alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.6**

 

**Openwave Systems Inc.**

**Executive Compensation Deferral Plan**

 

**Plan Participation Agreement**

 

THISAGREEMENT, made the      day of                     , 20    , by and between OpenwaveSystems Inc., a Delaware corporation (“the Company”), and             , an employee of the Company (the “Participant”). 

 

**RECITALS**

 

The Company has adopted the Openwave Systems Inc. Executive Compensation Deferral Plan (the“Plan”) and the Participant has been selected for participation in the Plan. This Plan Participation Agreement is entered into to evidence the Participant’s participation in the Plan and to set forth the basis for determining theamount of his or her benefit under the Plan. 

 

NOW, THEREFORE, the Company and the Participant hereby agree as follows: 

 

1. **Incorporation of the Plan**. The Plan (and all its provisions), as it now exists and as it may be amended hereafter, is incorporated herein and made a part of this Agreement. A copy of the Plan is annexed hereto as Annex A.

 

2. **Definitions**. When used herein, terms that are defined in thePlan shall have the meanings given them in the Plan unless a different meaning is clearly required by the context. 

 

3. **No Interest Created**. Neither the Participant nor his or her Beneficiary or other persons claiming under him or her shall have any interest in any assetsof the Company, including policies of insurance, conferred by the Participant’s participation in the Plan. The Participant and his or her Beneficiary shall have only the right to receive benefits under and subject to the terms and provisions ofthe Plan and this Plan Participation Agreement. 

 

4. **PlanBenefits**. The Participant will be entitled to benefits as provided under the terms of the Plan 

 

5. **Participant Acknowledgment** Participant acknowledges that he or she is aware of and familiar with the provisions and restrictions of the Plan, that he or she has read and understood the Plan and PlanParticipation Agreement, that he or she has had an opportunity to have the documents reviewed by legal counsel and that the Plan Participation Agreement will constitute a legal, valid and binding agreement of Participant. 

 

6. **Entire Agreement**. The Plan and this Plan Participation Agreement contain theentire agreement and understanding of the Company and the Participant with respect to benefits available under the Plan and supersede and replace all prior agreements and understandings between the parties, written or oral, with respect thereto.

7. **Effect of New Law**. I understand that amendments to the Plan may be necessary to comply withSection 409A of the Internal Revenue Code, and that these amendments may be retroactive to the effective date of the Plan. 

 

IN WITNESS WHEREOF, the parties have executed this Plan Participation Agreement in duplicate originals on the day and year first above written. 

 
Openwave Systems Inc.By: 
 
Name and Title(Participant)
 

 
Signed
 

2
DEPARTMENT OF THE NAVY 

COMMANDER 

NAVY REGION HAWAiI 

850 TICONDEROGA ST STE 110 

JBPHH, HAWAII 96860-5101 

5090 

Ser N45/574 

July 29, 2014 

CERTIFIED NO: 7012 3050 0000 0992 9630 

Mr. Richard Takaba 

Hawaii State Department of Health 

Environmental Management Division 

Solid and Hazardous Waste Branch 

Underground Storage Tank Section 

919 Ala Moana Boulevard, Room 212 

Honolulu, HI 96814 

Dear Mr. Takaba: 

SUBJECT: DRAFT WORK PLAN/SAMPLING AND ANALYSIS PLAN, TANK 5 

AREA CHARACTERIZATION, U.S. NAVY RED HILL BULK FUEL 

STORAGE FACILITY, JOINT BASE PEARL HARBOR-HICKAM, 

HAWAII DOH FACILITY ID 9-102271 

DOH RELEASE ID 990051, 010011, 020028, 140010 

The enclosed is the draft Work Plan/Sampling and Analysis 

Plan (WP/SAP) which was prepared in response to the release of 

petroleum fuel product from Tank No. 5 located at the U.S. Navy 

Red Hill Bulk Fuel Storage Facility. The enclosed WP/SAP Plan 

also includes the project Health and Safety Plan. 

We respectfully request that written review comments and/or 

concurrence be submitted to us no later than seven calendar days 

after receipt of this letter. 

If you have any questions, please contact Ms. Raelynn 

Kishaba at (808) 471-1171, extension 233. 

incer 

L. 

Dirkc

A.AR Nral'POENTIS 

t 

Regi Environmental Department 

By direction of the 

Commander 
5090 

Ser N45/574 

July 29, 2014 

Enclosures: 1. Draft Work Plan/Sampling and Analysis Plan, 

Tank 5 Area Characterization, Red Hill Bulk 

Fuel Storage Facility, Joint Base Pearl Harbor 

Hickam, Hawaii, DOH Facility I.D.: 9-102271, 

DOH Release ID: 990051, 010011, 020028, 140010, 

of July 2014 (2 copies - 1 hard copy; 1 CD) 

Copy to (w/enclosure): Joanna Seto, DOH SDWB (1 CD) 

Tom Heutteman, EPA Region IX 

(Separate cover via email) 

Steve Linder, EPA Region IX 

(Separate cover via email) 

Bob Pallarino, EPA Region IX (Separate 

cover via email) 

Omer Shalev, EPA Region IX (Separate 

cover via email) 

Rebekah Reynolds, EPA Region IX 

(Separate cover via email) 

2
Independent Auditors' Consent

 

The Board of Directors

PFF Bancorp, Inc.:

We consent to the incorporation by reference in theregistration statements (No. 333-20337 and No. 333-65816) on Form S-8 of PFFBancorp, Inc. of our report dated April 18, 2002, except for Note 24 EarningsPer Share, as to which the date is August 14, 2002, with respect to theconsolidated balance sheets of PFF Bancorp, Inc. as of March 31, 2002 and 2001,and the related consolidated statements of earnings, comprehensive earnings,stockholders' equity, and cash flows, for each of the years in the three-yearperiod ended March 31, 2002, which report appears in the March 31, 2002, annualreport on Form 10-K/A of PFF Bancorp, Inc.

/s/ KPMG LLP

Orange County, CaliforniaSeptember 6, 2002
#### IN THE MATTER OF WALTER M. BESSE.

(Supreme Court Disciplinary Nos. 677, 679)

(384 SE2d 290)

Decided October 5, 1989.

*William P. Smith III, General Counsel State Bar, E. Duane Cooper, Assistant General Counsel State Bar,*for State Bar of Georgia.

Per curiam.

These two disciplinary proceedings stem from Besse’s failure to handle legal matters entrusted to him by two separate clients after having accepted a fee to do so; from Besse’s failure to communicate with the two clients after accepting the fees; and from Besse’s failure to refund either of the fees he accepted. The two clients filed complaints with the State Bar of Georgia, which subsequently instituted these proceedings. During the State Bar’s investigations of these complaints, Besse failed to respond to notices of the complaints.

This court appointed the same special master to conduct both of these disciplinary proceedings. Regarding both proceedings, the special master found that Besse had violated Standards 22, 23, 44 and 68 of State Bar Rule 4-102; that the existence of multiple disciplinary proceedings, as well as Besse’s failure to cooperate in the proceedings, constituted aggravating circumstances justifying disbarment; and that Besse had demonstrated he was not qualified to handle problems entrusted to a lawyer by the public. In both disciplinary proceedings, the special master recommended that Besse be disbarred.

The Review Panel of the State Disciplinary Board approved the recommendations of the special master in both proceedings, and recommended to this court that Besse be disbarred from the practice of law.

Having reviewed the record in both disciplinary proceedings, we hereby adopt the recommendation of the Review Panel. Accordingly, we disbar Besse from the practice of law.

*Disbarred.*

*All the Justices concur.*
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report
of Bank of Florida Corporation (the Company) on Form 10-Q for the period ended June 30, 2010 as filed with the Securities and Exchange Commission (the Report), I, Joe B. Cox, President, Chief Executive Officer, Principal
Executive Officer, Chief Financial Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as added by 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. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as
of and for the period covered by the Report.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                             |  | 
|----------------------- |  | --------------------------- |  | 
|Date: December 16, 2010 |  | By:  /s/ Joe B. Cox         |  | 
|                        |  | Joe B. Cox,                 |  | 
|                        |  | Principal Executive Officer |  | 
|                        |  | Principal Financial Officer |  |
Order entered August 16, 2019

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 19

- 00850

- CV

AMERICAN HONDA MOTOR CO., INC., Appellant

V.

SARAH MILBURN, JOHN MILBURN, AND CAROLYN MI LBURN, Appellee s

On Appeal from the 116th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 16

- 16470



### O RDER

Before the Court is appellant’s August 6, 2019 motion to file a second supplemental

clerk’s record under seal. We DENY the mo tion without prejudice to filing a motion

accompanied by a sealing order pursuant to rule of civil procedure 76a. See T EX

. R. C IV

. P. 76a.

/s/ BILL WHITEHILL

JUSTICE
#### IN THE MATTER OF ROBERT P. MIDTLYNG.

(Supreme Court Disciplinary Nos. 658, 717, 718)

(379 SE2d 786)

Decided June 8, 1989.

*William P. Smith III, General Counsel State Bar, Bridget B. Bagley, Assistant General Counsel State Bar,*for State Bar of Georgia.

Per curiam.

Robert P. Midtlyng, a member of the State Bar of Georgia, has admitted, in three separate disciplinary cases, three violations of Standard 44 of Bar Rule 4-102 (wilful disregard of a legal matter); two violations of Standard 68 of Bar Rule 4-102 (failure to respond to investigation by the State Disciplinary Board); and one violation of Standard 4 of Bar Rule 4-102 (dishonest representation). He has petitioned the State Disciplinary Board for consolidation of these disciplinary cases, and for voluntary suspension of his license to practice law for a period of eighteen months.

The Review Panel of the State Disciplinary Board recommends that the three cases be consolidated and that respondent’s petition for voluntary suspension of his license be accepted.

We have reviewed the records in these three cases and adopt the recommendation of the State Disciplinary Board. It is ordered that Robert P. Midtlyng be suspended from the practice of law in Georgia for eighteen months, and that he notify his clients of his suspension and take all actions necessary to protect their interests. This order shall be effective July 1, 1989.

*Petition for voluntary suspension accepted.*

*All the Justices concur, except Weltner, J., not participating.*
Exhibit 23.1


           CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTANTING FIRM



     We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No 33-21735 and No. 33-350293) of KSW, Inc. of our
report dated February 9, 2006, except for Note 17(A) and (B), as to which the
dates are February 13, 2006 and March 1, 2006, and for Note 17(C), as to which
the date is March 14, 2006 relating to the consolidated financial statements
which are included in this Annual Report on Form 10-K.


MARDEN, HARRISON & KREUTER
Certified Public Accounts, P.C.

/s/ Marden, Harrison & Kreuter


White Plains, New York
March 15, 2006
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

ASETEK DANMARK A/S,

Appellant

v.

KATHERINE K. VIDAL, UNDER SECRETARY OF 

COMMERCE FOR INTELLECTUAL PROPERTY 

AND DIRECTOR OF THE UNITED STATES 

PATENT AND TRADEMARK OFFICE,

Intervenor

______________________ 

2022-1050

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2020-

00523.

______________________ 

JUDGMENT

______________________ 

ROBERT F. MCCAULEY, Finnegan, Henderson, Farabow, 

Garrett & Dunner, LLP, Palo Alto, CA, argued for appellant. Also represented by ARPITA BHATTACHARYYA. 

 SARAH E. CRAVEN, Office of the Solicitor, United States 

Patent and Trademark Office, Alexandria, VA, argued for 

intervenor. Also represented by PETER J. AYERS, MICHAEL 

Case: 22-1050 Document: 50 Page: 1 Filed: 02/12/2024
S. FORMAN, BENJAMIN T. HICKMAN, FARHEENA YASMEEN 

RASHEED. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (TARANTO, CHEN, and HUGHES, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

February 12, 2024

Date

Case: 22-1050 Document: 50 Page: 2 Filed: 02/12/2024
9 June 2016

158P06-7

#### Derrick D. Boger v. Pat McCrory, Governor; W. David Guice, Commissioner; George T. Solomon, Director; D.R. Mitchell, Superintendent; Captain Ms. Mem; Captain Gemmany; Mr. Ingram

Pit’s *Pro Se*Motion for Tort Claim Civil Complaint

Dismissed
EXHIBIT 32.1

               CERTIFICATION PURSUANT TO 10 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 Form 10-QSB of Environmental
Solutions Worldwide, Inc. (the "Company") for the quarterly period September 30,
2003 (the "Report"), John A. Donohoe, Jr., Chairman, Chief Executive Officer and
President of the Company and Arthur V. Conover, III, Controller of the Company,
each hereby certify, pursuant to 18 U. S. C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)       To my knowledge, 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.




/S/ JOHN A. DONOHOE, JR.
------------------------
John A. Donohoe, Jr.
Chairman, Chief Executive Officer and President
November 24, 2003





/S/ ARTHUR V. CONOVER, III
--------------------------
Arthur V. Conover, III
Controller
November , 2003





A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Environmental Solutions Worldwide,
Inc. and will be retained by Environmental Solutions Worldwide, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.



<PAGE>
Exhibit 23.1      Consent of McGladrey & Pullen, LLP




Consent of Independent Registered Public Accounting Firm


To the Board of Directors
North Central Bancshares, Inc.
Fort Dodge, Iowa


We consent to the incorporation by reference in the North Central Bancshares,
Inc. Registration Statement on Form S-8 (Registration #333-33089) as filed with
the Commission on August 7, 1998 and the Registration Statement on Form S-8
(Registration #333-82490) as filed with the Commission on February 11, 2002, of
our report dated February 4, 2005, appearing in this annual report on Form 10-K
of North Central Bancshares, Inc. and subsidiaries for the year ended December
31, 2004.


                                         /s/ McGladrey & Pullen, LLP
                                         --------------------------
                                             McGladrey & Pullen, LLP


Des Moines, Iowa
March 29, 2005
#### § 109-40.303-3 Most fuel efficient carrier/mode.

When more than one mode, or more than one carrier within a mode, can satisfy the service requirements of a specific shipment at the same lowest aggregate delivered cost, the carrier/mode determined to be the most fuel efficient will be selected. In determining the most fuel efficient carrier/mode, consideration will be given to such factors as use of the carrier's equipment in “turn around” service, proximity of carrier equipment to the shipping activity, and ability of the carrier to provide the most direct service to the destination points.
The Federal Employees Dental and Vision Insurance Program (FEDVIP) 

VISION INSURANCE
 

If you want more vision coverage than what your health plan offers, FEDVIP provides comprehensive vision 

insurance for you and your eligible family members. You have 4 plans to choose from, 

each covering: 

Routine eye exams 

Contact lenses 

Discounts on laser eye surgery 

Eyeglass frames and lenses 

Lens options such as shatter-resistant 

polycarbonate; scratch-resistant, 

anti-reflective, and UV coatings; and 

tinted and progressive lenses 

Online tools can help you select the right plan for your family: 

Who can enroll?	 Who is covered by 

my enrollment? 

When can I enroll? How much does 

it cost? Federal employees who 

are eligible to enroll in 

FEHB health insurance, 

but you do not have to be 

enrolled in FEHB 

Annuitants receiving an 

immediate annuity 

regardless of FEHB 

eligibility 

Contact your human 

resources office if you are 

unsure of your eligibility 

During your first 60 days 

as a newly eligible 

employee; or 

During the Federal 

Benefits Open Season 

(mid-November to 

mid-December); or 

When you have a 

qualifying life event such 

as marriage or losing

other vision coverage 

Self Only covers just you 

Self Plus One covers you 

and one specified eligible 

family member: your 

spouse or one unmarried

dependent child under 

age 22 

Self and Family covers 

you, your spouse, and 

all your unmarried 

dependent children 


under age 22 listed on 


your enrollment
 

It depends on what 

plan you select. Vision 

premiums start at around 

$3 biweekly ($7 monthly) 

for Self Only 

All plans provide benefits 

for your choice of either 

glasses or contacts

Plan comparison tools available at www.opm.gov/FEDVIPcompare 

Complete cost and coverage information for each plan available at www.opm.gov/vision 

ENROLLMENT INFO: www.benefeds.com or 1-877-888-3337 

For complete information, including terms and conditions, please review each plan’s brochure. 

U.S. OFFICE OF PERSONNEL MANAGEMENT
#### Wilson Losure v. Baity Thompson.

Filed June 19, 1895.

No. 6138.

Review: Motion for New Trial: Sufficiency of Evidence. In order to review by petition in error the sufficiency of (he evidence to support the judgment, a motion for a new trial assigning such ground must be filed in the court below, and its-ruling obtained thereon.

Error from the district court of Knox county. Tried below before Allen, J.

*O. W. Rice*and *W. L. Henderson,*for plaintiff in error.

*J. H. Berryman, contra.*

*467Norval, C. J.

This is an action for malicious prosecution. The record in this case is identical with that in *Losure v. Miller,*45 Neb., 465, and for the reason therein stated the judgment is

Affirmed.
###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 63 FR 54077, Oct. 8, 1998.

#### § 2.924 Marketing of electrically identical equipment having multiple trade names and models or type numbers under the same FCC Identifier.

The grantee of an equipment authorization may market devices having different model/type numbers or trade names without additional authorization, provided that such devices are electrically identical and the equipment bears an FCC Identifier validated by a grant of certification. A device will be considered to be electrically identical if no changes are made to the authorized device, or if the changes made to the device would be treated as class I permissive changes within the scope of § 2.1043(b)(1). Changes to the model number or trade name by anyone other than the grantee, or under the authorization of the grantee, shall be performed following the procedures in § 2.933.

[80 FR 33441, June 12, 2015]
No. D-2660.

#### In re Discipline of Burke.

Thomas Patrick Burke, of Fishers, Ind., is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
Attachment H

Work Sheets used to Calculate EPA Labor Costs

This attachment is available as part of th e electronic docket for EPA ICR #0276.14 available at www.regulations.gov

, Docket ID No. EPA-HQ-OPP-2009-0883

.

NAICS: 999100 Federal Executive Branch

Labor Category: Formula Mana gerial Technical Clerical Unloaded Hourly Rate 1 = W $52.19 $34.59 $19.70 Benefits Percentage 2 Lb = B/W 44% 44% 44% Benefits per hour B = W*Lb $22.72 $15.06 $8.57 Loaded Hourly Rate Wb = W + B = W(1+Lb) $74.91 $49.65 $28.27

Overhead Percentage 3 Lo = OH/Wb 50% 50% 50% Overhead per hour OH = Wb*Lo $37.45 $24.82 $14.14 Fully Loaded Hourly Rate Wf = Wb + OH = W + B + OH $112.36 $74.47 $42.41

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_999100.htm May 2009 data NAICS 999100 - Federal Executive Branch Standard Occupational Codes: Management: 11-0000, Management Occupations Technical: 19-0000, Li fe, Physical, and Social Science Occupations Clerical: 43-0 000, Office and Administrative Support Occupations 2. Fringe benefits/wage per hour. 3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition , EPA-452-02-001, January 2002, pg. 2-34. The load ing for indirect costs is within the range of 20-70% of the load labor rate (w age + benefits) suggested in EPA guidance.
Exhibit



Exhibit 10.16


Summary of Non-Employee Director Compensation


Each non-employee director of Celanese Corporation (the "Company") is entitled to (i) an annual cash retainer of $100,000, which is paid in quarterly installments, in arrears, and (ii) an annual equity retainer of $140,000 in restricted stock units (awarded at the first regular board meeting following the Annual Meeting of Stockholders).  In addition, the chair of the nominating and corporate governance committee and the environmental, health, safety and public policy committee receives an annual fee of $15,000, and the chair of the audit committee and the compensation and management development committee receives an annual fee of $20,000.  The lead director receives an annual fee of $25,000.  These amounts are paid in quarterly installments, in arrears, and prorated for actual service.


Non-employee directors are also entitled to participate in the Company's 2008 Deferred Compensation Plan, which is an unfunded, nonqualified deferred compensation plan that allows directors the opportunity to defer a portion of their compensation in exchange for a future payment amount equal to their deferments plus or minus certain amounts based upon the market performance of specified measurement funds selected by the participant.