alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.28



 Exhibit 10.28 
  





 
 June 5, 2013 
 Ann
Tsukamoto, Ph.D. 
 XXXXX 
 XXXXX 

Dear Ann: 
 I am delighted to now formally offer you the newly
created position of Executive Vice President, Scientific and Strategic Alliances of StemCells, Inc., with effect beginning June 6, 2013 (your “appointment date”), and subject to the following. For your convenience, I have attached a
copy of the document previously shared with you describing the duties and responsibilities attached to this position. 
 Upon receipt of your written
acceptance of this employment offer, your salary would increase from $335,000 to $350,000 per annum beginning on the appointment date. A target bonus of 40% of your base salary would still apply consistent with the Company’s practices. You
would also receive, as of your appointment date, a new equity award under the Company’s 2006 Equity Plan in the form of 280,000 restricted stock units (RSUs) vesting in four equal installments over the next four years. As of today’s date,
the current market value of this new award would be approximately $501,200 (280,000 x $1.79 per share). Furthermore, I am confirming our understanding that, if you accept this new appointment, any involuntary termination of your employment
associated with a change of control of the Company will trigger immediate vesting of any unvested stock award held by you on the date of termination. All other terms and conditions of your employment would remain unchanged. In this new position, you
would continue to report directly to me. 
 Ann, as I have said many times before, your leadership of the R&D function here at the Company, from its
founding days to the present, has been instrumental in STEM’s emergence as the leading stem cell therapy company focused on diseases and disorders of the CNS. I firmly believe that the combination of your expertise and knowledge in the field of
stem cell science, combined with the very valuable experience you have gained over the past 15 years at STEM, has prepared you well for the new and exciting challenges that await you in the new position of EVP, Scientific and Strategic Alliances.

 I look forward to working with you in this new role, as you help position STEM for the exciting road ahead! 

 

	
	With kind regards,
	
	/S/ Martin
	
	Martin
	
	Acknowledged and agreed:
	
	/s/ Ann Tsukamoto
	Ann Tsukamoto
	Date: 6/5/2013
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                                     <C>  
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                       JAN-03-1998
<PERIOD-START>                          DEC-29-1996
<PERIOD-END>                            JUN-28-1997
<CASH>                                    1,613,000
<SECURITIES>                                      0
<RECEIVABLES>                            21,037,000
<ALLOWANCES>                                336,000
<INVENTORY>                              13,008,000
<CURRENT-ASSETS>                         38,454,000
<PP&E>                                   52,350,000
<DEPRECIATION>                           37,013,000
<TOTAL-ASSETS>                           54,643,000
<CURRENT-LIABILITIES>                    17,004,000
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                    555,000
<OTHER-SE>                               34,112,000
<TOTAL-LIABILITY-AND-EQUITY>             54,643,000
<SALES>                                  61,910,000
<TOTAL-REVENUES>                         61,910,000
<CGS>                                    45,443,000
<TOTAL-COSTS>                            45,443,000
<OTHER-EXPENSES>                         10,743,000
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                          133,000
<INCOME-PRETAX>                           5,591,000
<INCOME-TAX>                              2,065,000
<INCOME-CONTINUING>                       3,526,000
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                              3,526,000
<EPS-PRIMARY>                                  0.62
<EPS-DILUTED>                                  0.62
        

</TABLE>
<PAGE>



                                                                    Exhibit 32.1

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

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C Section 1350, and accompanies the quarterly report on Form
10-Q for the quarter ended June 30, 2004, (the "Form 10-Q") of North Country
Financial Corporation (the "Issuer").

      I, C. James Bess, President and Chief Executive Officer of the Issuer,
certify that:

      (1)   The Form 10-Q fully complies with the requirements of Section 13(a)
            or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
            78m(a) or 78o(d)); and

      (2)   The information contained in the Form 10-Q fairly presents, in all
            material respects, the financial condition and results of operation
            of the Issuer.


/s/ C. James Bess
----------------------------------------
C. James Bess
President and Chief Executive Officer
(chief executive officer)
August 9, 2004


                                                                             39.
REGULATORY EVALUATION

Directorate Identifier: 2013-NM-176-AD

Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES ( ) explain NO (X)

DOT Regulatory Policies and Procedures:

Is the AD significant?

YES ( ) explain NO (X)

Regulatory Flexibility Act:

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

YES ( ) explain NO (X)

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?

YES ( ) explain NO (X)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          11,268
<SECURITIES>                                         0
<RECEIVABLES>                                   94,699
<ALLOWANCES>                                     1,157
<INVENTORY>                                     78,410
<CURRENT-ASSETS>                               193,592
<PP&E>                                         363,864
<DEPRECIATION>                                 172,877
<TOTAL-ASSETS>                                 461,534
<CURRENT-LIABILITIES>                          107,150
<BONDS>                                         76,732
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        20,614
<OTHER-SE>                                     221,594
<TOTAL-LIABILITY-AND-EQUITY>                   461,534
<SALES>                                        154,207
<TOTAL-REVENUES>                               158,498
<CGS>                                          118,214
<TOTAL-COSTS>                                  118,214
<OTHER-EXPENSES>                                 1,353
<LOSS-PROVISION>                                   136
<INTEREST-EXPENSE>                               1,766
<INCOME-PRETAX>                                 20,531
<INCOME-TAX>                                     8,000
<INCOME-CONTINUING>                             12,789
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,789
<EPS-PRIMARY>                                     0.61
<EPS-DILUTED>                                     0.61
        

</TABLE>
[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Rules and Regulations]
[Page 9110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4868]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1319

[STB Ex Parte No. 598]


Exemption of Freight Forwarders in the Noncontiguous Domestic 
Trade From Rate Reasonableness and Tariff Filing Requirements

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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

SUMMARY: The Board exempts freight forwarders in the noncontiguous 
domestic trade from tariff filing requirements. This action eliminates 
an unnecessary regulatory burden and should provide freight forwarders 
with additional flexibility to meet the needs of their customers.

EFFECTIVE DATE: These rules are effective March 30, 1997.

FOR FURTHER INFORMATION CONTACT: James W. Greene, (202) 927-5612. [TDD 
for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The Board's decision adopting these 
regulations is available to all persons for a charge by phoning DC NEWS 
& DATA, INC., at (202) 289-4357.

Small Entities

    The Board certifies that this rule will not have a significant 
economic effect on a substantial number of small entities. The rule 
removes an unnecessary regulatory burden and, to the extent that it 
affects small entities, the effect should be favorable.

Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1319

    Exemptions, Freight forwarders, Tariffs.

    Decided: February 13, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Board adds a new 
part 1319 to title 49, chapter X, of the Code of Federal Regulations to 
read as follows:

PART 1319--EXEMPTIONS

Sec.
1319.1  Exemption of freight forwarders in the noncontiguous 
domestic trade from tariff filing requirements.

    Authority: 49 U.S.C. 721(a) and 13541.

Sec. 1319.1  Exemption of freight forwarders in the noncontiguous 
domestic trade from tariff filing requirements.

    Freight forwarders subject to the Board's jurisdiction under 49 
U.S.C. 13531 are exempted from the tariff filing requirements of 49 
U.S.C. 13702.

[FR Doc. 97-4868 Filed 2-27-97; 8:45 am]
BILLING CODE 4915-00-P
Exhibit 10.25

 

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

 

This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“this Amendment”) is entered into as of February 19, 2014, by and among Florida East Coast Railway L.L.C., a Florida limited liability company (the “Company”), Florida East Coast Railway Corp. (f/k/a FECR Rail Corp), a Delaware corporation (“FECR”) and John A. Brenholt (“Executive”).  Where the context permits, references to “the Company” shall include the Company and any successor of the Company.

 

WHEREAS, the parties entered into an employment agreement dated as of November 8, 2010;

 

WHEREAS, the parties desire to amend the employment agreement as set forth herein.

 

NOW, THEREFORE, in light of the foregoing and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

 

1.              Under Section 3(b) of the Employment Agreement the Annual Bonus limitation is hereby deleted and replaced with the following: “in no event shall the Annual Bonus received exceed 200% of the Base Salary”.

 

Except as expressly stated above, all terms, conditions and obligations contained in the Employment Agreement shall remain in full force and effect and shall have the same effect as if repeated herein in their entirety.

 

	
 
    	
 
    
	
 
    	
FLORIDA EAST COAST RAILWAY L.L.C.
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/ James R. Hertwig
    
	
 
    	
 
    	
Name: James R. Hertwig
    
	
 
    	
 
    	
Title: Chief Executive Officer and President
    
	
 
    	
 
    
	
 
    	
FLORIDA EAST COAST RAILWAY CORP.
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/ James R. Hertwig
    
	
 
    	
 
    	
Name: James R. Hertwig
    
	
 
    	
 
    	
Title: Chief Executive Officer and President
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
EXECUTIVE
    
	
 
    	
 
    
	
 
    	
/s/ John A. Brenholt
    
	
 
    	
John A. Brenholt
DATE 

TIME 

Total Hydrocarbons 

Methane 

Non-Methane Hydrocarbons 

Vinyl Chloride 

Oxygen 

Carbon Dioxide 

Stack Gas Moisture 

Stack Gas Temperature 

Stack Gas Velocity 

Stack Gas Flow Rate 

Stack Gas Flow Rate 

ETS Project No. 11080 

TABLE II 

EMISSION TEST RESULTS 

SHINTECH LOUISIANA LLC 

PLAQUEMINE PLANT 

GTO-A OUTLET 

RUN2 

5-Aug-11 

1320-1730 

PPMv@ 3% 02 as propane 30.68 

lb/hr 0.53262 

PPMv@3%02 30.27 

lb/hr 0.51332 

PPMv@ 3% 02 as propane 0.41 

lb/hr 0.01930 

PPBv@3%02 < 32 

lb/hr < 0.0021 

Vol% dry 7.07 

Vol% dry 9.1 

Vol% 15.290 

F 259.8 

ftlsec 8.43 

acf7min 14147.2 

dscf/min 8790.1 

RUN3 

6-Aug-11 

0740-ll45 

35.95 

0.64943 

35.42 

0.62387 

0.53 

0.02556 

< 31 

< 0.0022 

6.66 

9.3 

15.055 

251.3 

8.36 

14040.5 

8867.3 

RUN4 AVERAGE 

6-Aug-11 

1300-1705 

34.19 33.61 

0.56339 0.58181 

33.68 33.12 

0.54071 0.55930 

0.51 0.48 

0.02268 0.02251 

< 31 < 31 

< 0.0022 < 0.0022 

6.42 6.72 

9.0 9.1 

14.583 14.976 

252.3 254.5 

8.39 8.39 

14079.6 14089.1 

8930.8 8862.7 

2.3.1
i .. · 

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[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Notices]
[Page 8778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4725]



[[Page 8778]]

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


DEPARTMENT OF LABOR

TA-W-32, 238, Vishay-Sprague Incorporated Sanford, Maine; 
Including Leased Workers of Manpower Technical Portland, Maine; and 
Leased Workers of Manpower Springvale, Maine; Amended Certification 
Regarding Eligibility to Apply for Worker Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 USC 
2273) the Department of Labor issued a Certification of Eligibility to 
Apply for Worker Adjustment Assistance on May 15, 1996, applicable to 
all workers of Vishay-Sprague Incorporated located in Sanford, Main. 
The notice was published in the Federal Register on June 6, 1996 (61 FR 
28900).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. New information provided 
by the State shows that some employees of Manpower Technical, Portland, 
Maine and Manpower, Springvale, Maine were engaged in employment 
related to the production of solid tantalum capacitors produced by 
Vishay-Sprague in Sanford, Maine. Worker separations occurred at 
Manpower Technical and Manpower as a result of worker separations at 
Vishay-Sprague.
    Based on these findings, the Department is amending the 
certification to include workers of Manpower Technical, Portland, Maine 
and Manpower, Springvale, Maine leased to Vishay-Sprague. The intent of 
the Department's certification is to include all workers of Vishay-
Sprague adversely affected by imports.
    The amended notice applicable to TA-W-32, 238 is hereby issued as 
follows:

    All workers of Vishay-Sprague Incorporated, Sanford, Maine 
engaged in employment related to the production of solid tantalum 
capacitors; and leased workers of Manpower Technical, Portland, 
Maine and Manpower, Springvale, Maine engaged in employment related 
to the production of solid tantalum capacitors for Vishay-Sprague 
Incorporated, Sanford, Maine, who became totally or partially 
separated from employment on or after April 3, 1995, are eligible to 
apply for adjustment assistance under Section 223 of the Trade Act 
of 1974.

    Signed at Washington, D.C. this 6th day of February 1997.
Russell T. Kile,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 97-4725 Filed 2-25-97; 8:45 am]
BILLING CODE 4510-30-M
**IN THE SUPREME COURT OF TEXAS**

No. 04-1023

IN RE  ALLIED CHEMICAL CORPORATION, ET AL.

On Petition for Writ of Mandamus

**ORDERED:**

1.Relators’ motion to stay consolidated trial setting and docket control order, filed March 7, 2005, is granted.   All underlying proceedings are stayed in Cause No. C-4885-99-F, styled *Alicia Acevedo, et al. v. Union Pacific Railroad Company, et al.*, in the 332nd District Court of Hidalgo County, Texas, pending further order of this Court.

Done at the City of Austin, this March 28, 2005.

Andrew Weber, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk
No. 10329.

#### The Toledo, Bowling Green & Southern Traction Co. *v.*Child.

Decided May 26, 1908.

Error to Circuit Court of Hancock county.

*Messrs. J. A. & E. V. Bope,*for *430plaintiff in error.

*Mr. A. G. Fuller*and *Messrs. Poe & Poe,*for defendant in error.

Judgment affirmed.

Price, C. J., Shauck, Crew, Summers, Spear and Davis, JJ., concur.
#### Robert ARMSTRONG, Appellant, v. Jose BANA and Providence Washington Insurance Company, Appellees.

No. 71-916.

District Court of Appeal of Florida, Third District.

Feb. 15, 1972.

Savitt & Kotzen, North Miami Beach, and Stan L. Riskin, North Miami, for appellant.

Hawkesworth & Kay, and E. James Schmick, Miami, for appellees.

Before CHARLES CARROLL, HEN-DRY and BARKDULL, JJ.

PER CURIAM.

Appellant, plaintiff in the trial court, appeals from a summary judgment in favor of the appellee, Providence Washington Insurance Company.

The plaintiff filed a personal injury action, as a result of an automobile accident, against Jose Bana as the alleged tort fea-sor, and also named the appellee insurance company as a defendant as the liability carrier for Bana. After the taking of depositions, the insurance carrier moved for a summary judgment contending that its insured [Bana] refused to cooperate and therefore it was prejudiced and was entitled to deny coverage, citing Tiedke v. Fidelity and Casualty Company of New York, Fla.1969, 222 So.2d 206; Swiss Na*42tional Insurance Company v. Martorella, Fla.App.1970, 239 So.2d 144, to which the trial court agreed and entered the summary judgment under review.

It is apparent from this record that there is a bona fide dispute as to cooperation by the insured with the insurance carrier, which might excuse coverage on the part of the carrier if it has been prejudiced by such failure of cooperation. However, we do not believe that this record establishes sufficiently, for the purpose of a summary judgment, that the carrier has been prejudiced by such failure of cooperation.

Therefore, we reverse the summary judgment in favor of the insurance carrier and return the matter to the trial court with directions [if moved for] to grant severance to the carrier on the issue of coverage, pursuant to Stecher v. Pomeroy, Fla.1971, 253 So.2d 421.

Reversed and remanded, with directions.
<PAGE>   1
                                  EXHIBIT 23


                        INDEPENDENT AUDITORS' CONSENT






The Board of Directors
Oxford Health Plans, Inc.:

We consent to the incorporation by reference in the registration statements
(Nos. 33-92006 and 333-2464) on Form S-3 and the registration statements (Nos.
33-70908, 33-49738, 33-94242 and 333-988) on Form S-8 of Oxford Health Plans,
Inc. of our report dated February 23, 1998, except as to the last paragraph of
note 15, which is as of March 30, 1998, relating to the consolidated balance 
sheets of Oxford Health Plans, Inc. and subsidiaries as of December 31, 1997 
and 1996 and the related consolidated statements of operations, shareholders' 
equity and cash flows for each of the years in the three-year period ended 
December 31, 1997, which report appears in the December 31, 1997 annual report 
on Form 10-K/A of Oxford Health Plans, Inc.


                                                KPMG Peat Marwick LLP



Stamford, Connecticut
April 2, 1998