alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
GB 01.03.2014 EX 10.2




EXHIBIT 10.2


AMENDMENT
TO
GREATBATCH, INC. 1998 STOCK OPTION PLAN
This Amendment (“Amendment”) to the Greatbatch, Inc. 1998 Stock Option Plan (the “Plan”) is made effective August 5, 2013, by action of the Compensation Committee of the Board of Directors of Greatbatch, Inc. (the “Company”).
WHEREAS, the Committee has determined that this Amendment is in the best interests of Plan participants and the Company;
THEREFORE, the Committee hereby amends the Plan as follows:
		
	1.
	Notwithstanding anything to the contrary in the Plan or any award agreement delivered under the Plan:


(a)    upon an Optionholder’s termination of employment with the Company by reason of death, disability (as defined in the Plan) or Retirement (as defined below) the right to exercise all outstanding Options held by such Optionholder shall automatically accelerate and remain exercisable for the period of exercisability specified in the Plan (as amended hereby);
(b)    the period of time after the date of termination of employment by reason of the Optionholder’s disability (as defined in the Plan) that such Optionholder shall have the right to exercise Options granted under the Plan is at any time up to twelve (12) months after such termination of employment; and
(c)    the period of time after the date of termination of employment by reason of the Optionholder’s Retirement that such Optionholder shall have the right to exercise Options granted under the Plan is at any time up to thirty-six (36) months after such termination of employment.  For purposes of this Amendment, “Retirement” means an Optionholder’s voluntary termination of employment occurring on or after such time as such Optionholder has attained 59.5 years of age with a combination of age and length of Company service equal to or exceeding 69.5 years.
		
	2.
	All Options granted under the Plan and any shares acquired on exercise thereof (or cash proceeds received on sale of such shares) shall be subject to any applicable clawback, recoupment or similar policy, and any share retention or minimum holding guidelines or requirements, implemented by the Company or required by applicable law, as in effect from time to time.


		
	3.
	All capitalized terms used but not defined in this Amendment but defined in the Plan shall have the meanings given them therein.


		
	4.
	Except to the extent amended hereby, the terms and conditions of the Plan and each award agreement delivered under the Plan remain in full force and effect, including, without limitation, the condition that an Option shall not be exercisable after the expiration of ten (10) years from the date such Option is granted.
#### Lee Roy HAMPTON v. STATE of Mississippi.

No. 46110.

Supreme Court of Mississippi.

Dec. 14, 1970.

Rehearing Denied Jan. 11, 1971.

Mullins & Smith, George F. West, Jr., Natchez, for appellant.

A. F. Summer, Atty. Gen., by Timmie Hancock, Spec. Asst. Atty. Gen., Jackson, for appellee.

INZER, Justice:

Appellant Lee Roy Hampton was indicted, tried and convicted in the Circuit Court of Adams County for the crime of manslaughter by culpable negligence. He was sentenced to serve a term of five years in the State Penitentiary, and from this conviction and sentence he appeals. We affirm.

The evidence on behalf of the state established that appellant was operating a motor vehicle on the wrong side of the highway while in an intoxicated condition, and as a result thereof, his vehicle collided with the vehicle in which Mrs. Jamie Lou Nettles was a passenger. As a result of the collision, Mrs. Nettles was killed. Appellant left the scene of the accident and was apprehended a short time later. Appellant admitted that he was driving one of the vehicles involved in the accident but denied that he was driving on the wrong side of the road or that he was intoxicated.

We have carefully examined the errors assigned as grounds for reversal of this case, and we find no reversible error in this record. The proof on behalf of the state was sufficient to justify the jury in finding the defendant guilty and its verdict is not against the overwhelming weight of the evidence. The error, if any, in the instructions to the jury was harmless under the facts and circumstances of this case.

There being no reversible error, this case is affirmed.

Affirmed.

ETHRIDGE, C. J., and RODGERS, JONES and BRADY, JJ., concur.
# Službeni list C 246E/2013

| | ISSN 1977-1088
  doi:10.3000/19771088.CE2013.246.hrv |
| --- | --- |
| Službeni list
  Europske unije | C 246E |
| | |
| Hrvatsko izdanje | Informacije i objave | 5627. kolovoza 2013. |

ISSN 1977-1088

doi:10.3000/19771088.CE2013.246.hrv

Službeni list

Europske unije

C 246E

Hrvatsko izdanje

Informacije i objave

5627. kolovoza 2013.

---

| Obavijest br. | Sadržaj | Stranica |
| --- | --- | --- |
| | |
| | OBAVIJESTI INSTITUCIJA, TIJELA, UREDA I AGENCIJA EUROPSKE UNIJE |
| | Europski parlament |
| 2013/C 246E/01 | Obavijest za čitatelje | 1 |

Obavijest br.

Sadržaj

Stranica

OBAVIJESTI INSTITUCIJA, TIJELA, UREDA I AGENCIJA EUROPSKE UNIJE

Europski parlament

2013/C 246E/01

Obavijest za čitatelje

1

| HR | |
| --- | --- |

HR

---

OBAVIJESTI INSTITUCIJA, TIJELA, UREDA I AGENCIJA EUROPSKE UNIJE

Europski parlament

| 27.8.2013 | HR | Službeni list Europske unije | CE 246/1 |
| --- | --- | --- | --- |

27.8.2013

HR

Službeni list Europske unije

CE 246/1

---

OBAVIJEST ZA ČITATELJE

Rezolucije Europskog parlamenta objavljene u drugim jezičnim verzijama u ovom izdanju Službenog lista usvojene su prije pristupanja Hrvatske Europskoj uniji te stoga nisu prevedene na hrvatski.

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06/30/2009 Page 1 of 1 

 

POST FOCUS EXPOSURE REPORT 

Case Number: P090253 Assessor: 

Flessner 

ENVIRONMENTAL RELEASES 

Scenario#: Number of Release Sites: 

Release Activity: 

Release Description: WATER LANDFILL INCINER LAND/INCIN FUGITIVE 

Total Releases: 

(kg/yr) (kg/yr) (kg/yr) (kg/yr) (kg/yr) 

Release Days/yr: 

Per Site Release: 

(kg/day) (kg/yr) (kg/yr) (kg/yr) (kg/day)
**Exhibit 10.20**

 

**THIRD AMENDMENT TO**

**BJ SERVICES COMPANY**

**1999 EMPLOYEE STOCK PURCHASE PLAN**

 

WHEREAS, BJ SERVICES COMPANY (the “Company”) has heretofore adopted the BJ SERVICES COMPANY 1999 EMPLOYEE STOCKPURCHASE PLAN (the “Plan”); and 

 

**WHEREAS**, theCompany desires to amend the Plan in certain respects; 

 

**NOW,THEREFORE**, the Plan shall be amended as follows, effective as of September 1, 2001: 

 

1. The fifth sentence of subparagraph 5(f) of the Plan shall be deleted and the following shall be substituted therefor: 

 

“Further, notwithstanding the preceding provisions of this subparagraph 5(f), if a participant takes a leave of absence that isdescribed in the first or third sentence of this subparagraph 5(f) and such leave of absence exceeds the Maximum Period, then he shall be considered to have withdrawn from the Plan pursuant to the provisions of paragraph 7 hereof and terminated hisemployment for purposes of the Plan on the day immediately following the last day of the Maximum Period. For purposes of the preceding sentence, the term “Maximum Period” shall mean, with respect to a participant, the 90-day periodbeginning on the first day of the participant’s leave of absence; provided, however, that if the participant’s right to reemployment by the Company (or a parent or subsidiary corporation of the Company) is guaranteed either by statute orcontract, then such 90-day period shall be extended until the last day upon which such reemployment rights are so guaranteed.” 

 

2. As amended hereby, the Plan is specifically ratified and reaffirmed.
[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Notices]
[Page 6963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3704]


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

DEPARTMENT OF ENERGY
[Docket No. ER96-2703-000]


Citizens Utilities Company; Notice of Filing

February 10, 1997.
    Take notice that on January 13, 1997, Citizens Utilities Company 
tendered for filing an amendment in the above-referenced docket.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before February 21, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-3704 Filed 2-13-97; 8:45 am]
BILLING CODE 6717-01-M
May 7, 2010 

By e-mail: expartecommunications@hq.doe.gov

Daniel Cohen 

Assistant General Counsel for Legislation and Regulatory Law 

Office of the General Counsel 

Department of Energy 

1000 Independence Avenue, SW 

Washington, DC 20585–0121 

Re: Ex Parte Memorandum

Dear Mr. Cohen: 

On Wednesday, May 5, 2010, representatives from various signatories to the consensus 

agreement1 met with representatives from the Department of Energy. Advocates for the 

consensus agreement urged the Department of Energy to adopt the entire agreement, except 

provisions relating to building codes which require congressional action. The parties also 

discussed the need to develop effective enforcement mechanisms in general, and in particular if 

the Department of Energy decides to adopt regional standards for the residential heating and 

cooling systems covered by the consensus agreement. 

Advocates for the consensus agreement included Kit Kennedy and Kate Houren of the Natural 

Resources Defense Council; Tim Ballo of Earthjustice; Andrew deLaski of the Appliance 

Standards Awareness Project; Steve Nadel of the American Council for an Energy-Efficient 

Economy; Karen Meyers of Rheem Manufacturing Company; Karim Amrane, Joseph Mattingly 

and David Calabrese of the Air-Conditioning, Heating, and Refrigeration Institute; John Mandyck 

of Carrier Corporation; Jeffrey Harris of the Alliance to Save Energy; Jim VerShaw of Trane 

International, Incorporated; two representatives of Lennox International, Incorporated; and 

Dennis Beck of the California Energy Commission (by phone). 

Representatives from the Department of Energy included Scott Blake Harris, Stephanie Weiner, 

Roland Risser, Bryan Miller, and Michael McCabe, in addition to three other representatives 

who arrived after the meeting introductions were completed. 

Respectfully submitted, 

 

1

 Agreement on Legislative and Regulatory Strategy for Amending Federal Energy Efficiency Standards, 

Test Procedures, Metrics and Building Code Provisions for Residential Air Conditioners, Heat Pumps, 

Weatherized and Non-Weatherized Furnaces and Related Matters, Oct. 13, 2009, at 

http://aceee.org/buildings/Furnace-ACAgreement.pdf. 

EERE-2008-BT-STD-0006 COMMENT 78
Kate Houren 

Legal Fellow* 

Natural Resources Defense Council 

1200 New York Ave., NW, Suite 400 

Washington, DC 20005 

(202) 513-6267

khouren@nrdc.org 

*Admitted to practice in New York, not yet admitted to practice in Washington, DC 

EERE-2008-BT-STD-0006 COMMENT 78
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   9-Mos
<FISCAL-YEAR-END>                              Dec-31-1999
<PERIOD-START>                                 Jan-01-1999
<PERIOD-END>                                   Sep-30-1999
<CASH>                                         1,561,810
<SECURITIES>                                   0
<RECEIVABLES>                                  79,323
<ALLOWANCES>                                   0
<INVENTORY>                                    1,754,703
<CURRENT-ASSETS>                               3,552,402
<PP&E>                                         1,056,524
<DEPRECIATION>                                 704,033
<TOTAL-ASSETS>                                 5,425,792
<CURRENT-LIABILITIES>                          768,710
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       50,353
<OTHER-SE>                                     19,501,837
<TOTAL-LIABILITY-AND-EQUITY>                   5,425,792
<SALES>                                        2,111,853
<TOTAL-REVENUES>                               2,185,452
<CGS>                                          697,637
<TOTAL-COSTS>                                  697,637
<OTHER-EXPENSES>                               2,877,960
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (1,390,145)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,390,145)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,390,145)
<EPS-BASIC>                                    (0.28)
<EPS-DILUTED>                                  (0.28)




</TABLE>
ORIGINAL 


FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 

CASE NAME 

NOTICE OF APPEARANCE 

LE/DOCKET NUMBER 

the Malter of McWane, Inc. and Star Pipe Products, Ltd. 

Pursuant to Section 4.1 of the Commission's Rules of Practice, I (we) am (are) enterin 

proceeding the appearance of 

[] counsel supporting the complaint (Complete Items 1, 3, 4, and 5 below) 

J' counselor representative for the respondent (Complete Items 1, 2, 4, and 5 below) 

IE counselor representative for a third party (Complete Items 1, 2, 4, and 5 below) 

Include the name, address, email address, and telephone number of each Include the address and telephone numbers of all persons, partnerships, 

counselor representative entering an appearance in the above proceeding, corporations, or associations on whose behalf this Notice of Appearance 

is being filed. 

Kristina Van Horn, Esq. Ferguson Enterprises, Inc., a Wolseley company 


HUNTON & WILLIAMS LLP 
 12500 Jefferson Avenue 


1751 Pinnacle Drive, Suite 1700 
 Newport News, VA 23602 USA 

McLean, VA 22102 (757) 989-2320 

kvanhorn@hunton.com 

(703) 714-7525 

3. ASSOCIATE/ASSISTANT DIRECTOR 

4. SIGNATURE OF SENIOR COUNSEL 5. DATE SIGNED 

~)-}/ul".,,.__ 17/27/2012 

Return Federal Trade Commission this form to: 

Room H-113 

600 Pennsylvania Avenue, N.W. 

Washington, D.C. 20580 

FTC Form 232 (rev. 7/11) 

I
#### Jason WIMBERLY and Carolyn Wimberly, Appellants, v. SOUTHEAST MORTGAGE COMPANY, a Florida corporation, Appellee.

No. 73-1271.

District Court of Appeal of Florida, Fourth District.

March 29, 1974.

PER CURIAM.

Affirmed.
No. 10248.

#### Burt et al. *v.*Owens.

Decided March 24, 1908.

Error to Circuit Court of Licking county.

*Messrs. Smythe & Smythe,*for plaintiffs in error.

*Mr. John M. Swartz*and *Messrs. Kibler & Montgomery,*for defendant in error.

Judgment affirmed.

Si-iauck, C. J., Crew and Spear, JJ., concur.
Exhibit 10.12


TradeDoubler Terms


 


 


1. The conditions of remuneration for each Publisher Program
are published on TradeDoubler's website and shall apply at all times. The Publisher therefore agrees to "self-billing",
which means that TradeDoubler will create the invoice on behalf of the Publisher. VAT (if applicable) is added to the remuneration
shown on TradeDoubler's website.


 


2. Subject to clause 5.3, payment of accumulated remuneration
to the Publisher shall be made monthly in arrears provided that the Publisher has generated valid Traffic and that TradeDoubler
has received payment from each company with whose Publisher Program the Publisher has registered.


 


3. Payment of remuneration will only be made if two months
prior to the payment date the Publisher is due an amount of at least £30 and if TradeDoubler has received full payment for
these transactions. An amount due of less than £30 will be accumulated to the next payment and will be included in the amount
to be paid out at the next payment date, again provided that the minimum amount of at least £30 is due two months prior to
that payment date. All payments are calculated upon the total Traffic generated up to the end of two months prior to the month
of payment. Accumulated amounts do not accrue any interest.


 


4. Nothing in this Agreement shall create or be deemed
to create, a partnership or relationship of employer and employee between TradeDoubler and the Publisher.


 


5. Payment to the Publisher will be made direct to the
Publisher's bank account. The Publisher must specify on TradeDoubler's website details of his bank account (including name and
branch of the bank, sort code of the branch and the Publisher's account number).


 


6. The Publisher is responsible for the payment of all tax and national
insurance payable on any payments made to him by TradeDoubler.
##### 



Exhibit 10.5
 PetSmart, Inc.
  2002 EMPLOYEE STOCK PURCHASE PLAN
Amended and Restated Effective August 1, 2008
 - i -




---



##### 



PetSmart, Inc.
EMPLOYEE STOCK PURCHASE PLAN
 TABLE OF CONTENTS
 1.
    
    Purpose
    
    
    32.
    
    Definitions
    
    
    33.
    
    Administration
    
    
    54.
    
    Shares Subject to the Plan
    
    
    55.
    
    Eligible Employees
    
    
    66.
    
    Grant of Rights; Offering
    
    
    67.
    
    Participation
    
    
    68.
    
    Purchase
    
    
    79.
    
    Limitation on Participation Rights; Maximum Number of Shares Purchasable
    
    
    710.
    
    Purchase Price
    
    
    811.
    
    Withdrawal; Termination
    
    
    812.
    
    Use of Proceeds From Stock
    
    
    913.
    
    Rights as a Stockholder
    
    
    914.
    
    Adjustments Upon Changes in Stock
    
    
    915.
    
    Amendment of the Plan
    
    
    1016.
    
    Termination or Suspension of the Plan
    
    
    1017.
    
    Arbitration of Disputes
    
    
    1118.
    
    Effective Date of Plan
    
    
    1119.
    
    Notices and Agreements
    
    
    1120.
    
    Exercise Contingent on Stockholder Approval
    
    
    1121.
    
    Offering Subject to Plan
    
    
    1122.
    
    Registration of Shares
    
    
    12




---



##### 



PetSmart, Inc.
2002 EMPLOYEE STOCK PURCHASE PLAN
Amended and Restated Effective August 1, 2008
 1.
    
    Purpose
    2.
    
    Definitions
           -3-




---



##### 



-4-




---



##### 



3.
    
    Administration
        -5-




---



##### 



4.
    
    Shares Subject to the Plan
   5.
    
    Eligible Employees
   6.
    
    Grant of Rights; Offering
   7.
    
    Participation
  -6-




---



##### 



8.
    
    Purchase
    -7-




---



##### 



9.
    
    Limitation on Participation Rights; Maximum Number of Shares Purchasable
      10.
    
    Purchase Price
    -8-




---



##### 



11.
    
    Withdrawal; Termination
    12.
    
    Use of Proceeds From Stock
  13.
    
    Rights as a Stockholder
  14.
    
    Adjustments Upon Changes in Stock
  -9-




---



##### 



15.
    
    Amendment of the Plan
    -10-




---



##### 



16.
    
    Termination or Suspension of the Plan
   17.
    
    Arbitration of Disputes
 EXPRESSLY AGREE TO ARBITRATION AND
WAIVE ANY RIGHT TO TRIAL BY JURY, JUDGE, OR ADMINISTRATIVE PROCEEDING.
 18.
    
    Effective Date of Plan
  19.
    
    Notices and Agreements
  20.
    
    Exercise Contingent on Stockholder Approval
  -11-




---



##### 



21.
    
    Offering Subject to Plan
  22.
    
    Registration of Shares
  PetSmart, Inc., a Delaware corporationBy:Name:
    Philip L. FrancisIts:
    Chairman and Chief Executive OfficerBy:Name:
    Scott A. CrozierIts:
    Senior Vice President, General Counsel andSecretary -12-




---



##### 



Appendix A  Designated Affiliates
 -13-
UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

__________________________________________

)

In the Matter of )

)

CHICAGO BRIDGE & IRON COMPANY N.V., )

)

a foreign corporation, )

)

CHICAGO BRIDGE & IRON COMPANY, )

)

a corporation, ) Docket No. 9300

)

and )

)

PITT-DES-MOINES, INC., )

)

a corporation. )

__________________________________________)

RESPONDENTS’ MOTION TO STRIKE TRIAL TESTIMONY RELATING TO 

EXHIBITS CX 1577 AND CX 1578

Respondents (“CB&I”) respectfully request that the Court enter an Order

striking/disregarding testimony elicited by Complaint Counsel on cross examination of

Respondents’ expert, Dr. Barry Harris. In support of its motion, Respondents state the 

following:

1. On Friday, January 10, 2002, Complaint Counsel posed questions to Dr. 

Barry Harris on cross-examination relating to the depositions taken of an expert witness not 

called by Respondents, John Vaughn.

2. The Court provisionally permitted Complaint Counsel to pose these

questions, pending his ruling on a motion previously filed by Respondents requesting that the 

exhibits be removed from JX 7. (Tr. 7612:17-7613:5). The Court noted that if it ruled on favor 

of Respondents it would accept a motion requesting that the testimony be disregarded. Id.
3. After the lunch break on January 10, 2003, the Judge gave his ruling on 

the Respondents’ Motion to Withdraw Inadvertently Stipulated Documents from Evidence and 

ruled that Respondents may withdraw CX 1577 and CX 1578 from the aforementioned JX. (Tr. 

7666:1-7673:13).

WHEREFORE, Respondents respectfully request that the following portions of 

the trial transcript be striken/disregarded:

Trial Tr. 7600:19-7601:8; 7603:1-19; 7604:15-7605:8; 7616:11-13; 7618:9-20; 7619:9-10; 

7619:18-7622:5; 7624:20-7625:11; 7629:18-7630:5.

Dated: January 13, 2003 Respectfully submitted,

 ______________________________

Duane M. Kelley

Jeffrey A. Leon

Greg J. Miarecki

Winston & Strawn

35 W. Wacker Drive

Chicago, IL 60601-9703

(312) 558-5600 (voice)

(312) 558-5700 (fax)

dkelley@winston.com

jleon@winston.com

gmiareck@winston.com

Counsel for Respondents

Chicago Bridge & Iron Company N.V.

 and Pitt Des-Moines, Inc.
CERTIFICATE OF SERVICE

I, David E. Dahlquist, hereby certify that on this 13th day of January, 2003, I 

served a true and correct copy of Respondent’s Motion to Strike Trial Testimony Relating to 

Exhibits CX 1577 and CX 1578, by hand delivery upon:

The Honorable D. Michael Chappell

Administrative Law Judge

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

(two copies)

Rhett Krulla

Acting Assistant Director

Bureau of Competition

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Room S-3602

Washington, D.C. 20580

Steven L. Wilensky

Federal Trade Commission

601 Pennsylvania Avenue, N.W.

Room S-3618

Washington, D.C. 20580

David E. Dahlquist