alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    EXHIBIT 10.2

                   SECOND AMENDMENT TO CONSULTING AGREEMENT


This Agreement shall constitute the Second Amendment to Consulting Agreement 
originally dated as of April 24, 1996 by and between St. John Knits, Inc., a 
California corporation (the "Company") and Robert C. Davis (the "Consultant").


                                   AMENDMENT

The Company and Consultant hereby agree to extend the Term of the original 
Consulting Agreement for an additional period of six months, from May 20, 1997 
through November 19, 1997. The Company and Consultant hereby agree that all 
other terms of the Consulting Agreement shall remain in full force and effect,
including but not limited to, the Consultant's rate of compensation of $100,000
in the aggregate, payable in six substantially equal amounts at the end of each
month during the Term; the first payment payable on June 30, 1997 and the last
payment payable on November 30, 1997.

EXECUTED as of April 11, 1997 at Orange County, California.




                                        ST. JOHN KNITS, INC.
                                        a California corporation


                                        By: /s/ ROBERT E. GRAY
                                           ---------------------------
                                        Name: Robert E. Gray

                                        Title: Chief Executive Officer


                                            /s/ ROBERT C. DAVIS
                                           ---------------------------
                                              Robert C. Davis
EXHIBIT 32.1



                                  CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
        (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
                               UNITED STATES CODE)

            Pursuant  to  section  906  of  the   Sarbanes-Oxley   Act  of  2002
(subsections (a) and (b) of section 1350,  chapter 63 of Title 18, United States
Code),  each of the  undersigned  officers of Tag-It  Pacific,  Inc., a Delaware
corporation (the "Company"), do hereby certify with respect to the Amendment No.
1 to Annual  Report of the  Company on Form  10-K/A  for the  fiscal  year ended
December  31, 2004 as filed with the  Securities  and Exchange  Commission  (the
"10-K/A Report") that:

         (1)      the 10-K/A  Report fully  complies  with the  requirements  of
                  section 13(a) or 15(d) of the Securities Exchange Act of 1934;
                  and

         (2)      the   information   contained  in  the  10-K/A  Report  fairly
                  presents,  in all material respects,  the financial  condition
                  and results of operations of the Company.

Date:  December 6, 2005                       /S/ STEPHEN FORTE
                                              -------------------------------
                                                  Stephen Forte
                                                  Chief Executive Officer


Date:  December 6, 2005                       /S/ AUGUST DELUCA
                                              -------------------------------
                                                  August DeLuca
                                                  Chief Financial Officer
### §1309. Social security tax

Amounts made available for the compensation of officers and employees of the United States Government may be used to pay taxes imposed on an agency as an employer under chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.).

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1309 | 31:699a. | July 15, 1952, ch. 758, §1410, 66 Stat. 661. |

The word "Amounts" is substituted for "Appropriations and funds" to eliminate unnecessary words. The words "salaries, wages, or" are omitted as being included in "compensation".

#### **Editorial Notes**

#### Amendments

1986—Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
NRC NEWS

 UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov/OPA

No. II-01-010 May 25, 2001 

 

CONTACT: Ken Clark (404)562-4416/e-mail: kmc2@nrc.gov

Roger D. Hannah (404)562-4417/e-mail: rdh1@nrc.gov 

 

NRC STAFF TO HOLD PREDECISIONAL ENFORCEMENT CONFERENCE IN ATLANTA

ON JUNE 6 WITH TURABO CORPORATION OF CAGUAS, PUERTO RICO 

 The Nuclear Regulatory Commission staff will hold a predecisional enforcement conference in

Atlanta at 1:00 p.m. (EDT) on June 6 with Turabo Corporation of Caguas, Puerto Rico, to discuss

regulatory concerns related to compliance with radiation safety license requirements.

 NRC informed company officials in a letter dated May 22 that a recent inspection indicated

apparent violations involving failure to secure or maintain constant surveillance of portable moisturedensity gauges, wear required dosimetry, leak test portable gauges at the required interval, make and

maintain required records of physical inventories, list correct emergency contact information on

shipping papers, and maintain shipping papers in a readily accessible location in the transport vehicle.

 The conference will provide company officials with an opportunity to discuss their perspective on

these matters and any other information they believe the NRC should take into consideration in making

an enforcement decision.

 The decision to hold a predecisional enforcement conference does not mean that a determination

has been made that a violation has occurred or that enforcement action will be taken. The purpose is to

discuss apparent violations, their causes and safety significance, to provide the licensee with an

opportunity to point out errors that may have been made in the NRC inspection report and to enable the

company to outline its proposed corrective actions.

 No decision on the apparent violation or any contemplated enforcement action, such as a civil

penalty, will be made at the conference. Those decisions will be made by NRC officials at a later time.

###
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-01-045 August 16, 2001

CONTACT: Breck Henderson 

Phone: 817-860-8128

Cellular: 817-917-1227

e-mail: bwh@nrc.gov

NRC PLANS ADDITIONAL INSPECTION AT COOPER 

DUE TO FAILURE TO CORRECT EXERCISE ERRORS 

The U.S. Nuclear Regulatory Commission staff will increase inspection activity at Cooper

Nuclear Station, a nuclear power plant near Brownville, Nebraska, in response to errors made during

an emergency exercise that were not corrected. The NRC concluded that the issue was of low to

moderate safety significance and thus constituted a ìwhiteî finding under the agencyís new reactor

oversight process, and issued a Notice of Violation.

During an exercise of emergency procedures in August last year, simulated radiation exposure

to the public was calculated incorrectly. As a result, incorrect protective actions were recommended to

state and local authorities during the exercise. Although Nebraska Public Power District, which

operates the Cooper plant, tried to fix the problem through revised procedures and personnel training,

the same errors were repeated during a drill in April. NRC regulations require that identified

weaknesses be corrected, which an NRC inspection ending in June concluded NPPD had failed to do.

NPPD did not contest the proposed NRC action and declined a regulatory conference on the issue.

Under the NRCís performance assessment process, the safety significance of each NRC

inspection finding is characterized by a color -- green, white, yellow, or red. The agency response to

the inspection findings is based on the significance of the items. A green finding receives normal NRC

oversight, while white, yellow, or red assessments result in increasing NRC involvement, including

additional inspections.

 NPPD has 30 days to respond to the Notice of Violation with planned corrective actions. The

increased level of NRC inspection during the coming year will focus on problem identification and

resolution in the emergency preparedness program at Cooper. Cooperís safety performance and

applicable inspection reports can be viewed on the NRCís website at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/CNS/cns_chart.html .

###
[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Page 62068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23733]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1545-DR]


Florida; Amendment No. 11 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster for the 
State of Florida (FEMA-1545-DR), dated September 4, 2004, and related 
determinations.

Effective Date: October 8, 2004.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective October 8, 2004.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050 
Individuals and Households Program--Other Needs; 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-23733 Filed 10-21-04; 8:45 am]
BILLING CODE 9110-10-P
### §74d–2. Transferred

#### **Editorial Notes**

#### Codification

Section 74d–2 was editorially reclassified as section 5623 of this title.
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

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

No. 04-142 November 10, 2004

NRC ADVISORY COMMITTEE ON NUCLEAR WASTE TO MEET 

NOV. 16-18 IN ROCKVILLE, MARYLAND

The U.S. Nuclear Regulatory Commission’s Advisory Committee on Nuclear Waste will hold a

public meeting Nov. 16-18, in Rockville, Md., to hear, among other things, a briefing on recent

activities of interest in the agency’s Division of High-Level Waste Repository Safety and Division of

Waste Management and Environmental Protection. The committee will also be briefed by the

Department of Energy on the general format and content of the expected application for the Yucca

Mountain project.

The meeting on Tuesday will run from 10:30 a.m. to 5:15 p.m. and on Wednesday and

Thursday from 8:30 a.m. to noon. The meeting will be held in Room T-2B3 of the agency’s Two

White Flint North Building, at 11545 Rockville Pike. 

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

http://www.nrc.gov/reading-rm/doc-collections/acnw/agenda/2004/. For additional information, please

contact Howard Larson at 301-415-6805.

###
#### In the Matter of Consolidated Edison Company of New York, Inc., Appellant, against Milo R. Maltbie et al., Constituting the Public Service Commission of the State of New York, et al., Respondents.

Foster, P. J., Heffernan, Deyo, Santry and Bergan, JJ., concur.
### §866. Trailing cables

#### (a) Requirements established for flame resistant cables

Trailing cables used in coal mines shall meet the requirements established by the Secretary for flame-resistant cables.

#### (b) Circuit breakers; markings and visual observation of position of disconnection devices

Short-circuit protection for trailing cables shall be provided by an automatic circuit breaker or other no less effective device approved by the Secretary of adequate current-interrupting capacity in each ungrounded conductor. Disconnecting devices used to disconnect power from trailing cables shall be plainly marked and identified and such devices shall be equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected.

#### (c) Distribution center junctions; safety connections

When two or more trailing cables junction to the same distribution center, means shall be provided to assure against connecting a trailing cable to the wrong size circuit breaker.

#### (d) Temporary splices; usable period; exceptions; quality

One temporary splice may be made in any trailing cable. Such trailing cable may only be used for the next twenty-four hour period. No temporary splice shall be made in a trailing cable within twenty-five feet of the machine, except cable reel equipment. Temporary splices in trailing cables shall be made in a workmanlike manner and shall be mechanically strong and well insulated. Trailing cables or hand cables which have exposed wires or which have splices that heat or spark under load shall not be used. As used in this subsection, the term "splice" means the mechanical joining of one or more conductors that have been severed.

#### (e) Permanent splices; quality

When permanent splices in trailing cables are made, they shall be—

(1) mechanically strong with adequate electrical conductivity and flexibility;

(2) effectively insulated and sealed so as to exclude moisture; and

(3) vulcanized or otherwise treated with suitable materials to provide flame-resistant qualities and good bonding to the outer jacket.

#### (f) Clamping of cables

Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections. Trailing cables shall be adequately protected to prevent damage by mobile equipment.

#### (g) Making and breaking of connections to junction boxes

Trailing cable and power cable connections to junction boxes shall not be made or broken under load.

(Pub. L. 91–173, title III, §306, Dec. 30, 1969, 83 Stat. 779.)

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

#### Effective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.
### §72a–1b. Transferred

#### **Editorial Notes**

#### Codification

Section 72a–1b was editorially reclassified as section 4311 of this title.
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Telephone 301/415-820

 Washington, DC 20555-0001 E-mail: opa@nrc.gov

 Web Site: www.nrc.gov

No. 03-078 June 10, 2003

NRC TO HOLD PUBLIC MEETING JUNE 17 ON

HUMAN RELIABILITY ANALYSIS FOR RISK MODELING

Nuclear Regulatory Commission staff will meet with interested stakeholders on June 17

in Rockville, Md., to discuss a new human reliability analysis (HRA) method to support

standardized plant analysis risk models. The meeting will be held in Room O-7B4 at 11555

Rockville Pike, from 10 a.m. until 3:30 p.m. 

HRA addresses the need to account for human errors when performing safety studies,

reviewing special issues, or helping to risk-inform oversight and regulation. The analysis is

based in part on results from human performance studies published in behavioral sciences

literature.

The public is invited to participate by discussing technical issues with NRC staff at

designated points during the meeting. The agenda is available electronically through the NRC’s

Agencywide Documents Access and Management System (ADAMS) on the NRC web site at:

http://www.nrc.gov/reading-rm/adams/web-based.html , by entering accession number 

ML031540023. Help in using ADAMS is available from the NRC’s Public Document Room at

800/397-4209 or 301/415-4737. For more information on the meeting, contact Erasmia Lois at

301/415-6560.

###
#### Amtorg Trading Corporation, Appellant-Respondent, v. United States Wallboard Machinery Company, Defendant, and Standard Accident Insurance Company, Respondent-Appellant.

Orders unanimously affirmed. Ho opinion. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ. [204 Misc. 479.]
#### § 207.65 Prehearing briefs.

Each party to a five-year review may submit a prehearing brief to the Commission on the date specified in the scheduling notice. A prehearing brief shall be signed and shall include a table of contents. A prehearing brief shall be filed electronically, and nine (9) true paper copies shall be submitted (on paper measuring 8.5 × 11 inches and single-sided) on the same business day. The prehearing brief should present a party's case concisely and shall, to the extent possible, refer to the record and include information and arguments which the party believes relevant to the subject matter of the Commission's determination.

[79 FR 35925, June 25, 2014]
### §2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway

#### (a) In general

Not later than 90 days after June 10, 2014, the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.

#### (b) Types of activities

In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes:

(1) Commercial navigation.

(2) Commercial fishing.

(3) Subsistence, including utilization by Indian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes.

(4) Use as ingress and egress to harbors of refuge.

(5) Transportation of persons.

(6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities.

(7) Activities of the Secretary of the department in which the Coast Guard is operating.

(8) Public health and safety related equipment for responding to coastal and inland emergencies.

(9) Recreation purposes.

(10) Any other authorized purpose.

#### (c) Report to Congress

For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submission by the President to Congress under section 1105(a) of title 31, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway—

(1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth;

(2) identifies the amount of funding requested in the President's budget for operation and maintenance costs; and

(3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.

(Pub. L. 113–121, title II, §2008, June 10, 2014, 128 Stat. 1268.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
#### § 1312.34 Information in the custody of OMB.

Information contained in OMB files and under the exclusive declassification jurisdiction of the office will be reviewed by the office of primary interest to determine whether, under the declassification provisions of the Order, the requested information may be declassified. If so, the information will be made available to the requestor unless withholding is otherwise warranted under applicable law. If the information may not be released, in whole or in part, the requestor shall be given a brief statement as to the reasons for denial, a notice of the right to appeal the determination to the Deputy Director, OMB, and a notice that such an appeal must be filed within 60 days in order to be considered.
*Pursuant to 5 TH CIR. R. 47.5, the court has determ ined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

### FILED April 5, 2007 Charles R. Fulbruge III Clerk 

### In The United States Court Of Appeals For The Fifth Circuit
No. 06-30772 Summary Calendar ELLIOTT MUHAMMAD,

Plaintiff - Appellant,
v. UNITED STATES OF AMERICA; INTERNAL REVENUE SERVICE,

Defendants - Appellees. Appeal from the United States District Court For the Eastern District of Louisiana No. 2:05-CV-812 Before SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM: * Elliot Muhammad sued to enjoin the seizure by the United States of funds in his bank account. The United States filed a motion to dismiss for lack of jurisdiction, and the district court granted the motion on the grounds that the Anti-Injunction Act prohibits a suit to enjoin the collection of taxes. Muhammad appeals. The Anti-Injunction Act generally provides that “no suit for the purpose of restraining1I.R.C. § 7421(a) (2000). 2Enochs v. Williams Packing & Nav. Co. , 370 U.S. 1, 8 (1962). 3547 U.S. 220 (2006). 2 the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.” 1 Muhammad first argues that the Anti-Injunction Act does not apply because his suit was not to enjoin the collection of taxes, but rather to enjoin the improper seizure of property. However, the Government provided ample evidence of a valid assessment of taxes against Muhammad. When, as is the case here, collecting officers have made a tax assessment and claim that the assessment is valid, the Anti-Injunction Act prohibits suits for injunctions barring collection the taxes. 2 Muhammad has not shown that any statutory or judicial exception to the AntiInjunction Act applies. Muhammad also argues he is entitled to sue because the Government violated his constitutional rights. He specifically cites J ones v. Flowers3 and similar cases for the proposition that the Government’s failure to provide adequate notice violated his constitutional right to due process. If Muhammad had claimed that Government took his property without due process, and he had sued the Government for damages, Jones would support his claim. But Muhammad sued to enjoin the Government from collecting taxes, and the fact that he raises constitutional claims does not allow him to avoid the Anti-Injunction4See Linn v. Chivatero, 714 F.2d 1278, 1282 (5th Cir. 1983) (“Linn’s decision to cast his

lawsuit in constitutional terms does not mean that the Anti-Injunction Act is inapplicable.”). 3 Act’s prohibition of such a suit. 4 Of course, the Anti-Injunction Act does not prohibit Muhammad from suing the Government if the Government has taken his property in violation of the Constitution. It merely prohibits suits like Muhammad’s, where the plaintiff seeks to enjoin the collection of taxes. We AFFIRM.