alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020390EN.01001601.xml

| 16.11.2020 | EN | Official Journal of the European Union | C 390/16 |
| --- | --- | --- | --- |

16.11.2020

EN

Official Journal of the European Union

C 390/16

---

Judgment of the Court (Sixth Chamber) of 10 September 2020 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — A v B, C

(Case C-738/19) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Annex, point 1(e) - Unfair terms in consumer contracts - Social housing - Obligation of residence and prohibition on subletting the property - Article 3(1) and (3) - Article 4(1) - Assessment of whether penalty clauses are unfair - Criteria)

(2020/C 390/22)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

Applicant: A

Defendants: B, C

Operative part of the judgment

Article 3(1) and (3) and Article 4(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that, where a national court examines whether a term in a consumer contract is unfair, within the meaning of those provisions, it must take account, among the terms which fall within the scope of that directive, of the degree of interaction between the term at issue and other terms, having regard, inter alia, to their respective scope. In order to assess whether the amount of the penalty imposed on the consumer is disproportionately high, within the meaning of point 1(e) of the annex to that directive, significant weight must be attached to those terms which relate to the same breach.

---

(1)  OJ C 19, 20.1.2020.

---
# C_2021079EN.01002701.xml

| 8.3.2021 | EN | Official Journal of the European Union | C 79/27 |
| --- | --- | --- | --- |

8.3.2021

EN

Official Journal of the European Union

C 79/27

---

Order of the President of the Court of Justice of 4 December 2020 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 17 de Barcelona — Spain) — UD v Subdelegación del Gobierno en Barcelona

(Case C-746/19) (1)

(2021/C 79/34)

Language of the case: Spanish

The President of the Court of Justice has ordered that the case be removed from the register.

---

(1)  OJ C 19, 20.1.2020.

---
ex10a.htm
















Exhibit (10)(a)

















Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm












We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in Post-Effective Amendment No. 55 to the 1933 Act Registration Statement (Form N-4 No. 333-35784) and Amendment No. 444 to the 1940 Act Registration Statement (Form N-4 No. 811-05721), and to the use therein of our reports dated (a) March 31, 2016, with respect to the consolidated financial statements of The Lincoln National Life Insurance Company and (b) April 12, 2016, with respect to the financial statements of Lincoln National Variable Annuity Account H for the interests in a separate account under individual flexible payment deferred variable annuity contracts.









/s/ Ernst &  Young LLP




Philadelphia, Pennsylvania




December 27, 2016
Exhibit






Exhibit 10.1
	
		
	
	4055 Technology Forest Blvd
Suite 210
The Woodlands, Texas 77381












January 2, 2017


Mr. Norman L. Miller
230 Breezy Way
The Woodlands, TX  77380


Dear Norm:


On behalf of the Board of Directors of Conn’s, Inc., I am pleased to offer to you the below compensation enhancements, which are in recognition of your dedication to the turn-around strategies you have initiated and implemented at Conn’s.  


First, the Board approved a modification to your initial grant of $2,000,000 in restricted stock units (“RSUs”) described in your Restricted Stock Unit Award Agreement, originally scheduled to vest ratably over five years on each anniversary of September 7, 2015, which was your commencement date as Chief Executive Officer and President of the Company, such that the RSUs are now scheduled to vest ratably over a 4-year rather than a 5-year period.  The revised RSU vesting schedule is summarized below for your reference and will be reflected in an amendment to your Restricted Stock Unit Award Agreement.


	
					
	Vest Date
	Initial
RSUs
	Revised
RSUs

	9/7/2016
	13,976
	

	13,976
	


	9/7/2017
	13,976
	

	18,635
	


	9/7/2018
	13,976
	

	18,635
	


	9/7/2019
	13,976
	

	18,635
	


	9/7/2020
	13,977
	

	—
	


	Total
	69,881
	

	69,881
	







Second, the Board has approved an award of 100,000 tiered premium-priced stock options, effective January 2, 2017 (the “Grant Date”).  Details of your options grant are below for your reference and will be reflected in an Option Award Agreement:


		
	•
	33,333 options with a grant price of $12.65, based on the closing price for the Company’s common stock on the Grant Date (the “Grant Date Price”), with a four year vesting schedule


		
	•
	33,333 options with a grant price of $18.98, 50% above the Grant Date Price, with a four year vesting schedule


		
	•
	33,334 options with a grant price of $25.30, 100% above the Grant Date Price, with a four year vesting schedule








1 of 1







Sincerely,


/s/
Bobby L. Martin
Conn’s, Inc.
Lead Independent Director and
Chairman, Compensation Committee


Acceptance Acknowledged: 


/s/                                       Date: 1/6/17               
Norman L. Miller        






2 of 2
Exhibit








Exhibit 10.1




December 27, 2016


Mr. James A. Ratner 
Forest City Employer, LLC
Terminal Tower
50 Public Square, Suite 1100
Cleveland, OH 44113-2267
Re:  Vesting of Equity Awards
Jim,
This letter memorializes our agreement regarding the treatment of your currently outstanding equity awards-as approved by the Compensation Committee on December 27, 2016-in connection with your retirement as Executive Vice President of Development and your appointment as Non-Executive Chairman of the Board of Directors of Forest City Realty Trust, Inc. (“Non-Executive Chairman”).
Stock Options  
You acknowledge that, as of the date of this letter, you hold unvested stock options to purchase 36,751 shares of class A common stock.  The parties hereby agree that, subject to your continued service as Non-Executive Chairman, you shall continue to vest in these stock options according to the applicable vesting schedule under which they were originally granted and as set forth below:
		
	•
	Options to purchase 7,186 shares will vest on March 28, 2017




		
	•
	Options to purchase 15,192 shares will vest on April 8, 2017




		
	•
	Options to purchase 14,373 shares will vest on March 28, 2018




In addition, each vested stock option held by you (whether vested prior to the date of this letter or becoming vested based on the schedule above) shall remain exercisable (following your retirement as Executive Vice President of Development and the applicable vesting date) for the full remaining original term of the stock option.
Restricted Shares
You acknowledge that, as of the date of this letter, you hold 22,093 unvested restricted shares.  The parties hereby agree that, subject to your continued service as Non-Executive Chairman, you shall continue to vest in these restricted shares according to the applicable vesting schedule under which they were originally granted and as set forth below:

















		
	•
	2,984 restricted shares will vest on March 23, 2017




		
	•
	3,385 restricted shares will vest on March 26, 2017




		
	•
	2,985 restricted shares will vest on March 23, 2018




		
	•
	6,770 restricted shares will vest on March 26, 2018




		
	•
	5,969 restricted shares will vest on March 23, 2019




Except as otherwise set forth herein, the terms of your currently outstanding stock option and restricted stock agreements remain unchanged and in full force and effect.
Please confirm your agreement with these terms by signing below and return a copy for our files.
Sincerely,
FOREST CITY REALTY TRUST, INC.
	
					
	By:
	/s/ DAVID J. LARUE
	 
	 
	 

	 
	 
	 
	 
	 

	 
	David J. LaRue, President and CEO
	 

	 
	 
	 
	 
	 

	 
	 
	 
	 
	 

	Agreed and accepted:
	 
	 
	 

	 
	 
	 
	 
	 

	 
	 
	 
	 
	 

	 
	/s/ JAMES A. RATNER
	 
	 
	12/27/2016

	 
	 
	 
	 
	 

	 
	James A. Ratner
	 
	 
	Date
# C_2019413EN.01004902.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/49 |
| --- | --- | --- | --- |

9.12.2019

EN

Official Journal of the European Union

C 413/49

---

Judgment of the General Court of 20 September 2019 — Multifit v EUIPO (real nature)

(Case T-458/18) (1)

(EU trade mark - Application for EU word mark real nature - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

(2019/C 413/59)

Language of the case: German

Parties

Applicant: Multifit Tiernahrungs GmbH (Krefeld, Germany) (represented by: N. Weber and P. Gentili, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka and M. Fischer, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 May 2018 (Case R 2650/2017-2), relating to an application for registration of the word sign real nature as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2018 (Case R 2650/2017-2), in so far as registration as an EU trade mark of the word sign real nature was refused for the services ‘advertising; marketing services; organisational and business advice for franchise concepts; providing of business knowhow (franchising)’, in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2018 (Case R 2650/2017-2), in so far as registration as an EU trade mark of the word sign real nature was refused for the services ‘advertising; marketing services; organisational and business advice for franchise concepts; providing of business knowhow (franchising)’, in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders Multifit Tiernahrungs GmbH to bear its own costs and to pay two thirds of those incurred by EUIPO. EUIPO to bear one third of its costs. |
| --- | --- |

3.

Orders Multifit Tiernahrungs GmbH to bear its own costs and to pay two thirds of those incurred by EUIPO. EUIPO to bear one third of its costs.

---

(1)  OJ C 319, 10.9.2018.

---
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 No. 2445-028]
 On December 23, 2021, Green Mountain Power Corporation filed an application for a subsequent license to continue to operate and maintain the 275-kilowatt Center Rutland Hydroelectric Project No. 2445 (Center Rutland Project). On April 28, 2023, Commission staff issued a notice of intent to prepare an Environmental Assessment (EA) to evaluate the effects of relicensing the Center Rutland Project. The notice of intent included a schedule for preparing the EA. By this notice, Commission staff is updating the procedural schedule for completing the EA. The revised schedule is shown below. Further revisions to the schedule may be made as appropriate. Milestone
Target dateIssue EA
February 2024.
 Any questions regarding this notice may be directed to Steve Kartalia at (202) 502-6131, or by email at 
                    *stephen.kartalia@ferc.gov.* Dated: December 14, 2023. Debbie-Anne A. Reese, Deputy Secretary.


[FR Doc. 2023-27992 Filed 12-19-23; 8:45 am] BILLING CODE 6717-01-P
**Exhibit 10.9**

 

**New Hire Authorization—Updated Appendix**

 

Stockoptions covering an aggregate of 7,000 shares of common stock were granted totwo non-executive officer employees on February 3, 2006 under the Company’s NewHire Authorization as an inducement to entering into employment with theCompany. The options include a ten-year duration and an exercise price equal tothe closing price of Dendrite’s stock on the business day immediately precedingthe date of grant. The vesting schedule for the options is as follows:  (i) twenty-five percent (25%) of the optionsshall first become exercisable on the first anniversary of date of grant and(ii) the remaining seventy-five percent (75%) shall become exercisable pro rataover the following three (3) year period, on a monthly basis, commencing on thefirst anniversary of the date of grant and ending on the fourth anniversary ofthe date of grant.

 

----
# C_2020036EN.01002601.xml

| 3.2.2020 | EN | Official Journal of the European Union | C 36/26 |
| --- | --- | --- | --- |

3.2.2020

EN

Official Journal of the European Union

C 36/26

---

Judgment of the General Court of 4 December 2019 — Billa v EUIPO — Boardriders IP Holdings (Billa)

(Case T-524/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark Billa - Earlier EU word marks BILLABONG - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Comparison of the goods and services - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 36/31)

Language of the case: English

Parties

Applicant: Billa AG (Wiener Neudorf, Austria) (represented by: J. Rether, M. Kinkeldey, J. Rosenhäger and S. Brandstätter, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Boardriders IP Holdings LLC (Huntington Beach, California, United States) (represented by: J. Fish, Solicitor, and A. Bryson, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 June 2018 (Case R 2235/2017-4), as rectified on 4 October 2018, relating to opposition proceedings between Boardriders IP Holdings and Billa.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 June 2018 (Case R 2235/2017-1) as regards the goods ‘games’ in Class 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, covered by the mark applied for; |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 June 2018 (Case R 2235/2017-1) as regards the goods ‘games’ in Class 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, covered by the mark applied for;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 399, 5.11.2018.

---
<TABLE> <S> <C>

<ARTICLE>                                                                     5
<LEGEND>
This schedule contains summary information
extracted from the accompanying financial
statements and is qualified in it entirety by
reference to such financial statement.
</LEGEND>

<S>                                                                         <C>
<PERIOD-TYPE>                                                             6-MOS
<FISCAL-YEAR-END>                                                   DEC-31-1999
<PERIOD-END>                                                        JUN-30-1999
<CASH>                                                               14,663,888
<SECURITIES>                                                                  0
<RECEIVABLES>                                                        12,631,552
<ALLOWANCES>                                                          3,169,925
<INVENTORY>                                                           8,454,809
<CURRENT-ASSETS>                                                     33,514,219
<PP&E>                                                                3,730,160
<DEPRECIATION>                                                        1,931,368
<TOTAL-ASSETS>                                                       53,783,204
<CURRENT-LIABILITIES>                                                 7,572,671
<BONDS>                                                                       0
<PREFERRED-MANDATORY>                                                         0
<PREFERRED>                                                               4,000
<COMMON>                                                                 17,397
<OTHER-SE>                                                           43,379,034
<TOTAL-LIABILITY-AND-EQUITY>                                         53,783,204
<SALES>                                                               9,235,850
<TOTAL-REVENUES>                                                     10,149,855
<CGS>                                                                 4,326,987
<TOTAL-COSTS>                                                         4,416,750
<OTHER-EXPENSES>                                                     11,879,818
<LOSS-PROVISION>                                                        870,298
<INTEREST-EXPENSE>                                                       48,185
<INCOME-PRETAX>                                                     (6,771,026)
<INCOME-TAX>                                                                  0
<INCOME-CONTINUING>                                                 (6,771,026)
<DISCONTINUED>                                                                0
<EXTRAORDINARY>                                                               0
<CHANGES>                                                                     0
<NET-INCOME>                                                        (6,771,026)
<EPS-BASIC>                                                            (0.46)
<EPS-DILUTED>                                                            (0.46)


</TABLE>
Fourth Court of Appeals

San Antonio, Texas

April 2, 2014

No. 04-13-00034-CV

Julio M. AGUILERA,

Appellant

v.

Delmis S. AGUILERA,

Appellee

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2011-CI-16322

Honorable Larry Noll, Judge Presiding

O R D E R

On February 26, 2014, we abated and remanded the appeal to the trial court with 

instructions to enter findings pursuant to section 154.130(b) of the Texas Family Code. On 

March 28, 2014, the trial court clerk filed a supplemental clerk’s record containing the trial 

court’s findings. Accordingly, the appeal is REINSTATED on the court’s docket. The cause is 

set for formal submission ON BRIEFS ONLY before this Court on April 23, 2014, before a 

panel of Justice Angelini, Justice Barnard, and Justice Martinez.

It is so ORDERED on April 2, 2014.

PER CURIAM

ATTESTED TO: ________________________________

 Keith E. Hottle

 Clerk of Court
# C_2018392EN.01003701.xml

| 29.10.2018 | EN | Official Journal of the European Union | C 392/37 |
| --- | --- | --- | --- |

29.10.2018

EN

Official Journal of the European Union

C 392/37

---

Action brought on 10 September 2018 — Aroma Essence v EUIPO — Refan Bulgaria (Washing sponges)

(Case T-532/18)

(2018/C 392/45)

Language of the case: English

Parties

Applicant: Aroma Essence Ltd (Kazanlak, Bulgaria) (represented by: A. Nastev, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Refan Bulgaria OOD (Trud, Bulgaria)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal

Design at issue: European Union design No 1333223-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 19 July 2018 in Case R 1197/2017-3

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision or alter it by dismissing the appeal of Refan Bulgaria OOD against the decision of the Invalidity Division of EUIPO of 10 April 2017; |
| --- | --- |

—

annul the contested decision or alter it by dismissing the appeal of Refan Bulgaria OOD against the decision of the Invalidity Division of EUIPO of 10 April 2017;

| — | order EUIPO and Refan Bulgaria OOD to bear their own costs and to pay those incurred by Aroma Essence Ltd in the proceedings before the General court and before the Third Board of Appeal. |
| --- | --- |

—

order EUIPO and Refan Bulgaria OOD to bear their own costs and to pay those incurred by Aroma Essence Ltd in the proceedings before the General court and before the Third Board of Appeal.

Pleas in law

| — | Infringement of the principle of sound administration; |
| --- | --- |

—

Infringement of the principle of sound administration;

| — | Infringement of Articles 53(1)(2) and 60(1) of Council Regulation (EC) No 6/2002 in conjunction with Articles 28(1)(b)(i)(v)(vi), 30(1) and 36(1) of Commission Regulation (EC) No 2245/2002; |
| --- | --- |

—

Infringement of Articles 53(1)(2) and 60(1) of Council Regulation (EC) No 6/2002 in conjunction with Articles 28(1)(b)(i)(v)(vi), 30(1) and 36(1) of Commission Regulation (EC) No 2245/2002;

| — | Infringement of the principle of legal certainty, equal treatment and sound administration; |
| --- | --- |

—

Infringement of the principle of legal certainty, equal treatment and sound administration;

| — | Infringement of Articles 59, 60(1), 65(1)(b)(c) and 75 of Council Regulation (EC) No 6/2002 and of Article 36(1) of Commission Regulation (EC) No 2245/2002. |
| --- | --- |

—

Infringement of Articles 59, 60(1), 65(1)(b)(c) and 75 of Council Regulation (EC) No 6/2002 and of Article 36(1) of Commission Regulation (EC) No 2245/2002.

---