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

                                                                    EXHIBIT 10.8


















                                  AMENDMENT TO

                             THE TIMBERLAND COMPANY
                   2004 EXECUTIVE LONG TERM INCENTIVE PROGRAM

                               (EFFECTIVE 12/1/04)



<PAGE>

                                  AMENDMENT TO
                             THE TIMBERLAND COMPANY
                   2004 EXECUTIVE LONG TERM INCENTIVE PROGRAM

     This instrument amends certain terms of The Timberland Company 2004
Executive Long Term Incentive Program. The Program is established under The
Timberland Company 1997 Incentive Plan, and amounts paid under the Program are
intended to qualify as performance-based compensation under Section 162(m) of
the Internal Revenue Code.

     1. Subsection (a) of Section 8. AWARD PAYMENT is hereby amended by adding
the following sentence after the first sentence:

          "Notwithstanding anything in this Program document to the contrary,
          the Award payout for the one-year Award Period (1/1/04-12/31/04) shall
          be made on July 5, 2005."

     2. With the exception of the amendment specified above, all other terms and
conditions of this Program document remain in full force and effect.
#### § 301.52-10 Nonliability of the Department.

The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.
Editorial Note on Part 3405
Editorial Note: Nomenclature changes to part 3405 appear at 76 FR 4808, Jan. 27, 2011.

§ 3405.18 Use of funds; changes. ( a ) *Delegation of fiscal responsibility.* The grantee may not in whole or in part delegate or transfer to another person, institution, or organization the responsibility for use or expenditure of grant funds.
( b ) *Change in project plans.* ( 1 ) The permissible changes by the grantee, project director(s), or other key project personnel in the approved project grant shall be limited to changes in methodology, techniques, or other aspects of the project to expedite achievement of the project's approved goals. If the grantee or the project director(s) are uncertain as to whether a change complies with this provision, the question must be referred to the Department for a final determination.
( 2 ) Changes in approved goals, or objectives, shall be requested by the grantee and approved in writing by the authorized departmental officer prior to effecting such changes. In no event shall requests for such changes be approved that are outside the scope of the approved project.
( 3 ) Changes in approved project leadership or the replacement or reassignment of other key project personnel shall be requested by the grantee and approved in writing by the authorized departmental officer prior to effecting such changes.
( 4 ) Transfers of actual performance of the substantive programmatic work in whole or in part and provisions for payment of funds, whether or not Federal funds are involved, shall be requested by the grantee and approved in writing by the authorized departmental officer prior to effecting such transfers.
( c ) *Changes in project period.* The project period may be extended by the authorized departmental officer without additional financial support for such additional period(s) as the authorized departmental officer determines may be necessary to complete or fulfill the purposes of an approved project. However, due to statutory restriction, no grant may be extended beyond five years from the original start date of the grant, or pre-award date, if applicable. Grant extensions shall be conditioned upon prior request by the grantee and approval in writing by the authorized departmental officer, unless prescribed otherwise in the terms and conditions of a grant.
( d ) *Changes in approved budget.* Changes in an approved budget shall be requested by the grantee and approved in writing by the authorized departmental officer prior to instituting such changes if the revision will: ( 1 ) Involve transfers of amounts budgeted for indirect costs to absorb an increase in direct costs;
( 2 ) Involve transfers of amounts budgeted for direct costs to accommodate changes in indirect cost rates negotiated during a budget period and not approved when a grant was awarded; or
( 3 ) Involve transfers or expenditures of amounts requiring prior approval as set forth in the applicable Federal cost principles, Departmental regulations, or in the grant award.
|  | Conference Kick-off!
The Bayfront Park Amphitheater played host to Miami'swelcoming ceremony on Tuesday, September 5.  Representatives fromthe City of Miami, State Farm Insurance, and MiamiWeed and Seed gave attendees a warm reception.  Plenty of hotfood and cool tunes were provided to make Weeders and Seeders feel "athome" in Miami.   This document was last update on November 24, 2000 |
|--|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### § 3418.5 Failure to comply and report.

Formula funds may be withheld and redistributed if a recipient institution fails to either comply with § 3418.3 or report under § 3418.4.
<PAGE>   1

                                                                      EXHIBIT 23

CONSENT OF INDEPENDENT ACCOUNTANTS



         We consent to the incorporation by reference in the Registration
Statements of CEM Corporation on Form S-8 (File Numbers 33-11952, 33-25739,
33-53694, 33-75366, 33-75368, 33-80136 and 33-87676) of our reports dated July
22, 1998, on our audits of the consolidated financial statements and financial
statement schedule of CEM Corporation as of June 30, 1998 and 1997, and for the
years ended June 30, 1998, 1997 and 1996, which report is incorporated by
reference in this Annual Report on Form 10-K.


/s/ PricewaterhouseCoopers LLP


Charlotte, North Carolina
September 24, 1998
QuickLinks
 -- Click here to rapidly navigate through this document

Exhibit 10.38  


 
 

Summary of Compensation Arrangements
  Applicable to Named Executive Officers of Overstock.com, Inc.    
    


        The Compensation Committee (the "Committee") of the Board of Directors of Overstock.com, Inc. (the "Company") oversees and reviews the Company's executive
compensation policies and programs and approves the form and amount of compensation to be paid to the Company's executive officers. 



Annual Compensation—Base salaries and bonuses  


        The Company is not a party to any written employment agreement with any of its named executive officers. 


        Effective
January 1, 2005, the Company pays each of its named executive officers (as defined in Item 402(a)(3) of Regulation S-K), other than its
President and chief executive officer, base salaries at the annual rate of $100,000. The Company does not pay its President and chief executive officer, Patrick M. Byrne, any base salary. 



        On
February 4, 2005, the Committee approved bonus payments to the named executive officers as a result of the officers' performance in 2004 as follows: 



	Name and Title
 
	 	Bonus

	David Chidester, Vice President Finance	 	$	75,000
	Jonathan Johnson, Vice President, Corporate Affairs and Legal	 	$	75,000
	Russell (Tad) Martin, Vice President of Merchandising and Operations	 	$	75,000
	Shawn Schwegman, Vice President of Technology	 	$	75,000





        The
Committee had also previously approved additional bonus payments earlier during 2004 to Mr. Johnson in the amount of $50,000 and Mr. Chidester in the amount of $20,000. 


        The
President and chief executive officer of the Company, Dr. Patrick M. Byrne, is a named executive officer, but declined to accept any bonus payment during or relating to 2004. 


Long Term Incentive Awards—Stock option awards  


        The Company maintains its 2002 Stock Option Plan, as amended, under which the Committee and the Board have the power to grant options and other awards to
employees, including the named executive officers. No options or other awards have been made during 2005 to any named executive officer, and no plan or arrangement exists at March 10, 2005
regarding future grants to any named executive officer. During 2004, option grants were made to the persons who are now named executive officers of the Company as follows: 



	Name and Title
 
	 	Options

	Patrick M. Byrne, President and chief executive officer	 	0
	David Chidester, Vice President Finance	 	25,000
	Jonathan Johnson, Vice President, Corporate Affairs and Legal	 	5,000
	Russell (Tad) Martin, Vice President of Merchandising and Operations	 	25,000
	Shawn Schwegman, Vice President of Technology	 	10,000





        All
of the stock options granted have an exercise price per share of $18.58, which was the last sales price of the Company's common stock on the Nasdaq National Market System on the date
of grant. 











QuickLinks


Summary of Compensation Arrangements Applicable to Named Executive Officers of Overstock.com, Inc.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk April 29, 2013

s0422 

# Order

April 29, 2013

145968 & (40)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 145968

COA: 307260

Wayne CC: 99

- 000122

- FC

DONALD MERRITT,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the motion to amend the application is GRANTED. The

application for leave to appeal the August 13, 2012 order of the Court of Appeals is

considered, and it is DENIED, because we are not persuaded that the questions presented

should be reviewed by this Court.
#### § 29.3554 Sweating.

The condition of tobacco in the process of fermentation.

[30 FR 9207, July 23, 1965. Redesignated at 49 FR 16759, Apr. 20, 1984]
Exhibit 32.2


                                  CERTIFICATION

                                   PURSUANT TO

        SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE


         I, Alicia B. Derrah, the Chief Financial Officer and principal
financial officer of Man Investments (USA) Corp., the Managing Member of Man-AHL
130, LLC ("Man-AHL 130"), certify that (i) the Quarterly Report of Man-AHL 130
on Form 10-Q for the period ending December 31, 2007 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in such Report fairly presents, in all
material respects, the financial condition and results of operations of Man-AHL
130.


Date:  February 14, 2007
--------------------------
                               s/ Alicia B. Derrah
                               -------------------
                               Alicia B. Derrah
                               Chief Financial Officer





                                      E-5
II 

113TH CONGRESS 

1ST SESSION H. R. 2319 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12 (legislative day, DECEMBER 11), 2013 

Received 

AN ACT 

To clarify certain provisions of the Native American 

Veterans’ Memorial Establishment Act of 1994. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


sroberts on DSK5SPTVN1PROD with BILLS
2 

HR 2319 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Native American Vet3 erans’ Memorial Amendments Act of 2013’’. 

4 SEC. 2. NATIVE AMERICAN VETERANS’ MEMORIAL. 

5 (a) AUTHORITY TO ESTABLISH MEMORIAL.—Section 

6 3 of the Native American Veterans’ Memorial Establish7 ment Act of 1994 (20 U.S.C. 80q–5 note; 108 Stat. 4067) 

8 is amended— 

9 (1) in subsection (b), by striking ‘‘within the in10 terior structure of the facility provided for by’’ and 

11 inserting ‘‘on property under the jurisdiction of the 

12 Museum on the site described in’’; and 

13 (2) in subsection (c)(1), by striking ‘‘, in con14 sultation with the Museum, is’’ and inserting ‘‘and 

15 the National Museum of the American Indian are’’. 

16 (b) PAYMENT OF EXPENSES.—Section 4(a) of the 

17 Native American Veterans’ Memorial Establishment Act 

18 of 1994 (20 U.S.C. 80q–5 note; 108 Stat. 4067) is amend19 ed— 

20 (1) in the heading, by inserting ‘‘AND NA21 TIONAL MUSEUM OF THE AMERICAN INDIAN’’ after 

22 ‘‘AMERICAN INDIANS’’; and 


sroberts on DSK5SPTVN1PROD with BILLS
3 

HR 2319 RDS

1 (2) in the first sentence, by striking ‘‘shall be 

2 solely’’ and inserting ‘‘and the National Museum of 

3 the American Indian shall be’’. 

Passed the House of Representatives December 11, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 


sroberts on DSK5SPTVN1PROD with BILLS
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. 4:92cr4079-WS

FRANKIE LEE FERGUSON, 4:09cv237-WS

Defendant.

 

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (doc. 124)

docketed October 26, 2009. The magistrate judge recommends that the defendant's

motion to vacate sentence be summarily dismissed as untimely. The defendant has

filed no objections to the report and recommendation.

Upon review of the record, this court has determined that the magistrate judge’s

report and recommendation should be adopted.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 124) is hereby

ADOPTED and incorporated by reference into this order.
Page 2 of 2

Case No. 4:92cr4079-WS

2. The defendant's motion to vacate sentence pursuant to 28 U.S.C. § 2255

(doc. 120) is hereby summarily DISMISSED as untimely.

3. The clerk shall enter judgment accordingly and shall close Case No.

4:09cv237-WS.

DONE AND ORDERED this 3rd day of December , 2009.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2507 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2507

    To restrict funds related to escalating United States military 
                         involvement in Syria.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2013

  Mr. Massie (for himself, Mr. Amash, Mr. Jones, Mr. Yoho, Mr. Roe of 
     Tennessee, Mr. Brooks of Alabama, Mr. Pitts, Mr. Meadows, Mr. 
 DesJarlais, and Mr. Gohmert) introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
    Committees on Armed Services and Select Intelligence (Permanent 
Select), for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To restrict funds related to escalating United States military 
                         involvement in Syria.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``War Powers Protection Act of 2013''.

SEC. 2. PROHIBITION ON FUNDS TO ESCALATE UNITED STATES MILITARY 
              INVOLVEMENT IN SYRIA.

    (a) In General.--No funds made available to the Central 
Intelligence Agency, the Department of Defense, or any other agency or 
entity of the United States involved in intelligence activities may be 
obligated or expended for the purpose of, or in a manner which would 
have the effect of, supporting, directly or indirectly, military or 
paramilitary operations in Syria by any nation, group, organization, 
movement, or individual.
    (b) Duration of Prohibition.--The prohibition under subsection (a) 
shall cease to apply only with a formal declaration of war pursuant to 
article I, section 8 of the Constitution.
    (c) Quarterly Reports.--Not later than 90 days after the date of 
the enactment of this Act, and every 90 days thereafter, the Secretary 
of State shall submit to Congress a report on assistance provided to 
groups, organizations, movements, and individuals in Syria.
                                 <all>
```
CERTIFICATION OF KEVIN J. MCANDREW AS PRESIDENT AND
             CHIEF EXECUTIVE OFFICER PURSUANT TO
              SECURITIES EXCHANGE ACT RULE 13A-14


I, Kevin J. McAndrew, certify that:

1. I have reviewed this yearly report on Form 10-K of Canterbury Consulting
Group, Inc.;

2. Based on my knowledge, this yearly 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 yearly report;

3. Based on my knowledge, the financial statements, and other financial
information included in this yearly 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 yearly report;

4. I am responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and we have:

a) designed such disclosure controls and procedures 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 yearly report is being
prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
yearly report (the "Evaluation Date"); and

c) presented in this yearly report our conclusions about the effectiveness
of the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. 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 function):

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; and

6. I have indicated in this yearly report whether or not there were
significant changes in internal controls or in other factors that could
significantly affect internal controls subsequent to the date of our most
recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.

Date: March 7, 2003

                  /s/Kevin J. McAndrew
                  Kevin J. McAndrew
                  President and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM HELMSTAR
GROUP,  INC.  AND  SUBSIDIARIES'  CONSOLIDATED  BALANCE  SHEET AND  CONSOLIDATED
STATEMENT  OF  OPERATIONS  FOR THE YEAR PERIOD  ENDED  DECEMBER  31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         802,352
<SECURITIES>                                78,409,796
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         348,693
<DEPRECIATION>                                 242,565
<TOTAL-ASSETS>                              81,818,752
<CURRENT-LIABILITIES>                                0
<BONDS>                                     72,750,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       674,960
<OTHER-SE>                                   6,074,854
<TOTAL-LIABILITY-AND-EQUITY>                81,818,752
<SALES>                                              0
<TOTAL-REVENUES>                             6,363,911
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,512,858
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             660,088
<INCOME-PRETAX>                              3,190,965
<INCOME-TAX>                                   501,735
<INCOME-CONTINUING>                          2,689,230
<DISCONTINUED>                               (986,570)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,702,660
<EPS-PRIMARY>                                      .31
<EPS-DILUTED>                                      .31
        

</TABLE>
----

| (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 result of operations of the      Company. |
|-----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                |   |                                                                                                                                |
|-------------------------------------|--------|-------------------------------------------------------------------------------------------------------------------------------------|
| Date:        May 11, 2009 |   | /s/  Robert      Gerald      Buchanan                    |   |
|                                |   | Name:  Robert      Gerald Buchanan                                                                                        |
|                                |   | Title:      President                                                                                                               |