alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
PCRX - 3.31.15 - EX 10.4






Exhibit 10.4
AMENDMENT #4 TO SERVICES AGREEMENT
This Amendment #4 to Services Agreement (this “Amendment”), is entered into as of November 17, 2014, by and between Pacira Pharmaceuticals, Inc., (the “Company”), MPM Asset Management LLC (“MPM”) and Gary Patou (“Consultant”).
This Amendment #4 amends the Services Agreement dated October 28, 2010 by and among the Company, MPM and Consultant, as amended on December 8, 2011, November 29, 2012 and September 11, 2013 (the “Original Agreement”).  If there is any conflict between the provisions of this Amendment and those in the Original Agreement, the provisions of this Amendment govern.  Except as expressly stated in this Amendment, capitalized terms used and not defined herein have the same meanings defined in the Original Agreement.  Except as expressly amended herein, all other terms and provision of the Original Agreement remain in full force and effect.
RECITALS
A.    Consultant currently devotes approximately 80% of his business time to the Company for a monthly service fee of $26,467.33 through December 31, 2014.  The parties wish to extend this agreement through December 31, 2015 and agree that from January 1, 2015 through December 31, 2015, the Consultant will devote approximately 50% of his business time to the Company for a monthly service fee of $15,880.40.  
AGREEMENT
NOW, THEREFORE, in consideration of the representations, warranties and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1.    Section 4(a) is hereby amended to add that the amount of Monthly Services Fee is $15,880.40 from January 1, 2015 through December 31, 2015.
2.    Exhibit A is hereby amended to add that Consultant shall devote approximately 50% of his business time to the Company from January 1, 2015 through December 31, 2015.


[Remainder of Page Intentionally Left Blank]













IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first above written.




PACIRA PHARMACEUTICALS, INC.
By: /s/ David Stack    
Dave Stack
President, CEO and Chairman






MPM ASSET MANAGEMENT LLC
By: /s/ Luke Evnin    
Luke Evnin
Managing Director
    




CONSULTANT




/s/ Dr. Gary Patou        
Dr. Gary Patou
<TABLE> <S> <C>


<ARTICLE>                     5
<RESTATED>
       
<S>                             <C>                      <C>
<PERIOD-TYPE>                   3-MOS                    12-MOS
<FISCAL-YEAR-END>                       DEC-31-1996         DEC-31-1996
<PERIOD-START>                          OCT-01-1996         JAN-01-1996
<PERIOD-END>                            DEC-31-1996         DEC-31-1996
<CASH>                                       10,894              10,894
<SECURITIES>                                      0                   0
<RECEIVABLES>                                 5,864               5,864
<ALLOWANCES>                                      0                   0
<INVENTORY>                                       0                   0
<CURRENT-ASSETS>                             26,634              26,634
<PP&E>                                      368,005             368,005
<DEPRECIATION>                              (36,027)            (36,027)
<TOTAL-ASSETS>                              358,612             358,612
<CURRENT-LIABILITIES>                         9,537               9,537
<BONDS>                                     183,657             183,657
<PREFERRED-MANDATORY>                             0                   0
<PREFERRED>                                  19,162              19,162
<COMMON>                                        121                 121
<OTHER-SE>                                  145,309             145,309
<TOTAL-LIABILITY-AND-EQUITY>                358,612             358,612
<SALES>                                           0                   0
<TOTAL-REVENUES>                         12,109,000          47,170,000
<CGS>                                             0                   0
<TOTAL-COSTS>                             6,317,000          27,777,000
<OTHER-EXPENSES>                          8,411,000          11,199,000
<LOSS-PROVISION>                                  0                   0
<INTEREST-EXPENSE>                        3,641,000          14,175,000
<INCOME-PRETAX>                          (1,260,000)         (5,981,000)
<INCOME-TAX>                                      0                   0
<INCOME-CONTINUING>                      (1,260,000)         (5,981,000)
<DISCONTINUED>                                    0                   0
<EXTRAORDINARY>                                   0            (103,000)
<CHANGES>                                         0                   0
<NET-INCOME>                             (1,260,000)         (6,084,000)
<EPS-PRIMARY>                                 (0.56)              (0.55)
<EPS-DILUTED>                                 (0.56)              (0.55)
        

</TABLE>
[Federal Register Volume 74, Number 23 (Thursday, February 5, 2009)]
[Notices]
[Page 6159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2381]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Agency for Healthcare Research and Quality; Notice of Meetings

    In accordance with section 10(d) of the Federal Advisory Committee 
Act as amended (5 U.S.C., Appendix 2), the Agency for Healthcare 
Research and Quality (AHRQ) announces meetings of scientific peer 
review groups. The subcommittees listed below are part of the Agency's 
Health Services Research Initial Review Group Committee.
    The subcommittee meetings will be closed to the public in 
accordance with the Federal Advisory Committee Act, section 10(d) of 5 
U.S.C., Appendix 2 and 5 U.S.C. 552b(c)(6). Grant applications are to 
be reviewed and discussed at these meetings. These discussions are 
likely to involve information concerning individuals associated with 
the applications, including assessments of their personal 
qualifications to conduct their proposed projects. This information is 
exempt from mandatory disclosure under the above-cited statutes.
    1. Name of Subcommittee: Health Care Quality and Effectiveness 
Research
    Date: February 24, 2009 (Open from 9 a.m. to 9:15 a.m. on February 
24 and closed for remainder of the meeting).
    Place: Marriott RIO, Conference Room TBD, 9751 Washingtonian Blvd., 
Gaithersburg, MD 20878.
    2. Name of Subcommittee: Health Care Technology and Decision 
Sciences
    Date: March 4, 2009 (Open from 8 a.m. to 8:15 a.m. on March 4 and 
closed for remainder of the meeting).
    Place: Marriott RIO, Conference Room TBD, 9751 Washingtonian Blvd., 
Gaithersburg, MD 20878.
    3. Name of Subcommittee: Health Systems Research
    Date: March 5, 2009 (Open from 8 a.m. to 8:15 a.m. on March 5 and 
closed for remainder of the meeting).
    Place: Marriott RIO, Conference Room TBD, 9751 Washingtonian Blvd., 
Rockville, Maryland 20878.
    4. Name of Subcommittee: Health Care Research Training
    Date: March 5-6, 2009 (Open from 9 a.m. to 9:15 a.m. on March 5 and 
closed for remainder of the meeting).
    Place: Marriott RIO, Conference Room TBD, 9751 Washingtonian Blvd., 
Rockville, Maryland 20878.
    Contact Person: Anyone wishing to obtain a roster of members, 
agenda, or minutes of the nonconfidential portions of the meetings 
should contact Mrs. Bonnie Campbell, Committee Management Officer, 
Office of Extramural Research, Education and Priority Populations, 
AHRQ, 540 Gaither Road, Suite 2000, Rockville, Maryland 20850, 
Telephone (301) 427-1554.
    Agenda items for these meetings are subject to change as priorities 
dictate.

    Dated: January 28, 2009.
Carolyn M. Clancy,
Director.
[FR Doc. E9-2381 Filed 2-4-09; 8:45 am]
BILLING CODE 4160-90-M
2015.4.30 8-K EXHIBIT 10.2 LTIP Additional Definition






Exhibit 10.2
2015 Additional Definitions


Under 


Lands’ End, Inc. 
Long-Term Incentive Program
(As Amended and Restated)


“Corporate Post-Incentive EBITDA” means earnings before interest, taxes, depreciation and amortization for the Performance Period computed as operating income appearing on the Company’s statement of operations for the applicable reporting period, adjusted for depreciation, amortization, gains/(losses) on sales of assets and other items the Company determines affects the comparability of financial statements.  In determining LTIP financial goal achievement, the Compensation Committee shall adjust either the performance target or actual results to reflect the following occurrences affecting the Company during the performance period:
		
	•
	the effects of currency fluctuations in comparison to plan currency rates;


		
	•
	gains or losses from litigation, claim judgments, or regulatory proceedings including product recalls or legal and insurance settlements that, in each case, individually exceed $500,000;


		
	•
	the effect of changes in laws, regulations, or accounting principles, methods or estimates;


		
	•
	write down or impairment of assets;


		
	•
	the gain or loss from the sale or discontinuance of a business segment, division, or unit, and the planned, unrealized EBITDA for this business segment, division, or unit;


		
	•
	results from an unplanned acquired business and costs related to the unplanned acquisition;


		
	•
	restructuring and severance costs pursuant to a plan approved by the board and CEO;


		
	•
	the impact of the unplanned termination or loss of store leases; and


		
	•
	extraordinary items as defined by GAAP. 




“Non Retail Revenue” means revenue reported on our external financial statements excluding the revenue generated from “brick & mortar” retail (specifically Lands’ End Shops at Sears and Inlet stores).  In determining LTIP financial goal achievement, the Committee shall adjust either the performance target or actual results to reflect the following occurrences affecting the Company during the performance period:
		
	•
	the effects of currency fluctuations in comparison to plan currency rates;


		
	•
	gains or losses from litigation, claim judgments, or regulatory proceedings including product recalls or legal and insurance settlements that, in each case, individually exceed $500,00;


		
	•
	the effect of changes in laws, regulations or accounting principles, methods or estimates;


		
	•
	revenue associated with sale or discontinuance of a business segment, division or unit;


		
	•
	extraordinary items as defined by GAAP;


		
	•
	The gain or loss from the sale or discontinuance of a business segment, division or unit and the planned, unrealized revenue for this business segment, division or unit; and


		
	•
	results from an unplanned acquired business.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-7067

JERMAINE ANTWAN TART,

Plaintiff - Appellant,

v.

MARK TROCK,

Defendant - Appellee,

and

MAIL ROOM STAFF,

Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Louise W. Flanagan, District Judge. (5:19-ct-03231-FL)

Submitted: November 22, 2022 Decided: November 29, 2022

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Jermaine Antwan Tart, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7067 Doc: 8 Filed: 11/29/2022 Pg: 1 of 2
2

PER CURIAM:

Jermaine Antwan Tart appeals the district court’s order granting summary judgment 

to Appellee and dismissing without prejudice Tart’s 42 U.S.C. § 1983 complaint for failure 

to exhaust administrative remedies. We have reviewed the record and find no reversible 

error. Accordingly, we affirm the district court’s judgment. Tart v. Trock, No. 5:19-ct03231-FL (E.D.N.C. Aug. 30, 2022). We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED

USCA4 Appeal: 22-7067 Doc: 8 Filed: 11/29/2022 Pg: 2 of 2
IIB 

110TH CONGRESS 

1ST SESSION H. R. 2602 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2007 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To name the Department of Veterans Affairs medical facility 

in Iron Mountain, Michigan, as the ‘‘Oscar G. Johnson 

Department of Veterans Affairs Medical Facility’’. 

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


hmoore on PRODPC68 with HMBILLS
2 

HR 2602 RFS

1 SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

2 MEDICAL FACILITY, IRON MOUNTAIN, MICHI3 GAN. 

4 The Department of Veterans Affairs medical facility 

5 in Iron Mountain, Michigan, shall after the date of the 

6 enactment of this Act be known and designated as the 

7 ‘‘Oscar G. Johnson Department of Veterans Affairs Med8 ical Facility’’. Any reference to that medical facility in any 

9 law, regulation, map, document, record, or other paper of 

10 the United States shall be considered to be a reference 

11 to the Oscar G. Johnson Department of Veterans Affairs 

12 Medical Facility. 

Passed the House of Representatives June 25, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


hmoore on PRODPC68 with HMBILLS
Editorial Note on Part 1102
Editorial Note: Nomenclature changes to part appear at 83 FR 43739, Aug. 28, 2018.

§ 1102.2 Definitions. For purposes of this subpart: ( a ) *Federally related transaction (FRT)* means any real estate-related financial transaction which: ( 1 ) A Federal financial institutions regulatory agency engages in, contracts for, or regulates; and
( 2 ) Requires the services of an appraiser under the interagency appraisal rules. ((Title XI, section 1121(4), 12 U.S.C. 3350), implemented by the Office of the Comptroller of the Currency: 12 CFR 34.42(g) and 34.43(a); Federal Reserve Board: 12 CFR 225.62 and 225.63(a); Federal Deposit Insurance Corporation: 12 CFR 323.2(f) and 323.3(a); and National Credit Union Administration: 12 CFR 722.2(f) and 722.3(a).)
( b ) *Performance of appraisals* means the appraisal service requested of an appraiser is provided to the lender or appraisal management company (AMC).
( c ) *Petition* means information submitted to the ASC by the Federal or State financial institutions regulatory agencies, their respective regulated financial institutions, or other persons or institutions with a demonstrable interest in appraiser regulation, including a State Appraisal Agency, asking the ASC to exercise its discretionary authority to initiate a temporary waiver proceeding, and that meets the requirements, as determined by the ASC, set forth in § 1102.4.
( d ) *Request for Temporary Waiver* means information submitted to the ASC by a State Appraisal Agency with a written determination requesting a temporary waiver that meets the requirements, as determined by the ASC, set forth in § 1102.3.
( e ) *Scarcity of certified or licensed appraisers* means the number of active certified or licensed appraisers within a State or a specified geographical political subdivision is insufficient to meet the demand for appraisal services and such appraisers are difficult to retain.
( f ) *Significant delays in the performance of appraisals* means delays that are substantially out of the ordinary when compared to performance of appraisals for similarly situated FRTs based on factors such as geographic location (*e.g.,* rural versus urban) and assignment type, and the delay is not the result of intervening circumstances outside the appraiser's control or brought about by the appraiser's client (*e.g.,* inability to access the subject property).
( g ) *State Appraisal Agency* means the State appraiser certifying and licensing agency (Title XI, section 1121(1); *see also* 12 U.S.C. 3350(1)).
( h ) *Temporary waiver* means a waiver of any or all credentialing requirements for persons eligible to perform appraisals for FRTs; if granted, a temporary waiver does not waive the requirement for a *Uniform Standards of Professional Appraisal Practice* (USPAP)-compliant appraisal.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

QINGSHENG ZHOU , Plaintiff,

v. JAMES E. BOASBERG , Defendant. Civil Action No. 12

- cv
- 0 637 (RLW)

MEMORANDUM OPINION This matter comes before the Court on review of the plaintiff’s pro se civil C omplaint. 1 Plaintiff alleges that he filed a previous complaint in the U.S. District Court for the District of

Columbia that was assigned to Judge Boasberg, and that Judge Boasberg subsequently dismissed Plaintiff’s complaint in that case . Plaintiff now claims that upon receipt of Judge Boasberg’s letter

— presumably Judge Boasberg’s Memorandum Opinion dismissing the case

— he was “hurt.” (Compl. at 1). Plaintiff further allege s that Judge Boasberg’s dismissal order violated Section 1983 of the Civil Rights Act of 1871. Id

. Plaintiff seeks as relief “three

hundred millions.” Id

. “Judges enjoy absolute judicial immunity f rom suits for money dama g es for all actions taken in the judge’s judicial capacity, unless these actions are taken in the complete absence of all jurisdiction.” Sindram v. Suda , 986 F.2d 1459, 1460 (D.C. Cir. 1993). In addition , “[a] judge will not be de prived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority.” Stump v. Sparkman , 435 U.S. 349, 356

- 57

1 The Court acknowledges that complaints filed by pro se litigants are held to less stringent standards than those applied to formal pleadings drafted by lawyers. See Haines v. Kerner , 404 U.S. 519, 520 (1972).2 (1978). Plaintiff seeks damages from Judge Boasberg for dismissing, sua sponte , a prior case

. ( Compl. at 1). While i t appears that Plaintiff seeks a judgment against Judge Boasberg in his individual capacity, he has not identified any action taken by Judge Boasberg outside of his judicial capacity. B ecause Judge Boasberg acted solely within his c apacity as a federal judge and is therefore entitled to absolute immunity, Plaintiff’s claim is barred on judicial immunity grounds. See e.g. , Clark v. Taylor , 627 F.2d 284, 287 (D.C. Cir. 1980) (per curiam) (common law immunity of judges applies in suit s under 42 U.S.C. § 1983 alleging constitutional rights);

Moore v. Motz , 437 F. Supp. 2d 88, 91 (D.D.C. 2006) (absolute judicial immunity bars pro se plaintiff’s claims against federal judges stemming from acts taken in their judicial capacities).

P laintiff’s Complaint thus fails to state a claim upon which relief may be granted and will be dismissed with prejudice pursuant to Rule 12(b)(6)

. See Fed. R. Civ. P. 12(b)(6); Baker v. U.S. Parole Comm'n, 916 F.2d 725, 727 (D.C. Cir. 1990). The Court not es that the proper mechanism to achieve the relief that the Plaintiff seeks is an appeal of Judge Boasberg’s order of dismissal, not a lawsuit against Judge Boasberg in his personal capacity. A separate Order of dismissal accompanies this Memorandum Opinion.

SO ORDERED. May 1 , 201 2

__________________________ Robert L. Wilkins United States District Judge
§ 1209.15 Filing of papers. ( a ) *Filing.* All pleadings, motions, memoranda, and any other submissions or papers required to be filed in the proceeding shall be addressed to the presiding officer and filed with FHFA, 400 7th Street SW., Eighth Floor, Washington, DC 20219, in accordance with paragraphs (b) and (c) of this section.
( b ) *Manner of filing.* Unless otherwise specified by the Director or the presiding officer, filing shall be accomplished by: ( 1 ) *Overnight delivery.* Overnight U.S. Postal Service delivery or delivery by a reliable commercial delivery service for same day or overnight delivery to the address stated above; or
( 2 ) *U.S. Mail.* First class, registered, or certified mail via the U.S. Postal Service; and
( 3 ) *Electronic media.* Transmission by electronic media shall be required by and upon any conditions specified by the Director or the presiding officer. FHFA shall provide a designated site for the electronic filing of all papers in a proceeding in accordance with any conditions specified by the presiding officer. All papers filed by electronic media shall be filed concurrently in a manner set out above and in accordance with paragraph (c) of this section.
( c ) *Formal requirements as to papers filed* — ( 1 ) *Form.* To be filed, all papers must set forth the name, address, telephone number, and electronic mail address of the representative or party seeking to make the filing. Additionally, all such papers must be accompanied by a certification setting forth when and how service has been made on all other parties. All papers filed must be double-spaced on 81 ⁄ 2 × 11-inch paper and must be clear, legible, and formatted as required by paragraph (c)(5) of this section.
( 2 ) *Signature.* All papers filed must be dated and signed as provided in § 1209.13.
( 3 ) *Caption.* All papers filed must include at the head thereof, or on a title page, the FHFA caption, title and docket number of the proceeding, the name of the filing party, and the subject of the particular paper.
( 4 ) *Number of copies.* Unless otherwise specified by the Director or the presiding officer, an original and one copy of all pleadings, motions and memoranda, or other such papers shall be filed, except that only one copy of transcripts of testimony and exhibits shall be filed.
( 5 ) *Content format.* All papers filed shall be formatted in such program(s) (*e.g.,* MS WORD©, MS Excel©, or WordPerfect©) as the presiding officer or Director shall specify.
[76 FR 53607, Aug. 26, 2011, as amended at 80 FR 80233, Dec. 24, 2015]