alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                    EXHIBIT 10.2


         This ASSUMPTION AND AMENDMENT TO CHANGE IN CONTROL AGREEMENT is entered
into effective as of May 22, 2002, by and among EQUITY OFFICE PROPERTIES
MANAGEMENT CORP., a Delaware corporation ("EOPMC"); EQUITY OFFICE PROPERTIES
TRUST, a Maryland real estate investment trust (the "Trust"); EOP OPERATING
LIMITED PARTNERSHIP, a Delaware limited partnership ("EOP Partnership"); and
PETER H. ADAMS (the "Executive").

                                    RECITALS

         Reference is made to a certain Change in Control Agreement dated as of
September 1, 2001, by and among EOPMC, the Trust and Executive (the "Change In
Control Agreement").

         The parties wish to amend the Change in Control Agreement as
hereinafter described.

                             Statement of Agreement

         Therefore, for value received, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto do hereby enter into this Assumption and
Amendment to Change in Control Agreement providing as follows:

1. EOP Partnership, being both the sole shareholder of EOPMC and the current
employer of Executive, does hereby expressly assume, from and after January 1,
2002, all obligations of Employer set forth in the Change in Control Agreement
as if were named therein as the Employer for the period from and after such
date. In consideration for such assumption, EOPMC is hereby released from any
and all future liability under or pursuant to the Change in Control Agreement.










                                       50
<PAGE>
2. Section 2.5(e) of the Change in Control Agreement shall be modified to read
   as follows:


         (f)      The appointment after May 22, 2002 of a new Chief Executive
                  Officer for the Trust; and

   ; the paragraph currently identified as Section 2.5(e) shall be re-numbered
   as Section 2.5(f).

3. Except as aforesaid, the original terms and conditions of the Change in
   Control Agreement are hereby re-affirmed and agreed to continue in full force
   and effect.

EQUITY OFFICE PROPERTIES               EOP OPERATING LIMITED PARTNERSHIP
MANAGEMENT CORP
                                       By: Equity Office Properties Trust,
By:  /s/ STANLEY M. STEVENS                Its General Partner
   ------------------------------
Its: Executive Vice President
     ----------------------------

                                       By: /s/ SAMUEL ZELL
                                           -------------------------------
EQUITY OFFICE PROPERTIES TRUST             Samuel Zell
                                           President and Chief Executive
                                           Officer


By: /s/ SAMUEL ZELL                        /s/ PETER H. ADAMS
   ------------------------------          -------------------------------
    Samuel Zell                            Peter H. Adams
    President and Chief Executive
    Officer












                                       51
### §1841. Definitions

As used in this subchapter:

(1) The terms "foreign power", "agent of a foreign power", "international terrorism", "foreign intelligence information", "Attorney General", "United States person", "United States", "person", and "State" shall have the same meanings as in section 1801 of this title.

(2) The terms "pen register" and "trap and trace device" have the meanings given such terms in section 3127 of title 18.

(3) The term "aggrieved person" means any person—

(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or

(B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses.

(4)(A) The term "specific selection term"—

(i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and

(ii) is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device.

(B) A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that—

(i) identifies an electronic communication service provider (as that term is defined in section 1881 of this title) or a provider of remote computing service (as that term is defined in section 2711 of title 18), when not used as part of a specific identifier as described in subparagraph (A), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the use; or

(ii) identifies a broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code, when not used as part of a specific identifier as described in subparagraph (A).

(C) For purposes of subparagraph (A), the term "address" means a physical address or electronic address, such as an electronic mail address or temporarily assigned network address (including an Internet protocol address).

(D) Nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of subparagraph (A).

(Pub. L. 95–511, title IV, §401, as added Pub. L. 105–272, title VI, §601(2), Oct. 20, 1998, 112 Stat. 2404; amended Pub. L. 114–23, title II, §201(b), June 2, 2015, 129 Stat. 277.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 401 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

#### Amendments

2015—Par. (4). Pub. L. 114–23 added par. (4).
### SUBCHAPTER III—ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS
#### The People of the State of New York, Respondent, v John Rizzo, Appellant.

Judgment of the Supreme Court, Queens County, rendered May 16, 1977, affirmed. No opinion. This case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Hopkins, J. P., Titone, Suozzi and Margett, JJ., concur.
EXHIBIT 31.1 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
               RULE 13a-14(a)


I, Todd Axelrod, certify that:
1. I have reviewed this annual report on Form 10-KSB of Gallery of
History, Inc.;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to
make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by
this annual report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over
financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:

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 annual report is being prepared;

b) 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 annual period
covered by this report based on such evaluation; and

c) disclosed in this annual report any change in the registrant's internal
control over financial reporting that occurred during the registrant's fourth
quarter that has materially affected, or is reasonably likely to materially
affect, the registrant's internal control over financial reporting;

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls.

Date:  December 28, 2005         /s/ TODD AXELROD
                                 _______________________
                                 Todd Axelrod
                                 Chief Executive Officer
EXHIBIT 4.1

                                   RESOLUTIONS

     WHEREAS, the Company is indebted to the members of its Board of Directors
for services rendered and expenses incurred in connection with the business of
the Company.

RESOLVED, that in payment for past due fees and expenses to the members of the
Board of Directors and in lieu of cash the Company hereby grants each Director
50,000 shares of the Company's common stock, valued at $.20 per share, to be
registered in a registration statement on Form S-8 to be filed with the
Securities and Exchange Commission ("SEC") promptly after the Company becomes
current in all if its filing obligations under the Securities Exchange Act of
1934 (the "Exchange Act").
[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Page 81207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27491]


-----------------------------------------------------------------------

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Temporary Suspension of In-Person Hearings

AGENCY: Federal Mine Safety and Health Review Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Mine Safety and Health Review Commission (the 
``Commission'') is suspending all in-person hearings, settlement judge 
conferences, and mediations until May 31, 2021.

DATES: Applicable: December 9, 2020.

FOR FURTHER INFORMATION CONTACT: Sarah Stewart, Deputy General Counsel, 
Office of the General Counsel, Federal Mine Safety and Health Review 
Commission, at (202) 434-9935.

SUPPLEMENTARY INFORMATION: In view of the risks presented by the novel 
coronavirus COVID-19, the Commission's Office of the Chief 
Administrative Law Judge (``OCALJ'') is, effective December 9, 2020, 
suspending all in-person hearings, settlement judge conferences, and 
mediations until May 31, 2021.
    At the discretion of the presiding administrative law judge and in 
coordination with the parties, hearings may proceed by videoconference 
or by telephone. Similarly, settlement judge conferences and mediations 
may be held by videoconference or by telephone. If the parties agree 
that an evidentiary hearing is not needed, cases may also be presented 
for a decision on the record.
    The parties will be notified if the hearing needs to be 
rescheduled. OCALJ will reassess the risks presented by in-person 
hearings prior to May 31, 2021, and issue a subsequent order informing 
the public as to whether the suspension of in-person hearings will 
continue.
    The presiding administrative law judge may be contacted with 
questions regarding this notice.

    Authority: 30 U.S.C. 823.

    Dated: December 9, 2020.
Sarah L. Stewart,
Deputy General Counsel, Federal Mine Safety and Health Review 
Commission.
[FR Doc. 2020-27491 Filed 12-14-20; 8:45 am]
BILLING CODE 6735-01-P
#### § 56.16009 Suspended loads.

Persons shall stay clear of suspended loads.
### [§§334, 335. Repealed. Pub. L. 103–272, §4(j)(9)(A), July 5, 1994, 108 Stat. 1367]

Section 334, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–223, title III, §304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–690, title VII, §7207(c)(3), Nov. 18, 1988, 102 Stat. 4428, related to a limit on aviation charges. See section 45301 of this title.

Section 335, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2430, authorized appropriations to the Secretary of Transportation for fiscal years ending Sept. 30, 1983, and Sept. 30, 1984.
(June 7, 1960)

#### Dora Rubinstein et al., Respondents, v. Pennsylvania Railroad Company et al., Appellants, and Bernard H. Cantor, Respondent.

Judgment appealed from is reversed on the law, upon the facts and in the exercise of dis*641cretion and a new trial ordered, with costs to appellants. Conduct of counsel during the trial added to the confused atmosphere and precluded a trial fair to either plaintiffs or defendants. While the criticism in the main is directed to plaintiffs’ counsel, defendants’ counsel cannot escape entirely this criticism. Trial tactics which appear calculated to influence the jury by considerations which are not legitimately before them, side remarks to the jury on the conduct of opposing counsel, the witnesses, or improper comments on and unfair characterization of testimony as it is given will not be condoned. It is unfortunate that this conduct requires a new trial in the interest of justice. *(Kolilmamn*v. *Gity of New York,*8 A D 2d 598.) Concur — Botein, P. J., Breitel, Stevens and Bergan, JJ.; M. M. Frank, J. deceased. [20 Misc 2d 575.]
### §30170. Criminal Penalties

(a) Criminal Liability for Falsifying or Withholding Information.—

(1) General rule.—A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an individual (as defined in section 1365(g)(3) 1 of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both.

(2) Safe harbor to encourage reporting and for whistle blowers.—

(A) Correction.—A person described in paragraph (1) shall not be subject to criminal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) the person corrects any improper reports or failure to report within a reasonable time.

(B) Reasonable time and sufficiency of correction.—The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Secretary shall issue a final rule under this subparagraph within 90 days of the date of the enactment of this section.

(C) Effective date.—Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect.

(b) Coordination with Department of Justice.—The Attorney General may bring an action, or initiate grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation.

(Added Pub. L. 106–414, §5(b)(1), Nov. 1, 2000, 114 Stat. 1803.)

#### **Editorial Notes**

#### References in Text

Section 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107–307, §2(1), Dec. 2, 2002, 116 Stat. 2445.

The date of the enactment of this section, referred to in subsec. (a)(2)(B), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.

1 See References in Text note below.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

EFRAIN CARDENAS ALCARAS, 

Defendant-Appellant.

No. 18-50292 

D.C. No. 2:17-cr-00755-PSG-1 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Philip S. Gutierrez, District Judge, Presiding

Submitted May 21, 2019**

Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges. 

Efrain Cardenas Alcaras appeals from the district court’s judgment and 

challenges his guilty-plea conviction and 151-month sentence for conspiracy to 

distribute and to possess with intent to distribute cocaine, in violation of 21 U.S.C. 

§ 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Cardenas Alcaras’s 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAY 23 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-50292 

counsel has filed a brief stating that there are no grounds for relief, along with a 

motion to withdraw as counsel of record. We have provided Cardenas Alcaras the 

opportunity to file a pro se supplemental brief. No pro se supplemental brief or 

answering brief has been filed. 

Cardenas Alcaras waived his right to appeal his conviction, with the 

exception of an appeal based on a claim that his plea was involuntary. He also 

waived the right to appeal his sentence, provided the court imposed a total term of 

imprisonment of 151 months and 5 years of supervised release. Our independent 

review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses 

no arguable grounds for relief as to the voluntariness of Cardenas Alcaras’s plea. 

We therefore affirm as to that issue and dismiss the remainder of the appeal of the 

conviction and sentence in light of the valid appeal waiver. See United States v. 

Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.
(No. 92-CC-2109

#### Mary Louise Fuller, Claimant, *v.*Southern Illinois University and The Board of Trustees of Southern Illinois University, Respondents.

*Order filed January 6, 1994.*

McCann & Foley (Bruce W. Booker, of counsel), for Claimant.

Shari Rhode, for Respondents.

*433ORDER

Sommer, C.J.

This cause coming to be heard on the Respondents renewed motion to dismiss, due notice having been given, and this Court being fully informed finds:

(1) That a claim for damages for personal injury arising from the same accident was filed both in the Court of Claims and the Industrial Commission by the Claimant.

(2) That on March 26, 1993, an Industrial Commission arbitrator held that the Claimants injuries arose out of and in the course of the Claimants State employment, and an award was made.

(3) That no petition for review was filed, and the time for filing such has now passed.

(4) That the Workers’ Compensation Act, where it applies, is an exclusive remedy to recover damages for personal injury from an employer. 820 ILCS 305/5(a).

(5) That since the Claimant’s injuries have been finally determined by the Industrial Commission without objection to arise out of an accident which occurred in the course of her State employment, a negligence action for these same injuries against the State is barred. *Wills v. State*(1982), 35 Ill. Ct. Cl. 381.

It is therefore ordered that the Respondent’s motion to dismiss is granted and this claim is dismissed.
1

SOUTHWEST TECHNOLOGY INNOVATIONS v. SYMANTEC CORP, Case No. 3:09-CV-01063-MMC 

[proposed] Order Granting Withdrawal of Counsel

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MATTHEW G. MCANDREWS (pro hac vice)

KARA SZPONDOWSKI (pro hac vice)

TAHITI ARSULOWICZ (pro hac vice)

NIRO, HALLER & NIRO 

181 W. Madison St., Suite 4600 

Chicago, Illinois 60602 

Phone: (312) 236-0733 

Fax: (312) 236-3137 

E-mail: mmcandrews@nshn.com 

E-mail: arsulowicz@nshn.com 

GARY S. FERGUS 

FERGUS, A LAW OFFICE 

595 Market Street, Suite 2430 

San Francisco, California 94105 

Phone: (415) 537-9032 

Fax: (415) 537-9038 

E-mail: gfergus@ferguslegal.com 

Attorneys for Plaintiff 

Southwest Technology Innovations, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SOUTHWEST TECHNOLOGY 

INNOVATIONS, LLC, 

 Plaintiff, 

v.

SYMANTEC CORPORATION, 

 Defendant. 

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Case No. 3:09-CV-01063-MMC 

[PROPOSED] ORDER GRANTING 

WITHDRAWAL OF COUNSEL FOR 

SOUTHWEST TECHNOLOGY 

INNOVATIONS LLC 

For good cause appear, IT IS HEREBY ORDERED THAT Matthew G. McAndrews is 

permitted to withdraw as counsel for Southwest Technology Innovations, LLC, in this matter. 

Southwest Technology Innovations, LLC will continue to be represented by in this case by counsel 

from the firms of Niro, Haller & Niro and Fergus, A Law Office. 

IT IS SO ORDERED. 

Date: July ___, 2010 

United States District Judge 

The Honorable Maxine M. Chesney

7

/s/ Vaughn R Walker for

Case 3:09-cv-01063-MMC Document 118 Filed 07/08/10 Page 1 of 1