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




NETGEAR, INC.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This second amendment (the “Amendment”) is made by and between Michael Werdann (the “Executive”) and NETGEAR, Inc. (the “Company” and together with the Executive hereinafter collectively referred to as the “Parties”) effective as of October 1, 2015. 
WHEREAS, the Parties previously entered into an employment agreement, dated November 3, 2003, and an amendment to such agreement dated December 30, 2008 (as amended, the “Agreement”); and
WHEREAS, in connection with Executive’s promotion to Senior Vice President of Worldwide Sales, the Parties wish to amend the Agreement to update certain equity award terminology referenced therein and to make the Agreement’s change of control terms more consistent with other executive officers of the Company.
NOW, THEREFORE, for good and valuable consideration, Executive and the Company agree that the Agreement is hereby amended as follows:
1.Severance.  The last sentence of Section 6(a) of the Agreement shall be deleted and replaced in its entirety by the following:
“In addition, if Executive’s employment terminates other than voluntarily or for “Cause” (as defined herein), Executive will be entitled to continue to have all stock options, restricted stock awards and all other equity awards vest during the twelve month period immediately following the date of such termination.”
2.Change of Control/Good Reason.  Section 8(a) of the Agreement shall be deleted and replaced in its entirety by the following:
“(a)    If within one year following any Change of Control (as defined below) Executive’s employment is terminated without Cause or voluntarily by Executive for Good Reason, Executive will receive two years acceleration of any unvested portion of all stock options, restricted stock awards and all other equity awards.”
3.Full Force and Effect.  To the extent not expressly amended hereby, the Agreement shall remain in full force and effect.
4.Entire Agreement.  This Amendment and the Agreement constitute the full and entire understanding and agreement between the Parties with regard to the subjects hereof and thereof.
5.Successors and Assigns.  This Amendment and the rights and obligations of the parties hereunder shall inure to the benefit of, and be binding upon, their respective successors, assigns, and legal representatives.
6.Governing Law.  This Amendment will be governed by the laws of the State of California (with the exception of its conflict of laws provisions).
IN WITNESS WHEREOF, each of the Parties has executed this Amendment, in the case of the Company by its duly authorized officer, as of the day and year set forth above.


COMPANY    NETGEAR, INC.
By:    /s/ Andrew Kim                
Name:    Andrew Kim                    
Title:    SVP, Corp. Dev. & General Counsel        
Date:    October 20, 2015                


EXECUTIVE    /s/ Michael Werdann                    
Michael Werdann


Date:    October 20, 2015
EX-4.3



 Exhibit 4.3     

CONSENT OF INDEPENDENT AUDITOR 

We hereby consent to the incorporation by reference in Suncor Energy Inc.’s Registration Statement on Form F-80 dated February 22, 2016 (the “Registration Statement”), of our report, dated February 24, 2015 on the consolidated balance sheets of Suncor Energy Inc. as at December 31, 2014 and
December 31, 2013 and the consolidated statements of comprehensive income, changes in shareholders’ equity and cash flows for each of the years in the two-year period ended December 31, 2014, and the effectiveness of internal control
over financial reporting of Suncor Energy Inc. as of December 31, 2014, which appears in Suncor Energy Inc.’s Annual Report on Form 40-F for the year ended December 31, 2014. 

We also consent to the references to our firm name in the documents incorporated by reference in the Registration Statement and under
“Auditors, Reserves and Resources Evaluators, Transfer Agent and Registrar” in the Circular that forms a part of the Registration Statement. 
  

	
	   /s/ PricewaterhouseCoopers LLP

	   Chartered Professional Accountants


 Dated: February 22, 2016 

Calgary, Alberta 
 CANADA
<PAGE>
 
                                                                    EXHIBIT 23.1


                      CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statement of
MAPICS, Inc. on Form S-8 (File No. 333-48989) of our report dated October 26,
1998, except as to Note 18 for which the date is October 29, 1998 on our audits
of the consolidated financial statements of MAPICS, Inc. and its subsidiaries as
of September 30, 1998 and 1997, and for each of the three years in the period
ended September 30, 1998, which report is included in this Annual Report on Form
10-K.



                              /s/ PricewaterhouseCoopers LLP
                              ------------------------------
                              PricewaterhouseCoopers LLP


Atlanta, Georgia
December 17, 1998
```
**Exhibit 23**

                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement (Form
S-3/A No. 333-106156) and related Prospectus pertaining to the registration of
100,000 shares of common stock, the Registration Statement (Form S-8 No.
333-52315) pertaining to the 1992 Stock Option Plan, 1993 Nonqualified Stock
Option Plan and 1997 Equity Incentive Plan, the Registration Statement (Form S-8
No. 333-57411) pertaining to the Employee Stock Purchase Plan and the
Registration Statement (Form S-8 No. 333-58778) pertaining to the 2000 Equity
Incentive Plan of American Italian Pasta Company of our report dated November 5,
2003, with respect to the consolidated financial statements and schedule of
American Italian Pasta Company included in this Annual Report (Form 10-K) for
the year ended October 3, 2003.

                                                /s/ Ernst & Young LLP

Kansas City, Missouri
December 29, 2003
```
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[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Page 7579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3256]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The applications will also be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than March 9, 2012.
    A. Federal Reserve Bank of Minneapolis (Jacqueline G. King, 
Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. Western State Agency, Inc. Employee Stock Ownership Plan and 
Trust, Devils Lake, North Dakota; to acquire an additional 14.44 
percent, for a total of 43.25 percent of the voting shares of Western 
State Agency, Inc., Devils Lake, North Dakota, and thereby indirectly 
acquire additional voting shares of Western State Bank, Devils Lake, 
North Dakota.

Dated: February 8, 2012.

    Board of Governors of the Federal Reserve System.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2012-3256 Filed 2-10-12; 8:45 am]
BILLING CODE 6210-01-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN RIVAS-AGUILAR, AKA Juan 

Rivas, 

Petitioner, 

 v. 

JEFFERSON B. SESSIONS III, Attorney 

General, 

Respondent.

No. 16-70526 

Agency No. A094-942-115 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 12, 2018**

Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.

Juan Rivas-Aguilar, a native and citizen of Mexico, petitions for review of 

the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 

immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. 

§ 1252. We deny the petition for review.

 

* 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

SEP 19 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-70526 

Rivas-Aguilar establishes no error in the agency’s administrative closure 

determination, where the BIA denied based on the factors applicable at the time of 

its decision, and he did not request administrative closure before the IJ. See 

Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 891 (9th Cir. 2018).

PETITION FOR REVIEW DENIED.
Exhibit 21  List
  of Subsidiaries
  
  State or Jurisdiction of IncorporationAmerican Italian Pasta
  Company
  
  DelawareAIPC Wisconsin, Limited
  Partnership
  
  WisconsinAIPC Sales Co.
  
  MissouriPasta Lensi, s.r.l.
  
  ItalyIAPC Holding BV
  
  NetherlandsIAPC CV
  
  NetherlandsAIPC Finance, Inc.
  
  DelawareAIPC South
  Carolina, Inc.
  
  South CarolinaAIPC Missouri, LLC
  
  MissouriAIPC Arizona, LLC
  
  ArizonaIAPC Italia Leasing, s.r.l.
  
  Italy
#### Town of East Hampton et al., Appellants-Respondents, et al., Plaintiff, v Mario Cuomo, as Governor, et al., Respondents-Appellants.

In an action for a judgment declaring, *inter alia,*the Long Island Landfill Law (ECL 27-0704) unconstitutional and for injunctive relief, the plaintiff Towns of East Hampton, Riverhead, and Southhold appeal from so much of an order of the Supreme Court, Suffolk County (Copertino, J.), dated January 11, 1991, as denied their motion for a preliminary injunction, and the defendants cross-appeal from so much of the same order as denied their cross motion to dismiss the complaint.

Ordered that the order is affirmed, without costs or disbursements, for reasons stated by Justice Copertino in his memorandum decision, dated January 11, 1991, at the Supreme Court.

We further note that the Deputy Commissioner and General Counsel of the Department of Environmental Conservation (DEC) stated to this court that: "DEC does not intend to summarily close any landfill, but intends to go forward in proceedings on notice which give the respondent municipality an opportunity to present its position as required by law before remedial action may be ordered or before penalties may be imposed. The administrative proceeding will provide the respondent municipality [the opportunity] to present any defense it may have or offer any facts in mitigation it may wish to offer”. Thus, as Justice Copertino noted, review pursuant to CPLR article 78 will be available if necessary when the DEC *658does take action to close the landfills in question. In the meantime, an expeditious trial of the merits of the constitutional issues raised by the Towns should be had. Brown, J. P., Hooper, Harwood and Miller, JJ., concur.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00390-CR

Clim Eugene Thomas

v.

The State of Texas

§

§

§

§

§

From the 213th District Court

of Tarrant County (0916131D)

October 10, 2013

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

the appeal should be dismissed. It is ordered that the appeal is dismissed for 

want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
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