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

EMPLOYMENT AGREEMENT

This EMPLOYMENT AGREEMENT (the "Employment Agreement") is made effective as of
November 14, 2009 (the "Effective Date") by and among Cloud Peak Energy Inc., a Delaware corporation (the
"Company") and Colin Marshall (the "Executive").

RECITALS

WHERAS, the Executive currently serves as President and Chief Executive Officer of Rio Tito Energy America Inc., pursuant to an
employment agreement with Rio Tinto London Ltd dated June 1, 2006 (the "Previous Agreement");

WHEREAS,
the Executive possesses skills, experience and knowledge that are of value to the Company; and

WHEREAS,
the Company and the Executive desire to enter into this Employment Agreement in connection with the proposed initial public offering of shares of Cloud Peak Energy Inc.
(the "IPO").

NOW,
THEREFORE, in consideration of the mutual covenants contained herein and other valid consideration the sufficiency of which is acknowledged, the parties hereto agree as follows:

Section 1.Employment.



1

---





Section 2.Compensation.



2

---





Section 3.Employment Termination.



3

---





4

---





5

---



Section 4.Unauthorized Disclosure; Non-Solicitation; Non-Competition; Proprietary
Rights.



6

---







7

---



Section 5.Representations.The Executive represents and warrants that he (i) is not subject to
any contract, arrangement, policy or understanding, or to any statute, governmental rule or regulation, that in any way limits his or its ability to enter into and fully perform his or its obligations
under this Employment Agreement and (ii) is not otherwise unable to enter into and fully perform his or its obligations under this Employment Agreement. The Company represents and warrants that
this Employment Agreement will, by its effective date, have been duly authorized, executed and delivered by the Company.

Section 6.Withholding; Taxes.All amounts paid to the Executive under this Employment Agreement during
or following the Term shall be subject to any required withholding and other employment taxes imposed by applicable law.

Section 7.Miscellaneous.



8

---









9

---





IN
WITNESS WHEREOF, the undersigned have executed this Employment Agreement as of the date first written above.

CLOUD PEAK ENERGY INC./s/ Colin Marshall

By:

/s/ Michael C. BarrettColin Marshall



Name: Michael C. BarrettTitle: Chief Financial Officer


10

---



QuickLinks
February 23, 1955

No. 58788.

Suits 4822 and 4824.

#### United States *v.*The Crosse & Blackwell Company and The Crosse & Blackwell Company *v.*United States.

C. D. 1607 affirmed December 21,

1954. C. A. D. 579.
**EXHIBIT 31.1****CERTIFICATION**I, Carl F. Dill, Jr., the Chief Executive Officer of Technology Solutions Company, certifythat:1. I have reviewed this quarterly report on Form 10-Q of Technology Solutions Company; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a. designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b. evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  c. disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a. all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.       Date: August 14, 2006 By: /s/ CARL F. DILL, JR.             Carl F. Dill, Jr.      Chief Executive Officer
Case No. 8,282.

#### LETOURNO v. RINGGOLD.

[3 Cranch, C. C. 103.] 1

Circuit Court, District of Columbia.

May Term, 1827.

Trust — Effect of Deed of Trust as between Preferred and Generad Creditors.

A deed conveying, in trust, to secure certain creditors, certain specified articles of personal property, does not protect from the general creditors, articles purchased to supply the place of articles sold by the trustee; unless so stipulated in the deed of trust

Replevin, for goods taken in execution by the defendant [Tench Ringgold], as marshal of the District of Columbia, at the suit of a creditor of Joseph Letourno. Joseph, the debtor, was also indebted to his brother Clement, the plaintiff in this cause; and to secure that debt, conveyed to one Elijah White, by a deed of bargain and sale, dated on the 25th of February, 1825, all his household furniture and stock in trade, as a tavern-keeper, (a particular schedule of which was annexed to the deed,) in trust to permit Joseph to remain in possession and to use them until the execution of the trust; and providing that White should preserve the property for the purpose of securing the payment of $1363.50 due to Clement Le-tourno, the plaintiff, within a year from the date of the deed; after which he was, on demand, to deliver up the property to Clement, to be sold in discharge of that debt, if it should not have been before paid. And by a second deed, dated October 18, 1825, reciting that part of the goods, mentioned in the schedule, had been sold and other goods substituted, conveyed to the said White upon the same trusts, the goods, stock in trade, &e., then in the house, (other than those contained in the schedule annexed to the former deed;) and also such as might thereafter, before the extinguishment of the debt to Clement, ‘he purchased or procured out of the profits or proceeds of the same, or for the purpose of replacing any of the goods, wares, merchandise, stock in trade, furniture, or other articles now in the house; or for carrying on the business of the said Joseph Letourno.”

The defendant’s counsel prayed THE COURT to instruct the jury, that the deed did not convey the after-acquired property.

But

THE COURT

instructed the jury that the deed of the 18th of October, if not otherwise fraudulent, protected the goods purchased, since the date of the last deed, out of the profits or proceeds of the goods which had been acquired between the dates of the two deeds; but not such as may have been purchased since the date of the last deed, out of the proceeds or profits of the goods conveyed by the first deed, and sold since the date of the last deed. See the case of Wagner v. Watts [Case No. 17,040], at June term, j.o19, in this court Verdict for the defendant
[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Page 72208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23063]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #18016 and #18017; Vermont Disaster Number VT-
00046]


Presidential Declaration Amendment of a Major Disaster for the 
State of Vermont

AGENCY: Small Business Administration.

ACTION: Amendment 7.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Vermont (FEMA-4720-DR), dated 07/14/
2023.
    Incident: Severe Storms, Flooding, Landslides, and Mudslides.
    Incident Period: 07/07/2023 through 07/21/2023.

DATES: Issued on 10/10/2023.
    Physical Loan Application Deadline Date: 10/31/2023.
    Economic Injury (EIDL) Loan Application Deadline Date: 04/15/2024.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster 
Recovery & Resilience, U.S. Small Business Administration, 409 3rd 
Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for the State of Vermont, dated 07/14/2023, is hereby 
amended to extend the deadline for filing applications for physical 
damages as a result of this disaster to 10/31/2023.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Francisco S[aacute]nchez, Jr.,
Associate Administrator, Office of Disaster Recovery & Resilience.
[FR Doc. 2023-23063 Filed 10-18-23; 8:45 am]
BILLING CODE 8026-09-P
<PAGE>   1
 
                                                                    EXHIBIT 23.2
 
               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS
 
     We consent to the reference to our firm under the captions "Experts" and
"Selected Consolidated Financial Data" and to the incorporation by reference in
the Registration Statement (Form S-3) of Medicis Pharmaceutical Corporation and
in the related Prospectus for the registration of 3,450,000 shares of its Class
A common stock of our report dated August 1, 1997, with respect to the
consolidated financial statements of Medicis Pharmaceutical Corporation included
in its Annual Report (Form 10-K) for the year ended June 30, 1997.
 
                                          /s/ ERNST & YOUNG LLP
 
Phoenix, Arizona
January 11, 1998
III

105TH CONGRESS

1ST SESSION S. RES. 60

To commend students who have participated in the William Randolph Hearst

Foundation Senate Youth Program between 1962 and 1997.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 1997

Ms. COLLINS (for herself, Mr. WYDEN, and Mrs. HUTCHISON) submitted the

following resolution; which was referred to the Committee on the Judiciary

RESOLUTION

To commend students who have participated in the William

Randolph Hearst Foundation Senate Youth Program between 1962 and 1997.

Whereas the continued success of our Nation’s constitutional

democracy is dependent upon our Nation’s youth striving

toward higher goals;

Whereas a student’s intelligence, determination, perseverance

and continued interest in the workings of our Nation’s

political processes must be nurtured and encouraged;

Whereas the pursuit of higher education, and participation

and interest in the political processes, remain priorities of

young citizens around our Nation; and

Whereas the United States Senate and the William Randolph

Hearst Foundation Senate Youth Program have provided
2

•SRES 60 IS

high school juniors and seniors who are leaders in education and student government, as well as in their communities, with the opportunity to travel to their Nation’s

capital and witness the political process, supported solely

by private funds with no expense to the Federal Government since the program’s inception in 1962: Now, therefore, be it

1 Resolved, That the Senate hereby congratulate,

2 honor, and pay tribute to the 3,600 exemplary students

3 who have been selected, on their merit, to participate in

4 the William Randolph Hearst Foundation Senate Youth

5 Program between 1962 and 1997.

Æ
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MARVIN A. FREEMAN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D19-2210

[October 24, 2019]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; Glenn D. Kelley, Judge; 

L.T. Case No. 1983CF001374AMB.

Marvin A. Freeman, Cross City, pro se.

No appearance filed for appellee.

PER CURIAM.

Affirmed.

LEVINE, C.J., GROSS and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**Certification**

I, Frederick Graham, Chief Executive Officer, Chief Financial Officer andChairman of the Board of Toro Ventures Inc. (the "Company"), certify that:

1.    I have reviewed this annual report on Form10-KSB of the Company.

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

3.    Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the small business issuer as of, and for, the periodspresented in this report;

4.    The Company's other certifying officer(s) andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for theCompany and have:

    a.    designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material information relating tothe Registrant, including its consolidated subsidiaries, is made known to us byother within those entities, particularly during the period in which thisquarterly report is being prepared;

    b.    (paragraph omitted pursuantto SEC Release Nos. 33-8238 and 34-47986;)

    c.    evaluated the effectivenessof the Company's disclosure controls and procedures and presented in thisquarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this quarterlyreport based on such evaluation; and

    d.    disclosed in this quarterlyreport any change in the Company's internal control over financial reportingthat occurred during the Company's most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the Company'sinternal control over financial reporting ; and

5.    The Company's other certifying officers and Ihave disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the Company's auditors and the audit committee of theCompany's board of directors (or persons performing the equivalent functions):

    a.    all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affectthe Company's ability to record, process, summarize and report financialinformation; and

    b.    any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the Company's internal control over financial reporting.

 

 

/s/ "Frederick Graham"

Frederick Graham

Chief Executive Officer, Chief Financial OFfficer andChairman of the Board

(Principal Executive Officer)

September 26, 2008
# Official Journal C 244/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 244 |
| | |
| English edition | Information and Notices | Volume 6324 July 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 244

English edition

Information and Notices

Volume 6324 July 2020

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 244/01 | Euro exchange rates — 23 July 2020 | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 244/01

Euro exchange rates — 23 July 2020

1

---

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2020/C 244/02 | Publication of an application for approval of amendments, which are not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 2 |

V   Announcements

OTHER ACTS

European Commission

2020/C 244/02

Publication of an application for approval of amendments, which are not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

2

---

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-START>                             NOV-01-1997
<PERIOD-END>                               OCT-31-1998
<CASH>                                       1,704,400
<SECURITIES>                                         0
<RECEIVABLES>                                2,064,146
<ALLOWANCES>                                    72,086
<INVENTORY>                                    763,654
<CURRENT-ASSETS>                             4,629,936
<PP&E>                                       5,401,259
<DEPRECIATION>                               1,345,751
<TOTAL-ASSETS>                              10,894,259
<CURRENT-LIABILITIES>                        3,301,005
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        20,352
<OTHER-SE>                                   7,555,377
<TOTAL-LIABILITY-AND-EQUITY>                10,894,259
<SALES>                                      2,654,496
<TOTAL-REVENUES>                             6,653,904
<CGS>                                        7,259,015
<TOTAL-COSTS>                               18,019,974
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (127,225)
<INCOME-PRETAX>                            (9,242,405)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,242,405)
<EPS-PRIMARY>                                    (.49)
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997 
<PERIOD-START>                                 JAN-01-1997 
<PERIOD-END>                                   MAR-31-1997 
<CASH>                                         21,248
<SECURITIES>                                   0
<RECEIVABLES>                                  8,571
<ALLOWANCES>                                   2,000
<INVENTORY>                                    0
<CURRENT-ASSETS>                               27,819
<PP&E>                                         490,704
<DEPRECIATION>                                 460,191
<TOTAL-ASSETS>                                 62,764
<CURRENT-LIABILITIES>                          548,909
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    3,152
<COMMON>                                       17,786
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   62,764
<SALES>                                        20,054
<TOTAL-REVENUES>                               261,721
<CGS>                                          10,795
<TOTAL-COSTS>                                  51,727
<OTHER-EXPENSES>                               265,089
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1,725
<INCOME-PRETAX>                                (55,095)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (55,095)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                4,739
<CHANGES>                                      0
<NET-INCOME>                                   (52,081)
<EPS-PRIMARY>                                  (.03)
<EPS-DILUTED>                                  (.03)
        

</TABLE>
Before the First Division,

April 12, 1956

No. 59834.

#### S. Nathan & Co., Inc. *v.*United States,

protest 236472-K (New York).

Opinion by

Oliver, C. J.

In accordance with oral stipulation of counsel that at the time the merchandise in question was exported from Czechoslovakia “the Presidential Proclamation, T. D. 52837, withdrawing reduced rates of duty on articles the growth, produce or manufacture of Czechoslovakia had not been promulgated” and that the garnets in question are subject to the reduced rate of duty under paragraph 1528, as modified, *supra,*the claim of the plaintiff was sustained.
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2007-5171 

PRAECOMM, INC., 

 Plaintiff-Appellant, 

v. 

UNITED STATES, 

 

Defendant-Appellee. 

L. James D’Agostino, Greenberg Traurig, LLP, of McLean, Virginia, argued for 

plaintiff-appellant. With him on the brief was Joseph J. Summerill, IV, of Washington, DC. 

Of counsel was David P. Goodwin, of Washington, DC. 

Gregg MJ. Schwind, Trial Attorney, Commercial Litigation Branch, Civil Division, 

United States Department of Justice, of Washington, DC, argued for defendant-appellee. 

With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. 

Davidson, Director, and Brian M. Simkin, Assistant Director. 

Appealed from: United States Court of Federal Claims 

Judge Charles F. Lettow 
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2007-5171 

PRAECOMM, INC., 

 Plaintiff-Appellant, 

v. 

UNITED STATES, 

Defendant-Appellee. 

Judgment 

ON APPEAL from the United States Court of Federal Claims 

In CASE NO(S). 06-CV-054. 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

Per Curiam (RADER, LINN, and MOORE, Circuit Judges). 

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

DATED: _October 14, 2008__ / s / Jan Horbaly

 Jan Horbaly, Clerk