alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-17.htm


Exhibit 10.17


 


AMENDMENT


TO THE


MARTEN TRANSPORT, LTD.


2005 STOCK INCENTIVE PLAN












Pursuant to the retained power to amend contained in Section 18 of the plan restatement entitled “Marten Transport, Ltd. 2005 Stock Incentive Plan” (the “Plan”), and by resolution of the Board on August 17, 2010, the Plan is amended as follows.


 


1.             Section 9 of the Plan is amended and restated effective August 17, 2010, to read as follows:


 


“9.           Performance Unit Awards.


 


An Eligible Recipient may be granted one or more Performance Unit Awards under the Plan, and such Performance Unit Awards will be subject to such terms and conditions, consistent with the other provisions of the Plan, as may be determined by the Committee in its sole discretion.  The Committee may impose such restrictions or conditions, not inconsistent with the provisions of the Plan, to the payment, issuance, retention and/or vesting of such Performance Unit Awards as it deems appropriate, including, without limitation, (i) the achievement of one or more of Performance Criteria; and/or that (ii) the Participant remain in the continuous employ or service of the Company or a Subsidiary for a certain period.  Payment of a Performance Unit Award will be made to the Participant within two and one-half months following the end of the Participant’s tax year during which receipt of the Performance Unit Award is no longer subject to a ‘substantial risk of forfeiture’ within the meaning of Section 409A of the Code, except to the extent that (i) an Eligible Recipient has properly elected to defer income that may be attributable to a Performance Unit Award under a Company deferred compensation plan or arrangement, or (ii) the Committee requires that income that may be attributable to the Performance Unit Award be credited to and paid under a Company deferred compensation plan or arrangement.”


 


2.             Section 17 of the Plan is amended and restated to read as follows:


 


“17.         Section 409A of the Code.


 


     “It is intended that the Plan and all Incentive Awards hereunder be issued and administered in a manner that will cause such Incentive Awards to not be treated as deferred compensation subject to the requirements of Section 409A of the Code, except to the extent that (i) an Eligible Recipient has properly elected to defer income that may be attributable to an Incentive Award under a Company deferred compensation plan or arrangement, or (ii) the Committee requires that income that may be attributable to an Incentive Award be credited to and paid under a Company deferred compensation plan or arrangement.”
EXHIBIT 10.5

             TRANSFER LOAN AGREEMENT DATED MAY 31, 2005 BETWEEN BANK
   OF COMMUNICATIONS, ZHENGZHOU BRANCH AND HENAN ZHONGPIN FOOD SHARE CO., LTD.

             The Bank of Communications provided a government transfer loan of
the Canadian Government in the amount of US $2,504,969.00 to Henan Zhongpin Food
Share Co., Ltd. to be used to expand its project of planting and refrigeration
of specialty vegetables, with an interest rate of 6.02% per annum for 58% of the
loan amount, the balance of the loan interest-free, and a term of 40 year from
the date of the agreement.
I 

109TH CONGRESS 

1ST SESSION H. R. 2920 

To suspend temporarily the duty on 2,4-di-tert-butyl-6-(5-chlorobenzotriazol2-yl)phenol. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005 

Mr. CASTLE introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on 2,4-di-tert-butyl-6-(5- 

chlorobenzotriazol-2-yl)phenol. 

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

3 SECTION 1. 2,4-DI-TERT-BUTYL-6-(5-CHLOROBENZOTRIAZOL4 2-YL)PHENOL. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 

‘‘ 9902.09.07 2,4-di-tert-butyl-6-(5- 

chlorobenzotriazol-2- 

yl)phenol (CAS No. 3864– 

99–1) (provided for in subheading 2933.99.12) ............ Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 2920 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
Page 1 

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UNITED STATES DISTRICT COURT 

 NORTHERN DISTRICT OF CALIFORNIA 

 SAN FRANCISCO DIVISION 

GREGORY BENDER, 

 

 plaintiff and 

 counter-defendant,

vs. 

NATIONAL SEMICONDUCTOR 

CORPORATION, a 

Delaware corporation, 

 

 defendant and 

 counter-claimant. 

)

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Case No. C 09-01151 JSW 

[PROPOSED] ORDER OF DISMISSAL 

 

CAME ON THIS DAY for consideration of the Stipulated Motion 

for Dismissal of all claims asserted by plaintiff and counterdefendant Gregory Bender against defendant and counter-claimant 

National Semiconductor Corporation and of all claims asserted by 

defendant and counter-claimant National Semiconductor Corporation 

against plaintiff and counter-defendant Gregory Bender in this 

David N. Kuhn - State Bar No. 73389 

Attorney-at-Law 

144 Hagar Avenue 

Piedmont, CA 94611 

Telephone:(510)653-4983 

E-mail: dnkuhn@pacbell.net 

Attorney for plaintiff Gregory Bender

Case 3:09-cv-01151-JSW Document 57 Filed 05/12/10 Page 1 of 2 Case3:09-cv-01151-JSW Document56 Filed05/12/10 Page1 of 2
Page 2 

 Dismissal Order: 09cv1151 

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action, with prejudice, and the Court being of the opinion that 

said motion should be GRANTED, it is hereby 

ORDERED, ADJUDGED, AND DECREED that all claims asserted in 

this action by plaintiff and counter-defendant Gregory Bender 

against defendant and counter-claimant National Semiconductor 

Corporation and all claims asserted in this action by defendant 

and counter-claimant National Semiconductor Corporation against 

plaintiff and counter-defendant Gregory Bender are hereby 

dismissed, with prejudice. 

It is further ORDERED that all costs, expenses, and

attorneys’ fees are to be borne by the party that incurred them. 

IT IS SO ORDERED. 

Dated:_____________________ ____________________________ 

 UNITED STATES DISTRICT JUDGE 

 

Case3:09-cv-01151-JSW Document56 Filed05/12/10 Page2 of 2

May 12, 2010

Case 3:09-cv-01151-JSW Document 57 Filed 05/12/10 Page 2 of 2
#### Thomas McQueen, Petitioner, v Gerald S. Held, as Justice of the Supreme Court of the State of New York, County of Kings, et al., Respondents.

Proceeding pursuant to CPLR article 78 to prohibit the further prosecution of petitioner under Kings County Indictment No. 821-1977 or, in the alternative, to disqualify the respondent Justice from further participation in the event of a retrial. Petition granted to the extent that the retrial should be held before a Justice other than the respondent Held. Proceeding otherwise dismissed on the merits, without costs or disbursements. The petitioner in this proceeding was a codefendant of one Rudolph Drayton, whose petition for a writ of prohibition is being determined simultaneously herewith. The reasons set forth in the memorandum decision in that proceeding apply with equal force here. In addition, the petitioner here joined in the mistrial motion of his codefendant, although he was advised by the court that if he did not do so the trial would proceed as to both defendants and that the codefendant’s motion for a mistrial would be denied. Damiani, J. P., Suozzi, Rabin and Shapiro, JJ., concur.
§ 180.505 Supplementation of responses. A party is under a duty, in a timely fashion, to: ( a ) Supplement a response with respect to any question directly addressed to: ( 1 ) The identity and location of persons having knowledge of discoverable matters; and
( 2 ) The identity of each person expected to be called as an expert witness, the subject matter on which the expert witness is expected to testify, and the substance of the testimony.
( b ) Amend a response if the party later obtains information upon the basis of which: ( 1 ) The party knows the response was incorrect when made, or
( 2 ) The party knows the response, though correct when made, is no longer true, and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment.
( c ) Supplement other responses, as imposed by order of the ALJ or by agreement of the parties.
### §7515. General savings clause

Each regulation, standard, rule, notice, order and guidance promulgated or issued by the Administrator under this chapter, as in effect before November 15, 1990, shall remain in effect according to its terms, except to the extent otherwise provided under this chapter, inconsistent with any provision of this chapter, or revised by the Administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement, or plan in effect before November 15, 1990, in any area which is a nonattainment area for any air pollutant may be modified after November 15, 1990, in any manner unless the modification insures equivalent or greater emission reductions of such air pollutant.

(July 14, 1955, ch. 360, title I, §193, as added Pub. L. 101–549, title I, §108(l), Nov. 15, 1990, 104 Stat. 2469.)
#### Neil *et al. v.*Dow Law Bank *et al.*

May 15, 1912.

Equitable petition. Before Judge Felton. Houston superior court. April term, 1911.

*H. A. Mathews,*for plaintiffs. *Miller & J ones,*for- defendants.

Beck, J.

Where an equitable petition is defective because of a misjoinder of parties, the same is subject to a special demurrer filed at the first term; but the petition should not be dismissed on a motion in the nature of a general demurrer made at the trial term and based upon this ground alone. *Tice*v. *Georgia Railroad &c. Co.,*124 *Ga.*459 (52 S. E. 916). *Judgment reversed.*

*All the Justices concur.*
### §2996j. Special limitations

The Corporation shall prescribe procedures to insure that—

(1) financial assistance under this subchapter shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and

(2) financial assistance under this subchapter shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation.

(Pub. L. 88–452, title X, §1011, as added Pub. L. 93–355, §2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, §16, Dec. 28, 1977, 91 Stat. 1624.)

#### **Editorial Notes**

#### Amendments

1977—Par. (2). Pub. L. 95–222 inserted provisions relating to function and appointment of an independent hearing examiner, and the time for any hearings.

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

#### Effective Date of 1977 Amendment

Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title.
§ 203.43g Eligibility of mortgages in certain communities. ( a ) A mortgage which meets the requirements of this subpart shall be eligible for insurance without regard to the limitation in this part relating to marketability of title under the following conditions: ( 1 ) The mortgagor is to occupy the dwelling as a principal residence (as defined in § 203.18(f)(1)).
( 2 ) The defect or potential defect in title is a direct and primary result of outstanding claims to ownership of land in the community by an American Indian tribe, band, group or Nation.
( 3 ) Fifty or more individual owners were joined as parties defendant or were members of a defendant class before April 1, 1980 in litigation involving claims to ownership of land in the community in which the property is located by an American Indian tribe, band, group or Nation pursuant to a dispute involving the Articles of Confederation, the Trade and Intercourse Act of 1790 or any similar State or Federal law.
( 4 ) Such ownership claims are reasonably likely to be settled by court action or otherwise.
( 5 ) Temporary adverse economic conditions exist throughout the community as a direct and primary result of such claims.
( b ) Mortgages complying with the requirements of this subpart as modified by this section shall be the obligation of the Special Risk Insurance Fund.
[49 FR 21319, May 21, 1984, as amended at 55 FR 34805, Aug. 24, 1990]
EXHIBIT 99.7
                                                                    ------------



                                  CERTIFICATION
   REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND SECTION 1350 OF CHAPTER 63
                     OF TITLE 18 OF THE UNITED STATES CODE


     Vermilion Energy Trust (the "Company") is filing its annual report on Form
40-F for the fiscal year ended December 31, 2004 (the "Report") with the United
States Securities and Exchange Commission.

     I, Lorenzo Donadeo, President & Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906
of the Sarbanes-Oxley Act of 2002, that:


1.   The Report fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

2.   The information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.

Dated: March 21, 2005


                                            /s/ Lorenzo Donadeo
                                            -----------------------------------
                                            Lorenzo Donadeo
                                            President & Chief Executive Officer



<PAGE>


                                  CERTIFICATION
   REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND SECTION 1350 OF CHAPTER 63
                     OF TITLE 18 OF THE UNITED STATES CODE


     Vermilion Energy Trust (the "Company") is filing its annual report on Form
40-F for the fiscal year ended December 31, 2004 (the "Report") with the United
States Securities and Exchange Commission.

     I, Curtis W. Hicks, Executive Vice President, Finance & Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as enacted
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

1.   The Report fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

2.   The information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.

Dated: March 31, 2005


                                                    /s/ Curtis W. Hicks
                                                    ----------------------------
                                                    Curtis W. Hicks
                                                    Executive Vice President and
                                                    Chief Financial Officer
§ 1003.300 Application requirements. ( a ) *Application information.* A Notice of Funding Availability (NOFA) shall be published in the Federal Register not less than 30 days before the deadline for application submission. The NOFA will provide information relating to the date and time for application submission, the form and content requirements of the application, specific information regarding the rating and ranking criteria to be used, and any other information pertinent to the application process.
( b ) *Costs incurred by applicant.* Costs incurred by an applicant prior to the submission of the single purpose grant application to HUD will not be recognized by HUD as eligible ICDBG expenses.
( c ) HUD will not normally reimburse or recognize costs incurred before HUD approval of the application for funding. However, under unusual circumstances, the Area ONAP may consider and approve written requests to recognize and reimburse costs incurred after submission of the application where failure to do so would impose undue hardship on the applicant. Such written authorization will be made only before the costs are incurred and where the requirements for reimbursement have been met in accordance with 24 CFR 58.22 and with the understanding that HUD has no obligation whatsoever to approve the application or to reimburse the applicant should the application be disapproved.
(Approved by the Office of Management and Budget under control number 2577-0191)
### §290ll. Fellowships

#### (a) In general

The Secretary shall maintain a program, to be known as the Minority Fellowship Program, under which the Secretary shall award fellowships, which may include stipends, for the purposes of—

(1) increasing the knowledge of mental and substance use disorders practitioners on issues related to prevention, treatment, and recovery support for individuals who are from racial and ethnic minority populations and who have a mental or substance use disorder;

(2) improving the quality of mental and substance use disorder prevention and treatment services delivered to racial and ethnic minority populations; and

(3) increasing the number of culturally competent mental and substance use disorders professionals who teach, administer services, conduct research, and provide direct mental or substance use disorder services to racial and ethnic minority populations.

#### (b) Training covered

The fellowships awarded under subsection (a) shall be for postbaccalaureate training (including for master's and doctoral degrees) for mental and substance use disorder treatment professionals, including in the fields of psychiatry, nursing, social work, psychology, marriage and family therapy, mental health counseling, and substance use disorder and addiction counseling.

#### (c) Authorization of appropriations

To carry out this section, there are authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027.

(July 1, 1944, ch. 373, title V, §597, as added Pub. L. 114–255, div. B, title IX, §9024, Dec. 13, 2016, 130 Stat. 1253; amended Pub. L. 117–328, div. FF, title I, §1312, Dec. 29, 2022, 136 Stat. 5697.)

#### **Editorial Notes**

#### Amendments

2022—Subsec. (c). Pub. L. 117–328 substituted "$25,000,000 for each of fiscal years 2023 through 2027" for "$12,669,000 for each of fiscal years 2018 through 2022".
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL DATA EXTRACTED FROM THE COMPANY'S 
FINANCIAL STATEMENTS AT AND FOR THE SIX-MONTH PERIOD ENDED JUNE 30, 1996 
INCLUDED IN THE COMPANY'S FORM 10-Q QUARTERLY REPORT FOR SUCH PERIOD AND IS 
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                           1,430
<SECURITIES>                                         0
<RECEIVABLES>                                   40,118
<ALLOWANCES>                                     5,000
<INVENTORY>                                      9,983
<CURRENT-ASSETS>                                45,602
<PP&E>                                          35,384
<DEPRECIATION>                                   7,426
<TOTAL-ASSETS>                                  89,498
<CURRENT-LIABILITIES>                           55,722
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             4
<OTHER-SE>                                      20,610
<TOTAL-LIABILITY-AND-EQUITY>                    89,498
<SALES>                                        104,301
<TOTAL-REVENUES>                               104,301
<CGS>                                           84,270
<TOTAL-COSTS>                                   99,927
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,946
<INCOME-PRETAX>                                  2,968
<INCOME-TAX>                                     1,309
<INCOME-CONTINUING>                                362
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       362
<EPS-PRIMARY>                                    0.001
<EPS-DILUTED>                                    0.001
        

</TABLE>
#### The People of the State of Illinois ex rel. Laura Frantzen, appellee, v. Adolph Holum, appellant.

Gen. No. 27,956.

Proceeding under Bastardy Act. Defendant found to be father of relatrix’s child. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed May 28, 1923.

Tiffany & Kasisehke, for appellant; Ernest Kasisehke, of counsel. Trainor & Trainor, for appellee; Robert E. Crowe, State’s Attorney, of counsel.

Mr. Presiding Justice McSurely

delivered the opinion of the court.
#### Eliza Taber and Charles Carrington, appellees, v. Samuel R. Wittelle, appellant.

Gen. No. 28,099.

Action for damage to automobile by collision with another automobile. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. N. Hollerich, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed May 28, 1923.

John A. Bloomingston, for appellant. Albert George, for appellees.

Mr. Justice Matchett

delivered the opinion of the court.