alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.31


           Summary of Senior Management Incentive Plan

The  Company's Senior Management Incentive Plan ("SMIP") provides
that  participating management employees may receive a percentage
of  their salary as a bonus.  Payment may be in the form of  cash
or  stock.  Through 1999 the President, Executive Vice President,
and  Senior  Vice Presidents participated in SMIP.  Beginning  in
2000  certain  other  key  employees  also  became  eligible   to
participate. SMIP payments are calculated as a percentage of base
compensation,  based  on performance by the Company  relative  to
criteria  that  are established and weighted by the  Compensation
Committee of the Board of Directors.  These criteria are based on
measurements of the Company's performance deemed to  be  relevant
to  senior level managers, and to a level of performance that  is
deemed  to be attainable, indicative of corporate accomplishment,
and  likely to lead to corporate success.  They may be  based  on
general  corporate  objectives, or may on  specific  projects  or
objectives relevant to the particular year.  Not all participants
necessarily participate in all criteria or to the full extent  of
the  plan.   Criteria for the most senior SMIP  participants  may
include  measurements  of stock price performance  and  corporate
earnings.   Maximum  payouts  are established  on  an  individual
basis.   Frequency  of payment, not less than annually,  will  be
determined by the Compensation Committee.
**Exhibit 32.1**

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-Kof VCampus Corporation for the period ended December 31, 2006 as filed withthe Securities and Exchange Commission on or about the date hereof (the “Report”),the undersigned, in the capacity and on the date indicated below, herebycertifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to his knowledge:

(1)         The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

**(**2)         The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of VCampus Corporation as of, and for, the periodspresented in the Report.

|        |   | /s/  NARASIMHAN P. KANNAN |
|--------|--------|---------------------------|
|   |   | Narasimhan  P. Kannan     |
|   |   | Chief  Executive Officer  |

 

April 12, 2007

----
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

AUSTIN REDDIX, )

)

Petitioner, )

) Civil Action No. 04-305 Erie

v. )

)

JOSEPH DESUTA, )

)

Respondent. )

MEMORANDUM ORDER

This habeas corpus action was received by the Clerk of Court on November 1,

2004, and was referred to United States Magistrate Judge Susan Paradise Baxter for

report and recommendation in accordance with the Magistrates Act, 28 U.S.C. §

636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 11], filed on

December 2, 2005, recommended that the petition for writ of habeas corpus [Doc. No.

3] be dismissed as untimely and that a certificate of appealability be denied. The

parties were allowed ten (10) days from the date of service to file objections. Service

was made on Petitioner by certified mail and on Respondent. Petitioner filed a Motion

for extension of time in which to file objections [Doc. No. 12] on December 14, 2005. 

The Magistrate Judge granted Petitioner’s motion, and Petitioner had until January 6,

2006 in which to file objections. No objections were filed. After de novo review of the

petition and documents in the case, together with the Report and Recommendation, the

following order is entered:

AND NOW, this 9th day of January, 2006; 

IT IS HEREBY ORDERED that the petition for writ of habeas corpus [Doc. No. 3]

is DISMISSED as untimely, and a certificate of appealablity is DENIED. 

The Report and Recommendation [Doc. No. 11] of Magistrate Judge Baxter, filed

on December 2, 2005, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

Case 1:04-cv-00305-SJM-SPB Document 13 Filed 01/09/06 Page 1 of 2
2

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:04-cv-00305-SJM-SPB Document 13 Filed 01/09/06 Page 2 of 2
EXHIBIT 10.12





SEVENTH AMENDMENT TO PALO ALTO LEASE





Seventh Amendment to Lease


By and between


2197 East Bayshore Road, LLC


and


ClickAction, Inc.





This Seventh Amendment dated December
12, 2001, amends the Sixth Amendment dated and executed November 26, 2001.





Whereas both Parties agree to the following
modifications:





1.    Premises:





The term Premises shall mean 13,997 rentable square feet as outlined Exhibit H hereto, which is a portion (65.1%) of that certain free standing single-story
office/R&D building which is a total size of approximately 21,497 square feet, and which is located at and commonly known as 2197 East Bayshore Road, Palo Alto, Santa Clara County, State of California.





2.    Rent:





The monthly Rent
shall be as follows:





Months

Rent12/01/01  11/30/02

$27,294.1512/01/02  11/30/03

$28,385.9212/01/03  5/31/04

$29,521.36





3.    Parking:





Lessee shall be entitled to use 48 total stalls, which shall be located at the rear of the project as shown on Exhibit H. Lessee and their employees, suppliers, quests,
visitors, shippers, customers or invitees shall only use these parking stalls.





4.    Utilities





Lessor shall place the utilities for the entire building under Lessors name and each Lessee shall be responsible for their
pro-rata share of such bill. Lessees pro-rata share of the building is 65.1%. Lessor shall bill back to Lessee the amount due on a monthly basis and Lessee shall have seven (7) business days to make payment to Lessor.





Should, at any time during the term of the Lease, a portion of the building become vacant, Lessee shall be responsible for the
utilities based on their pro-rata share of the total space occupied, at that time, in the building.






---




All other term and condition from the Lease and prior Amendments shall remain in full force and
effect.





AGREED AND ACKNOWLEDGED:





Lessor:    2197 EAST BAYSHORE ROAD, LLC





By:

/S/    DEBRA
HOLVICK





Date:    12/19/01





Lessee:    CLICKACTION, INC.





By:

/S/    GEORGE
GRANT





Date:    12/19/01
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

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 filing of the Annual Report on Form 10-K for the Year Ended December 31, 2008 (the Report) by Tarrant Apparel Group (Registrant), the undersigned hereby certifies that:



|1. | to the best of my knowledge, the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------



|2. | to the best of my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |     |  |                                      
|-------------------- |  |  |  | --- |  | -------------------------------------
|Date: March 18, 2009 |  |  |  | By: |  | /s/ Patrick Chow                     
|                     |  |  |  |     |  | Patrick Chow, Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) MARCH
31, 2000 FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         187,154
<SECURITIES>                                    22,989
<RECEIVABLES>                                   20,673
<ALLOWANCES>                                       831
<INVENTORY>                                          0
<CURRENT-ASSETS>                               246,328
<PP&E>                                         142,007
<DEPRECIATION>                                  20,542
<TOTAL-ASSETS>                                 435,316
<CURRENT-LIABILITIES>                           70,606
<BONDS>                                        125,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            97
<OTHER-SE>                                     189,768
<TOTAL-LIABILITY-AND-EQUITY>                   435,316
<SALES>                                         17,790
<TOTAL-REVENUES>                                17,790
<CGS>                                           17,340
<TOTAL-COSTS>                                   54,786
<OTHER-EXPENSES>                                37,446
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (2,649)
<INCOME-PRETAX>                                 39,646
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             39,646
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    39,646
<EPS-BASIC>                                     (0.42)
<EPS-DILUTED>                                   (0.42)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           5,371
<SECURITIES>                                   275,408
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               280,779
<PP&E>                                         292,969
<DEPRECIATION>                                (56,070)
<TOTAL-ASSETS>                                 631,214
<CURRENT-LIABILITIES>                           27,473
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,158
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   631,214
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,705,162
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (3,702,687)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,702,687)
<EPS-BASIC>                                      (.33)
<EPS-DILUTED>                                    (.33)


</TABLE>
Regulatory Evaluation 

Docket No. FAA- J,OL ~- 0' f'TJ lo/ Directorate Identifier: 

If you make changes to the values in the table below, you must ensure the totals update accordingly. If 

they do not, click (or Tab) into and then out of the changed cell. 

Estimated Costs: 

Action Costs per Product (e.g., aircraft, engine, 

propeller, appliance) (e.g., Inspection, Work-hours Labor Parts Cost Total Costs Number of Total Cost replacement) (include cost (labor+ u.s. for U.S. Fleet Do not include oncondition costs here access, testing, (@$85/h parts) Registered 

and close-up) our) Products 

Determine origin of 

manufacture of 

lower fuselage tie 1.0 68 rods and nuts, and 

time oflast 

replacement 

The known number of products in compliance: 

Total Costs of compliance for U.S. fleet: $5,780 

Costs covered under warranty (if known) $ 

On-Condition Costs: ~ 

Action Work-hours Labor cost Parts Cost Cost per Product 

(e.g., Inspection, (include access, (@$85/hour) 

replacement) testing, and closeup) 

9 
remove and replace 

lateral fuselage tie 30.0 $825 

rods and attaching 

nuts . >t. 

'· 

Special considerations for Economic Analysis (Use this field to explain anything in the Estimated Costs table 

that was assumed or might not be obvious. This field can also be used to explain warranty costs): 

Executive Order 12866: 

Could the AD be considered a "significant regulatory action"? @ 

YES* 0 NO~ 

*Explanation: 

DOT Regulatory Policies and Procedures: 

Is the AD significant? 0 

YES*0 NO~ 

*Explanation: 

Regulatory Flexibility Act: 

Will the AD have a significant economic impact on a substantial number of small entities? Explain for 

either a Yes or No answer. G 

YESD NO~ 

Explanation: 

Intrastate Aviation in Alaska: 

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for 

aircraft operated in Alaska where aviation might be the only mode of transportation? G) 

YES*0 NO~ 

*Explanation: 

10
#### GENTRY & HOLDER FLOORS, INC.; American Title Insurance Company, Third-Party Plaintiff-Appellee, v. DUPUY & DUPUY DEVELOPERS, INC. et al., A. J. Dupuy, Sr., Third-Party Defendant-Appellant.

No. 11219.

Court of Appeal of Louisiana. Second Circuit.

Sept. 22, 1969.

James B. Wells, Bossier City, for The National Bank of Bossier City, administrator of the estate of A. J. Dupuy, Sr., third-party defendant-appellant; Booth, Lockard, Jack, Pleasant & LeSage, Shreveport, H. F. Sockrider, Jr., Shreveport, of counsel.

Peters, Ward, Johnson & Phillips, Shreveport, for American Title Ins. Co., third-party plaintiff-appellee; Hugh T. Ward, Shreveport, of counsel.

Before AYRES, BOLIN, and DIXON, JJ-

AYRES, Judge.

The facts are similar and the issues are the same as those which existed and which were presented in the companion case of Texas Industries, Inc., d. b. a. Louisiana Industries, v. Dupuy & Dupuy Developers, Inc., et al., with which this case was consolidated for trial, and which has this day been decided La.App., 227 So.2d 265. The conclusions reached in the companion case are appropriate here.

Accordingly, the judgment appealed, so far as it condemned A. J. Dupuy, Sr., is annulled, avoided, reversed, and set aside; and

It is now ordered, adjudged, and decreed that the demands of the third-party plaintiff, American Title Insurance Company, against the third-party defendant, A. J. Dupuy, Sr., of whose estate The National Bank of Bossier City is administrator, and which has been substituted as proper party litigant, be, and the same are hereby, rejected and dismissed at the cost of the third-party plaintiff.

Reversed and rendered.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED December 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50899 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN ARAIZA-MORALES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-607-ALL-PRM

-------------------- Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Juan Araiza-Morales appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Araiza-Morales contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Araiza-Morales maintains that heNo. 03-50899 -2- pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Araiza-Morales acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
Exhibit 32.1
 Certification of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  1)
    
    The report on Form 10-K of the Company for the annual period ended
December 31, 2008 (the Report) fully complies with the requirements
of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78m); and2)
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company.
  /S/ Robert J. AtteaRobert J. AtteaChairman of the Board
Chief Executive Officer /S/ David L. RogersDavid L. RogersChief Financial Officer
118TH CONGRESS 

1ST SESSION S. 2795 

AN ACT 

To amend title 38, United States Code, to extend and modify 

certain authorities and requirements relating to the Department of Veterans Affairs, 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, 
2 

†S 2795 ES

1 SECTION 1. TWO-YEAR EXTENSION OF TEMPORARY CLARI2 FICATION OF LICENSURE REQUIREMENTS 

3 FOR CONTRACTOR MEDICAL PROFES4 SIONALS TO PERFORM MEDICAL DISABILITY 

5 EXAMINATIONS FOR THE DEPARTMENT OF 

6 VETERANS AFFAIRS UNDER PILOT PROGRAM 

7 FOR USE OF CONTRACT PHYSICIANS FOR DIS8 ABILITY EXAMINATIONS. 

9 Section 2002(a)(4) of the Johnny Isakson and David 

10 P. Roe, M.D. Veterans Health Care and Benefits Improve11 ment Act of 2020 (Public Law 116–315; 38 U.S.C. 5101 

12 note) is amended by striking ‘‘three years’’ and inserting 

13 ‘‘five years’’. 

14 SEC. 2. TWO-YEAR EXTENSION OF PERIOD OF APPLICA15 BILITY OF CERTAIN RELIEF FOR RECIPIENTS 

16 OF DEPARTMENT OF VETERANS AFFAIRS 

17 EDUCATIONAL ASSISTANCE WHO ARE AF18 FECTED BY CLOSURE OR DISAPPROVAL OF 

19 AN EDUCATIONAL INSTITUTION. 

20 Section 3699(c)(2)(C) of title 38, United States 

21 Code, is amended by striking ‘‘September 30, 2023’’ and 

22 inserting ‘‘September 30, 2025’’. 
3 

†S 2795 ES

1 SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIA2 TIONS FOR EMERGENCY PREPAREDNESS OF 

3 DEPARTMENT OF VETERANS AFFAIRS. 

4 Section 8117(g) of title 38, United States Code, is 

5 amended by striking ‘‘2023’’ and inserting ‘‘2028’’. 

6 SEC. 4. DEPARTMENT OF VETERANS AFFAIRS HOUSING 

7 LOAN FEES. 

8 The loan fee table in section 3729(b)(2) of title 38, 

9 United States Code, is amended by striking ‘‘November 

10 14, 2031’’ each place it appears and inserting ‘‘November 

11 15, 2031’’. 

Passed the Senate September 13, 2023. 

Attest: 

Secretary. 
118TH CONGRESS 

1ST SESSION S. 2795 

AN ACT 

To amend title 38, United States Code, to extend 

and for other purposes. relating to the Department of Veterans Affairs, and modify certain authorities and requirements
#### Robert WILLIAMS, individually and on behalf of all others similarly situated, Appellant, v. E. Wilson PURDY, Sheriff of Dade County, Florida, and Jack Sandstrom, Chief of Jail Division, Dade County, Florida, Appellee.

No. 40749.

Supreme Court of Florida.

May 17, 1971.

Appeal dismissed. 242 So.2d 498.

ROBERTS, C. J., and CARLTON, ADKINS, McCAIN and BOYD, JJ., concur.
#### Walter McCLOUD, Appellant, v. STATE of Florida, Appellee.

No. JJ-166.

District Court of Appeal of Florida, First District.

Aug. 25, 1978.

Michael J. Minerva, Public Defender, and Janice G. Scott, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Michael H. Davidson, Assti Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The direct and circumstantial evidence was sufficient to carry to the jury the issue of whether appellant knowingly committed a lewd and lascivious act in the presence of a child under the age of 14. Section 800.04, Florida Statutes (1977).

AFFIRMED.

SMITH, Acting C. J., and ERVIN and BOOTH, JJ., concur.
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF PENNSYLVANIA 

RYAN KERWIN, ) 

Plaintiff, 

1 

v. 

i 

1 Civil Action No. 05-93 Erie 

LT. WILLIAM MCCONELL, 

1 

1 

Defendant. 

1 

) 

ORDER 

AND NOW, this 30th day of November, 2005, and upon consideration of the Plaintiff, 

Ryan Kenvin's Appeal of Magistrate Judge Susan Paradise Baxter's Order dated July 29,2005 

[Doc. No. 211 dismissing his Motions for Summary Judgment as premature [Doc. No. 12 and 

Doc. No. 161, it is hereby ORDERED that the Appeal [Doc. No. 221 is DENIED. 

S/ Sean J. McLaughlin 

United States District Judge 

cc: All parties of record 

Susan Paradise Baxter, U.S. Magistrate Judge 

Case 1:05-cv-00093-SJM Document 34 Filed 11/30/05 Page 1 of 1