alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10_2.htm








Exhibit 10.2


 


AMENDMENT #1 TO EMPLOYMENT AGREEMENT









ePlus inc. (the “Company”), a Delaware corporation, and Bruce M. Bowen (the “Executive”) (collectively, “the Parties”) have previously entered into an Employment Agreement (the “Agreement”), effective September 30, 2009.  The Parties hereby agree to this Amendment #1 (“Amendment #1”)







1.           Paragraph 2(b) of the Agreement shall be replaced in its entirety with the following:







(b) “Employment Term” shall be the period from the date of the last signature below through and including September 30, 2011.







2.           The last sentence of Section 5(b) shall be replaced with the following:







In no event will any bonus earned under this Section 5(b) be paid later than the next December 31st following the fiscal year in which the bonus was earned, unless calculation of the bonus is not administratively practicable by that date, and further delay would not violate Code Section 409A.







3.           Subsection 7(c)(5) shall be added which reads as follows:







              (5)           Any release and certification required from the Executive under the first paragraph of this Section 7(c) shall be on the form attached as Exhibit 1 unless the Company has provided Executive a different form on or before his termination of employment.  The applicable release and certification must be signed and returned by Executive to the Company within twenty one (21) days of the date of termination of employment and not revoked in order for Executive to be entitled to payments under Section 7(c).  Except as provided by subsection 7(c)(4), provided the requirements of this subsection are met, any lump sum payment due Executive under subsection 7(c)(1), (2),  or (3) shall be paid on the last day of the thirty (30) day, sixty (60) day or other applicable period in which the Company may make such payment in compliance with the applicable provision.







4.           Sample Release and Certification







The Sample Release included as Exhibit 1 to the Agreement shall be amended to include the following as the penultimate sentence:







Employee hereby certifies he has complied with Sections 8, 9, 10, 11 and 12 of his Employment Agreement (confidentiality, intellectual property, non-compete, non-solicit, conflict of interest and return of property provisions).







No other provision of the Agreement is affected by this Amendment #1.


 





	 	 	 	 
	
/s/ Phillip G. Norton 

	  	
/s/ Bruce M. Bowen

	  
	
Phillip G. Norton

	  	
Bruce M. Bowen

	  
	
Chief Executive Officer

	  	
Director & Executive Vice President

	  
	
Date: September 16, 2010

	  	
Date: September 14, 2010
### §5197g. Federal Bureau of Investigation

Nothing in this subchapter shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any persons other than personnel of the Federal Bureau of Investigation.

(Pub. L. 93–288, title VI, §628, as added Pub. L. 103–337, div. C, title XXXIV, §3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 2263 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, §3412(a).
#### § 232.01 Purpose.

The purpose of the regulations in this part is to prescribe the procedures and standard terms and conditions applicable to loan guarantees issued for the benefit of the Borrower, pursuant to Title Ill of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012, Division I, Public Law 112-74. The loan guarantees will be issued as provided herein pursuant to the Loan Guarantee Agreement, dated June 8, 2012, between the Republic of Tunisia and the United States of America (the “Loan Guarantee Agreement”) and will apply to sums borrowed during a period beginning on the date that the Loan Guarantee Agreement enters into force and ending one year after such date, in such amount and on such terms as may be determined by USAID, such determination to be conclusive. The loan guarantees shall insure the Borrower's repayment of 100% of principal and interest due under such loans. The full faith and credit of the United States of America is pledged for the full payment and performance of such guarantee obligations.
### §4627. State required to furnish real property incident to Federal assistance (local cooperation)

Whenever real property is acquired by a State agency and furnished as a required contribution incident to a Federal program or project, the Federal agency having authority over the program or project may not accept such property unless such State agency has made all payments and provided all assistance and assurances, as are required of a State agency by sections 4630 and 4655 of this title. Such State agency shall pay the cost of such requirements in the same manner and to the same extent as the real property acquired for such project, except that in the case of any real property acquisition or displacement occurring prior to July 1, 1972, such Federal agency shall pay 100 per centum of the first $25,000 of the cost of providing such payments and assistance.

(Pub. L. 91–646, title II, §207, Jan. 2, 1971, 84 Stat. 1898.)
#### § 232.16 Governing law.

This Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United States Government.
§ 96.4 Designation of accrediting entities by the Secretary. ( a ) The Secretary, in the Secretary's discretion, will designate one or more entities that meet the criteria set forth in § 96.5 to perform the accreditation and/or approval functions. Each accrediting entity's designation will be set forth in an agreement between the Secretary and the accrediting entity. The agreement will govern the accrediting entity's operations. The agreements will be published in the Federal Register.
( b ) The Secretary's designation may authorize an accrediting entity to accredit agencies, to approve persons, or to both accredit agencies and approve persons. The designation may also limit the accrediting entity's geographic jurisdiction or impose other limits on the entity's jurisdiction.
( c ) A public entity may only be designated to accredit agencies and approve persons that are located in the public entity's State.
[71 FR 8131, Feb. 15, 2006, as amended at 79 FR 40633, July 14, 2014]
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

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THOMAS M. HERLIHY (SBN 83615)

JOHN T. BURNITE (SBN 162223)

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

525 Market Street, 17

th

Floor

San Francisco, CA 94105-2725

Tel.: (415) 433-0990

Fax: (415) 434-1370

Email: herlihy@wilsonelser.com

john.burnite@wilsonelser.com

Attorneys for Defendants

UNUM GROUP (previously known as

UNUMPROVIDENT CORPORATION),

THE PAUL REVERE LIFE INSURANCE COMPANY,

and NEW YORK LIFE INSURANCE COMPANY

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LEWIS G. SHEPLER II, M.D.

Plaintiff,

vs.

UNUMPROVIDENT CORPORATION; THE

PAUL REVERE LIFE INSURANCE

COMPANY and UNUM GROUP, inclusive,

Defendant.

)

)

)

)

)

)

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)

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)

)

Case No.: C08-00240 MEJ

STIPULATION TO CONTINUE CASE

MANAGEMENT CONFERENCE;

[PROPOSED] ORDER

Case 3:08-cv-00240-MEJ Document 84 Filed 06/03/10 Page 1 of 2
-1-

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No.: C08-00240 MEJ

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The parties, plaintiff Lewis G. Shepler II, M.D. and defendants Unum Group (previously

known as UnumProvident Corporation), The Paul Revere Life Insurance Company, and New

York Life Insurance Company (“defendants”), hereby stipulate to continue the Case

Management Conference presently scheduled for June 10, 2010 to July 15, 2010. The parties are

engaged in ongoing settlement negotiations and need additional time to discuss settlement.

IT IS SO STIPULATED.

KNOX RICKSEN, LLP

Dated: June 3, 2010 By_______/s/____________________

Thomas E. Fraysse

Attorney for Plaintiff

LEWIS G. SHEPLER II, M.D.

WILSON, ELSER, MOSKOWITZ, EDELMAN &

DICKER LLP

Dated: June 3, 2010 By_________/s/_____________________

Thomas M. Herlihy

John T. Burnite

Attorney for Defendants

UNUM GROUP (Previously known as

UNUMPROVIDENT CORPORATION),

THE PAUL REVERE LIFE INSURANCE

COMPANY and NEW YORK LIFE

INSURANCE COMPANY

ORDER

IT IS SO ORDERED that the Case Management Conference be continued to July 15,

2010.

Date: June ___, 2010 ___________________________________

UNITED STATES MAGISTRATE JUDGE

3

Case 3:08-cv-00240-MEJ Document 84 Filed 06/03/10 Page 2 of 2
#### The People of the State of New York, Respondent, v David C. Kelt, Appellant.

Appeal by defendant from a judgment of the County Court, Orange County, rendered August 9, 1976, convicting him of criminally negligent homicide, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment with a maximum of three years. Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to a period of imprisonment of 60 days and probation for an additional 4 years and 10 months (as recommended by the Probation Department). As so modified, judgment affirmed and case remitted to the County Court, Orange County, to fix the terms and conditions of probation. The sentence was excessive to the extent indicated herein. Latham, J. P., Shapiro, Hawkins and Suozzi, JJ., concur.
# Fourth Court of Appeals San Antonio, Texas

December 5, 2019

No. 04

- 19

- 00774

- CV
IN THE ESTATE OF WILLIAM H. MCNUTT,
From the County Court, Kimble County, Texas

Trial Court No. 2284 Honorable Joe Loving, Jr., Judge Pres iding



### O R D E R

On Octo ber 30 , 2019
, A ppellant Sherry McNutt filed a notice of appeal. See T EX

. R. A PP

. P. 25.1(a). The same day , a deputy clerk of this court notified A ppellant in writing that our records do not show that the $ 20 5.00 filing fee ha s been paid. Further, our records do not conclusively establish that A ppellant is excused by statute or rule from paying the filing fee. See id. R. 5 (requiring fees in civil cases); id. R. 20 .1 (waiving appellate court costs under certain circumstances ).
Our Octob er 30
, 2019 letter warned A ppellant that if the filing fee was not paid by November 1 2
, 2019
, the appeal could be stricken by th is court . To date, this court has not received payment or a Statement of Inability to Afford Payment of Court Costs

. See id. ; see also T EX

. R. C IV

. P. 145.
Our letter also advised A ppellant that the docketing statement must be filed with this court by November 1 2 , 2019

. See id. R. 32.1; 4 TH T EX

. A PP

. (S AN A NTONIO ) L OC

. R. 5.2
, http://www.txcourts.gov/4thcoa/practice

- before

- the

- court/local

- rules.aspx

. To date, no docketing statement has been file d.
We ORDER Appellant to file a docketing statement within TEN DAYS of the date of this order.
We ORDER A ppellant to show cause in writing within T E N DAYS of the date of th is order that either (1) the $ 20 5 .00 f iling fee ha s been paid, or (2) A ppellant i s entitled to appeal without pa ying the filing fee.
If A ppellant fail s to respond as ordered , this appeal will be dismissed without further notice

. See T EX

. R. A PP

. P . 5, 42.3(c); In re W.J.C. , No. 04

- 05

- 00532

- CV, 2005 WL 3 477883 (Tex. App.

— San Antonio Dec. 21, 2005, no pet.) (mem. op.)._________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the se al of the said court on this 5th day of December, 2019

.

___________________________________ MICHAEL A. CRUZ
, Clerk of Court
### §611a. State required to provide certain information

Each State to which a grant is made under section 603 of this title shall, at least 4 times annually and upon request of the Immigration and Naturalization Service, furnish the Immigration and Naturalization Service with the name and address of, and other identifying information on, any individual who the State knows is unlawfully in the United States.

(Aug. 14, 1935, ch. 531, title IV, §411A, as added Pub. L. 104–193, title IV, §404(b), Aug. 22, 1996, 110 Stat. 2267.)

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

#### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
#### § 50.8 Certification of Report of Birth Abroad of a United States Citizen.

At any time subsequent to the issuance of a Consular Report of Birth Abroad of a Citizen of the United States of America, when requested and upon payment of the required fee, the Department of State's Passport Office may issue to the citizen, the citizen's parent or legal guardian a certificate entitled “Certification of Report of Birth Abroad of a United States Citizen.”

[61 FR 43312, Aug. 22, 1996]
### §300x–27. Treatment services for pregnant women

#### (a) In general

A funding agreement for a grant under section 300x–21 of this title is that the State involved—

(1) will ensure that each pregnant woman in the State who seeks or is referred for and would benefit from such services is given preference in admissions to treatment facilities receiving funds pursuant to the grant; and

(2) will, in carrying out paragraph (1), publicize the availability to such women of services from the facilities and the fact that the women receive such preference.

#### (b) Referrals regarding States

A funding agreement for a grant under section 300x–21 of this title is that, in carrying out subsection (a)(1)—

(1) the State involved will require that, in the event that a treatment facility has insufficient capacity to provide treatment services to any woman described in such subsection who seeks the services from the facility, the facility refer the woman to the State; and

(2) the State, in the case of each woman for whom a referral under paragraph (1) is made to the State—

(A) will refer the woman to a treatment facility that has the capacity to provide treatment services to the woman; or

(B) will, if no treatment facility has the capacity to admit the woman, make interim services available to the woman not later than 48 hours after the women 1 seeks the treatment services.

(July 1, 1944, ch. 373, title XIX, §1927, as added Pub. L. 102–321, title II, §202, July 10, 1992, 106 Stat. 395; amended Pub. L. 102–352, §2(a)(10), Aug. 26, 1992, 106 Stat. 938.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 1927 of act July 1, 1944, was classified to section 300x–12 of this title prior to repeal by Pub. L. 102–321.

Another prior section 1927 of act July 1, 1944, was classified to section 300y–6 of this title prior to repeal by Pub. L. 99–280.

#### Amendments

1992—Subsec. (b)(2)(B). Pub. L. 102–352 struck out "available" before "interim services available".

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

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–352 effective immediately upon effectuation of amendment made by Pub. L. 102–321, see section 3(1) of Pub. L. 102–352, set out as a note under section 285n of this title.

1 So in original. Probably should be "woman".
§ 229.415 Access to course offerings. ( a ) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses.
( b ) ( 1 ) With respect to classes and activities in physical education at the elementary school level, the recipient shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. With respect to physical education classes and activities at the secondary and post-secondary levels, the recipient shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000.
( 2 ) This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.
( 3 ) This section does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
( 4 ) Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the recipient shall use appropriate standards that do not have such effect.
( 5 ) Portions of classes in elementary and secondary schools, or portions of education programs or activities, that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.
( 6 ) Recipients may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.
### §205. Appointment and tenure of office of Surgeon General; reversion in rank

The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps or Ready Reserve Corps that he would have occupied had he not served as Surgeon General.

(July 1, 1944, ch. 373, title II, §204, 58 Stat. 684; Pub. L. 97–25, title III, §303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, §2765(b), Aug. 13, 1981, 95 Stat. 932; Pub. L. 116–136, div. A, title III, §3214(e)(1), Mar. 27, 2020, 134 Stat. 373.)

#### **Editorial Notes**

#### Amendments

2020—Pub. L. 116–136 substituted "Regular Corps or Ready Reserve Corps" for "Regular or Reserve Corps".

1981—Pub. L. 97–35 inserted reference to Reserve Corps and substituted provisions relating to appointment of an individual from the Regular Corps and with specialized training and significant experience, for provisions relating to appointment of an individual sixty-four years of age or older.

Pub. L. 97–25 inserted provision that the President may appoint to office of Surgeon General an individual who is sixty-four years of age or older.

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

#### Change of Name

"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### **Executive Documents**

#### Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.
#### BEST, Appellant, v. EASTMAN KODAK CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

March 15, 1905.)

Action by Charles P. Best against the Eastman Kodak Company. No opinion. Judgment affirmed, with costs.
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROBERT ALLEN OWEN,

Plaintiff(s),

    v.

COUNTY OF DEL NORTE et al,

Defendant(s).                                                                      /

No. C 08-3431 MHP

ORDER(Ninety-Day Conditional Dismissal)

The parties hereto, by their counsel, having advised the Court that they have agreed to a

settlement of this action.

IT IS HEREBY ORDERED that this action is dismissed with prejudice; provided,

however, that if any party hereto shall certify to this Court, with a proof of service of a copy on

opposing counsel, within 90 days from the date hereof, that the agreed consideration for the

settlement has not been delivered over, this Order shall stand vacated, and the action shall be

restored to the calendar to be set for trial.

Dated: 6/28/2010MARILYN HALL PATELUnited States District Court Judge

Case 3:08-cv-03431-MHP   Document 35   Filed 06/28/10   Page 1 of 1

    -       - Superintendent of Documents
      - 2018-03-10T21:01:09-0500
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
#### Wilhelmina Heckmann, Respondent, v. Martin Fisher et al., Defendants, and Lynn Terrace Apts., Inc., Section I, Appellant.

Motion to dismiss appeal denied, without costs. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

Case 3:08-cv-03635-SC Document 31 Filed 02/11/10 Page 1 of 2
Case 3:08-cv-03635-SC Document 31 Filed 02/11/10 Page 2 of 2
#### ALDEN SPEARE’S SONS CO., Appellant, v. ALGER, Respondent.

(Supreme Court, Appellate Division, IPirst Department.

March 24, 1905.)

Action by the Alden Speare’s Sons Company against Stewart C. Alger. W. E. War-land, for appellant. J. J. Allen, for respondent. No opinion. Judgment affirmed, with costs.