alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.10**

** **

**FIRST AMENDMENT TO  EMPLOYMENT AGREEMENT**

** **

----

 

THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “AmendmentAgreement”) dated January     , 2009, is betweenTuesday Morning Corporation, a Delaware corporation (the “Company”), andMichael Marchetti (“Executive”).

 

WHEREAS, the Company and Executive entered into anemployment agreement dated October 2, 2008 (the “Employment Agreement”);and

 

WHEREAS, the Company and Executive wish to amend theEmployment Agreement; now therefore:

 

In consideration of the mutual covenants containedherein and other good and valuable consideration, the receipt and sufficiencyof which are hereby acknowledged, the parties hereto agree as follows:

 

# 1.             Paragraph 3(d) of the Employment Agreement ishereby amended to read as follows in its entirety:

#  

“(d) In connection with his employment under this Agreement,Executive shall be granted by the Company under the 2008 Plan a restrictedstock award of 145,631 shares of Common Stock as promptly as practicable.  The restricted stock award shall be subjectto substantial risk of forfeiture restrictions one-third of which shall lapseon each of November 14, 2009, November 14, 2010, and November 14,2011.  In addition, during the EmploymentPeriod, the Company shall pay Executive an amount equal to $200,000 per year oneach of November 14, 2009, November 14, 2010 and November 14,2011.”

 

# 2.             Capitalized terms used in this Amendment Agreement andnot otherwise defined shall have the meanings ascribed to them in theEmployment Agreement.

#  

# 3.             This Amendment Agreement may be executed in separatecounterparts, each of which is deemed to be an original and all of which takentogether constitute one and the same agreement.

#  

# 4.             Any references to the Employment Agreement in any otherdocument shall be deemed to mean the Employment Agreement, as amended by thisAmendment Agreement.

#  

# 5.             The Employment Agreement, as amended by this AmendmentAgreement, shall remain in full force and effect.

 

1

----

 

IN WITNESS WHEREOF, the parties hereto have dulyexecuted this Amendment Agreement on the date first written above.

 

 
|   | TUESDAY MORNING CORPORATION |
|--------|-----------------------------|
|   |                        |
|   |                        |
|   | By:                         | /s/ Stephanie Bowman |
|   | Name:                       | Stephanie Bowman |
|   | Title:                      | Executive Vice President and Chief  Financial Officer |
|   |                        |
|   |                        |
|   |                        | /s/ Michael Marchetti |
|   |                        | Michael Marchetti |
|        |                             |  |  |

 

2

----
Exhibit 10.5 for Turbine Truck




EXHIBIT 10.5

                                     FORM OF
                          EXTENSION OF PROMISSORY NOTE

ALPHA ENGINES CORPORATION

                                      21st Century Detonation Cycle Gas Turbines




June 19, 2003

Mr. Michael Rouse
Chairman & CEO
Turbine Truck Engines, Inc.
1200 Flightline Blvd., Suite 5
Deland, Florida 32724

Re:      Promissory Note dated July 22, 2002 in the Principal Amount $250,000

Dear Mike:

We hereby extend said Promissory Note due date to August 23, 2004 or payable
immediately on completion of your SB-2 Public Stock Offering.


/s/  Robert L. Scragg                         /s/Barbara J. Scragg
--------------------------                    --------------------------
     Robert L. Scragg, President                 Barbara J. Scragg, Secretary/Treasurer
     Alpha Engines Corporation                   Alpha Engines Corporation





            Post Office Box 9483, Daytona Beach, Florida 32120-9483
                   Telephone (386) 788-1445 Fax (386) 788-1445
<PAGE>   1
 
                                                                    EXHIBIT 99.2
 
                       INTEGRATED PROCESS EQUIPMENT CORP.
 
                 PROXY FOR THE SPECIAL MEETING OF STOCKHOLDERS
 
                   SOLICITED ON BEHALF OF THE BOARD OF DIRECTORS
   
                                 APRIL   , 1999
    
 
   
    The undersigned stockholder of Integrated Process Equipment Corp., a
Delaware corporation, hereby acknowledges receipt of the Notice of Special
Meeting of Stockholders and the Joint Proxy Statement, each dated March   ,
1999, and hereby appoints Roger D. McDaniel and John S. Hodgson, and each of
them, proxies and attorneys-in-fact, with full power to each of substitution, on
behalf and in the name of the undersigned, to represent the undersigned at the
Special Meeting of Stockholders of Integrated Process Equipment Corp. to be held
on         , April   , 1999 at   :   .m., local time, at the             located
at             ,             ,             , and at any adjournments thereof,
and to vote all shares of Common Stock and of Class A Common Stock of Integrated
Process Equipment Corp. which the undersigned would be entitled to vote if then
and there personally present, on the matters set forth below.
    
 
    THIS PROXY WILL BE VOTED AS DIRECTED OR, IF NO CONTRARY DIRECTION IS
INDICATED, WILL BE VOTED FOR THE AGREEMENT AND PLAN OF MERGER BY AND AMONG
INTEGRATED PROCESS EQUIPMENT CORP., SPEEDFAM INTERNATIONAL, INC., AND SPEEDFAM,
INC.
 
1. AGREEMENT AND PLAN OF MERGER:
 
   [ ] FOR                           [ ] WITHHOLD
<PAGE>   2
 
                          (continued from other side)
 
    EITHER OF SUCH ATTORNEYS-IN-FACT OR SUBSTITUTES SHALL HAVE AND MAY EXERCISE
ALL OF THE POWERS OF SAID ATTORNEYS-IN-FACT HEREUNDER.
 
   
                      Dated:                                              , 1999
    
                              ---------------------------------------------
 
                        --------------------------------------------------------
                                                         SIGNATURE
 
                        --------------------------------------------------------
                                                         SIGNATURE
 
    (THIS PROXY SHOULD BE MARKED, DATED AND SIGNED BY THE STOCKHOLDER(S) EXACTLY
AS HIS, HER OR ITS NAME APPEARS HEREON, AND RETURNED PROMPTLY IN THE ENCLOSED
ENVELOPE. IF SHARES ARE HELD IN THE NAMES OF TWO OR MORE PERSONS, INCLUDING
HUSBAND AND WIFE, AS JOINT TENANTS OR OTHERWISE, ALL PERSONS MUST SIGN. PERSONS
SIGNING IN A FIDUCIARY CAPACITY SHOULD SO INDICATE, AND SHOULD GIVE THEIR FULL
TITLE. IF SHARES ARE HELD BY JOINT TENANTS OR AS COMMUNITY PROPERTY, BOTH SHOULD
SIGN.)
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7308
CLEON ELROY DILLARD, a/k/a Cleon Elroy Dillard, Sr. , Plaintiff

- Appellant ,

v. LT. SMITH, Martinsville City Jail Correctional Officer , Defendant

- Appellee

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. Thomas T. Cullen, District Judge. ( 7:20

- cv - 00151

- TTC

- RSB )

Submitted : January 27, 2022 Decided: February 1, 2022

Before MOTZ and WYNN , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Cleon Dillard , Appellant Pro Se. Joseph Anthony Piasta , JOHNSON AYERS & MATTHEWS, PLC , Roanoke, Virginia, for Appellee.
Unpublished opinions are not bind ing precedent in this circuit.2 PER CURIAM: Cleon Elroy Dillard appeals from the district court’s order entered upon the jury’s verdict finding in favor of the defendant on Dillard’s 42 U.S.C. § 1983 action alleging excessive force following his arrest fo r public intoxication. Dillard claims on appeal that
the evidence did not support the jury’s verdict. However, Dillard failed to file a Fed. R.
Civ. P. 50 motion for judgment as a matter of law after entry of the jury’s verdict

. “Absent such a motion, .

. . an appellate court is powerless to review the sufficiency of the evidence
after trial.” Ortiz v. Jordan , 562 U.S. 180, 189 (2011) (internal quotation marks omitted)

. See Belk, Inc. v. Meyer Corp., 679 F.3d 146, 154

- 60 (4th Cir. 2012) (explaining tha t postverdict motion challenging sufficiency of evidence supporting jury’s verdict is necessary to preserve issue for appeal). Accordingly, we affirm the judgment of the district court. We deny Dillard’s motions to seal, to quash oral argument, for summary disposition, and to quash false allegation in response brief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
No. 50303.

#### Protests 87733-K, etc., of Dayton Co. (Minneapolis).

Opinion by

Tilson, J.

At the trial four samples were admitted in evidence and three witnesses testified, two on behalf of the plaintiff, and one on behalf of the Government. Counsel for the defendant appeared to have abandoned the classification of the collector as “in part of edgings” and attempted to establish a classification as “in part of flouneings.” The testimony of the defendant’s witness was to the effect that on each end of the scarves for a distance of from 14 to 16 inches the pattern of the knitting and the color of the threads used had been changed from the pattern and color of the threads appearing in the body of the scarves. The court held that this change in the knitting pattern and the color of threads used was not considered sufficient to constitute the imported scarves as being in part of flouneings. Upon the record presented it was held that the merchandise in question was properly dutiable at only *50*cents per pound plus 30 percent ad valorem under paragraph 1114 (d), as modified by T. D. 49753. The protests were sustained to this extent.
H. J. Res. 27

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

Joint Resolution

Providing for the reappointment of Dr. Hanna H. Gray as a citizen regent of

the Board of Regents of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That, in accordance

with section 5581 of the Revised Statutes of the United States

(20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress,

occurring by reason of the expiration of the term of Dr. Hanna

H. Gray of Illinois on April 11, 1999, is filled by the reappointment

of the incumbent for a term of 6 years, effective April 12, 1999.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
No. 56896.

#### Metal Traders, Inc., and W. J. Byrnes & Co., Inc. *v.*United States,

protest 175988-K (San Francisco),

Opinion by

Rao, J.

An examination of the documents received in evidence revealed that the involved merchandise contains tin, antimony, arsenic, lead, copper, nickel, iron, silver, and bismuth, whereas solder, as commercially known, does not contain copper, nickel, iron, or silver. It further appeared that the report of the examiner was not received by the collector within the time prescribed by section 515, Tariff Act of 1930, for the collector’s reconsideration of protest claims, and although the claim herein was conceded by the collector, the protest was forwarded to the court. On the record presented, the claim of the plaintiff was sustained.
##### 



Exhibit 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as
adopted pursuant to Section 906 of the Sarbarnes-Oxley Act of 2002, I, Steven
S. Myers, as Chief Executive Officer of SM&A (the Company) hereby certify
that, based on my knowledge: 1) the Companys quarterly report on Form 10-Q for the quarter ended June
30, 2004 (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. Dated: July 21, 2004
    
    /s/  STEVEN S. MYERS
Steven S. Myers
Chairman and Chief Executive Officer
1

Opinion issued July 6, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00271-CR

NO. 01-23-00272-CR

———————————

IN RE STEVEN ALEXANDER HOBBS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Steven Alexander Hobbs, incarcerated and proceeding pro se, has

filed petitions for a writ of mandamus requesting that this Court compel the trial 

court to rule on relator’s motion “for extension of time [to file a notice of appeal] 

and permission to appeal,” motion “to obtain documents, hearing transcripts and all 
2

other records” “to aid and assist him in preparing an appeal of his conviction[s],” 

and certain “motion[s] to compel.”1

We deny the petition. See TEX. R. APP. P. 52.8(a). All pending motions are 

dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

1 The underlying cases are The State of Texas v. Steven Alexander Hobbs, Cause Nos. 

1324124 and 1753578 in the 351st District Court of Harris County, Texas, the 

Honorable Natalia Cornelio presiding.
No. 55790.

protest 168776-K (New York).

#### Frederick P. Victoria *v.*United States,

Opinion by

Cune, J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
January 30, 1947

No. 51552.

Suit 4539.

#### John *Heathcoat & Co., Inc.*v. *United States.*

C. D. 956 affirmed December 9, 1946. C. A. D. 354.
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Page 75299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24226]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Dental and Craniofacial Research; Notice of 
Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of a meeting of the Board of Scientific 
Counselors, National Institute of Dental and Craniofacial Research.
    The meeting will be closed to the public as indicated below in 
accordance with the provisions set forth in section 552b(c)(6), Title 5 
U.S.C., as amended for the review, discussion, and evaluation of 
individual intramural programs and projects conducted by the National 
Institute of Dental and Craniofacial Research, including consideration 
of personnel qualifications and performance, and the competence of 
individual investigators, the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, National 
Institute of Dental and Craniofacial Research.
    Date: November 29, 2023.
    Time: 10:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate personnel qualifications and 
performance, and competence of individual investigators.
    Place: National Institute of Dental and Craniofacial Research, 
6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Lynn M King, Ph.D., Director, Division of 
Extramural Activities, National Institute of Dental and Craniofacial 
Research, 6701 Democracy Blvd., Bethesda, MD 20892, (301) 594-5006, 
<a href="/cdn-cgi/l/email-protection#04687d6a6a2a6f6d6a63446a6d6c2a636b72"><span class="__cf_email__" data-cfemail="74180d1a1a5a1f1d1a13341a1d1c5a131b02">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.121, Oral 
Diseases and Disorders Research, National Institutes of Health, HHS)

    Dated: October 30, 2023.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2023-24226 Filed 11-1-23; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
IB

Union Calendar No. 54

106TH CONGRESS

1ST SESSION H. R. 1010

[Report No. 106–97]

To improve participation in the 2000 decennial census by increasing the

amounts available to the Bureau of the Census for marketing, promotion,

and outreach.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1999

Mr. MILLER of Florida introduced the following bill; which was referred to

the Committee on Government Reform

APRIL 19, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Insert the part printed in italic]

A BILL

To improve participation in the 2000 decennial census by

increasing the amounts available to the Bureau of the

Census for marketing, promotion, and outreach.

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

3 SECTION 1. FINDINGS.

4 Congress finds as follows:
2

•HR 1010 RH

1 (1) A national media campaign is essential to

2 increase the mail response for the 2000 decennial

3 census.

4 (2) Promotional events will emphasize the im5 portance of participating in the census, and will mo6 tivate people to respond.

7 (3) More resources are needed to ensure that

8 the Bureau of the Census is able to carry out an ef9 fective marketing, promotion, and outreach cam10 paign, especially in the hardest-to-count commu11 nities.

12 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to the Bu14 reau of the Census $300,000,000 for fiscal year 2000 to

15 carry out promotional, outreach, and marketing activities

16 in connection with the 2000 decennial census of popu17 lation.

18 SEC. 3. USE OF FUNDS FOR CONTRACTS WITH CERTAIN EN19 TITIES.

20 The Bureau of the Census shall make every effort to

21 utilize funds authorized under section 2 to contract with

22 entities that have a demonstrated record of making an im23 pact through marketing, promotion, or outreach campaigns

24 on urban and rural communities that have historically been
3

•HR 1010 RH

1 undercounted by censuses, including communities with sig2 nificant numbers of individuals—

3 (1) of color;

4 (2) with an income less than the poverty-line; or

5 (3) who have limited proficiency in English.
Union Calendar No. 54

106TH CONGRESS

1ST SESSION H. R. 1010

[Report No. 106–97]

A BILL

To improve participation in the 2000 decennial cenand outreach. Bureau of the Census for marketing, promotion, sus by increasing the amounts available to the

APRIL 19, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, 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 Allergy and Infectious Diseases Special Emphasis Panel; NIAID Research Education Program Advancing the Careers of a Diverse Research Workforce (R25 Clinical Trial Not Allowed).                    

*Date:*                         November 14, 2023.                    

*Time:*                         10:00 a.m. to 1:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G51, Rockville, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Thomas F. Conway, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G51, Rockville, MD 20852, 240-507-9685,                         *thomas.conway@nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: October 26, 2023.

David W. Freeman,

Supervisory Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2023-24111 Filed 10-31-23; 8:45 am]

BILLING CODE 4140-01-P
<PAGE>   1
 
                                                                    EXHIBIT 23.3
 
                   CONSENT OF KPMG LLP, INDEPENDENT AUDITORS
 
The Board of Directors
Integrated Process Equipment Corp.:
 
We consent to the use of our report included in the registration statement on
Form S-4 of SpeedFam International, Inc. of our report dated August 4, 1998,
relating to the consolidated balance sheets of Integrated Process Equipment
Corp. and subsidiaries as of June 30, 1998 and 1997, and the related
consolidated statements of operations, changes in stockholders' equity and cash
flows for each of the years in the three-year period ended June 30, 1998, which
report appears in the June 30, 1998 Annual Report on Form 10-K of Integrated
Process Equipment Corp. and to the reference to our firm under the heading
"Experts" in the registration statement.
 
                                              KPMG LLP
 
Phoenix, Arizona
   
March 1, 1999