alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w2






Exhibit 10.2




AMENDMENT NO. 2 TO OTC LICENSE AGREEMENT




     This Amendment No. 2 (the “Amendment”) to the OTC License Agreement dated October 17, 2006,
between Schering-Plough Healthcare Products, Inc. (“MCC”) and Santarus, Inc. (“Santarus”), as
amended, (the “License”) is made as of August 6, 2010.



RECITALS



     WHEREAS, MCC desires to reallocate, within the Marketing Commitment for the Licensed Product,
some of the amounts budgeted without affecting the Net Sales amount on which Santarus is paid a
royalty; and



     WHEREAS, MCC and Santarus desire to amend certain terms of the License to account for those
circumstances, as set forth herein.



     NOW, THEREFORE, for and in consideration of the covenants, conditions, and undertakings
hereinafter set forth, the Parties agree as follows:



AGREEMENT



     1. Amendment of Section 1.21. Section 1.21 of the License is hereby amended by
deleting the definition of “Marketing Commitment” and replacing it with: “means the out-of-pocket
amount incurred by Schering to market the first Licensed Product (in each case, to the extent not
deducted from gross sales in determination of Net Sales), including marketing programs, consumer
promotions, consumer advertising, consumer events, product public relations (excluding general
corporate public relations), product display and trade promotion, as well as Emerging Issues Task
Force (EITF) trade and consumer allowances. It is understood that amounts incurred for EITF trade
and consumer allowances may be counted toward the Marketing Commitment even if deducted from gross
sales (see §1.24 “Net Sales”) of Licensed Products, as long as MCC adjusts the royalty paid to
Santarus so that the royalty payment received by Santarus is not adversely affected.”



     2. Miscellaneous.



          a. THIS AMENDMENT AND THE LICENSE AS AMENDED BY THIS AMENDMENT SETS FORTH THE ENTIRE AGREEMENT
AND UNDERSTANDING OF MCC AND SANTARUS WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERCEDES ALL
PRIOR DISCUSSIONS, AGREEMENTS AND WRITINGS IN RELATION THERETO. EXCEPT AS OTHERWISE EXPRESSLY SET
FORTH IN THE LICENSE, THE PARTIES HAVE NOT RELIED ON ANY MATERIAL REPRESENTATIONS OR WARRANTIES IN
CONNECTION WITH THE NEGOTIATION AND EXECUTION OF THIS AMENDMENT.




          b. Except for the amendments set forth herein, all other terms and conditions of the License
shall remain in full force and effect.






1









 








          c. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to
them in the License.




     IN WITNESS WHEREOF, the Parties have duly executed this Amendment to be effective as of August
6, 2010.



	 	 	 	 	 
	SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC.

 	 
	By:  	/s/ Thomas J. Higgins
 	 
	 	Name:  	Thomas J. Higgins           	 
	 	Title:  	VP 	 
	 
	SANTARUS, INC.

 	 
	By:  	/s/ Gerald T. Proehl
 	 
	 	Name:  	Gerald T. Proehl 	 
	 	Title:  	President and CEO 	 
	 




2
#### BISHOP, Appellant, v. UNITED STATES CASUALTY CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

March 3, 1905.)

Action 6y Edward 6. Bishop against the United States Casualty Company.

PER CURIAM.

Order of affirmance amended by adding thereto the following provision: “But with leave to the plaintiff to amend the complaint within 10 days after service of copy of this .order, upon payment to the defendant or his attorney of the costs in the Municipal Court and the costs of this appeal.”
I 

109TH CONGRESS 

1ST SESSION H. R. 2802 

To prohibit the manufacture, marketing, sale, or shipment in interstate 

commerce of products designed to assist in defrauding a drug test. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2005 

Mr. ENGEL introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To prohibit the manufacture, marketing, sale, or shipment 

in interstate commerce of products designed to assist 

in defrauding a drug test. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Testing Integrity 

5 Act of 2005’’. 

6 SEC. 2. BAN OF PRODUCTS DESIGNED TO DEFRAUD DRUG 

7 TESTS. 

8 (a) CONDUCT PROHIBITED.—It shall be unlawful to 

9 knowingly manufacture, market, sell, ship, or otherwise 

10 provide to another individual any product with the intent 
2 

•HR 2802 IH 

1 to assist such other individual to use such product to de2 fraud a drug test. 

3 (b) DEFINITION.—As used in this Act, the term ‘‘de4 fraud a drug test’’ means— 

5 (1) submit a substance that purports to be from 

6 an individual other than its actual source, or pur7 ports to have been excreted or collected other than 

8 when it was actually excreted or collected; or 

9 (2) engage in any other conduct with the intent 

10 to produce a false or misleading outcome of a test 

11 for the presence of a controlled substance. 

12 SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS13 SION. 

14 (a) UNFAIR AND DECEPTIVE ACT OR PRACTICE.— 

15 A violation of section 2 shall be treated as a violation of 

16 a rule defining an unfair or deceptive act or practice pre17 scribed under section 18(a)(1)(B) of the Federal Trade 

18 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

19 (b) ENFORCEMENT AUTHORITY.—The Federal 

20 Trade Commission shall enforce this Act in the same man21 ner, by the same means, and with the same jurisdiction 

22 as though all applicable terms and provisions of the Fed23 eral Trade Commission Act were incorporated into and 

24 made a part of this Act. 

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
     This schedule contains summary financial information extracted from the
financial statements for the quarter ended September 30, 2000 and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0001020871
<NAME> ON COMMAND CORPORATION
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                   1.00
<CASH>                                           6,896
<SECURITIES>                                         0
<RECEIVABLES>                                   36,341
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                45,051
<PP&E>                                         307,937
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 430,537
<CURRENT-LIABILITIES>                           59,654
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           305
<OTHER-SE>                                     143,920
<TOTAL-LIABILITY-AND-EQUITY>                   430,537
<SALES>                                         68,832
<TOTAL-REVENUES>                                68,832
<CGS>                                           30,716
<TOTAL-COSTS>                                   30,716
<OTHER-EXPENSES>                                41,908
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,871
<INCOME-PRETAX>                                (8,485)
<INCOME-TAX>                                       (8)
<INCOME-CONTINUING>                            (8,477)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,477)
<EPS-BASIC>                                     (0.28)
<EPS-DILUTED>                                   (0.28)


</TABLE>
### §6941. Objectives of subchapter

The objectives of this subchapter are to assist in developing and encouraging methods for the disposal of solid waste which are environmentally sound and which maximize the utilization of valuable resources including energy and materials which are recoverable from solid waste and to encourage resource conservation. Such objectives are to be accomplished through Federal technical and financial assistance to States or regional authorities for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State, and local governments and private industry. In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs, including those needs created by thorough implementation of section 6962(h) of this title, of the recycling and resource recovery interest within the area encompassed by the planning process.

(Pub. L. 89–272, title II, §4001, as added Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96–482, §32(b), Oct. 21, 1980, 94 Stat. 2353; Pub. L. 98–616, title III, §301(a), title V, §501(f)(1), Nov. 8, 1984, 98 Stat. 3267, 3276.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 3254 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.

#### Amendments

1984—Pub. L. 98–616, §501(f)(1), inserted ", including those needs created by thorough implementation of section 6962(h) of this title,".

Pub. L. 98–616, §301(a), inserted at end "In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process."

1980—Pub. L. 96–482 included as an objective in the disposal of solid waste the utilization of energy and materials recoverable from solid waste.
### §6802. Definitions

As used in this subchapter:

(1) The term "Secretary" means the Secretary of Energy.

(2) The term "electric utility" means any person, State agency, or Federal agency which sells electric energy.

(3) The term "Federal agency" means any agency or instrumentality of the United States.

(4) The term "State agency" means a State, political subdivision thereof, or any agency or instrumentality of either.

(5) The term "State utility regulatory commission" means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority.

(6) The term "State" means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States.

(7) The term "utility regulatory commission" means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency).

(Pub. L. 94–385, title II, §202, Aug. 14, 1976, 90 Stat. 1142; Pub. L. 95–617, title I, §143, Nov. 9, 1978, 92 Stat. 3134; Pub. L. 105–388, §5(b)(2), Nov. 13, 1998, 112 Stat. 3479.)

#### **Editorial Notes**

#### Amendments

1998—Par. (1). Pub. L. 105–388 made technical amendment by striking heading and designation which had been inserted by Pub. L. 95–617.

1978—Par. (1). Pub. L. 95–617 substituted "The term 'Secretary' means the Secretary of Energy" for "The term 'Administrator' means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this subchapter".
### §6708. Wage standards for laborers and mechanics; enforcement

All laborers and mechanics employed on projects assisted by the Secretary under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary shall not extend any financial assistance under this chapter for such project without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this provision, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.

(Pub. L. 94–369, title I, §109, July 22, 1976, 90 Stat. 1001; Pub. L. 95–28, title I, §108, May 13, 1977, 91 Stat. 119.)

#### **Editorial Notes**

#### References in Text

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

#### Codification

In text, "sections 3141–3144, 3146, and 3147 of title 40" substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)" and "section 3145 of title 40" substituted for "section 2 of the Act of June 13, 1964, as amended (40 U.S.C. 276c)", meaning section 2 of the Act of June 13, 1934, on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

#### Amendments

1977—Pub. L. 95–28 substituted "All laborers and mechanics employed" for "All laborers and mechanics employed by contractors or subcontractors".
### §4578. Authorizations of appropriations

For purposes of section 4577 of this title, there are authorized to be appropriated $85,000,000 for the fiscal year ending September 30, 1977, $91,000,000 for the fiscal year ending September 30, 1978, $102,500,000 for the fiscal year ending September 30, 1979, $102,500,000 for the fiscal year ending September 30, 1980, $115,000,000 for the fiscal year ending September 30, 1981, and $15,000,000 for the fiscal year ending September 30, 1982. Of the funds appropriated under this section for the fiscal year ending September 30, 1980, at least 8 percent of the funds shall be obligated for grants for projects, programs, and services to prevent (through outreach, intervention, and education) the occurrence of alcoholism and alcohol abuse; of the funds appropriated under this section for the next fiscal year at least 10 percent of the funds shall be obligated for such grants; and of the funds appropriated under this section for the fiscal year ending September 30, 1982, at least 25 per centum of the funds shall be obligated for such grants.

(Pub. L. 91–616, title III, §312, as added Pub. L. 94–371, §4(c)(3), July 26, 1976, 90 Stat. 1036; amended Pub. L. 96–180, §12, Jan. 2, 1980, 93 Stat. 1304; Pub. L. 97–35, title IX, §964, Aug. 13, 1981, 95 Stat. 594.)

#### **Editorial Notes**

#### Amendments

1981—Pub. L. 97–35 inserted provisions respecting authorization and obligation of funds for fiscal year ending Sept. 30, 1982, and struck out reference to section 4576 of this title.

1980—Pub. L. 96–180 authorized appropriation of $102,500,000 and $115,000,000 and prescribed minimum of 8 and 10 percent of the funds for preventative projects, programs, and services for fiscal years ending Sept. 30, 1980, and 1981.

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

#### Effective Date

Pub. L. 94–371, §4(c), July 26, 1976, 90 Stat. 1035, provided in part that this section is effective July 1, 1976.
### §300jj–38. Authorization for appropriations

For the purposes of carrying out this part, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2013.

(July 1, 1944, ch. 373, title XXX, §3018, as added Pub. L. 111–5, div. A, title XIII, §13301, Feb. 17, 2009, 123 Stat. 258.)
§ 1471.8 Report and recommendations. ( a ) When a report is issued after a hearing conducted pursuant to §§ 1471.6 and 1471.7, it normally shall be in writing and, when authorized by the Panel, shall contain recommendations.
( b ) A report of the designated representative containing recommendations shall be submitted to the parties, with two (2) copies to the Executive Director, within a period normally not to exceed thirty (30) calendar days after receipt of the transcript or briefs, if any.
( c ) A report of the designated representative not containing recommendations shall be submitted to the Panel with a copy to each party within a period normally not to exceed thirty (30) calendar days after receipt of the transcript or briefs, if any. The Panel shall then take whatever action it may consider appropriate or necessary to resolve the impasse.
### §3765. Transferred

#### **Editorial Notes**

#### Codification

Section 3765 was editorially reclassified as section 10191 of Title 34, Crime Control and Law Enforcement.
# Raroo r

inc

. 632 1 N E 175t h Street , Kenmore , W A9802 8 Kenmor e Air , "Th e Seaplan e Airline " •Kenmor e Ai rExpres s •Kenmor e Ai rCarg o •ED O Float s

1 C O 

### V

—o ' Octobe r28 , 201 0 U.S

. Departmen to fTransportatio n Docke tOperations , M-3 0 Wes tBuildin g groun d floo r Roo m W12-14 0 120 0 Ne wJerse yAvenue , SE Washingto n D C 2059 0 Regardin g extensio n o fExemptio n No

. 2528 0 Dea rSirs : Kenmor e Ai rHarbor , a 6 4 year-ol d Seattle , Washingto n base d Par t13 5 operato r request s a n extensio n o fExemptio n N o 2528 0 fro m Par t135.20 3 (a)(1) , o fth e Federa l Aviatio n Regulation s (FAR ) whic h permit s Kenmor e Ai rHarbo rt o conduc toperation s in,seaplane s unde rvisua l fligh trule s (VFR ) outsid e o f controlle d airspace , ove rwater , a taltitude s belo w50 0 feet

. Kenmor e state s tha tth e circumstances , conditions , an d nee d i n regar d t o safet y an d publi cinterest , whic h warrante d th e origina l an d subsequen t extension s o f thi s exemption , continu e t o exist

. Kenmor e ha s operate d safel yan d successfull y unde rthi s exemptio n fo rmor e tha n 3 2 years

. Kenmor e additionall yrequest s tha tth e renewa l o fthi s exemptio n no tb e delaye d b ypublishin g i n th e Federa l Registe ran d state s tha tthi s wil l no tse ta precedent

. Yourtimel yextensio n o fthi s exemption , whic h expire s o n Marc h 31 , 2011 , wil l allo wu s t o continu e t o provid e safe , efficien tan d timel yservic e t o th e travelin g public

. You rassistanc e i n thismatteri s appreciated

. Sincerely , KENMOR E AI R HARBOR , INC

. Ti m Brook s Vic e President , Fligh tOperation s ,•—- 1 \j— I m-Pr n

C O
### §6508. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2964, as amended, which related to competitive leasing of oil and gas, was renumbered section 107 of Pub. L. 94–258, the Naval Petroleum Reserves Production Act of 1976, by Pub. L. 109–58, title III, §347(a)(2), August 8, 2005, 119 Stat. 704, and is classified to section 6506a of this title.
P. 1



# OAR Box 1852 Prepped by Keeia Richards



### Document

Number: 

# 35 ) ll-C-1 1
Docket Number: 

# A-86-0 3

Printed 11/19/2008 2:38:54

PM Sheet 35 of 101P. 2 

### ^osr ^ , fi-tl-02 &&-H
» 

### ^ m 

### * 

### iX*m>1 1 UNITED STATE S ENVIRONMENTALPROTECTIO NAGENC Y \^yjZs W WASHINGTON , D.C

. 20460 % rBOl ^



### JU NI 3 1967 OFFICEO F AI RAN D RADIATIO N
Hr . Joh

n B . Curci o Presiden t an

d Chie f Executiv e Office r Mac k Trucks , inc . Ixecutiv e Office s Bo xM Allentown , PA

18105-500 0 Dea r Mr . Curcio : Thank yo u fo

r you r lette r describin g you r curren t testin g an d developmen t efforts . We ar e please d tha t significan t reduction s in engine-ou t particulat e emission s ar e bein g mace , an d loo k forwar d to receivin g the result s o f you r testin g programs , includin g your recen t developmen t wor k inachievin g a 199 1 lo

w mileag e targe t o f 0.1 7 g/BHP-h r wit hlo w sulfu r fuel . an d withou t aftertreatment . Whil e thi s dat a wil l b e importan t in evaluatin g complianc e strategie s fo r th e lo

w sulfu r case , w e woul d lik e t o reiterat e tha t w e als o nee d t o kno w the projecte d complianc e strategy(ies ) Mac k voul d us e fc r 199 1 wit hcurran t sulfu r levels . Thi s informatio ni s o f vita l importanc e in comparin g the cos t o f particulat e reduction s onthe vehicl e (throughfurthe r reduction s inengine-cu t emissions , an d aftertreatment ) t o the cos t o f particulat e reduction s throug h fue l controls . I f thi s coul d b e provide d alon g with - th e complianc e demonstratio n o nlo w sulfu r fuel , i t woul d be ver y helpfu l t o our analysis . Thank you agai n for you r significan t effort s i nstudyin g thes e issue s an

d reportin g th e result s t o EPA .



### Sincerely , (3tf l J

. Qaig Me t J . Crai g Potte r Assistan t Administrato r for Ai r and Raoiatio n
### §7651l. General compliance with other provisions

Except as expressly provided, compliance with the requirements of this subchapter shall not exempt or exclude the owner or operator of any source subject to this subchapter from compliance with any other applicable requirements of this chapter.

(July 14, 1955, ch. 360, title IV, §413, as added Pub. L. 101–549, title IV, §401, Nov. 15, 1990, 104 Stat. 2625.)
Case 3:08-cv-03710-CRB Document 14 Filed 04/07/10 Page 1 of 2Case 3:08-cv-03710-CRB Document 14 Filed 04/07/10 Page 2 of 2
U.S. v. Hunter Jamison

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ANTHONY J. BRASS (CASBN. 173302)

Attorney at Law

3223 Webster Street

San Francisco, California 94123

Telephone: (415) 922-5462

Facsimile: (415) 346-8987

tony@brasslawoffice.com

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

HUNTER FAE JAMISON,

Defendants.

)

)

)

)

)

)

)

)

)

)

Case No.: 3:08-cr-00077-WHA-1

Stipulation and [Proposed] Order to Move Court 

Date

)

IT IS AGREED by the parties, through their undersigned attorneys, that the court date in 

the above entitled matter be continued from November 3, 2015, to November 10, 2015, at 

2:00PM. 

Attorney Anthony Brass was notified on October 20, 2015 at 2:30 PM that he is required 

to be in United States District Court in New York, Southern District on the date of November 3, 

2015. The case, United States v. Galanis, is a 5 co-defendant case and was reset by the District 

Court Judge to November 3, 2015.

The United States Probation Department does not object to the continuance of this date.

Dated: October 21, 2015

/s/ Marc Wolf 

Marc Wolf 

Assistant United States Attorney

/s/ Anthony Brass 

ANTHONY J. BRASS

Attorney for Defendant

HUNTER JAMISON

Case 3:08-cr-00077-WHA Document 47 Filed 10/26/15 Page 1 of 2
U.S. v. Hunter Jamison

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

______________________________________________________________________________

ANTHONY J. BRASS (CASBN. 173302)

Attorney at Law

3223 Webster Street

San Francisco, California 94123

Telephone: (415) 922-5462

Facsimile: (415) 346-8987

tony@brasslawoffice.com

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

HUNTER FAE JAMISON,

Defendants.

)

)

)

)

)

)

)

)

)

)

Case No.: 3:08-cr-00077-WHA-1

[PROPOSED] Order

)

ORDER

FOR GOOD CAUSE SHOWN, and by stipulation of the parties,

IT IS ORDERED that the court date in the above entitled matter be moved from November 3, 

2015, to November 10, 2015 at 2:00 PM.

Dated: ____________________________________

 

UNITED STATES DISTRICT COURT JUDGE

October 26, 2015.

Case 3:08-cr-00077-WHA Document 47 Filed 10/26/15 Page 2 of 2
### §290bb–24. Repealed. Pub. L. 106–310, div. B, title XXXIII, §3302(b), Oct. 17, 2000, 114 Stat. 1210

Section, act July 1, 1944, ch. 373, title V, §518, as added Pub. L. 102–321, title I, §171, July 10, 1992, 106 Stat. 377, related to employee assistance programs.

A prior section 518 of act July 1, 1944, was classified to section 290cc–11 of this title, prior to repeal by Pub. L. 102–321, §120(b)(3).