alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.7

 

ASSIGNMENT AND ASSUMPTION OF LEASE

 

For the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which are acknowledged, Masco Contractor Services Central, Inc., a Florida corporation (“Assignor”), hereby assigns, transfers, conveys and sets over to Masco Administrative Services, Inc., a Delaware corporation (“Assignee”), all of Assignor’s right, title and interest as tenant in and to that certain Lease Agreement dated as of July 11, 2003, as amended by the First Amendment to Lease Agreement dated as of November 1, 2003 (collectively, the “Lease”) relating to certain premises located at 260 Jimmy Ann Drive, Daytona Beach, Florida.

 

Assignee assumes and agrees to perform all of the obligations of Assignor under the Lease that shall accrue from and after the Effective Date.

 

This Assignment and Assumption of Lease shall be binding upon and inure to the benefit of Assignor, Assignee and their respective successors and assigns.

 

Assignor and Assignee have executed this Assignment and Assumption of Lease as of January 1, 2004 (the “Effective Date”).

 

 

	
 
    	
Assignor:
    
	
 
    	
MASCO CONTRACTOR SERVICES
    
	
 
    	
CENTRAL, INC., a Florida corporation
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
By: 
    	
/s/ Robert B. Rosowski
    
	
 
    	
Name:
    	
Robert B. Rosowski
    
	
 
    	
Its:
    	
Vice President, Assistant Secretary and Treasurer
    
	
 
    	
 
    
	
 
    	
Assignee:
    
	
 
    	
MASCO ADMINISTRATIVE SERVICES,
    
	
 
    	
INC., a Delaware corporation
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
By: 
    	
/s/ David A. Doran
    
	
 
    	
Name:
    	
David A. Doran
    
	
 
    	
Its:
    	
Vice President
#### § 452.68 Distribution to less than full membership.

Although section 401(c) specifies distribution to “all members in good standing,” a labor organization must also honor requests for distribution of literature to only a portion of the membership if such distribution is practicable. Each candidate may choose his own ways of campaigning for election according to his own ingenuity and resources. For example, some candidates for national or international union office may desire to limit distribution to delegates, but others may want to appeal directly to the membership or parts thereof in an effort to influence particular constituencies to choose delegates favorable to their candidacy.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 3587

_____________________________
N ATHANIEL R AHEEM C HAPMAN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Steven B. Whittington , Judge

. October 23, 2018

P ER C URIAM

.
A FFIRMED

.
R OBERTS , M AKAR , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee
, for Appellant.

Pamela Jo Bondi, Attorney Ge neral, Tallahassee
, for Appellee.
#### Bobby Ray YATES, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee.

No. 10932.

United States Court of Appeals Fourth Circuit.

Argued May 2, 1967.

Decided May 30, 1967.

*58Joseph B. Benedetti, Richmond, Va. (Court-assigned counsel) [Minor, Thompson, Savage, White & Smithers, Richmond, Va., on brief], for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

This Virginia prisoner was tried and ■convicted in Cumberland County, in which we are told there are only two practicing attorneys, one of whom is the ■Commonwealth’s Attorney and the other a part-time judge of an inferior court. The Trial Judge assigned the Commonwealth’s Attorney of adjoining Powhatan County to represent Yates, and the suggestion of conflicting interest is the primary ground of this appeal.

Yates, of course, was tried before the ■decision of Virginia’s Supreme Court of Appeals in Yates v. Peyton, 207 Va. 91, 147 S.E.2d 767 (1966), and before our decision in Goodson v. Peyton, 4 Cir., 351 E.2d 905. There was at that time no proscription of the practice.

Our examination of the record discloses no actual conflict of interest and no unfairness warranting a retroactive application of the per se rule of Goodson v. Peyton. See Yates v. Peyton, 207 Va. 91,147 S.E.2d 767 (1966). There was no other deprivation of any fundamental right.

Denial of the writ of habeas corpus is affirmed.

Affirmed.
AFS

- 13

- 3 7 8

- E July 1, 2013

Exemption No. 10812

Regulatory Docket No. FAA

- 20 1 3

- 0 4 43

Ms

. Rebecca Stewart

Parent of Lindsey Stewart

802 Darwin’s Way

Granite F alls, WA 98252

Dear Ms. Stewart :

This letter is to inform you that we have granted your request for exemption. It transmits our

decision, explains its basis, and lists the conditions and limitations of the exemption, including the date

it ends.

The Ba sis for Our Decision

By letter received May 1 4 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA) on

behalf of Lindsey Stewart for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of

Federal Regulations (14 CFR)

. That exemp tion , if granted, would allow Lindsey to exceed the

specified weight limit for an FAA

- approved child restraint system (CAReS, manufactured by

AmSafe Corporation ) during use of that child restraint system (CRS) aboard a United States (U.S.)

aircraft.

The FAA has d etermined that good cause exists for not publishing a summary of the petition in the

Federal Register because the requested exem ption would not set a precedent and any delay in acting

on this petition would be det rimental to Lindsey

.

The FAA has issued gr ants of exemption in circumstances similar in all material respects to those

presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA found that

numerous p eople with physical challenges had previously completed flights using rest raint systems2

that addressed unique physical needs regarding safety, support, and security in the same manner of

operations as described in this petition. The FAA further found that the petition , if granted, would not

set any new precedents regarding the u se of restraint systems by persons with disabilities.

Having reviewed your reasons for requesting an exemption, I find that

—

• they do not differ materially from those presented by the petitioner in the enclosed grant.

• the reasons stated by the FAA for gran ting the enclosed exemption also apply to the situation

you present ; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has

delegated to me, I hereby gr ant Lindsey Stewart an exemption from § 121.311(b). In addition, any

air carrier or commercial operator operating under part 121 while Lindsey is aboard its aircraft is

granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow him to use an

FAA

- approved CRS aboard a U.S. aircraft

.

All operations under this exemption must be conducted w ith at least one of Lindsey ’s parents or a

caregiver accompanying her

. Lindsey Stewart may only occupy a passenger seat with no passenger

se ated behind her

. In addition, Lindsey ’s parent or caregiver must carry a copy of this exemption

and advise the air carrier about the contents of the exemption at least 48 hours before the date of

each flight.

This exemption terminates on June 30 , 201 8 , unless soone r superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards

Service

Enclosure
CONSULTINGAGREEMENT

 

       This Consulting Agreement for the exchange of consulting services for fees is byand between Twin Faces East Entertainment Corporation (TFAC), a NevadaCorporation located at 94 Arthur Hills Court, Henderson, NV. 89074, and FrankMcEnulty (Frank), an individual, located at 17383 Sunset Blvd. Suite A-450,Pacific Palisades, CA 90272, collectively referred to as "TheParties".

 

       WHEREAS, TFAC is a developer of intellectual and entertainment properties, and

 

       WHEREAS, Frank has various connections and networking contacts in the corporatefinance business and has been asked to go outside his usual duties associatedwith TFAC's business, and thereby is entitled to additional consideration,

 

       NOW, THEREFORE, in consideration of the mutual covenants provided herein, TheParties agree as follows:

 

       Frank shall provide services to TFAC on an as requested basis and in anycapacity as requested by TFAC for securing financing for the maintenance of thebusiness,

 

       TFAC shall compensate Frank for these services as follows:

-  Reimbursement    for office space required to operate 3 months at one thousand dollars    ($1,000) per month for a total of $3,000, andTwenty    Two Thousand Dollars ($22,000) in fees payable the earlier of August 1, 2003    or the Company's receipt of funding in the amount of $1 million or    greater, andForty    thousand shares of restricted (rule 144) company stock to be issued in the    name of Frank McEnulty.
       The term of this Agreement is for the year 2003 at which time all obligationsunder this agreement shall cease.

 

       IN WITNESS THEREOF, the Parties have executed this Agreement effective as of thedate signed below.

 

       **/S/Michael Smolanoff  **                                                                                                 **June 30, 2003**
       Michael Smolanoff,President                                                                                            Date

       Twin Faces East Entertainment Corporation
****
 

       **/S/Frank McEnulty  **                                                                                                     **June 30, 2003**
       Frank McEnulty, anindividual                                                                                           Date
§ 4220.3 Requests for PBGC approval. ( a ) *Filing of request* — ( 1 ) *In general.* A request for approval of an amendment filed with the PBGC in accordance with this section shall constitute notice to the PBGC for purposes of the 90-day period specified in section 4220 of ERISA. A request is treated as filed on the date on which a request containing all information required by paragraph (d) of this section is received by the PBGC. Subpart C of part 4000 of this chapter provides rules for determining when the PBGC receives a submission.
( 2 ) *Method of filing.* The PBGC applies the rules in subpart A of part 4000 of this chapter to determine permissible methods of filing with the PBGC under this part.
( b ) *Who may request.* The plan sponsor, or a duly authorized representative acting on behalf of a plan sponsor, shall sign and submit the request.
( c ) *Where to file.* See § 4000.4 of this chapter for information on where to file.
( d ) *Information.* Each request filed shall contain the following information: ( 1 ) The name of the plan for which the amendment is being submitted, and the name, address and the telephone number of the plan sponsor or its duly authorized representative.
( 2 ) The nine-digit Employer Identification Number (EIN) assigned by the IRS to the plan sponsor and the three-digit Plan Identification Number (PIN) assigned by the plan sponsor to the plan, and, if different, the EIN or PIN last filed with PBGC. If no EIN or PIN has been assigned, that fact must be indicated.
( 3 ) A copy of the amendment as adopted, including its proposed effective date.
( 4 ) A copy of the most recent actuarial valuation of the plan.
( 5 ) A statement containing a certification that notice of the adoption of the amendment has been given to all employers who have an obligation to contribute under the plan and to all employee organizations representing employees covered by the plan.
( 6 ) Any other information that the plan sponsor believes to be pertinent to its request.
( e ) *Supplemental information.* The PBGC may require a plan sponsor to submit any other information that the PBGC determines to be necessary to review a request under this part. The PBGC may suspend the running of the 90-day period pursuant to § 4220.4(c), pending the submission of the supplemental information.
( f ) *Computation of time.* The PBGC applies the rules in subpart D of part 4000 of this chapter to compute any time period under this part.
(Approved by the Office of Management and Budget under control number 1212-0031) [61 FR 34108, July 1, 1996, as amended at 68 FR 61356, Oct. 28, 2003]
**EXHIBIT 32**

 

CERTIFICATION OF PRINCIPALEXECUTIVE OFFICER AND PRINCIPAL

FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the accompanying QuarterlyReport on Form 10-Q of iVillage Inc. for the quarter ended September 30,2005, as filed with the Securities and Exchange commission the undersigned,Douglas W. McCormick, Chief Executive Officer of iVillage Inc., and Steven A.Elkes, Chief Financial Officer of iVillage Inc., each hereby certifies pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)   suchQuarterly Report on Form 10-Q for the quarter ended September 30,2005 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)   the information contained in such Quarterly Report on Form 10-Q for the quarter ended September 30, 2005 fairly presents, in all material respects, the financial condition and results of operations of iVillage Inc.

 

 
| Date: November 9, 2005 | /s/ Douglas W. McCormick             |   |
|-----------------------------|--------------------------------------|--------|
|                        | Douglas W. McCormick                 |
|                        | Chairman and Chief Executive Officer |
|                        |                                 |
|                        |                                 |
| Date: November 9, 2005 | /s/ Steven A. Elkes                  |   |
|                        | Steven A. Elkes                      |
|                        | Chief Financial Officer,             |
|                        | Executive Vice President, Operations |
|                        | and Business Affairs, and Secretary  |
|                             |                                      |        |  |

 

*A signed original of this written statement requiredby Section 906 of the Sarbanes-Oxley Act of 2002, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to iVillage Inc. and will be retained byiVillage Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.*

 

*Theinformation in this Exhibit 32 is being furnished to the Securities andExchange Commission and shall not be deemed “filed” for purposes of Section 18of the Securities Exchange Act of 1934, as amended, or otherwise subject to theliabilities of that section, nor shall it be deemed incorporated by referencein any filing under the Securities Act of 1933, as amended, or the ExchangeAct, except as expressly set forth by specific reference in such a filing.*

 

----
Ex 10-3 HawkesLaurieA 2015-04-15






FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT


This is the first amendment to that certain Amended and Restated Employment Agreement, dated as of April 19, 2013 (the “Agreement”), by and between Laurie A. Hawkes and American Residential Properties, Inc.  All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.


NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Executive and the Company hereby agree to amend the Agreement solely as set forth as follows, and that the Agreement shall otherwise remain the same:


1.    The first sentence of Section 3.8 of the Agreement is hereby replaced in its entirety by the following sentence: 


Upon the occurrence of a “Change in Control” (as such term is defined in the 2012 Equity Incentive Plan as in effect as of the Effective Date), all Equity Compensation awarded to the Executive on or before December 31, 2014, to the extent not vested as of the date of the Change in Control or to the extent that any such award is subject to forfeiture restrictions as of the date of the Change in Control, shall, immediately prior to the effectiveness of the Change in Control, be deemed vested and all forfeiture restrictions shall lapse (treating any applicable performance criteria as fully satisfied).  The vesting upon a Change in Control of any Equity Compensation awarded to the Executive after December 31, 2014, shall be governed by the vesting agreement between the Company and the Executive relating to such Equity Compensation as approved by the Board or the Compensation Committee of the Board. 


IN WITNESS WHEREOF, the parties hereto have signed their names to this First Amendment to Amended and Restated Employment Agreement as of April 15, 2015.  
	
				
	COMPANY:
	 
	EXECUTIVE:

	 
	 
	 
	 

	American Residential Properties, Inc.
	 
	Laurie A. Hawkes

	 
	 
	 
	 

	By:
	/s/ STEPHEN G. SCHMITZ
	 
	/s/ LAURIE A. HAWKES

	 
	 
	 
	 

	Name:    
	Stephen G. Schmitz
	 
	 

	Title:
	Chief Executive Officer
| 1. | Horizon                Bancorporation, Inc.'s Quarterly Report on Form 10-QSB for the period                ended June 30, 2007, to which this certification is attached as an                exhibit                (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 Horizon                Bancorporation, Inc. |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                               |   |   |   |
|------------------------------------------------------------------------------------|--------|--------|--------|
| /s/                Charles S. Conoley                                              |   |   |        |
| President                and Chief Executive OfficerAugust                14, 2007 |   |   |        |

----
<Page>
                                                                    EXHIBIT 99.2

                           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 The Boyds Collection, Ltd. (the
"Company") on Form 10-Q for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph
E. Macharsky, Chief Financial Officer of the Company, certify pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 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 financialcondition and results of operations of the
    Company.

<Table>
<S>                                                    <C>  <C>
                                                                     /s/ JOSEPH E. MACHARSKY
                                                            -----------------------------------------
                                                                       Joseph E. Macharsky
                                                                     Chief Financial Officer
</Table>

August 12, 2002
1

Brown, Kelly

From: Sasser, Erika

Sent: Thursday, November 20, 2014 4:42 PM

To: Brown, Kelly

Subject: FW: Ozone NAAQS-- Technical Memo

Attachments: Wells_Comparison of Ozone Metrics_memo_102314.pdf

Please post email and attachment(s) to Ozone NAAQS Rulemaking docket. Thanks 

From: Sasser, Erika 

Sent: Monday, October 27, 2014 10:52 AM 

To: 'Frey, Nathan J.' 

Cc: Hemby, James; Kimber Scavo; Simon, Heather; Wesson, Karen 

Subject: Ozone NAAQS-- Technical Memo 

Nathan— 

Attached is the technical memo (Wells memo) on the comparison between the primary and secondary AQ metrics. We 

will submit this to the docket prior to rule signature, but interagency partners may wish to read it in connection with 

their review of the secondary standards section of the draft NPRM. 

Thanks, 

Erika
AMENDMENT NO. 4 TO THE
                       LONGVIEW FIBRE COMPANY BRANCH PLANT HOURLY
                           EMPLOYEES 401(k) PLAN AND TRUST

     WHEREAS, Longview Fibre Company approved and adopted the Longview 
Fibre Company Branch Plant Hourly Employees 401(k) Plan (the "Plan") and 
Trust Agreement (the "Trust") which were originally effective March 1, 
1993, and subsequently amended;

     WHEREAS, Section 19.1 of the Plan provides that the Company 
reserves the right to amend the Plan and Trust;

     NOW THEREFORE RESOLVED, that Appendix A is amended effective 
December 15, 1995 to delete the FDIC Insured Account and add the U.S. 
Government Money Market Fund as follows:

                            APPENDIX A - INVESTMENT FUNDS

The Investment Funds offered to Participants and Beneficiaries include 
this set of daily valued funds:

     *  Asset Allocation Fund
     *  S&P 500 Stock Fund
     *  Employer Stock Fund
     *  U.S. Government Money Market Fund
     *  LifePath 2000 Fund
     *  LifePath 2010 Fund
     *  LifePath 2020 Fund
     *  LifePath 2030 Fund
     *  LifePath 2040 Fund

If investment instructions are not received from any Participant, his or 
her investment instructions shall be assumed to be a 100% investment in 
the U.S. Government Money Market Fund.


Date:  December 7, 1995                LONGVIEW FIBRE COMPANY
                                       By:\s\ L. J. Holbrook
                                       Title: Sr. V.P.-Finance

The provisions of the above amendment which relate to the Trustee are 
hereby approved and executed.

Date:  December 20, 1995               WELLS FARGO BANK, NATIONAL ASSOCIATION
                                       By:\s\ Dolores Upton
                                       Title: Vice President

Date:  December 20, 1995               WELLS FARGO BANK, NATIONAL ASSOCIATION
                                       By:\s\ Gwyn E. Slack
                                       Title: Vice President