alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
QuickLinks
 -- Click here to rapidly navigate through this document

 
 

Exhibit 10.61    
    


[AspenTechnology Letterhead/Logo]  


August 18,
2003 


Stephen
J. Doyle

General Counsel 


Dear
Steve: 


This
letter amendment references the letter agreement between you and AspenTech dated June 24, 2003 (the "Agreement") regarding your FY04 Executive Compensation Plan. Under the terms of the
Agreement, AspenTech agreed that it would grant you an option to purchase the number of shares of AspenTech common stock specified in the Agreement, contingent upon stockholder approval of the Advent
transaction (the "Option"). As you know, the Advent transaction was approved by AspenTech stockholders and closed on August 14, 2003. 


AspenTech
acknowledges that you have voluntarily agreed to reduce the number of shares subject to the Option to which you were entitled in order to make more options available for the general employee
option pool. You hereby confirm, by execution of this letter amendment, that the option granted to you on August 18, 2003 for 255,053 shares of AspenTech common stock constitutes full
satisfaction of AspenTech's obligations under the Agreement to grant the Option and that the terms of the Agreement do not entitle you to any additional stock option grants. All other terms of the
Agreement, including those contingent upon the closing of the Advent transaction, remain in full force and effect. 



	Best regards,	 	 	 	 
	

/s/  HELEN MOYE      	
 	

/s/  STEPHEN J. DOYLE      	
 	

Sept. 26, 2003
	
	 	
	 	

	Helen Moye	 	Stephen J. Doyle	 	Date
	Sr. VP Human Resources

Aspen Technology, Inc.	 	General Counsel	 	 











QuickLinks



Exhibit 10.61
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-1189

MICHAEL T. MASUOKA,

Plaintiff - Appellant,

versus

G. W. MURPHY CONSTRUCTION COMPANY,

INCORPORATED; 1-5 JOHN DOES, Entities; JANE

DOES, 1-5 Entities; DOES CORPORATION, 1-5

entities; DOES PARTNERSHIP, 1-5 Entities; JOHN

DOES, 1-5 Governmental Entities; JANE DOES, 1-

5 Governmental Entities,

Defendants - Appellees,

versus

ARGONAUT INSURANCE COMPANY, INC.; KENNETH T.

GOYA, Insurance Agent,

Defendants.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Senior

District Judge. (CA-00-829-AM)

Submitted: April 11, 2002 Decided: July 8, 2002

Before WILKINS and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.
2

Affirmed by unpublished per curiam opinion.

Michael T. Masuoka, Appellant Pro Se. Mark David Crawford,

FRIEDLANDER, MISLER, FRIEDLANDER, SLOAN & HERZ, Washington, D.C.,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Michael T. Masuoka appeals the district court’s order denying

his “motion for independent action to vacate and set aside the

judgments filed on February 14th and 21st.” We have reviewed the

record and the district court’s order and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Masuoka v. G.W. Murphy Construction Co., No. CA-00-829-AM (E.D. Va.

Jan. 9, 2002). 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.

AFFIRMED
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                         INDEPENDENT AUDITORS' CONSENT
 
   
     We consent to the use in this Amendment No 4 to Registration Statement No.
333-55917 of SuperShuttle International, Inc. on Form S-1 of our report on the
financial statements of SuperShuttle International, Inc. dated December 2, 1997
(March 31, 1998 with respect to certain information in Note 1 and July 10, 1998
as to Note 11), which expresses an unqualified opinion and includes an
explanatory paragraph relating to the restatement described in Note 11, our
report on the financial statements of Preferred Transportation, Inc. dba
SuperShuttle Orange County dated March 20, 1998, our report on the financial
statements of Tamarack Transportation, Inc. dba SuperShuttle Los Angeles dated
March 23, 1998, our report on the financial statements of Southern Shuttle
Services, Inc. dated March 17, 1998, and our report on the combined financial
statements of AAA Wheelchair Wagon Services, Inc. and Limousines of South
Florida, Inc., dated March 17, 1998, all appearing in the Prospectus, which is
part of such Registration Statement. The Financial Statements of SuperShuttle
International, Inc. for the year ended September 30, 1995 were audited by other
auditors.
    
 
     We also consent to the reference to us under the headings "Selected
Consolidated Financial Data" and "Experts" in such Prospectus.
 
Phoenix, Arizona
   
August 10, 1998
No. 63966.

protests 59/22984 and 59/24542 (New York).

#### Traders Service Corporation and Gehrig, Hoban & Co., Inc. *v.*United States,

Opinion by

Oliver, C. J.

The protests were dismissed.
* Pursuant to Local 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30825 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus GLENDA D. SIMMONS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana

USDC No. 96-CR-5-B-M2

- - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM: * Glenda D. Simmons appeals her sentence following a guilty plea conviction for making false claims for federal income tax refunds in violation of 18 U.S.C. §§ 2, 287. Simmons contends that the district court abused its discretion when it upwardly departed from the applicable sentencing guidelines range. The district court adequately articulated its reasons for arriving at its final sentence by discussing the seriousness of Simmons’No. 96-30825 - 2 - prior convictions and its opinion that the applicable Criminal History Category did not adequately reflect the seriousness and extent of her past crimes. See United States v. Daughenbaugh , 49 F.3d 171, 175 (5th Cir.), cert. denied , 116 S. Ct. 258 (1995); United States v. Lambert , 984 F.2d 658, 662 (5th Cir. 1983)(en banc). Since the district court offered acceptable reasons for the departure and the departure was reasonable in light of the circumstances, there was no abuse of discretion. See Lambert , 984 F.2d at 663. As no abuse of discretion has been shown, the district court’s upward departure is AFFIRMED. See Daughenbaugh , 49 F.3d at 175.
AFFIRMED.
Exhibit 10(cr)


                                 FIRST AMENDMENT
                             OF CONSULTING AGREEMENT
                            DATED SEPTEMBER 30, 2002
                                     BETWEEN
                                 NCT GROUP, INC.
                                       AND
                              ACME ASSOCIATES, INC.


     WHEREAS,  a Consulting  Agreement was entered into between NCT Group,  Inc.
(hereinafter   referred  to  as  the  "Company")  and  Acme   Associates,   Inc.
(hereinafter referred to as "Consultant") which commenced on September 30, 2002;
and

     WHEREAS,  it is the  desire  of the  parties  hereto  to  amend  the  above
agreement because of substantial  additional  consulting services to be provided
internationally.

     NOW THEREFORE, in consideration of the mutual promises contained herein, it
is agreed as follows:

     1. Paragraph 5, Equity for Services: the contents of the paragraph shall be
amended to add the following:

          "The Company hereby grants the consultant an additional  five year (5)
          stock option in the Company's  common stock for  25,000,000  shares of
          the Company's common stock at the price per share of $.0312, which was
          the closing price as of July 14, 2003. The foregoing options will vest
          immediately  and  will be part of the  Stock  Option  Agreement  to be
          created by the  Company.  The shares  underlying  this  option will be
          registered by the Company with the next  registration  statement filed
          by the  Company.  This  option  has  been  approved  by the  Board  of
          Directors.  All previous  options as amended  shall  continue to be in
          full force and effect."

                                       1
<PAGE>


     2. All other terms and  conditions of the Consulting  Agreement,  except as
modified herein, are hereby ratified, confirmed and are in full force and effect
between the parties.


                               AGREED & ACCEPTED:


NCT GROUP, INC.                                   ACME ASSOCIATES, INC.
                                                  Consultant




/s/   Michael J. Parella                          /s/  Morton Salkind
----------------------------------------          ------------------------------
  By: Michael J. Parrella, Chairman/CEO            By: Morton Salkind, President


Dated:  July 14, 2003


                                       2
No. 62373.

#### Pennsylvania Textile Corp. *v.*United States,

protest 171443-K (Los Angeles).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of silk scarves or squares similar in all material respects to those the subject of *United States*v. *The Specialty House, Inc., Bryant & Heffernan, Inc., et al.*(42 C. C. P. A. 136, C. A. D. 585), the claim of the plaintiff was sustained.
# L_2022295EN.01005601.xml

| 16.11.2022 | EN | Official Journal of the European Union | L 295/56 |
| --- | --- | --- | --- |

16.11.2022

EN

Official Journal of the European Union

L 295/56

---

Corrigendum to Commission Implementing Regulation (EU) 2022/2127 of 4 November 2022 granting a Union authorisation for the biocidal product family ‘Ecolab UA BPF 1-Propanol’ in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council

(
  Official Journal of the European Union L 285 of 7 November 2022
  )

On page 13, in the Annex, Part II, Table 1, last row:

for:

| ‘Pack sizes and packaging material | 100-20 000 l HEDP bottle, jerry can.’ |
| --- | --- |

‘Pack sizes and packaging material

100-20 000 l HEDP bottle, jerry can.’

read:

| ‘Pack sizes and packaging material | 100-20 000 ml HEDP bottle, jerry can.’ |
| --- | --- |

‘Pack sizes and packaging material

100-20 000 ml HEDP bottle, jerry can.’

---
FERC Telework Tip Sheet

Connect.ferc.gov has your Telework Links outside the FERC network What Should I expect when I am Teleworking?

Available Services

• Email and Calendar services

• FERCollaborate, network drives, and applications which access 

network resources (ATMS, Virtual Agenda, WebTA, etc.)

• Collaborative, conferencing and meeting services

• FERC Service Desk email

Impacted Services

• Initial contact to FERC Online, IT Support and LMD Helpdesk 

will be via email. Incoming phone calls to each helpline will go 

to voicemail

• Face to face meetings may need to be changed to Skype or 

WebEx meetings

• Processes using printed documents may need to have a 

FERCollaborate or other digital replacement

• Any service where technicians need to be physically present 

will be provided via appointment.

Telework Training

(need network/VPNaccess to use)

Overall Telework

Best Practices for Telework

VPN Training

VPN User Guide

Phone Training

Forwarding your phone

Checking your Voicemail

Email.ferc.gov Training

Mail Features in Outlook Web App

Calendar Overview

Working with multiple calendars

Skype for Business Training (Meetings 2-75 people, recommended)

Skype for Business overview

Resolving Audio Issues with Skype

Skype Users Guide

Sharing your Screens in Skype

Using Instant Messaging

Share and Schedule Meetings

WebEx Training (Meetings 3-75 people, only for external callers)

WebEx Guidelines

WebEx Quick Tips

Hosting a Web-Ex Meeting

Scheduling a Web-Ex Meeting

Update a Web-Ex meeting

Sharing on a Web-Ex Meeting

Audio and Video on a Web-Ex Meeting

Muting Attendees on a Web-Ex Meeting

Quick Reference Guide –Hosting a WebEx Meeting

Quick Reference Guide –Sharing Content in WebEx Meetings

The IT Support Center will be available to help you via email: mailto:IT-SupportCenter@ferc.gov. Technicians will respond via Skype, Phone or Email. 

Steps for 

 Connecting to the FERC VPN

1. Click on the VPN link at Connect.FERC.gov or the icon on 

your taskbar 

2. Select your Certificate and click on OK

3. Type in your PIN

Telework Checklist

Follow all instructions provided by the Chief Security 

Office (CSO)

Review all training material for telework features you 

are unfamiliar with

Review your Office telework protocols

 Connect via VPN 

 (Virtual Private Network

 

 Connect to Citrix Client

 Connect to your Work Email

 Reset your password

 Forward your Work Phone Calls

 WebEx 

 (Use for external callers only)

Conferencing Options

Service Audio

Screen 

Sharing

Number of 

Attendees

Skype

(recommended) 

Internal Only Internal Only 2-75

WebEx

(Only use for 

external callers)

Call In

number and 

Web

Internal Only 3-75

Contact ITSC Call In 

number and 

Web

Yes Over 75
EXHIBIT 99.1

                           CHESTER VALLEY BANCORP INC
                                    DECLARES
                             QUARTERLY CASH DIVIDEND


FOR IMMEDIATE RELEASE

MONDAY, FEBRUARY 28, 2005

CONTACT: JOSEPH T. CROWLEY
         CHIEF FINANCIAL OFFICER
         (610) 269-9700


Downingtown - Chester Valley Bancorp Inc. announced the declaration of a $.105
quarterly cash dividend. The dividend will be paid on March 31, 2005 to
shareholders of record as of the close of business on March 14, 2005. The cash
dividend is based on earnings of $1.6 million or $.30 per diluted share for the
quarter ended December 31, 2004. At December 31, 2004, the Company had assets of
$669.1 million and stockholders' equity of $55.0 million. It is the Company's
continued intention that any future cash dividends will be paid on or around the
last day of a calendar quarter.

Chester Valley Bancorp Inc. is the parent company of both First Financial Bank
and Philadelphia Corporation for Investment Services. First Financial Bank's
executive offices are located in Downingtown, Pennsylvania with additional
branch locations in Exton, Frazer, Thorndale, Westtown, Airport Village,
Brandywine Square, Devon, Kennett Square, Eagle, Coatesville, Avondale and West
Chester. Philadelphia Corporation has offices in Wayne and Philadelphia.

Chester Valley Bancorp stock is traded on the NASDAQ market under the symbol
"CVAL".
EXHIBIT
32.1





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report of
NanoDynamics Holdings,
Inc. (the “Company”) on Form 10-K for the year ended June 30, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, David Rector, Chief Executive and Chief 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;





(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 results of operations of the
      Company.





A signed
original of this written statement required by Section 906 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.





/s/ David RectorName:
                David
      RectorTitle:
                Chief
      Executive and Chief Financial OfficerDate:
                September
      25, 2009
<PAGE>   1
                                                                    Exhibit 3.02

                           CERTIFICATE OF CORRECTION
                        FILED TO CORRECT A CERTAIN ERROR
                                     IN THE
                                    RESTATED
                          CERTIFICATE OF INCORPORATION
                                       OF
                              CSK AUTO CORPORATION
                 (Filed in the Office of the Secretary of State
                  of the State of Delaware on March 16, 1998)

     CSK AUTO CORPORATION, a corporation organized and existing under and by
virtue of the General Corporation Law of the State of Delaware (the
"Corporation"), hereby certifies that:

     1.   The name of the Corporation is CSK Auto Corporation.

     2.   The Restated Certificate of Incorporation of the Corporation, dated
March 9, 1998 (the "Certificate"), was filed by the Corporation with the
Secretary of State of the State of Delaware on March 16, 1998.

     3.   The Certificate is an inaccurate record of the corporate action
therein referred to, and requires correction as permitted by Section 103 of the
General Corporation Law of the State of Delaware.

     4.   The inaccuracy or defect to be corrected is the omission of the date
and time of effectiveness of the Certificate.

     The Certificate should be corrected by the addition of a new Section (6)
that should read as follows:

          (6)  This Restated Certificate of Incorporation shall become
     effective at 11:00 A.M. (E.S.T.) on March 17, 1998.

     IN WITNESS WHEREOF, this Certificate of Correction has been executed by
the Corporation's duly authorized officer this 17th day of March 1998.

                                        CSK AUTO CORPORATION

                                        By: /s/ Lon Novatt
                                           ----------------
                                        Name: Lon Novatt
                                        Title: Secretary
Personal Stories: Why Flu Vaccination Matters 

[Woman #1] It just hit so suddenly. It-it just took me by surprise. 

[Man] We didn't think, 'Oh, no. There’s a chance that she could get really sick and die.' 

[Woman #1] We literally watched her dying. You know, her body was--was dying inside. 

[Woman #2] How does this happen? It's not supposed to. Here, we had this beautiful, perfect, 

healthy baby boy and all of a sudden, within a day, he's gone. 

[Dr. Jeanne Santoli] Influenza is a very serious disease. About a hundred children die every year 

from influenza. Now, that's a relatively small number. But every death from influenza is a 

tragedy, especially when we have a vaccine to prevent influenza. 

[Woman #3] I looked at Martin ‘cause he's old enough to make his own decisions and to tell me 

how he's feeling. And I looked at Martin and I said, “Martin, what do you want to do? You want 

to go to the three o'clock appointment or do you want to go to the emergency room?” And he 

says, “No, mom. I think I need to go to the emergency room.” When I think of Martin, it always 

brings a smile to my face because he was such a good kid. 

[Man] Really kind of the whole day was just kind of like a long period of adjusting to what the 

truth was, which was that she wasn't going to survive that day. 

[Woman #4] She had the symptoms of a cold. It seemed, you know, just runny nose and, you 

know, your typical cold. But, she couldn't shake it. And, she had four days of fever. And, I think 

that might have been our first indicator that something was a little more serious than just a cold. 

[Dr. Jeanne Santoli] The symptoms of influenza are--some of them are similar to the symptoms 

of the common cold--like a runny nose, or stuffy nose, a cough, or congestion. But with 

influenza, you'll also people--see people feeling feverish, very tired, having muscle aches and 

headaches, things we don't usually see with the common cold. And while anyone can have 

influenza, it's more serious for certain groups of people and can lead to complications that are 

much more serious than the common cold. 

[Woman #1] The flu has changed our lives. It took . . . I mean, it took one of my children. The 

flu can-can kill your healthy children. 

[Woman #2] When Ian got the flu, he died. My other two boys who got vaccinated never had a 

symptom. 

[Woman #1] I could've got Emily a flu shot. And I should've got Emily a flu shot. I should've 

gotten all the kids flu shots. 

[Woman #2] Please get it. I-I don't want you sitting here having to talk about the loss of your 

child.
A89A0282.

#### CAWTHON et al. v. WACO FIRE & CASUALTY INSURANCE COMPANY et al.

(391 SE2d 142)

Decided January 16, 1990.

*Waddell, Emerson, George & Buice, Elmarie A. Emerson, Manley F. Brown, Rainwater & Christy, David N. Rainwater, Lamar W. Sizemore, Jr.,*for appellants.

*Drew, Eckl & Farnham, James M. Poe, Gardner & Gardner, Milton F. Gardner,*for appellees.

Banke, Presiding Judge.

In accordance with the decision of the Supreme Court' in *Cawthon v. Waco Fire &c. Ins. Co.,*259 Ga. 632 (386 SE2d 32) (1989), the previous decision of this court in the present case, reported at 190 Ga. App. 797 (380 SE2d 327) (1989), is hereby vacated, and the judgment of the trial court is reversed.

*Judgment reversed.*

*Sognier and Pope, JJ., concur.*