alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex_10-1.htm









FedFirst 10-Q

Exhibit 10.1




AMENDMENT TO THE EMPLOYMENT AGREEMENT BY AND BETWEEN

RICHARD BOYER AND EXCHANGE UNDERWRITERS, INC.









WHEREAS, Richard Boyer. entered into an amended and restated employment agreement with Exchange Underwriters, Inc. (“Exchange”) effective June 1, 2008 (the “Employment Agreement”); and





WHEREAS, the Board of Directors of Exchange has resolved to amend the Employment Agreement effective September 19, 2009 to clarify the terms of Mr. Boyer’s automobile benefits and the reimbursement of business expenses.





NOW, THEREFORE, Mr. Boyer and Exchange hereby agree to amend the Employment Agreement as follows:









FIRST CHANGE









Effective September 19, 2009, Section 8 shall be deleted in its entirety and replaced with the following new Section 8:





“Exchange will reimburse Executive for all reasonable and documented out-of-pocket business expenses (including, but not limited to, business cell phone use, parking, business entertainment, seminars, membership fees for organizations approved by the Board and dues
for such organizations) incurred in connection with his services under this Agreement. Executive must submit expenses to the President and Chief Executive Officer of the Bank for approval and substantiate the payment of all expenses in accordance with applicable policies of the Bank and Exchange.”









SECOND CHANGE









Effective September 19, 2009, Section 8(b) shall be deleted in its entirety and replaced with the following new Section 8(b):





“Executive may continue his use of a 2004 Acura TL owned by Exchange until the earlier of: (i) September 19, 2010 or (ii) Executive’s termination of employment with Exchange.  All costs associated with insuring and maintaining the Acura TL will be
paid for by Exchange until the earlier of: (i) Executive’s termination of employment with Exchange or (ii) September 19, 2010.”





IN WITNESS WHEREOF, the parties have duly executed and delivered this Amendment to the Employment Agreement as of October 15, 2009.










	
ATTEST:
	  	
EXCHANGE UNDERWRITERS, INC.

	  	  	  
	
/s/ Diane Merrick
	  	
/s/ Richard Boyer

	
Diane Merrick
	  	
Richard Boyer
Exhibit 32.02

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 on Form 10-Q of Serena Software, Inc. (the Company) for the fiscal quarter ended July 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Robert I. Pender, Jr., Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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; and
|--- | ---------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods
presented.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    ROBERT I. PENDER,
JR.Robert I. Pender, Jr. Senior Vice President,
Finance And Administration, Chief Financial Officer (Principal Financial And Accounting Officer)


Date: September 11, 2009

A signed original of this written statement required by Section 906 has been provided to Serena Software, Inc. and will be retained by Serena Software, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.

This Certification is not deemed filed with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of the registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.
#### In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, Appellant, for an Order to Take Possession of the Property and Liquidate the Business of Lloyds Insurance Company of America; Lyman A. Spalding et al., Respondents.

Argued April 21, 1937;

decided May 25, 1937.

*514
      *Irvin Waldman*and *Alfred C. Bennett*for appellant. *James A. Doherty,*in person, and for Thomson & McGinty, respondents.

*Lyman A. Spalding,*in person *{John H. Jackson*and *Francis G. Hoyt*of counsel), respondent.

Orders affirmed, with separate bills of costs to each claimant; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ.
EXHIBIT 23.2


             CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


     We consent to the incorporation by reference in the Registration
Statement (Form S-8 No. 33-67188) pertaining to The Diana Corporation 1986
Nonqualified Stock Option Plan and the Registration Statements (Form S-3 Nos.
33-88392 and 333-1055) of The Diana Corporation and in the related Prospectus
of our report dated June 2, 1995, with respect to the consolidated financial
statements and schedules of The Diana Corporation included in the Annual
Report (Form 10-K) for the fiscal year ended March 31, 1997.


Milwaukee, Wisconsin                                       ERNST & YOUNG LLP
September 22, 1997
#### ALEXANDER v. THE STATE.

(Decided December 19, 1916.)

Appeal from Jefferson Criminal Court.

Heard before Hon. Wm. E. Fort.

No counsel marked for appellant.

W. L. Martin, Attorney General, for .the State.

Per curiam.

Appeal dismissed for failure to file transcript.
II 

110TH CONGRESS 

1ST SESSION S. 934 

To amend the Florida National Forest Land Management Act of 2003 to 

authorize the conveyance of an additional tract of National Forest System land under that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2007 

Mr. NELSON of Florida (for himself and Mr. MARTINEZ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Florida National Forest Land Management 

Act of 2003 to authorize the conveyance of an additional 

tract of National Forest System land under that Act, 

and for other purposes. 

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

3 SECTION 1. CONVEYANCES UNDER FLORIDA NATIONAL 

4 FOREST LAND MANAGEMENT ACT OF 2003. 

5 (a) ADDITIONAL CONVEYANCE AUTHORIZED.—Sub6 section (b) of section 3 of the Florida National Forest 

7 Land Management Act of 2003 (Public Law 108–152; 

8 117 Stat. 1919) is amended— 

mstockstill on PROD1PC66 with BILLS

2 

•S 934 IS

1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (17); 

3 (2) by redesignating paragraph (18) as para4 graph (19); 

5 (3) by inserting after paragraph (17) the fol6 lowing new paragraph: 

7 ‘‘(18) tract W-1979, located in Leon County 

8 consisting of approximately 114 acres, within T. 1 

9 S., R. 1 W., sec. 25; and’’; and 

10 (4) in paragraph (19) (as redesignated by para11 graph (2)), by striking ‘‘(17)’’ and inserting ‘‘(18)’’. 

12 (b) ADDITIONAL USE OF PROCEEDS.—Paragraph (2) 

13 of subsection (i) of such section (117 Stat. 1921) is 

14 amended— 

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (A); 

17 (2) by striking the period at the end of sub18 paragraph (B) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(C) acquisition, construction, or mainte22 nance of administrative improvements for units 

23 of the National Forest System in the State.’’. 

mstockstill on PROD1PC66 with BILLS

3 

•S 934 IS

1 (c) LIMITATIONS ON USE OF PROCEEDS.—Sub2 section (i) of such section is further amended by adding 

3 at the end the following new paragraphs: 

4 ‘‘(3) GEOGRAPHICAL AND USE RESTRICTION

5 FOR CERTAIN CONVEYANCE.—Notwithstanding para6 graph (2), proceeds from the sale or exchange of the 

7 tract described in subsection (b)(18) shall be used 

8 exclusively for the purchase of inholdings in the 

9 Apalachicola National Forest. 

10 ‘‘(4) RESTRICTION ON USE OF PROCEEDS FOR

11 ADMINISTRATIVE IMPROVEMENTS.—Proceeds from 

12 any sale or exchange of land under this Act may be 

13 used for administrative improvements, as authorized 

14 by paragraph (2)(C), only if the land generating the 

15 proceeds was improved with infrastructure.’’. 

Æ 

mstockstill on PROD1PC66 with BILLS
#### In the Matter of Vela Corbett, Appellant, v David Corbett, Respondent.

[698 NYS2d 707]

—In a child support proceeding pursuant to Domestic Relations Law former article 3-A, the appeal is from an order of the Family Court, Queens County (Fitzmaurice, J.), dated July 30, 1997, which dismissed the proceeding.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for further proceedings consistent herewith.

This proceeding under the former Uniform Support for Dependents Law (Domestic Relations Law former art 3-A, repealed and replaced by Uniform Interstate Family Support Act [Family Ct Act art 5-B]) was commenced on behalf of the mother, an Alabama resident, in order to obtain child support from the respondent, a New York resident. Although the respondent did not dispute that he and the mother were married when the subject child was born, he alleged that the mother told him he was not the child’s father. The Family Court ordered the mother to appear in the proceeding and, when she failed to appear, dismissed the petition.

We reverse and reinstate the petition. Pursuant to the statutory scheme in effect at the time the proceeding was commenced, the Family Court was required to notify the initiating State, the State of Alabama, of the respondent’s defense, and *458permit the mother to give testimony in a court in Alabama (see, Domestic Relations Law former § 37 [6]-[8]; *Matter of Mead v Nezolosky,*256 AD2d 347; *Matter of Utah [Pamela W.] v Robert XX.,*203 AD2d 648). The Family Court also had the authority to notify the initiating State that blood tests of the mother and the child were required, and to order the respondent to submit to a blood test (see, Domestic Relations Law former § 37 [19]). If the proof indicated that the presence of either or both of the parties was not necessary, the Family Court could adjudicate the issue of paternity (see, Domestic Relations Law former § 37 [5]; *Matter of Mead v Nezolosky,*supra;*Matter of Darla E. v Barry F.,*222 AD2d 857; *Matter of Karen B. v Julio Frederic C.,*217 AD2d 658; *Matter of Kyra D.G. v Jeffrey W.,*203 AD2d 569). Under the circumstances, the Family Court erred in dismissing the petition based on the mother’s failure to appear personally without first affording her the opportunity to testify in the Alabama court (see, *Matter of Mead v Nezolosky, supra).*O’Brien, J. P., Krausman, Florio and Feuerstein, JJ., concur.
#### § 1975.6 Policy as to domestic household employment activities in private residences.

As a matter of policy, individuals who, in their own residences, privately employ persons for the purpose of performing for the benefit of such individuals what are commonly regarded as ordinary domestic household tasks, such as house cleaning, cooking, and caring for children, shall not be subject to the requirements of the Act with respect to such employment.
Editorial Note on Part 20
Editorial Note: Nomenclature changes to part 20 appear at 57 FR 31451, July 16, 1992.

§ 20.61 Waiver. ( a ) The Department of Labor agency responsible for collecting the claim shall waive the collection of interest on the debt or any portion of the debt which is paid within 30 days after the date on which interest began to accrue. This 30-day period may be extended for another 30 days on a case-by-case basis, if the agency reasonably determines that such action is appropriate, and is in accordance with these regulations. Also, the responsible agency may waive charges assessed under this subpart, based on criteria specified in the Federal Claims Collection Standards relating to the compromise of claims (without regard to the amount of the debt), or if the agency determines that collection of these charges would be against equity and good conscience or not be in the best interests of the United States. Waiver under the first sentence of this paragraph is mandatory. Under the second and third sentences waiver is permissive and may be exercised only in accordance with the standards set by these regulations.
( b ) Agencies may waive interest and other charges under appropriate circumstances, including, for example: ( 1 ) Pending consideration of a request for reconsideration, administrative review, or waiver under a permissive statute,
( 2 ) If the agency has accepted an installment plan, there is no fault or lack of good faith on the part of the debtor, and the amount of interest is large enough in relation to the size of the debt and the amount of the installments that the debtor can reasonably afford to pay so that the debt can never be repaid, or
( 3 ) If repayment of the full amount of the debt is made after the date upon which interest and other charges became payable and the estimated costs of recovering the residual interest balance exceed the amount owed the Agency.
( c ) Where a mandatory waiver or review statute applies, interest and related charges may not be assessed for those periods during which collection action must be suspended.
# Uradni list C 194A/30.

| | ISSN 1725-5244 |
| --- | --- |
| Uradni list
  Evropske unije | C 194A |
| | |
| Slovenska izdaja | Informacije in objave | Zvezek 4730. julij 2004 |

ISSN 1725-5244

Uradni list

Evropske unije

C 194A

Slovenska izdaja

Informacije in objave

Zvezek 4730. julij 2004

---

| Obvestilo št. | Vsebina | Stran |
| --- | --- | --- |
| | III   Objave |
| | Svet |
| 2004/C 194A/1 | Razpis prostega delovnega mesta — Evropska obrambna agencija — Direktorji | 1 |
| | Evropski center za spremljanje rasizma in ksenofobije |
| 2004/C 194A/2 | Razpis HOUA-A-2004 | 2 |

Obvestilo št.

Vsebina

Stran

III   Objave

Svet

2004/C 194A/1

Razpis prostega delovnega mesta — Evropska obrambna agencija — Direktorji

1

Evropski center za spremljanje rasizma in ksenofobije

2004/C 194A/2

Razpis HOUA-A-2004

2

| SL | |
| --- | --- |

SL

---

III Objave

Svet

| 30.7.2004 | SL | Uradni list Evropske unije | CA 194/1 |
| --- | --- | --- | --- |

30.7.2004

SL

Uradni list Evropske unije

CA 194/1

---

RAZPIS PROSTEGA DELOVNEGA MESTA

Evropska obrambna agencija

Direktorji

(2004/C 194 A/01)

Evropska obrambna agencija namerava zaposliti štiri direktorje za svoje štiri direktorate:

| — | Razvoj vojaških zmogljivosti (sklic EDA/A/2004/012), |
| --- | --- |

—

Razvoj vojaških zmogljivosti (sklic EDA/A/2004/012),

| — | Raziskave in tehnologija (sklic EDA/A/2004/0029), |
| --- | --- |

—

Raziskave in tehnologija (sklic EDA/A/2004/0029),

| — | Oborožitev (sklic EDA/A/2004/042), |
| --- | --- |

—

Oborožitev (sklic EDA/A/2004/042),

| — | Obrambna industrija in trg (sklic EDA/A/2004/051). |
| --- | --- |

—

Obrambna industrija in trg (sklic EDA/A/2004/051).

Dodatne informacije (v angleškem jeziku) in obrazci za prijavo so na voljo na spletni strani Sveta na naslovu: http://ue.eu.int (stiki/prosta delovna mesta).

Rok za oddajo prijav: 3. september 2004, pri čemer se upošteva datum poštnega žiga.

---

Evropski center za spremljanje rasizma in ksenofobije

| 30.7.2004 | SL | Uradni list Evropske unije | CA 194/2 |
| --- | --- | --- | --- |

30.7.2004

SL

Uradni list Evropske unije

CA 194/2

---

RAZPIS HOUA-A-2004

(2004/C 194 A/02)

Evropski center za spremljanje rasizma in ksenofobije (EUMC) išče kandidate za zapolnitev določenih delovnih mest. Podrobnejše informacije o teh prostih delovnih mestih, dejavnostih Centra in o postopkih, ki jih je treba upoštevati pri pripravi prijave, so objavljene na spletni strani Centra na naslovu: http://eumc.eu.int.

---
[Federal Register Volume 65, Number 98 (Friday, May 19, 2000)]
[Notices]
[Page 31934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12612]


=======================================================================
-----------------------------------------------------------------------

NORTHEAST DAIRY COMPACT COMMISSION


Notice of Meeting

AGENCY: Northeast Dairy Compact Commission.

ACTION: Notice of meeting.

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

SUMMARY: The Compact Commission will hold its regular monthly meeting 
to consider matters relating to administration and enforcement of the 
price regulation, including the reports and recommendations of the 
Commission's standing Committees.

DATES: The meeting will begin at 10:30 a.m. on Wednesday, June 7, 2000.

ADDRESSES: The meeting will be held at The Centennial Inn, Armenia 
White Room, 96 Pleasant Street, Concord, New Hampshire (I-93 Exit 14).

FOR FURTHER INFORMATION CONTACT: Kenneth M. Becker, Executive Director, 
Northeast Dairy Compact Commission, 34 Barre Street, Suite 2, 
Montpelier, VT 05602. Telephone (802) 229-1941.

    Authority: 7 U.S.C. 7256.

    Dated: May 15, 2000.
Kenneth M. Becker,
Executive Director.
[FR Doc. 00-12612 Filed 5-18-00; 8:45 am]
BILLING CODE 1650-01-P
#### Jaime Pina, Appellant, v New York Paving, Inc., et al., Respondents.

[698 NYS2d 679]

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 28, 1998, which granted defendants-respondents’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The action was properly dismissed as against defendants-respondents for lack of evidence tending to show that either did any work that could have created or exacerbated the defect in the curb that caused plaintiff to trip. Defendants owed no duty to the general public to make repairs to an existing defect near their work site, which defect had nothing to do with the work they contracted to perform. In the absence of a duty there can be no liability for negligence *(see, Pulka v Edelman,*40 NY2d 781, 782). Plaintiffs claims based on defendants-respondents’ alleged violations of various rules and regulations pertaining to restoration of street openings and sidewalk and curb maintenance are improperly raised for the first time on *121appeal, and, in any event, are without merit. Concur — Sullivan, J. P., Rosenberger, Lerner, Rubin and Andrias, JJ.
#### The People of the State of New York, Respondent, *v.*Grant Lunch Corporation, Appellant.

Submitted May 26, 1937;

decided June 11, 1937.

*Lawrence Kovalsky*and *David Goldstein*for appellant.

*Paul Windels, Corporation Counsel (Edmund L. Palmieri, Paxton Blair*and *Ralph W. Thomas*of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman', O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 24, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41847

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

IGNACIO HERNANDEZ-BELTRAN,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:05-CR-577

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

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Ignacio Hernandez-Beltran appeals his guilty plea conviction

and sentence for being unlawfully present in the United States

after deportation following an aggravated felony conviction. He

argues that the “felony” and “aggravated felony” provisions of 8

U.S.C. § 1326(b)(1) and (2) are unconstitutional in light of

Apprendi v. New Jersey, 530 U.S. 466 (2000), and contends that

his challenge is not barred by the appeal-waiver provision in his
No. 05-41847

-2-

plea agreement. The Government seeks enforcement of the waiver

provision. 

We assume, arguendo only, that the waiver does not bar the

instant appeal. Although Hernandez-Beltran contends that

Almendarez-Torres v. United States, 523 U.S. 224 (1998), was

incorrectly decided and that a majority of the Supreme Court

would overrule Almendarez-Torres in light of Apprendi, we have

repeatedly rejected such arguments on the basis that

Almendarez-Torres remains binding. See United States v.

Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S.

Ct. 298 (2005). Hernandez-Beltran properly concedes that his

argument is foreclosed in light of Almendarez- Torres and circuit

precedent, but he raises it here to preserve it for further

review. 

AFFIRMED.
#### § 1602.32 Requirement for filing and preserving copy of report.

On or before September 30, 1993, and biennially thereafter, certain political jurisdictions subject to title VII of the Civil Rights Act of 1964, as amended, shall file with the Commission or its delegate executed copies of “State and Local Government Information Report EEO-4” in conformity with the directions set forth in the form and accompanying instructions. The political jurisdictions covered by this section are (a) those which have 100 or more employees, and (b) those other political jurisdictions which have 15 or more employees from whom the Commission requests the filing of reports.

Every such political jurisdiction shall retain at all times a copy of the most recently filed EEO-4 at the central office of the political jurisdiction for a period of 3 years and shall make the same available if requested by an officer, agent, or employee of the Commission under the authority of section 710 of title VII, as amended.

[58 FR 29536, May 21, 1993]