alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Exhibit 10.58    
  


 
 

FIRST AMENDMENT
  TO THE
  EARLE M. JORGENSEN
  EMPLOYEE STOCK OWNERSHIP PLAN
  (As Amended and Restated Effective as of April 1, 2001)    
  


        THIS FIRST AMENDMENT, by EARLE M. JORGENSEN COMPANY (the
"Company"), to the Earle M. Jorgensen Employee Stock Ownership Plan (As Amended and Restated Effective as of April 1, 2001) (the "Plan") is effective as of January 15, 2002 or such other
date as indicated herein. 


WITNESSETH:  


        WHEREAS, the Company understands that there may have been some confusion related to the provision of
diversification rights under the Plan and the fact that the ability to diversify ended after a certain period of time; and, 


        WHEREAS, in order to rectify the potential problem the Company approved a special additional diversification window for individuals who
previously were eligible to diversify their accounts and who had failed to fully elect such ability to diversify; 


        NOW, THEREFORE, it is hereby resolved that, effective as of January 15, 2002 the Plan is hereby amended to add an additional
diversification election period as follows: 


I.  


        Section 13 of the Plan is hereby amended by adding the following new part (c) at the end as a part thereof: 



"(c)    Special Diversification Window.    Notwithstanding anything contained in the Plan to the contrary, effective
January 15, 2002, a Participant who was previously eligible to elect to diversify Post-1986 Shares under part (a) of this Section 13 and who did not elect to so
diversify the entire amount eligible for diversification during the six year diversification period applicable to such Participant, shall be permitted to make a one time election to diversify up to
50% of the number of Post-1986 Shares allocated to his Company Stock Account, PAYSOP Account and Matching Account since the inception of the Plan, the Kilsby ESOP, the Republic ESOP or the
ECAP less all shares with respect to which amounts have previously been diversified under part (a) of Section 13. Such election must be received by the Plan Administrator no later than
January 31, 2002. "Diversification" under this part (c) will be effected by distributing to Participants (in shares of Company Stock, cash or a combination of both, as determined by the
Committee) the portion of their Company Stock Accounts, PAYSOP Accounts and Matching Accounts with respect to which a diversification election set forth herein is made. Any distribution shall occur
within 90 days after the election hereunder is made and shall be subject to the provisions of Section 14(c). 







        IN WITNESS WHEREOF, the Company has caused this First Amendment to be executed by its duly authorized officer as of the day and year first
above written. 



	EARLE M. JORGENSEN COMPANY	 	 
	

By:	
 	

    
	
 	

 
	

Name:	
 	

    
	
 	

 
	

Title:	
 	

    
	
 	

 
	

Date:	
 	

    
	
 	

 











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Exhibit 10.58


FIRST AMENDMENT TO THE EARLE M. JORGENSEN EMPLOYEE STOCK OWNERSHIP PLAN (As Amended and Restated Effective as of April 1, 2001)
### §225. Condition of lease, forfeiture for violation

All leases of lands containing oil or gas, made or issued under the provisions of this chapter, shall be subject to the condition that the lessee will, in conducting his explorations and mining operations, use all reasonable precautions to prevent waste of oil or gas developed in the land, or the entrance of water through wells drilled by him to the oil sands or oil-bearing strata, to the destruction or injury of the oil deposits. Violations of the provisions of this section shall constitute grounds for the forfeiture of the lease, to be enforced as provided in this chapter.

(Feb. 25, 1920, ch. 85, §16, 41 Stat. 443; Aug. 8, 1946, ch. 916, §2, 60 Stat. 951.)

#### **Editorial Notes**

#### Amendments

1946—Act Aug. 8, 1946, omitted condition that no wells should be drilled within two hundred feet of boundaries of leased lands.

#### **Statutory Notes and Related Subsidiaries**

#### Savings Provision

See note set out under section 181 of this title.

#### Outer Continental Shelf; Terms and Conditions of Leases

Terms and conditions of mineral leases on submerged lands of outer Continental Shelf, see section 1337 of Title 43, Public Lands.
### §92e. Repealed. Pub. L. 98–473, title I, §123A(b), Oct. 12, 1984, 98 Stat. 1969

Section, acts June 28, 1943, ch. 173, title I, 57 Stat. 223; June 26, 1944, ch. 277, title I, 58 Stat. 337; June 13, 1945, ch. 189, 59 Stat. 241; July 1, 1946, ch. 530, 60 Stat. 390, provided for continuation of salaries of clerical assistants to Senators upon death of that Senator in office.
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Exhibit 4(j)  



	PROTECTIVE LIFE INSURANCE COMPANY	 	P. O. BOX 2606	 	BIRMINGHAM, ALABAMA    35202-2606
	





 
 

MIMIMUM ANNUITIZATION VALUE ENDORSEMENT    
    


We
are amending the Contract to which this endorsement is attached by adding the following provisions: 



Minimum Annuitization Value—If the Annuity Commencement Date is on the {Nth} Contract Anniversary, or within {W} days
thereafter, and if you select an Annuity Option providing either: i) life income, with or without a certain period; or,  ii) a certain period of at least
{X} years, the amount we apply to the Annuity Option will not be less than the greater of:
 



	•
	the
Contract Value; or



	•
	aggregate
Purchase Payments less an adjustment for each surrender. 





For
the purpose of calculating the minimum annuitization value, the adjustment for each partial surrender will equal the amount that reduces the minimum annuitization value in the same proportion that
the amount surrendered including any associated surrender charges reduced the Contract Value as of the Valuation Period during which that surrender was taken. 


Provided
the conditions set out in the Contract for changing the Annuity Commencement Date are met, we will accept your Written Notice changing the Annuity Commencement Date to a date that qualifies
for the minimum annuitization value. We will calculate the minimum annuitization value as of the Valuation Period that contains the Annuity Commencement Date. 


Termination—This endorsement will automatically terminate upon the earliest of: 



	(a)
	the
end of the Valuation Period that contains the {W+1} day after the {Nth} Contract Anniversary; or,



	(b)
	a
cancellation, or full surrender of the Contract. 





Signed
for the company and made a part of the contract as of the Effective date. 


PROTECTIVE
LIFE INSURANCE COMPANY 


PROTECTIVE
LIFE INSURANCE COMPANY 



	

/s/ DEBORAH J. LONG
 Deborah J. Long
 Secretary	
 	

 




1









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MIMIMUM ANNUITIZATION VALUE ENDORSEMENT
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN NO. 03-03-00597- CR
P aulJ. St autz e nbe r ge r , A ppe lla nt

v. The State of Texas, App ellee
F ROM THE COUNTY COURT AT LAW OF COM AL COUNTY NO. 2003CR08 81A, H ONO RAB LE BRENDA CHAP MAN, JUDGE P RESIDING

M E MO R

A N D UM O P I N I O N Paul J . Stautz enberg er was convicted in justi ce of the pea ce c ourt for driving without beingsecur ed by

a saf ety belt . SeeTex. Transp. Code Ann. § 545.413(a) (West Supp. 2004-05). He wa s ag ain convicte d o n ap p eal by trial de novo in the c ounty court at law. The latter cour t assessed a

$100 fine. Stautz enberg er r epre sents himself on appea l, as he did at trial. No brie f wa s tendere d for filing. See Tex. R. App. P . 38.8(b)( 4) (consideration of appea l without briefs). B eca use the fine do e s no t e xce e d $1 00 and

no iss ue of

the c on sti tut ion a lity

of se c tio n 5 45 .4 13 (a) h a s b e e n r a ise d, thi s Court is withoutjurisdiction. Tex . Code Crim. Proc. Ann. ar t. 4.03 (West 2005).2 The a ppeal is dismissed for wa nt of jurisdiction.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _________ Be a Ann Smith, J ustice Be fore Chief J ustice L aw, Justi ces B . A. Smith and Pemberton Dismissed for Want of J urisdiction Filed: May

26, 2005 Do No t Pu

bli sh
### §951a. Health, Safety, and Mining Technology Research program

#### (a) Health, Safety, and Mining Technology Research Plan

(1) Every 5 years, the Secretary of the Interior, acting through the Director of the Bureau of Mines (hereinafter in this section referred to as the "Director"), shall develop a Plan for Health, Safety, and Mining Technology Research (hereinafter in this subsection referred to as the "Plan").

(2) The Plan shall identify the goals and objectives of the Health, Safety, and Mining Technology program of the Bureau of Mines, and shall guide research and technology development under such program, over each 5-year period.

(3) In preparing the proposed Plan referred to in paragraph (1), the Director shall solicit suggestions, comments and proposals for research and technology development projects from the mining industry, labor, academia and other concerned groups and individuals.

#### (b) Technical amendment

For the purposes of section 951(b) of this title, as amended, activities in the field of coal or other mine health under such section shall also be carried out by the Secretary of the Interior acting through the Director of the Bureau of Mines. Nothing in this subsection is intended to preclude or duplicate the ongoing research activities of the Bureau of Mines on health hazards safety technology or research conducted by the National Institute of Occupational Safety and Health on coal mine safety and health effects.

(Pub. L. 102–486, title XXV, §2512, Oct. 24, 1992, 106 Stat. 3111.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Federal Mine Safety and Health Act of 1977 which comprises this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of Pub. L. 102–285, set out as a note under section 1 of this title. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of this title.
§ 1690.12 Power of attorney. ( a ) A participant or beneficiary can appoint an agent to conduct business with the TSP on his or her behalf by using a power of attorney (POA). The agent is called an attorney-in-fact. The TSP record keeper must approve a POA before the agent can conduct business with the TSP; however, the TSP record keeper will accept a document that was signed by the agent before the TSP record keeper approved the POA. The TSP record keeper will approve a POA if it meets the following conditions: ( 1 ) The POA must give the agent either general or specific powers, as explained in paragraphs (b) and (c) of this section;
( 2 ) The POA must be signed by the participant;
( 3 ) The POA must provide the names and addresses of the participant and the agent;
( 4 ) The POA must meet the state law requirements of the participant's state of domicile as determined by the address on file with the TSP record keeper;
( 5 ) The POA must be a complete document; and
( 6 ) The POA must be submitted to the TSP record keeper for approval.
( b ) A general POA gives an agent unlimited authority to conduct business with the TSP, including the authority to sign any TSP-related document. Additional information regarding general powers of attorney can be accessed at *https://www.tsp.gov .*
( c ) A specific power of attorney gives an agent the authority to conduct specific TSP transactions. A specific POA must expressly describe the authority it grants. Additional information regarding specifical powers of attorney, as well as a sample form, can be accessed at *https://www.tsp.gov .*
[87 FR 31695, May 24, 2022]
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Region IV 

 611 Ryan Plaza Drive - Suite 400

 Arlington, TX 76011-4005

No. IV-03-037 August 19, 2003

Contact: Victor Dricks E-Mail: opa4@nrc.gov

Phone: 817-860-8128

 NRC ASSIGNS NEW SENIOR RESIDENT INSPECTOR

TO ARKANSAS NUCLEAR ONE

Nuclear Regulatory Commission officials have assigned Richard Deese as the senior

resident inspector at the Arkansas Nuclear One power plant near Russellville, Arkansas. He

joins resident inspector Kathy Weaver at the two-unit site.

Mr. Deese joined the NRC as a reactor inspector in the Region IV office in Arlington,

Texas, in February 1999. In July 2001, he was assigned as a resident inspector at the Grand Gulf

nuclear plant in Mississippi. Prior to joining the NRC, Mr. Deese worked for 12 years for

Westinghouse Bettis. His experience there included various technical and management positions

at Navy nuclear training facilities in Idaho and South Carolina, and at a shipyard in Virginia.

Mr. Deese earned a Bachelor of Science degree in mechanical engineering from North

Carolina State University in Raleigh, NC. He and his wife Stephanie, and their four children

will live in Russellville.

Each U.S. commercial nuclear power plant has at least two NRC resident inspectors. 

They serve as the agency’s eyes and ears at the facility, conducting regular inspections,

monitoring significant work projects and interfacing with plant workers and the public. The

resident inspectors at Arkansas Nuclear One can be reached at (479) 968-3290.

###
§ 206.42 Who may file a petition. ( a ) A petition under section 406(a) of the Trade Act may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a domestic industry producing an article with respect to which there are imports of a like or directly competitive article which is the product of a Communist country, which imports, allegedly, are increasing rapidly, either absolutely or relative to domestic production, so as to be a significant cause of material injury, or the threat thereof, to such domestic industry.
( b ) A petition under section 421(b) or (o) of the Trade Act may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry.
[67 FR 8191, Feb. 22, 2002]
NRC NEWS U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 03-123 September 29, 2003

NRC ADVISORY COMMITTEE ON REACTOR SAFEGUARDS

TO HOLD OCTOBER MEETING IN ROCKVILLE, MARYLAND

The Nuclear Regulatory Commission’s Advisory Committee on Reactor Safeguards will hold a

public meeting October 1-4 in Rockville, Md. The committee will discuss, among other items, license

renewal applications for the Fort Calhoun and H.B. Robinson nuclear power plants, as well as hear an

NRC report on the effects of electricity-grid-related events (between 1985 and 2001) on nuclear power

plant performance.

The meeting will be held in Room T-2B3 of the agency’s Two White Flint North building, at

11545 Rockville Pike. The meeting will begin at 10:15 a.m. on October 1, and at 8:30 a.m. the

succeeding days. A complete agenda will be available on the NRC’s Web site at this address:

http://www.nrc.gov/reading-rm/doc-collections/acrs/agenda/2003/ .

For additional information, please contact Dr. Sher Bahadur, at 301-415-0138.

###
#### Joan E. Krieger, an Infant, by Harry Krieger, Her Guardian ad Litem, Appellant, v. William Harris et al., Respondents, et al., Defendants.

Present — Peck, P. J., Glennon, Callahan and Van Voorhis, JJ. [See 278 App. Div. 911.]
### SUBCHAPTER IV—SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS
### §9702. Investment of trust funds

Except as required by a treaty of the United States, amounts held in trust by the United States Government (including annual interest earned on the amounts)—

(1) shall be invested in Government obligations; and

(2) shall earn interest at an annual rate of at least 5 percent.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1052.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 9702 | 31:547a. | R.S. §3659. |

The section is substituted for 31:547a for clarity and consistency in the revised title.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 03-121 September 24, 2003

 NRC MEETS WITH DELEGATION OF INDIA’S REGULATORS

The Nuclear Regulatory Commission met with Dr. K. Sharma, Vice Chairman of the Atomic

Energy Regulatory Board of India, and a six-person Indian government delegation September 8-17, to

exchange nuclear power plant safety information. Discussions with the Director of the Office of

Nuclear Regulatory Research and other key NRC officials concerned five project areas in civilian

nuclear power, which have been approved by the respective governments. These discussions addressed

key topics in operating license renewal, design basis modifications, emergency operating procedures,

fire safety, and risk-informed regulation. 

 In addition to the technical discussions, which were based on publicly available information,

the Indian delegation visited the University of Maryland, the National Institute of Standards and

Technology, and the Surry Nuclear Power Plant in Gravel Neck, Virginia. It is anticipated that followon meetings will be held in 2004 in Mumbai, India and Washington, D.C.

###
#### Sturges & Burn Manufacturing Company, Appellant, v. Root Dairy Supply Company, Appellee.

Gen. No. 19,345.

(Not to Tbe reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Chables N. Goodnow, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Reversed and remanded.

Opinion filed April 21, 1914.

Statement of the Case.

Action by Sturges *&*Burn Manufacturing Company against Boot Dairy Supply Company to recover the unpaid balance of the purchase price of milk and other cans furnished and delivered to defendant; The amount of said balance, $1,496.95, was unquestioned. Defendant sought to recoup damages for an alleged breach of contract. The jury gave a verdict for plaintiff for $500, thereby finding for defendant to the extent of the difference. The total amount of defendant’s damages, however, as claimed and proved, was $237.31 less than the jury allowed it. From a judgment entered on the verdict, plaintiff appeals.

Bulkley, Gray & More, for appellant.

Helmer, Moulton, Whitman *&*Whitman, for appellee; Lloyd C. Whitman, of counsel.

Abstract of the Decision.

1. Set-oee and eecoupment, § *45*
      ***
      *—when judgment allowing defendant more than claim for recoupment cannot he sustained.*In an action to recover a sum due for milk cans furnished the defendant, where the amount alleged to he due was unquestioned, and defendant sought to recoup damages for breach of the contract, *53
      *held*that a verdict and judgment in favor of plaintiff for a sum which showed that defendant was allowed more on his claim of recoupment than he claimed and proved, could not be sustained, it appearing from the pleadings and proofs there was no basis for exemplary damages and the only question presented being whether in quality and weight the cans were such as plaintiff contracted to furnish.

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

*52Mr. Justice Barnes

delivered the opinion of the court.

*532. Sales, § *401*
      ***
      *—when evidence insufficient to show breach of warranty.*In an action for a balance of the purchase price of milk cans furnished by plaintiff to defendant, a claim of recoupment for breach of a warranty consisting of representations as to the weight of the cans, *held*not sustained by the evidence.

3. Sales, § *279*
      ***
      *—when breach of warranty waived.*Where there is a warranty as to the weight and quality of goods sold, and the defects are readily apparent or ascertainable on inspection, the warranty is waived where no complaint is made within a reasonable time after their acceptance.
## THEATTORN'EYGENERAL OF TEXAS
AUSTIN. **-J%GXAS** 713711 April 20, 1977

The Honorable Robert J.Winn Opinion No. H-984 Executive Director Governor's Coordinating Office Re: Whether various supplies for theVisually Handicapped are stationery within article Suite 1004,Westgate Bldg. 16, section 21 of the Texas Austin, Texas 78701 Constitution. Dear Mr. Winn: You have requested our opinion concerning whether office supplies such as pencils, pens, typewriter pads and paper clips are "stationery" within article 16, section 21of the Texas Constitution. Your question arises from the desire of the Texas Committee on Purchases of Blind-Made Products and Services to include such items within those manufactured by the blind and sold to state agencies pursuant to articles 664-5 and 664-6,V.T.C.S. Article 16, section 21of the Texas Constitution generally requires all "stationery, and printing" tobe performed under a contract reached through competitive bidding and approved byvarious officials. See State v. Steck Co., 236 S.W.2d 866 (Tex.Civ.App. --AustK1951, writ ref'd). Attorney General Opinions H-319 (1974);C-732 (1966);Letter'Advisory No. 35 (1973). Words within a constitution are aiven their natural meaning. Markowsky v. Newman, 136 S.W.2d 808 (Tex. 1940). In that case as inmany others, the definition of the pertinent words aspresented inWebster's was utilized. Webster's Third New International Dictionary defines stationery as “materials (aspaper, pens, pencils, ink, blankbooks, ledgers, and cards) forwriting or typing." Apparently the definition was similarly broad at the time of the adoption of article 16, section 21. InHarris County v. Clarke, 37 S.W. 22 (Tex.Civ. App. -- 1896, no writ) the court stated:

P. 4094The Honorable Robert J.Winn -page 2 (H-984)

Stationery isdefined byWebster tomean paper, pens, inks, quills, blank books, etc. Id. at 23. See Crook v.~Conunissioners'~ Court o:fCalhoun County, ~SO. 383 IAla. 1905). Accordinalv. theword "stationerv" as contained in article 16, _ _. section 21 includes materials used for writing. Itwould appear that the items you mention are within the definition of "stationery" andmay not be purchased without complying with the requirements of article 16, section 21. Attorney General Opinion H-319 (1974)ILetter Advisory No. 35 (1973). Of course, a non-profit agency for the blind as referred to in articles 664-5 and 664-6may bid for such contracts. Attorney General Opinions H-921 (1977)and M-743 (1970). SUMMARY "Stationery" as used in article 16, section 21of the Texas Constitution means materials used forwriting or typing. Itwould include pens, pencils, pads and paper clips. -Very truly yours,

// Attorney General of Texas APPROVED: (1

Opinion Committee km1

p. 4095
#### George Andrew, Judgment-Creditor-Appellant, v. Themes Dembalas, Judgment-Debtor-Respondent.

Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.