alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.16.1



 Exhibit 10.16.1 

 
 



 
 September 6, 2011 
 VIA HAND DELIVERY 
 Dane A. Miller, Ph.D. 

16 Stone Camp 
 Winona Lake, IN 46590 

 

	 	RE:	Amendment - Consulting Agreement dated January 14, 2010 

 Dear Dane: 
 Biomet would like to amend your attached Consulting Agreement to
increase your office expense reimbursement, and to extend the term for an additional two (2) years. Accordingly, Section 3(a) of the Agreement and Section 6 of the Agreement are hereby deleted and replaced with the following:

 *    *    * 

 

	 	3.	Compensation / Travel Expenses / W-9 Tax Form. 

 (a) As full compensation for all authorized services rendered by Consultant under Section 2 and for any other obligations under this Agreement, Biomet shall pay Consultant as follows:

  

	 	(i)	Biomet shall reimburse Consultant for the out-of-pocket fees and expenses of the services of a secretary and the provision of an office (not in Biomet’s
facilities), not to exceed One Hundred Fifty Thousand Dollars ($150,000), paid quarterly, per fiscal year (pro-rated for any partial years); and 

  

	 	(ii)	For the consulting services identified in this Agreement, Biomet shall pay Consultant Two Hundred Fifty Thousand Dollars ($250,000), paid quarterly, per fiscal year
(pro-rated for partial years). 

  

			
	Mailing Address:	  	Shipping Address:
	P.O. Box 587	  	56 East Bell Drive
	Warsaw, IN 46581-0587	  	Warsaw, IN 46582
	Toll Free: 800.348.9500	  	
	Office: 574.267.6639	  	
	Main Fax: 574.267.8137	  	
	www.biomet.com	  	








 Dane A. Miller, Ph.D. 
 September 6, 2011 
 Page Two 

*    *    * 
  

	 	6.	Term and Termination. 

 (a) The term of this Agreement shall commence on the Effective Date and shall continue until the earlier of (i) the fourth anniversary of the Effective Date (i.e. September 1, 2013),
(ii) an Initial Public Offering, or (iii) a Change of Control (the “Term”). 

*    *    * 
 All other terms and provisions of the Agreement will remain in effect and unchanged. If you are agreeable to these changes, please indicate your acceptance by signing below and returning the original of
this amendment to me. Thank you for your assistance. 
 Sincerely, 

 

	
	/s/ Jeffery R. Binder
	Jeffrey R. Binder
	President and Chief Executive Officer,
	Biomet, Inc.

 Accepted and agreed to this
    6th             day of September, 2011. 
  

	
	/s/ Dane A. Miller
	Dane A. Miller, Ph.D.
<PAGE>
<TABLE>
<CAPTION>





                             Exhibit 11

                             Bankers Corp.
                   Computation of Earnings Per Share

                                                                         
                                     Three Months Ended       Six Months Ended
                                        June 30,                 June 30, 
                                      -----------------       -----------------
(in thousands, except per share data)       1997     1996     1997      1996 
                                            ----     ----     ----      ----  
<S>                                         <C>      <C>      <C>       <C>  
Primary:                     
    Average shares outstanding              12,390   12,560   12,384    12,731 
    Net effect of the assumed exercise of
    stock options-based on the treasury
    stock method using average market
    price                                      266      252      268       256 
                                            ------   ------   ------    ------ 
        Total                               12,656   12,812   12,652    12,987 
                                            ======   ======   ======    ====== 
         
    Net income                              $7,209   $6,139  $14,322   $12,345
 
    Net income per share                     $0.57    $0.48    $1.13     $0.95 
  
Fully Diluted:
  Average shares outstanding                12,390   12,560   12,384    12,731 
  Net effect of the assumed exercise of
  stock options-based on treasury
  stock method using average market price
  or period-end market price, whichever
  is higher                                    274      254      279       259 
                                            ------   ------   ------    ------
  Total                                     12,664   12,814   12,663    12,990
                                            ======   ======   ======    ======  
    Net income                              $7,209   $6,139  $14,322   $12,345 

    Net income per share                     $0.57    $0.48    $1.13     $0.95 
</TABLE>
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40857 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
JESUS HIDALGO

- DOMINGUEZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 129

Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Jesus Hidalgo

Dominguez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and U nited States v. Flores , 632 F.3d 229 (5th Cir. 2011). Hidalgo

- Dominguez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected
therein , as well as Hidalgo

- Dominguez ’ s response . We concur with counsel’s

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 26, 2016 Lyle W. Cayce Clerk Case: 15-40857 Document: 00513481183 Page: 1 Date Filed: 04/26/2016No. 15

- 40857

2 assessment that the appeal presents no nonfrivolous 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 DISMISSE D. See 5 TH C IR

. R. 42.2. Hidalgo

- Dominguez ’s motion for appointment of counsel
is DENIED. Case: 15-40857 Document: 00513481183 Page: 2 Date Filed: 04/26/2016
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-1454

BETTY L. LOVE, Plaintiff - Appellant, versus UNITED STATES DEPARTMENT OF LABOR; MADELINE O'BRIEN; ANTHONY SANCHEZ; CARY LEVANTHAL; DUANE A. CEASAR; DEBBIE ANDERSON; PATRICIA D. COLEMAN; MABLE E. MACKALL, Defendants - Appellees. Appeal from the United States District Court for the District ofMaryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA96-3554-S) Submitted: August 14, 1997 Decided: August 20, 1997 Before NIEMEYER, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Betty L. Love, Appellant Pro Se. Allen F. Loucks, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order dismissing her civil action for lack of jurisdiction. See Fed. R. Civ. P. 12(b)(1). We have reviewed the record and the district court's opinion and find no reversible error. To the extent Appellant alleges a claim under the Federal Tort Claims Act, the districtcourt lacked jurisdiction because she failed to file an administrative claim with the appropriate federal agency. See 28 U.S.C. § 2675(a) (1994); Ahmed v. United States , 30 F.3d 514, 516 (4thCir. 1994) (requirement of filing an administrative claim is jurisdictional and may not be waived). To the extent Appellant alleges a claim under the Federal Employees Compensation Act (FECA), the district court lacked jurisdiction to review such c laims. See 5 U.S.C. § 8128(b) (1994); Hanauer v. Reich , 82 F.3d 1304, 1307 (4th Cir. 1996) (absent the agency exceeding its scope of authority, judicial review of FECA claims is barred). Accordingly, we affirm. We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Preparation of Defoamer Formulation

Part II, Section B-Industrial Sites controlled by others

Schematic diagram

PMN Substance 

recieved & stored on 

site

Mixing tank

Storage Tank of final 

product Bulk Tank Car to paper 

mill

D- Cleaning Storage tank

3- Controlled release cleaning storage tank

A- Unloading shipping containers

1- Controlled release cleaning shipping vessel

B- Cleaning on-site storage tank

2- Controlled release from cleaning storage tank

C- Sampling 

product 
Worker activities (lettered on schematic)

Letter or 

activity from 

above

Max # workers 

exposed per 

site

Duration of 

exposure (Hr) 

Protective 

equipment 

engineering 

controls/% 

PMN

% PMN as 

used in 

operation

A- unloading 

and sampling

2 1 hr/day, every 

30 days

Safety glasses, 

chemical 

resistant 

gloves

10%

B- cleaning 

storage tank

2 4 hrs each, 

every two 

years

Safety glasses, 

chemical 

resistant 

gloves

10%

CSampling 

product

2 0.25 hr, 

3X/week

Safety glasses, 

chemical 

resistant 

gloves

2%

D- cleaning 

storage tank

2 4 hrs each, 

every two 

years

Safety glasses, 

chemical 

resistant 

gloves

2%
Environmental release (number on schematic)

Release number Amt. of PMN released Media of release and 

control technology

1- Isotank 4 kg (heel) Waste water containing 

residual PMN sent to onsite waste water treatment 

plant

2- cleaning storage tank 4 kg Waste water containing 

residual PMN sent to onsite waste water treatment 

plant

3- Cleaning finished 

product tank

0.8 kg Waste water containing 

residual PMN sent to onsite waste water treatment 

plant
#### Arkansas State Highway Commission v. W. D. Freyaldenhoven et ux

5-4889

439 S.W. 2d 791

Opinion Delivered April 21, 1969

[Rehearing denied May 19, 1969.]

*Thomas B. Keys*and *Kenneth R. Brock*for appellant.

*Gordon, Gordon & Eddy*for appellees.

George Rose Smith, Justice.

In this eminent domain proceeding the appellant is condemning a right-of-way for Interstate 40 across the appellees’ 300-acre farm, effectively cutting it in two. The jury fixed the landowners’ compensation at $20,000. The only argument for reversal is the Commission’s contention that there is no substantial evidence to sustain the landowners’ claim for severance damages, which necessarily made up the greater part of the jury’s verdict.

The controversy narrows down to the adequacy of an underpass which the condemnor constructed for the landowners’ cattle to use in traveling from one side of the divided highway to the other. There are pastures *689on both sides. It is an undisputed fact that in the landowners ’ cattle-raising operation the animals must be transferred from one pasture to the other several times a year. If the cattle can be induced to use the underpass, then the severance damages will fall far short of the amount of the verdict. But if the landowners must load their livestock in trucks and transport them to an overpass half a mile away, then the verdict is not excessive.

AVe must uphold the verdict. The landowners requested an underpass ten feet high and ten feet wide, but the highway department engineers merely enlarged a proposed concrete drainage culvert to dimensions of five feet by five feet. This tunnel is 165 feet long and according to the proof is decidedly dark throughout much of its length. AVitnesses for the landowners observed snakes and mud in the tunnel. Freyaldenhoven himself, an experienced cattle raiser, testified that his livestock refused to enter the underpass, which had been completed before the trial. He roped a gentle cow and attempted to pull her through the tunnel, but the animal balked. The jury was shown a photograph depicting that unsuccessful effort. Another cattleman, the witness Grisswood, testified that in his opinion it. would not be possible to force cattle to use the underpass. Two real estate appraisers also expressed that opinion.

The highway department countered that testimony with the opinions of two other real estate appraisers •who thought that the underpass would serve its intended purpose. The department also offered the testimony of a cattle raiser who had a similar tunnel on his property in Clark county. He testified that his cattle had readily learned to use the underpass, though the jury may have doubted his further statement that he had a 1,200-pound work horse that customarily went through the tunnel “even though he had to squat just a little.” From what we have said it is evident that the decisive issue was that of weighing the conflicting testimony of *690experienced witnesses, all of whom were worthy of belief. IIpon such an issue the verdict is conclusive.

Affirmed.
[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Notices]
[Page 5665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1968]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Drug Abuse; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Advisory Council on Drug Abuse, February 3, 2009, 2 p.m. to February 4, 
2009, 1 p.m., National Institutes of Health, Neuroscience Center, 6001 
Executive Boulevard, Rockville, MD 20852 which was published in the 
Federal Register on January 21, 2009, 74; 12 FR E9-985.
    The meeting scheduled for February 3, 2009 from 2 p.m. to 5 p.m. 
was changed from open to closed to the public.
    The meeting is partially closed to the public.

    Dated: January 23, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E9-1968 Filed 1-29-09; 8:45 am]
BILLING CODE 4140-01-M
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Fl  401 South Tryon Street  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Reference is hereby made tothat certain Trust and Servicing Agreement dated as of November 28, 2016, byand among J.P. Morgan Chase Commercial Mortgage Securities Corp., as Depositor,Wells Fargo Bank, National Association, as Servicer, Aegon USA Realty Advisors,LLC, as Special Servicer, Wells Fargo Bank, National Association, asCertificate Administrator and Wilmington Trust, National Association, asTrustee, with respect to Commercial Mortgage Pass-Through Certificates Series2016-HHV (the "Agreement"). Capitalized terms used herein nototherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section 13.7 ofthis Agreement, I, Daniel Bober, Executive Vice President of CommercialMortgage Services do hereby certify that:

 

1.  A review of theactivities of the Servicer during the period from November 28, 2016 throughDecember 31, 2016 (the “Reporting Period”), and of its performance per theAgreement during such period has been made under my supervision, and 

 

2.  To the best of myknowledge, based on such review, the Servicer has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

3.  A statement that aregistered public accounting firm that is a member of the American Institute ofCertified Public Accountants has issued an attestation report on such ReportingServicer’s assessment of compliance with the Applicable Servicing Criteria asof and for such period.

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President 

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll go far |
|------------------------|------------------------------------|
[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Page 41931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19841]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Boston Harbor Islands National Recreation Area Advisory Council; 
Notice of Public Meeting

AGENCY: Department of the Interior, National Park Service, Boston 
Harbor Islands National Recreation Area.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a meeting of the Boston Harbor 
Islands National Recreation Area Advisory Council will be held on 
Wednesday, September 16, 2009, at 6 p.m. to 8 p.m. at the New England 
Aquarium, Harborside Learning Lab, Central Wharf, Boston, MA.
    This will be the quarterly meeting of the Council. The agenda will 
include an update on the messaging project, discussion of how to 
stimulate public participation in park planning and other management 
efforts, a park update and public comment.
    The meeting will be open to the public. Any person may file with 
the Superintendent a written statement concerning the matters to be 
discussed. Persons who wish to file a written statement at the meeting 
or who want further information concerning the meeting may contact 
Superintendent Bruce Jacobson at (617) 223-8667.

DATES: September 16, 2009 at 6 p.m.

ADDRESSES: New England Aquarium, Harborside Learning Lab, Central Wharf 
Boston, MA.

FOR FURTHER INFORMATION CONTACT: Superintendent Bruce Jacobson, (617) 
223-8667.

SUPPLEMENTARY INFORMATION: The Advisory Council was appointed by the 
Director of National Park Service pursuant to Public Law 104-333. The 
28 members represent business, educational/cultural, community and 
environmental entities; municipalities surrounding Boston Harbor; 
Boston Harbor advocates; and Native American interests. The purpose of 
the Council is to advise and make recommendations to the Boston Harbor 
Islands Partnership with respect to the development and implementation 
of a management plan and the operations of the Boston Harbor Islands 
NRA.

    Dated: July 29, 2009.
Bruce Jacobson,
Superintendent, Boston Harbor Islands NRA.
[FR Doc. E9-19841 Filed 8-18-09; 8:45 am]
BILLING CODE 4310-86-P
From: Myers, Dianna
To: Kenny.Monroe@kimley-horn.com ; Angela.Midgett@tn.gov ; claiborne.barnwell@dot.gov ; jbeasley@deq.state.ms.us ; ebickerstaff@deq.state.ms.us ; Boyd, Christopher ; pbrown@mdot.ms.gov ; agallawaycityh@comcast.net ; theresa.claxton@dot.gov ; Marc.Corrigan@tn.gov ; dbaskin@MillOPED.org ; corbin.davis@dot.gov ; Davis, Scott ; bce@sbcglobal.net ; Elizabeth.Martin@dot.gov ; Allison.Fluitt@kimley-horn.com ; fmcphail@ci.collierville.tn.us ; kelsey.ford@kimley-horn.com ; Fritchie, Denis ; Goldstein, Michael ; Gray, Carter ; tgwaltney@germantown-tn.gov ; Lacey.Hardin@state.tn.us ; thaysley@desotocountyms.gov ; khead@deq.state.ms.us ; eholloway@mdot.state.ms.us ; Holt, Jim ; Horton, Kate ; Hou, James ; James.Collins@kimley-horn.com ; randal.jansen@dot.gov ; jclancaster@matatransit.com ; jely@mdot.state.ms.us ; John.Cameron@memphistn.gov ; Alan.Jones@state.tn.us ; Linda.Lawrence@shelbycountytn.gov ; Vicki.Lowe@tn.gov ; Blaine.Lynch@kimley-horn.com ; Mark.McAdoo@tn.gov ; Tmeyer@lakelandtn.org ; Lloyd, Mitchell ; jim.ozment@tn.gov ; Ray, Andrew - City of Memphis ; Randy@portofmemphis.com ; rmcclanahan@cityofbartlett.org ; mrao@deq.state.ms.us ; Robert.Rock@tn.gov ; Rogers, Bob ; Hossain, Sajid ; Sheckler, Kelly A. ; Somerville, Amanetta ; Spann, Jane ; Srivastava, Pragati ; barry.stephens@tn.gov ; pstuckert@lakelandtn.org ; Quincy.Styke@tn.gov ; ewoods@fayettetn.us ; tfox@matatransit.com ; Needham, Tom ; trung.vo@kimley-horn.com ; Dean, Kenneth ; zhiyong.guo@kimleyhorn.com ; Farngalo, Zuri Subject: UPDATE on Transportation Conformity for the 1997 8-hour Ozone Standard
Date: Wednesday, February 18, 2015 8:30:11 AM



## Hello All,

On Friday, the EPA Administrator signed the final 2008 ozone NAAQS SIP requirements rule. Among other things the final rule revokes the 1997 ozone NAAQS for all purposes. The pre-proposal version
of the notice can be found at: http://www.epa.gov/airquality/ozonepollution/pdfs/20150213fr.pdf

Revocation of the 1997 ozone NAAQS is discussed in section IV.A. of the notice which starts on page 126 of the proposal.

The expectation is that the notice will be published in about 2 weeks

. It will be effective 30 days after publication

. So, the effective date will be in late-March or very early April.

This means, that the Memphis 1997 8-hour ozone maintenance area will no longer be required to conduct a conformity determination for the 1997 8-hour ozone standard effective late-March/ early April.

Let me know if you have any further questions.



# Dianna B. Myers
Physical Scientist Regional Transportation Conformity Contact Air Regulatory Management Section Phone: (404) 562-9207 Fax: (404) 562-9019 e-mail myers.dianna@epa.gov

From: Kenny.Monroe@kimley-horn.com [mailto:Kenny.Monroe@kimley-horn.com]

Sent: Tuesday, January 27, 2015 12:41 PM

To: Angela.Midgett@tn.gov; claiborne.barnwell@dot.gov; jbeasley@deq.state.ms.us; ebickerstaff@deq.state.ms.us; Christopher.Boyd@shelbycountytn.gov; pbrown@mdot.ms.gov;
Electronically Filed Supreme Court SCWC-29930 05-APR-2011 10:54 AM

NO. SCWC-29930 IN THE SUPREME COURT OF THE STATE OF HAWAI ' I GABRIEL APILANDO, Petitioner/Petitioner-Appellee
vs. STATE OF HAWAI ' I, Respondent/Respondent-Appellant

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (S.P.P. NO. 08-1-0006; CR. NOS. 01-1-0424 & 01-1-0098) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI 1 (By: Acoba, J., for the court ) The Application for Writ of Certiorari filed on February 18, 2011 by Petitioner/Petitioner-Appellee Gabriel Apilando is hereby rejected. DATED: Honolulu, Hawai ' i, April 5, 2011. FOR THE COURT: /s/ Simeon R. Acoba, Jr.

Associate Justice Jeffrey A. Hawk (Hawk Sing Ignacio & Waters) forpetitioner/petitionerappellee on the application.

1 Considered by: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.
#### § 20.515 Are there any exceptions to those actions?

The Secretary of the Treasury may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the Secretary of the Treasury determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official.