alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.42





Exhibit 10.42




BRIGHAM EXPLORATION COMPANY

1997 INCENTIVE PLAN

AMENDMENT TO

OPTION AGREEMENTS




This Amendment to Option Agreements (the “Amendment”) is made effective as of April 22, 2009
(the “Effective Date”), by Brigham Exploration Company, a Delaware corporation (the “Company”).



W I T N E S S E T H:




WHEREAS, the Company and the Optionee have entered into Option Agreements pursuant to the
terms of the Brigham Exploration Company 1997 Incentive Plan; and



WHEREAS, the Option Agreements with respect to those options listed on Exhibit A attached
hereto are set to terminate on the Expiration Dates shown on Exhibit A (the “Expiring Agreements”);
and



WHEREAS, the exercise price of each of the options underlying the Expiring Agreements is
greater than the Fair Market Value of the Common Stock as of the Effective Date of this Amendment;
and



WHEREAS, the Company now desires to amend the Expiring Agreements to extend the Expiration
Date for one year;



NOW, THEREFORE, in consideration of the premises, the Company does hereby amend the Expiring
Agreements as follows:



1. The Expiration Date for each Expiring Agreement is hereby extended until the first
anniversary of such Expiration Date.



2. Except as otherwise specifically set forth herein, all other terms and conditions of the
Expiring Agreements shall remain in full force and effect.



IN WITNESS WHEREOF, the Company has caused this Amendment to be executed effective as of the
22nd day of April, 2009.



	 	 	 	 	 
	 	 	BRIGHAM EXPLORATION COMPANY
	 
	 	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 

	 	 	 	Ben. M. Brigham, President & CEO






ACKNOWLEDGED AND AGREED TO BY:



	 	 	 
	 


	 	 






                                        , Optionee




	 	 	 	 	 
	Dated:
	 	 	 	 
	 

	 	 

	 	 





 


 









 





EXHIBIT A




	 	 	 	 	 	 	 	 	 
	Type	 	Date of Grant	 	# of Shares	 	Exercise Price	 	Expiration Date
PRIVATE LAW 107–2—OCT. 1, 2002

Private Law 107–2

107th Congress

An Act

For the relief of retired Sergeant First Class James D. Benoit and Wan Sook

Benoit.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. REQUIREMENT TO PAY CLAIMS.

(a) PAYMENT REQUIRED.—The Secretary of the Treasury is

authorized and directed to pay, out of any money in the Treasury

not otherwise appropriated, to James D. Benoit and Wan Sook

Benoit, jointly, the sum of $415,000, in full satisfaction of all claims

described in subsection (b), such amount having been determined

by the United States Court of Federal Claims as being equitably

due the said James D. Benoit and Wan Sook Benoit pursuant

to a referral of the matter to that court by Senate Resolution

129, 105th Congress, 1st session, for action in accordance with

sections 1492 and 2509 of title 28, United States Code.

(b) COVERED CLAIMS.—Subsection (a) applies with respect to

all claims of the said James D. Benoit, Wan Sook Benoit, and

the estate of David Benoit against the United States for compensation and damages for the wrongful death of David Benoit, the

minor child of the said James D. Benoit and Wan Sook Benoit,

pain and suffering of the said David Benoit, loss of the love and

companionship of the said David Benoit by the said James D.

Benoit and Wan Sook Benoit, and the wrongful retention of remains

of the said David Benoit, all resulting from a fall sustained by

the said David Benoit, on June 28, 1983, from an upper level

window while occupying military family housing supplied by the

Army in Seoul, Korea.

Applicability.

David Benoit.

Oct. 1, 2002

[S. 1834]

PRIVATE LAW 107–2—OCT. 1, 2002

SEC. 2. LIMITATION ON USE OF FUNDS FOR ATTORNEYS’ FEES.

No part of the amount appropriated by section 1 in excess

of 10 percent thereof shall be paid or delivered to or received

by any agent or attorney on account of services rendered in connection with this claim, any contract to the contrary notwithstanding.

Violation of the provisions of this section is a misdemeanor punishable by a fine not to exceed $1,000.
**EXHIBIT 32.1****SECTION 906 CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER**     I, Ronald W. Hovsepian, Chief Executive Officer of Novell, Inc., a Delaware corporation (the“Company”), hereby certify that, to my knowledge: (1) The Company’s periodic report on Form 10-Q for the period ended July 31, 2006 (the“Form 10-Q”) fully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934, as amended; and  (2) The information contained in the Form 10-Q fairly presents, in all material respects,the financial condition and results of operations of the Company.* * *   CHIEF EXECUTIVE OFFICER     /s/ RONALD W. HOVSEPIAN Ronald W. Hovsepian     Date: May 25, 2007
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.

, C l e r k

. 11/16/2020
46.309 Research and development contracts

(short form).

The contracting officer shall insert the clause at 52.246-9, Inspection of Research and Development

(Short Form), in solicitations and contracts for research and development when the clause

prescribed in 46.307 or the clause prescribed in 46.308 is not used.

Parent topic: Subpart 46.3 - Contract Clauses
#### § 4280.54 Construction procurement requirements.

Construction, including bidding and awarding of contracts, must be conducted in a manner that provides maximum open and free competition.
29.401-3 Federal, State, and local taxes.

(a) Except as provided in paragraph (b) of this section, insert the clause at 52.229-3, Federal, State,

and Local Taxes, in solicitations and contracts if-

(1) The contract is to be performed wholly or partly in the United States or its outlying areas;

(2) A fixed-price contract is contemplated; and

(3) The contract is expected to exceed the simplified acquisition threshold.

(b) In a noncompetitive contract that meets all the conditions in paragraph (a) of this section, the

contracting officer may insert the clause at 52.229-4, Federal, State, and Local Taxes (State and

Local Adjustments), instead of the clause at 52.229-3, if the price would otherwise include an

inappropriate contingency for potential postaward change(s) in State or local taxes.

Parent topic: 29.401 Domestic contracts.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 3:20cr78/MCR

ALLAN FERNANDO ALVAREZ-PEREZ

 /

ACCEPTANCE OF PLEA OF GUILTY

Pursuant to the Report and Recommendation of the United States Magistrate

Judge, to which there has been no timely objections, and subject to this Court’s

consideration of the Plea Agreement pursuant to Fed.R.Crim.P. 11(c)(3), the plea of

guilty of the Defendant, ALLAN FERNANDO ALVAREZ-PEREZ, to Count One of

the Indictment is hereby ACCEPTED. All parties shall appear before this Court for

sentencing as directed.

DONE and ORDERED this 4th day of December 2020.

 s/M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:20-cr-00078-MCR Document 25 Filed 12/04/20 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

J.P.,

Plaintiff,

vs. CASE NO.: 4:20-cv-317-AW-MAF

UNITED STATES OF AMERICA; 

OFFICER JIMMY HIGHSMITH;

WARDEN T.A. JONES;

WARDEN CRAIG COIL;

SIS OFFICER GEOFFREY BROWN;

OFFICER MANUEL PULIDO; AND

NAKAMOTO GROUP, INC.

Defendants.

______________________________/

AMENDED MEDIATION REPORT

The parties to the above cause submitted their issues to mediation on March 25, 2022. All 

issues have been resolved regarding the claims against the United States of America and 

Defendants T.A. Jones, Craig Coil, Geoffrey Brown, Manuel Pulido and Ronald Proffitt. All 

other claims remain pending.

/s/ Charles Dodson

CHARLES DODSON

Florida Bar No. 228931

O’STEEN & O’STEEN, P.L.

2900 East Park Ave.

Tallahassee, Florida 32301

Email: chasdod@aol.com

(850) 877-1028

Mediator

Case 4:20-cv-00317-AW-MAF Document 38 Filed 03/30/22 Page 1 of 2
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

served by electronic email via the CM/ECF System to all counsel of record, on this 30th day of 

March, 2022.

/s/ Charles Dodson

Attorney

Case 4:20-cv-00317-AW-MAF Document 38 Filed 03/30/22 Page 2 of 2
#### § 56.12 Suspension of license; revocation.

Pending final action by the Secretary, any person authorized to countersign a license to perform grading service may, whenever such action is deemed necessary to assure that any grading service is properly performed, suspend any license to perform grading service issued pursuant to this part, by giving notice of such suspension or revocation to the respective licensee, accompanied by a statement of the reasons therefor. Within 7 days after the receipt of the aforesaid notice and statement of reasons, the licensee may file an appeal in writing with the Secretary, supported by any argument or evidence that the licensee may wish to offer as to why their license should not be further suspended or revoked. After the expiration of the aforesaid 7-day period and consideration of such argument and evidence, the Secretary will take such action as deemed appropriate with respect to such suspension or revocation. When no appeal is filed within the prescribed 7 days, the license to perform grading service is revoked.

[71 FR 42008, July 24, 2006]
#### § 52.1842 Product description of Layer or (Cluster) raisins with seeds.

Raisins with Seeds that are referred to as *Layer or Cluster raisins* means that the raisins have not been detached from the main bunch.
§ 52.3186 Definitions for uniformity of size. ( a ) *Fairly uniform in size.* “Fairly uniform in size” means that in a sample of 100 ounces: ( 1 ) For prunes that average 53 prunes or less per pound, the count per pound of 10 ounces of the smallest prunes does not vary from the count per pound of 10 ounces of the largest prunes by more than 25 points; or
( 2 ) For prunes that average 54 prunes or more per pound, the count per pound of 10 ounces of the smallest prunes does not vary from the count per pound of 10 ounces of the largest prunes by more than 45 points.
#### § 58.623 Homogenizer.

Homogenizer shall comply with 3-A Sanitary Standards.
22.304 Variations, tolerances, and

exemptions.

(a) The Secretary of Labor, under 40 U.S.C.3706, upon the Secretary’s initiative or at the request of

any Federal agency, may provide reasonable limitations and allow variations, tolerances, and

exemptions to and from any or all provisions of the statute (see 29 CFR5.15).

(b) The Secretary of Labor may make variations, tolerances, and exemptions from the regulatory

requirements of applicable parts of 29 CFRwhen the Secretary finds that such action is necessary

and proper in the public interest or to prevent injustice and undue hardship (see 29 CFR5.14).

Parent topic: Subpart 22.3 - Contract Work Hours and Safety Standards Act
§ 4280.101 Purpose. This subpart contains the procedures and requirements for providing the following financial assistance under the Rural Energy for America Program (REAP): ( a ) Grants, or a combination grant and guaranteed loan, for the purpose of purchasing and installing Renewable Energy Systems (RES) and Energy Efficiency Improvements (EEI);
( b ) Grants to assist agricultural producers and rural small businesses by conducting Energy Audits (EA) and providing recommendations and information on Renewable Energy Development Assistance (REDA); and
( c ) Grants or guaranteed loans, or a combination grant and guaranteed loan to an applicant or borrower pursuant to 7 CFR 1980, Subpart M Special Authority to Enable Funding of Broadband and Smart Utility Facilities Across Select Rural Development Programs. A Borrower or applicant receiving funding as referenced in paragraphs (a) or (b) of this section is permitted to use up to 10 percent of the amount provided under this subpart to construct, improve, or acquire broadband infrastructure related to the project financed, subject to the requirements of 7 CFR 1980, Subpart M.
#### § 51.899 Waterberry.

*Waterberry* means a watery, soft, or flabby condition of the berry. Affected berries are low in sugar content, have tender skins, and are easily crushed. This is an advanced or more pronounced stage of the condition referred to as “weak”.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated 56 FR 15802, Apr. 18, 1991]
#### § 58.218 Surge tanks.

If surge tanks are used for hot milk, and temperatures of product including foam being held in the surge tank during processing, is not maintained at a minimum of 150 °F, then two or more surge tanks shall be installed with cross connections to permit flushing and cleaning during operation. Covers easily removable for cleaning shall be provided and used at all times.
#### § 51.1154 Similar varietal characteristics.

*Similar varietal characteristics* means that the fruits in any container are similar in color and shape.
#### The People of the State of New York, Respondent, v. Dennis J. Smith, Appellant.

Judgment of the County Court, Nassau County, rendered May 22, 1968, affirmed. No opinion. Beldock, P. J., Munder, Martuscello and Kleinfeld, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to vacate the plea of guilty, with the following memorandum: Before the trial court accepted defendant’s change of plea to one of guilty, it asked him whether he understood that under the plea he would be eligible to a sentence of one year in the Nassau County Jail. Defendant answered affirmatively. However, he was sentenced to a reformatory period not to exceed four years. He had not been informed by the court of the possibility of the *546imposition of such a sentence. I would reverse the judgment and reinstate the indictment, as defendant may well have believed that the maximum term to which he could have been imprisoned was one year (see *People*v. *Emerick,*29 A D 2d 770).
#### §§ 5001.409-5001.449 [Reserved]
25.100 Scope of subpart.       (a)                   This subpart implements-                                                         (1)                         41 U.S.C. chapter 83, Buy American;                                                            (2)                                                  Executive Order 10582, December 17, 1954;                                                            (3) Executive                         Order 13881, July 15, 2019;                                                            (4)                         Executive Order 14005, January                            25, 2021;                            and                                                            (5)                                                  Waiver of the domestic content test of the Buy American statute for acquisition of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907, but see 25.101(a)(2)(ii).                                                                             (b)                    It applies to supplies acquired for use in the United States, including supplies acquired under contracts set aside for small business concerns, if-                                                         (1)                          The supply contract exceeds the micro-purchase threshold; or                                                            (2)                          The supply portion of a contract for services that involves the furnishing of supplies (*e.g.*, lease) exceeds the micro-purchase threshold.    **Parent topic:** Subpart 25.1 - Buy American-Supplies
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32.207 Administration and payment of

commercial financing payments.

(a) Responsibility. The contracting officer responsible for administration of the contract shall be

responsible for review and approval of contract financing requests.

(b) Approval of financing requests. Unless otherwise provided in agency regulations, or by

agreement with the appropriate payment official-

(1) The contracting officer shall be responsible for receiving, approving, and transmitting all

contract financing requests to the appropriate payment office; and

(2) Each approval shall specify the amount to be paid, necessary contractual information, and the

account(s) (see 32.206(d)) to be charged for the payment.

(c) Management of security. After contract award, the contracting officer responsible for approving

requests for financing payments shall be responsible for determining that the security continues to

be adequate. If the contractor’s financial condition is the Government’s security, this contracting

officer is also responsible for monitoring the contractor’s financial condition.

Parent topic: Subpart 32.2 - Commercial Product and Commercial Service Purchase Financing
#### The People of the State of New York, Appellant, v Christian Pantojas, Respondent.

[814 NYS2d 280]

Appeal by the People from a sentence of the County Court, Rockland County (Resnik, J.), imposed March 22, 2005, upon the defendant’s conviction of criminal sale of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the third degree (two counts), *828upon his plea of guilty, the sentence being four concurrent determinate terms of 3V2 years, to be followed by a three-year period of postrelease supervision.

Ordered that the sentence is reversed, on the law, and the matter is remitted to the County Court, Rockland County, for resentencing in accordance herewith.

The defendant committed the crimes to which he pleaded guilty before January 13, 2005, the effective date of the Drug Law Reform Act (L 2004, ch 738; hereinafter DLRA), but was sentenced after January 13, 2005, the effective date of the statute. On February 8, 2005 the defendant entered a plea of guilty to four drug-related offenses, based on the understanding that he would be sentenced under the DLRA to four concurrent determinate terms of imprisonment of 3V2 years. The People declined to participate in the plea bargain, contending that, under the law in effect at the time the crimes were committed, the minimum legal sentence would be an indeterminate term of imprisonment of four and one-half to nine years. On March 22, 2005 the County Court sentenced the defendant in accordance with the promise made at the time of his plea of guilty.

For the reasons set forth in *People v Goode*(25 AD3d 723 [2006]), the sentence imposed upon the defendant was invalid as a matter of law, and the defendant must be resentenced under the law applicable at the time of the commission of the offenses *(see People v Torres,*26 AD3d 398 [2006]; *People v Nelson,*21 AD3d 861, 862 [2005], *lv granted*6 NY3d 757 [2005]). Adams, J.P., Mastro, Fisher and Covello, JJ., concur.
#### § 51.15 Financial interest of inspector.

No inspector shall inspect any product in which he is directly or indirectly financially interested.
Case 3:94-cr-03011-RV Document 68 Filed 10/18/05 Page 1 of 1