alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1



 








Exhibit 10.1



INDYMAC BANCORP, INC.

INDYMAC BANK, F.S.B.

DIRECTOR’S AGREEMENT



     THIS DIRECTOR’S AGREEMENT (the “Agreement”) is executed effective as of August 1,
2006, by and between IndyMac Bancorp, Inc. (the “Company”) and IndyMac Bank, F.S.B. (the
“Bank”), and                      (“Director”).


WITNESSETH:



     WHEREAS, the Director has been elected by the shareholders to the Board of Directors
(“Board”) of the Company and/or the Bank;



     WHEREAS, the Director desires to serve on the Boards until he resigns or is not elected for
another term and will receive compensation and other benefits from the Company during his period of
service on the Boards;



     WHEREAS, the Company and the Bank desire to have the benefit of the Director’s service as a
Board member for the term for which Director is elected;



     WHEREAS, the Company, the Bank, and the Director desire to set forth the terms and conditions
of Director’s service as a Board member under this Agreement;



     NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the
parties hereto agree as follows:



     1. Duration. Director shall be subject to this Agreement for so long as Director serves as a
Board member and, with respect to the obligation in section 4 hereof and those provisions in the
Indymac Director Code of Ethics that by their terms apply after the Director’s term has ended, for
the relevant period thereafter. Director’s service as a Board member may continue indefinitely
until Director resigns or is not re-elected.



     2. Compensation. The Company or the Bank will compensate Director in accordance with the
Board Compensation Policy.



     3. Adherence to Code of Ethics. Director has reviewed the Indymac Corporate Governance
Philosophy and the Indymac Director Code of Ethics and agrees to abide by the principles and adhere
to the rules expressed therein.



     4. Cooperation. Upon the receipt of reasonable notice from Company or the Bank (including
outside counsel), Director agrees that while serving as a Board member and thereafter, Director
will provide information and reasonable assistance to Company or the Bank, their affiliates and
their respective representatives in defense of any claims



 









 







that may be made against Company, the Bank or their affiliates, to the extent that such claims
may relate to the period of Director’s service as a Board member.



     IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written.



	 	 	 	 	 
	 	COMPANY

 	 
	 	By:  	 	 
	 	 	Name:  	Michael W. Perry 	 
	 	 	Title:  	Chairman of the Board 	 
	 
	 	BANK

 	 
	 	By:  	 	 
	 	 	Name:  	 	 
	 	 	Title:  	 	 
	 
	 	DIRECTOR
	 
	 
	 	 	 
	 	[                         ]

in Director’s individual capacity
```

[109th Congress Public Law 404]
[From the U.S. Government Printing Office]

[DOCID: f:publ404.109]

[[Page 120 STAT. 2756]]

Public Law 109-404
109th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  29-50 Union Street in Flushing, New York, as the ``Dr. Leonard Price 
     Stavisky Post Office''. <<NOTE: Dec. 18, 2006 -  [H.R. 5923]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DR. LEONARD PRICE STAVISKY POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 29-50 Union Street in Flushing, New York, shall be known and 
designated as the ``Dr. Leonard Price Stavisky Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Dr. Leonard 
Price Stavisky Post Office''.

    Approved December 18, 2006.

LEGISLATIVE HISTORY--H.R. 5923:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 25, considered and passed House.
            Dec. 6, considered and passed Senate.

                                  <all>
```
<PAGE>   1

                                 AMENDMENT NO. 1
                                       TO
                          SPECIAL TERMINATION AGREEMENT

     THIS AMENDMENT No. 1, dated as of July 1, 1997, to that certain Special
Termination Agreement (the "Agreement") that was amended and restated as of the
31st day of January, 1997 by and among Abington Bancorp, Inc., a Massachusetts
corporation, Abington Savings Bank, a Massachusetts savings bank, and Donna L.
Thaxter, an individual currently employed by the Company and the Bank in the
capacity of Senior Vice President.

     NOW, THEREFORE, the parties to the Agreement hereby agree to amend the
Agreement as follows:

     1. Paragraph 4 of the Agreement is hereby amended by deleting the last
sentence thereof.

     2. As amended by this Amendment, the Agreement shall continue in full force
and effect in accordance with its terms.

     3. This Amendment may be executed in any number of counterparts, all of
which taken together shall constitute one and the same instrument, and any of
the parties hereto may execute this Amendment by signing any such counterpart.

     4. This Amendment shall be governed by, and construed and enforced in
accordance with, the substantive laws of The Commonwealth of Massachusetts,
without regard to its principles of conflicts of laws.

     IN WITNESS WHEREOF, the parties have executed this Amendment as of the day
and year first above written.

                                        ABINGTON BANCORP, INC.


                                        By: /s/ James P. McDonough
                                            ---------------------------------
                                            Its President


                                          ABINGTON SAVINGS BANK


                                        By: /s/ James P. McDonough
                                            ---------------------------------
                                            Its President & CEO



                                            /s/ Donna L. Thaxter
                                            ---------------------------------
                                            Donna L. Thaxter
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College FacultyCurriculum DesignHigher EducationInstructional MaterialsInterdisciplinary ApproachProgram DesignSecond Language InstructionStudent MotivationTeaching Methods

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This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

HEATHER SCHUTZ,

 Defendant - Appellant.

No. 12-30073

D.C. No. 1:06-cr-00034-CCL-1

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Charles C. Lovell, District Judge, Presiding

Submitted December 19, 2012** 

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Heather Schutz appeals from the district court’s order denying her motion

for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under

28 U.S.C. § 1291, and we affirm.

FILED

DEC 31 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-30073

Schutz contends that the district court erred by failing to consider whether

she was entitled to a sentence reduction under Amendment 750, which amended

the drug quantity table in U.S.S.G. § 2D1.1 for offenses involving crack cocaine. 

Contrary to Schutz’s contention, the district court considered her motion. It

declined to grant the requested reduction, however, in light of Schutz’s prior

sentence reductions, which resulted in her sentence being below the amended

Guideline range and the mandatory minimum. The court did not abuse its

discretion by denying the motion. See United States v. Austin, 676 F.3d 924, 926

(9th Cir. 2012).

AFFIRMED.
#### § 2900.19 Student activity costs.

In the Department of Labor, the provisions of 2 CFR 200.469 apply unless the activities meet a program requirement and have prior written approval from the Federal awarding agency.
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

______________________________________

)

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) Civil Action No. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

)

Defendants. )

______________________________________ )

MOTION FOR LEAVE TO PERMIT

BRENDA C. ZWACK TO APPEAR PRO HAC VICE

The defendant American Postal Workers Union, AFL-CIO, pursuant to Local Rule 83.1(b),

moves the Court for leave to permit Brenda C. Zwack of the firm O’Donnell, Schwartz & Anderson,

P.C., of Washington, D.C., to appear pro hac vice in this case on its behalf. In support of this Motion,

the defendant submits a certificate of good standing from the United States District Court for the

District of Columbia.

Dated:__________________________ Respectfully submitted,

By: /s/Patrick K. Nakamura 

Alabama Bar No. ASB-1814-A64P

NAKAMURA, QUINN & WALLS LLP

2204 Lakeshore Drive, Suite 130

Birmingham, AL 35209

(205) 870-9989

(205) 803-4143 FAX

Nakamura@nqwlaw.com

Case 2:06-cv-00767-MEF-SRW Document 39 Filed 02/08/2007 Page 1 of 2
OF COUNSEL:

Brenda C. Zwack

O’DONNELL, SCHWARTZ & ANDERSON, P.C.

1300 L Street, N.W., Suite 1200

Washington, D.C. 20005-4126

(202) 898-1707

(202) 682-9276 FAX

bzwack@odsalaw.com

Certificate of Service

I hereby certify that I have this day electronically filed the foregoing with the Clerk of the

Court using the CM/ECF system and mailed a copy of the same, First Class, postage prepaid,

addressed as follows:

Alma T. McBroom

Pro Se

921 Hugh Street

Montgomery, AL 36108

Dated: 2/8/07_________________________ /s/Patrick K. Nakamura 

Patrick K. Nakamura

Case 2:06-cv-00767-MEF-SRW Document 39 Filed 02/08/2007 Page 2 of 2
Case 2:06-cv-00767-MEF-SRW Document 39-2 Filed 02/08/2007 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           9,696
<SECURITIES>                                     2,227
<RECEIVABLES>                                   13,418
<ALLOWANCES>                                       864
<INVENTORY>                                     16,926
<CURRENT-ASSETS>                                45,127
<PP&E>                                          23,928
<DEPRECIATION>                                   5,758
<TOTAL-ASSETS>                                  67,409
<CURRENT-LIABILITIES>                           30,055
<BONDS>                                          4,513
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        41,240
<OTHER-SE>                                     (11,271)
<TOTAL-LIABILITY-AND-EQUITY>                    67,409
<SALES>                                          6,320
<TOTAL-REVENUES>                                 6,949
<CGS>                                            5,271
<TOTAL-COSTS>                                    5,990
<OTHER-EXPENSES>                                 4,924
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 322
<INCOME-PRETAX>                                 (4,184)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (4,184)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (4,071)
<EPS-PRIMARY>                                    (0.62)
<EPS-DILUTED>                                    (0.62)
        

</TABLE>
#### § 2900.7 Federal payment.

In addition to the guidance set forth in 2 CFR 200.305(b), for Federal awards from the Department of Labor, the non-Federal entity should liquidate existing advances before it requests additional advances.

[80 FR 81440, Dec. 30, 2015, as amended at 86 FR 22108, Apr. 27, 2021]
#### § 1136.4 Organization of this part.

(a) The content of this part is organized into subparts and associated appendices.

(1) Each subpart provides direction to DoD Components on how to construct one article of general terms and conditions for grants and cooperative agreements.

(2) For each subpart, there is a corresponding appendix with standard wording for terms and conditions of the article addressed by the subpart. Terms and conditions address rights and responsibilities of the Federal Government and recipients.

(b) A DoD Component must use the wording provided in each appendix in accordance with the direction in the corresponding subpart. That direction may permit DoD Components to vary from the standard wording in some situations.

(c) Table 1 shows which article of general terms and conditions may be found in each of appendices A through G to this part (with the associated direction to DoD Components in Subparts A through G, respectively):

| In . . . | You will find terms and conditions specifying recipients' rights and responsibilities related to . . . | That would appear in an award within OAR Article . . . |
| --- | --- | --- |
| Appendix A | Submitting and maintaining recipient information | I. |
| Appendix B | Records retention and access | II. |
| Appendix C | Remedies and termination | III. |
| Appendix D | Claims, disputes, and appeals | IV. |
| Appendix E | Collection of amounts due | V. |
| Appendix F | Closeout | VI. |
| Appendix G | Post-closeout adjustments and continuing responsibilities | VII. |

Table 1 to Paragraph (c)
§ 960.5-2-10 Hydrology. ( a ) *Qualifying condition.* The site shall be located such that the geohydrologic setting of the site will ( 1 ) be compatible with the activities required for repository construction, operation, and closure;
( 2 ) not compromise the intended functions of the shaft liners and seals; and
( 3 ) permit the requirements specified in § 960.5-1(a)(3) to be met.
( b ) *Favorable conditions.* ( 1 ) Absence of aquifers between the host rock and the land surface.
( 2 ) Absence of surface-water systems that could potentially cause flooding of the repository.
( 3 ) Availability of the water required for repository construction, operation, and closure.
( c ) *Potentially adverse condition.* Ground-water conditions that could require complex engineering measures that are beyond reasonably available technology for repository construction, operation, and closure.
( d ) *Disqualifying condition.* A site shall be disqualified if, based on expected ground-water conditions, it is likely that engineering measures that are beyond reasonably available technology will be required for exploratory-shaft construction or for repository construction, operation, or closure.
§ 950.36 Other contract matters in dispute. ( a ) If the parties disagree over terms or conditions of the Standby Support Contract other than disagreements related to covered events or covered costs, then the parties shall engage in informal dispute resolution as follows: ( 1 ) The parties shall engage in good faith efforts to resolve the dispute after written notification by one party to the other that there is a contract matter in dispute.
( 2 ) If the parties cannot reach a resolution of the matter in disagreement within thirty (30) days of the written notification of the matter in dispute, then the parties shall have fifteen (15) days during which time they must informally and in good faith participate in mediation to attempt to resolve the disagreement before instituting the process under paragraph (b) of this section. If the parties reach agreement through mediation, the agreement shall constitute a Final Agreement on the matter in dispute.
( 3 ) The parties shall jointly select the mediator(s). The parties shall share equally the cost of the mediation.
( b ) If the parties cannot resolve the disagreement through mediation under the timeframe established in paragraph (a)(2) of this section and either party elects to continue pursuing the disagreement, that party shall within ten (10) days submit any remaining issues in controversy to the Civilian Board or its successor, for resolution by an Administrative Judge of the Civilian Board utilizing the Civilian Board's Summary Binding Decision procedure. The parties shall abide by the procedures of the Civilian Board for Summary Binding Decision. The parties shall agree that the decision of the Civilian Board constitutes a Final Decision on the matter in dispute.
#### SEXAUER & LEMKE v. KROYWEN REALTY CO. et al.

(Supreme Court, Appellate Division, First Department.

June 12, 1914.)

Action by Sexauer & Lemke against the Kroywen Realty Company and others.

F. Hulse, of New York City, for appellants.

A. P. Wilkes, of New York City, for respondent.

No opinion. Judgment affirmed, with costs. Order filed.
#### § 1536.30 What policies and procedures must I follow?

(a) *General.* You must follow the policies and procedures specified in applicable sections of the OMB guidance in Subparts A through F of [2 CFR part 182](/on/2024-09-17/title-2/part-182), as implemented by this part.

(b) *Specific sections of OMB guidance that this part supplements.* In implementing the OMB guidance in [2 CFR part 182](/on/2024-09-17/title-2/part-182), this part supplements four sections of the guidance, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, as supplemented by this part.

| Section of OMB guidance | Section in this part where supplemented | What the supplementation clarifies |
| --- | --- | --- |
| (1) [2 CFR 182.225(a)](/on/2024-09-17/title-2/section-182.225#p-182.225(a)) | § 1536.225 | Whom in the Environmental Protection Agency a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace. |
| (2) [2 CFR 182.300(b)](/on/2024-09-17/title-2/section-182.300#p-182.300(b)) | § 1536.300 | Whom in the Environmental Protection Agency a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. |
| (3) [2 CFR 182.500](/on/2024-09-17/title-2/section-182.500) | § 1536.500 | Who in the Environmental Protection Agency is authorized to determine that a recipient other than an individual is in violation of the requirements of [2 CFR part 182](/on/2024-09-17/title-2/part-182), as implemented by this part. |
| (4) [2 CFR 182.505](/on/2024-09-17/title-2/section-182.505) | § 1536.505 | Who in the Environmental Protection Agency is authorized to determine that a recipient who is an individual is in violation of the requirements of [2 CFR part 182](/on/2024-09-17/title-2/part-182), as implemented by this part. |

(c) *Sections of the OMB guidance that this part does not supplement.* For any section of OMB guidance in Subparts A through F of [2 CFR part 182](/on/2024-09-17/title-2/part-182) that is not listed in [paragraph (b)](/on/2024-09-17/title-2/section-1536.30#p-1536.30(b)) of this section, Environmental Protection Agency policies and procedures are the same as those in the OMB guidance.
§ 1400.861 What procedures does the Suspending and Debarring Official follow to make a decision on whether to impose debarment following notice issuance? ( a ) In the event a respondent does not contest the proposed debarment in writing within the time period provided at 2 CFR 180.815 through 180.825, the debarment as proposed in the notice will be imposed without further proceedings.
( b ) Where a proposed debarment is contested, the Suspending and Debarring Official will follow the provisions at 2 CFR 180.830 through 180.870 in reaching a decision on whether to impose a period of debarment.
( c ) The administrative record will include an oral PMIO, in those actions where the respondent requests one. The PMIO is conducted in an informal business meeting format and electronically recorded for the record.
( d ) Where fact-finding occurs as part of the proposed debarment proceeding, after receiving the findings of fact and the hearing record from the fact-finding official, the Suspending and Debarring Official completes debarment proceedings, including a PMIO if one has been requested and did not occur before the fact-finding proceeding. Following completion of proposed debarment proceedings, the Suspending and Debarring Official issues a written decision under the provisions of 2 CFR 180.870.
Exhibit 32.1

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the accompanying amended Quarterly Report on Form
10-QSB of Velocity Asset Management Inc. for the three months ended September
30, 2004, I, John C. Kleinert, Chief Executive Officer of Velocity Asset
Management, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

                  (1) such amended Quarterly Report on Form 10-QSB/A for the
three months ended September 30, 2004, 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 such amended Quarterly Report
on Form 10-QSB for the three months ended September 30, 2004, fairly presents,
in all material respects, the financial condition and results of operations of
Velocity Asset Management, Inc.

                                        /s/ JOHN C. KLEINERT
                                        -----------------------------------
                                        John C. Kleinert
                                        Chief Executive Officer


         December 2, 2005

                                       27
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-81,134-02

IN RE BRANDON TREVELLE CAINES, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1274701-A IN THE 183RD DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file an application for a writ of mandamus pursuant

to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of

habeas corpus in the 183rd District Court of Harris County challenging cause number 1274701-A

on November 4, 2013. The trial court entered an order designating issues in that cause on November

19, 2013. This application has yet been forwarded to this Court.

Respondent, the Judge of the 183rd District Court of Harris County, shall file a response with

this Court by having the District Clerk submit the record on such habeas corpus application. In the

alternative, Respondent may resolve the issues set out in the order designating issues and then have
2

the District Clerk submit the record on such application. In either case, Respondent’s answer shall

be submitted within 30 days of the date of this order. This application for leave to file a writ of

mandamus will be held in abeyance until Respondent has submitted a response.

Filed: March 18, 2015

Do not publish