alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.94


 





 


Amendment #1 to Employment
Agreement

To Comply with the Provisions of Section 409A of the Internal Revenue Code


 


Michael Morhaime


 


This
Amendment #1 to Employment Agreement (this “Amendment #1”)
is entered into as of December 15, 2008, by and between Michael Morhaime (“Employee”) and Activision Blizzard, Inc. (“Employer”).  All
capitalized terms shall have the same meaning set forth in the Employment
Agreement (as defined below).


 


RECITALS:


 


Employee
and Employer entered into an Employment Agreement dated as of December 1,
2007 (the “Employment Agreement”).


 


Employee
and Employer desire to amend the Employment Agreement in certain respects as
set forth herein in order to comply with the provisions of Section 409A of
the Internal Revenue Code of 1986, as amended.


 


AGREEMENT:


 


The
parties hereby agree to amend the terms of the Employment Agreement as follows:


 


1.                                 Disability.  The Employment Agreement is hereby amended to
delete the second and third sentences of Section 4(e) and replace
them with the following two sentences to read as follows:  You will be deemed to have a “Disability” if,
by reason of any medically determinable physical or mental impairment that can
be expected to result in death or can be expected to last for a continuous period
of not less than twelve months, you have received income replacement benefits
under the terms of any Company accident and health plan providing income
replacement benefits for a period of not less than six months. Your Base Salary
shall continue until the earliest of (i) such termination or (ii) your
death or (iii) the last day of the then current Term of this Agreement and
will (under each of the foregoing clauses) be reduced by other Company provided
disability benefits paid to and received by you.


 

















 


Except
as specifically set forth in this Amendment #1, the Employment Agreement shall
remain unmodified and in full force and effect. 
If any term or provision of the Employment Agreement is contradictory
to, or inconsistent with, any term or provision of this Amendment #1, then the
terms and provisions of this Amendment #1 shall in all events control.


 


 




	
  AGREED
  AND ACCEPTED:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Employee:

  	
   

  	
  Employer:

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Activision
  Blizzard, Inc.

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  /s/
  Michael Morhaime

  	
   

  	
  By:

  	
  /s/
  George L. Rose

  
	
   

  	
   

  	
   

  
	
  Michael
  Morhaime

  	
   

  	
  Name:
  

  	
  George
  L. Rose

  
	
  Date:
  

  	
  11/24/08

  	
   

  	
  Title:
  

  	
  Chief
  Legal Officer

  
	
   

  	
   

  	
  Date:
  

  	
  12/12/08
§ 423.758 Collection of civil money penalties imposed by CMS. ( a ) When a Part D plan sponsor does not request a hearing CMS initiates collection of the civil money penalty following the expiration of the timeframe for requesting an ALJ hearing as specified in subpart T.
( b ) If a Part D sponsor requests a hearing and CMS' decision to impose a civil money penalty is upheld, CMS may initiate collection of the civil money penalty once the administrative decision is final.
[72 FR 68735, Dec. 5, 2007]
**Exhibit 23.1** **CONSENT    OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     The Board of Directors and Stockholders    US Airways Group, Inc.:     We consent to the incorporation by reference in Registration    Statement Nos. 333-137806, 333-129896, 333-129899 and    333-130063 on Form S-3 of US Airways Group, Inc. and to the    incorporation by reference in the Registration Statement    No. 333-128766 on Form S-8 of US Airways Group,    Inc. of our reports dated February 27, 2007, with respect    to the consolidated balance sheets of US Airways Group,    Inc. and subsidiaries as of December 31, 2006 and 2005, and    related consolidated statements of operations, cash flows and    stockholders, equity and comprehensive income for each of the    years in the three-year period ended December 31, 2006,    management’s assessment of the effectiveness of internal    control over financial reporting as of December 31, 2006    and the effectiveness of internal control over financial    reporting as of December 31, 2006, which reports appear in    the December 31, 2006 Annual Report of Form 10-K of    US Airways Group, Inc.     Our report on the consolidated financial    statements refers to the adoption by the Company of Statement of Financial Accounting    Standards (“SFAS”) No. 158, *Employers    Accounting for Defined Benefit Pension and Other Postretirement    Plans, an amendment of FASB Statements No. 87, 88, 106 and    132(R)* effective December 31, 2006, and SFAS No. 123(R),    *Share Based Payment*, effective January 1, 2006 andthe change in the method of accounting for maintenance costs in 2005. /s/ KPMG LLP
§ 417.560 Apportionment: Part B physician and supplier services. ( a ) *Medical services furnished directly by the HMO or CMP.* The total allowable cost of Part B physician and supplier services furnished by employees or partners of the HMO or CMP or by a related entity of the HMO or CMP must be apportioned on the basis of the ratio of covered Part B services furnished to Medicare enrollees to total services furnished to all the HMO's or CMP's enrollees and nonenrolled patients. The HMO or CMP must use a method for reporting costs that is approved by CMS. CMS bases its approval on a finding that the method— ( 1 ) Results in an accurate and equitable allocation of allowable costs; and
( 2 ) Is justifiable from an administrative and cost efficiency standpoint.
( b ) *Medical services furnished under arrangements made by the HMO or CMP.* When the HMO or CMP pays for Part B physician and supplier services on some basis other than fee-for-service, the reasonable cost the HMO or CMP pays under its financial arrangement with the physician or supplier must be apportioned between Medicare enrollees and others based on the ratio of covered services furnished to Medicare enrollees to the total services furnished to all enrollees and nonenrolled patients. If apportionment on this basis would result in Medicare bearing the cost of furnishing services to individuals who are not Medicare enrollees, the Medicare share must be determined on another basis (approved by CMS) to ensure that Medicare pays only for services furnished to Medicare enrollees.
( c ) *Medical services furnished under an arrangement that provides for the HMO or CMP to pay on a fee-for-service basis.* The Medicare share of the cost of Part B physician and supplier services furnished to Medicare enrollees under arrangements, and paid for by the HMO or CMP on a fee-for-service basis, is determined by multiplying the total amount for all such services by the ratio of charges for covered services furnished to Medicare enrollees to the total charges for all such services.
( d ) *Emergency services, urgently needed services, and other covered medical services for which the HMO or CMP assumes financial responsibility.* The Medicare share of the cost of Part B emergency or urgently needed services or other Part B services that are not furnished by a provider and for which the HMO or CMP accepts financial responsibility is determined in accordance with paragraphs (b) and (c) of this section.
[50 FR 1346, Jan. 10, 1985, as amended at 58 FR 38082, July 15, 1993; 60 FR 34888, July 5, 1995]
104TH CONGRESS

2D SESSION H. R. 3387

AN ACT

To designate the Southern Piedmont Conservation

servation Center’’.Phil Campbell, Senior Natural Resource ConStation Road in Watkinsville, Georgia, as the ‘‘J.Research Center located at 1420 Experimental
104TH CONGRESS

2D SESSION H. R. 3387

AN ACT

To designate the Southern Piedmont Conservation Research

Center located at 1420 Experimental Station Road in

Watkinsville, Georgia, as the ‘‘J. Phil Campbell, Senior

Natural Resource Conservation Center’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3387 EH

1 SECTION 1. DESIGNATION OF J. PHIL CAMPBELL, SENIOR

2 NATURAL RESOURCE CONSERVATION CEN3 TER.

4 The Southern Piedmont Conservation Research Cen5 ter located at 1420 Experimental Station Road in

6 Watkinsville, Georgia, shall be known and designated as

7 the ‘‘J. Phil Campbell, Senior Natural Resource Conserva8 tion Center’’.

9 SEC. 2. REFERENCES.

10 Any reference in a law, map, regulation, document,

11 paper, or other record of the United States to the building

12 referred to in section 1 shall be deemed to be a reference

13 to the ‘‘J. Phil Campbell, Senior Natural Resource Con14 servation Center’’.

Passed the House of Representatives August 1,

1996.

Attest:

Clerk.
# C_2006131EN.01000802.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/8 |
| --- | --- | --- | --- |

3.6.2006

EN

Official Journal of the European Union

C 131/8

---

Judgment of the Court (First Chamber) of 16 March 2006 (reference for a preliminary ruling from the Rechtbank Utrecht) — Poseidon Chartering BV v Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje Sijswerda, Gerrit Schram

(Case C-3/04) (1)

1

(Directive 86/653/EEC - Self-employed commercial agents - Meaning of commercial agent - Conclusion and extensions of a single contract over several years)

(2006/C 131/14)

Language of the case: Dutch

Referring court

Rechtbank Utrecht

Parties to the main proceedings

Applicant(s): Poseidon Chartering BV

Applicant(s):

Defendant(s): Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje Sijswerda, Gerrit Schram

Defendant(s):

Re:

Reference for a preliminary ruling — Rechtbank Utrecht — Interpretation of Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ 1986 L 382, p. 17) — Meaning of commercial agent — Self-employed intermediary, who has negotiated a charter for a ship-owner, and its extension from year to year, in return for a commission

Operative part of the judgment

Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents is to be interpreted as meaning that, where a self-employed intermediary had authority to conclude a single contract, subsequently extended over several years, the condition laid down by that provision that the authority be continuing requires that the principal should have conferred continuing authority on that intermediary to negotiate successive extensions to that contract.

---

(1)  OJ C 59 of 6.3.2004.

1

---
First Amendment to Employee Agreement between Registrant and Thomas Legro



 Exhibit 10.33 
 AMENDMENT TO EMPLOYMENT AGREEMENT 
 Between 
 Mirant Corporation 
 and 
 Thomas E. Legro 
 This AMENDMENT TO EMPLOYMENT AGREEMENT (“the Amendment”) is
made as of October, 31, 2006, between Mirant Corporation (the “Company”), Mirant Services, LLC (“Services”) and Thomas E. Legro (“Executive”). Capitalized terms used herein and not defined shall
have the same meaning as set forth in the Employment Agreement executed by the parties on December 1, 2005 (the “Employment Agreement”). 
 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in compliance with Section 18 of the Employment Agreement, the parties hereto agree to amend the Employment
Agreement as follows: 
 The portion of Section 5(a) of the Employment Agreement that states: 
 Severance. 
 (a)
Termination Without Cause, Non-Renewal or for Good Reason. In the event of Executive’s termination of employment with the Company (1) by the Company without Cause (as defined herein), (2) by reason of the failure of the Company
to offer to renew the Agreement on terms that are based on competitive practices for companies of comparable size and standing in the same industry, or (3) by Executive for Good Reason (as defined herein), subject to the execution of a Release
substantially in the form attached as Exhibit D, Executive shall be entitled to the benefits set forth in this Section 5(a). 
 shall hereby be amended
to state as follows: 
 Severance. 
 (a) Termination Without Cause, Non-Renewal or for Good Reason. In the event of Executive’s termination of employment with the Company (1) by the Company without Cause (as defined herein), (2) by
reason of the failure of the Company to offer to renew the Agreement on terms and conditions at least equal to the terms and conditions set forth in the Agreement executed on December 1, 2005, which shall be deemed to include a Base Salary and
Target Bonus at least equal to the Executive’s Base Salary and Target Bonus at such time, or (3) by Executive for Good Reason (as defined herein), subject to the execution of a Release substantially in the form attached as Exhibit D,
Executive shall be entitled to the benefits set forth in this Section 5(a). 







 The terms of this Amendment shall have no force and effect on any other provision of the Employment
Agreement, including subsections (i) through (v) of Section 5(a). Upon execution, the terms of this Amendment shall be incorporated into the Employment Agreement and shall become binding and enforceable to the same extent and under
the same terms and conditions as all other provisions in the Employment Agreement when executed on December 1, 2005. 
 IN WITNESS
WHEREOF, the parties hereto have executed this Amendment as of the date first written above. 
  

			
	MIRANT CORPORATION
		
	By:	 	 
		 	Patricia A. Barnard
	Its: SVP, Administration
	
	MIRANT SERVICES, LLC
		
	By:	 	 
		 	Patricia A. Barnard
	Its: SVP, Administration
	
	 
	Thomas E. Legro
# C_2005212EN.01000101.xml

| 31.8.2005 | EN | Official Journal of the European Union | C 212/1 |
| --- | --- | --- | --- |

31.8.2005

EN

Official Journal of the European Union

C 212/1

---

Euro exchange rates (1)

1

30 August 2005

(2005/C 212/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2181 |
| JPY | Japanese yen | 135,81 |
| DKK | Danish krone | 7,4584 |
| GBP | Pound sterling | 0,68275 |
| SEK | Swedish krona | 9,3386 |
| CHF | Swiss franc | 1,5512 |
| ISK | Iceland króna | 77,40 |
| NOK | Norwegian krone | 7,9355 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5729 |
| CZK | Czech koruna | 29,566 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,05 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6961 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 4,0433 |
| RON | Romanian leu | 3,5062 |
| SIT | Slovenian tolar | 239,50 |
| SKK | Slovak koruna | 38,792 |
| TRY | Turkish lira | 1,6533 |
| AUD | Australian dollar | 1,6299 |
| CAD | Canadian dollar | 1,4628 |
| HKD | Hong Kong dollar | 9,4658 |
| NZD | New Zealand dollar | 1,7706 |
| SGD | Singapore dollar | 2,0547 |
| KRW | South Korean won | 1 260,31 |
| ZAR | South African rand | 7,9210 |
| CNY | Chinese yuan renminbi | 9,8633 |
| HRK | Croatian kuna | 7,4130 |
| IDR | Indonesian rupiah | 12 729,15 |
| MYR | Malaysian ringgit | 4,595 |
| PHP | Philippine peso | 68,427 |
| RUB | Russian rouble | 34,8080 |
| THB | Thai baht | 50,379 |

Currency

Exchange rate

USD

US dollar

1,2181

JPY

Japanese yen

135,81

DKK

Danish krone

7,4584

GBP

Pound sterling

0,68275

SEK

Swedish krona

9,3386

CHF

Swiss franc

1,5512

ISK

Iceland króna

77,40

NOK

Norwegian krone

7,9355

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5729

CZK

Czech koruna

29,566

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,05

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6961

MTL

Maltese lira

0,4293

PLN

Polish zloty

4,0433

RON

Romanian leu

3,5062

SIT

Slovenian tolar

239,50

SKK

Slovak koruna

38,792

TRY

Turkish lira

1,6533

AUD

Australian dollar

1,6299

CAD

Canadian dollar

1,4628

HKD

Hong Kong dollar

9,4658

NZD

New Zealand dollar

1,7706

SGD

Singapore dollar

2,0547

KRW

South Korean won

1 260,31

ZAR

South African rand

7,9210

CNY

Chinese yuan renminbi

9,8633

HRK

Croatian kuna

7,4130

IDR

Indonesian rupiah

12 729,15

MYR

Malaysian ringgit

4,595

PHP

Philippine peso

68,427

RUB

Russian rouble

34,8080

THB

Thai baht

50,379

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
CAS-RM-79-102 COMMENT 08

40442 Federal Register I Vol. 51, No. -216 I Friday, November 7, 1986 I Proposed Rules 

DEPARTMENT OF ENERGY 

OffIce of Conservation and 

Renewable Energy 

10 CFR Part 430 

(Docket No. CAS-A .... 7t-102) 

Energy Conservation Program for 

Consumer Products; Proposed 

Rulemaklng Regarding Test 

Procedures for Central Air' 

Conditioners, Including Heat Pumps; 

Extension of Comment Period 

AGENCY: Office of Conservation and 

Renewable Energy. DOE. 

AeTlON: Extension of comment period. 

SUMMARY: The Department of Energy 

mOE) hereby extends the comment 

period for the notice of proposed 

rulemaking regarding test procedures for 

central air conditioners. including heat 

pumps. published in the Federal Register 

on. October 7.1986. (51 FR 35736). The 

comment period is hereby extended to 

January 30. 1987. 

The purpose of this extension of the 

comment period. to January 30. 1987. is 

to allow interested parties sufficient 

time to review and comment on the 

proposed rule. Several representative 

organizations have communicated to 

DOE a need for thi~ extension to 

provide time to prepare comments on 

the notice due to the complex nature of 

the proposed rule. The initial comment 

period would have ended on December 

8. 1986. providing only 60 days for 

.. omments. DOE. in evaluating these 

requests. has determined that an 

extension in comment time is 

reasona bJe and in the best interests of 

oil concerned. This extension will not 

adversely affect the scheduled adoption 

of L1e Final Rule. 

DATES; Written comments (7 copies) in 

response to the nolice of proposed 

ruJemaking for central air conditioners. 

including heal pumps. must be received 

by January 30.1987. 

ADDRESSES: Written comments are to be 

submitted to; U.S. Department of Energy. 

Office of Conservation and Renewable 

Energy. Office of Hearings and Dockets. 

Central Air Conditioning Test 

Procedures. Docket No. CAS-RM-79-

102. Room 613-{)25. Forrestal Building. 

1000 Independence Avenue. SW .. 

Washington. DC 20585. (Z02) 252-9319. 

FOR FURTHER INFORMATION coMTACT: 

Michael I. McCabe. U.S. Department of 

Energy. Office of Conservation and 

Renewable Energy, FOrTestal Building. 

Mail Station. CE-l32. 1000 

Independence Avenue, SW., 

Washington. DC 20585, (202) 252-91.21 

Eugene Margolis. Esq., U.S. Department 

of Energy. Office of General Counsel. 

Forrestal Building. Mail Station. GC12.1000 Independence Avenue. SW .• 

Washington. DC 20585. (202) 252-9513 

U.S. Department of Energy. Office oC 

Hearings and Dockets. Forrestal 

Building. Room 68-025. 1000 

Independence Avenue. SW .• 

Washington. DC 20585. (202) 252-9319 

Issued in Wa&hinglon. DC. NO\'ember 3. 

1986. 

Donna R. Fitzpatrick. 

Assistant Secretor.·. Conservotion and 

Renewable EnpT"S}:' 

IFR Doc. 86-25182 Filed 11~; 8:45 amI 

IItLLIMG cOO( 14SO..(Jt-M
# C_2006074EN.01000302.xml

| 25.3.2006 | EN | Official Journal of the European Union | C 74/3 |
| --- | --- | --- | --- |

25.3.2006

EN

Official Journal of the European Union

C 74/3

---

Reference for a preliminary ruling from the Burgerlijke Rechtbank van Eerste Aanleg, Hasselt, by order of that court of 21 December 2005 in M.C.J.A. Geurts and D.H.M. Vogten v The Belgian State, Federale Overheidsdienst Financiën

(Case C-464/05)

(2006/C 74/06)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by order of the Burgerlijke Rechtbank van Eerste Aanleg (Civil Court of First Instance), Hasselt (Belgium) of 21 December 2005, received at the Court Registry on 27 December 2005, for a preliminary ruling in the proceedings between M.C.J.A. Geurts and D.H.M. Vogten and The Belgian State, Federale Overheidsdienst Financiën (Federal Finance Authority) on the following question:

| | Must Community law, and in particular Articles 43 EC and 56 EC, be interpreted as meaning that a restriction arising from a provision in the legislation of a region of a Member State concerning inheritance, in this case Article 60a of the Belgian Wetboek van Successierechten as applicable to an estate arising in the Flemish Region, which exempts the shares in a family company or the claims of the legal successor of the deceased, his heir, against such a company from inheritance tax if the company has employed at least five workers in the three years prior to the death of the deceased, but restricts that exemption to cases in which at least five workers have been employed in a particular region of that Member State (in casu, the Flemish Region), is incompatible with those articles? |
| --- | --- |

Must Community law, and in particular Articles 43 EC and 56 EC, be interpreted as meaning that a restriction arising from a provision in the legislation of a region of a Member State concerning inheritance, in this case Article 60a of the Belgian Wetboek van Successierechten as applicable to an estate arising in the Flemish Region, which exempts the shares in a family company or the claims of the legal successor of the deceased, his heir, against such a company from inheritance tax if the company has employed at least five workers in the three years prior to the death of the deceased, but restricts that exemption to cases in which at least five workers have been employed in a particular region of that Member State (in casu, the Flemish Region), is incompatible with those articles?

---
###### Editorial Note on Part 422

#### Editorial Note:

Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

#### § 422.1074 Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal.

Either of the parties has a right to request Departmental Appeals Board review of the ALJ's decision or dismissal order, and the parties are so informed in the notice of the ALJ's action.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsPolytetrafluoroethylene transfer film studied with X-ray photoelectron spectroscopyPolytetrafluoroethylene (PTFE) was rubbed against nickel in ultrahigh vacuum at loads up to 3.9 N and speeds up to 94 mm/sec. The transfer film formed on the nickel was analyzed using X-ray phototectron spectroscopy. The film was indistinguishable from bulk PTFE except for the possible presence of a small amount of NiF2. The transfer film was found to be about 1 molecule (0.5 nm) thick under all conditions; but at speeds above 10 mm/sec, there was evidence of bulk transfer in the form of fragments as well. The thickness measurements required a choice among conflicting published values of the inelastic mean free path for electrons in polymers. The values chosen gave internally consistent results.Document ID19810002706Acquisition SourceLegacy CDMSDocument TypeTechnical Publication (TP)AuthorsWheeler, D. R.*(NASA Lewis Research Center Cleveland, OH, United States)*Date AcquiredSeptember 4, 2013Publication DateNovember 1, 1980Subject CategoryNonmetallic MaterialsReport/Patent NumberE-414NASA-TP-1728Accession Number81N11214Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19810002706.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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