alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
EXHIBIT 10.76

                  [LETTERHEAD OF ABM INDUSTRIES INCORPORATED]

October 10, 2002

James P. McClure
78 Van Tassel Lane
Orinda, CA 94563

Re: First Amendment ("Amendment") of Division Executive Employment Agreement
("Agreement")

Dear Jim:

Your employment Agreement effective November 1, 2001 is hereby modified as
follows:

PARAGRAPH B. TITLE shall be amended as of September 10, 2002 in its entirety to
read:

         "Executive's title shall be President of Company and Executive Vice
         President of ABM Industries Incorporated, Company's parent Corporation
         ("ABM"), subject to modification as mutually agreed upon by both
         Company and Executive."

PARAGRAPH C. DUTIES AND RESPONSIBILITES shall be amended in its entirely to
read:

         "Executive shall report to and be accountable to and shall be expected
         to assume and perform such executive or managerial duties and
         responsibilities as are assigned to Executive from time-to time by the
         Chairman of the Board (with regard to Company matters) and by the
         President and Chief Executive Officer of ABM (with regard to ABM
         matters) or their respective designees or successors."

The effective date of this Amendment shall be September 10, 2002. In all other
respects, the Agreement shall remain unchanged. Please sign both copies of this
Amendment and return them to me at your earliest convenience. I shall return a
fully executed copy to you as soon as the necessary signatures are obtained.

Sincerely,

/s/ Donna M. Dell

Donna M. Dell

I AGREE TO THE FOLLOWING:

      /s/ James P. McClure                            /s/ Henrik Slipsager
--------------------------------                --------------------------------
          James P. McClure                                Henrik Slipsager

APPROVED:

________________________________
        Board of Director

New York Stock Exchange Symbol: ABM
|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in the Report fairly presents, in all material respects, the consolidated financial condition and results of operations of the Company and its subsidiaries. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Mark A. KleinMark A. Klein,President and Chief Executive Officer | /s/ Anthony V. CosentinoAnthony V. CosentinoExecutive Vice President and Chief Financial Officer |
|----------------------------------------------------------------------|--------------------------------------------------------------------------------------------------|
|                                                                 |                                                                                             |
| Dated:  March 31, 2011                                     | Dated:  March 31, 2011                                                                 |

| * | This certification is being furnished as required by Rule 13a-14(b) under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63 of Title 18 of the United States Code, and shall not be deemed “filed” for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that Section.  This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent the Company specifically incorporates it by reference in such filing. |
|---|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
Amendment to Employment Agreement with Frank F. Khulusi



 EXHIBIT 10.32 
 AMENDMENT TO EMPLOYMENT AGREEMENT 
 THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this
“Amendment”) is made and entered into as of December 28, 2005, by and between PC MALL, INC., a Delaware corporation, (the “Company”), and Frank F. Khulusi, an individual (“Executive”).

 RECITALS 
 WHEREAS, the Company and Executive entered into that certain Employment Agreement, effective January 1, 1995, setting forth the terms and conditions of Executive’s employment with the Company (the “Employment
Agreement”); 
 WHEREAS, the parties hereto mutually desire to amend the Employment Agreement as provided herein solely to
revise the Employment Agreement to make change of control payments automatically due upon the occurrence of a change of control rather than at the election of Executive in order to avoid an unintended excise tax upon the payment of any such change
of control amounts, which excise tax would have otherwise resulted without such amendment as a result of the adoption of new Internal Revenue Code Section 409A. 
 AGREEMENT 
 NOW, THEREFORE, in consideration of the foregoing and the mutual promises and
covenants contained in this Amendment, the parties hereto agree as follows: 
 1. The first sentence of Section 5 of the Employment
Agreement is hereby deleted. 
 2. The following language of the second sentence of Section 5 of the Employment Agreement is hereby
deleted: 
 “In the event that Executive terminates his employment pursuant to this Section 5 without Good Reason after a Change of
Control, he shall be entitled to receive a lump sum payment upon such termination...” 
 3. The following language shall replace the
deleted language described in item 2 above: 
 “In the event of a “Change of Control,” upon consummation of such “Change
of Control” this Employment Agreement shall terminate and Executive shall receive a lump sum payment ... 
 4. Except to the extent
specifically modified herein, the Employment Agreement remains in full force and effect. 
 5. This Amendment may be executed in one or more
counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each party hereto and delivered to the other party hereto, it being understood the parties need
not sign the same counterpart. 
  

 1 








 6. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the
Employment Agreement. 
 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above written.

  

			
	PC MALL, INC.
		
	By:	 	 /s/ Theodore R. Sanders

	Name:	 	Theodore R. Sanders
	Title:	 	Chief Financial Officer
	
	EXECUTIVE
	
	 /s/ Frank F. Khulusi

	Name:	 	Frank F. Khulusi

  

 2
§ 552.171 Compatible use. ( a ) Military unit commanders may request during initial scheduling or subsequent training event coordination that no permit holders be allowed in areas they have scheduled for training. If this restriction is granted, the Installation Range Control will close appropriate areas. The following military activities are considered incompatible with non-training access and automatically close affected areas: ( 1 ) Live-fire training events with danger zones extending into training areas.
( 2 ) Parachute and air assault operations.
( 3 ) Field Artillery firing. The numbered training area occupied by the weapons will be closed.
( 4 ) Training involving riot agents or smoke generating equipment.
( b ) The Installation Range Officer may also close training areas based on density of occupation by military units, unit size, or training to be conducted.
( c ) Areas allocated to modern firearm deer hunting are closed to both training and other recreational activities. At Fort Lewis, when pheasant release sites can be isolated by swamps, streams, or roads from the rest of a training area, multiple use of the affected training area (TA) is authorized.
EXHIBIT 32.1:

In connection with the annual report of Texas Vanguard oil Company, (the
"Company") on Form 10-K for the year ended December 31, 2010, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William G. Watson, the Principal Financial and Accounting 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 complies with the requirements of Section 13 (a) or 15 (d) of
the Securities Exchange Act of 1934; and

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


Date:  March 25, 2011

By/s/ William G. Watson
--------------------------
William G. Watson, President,
Principal Financial and Accounting Officer
1

NUMBER 13-16-00292-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ALFREDO ARANDA AGUIRRE, Appellant,

v.

VIRGINIA AGUIRRE, Appellee.

On Appeal from the 197th Court

of Cameron County, Texas.

ORDER

Before Justices Garza, Perkes, and Longoria

Order Per Curiam

Appellee’s counsel, Richard J.W. Nunez, has filed a motion to withdraw as 

counsel. We grant said motion. Pursuant to Rule 6.5(c) of the Texas Rules of Appellate 

Procedure, counsel is directed to notify appellee, in writing, of any previously undisclosed 
2

deadlines and file a copy of that notice with the Clerk of this Court. 

Appellee is directed to notify the Court promptly if she retains new counsel on 

appeal by filing a notice including that attorney’s name, mailing address, telephone 

number, facsimile number, email address, and State Bar of Texas identification number. 

See generally TEX. R. APP. P. 6. In the interim, the Court expects this appeal to proceed 

as per the appellate rules. Appellee is expected to comply with all applicable deadlines 

and filings should comply with the Texas Rules of Appellate Procedure. 

It is so ORDERED.

PER CURIAM

Delivered and filed this

7

th day of October, 2016.
#### In the Matter of Estelle Weisman, Appellant, v. Teachers’ Retirement Board of the City of New York et al., Respondents.

Order, entered on December 4,' 1963, unanimously affirmed, without costs. This determination is without prejudice to any proceeding petitioner may be advised to institute after the present proceedings before the board are completed. Concur — Botein, P. J., Breitel, Rabin, McNally and Eager, JJ.
Exhibit 12(a)

                             BNP U.S. FUNDING L.L.C.

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

                          (in thousands, except ratios)


                                                                 Three-month
                                                                 period ended
                                                                March 31, 2003
                                                                 (unaudited)
                                                                --------------

Net income                                                         $  6,251
                                                                    =======
Fixed charges
      Audit fees                                                          6
      Trustee fees                                                       39
      Administrative and consulting fees                                286
                                                                    -------
Total fixed charges                                                     331
                                                                    -------
Earnings before fixed charges                                      $  6,582

Fixed charges, as above                                                 331
                                                                    -------
Ratio of earnings to fixed charges                                    19.89
                                                                    -------
### §1574. Disclaimers, limited warranties and nonwarranties

The use of a disclaimer, limited warranty, or nonwarranty clause in any invoice, advertising, labeling, or written, printed, or graphic matter, pertaining to any seed shall not constitute a defense, or be used as a defense in any way, in any prosecution or other proceeding brought under the provisions of this chapter, or the rules and regulations made and promulgated thereunder. Nothing in this section is intended to preclude the use of a disclaimer, limited warranty, or nonwarranty clause as a defense in any proceeding not brought under this chapter.

(Aug. 9, 1939, ch. 615, title II, §204, 53 Stat. 1282; July 9, 1956, ch. 520, §2, 70 Stat. 508; Pub. L. 85–581, §11, Aug. 1, 1958, 72 Stat. 478.)

#### **Editorial Notes**

#### Amendments

1958—Pub. L. 85–581 precluded use of limited warranty clause as defense in prosecution or other proceeding brought under provisions of this chapter and stated that use of enumerated clauses as defenses in proceedings not brought under this chapter is not barred.

1956—Act July 9, 1956, substituted "or other proceeding" for ", or in any proceeding for confiscation of seeds,".

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

#### Effective Date of 1956 Amendment

Amendments made by act July 9, 1956, applicable only with respect to violations occurring after July 9, 1956, see note set out under section 1596 of this title.

#### Effective Date

See section 1610 of this title.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-1709

INAM NAJI,

 Plaintiff - Appellant,

v.

FLUOR FEDERAL SERVICES, LLC,

 Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at 

Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:19-cv-01774-HMH)

Submitted: December 30, 2022 Decided: January 31, 2023

Before HARRIS and RUSHING, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Inam Naji, Appellant Pro Se. Jennifer Lee Sease Cluverius, Ashley Robertson Parr, 

Greenville, South Carolina, Susan Pedrick McWilliams, NEXSEN PRUET, LLC, 

Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-1709 Doc: 22 Filed: 01/31/2023 Pg: 1 of 2
2

PER CURIAM:

Inam Naji appeals the district court’s order granting a directed verdict for Fluor 

Federal Services, LLC, (Fluor) on Naji’s retaliation claim under Title VII of the Civil 

Rights Act of 1964, as amended, 42 U.S.C. § § 2000e to 2000e-17, and the court’s order 

granting summary judgment to Fluor on Naji’s discrimination claims. We have reviewed 

the record and find no reversible error. Accordingly, we affirm the district court’s 

judgment. Naji v. Fluor Fed. Servs., LLC, No. 6:19-cv-01774-HMH (D.S.C. June 4, 

2021). We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED

USCA4 Appeal: 21-1709 Doc: 22 Filed: 01/31/2023 Pg: 2 of 2
#### A. I. Gidwitz, appellee, v. Celia Levine and Bernhard M. Levine, appellants.

Gen. No. 29,633.

Bill to foreclose deed of trust. Decree affirming master’s report recommending decree in accordance with prayer of bill. Appeal from the Superior Court of Cook county; the Hon. diaries M. Foell, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed April 13, 1925.

Samuel Grossman and H. J. Rosenberg, for appellants.

Frederick A. Brown and Shulman, Shulman & Abrams, for appellee; William G. Worthey and Marion T. Martin, of counsel.

Mr. Presiding Justice McSurely

delivered the opinion of the court.
#### Patrick Maiorino, Appellant, v City of New York, Respondent.

[834 NYS2d 272]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Kings County (Partnow, J.), dated September 28, 2005, as denied that branch of his motion which was to strike the defendant’s answer pursuant to CPLR 3126 (3), and (2) so much of an order of the same court (Hinds-Radix, J.), dated February 8, 2006, as denied that branch of his subsequent motion which was to strike the defendant’s answer pursuant to CPLR 3126 (3).

Ordered that the order dated February 8, 2006 is reversed insofar as appealed from, on the facts and in the exercise of discretion, the motion is granted, the answer is stricken, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages; and it is further,

Ordered that the appeal from the order dated September 28, 2005 is dismissed as academic; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

“[A] trial court is given broad discretion to oversee the discovery process” *(Castillo v Henry Schein, Inc.,*259 AD2d 651, 652 [1999]). Although actions should be resolved on the merits wherever possible *(see Cruzatti v St. Mary’s Hosp.,*193 AD2d 579, 580 [1993]), a court may strike the “pleadings or parts thereof’ (CPLR 3126 [3]) as a sanction against a party who “refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed” (CPLR 3126). While the nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is a matter of discretion with the motion court *(see Soto v City of Long Beach,*197 AD2d 615, 616 [1993]; *Spira v Antoine,*191 AD2d 219 [1993]), “striking an answer is inappropriate absent a clear showing that the failure to comply with discovery demands is willful [and] contumacious” *(Harris v City of New York,*211 AD2d 663, 664 [1995]).

*602Here, the defendant’s willful and contumacious conduct can be inferred from its repeated failures to comply with court orders directing disclosure *(see Espinal v City of New York,*264 AD2d 806 [1999]; *see also Kryzhanovskaya v City of New York,*31 AD3d 717, 718 [2006]; *Careccia v Metropolitan Suburban Bus Auth.,*18 AD3d 793 [2005]; *Montgomery v City of New York,*296 AD2d 386, 386-387 [2002]) and the inadequate excuses offered to justify the defaults *(see Porreco v Selway,*225 AD2d 752, 753 [1996]). Accordingly, that branch of the plaintiff’s subsequent motion which was to strike the answer should have been granted, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages. Rivera, J.P., Skelos, Angiolillo and Balkin, JJ., concur.
EXHIBIT 10.2(a)
                                                            
                                                            
                 Executive Protection Policy
                              
                              DECLARATIONS

                              EXECUTIVE PROTECTION POLICY

                              Policy Number  8132-05-32C

                              Federal Insurance Company, a stock
                              insurance company, incorporated                  
                              under the laws of Indiana, herein         
                              called the Company.

Item 1.   Parent Organization:
          ROUNDY'S, INC.

          23000 ROUNDY DRIVE
          PEWAUKEE, WISCONSIN
          53072

Item 2.   Policy Period:      From 12:01 A.M. on NOVEMBER 01, 1996
                              To   12:01 A.M.    NOVEMBER 01, 1998
                              Local time at the address shown in
                              Item 1.

Item 3.   Coverage Summary
          Description
          GENERAL TERMS AND CONDITIONS
          EXECUTIVE LIABILITY AND INDEMNIFICATION

Item 4.   Termination of
          Prior Policies:  8132-05-32B

THE EXECUTIVE LIABILITY AND INDEMNIFICATION, FIDUCIARY LIABILITY,
OUTSIDE DIRECTORSHIP LIABILITY AND EMPLOYMENT PRACTICES LIABILITY
COVERAGE SECTIONS (WHICHEVER ARE APPLICABLE) ARE ALL WRITTEN ON A
CLAIMS MADE BASIS.  EXCEPT AS OTHERWISE PROVIDED, THESE COVERAGE
SECTIONS COVER ONLY CLAIMS FIRST MADE AGAINST THE INSURED DURING
THE POLICY PERIOD.  PLEASE READ CAREFULLY.

In witness whereof, the Company issuing this policy has caused
this policy to be signed by its authorized officers, but it shall
not be valid unless also signed by a duly authorized
representative of the Company.

                  FEDERAL INSURANCE COMPANY
                              
HENRY A. GULICK                         DEAN R. OFFURE
_______________________                 ______________________
Secretary                               President


NOVEMBER 12, 1996                        JOHN S. BAIN
_______________________                 ----------------------
Date                                    Authorized
                                        Representative
# FORM 6-K

SECURITIES
  AND EXCHANGE COMMISSION

Washington,
  D.C. 20549

# Report of
  Foreign Issuer

# Pursuant
  to Rule 13a-16 or 15d-16 of

# Securities
  Exchange Act of 1934

For the month
  of July 2004

ABBEY NATIONAL
  PLC 
  (Translation of registrants name into English)

Abbey National
  House, 2 Triton Square, Regent's Place
London NW1 3AN, England   
   (Address of principal executive offices)

|Indicate
      by check mark whether the registrant files or will file annual reports under
      cover Form 20-F or Form 40-F.
|-------------------------------------------------------------------------------------------------------------------------------

Form 20-F . . . .X. . . . Form 40-F . . . . . . . . Indicate
        by check mark whether the registrant by furnishing the information contained
        in this Form is also thereby furnishing the information to the Commission
        pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.


Yes
  . . . . . . . No . . .X. . . .

---

**Abbey National plc ("the Company")** Application has been made to the Financial Services Authority and the London
  Stock Exchange Plc for a total of 2,000,000 Ordinary shares of 10p each
  ("shares") to be admitted to the Official List. It is expected that admission will be granted 3 August 2004 and trading will
  commence on 4 August 2004. These shares are being reserved under a block listing and will be issued
pursuant to the following scheme: Scheme
      SharesAbbey National plc Executive Share Option Scheme
      2,000,000 When issued these shares will rank pari passu with the existing Ordinary shares.




---

# SIGNATURES

Pursuant
  to the requirements of the Securities Exchange Act of 1934, the registrant has
  duly caused this report to be signed on its behalf by the undersigned, thereunto
  duly authorized.

|                   |  | ABBEY NATIONAL PLC           
|------------------ |  | -----------------------------
|Date: 30 July 2004 |  | By: /s/ Gail McGrath         
|                   |  | Gail McGrathAbbey Secretariat