alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.40


AMENDMENT
 TO
 EMPLOYMENT AGREEMENT
 BY AND BETWEEN 
 EMISPHERE TECHNOLOGIES, INC.
 AND
 MICHAEL M. GOLDBERG, M.D.


                    THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the “Amendment”), effective as of December 15, 2004, is entered into by and between Emisphere Technologies, Inc., a Delaware corporation with principal offices at 765 Old Saw Mill River Road, Tarrytown, New York 10591 (the “Employer”), and Michael M. Goldberg, M.D. (the “Executive”).


                    WHEREAS, the Employer and the Executive entered into an Employment Agreement dated as of July 31, 2000 (the “Employment Agreement”);


                    WHEREAS, the Employer and the Executive wish to amend the Employment Agreement, effective as of December 15, 2004, to modify the notice period required in connection with non-renewal of the Employment Agreement; 


                    NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:


                    1.  The second sentence of Section 2, “Term of Employment,” is hereby replaced in its entirety with the following:

	
   
  	
  
The Original   Term shall be automatically renewed for successive one-year terms (the   “Renewal Terms”) unless at least 90 days prior to the expiration of the   Original Term or any Renewal Term, either Party notifies the other Party in   writing that he or it is electing to terminate this Agreement at the   expiration of the then current Term.
  




                    2.  As amended herein, the Employment Agreement shall remain in full force and effect.








          IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first above written.

	
  
 
  	
  
EMISPHERE TECHNOLOGIES, INC.
  
	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
By:
  	
  
/s/ ELLIOT MAZA
  
	
   
  	
  
 
  	
  


  
	
  
 
  	
  
Title:
  	
  
Chief   Financial Officer
  
	
  
 
  	
  
Date:
  	
  
January 20,   2005
  
	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
EXECUTIVE
  
	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
 
  	
  
/s/ MICHAEL M. GOLDBERG,   M.D.
  
	
  
 
  	
  
 
  	
  


  
	
   
  	
   
  	
  Michael M.   Goldberg, M.D.
  
	
   
  	
   
  	
   
  
	
   
  	
  Date:
  	
  January 20,   2005
# National Safe Boating Week, 2007

Millions of Americans take advantage of and participate in the special beauty of our Nation's waterways. During National Safe Boating Week, we renew our commitment to raising awareness about the importance of making safe and sound boating decisions on the water.

America's rivers, lakes, and oceans are wonderful places for boaters to gather with friends and family while enjoying the outdoors. As they do so, it is important that individuals avoid risky behaviors that can lead to boating accidents. Factors such as careless and reckless operation, inattention, and excessive speed contribute to accidents. To help ensure that individuals stay safe on America's waterways, the United States Coast Guard urges citizens to take basic safety precautions such as wearing a life jacket, participating in a boat safety course, getting a free vessel check, and never boating under the influence of alcohol or drugs. By practicing responsible boating habits, citizens can help contribute to a safer, more enjoyable experience on the water.

In recognition of the importance of safe boating practices, the Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as amended, has authorized and requested the President to proclaim annually the 7-day period prior to Memorial Day weekend as “National Safe Boating Week.”

                    NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 19 through May 25, 2007, as National Safe Boating Week. I encourage the Governors of the 50 States and the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States, to join in observing this week. I also urge all Americans to learn more about safe boating practices and always engage in proper and responsible conduct while on the water.                          ( print page 27404)    

IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of May, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-first. 

[FR Doc. 07-2415

Billing code 3195-01-P
# C_2011347EN.01004601.xml

| 26.11.2011 | EN | Official Journal of the European Union | C 347/46 |
| --- | --- | --- | --- |

26.11.2011

EN

Official Journal of the European Union

C 347/46

---

Action brought on 23 September 2011 — ZZ v EESC

(Case F-92/11)

2011/C 347/86

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Applicant:

Defendant: European Economic and Social Committee

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the decision of the EESC refusing the applicant’s request for acknowledgement that he was the victim of misconduct, as a result of lack of assistance and a breach of the duty of care, and for measures to be taken in order to establish publicly the applicant’s merits and abilities, and a claim for damages.

Form of order sought

Form of order sought

| — | Annul the decision of 14 June 2011 of the Secretary-General of the European Economic and Social Committee (Appointing authority/EESC) rejecting the applicant’s complaint seeking acknowledgement that he was the victim of misconduct, as a result of lack of assistance and a breach of the duty of care, and requesting that measures be taken to establish publicly the applicant’s merits and abilities, in particular the applicant’s capacity to run an administrative unit and manage its human and financial resources; |
| --- | --- |

—

Annul the decision of 14 June 2011 of the Secretary-General of the European Economic and Social Committee (Appointing authority/EESC) rejecting the applicant’s complaint seeking acknowledgement that he was the victim of misconduct, as a result of lack of assistance and a breach of the duty of care, and requesting that measures be taken to establish publicly the applicant’s merits and abilities, in particular the applicant’s capacity to run an administrative unit and manage its human and financial resources;

| — | order the EESC to pay a sum of EUR 15 000 by way of compensation for non-material damage resulting from a breach of the appointing authority’s duty of care; |
| --- | --- |

—

order the EESC to pay a sum of EUR 15 000 by way of compensation for non-material damage resulting from a breach of the appointing authority’s duty of care;

| — | order the EESC to pay the costs. |
| --- | --- |

—

order the EESC to pay the costs.

---
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

METROPOLITAN LIFE 

INSURANCE COMPANY, 

 Plaintiff, 

 Case No. 15-CV-11269 

v. 

 HON. MARK A. GOLDSMITH 

 AUDREY BREWER, et al., 

 

 Defendants. 

_________________________________/ 

ORDER (1) ACCEPTING THE REPORT AND RECOMMENDATION OF THE 

MAGISTRATE JUDGE DATED JUNE 30, 2015 (Dkt. 14), (2) RELEASING 

INTERPLEADER FUNDS PURSUANT TO THE SETTLEMENT AGREEMENT, AND 

(3) TERMINATING THIS ACTION 

This matter is presently before the Court on the Report and Recommendation (R&R) of 

Magistrate Judge Elizabeth A. Stafford, issued on June 30, 2015 (Dkt. 14). In the R&R, the 

Magistrate Judge recommends that the Plan Benefits, plus any applicable interest, be disbursed 

equally between Defendants Alicia Wilson and Demaree Heeren, and that this action be 

terminated. The parties have not filed objections to the R&R, and the time to do so has expired. 

See Fed. R. Civ. P. 72(b)(2). The Court has reviewed and accepts the R&R. 

Accordingly, the Court orders that the Plan Benefits, plus any applicable interest, be 

disbursed equally between Alicia Wilson and Demaree Heeren. The Court will issue a separate 

order regarding the distribution of these funds. The Court further orders that this action be 

terminated. 

SO ORDERED. 

Date: July 31, 2015 s/Mark A. Goldsmith 

 Detroit, Michigan MARK A. GOLDSMITH 

 United States District Judge 

2:15-cv-11269-MAG-EAS Doc # 15 Filed 07/31/15 Pg 1 of 2 Pg ID 127
2 

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and 

any unrepresented parties via the Court's ECF System to their respective email or First Class 

U.S. mail addresses disclosed on the Notice of Electronic Filing on July 31, 2015. 

 s/Carrie Haddon 

 Case Manager 

2:15-cv-11269-MAG-EAS Doc # 15 Filed 07/31/15 Pg 2 of 2 Pg ID 128
Exhibit 32.4



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 Annual Report of Highlands Bankshares, Inc. (the Company) on Form 10-K for the period ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James R. Edmondson, Vice President of Accounting 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/ James R. Edmondson

James R. Edmondson

Vice President of Accounting

March 26, 2005
Editorial Note on Part 356
Editorial Note: Nomenclature changes to part 356 appear at 68 FR 5576, Feb. 4, 2003.

§ 356.1 Purpose. ( a ) Part 356 implements the U.S. Citizenship requirements of the American Fisheries Act of 1998, as amended, Title II, Division C, Public Law 105-277, for owners, Mortgage Trustees, and Mortgagees of vessels of 100 feet or greater in registered length that have a fishery endorsement to the vessel's documentation or where a fishery endorsement to the vessel's documentation is being sought. This part also addresses ancillary matters of charters, management agreements, exclusive sales or marketing contracts, conflicts with international agreements, determinations regarding violations of harvesting or processing limits, and exceptions for certain vessels, vessel owners and Mortgagees from the general requirements of the rule.
( b ) An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Part 356 establishes a new requirement for the collection of information. The Office of Management and Budget (“OMB”) has reviewed and approved the information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, *et seq.*) and assigned OMB control number 2133-0530 to the information collection requirements of this part 356.
Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

#   Board Actions 

## Actions taken during the week ending October 21, 2006

----

Bank Holding CompaniesRegions Financial Corporation, Birmingham, Alabama  -- to merge with AmSouth Bancorporation and thereby acquire AmSouth Bank, and for Regions Bank to merge with AmSouth Bank and thereby establish branches.					-Approved, October 20, 2006 					Wachovia Corporation, Charlotte, North Carolina  -- commenter's request for reconsideration of the Board's approval of the application to acquire Golden West Financial Corporation, Oakland, California.					-Denied, October 20, 2006 					

Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco
Home | Banking information and regulationAccessibility | Contact   usLast update: October 26, 2006
#### Abram Ladue, *Respondent, v.*Charles B. Nichols, *Appellant*.

Motion for new trial granted, costs to abide event. Opinion by

Hardin, J.
#### § 327.31 Statute of limitations not tolled by administrative consideration of claims.

The statute of limitations for filing a civil action under 46 U.S.C. 30101(b) is not tolled by MarAd's administrative consideration of a claim.
##### 



Exhibit 10.58
 BANK OF AMERICA, N.A.
100 Federal Street
Boston, Massachusetts 02110
 As of November 9, 2007
 
 Re:
    
    Waiver and Amendment to Loan Agreement
Dover Saddlery, Inc. Financing Arrangements
     Amendment
 Maturity Date means October 31, 2008.




---



##### 



Waiver
    Very truly yours,BANK OF AMERICA, N.A.
(successor by merger to Fleet National Bank)By:
    /s/ John F. LynchTitle:  Senior Vice President ACCEPTED AND AGREED TO:DOVER SADDLERY, INC.
(a Massachusetts corporation)By:
    /s/ Stephen L. DayTitle:  President and CEO - 2 -




---



##### 



CONSENT OF GUARANTORS
  DOVER SADDLERY, INC.By:
    /s/ Michael W. BrunsTitle: Chief Financial Officer SMITH BROTHERS, INC.By:
    /s/ Stephen L. DayTitle:  Director - 3 -
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000             JUN-30-1999
<PERIOD-START>                             JAN-01-2000             JUL-01-1999
<PERIOD-END>                               MAR-31-2000             MAR-31-2000
<CASH>                                       1,221,901                   1,283
<SECURITIES>                                         0                       0
<RECEIVABLES>                                3,187,575                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             4,581,966                   1,283
<PP&E>                                         249,645                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               9,133,604                   1,283
<CURRENT-LIABILITIES>                        1,180,236                   5,315
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        20,029                  10,029
<OTHER-SE>                                   7,935,403                 (4,032)
<TOTAL-LIABILITY-AND-EQUITY>                 9,133,604                   1,283
<SALES>                                              0                       0
<TOTAL-REVENUES>                                     0                       0
<CGS>                                                0                       0
<TOTAL-COSTS>                                (174,810)               (183,056)
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              (105,532)               (113,778)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (105,532)               (113,778)
<EPS-BASIC>                                      (.06)                   (.06)
<EPS-DILUTED>                                    (.06)                   (.06)


</TABLE>
Order entered June 2 , 2016

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 01284
- CR No. 05
- 15
- 0128 5
- CR LATOYA DENISE MCMULL EN, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court

Dallas Co unty, Texas Trial Court Cause No s . F 14
- 24837
- U & F14
- 24545
- U



### O RDER Appellant has informed the Court that s he wishes to file a pro se response to the Anders brief filed by appellate counsel. Accordingly, we ORDER appellate counsel Bruce C. Kaye to provid e appellant with copies of the clerk’s and reporter’s records. We further ORDER Mr. Kaye to provide this Court, within THIRTY DAYS of the date of this order, with written verification that the record has been sent to appellant. Appellant’s pro se respons e is due by August 12 , 2016

. We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Mitchell, Presiding Judge, 291 st Judicial District Court; Sasha Brooks, Official Court Reporter, 291 stJudicial District Court, Felicia Pitre, Dallas County District Clerk; Bruce C. Kaye; and the Dallas

County District Attorney’s Office.
We DIRECT the Clerk to send a copy of this order, by first class mail, to Latoya Denise McMullen, TDCJ No. 15051466, Dallas County Jail, Kays Tower 4

- H, PO Box 660334, Dallas, TX 75266

- 0334.

.
/s/ LANA MYERS JUSTICE
§ 27.303 What are the requirements for fire-extinguishing equipment on towing vessels in inland service, and on towing vessels in ocean or coastal service whose construction was contracted for before August 27, 2003? You must carry on your towing vessel both— ( a ) The minimum number of hand-portable fire extinguishers required by subpart 25.30 of this part; and
( b ) By April 29, 2005, either— ( 1 ) An approved 160-B or 100 lb. CO2 extinguisher, regardless of rating, to protect the engine room; or
( 2 ) A fixed fire-extinguishing system installed to protect the engine room of the vessel.
[USCG-2000-6931, 69 FR 34069, June 18, 2004, as amended by USCG-2012-0196, 81 FR 48246, July 22, 2016]
#### § 201.65 Effective date of rules.

The publication or service of any substantive rule shall be made not less than 30 days prior to its effective date except: (a) As otherwise provided by the Administration for good cause found and published in the Federal Register or (b) in the case of rules granting or recognizing exemption or relieving restriction, interpretative rules, and statements of policy.
#### § 391.9 Consolidated returns. [Reserved]
|   | i. | The      report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act 1934;and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------|

|   | ii. | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  July      21, 2008  | /s/      MARTIN      EULER                             |
|--------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                       | Name: Martin      Euler                                                                                                                                                                            |
|                                       | Title: Chief      Executive Officer                                                                                                                                                                |

----
§ 176.830 Unsafe practices. ( a ) At each inspection for certification and at every other vessel inspection all observed unsafe practices, fire hazards, and other hazardous situations must be corrected and all required guards and protective devices must be in satisfactory condition.
( b ) At each inspection for certification and at every other vessel inspection the bilges and other spaces may be examined to see that there is no excessive accumulation of oil, trash, debris, or other matter that might create a fire hazard, clog bilge pumping systems, or block emergency escapes.
Special achievement award



 Exhibit 10.1 
  
 Schedule of special achievement awards to certain named executive officers 
  
 2004 SPECIAL AWARDS 
  
 Background 
  
 From time to time unusual events merit awards for outstanding individual performance outside of the short-term incentive plan. Special
events such as restructurings, mergers and acquisitions or comprehensive programs have been the basis for special recognition in the past. 
  
 *    *    *    *    * 
  
 2004 SPECIAL AWARDS 
  

						
	INTEGRIS ACQUISITION	  	 	 	  	 
	  
 n       Neil S. Novich
 CEO, President & Chairman
  
	  	  
 
	15,000  
  
	  	 shares of restricted stock 100% vesting after 3 years
  
  

	  
 n       Jay Gratz
 EVP & CFO
  
	  	  
 
	6,700  
  
	  	 shares of restricted stock 100% vesting after 3 years
  
  

	SAP IMPLEMENTATION	  	 	 	  	 
	  
 n       Gary Niederpruem
 EVP
  
	  	  
 
	5,000  
  
	  	 shares of restricted stock 100% vesting after 3 years
  
  

	J & F ACQUISITION	  	 	 	  	 
	  
 n       Jay Gratz
 EVP & CFO
  
	  	  
 
	10,000  
  
	  	 shares of restricted stock 100% vesting after 3 years
  
  

	REFINANCING	  	 	 	  	 
			
	 n       Jay Gratz
 EVP & CFO
	  	$	127,500	  	cash
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No. 07-15-00178-CV

In the Interest of H.D., M.D. and C.F.,

Children

§

§

§

§

From the 108th District Court

 of Potter County

July 16, 2015

Opinion by Chief Justice Quinn

J U D G M E N T

Pursuant to the opinion of the Court dated July 16, 2015, it is ordered, adjudged

and decreed that the judgment of the trial court be affirmed.

Inasmuch as this is an appeal in forma pauperis, no costs beyond those that

have been paid are adjudged.

It is further ordered that this decision be certified below for observance.

o O o

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