alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-3.htm


Exhibit 10.3

 

 

 

FIRST AMENDMENT

to

2003 OUTSIDE DIRECTORS STOCK PLAN

 

 

 

THIS FIRST AMENDMENT TO THE PERMA-FIX ENVIRONMENTAL SERVICES, INC. 2003 OUTSIDE DIRECTORS STOCK PLAN (the “First Amendment”) was approved by the Board of Directors (the “Board”) of Perma-Fix Environmental Services, Inc. (the “Company”) to be effective on June 13, 2008, subject to the approval of the shareholders of the Company.

 

WHEREAS, Article VII of the 2003 Outside Directors Stock Plan (the “Plan”), provides that the Board may at any time, and from time to time and, in any respect amend or modify the Plan;

 

WHEREAS, as of June 5, 2008, the maximum number of shares of our common stock that may be issued under the Plan is 1,000,000 shares (subject to adjustment as provided in the 2003 Plan), of which 838,465 have previously been issued or reserved for issuance under the Plan, comprised of 412,465 shares previously been issued under the Plan, and 426,000 shares issuable under outstanding options granted under the Plan;

 

WHEREAS, in order to continue to attract and retain qualified members of the Board who are not employees of the Company, the Board is of the opinion that it is necessary that the maximum number of shares of Common Stock that may be issued under the Plan be increased from 1,000,000 to 2,000,000 shares (subject to adjustment as provided in the Plan); and,

 

NOW, THEREFORE, the following amendments to the plan are unanimously adopted by the Board, subject to the approval of the shareholders of the Company:

 

Amendment to Section 4.1: 

 

Section 4.1 of the Plan is hereby amended by deleting the number “1,000,000" from the first full sentence contained therein and substituting in lieu thereof the number “2,000,000."

 

The Plan is hereby amended and modified only to the extent specifically amended or modified by this First Amendment to the 2003 Outside Directors Stock Plan. None of the other terms, conditions or provisions of the Plan, is amended or modified by this First Amendment to the 2003 Outside Directors Stock Plan.
```

[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Page 52044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21264]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 7558]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Modern Antiquity: Picasso, de Chirico, L[eacute]ger, 
and Picabia in the Presence of the Antique.''

    Summary: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority 
No. 257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Modern Antiquity: Picasso, de Chirico, 
L[eacute]ger, and Picabia in the Presence of the Antique,'' imported 
from abroad for temporary exhibition within the United States, are of 
cultural significance. The objects are imported pursuant to a loan 
agreement with the foreign owner or custodian. I also determine that 
the exhibition or display of the exhibit objects at The J. Paul Getty 
Museum, the Getty Villa, Pacific Palisades, California, from on or 
about November 2, 2011, until on or about January 16, 2012, and at 
possible additional exhibitions or venues yet to be determined, is in 
the national interest. I have ordered that Public Notice of these 
Determinations be published in the Federal Register.
    For Further Information Contact: For further information, including 
a list of the exhibit objects, contact Kevin M. Gleeson, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State 
(telephone: 202-632-6473). The mailing address is U.S. Department of 
State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: August 15, 2011.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2011-21264 Filed 8-18-11; 8:45 am]
BILLING CODE 4710-05-P
```
#### State, *ex rel,*John Spitzer, v. Nathan Mayo, as Custodian of State Prison.

176 So. 434.

Division A.

Opinion Filed October 14, 1937.

*427
      *Edwin L. Bryan,*for Petitioner;

*Cary D. Landis,*Attorney General, and *Tyrus A. Nor-wood,*Assistant Attorney General, for Respondent.

Buford, J.

This is an original proceeding in habeas corpus. Petitioner was informed against in the Criminal Court of Record of Hillsborough County under four in-formations each charging a robbery when armed with a dangerous weapon and with the intent to then and there, if resisted, kill or maim the person robbed.

To each information the petitioner pleaded guilty and was sentenced under each plea to serve life imprisonment in the State Prison. ■

His contention now is that at the time he was informed against it was assumed that Chapter 12246, Acts of 1927, was valid and that the information was filed under the provisions of that Act and that as that Act was held to be void because not enacted in accordance with Article III, Section 17, of the Constitution, the entire proceedings against the petitioner were void and of no effect.

It is true that Chapter 12246, Acts of 1927, was held to be void because it was never enacted as required by the. Constitution. Wood, *et al.,*v. State, 98 Fla. 703, 124 Sou. 44. It, therefore, follows that the purported enactment *428•had no force and effect whatever and Section 5055 R. G. S. 1920 remained in full force and effect.

The informations under attack here sufficiently charge the 'offense attempted to be charged under the provisions of 'Section 5055 R. G. S. 1920 and the prosecution in law, regardless of what the intent of those conducting it may have been, was a prosecution under the valid existing statute.

The petitioner, however, raises the further contention that there w.as no judgment of conviction entered against the defendant upon which to base any sentence. This contention the record shows to be correct. Therefore, the sentence imposed was not only void becaus'e it was unauthorized under the provisions of Section 5055 R. G. S., but was also not based upon a judgment of conviction.

It, therefore, follows that petitioner must be ordered delivered by the respondent to the Sheriff of Hillsborough County to be there presented at the next general or special term of the Court having jurisdiction to enter judgment against the defendant upon his plea of guilty, there to receive the judgment and sentence of the Court. State, *ex rel.*House, v. Mayo, 122 Fla. 23, 164 Sou. 673, and cases there cited.

It is so ordered.

Ellis, C. J., and Terrell, J., concur.

Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15698-15699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6008]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Mine Safety and Health Research Advisory Committee

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following meeting of the aforementioned 
committee.

    Times and Dates:

8:45 a.m.-5:15 p.m., May 2, 2007.
8:30 a.m.-12:15 p.m., May 3, 2007.

    Place: Pittsburgh Airport Marriott, 777 Aten Road, Coraopolis, 
PA, 15108, telephone (412) 788-8800, fax (412) 788-6299.
    Status: Open to the public, limited only by the space available. 
The meeting room accommodates approximately 50 people.
    Purpose: This committee is charged with providing advice to the 
Secretary, Department of Health and Human Services; the Director, 
CDC; and the Director, National Institute for Occupational Safety 
and Health (NIOSH), on priorities in mine safety and health 
research, including grants and contracts for such research, 30 
U.S.C. 812(b)(2), Section 102(b)(2).
    Matters to be Discussed: The meeting will focus on 
Communications and Tracking, update on Refuge Chamber Activities, 
Mine Seals Research, other Research Projects Related to Disaster 
Prevention and Response and Behavioral Research on Mine Escape. The 
agenda will also include an update report from the Associate 
Director for Mining.
    Agenda items are subject to change as priorities dictate.
    Contact Person for More Information: Jeffery L. Kohler, PhD, 
Executive Secretary, MSHRAC, NIOSH, CDC, 626 Cochrans Mill Road, 
telephone (412) 386-5301, fax (412) 386-5300.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities for both the Centers for Disease Control and Prevention 
and the Agency for Toxic Substances and Disease Registry.


[[Page 15699]]


    Dated: March 26, 2007.
Elaine L. Baker,
Acting Director, Management Analysis and Services Office, Centers for 
Disease Control and Prevention (CDC).
[FR Doc. E7-6008 Filed 3-30-07; 8:45 am]
BILLING CODE 4163-18-P
#### Edmund R. Harrington, *Plaintiff, v.*The Erie County Savings Bank, *Defendant.*

— New trial denied, and judgment ordered for defendant on the nonsuit. Opinion by Smtth, P. J.
EX-10.9.2



 Exhibit 10.9.2 
  





 
 June 18, 2013 
 Re:
Relocation Agreement 
 Kristina: 
 As a follow-up to our
discussion, the following outlines the additional relocation benefits that Etsy, Inc. (“Company”) will provide you to assist with the temporary living expenses you expect to incur during your relocation to the NYC area. 

 

	 	•	 	On June 30, 2013, the Company will pay you a one-time relocation bonus (“Relocation Bonus”) in the net amount of $32,500. This payment will be grossed up for payroll tax withholding purposes.


  

	 	•	 	Monthly, beginning on July 15, 2013 and ending on April 15, 2014, the Company will pay you temporary living stipend (“Monthly Stipend”) in the net amount of $8,500 per month. Subject to the
conditions below, these ten (10) monthly payments will have a maximum aggregate net amount of $85,000. These monthly payments will be grossed-up for tax purposes. 


The Monthly Stipend payments are subject to you to being actively employed in good standing with the Company on the date of each payment. In the event your
employment terminates or is suspended for any reason, the payments will discontinue. Further, should you (i) voluntarily resign from the Company prior to June 15, 2014, or (ii) be let go for cause prior to June 15, 2014, you
agree to repay the Company an amount equal to the total gross amount of both the Relocation Bonus and the sum of all Monthly Stipend Payments made to you under this agreement. 

 

					
	Thank you,				
			
	



				6/20/13
	  
	 		 	
	Chad Dickerson, CEO				Date

 Acknowledgement 
 I hereby
acknowledge the terms of this Relocation Agreement as set forth above. I further acknowledge that any changes to the terms of this agreement must be approved in writing by the Company. 

 

					
			
	



				6/20/13
	  
	 		 	
	Kristina Salen				Date
No. 51079.

#### Protests 54640-K, etc., of Bainbridge, Kimpton & Haput, Inc., et al. (New York).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court-found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries. The protests were sustained to this extent.
#### UNITED STATES, Appellee v WILLIAM G. SIMMONS, Jr., Engineman Third Class, U. S. Navy, Appellant

18 USCMA 374, 40 CMR 86

*375No. 21,956

May 29, 1969

*Ca-ptain Frank A. Nelson,*JAGC, USN, was on the pleadings for Appellant, Accused.

*Colonel C. R. Larouche,*USMC, was on the pleadings for Appellee, United States.

Opinion of the Court

DARDEN, Judge:

For the reason set forth in United States v Wright, 18 USCMA 348, 40 CMR 60, we here find no fault in the president’s instructions on sentencing as to matters that “logically” lend themselves to either the adjudging of a more severe sentence or a more lenient one.

We affirm the decision, of the board of review.

Chief Judge Quinn concurs.

Ferguson, Judge

(dissenting):

1 dissent. See my dissenting opinion in United States v Wright, 18 USCMA 348, 351, 40 CMR 60, 63.
EXHIBIT 31.2 

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

**AS ADOPTED PURSUANT TO**

 

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Timothy P. Lynch, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of Tercica, Inc.; 

 

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, inlight 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 financialcondition, 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 officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 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 consolidatedsubsidiaries, 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 theeffectiveness 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 mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) 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 (or persons performing the equivalent functions): 

 

a. All significant deficiencies in the design or operation of internalcontrols 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 theregistrant’s internal control over financial reporting. 

 

Date: May 13,2004
#### Inter-Maritime Forwarding Co., Inc., et al. *v.*United States

No. 6634.

Entry No. 755622, etc.

Invoices dated Wheathampstead, St. Albans, England, May 12, 1942, etc.

Entered at New York, N. Y., June 22, 1942, etc.

(Decided December 17, 1946)

*Tompkins & Tompkins (J. Stuart Tompkins*of counsel) for the plaintiffs.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Kincheloe, Judge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importers on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
1-900 JACKPOT, INC. (FORMERLY PULTRONEX CORPORATION)
                                CERTIFICATION OF
                           PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

I, Brian  Fisher,  solely for the purpose of  complying  with 18 U.S.C.  Section
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
hereby  certify  that to my  knowledge  Annual  Report  of 1-900  Jackpot,  Inc.
(formerly  Pultronex  Corporation)  on Form 10-KSB for the year ended August 31,
2004 ("Report")  fully complies with the  requirements of Section 13(a) or 15(d)
of the Securities  Exchange Act of 1934 and that  information  contained in such
Form 10-QSB fairly presents in all material respects the financial condition and
results of operations of 1-900 Jackpot, Inc. (formerly Pultronex Corporation).



DATE:  NOVEMBER 22, 2005

/S/ BRIAN FISHER
------------------------
    BRIAN FISHER
PRINCIPAL EXECUTIVE OFFICER




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.
[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Notices]
[Page 14834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5653]



[[Page 14834]]

=======================================================================
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts; President's Committee on the 
Arts and the Humanities: Meeting <greek-i>61

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463), as amended, notice is hereby given that a meeting of 
the President's Committee on the Arts and the Humanities (PCAH) will be 
held on April 21, 2007, from 2 p.m. to 5:15 p.m. (ending time is 
tentative). The meeting will be held in the El Paso Museum of Art, One 
Arts Festival Plaza, El Paso, Texas 79901.
    The Committee meeting will begin with a welcome, introductions, and 
announcements. Newly appointed committee members will be sworn in. 
Reports are anticipated from the National Endowment for the Humanities 
(NEH), the National Endowment for the Arts (NEA), and the Director of 
the Institute for Museum and Library Services. Other presentations are 
planned by Artist John Houser; Gabrielle Palmer, Historian; Yolanda 
Alameda, Director of Museums and Cultural Affairs, City of El Paso; and 
Michael Tomor, Executive Director, El Paso Museum of Art. The meeting 
will conclude with a discussion of other business, including focus on a 
Sister Parks Initiative linking world heritage sites, and closing 
remarks.
    The President's Committee on the Arts and the Humanities was 
created by Executive Order in 1982, which currently states that the 
``Committee shall advise, provide recommendations to, and assist the 
President, the National Endowment for the Arts, the National Endowment 
for the Humanities, and the Institute of Museum and Library Services on 
matters relating to the arts and the humanities.''
    Any interested persons may attend as observers, on a space 
available basis, but seating is limited. Therefore, for this meeting, 
individuals wishing to attend are advised to contact Jenny Schmidt of 
the President's Committee seven (7) days in advance of the meeting at 
(202) 682-5560 or write to the Committee at 1100 Pennsylvania Avenue, 
NW., Suite 526, Washington, DC 20506. Further information with 
reference to this meeting can also be obtained from Ms. Schmidt.
    If you need special accommodations due to a disability, please 
contact Ms. Schmidt through the Office of AccessAbility, National 
Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Suite 724, 
Washington, DC 20506, (202) 682-5532, TDY-TDD (202) 682-5560, at least 
seven (7) days prior to the meeting.

    Dated: March 21, 2007.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
 [FR Doc. E7-5653 Filed 3-28-07; 8:45 am]
BILLING CODE 7537-01-P
No. 65603.

#### Couture Fabrics, Ltd., et al. *v.*United States,

protests 180824-K(B), etc. (New York).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of woven silk fabrics similar in all material respects .to those the subject of Abstract 64266, the claim of the plaintiffs was sustained.
|                                        |
|----------------------------------------|
|                                        |  |  |
| Wells Fargo Bank, National Association | U.S. Bank Trust National Association, |
| As Indenture Trustee                   | As Owner Trustee |
| Attn:  Marianna C. Stershic  | Attn: Ed Janis |
| Sixth Street and Marquette Avenue      | 190 South LaSalle Street, 7th Floor |
| MAC N9311-161                          | Mail Code: MK-IL-SL7R |
| Minneapolis, MN  55479       | Chicago, Illinois 60603 |
|                                   |   |
| Copy To:                               |   |
| Ally Wholesale Enterprises LLC         | Ally Financial Inc. |
| Attn:  Vice President        | As Administrator |
| 500 Woodward Ave                       | Attn:  Vice President |
| Mail code:  MI-01-20-TRES              | 500 Woodward Ave |
| Detroit, Michigan  48226     | Mail code:  MI-01-20-TRES |
|                                   | Detroit, Michigan 48226 |
|                                   |   |
| Re:                                    | Ally Master Owner Trust |
|                                   | Annual Statement as to Compliance |   |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of January 1, 2016 through  December 31, 2016, and of its performance under the Trust Sale and Servicing Agreement and under the Pooling and Servicing Agreement has been made under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under such agreements in all material respects throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |   |
|   |   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |   |
|   | Vice President, Controller and Chief Accounting Officer |   |
|   |   |   |

----

|                                |
|--------------------------------|
|                                |
| Ally Master Owner Trust 2012-4 |
| Ally Master Owner Trust 2012-5 |
| Ally Master Owner Trust 2014-1 |
| Ally Master Owner Trust 2014-3 |
| Ally Master Owner Trust 2014-4 |
| Ally Master Owner Trust 2014-5 |
| Ally Master Owner Trust 2015-1 |
| Ally Master Owner Trust 2015-2 |
| Ally Master Owner Trust 2015-3 |