alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.44
 AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT
 AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT EA Executive Penson Worldwide, Inc. Company
 Prior Agreement
  Code
  I.
    
    Employment.
 Exhibit A Confidential Information
Agreement
 Effective Date Employer
   II.
    
    Position.
  
 Page 1 of 13




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##### 



III.
    
    Cash Compensation.
 Salary Compensation.
   Compensation
Committee
 Annual Bonus Compensation Opportunities
    
 Page 2 of 13




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##### 



Discretionary Bonuses
 Withholdings
 IV.
    
    Employee Benefits & Expenses.
 Employee Benefits.
 Expenses & Expense Reimbursement
 V.
    
    Equity
 Stock Options & Change in Control
  
 Page 3 of 13




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##### 



Termination Date
 Stock Options at Death or Permanent Disability
 VI.
    
    Termination of Employment
  By Employer for Cause Cause
 nolo contendre
     provided, however
 
 Page 4 of 13




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##### 



provided, however,
 By Executive for Good Reason
 Good Reason
 Notice
           Change in Control
  
 Page 5 of 13




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##### 



Without Cause Without Cause
  Disability
   VII.
    
    Obligations Upon Termination.
 Any Termination
 Employer
  COBRA
  
 Page 6 of 13




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##### 



Executive:
  except
 Severance Benefit Opportunity
 Severance Benefits during Severance Period Severance Period Separation from Service Severance Benefits
 Post-Termination Payments Severance Payments
 Short-Term Deferral Payment
 COBRA Premium Payments Coverage
Costs
 
 Page 7 of 13




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##### 



Severance Benefit Conditions & Limitations
 Post-Termination
General Release of All Claims Agreement Exhibit B General
Release provided, however
  Business Customer Territory Service
Provider,
 Non-Solicitation of Service Providers
 Non-Solicitation of Customers .
 Non-Competition
 
 Page 8 of 13




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##### 



except that
     Separation from Service Separation from Service Employee Employer
Group at least 50
percent
 
 Page 9 of 13




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##### 



at least 80 percent at least 50 percent at least 80 percent
 Section 409A
  earlier
  VIII.
    
    Miscellaneous.
 Governing Law
 Severability
 
 Page 10 of 13




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##### 



Remedies
 Arbitration
      FINRA
 
 Page 11 of 13




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##### 



Assignment; Successors.
 Changes to Agreement Section 409A
 Counterparts
 Notices
 To the Company:
    
    Penson Worldwide, Inc.1700 Pacific Avenue, Suite 1400Dallas, Texas 75201Attn: Chairman, Compensation CommitteeTo: Executive:
    
    Daniel P. Son1700 Pacific Avenue, Suite 1400Dallas, Texas 75201
 Complete Agreement
 Right to Counsel
 
 Page 12 of 13




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##### 



EXECUTIVE:/s/ Daniel P. SonName: Daniel P. SonTHE COMPANY  Penson Worldwide, Inc.:/s/ David JohnsonBy:     David JohnsonTitle:     Chair, Compensation CommitteeBoard of Directors
 
 Page 13 of 13
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## Breadcrumb

            -  Announcements 
            -           Resource: Emergency Planning Strategies and Resources for the K-12 Community      

# Resource: Emergency Planning Strategies and Resources for the K-12 Community

This infographic (PDF, 3 pages) provides tips to districts and schools on developing an Emergency Operations Plan (EOP), discusses how schools can train staff and faculty on emergency preparedness, and offers guidance on emergency planning efforts. Additional resources are provided. **Learn more** (PDF, 3 pages).
#### The People of the State of New York, Respondent, v Scott Ferge, Appellant.

— Judgment unanimously affirmed; assigned counsel’s request to withdraw granted in accordance with *Anders v California*(386 US 738). (See *People v Miller,*64 AD2d 1030.) (Appeal from judgment of Monroe Supreme Court — attempted criminal possession of weapon, third degree.) Present — Simons, J. P., Hancock, Jr., Schnepp, Witmer and Moule, JJ.
##### 



Exhibit 31-5 CERTIFICATION PURSUANT
TO RULE 13a-14(a) AND 15d-14(a) OF THE SECURITIES AND EXCHANGE ACT OF 1934 I, J. Barry Mitchell, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of Commonwealth Edison Company;2.
    
    Based on my knowledge, this 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 report;3.
    
    Based on my knowledge, the financial statements, and other financial information included
in this 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 report;4.
    
    The registrants other certifying officers 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)) 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 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 period covered by this report based on
such evaluation; and(c)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and  5.
    
    The registrants other certifying officers and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and
the audit committee of the registrants board of directors (or persons performing the
equivalent functions):  (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting. Date: July 26, 2005
    
    /s/ J. Barry MitchellSenior Vice President, Treasurer and Chief Financial Officer(Principal Financial Officer)
 5
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## Breadcrumb

            -           Health Center Program Technical Assistance      

# Health Center Program Technical Assistance

This resource provides technical assistance to health centers. The Bureau of Primary Health Care has developed partnerships with state, regional and other national organizations to provide:
                  - Training and technical assistance on fiscal and program management
                  - Operational and administrative support
                  - Program development/analysis
                  - Primary care/clinical care development and operations
                  - Support to meet the needs of special populations
                  - Support to develop and implement health and other information technology systems

http://bphc.hrsa.gov/qualityimprovement/index.html
Comment Info: =================

General Comment:FAA-2011-0916; Dir ID 2011-NM-127-AD
##### 



Exhibit 32.2 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 Bank Mutual Corporation (the Company) on Form 10-K
for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on or
about the date hereof (the Report), I, Rick B. Colberg, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
2002, that to the best of my knowledge: (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. /s/ Rick B. Colberg

Rick B. Colberg 
Chief Financial Officer 
March 11, 2005
 A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906, has been provided
to Bank Mutual Corporation and will be retained by Bank Mutual Corporation and furnished to the
Securities and Exchange Commission or its staff upon request.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 7992** 

GARY WAYNE HENDRICKS , Petitioner

- Appellant ,
v. COMMONWEALTH OF VIRGINIA , Respondent

- Appellee
.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke
. James C. Turk , Senior District Judge. ( 7:13

- cv - 00514

- JCT

- RSB )

Submitted : February 27 , 2014 Decided: March 5 , 2014

Before NIEMEYER, KING, and AGEE , Circuit Judges.

Dismissed by un published per curiam opinion
. Gary Wayne Hendricks, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Gary Wayne Hendricks seeks to appeal the district court’s order treating his motion for declaratory judgment as a

success ive 28 U.S.C. § 2254 (2012) petition, and dismissing it on that basis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (A) (2012) ; Reid v. Angelone , 369 F.3d 363, 369 (4th Cir. 20 04). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstr ating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have inde pendently reviewed the record and conclude that Hendricks has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal.3 Additionally, we construe Hendricks’ notice of appeal and informal brief as an application to file a second or successive § 2254 petition. United States v. Winestock , 340 F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2254 petition, a prisoner must assert

c laims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clea r and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the offense. 28 U.S.C.
§ 2244(b)(2) (2012)
. Hendricks’ claims do not satisfy either of these criteria. Therefore, we deny au thorization to file a successive § 2254 petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional
process. DISMISSED
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## Breadcrumb

            -           Healthcare.gov      

# Healthcare.gov

Take health care into your own hands, explore insurance coverage options and learn about how the Affordable Care Act impacts you. Find information for individuals, families, senior citizens, people with disabilities, young adults and employers.

http://www.healthcare.gov
STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY LANSING

# DE~ RICK SNYDER

GOVERNOR
May 30,2013

Dr. Susan Hedman, Regional Administrator United States Environmental Protection Agency Region 5 77 West Jackson Boulevard (R-19J) Chicago, Illinois 60604-3590 Dear Dr. Hedman: DAN WYANT DIRECTOR

Through this letter, the Michigan Department of Environmental Quality (MDEQ) is withdrawing Michigan's attainment plan forthe 1997 fine particulate (PM2.5 ) National Ambient Air Quality Standard as a proposed revision to the Michigan State Implementation Plan. This attainment plan was submitted to the United States Environmental Protection Agency (USEPA) on May 15, 2008. The seven-county PM2.5 nonattainment area in Southeast Michigan has attained both the 1997 PM2.5 annual standards and the 2006 PM2.5dailystandards with ambient monitoring datafor 2007-2010 showing design values belowthe nonattainment thresholds. The Southeast Michigan region continues to maintain compliance with these standards, and a determination ofclean datawas made by the USEPA in November 2012. We urge the USEPAto expeditiously review and propose approval of Michigan's request for redesignation to attainment, which has been pending since July 5, 2011. Please direct any questions regarding the withdrawal ofthe MDEQ's PM2 .5plan and the pending PM2.5redesignation to Mr. G. Vinson Hellwig, Chief, Air Quality Division, at 517-373-7069; hellwigv@michigan.gov; or MDEQ, P.O. Box 30260, Lansing, Michigan 48909-7760; oryou may contact me.

cc: Mr. Douglas Aburano, USEPA, Region 5 Mr. Jim Sygo, Deputy Director, MDEQ Mr. G. Vinson Hellwig, MDEQ Ms. Mary Maupin, MDEQ

CONSTITUTION HALL • 525WESTALLEGAN STREET• P.O. BOX30473 • lANSING, MICHIGAN48909-7973 www.mlchlgan.gov/deq • {800) 662-9278
RBLCID FACILITY NAME CORPORATE OR COMPANY NAME PERMIT ISSUANCE DATE PROCESS NAME PRIMARY FUELTHROUGHPUTTHROUGHPUT UNIT CONTROL METHOD DESCRIPTION EMISSION LIMIT 1 EMISSION LIMIT 1 UNIT
OH-0277DAIMLER CHRYSLER CORPORATION BODY SHOP DAIMLER CHRYSLER CORPORATION 08/31/2004  ACT BODY SHOP FINISH WELDING OPERATIONS 200064 JOBS/ROLLING 12-MO 2.05 LB/H

WI-0228 WPS - WESTON PLANT WISCONSIN PUBLIC SERVICE 10/19/2004  ACT P61, S61, MACHINE SHOP / WELDING SHOP WELDING ROD USAGE LIMIT 0.065 LB/H

WI-0228 WPS - WESTON PLANT WISCONSIN PUBLIC SERVICE 10/19/2004  ACT P62, S62, RAILCAR FACILITY WELDING SHOP WELDING ROD USAGE LIMIT 0.065 LB/H RBLC search for Welding - PMRBLCID FACILITY NAME CORPORATE OR COMPANY NAME PERMIT ISSUANCE DATE PROCESS NAME PRIMARY FUELTHROUGHPUTTHROUGHPUT UNIT CONTROL METHOD DESCRIPTION EMISSION LIMIT 1 EMISSION LIMIT 1 UNIT
WI-0228 WPS - WESTON PLANT WISCONSIN PUBLIC SERVICE 10/19/2004  ACT P61, S61, MACHINE SHOP / WELDING SHOP WELDING ROD USAGE LIMIT 0.23 LB/H

WI-0228 WPS - WESTON PLANT WISCONSIN PUBLIC SERVICE 10/19/2004  ACT P62, S62, RAILCAR FACILITY WELDING SHOP WELDING ROD USAGE LIMIT 0.23 LB/H RBLC search for Welding - VOC
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-11182

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DEON WARICK MOORE,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:13-CR-286-1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Deon Warick Moore

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Moore has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 22, 2015

Lyle W. Cayce

Clerk

 Case: 14-11182 Document: 00513241896 Page: 1 Date Filed: 10/22/2015
No. 14-11182

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 14-11182 Document: 00513241896 Page: 2 Date Filed: 10/22/2015
Appeal Reinstated; Appellant’s Motion to Dismiss Granted; Motion to Extend Time 

to File Notice of Appeal and Appellee’s Motion to Dismiss Denied as Moot; Appeal 

Dismissed; and Memorandum Opinion filed November 13, 2012.

In The

Fourteenth Court of Appeals 

NO. 14-12-00475-CV

ESTATE OF OTIS HAROLD CARTE, DECEASED

On Appeal from the Probate Court

Galveston County, Texas

Trial Court Cause No. PR-0053835

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment removing appellant, K. Randall Huffstetler, as 

Independent Executor of the Estate of Otis Harold Carte, Deceased, signed by the trial 

court on January 23, 2012. Appellant filed a timely motion for new trial. The clerk’s 

record was filed August 2, 2012, and it appeared that appellant’s notice of appeal may 

have been filed late. Appellant filed a motion for extension of time to file the notice 
2

appeal, and appellee, Thomas H. Carte, filed a motion to dismiss the appeal for want of 

jurisdiction. 

Before these motions were decided, on August 30, 2012, the court abated the 

appeal for sixty days so that the parties could complete an agreement to settle the 

underlying dispute. On October 31, 2012, appellant filed a motion to dismiss the appeal 

because the case has been settled. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered reinstated and dismissed. Appellant’s motion to 

extend time to file the notice of appeal and appellee’s motion to dismiss for want of 

jurisdiction are denied as moot.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Brown and Busby.
#### A. B. Lind, appellant, v. Colletta Ellsworth and Mrs. M. Ellsworth, appellees.

Gen. No. 34,686.

Opinion filed May 13, 1931.

William R. Wiley, for appellant.

No appearance for appellees.

Mr. Presiding Justice Wilson

delivered the opinion of the court.