alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
LETTER AGREEMENT BETWEEN THE REGISTRANT AND JOSEPH E. CRESCI



 Exhibit 10.89 
  

			
	 [Logo of Environmental Power Corporation]
	 	 Environmental Power Corporation
 One Cate Street, 4th Floor
 Portsmouth, New Hampshire 03801
 Tel. (603) 431-1780
 Fax (603)
431-2650


 December 30, 2005 
 Mr. Joseph E. Cresci 
 c/o Environmental Power Corporation 
 One Cate Street, 4th Floor 
 Portsmouth, NH
03801 
 Dear Joe: 
 The purpose
of this letter is to set forth our understanding regarding certain matters related to your continued employment with, and transition and retirement from your employment with, Environmental Power Corporation (the “Corporation”), as set
forth in that certain letter dated July 13, 2005 (the “Prior Letter”). Capitalized terms used in this letter but not otherwise defined herein shall have the respective meanings ascribed to them in the Prior Letter. 
 1. The Retirement Date, and, therefore, the Transition Period, has been extended to June 30, 2006. During the remainder of the Transition Period, you will provide
such support for the business of Microgy and the Corporation as the Corporation’s Board of Directors or management may reasonably request, consistent with the relocation of your principal residence to Florida and a part-time schedule.

 2. Your salary during the period beginning on January 1, 2006 and continuing through the Retirement Date will be 50% of your current salary, and your
benefits will remain the same as those you currently enjoy. 
 3. The other terms of the Prior Letter remain unaffected hereby, except that the payment of
your full current salary and benefits for the one-year period following the Retirement Date in accordance with paragraph 2 of the Prior Letter, or any severance which becomes payable in accordance with Section 7 of the Prior Letter, shall be
paid at such times and in such manner as you and the Company determine comply with, and will not result in any tax penalty to you under, Section 409A of the Internal Revenue Code. In the event that you desire a particular payment schedule that
would, in the opinion of the Company, trigger such a tax penalty, you agree that (i) any such penalty will be your sole responsibility, and that the Company will have no liability to you therefor and (ii) in no event will the Company be
required to make such payments any more quickly than it would otherwise be required to pursuant to the applicable provisions of the Prior Letter. 
 4. It is
understood that nothing in this letter is intended to affect your status as a member of the Board of Directors of the Corporation. 







 Mr. Joseph E. Cresci 
 December 30, 2005 
 Page 2 
 If the foregoing accurately sets forth your understanding of the agreement between you and the Corporation with
regard to the subject matter of this letter, please so indicate by executing a copy of this letter where indicated below and returning it to me. 
 Very truly yours, 
  

	
	 /s/ Kamlesh R. Tejwani

	Kamlesh R. Tejwani
	President and Chief Executive Officer
	Environmental Power Corporation

 ACCEPTED: 
  

	
	 /s/ Joseph E. Cresci

	Joseph E. Cresci

 Dated: December 30, 2005
-----Original Message----- 

From: tanya.newkirk@millsaps.edu [mailto:tanya.newkirk@millsaps.edu] 

Sent: Saturday, April 24, 2010 8:17 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Tanya Newkirk 

3938 Hawthorne Dr. 

Jackson,, MS 39206
```

[Journal of the House of Representatives, 1995]
[Tuesday, October 17, 1995 (129), Para 129.35 Discharge of Committees]
[Pages 1533-1534]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.129.35  discharge of committees

  Under clause 5 of rule x, the following action was taken by the 
Speaker:

[[Page 1534]]

                      [Submitted October 16, 1995]

       H.R. 2425. The Committees on the Judiciary and Rules 
     discharged from further consideration.

                      [Submitted October 17, 1995]

       H.R. 1508. The Committee on Government Reform and Oversight 
     discharged from further consideration. H.R. 1508 referred to 
     the Committee of the Whole House on the State of the Union.
```
Docket: EBSA-2009-0010 

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

Comment On: EBSA-2009-0010-0409 

Interim Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and 

Addiction Equity Act of 2008 

Document: EBSA-2009-0010-DRAFT-0640 

Comment on FR Doc # 2010-2167 

Submitter Information 

Name: Kara Joanne Boyd 

Address: 

3963 Brushwood Way 

Castle Rock, CO, 80109 

Email: dharmaandsteve@msn.com 

Phone: 303-683-0863 

Organization: Dish Network 

General Comment 

After the Parity legislation was enacted, I called to request a Psychiatrist for my Bi-polar son. 

They laughed. They told me that in order for Parity to work, his company, Echostar, or 

DishNetwork, had to OFFER mental health benefits in order for it to be equal under the law....and 

since they never offered mental health benefits, they were exempt! 

Dish Network has a self-funded plan. They have over 500 employees. 

PUBLIC SUBMISSION

As of: April 30, 2010 

Received: April 30, 2010 

Status: DoNotPost 

Tracking No. 80ae3f13 

Comments Due: May 03, 2010

Submission Type: Web

Page 1 of 1

https://fdms.erulemaking.net/fdms-web-agency/component/submitterInfoCoverPage?Call=... 4/30/2010
#### § 236.807 Signal, interlocking.

A roadway signal which governs movements into or within interlocking limits.
#### § 236.302 Track circuits and route locking.

Track circuits and route locking shall be provided and shall be effective when the first pair of wheels of a locomotive or a car passes a point not more than 13 feet in advance of the signal governing its movement, measured from the center of the mast, or if there is no mast, from the center of the signal.

[49 FR 3385, Jan. 26, 1984]
§ 29.504 What cost principles must a Tribe apply in compacts and funding agreements? ( a ) A Tribe must apply the applicable cost principles of the Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200, except as modified by: ( 1 ) 25 U.S.C. 5325(k), which sets forth certain categories of allowable uses of funds that a Tribe may include in a funding agreement provided that such use supports implementation of a PSFA;
( 2 ) Other provisions of Federal law; or
( 3 ) Any subsequent exemptions granted by the Office of Management and Budget.
( b ) The Department may not require a Tribe to apply other audit or accounting standards.
#### § 233.9 [Reserved]
Editorial Note on Part 192
Editorial Note: Nomenclature changes to part 192 appear at 71 FR 33406, June 9, 2006.

§ 192.363 Service lines: Valve requirements. ( a ) Each service line must have a service-line valve that meets the applicable requirements of subparts B and D of this part. A valve incorporated in a meter bar, that allows the meter to be bypassed, may not be used as a service-line valve.
( b ) A soft seat service line valve may not be used if its ability to control the flow of gas could be adversely affected by exposure to anticipated heat.
( c ) Each service-line valve on a high-pressure service line, installed above ground or in an area where the blowing of gas would be hazardous, must be designed and constructed to minimize the possibility of the removal of the core of the valve with other than specialized tools.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk September 24, 2012

t0917 

# Order

September 24, 2012

145137

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 145137

COA: 308049

Genesee CC: 07

- 020850

- FC

DARTON CLIFFORD REESE

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 8, 2012 order of

the Court of Appeals is considered, and it is DENIED, because the defendant has failed to

meet the burden of establishing entitlement to relief under MCR 6.508(D).
Exhibit 31-1



Certifications

I, James P. Laurito, certify that:

1. I have reviewed this Form 10-K of Rochester Gas and Electric Corporation for the year ended December 31, 2003;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors:

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.



|Date:  March 8, 2004 | /s/James P. Laurito       James P. Laurito
       President
|-------------------- | -----------------------------------------------------------
<PAGE>   1


                                                             EXHIBIT 10.5(a)(2)
                                                             ------------------
                              
               EKCO GROUP, INC. EMPLOYEES' STOCK OWNERSHIP PLAN
                                  AMENDMENT
                              
-------------------------------------------------------------------------------


     WHEREAS, Ekco Group, Inc. ("Ekco") sponsors the Ekco Group, Inc. Employees'
Stock Ownership Plan (the "Plan"); and

     WHEREAS, Ekco has reserved the right to amend the Plan;

     NOW, THEREFORE, the Plan is amended as follows:


The following is added to Section 4.1(c) of the Plan:


     Effective on the date of the collective bargaining agreement, the employer
     has agreed to extend participation to the employees of Woodstream
     Corporation who are covered by the agreement with International Association
     of Machinists and Aerospace Workers District 98.


IN WITNESS WHEREOF, this amendment is executed on May 26, 1995.


                                                Ekco Group, Inc.

                                                by: /s/ NEIL R. GORDON
                                                    ---------------------------
                                                     NEIL R. GORDON
#### Ireland *& a. v.*Drown.

Technical objections relating to matters of form are waived unless insisted upon at the trial; and a report or verdict will not ordinarily be set aside for a formal defect which might have been obviated by amendment, if the objection had been seasonably made.

A report of a referee will not be set aside on account of variance between the declaration and the proof appearing from reported facts, when the objection was not taken at the trial.

Clark, J.

This action is trespass *qu. cl.*for breaking and entering the plaintiffs’ close in Albany, containing about twenty-five acres, described as bounded on the north by land of the plaintiffs known as the Wentworth pasture, on the west by Hale’s Location, and south and east by land supposed to belong to the defendant, and cutting and carrying away wood and lumber. The referees by whom the action was tried find that the plaintiffs were in possession of the land described in the declaration, and were the owners of it, when the trespasses complained of were committed by the defendant, and' assess damages for the plaintiffs, and the defendant files exceptions. As it does not appear that the defendant offered any evidence of title to the land, it is unnecessary to consider any objections urged by the defendant to the sufficiency of the plaintiffs’ title, because possession is sufficient evidence of title to maintain trespass against one showing no title.

Objection is made that the description of the land appearing in the statement of facts reported b}r the referees does not agree, as to the abuttals, with the description in the declaration.. In the declaration the lot is described as bounded west by Hale’s Location, north by the Wentworth pasture, and east and south by the defendant’s land. In the statement ■ of facts, it appears to be bounded *639north by Hale’s Location, east by the Wentworth pasture, and south and west by the defendant’s land. In the declaration, Hale’s Location is described as lying west of the plaintiffs’ land. The referees describe it as lying’ north of it. If it lies north-westerly, it is sufficient. Abuttals described as lying north or south of the plaintiffs’ land are not required to be due north and due south. If an abuttal be assigned toward the west though it be north, if it incline to the west it is sufficient. *Rollins*v. Varney, 22 N. H. 99, 102. The objection is that there was a variance between the declaration and the proof. If this objection would have been valid if made at the proper time, it is now too late to make it. The exception is purely technical, relating to a matter of form and not of substance, and should have been taken at the trial. Exceptions of this character are regarded as waived, unless insisted upon at the proper time, when they may be obviated by amendment; and a report or verdict will not ordinarily be set aside for any merely formal matter, or upon a question not raised at the trial. *McConihe*v. *Sawyer,*12 N. H. 397; *Drew v. Towle,*30 N. H. 631.

*Exceptions overruled.*

Blodgett, J., did not sit: the others concurred.
#### Shinnecock Hills and Peconic Bay Realty Company, Appellant, *v.*Frank E. Aldrich et al., Respondents.

*Shinnecock Hills & P. Bay R. Co.*v. *Aldrich,*132 App. Div. 118, affirmed.

(Argued November 28, 1910;

decided December 13, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1909, affirming a judgment in favor of defendants entered upon a verdict directed by the court and an order denying a motion for a new trial in an action for trespass.

*J. Edward Swanstrom*and *Conrad S. Keyes*for appellant.

*Timothy M. Griffing*and *Thomas Young*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Collin, JJ.
#### Eliza B. Anderson, Respondent, v. Continental Life Insurance Company, Appellant.

Judgment and order affirmed. Opinions by

Daniels and Brady, JJ.,

and by Dayis, P. J.* dissenting.
```

[Journal of the House of Representatives, 1995]
[Thursday, September 21, 1995 (119), Para 119.29 Time Limitation of Referred Bill]
[Page 1449]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.119.29  time limitation of referred bill

  Pursuant to clause 5 of rule X the following action was taken by the 
Speaker:

       H.R. 1815. Referral to the Committee on Resources extended 
     for a period ending not later than September 29, 1995.
```
§ 229.89 Jumpers; cable connections. ( a ) Jumpers and cable connections between locomotives shall be so located and guarded to provide sufficient vertical clearance. They may not hang with one end free.
( b ) Cable and jumper connections between locomotive may not have any of the following conditions: ( 1 ) Broken or badly chafed insulation.
( 2 ) Broken plugs, receptacles or terminals.
( 3 ) Broken or protruding strands of wire.
§ 228.313 Electrical system requirements. ( a ) All heating, cooking, ventilation, air conditioning, and water heating equipment must be installed in accordance with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard.
( b ) All electrical systems installed, including external electrical supply connections, must be compliant with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard.
( c ) Each occupied camp car shall be equipped with or serviced by a safe and working HVAC system.
Exhibit
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 Quarterly Report of Utah Medical Products, Inc. (the
“Company”) on Form 10-Q for the period ending June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Paul O.
Richins, Principal Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge and belief:
 
 (1)
              the
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and
 
 (2)
              the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the
      Company.
 
 
 /s/
Paul O. Richins
 Paul O.
Richins
 Principal
Financial Officer
 August 4,
2009
 
 
 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
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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7351

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DENVER ADE MARTIN,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Salisbury. N. Carlton Tilley, Jr.,

District Judge. (CR-91-256-S, CA-95-4-604)

Submitted: March 13, 1997 Decided: March 19, 1997

Before HALL, ERVIN, and WILKINS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Denver Ade Martin, Appellant Pro Se. Benjamin H. White, Jr.,

Assistant United States Attorney, David Bernard Smith, Assistant

United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. We have reviewed the record and the district

court's opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. United States v. Martin, Nos. CR-91-256-S; CA95-4-604 (M.D.N.C. Aug. 1, 1996). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the decisional process.

DISMISSED
```

[Journal of the House of Representatives, 1995]
[Monday, October 30, 1995 (136), Para 136.15 Waiving Points of Order Against Conference Report on H.R. 1905]
[Page 1800]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.136.15  waiving points of order against conference report on h.r. 
          1905

  Mr. QUILLEN, by direction of the Committee on Rules, reported (Rept. 
No. 104-297) the resolution (H. Res. 248) waiving points of order 
against the conference report to accompany the bill (H.R. 1905) making 
appropriation for energy and water development for the fiscal year 
ending September 30, 1995, and for other purposes.
  When said resolution and report were referred to the House Calendar 
and ordered printed.
```
-----Original Message----- 

From: flavin.peter@gmail.com [mailto:flavin.peter@gmail.com] 

Sent: Thursday, April 29, 2010 2:01 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 29, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Pete Flavin 

417 Hoodridge Dr 

Pittsburgh, PA 15234