alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Letter Amendment to Employment Agreement - Arthur W. Zafiropoulo



 Exhibit 10.2 

Ultratech, Inc. 

3050 Zanker Road 

San Jose, California 95134 

April 19, 2010 

Mr. Arthur W. Zafiropoulo 
 c/o
Ultratech, Inc. 
 3050 Zanker Road 

San Jose, California 95134 
 Dear Art,

 We would like to take this opportunity to clarify certain provisions in your Amended and Restated Employment Agreement with Ultratech, Inc.
(the “Company”), that became effective as of January 1, 2009 (the “Employment Agreement”). 
 Release
Requirement. Under your Employment Agreement, you are required to execute and deliver a general release to the Company as a condition to your qualifying for certain severance benefits. We wish to resolve any potential ambiguity as to the
impact that release will have upon the commencement date of the payment of any such severance benefits to which you may become entitled under your Employment Agreement, whether payable in cash or equity, should the delayed commencement date
provisions of Section 10.1 of your Employment Agreement not otherwise be applicable at that time. As a point of clarification, in that event each of the references in your Employment Agreement to “any applicable revocation period” is
intended to refer to the maximum applicable review/delivery and revocation period to which you are entitled under applicable law with respect to the release. That maximum period will accordingly be used to determine the date (and taxable year) for
the commencement of such severance benefits. 
 Except for the clarifications set forth in this letter, all the terms and provisions of your
Employment Agreement will continue in full force and effect. 
  

	
	 /s/ Henri Richard

	 Henri Richard

	 Chairman, Compensation Committee of the Board of Directors



APPROVAL 
 I hereby
approve and accept the clarifying changes to my Employment Agreement set forth above. 
  

	
	 /s/ Arthur W. Zafiropoulo

	 Arthur W. Zafiropoulo



Dated: April 19, 2010 
  

 1
Employment Agreement Update for Amit Rahav



 Exhibit 10.19 

 

 


                    
                February 2010 
 Amit Rahav 

Ra’anana 
 Dear Amit: 

The 2009 monthly salary on the letter given to you by Gal last week was incorrect. The correct amount was 



 48,000 and I have shown it below. The total compensation number was correct. 
  

											
	 	  	 	  	2010	  	 	  	2009
	 Monthly Salary
	  	



	  	 	55,200	  	



	  	 	48,000
	 Quarterly Bonus
	  		  	$	4,000	  		  	$	4,000
	 Commission OTE
	  		  	$	24,000	  		  	$	12,000
		  		  	 	 	  		  	 	 
	 Total Compensation
	  	



	  	 	811,654	  	



	  	 	680,478

  

	
	My apologies for any confusion,
	
	Regards,
	
	/s/ Maureen McGovern
	Maureen McGovern
	VP of Human Resources

  

	cc:	Gal Trifon
# EXHIBIT 32.1

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

In connection with the Quarterly
Report of CurrencySharesSM Euro Trust (the Trust) on Form 10-Q for
the period ended April 30, 2006 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Carl G. Verboncoeur, Chief Executive Officer
of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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, as amended; and

2.     The information
          contained in the Report fairly presents, in all material respects, the
financial           condition and results of operations of the Trust.

Date: February 28, 2007

/s/ CARL G. VERBONCOEURCarl G.
Verboncoeur*Chief Executive Officer(principal executive officer)

*The Registrant is a
trust and Carl G. Verboncoeur is signing in his capacity as the principal executive
officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
EXHIBIT  32.1 Section 1350 Certifications  STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 The undersigned is the Chief Executive and Financial Officer of Puget Technologies, Inc. This Certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. This Certification accompanies the Quarterly Report on Form 10-Q of Puget Technologies, Inc. for the quarter ended July 31, 2015. The undersigned certifies that such 10-Q Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such 10-Q Report fairly presents, in all material respects, the financial condition and results of operations of Puget Technologies, Inc. as of July 31, 2015. This Certification is executed as of September 21, 2015. By:/s/Thomas M JaspersThomas M JaspersCEO and CFO(Principal Executive and Financial Officer)  A signed original of this written statement required by Section 906 has been provided to Puget Technologies, Inc. and will be retained by Puget Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OFCHEMICAL SAFETY AND

POLLUTION PREVENTION

MEMORANDUM

DATE: December 21, 2010

SUBJECT: Methyl Bromide, PC Code 053201, DP Barcode 383515; Health Effects Division (HED),

Review of Logistical Infonnation Submitted By Methyl Bromide Industry Panel Related To

Post-Fumigation Aeration Activities

PC Code: 053201 DP Barcode: D383515

Decision No.: 345514 Re2istration No.: varied

Pelilian No.: N/A Re2ulalorv Action: RED Follow UD

Risk Assessment Type: Review of ....'Orker activity Case No.: N/A

information

TXR No.: N/A CAS No.: 74-83-9

MRlD No.: 48267)-01 40 CFR: N/A

FROM: Jeffrey L. Dawson, ChemistIRisk Assess

Registration Action Branch 7

Health Effects Division (7509P)

THROUGH: Michael Metzger. Chief

Registration Action Branch 7

Health Effects Division (7509P)

TO: Susan Bartow, Chemical Review Manager

Pesticide Reevaluation Division (7508P)

The Methyl Bromide Industry Panel (MBIP) submitted information attempting to document logistical and

economic post-fumigation aeration factors related to current methyl bromide commodity fumigation

practices and the potential impact on those practices should the target aeration air concentration level be

reduced from 5 ppm for methyl bromide commodity fumigations. I This action was in response to a March

23,2010 letter to MBIP from EPA indicating a possible reduction in the aeration level for methyl bromide

treated commodities from 5 to I ppm. The submission also noted (I) a worker exposure study required

under a July 22, 2009 Data Calf-III for the post-harvest uses of methyl bromide that MBIP is committed to

completing in a timely manner, (2) it would be "prudent" to wait until the study is completed to define risk

management procedures, and (3) a September 22,2010 conference call between MBIP and EPA that

discussed recent efforts by the California Depanment of Pesticide Regulation on related issues and a

proposal to manage exposures by the Chilean fruit industry. This document has been reviewed within the

context of the stated purpose but it has also considered these other pertinent issues/efforts as appropriate.

I EPA MRID 482761-01, MBJP (10119/10) Methyl Bromide COltwwdiry Fumigatiolls: Logistical and Economic Factors Related

To Post-FwnigariOlI Aeratioll

Page I 017
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

FERNANDO IVAN HINESTROZA

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 16

- 2925

[ November 9, 2017 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm

Beach County ; Krista Marx , Judge; L.T. Case No.

502015CF006523AXXXMB

.

Carey Haughwout, Public Defender, and Erika Follmer , Assistant

Publ ic Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallaha ssee, and Matthew Steven

Ocksrider , Assist ant Atto rney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

L EVINE

, F ORST and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 10.7


 


April 26,
2010


 


 


F. William Capp


c/o Beacon Power Corporation


65 Middlesex Road


Tyngsboro, MA 01879


 


Reference
is made to the Performance-Based Restricted Stock Unit Agreement, dated May 8,
2006 (the “Agreement”), by and between Beacon Power Corporation (the “Company”)
and F. William Capp (the “Executive”). 
Capitalized terms used and not otherwise defined in this letter shall
have the meaning given them in the Agreement.


 


In
connection with the transactions contemplated under the Agreement, the Company
and the Executive agree and covenant as follows:


 


1.                                       That none of
the conditions to be met as set forth under Section 1.1(a) of the
Agreement (the “Performance Criteria”) were met for the fiscal year ending December 31,
2009;


 


2.                                       That the Performance
Criteria are not expected to be met for the fiscal year ending December 31,
2010;


 


3.                                       That because
the Performance Criteria have not and will not be met, effective as of the date
hereof, the Agreement is hereby terminated; and


 


4.                                       That upon
termination of the Agreement, the shares of Company common stock reserved for
issuance upon conversion of the RSUs under the Agreement shall be immediately
available for future issuance under the Plan.


 


This
letter agreement may be signed in any number of counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and
the same instrument.


 


	
   

  	
  BEACON POWER CORPORATION

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ James M. Spiezio

  
	
   

  	
   

  	
  Name: James M. Spiezio

  
	
   

  	
   

  	
  Title:   Chief Financial
  Officer

  



 


 


	
  Agreed and Accepted:

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/
  F. William Capp

  	
   

  
	
  F.
  William Capp
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-13-00525- CV
Old WCA, LP f/k

/a Wheeler C oatings Asph alt, LP , Appellan t

v. Saf eco Insurance Com pany of Am eric a and L iberty M utual In surance Com pany, Appellees

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 419 TH JUDICI AL DISTRICT NO. D-1 -GN-1 2-0 0157 4, H ONO RAB LE MARGARET A. CO OP ER, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N Appellant Old WC A, L P f/k/a Wheeler Coating s Asphalt, L P a nd appellee s Safec o Insuranc e Company of Americ a and L iberty Mutual Insuranc e Company have notifie d th is Court that they no longe r wish to pursue this appe al and have filed an agr eed motion to dismiss it. W e g rant the par ties’ motion and dismiss this appeal. See Tex. R. App. P . 42.1(a)
.

__________________________________________ J eff Rose, J ustice Be fore Chief J ustice Jones, J ustices Pemberton a nd Rose Dismissed on J oint Moti on Filed: January

10, 2014
**Exhibit
      32.1**




**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 Amendment No. 1 to the Quarterly Report of Ultitek, Ltd. (the
      “Registrant”) on Form 10-QSB for the period ended September 30, 2006 as
      filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Roman Price, the President and Chief Executive Officer, of the
      Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
      knowledge:




(1)
      the
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934, as amended; 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:
                February 9, 2007
            
            /s/
                ROMAN PRICERoman
                PricePresident
                and Chief Executive Officer
              (Principal
                Executive Officer) of Ultitek, Ltd.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6765

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. CHARLES LEON LOYE, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:99-cr-00284-WO-1; 1:08-cv-00700-WO-DPD)

Submitted: September 29, 2009 Decided: October 7, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Leon Loye, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Charles Leon Loye seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Loye has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project Nos. 14130-000, 14137-000, 14134-000]

                    The Commission has received three preliminary permit applications deemed filed on April 1, 2011, at 8:30 a.m.,[1]                                          for proposed projects to be located on the Arkansas River, in Lincoln County and Jefferson County, Arkansas. The applications were filed by Riverbank Hydro No. 2, LLC for Project No. 14130-000, Lock+ Hydro Friends Fund XXXVI for Project No. 14137-000, and Qualified Hydro 21, LLC for Project No. 14134-000.                

                    On February 28, 2012, at 9 a.m. (Eastern Time), the Secretary of the Commission, or her designee, will conduct a random drawing to determine the filing priority of the applicants identified in this notice. The Commission will select among competing permit applications as provided in section 4.37 of its regulations.[2]                                          The priority established by this drawing will be used to determine which applicant, among those with identical filing times, will be considered to have the first-filed application.                

The drawing is open to the public and will be held in room 2C, the Commission Meeting Room, located at 888 First St. NE., Washington, DC 20426. A subsequent notice will be issued by the Secretary announcing the results of the drawing.

Dated: February 21, 2012.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

# Footnotes

1.                             Under the Commission's Rules of Practice and Procedure, any document received after regular business hours is considered filed at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2) (2011).                    
        Back to Citation      

2.                             18 CFR 4.37 (2011).                    
        Back to Citation      

[FR Doc. 2012-4433 Filed 2-24-12; 8:45 am]

BILLING CODE 6717-01-P
Served: October 25, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 25th of October, 2012

Essential Air Service at

El CENTRO, CALIFORNIA

Under 49 U.S.C. 41731 et seq. 

DOCKET DOT-OST-2008-0299

NOTICE OF EXTENSION FOR COMMENTS AT EL CENTRO, CALIFORNIA

By Order 2010-12-6 the Department selected SkyWest Airlines, Inc., d/b /a United Express, to 

provide Essential Air Service (EAS) at El Centro, California, for $1,852,091 annual subsidy. The 

rate is set to expire on December 31, 2012. With the end of the contract approaching, by 

Order 2012-8-18, August 17, 2012, we requested proposals by September 18, 2012. On 

September 17, 2012, Seaport Airlines, Inc., requested a two-week extension to submit proposals 

at El Centro. We received proposals on October 2 from SkyWest, Seaport, and Sovereign Air, 

and on October 9 requested comments by November 6, 2012. On October 24, 2012, the El Centro 

Chamber of Commerce requested an extension to November 14, 2012.

We will grant the extension request. Comments regarding the carrier-selection decision at 

El Centro, California, are now due on November 14, 2012.

Dennis DeVany, Chief,

EAS and Domestic Analysis

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov
Letter Agreement No. 6-1162-ELP-0788



 Exhibit 10.18 

6-1162-ELP-0788 
 United Air Lines, Inc.

 P. O. Box 66100 
 Chicago, IL
60601-0100 
  

			
	Subject:	  	[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Participation Program
		
	Reference:	  	Purchase Agreement No. 3427 (Purchase Agreement) between The Boeing Company (Boeing) and United Air Lines, Inc. (Customer) relating to Model 787-8 aircraft (Aircraft)


 This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. It grants to Customer the
[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Participation Program described herein (Program). All terms used but not defined in this Letter Agreement have the same meaning
as in the Purchase Agreement. 
 1. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT] 
 2. Term. The term of the Program is [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A
REQUEST FOR CONFIDENTIAL TREATMENT] consecutive years after delivery of each Aircraft. 
 3. Boeing Participation. 

[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] 

4. General Conditions and Limitations. 

4.1 [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] 

4.2 THE DISCLAIMER AND RELEASE and EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES provisions stated in Article 11 of Part 2 of
Exhibit C of the AGTA apply to this Program. 
 P. A. No. 3427 

[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] 

BOEING / UNITED PROPRIETARY 








 United Air Lines, Inc. 

6-1162-ELP-0788 
 Page 2 

 

 5. Assignment. The rights and obligations described in this Letter Agreement are provided to
Customer in consideration of Customer becoming the operator of the Aircraft and can only be assigned, in whole or in part, pursuant to Article 9 of the AGTA as amended by Letter Agreement No. 6-1162-IRS-0184. 

6. Confidential Treatment. Customer and Boeing understand that certain commercial and financial information contained in this Letter Agreement are
considered by Boeing and Customer as confidential and are subject to the terms and conditions set forth in Letter Agreement No. 6-1162-IRS-0182. 

If the foregoing correctly sets forth your understanding of our agreement with respect to the matters treated above, please indicate your acceptance and
approval below. 
 Very truly yours, 
  

			
	THE BOEING COMPANY
		
	By:	 	 /s/ Nobuko Wiles

		
	Its	 	 Attorney-In-Fact

	
	ACCEPTED AND AGREED TO this
	
	Date: February 19, 2010
	
	UNITED AIR LINES, INC.


			
		
	By:	 	 /s/ Kathryn A. Mikells

		
	Its:	 	 Executive Vice President and Chief Financial Officer



 

 P. A. No. 3427 

[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] 

BOEING / UNITED PROPRIETARY
Exhibit
32





Certification
of Chief Executive Officer and Chief Financial Officer


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 Quarterly Report of WestCoast Golf Experiences, Inc. (the
“Company”) on Form 10-QSB for the period ending January 31, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Suzanne Fischer, Chief Executive Officer and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.





A signed
original of this written statement required by Section 906 has been provided to
WestCoast Golf Experiences,
Inc., and will be retained by WestCoast Golf Experiences, Inc.and furnished to the Securities and Exchange Commission or its staff upon
request.




Dated
this 28th day of February, 2008.








/s/ Suzanne Fischer
 Suzanne
Fischer


Chief
Executive Officer, Chief Financial Officer,


President,
Secretary, Treasurer, and a Director