alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1

                                                                   EXHIBIT 10.66

                               LEASE MODIFICATION
                                    AGREEMENT

                                  JULY 1, 1990



<PAGE>   2

                          LEASE MODIFICATION AGREEMENT

        AGREEMENT made as of the 1st day of July, 1990, by and among Hirschfeld
Realty Cub Corporation, a New York corporation ("Hirschfeld") and 328 E. 61
Corp., a New York corporation ("328" and, together with Hirschfeld, being
hereinafter collectively referred to as "Landlord"), As landlord, and Vertical
Fitness and Racquet Club, Ltd., a New York corporation, as Tenant ("Tenant").

                              W I T N E S S E T H :

        WHEREAS, Landlord and Tenant executed a certain amended and restated
lease, dated as of March 26, 1985, (the "Lease") covering the premises therein
defined ("Demised Premises"); and

        WHEREAS, Landlord and tenant are mutually desirous of modifying the
Lease upon the terms and subject to the conditions set forth in this settlement.

        NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants contained herein, the parties hereto hereby mutually agree as follows:

        1. The Demised Premises shall no longer include the basement floor at
328 East 61st Street; New York, New York, exclusive of mechanical equipment
areas and elevator shaft. It is the express intention of the parties that such
excluded space (the "Garage") shall be the same space which was occupied by the
former garage Tenant until June 30, 1990.

        2. All references in the Lease to the garage premises and the and the
site thereof shall be deemed deleted and of no further force or affect. The
parties acknowledge that Hirschfeld shall have the sole right and responsibility
to enter into leases and/or management agreements covering the Garage and to
deal with the tenants and/or managers of the Garage, subject, however, to
Tenant's continued rights to free access to its elevators, stairs, machinery and
equipment in and through the garage, provided same does not unreasonably
interfere with the garage business.

                                            HIRSCHFELD REALTY CLUB CORPORATION

                                            By: /s/ Abraham Hirschfeld
                                               ---------------------------------
                                            328 E. 61 Corp.

                                            By: /s/ Abraham Hirschfeld
                                               ---------------------------------

                                            VERTICAL FITNESS AND RACQUET
                                            CLUB, LTD.

                                            By: /s/ Michael Lucci
                                               ---------------------------------
                                               President
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVE SEDGWICK, 

Appellant, 

 v. 

LEONARD M. SHULMAN; et al., 

Appellees.

No. 18-56021 

D.C. No. 8:17-cv-02189-AG 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Andrew J. Guilford, District Judge, Presiding

Submitted December 17, 2019**

Before: FARRIS, TROTT, and SILVERMAN, Circuit Judges.

Steve Sedgwick appeals pro se the district court’s order affirming the 

bankruptcy court’s order denying him relief under Fed. R. Civ. P. 60(b)(6) and 

reclosing his Chapter 11 case. We have jurisdiction under 28 U.S.C. § 1291. On 

appeal from the district court, we independently review the bankruptcy court’s 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

DEC 19 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

decision. In re Gilman, 887 F.3d 956, 963 (9th Cir. 2018). The bankruptcy court’s 

ruling on a Rule 60(b) motion for relief from an order or judgment is reviewed for 

an abuse of discretion. Id. We affirm the district court’s order.

The bankruptcy court properly exercised its discretion in concluding, based 

on its independent review of the record, the report of the Chapter 11 Trustee, and 

the report of the United States Trustee, that the record did not establish fraud or 

fraud on the court by Sedgwick’s former bankruptcy counsel. See Latshaw v. 

Trainer Wortham & Co., 452 F.3d 1097, 1104 (9th Cir. 2006) (party seeking relief 

under Rule 60(b)(6) must show fraud involving an unconscionable plan or scheme 

designed to improperly influence the court).

The bankruptcy court properly exercised its discretion in declining to expand 

the scope of its inquiry beyond the specific fraudulent scheme alleged by 

Sedgwick. See In re Gilman, 887 F.3d at 963. 

Sedgwick waived his constitutional arguments by failing to raise them 

before the bankruptcy court. See In re EPD Inv. Co., 821 F.3d 1146, 1152 (9th 

Cir. 2016) (issue not presented to bankruptcy court was waived). In addition, he 

has made no showing of a denial of due process because the bankruptcy court 

afforded him generous opportunities to present his claims of fraud and fraud on the 

court. See In re Rains, 428 F.3d 893, 903 (9th Cir. 2005) (due process requires an 

opportunity to be heard).

AFFIRMED.
EXHIBIT 32.1  SECTION 1350 CERTIFICATION  In connection with the quarterly report of First Titan Corp. (the “Company”) on Form 10-Q for the period ended December 31, 2013 as filed with the Securities and Exchange Commission (the “Report”), I, Robert Federowicz, President of the Company, certify, pursuant to 18 U.S.C. SS. 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 result of operations of the Company.  February 14, 2014By:/s/ Robert FederowiczRobert FederowiczInterim President, Principal Executive Officer,
Principal Financial and Accounting officer  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
The  Schedule  contains  summary  financial   information   extracted  from  the
Consolidated  Statement of Operations,  Net Proceeds,  and Comprehensive Income,
Consolidated  Balance Sheet,  and  Consolidated  Statement of Caswh Flows and is
qualified in its entirety by referece to such financial statememnts.
</LEGEND>
<CIK>                        0000026285
<NAME>                       Agrilink Foods, Inc.
<MULTIPLIER>                                      1,000

<S>                             <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>                              Jun-24-2000
<PERIOD-START>                                 Jun-27-1999
<PERIOD-END>                                   Jun-24-2000
<CASH>                                             4,994
<SECURITIES>                                           0
<RECEIVABLES>                                    106,241
<ALLOWANCES>                                         887
<INVENTORY>                                      295,297
<CURRENT-ASSETS>                                 466,457
<PP&E>                                           431,586
<DEPRECIATION>                                   113,592
<TOTAL-ASSETS>                                 1,098,887
<CURRENT-LIABILITIES>                            212,363
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               0
<OTHER-SE>                                       179,178
<TOTAL-LIABILITY-AND-EQUITY>                   1,098,887
<SALES>                                        1,182,627
<TOTAL-REVENUES>                               1,182,627
<CGS>                                            809,633
<TOTAL-COSTS>                                    809,633
<OTHER-EXPENSES>                                 282,612
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                78,054
<INCOME-PRETAX>                                   12,328
<INCOME-TAX>                                       5,904
<INCOME-CONTINUING>                                6,424
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                       6,424
<EPS-BASIC>                                            0
<EPS-DILUTED>                                          0



</TABLE>
#### William R. PARKS and Mae Vanderveen Parks, Petitioners, v. Dennis STURGILL, Jr., Respondent.

No. 40152.

Supreme Court of Florida.

Oct. 7, 1970.

Certiorari denied. 237 So.2d 346.

DREW, Acting C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
xml version="1.0" encoding="UTF-8"?


C\_2015259EN.01001301.xml


| | | | |
| --- | --- | --- | --- |
| 7.8.2015 | EN | Official Journal of the European Union | C 259/13 |

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

(2015/C 259/03)

| | | |
| --- | --- | --- |
| Aid number | SA.33235 (2011/X) | |
| Member State | Italy | |
| Member State reference number | | |
| Name of the Region (NUTS) | — | |
| Granting authority | | | | --- | | Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR | | Piazzale J.F. Kennedy, 20 — 00144 ROMA | | www.miur.it | | |
| Title of the aid measure | Aiuto a favore della ricerca industriale e precompetitiva e misure di formazione generale | |
| National legal basis (Reference to the relevant national official publication) | Decreto ministeriale di applicazione del Decreto legislativo 27 luglio 1999, n. 297 ‘Riordino della disciplina e snellimento delle procedure per il sostegno della ricerca scientifica e tecnologica, per la diffusione delle tecnologie, per la mobilità dei ricercatori’ | |
| Type of measure | Scheme | |
| Amendment of an existing aid measure | | |
| Duration | From 24.06.2011 | |
| Economic sector(s) concerned | All economic sectors eligible to receive aid | |
| Type of beneficiary | SME, large enterprise | |
| Annual overall amount of the budget planned under the scheme | EUR 39,5 (in millions) | |
| For guarantees | — | |
| Aid Instrument (Art. 5) | Direct grant | |
| Reference to the Commission decision | — | |
| If co-financed by Community funds | | |
| Objectives | Maximum aid intensity in % or Maximum aid amount in national currency | SME-bonuses in % |
| General training (Art. 38(2)) | 70 % | 20 % |

Web link to the full text of the aid measure:

http://www.miur.it/0006Menu\_C/0012Docume/0098Normat/0070Riordi\_cf3.htm

---
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```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3854 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3854

                  To repeal the Cuban Adjustment Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1994

 Mr. Kopetski introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                  To repeal the Cuban Adjustment Act.

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

SECTION 1. REPEAL OF CUBAN ADJUSTMENT ACT.

    (a) In General.--Public Law 89-732 is repealed.
    (b) Effective Date; Transition.--
            (1) In general.--Subject to paragraph (2), the repeal made 
        by subsection (a) shall take effect on the date of the 
        enactment of this Act.
            (2) Transition.--The repeal made by subsection (a) shall 
        not apply to any alien admitted or paroled into the United 
        States before the date of the enactment of this Act and who 
        applies for adjustment of status under the first section of 
        Public Law 89-732 not later than two years after such date.

                                 <all>
```
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

M EMORANDUM O RDER

Appellate case name: Eduardo Cruz Ramirez v. The State of Texas

Appellate case number: 01

- 12

- 01096

- CR

Trial court case number: 1793517

Trial court: County Criminal Court at Law No. 1 of Harris County

State ’s Exhibit 9

, a compact disc containing a legend for AT&T telephone records , was

admitted into evidence at trial in the above case. This Court, acting sua sponte, orders the Harris

County District Clerk, or the court re porter if the exhibit is still in his or her possession, to send

the original of State ’s Exhibit 9

, a compact disc containing a legend for AT&T telephone

records , to this Court. The Clerk of this Court is directed to cooperate with the district clerk and

court reporter to provide for the safekeeping, transportation, and return of such exhibit. See Tex.

R. App P. 34.6(g)(2).

The exhibit is due in this Court no later than July 3 , 2013

.

It is so ORDERED.

Judge’s signature: /s/ Laura Carter Higley

Acting ind ividually

Date: June 21, 2013
Exhibit 10.21

 

BEIJING LEASE AMENDMENT

 

Beijing New Talent Academy (hereinafter referred to as Party A)

Address: Anhua 9 Houshayu, Shunyi District, Beijing, China
 Zip code: 100300

Tel: [             ], Fax:[      ]

Representative: Lan Chun Title: Principal

 

Nord Anglia Education Ltd (hereinafter referred to as Party B)

 

	
Address:
    	
Nord   House,
    
	
 
    	
Third   Avenue, Centrum 100
    
	
 
    	
Burton-upon-Trent,   Staffordshire
    
	
 
    	
DE14   2WD
    
	
 
    	
U.K.
    


Zip code:

Tel:[ 44-1283-496900], Fax:[ 44-1283-496541]

Representative: ANDREW FITZMAURICE Title: Chief Executive Officer

 

Objective: Party B has got the school license from the Ministry Of Education to opening an international school in Shunyi. In order to ensure the implementation of lease contract between Nord Anglia Education Ltd and New Talent Academy, both parties would like to make amendment to the lease contract and the management contract as follows.

 

	
 
    	

    	

    


 

Page 1 of 2











 

·                                          The lease commencement date shall be 1 September 2009 and the lease shall run for 21 years from this date. Notice of 5 year extension would therefore be made by 1 September 2029. Clause 3.1 of the lease to be amended accordingly.

 

·                                          Party B will pay Party A RMB 23,400,000 as fitting out fees upon signing the agreement and Party A will issue the invoice to Party B as fitting out fees at the same time. Party B should make payment within 2 weeks upon receiving the invoice.

 

·                                          Party B can not claim any compensation from Party A on the fitting out fees whenever the lease contract is terminated by any parties or reasons.

 

·                                          In consideration of the fitting out fees, Party A will waive its entitlement to any penalty under the lease. Clause 7.2.7 of the lease to be deleted.

 

·                                          Party A will agree to waive off the rent from 1st September 2009 to 31st August 2010. Both Parties will follow the terms and conditions in the signed lease contract by both parties during the period.

 

·                                          The lease amendment becomes effective from the date of signing by both parties.

 

 

	

    	

    


 

Date of Execution:                         , 2009

 

Page 2 of 2
Exhibit 10.9


 


AMENDMENT

TO THE

HONEYWELL INTERNATIONAL INC. SUPPLEMENTAL

EXECUTIVE RETIREMENT PLAN FOR EXECUTIVES IN

CAREER BAND 6 AND ABOVE


 


(Amended and Restated Effective January 1, 2009)


 


WITNESSETH


 


WHEREAS, Honeywell International Inc. (the “Corporation”)
is the sponsor of the Honeywell International Inc. Supplemental Executive Retirement Plan for Executives in Career Band 6 and Above
(the “Plan”); and


 


WHEREAS, Article VI of the Plan reserves to the
Corporation the right to amend the Plans at any time; and


 


WHEREAS, the Corporation is desirous
of amending the Plans in certain particulars;


 


NOW, THEREFORE, the Plan is hereby amended, effective
January 1, 2014, as follows:


 


	1.	Article III is amended by adding the new Section 3.3 thereto:
	 	 
	 	3.3     Plan Frozen to
    New Entrants. Notwithstanding anything herein to the contrary, any individual who is not eligible to participate in this Plan
    as of December 31, 2013 shall be ineligible to participate herein at any time in the future. Moreover, any Executive who is
    eligible to participate in the Plan as of December 31, 2013 shall not thereafter become ineligible to participate herein simply
    by reason of the Company’s decision to eliminate salary bands 5-7.
<PAGE>   1



                                                                   EXHIBIT 10(v)

April 16, 1997

Mr. J.P. Fruchet
President
Guardian Timing Services Inc.
130 Adelaide Street West
Suite 3303
Toronto, Ontario
M5H 3P5

Dear Mr. Fruchet,

         Further to our conversation over the last serveral weeks, we wish to
confirm our understanding of our agreement as to certain amendments to Schedule
A to a letter of understanding dated December 20, 1995 (the "Letter") relating
to the Bank's entering into an Investment Management Agreement and the possible
acquisition of 100% of the Class B shares of Bearhill Limited.

         The second full paragraph of Schedule A currently reads as follows;

         "The Option shall be renewable for a three year term at the discretion
         of The Bank of Nova Scotia subject to the payment of an option fee
         annually, in advance, in accordance with the following schedule
         commencing on January 1, 1996.

         For the 1996 calender year $25,000
         For the 1996 calender year $50,000
         For the 1996 calender year $75,000"

         It has been agreed that the second full paragraph of Schedule A is
replaced with the following paragraph;

         "The Option shall be renewable for a four year term at the discretion
         of The Bank of Nova Scotia subject to the payment of an option fee
         annually, in advance, in accordance with the following schedule
         commencing on April 23, 1996.

         For the year commencing April 23, 1996               $25,000
         For the year commencing April 23, 1997               $25,000
         For the year commencing April 23, 1998               $50,000
         For the year commencing April 23, 1999               $50,000"

         All other terms of the Letter remain the same.


                             Page E - 57 of E - 69
<PAGE>   2


         If the above conforms to your understanding of the agreement reached
amongst ourselves, please execute the enclosed duplicate copy of the letter,
and return same to the undersigned.

Yours truly,

The Bank of Nova Scotia
-----------------------------------
/s/ Robert L. Brooks



Agreed and accepted,

/s/ J.P. Fruchet
-----------------------------------
Guardian Timing Services, Inc.

/s/ Georges Benarroch
-----------------------------------
InterUnion Financial Corporation

/s/ Harmodio Herrera
-----------------------------------
Havensight Holdings Corp.

/s/ Harmodio Herrera
-----------------------------------
Bearhill Limited



                             Page E - 58 of E - 69
Dismissed and Memorandum Opinion filed February 25, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-00942-CV

BIG MASONRY, L.L.C, Appellant

V.

EDWARD LIVING TRUST, Appellee

On Appeal from the 284th District Court

Montgomery County, Texas

Trial Court Cause No. 09-08-07550-CV

M E M O R A N D U M O P I N I O N

This appeal is from a judgment signed July 10, 2013. No clerk’s record has 

been filed. The clerk responsible for preparing the record in this appeal informed 

the court appellant did not make arrangements to pay for the record. 

On January 31, 2014, notification was transmitted to all parties of the court’s 

intention to dismiss the appeal for want of prosecution unless, within fifteen days, 
2

appellant paid or made arrangements to pay for the record and provided this court 

with proof of payment. See Tex. R. App. P. 37.3(b).

Appellant has not provided this court with proof of payment for the record. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Boyce, Christopher and Brown.