alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10(T-2)

               AMENDMENTS TO 2003 MANAGEMENT STOCK INCENTIVE PLAN

                                 NEW SECTION 9A

   9A Vesting.  Notwithstanding  anything to the contrary herein (other than the
provisions of Section 10 hereof), no Award of Shares shall vest in full prior to
three years from the date of the grant thereof if a condition to such vesting is
based,  in whole or in part,  upon the passage of time, and if the vesting of an
Award of Shares is based, in whole or in part, upon performance of the Company's
Shares or any aspect of the  Company's  operations,  such  performance  shall be
measured over a period of no less than one year from the grant of such Award.

                             SECTION 14, AS AMENDED

   14. Amendments or Termination.  The Board may amend, alter or discontinue the
Plan, but no amendment, alteration or discontinuation shall be made, (a) without
the approval of the stockholders of the Company, if such action would (except as
is provided in Section 10 of the Plan),  (i) increase the total number of Shares
reserved for the  purposes of the Plan or increase the maximum  number of Shares
of Restricted Stock or Other Stock-Based  Awards that may be awarded  hereunder,
or the  maximum  number  of  Shares  for  which  Awards  may be  granted  to any
Participant or (ii) materially  modify  requirements  for  participation  in the
Plan,  (b) without the consent of a  Participant,  if such action would diminish
any of the rights of the Participant under any Award theretofore granted to such
Participant  under the Plan or (c) to Section  5(b),  relating to  repricing  of
Options or Stock Appreciation  Rights, to Section 6(a), relating to the exercise
price of stock  options,  or to  Section  9A,  relating  to vesting of Awards of
Shares; provided,  however, that the Committee may amend the Plan in such manner
as it deems necessary to permit the granting of Awards meeting the  requirements
of the Code or other applicable laws.
Exhibit 10.28

                                        April 27, 2004

CENTRAL GARDEN & PET COMPANY
3697 Mt. Diablo Blvd., Suite 310
Lafayette, CA 94549
Attn:  William E. Brown

      Re:   Amendment to Subordination Agreement dated as of October 29, 2003
            (the "Agreement") by and between Central Garden & Pet Company
            ("Central Garden") and CapitalSource Finance, LLC (the "Agent")

Dear Bill:

            Reference is hereby made to the Agreement. All capitalized terms
used herein without definition shall have the meanings ascribed to such terms in
the Agreement, as applicable.

            It is our understanding that Easy Gardener Products, Ltd. (the
"Borrower") desires to refinance certain indebtedness currently provided by
Foothill with indebtedness provided by LaSalle Business Credit, LLC which will
necessitate the amendment of the Agreement to correct certain references to
Foothill.

            The Agreement is hereby amended by deleting the definition of
"Foothill Intercreditor Agreement" in its entirety and substituting in lieu
thereof the following:

                  "LaSalle Intercreditor Agreement" shall mean that certain
            Subordination and Intercreditor Agreement dated as of April 27, 2004
            by and between CS and LaSalle Business Credit, LLC in connection
            with their loans to EGP.

            This letter agreement, together with the agreements, documents and
instruments contemplated hereby, (a) constitute the entire understanding of the
parties with respect to the subject matter hereof and thereof, and any other
prior or contemporaneous agreements, whether written or oral, with respect
hereto or thereto are expressly superseded hereby and thereby, (b) shall be
governed by and construed in accordance with the laws of the State of New York,
and (c) shall be binding upon and inure to the benefit of the successors and
assigns of the parties hereto.


<PAGE>

            Please indicate your consent to the terms and conditions of this
letter agreement by signature of your authorized officer in the space indicated
below.

      [Remainder of Page Intentionally Left Blank; Signature Page Follows]


                                      -2-
<PAGE>

Very truly yours,

CAPITALSOURCE FINANCE LLC,
as Agent and Lender


By:    /s/ Joseph Turitz
       -----------------
Name:  Joseph Turitz
       -------------
Title: General Counsel
       ---------------


ACKNOWLEDGED AND AGREED TO as of April 27, 2004.


CENTRAL GARDEN & PET COMPANY.


By:    /s/ Timothy Kane
       ----------------
Name:  Timothy Kane
       ------------
Title: Director of Tax and Assistant Secretary
       ---------------------------------------
§ 551.204 Nonexemption of certain employees. ( a ) Certain nonsupervisory white-collar employees are FLSA nonexempt (unless the employees are subject to § 551.211 (Effect of performing different work or duties for a temporary period of time on FLSA exemption status) or § 551.212 (Foreign exemption criteria)) because they do not fit any of the exemption categories. They include: ( 1 ) Employees in equipment operating and protective occupations, and most clerical occupations;
( 2 ) Employees performing technician work in positions properly classified below GS-9 (or the equivalent level in other white-collar pay systems) and many, but not all, of those positions properly classified at GS-9 or above (or the equivalent level in other white-collar pay systems); and
( 3 ) Employees at any grade, or equivalent level, in occupations requiring highly specialized, technical skills and knowledge that can be acquired only through prolonged job training and experience, such as in the Air Traffic Control series, or in the Aircraft Operations series unless such employees are performing predominantly administrative functions rather than the technical work of the occupation.
( b ) Nonsupervisory employees in the Federal Wage System or in other comparable wage systems are nonexempt, unless the employees are subject to § 551.211 (Effect of performing different work or duties for a temporary period of time on FLSA exemption status) or § 551.212 (Foreign exemption criteria).
#### Moses A. Wiener v. Louis Ross.

Motion denied, with ten dollars costs. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
#### § 339.206 Disqualification on the basis of medical history.

An employee or applicant may not be disqualified for any position solely on the basis of medical history. For positions subject to medical standards and/or physical requirements, and for positions under medical evaluation programs, a history of a particular medical condition may result in medical disqualification only if the condition at issue is itself disqualifying, recurrence of the condition is based on reasonable medical judgment, and the duties of the position are such that a recurrence of the condition would pose a significant risk of substantial harm to the health and safety of the applicant or employee or others that cannot be eliminated or reduced by reasonable accommodation or any other agency efforts to mitigate risk.
### §10134. Use of data

Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a manner that precludes their use for law enforcement or any purpose relating to a private person or public agency other than statistical or research purposes.

(Pub. L. 90–351, title I, §304, formerly §305, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1179; renumbered §304, Pub. L. 98–473, title II, §605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109–162, title XI, §1115(b), Jan. 5, 2006, 119 Stat. 3104.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3735 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 304 of Pub. L. 90–351, as added by Pub. L. 96–157, was classified to section 3734 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 98–473, title II, §605(c), Oct. 12, 1984, 98 Stat. 2080.

#### Amendments

2006—Pub. L. 109–162 substituted "private person or public agency" for "particular individual".
### §3562. Disposition of recovered funds

(a) Availability of Funds for Recovery Audits and Activities Program.—Funds collected under a program carried out by an executive agency under section 3352(i) of this title shall be available to the executive agency to reimburse the actual expenses incurred by the executive agency in the administration of the program.

[(b), (c). Repealed. Pub. L. 111–204, §2(h)(6)(A)(i), July 22, 2010, 124 Stat. 2231.]

(Added Pub. L. 107–107, div. A, title VIII, §831(a)(1), Dec. 28, 2001, 115 Stat. 1187; Pub. L. 111–204, §2(h)(6)(A), July 22, 2010, 124 Stat. 2231; Pub. L. 116–117, §3(b)(4), Mar. 2, 2020, 134 Stat. 134.)

#### **Editorial Notes**

#### Amendments

2020—Subsec. (a). Pub. L. 116–117 substituted "section 3352(i)" for "section 3561" and "agency to reimburse" for "agency for the following purposes: (1) To reimburse" and struck out par. (2) which read as follows: "To pay contractors for services under the program in accordance with the guidance issued under section 3561(c)(5) of this title."

2010—Pub. L. 111–204 repealed section but provided that subsec. (a) was to continue in effect, with certain exceptions related to programs carried out under section 3561 of this title. Prior to amendment, in addition to subsec. (a), section contained subsecs. (b) and (c) which related to treatment of funds not used for programs under section 3561 of this title and priority of other authorized dispositions, respectively.
CAUSE NO. 12-15-00048-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHASE ALLEN GILLIAM

, } APPEALED FROM 173RD DISTRICT COURT

APPELLANT

V. } IN AND FOR

THE STATE OF TEXAS, } HENDERSON COUNTY, TEXAS

APPELLEE

ORDER

Appellant is represented by Mr. Samuel M. Smith, appointed counsel. On February 26,

2015, this Court notified Appellant’s counsel that a Docketing Statement was to be filed and

gave him until March 9, 2015, to file it. T EX

. R. A PP

. P. 32.2. Thereafter, when no Docketing

Statement was filed, Appellant’s counsel was again notified on March 12, 2015, that the

Docketing Statement was past due and was given until March 23, 2015, to file a Docketing

Statement. As of the date of this Order, no satisfactory response has been received.

Pursuant to T EX

. R. A PP

. P. 32.2 it is ORDERED that the Honorable Mark A. Calhoon,

Judge of the 173rd District Court of Henderson County, shall immediately conduct a hearing to

determine the cause of counsel’s failure to file the Docketing Statement and whether the

Appellant has abandoned the appeal.

It is FURTHER ORDERED that the trial court determine whether: (1) Appellant is

indigent and entitled to the appointment of counsel on appeal; (2) Appellant has sufficient funds

to retain counsel; or (3) Appellant desires to represent himself on appeal.

It is ADDITIONALLY ORDERED that once findings are made as to the above issues,

the trial court shall appoint counsel, give Appellant an appropriate deadline for retaining counsel,

or administer the appropriate warnings concerning the dangers of self-representation, inaccordance with its findings and the court shall also take necessary action to insure the prompt

filing of the Docketing Statement with this Court.

It is FINALLY ORDERED that a supplemental record containing the court’s findings of

fact and conclusions of law and any appropriate order(s) attendant thereto be certified to this

Court on or before June 18, 2015

.

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12 th

Court of Appeals District of Texas, at Tyler.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT

, at my office this the

19th day of May 2015

, A.D.

CATHY S. LUSK, CLERK

12 TH COURT OF APPEALS

B y:

________________________________ Katrina McClenny, Chief Deputy Clerk
### §4232. Genius Prize for Save Our Seas Innovations

#### (a) In general

#### (1) In general

Not later than 1 year after December 18, 2020, the Secretary shall establish under section 3719 of title 15 a prize competition—

(A) to encourage technological innovation with the potential to reduce plastic waste, and associated and potential pollution, and thereby prevent marine debris; and

(B) to award 1 or more prizes biennially for projects that advance human understanding and innovation in removing and preventing plastic waste, in one of the categories described in paragraph (2).

#### (2) Categories for projects

The categories for projects are:

(A) Advancements in materials used in packaging and other products that, if such products enter the coastal or ocean environment, will fully degrade without harming the environment, wildlife, or human health.

(B) Innovations in production and packaging design that reduce the use of raw materials, increase recycled content, encourage reusability and recyclability, and promote a circular economy.

(C) Improvements in marine debris detection, monitoring, and cleanup technologies and processes.

(D) Improvements or improved strategies to increase solid waste collection, processing, sorting, recycling, or reuse.

(E) New designs or strategies to reduce overall packaging needs and promote reuse.

#### (b) Designation

The prize competition established under subsection (a) shall be known as the "Genius Prize for Save Our Seas Innovations".

#### (c) Prioritization

In selecting awards for the prize competition, priority shall be given to projects that—

(1) have a strategy, submitted with the application or proposal, to move the new technology, process, design, material, or other product supported by the prize to market-scale deployment;

(2) support the concept of a circular economy; and

(3) promote development of materials that—

(A) can fully degrade in the ocean without harming the environment, wildlife, or human health; and

(B) are to be used in fishing gear or other maritime products that have an increased likelihood of entering the coastal or ocean environment as unintentional waste.

(Pub. L. 116–224, title I, §122, Dec. 18, 2020, 134 Stat. 1081.)
Editorial Note on Part 352
Editorial Note: Nomenclature changes to part 352 appear at 69 FR 2050, Jan. 13, 2004.

§ 352.806 Return to Federal employment. ( a ) *Conditions:* Reemployment rights may be exercised only under the following conditions. The employees must apply in writing to their former or successor agency: ( 1 ) No less that 30 calendar days before completion of the specified period of service with the Institute; or
( 2 ) No more than 30 calendar days after involuntary separation from the Institute; or
( 3 ) No more than 30 calendar days after separation based on personal hardship or other special circumstances with the consent of Institute and former employing agency.
( b ) An agency must act on the former employee's request for reemployment within 30 calendar days of receipt thereof, *i.e.,* the agency must provide the employee with a written notice stating the agency's decision whether to reemploy and the position being offered, if the employee is to be reemployed.
( c ) *Termination of reemployment rights.* A former employee's entitlement to reemployment terminates for: ( 1 ) Failure to apply, except for good cause shown, for reemployment within the time limits stated in paragraph (a) of this section;
( 2 ) Resignation from the Institute without the consent of the Institute or the former employing agency; or
( 3 ) Failure to accept, within 15 workdays of receipt thereof, an offer of reemployment under § 352.803 which is determined to be a proper offer of reemployment by the employing agency and by Merit Systems Protection Board (MSPB), if appealed.
### §3043. Mandatory retirement for age

#### (a) Officers below grade of rear admiral (lower half)

Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired or separated (as specified in section 1251(e) of title 10) on the first day of the month following the month in which the officer becomes 62 years of age.

#### (b) Flag officers

Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.

(Pub. L. 107–372, title II, §243, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 117–263, div. K, title CXVII, §11705(b), Dec. 23, 2022, 136 Stat. 4157.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 853k of this title prior to repeal by Pub. L. 107–372.

#### Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted "be retired or separated (as specified in section 1251(e) of title 10)" for "be retired".

#### **Executive Documents**

#### Delegation of Functions

Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
#### § 332.321 Preference eligibles who resigned from competitive positions.

A qualified preference eligible who resigned without delinquency or misconduct from career or career-conditional employment is entitled to have his name reentered on each register on which his name formerly appeared (or on a successor register) if he applies within 90 days after separation.
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# SECY-05-0197 - Review of Operational Programs in a Combined License Application and Generic Emergency Planning Inspections, Tests, Analyses, and Acceptance Criteria

Accession Number: ML052770225

Date Released: Monday, November 14, 2005

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    - ML052770257 - SECY-05-0197 - Review of Operational Programs in a Combined License Application and Generic Emergency Planning Inspections, Tests, Analyses, and Acceptance Criteria (10 page(s), 10/28/2005)
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    - ML052770452 - SECY-05-0197 - Attachment 2 - Table 13.3-1, Emergency Planning, Inspections, Tests, Analyses, & Acceptance Criteria (EP ITAAC) (8 page(s), 10/28/2005)

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### §860. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499

Section, act May 18, 1920, ch. 190, §11 (words before the first semicolon), 41 Stat. 603, made pay and allowances of naval officers applicable to Coast and Geodetic Survey generally.
#### § 1601.11 Applicability.

This subpart applies only to the investment of future deposits to the TSP core funds, including contributions, loan payments, and rollovers from traditional IRAs and eligible employer plans; it does not apply to fund reallocations or fund transfers within the TSP core funds, which is covered in subpart C of this part, or fund transfers to and from the mutual fund window, which is covered in subpart F of this part.
#### § 610.403 Definitions.

In this subpart, *Agency, Credit Hours,* and *Employee* have the meaning given these terms in section 6121 of title 5, United States Code.

[58 FR 58262, Nov. 1, 1993]
#### Elizabeth Plohn, Appellant, v. Charles Plohn, Respondent.

Appeal from orders of the Supreme Court, Schenectady and Saratoga County Special Terms, which permitted the discontinuance of a divorce action upon terms and conditions. Plaintiff instituted an action for absolute divorce and was granted a counsel fee of $15,000, and temporary alimony at the rate of $750 a month. Thereafter she moved to discontinue this action and in its stead to commence an action for separation if she was so advised. Her motion to discontinue was granted upon these terms and conditions: “Plaintiff is ordered to restore and pay to the defendant Seven Thousand Five Hundred Dollars ($7,500) out of the Fifteen Thousand Dollars ($15,000) which she received to prosecute this action; also plaintiff shall pay all costs and taxable disbursements to date amounting to One Thousand One Hundred Fifty-Seven and 95/100 Dollars ($1,157.95), and in addition thereto the plaintiff shall pay to the Referee, Adrian P. Burke, appointed by this Court, his fees and disbursements which are fixed at the sum of $1,417.50”. We think the orders of discontinuance were improvidently granted and under the circumstances were contrary to sound judicial policy. It is quite clear from the facts before us that a very substantial part of the counsel fee has passed beyond the control of the plaintiff and that she is utterly unable to comply with the terms and conditions set forth in the last order appealed from. While ordinarily the right of a plaintiff to discontinue an action can hardly be disputed, we think this principle does not apply where a plaintiff has set in motion an action for divorce and obtained a very substantial counsel fee to prosecute the same. We are mindful that the plaintiff cannot be compelled to prosecute her divorce action to judgment and a refusal on her part to do so may result in a dismissal that may not be on the merits, but if she elects to permit a dismissal then she must take her chances as to whether or not she will obtain any counsel fees in a subsequent action for separation. Orders reversed on the law and facts, and motion to discontinue denied, without costs. Such reversal shall not be considered to mean that the defendant is required to pay accrued alimony as fixed by the order in the divorce action. The delay involved has been caused by a change of front on the part of the plaintiff and hence she should receive alimony only from and after the date of this decision. Foster, P. J., Bergan, "Coon, Halpern and Imrie, JJ., concur. [See 283 App. Div. 676.]