alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
mgcn10ksb103103ex101a


    


    
      Exhibit 10.1(a)
    


    DAVID L. KAHN

     ATTORNEY AT LAW

     535 N. Hayworth Ave., #301

     Los Angeles, CA 90048

     Telephone: (323) 658-6771

     Fax: (323) 651-5569


    February 11, 2004


    Mr. Alan Atlas

     Corporate Counsel

     La Jolla Cove Investors, Inc. ("La Jolla")

     7817 Herschel Avenue, Suite 200

     La Jolla, CA 92037

     By Fax: (858) 551-8779


    Re: Clarification Letter to your October 20, 2003 Warrant to Purchase Common Stock of Magic Media Networks, Inc. ("Warrant”)


    Dear Mr. Atlas:


    This is to confirm our understanding that, notwithstanding anything in the Warrant to the contrary, if, and to the extent that, La Jolla's holdings of the common stock of Magic would result in La Jolla becoming subject to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended, by virtue of being the "beneficial owner" of more than ten percent (10%) of the then outstanding shares of Magic's common stock, then La Jolla shall not have the right, and Magic shall not have the obligation, to exercise any portion of such stock options as shall cause La Jolla to be deemed the "beneficial owner" of more than (9.9%) of the then outstanding shares of Magic's common stock.


    If the foregoing clarification letter accurately states La Jolla's agreement with Magic as to La Jolla's Warrant rights, please sign and fax back to me a copy of this clarification letter.


    Very truly yours,


    David L. Kahn


    Agreed to and accepted this ______ day of February, 2004:


    La Jolla Cove Investors, Inc.


    By Alan L. Atlas, Corporate Counsel

    


    cc: Mr. Scott Venters
§ 1216.203 Filing requirements for litigants seeking documents or testimony. A litigant must comply with the following requirements when filing a request for official records and information or testimony under this part. A request should be filed before a demand. ( a ) The request must be in writing and must be submitted to the Clerk of the Board who will immediately forward the request to the General Counsel.
( b ) The written request must contain the following information: ( 1 ) The caption of the legal proceeding, docket number, and name and address of the court or other authority involved;
( 2 ) A copy of the complaint or equivalent document setting forth the assertions in the case and any other pleading or document necessary to show relevance;
( 3 ) A list of categories of records sought, a detailed description of how the information sought is relevant to the issues in the legal proceeding, and a specific description of the substance of the testimony or records sought;
( 4 ) A statement as to how the need for the information outweighs any need to maintain the confidentiality of the information and outweighs the burden on the MSPB to produce the records or provide testimony;
( 5 ) A statement indicating that the information sought is not available from another source, from other persons or entities, or from the testimony of someone other than an MSPB employee, such as a retained expert;
( 6 ) If testimony is requested, the intended use of the testimony, and a showing that no document could be provided and used in lieu of testimony;
( 7 ) A description of all prior decisions, orders, or pending motions in the case that bear upon the relevance of the requested records or testimony;
( 8 ) The name, address, and telephone number of counsel to each party in the case; and
( 9 ) An estimate of the amount of time that the requester and other parties will require for each MSPB employee for time spent by the employee to prepare for testimony, in travel, and for attendance in the legal proceeding.
( c ) The MSPB reserves the right to require additional information to complete the request where appropriate.
( d ) The request should be submitted at least 30 days before the date that records or testimony is required. Requests submitted in less than 30 days before records or testimony is required must be accompanied by a written explanation stating the reasons for the late request and the reasons for expedited processing.
( e ) Failure to cooperate in good faith to enable the General Counsel to make an informed decision may serve as the basis for a determination not to comply with the request.
( f ) The request should state that the requester will provide a copy of the MSPB employee's statement free of charge and that the requester will permit the MSPB to have a representative present during the employee's testimony.
Exhibit 4.1

February 19, 2004

Securities and Exchange Commission
450 Fifth Street, N.W.
Judiciary Plaza
Washington, DC 20549

RE:   Carnival Corporation,
      Commission File No. 1-9610, and Carnival plc, Commission File No. 1-15136

Gentlemen:

Pursuant to Item 601(b)(4)(iii) of Regulation S-K promulgated under the
Securities Exchange Act of 1934, as amended, Carnival Corporation and Carnival
plc (the "Companies") hereby agree to furnish copies of certain long-term debt
instruments to the Securities and Exchange Commission upon the request of the
Commission, and, in accordance with such regulation, such instruments are not
being filed as part of the joint Annual Report on Form 10-K of the Companies for
their year ended November 30, 2003.

Very truly yours,

CARNIVAL CORPORATION AND CARNIVAL PLC


/s/ Arnaldo Perez

Senior Vice President, General Counsel
  and Secretary


                                       43
#### § 551.214 Statutory exclusion.

A customs officer who receives overtime pay under subsection (a) or premium pay under subsection (b) of 19 U.S.C. 267 and under 19 CFR 24.16 for time worked may not receive pay or other compensation for that work under any other provision of law.
#### § 531.201 Purpose.

This subpart contains regulations of the Office of Personnel Management (OPM) implementing 5 U.S.C 5332, 5333, and 5334, which deal with setting and adjusting rates of basic pay for General Schedule (GS) employees. These regulations are supplemented by regulations on GS within-grade increases in subpart D of this part; GS quality step increases in subpart E of this part; locality rates in subpart F of this part; special rates in 5 CFR part 530, subpart C; and grade and pay retention in 5 CFR part 536.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DECEMBER 31,
1999 ANNUAL REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           3,302
<SECURITIES>                                   162,682
<RECEIVABLES>                                    1,148
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 4,462
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 167,144
<CURRENT-LIABILITIES>                          150,589
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        18,865
<OTHER-SE>                                     (2,351)
<TOTAL-LIABILITY-AND-EQUITY>                   167,144
<SALES>                                              0
<TOTAL-REVENUES>                                 9,501
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   400
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,892
<INCOME-PRETAX>                                  1,209
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,209
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,209
<EPS-BASIC>                                       0.53
<EPS-DILUTED>                                     0.53


</TABLE>
#### § 534.602 Definitions.

*Administrative appeals judge position* means a position not classified above GS-15 under 5 U.S.C. 5108 and for which the duties primarily involve reviewing decisions of administrative law judges appointed under 5 U.S.C. 3105 and rendering final administrative decisions.

*Administrative law judge* means an individual in an *administrative law judge* position as that term is defined in section 930.202 of this chapter.

*Agency* means an *Executive agency,* as defined in 5 U.S.C. 105, excluding the U.S. General Accounting Office.

*Head of an agency* means the head of an Executive agency or an official who has been delegated the authority to act for the head of the agency in the matter concerned.
#### Ralph F. Martin and William E. Johnson, Copartners, etc., Respondents, v. The Bay Dredging and Contracting Company, Appellant.

Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiffs stipulate to reduce the verdict to the sum of $3,381.98, in which event the judgment as modified, and the order, are unanimously affirmed, without costs. No opinion. Jenks, P. J., Burr, Rich, Stapleton and .Putnam, JJ., concurred.
#### § 2415.1 Employee responsibilities and conduct.

The Federal Labor Relations Authority, the General Counsel of the Federal Labor Relations Authority and the Federal Service Impasses Panel, respectively, hereby adopt the rules and regulations contained in parts 735, 2634, 2635, and 2637 of title 5 of the Code of Federal Regulations, prescribing standards of conduct and responsibilities, and governing statements reporting employment and financial interests for officers and employees, including special Government employees, for application, as appropriate, to the officers and employees, including special Government employees, of the Authority, the General Counsel and the Panel.

[74 FR 51742, Oct. 8, 2009]
§ 550.105 Biweekly maximum earnings limitation. ( a ) Except as provided in paragraph (c) of this section, an employee may receive premium pay under this subpart only to the extent that the payment does not cause the total of his or her basic pay and premium pay for any biweekly pay period to exceed the greater of— ( 1 ) The maximum biweekly rate of basic pay payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law); or
( 2 ) The biweekly rate payable for level V of the Executive Schedule.
( b ) In applying the biweekly limitation under this section, premium pay of the types listed in § 550.107(a) must be paid before paying any other type of premium pay.
( c ) This section does not apply to— ( 1 ) Any pay period during which an employee is subject to an annual limitation as provided in § 550.106;
( 2 ) An employee of the Federal Aviation Administration or the Department of Defense who receives premium pay under 5 U.S.C. 5546a.
( d ) The biweekly rates of pay for the GS-15 maximum rate and for level V of the Executive Schedule are computed as follows: ( 1 ) Compute an hourly rate by dividing the applicable published annual rate of basic pay by 2,087 hours and rounding the result to the nearest cent.
( 2 ) Compute the biweekly rate by multiplying the hourly rate from paragraph (d)(1) of this section by 80 hours.
( e ) Notwithstanding any other provision in this section, premium pay for protective services authorized by 18 U.S.C. 3056(a) is subject to the requirements in section 118 of the Treasury and General Government Appropriations Act of 2001 (as enacted into law by section 1(3) of Public Law 106-554).
[67 FR 19320, Apr. 19, 2002, as amended at 69 FR 55942, Sept. 17, 2004]
§ 410.310 Computing time in training. For the purpose of computing time in training for continued service agreements under section 4108 of title 5, United States Code: ( a ) An employee on an 8-hour day work schedule assigned to training is counted as being in training for the same number of hours he or she is in pay status during the training assignment. If the employee is not in pay status during the training, the employee is counted as being in training for the number of hours he or she is granted leave without pay for the purpose of the training.
( b ) For an employee on an alternative work schedule, the agency is responsible for determining the number of hours the employee is in pay status during the training assignment. If the employee is not in pay status during the training, the employee is counted as being in training for the number of hours he or she is granted leave without pay for the purpose of the training.
( c ) An employee on an 8-hour or an alternative work schedule assigned to training on less than a full-time basis is counted as being in training for the number of hours he or she spends in class, in formal computer-based training, in satellite training, in formal self-study programs, or with the training instructor, unless a different method is determined by the agency.
( d ) When an employee is pursuing an academic degree through an agency academic degree training program, an agency may compute the length of the academic degree training period based on the academic institution's established contact hours.
[61 FR 66193, Dec. 17, 1996, as amended at 69 FR 33277, June 15, 2004]
§ 294.106 Handbook of Publications, Periodicals, and OPM Issuances. ( a ) ( 1 ) Annually, OPM publishes OPM-AG-PSD-01, “Handbook of Publications, Periodicals, and Issuances,” and accompanying addendum. This handbook and addendum lists material published and offered for sale are available for public inspection or copying. Unless the material is published and offered for sale, OPM makes available for public inspection and copying: ( i ) Final opinions made by OPM in the adjudication of cases;
( ii ) OPM policy statements and interpretations adopted by OPM but not published in the Federal Register; and
( iii ) OPM administrative staff manuals and instructions that affect a member of the public.
( 2 ) To the extent required to prevent a clearly unwarranted invasion of personal privacy, OPM may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction.
( b ) A copy of this handbook and addendum is available at no cost from the—Publishing Management Branch, Office of Personnel Management, room B464, 1900 E Street, NW., Washington, DC 20415-0001.
( c ) OPM indexes material in this handbook and addendum format for the convenience of the public. Indexing does not constitute a determination that all of the material listed is within the category that is required to be indexed by 5 U.S.C. 552(a)(2). Most of OPM's publications may be found in OPM's Library in room 5H27 at the address listed in paragraph (b) of this section.
( d ) As provided by 5 U.S.C. 552(a)(2), OPM has determined that it is unnecessary and impractical to publish the “Handbook of Publications, Periodicals, and Issuances” and addendum more frequently than annually because of the small number of revisions that occur.
[57 FR 32150, July 21, 1992, as amended at 66 FR 66710, Dec. 27, 2001]
### §1364. Emergency powers

#### (a) Emergency powers

Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.

#### (b) Repealed. Pub. L. 96–510, title III, §304(a), Dec. 11, 1980, 94 Stat. 2809

(June 30, 1948, ch. 758, title V, §504, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 95–217, §69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96–510, title III, §304(a), Dec. 11, 1980, 94 Stat. 2809.)

#### **Editorial Notes**

#### Amendments

1980—Subsec. (b). Pub. L. 96–510 struck out subsec. (b) which related to emergency assistance, establishment of an emergency fund, and preparation of a contingency plan for such emergencies.

1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsec. (b).

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

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–510 effective Dec. 11, 1980, see section 9652 of Title 42, The Public Health and Welfare.
§ 532.255 Regular appropriated fund wage schedules in foreign areas. ( a ) The Department of Defense shall establish and issue regular appropriated fund wage schedules for U.S. citizens who are employees in foreign areas. These wage schedules shall provide rates of pay for nonsupervisory, leader, supervisory, and production facilitating employees.
( b ) Schedules shall be— ( 1 ) Computed on the basis of a simple average of all regular appropriated fund wage area schedules in effect on December 31; and
( 2 ) Effective on the first day of the first pay period that begins on or after January 1 of the succeeding year.
( c ) Step 2 rates for each nonsupervisory grade shall be derived by computing a simple average of each step 2 rate for each of the 15 grades of all nonsupervisory wage rate schedules designated in paragraph (b) of this section.
( d ) Through the use of the step 2 rates derived under the schedule averaging process, the step rates for each of the 15 grades of the nonsupervisory schedule and all scheduled pay rates for leaders and supervisors shall be developed by using the standard formulas established in 5 CFR 532.203, Structure of regular wage schedules.
( e ) Pay schedules for production facilitating positions shall be established in accordance with the table in § 532.263(c) of this subpart.
[50 FR 38634, Sept. 24, 1985, as amended at 51 FR 28799, Aug. 12, 1986; 51 FR 39853, Nov. 3, 1986; 54 FR 52011, Dec. 20, 1989. Redesignated and amended at 55 FR 46141, Nov. 1, 1990; 58 FR 13194, Mar. 10, 1993]
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<ARTICLE> 5
       
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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
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<SECURITIES>                                         0
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<EPS-PRIMARY>                                        0<F1>
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<FN>
<F1>Not presented, as all shares of common stock are held
by a sole shareholder.
</FN>
        

</TABLE>
Exhibit 99.3
Chief Executive Officer Certification (Section 906)


                            CERTIFICATION PURSUANT TO
                             18U.S.C.,SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



         Pursuant to 18 U.S.C.  Section 1350 (as adopted pursuant to Section 906
of the  Sarbanes-Oxley  Act of 2002), I, the undersigned Chief Executive Officer
of Zkid Network Company, (the "Company"), hereby certify that, to the best of my
knowledge,  the Annual Report on Form 10-KSB of the Company for the period ended
December 31, 2002 (the "Report") fully complies with the requirements of section
13(a) or  15(d)  of the  Securities  Exchange  Act of 1934 and that  information
contained in the Report fairly presents, in all material respects, the financial
condition  and results of operation of the  Company.  A signed  original of this
written  statement  required by Section 906 has been provided to the  registrant
and  will  be  retained  by it and  furnished  to the  Securities  and  Exchange
Commission or its staff upon request.


Dated April ___, 2003.                          /s/ Jon Darmstadter
                                                -----------------------
                                                Chief Executive Officer








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