alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AMENDMENT TO MANAGEMENT SERVICES AGREEMENT



EXHIBIT 4.4



AMENDMENT TO MANAGEMENT SERVICES AGREEMENT


 

THIS AGREEMENT dated for reference the 1st day of September 2000


BETWEEN:
AUTUMN INDUSTRIES INC., a company duly incorporated under the laws of the Province of British Columbia and having its registered and records office at 1200-999 West Hastings Street, Vancouver, British Columbia, V6Z 1B4


(hereinafter referred to as the "Company")




OF THE FIRST PART

AND:
GBC SYSTEMS CORP. a Company duly incorporated under the laws of the Province of British Columbia and having its registered and records office at 2002-13383 108th Avenue, Surrey, BC  V3T 5T6




(hereinafter referred to as "GBC")




OF THE SECOND PART

AND:
GERALD B. CAUL, of 2002 - 13383 108th Avenue, Surrey, British Columbia V3T 5T6.


(hereinafter referred to as "Caul")




OF THE THIRD PART


WHEREAS:


	The Company, GBC and Caul entered into a Management Services Agreement dated for reference the 1st day of May, 1999 (the "Agreement"); and
	The parties now wish to amend the agreement on the terms and conditions set out herein.




NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and of the covenants and agreements hereinafter contained, the parties hereto have agreed to the following amendments:


	Clause 4.1(a) of the Agreement is hereby amended as follows:

"the sum of Ten Thousand Dollars ($10,000.00) per month ($120,000.00 per annum) excluding GST, payable on the last day of each month."

	Clause 4.1(b) of the Agreement is hereby removed and replaced to read as follows:

"a car allowance of One Thousand Two Hundred ($1,200.00) per month ($14,400.00 per annum)."


	In all other respects, the Agreement remains in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written.


	
THE CORPORATE SEAL OF 

AUTUMN INDUSTRIES INC.

was hereunto affixed in

the presence of :
	 
	 	 
	
"Byron P. Loewen"
	 
	
Authorized Signatory
	 
	 	 
	
"W. Gerald Mazzei"
	 
	
Authorized Signatory
	 
	 	 
	
THE CORPORATE SEAL OF 

GBC SYSTEMS CORP.


	 
	
"Gerald B. Caul"
	 
	
Authorized Signatory
	 
	 	 
	
SIGNED AND DELIVERED BY
	"Gerald B. Caul"


	
GERALD B. CAUL

in the presence of:
	
GERALD B. CAUL

	 	 
	
"Reyna Seabrook"
	 
	
Name
	 
	 	 
	
"5824 Farmers Drive, Kelowna"
	 
	
Address
	 
	 	 
	
"Executive Assistant"
	 
	
Occupation
Editorial Note on Part 315
Editorial Note: Nomenclature changes to part 315 appear at 70 FR 72067, Dec. 1, 2005.

§ 315.704 Conversion to career employment from indefinite or temporary employment. ( a ) *General.* Employees serving after February 7, 1968, in competitive positions under indefinite appointments or temporary appointments pending establishment of a register or as status quo employees acquire competitive status and are entitled to have their employment converted to career employment when such employees: ( 1 ) Complete a total of at least 3 years of service in such a position under one or more such appointments without a break in service of more than 30 calendar days or without an interruption by nonqualifying service of more than 30 calendar days;
( 2 ) Have rendered satisfactory service for the 12 months immediately preceding the conversion; and
( 3 ) Meet applicable qualification requirements for the positions and are otherwise eligible for career employment. This paragraph does not apply to employees serving under an overseas limited appointment or in positions above GS-15 or equivalent.
( b ) *Creditable service.* ( 1 ) In computing creditable service under paragraph (a) of this section for an employee who left a competitive position in which he or she was serving under a qualifying appointment covered in paragraph (a) of this section to enter the armed forces and who is reemployed in such a position within 120 calendar days after separation under honorable conditions, the period from the date he or she left the position to the date of reemployment is creditable.
( 2 ) The Office shall publish in its operating manuals the conditions under which full-time, part-time, and intermittent employment is creditable in meeting the service requirement under paragraph (a) of this section.
( c ) *Termination after failure to meet conversion requirements.* An employing agency shall terminate employees covered by paragraph (a) of this section not later than 90 days after they complete the 3-year service requirement referred to in paragraph (a)(1) of this section, if they have not met the requirements and conditions of paragraphs (a) (2) and (3) of this section before the end of the 90-day period. For an employee who is reemployed after intervening service in the armed forces, the 90-day period begins on the date of reemployment if the employee's combined civilian and military service satisfies the 3-year service requirement on that date.
( d ) *Administrative error.* When an employee has met the service requirement under paragraph (a)(1) of this section but, because of administrative error or oversight, has not been converted to career employment within the time limits prescribed in this section, the employing agency may effect the employee's conversion as of the date on which he or she met the service requirement, even though the time limit for such conversion has expired.
[44 FR 54692, Sept. 21, 1979. Redesignated at 44 FR 63080, Nov. 2, 1979, as amended at 66 FR 66710, Dec. 27, 2001]
**Exhibit
      32**





**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








In
      connection with this Quarterly Report on Form 10-Q of Ridgewood Electric Power
      Trust II (the “Trust”) for the fiscal quarter ended June 30, 2006, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), each
      of the undersigned officers of the Trust hereby certifies, pursuant to 18 U.S.C.
      (section) 1350, as adopted pursuant to (section) 906 of the Sarbanes-Oxley
      Act
      of 2002, that to the best of his knowledge:





(1)           The
      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 Report fairly presents, in all material respects,
      the financial condition and results of operations of the Trust.





/s/
                    Randall D. HolmesName:
                  Randall
                    D. HolmesTitle:
                  Chief
                    Executive Officer(Principal
                    Executive Officer)Date:
                  December
                    20, 2007
 /s/
                      Jeffrey H. StrasbergName:
                    Jeffrey
                      H. StrasbergTitle:
                    Executive
                        Vice President and Chief Financial Officer(Principal
                      Financial and Accounting Officer)Date:
                    December
                      20, 2007
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR QUARTER ENDED JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                             600
<SECURITIES>                                     4,135
<RECEIVABLES>                                    2,524<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 8,348
<PP&E>                                           2,354<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  13,964
<CURRENT-LIABILITIES>                            3,514
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                             9
<OTHER-SE>                                      10,441
<TOTAL-LIABILITY-AND-EQUITY>                    13,964
<SALES>                                          1,910
<TOTAL-REVENUES>                                 7,488
<CGS>                                              198
<TOTAL-COSTS>                                    3,387
<OTHER-EXPENSES>                                 5,196
<LOSS-PROVISION>                                   213
<INTEREST-EXPENSE>                                  40
<INCOME-PRETAX>                                 (1,043)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (1,043)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,043)
<EPS-PRIMARY>                                     (.21)
<EPS-DILUTED>                                     (.21)
<FN>
<F1>A/R AND PPE ASSET VALUES REPRESENT NET AMOUNTS
</FN>
        

</TABLE>
#### Kathleen Phillips, Appellant, v. Metropolitan Life Insurance Company, Respondent.

In an action by the beneficiary to recover under a policy of life insurance, the company’s notice called for payment of a quarter-annual premium of $112.40 on August 25, 1940, and stated that the insurance would lapse if the payment were not made on that date or within a thirty-one days’ grace period. Nothing was paid. The insured was killed on November 4, 1940. The plaintiff contends that the notice was ineffective, in that it called for a premium greater in amount than was due; that therefore the insured was not required to respond to the notice; that the legal effect was as if no notice had been sent; and that the insurance coverage was extended for an additional year by operation of statutory provisions (Insurance Law, prior § 92, L. 1918, ch. 130). It is contended that the amount of $112.40 was excessive because computed in accordance with the company’s published rates, which were not set forth in the policy, contrary to prior section 58 of the Insurance Law (L. 1906, ch. 326), and that the proper construction of the policy shows that the quarterly premium amounts to not more than exactly one quarter of the amount of the annual premium which was set forth in the policy. The policy provides for payment of a single annual premium of $424.30, and contains a stipulation that upon the application of the assured and approval of the company, quarter-annual premiums may be made at the company’s published rates. Such an application was made and a quarterly premium in the amount of $112.40 was accepted by the company. With respect to the next quarter-annual period, the company sent the notice referred to above. The judgment granted in favor of defendant, after trial by the court, without a jury, is unanimously affirmed, with costs. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ. [See *post,*p. 811.]
§ 297.105 Agency and Office responsibilities for systems of records and applicability of the regulations. ( a ) These regulations apply to processing requests from both current and former Office employees for records contained in internal, central, and Governmentwide systems of records managed by the Office.
( b ) Agencies are solely and totally responsible for processing requests regarding records maintained in their internal systems of records. Agency regulations, and not these Office regulations, govern the implementation of the Privacy Act for agency internal systems; there is no right of appeal to the Office from an agency's determination regarding its internal agency records.
( c ) For records maintained in the Office's central systems of records, the data subject should contact the appropriate Office system manager concerning Privacy Act matters. These regulations will apply to inquiries regarding records located in the central systems of records.
( d ) For records maintained within the Office's Governmentwide systems of records, each agency is responsible, unless specifically excepted by the Office, for responding to initial Privacy Act access and amendment requests from its own current employees. For records in Office Governmentwide systems, including those in Official Personnel Folders, Employee Performance Folders, and Employee Medical Folders, the Office is responsible for responding to initial Privacy Act access and amendment requests from former Federal employees.
( e ) The procedures in this part apply to all such requests. The procedures in this part also apply to appeals from an agency initial determination regarding access to or amendment of records contained in the Office's Governmentwide systems of records.
( f ) The Office follows the procedures in this part when— ( 1 ) Processing initial requests regarding access to or amendment of records by its own employees and others that the Office is maintaining information on in its systems of records, including requests from former employees of an agency whose records properly reside in an Office Governmentwide system of records.
( 2 ) Processing Privacy Act appeals regarding access to and amendment of records generated by another Federal agency, but which are contained in the Office's Governmentwide systems of records, after an agency has issued the initial decision.
( 3 ) Processing initial requests and appeals concerning access to and amendment of records contained in the central systems of records.
( g ) For requests concerning records and material of another agency that are in the custody of the Office, but not under its control or ownership, the Office reserves the right to either refer the request to the agency primarily responsible for the material or to notify the individual of the proper agency that should be contacted.
§ 214.202 Authority to make determinations. ( a ) Each agency is responsible for determining, in accordance with Office of Personnel Management guidelines, which of its positions should be included in the Senior Executive Service.
( b ) Agency determinations may be reviewed by the Office of Personnel Management to ensure adherence with law and regulation.
§ 332.311 Quarterly examinations. ( a ) A 10-point preference eligible is entitled to file an application at any time for an examination for any position for which OPM maintains a register, for which a register is about to be established, or for which a nontemporary appointment was made in the preceding three years. For the purposes of this paragraph OPM shall hold an examination not later than the quarterly period succeeding that in which the application is filed.
( b ) When there is no appropriate existing register, OPM may establish special registers containing the names of eligibles from the quarterly examinations authorized by paragraph (a) of this section, together with the names of eligibles described in § 332.322, and use these registers for certification to fill appropriate vacancies.
[35 FR 414, Jan. 13, 1970, as amended at 41 FR 22549, June 4, 1976]
### §59u. Lawyer's Ditch, Essex County, New Jersey

The body of water known as Lawyer's Ditch located at block 5,000 in the city of Newark, county of Essex, New Jersey, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).

(Pub. L. 99–307, §3, May 19, 1986, 100 Stat. 446.)

#### **Editorial Notes**

#### References in Text

The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
§ 316.905 Public notification. An agency must adhere to merit system principles and thus must provide public notification in a manner that recruits qualified individuals from appropriate sources in an endeavor to draw from all segments of society, before filling a position under the authority in this subpart. An agency may, but is not required to, use USAJOBS for this purpose. If the agency does not use USAJOBS to meet the requirements in this section, it must, at a minimum, publicly display information about the position to be filled on its public facing home page. An agency may, alternatively, provide an actual job announcement on its public facing home page or provide a link to the job announcement on its public facing home page. The agency should consider whether additional recruitment and advertisement activities are necessary or appropriate to further merit system principles. A job announcement must include, at a minimum, the following information: ( a ) The position title, series, grade level;
( b ) The geographic location where the position will be filled;
( c ) The starting salary of the position;
( d ) The minimum qualifications of the position;
( e ) Whether the individual in the position will be eligible for promotion to higher grade levels;
( f ) The time-limit applicable to the position, and in the case of a term appointment the vacancy announcement must state that the agency has the option of extending the term appointment up to the 4-year limit (if applicable);
( g ) The potential for conversion to the agency's permanent workforce;
( h ) Any other relevant information about the position such as telework opportunities, recruitment incentives, etc.; and
( i ) Specific information instructing applicants on how to apply for the position.
#### § 1201.91 Explanation.

An interlocutory appeal is an appeal to the Board of a ruling made by a judge during a proceeding. The judge may permit the appeal if he or she determines that the issue presented in it is of such importance to the proceeding that it requires the Board's immediate attention. Either party may make a motion for certification of an interlocutory appeal. In addition, the judge, on his or her own motion, may certify an interlocutory appeal to the Board. If the appeal is certified, the Board will decide the issue and the judge will act in accordance with the Board's decision.
# Fourth Court of Appeals

**San Antonio, Texas**

December 13, 2023

No. 04

- 23

- 00882

- CR

Wesley HENDERSON

, Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court

, Bexar County, Texas

Trial Court No. 2021CR4006

Honorable Kevin M. O ’ Connell , Judge Presiding

ORDER

In accordance with this court’s memorandum opinion of this date, this appeal is

DISMISSED FOR LACK OF JURISDICTION. Appellant’s motion for leave to file an out

- of

time notice of appeal is DENIED.

It is so ORDERED on D ecember 13, 2023

.

_____________________________ Irene Rios , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 13th day of December, 2023

.

_____________________________ Michael A. Cruz , Clerk of Court
§ 319.402 Scientific and professional positions. ( a ) ST positions are filled without competitive examination under 5 U.S.C. 3325.
( b ) ST positions are not subject to the citizenship requirements in 5 CFR part 338, subpart A. Agencies, however, must observe any restrictions on the employment of noncitizens in applicable appropriations acts.
( c ) ST employees acquire competitive status immediately upon appointment. They are not required to serve a probationary or trial period.
### §3504. NOAA joint ocean and coastal mapping centers

The Administrator may maintain and operate up to three joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this chapter, including—

(1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products;

(2) mapping of the United States Outer Continental Shelf and other regions;

(3) data processing for nontraditional data and uses;

(4) advancing the use of remote sensing and uncrewed technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; and

(5) providing graduate education and training in ocean and coastal mapping sciences for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel.

(Pub. L. 111–11, title XII, §12205, Mar. 30, 2009, 123 Stat. 1424; Pub. L. 117–263, div. J, title CIII, §10307(d)(1), (2), Dec. 23, 2022, 136 Stat. 3978.)

#### **Editorial Notes**

#### Amendments

2022—Pub. L. 117–263, §10307(d)(2), substituted "NOAA joint ocean and coastal mapping centers" for "Plan" in section catchline, redesignated subsec. (c) as entire section, struck out subsec. (c) heading "NOAA joint ocean and coastal mapping centers" before introductory provisions, and struck out subsecs. (a), (b), and (d) which related to development of a plan for an integrated ocean and coastal mapping initiative, requirements for the plan, and strategy for expanding contracting with non-governmental entities, respectively.

Subsec. (c). Pub. L. 117–263, §10307(d)(1), in subsec. (c) prior to its redesignation as entire section, substituted "three" for "3" in introductory provisions and inserted "and uncrewed" after "sensing" in par. (4).
#### § 4501.101 General.

In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Office of Personnel Management (OPM) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635. In addition to the regulations in 5 CFR part 2635 and this part, OPM employees are subject to the responsibilities and conduct regulations contained in 5 CFR parts 735 and 1001, the executive branch-wide financial disclosure regulations contained in 5 CFR part 2634, and the executive branch regulations regarding outside employment at 5 CFR part 2636.