alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w4






EXHIBIT 10.4




EXECUTION COPY




AMENDMENT NUMBER ONE TO




CONSULTING AGREEMENT



     This AMENDMENT NUMBER ONE TO CONSULTING AGREEMENT (this “Amendment”) is entered into effective
as of September 30, 2010, by VCA Antech, Inc., a Delaware corporation (the “Company”), and Neil
Tauber, an individual (“Executive”).



RECITALS




     WHEREAS, the Company and Executive are parties to that certain Consulting Agreement, dated as
of June 28, 2010 (the “Consulting Agreement; and



     WHEREAS, the Company and Executive desire to amend the Consulting Agreement as provided for
herein.



AMENDMENT




     NOW, THEREFORE, in consideration of the foregoing recitals and the terms, covenants and
conditions contained herein, the parties hereto amend the Consulting Agreement as follows:



     1. Consulting Services. Section 1 of the Consulting Agreement shall be amended and
restated to read in full as follows:




	 	“1. 	 	 Following the effectiveness of Consultant’s resignation as Senior Vice
President of Development on or after January 1, 2013 other than for Good Reason,
following a Change in Control or resulting from Consultant’s Disability, but only if
the Company and Executive mutually agree to make this Agreement effective (a
“Qualifying Voluntary Termination”), Consultant will provide business consulting and
advice to the Company as described herein.”





     2. Survival. Except as expressly amended as provided for in Section 1 above, all of
the terms, conditions and covenants contained in the Agreement shall continue in full force and
effect without amendment or modification as provided for therein.



     3. Miscellaneous. This Amendment may be executed in any number of counterparts, each
of which will be considered to be an original, and all such executed counterparts will together
constitute one document. The provisions of this Amendment are severable, and if any one or more
provisions are determined to be judicially unenforceable, in whole or in part, the remaining
provisions will nevertheless be binding and enforceable. This Amendment shall be governed by the
laws of the State of California.



Signature page follows






 









 








     IN WITNESS WHEREOF, each of the parties has signed this Amendment on the date opposite their
signature below.



	 	 	 	 	 
	 	VCA ANTECH, INC.

 	 
	Date: September 30, 2010	By:  	/s/ Robert L. Antin	 
	 	 	Its: 	Chairman of the Board, President and Chief Executive Officer
	 	 	 	 
	 
	 	EXECUTIVE

 	 
	Date: September 30, 2010 	/s/ NEIL TAUBER
 	 
	 	Neil Tauber 	 



2
AO 245B (Rev. 6/05 - Judgment in a Criminal Case

Date of Original Judgment: 1/29/10 

(Or Date of Last Amended Judgment)

Reason for Amendment:

[ ] Correction of Sentence on Remand (Fed.R.Crim.P.35(a))

[ ] Reduction of Sentence for Changed Circumstances

 (Fed. R.Crim.P.35(b))

[ ] Correction of Sentence by Sentencing Court (Fed.R.Crim.P.35(c)

[ x] Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36)

[ ] Modification of Supervision Conditions (18 U.S.C § 3563(c) or 3583(e))

[ ] Modification of Imposed Term of Imprisonment for Extraordinary and

 Compelling Reasons (18 U.S.C. §3582(c)(1))

[ ] Modification of Imposed Term of Imprisonment for Retroactive

 Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2))

[ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. § 2255,

 [ ] 18 U.S.C. § 3559(c)(7), or [ ] Modification of Restitution Order

United States District Court

Northern District of California

UNITED STATES OF AMERICA

v.

HENRY CHUA

JUDGMENT IN A CRIMINAL CASE

USDC Case Number: CR-09-00954-001 SI

BOP Case Number: DCAN309CR000954-001 

USM Number: 14335-111 

Defendant’s Attorney :Albert Boasberg 

THE DEFENDANT:

[x] pleaded guilty to count(s): One of the Information .

[ ] pleaded nolo contendere to count(s) which was accepted by the court.

[ ] was found guilty on count(s) after a plea of not guilty.

The defendant is adjudicated guilty of these offense(s):

Title & Section Nature of Offense

Offense

Ended Count

18:1344 BANK FRAUD 11/14/08 1

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the

Sentencing Reform Act of 1984.

[ ] The defendant has been found not guilty on count(s) .

[ ] Count(s) (is)(are) dismissed on the motion of the United States.

IT IS ORDERED that the defendant must notify the United States attorney for this district within 30 days of any change of name,

residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered

to pay restitution, the defendant must notify the court and United States attorney of any material changes in economic circumstances.

January 29, 2010

Date of Imposition of Judgment

Signature of Judicial Officer

Honorable Susan Illston, U. S. District Judge

Name & Title of Judicial Officer

2/10/10

Date

Case 3:09-cr-00954-SI Document 21 Filed 02/10/10 Page 1 of 1
United States District Court

For the Northern District of California

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ERIC SEDIE,

Plaintiff, No. C-08-4417 EDL

v.

JUDGMENT

UNITED STATES OF AMERICA,

Defendants.

___________________________________/

This action came before the Court for trial, Magistrate Judge Elizabeth D. Laporte presiding,

and the issues have been duly heard and considered and a decision having been fully rendered, 

 IT IS ORDERED AND ADJUDGED that in accordance with the Court’s April 21, 2010 Findings

of Fact and Conclusions of Law, Plaintiff is entitled to judgment in the amount of $297,624.66. 

Dated: April 21, 2010

_______________________________

ELIZABETH D. LAPORTE

United States Magistrate Judge

Case 3:08-cv-04417-EDL Document 173 Filed 04/21/10 Page 1 of 1
### §300d–17. Requirement of submission of application containing certain agreements and assurances

The Secretary may not make payments under section 300d–11(a) of this title to a State for a fiscal year unless—

(1) the State submits to the Secretary an application for the payments containing agreements in accordance with this part;

(2) the agreements are made through certification from the chief executive officer of the State;

(3) with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary;

(4) the application contains the plan provisions and the information required to be submitted to the Secretary pursuant to section 300d–14 of this title; and

(5) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this part.

(July 1, 1944, ch. 373, title XII, §1217, as added Pub. L. 101–590, §3, Nov. 16, 1990, 104 Stat. 2924.)
§ 1006.305 May I enter into a covered transaction with an excluded or disqualified person? ( a ) You as a participant may not enter into a covered transaction with an excluded person, unless the Inter-American Foundation grants an exception under § 1006.120.
( b ) You may not enter into any transaction with a person who is disqualified from that transaction, unless you have obtained an exception under the disqualifying statute, Executive order, or regulation.
TYLER SHERMAN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D13-4464

_____________________________/

Opinion filed March 3, 2015.

An appeal from the Circuit Court for Leon County.

James C. Hankinson, Judge.

Ethan Andrew Way, Tallahassee, and Arthur Brandt, Stuart, for Appellant.

Pamela Jo Bondi, Attorney General, and Angela R. Hensel, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

We affirm based on State v. Murphy, 124 So. 3d 323 (Fla. 1st DCA 2013),

Elsberry v. State, 130 So. 3d 798 (Fla. 1st DCA 2014), and Cantrell v. State, 132 

So. 3d 931 (Fla. 1st DCA 2014), and note that the Florida Supreme Court has 
granted review of the conflict between the district courts. See No. SC14–755, 2014 

WL 3360176 (Fla. July 1, 2014).

AFFIRMED.

WOLF, BENTON, and MAKAR, JJ., CONCUR.

2
f8k102210ex10iii_ecoblu.htm


 


 


Exhibit 10.3








 


DUE ON DEMAND PROMISSORY NOTE 







 



	 Amount of Note:   $380,000.00	 Date:  October 22, 2010





 


For value received, the undersigned, EcoBlu Products, Inc. (the "Borrower"), at 909 West Vista Way, Vista, CA  92083, promises to pay to the order of  Steve Conboy (the "Lender"), at 2330 Spruce Street, Carlsbad, CA, 92008 , (or at such other place as the Lender may designate in writing) the sum of $380,000.00 with interest from October 22, 2010 on the unpaid principal at 9% interest per annum.  The unpaid principal and accrued interest shall be payable in full on any future date on which the Lender demands repayment (the "Due Date").  Unpaid principal after the Due Date shall accrue interest at 18% per annum.


 


All payments on this Note shall be paid in the legal currency of the United States and applied first in payment of accrued interest and any remainder in payment of principal.  This Note may be prepaid (in whole or in part) prior to the Due Date with no prepayment penalty.


 


If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice: 1) the failure of the Borrower to pay the principal and any accrued interest in full on or before the Due Date; 2)  the death of the Borrower or Lender; 3) the filing of bankruptcy proceedings involving the Borrower as a debtor; 4) the application for the appointment of a receiver for the Borrower; 5) the making of a general assignment for the benefit of the Borrower's creditors; 6)  the insolvency of the Borrower; or 7) a misrepresentation by the Borrower to the Lender for the purpose of obtaining or extending credit.







If any payment obligation under this Note is not paid when due, the Borrower shall be obligated to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process.  The Borrower waives presentment for payment, protest, and notice of protest and nonpayment of this Note.







No renewal or extension of this Note, delay in enforcing any right of the Lender under this Note, or assignment by the Lender of this Note shall affect the liability or the obligations of the Borrower.  All rights of the Lender under this Note are cumulative and may be exercised concurrently or consecutively at the Lender's option.







This Note shall be construed in accordance with the laws of the State of California.  If any one or more of the provisions of this Note are determined to be unenforceable in whole or in part for any reason, the remaining provisions shall remain fully operative.







 


Signed this 22nd day of October, 2010, at Vista, CA.







Borrower:


EcoBlu Products, Inc.












/s/ Steve Conboy                                                     


By:  Steve Conboy, President


 







 





























































































































































 


- 2 -
§ 512.25 Refunds. ( a ) Refunds shall be promptly made when: ( 1 ) A debt is waived or otherwise found not to be owed to the United States; or
( 2 ) The employee's paying agency is directed by an administrative or judicial order to refund amounts deducted from his or her current pay.
( b ) Refunds do not bear interest unless required or permitted by law or contract.
**Exhibit 99.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

In connection with the Quarterly Report ofOmtool, Ltd. (the “Company”) on Form 10-Q for the period ended March 31, 2003as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Timothy P. Losik, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, to my knowledge, that:

 

(1)                                               The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

(2)                                               The informationcontained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

A signed original of this written statementrequired by Section 906 has been provided to Omtool, Ltd. and will be retainedby Omtool, Ltd. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 
|                    |
|-------------------------|
| /s/ Timothy P. Losik    |
| Timothy P. Losik        |
| Chief Financial Officer |
| May 5, 2003             |

 

 

----
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 249 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 249

 To repeal the reservation of mineral rights made by the United States 
 when certain lands in Livingston Parish, Louisiana, were conveyed by 
                          Public Law 102-562.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

  Mr. Baker introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To repeal the reservation of mineral rights made by the United States 
 when certain lands in Livingston Parish, Louisiana, were conveyed by 
                          Public Law 102-562.

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

SECTION 1. REPEAL OF RESERVATION OF MINERAL RIGHTS, LIVINGSTON PARISH, 
              LOUISIANA.

    Section 102 of Public Law 102-562 (106 Stat. 4234) is amended--
            (1) by striking ``(a) In General.--'';
            (2) by striking ``and subject to the reservation in 
        subsection (b),''; and
            (3) by striking subsection (b).

SEC. 2. IMPLEMENTATION OF AMENDMENT.

    The Secretary of the Interior shall execute the legal instruments 
necessary to effectuate the amendment made by subsection (a)(3) of 
section 1.
                                 <all>
```
Exhibit 31.2
 CERTIFICATION
PURSUANT TO EXCHANGE ACT RULES 13A-14(A) AND 15D-14(A),
AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      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 registrant, 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.
    
    Designed such internal control over financial reporting, or
caused such internal control over financial reporting to be designed under our
supervision, to provide reasonable assurance regarding the reliability of financial
reporting and the preparation of financial statements for external purposes in
accordance with generally accepted accounting principals;
 c.
    
    Evaluated the effectiveness of the registrant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 registrants internal
control over financial reporting that occurred during the registrants most recent
fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting.
  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 registrant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 registrants internal control over
financial reporting.
 Date: May 6, 2009
    By:
    /s/ TIMOTHY T. YATESTimothy T. YatesExecutive Vice President and Chief Financial Officer
§ 3a.4 Procedure for requesting approval. ( a ) An applicant must submit a request for approval of foreign government employment to the Secretary concerned, whose approval is also required by law for the applicant's acceptance of civil employment from a foreign government. The request must contain information concerning the applicant's status, the nature of the proposed employment in as much detail as possible, the identity of and relationship to the foreign government concerned, and other matters as may be required by the Secretary concerned.
( b ) Requests approved by the Secretary concerned will be referred to the Director, Bureau of Politico-Military Affairs, for approval. Requests received by the Director, Bureau of Politico-Military Affairs, directly from an applicant will be initially forwarded to the Secretary concerned, or his designee, for approval of disapproval.
§ 905.2 Disciplinary grievances. In grievances over disciplinary actions, the agency has the burden of establishing by a preponderance of the evidence that the disciplinary action was justified, provided, however, that in a grievance concerning suspension without pay pursuant to section 610(a)(3) of the Act, the Board's determination of the grievance shall be limited to: ( a ) Whether the required procedures have been followed; and
( b ) Whether there exists reasonable cause to believe a crime has been committed for which a sentence of imprisonment may be imposed and there is a nexus between the conduct and the efficiency of the Service.
For this purpose, reasonable cause to believe that a member has committed a crime for which a sentence of imprisonment may be imposed shall be defined as a member of the Service having been convicted of, and sentence of imprisonment having been imposed for, a job-related crime. [56 FR 55459, Oct. 28, 1991]
#### § 34.21 Termination.

The termination of collection action shall be made in accordance with the standards set forth in the FCCS, 31 CFR 903.1 and 903.3-903.4.
§ 1000.503 What is an appropriate extent of HUD monitoring? ( a ) Subject to any conflicting or supplementary requirement of specific legislation, and upon the effective date of this regulation, the frequency of HUD monitoring of a particular recipient will be determined by application of the HUD standard risk assessment factors, provided that when a recipient requests to be monitored, HUD shall conduct such monitoring as soon as practicable. The HUD standard risk assessment factors may be but are not limited to the following: ( 1 ) Annual grant amount;
( 2 ) Disbursed amounts—all open grants;
( 3 ) Months since last on-site monitoring;
( 4 ) Delinquent audits under 2 CFR part 200, subpart F;
( 5 ) Open 2 CFR part 200, subpart F, or Inspector General audit findings;
( 6 ) Conclusions of 2 CFR part 200, subpart F, auditor;
( 7 ) Open monitoring findings;
( 8 ) Delinquent Annual Performance Reports or Annual Status and Evaluation Reports;
( 9 ) Status of Corrective Action Plan (CAP) or Performance Agreement (PA);
( 10 ) Recipient Self-Monitoring;
( 11 ) Inspection of 1937 Act units;
( 12 ) Preservation of 1937 Act units; and
( 13 ) Any other additional factors that may be determined by HUD, consistent with HUD's Tribal Consultation Policy, by which HUD will send written notification and provide a comment period. Such additional factors shall be provided by program guidance.
( b ) If monitoring indicates noncompliance, HUD may undertake additional sampling and review to determine the extent of such noncompliance. The level of HUD monitoring of a recipient once that recipient has been selected for HUD monitoring is as follows: ( 1 ) Review recipient program compliance for the current program year and the 2 prior program years;
( 2 ) On-site inspection of no more than 10 dwelling units or no more than 10 percent of total dwelling units, whichever is greater;
( 3 ) Review of no more than 10 client files or no more than 10 percent of client files, whichever is greater.
( c ) Notwithstanding paragraph (b) of this section, HUD may at any time undertake additional sampling and review of prior program years, subject to the records retention limitations of § 1000.552, if HUD has credible information suggesting noncompliance. HUD will share this information with the recipient as appropriate.
( d ) A recipient may request ONAP to enter into Self-Monitoring Mutual Agreements or other self-monitoring arrangements with recipients. ONAP will monitor the recipient only in accordance with such agreement or arrangement, unless ONAP finds reasonable evidence of fraud, a pattern of noncompliance, or the significant unlawful expenditure of IHBG funds.
[77 FR 71528, Dec. 3, 2012, as amended at 80 FR 75944, Dec. 7, 2015]
§ 512.29 Exemptions. ( a ) The provisions of 31 U.S.C. 3717 do not apply— ( 1 ) To debts owned by any State or local government;
( 2 ) To debt arising under contracts which were executed prior to, and were in effect on October 25, 1982;
( 3 ) To debts where an applicable statute, loan agreement, or contract either prohibits such charges or explicitly fixes the charges that apply to the debts arising under the Social Security Act, the Internal Revenue Code of 1954, or the tariff laws of the United States.
( b ) However Broadcasting Board of Governors is authorized to assess interest and related charges on debts which are not subject to 31 U.S.C. 3717 to the extent authorized under the common law or other applicable statutory authority.
###### Editorial Note on Part 706

#### Editorial Note:

Nomenclature changes to part 706 appear at 84 FR 37751, Aug. 2, 2019.

#### § 706.20 In general.

DFC will charge for processing requests under the FOIA in accordance with the provisions of this section and with the OMB Guidelines. For purposes of assessing fees, the FOIA establishes three categories of requests: Commercial use requests, non-commercial scientific or educational institutions or news media requests, and all other requests. DFC will inform requesters as to which category their request has been placed into. Different fees are assessed depending on the category. Requesters may seek a fee waiver. DFC will consider requests for fee waiver in accordance with the requirements in § 706.24. To resolve any fee issues that arise under this section, DFC may contact a requester for additional information. DFC will ensure that searches, review, and duplication are conducted in the most efficient and the least expensive manner. DFC ordinarily will collect all applicable fees before sending copies of records to a requester. Requesters must pay fees by check or money order made payable to the Treasury of the United States.