alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.6
                                                                    ------------

                  AMENDMENT NUMBER FIVE TO EMPLOYMENT AGREEMENT


This Amendment between Louis P. Scheps ("Mr. Scheps") and CAS Medical Systems,
Inc. ("CAS") amends an Employment Agreement, dated as of September 1, 1993,
between Mr. Scheps and CAS, as amended prior to the date hereof (the
"Agreement"). Except as otherwise specifically provided in this Amendment, the
Agreement remains in full force and effect.

1.   Term

     The first two sentences of Section I of the Agreement are deleted and the
     following is substituted in their place:

     "Mr. Scheps is employed by CAS as President and Chief Executive Officer,
     and shall serve as a director of CAS if so elected by CAS' stockholders, in
     each case through August 31, 2005.

2.   Compensation

     Section 2 of the Agreement is modified to reflect an annual salary of
     $262,500.

3.   Termination

     The following replaces in its entirety that portion of Section 3 of the
     Agreement added by the September 1998 Amendment Number 1 of the Agreement:


          "If a Change of Control (as hereinafter defined) occurs, and upon such
          Change of Control occurring, this Agreement is not extended for a
          period of one year following the stated termination date of this
          Agreement, then Mr. Scheps shall be paid a lump sum of $262,500 on
          such stated termination date."

          If a Change of Control occurs and Mr. Scheps' employment terminates
          for any reason after such Change of Control occurs, including
          termination by Mr. Scheps, Mr. Scheps will be paid a lump sum of
          $262,500 within ten (10) days of such termination.

          "Change of Control" means (i) a sale of all or substantially all of
          CAS' assets, (ii) a merger involving CAS in which CAS is not the
          survivor and the CAS stockholders prior to the merger control less
          than fifty percent of the voting stock of the surviving entity, (iii)
          a sale by the CAS stockholders to an acquirer or acquirers action in
          concert of more than a majority of the then outstanding stock of CAS
          owned by the CAS stockholders, or (iv) any event similar to any of the
          foregoing.

     IN WITNESS of the foregoing, the parties have executed this Amendment as of
     September 1, 2004.


CAS MEDICAL SYSTEMS, INC.


By: /s/ Jerome Baron                      By: /s/ Louis P. Scheps
    ----------------------------              -----------------------------
    Jerome Baron                              Louis P. Scheps



By: /s/ Lawrence S. Burstein              By: /s/ Saul S. Milles, M.D.
    ----------------------------              -----------------------------
    Lawrence S. Burstein                      Saul S. Milles, M.D.
### §7507. New motor vehicle emission standards in nonattainment areas

Notwithstanding section 7543(a) of this title, any State which has plan provisions approved under this part may adopt and enforce for any model year standards relating to control of emissions from new motor vehicles or new motor vehicle engines and take such other actions as are referred to in section 7543(a) of this title respecting such vehicles if—

(1) such standards are identical to the California standards for which a waiver has been granted for such model year, and

(2) California and such State adopt such standards at least two years before commencement of such model year (as determined by regulations of the Administrator).

Nothing in this section or in subchapter II of this chapter shall be construed as authorizing any such State to prohibit or limit, directly or indirectly, the manufacture or sale of a new motor vehicle or motor vehicle engine that is certified in California as meeting California standards, or to take any action of any kind to create, or have the effect of creating, a motor vehicle or motor vehicle engine different than a motor vehicle or engine certified in California under California standards (a "third vehicle") or otherwise create such a "third vehicle".

(July 14, 1955, ch. 360, title I, §177, as added Pub. L. 95–95, title I, §129(b), Aug. 7, 1977, 91 Stat. 750; amended Pub. L. 101–549, title II, §232, Nov. 15, 1990, 104 Stat. 2529.)

#### **Editorial Notes**

#### Amendments

1990—Pub. L. 101–549 added sentence at end prohibiting States from limiting or prohibiting sale or manufacture of new vehicles or engines certified in California as having met California standards and from taking any actions where effect of those actions would be to create a "third vehicle".
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1741

WILLIAM W. HAMMONDS, Petitioner, versus ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (97-1015-BLA) Submitted: July 21, 1998 Decided: August 5, 1998 Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. William W. Hammonds, Petitioner Pro Se. Mary Rich Maloy, JACKSON & KELLY, Charleston, West Virginia; Christina P. Barber, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Petitioner seeks review of the Benefits Review Board’s decision and order and order on reconsideration affirming the administrative law judge’s denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp.1998). Our review of therecord discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board. Hammonds v. Island Creek Coal Co. No. 97-1015-BLA (B.R.B. Mar. 31 & May 6, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<Page>

                                                                      EXHIBIT 24

                                POWER OF ATTORNEY

     We, the undersigned directors of Questar Pipeline Company, hereby severally
constitute D. N. Rose and S. E. Parks, and each of them acting alone, our true
and lawful attorneys, with full power to them and each of them to sign for us,
and in our names in the capacities indicated below, the Annual Report on Form
10-K for 2001 and any and all amendments to be filed with the Securities and
Exchange Commission by Questar Pipeline Company, hereby ratifying and confirming
our signatures as they may be signed by the attorneys appointed herein to the
Annual Report on Form 10-K for 2001 and any and all amendments to such Report.

     Witness our hands on the respective dates set forth below.

<Table>
<Caption>
     SIGNATURE                          TITLE                     DATE
     ---------                          -----                     ----
<S>                              <C>                             <C>
/s/ R. D. Cash                   Chairman of the Board           2-9-02
-------------------------                                        ------
R. D. Cash

/s/ K. O. Rattie                     Vice Chairman               2-9-02
-------------------------                                        ------
K. O. Rattie

/s/ D. N. Rose                   President and Chief             2-9-02
-------------------------         Executive Officer              ------
D. N. Rose                            Director

/s/ U. Edwin Garrison                   Director                 2-9-02
-------------------------                                        ------
U. Edwin Garrison

/s/ Scott S. Parker                     Director                 2-9-02
-------------------------                                        ------
Scott S. Parker
</Table>
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                          21,658
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                34,800
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    119,710
<INVESTMENTS-CARRYING>                          30,303
<INVESTMENTS-MARKET>                            32,074
<LOANS>                                        314,575
<ALLOWANCE>                                      3,741
<TOTAL-ASSETS>                                 535,975
<DEPOSITS>                                     436,256
<SHORT-TERM>                                    24,293
<LIABILITIES-OTHER>                              2,640
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,710
<OTHER-SE>                                      56,076
<TOTAL-LIABILITIES-AND-EQUITY>                 535,975
<INTEREST-LOAN>                                 29,042
<INTEREST-INVEST>                                9,371
<INTEREST-OTHER>                                 1,332
<INTEREST-TOTAL>                                39,745
<INTEREST-DEPOSIT>                              12,916
<INTEREST-EXPENSE>                              14,194
<INTEREST-INCOME-NET>                           25,551
<LOAN-LOSSES>                                      800
<SECURITIES-GAINS>                                  10
<EXPENSE-OTHER>                                 13,488
<INCOME-PRETAX>                                 15,601
<INCOME-PRE-EXTRAORDINARY>                      15,601
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,082
<EPS-PRIMARY>                                     2.17
<EPS-DILUTED>                                     2.17
<YIELD-ACTUAL>                                    8.42
<LOANS-NON>                                      2,516
<LOANS-PAST>                                     1,445
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 3,546
<CHARGE-OFFS>                                      868
<RECOVERIES>                                       263
<ALLOWANCE-CLOSE>                                3,741
<ALLOWANCE-DOMESTIC>                             2,638
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,103
        

</TABLE>
Editorial Note on Part 783
Editorial Note: At 82 FR 54956, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 783 made effective on Jan. 19, 2017, at 81 FR 93330, Dec. 20, 2016.

§ 783.18 Climatological information. ( a ) When requested by the regulatory authority, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including— ( 1 ) The average seasonal precipitation;
( 2 ) The average direction and velocity of prevailing winds; and
( 3 ) Seasonal temperature ranges.
( b ) The regulatory authority may request such additional data as deemed necessary to ensure compliance with the requirements of this subchapter.
[44 FR 15363, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980; 81 FR 93330, Dec. 20, 2016; 82 FR 54956, Nov. 17, 2017]
#### § 7.309 Approval marking.

Each approved motor assembly shall be identified by a legible and permanent approval plate inscribed with the assigned MSHA approval number and a warning statement as specified in § 7.306(d) of this part. The plate shall be securely attached to the motor assembly in a manner that does not impair any explosion-proof characteristics.
Exhibit 8.1

Significant Subsidiaries

Significant subsidiary undertakings as at December 31, 2001.

                                Country of             Ownership as of
Subsidiary                    Incorporation           December 31, 2001
----------                    -------------           -----------------

Dynea B.V.                     Netherlands                   100%
Dynea Austria GmbH             Austria                       100%
Dynea Singapore PT Ltd         Singapore                     100%
Dyno Nederland BV              Netherlands                   100%
Dynea ASA                      Norway                        100%
Dynea NZ Ltd                   New Zealand                   100%
Dynea NV                       Belgium                       100%
Dynea Ireland Ltd              Ireland                       100%
Dynea Overlays Oy              Finland                       100%
Dynea Chemicals Oy             Finland                       100%
PT Dyno Indria                 Indonesia                     51%
Dynea Canada Inc.              Canada                        100%
Dynea U.S.A. Inc               USA                           100%
Dynea Overlays WI Inc          USA                           100%
<TABLE> <S> <C>

<ARTICLE>   5
<LEGEND>
THE  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION   EXTRACTED  FROM  THE
CONSOLIDATED  FINANCIAL STATEMENTS (UNAUDITED) OF DOUGHTIE'S FOODS, INC. FOR THE
SIX MONTHS ENDED JUNE 27, 1998, 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-26-1998
<PERIOD-START>                                 DEC-28-1997
<PERIOD-END>                                   JUN-27-1998
<CASH>                                                  29
<SECURITIES>                                             0
<RECEIVABLES>                                        9,471
<ALLOWANCES>                                           763
<INVENTORY>                                          4,757
<CURRENT-ASSETS>                                    14,085
<PP&E>                                               6,303
<DEPRECIATION>                                       3,651
<TOTAL-ASSETS>                                      16,847
<CURRENT-LIABILITIES>                                4,231
<BONDS>                                              3,436
<COMMON>                                             1,495
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<OTHER-SE>                                           7,685
<TOTAL-LIABILITY-AND-EQUITY>                        16,847
<SALES>                                             42,296
<TOTAL-REVENUES>                                    42,296
<CGS>                                               35,407
<TOTAL-COSTS>                                       41,503
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     100
<INCOME-PRETAX>                                        693
<INCOME-TAX>                                           260
<INCOME-CONTINUING>                                    433
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           433
<EPS-PRIMARY>                                          .29
<EPS-DILUTED>                                          .29
        

</TABLE>
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.705-5 Installation of protective equipment.

Before repair work on energized high-voltage surface lines is begun, protective equipment shall be used to cover all bare conductors, ground wires, guys, telephone lines, and other attachments in proximity to the area of planned repairs. Such protective equipment shall be installed from a safe position below the conductors or other apparatus being covered. Each rubber protective device employed in the making of repairs shall have a dielectric strength of 20,000 volts, or more.
Exhibit 10.4

November 27, 2002.


Phone1, Inc., Phone1Globalwide, Inc. and
Globaltron Communications Corporation
100 North Biscayne Blvd, Suite 2500
Miami, Florida 33132


Ladies and Gentlemen:

         We refer to the Loan Agreement (the "Loan Agreement") dated September
30, 2002, among Phone1, Inc. ("Phone1"), Phone1Globalwide, Inc. ("Global"),
Globaltron Communications Corporation ("GCC") and GNB Bank Panama S.A. ("GNB").
Capitalized terms not otherwise defined herein shall have the meaning ascribed
to them in the Loan Agreement.

         We hereby advise you that we are not exercising our right to call an
earlier maturity of the Loan based upon the failure of Phone1, Global or GCC to
receive prior to November 30, 2002, a loan from any person in an amount of at
least US$5,000,000, as provided in Section 2.8 of the Loan Agreement.

         Except as provided herein, this letter agreement shall not have any
effect on any other term or provision of the Loan Agreement, which shall
continue to remain in full force and effect in accordance with its terms.

         This letter agreement shall be governed by and construed in accordance
with the laws of the State of New York, without regard to conflict of law
principles. In the event of any claim or dispute in respect to the subject
matter hereof or the rights or obligations of the parties hereto, all actions or
proceedings must be exclusively brought in the United States District Court for
the Southern District of New York or if such Court lacks subject matter
jurisdiction, in the Supreme Court of the State of New York, County of New York.
Each party waives the right to object to the exclusive jurisdiction of either of
such Court or the right to object to the venue of such Court or that such Court
is an inconvenient forum. Nothing in this letter agreement shall be deemed to
constitute a general consent to service of process or the in personam
jurisdiction of the United States District Court for the Southern District of
New York, County of New York or the Supreme Court of the State of New York for
legal actions or proceedings not related to the transactions contemplated by
this letter agreement.

<PAGE>

         This letter agreement is binding upon, and shall inure to the benefit
of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.

         If you are in agreement with the terms of this letter agreement, please
so indicate by signing in the space provided below.


                                                  Very truly yours,


                                                  GNB BANK (PANAMA) S.A.


                                                  By: /s/ Camilo Verastegui
                                                  Name:  Camilo Verastegui
                                                  Title:  General Manager

Agreed and acknowledged:


PHONE1, INC.


By: /s/ Syed Naqvi
Name:  Syed Naqvi
Title: Chief Financial Officer


PHONE1GLOBALWIDE, INC.


By: /s/ Syed Naqvi
Name:  Syed Naqvi
Title: Chief Financial Officer


GLOBALTRON COMMUNICATIONS CORPORATION


By: /s/ Syed Naqvi
Name:  Syed Naqvi
Title: Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE LIFECORE
BIOMEDICAL, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX
MONTHS ENDED DECEMBER 31, 1996.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       1,440,000
<SECURITIES>                                32,843,000
<RECEIVABLES>                                3,283,000
<ALLOWANCES>                                   311,000
<INVENTORY>                                  8,826,000
<CURRENT-ASSETS>                            32,964,000
<PP&E>                                      13,990,000
<DEPRECIATION>                               4,899,000
<TOTAL-ASSETS>                              62,431,000
<CURRENT-LIABILITIES>                        3,782,000
<BONDS>                                      7,070,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       124,000
<OTHER-SE>                                  51,455,000
<TOTAL-LIABILITY-AND-EQUITY>                62,431,000
<SALES>                                      8,252,000
<TOTAL-REVENUES>                             8,252,000
<CGS>                                        4,609,000
<TOTAL-COSTS>                               10,206,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             335,000
<INCOME-PRETAX>                            (1,197,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,197,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,197,000)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)
        

</TABLE>