alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Long-Term Incentive Plan Participation Notice



 EXHIBIT 10.1 
  
 

 
  
 Form of Participation Notice

 Mercury Interactive Corporation 
 Long-Term Incentive Plan 
  

			
	Name:	  	 
	Title:	  	 
	Performance Period:	  	January 1 through December 31,             

  
 Capitalized terms used in this
Participation Notice (“Notice”) but not otherwise defined shall have the respective meanings ascribed to them in the Long-Term Incentive Plan (the “Plan”) attached hereto as Exhibit A and incorporated herein by this reference.

  
 Criteria/Amount of Award: 
  

	•	 	Non-GAAP Earnings per share (“EPS”) and Bookings Growth of the Company (together, the “Criteria”), with the targets based on the Company’s Business Plan for
the Performance Period approved by the Company’s Board of Directors. 

  

	•	 	Target cash Award amount for this Performance Period:
                         (representing 100% in the matrix below), with a maximum potential cash Award of
[    ]% of the target. 

  

	•	 	In addition, you are eligible for a grant of (or have been granted) an option to purchase              shares
under the terms of the Equity Plan. The terms of the option will be governed by the Equity Plan and the applicable option agreement. 

  
 Performance Goals: 
  

	•	 	The amount of a cash Award is based on the Company’s achievement (as determined by the Committee in its sole discretion) of the Performance Goals as set forth in the matrix
below: 

  
 Performance Matrix 
 Award Percentage 
  
 EPS 
  
 Bookings Growth 
  

	•	 	Examples: 

  

	 	•	 	If the Company achieves the minimum Performance Goal for each of the Criteria, then the Participant shall be granted a cash Award equal to     % of the
total cash Award amount. 

  

	 	•	 	If the Company does not achieve the minimum Performance Goal for each of the Criteria, then the Participant shall not be granted a cash Award. 

  
 Vesting and Payment of Cash Awards: 
  

	•	 	The vesting of cash Awards shall occur over a two year period after the end of the Performance Period. Payment of cash Awards will be made in the first quarter following full
vesting of a cash Award (or Q1         ), subject to earlier payment in the limited circumstances set forth in Section 4(d) of the Plan.  

  
 I hereby acknowledge and agree that my Mercury Interactive Corporation Long-Term Incentive
Plan is comprised of this Participation Notice listing my Performance Goals and the Criteria on which they are based together with the Plan attached hereto as Exhibit A and incorporated herein by this reference (collectively, this
“Notice/Plan”). I further acknowledge and agree that this Notice/Plan is effective during the Performance Period, unless modified in writing. Each new/modified Notice/Plan supersedes and cancels all previous Notice/Plans and any other oral
or written commitment with respect to the subject matter of this Notice/Plan. 
  

							
	“Participant”	 	Mercury Interactive Corporation
				
	Signature:	 	  

	 	By:	 	  


	Date:	 	  

	 	Name:	 	  


	 	 	 	 	Its:
#### The State ex rel. Porter, Appellant, *v.*Cleveland Department of Public Safety et al., Appellees.

[Cite as *State ex rel. Porter v. Cleveland Dept. of Pub. Safety*(1998), 84 Ohio St.3d 258.]

(No. 98-1140

Submitted October 27, 1998

Decided December 30, 1998.)

*Paul Porter, pro se.*

*Sylvester Summers, Jr.,*Cleveland Director of Law, *Joseph J. Jerse,*Chief Assistant Director of Law, and *Anthony N. Palombo,*Assistant Director of Law, for respondents.

*259
      *Per Curiam.*

Porter asserts in his propositions of law that the court of appeals erred in dismissing his complaint for a writ of mandamus. For the reasons that follow, Porter’s claims lack merit.

First, as the court of appeals correctly held, appellees did not have a clear legal duty under R.C. 149.43 to transmit copies of the requested records to Porter in prison by mail or other means. *State ex rel. Iacovone v. Kaminski*(1998), 81 Ohio St.3d 189, 190, 690 N.E.2d 4, 5; *State ex rel. Mayes v. Holman*(1996), 76 Ohio St.3d 147, 149, 666 N.E.2d 1132, 1134.

Second, Porter waived his appellate claims concerning appellees’ alleged violations of the Americans with Disabilities Act and his constitutional right of access because he failed to raise these claims in the court of appeals. “ ‘Ordinarily, reviewing courts do not consider questions not presented to the court whose judgment is sought to be reversed.’ ” See *State ex rel. Quarto Mining Co. v. Foreman*(1997), 79 Ohio St.3d 78, 81, 679 N.E.2d 706, 709, quoting *Goldberg v. Indus. Comm.*(1936), 131 Ohio St. 399, 404, 6 O.O. 108, 110, 3 N.E.2d 364, 367.

Based on the foregoing, we affirm the judgment of the court of appeals.

*Judgment affirmed.*

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
§ 46.05-15 Coastwise voyages. ( a ) A coastwise voyage by sea, for the purpose of marking passenger vessels with subdivision load lines, is a voyage in which a vessel in the usual course of her employment proceeds from one port or place in the United States to another port or place in the United States or from a port or place in a possession to another port or place in the same possession, and passes outside the line dividing inland waters from the high seas (a voyage exclusively on the Great Lakes excepted), as well as a voyage in which a vessel proceeds from a port or place in the United States or her possessions and passes outside the line dividing inland waters from the high seas and navigates on the high seas, and then returns to the same port or place.
§ 62.35-15 Fire safety. ( a ) All required fire pump remote control locations must include the controls necessary to charge the firemain and— ( 1 ) A firemain pressure indicator; or
( 2 ) A firemain low-pressure alarm.
( b ) [Reserved]
```

[Journal of the House of Representatives, 1995]
[Monday, April 3, 1995 (54), Para 54.22 Senate Bills Referred]
[Page 526]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.54.22  senate bills referred

  Bills of the Senate of the following titles were taken from the 
Speaker's table and, under the rule, referred as follows:

       S. 464. An Act to make the reporting deadlines for studies 
     conducted in Federal court demonstration districts consistent 
     with the deadlines for pilot districts, and for other 
     purposes; to the Committee on the Judiciary; and
       S. 532. An Act to clarify the rules governing venue, and 
     for other purposes; to the Committee on the Judiciary.
```
[Federal Register Volume 72, Number 122 (Tuesday, June 26, 2007)]
[Notices]
[Page 35059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3125]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Child Health and Human Development; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel, ``Gene Therapy for Urea Cycle 
Disorders.''
    Date: July 18, 2007.
    Time: 1 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Health, 6100 Executive Boulevard, 
5B01, Rockville, MD 20852 (Telephone Conference Call).
    Contact Person: Norman Chang, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, NIH, 6100 Executive Blvd., Room 
5B01, Bethesda, MD 20892, (301) 496-1485, <a href="/cdn-cgi/l/email-protection#53303b323d343d133e323a3f7d3d3a3b7d343c25"><span class="__cf_email__" data-cfemail="6e0d060f0009002e030f07024000070640090118">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: June 19, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-3125 Filed 6-25-07; 8:45 am]
BILLING CODE 4140-01-M


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-82 -80 -78 -76 -74

36 38 40 

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### ★ ▲ ▲ ▲ ▲ 500 1000 1500 1000

18 12 06 00 07/28 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 28 Jul 07

EDAS Meteorological DataSource★at 39.41 N 76.30 WMeters AGL
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
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Richmond
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Atlanta
Chicago
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St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

# District: 6
Federal Reserve Bank of: Atlanta

## Filings received during the week ending June 27, 2009

|Filer             | Filing Type    | Filing Proposal                                                                                | End of Comment Period                              
|----------------- | -------------- | ---------------------------------------------------------------------------------------------- | ---------------------------------------------------
|COMPASS BANK      | * 18C* Branch  | Compass Bank, Birmingham, Alabama, to merge with BBV Bancomer USA, Diamond Bar, California.    | Newspaper:07/24/2009Federal Register:Not applicable
|Newspaper:        | 07/24/2009    
|Federal Register: | Not applicable
|COMPASS BANK      | * 18C* Branch  | Compass Bank, Birmingham, Alabama, to merge with Central Bank of the South, Anniston, Alabama. | Newspaper:07/24/2009Federal Register:Not applicable
|Newspaper:        | 07/24/2009    
|Federal Register: | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
 |
Richmond
 |
Atlanta
Chicago
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St. Louis
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Minneapolis
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Kansas City
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Dallas
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San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
Argued and submitted June 28,

affirmed October 11, 1995

#### STATE OF OREGON, *Respondent, v.*MARK FERREL DAVIS, *Appellant.*

(TC94-10209; CA A84519)

903 P2d 417

Eric M. Cumfer, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Riggs, Presiding Judge, and Edmonds and Armstrong, Judges.

PER CURIAM

Affirmed. *State v. Prickett,*136 Or App 559, 902 P2d 621 (1995); *see State v. Sulser,*127 Or App 45, 871 P2d 126 (1994).
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

IRIS MONROE DIXON
, Appellant,

v.

WELLS FARGO BANK, N.A.
, as Trustee for Soundview Home Loan Trust

2007

- OPT3, Asset

- Backed Certificates, Series 2007

- OPT3, Appellee

.

No. 4D 15

- 4872

[ January 11, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Susan R. Lubitz , Judge; L.T. Case No.

502012CA000255XXXXMBA

.

W. Jeffrey Barnes of W.J. Barnes, P.A., Boca Raton (withdrew after briefing), for appellan t.

Kimberly S. Mello and Julie A. Girard of Greenberg Traurig, P.A., Tampa, for appellee.

P ER C URIAM

.

Affirmed.

T

AYLOR
, F ORST and K LINGENSMITH , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
PCD INC.'S FORM 10-Q FOR PERIOD ENDED JUNE 29, 1996 AND IS QUALIFIED
IN ITS ENTIRETY FROM REFERENCE TO SUCH FINANCIAL INFORMATION
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-29-1996
<CASH>                                          16,114
<SECURITIES>                                         0
<RECEIVABLES>                                    4,793
<ALLOWANCES>                                       262
<INVENTORY>                                      2,719
<CURRENT-ASSETS>                                23,430
<PP&E>                                           9,778
<DEPRECIATION>                                   4,452
<TOTAL-ASSETS>                                  28,989
<CURRENT-LIABILITIES>                            3,182
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            57
<OTHER-SE>                                      25,750
<TOTAL-LIABILITY-AND-EQUITY>                    28,989
<SALES>                                         14,310
<TOTAL-REVENUES>                                14,310
<CGS>                                            7,853
<TOTAL-COSTS>                                    7,853
<OTHER-EXPENSES>                                 2,776
<LOSS-PROVISION>                                    70
<INTEREST-EXPENSE>                                   3
<INCOME-PRETAX>                                  3,943
<INCOME-TAX>                                     1,465
<INCOME-CONTINUING>                              2,478
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,478
<EPS-PRIMARY>                                     0.48
<EPS-DILUTED>                                     0.41
        

</TABLE>
Argued and submitted March 27,

reversed and remanded for reconsideration September 27, 1995

#### In the Matter of the Compensation of Melvin L. Shroy, Claimant. SAFEWAY STORES, INC., *Petitioner, v.*Melvin L. SHROY, *Respondent.*

(93-07329, 93-02639; CA A85509)

902 P2d 141

Kenneth L. Kleinsmith argued the cause for petitioner. With him on the brief was Meyers, Radler, Replogle & Bohy.

Robert G. Dolton argued the cause and filed the brief for respondent.

Before Riggs, Presiding Judge, and Landau and Leeson, Judges.

PER CURIAM

*147PER CURIAM

Employer seeks review of an order of the Workers’ Compensation Board holding that a medical arbiter’s report constitutes an aggravation claim under ORS 656.273 and that claimant has established a compensable worsening.

ORS 656.273(3) has been amended by Oregon Laws 1995, chapter 332, section 21. Because the amended version of the statute is applicable here, we remand for reconsideration in the light of the new law. *Volk v. America West Airlines,*135 Or App 565, 899 P2d 746 (1995).

Reversed and remanded for reconsideration.
I

104TH CONGRESS

1ST SESSION H. R. 1582

To amend the Clean Air Act to provide for the reclassification of downwind

nonattainment areas, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 9, 1995

Mr. CUNNINGHAM (for himself, Mr. BILBRAY, Mr. HUNTER, and Mr. PACKARD) introduced the following bill; which was referred to the Committee

on Commerce

A BILL

To amend the Clean Air Act to provide for the reclassification of downwind nonattainment areas, and for other

purposes.

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

3 SECTION 1. RECLASSIFICATION OF DOWNWIND NON4 ATTAINMENT AREAS.

5 (a) IN GENERAL.—Section 181(a) of the Clean Air

6 Act is amended by adding the following new paragraph

7 at the end thereof:

8 ‘‘(6)(A) In the case of a downwind nonattainment

9 area impacted by transport of ozone pollution from an
2

•HR 1582 IH

1 upwind area, upon application by the State, the Adminis2 tration shall—

3 ‘‘(i) reclassify the downwind nonattainment

4 area to reflect an adjusted ozone design value which

5 excludes ozone concentrations attributable to trans6 port from an upwind area; and

7 ‘‘(ii) redesignate the downwind nonattainment

8 area as an attainment area if the adjusted ozone de9 sign value (which excludes concentrations attrib10 utable to transport from an upwind area) for the

11 most recent applicable period does not exceed the

12 national ambient air quality standard for ozone.

13 ‘‘(B) For purposes of this paragraph:

14 ‘‘(i) The term ‘downwind nonattainment area’

15 shall mean a nonattainment area where the air en16 tering the area at the upwind boundary already con17 tains ozone or ozone precursors.

18 ‘‘(ii) The term ‘concentration attributable to

19 transport from an upwind area’ shall mean the por20 tion of an ozone concentration in a downwind non21 attainment area which is demonstrated (to the satis22 faction of the Administrator) to have been caused by

23 ozone or ozone precursor emissions from an identi24 fied upwind area.
3

•HR 1582 IH

1 ‘‘(iii) The term ‘upwind area’ shall mean an

2 area emitting ozone precursor emissions that are

3 demonstrated (to the satisfaction of the Adminis4 trator) to be the cause of ozone concentrations

5 measured at a monitoring site in a downwind non6 attainment area.’’.

7 (b) IMPLEMENTATION PLAN REQUIREMENTS.—Sec8 tion 110(a)(2)(D)(i)(I) is amended by inserting ‘‘or any

9 other area within the State’’ after ‘‘any other State’’.

10 (c) EFFECTIVE DATE.—Not later than 1 year after

11 the enactment of this Act, each State shall adopt and sub12 mit a revision of the applicable implementation plan under

13 section 110 of the Clean Air Act to reflect the amend14 ments made by this section.

Æ
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 18, 2008

----

Bank Holding CompaniesCaja de Ahorros y Monte de Piedad de Madrid, Madrid, Spain; Caja Madrid Cibeles S.A.; and CM Florida Holdings, Inc., Coral Gables, Florida  -- to acquire shares of City National Bancshares, Inc., Miami, Florida, and its subsidiary bank, City National Bank of Florida.					-Approved, October 15, 2008 					

EnforcementAlliance Bancshares California, Culver City, California  -- written agreement with the Federal Reserve Bank of San Francisco.					-Announced, October 16, 2008 					AmericasBank, Towson, Maryland  -- written agreement with the Federal Reserve Bank of Richmond and the Maryland Division of Financial Regulation.					-Announced, October 16, 2008 					Irwin Financial Corporation, Columbus, Indiana, and Irwin Union Bank and Trust Company  -- written agreement with the Federal Reserve Bank of Chicago and the Indiana Department of Financial Institutions.					-Announced, October 14, 2008 					

Monetary and Financial PolicyCommercial Paper Funding Facility  -- additional details regarding the CPFF, to be implemented on October 27, 2008, to provide a liquidity backstop to U.S. issuers of commercial paper.					-Announced, October 14, 2008 					Systemic-Risk Exception  -- recommendation to the Secretary of the Treasury to invoke the systemic-risk exception to the Federal Deposit Insurance Act, enabling the Federal Deposit Insurance Corporation to provide certain guarantees.					-Announced, October 14, 2008 					

Regulations And PoliciesCapital Rules  -- interim final rule with request for public comment to allow bank holding companies to include in their tier 1 capital without restriction the senior perpetual preferred stock issued to the Treasury Department under the capital purchase program.					-Announced, October 16, 2008 					

Testimony And StatementsOver-the-Counter Derivatives  -- statement by Patrick Parkinson, deputy director, Division of Research and Statistics, before the House Committee on Agriculture.					-Submitted, October 15, 2008 					

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 23, 2008
#### § 32.40-15 Construction—T/ALL.

All crew spaces are to be constructed and arranged in a manner suitable to the purpose for which they are intended and so that they can be kept in a clean, workable and sanitary condition.
EXHIBIT 23
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
We consent to theincorporation by reference in Registration Statements No. 33-32805, No. 333-02857, No. 333-02859, No. 333-42769,No. 33-32970, No. 333-54958, No. 333-54960 and No. 333-108754 of Zila, Inc. on Form S-8 andRegistration Statements No. 33-46239, No. 333-06019,No. 333-00645, No. 333-31651 and No. 333-43097 of Zila, Inc. on Form S-3 of our report datedOctober 13, 2004 which report expresses an unqualified opinionand includes an explanatory paragraph relating to the change in themethod of accounting for goodwill and other intangible assets toconform to Statement of Financial Accounting Standards No. 142“Goodwill and Other Intangible Assets,” which was effectiveAugust 1, 2002 appearing in this Annual Report on Form 10-K of Zila, Inc. forthe year ended July 31, 2004.
DELOITTE& TOUCHE LLP