alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT (10)(iii)(28)

                                  AMENDMENT TO
                              CH ENERGY GROUP, INC.
                   LONG-TERM PERFORMANCE-BASED INCENTIVE PLAN

      WHEREAS, CH Energy Group, Inc. ("Energy Group") maintains the CH Energy
Group, Inc. Long-Term Performance-Based Incentive Plan (Effective as of January
1, 2000), as amended (the "Plan"); and

      WHEREAS, Energy Group desires to amend the Plan to modify the procedures
for deferring the receipt of Performance Units and Performance Shares.

      NOW, THEREFORE, Energy Group hereby amends the Plan as set forth below,
effective as of September 26, 2003.

1.    Sections 8(b)(iv) and (v) of the Plan are hereby amended in their entirety
      to read as follows:

      "(iv) A participant may elect to defer receipt of all or a specified
            percentage of the Performance Units payable under an Award (or an
            installment of an Award) pursuant to the terms of the CH Energy
            Group, Inc. Directors and Executives Deferred Compensation Plan or
            any other plan designated by the Committee.

      (v)   If and when any applicable Performance Goals are satisfied, payment
            in accordance with Section 8(b)(i) shall be made to the participant.
            To the extent any Performance Units are deferred pursuant to Section
            8(b)(iv), payment shall be made only in accordance with the terms of
            the CH Energy Group, Inc. Directors and Executives Deferred
            Compensation Plan or other plan under which such Performance Units
            have been deferred."

2.    Sections 9(b)(iv) and (v) of the Plan are hereby amended in their entirety
      to read as follows:

      "(iv) A participant may elect to defer receipt of all or a specified
            percentage of the Performance Shares payable under an Award (or an
            installment of an Award) pursuant to the terms of the CH Energy
            Group, Inc. Directors and Executives Deferred Compensation Plan or
            any other plan designated by the Committee.

      (v)   If and when any applicable Performance Goals are satisfied, payment
            in accordance with Section 9(b)(i) shall be made to the participant.
            To the extent any Performance Shares are deferred pursuant to
            Section 9(b)(iv), payment shall be made only in accordance with the
            terms of the CH Energy Group, Inc. Directors and Executives Deferred
            Compensation Plan or other plan under which such Performance Shares
            have been deferred."
<PAGE>

                                                           EXHIBIT (10)(iii)(28)

      Pursuant to authorization of the Board of Directors of Energy Group
granted on September 26, 2003, I have executed this Amendment this 24th day of
October, 2003.


                                    /s/ Steven V. Lant
                                    --------------------------------------
                                    Steven V. Lant
                                    President & Chief Executive Officer
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19E0021. THOMAS EDWARD MATTIMOE v. KATHRYN D. MATTIMOE.

The Plaintiff/Appellant in the above-styled case has filed a Rule (40)b

Emergency Motion For Extension Of Time. Said Motion is hereby GRANTED. 

Plaintiff/Appellant's application for discretionary appeal is due on Friday, December

28, 2018.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

November 26, 2018

11/26/2018
**Exhibit 32.1**

 

### **Certification of Chief Executive Officer**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Conceptus, Inc., a Delaware corporation (the “Company”)hereby certifies, to such officer’s knowledge, that:

 

(i)            theaccompanying Quarterly Report on Form 10-Q of the Company for the three monthsended March 31, 2005 (the “Report”) fully complies with the requirementsof Section 13(a) or Section 15(d), as applicable, of the Securities ExchangeAct of 1934, as amended; and

 

(ii)           theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Date: May 9, 2005 |   | /s/ Mark M. Sieczkarek  |   |
|-------------------|--------|-------------------------|--------|
|              |   | Mark M. Sieczkarek      |
|              |   | Chief Executive Officer |

 

----

 

**Certification of Chief Financial Officer**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Conceptus, Inc., a Delaware corporation (the “Company”)hereby certifies, to such officer’s knowledge, that:

 

(i)            theaccompanying Quarterly Report on Form 10-Q of the Company for the three monthsended March 31, 2005 (the “Report”) fully complies with the requirementsof Section 13(a) or Section 15(d), as applicable, of the Securities ExchangeAct of 1934, as amended; and

 

(ii)           theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Date: May 9,  2005 |   | /s/ Gregory E.  Lichtwardt                                      |   |
|--------------------|--------|-----------------------------------------------------------------|--------|
|               |   | Gregory E. Lichtwardt                                           |
|               |   | Executive Vice President, Treasurer and Chief Financial Officer |

 

----
Exhibit 32.1

Certification of Chief Executive Officer

Pursuant to 18 U.S.C. ss. 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of FIRST ADVANTAGE CORPORATION (the Company) hereby certifies, to such officers knowledge, that:

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period ended March 31, 2007 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(ii) the information contained in the Report fairly presents,
in all material respects, the financial condition and results of operations of the Company.

A signed original of this statement has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



|                  |  |                        
|----------------- |  | -----------------------
|Date: May 3, 2007 |  | /s/ ANAND NALLATHAMBI  
|                  |  | Anand Nallathambi      
|                  |  | Chief Executive Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. ss. 1350, and
is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
### §701b–5. Omitted

#### **Editorial Notes**

#### Codification

Section, act Mar. 31, 1945, ch. 45, §1, 59 Stat. 41, relating to appropriations subject to priority restrictions, was from the War Department Civil Appropriation Act, 1946, and was not repeated in subsequent appropriation acts.
### SUBCHAPTER IV—ABANDONED MINE RECLAMATIONS
#### David Branderbit, Appellant, v. Hamburg-American Line, Respondent.

No opinion. Present—Hagarty, Carswell, Johnston, Adel and Taylor, JJ.
§ 550.172 Relation to overtime, night, and holiday pay. ( a ) Premium pay for Sunday work is in addition to premium pay for holiday work, overtime pay, or night pay differential payable under this subpart and is not included in the rate of basic pay used to compute the pay for holiday work, overtime pay, or night pay differential.
( b ) For a Border Patrol agent covered by 5 U.S.C. 5550 and subpart P of this part, no Sunday premium pay is payable for regularly scheduled overtime hours within the agent's regular tour of duty, as required by 5 U.S.C. 5550(b)(2)(C), (b)(3)(C), and (c)(1)(A). The overtime supplement payable for such scheduled overtime hours is not part of the agent's rate of basic pay used in computing the Sunday premium pay for other hours that qualify for such premium pay.
[33 FR 12458, Sept. 4, 1968, as amended at 80 FR 58111, Sept. 25, 2015]
§ 1631.33 Factors the General Counsel will consider. ( a ) The General Counsel, in his or her sole discretion, may grant an employee permission to testify on matters relating to official information, or produce official records and information, in response to an appropriate demand or request. Among the relevant factors that the General Counsel may consider in making this decision are whether: ( 1 ) Allowing such testimony or production of records would assist or hinder the Board in performing its statutory duties or use Board resources in a way that will interfere with the ability of Board employees to do their regular work;
( 2 ) Allowing such testimony or production of records would be in the best interest of Thrift Savings Plan participants and beneficiaries;
( 3 ) The records or testimony can be obtained from other sources;
( 4 ) The Board has an interest in the decision that may be rendered in the legal proceeding;
( 5 ) The demand improperly seeks to compel a Board employee to serve as an expert witness for a private interest;
( 6 ) The demand improperly seeks to compel a Board employee to testify as to a matter of law;
( 7 ) Disclosure would result in the Board appearing to favor one private litigant over another private litigant;
( 8 ) Disclosure relates to documents that were produced by another government agency; and
( 9 ) The demand or request is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand or request arose.
( b ) The factors listed in paragraph (a) of this section are illustrative and not exhaustive.
Exhibit 31.2

CERTIFICATION

I,
Sheamus Toal, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of New York & Company, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



|                    |  |                                                                                   
|------------------- |  | ----------------------------------------------------------------------------------
|Date: June 11, 2009 |  | /s/ SHEAMUS TOAL Sheamus Toal Executive Vice President and Chief Financial Officer

---
§ 4501.102 Examination information. ( a ) An employee of OPM who takes part in the construction of written tests or any other assessment device, has access to such material, or is involved in the examination rating process, shall notify his supervisor, in writing, when he intends to file for a competitive examination, an internal competitive examination, or an Armed Services entrance examination. The employee also must give such notice if he knows that his spouse, minor child, or business general partner intends to take any of these examinations.
( b ) The employee's supervisor or other appropriate authority will arrange the employee's duty assignments to prevent his contact with materials related to the examination or examinations that will be taken. If the test material involved in the forthcoming examination has already been exposed to the employee, arrangements will be made for the employee or other person concerned to be given an alternate test.
( c ) The employee's supervisor is responsible for seeing that notifications given by employees under this section are transmitted promptly to the Test Security Officer in OPM's Employment Service.
<PAGE>   1


                                                                 EXHIBIT 20.2




                         REPORT OF INDEPENDENT AUDITORS


Board of Directors
WFS Financial Inc


We have audited, in accordance with generally accepted auditing standards, the
consolidated statement of financial condition of WFS Financial Inc and
Subsidiaries (WFS) as of December 31, 1997 and the related consolidated
statements of income, shareholders' equity and cash flows for the year then
ended, and have issued our report thereon dated February 9, 1998.

In connection with our audit nothing came to our attention that caused us to
believe that WFS failed to in all material aspects comply with the terms,
covenants, provisions or conditions of either the Sale and Servicing Agreements
for the WFS Financial Auto Loans, Inc. dated March 1, 1996, June 1, 1996,
September 1, 1996, December 1, 1996, March 1, 1997, June 1, 1997, September 1,
1997, or December 1, 1997 between Bankers Trust Company, Chase Manhattan Bank,
and WFS insofar as they relate to accounting and auditing matters. However, it
should be noted that our audit was not directed primarily toward obtaining a
knowledge of noncompliance.

This report is intended for the use and information of the Board of Directors,
management, Bankers Trust Company, and Chase Manhattan Bank and should not be
used for any other purposes.


                                              /s/ ERNST & YOUNG LLP


February 9, 1998
99–008

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–228

PROVIDING FOR CONSIDERATION OF H.R. 2883, INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002

OCTOBER 3, 2001.—Referred to the House Calendar and ordered to be printed

Mr. GOSS, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 252]

The Committee on Rules, having had under consideration House

Resolution 252, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 2883, the

Intelligence Authorization Act for Fiscal Year 2002, under a modified open rule. The rule provides one hour of general debate equally

divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence.

The rule waives points of order against consideration of the bill

for failure to comply with clause 3(c) of rule XIII. The waiver of

clause 3(c) of rule XIII is necessary because the committee report

does not include a statement of general performance goals and objectives for which the measure authorizes funding.

The rule provides that it shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill.

The rule also provides that the amendment in the nature of a

substitute shall be considered by title for amendment and that

each title shall be considered as read. The rule waives points of

order against the committee amendment in the nature of a substitute for failure to comply with clause 7 of rule XVI (prohibiting

nongermane amendments). The rule further provides for the consideration of only pro forma amendments for the purpose of debate

and those amendments printed in the Congressional Record prior

to their consideration, which may be offered only by the Member

who caused it to be printed or his designee, and shall be considered

as read.

2

Finally, the rule provides one motion to recommit with or without instructions.

Æ
###### Editorial Note on Part 351

#### Editorial Note:

Nomenclature changes to part 351 appear at 78 FR 62418, Oct. 22, 2013.

###### Editorial Note on Part 351

#### Editorial Note:

Nomenclature changes to part 351 appear at 89 FR 20832, Mar. 25, 2024.

#### § 351.220 Countervailing duty review at the direction of the President under section 762 of the Act.

At the direction of the President or a designee, the Secretary will conduct a review under section 762(a)(1) of the Act to determine if a countervailable subsidy is being provided with respect to merchandise subject to an understanding or other kind of quantitative restriction agreement accepted under section 704(a)(2) or section 704(c)(3) of the Act. The Secretary will conduct a review under this section in accordance with § 351.221. If the Secretary's final results of review under this section and the Commission's final results of review under section 762(a)(2) of the Act are both affirmative, the Secretary will issue a countervailing duty order and order suspension of liquidation in accordance with section 762(b) of the Act.
### §437g. Transferred

#### **Editorial Notes**

#### Codification

Section 437g was editorially reclassified as section 30109 of Title 52, Voting and Elections.
Exhibit 31.2

                                 CERTIFICATIONS

I, Keith E. Palmer, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of American Bio Medica
Corporation;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

b) [omitted]; and

c) evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

d) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting; and


/s/ Keith E. Palmer
-------------------
Chief Financial Officer & Executive Vice President

Date:  November 8, 2005
# o/i/z c M£L.tG<yf>'rMiRS^"' ' '^OPJAW H

Marc h 23,201 0 Civi c Helicopter s i s requestin g aDru g Testin g Progra mexemptio n require dunde r Sec . 91.14 7 i n tha t

Civi c Helicopter s alread y ha s a n approve ddru g testin g progra munde r FA RPart 135 . Civi c Helicopters , Inc . operat e unde r th e certificat e DCOA715B , locate da t 220 6 Palojnai

L Airport Road , Carlsbad , C A 92011 . Th e complet e contac t informatio n i s a t

th e foo t o f thi s letter . Civi c Helicopte r

i s reques t

an exemptio n fromSec . 91.14 7 o f th e require ddru g tes t program . Civi c Helicopte r

i s requestin g acomplet e relie f o f thi s 91.14 7 dru g tes t

requirement . Civi c Helicopter s ahead y ha s aFA A approve ddru g tes t progra mi n plac e unde r

Part 13 5 operation . Th e pilo t

i s th e sam e pilo t

wh o wil l b e performin g th e servic e unde r both Part 13 5 an dSec . 91.14 7 programs . Civi c Helicopter s Inc . i s aCaliforni aregistere dcompan y holdin g ou t t o th e publi c a s th e FA A certifie dnonschedule dpubli c ai r carrie r whic h wil l b e benefite db y no t duplicat e th e sam e progra mtwic e for th e sam e purpos e unde r

th e cos t reductio n ac t

establishe di n th e compan y preferre dbusines s operatio n practices . Th e grantin g o f

dru g testin g exemptio n unde r Sec . 91.14 7 wil l no t

affec t th e safet y requiremen t

establishe db y FA A sinc e th e sam e require ddru g testin g progra mha s alread y bee n implemente db y Civi c Helicopter s unde r FA RPart

13 5 program . In^ummaty^-CivicJIelicQpter s i£ceivedJEAA-EartI3 5 certificadon-in4Ji&7-an dha s bee n operatin g successfull y with th e require ddru g testin g progra mi n plac e withou t asingl e positiv e test . Therefore , Civi c Helicopter s i s requestin g a n exemptio n unde r Sec . 91.14 7 o f th e dru g testin g requiremen t sinc e th e sam e pilo t

wil l b e operatin g unde r

both programs ; asingl e testin g progra mwoul di n fac t satisf y bot h programs . Respectfully , Chin^T u Pre^dpr W Helicopters , Inc .

220 6 PALOMA RAIRPOR T RD , SUIT E H , CARLSBAD , C A 9201 1

TE L760-438-842 4 FA X 760-438-045 1 WWW.CIVICHELIC0PTERS.CO M
#### § 2416.101 Purpose.

The purpose of this regulation is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of disability in programs or activities conducted by Executive agencies or the United States Postal Service.

[74 FR 51742, Oct. 8, 2009]