alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Waiver Agreement dated August 27, 2010



  
 Exhibit 10.4

 WAIVER AGREEMENT 
 WAIVER AGREEMENT dated as of August 27, 2010 (the “Waiver Agreement”), by and among MASTERCARD INTERNATIONAL INCORPORATED, a Delaware corporation (“MasterCard”) and
HEARTLAND PAYMENT SYSTEMS, INC., a Delaware corporation (“HPS”). Capitalized terms not defined herein shall have the same meanings as in the Settlement Agreement dated as of May 19, 2010, as amended by amendments dated
July 2, 2010, July 13, 2010, and August 6, 2010 (the “Settlement Agreement”) by and between MasterCard and HPS. 
 WHEREAS, to settle potential claims and resolve other disputes among HPS and its acquiring banks, on the one hand, and MasterCard and certain MasterCard issuers, on the other hand with respect to the HPS
Intrusion, HPS and MasterCard entered into the Settlement Agreement; 
 WHEREAS, MasterCard has provided HPS with a copy of the
Non-Accepting Issuer Awards Report called for by Section 5 of the Settlement Agreement, which demonstrates that the Non-Accepting Issuer Awards Amount is greater than 50% of the Non-Accepting Issuer ARA Amount and that therefore the Ruling
Condition has not been satisfied; 
 WHEREAS, MasterCard and HPS desire to proceed with consummation of the Settlement
contemplated by the Settlement Agreement; 
 NOW, THEREFORE, in consideration of the representations, warranties and covenants
set forth in this Waiver Agreement, and subject to all the terms and conditions of this Waiver Agreement, MasterCard and HPS agree as follows: 
 1. RULING CONDITION. MasterCard and HPS hereby waive the Ruling Condition in accordance with Section 10.3 of the Settlement Agreement. 

2. FINANCING CONDITION. MasterCard and HPS hereby waive the Financing Condition in accordance with Section 10.3 of the
Settlement Agreement. 
 3. MISCELLANEOUS. 
 3.1. This Waiver Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute but one and the same instrument. This Waiver
Agreement will become effective when this Waiver Agreement has been duly executed and delivered by each party hereto. 
 3.2.
Except to the extent specifically waived by this Waiver Agreement, the Settlement Agreement shall remain unmodified, and the Settlement Agreement is hereby confirmed as being in full force and effect. 

[Remainder of page intentionally left blank] 

  
 -1-









  
 IN WITNESS WHEREOF,
each of the undersigned has executed this Waiver Agreement as an agreement as of August 27, 2010. 
  

	
	MASTERCARD INTERNATIONAL INCORPORATED.
	
	 /s/ Wendy Murdock

	Wendy Murdock
	Chief Franchise Officer
	
	HEARTLAND PAYMENT SYSTEMS, INC.
	
	 /s/ Charles H.N. Kallenbach

	Charles H.N. Kallenbach
	General Counsel & Chief Legal Officer
### §710. Copies of Acts furnished to Director of the Government Publishing Office

The Archivist of the United States shall furnish to the Director of the Government Publishing Office a copy of every Act and joint resolution, as soon as possible after its approval by the President, or after it has become a law under the Constitution without his approval.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1249; Pub. L. 98–497, title I, §107(b)(1), Oct. 19, 1984, 98 Stat. 2286; Pub. L. 113–235, div. H, title I, §1301(c), Dec. 16, 2014, 128 Stat. 2537.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §191a (R.S. §210; June 20, 1874, ch. 328, 18 Stat. 88; 1950 Reorg. Plan No. 20, §1, eff. May 24, 1950; 15 F.R. 3178, 64 Stat. 1272).

#### **Editorial Notes**

#### Amendments

2014—Pub. L. 113–235 substituted "Director of the Government Publishing Office" for "Public Printer" in section catchline and text.

1984—Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services".

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

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
April 7 , 2015



### JUDGMENT 

## The Fourteenth Court of Appeals

FIRST TRANSIT, INC. AND HOLLIS SILMON , Appellant s
NO. 14

- 14

- 00063

- CV V.

HECTOR ALFAR O , DAN TOLTEC A TL, INDIVIDUALLY AND A/N/F OF D.I.T AND A/N/F D.T.
, AND DAVID CANTU , Appellee s

________________________________ This cause, an appeal from the judgment in favor of appellee s , Hector Alfar o , Dan Toltec a tl, Individually and a/n/f of D.I.T and a/n/f D.T.
, and David Cantu, signed October 22, 2013, was heard on the transcript of the record. We have inspected the record and find no error in the judgment. We order the judgment of
t he court below AFFIRMED

. We order appellant s , First Transit, Inc. and Hollis Silmon, jointly and severally, to pay all costs incurred in this appeal.

We further order this decision certified below for observance.
### §336d. Repealed. Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787

Section, act July 30, 1956, ch. 778, §4, 70 Stat. 716, set forth lands subject to protection of rights of entryman.

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

#### Effective Date of Repeal

Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

#### Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
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JOSEPH P. RUSSONIELLO, CSBN 44332

United States Attorney

LUCILLE GONZALES MEIS, SBN CO 15153

Regional Chief Counsel, Region IX

Social Security Administration

MICHAEL A. CABOTAJE, CSBN 197086

Special Assistant United States Attorney

333 Market Street, Suite 1500

San Francisco, California 94105

Telephone: (415) 977-8984

Facsimile: (415) 744-0134

E-Mail: michael.cabotaje@ssa.gov

Attorneys for Defendant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

ALLISON C. PIERCE, )

)

Plaintiff, )

)

v. )

)

MICHAEL J. ASTRUE, )

Commissioner of )

Social Security, )

)

Defendant. )

_________________________________)

CIVIL NO. 3:09-CV-02713-JSW

STIPULATION AND PROPOSED ORDER

TO EXTEND TIME TO FILE

The parties, through their respective counsel, stipulate that the time for responding to Plaintiff’s

Motion for Summary Judgment (Doc. # 18) be extended from March 14, 2010, to April 13, 2010.

This is Defendant's second request for an extension of time to respond to Plaintiff's motion. 

Defendant needs the additional time to further review the file and prepare a response in this matter as the

attorney assigned to this case will unexpectedly be in training from March 15 to March 19, in addition to

the large workload of the attorney.

///

///

///

Case 3:09-cv-02713-JSW Document 24 Filed 03/11/10 Page 1 of 2 Case3:09-cv-02713-JSW Document23 Filed03/10/10 Page1 of 2
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Respectfully submitted,

Dated: March 10, 2010 /s/ Ian M. Sammis*

(* As authorized via fax dated March 10, 2010)

IAN M. SAMMIS

Attorney for Plaintiff

Dated: March 10, 2010 JOSEPH P. RUSSONIELLO

United States Attorney

LUCILLE GONZALES MEIS

Regional Chief Counsel, Region IX

Social Security Administration

/s/ Michael A. Cabotaje

MICHAEL A. CABOTAJE

Special Assistant U.S. Attorney 

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Dated: _________________ __________________________________

THE HONORABLE JEFFREY S. WHITE

United States District Judge

2

Case3:09-cv-02713-JSW Document23 Filed03/10/10 Page2 of 2

March 11, 2010 This will be the final extension of time to respond.

Case 3:09-cv-02713-JSW Document 24 Filed 03/11/10 Page 2 of 2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2979 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2979

    To amend the Crow Boundary Settlement Act of 1994 regarding the 
     distribution of capital gains from the Crow Tribal Trust Fund.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2005

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

_______________________________________________________________________

                                 A BILL

 
    To amend the Crow Boundary Settlement Act of 1994 regarding the 
     distribution of capital gains from the Crow Tribal Trust Fund.

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

SECTION 1. CROW TRIBAL TRUST FUND.

    Section 6(d) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 
1776d(d)), is amended--
            (1) in the subsection heading, by inserting ``and Capital 
        Gains'' after ``Interest'';
            (2) in paragraph (1), by striking ``Only'' and inserting 
        ``Except as provided in paragraph (4), only''; and
            (3) by adding at the end the following:
            ``(4) Distribution of capital gains.--Notwithstanding 
        subsection (f), capital gains and any other noninterest income 
        received on funds in the Crow Tribal Trust Fund shall be 
        available for distribution by the Secretary to the Crow Tribe 
        to the extent that the balance in the Crow Tribal Trust Fund 
        (including capital gains) exceeds 85,000,000, for the same uses 
        and subject to the same restrictions in paragraphs (1) and (3) 
        as are applicable to distributions of interest.''.
                                 <all>
```
JOINT STATUS REPORT – CASE NO. C09-02598 CRB 13029576.1 

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BONNIE GLATZER, State Bar No. 147804 

bglatzer@nixonpeabody.com

MATTHEW J. FRANKEL, State Bar No. 256633 

mfrankel@nixonpeabody.com

NIXON PEABODY LLP

One Embarcadero Center, 18th Floor 

San Francisco, California 94111-3600 

Telephone: (415) 984-8200 

Fax: (415) 984-8300 

Attorneys for Defendants 

KAISER FOUNDATION HEALTH PLAN, INC., 

KAISER FOUNDATION HOSPITALS, and 

THE PERMANENTE MEDICAL GROUP 

ANDREW H. BAKER, State Bar No. 104197 

abaker@beesontayer.com

BEESON, TAYER & BODINE, APC 

1404 Franklin Street, 5th Floor 

Oakland, CA 94612-3208 

Telephone: (510) 625-9700 

Fax: (510) 625-8275 

Attorneys for Plaintiff 

ENGINEERS AND SCIENTISTS OF CALIFORNIA, IFPTE LOCAL 20 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ENGINEERS AND SCIENTISTS OF 

CALIFORNIA, IFPTE LOCAL 20, 

Plaintiff, 

v. 

KAISER FOUNDATION HEALTH PLAN, 

INC., KAISER FOUNDATION HOSPITALS, 

and the KAISER PERMANENTE MEDICAL 

GROUPS, 

Defendants. 

Case No. C09-02598 CRB 

STIPULATION OF DISMISSAL OF 

ACTION WITH PREJUDICE AND 

[PROPOSED] ORDER

[F.R.C.P. 41(a)(1)] 

 

/ / / 

/ / / 

Case 3:09-cv-02598-CRB Document 37 Filed 06/22/10 Page 1 of 2
JOINT STATUS REPORT – CASE NO. C09-02598 CRB 13029576.1 

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IT IS HEREBY STIPULATED by and between Plaintiff ENGINEERS AND SCIENTISTS 

OF CALIFORNIA, IFPTE LOCAL 20, on the one hand, and Defendants KAISER FOUNDATION 

HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, and THE PERMANENTE 

MEDICAL GROUP, on the other hand, through their designated counsel, that the above-captioned 

action be and hereby is dismissed with prejudice, with each party to bear its own costs and attorneys’ 

fees. 

DATED: June 21, 2010 

Respectfully submitted, 

BEESON, TAYER & BODINE, APC 

By: /s/ Andrew H. Baker_______________

ANDREW H. BAKER 

Attorneys for Plaintiff 

ENGINEERS AND SCIENTISTS OF 

CALIFORNIA, IFPTE LOCAL 20 

DATED: June 21, 2010 NIXON PEABODY LLP

By: /s/ Matthew J. Frankel_____________ 

BONNIE GLATZER 

MATTHEW J. FRANKEL 

Attorneys for Defendants 

KAISER FOUNDATION HEALTH PLAN, INC., 

KAISER FOUNDATION HOSPITALS, and 

THE PERMANENTE MEDICAL GROUP 

I hereby certify, under penalty of perjury under the laws of the United States, that I have 

received permission from Andrew H. Baker to affix his electronic signature hereto and to e-file this 

document. 

 /s/ Matthew J. Frankel

 Matthew J. Frankel 

Attorney for Defendants 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: ___________________________ _______________________________________ 

 U.S. District Judge Charles R. Breyer 

June 21, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-02598-CRB Document 37 Filed 06/22/10 Page 2 of 2
EXHIBIT 32.1

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


      In connection with the quarterly report of RoomLinX,  Inc. (the "Company")
on Form  10-QSB  for the  quarter  ended  September  30,  2004  filed  with  the
Securities and Exchange  Commission (the "Report"),  I, Aaron  Dobrinsky,  Chief
Executive Officer of the Company,  certify,  pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Report fully  complies  with the  requirements  of Section  13(a) of the
Securities Exchange Act of 1934, and

(2) the  information  contained in the Report fairly  presents,  in all material
respects,  the financial  condition of the Company as of the dates presented and
results of operations of the Company for the periods presented.



Dated:  November 19, 2004

                                       /s/ Aaron Dobrinsky
                                       ------------------------------------
                                       Aaron Dobrinsky
                                       Chief Executive Officer
                                       RoomLinX, Inc


This  certification  has been  furnished  solely  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
Document

Exhibit 4.10

FIRST AMENDMENT TO THE
CARDINAL HEALTH 401(K) SAVINGS PLAN
FOR EMPLOYEES OF PUERTO RICO
(As Amended and Restated January 1, 2020)


Background Information


A.    Cardinal Health, Inc. (“Cardinal Health”) previously adopted and currently maintains the Cardinal Health 401(k) Savings Plan for Employees of Puerto Rico (the “Plan”) for the benefit of eligible employees of Cardinal Health and its subsidiaries and affiliates.


B.    Section 11.02 of the Plan provides that the Plan may be amended at any time through a written resolution adopted or approved by the Financial Benefit Plans Committee (“FBPC”) with respect to any amendment that, when aggregated with any other amendment or amendments approved on the same date, is reasonably expected to have an annual financial impact on Cardinal Health of $5 million or less.


C.    The FBPC has concluded that the amendment set forth below, when aggregated with any other amendments set to be approved on the same date, is reasonably expected to have an annual financial impact on Cardinal Health of less than $5 million.


D.    The FBPC desires to amend the Plan’s definition of “Highly Compensated Employee” to conform to the relevant definitions under the Internal Revenue Code for a New Puerto Rico.


Amendment of the Cardinal Health 401(k) Savings Plan for Employees of Puerto Rico


The Plan is hereby amended as set forth below, effective as of the dates indicated.


1.    Effective as of February 8, 2017, Section 1.18 of the Plan is hereby amended in its entirety to read as follows:


“Section 1.18    Highly Compensated Employee.  For purposes of the limitations on Compensation Deferral Contributions set forth in Section 3.10 of the Plan, an Employee who (i) owns more than five (5) percent of the stock entitled to vote or of the total value of all classes of stock of the Employer, (ii) owns more than five (5) percent of the capital or a five (5) percent interest in the profits of the Employer, or (iii) had compensation for the preceding taxable year from the Employer in excess of the applicable limit determined for such taxable year under Code Section 1081.01(d)(3)(E)(iii)(III).  For purposes of determining whether an Employee owns more than five (5) percent of the stock, capital or profits of the Employer, the controlled group, group of related entities and affiliated service group provisions under Code Sections 1010.04, 1010.05 and 1081.01(a)(14)(D) shall apply.”


2.    All other provisions of the Plan shall remain in full force and effect.












CARDINAL HEALTH, INC.
FINANCIAL BENEFIT PLANS COMMITTEE


By:  /s/ Kendell Sherrer            


Its:  VP, Benefits                


Date:  June 15, 2020
**Exhibit 32.1**
 
 **CERTIFICATION**
 
 In connection with the periodic report of Delta Financial Corporation (the Company) on Form 10-Q for the period ended September 30, 2004 as filed with the Securities and Exchange Commission (the Report), I, Hugh Miller, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:
 
 1.
The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods indicated. 
 This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.
  
 Date:  November 10, 2004
 
 
 
 
 
 Hugh Miller
 *President and Chief Executive Officer*
### §591a. Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.

For the purpose of avoiding an unduly high operation and maintenance assessment in any one year and to keep the operation and maintenance charges in connection with the Arrowrock Division of the Boise reclamation project within the ability of the water users to pay, the Secretary of the Interior is authorized to allow the irrigation districts of the said Arrowrock Division and the irrigation districts ditch companies, and water users who have assumed obligations to pay proportionate parts of the estimated cost of the operation and maintenance of the Arrowrock Reservoir, to pay the costs, as determined conclusively by said Secretary, incurred in the repair, resurfacing, and improvement of the Arrowrock Dam and in increasing the height thereof (to provide additional capacity to offset past and, to some extent, future losses of capacity resulting from the deposit of silt in the said reservoir) in twenty annual installments instead of requiring the payment of all of such operation and maintenance costs in one year as provided in section 492 of this title: Provided, That such costs, for the purpose of any amendatory contracts affecting the construction charges of Arrowrock Dam that may be entered into as authorized by subchapter X of this chapter, may, in the discretion of the Secretary, be treated as part of the construction charges of said dam, and as payable in the same manner as such charges.

(Apr. 22, 1940, ch. 132, 54 Stat. 155.)

#### **Editorial Notes**

#### References in Text

Subchapter X (§485 et seq.) of this chapter, referred to in text, was in the original a reference to act of Aug. 4, 1939 (53 Stat. 1187), which is known as the Reclamation Project Act of 1939, and which enacted subchapter X of this chapter, sections 375a, 380a, and 387 to 389 of this title, and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables.
**EXHIBIT99.5**

 

**CONSENTOF INDEPENDENT ENGINEERS**

 

Wehereby consent to the use of and reference to our name and our reports, and the inclusion of information derived from our reports,evaluating Vermilion Energy Inc.’s petroleum and natural gas reserves as at December 31, 2011, in this Annual Report onForm 40-F of Vermilion Energy Inc.

 

Yoursvery truly,

 

*(“GLJPetroleum Consultants Ltd.”)*

 

GLJPetroleum Consultants Ltd.

4100,400 - 3rd Avenue S.W.,

Calgary,Alberta, Canada T2P 4H2

(403)266-9500 Fax (403) 262-1855

 

March12, 2012
### §364. District of Columbia account, transfer of funds to railroad unemployment insurance account

The Secretary of the Treasury is authorized and directed to transfer from the account of the District of Columbia in the unemployment trust fund to the railroad unemployment insurance account in the unemployment trust fund, an amount equal to the "preliminary amount" and an amount equal to the "liquidating amount", whenever such amounts, respectively, have been determined, with respect to the District of Columbia, pursuant to section 363 of this title.

(June 25, 1938, ch. 680, §14(b), 52 Stat. 1113.)
Materials Not Included in

Airworthiness Directive (AD) Docket

Docket Number: FAA- 2011-1417

Directorate Identifier: 2011NM159AD

AIR CRUISERS 777 107-25-30 --- 9/30/10

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
Exhibit 32.1
                                  CERTIFICATION

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


In connection with the Annual Report of Eastern Light Capital, Incorporated (the
"Company") on Form 10-Q for the period ending March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
J. Wrensen, Chief Executive Officer and President of the Company, and I, Andrea
Barney, Principal Accounting Officer and Controller of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully compiles 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 result of operations of
          the Company.


Date: May 18, 2009
                                     /s/ Richard J. Wrensen
                                     ----------------------
                                     Richard J. Wrensen
                                     President, Chief Executive Officer and
                                     Chief Financial Officer


                                     /s/ Andrea Barney
                                     ----------------------
                                     Andrea Barney
                                     Principal Accounting Officer and Controller