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












LIMELIGHT NETWORKS, INC.


SECOND AMENDMENT TO EMPLOYMENT AGREEMENT


This Second Amendment to the Employment Agreement (the “Amendment”) is made effective as of February 23, 2016 (the “Effective Date”), by and between Limelight Networks, Inc. (the “Company”) and Michael DiSanto (the “Executive”). 
RECITALS
A.The Company and Executive entered into that certain Employment Agreement dated as of April 1, 2015 and the First Amendment to the Employment Agreement dated as of June 18, 2015 (collectively, the “Agreement”); and 
B.The Company and Executive desire to amend the Agreement to modify certain existing aspects of Executive’s employment with the Company.  Defined terms used in this Amendment identified with an initial capital letter have the meaning given such terms in the Agreement.


NOW, THEREFORE, the Company and Executive agree that in consideration of the foregoing and the promises and covenants contained herein, the parties agree as follows:


AGREEMENT
1.     Severance. Section 7(b) of the Agreement is modified to read in its entirety as follows:
(b)    Termination Without Cause or Resignation for Good Reason in Connection with a Change of Control.  If Executive’s employment is terminated by the Company without Cause or Executive terminates voluntarily for Good Reason and the termination is in Connection with a Change of Control, then, subject to Section 8, Executive will receive: (i) continued payment of Executive’s Base Salary for the year in which the termination occurs (subject to applicable tax withholdings), for twenty four (24) months, such amounts to be paid in accordance with the Company’s normal payroll policies; (ii) the payment in an amount equal to 200% of Executive’s Target Annual Incentive for the year in which the termination occurs (subject to applicable tax withholdings), such amounts to be paid in accordance with the Company’s normal payroll policies over the course of twenty four (24) months; (iii) 100% of Executive’s then outstanding unvested Equity Awards will vest, and (iv) reimbursement for premiums paid for continued health benefits for Executive (and any eligible dependents) under the Company’s health plans until the earlier of (A) twelve (12) months, payable when such premiums are due (provided Executive validly elects to continue coverage under COBRA), or (B) the date upon which Executive and Executive’s eligible dependents become covered under similar plans.


		
	2.
	Full Force and Effect.  To the extent not expressly amended hereby, the Agreement remains in full force and effect.


IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to be executed as of the date first set forth above. 
		
	MICHAEL D. DISANTO
	LIMELIGHT NETWORKS, INC.


  /s/ Michael D. DiSanto          /s/ Robert A. Lento        
Signature    Signature 
Michael D. DiSanto        Robert A. Lento    
Executive    Chief Executive Officer    
    


March 1, 2016                              March 1, 2016                      
Date                            Date 


1
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41687

UNITED STATES OF AMERICA, 

 Plaintiff – Appellee,

v.

LUGARDO VAZQUEZ-HERNANDEZ, 

 Defendant – Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:15-CR-507-1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:*

Lugardo Vazquez-Hernandez raised in this appeal a challenge to the 

assessment of a Sentencing Guideline enhancement based on the classification 

of his prior Texas conviction as an aggravated felony. Vazquez-Hernandez has 

been released from imprisonment and no longer wishes to pursue challenge to 

 

* Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion 

should not be published and is not precedent except under the limited circumstances set forth 

in Fifth Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 10, 2018

Lyle W. Cayce

Clerk

 Case: 15-41687 Document: 00514595086 Page: 1 Date Filed: 08/10/2018
No. 15-41687

2

his term of imprisonment or Sentencing Guideline calculation. Accordingly, 

we DISMISS his appeal as to these issues.

Vazquez-Hernandez does assert that the district court’s judgment should 

reflect that he was convicted and sentenced under 8 U.S.C. § 1326(b)(1) rather 

than (b)(2). We REMAND to the district court for the limited purpose of 

entering a corrected judgment to reflect a conviction and sentence under 8 

U.S.C. § 1326(b)(1). See, e.g., United States v. Gonzalez-Longoria, 894 F.3d 

1274, 1274 (5th Cir. 2018). There being no further issues pending before the 

court, we do not retain jurisdiction. Mandate to issue forthwith. 

 Case: 15-41687 Document: 00514595086 Page: 2 Date Filed: 08/10/2018
From: crafie@vcu.edu

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 1:01:48 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Carlin Rafie

Chester, VA 23836
From: A Politzer

To: E-OHPSCA2713.EBSA

Subject: Support Access to Preventive Care and Contraception

Date: Thursday, August 11, 2011 3:20:35 PM

I join with the American Association of University Women (AAUW) in asking you to accept the

recommendations of the Institute of Medicine as pertain to coverage of preventive care under the new

health care law, and to reject any exemptions for “religious employers.” These preventive services are a

critical element of the new law and would provide countless women better access to necessary health

care.

While AAUW believes that “religious refusal” exemptions unjustly deny women access to contraceptive

services, others, driven by an ideological distaste for all contraceptive services, are pushing the

government to make exemptions even larger. Indeed, some groups are pushing for the exemption to

apply to religiously-run health providers, so hospitals with religious affiliations would be exempt from

the coverage requirement, even though they employ people of all faiths and ideologies. If granted, this

larger exemption would deny access to thousands of women just because of where they work.

I urge you to ensure women have access to quality preventive care by accepting IOM’s

recommendations and rejecting the proposed religious refusal exemption provisions.
S. 1226

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

An Act

To require the display of the POW/MIA flag at the World War II Memorial, the

Korean War Veterans Memorial, and the Vietnam Veterans Memorial.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘POW/MIA Memorial Flag Act

of 2002’’.

SEC. 2. DISPLAY OF POW/MIA FLAG AT WORLD WAR II MEMORIAL,

KOREAN WAR MEMORIAL, AND VIETNAM VETERANS MEMORIAL.

(a) REQUIREMENT FOR DISPLAY.—Subsection (d)(3) of section

902 of title 36, United States Code, is amended by striking ‘‘The

Korean War Veterans Memorial and the Vietnam Veterans Memorial’’ and inserting ‘‘The World War II Memorial, the Korean War

Veterans Memorial, and the Vietnam Veterans Memorial’’.

(b) DAYS FOR DISPLAY.—Subsection (c)(2) of that section is

amended—

(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and

(2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):

‘‘(A) in the case of display at the World War II Memorial,

Korean War Veterans Memorial, and Vietnam Veterans Memorial (required by subsection (d)(3) of this section), any day

on which the United States flag is displayed;’’.
S. 1226—2

(c) DISPLAY ON EXISTING FLAGPOLE.—No element of the United

States Government may construe the amendments made by this

section as requiring the acquisition of erection of a new or additional

flagpole for purposes of the display of the POW/MIA flag.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>



<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements for year ended June 30, 1993 which statement is dated May
24, 1997 by Michael B. Johnson & Co.
</LEGEND>
       
<S>                                         <C>
<PERIOD-TYPE>                               12-MOS
<FISCAL-YEAR-END>                          JUN-30-1993
<PERIOD-END>                               JUN-30-1993
<CASH>                                             100
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   100
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     100
<CURRENT-LIABILITIES>                           27,055
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,825
<OTHER-SE>                                      65,707
<TOTAL-LIABILITY-AND-EQUITY>                  (26,955)
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### Metropolitan Trust Company of the City of New York, Respondent, *v.*Alfred Skitt, Appellant.

*Metropolitan Trust Co. of N. T. Cityy.*Skitt, 139 App. Div. 928 affirmed.

(Argued April 1, 1912;

decided April 30, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 1, 1910, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court in an action on a contract of guaranty.

*Herbert Noble*for appellant.

*Austen G. Fox*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.
<PAGE>
                                                                   EXHIBIT 3.1.1
                            CERTIFICATE OF RETIREMENT

                                       OF

                                 PREFERRED STOCK

                        (18 Okla. St. Ann. Section 1078)


     We, the undersigned Vice President and Assistant Secretary of Dobson
Communications Corporation, an Oklahoma corporation, pursuant to Section 78 of
the Oklahoma General Corporation Act, do hereby certify that:

     1.   Dobson Communications Corporation (the "Corporation") has acquired
          40,287 shares of its 12 1/4% Senior Exchangeable Preferred Stock (the
          12 1/4% Preferred Shares") and 68,728 shares of its 13% Senior
          Exchangeable Preferred Stock due 2009 (the "13% Preferred Shares" and,
          together with the 12 1/4% Preferred Shares, the "Subject Shares"), all
          of which are issued but not outstanding.

     2.   The Corporation's Certificate of Incorporation prohibits the
          reissuance of the 12 1/4% Preferred Shares as part of the Series
          designated as the 12 1/4% Senior Exchangeable Preferred Stock.

     3.   The Corporation's Certificate of Incorporation prohibits the
          reissuance of the 13% Preferred Shares as part of the Series
          designated as the 13% Senior Exchangeable Preferred Stock due 2009.

     4.   By action duly taken by its Board of Directors pursuant to Section 78
          of the Oklahoma General Corporation Act, the Corporation has retired
          the Subject Shares and the Subject Shares have become part of the
          authorized but unissued shares of preferred stock of the Corporation,
          undesignated as to Series.

     IN WITNESS WHEREOF, the undersigned have executed this Certificate of
Retirement of Preferred Stock as Vice President and Assistant Secretary of
Dobson Communications Corporation as of January 7, 2003.




                         /s/  RONALD L. RIPLEY
                         -------------------
                         Ronald L. Ripley, Vice President



                         /s/  TRENT LEFORCE
                         ----------------------------
                         Trent LeForce, Assistant Secretary
## U.S. EPA Contaminated Site Cleanup Information (CLU-IN)

      - Technologies
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*Technology News and Trends*

##### Archives

### Search
From: Jay M. Smith

To: E-OHPSCA1251.EBSA

Subject: health plan...need assistance

Date: Saturday, June 19, 2010 3:44:49 AM

Rather than reduce benefits, my company (over 19+ years of service) is FORCING me and my family to

go without medical / hospital coverage using a series of calculated and carefully orchestrated methods

of "purging my family" from the workplace (NOT for cause) and thus our insurance (medical & dental for

which we have paid for over 20 years under group rates).

Instead of changing the GROUP policy, I was place on a 'leave of absence.' with an expiry date of

October 2010. At that time, we are eligible for COBRA......but if we accept this, then we can NOT pay

our other obligations.

This is a tactic that Gulf Power / Southern Company has used to get rid of baby boomers, without just

cause, because they are self insured. Statistically, older employees are likely to need increasing medical

care; and Rx as a doctor prescribes.

The make up of the employee based for the investor owned utility (electricity) company does NOT

reflect the demographics of the population that they serve with electricity.

There is no relief, as the power company has deep pockets but short arms.

NINE attorneys in our area would NOT accept an ADA or suit filing; because the power company is a

maker of rules that they choose, through effective lobbying and PAC contributions.

We are ONE phone call away from bankruptcy, should my wife require ANY type of surgery.

Because the power company is 'self' insured, it is blantently obvious what has occured.

It is a losing battle, with no assistance from government / judicial system as employers have the laws all

written to benefit them...and never an individual. It sucks.

What can DOL, or other agency / department do to help us keep some form of afforable insurance?

We will NOT make it until 2014 with no medical care.

My wife and I cry daily, and are wrought with anxiety in the worst economy since the great depression.

Respectfully submitted.......busyinthefield@yahoo.com
<PAGE> 23
                                                               Exhibit 99.1


Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549



                           Re:  BEC Energy
                                Registration on
                                Forms S-3 and S-8



We are aware that our report dated October 22, 1998 on our review of the
interim financial information of BEC Energy (BEC) for the period ended
September 30, 1998 and included in this Form 10-Q is incorporated by reference
in BEC's registration statements on Form S-3 (File No. 33-59693) and on Form
S-8 (File Nos. 33-58457, 33-59662, 33-59682 and 333-30975-99).  Pursuant to
Rule 436(c) under the Securities Act of 1933, this report should not be
considered a part of the registration statements prepared or certified by us
within the meaning of Sections 7 and 11 of that Act.





Boston, Massachusetts               PricewaterhouseCoopers LLP
October 22, 1998
From: Solar@gci.net

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 1:10:12 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Steve Harbottle

Anchorage, AK 99518
EXHIBIT (10)(A)



 EXHIBIT 10(a) 

Consent of Independent Registered Public Accounting Firm 







 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We hereby consent to the use in this Registration Statement on Form N-4 of our report dated April 27, 2016, relating to the financial statements of Separate
Account VA BNY and to the use of our report dated April 27, 2016, relating to the financial statements of Transamerica Financial Life Insurance Company, which appear in such Registration Statement. We also consent to the reference to us under
the heading “Independent Registered Public Accounting Firm” in such Registration Statement. 
 /s/ PricewaterhouseCoopers LLP 

Chicago, Illinois 
 April 28, 2016 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of
Additional Information and to the use of our report dated February 6, 2015, with respect to the statutory-basis financial statements and schedules of Transamerica Financial Life Insurance Company included in the Post-Effective Amendment
No. 43 to the Registration Statement (Form N-4, No. 33-83560) and related Prospectus of Transamerica Landmark NY Variable Annuity. 

/s/ Ernst & Young LLP 
 Des Moines, IA

 April 28, 2016