alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1

                                SECOND AMENDMENT
                                       TO
                      AGREEMENT AND PLAN OF REORGANIZATION
                                  BY AND AMONG
                              INTRAOP MEDICAL, INC.
                                       AND
                           INTRAOP MEDICAL CORPORATION

     This Amendment (the "Amendment") to the Agreement and Plan of
Reorganization as amended, is made and entered into as of July 30, 2004 by and
among Intraop Medical, Inc., a Delaware corporation ("Target") and Intraop
Medical Corporation, a Nevada corporation ("Acquiror"). Any capitalized terms
not defined herein shall have the same meanings given to them in the Agreement
(as defined below).

                                    RECITALS

     Whereas Target and Acquiror have entered into that certain Agreement and
Plan of Reorganization as of February 24, 2004, as amended (the "Agreement")
with respect to a plan of reorganization, as result of which Target will be
merged with and into Acquiror.

     Whereas, pursuant to Section 7.1(b) of the Agreement, the Agreement may be
terminated at any time prior to the Effective Time, by written notice by the
terminating party to the other party, by either Acquiror or Target if the Merger
shall not have been consummated by July 31, 2004.

     Whereas, it has become apparent to the parties that the merger is unlikely
to be consummated by July 31, 2004.

     Whereas, Target and Acquiror desire to amend the Agreement as provided
herein.

     Now, therefore, in consideration of the mutual promises, covenants, and
representations contained herein, the parties hereto agree as follows:

                                    AMENDMENT

1)   Section 7.1(b) of the Agreement shall be deleted and entirely replaced with
     the following:

     (b)  by either Acquiror or Target if the Merger shall not have been
          consummated by September 30, 2004, provided, however, that the right
          to terminate this Agreement under this Section 7.1(b) shall not be
          available to any party whose failure to fulfill any obligation under
          this Agreement has been the cause of or resulted in the failure of the
          Merger to occur on or before such date.

2)   This Amendment may be executed in counterparts, each of which shall be an
     original, but all of which together shall constitute one instrument.

3)   Except as otherwise modified hereby, the terms of the Agreement shall
     remain in full force and effect.

     IN WITNESS WHEREOF, Target and Acquiror have caused this Amendment to be
executed and delivered by each of them or their respective officers thereunto
duly authorized, all as of the date first written above.

INTRAOP MEDICAL CORPORATION                         INTRAOP MEDICAL, INC.
(formerly known as DIGITAL PREVIEWS.COM, INC.
By: /s/ David Shamy                                 By: /s/ Donald A. Goer
Name:  David Shamy                                  Name:  Donald A. Goer
Title:  President                                   Title:  President


                                       16
<PAGE>

                                                                     Exhibit ff

                   FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT

         This Amendment dated as of June 9, 1999 by and between Bio-Technology
General Corp., a Delaware corporation (the "Company"), and Virgil Thompson (the
"Executive") to the Employment Agreement (the "Employment Agreement") dated as
of April 27, 1999 by and between the Company and the Executive.

                                   WITNESSETH

         WHEREAS, the Company and the Executive are parties to the Employment
Agreement; and

         WHEREAS, the parties desire to amend the Employment Agreement as more
fully described below.

         NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:

         1. AMENDMENT TO SECTION 3 OF THE EMPLOYMENT AGREEMENT. The second
sentence of Section 3 of the Employment Agreement is hereby amended so as to add
a "." after the word "discretion" and to delete the remainder of the sentence.

         2. SURVIVAL. Except for the amendment expressly set forth herein, the
Employment Agreement shall remain in full force and effect.

         3. COUNTERPARTS. This Amendment may be signed in any number of
counterparts with the same effect as if the signatures to each counterpart were
upon a single instrument, and all such counterparts together shall be deemed an
original of this Amendment.

         IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first set forth above.

                                     BIO-TECHNOLOGY GENERAL CORP.

                                     By:/s/ Sim Fass
                                     Name:
                                     Title:

                                     /s/ Virgil Thompson
                                     Virgil Thompson
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1152 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1152

     To amend title XVIII of the Social Security Act to eliminate 
  discriminatory copayment rates for outpatient psychiatric services 
                      under the Medicare Program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

    Ms. Snowe (for herself, Mr. Kerry, Mr. Smith, and Ms. Collins) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To amend title XVIII of the Social Security Act to eliminate 
  discriminatory copayment rates for outpatient psychiatric services 
                      under the Medicare Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Mental Health Copayment 
Equity Act of 2005''.

SEC. 2. ELIMINATION OF DISCRIMINATORY COPAYMENT RATES FOR MEDICARE 
              OUTPATIENT PSYCHIATRIC SERVICES.

    Section 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is 
amended to read as follows:
    ``(c)(1) Notwithstanding any other provision of this part, with 
respect to expenses incurred in a calendar year in connection with the 
treatment of mental, psychoneurotic, and personality disorders of an 
individual who is not an inpatient of a hospital at the time such 
expenses are incurred, there shall be considered as incurred expenses 
for purposes of subsections (a) and (b)--
            ``(A) for expenses incurred in any year before 2006, only 
        62\1/2\ percent of such expenses;
            ``(B) for expenses incurred in 2006, only 68\3/4\ percent 
        of such expenses;
            ``(C) for expenses incurred in 2007, only 75 percent of 
        such expenses;
            ``(D) for expenses incurred in 2008, only 81\1/4\ percent 
        of such expenses;
            ``(E) for expenses incurred in 2009, only 87\1/2\ percent 
        of such expenses;
            ``(F) for expenses incurred in 2010, only 93\3/4\ percent 
        of such expenses; and
            ``(G) for expenses incurred in 2011, or any subsequent 
        year, 100 percent of such expenses.
    ``(2) For purposes of subparagraphs (A) through (F) of paragraph 
(1), the term `treatment' does not include brief office visits (as 
defined by the Secretary) for the sole purpose of monitoring or 
changing drug prescriptions used in the treatment of such disorders or 
partial hospitalization services that are not directly provided by a 
physician.''.
                                 <all>
```
### ANR v Bacon d/b/a Bacon Timber Harvest

ENTRY REGARDING MOTION

Title: Motion to Continue Post-Judgment hearing (M otion 10)
Filer: Ken Bacon Attorney: Jason J. Sawyer Filed Date: February 5, 2016

ANR Response filed during February 8, 2016 hearing.

**The motion is GRANTED.**

The Court is very troubled by the repeated continua nces that Respondents have requested, both pre- and post-trial in these variou s Dockets. The Court recognizes and is sympathetic towards Ken Bacon, Jr., due to his inju ries from a logging accident last fall. However, this most recent continuance request was f iled with the Court less than a week prior to the upcoming hearing; that hearing was scheduled shortly after the prior continuance request was granted during the Court’s last in-pers on hearing on October 27, 2015.

Due to the significant claims presented by ANR, inc luding the claim that Respondents’ repeated contempt of the Court’s Orders justifies i ncarceration, the Court does hereby **GRANT** Respondents’ continuance request. Based upon repre sentations made by Respondents’ attorney at the February 8, 2016 hearing (in relian ce upon Respondents’ representations to him), The Court has rescheduled the hearing on ANR’ s further motion to compel and for contempt. See attached Notice of Hearing. Any fur ther motions to continue must be filed **no later than March 15, 2015**  , and must be supported by an explanation from Mr. Bacon’s treating physician that details his injuries, current capaci ty to confer with his attorney, whether he has reached a medical end result, and his ability to at tended even abbreviated court hearings.

**So ordered.**

Electronically signed on February 09, 2016 at Burli ngton, Vermont, pursuant to V.R.E.F. 7(d).

________________________________ Thomas S. Durkin, Judge
Environmental Division

Notifications: John S. Zaikowski (ERN 4276), Attorney for Petition er Agency of Natural Resources Jason J. Sawyer (ERN 4192), Attorney for Respondent s Ken Bacon, Sr. and Ken Bacon, Jr.

dchamber 

## S TATE OF 

## V ERMONT

SUPERIOR COURT ENVIRONMENTAL DIVISION Environmental Division Unit Docket No.6-1-11 Vtec, 102-6-09 Vtec &
101-6-09 Vtec
Exhibit 31.2



CERTIFICATIONS



I, James A. Cochran, Chief Financial Officer of PracticeWorks Inc., certify that:



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



2. Based on my knowledge, this quarterly 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 quarterly report;



3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly 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 we 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 consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b. evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based upon 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 most recent 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 upon our most recent evaluation, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent function):



a. all significant deficiencies and material weaknesses in the design or
operation of internal controls 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 controls.



|Date: August 13, 2003 |  | By: /s/ JAMES A. COCHRAN      
|--------------------- |  | ------------------------------
|                      |  | Title: Chief Financial Officer
Exhibit 10.4


SUBSCRIPTION
AGREEMENT


iStar Acquisition Corp.

1114 Avenue of the Americas

39th Floor

New York, New York  10036


iStar
Acquisition Investor LLC hereby subscribes for SEVEN MILLION ONE HUNDRED
EIGHTY-SEVEN THOUSAND FIVE HUNDRED (7,187,500) shares of common stock, par
value $0.0001 per share (the “Common Stock”), of iStar Acquisition
Corp., a Delaware corporation (the “Company”), for an aggregate purchase
price of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND 01/100 ($12,500), the receipt
and sufficiency of which is hereby acknowledged.  Upon receipt by the Company of said
consideration on this date, the Company shall issue to the undersigned a stock
certificate (or, if not certificated, provide documentation reflecting the
registration in the name of the undersigned on the stock ledger of the Company)
representing such fully paid and non-assessable shares of the Common
Stock of the Company.  Following such
issuance of shares of Common Stock of the Company, the capitalization of the
Company shall be as set forth on Schedule A hereto.  The undersigned acknowledges that the Common
Stock subscribed hereto is subject to certain transfer restrictions as set
forth in a letter agreement, dated the date hereof, as may be amended from time
to time.  For so long as the Common Stock
subscribed hereto is subject to transfer restrictions, the undersigned further
acknowledges that the Common Stock shall be held in an escrow account
maintained by Continental Stock Transfer & Trust Company pursuant to an
escrow agreement, dated on or about the effective date of the Company’s initial
public offering, to be entered into by and among the Company, Continental Stock
Transfer & Trust Company and others.


 


 


[Remainder of This Page Intentionally Left Blank]


 

















 


Dated: November 7, 2007


	
   

  	
  iSTAR
  ACQUISITION INVESTOR LLC

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Catherine D. Rice

  
	
   

  	
   

  	
  Name:

  	
  Catherine D. Rice

  
	
   

  	
   

  	
  Title:

  	
  Chief Financial Officer

  
	
   

  	
   

  	
   

  



 


	
  Accepted
  and Agreed on this 7th day of November 2007:

  
	
   

  
	
  iSTAR
  ACQUISITION CORP.

  
	
   

  	
   

  	
   

  
	
  By:

  	
  /s/
  Jay Nydick

  	
   

  
	
   

  	
  Name:

  	
  Jay
  Nydick

  	
   

  
	
   

  	
  Title:

  	
  Chief
  Executive Officer and President

  	
   

  



 


2

















 


SCHEDULE
A


 


Capitalization
of iStar Acquisition Corp.


 


	
  Stockholder

  	
   

  	
  Number of Shares

  of Common Stock

  	
   

  	
  Percentage of Ownership

  	
   

  
	
  iStar Acquisition Investor
  LLC

  	
   

  	
  7,187,500

  	
   

  	
  50

  	
  %

  
	
  Jay Sugarman

  	
   

  	
  7,187,500

  	
   

  	
  50

  	
  %

  
	
  Total

  	
   

  	
  14,375,000

  	
   

  	
  100

  	
  %

  



 


3
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 Quarterly Report of Big Sky Industries III, Inc. (the Company) on Form 10-Q for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, President of the Company, certify, pursuant to 18 U.S.C. 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.



Dated: January 20, 2009



/s/ Ramon Chimelis

Ramon Chimelis, President

Big Sky Industries III, Inc.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 13-1170

___________________________

Wilma M. Pennington-Thurman

lllllllllllllllllllll Plaintiff - Appellant

v.

AT & T, Inc.; Southwestern Bell Telephone Co.; Advanced Solutions, Inc.

lllllllllllllllllllll Defendants - Appellees

____________

 Appeal from United States District Court 

for the Eastern District of Missouri - St. Louis

____________

 Submitted: May 6, 2013

Filed: July 3, 2013

[Unpublished]

____________

Before MURPHY, SMITH, and COLLOTON, Circuit Judges. 

____________

PER CURIAM.

Wilma Pennington-Thurman appeals the district court’s1

 preservice dismissal

of her civil complaint. After careful review, we conclude that the dismissal was

1

The Honorable John A. Ross, United States District Judge for the Eastern

District of Missouri.
proper for the reasons stated by the district court. See Wedow v. City of Kansas City,

Mo., 442 F.3d 661, 669 (8th Cir. 2006) (res judicata applies when there is prior

judgment rendered by court of competent jurisdiction, that prior judgment was final

and on merits, and it involved same cause of action and same parties or privies; res

judicata bars claims that were or could have been litigated in earlier proceeding);

Black Clawson Co., Inc. v. Kroenert Corp., 245 F.3d 759, 763 (8th Cir. 2001)

(dismissal based on settlement agreement has effect of final judgment on merits). We

do not address Pennington-Thurman's constitutional challenge to the Older Workers

Benefit Protection Act because it was not raised in her brief. See Chay-Velasquez v.

Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004). Accordingly, we affirm. See 8th Cir. R.

47B.

______________________________

-2-
I 

109TH CONGRESS 

1ST SESSION S. 1338 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2005 

Referred to the Committee on Resources 

AN ACT 

To require the Secretary of the Interior, acting through 

the Bureau of Reclamation and the United States Geological Survey, to conduct a study on groundwater resources in the State of Alaska, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alaska Water Re5 sources Act of 2005’’. 
2 

S 1338 RFH 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (2) STATE.—The term ‘‘State’’ means the State 

6 of Alaska. 

7 SEC. 3. ALASKA WATER RESOURCES STUDY. 

8 (a) STUDY.—The Secretary, acting through the Com9 missioner of Reclamation and the Director of the United 

10 States Geological Survey, where appropriate, and in ac11 cordance with this Act and other applicable provisions of 

12 law, shall conduct a study that includes— 

13 (1) a survey of accessible water supplies, includ14 ing aquifers, on the Kenai Peninsula and in the Mu15 nicipality of Anchorage, the Matanuska-Susitna Bor16 ough, the city of Fairbanks, and the Fairbanks 

17 Northstar Borough; 

18 (2) a survey of water treatment needs and tech19 nologies, including desalination, applicable to the 

20 water resources of the State; and 

21 (3) a review of the need for enhancement of the 

22 streamflow information collected by the United 

23 States Geological Survey in the State relating to 

24 critical water needs in areas such as— 
3 

S 1338 RFH 

1 (A) infrastructure risks to State transpor2 tation, 

3 (B) flood forecasting, 

4 (C) resource extraction; and 

5 (D) fire management. 

6 (b) REPORT.—Not later than 2 years after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 the Committee on Energy and Natural Resources of the 

9 Senate and the Committee on Resources of the House of 

10 Representatives a report describing the results of the 

11 study required by subsection (a). 

12 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as are necessary to carry out this Act. 

Passed the Senate November 16, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.
Exhibit 31.2

                                  CERTIFICATION

I, Howard Solovei, Chief Financial Officer of Intraop Medical Corporation,
certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Intraop Medical
Corporation;

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, in light 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
financial condition, 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 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 we 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 consolidated
subsidiaries, 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 the effectiveness
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 most recent
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 the registrant's board of
directors:

(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.


                                          /s/  Howard Solovei
                                        -------------------------------------
                                            Howard Solovei
                                            Chief Financial Officer

                                            Dated: May 9, 2008