alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
5th Amendment to the Deferred Compensation Plan



 Exhibit 10(ix)(5) 
 FIFTH AMENDMENT 
 TO THE 
 NORTHERN TRUST CORPORATION 
 DEFERRED COMPENSATION PLAN 
 WHEREAS, the Northern Trust Corporation (the “Company”) has adopted the Northern Trust Corporation Deferred Compensation Plan (the
“Plan”) for the purpose of providing deferred compensation to a select group of management or highly compensated employees of the Company, effective as of May 1, 1998; and 
 WHEREAS, pursuant to Section 7.1 of the Plan, the Company has the right to amend the Plan when, in the sole discretion of the Company, such
amendment is advisable; and 
 WHEREAS, the Company deems it advisable to amend the Plan. 
 NOW, THEREFORE, the Plan is hereby amended as follows: 
  

	1.	To delete the date “November 30” from subsections (i) and (ii) of Section 2.2 of the Plan and to substitute the date “November 15” therefor.


  

	2.	To delete Section 2.3 of the Plan in its entirety. 

  

	3.	To delete Section 3.3 of the Plan in its entirety and to substitute the following therefor: 

 “Section 3.3 Partial Year Employment and Initial Election. An employee who commences employment with the Company after the beginning of a Plan
Year shall not be permitted to make an election to defer Incentive Compensation with respect to such Plan Year. Further, an employee who commences employment with the Company after November 1 of any Plan Year (or such other date as the Company
may determine in its sole discretion) shall not be eligible to defer Incentive Compensation in that Plan Year for any subsequent Plan Year under Section 2.2.” 
 IN WITNESS WHEREOF, the Company has caused this amendment to be executed on its behalf this 11th of October, 2006 effective such 11th of October, 2006. 
  

			
	NORTHERN TRUST CORPORATION
		
	By:	 	 /s/ Timothy P. Moen

	 Name:
 Title:
	 	 Timothy P. Moen
 Executive Vice
President
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

________________ _________________ UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. MOISES EUFELIO MARTINEZ, JR., Defendant - Appellant. No. 17-2191 (D.C. No. 5:17-CR-01643-JBM-1) (D. N.M.)

________________ _________________ ORDER AND JUDGMENT *

________________ _________________ Before BRISCOE , O’BRIEN , and MORITZ , Circuit Judges.

________________ _________________ Moises Eufelio Martinez, Jr., pleaded guilty to a drug offense and was sentenced to 108 months in prison. He appeals that sentence even though his plea agreement included a broad waiver of hi s appellate rights. The government has moved to enforce the appeal waiver under United States v. Hahn , 359 F.3d 1315 (10th Cir. 2004) (en banc) (p er curiam). Through his c ounsel, Mr. Martinez concedes that the waiver bars his a ppeal. Based on this concessi on and our independent review of the record, we grant the government ’s motion and dismiss the appeal.

Entered for the Court Per Curiam

* This panel has determined unanim ously that oral argument would not materially assist in the dete rmination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The cas e is therefore ordered submitt ed without oral argument. This order and judgment is not binding pre cedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It ma y be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### December 27, 2017
Elisabeth A. Shumaker Clerk of Court
#### James Fiorilla *v.*Laurence T. Moore

Kins, C. J., Murphy, Alcorn, Comxey and House, Js.

Argued April 7

decided April 22, 1964

*711
      *Robert B. Devine,*for the appellant (plaintiff).

*David Albert,*for the appellee (defendant).

Per Curiam.

The plaintiff, as vendor, and the defendant, as vendee, entered into a contract for the sale and purchase of certain premises. The defendant ordered payment stopped on a check given the plaintiff by the defendant. The check had been given to cover the second of the payments called for under the contract. Presentment of the check for payment had been withheld by agreement of the parties to permit the defendant to deposit sufficient funds to eover it. The contract contained a clause which provided that, if the defendant failed to make the payments required by the contract, he would forfeit all claim to the premises and forfeit as liquidated damages all sums paid under the contract. Under this liquidated damages provision of the contract, the plaintiff brought this suit, alleging nonpayment of the check. The court found that the unpaid check did not constitute “payment”, or a sum “paid”, within the terms of the contract. It therefore concluded that recovery of the amount of the check could not be had under the liquidated damages clause. See *Tuckel*v. *Jurovaty,*141 Conn. 649, 651, 109 A.2d 262. Prom a judgment for the defendant the plaintiff has appealed.

In his brief the plaintiff does not specifically dispute the conclusion of the court that he could *712not recover the amount of the cheek under the liquidated damages clause of the contract. He does-claim, however, that he, as payee of the check, is-entitled to collect it since it remains wholly unpaid. That cause of action was not embraced within the scope of the allegations of the complaint, and recovery thereon would not be permissible. *United Construction Corporation*v. *Beacon Construction Co.,*147 Conn. 492, 496, 162 A.2d 707; *Buol Machine Co.*v. *Buckens,*146 Conn. 639, 642, 153 A.2d 826; *Berman*v. *Kling,*81 Conn. 403, 405, 71 A. 507; see 11 Am. Jur. 2d, Bills and Notes, § 590, p. 661, § 591; 12 Am. Jur. 2d, Bills and Notes, §§ 1024, 1026, p. 44.

There is no error.
#### § 1.817A-0 Table of contents.

This section lists the captions that appear in section § 1.817A-1:

## § 1.817A-1 Certain modified guaranteed contracts.

(a) Definitions.

(1) Modified guaranteed contract.

(2) Temporary guarantee period.

(3) Equity-indexed modified guaranteed contract.

(4) Non-equity-indexed modified guaranteed contract.

(5) Current market rate for non-equity-indexed modified guaranteed contract.

(6) Current market rate for equity-indexed modified guaranteed contract. [Reserved]

(b) Applicable interest rates for non-equity-indexed modified guaranteed contracts.

(1) Tax reserves during temporary guarantee period.

(2) Required interest during temporary guarantee period.

(3) Application of section 811(d).

(4) Periods after the end of the temporary guarantee period.

(5) Examples.

(c) Applicable interest rates for equity-indexed modified guaranteed contracts. [Reserved]

(d) Effective date.

[T.D. 9058, 68 FR 24350, May 7, 2003]
Exhibit 10.37



 Exhibit 10.37 
 April 22, 2005 
 Mr. Jay L. Johnson 
 President & CEO 
 Dominion Delivery 
 Re:    Supplemental Retirement Agreement 
 Dear Jay: 
 Because of your valuable knowledge and experience, Dominion Resources, Inc. (the “Company”) wishes to enter into this Supplemental Retirement Agreement (“Agreement”) with you to ensure that your
employment with the Company will continue until you have been employed with the Company for ten years. Subject to the terms and conditions set forth below, the Company therefore agrees that, if you remain in the Company’s employ and serve as an
officer until you have reached ten years of service, upon your retirement you will be treated as a Life Participant under the terms of the Company’s New Executive Supplemental Retirement Plan (“New ESRP”). If you do not fulfill these
conditions, you will remain as a Regular Participant under the New ESRP. 
 The New ESRP benefit payable under this Agreement will be computed in accordance
with the terms of Section 3.1(b) of the New ESRP. This benefit will then be paid as a Lump Sum Equivalent under the terms of the New ESRP as you did not elect to receive your benefit in the form of Installment Payments. 
 Any benefits payable under this Agreement will be paid under the New ESRP from the Dominion Resources, Inc. Executive Security Trust and/or the general assets of the
Company as and when due. No promises under this Agreement will be secured by any specific assets of the Company, nor will any assets of the Company be designated as attributable or allocated to the satisfaction of any such promises. Except as
provided in this letter, the New ESRP benefit will be subject to the terms of the New ESRP in effect at the time of payment. 
 If you agree with the terms
and conditions set forth above, please indicate your acceptance by signing and returning one copy of this letter to me. Please retain the other copy for your records. 
 This agreement becomes effective as of April 22, 2005. 
 Sincerely yours, 
         /s/ Thos. E. Capps         
 Thos. E. Capps 
 Accepted:        
        /s/ Jay L. Johnson         
                                     Jay L. Johnson
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet of CNL Income Fund VII, Ltd. at March 31, 1997, and its statement of
income for the three months then ended and is qualified in its entirety by
reference to the Form 10-Q of CNL Income Fund VII, Ltd. for the three months
ended March 31, 1997.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         728,822
<SECURITIES>                                         0
<RECEIVABLES>                                   66,571
<ALLOWANCES>                                    44,434
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      17,795,761
<DEPRECIATION>                               1,941,303
<TOTAL-ASSETS>                              25,432,365
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  24,542,402
<TOTAL-LIABILITY-AND-EQUITY>                25,432,365
<SALES>                                              0
<TOTAL-REVENUES>                               657,027
<CGS>                                                0
<TOTAL-COSTS>                                  118,269
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                575,632
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            575,632
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   575,632
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Due to the nature of its industry, CNL Income Fund VII, Ltd. has an
unclassified balance sheet; therefore, no values are shown above for current
assets and current liabilities.
</FN>
        

</TABLE>
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

In the Interest of C.H.M., a Child

No. 06

- 19

- 00108

- CV Appeal from the County Court at Law of Lamar County, Texas (Tr. Ct. No. 88327 ). Memorandum Opinion delivered by Chief Justice Morr iss, Justice Burgess and Justice Stevens participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial court

. We note that the appellant has adequately indicated h er inability to pay costs of appeal. Therefore, we waive payment of costs.

REN DERED MARCH 13, 2020 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
#### § 1.691(f)-1 Cross reference.

See section 753 and the regulations thereunder for application of section 691 to income in respect of a deceased partner.

[T.D. 6808, 30 FR 3436, Mar. 16, 1965]
PHANTOM 3

In the Box

ADVANCED

Check that all of the following items are in your package. If any items are missing, please 

contact DJI or your local dealer.

© 2015 DJI. All Rights Reserved. 

Intelligent Flight 

Battery ×1

Gimbal Clamp ×1

Aircraft Body ×1 Remote Controller ×1 Propeller Pairs ×4

16GB Micro-SD 

Card ×1

Manuals

Vibration Absorbers ×4

Power Cable ×1

Anti-drop Kit ×2

Micro-USB Cable ×1

Landing Pads ×4 Propeller Wrench ×1 Stickers ×4

(Silver, red, blue, pink)

* Accessories are not covered by warranty.

In the Box

Phantom 3 Professional / Advanced Safety Guidelines and Disclaimer 

Phantom 3 Professional / Advanced Intelligent Flight Battery Safety Guidelines

Phantom 3 Advanced Quick Start Guide

Accessories* 

Essentials

Battery Charger ×1
39414.

#### SAFE-WAY FINANCE COMPANY v. STANDARD BAG COMPANY.

Nichols, Presiding Judge.

1. The judgment of the trial court, rendered November 22, 1961, overruling the motion of the plaintiff to dissolve the stay of execution, if granted as contended for by the plaintiff, would have been a final judgment, and the assignment of error on such judgment is sufficient to give this court jurisdiction of the writ of error.

2. The brief of evidence in the case sub judice conforms to the requirements of the act of 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 440 ; *Code Ann.*§ 70-305).

3. “ ‘Generally speaking, the construction placed upon its own rules by a court of original jurisdiction is conclusive; and only in cases where it is clear that the construction given is wrong, and that injustice has been done, will the discretion of the judge of such a court construing its rules be interfered with by a reviewing court. 8 Am. *&*Eng. Ene. L. (2d Ed.) 31, and cases cited.’ *Roberts v. Kuhrt,*119 Ga. 704 (1) (46 SE 856). See also *Frost v. Pennington,*6 Ga. App. 298 (2) (65 SE 41).” *Perry v. Maryland Cas. Co.,*102 Ga. App. 475, 477 (116 SE2d 620).

4. The judgment setting aside the default judgment against the garnishee in the present case was not based upon any written rule of the trial court but was based on a long standing practice which was not followed because the judge of such court was absent because of illness and the judge appointed by such judge as “presiding judge” was either not familiar with such practice or was not aware that the garnishee came within the category to whom such practice was applicable.

5. The judgment of the trial court was final after the end of the term in which it was rendered and could not be set aside, altered, etc., except for a defect appearing on the face of the record. See *American Mut. Liability Ins. Co. v. Satterfield,*88 Ga. App. 395 (2) (76 SE2d 730), where it was held that a judgment could not be set aside at the next term where counsel for the losing party was not notified of such judgment until such next term even though the presiding judge, in accordance with a long standing practice, had promised to notify counsel of its judgment when rendered and had failed to do so. See also *Jones v. Bibb Brick Co.,*120 Ga. 321 (48 SE 25).

*713Decided April 4, 1962.

*Cornelius B. Thurmond, Jr., Sanders, Thurmond, Hester & Jolles,*for plaintiff in error.

*Maurice Steinberg,*contra.

6. What has been said above controls each ruling complained of by the plaintiff in error and the judgments of the trial court (overruling the demurrers to the court’s motion to show cause why the default judgment should not be set aside, overruling demurrers and renewed demurrers to the defendant’s answer filed after such default judgment was rendered, and overruling the motion to dissolve the stay of execution), must be reversed.

*Judgment reversed.*

*Frankum and Jordan, JJ., concur.*
IIA

104TH CONGRESS

1ST SESSION H. CON. RES. 1

IN THE SENATE OF THE UNITED STATES

JANUARY 9, 1995

Received and referred to the Committee on Armed Services

CONCURRENT RESOLUTION

Recognizing the sacrifice and courage of Army Warrant Officers David Hilemon and Bobby W. Hall II, whose helicopter was shot down over North Korea on December

17, 1994.

Whereas, on December 17, 1994, the helicopter of Army

Chief Warrant Officer David Hilemon and Army Chief

Warrant Officer Bobby W. Hall II was shot down over

North Korea;

Whereas, as a result of this incident, Chief Warrant Officer

Hilemon sacrificed his life for his country and Chief Warrant Officer Hall was taken captive by the Korean People’s Army;
2

HCON 1 RFS

Whereas, on December 22, 1994, Chief Warrant Officer

Hilemon’s remains were returned to the United States at

the Demilitarized Zone at Panmunjom and on December

28, 1994, he was laid to rest with full military honors

and in full view of Mt. Rainier in the State of Washington, in accordance with the wishes of Chief Warrant Officer Hilemon; and

Whereas Chief Warrant Officer Hall, held in captivity for 13

days under stressful circumstances, served his country

above and beyond the call of duty: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) recognizes the sacrifice of Army Chief War4 rant Officer David Hilemon to his country and ex5 presses gratitude for his selflessness and deepest re6 gret for his loss to his family; and

7 (2) recognizes the exceptional service of Army

8 Chief Warrant Officer Bobby W. Hall II to his coun9 try and expresses commendation for his courage.

Passed the House of Representatives January 5

(legislative day, January 4), 1995.

Attest: ROBIN H. CARLE,

Clerk.
§ 1.48C-3 Rules relating to the increased credit amount for prevailing wage and apprenticeship. ( a ) *In general.* If any qualifying advanced energy project (as defined in section 48C(c)(1)(A)) satisfies the prevailing wage requirements of section 45(b)(7) and § 1.45-7, the apprenticeship requirements of section 45(b)(8) and § 1.45-8, and the recordkeeping and reporting requirements of § 1.45-12, with respect to the re-equipping, expansion, or establishment of a qualifying advanced energy project within the meaning of section 48C, the qualifying advanced energy project credit determined under section 48C(a) for any taxable year with respect to credits allocated pursuant to section 48C(e) is an amount equal to 30 percent of the qualified investment for the taxable year. For purposes of this section, the term re-equipping, expansion, or establishment means those activities described in §§ 1.45-7(d)(3) and 1.45-8(g)(1) that are performed with respect to a qualifying advanced energy project within the meaning of section 48C before such project is placed in service.
( b ) *Applicability date.* This section applies to qualifying advanced energy projects placed in service in taxable years ending after June 25, 2024, and the re-equipping, expansion, or establishment of which begins after June 25, 2024. Taxpayers may apply this section to qualifying advanced energy projects placed in service in taxable years ending on or before June 25, 2024, and qualifying advanced energy projects placed in service in taxable years ending after June 25, 2024, the re-equipping, expansion, or establishment of which begins before June 25, 2024, provided that taxpayers follow this section in its entirety and in a consistent manner.
[T.D. 9998, 89 FR 53272, June 25, 2024]
**Exhibit 32.1**

 

 

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 quarterly report of Milestone Scientific Inc. (“Milestone”) on Form 10-Q for the period ending September 30, 2018 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Leonard Osser, Interim Chief Executive Officer of Milestone, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

 

(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 financial condition and result of operations of Milestone.

 

Date November 16, 2018

 

| /s/ Leonard Osser                                                             |
|-------------------------------------------------------------------------------|
| Leonard Osser

Interim Chief Executive Officer

(Principal Executive Officer) |

 

A signed original of this certification has been provided to Milestone and will be retained by Milestone and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 4.59



PROMISSARY NOTE



|Borrower: | Ehave, Inc. of 277 Lakeshore Road East, Suite 203, Oakville, ON L6J 6J3 (the “Company”)
|--------- | ---------------------------------------------------------------------------------------
|          |                                                                                        
|Lender:   | ___________ of _______________ (the “Lender”)                                          



Principal Amount: $_______
CDN



| | 1. | FOR VALUE RECEIVED, The Borrower promise to pay the Lender at such address as may be provided in writing to the Borrower, the
principal sum of $___________. This note shall rank senior to all
other debt of the Company. This Note is due on May 22, 2019.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 2. | Any time while not in default under this Note, the Borrower may repay the outstanding balance then owing under this Note to
the Lender without further bonus or penalty.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 3. | This Note will be construed in accordance with and governed by the laws of the Province of Ontario.
| | -- | ---------------------------------------------------------------------------------------------------

| | 4. | This Note will endure to the benefit of and be binding upon the representative heirs, executors, administrators, successors
and assigns of the Borrower and the Lender.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF the parties have duly affixed their signatures
under seal on this 26 day of March, 2019.



|SIGNED, SEALED AND DELIVERED | Ehave, Inc.               
|---------------------------- | --------------------------
|                             |                           
|March 26, 2019               |                           
|                             |                           
|                             | Per ______________________
|                             |                           
|SIGNED, SEALED AND DELIVERED | _________________         
|                             |                           
|March 26, 2019               |                           
|                             |                           
|                             | Per ______________________
|                             |