alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                     EXHIBIT 4.5


                              [NEXTERA LETTERHEAD]


                                                                  March 29, 2002


Knowledge Universe, Inc.
844 Moraga Drive
Los Angeles, CA  90049
Attention: Stanley E. Maron

Dear Mr. Maron:

        This letter amends the Letter Agreement (the "Agreement"), dated as of
June 29, 2001, that was entered into by and between Nextera Enterprises, Inc., a
Delaware corporation (the "Company"), and Knowledge Universe, Inc. and
affiliates ("KU").

        All terms and provisions of the Agreement remain in full force and
effect, except that the language which provides that "If the Senior Lenders do
not approve such exchange prior to July 1, 2001, KU agrees that the Company's
right and option to exchange the Series A Preferred Stock into subordinated debt
shall be extended until ten (10) business days after the Company's receipt of
written approval from the Senior Lenders of such exchange" shall be deleted in
its entirety and replaced with the following: "If the Senior Lenders do not
approve such exchange prior to July 1, 2001, KU agrees that the Company's right
and option to exchange the Series A Preferred Stock into subordinated debt shall
be extended until no later than June 15, 2002."

        Except as specifically amended hereby, the Agreement shall continue in
full force and effect. Please sign where indicated below to evidence your
acknowledgement and agreement to the foregoing.

               Very truly yours,

               NEXTERA ENTERPRISES, INC.,
               a Delaware corporation

                   /s/ David Schneider
               --------------------------------------------
               By: David Schneider
               Title: President and Chief Executive Officer


               ACKNOWLEDGED AND AGREED

               KNOWLEDGE UNIVERSE, INC.,
               a Delaware corporation

                   /s/ Stanley E. Maron
               --------------------------------------------
               By: Stanley E. Maron
               Title: Secretary
EXHIBIT 23.2


INDEPENDENT AUDITORS' CONSENT AND REPORT ON SCHEDULES

To the Board of Directors and Shareholders of
NetSpeak Corporation and subsidiary
Boca Raton, Florida

We consent to the incorporation by reference in Registration Statement No's.
333-44827 and 333-63079 of NetSpeak Corporation and subsidiary (the "Company")
on Forms S-8 of our report dated February 1, 2000 (February 17, 2000 as to the
employment agreements in Note 6), appearing in this Annual Report on Form 10-K
of the Company for the year ended December 31, 1999.

Our audits of the financial statements referred to in our aforementioned report
also included the financial statement schedules of the Company, listed in Item
14. These financial statement schedules are the responsibility of the Company's
management. Our responsibility is to express an opinion bases on our audit. In
our opinion, such financial statement schedules, when considered in relation to
the basic financial statements taken as a whole, present fairly in all material
respects the information set forth therein.

DELOITTE & TOUCHE LLP
Certified Public Accountants

Fort Lauderdale, Florida
March 30, 2000
Editorial Note on Part 154
Editorial Note: Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

§ 154.516 Piping: Hull protection. A vessel's hull must be protected from low temperature liquid leakage by a drip pan, or other means specially approved by the Commandant (CG-ENG), at: ( a ) Each piping connection dismantled on a routine basis;
( b ) Cargo discharge and loading manifolds; and
( c ) Pump seals.
[CGD 74-289, 44 FR 26009, May 3, 1979, as amended by CGD 82-063b, 48 FR 4782, Feb. 3, 1983]
Amendment to the Employment Agreement with Henry R. Silverman


Exhibit 10.1



	
Clarification of Employment Agreement







January 21 , 2005







Mr. Henry R. Silverman, Chairman and Chief Executive Officer

Cendant Corporation

9 West 57th Street

New York, New York 10019




Dear Mr. Silverman:




Reference is made to the Amended and Extended Employment Agreement by and between Cendant Corporation (“Cendant”) and you, dated as of July 1, 2002 (the “Employment Agreement”), and the Second Amendment to Amended and Extended Employment Agreement dated as of August 20, 2004 (the “Second Amendment”). Upon reviewing the Employment Agreement and the Second Amendment, we have discussed a certain provision which, for the benefit of Cendant and its shareholders, we mutually desire to clarify.




As you know, pursuant to the Second Amendment, you previously agreed that your entitlement to receive certain post-termination compensation under certain circumstances (in exchange for providing post-termination consulting services) would be reduced to a period which will not exceed 5 years (prior to the Second Amendment, the period was your lifetime). Cendant and you now wish to clarify that the post-termination restrictive covenants applicable to you under the Employment Agreement (which, for example, preclude you under certain circumstances from competing against Cendant for your lifetime) will not terminate if and when your right to post-termination compensation expires following such 5 year period. Rather, such post-termination restrictive covenants are intended to remain in effect for your lifetime or for as long as you are provided separation benefits from Cendant.




Therefore, for greater clarity and in order to effectuate the intent of the Second Amendment, Cendant and you agree that the second to last sentence of Section 8(c) of the Employment Agreement, which sets forth the definition of “Post Term Cessation Date,” is hereby amended to read, in its entirety, as follows:





		“Post Term Cessation Date” shall mean the date that the Company ceases providing you Separation Benefits in breach of this Agreement.






This letter is intended to constitute an amendment to the Employment Agreement and, as amended hereby, the Employment Agreement shall remain in full force and effect. In order to evidence your agreement to the foregoing, please sign and return the enclosed copy of this document, which shall constitute a binding agreement between Cendant and you.







CENDANT CORPORATION




By: /s/ Eric J. Bock                

Eric J. Bock

Executive Vice President and Corporate Secretary

 

Accepted and Agreed to as

of the date first above written:




/s/ Henry R. Silverman    

Henry R. Silverman
Exhibit 10.6

                            TRADEMARK LICENSING OFFER
                            -------------------------

         On December 5, 2001, Mastellone Hermanos S.A. ("MHSA") issued to Danone
Argentina S.A. ("Danone") a Trademark Licensing Offer (the "Licensing Offer")
covering the Argentine Republic. The effective date of the Licensing Offer is
January 1, 2002. The Licensing Offer is for a period of 10 years, as from the
effective date. The parties may renew a Licensing Offer for an additional year.
If a party does not want to renew a Licensing Offer, the party must notify the
other party at least three months before the termination date.

         Under the Licensing Offer, Danone has been granted several rights.
Danone has an exclusive right to market several products and an exclusive right
to use the trademarks associated with these products within the Argentine
Republic. The licensed trademarks include the following: (1) Casancrem, and (2)
Casandiet. and the Products are verious types of soft cheese. Danone may not
assign or sub-license any of its rights under the Offer.

         In return for the right to use these trademarks and information, Danone
owe MHSA several obligations. Danone must comply with instructions of MHSA with
respect to packaging, the quality and hygienic of the Products, and the
distribution, sell and quality control of the Products. Danone must meet MHSA's
quality control requirements and submit the licensed products to MHSA for
quality control testing. Danone must stop production of the licensed products if
MHSA decides that the licensed products to not meet production standards.
Finally, Danone must submit all proposed uses of the licensed trademarks to MHSA
for approval.

         In addition, Danone agree to pay MHSA a royalty equal to 1% of net
sales of the licensed products sold in Argentina.

         MHSA may rescind a Licensing Offer if any of the following events
occur:

         1.  Danone stops production,

         2.  Danone Company enters into bankruptcy,

         3.  Danone is nationalized,

         4.  there is a change of control at Danone.

         After termination or rescission of the Licensing Offer the licenses are
permanently revoked.
IIB 

111TH CONGRESS 

1ST SESSION H. R. 2062 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2009 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To amend the Migratory Bird Treaty Act to provide for 

penalties and enforcement for intentionally taking protected avian species, 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, 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

HR 2062 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Migratory Bird Treaty 

3 Act Penalty and Enforcement Act of 2009’’. 

4 SEC. 2. AMENDMENT OF MIGRATORY BIRD TREATY ACT. 

5 Section 6 of the Migratory Bird Treaty Act (16 

6 U.S.C. 707) is amended by redesignating subsection (d) 

7 as subsection (e), and by inserting after subsection (c) the 

8 following new subsection: 

9 ‘‘(d)(1) Except in the case of hunting and other activ10 ity allowed under section 3, whoever in violation of this 

11 Act kills or wounds a migratory bird in an aggravated 

12 manner shall, in lieu of any penalty for such violation— 

13 ‘‘(A) for the first violation, be fined under title 

14 18, United States Code, imprisoned for not more 

15 than one year, or both; and 

16 ‘‘(B) for the second and any subsequent viola17 tion, be fined under title 18 of the United States 

18 Code, imprisoned for not more than 2 years, or both. 

19 ‘‘(2) The authority under section 3(k) of the Fish and 

20 Wildlife Improvement Act of 1978 (16 U.S.C. 742l(k)) ap21 plies with respect to a violation described in paragraph 

22 (1). 

23 ‘‘(3) For the purposes of this subsection the term ‘ag24 gravated manner’ means deliberately and in a manner 

25 that— 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

HR 2062 RFS 

1 ‘‘(A) demonstrates indifference to the pain and 

2 suffering of the bird; or 

3 ‘‘(B) involves actions that would shock a rea4 sonable person.’’. 

Passed the House of Representatives December 7, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


rfrederick on DSKD9S0YB1PROD with BILLS
EXHIBIT
    32.2  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 Axonyx Inc. (the Company)
    on Form 10-Q for the period ended September 30, 2004 as filed with the Securities
    and Exchange Commission (the Report), I, S. Colin Neill, Chief
    Financial Officer, Secretary and Treasurer 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 to my knowledge:  1.
      
      the Report fully
          complies with the requirements of section 13(a) 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/
          S. Colin NeillS.
          Colin Neill
        Chief Financial
          Officer, Secretary and Treasurer (Principal Financial and Accounting
          Officer)   November
    10, 2004  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 the Company and will be retained
    by the Company and furnished to the Securities and Exchange Commission or
    its staff upon request.
§ 197.210 Designation of diving supervisor. The name of the diving supervisor for each commercial diving operation shall be— ( a ) Designated in writing; and
( b ) Given to the person-in-charge prior to the commencement of any commercial diving operation.
#### Wilcox v. Palmeter.

*Damages—evidence as to—Emdenae—in justices court*— *Justice’s court*— *reply in not necessary.*

In an action in a justice’s court for the use of a wagon, defendant pleaded a set-off for work, labor and services. *Held,*(1) that evidence of the value of the wagon when received by defendant and when returned, showed wear and tear, and was competent on the question of the value of the use; (2) that the fact that the justice received immaterial evidence, did not oblige the county court, on a new trial, to do so, and (3) that plaintiff could give evidence in answer to defendant’s set-off without a reply.

Appeal by defendant from a judgment in the Chautauqua county court in favor of plaintiff, and from an order denying a motion for a new trial.

The action was brought in a justice’s court by Samuel Wilcox against Washington Palmeter, to recover for the use of a wagon.

*C. R. Lockwood,*for appellant.

*Morris & Russell,*for respondent.

Gilbert, J.

The head-note states the substance of the opinion.

*Judgment affirmed.*
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.486 Design and equipment for removing NLS residue by ventilation: Categories A, B, C, and D. ( a ) If NLS residue is to be removed from a cargo tank by ventilation, in addition to the equipment required under paragraph (b) of this section the ship must have— ( 1 ) Openings in the tank deck near the sump or suction point;
( 2 ) If the openings required by paragraph (a)(1) of this section are insufficient, an access opening for visually determining whether liquid remains in the sump area of the cargo tank after ventilation or some other means for making this determination; and
( 3 ) An approved Procedures and Arrangements Manual with instructions that meet § 153.490(b)(3).
( b ) Unless the ship operator shows that the ventilation equipment specified in this paragraph will be available from shore when needed, if NLS residue is to be removed from a cargo tank by ventilation, in addition to the equipment required under paragraph (a) of this section the ship must have— ( 1 ) Portable forced air ventilating equipment fitting the ventilation openings required in paragraph (a) of this section and able to ventilate the extremities of the tank to the extent prescribed in Appendix C of the IMO *Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances,* Resolution MEPC 18(22), 1985; and
( 2 ) A connector that allows a fan or air supply to be connected to the hose connections for the tank at the manifold.
Note:
The Clean Air Act (42 U.S.C. 7401 *et seq.*) allows states to regulate emissions from tank ventilation. There may be other regulations, both local and Federal, that affect the use of tank ventilation for safety or environmental purposes.
#### Charles Raht, *as*Executor, *etc., v.*Henry Y. Attrill and others.

Appeals ;from order denying motion of Attrill, and from order granting motion of Souter, settled and withdrawn.
§ 15.715 Automated vessels. ( a ) Coast Guard acceptance of automated systems to replace specific personnel or to reduce overall crew requirements is predicated upon the capabilities of the system, the system's demonstrated and continuing reliability, and a planned maintenance program that ensures continued safe operation of the vessel.
( b ) The OCMI considers the capabilities of an automated system in establishing initial manning levels; however, until the system is proven reliable, a manning level adequate to operate in a continuously attended mode will be specified on a vessel's COI. It remains the responsibility of the vessel's master to determine when a continuous watch is necessary.
#### In the Matter of the Petition of the Lockport and Buffalo Railroad Company for authority to use a highway in the Town of Wheatfield, Niagara County.

Order affirmed, with ten dollars costs and disbursements.
[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Page 2694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-218]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the National Coordinator for Health Information 
Technology; American Health Information Community Meeting

ACTION:  Change in meeting location.

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

SUMMARY: This notice announces the 11th meeting of the American Health 
Information Community in accordance with the Federal Advisory Committee 
Act (Pub. L. 92-463, 5 U.S.C., App.) The American Health Information 
Community will advise the Secretary and recommend specific actions to 
achieve a common interoperability framework for health information 
technology (IT).

DATES: January 23, 2007, from 8:30 a.m. to 4:30 p.m.

NEW ADDRESSES: U.S. Department of Veterans Affairs, The G.V. ``Sonny'' 
Montgomery Veterans Conference Center, 810 Vermont Avenue, NW., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: visit http://www.hhs.gov/healthit/ahic.html.

SUPPLEMENTARY INFORMATION: The meeting will include presentations by 
the Consumer Empowerment, Biosurveillance, Confidentiality, Privacy and 
Security, and Quality Workgroups on their Recommendations and also a 
demonstration of prototypes of the Nationwide Health Information 
Network (NHIN).
    A Web cast of the Community meeting will be available on the NIH 
Web site at: http://www.videocast.nih.gov/.
    If you have special needs for the meeting, please contact (202) 
690-7151.

Judith Sparrow,
Director, American Health Information Community, Office of Programs and 
Coordination, Office of the National Coordinator for Health Information 
Technology.
[FR Doc. 07-218 Filed 1-19-07; 8:45 am]
BILLING CODE 4150-24-M
# C_2011095EN.01000901.xml

| 26.3.2011 | EN | Official Journal of the European Union | C 95/9 |
| --- | --- | --- | --- |

26.3.2011

EN

Official Journal of the European Union

C 95/9

---

Action brought on 24 January 2011 — Air France v Commission

(Case T-63/11)

2011/C 95/14

Language of the case: French

Parties

Parties

Applicant: Société Air France (Roissy Charles de Gaulle, France) (represented by: A. Wachsmann and S. Thibault-Liger, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul, on the basis of Article 263 TFEU, the entirety of European Commission Decision No C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39.258 — Airfreight) in so far as it concerns Société Air France, as well the grounds underlying the operative part of the Decision; |
| --- | --- |

—

annul, on the basis of Article 263 TFEU, the entirety of European Commission Decision No C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39.258 — Airfreight) in so far as it concerns Société Air France, as well the grounds underlying the operative part of the Decision;

| — | at the very least, annul Article 5(b) and (d) of Decision No C(2010) 7694 final of 9 November 2010 which imposes a fine on Société Air France, and the grounds underlying those provisions or reduce, on the basis of Article 261 TFEU, that fine to an appropriate amount; |
| --- | --- |

—

at the very least, annul Article 5(b) and (d) of Decision No C(2010) 7694 final of 9 November 2010 which imposes a fine on Société Air France, and the grounds underlying those provisions or reduce, on the basis of Article 261 TFEU, that fine to an appropriate amount;

| — | in any event, order the European Commission to pay all the costs. |
| --- | --- |

—

in any event, order the European Commission to pay all the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of its action, the applicant puts forward ten pleas which are essentially identical or similar to those raised in Case T-62/11 Air France — KLM v Commission.

Air France — KLM

Commission

---
§ 170.005 Vessel alteration or repair. ( a ) Alterations and repairs to inspected vessels must be done— ( 1 ) Under the direction of the Officer in Charge, Marine Inspection; and
( 2 ) Except as provided in paragraph (b) of this section, in accordance with the regulations in this subchapter, to the extent practicable.
( b ) Minor alterations and repairs may be done in accordance with regulations in effect at the time the vessel was contracted for.
UNITED STATES DISTRICT COURT

EASERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MICHAEL MILES,

Plaintiff,

Case No. 5:15-cv-11042-JCO-RSW

Judge John Corbett O'Meara

v. 

Mourad Restaurants Inc, a Michigan Corporation, 

Defendant.

STIPULATION FOR ENTRY OF CONSENT DECREE AND ORDER

Plaintiff Michael Miles and Defendant Mourad Restaurants Inc, a Michigan Corporation, 

by and through their undersigned attorneys, stipulate and agree to entry of the accompanying 

Consent Decree and Order, which fully adjudicates all the claims of all the parties and ends this 

action. 

Dated: September 14, 2015

s/ Owen B. Dunn, Jr.

Owen B. Dunn, Jr. (P66315)

LAW OFFICE OF OWEN B. DUNN, JR.

4334 West Central Avenue, Suite 222

Toledo, Ohio 43615

Telephone: (419) 241-9661

Email: dunnlawoffice@sbcglobal.net

Attorney for Plaintiff

/s/ Thomas L. Misuraca 

Thomas L. Misuraca (P25304)

Garan Lucow Miller P.C.

1000 Woodbridge Street

Detroit, Michigan 48207-3192

313-446-1530 (Firm)

313-259-0450 (Fax)

thomas.misuraca@garanlucow.com

Attorney for Defendants

Case 5:15-cv-11042-JCO-RSW ECF No. 12 filed 09/16/15 PageID.59 Page 1 of 1