alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10(a)117


                      FIRST AMENDMENT TO AND ASSIGNMENT OF
                         DEFERRED COMPENSATION AGREEMENT

     THIS FIRST AMENDMENT TO AND ASSIGMENT OF DEFERRED COMPENSATION AGREEMENT
("Amendment") made and entered into by and between The Southern Company
("Southern"), Southern Company Services, Inc. (the "Company"), Georgia Power
Company ("GPC") and Allen L. Leverett ("Mr. Leverett"), effective as of the 25th
day of May, 2002.

                              W I T N E S S E T H:
                               - - - - - - - - - -

     WHEREAS, The Southern Company, the Company and Mr. Leverett entered into
that certain Deferred Compensation Agreement (the "Agreement") effective March
1, 2001;

     WHEREAS, the employment of Mr. Leverett has been transferred to GPC;

     WHEREAS, the parties wish to amend and assign the Agreement in connection
with such transfer of employment;

     NOW, THEREFORE, in consideration of the premises, and the agreements of the
parties set forth in this Amendment, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:

                  1. Pursuant to Section 15 of the Agreement, the Company
         assigns the Agreement to GPC and GPC shall be the Company under the
         Agreement for all purposes thereunder.
                  2. Pursuant to Section 15 of the Agreement, the profitability
         goals are amended as set forth on Exhibit A hereof to reflect Mr.
         Leverett's position with GPC.


     IN WITNESS WHEREOF, this First Amendment to and Assignment of Deferred
Compensation Agreement has been executed by the parties, this ___ day of
_____________, 2002.

                                   THE SOUTHERN COMPANY


                          By:      ______________________________



                                   SOUTHERN COMPANY SERVICES, INC.


                          By:
                                   --------------------------------------------


                                   GEORGIA POWER COMPANY


                          By:      ______________________________




                                   MR. LEVERETT


                                   ------------------------------
                                   Allen L. Leverett



<PAGE>



                                    Exhibit A
                         Deferred Compensation Agreement
                         Schedule of Profitability Goals
                             For Performance Period


         The Southern Company shall earn its Earnings Per Share Goal and Georgia
Power Company shall meet its annual commitment to Southern Company for each of
the calendar years in the Performance Period. Achievement of the goal shall be
assessed annually by the Chief Financial Officer of The Southern Company and
documented in Exhibit B.






<PAGE>






                                    Exhibit B
                         Deferred Compensation Agreement
                   Annual Documentation of Profitability Goals
                             For Performance Period
# L_2007103EN.01005402.xml

| 20.4.2007 | EN | Official Journal of the European Union | L 103/54 |
| --- | --- | --- | --- |

20.4.2007

EN

Official Journal of the European Union

L 103/54

---

Corrigendum to Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market

(
  Official Journal of the European Union L 308 of 25 November 2005
  )

On page 29, Annex V, I(b) and II(b):

for:

‘(C28H48O = Δ 5-ergostadiene-3-beta-ol)’,

28

48

read:

‘(C28H48O = Δ 5-ergostene-3-beta-ol)’.

28

48

---
#### FIRST GULF BEACH BANK & TRUST CO. v. ALVAREZ.

No. 39250.

Supreme Court of Florida.

Jan. 1970.

Certiorari denied without opinion. 227 So.2d 745.
I 

117TH CONGRESS 

1ST SESSION H. R. 1623 

To amend title 39, United States Code, to modify procedures for negotiating 

pay and benefits of supervisory and other managerial personnel of the 

United States Postal Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2021 

Mr. CONNOLLY (for himself and Mr. BOST) introduced the following bill; 

which was referred to the Committee on Oversight and Reform 

A BILL 

To amend title 39, United States Code, to modify procedures 

for negotiating pay and benefits of supervisory and other 

managerial personnel of the United States Postal Service, 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 ‘‘Postal Supervisors and 

5 Managers Fairness Act of 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1623 IH

1 SEC. 2. NEGOTIATION OF PAY AND BENEFITS PROGRAMS 

2 FOR POSTAL SERVICE SUPERVISORY AND 

3 MANAGERIAL PERSONNEL POSITIONS. 

4 (a) IN GENERAL.—Subsection (e) of section 1004 of 

5 title 39, United States Code, is amended to read as fol6 lows: 

7 ‘‘(e)(1) Not later than 60 days before the date on 

8 which a Postal Service pay decision under this section re9 garding pay policies and schedules and fringe benefit pro10 grams is scheduled to expire, the Postal Service shall pro11 vide a written proposal to the supervisors’ organization for 

12 any changes in pay policies and schedules and fringe ben13 efit programs for members of the supervisors’ organization 

14 for a covered period. 

15 ‘‘(2) Not later than 60 days after the date an agree16 ment is reached on a collective bargaining agreement be17 tween the Postal Service and a bargaining representative 

18 recognized under section 1203 that affects any matter (in19 cluding the supervisory differential) concerning supervisor 

20 and manager pay policies and schedules and fringe benefit 

21 programs, the Postal Service shall provide a written pro22 posal regarding the matters so affected to the supervisors’ 

23 organization for any changes in pay policies and schedules 

24 and fringe benefit programs covering members of the su25 pervisors’ organization. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1623 IH

1 ‘‘(3) The Postal Service and the supervisors’ organi2 zation shall strive to resolve any differences concerning the 

3 proposal described in paragraph (1) or (2) under the pro4 cedures provided for, or adopted under, subsection (d).’’. 

5 (b) MODIFICATION OF DISPUTE RESOLUTION.— 

6 Paragraph (5) of section 1004(f) of title 39, United States 

7 Code, is amended to read as follows: 

8 ‘‘(5) Not more than 15 days after the panel has made 

9 its recommendation and considered input from the Postal 

10 Service and the supervisors’ organization pursuant to 

11 paragraph (4), the panel shall issue its final determination 

12 for pay policies and schedules and fringe benefit programs. 

13 Such final determination shall be binding upon the Postal 

14 Service and the supervisors’ organization.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
**President**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Michael G. Clark, certify that: 

 

| 1. | I have reviewed this report, filed on behalf of The European Equity Fund, Inc., on Form N-CSRS; |
|----|-------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSRS (the “Report”) fully complies with the requirements of § 13 (a) or §15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

| August 29, 2008 | /s/Michael G. Clark            |
|-----------------|--------------------------------|
|            | Michael G. Clark               |
|            | President                      |
|            | The European Equity Fund, Inc. |

 

 

 

 

**Chief Financial Officer and Treasurer**

**Section 906 Certification under Sarbanes Oxley Act**

 

 

 

I, Paul Schubert, certify that: 

 

| 1. | I have reviewed this report, filed on behalf of The European Equity Fund, Inc., on Form N-CSRS; |
|----|-------------------------------------------------------------------------------------------------|

 

| 2. | Based on my knowledge and pursuant to 18 U.S.C. § 1350, the periodic report on Form N-CSRS (the “Report”) fully complies with the requirements of § 13 (a) or § 15 (d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| August 29, 2008 | /s/Paul Schubert                      |
|-----------------|---------------------------------------|
|            | Paul Schubert                         |
|            | Chief Financial Officer and Treasurer |
|            | The European Equity Fund, Inc.        |
#### St. Louis Tow Company, Respondent *vs.*The Orphans Benefit Insurance Company of St. Louis, Appellant.

1. *Practice civil*— Trials—Pleading—Confession *and avoidance*— Burden *of proof.*The burden of proof is on a defendant who in his answer confesses and avoids the allegations of the petition.

*Hppeal from Wayne Circuit Court.*

*Stewart*<§’ *Wieting,*for Appellant.

No cause of action was stated in the petition.

*Henry D. Laughlin,*for Eespondent.

The respondent was entitled to the instruction asked for.

Wagner, Judge,

delivered the opinion of the court.

The plaintiff, as assignee of Hackett *&*Ackle, commenced this action to recover the amount of a policy of insurance, *530made by the defendant on a quantity of cement, which was being transported from the Ohio River to St. Louis. The cement was greatly injured, while in the process of being loaded on a barge lying at New Albany. The answer of the defendant admitted the facts set forth in the petition, but alleged new and independent matters of defense. To these defences there was a replication filed. At the trial, as the defendant took upon itself the *onus*or burden of proof, it claimed the right to open and close the case. This right was awarded to it by tbe Court.

Upon tlie conclusion of the testimony the plaintiff asked the Court to instruct the Jury; that it was admitted in the case, that the plaintiff had a *prima facie*right to recover, and that the verdict ought to he for the plaintiff, for the amount claimed, unless defendant had made out some legal defense, to the satisfaction of the jury.

This instruction the Court refused, and then in its second instruction, given at defendants instance, it cast the burden on the plaintiff of proving, that the affirmative allegations set up in the answer, were not true. This was really its effect. The verdict was for the defendant. The case was then taken to General Term, where the ruling at Special Term was reversed, and defendant ajipealed.

The ruling of tlie Court at Special Term was unquestionably wrong.

When the defendant admitted the canse of action as stated in the petition, by not denying any of its allegations, it confessed that the plaintiff had a good case, and it undertook to avoid it, by making averments which would destroy th *oprima facie*case set out in the petition. These averments it devolved on defendant to prove. It assumed the attitude of a plaintiff, opened and closed the case, and undertook to establish the independent matter set up. Unless it satisfied the jury by its proof that its allegations were true, tbe plaintiff was certainly entitled to a verdict. After tbe plaintiff’s case was admitted by tbe pleadings, tbe Court at Special Term still required it to prove up its case, and to show further' that it had done nothing that would impair or vitiate the policy.

*531Tlie Judgment at General Term ought to be affirmed.

The other Judges concur.
Alexander B. Grannis

Commissioner 

### New York State Department of Environmental Conservation

Division of Solid and Hazardous Materials Bureau of Pesticides Management, 11 th Floor 625 Broadway, Albany, New York 12233-7254

Phone : (518) 402-8788 Fax: (518) 402-9024
Website: www.dec.ny.gov

December 3, 2009

Mr. Tim Creger Nebraska Department of Agriculture Bureau of Plant Industry 301 Centennial Mall, Box 94756 Lincoln, Nebraska 68509-4756

Dear Mr. Creger:

Enclosed please find comments we have comp iled from EPA Region II States regarding the EPA Draft General NPDES permit for pesticide applications.

These comments reflect the overall scope of the court decision, the recent EPA BAT workgroup efforts, and issues with the states implementation.

Thank you for accepting our comments and follow up with them as you see fit.

Sincerely,

MPS

Maureen P. Serafini

Director Bureau of Pesticides Management

Enclosure

cc: w/enc. - Adrian Enache, USEPA Ralph Smith, NJDEP
February 9, 2006 

Mr. William B. Williams, P.E. Standards Engineer

Wyoming Department of Transportation 

5300 Bishop Boulevard 

Cheyenne, Wyoming 82009­3340 

Dear Mr. Williams: 

In your letter dated January 17 you requested formal Federal Highway Administration 

(FHWA) acceptance of a transition design from a box­beam guardrail to a permanent concrete 

barrier. You further requested FHWA’s approval to use this design connected to a vertical 

concrete barrier, a New Jersey or F­shape concrete barrier, or to a single­slope concrete barrier.

Drawings of the transition showing general details and schematics of its connection to the four

concrete barrier profiles noted above are enclosed with this letter. I assume that anyone 

requiring detailed drawings of this non­proprietary design may obtain them through your

office.

Based on its similarity to the transition design tested for use with your Wyoming steel post and 

beam bridge rail (FHWA acceptance letter B37A) and particularly the design tested with the 

BEAT­SSCC (FHWA acceptance letter CC69B), I agree that your proposed transition may be 

considered a crashworthy design meeting National Cooperative Highway Research Program 

Report 350 test level 3 without further testing. The addition of the steel rubrail and the 

modification of each of the safety shapes to a vertical wall at the connection point appear to be 

significant improvements over the BEAT­SSCC design.

Sincerely yours,

/original signed by/

John R. Baxter, P.E.

Director, Office of Safety Design 

Office of Safety 

Enclosures

400 Seventh St., S.W. Washington, D.C. 20590

In Reply Refer To: 

HSA­10/B­143
#### Ex parte Katherine KENNEBREW.

77-356.

Supreme Court of Alabama.

March 24, 1978.

MADDOX, Justice.

WRIT DENIED.

TORBERT, C. J., and JONES, SHORES and BEATTY, JJ., concur.
#### Allan Joel WEISS, Petitioner, v. Edward Esterbrook CULPEPPER et al., Respondents.

No. 44419.

Supreme Court of Florida.

Feb. 5, 1974.

Certiorari denied. 281 So.2d 372.

CARLTON, C. J., and ROBERTS, ADKINS and BOYD, JJ., concur.

ERVIN, J., dissents.
**EXHIBIT 32.2**

**CERTIFICATION      PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

| 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. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                 |                                                                     |                                   |
|--------------------------------------|--------------------------------------------------------------------------|----------------------------------------|
| Date:                August 14, 2008 | By:                                                            | /s/                SANDRINE CRISAFULLI |
|                                 | Sandrine                CrisafulliChief                Financial Officer |
|                                 |                                                                     |
|                                 |                                                                     |

----
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

In connection with the Annual Report on Form 10-K of KBS Legacy Partners Apartment REIT, Inc. (the
Registrant) for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, David E. Snyder, the Chief Financial Officer of the
Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge and belief:



|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 Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 11, 2011



/s/ David E. SnyderDavid E. Snyder Chief Financial Officer, Treasurer and
Secretary
Jim Raba 06/29/2006 07:43 AM To: Brenda Edwards

- Jones/ EE/DOE@DOE cc: Subject : Federal Register Notice of Public Meeting : Refrigerated Beverage Vending Machines

0 Federal Record 0 Not a Federal Record

User Filed as : Not Categorized in ERMS


### FYI.
-- Forwarded by Jim Raba /EE/DOE on 06 /29/2006 07:43 AM -----

Jim Raba 06/28/2006 07:52 AM To: Aabbott@navigantconsulting.com, bbach@duke-energy.com, Bryan Berringer/EE/DOE@DOE, jblees@energy.state.ca.us, dick.bline@amsvendors.com, john@simplicool.com, dmbrunda@southernco.com, bbyron@energy.state.ca.us, bec@nyserta.org, hcarter@energy.commerce.state.nc.us, PChavan@Copeland-Corp.com, mchristopher@navigantconsulting.com, dcohan@nwalliance.org, sconstantine@ase.org, Thomas. coughlin@us.ngrid.com, Thomas.Depriest@hq.doe.gov, Adelaskil@aol.com, douglassj@energy.wsa.ed, rduff@icfconsulting.com, teckman@nwcouncil.org, Brenda Edwards-Jones/EE/DOE@DOE, PLE2@pge.com, leils@vending.org, rnelliott@aceee.org, ielnecave@neep.org, rertinge@twcny.rr.com, Mark.Friedrichs@hq.doe.gov, JAGephart@Copeland-Corp.com, wgoetzler@navigantconsulting.com, dgoldstein@nrdc.org, mhoffman@ceel.org, jholland@energy.state.ca.us, fhh@dwgp.com, sjones@ceel.org, tjones@ceel.org, timothy.kraus@manitowoc.com, bkelly@nrac.com, kkennedy@nrdc.org, akhan@ceel.org, laurencel@multi-max.com, Qonnie Laughlin/EE/DOE@DOE, elevy@navigantconsulting.com, Ronald Lewis/EE/DOE@DOE, jlinn@neep.org, bing.liu@pnl.gov, cmacminn@navigantconsulting.com, amarantan@navigantconsulting.com, mmartin@energy.state.ca.us, imason@ceel.org, Michael McCabe/EE/DOE@DOE, mccadden@royalvendors.com, pmiller@nrdc.org, hmisuriello@ase.org, jmorris@nrac.com, snadel@aceee.org, cneme@veic.org, graham.parker@pnl.gov, Regina Washington/EE/DOE@DOE, Charles Llenza/EE/DOE@DOE cc: Subject : Federal Register Notice of Public Meeting : Refrigerated Beverage Vending Machines

0 Federal Record 40 Not a Federal Record

User Filed as : Not Categorized in ERMS 

### Ladies and Gentlemen, Today, the Federal Register published a notice of public meeting and availability of the framework document for energy conservation standards for refrigerated bottled or canned beverage vending machines

. The Department of Energy will hold the public meeting on July 11, 2006 in Washington , DC. Please see the attached document for details.

Beverage Vending Machines 71 tR 36715 June 28 2006.pdf Additional information, including the Framework Document for Refrigerated Beverage Vending MMines, will be available later today on the Department of Energy website at http://www.eere.energy.gov/buildings/app]iance-Standards/ If you have any questions, you may contact Jim Raba or Charles LLenza at 202-586-8654 or 202-586-2192, respectively. Jim Raba
MEMORANDUM OF UNDERSTANDING


 


School TV Co., Ltd. (“School TV”) and Kidding Co.
(“Kidding”) enter into This Memorandum of Understanding (MOU) as follows:


 


Article 1


		1.	School TV shall support Investech Co. (“Investech”) for the business opening and management
of RE/MAX office in the region owned by Kidding.



 


		2.	Kidding shall pay School TV JPY 980,000 (sales tax excluded) as the business opening supporting
fee. The term of the payment shall be fixed by mutual agreement.



 


		3.	Kidding shall pay School TV the management fees as follows:



		(1)	Brokerage fee



		(2)	Brokerage office fee



		(3)	Agent fee



 


		4.	Kidding shall pay above fees by 15th day of the following month by bank transfer. Transfer charge
shall be owed to Kidding.



 


Article 2


This MOU shall be effective on August 1,
2017.


 


July 28, 2017


 


School TV Co., Ltd.


1-23-38, Esakacho, Suita-shi, Osaka, Japan


Tomoo Yoshida


President


 


/s/ Tomoo Yoshida


 


Kidding Co..


2-12-5, Yotsuya, Shinjuku-ku, Tokyo Japan


Yoshiki Oketani


President


 


/s/ Yoshiki Oketani