alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third Amendment to Employment Agreement



 Exhibit 10.8(b) 
 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT 
 This THIRD AMENDMENT TO EMPLOYMENT AGREEMENT (this
“Amendment”) is made and entered into effective as of June 15, 2007 by and between HELIX BIOMEDIX, INC., a Delaware corporation (“Helix”), and TIMOTHY FALLA, PH.D. (“Executive”). 
 RECITALS 
 WHEREAS, Helix and Executive
entered into an Employment Agreement effective July 1, 2003, as amended (the “Agreement”); and 
 WHEREAS, Helix and Executive
wish to further amend the Agreement as provided herein. 
 AGREEMENT 
 NOW, THEREFORE, in consideration of the premises, the mutual covenants of the parties hereinafter set forth and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 
 1. The first sentence of
Section 5(b) of the Agreement is hereby amended and restated in its entirety as follows: 
 “Upon termination by the Company without
Cause (as defined below), the Company shall pay Executive any unpaid annual base salary, any amount due but not paid under any Company incentive compensation plan, earned but unused vacation and bonuses due (if any) for services already performed
(subject to normal withholding and other deductions) to the effective date of termination of employment; and monthly severance payments equivalent to six (6) months base salary.” 
 2. The last sentence of Section 5(b) of the Agreement is hereby amended and restated in its entirety as follows: 
 “Executive will have the duty to mitigate the costs to the Company by attempting to obtain other employment within a reasonable time after
termination. During the period Executive is entitled to receive severance payments hereunder, the monthly payment otherwise due from the Company shall be reduced by fifty percent (50%) of Executive’s monthly compensation from such other
employment.” 
 3. The effective date of this Amendment shall be June 15, 2007. 
 4. The parties hereto hereby acknowledge the continuing effect of the Agreement except as specifically modified by this Amendment. 
 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. 
  

									
	HELIX BIOMEDIX, INC.	 		 	EXECUTIVE:
					
	By:	 	/s/ R. Stephen Beatty	 		 		 	/s/ Timothy Falla, Ph.D.
		 	R. Stephen Beatty	 		 		 	Timothy Falla, Ph.D.
		 	President and CEO
No. 44405.

#### Protests 918884-G (B), etc., of S. S. Krum & Co. (New York).

Opinion by

Keefe, J.

In accordance with stipulation of counsel and on the authority of *Stokby*v. *United States*(4 Cust. Ct. 343, C. D. 358) it was held that 10 percent allowance should have been made for the weight of the gelatinous material in question.
#### James Madison Lewis, plaintiff in error, *vs.*The United States, defendant in error.

*Error to Henry.*

A license to keep a grocery is not assignable.

At the March term of the District Court of Henry county, 1842, James Madison Lewis was indicted for unlawfully selling and retailing spirituous liquors in less quantities than one gallon, without then and there having a grocery license.

The defendant plead not guilty, and on the trial proved by William G. Waitman, that on the 1st January, 1842, he sold his grocery to the defendant, and, that part of the agreement was, that he, the said Wait-man was to procure a license to commence on the 10th of December, for three months, and the groceries were to be sold under said license and agreement, and that he did on the 4th of January procure said license and gave it to said defendant. Upon the introduction of this evidence, with the license to Waitman, the defendant asked the court to instruct the jury that any selling of liquor by defendant under this license would not make him liable, which instructions the court refused, and instructed the jury that the liceuse was no shield to hi? selling. To which opinion the defendant excepted.

The defendant was convicted and fined $50 and cost3.

J. C. Hall, for plaintiff in error.

H. T. Reid, for defendant.

Per Curiam,

Mason, Chief Justice.

The main question presensented by this case is whether a grocery license is assignable. It is justly contended that if the license law is merely a revenue pleasure *200there is no good reason why the assignee of a grocery should not have the benefit of a license obtained by the assignor. But revenue is not the sole object of the license law. for if so then every one would have been, permitted to set up a grocery upon paying the amount fixed by law. This is, however only one of the requisites preparatory to obtaining the license. He must in addition thereto give bond to keep an orderly house, &c. Now, if the person obtaining such a license may assign the same, he certainly cannot assign the bond so as to render the securities therein liable, without their consent, for the misconduct of the assignee. The requirement of the statute in relation to the bond and securities would be entirely evaded, if such assignment were permissible.

It is contended that Lewis was a mere agent or servant of Waitman in this case. We see no evidence in the record sufficient to justify such a conclusion. The contents of the grocery were absolutely sold by Waitman to Lewis, and the other provisions of the contract related merely to the mode of payment. Lewis was to have the sole control of the property, subject only to the condition that if he removed them from Trenton the price he was to pay for them was to be due immediately. The plaintiff in error seems to have had no illegal intention, but he has been misled into a transaction which has rendered him liable to the penalty of the law. We have no power to pardon the of-fence, however fully we may be convinced that it was not committed wilfully.

Judgment affirmed.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             947
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   947
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     947
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,200
<OTHER-SE>                                    (11,253)
<TOTAL-LIABILITY-AND-EQUITY>                       947
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    8,225
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (8,225)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (8,225)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,225)
<EPS-BASIC>                                     (0.01)
<EPS-DILUTED>                                   (0.01)


</TABLE>
EXHIBIT 31.2


                                 CERTIFICATIONS

I, Andrew Reiben, certify that:

1. I have reviewed this annual report on Form 10-K/A of ATC Healthcare, Inc.;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 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, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this annual report is being prepared;

      (b) evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluations; and

      (c) disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's fourth
Fiscal quarter 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 officers 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 registrant's board of directors
(or persons performing the equivalent functions):

      (a) all significant deficiencies and material weaknesses in the design or
operation of internal control 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 the registrant's internal control over
financial reporting.


Date: November 3, 2004


                               /s/ ANDREW REIBEN
                               Andrew Reiben
                               Chief Financial Officer,
                               Senior Vice President, Finance and Treasurer


                                       46
REGINALD L. HENRY , Appellant,

v. STATE OF FLORIDA , Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHE ARING AND DISPOSITION THEREOF IS FILED CASE NO. 1D16

- 2415

_____________________________/ Opinion filed August 15, 2017. An appeal from the Circuit Court for Leon County

. William Gary , Judge

. Andy Thomas, Public Defender, and Kathleen Stover, Assista nt Public Defender, Tallahassee , for Appellant

. Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez and Jennifer Moore, Assistant Attorneys General, Tallahassee , for Appellee.

PER CURIAM. Appellant challenges the trial court’s denial of two pretrial motions to suppress regarding a recording the victim made on her cell phone of a conversation with Appellant in which he made threats in an apparent attempt to extort money from2 her. It is well

- settled that “ to raise an error on appeal, a contemporaneous objection must be made at the trial level when the alleged error occurred. ” Carr v. State , 156 So. 3d 1052, 1062 (Fla. 2015) (quoting J.B. v. State , 705 So. 2d 1376, 1378 (Fla. 1998)). Although s ection 90.104(1), Florida Statutes (2012), provides that, “[i]f the court has made a definitive ruling on the record admitting . . . evidence, either at or before trial, a party need not renew an objection . . . to preserve a claim of error for appeal,” th e statute does not apply to the circumstances in the instant case. Here, t he trial court denied both of Appellant’s motions to suppress and ruled the recording was admissible. Subsequently, at trial, the State moved to introduce the recording, and Appellant’s counsel affirmatively stated, “no objection.” Pursuant to the Florida Supreme Court’s decision in Carr , counsel’s statement of “no objection” acted to abandon or waive the prior motions to suppress. See 156 So. 3d at 1062. Accordingly, this issue was not pre served for appeal, and we affirm without further discussi on.

WOLF, RAY, and BILBREY, JJ., CONCUR.
exv10w17



 





Exhibit 10.17




ALLONGE




to Amended and Restated Revolving Note dated November 1, 2006




     THIS ALLONGE is made and entered into as of the 1st day of November 2007, by and
between US BIO WOODBURY, LLC, a Michigan limited liability company, fka, SUPERIOR CORN PRODUCTS,
LLC, a Michigan limited liability company (the “Borrower”) and AGSTAR FINANCIAL SERVICES, PCA, (the
“Lender”).



RECITALS




     A. The Borrower previously executed and delivered to the Lender an Amended and Restated
Revolving Note in the original principal amount of $3,500,000.00, dated November 1, 2006 (the
“Note”) to which this Allonge is attached.



     B. The Borrower has requested that Lender extend the maturity date of the Note.



     C. The Lender is willing to make such modifications to the terms of the Note, all in
accordance with the terms and conditions of this Allonge.



AGREEMENT




     NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained
in this Allonge and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the Borrower and the Lender, the parties agree as follows:



     1. Modification of Note. Notwithstanding any of the provisions of that certain Second
Amended and Restated Construction and Revolving Loan Agreement dated September 27, 2006 (the “Loan
Agreement”), the Note is amended as follows:




	 	a.	 	Paragraph #6 of the Note is hereby amended to read as follows:
	 
	 	 	 	“The outstanding principal balance hereof, together with all accrued interest, if
not paid sooner, shall be due and payable in full on October 29, 2008 (the “Maturity
Date”).





     2. Remaining Terms. It is further understood and agreed by and between the Borrower
and the Lender that all other terms and provisions of the Note shall remain in full force and
effect, enforceable by the Lender against the Borrower as fully as though no amendments had been
made hereby, and this Allonge shall not be deemed to hinder, compromise or lessen the
enforceability of the Note, or any mortgage, security interest, or guaranty securing repayment of
the Note, in any way.



 









 





     IN WITNESS WHEREOF, the parties hereto have caused this Allonge to be duly executed and
delivered as of the date and year first above written.



BORROWER:




US BIO WOODBURY, LLC, a

Michigan limited liability company, fka

SUPERIOR CORN PRODUCTS, LLC, a

Michigan limited liability company




	 	 	 	 	 
	/s/ Kelly S. Langley
 

By: Kelly S. Langley
	 	 
	 

	 Its: Treasurer	 	 






LENDER:




AGSTAR FINANCIAL SERVICES, PCA, a

United States instrumentality




	 	 	 	 	 
	/s/ Mark Schmidt
 

By: Mark Schmidt
	 	 
	 

	 Its: Vice President
#### Bloomingdale Bros., Inc. *v.*United States

No. 7703.

Invoice dated Burslem, England, May 21, 1946.

Certified May 22, 1946.

Entered at New York, N. Y., June 24, 1946.

Entry No. 770686/1.

(Decided May 16, 1949)

*John D. Bode*for the plaintiff.

*David N. Edelstein,*Assistant Attorney General *(Richard E. FitzGibbon,*special attorney), for the defendant.

Johnson, Judge:

This proceeding has been submitted upon a stipulation wherein the parties hereto have agreed that the issues involved in this reappraisement are the same in all material respects as in the case of *United States*v. *Wm. S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334. The record in that case was admitted as part of the record herein.

In view of the aforesaid stipulation and accepting same as a statement of fact, and in view of the decision cited, I find and hold that the export value of the merchandise is the value found by the appraiser, less any additions on entry by the importer by reason of advances by the appraiser in similar cases to equal the so-called British purchase tax.

Judgment will be rendered accordingly.
No. 43270.

#### Protest 986337-G of Patrick O’Connor (New York).

*403Opinion by

Cline, J.

It was stipulated that the sculpture was imported for the personal use of the importer and not for sale. On the authority of Abstracts 42610 and 42643 the protest was sustained.
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HomeAbout DLANewsNews Article View

# Hispanic Heritage Month Employee Spotlight: Carlos Torres

By DLA Disposition Services Public AffairsDLA Disposition Services

                BATTLE CREEK, Mich.  –              
Each year from Sept. 15 to Oct. 15, the nation observes Hispanic Heritage Month, and celebrates the contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America.

This year, the Defense Logistics Agency Disposition Services Equal Employment Opportunity Office Special Emphasis Program highlights Public Sales Contracting Division Chief Carlos Torres. He speaks out about what Hispanic Heritage Month means to him and this year's theme, "Unidos: Inclusivity for a Stronger Nation."

02:06VIDEO  | 02:06 |Hispanic Heritage Month

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## Related Stories

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DLA Disposition Services observes National Native American Heritage Month

DLA DSHQ DSHeritage and Diversity DSPeople and Culture DS
<TABLE> <S> <C>

<ARTICLE>       5
<LEGEND>        This schedule contains summary financial information                                                 
                extracted from the December 31, 1996 audited financial                                 
                statements and is qualified in its entirety by                 
                reference to such financial statements.

<MULTIPLIER>                                 1,000

<FISCAL-YEAR-END>                          DEC-31-1996

<PERIOD-END>                               DEC-31-1996

<PERIOD-TYPE>                              12-MOS

<CASH>                                      55,568

<SECURITIES>                                58,650

<RECEIVABLES>                               28,219

<ALLOWANCES>                                 5,112

<INVENTORY>                                      0

<CURRENT-ASSETS>                           158,605

<PP&E>                                      24,316

<DEPRECIATION>                              22,875

<TOTAL-ASSETS>                             174,522

<CURRENT-LIABILITIES>                       67,765

<BONDS>                                          0

<PREFERRED-MANDATORY>                            0

<PREFERRED>                                      0

<COMMON>                                       176

<OTHER-SE>                                 106,070

<TOTAL-LIABILITY-AND-EQUITY>               106,246


<SALES>                                    562,765

<TOTAL-REVENUES>                           569,293

<CGS>                                      503,006

<TOTAL-COSTS>                              555,038

<OTHER-EXPENSES>                                 0

<LOSS-PROVISION>                                 0

<INTEREST-EXPENSE>                              97

<INCOME-PRETAX>                             16,158

<INCOME-TAX>                                (3,267)

<INCOME-CONTINUING>                         19,425

<DISCONTINUED>                                   0

<EXTRAORDINARY>                                  0

<CHANGES>                                        0

<NET-INCOME>                                19,425

<EPS-PRIMARY>                                 1.11

<EPS-DILUTED>                                 1.05


</TABLE>