alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w9



 





Exhibit 10.9




TEKNIK-POWERGRID JV LICENSE AGREEMENT




     AGREEMENT made as of August 1, 2006 between Powergrid Fitness, Inc. (“Powergrid”), whose
address is 8681 Cherry Lane, Laurel, Maryland 20707 and Teknik-Powergrid, JV, LLC. (“JV”) whose
address is 36889 N. Tom Darlington Drive, Suite B6-314, PO Box 2800-314, Carefree, Arizona 85377
Attention: John Ward,


Powergrid and JV agree as follows:




BASIC PROVISIONS



1. Grant of Rights: Powergrid grants to JV an exclusive license to develop, manufacture and
distribute the consumer game controller concept, product, design, and invention currently known as
Exer-station throughout the “Territory” during the “term” as provided in this Agreement
(“Agreement”).


2. Exclusivity: The rights granted to JV herein are granted on an Exclusive basis.



3. Property and Trademarks: The title, names, logos, trademarks, art work, photographs of
and associated with the Powergrid Fitness Product line and the related marks and design.



4. Products: Powergrid Fitness consumer game controller products which utilize isometric
muscle contractions to control the game — the invention currently known as Exer-station. The JV
shall sell existing Powergrid inventory, finished and unfinished, through the JV. JV will reimburse
Powergrid for all direct costs of existing inventory within five (5) days of payment being received
by JV.



5. Territory: Worldwide




          (b) Distribution Channel(s): Products are to be sold through the following channels:
Direct, Web Sales, Direct Sales, Game Retailers, Mass Market Retailers, Fitness clubs and other
distribution methods acceptable to both parties.




          (c) Internet Rights: JV may sell Products via the Internet pursuant to Paragraph 5(b).



6. Term.



The Basic Term of the this Agreement and the license granted hereunder shall commence on August 1,
2006 and shall continue until August 1, 2026, subject to the provisions hereof.




 









 








     “Term” means the Basic Term and any and all Term Extensions or Renewals.


7. Statements, and Notices:




          (i) All payments and statements shall be made on a Quarterly basis. All monies payable to
Powergrid Fitness, Inc hereunder shall be paid to and in the name of Powergrid and all statements
shall be sent to us at: Powergrid Fitness, Inc . 8681 Cherry Lane, Laurel, Maryland 20707,
Attention: Greg Merril.



8. Currency: All payments to made to Powergrid hereunder shall be payable in U.S. Currency.



9. Applicable Law. This Agreement shall be governed by the laws of the State of Arizona.



10. Termination: Teknik Powergrid License agreement will automatically terminate if the
Teknik Powergrid JV, is terminated for any reason except Powergrid electing to convert its JV
interest into Teknik common stock. Upon conversion of membership interests, all property,
intellectual and other, shall be transferred to Teknik.




	 	 	 	 	 	 	 	 	 
	Teknik Digital Arts Inc.	 	 	 	Powergrid Fitness, Inc.
	 
	 	 	 	 	 	 	 	 
	By:

	 	 	 	 	 	By:	 	 
	 

	 	 
	 	 	 	 	 	 
	Name:

	 	John Ward
	 	 	 	Name:
	 	Greg Merril
	Title:

	 	Chairman of the Board
	 	 	 	Title:
	 	President
----

----

**Exhibit        32**

**CERTIFICATION        PURSUANT TO**

**18        U.S.C. SECTION 1350**

|   | (1) | the                  Registrant’s Report on Form 10-Q for the period ended June 30, 2006, as                  filed with the Securities and Exchange Commission on the date hereof                  (the                  “Report”), fully complies with the applicable requirements of Section                  13(a) or Section 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 results of operations of                  the                  Registrant. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                  Michael V. Shustek            |
|----------------------------------------------------|
| Michael                  V. Shustek                |
| Chief                  Executive Officer           |
| of                  Vestin Realty Mortgage I, Inc. |

| /s/John                  Alderfer                  |
|----------------------------------------------------|
| John                  Alderfer                     |
| Chief                  Financial Officer           |
| of                  Vestin Realty Mortgage I, Inc. |
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   |  (i) | the                accompanying quarterly report on Form 10-Q of the Company for the                three                and six months ended June 30, 2008 (the “Report”) fully complies with the                requirements of Section 13(a) or Section 15(d), as applicable, of                the                Securities Exchange Act of 1934, as amended;                and |
|--------|-----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |  (ii) | the                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Company. |
|--------|------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                James G. Reindl     |
|----------------------------------------|
| James                G. Reindl         |
| Chief                Executive Officer |
|                                   |
| Dated: August 14, 2008                 |
|                                   |
| /s/                Mary Desmond        |
| Mary                Desmond            |
| Chief                Financial Officer |

----
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<PAGE>

                                                                      EXHIBIT 11



                 STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS



                                                YEAR ENDED DECEMBER 29, 1996
                                               ------------------------------
(IN THOUSANDS, EXCEPT PER SHARE LOSS)            PRIMARY        FULLY DILUTED
                                                 -------        -------------


Average shares outstanding                        8,632               8,599

Effect of dilutive stock options - due
to the Company's net loss, assumed conversion
of stock options is antidilutive                      0                   0
                                              ----------          ----------
          Totals                                  8,632               8,599
                                              ----------          ----------
                                              ----------          ----------

Net loss                                     $  (24,804)         $  (24,804)
                                              ----------          ----------
                                              ----------          ----------

Loss per share                                $   (2.87)         $    (2.88)
                                              ----------          ----------
                                              ----------          ----------


No earnings per share amounts are presented for the year ended December 31,
1995 since the Company had no separate capital structure until August 25,
1995.

                                       22
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### IN THE

TENTH COURT OF APPEALS

No. 10

- 14

- 00250

- CV

IN RE DANIEL HARVEY DYCUS

Original Proceeding

MEMORANDUM OPINION

The petition for a writ of habeas corpus is denied. T EX

. R. A PP

. P . 52.8(d).

Dycus's request for emergency relief is denied as it is moot.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Denied

Opinion delivered and filed September 18, 2014

[OT06]
exv10w1







	 	 	 	 	 



Exhibit 10.1




AMENDMENT NO. 1 TO AMENDED AND RESTATED

EMPLOYMENT AGREEMENT





     This Amendment No. 1 to Amended and Restated Employment Agreement (the “Amendment”), is made
as of the 19th day of March, 2010, by and between Gary A. Kolstad (the “Executive”), and CARBO
Ceramics Inc., a Delaware corporation (the “Company”).



WITNESSETH




     WHEREAS, the Executive and the Company previously entered into the Amended and Restated
Employment Agreement (the “Amended and Restated Agreement”) as of the 31st day of
October, 2008, and;



     WHEREAS, the Company and the Executive wish (i) to amend clause (ii) of the definition of
“Good Reason” set forth in Section 3(f)(2) of the Amended and Restated Agreement to reflect the
Company’s relocation of its headquarters from Irving, Texas to Houston, Texas and (ii) to update
addresses for notice set forth in Section 6(b) of the Agreement.



     NOW, THEREFORE, in consideration of the conditions and covenants set forth in this Amendment,
the receipt and sufficiency of which are hereby acknowledged, the parties to this Amendment hereby
agree as follows:



    1. Amendments
to the Amended and Restated Agreement.



    (a) Clause (ii) of Section 3(f)(2) of the Amended and Restated Agreement is hereby amended to
read in its entirety as follows:




(ii) the Company’s requiring the Executive to be based at a location more than 50
miles from Houston, Texas (except for required travel on the Company’s business to
an extent substantially consistent with the Executive’s business obligations
immediately prior to the Change in Control) if such action constitutes a material
change in the geographic location where the Executive must perform services;



    (b) The Company’s and the Executive’s addresses for notice set forth Section 6(b) of the
Amended and Restated Agreement are hereby amended to read as follows (for clarification, the
address for copies of such notices to the Company remains unchanged):



Notices to the Executive should be addressed to the Executive as follows:



Gary Kolstad

c/o CARBO Ceramics Inc.

575 North Dairy Ashford, Suite 300

Houston, Texas 77079




 









 





Notices to the Company should be sent as follows:




CARBO Ceramics Inc.

575 North Dairy Ashford, Suite 300

Houston, Texas 77079

Attention: Secretary



2. No
Other Amendments. Except as amended hereby, the Amended and Restated Agreement shall
remain in full force and effect in accordance with its terms and conditions.




     IN WITNESS WHEREOF, the Company has caused this Agreement to be signed by its duly authorized
representative and the Executive has hereunto set his hand effective as of the date first written
above.



	 	 	 	 	 
	CARBO CERAMICS INC.

 	 
	By:  	/s/ William C. Morris
 	 
	 	Name:  	William C. Morris 	 
	 	Title:  	Chairman of the Board 	 
	 



	 	 	 	 	 
	 	 
	 /s/ Gary A. Kolstad
 	 
	Printed Name: Gary A. Kolstad
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12599-12600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4904]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as

[[Page 12600]]

amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel; ZHD1 DSR-Z 52 1.
    Date: March 16, 2012.
    Time: 2 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
Rockville, MD 20852, (Telephone Conference Call).
    Contact Person: Peter Zelazowski, Ph.D., Scientific Review 
Officer, Division of Scientific Review, Eunice Kennedy Shriver 
National Institute of Child Health And Human Development, NIH, 6100 
Executive Boulevard, Room 5B01, Bethesda, MD 20892-7510, 301-435-
6902, <a href="/cdn-cgi/l/email-protection#08786d7c6d7a26726d646972677f7b636148666160266f677e"><span class="__cf_email__" data-cfemail="364653425344184c535a574c5941455d5f76585f5e18515940">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: February 22, 2012 .
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-4904 Filed 2-29-12; 8:45 am]
BILLING CODE 4140-01-P


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