alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.78

 


AMENDMENT


 


THIS AMENDMENT
(the “Amendment”) is dated as of December 15, 2016 (the “Effective Date”), by and between MRI Interventions,
Inc., a Delaware corporation, having its principal office located at 5 Musick, Irvine, California, 92618 (“MRI”),
and Kimble L. Jenkins (“Consultant”), and amends that certain Consulting Agreement, by and between MRI and the
Consultant, entered into on the 1st day of April, 2015 (the “Agreement”).


NOW, THEREFORE,
in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, MRI and Consultant agree as follows:


		1.	Sections 3(a) and 3(b) of the Agreement are deleted, in their entirety, and replaced with the following
subsections (a) and (b):



“(a)       Subject to the
following sentence, for Consulting Services requested by and provided to MRIC hereunder, MRIC will pay Consultant at the rate of
$15,000 per calendar month. Beginning July 1, 2017, MRIC will pay Consultant at the rate of one
hundred and fifty five dollars ($155.00) per hour worked with a maximum daily rate of twelve hundred forty dollars ($1,240.00).


(b)       Consultant
will not be paid separately for travel time incurred through June 30, 2017. Thereafter, and notwithstanding paragraph (a) above:
(i) for travel time, MRIC will pay Consultant at the rate of fifty dollars per hour, with a maximum daily travel rate of four hundred
dollars ($400.00); and (ii) for days that include both consulting and travel hours, the aggregate daily rate will be capped at
twelve hundred forty dollars ($1,240.00).”


2.       Capitalized
terms used herein, which are not otherwise defined, will have the meaning ascribed to them in the Agreement.


3.       Except
as expressly otherwise set forth herein, all of the terms and conditions of the Agreement will remain unchanged and continue in
full force and effect.


4.       In
the event of any conflict or inconsistency between the terms and conditions set forth in this Amendment and the Agreement, the
provisions of this Amendment will prevail. The execution and delivery of this Amendment by delivery of a facsimile or .pdf copy
bearing the facsimile or .pdf signature of a party hereto will constitute a valid and binding execution and delivery of this Amendment,
and such facsimile or .pdf copies will constitute enforceable original documents.


 


[signature page follows]


 

 



    	 	1	 



     


    

 


IN WITNESS WHEREOF,
the parties have executed this Amendment as of the Effective Date.


 


	
        MRI Interventions, Inc.

         

         

        By:                                                     

        Name: Francis P. Grillo                     

        Title: Chief Executive Officer           
	
        Consultant

         

         

        By:                                                         

         Kimble L. Jenkins                           

         

         



 


 

 



    	 	2
OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Whitten, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions.
The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports.

In re Application of Keita. [Cite as In re Application of Keita (1992), Ohio St.3d .]
Character and fitness review -- Remand for further investigation. (No. 91-1266 -- Submitted December 29, 1992 -- Decided December 30, 1992.) This matter is pending before the court upon the
recommendation of the Board of Commissioners on Character and Fitness that Sundiata Keita's application to take the Ohio bar examination be disapproved. IT WAS ORDERED by the court, sua sponte, that before a
determination would be made on the merits of this case the applicant, Sundiata Keita, was to submit to an independent psychiatric evaluation; that such evaluation was to be conducted by a psychiatrist selected by the court; and that such evaluation be at the applicant's expense. It was further ordered that this matter be stayed pending the court's receipt of the psychiatrist's report. See In re Keita (1992), 62 Ohio St.3d 1492, 583 N.E.2d 316. On October 27, 1992, Otto Kausch, M.D., and Phillip J. Resnick, M.D., filed a psychiatric evaluation with this court. On December 7, 1992, the special investigator for the Board of
Commissioners on Character and Fitness filed a motion to remand
this cause to the Board of Commissioners on Character and Fitness for further proceedings. Upon consideration thereof, IT IS ORDERED by the court that said motion to remand be, and the same is hereby, granted.
IT IS FURTHER ORDERED that this matter be remanded to the
Board of Commissioners on Character and Fitness for consideration of the psychiatric evaluation and further investigation with respect to issues raised by the evaluation. Moyer, C.J., Douglas, H. Brown and Resnick, JJ., concur. Sweeney, Holmes and Wright, JJ., dissent.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 20, 2020

NO. 03

- 19

- 00414

- CV

Appellant, HB Aviation, LLC // Cross

- Appellants, Glenn Hegar, Texas Comptroller of

Public Accounts; and Ken Paxton, Texas Attorney General

v.

A ppellees, Glenn Hegar, Texa s Comptrol l er of Public Accounts; and Ken Paxton,

Texas Attorney General // Cross

- Appellee, HB Aviation, LLC

APPEAL FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES BAKER AND TR IANA

AFFIRMED

-- OPINION BY JUSTICE TRIANA

This is an appeal from the final order signed by the tr i a l court on May 3 0 , 2019

. Havi ng

re viewed the record and the parties’ arguments, the C ourt holds that there was no reversible error

in the trial court’s order

. Therefore, the C ourt affirms the trial court’s ord e r

. A ppellant shall pay

all costs relating to this appeal, both in this Court a nd in the court below.
**EXHIBIT 32.1**

 

*CHIEF EXECUTIVE OFFICER CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350*

 

In connection with the Quarterly Report of MedicalCV, Inc. (the “Company”)on Form 10-QSB, as amended, for the quarter ended July 31, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Marc P. Flores, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

A signed original of this written statement required by Section 906has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

 
| Dated:   March 20, 2006 | By:                                   | /s/ Marc P. Flores |   |
|------------------------------|---------------------------------------|--------------------|--------|
|                         | Marc P. Flores                        |
|                         | President and Chief Executive Officer |

 

----
EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

         We have issued our report dated  February 25,  2000,  accompanying  the
consolidated financial statements and schedules incorporated by reference in the
Annual Report of Xybernaut  Corporation (the "Company") on Form 10-KSB/A for the
year  ended  December  31,  1999.  We hereby  consent  to the  incorporation  by
reference of said report in the Registration  Statements of the Company of Forms
S-3 (File  No.  333-43693,  effective  January  30,  1998,  File No.  333-52567,
effective June 11, 1998, File No.  333-68859,  effective  January 25, 1999, File
No. 333-77769,  effective May 17, 1999 and File No. 333-80837, effective January
28, 2000) and on Form S-8 (File No. 333-94463, effective January 12, 2000).

                                                     /s/ Grant Thornton LLP

Vienna, Virginia
April 21, 2000


                                      E-1
#### Guy STREET, Appellant, v. Ralph CURTON, Appellee.

No. 4073.

Court of Civil Appeals of Texas. Waco.

Oct. *4,*1962.

Rehearing Denied Oct. 25, 1962.

*909O. M. Street, Dallas, for appellant.

David G. Copeland, Waco, for appellee.

WILSON, Justice.

Plaintiff’s petition alleged that on August 26, 1961 he “loaned to defendant $5,000, whereupon defendant executed a promissory ■note of the tenor following:”. The note in the principal sum of $5000, reciting it was “for value received,” was then copied in the body of the pleading. It was a negotiable instrument, dated August 26, 1961. Defendant’s pleading admitted execution of the note, but alleged it was without consideration ; that it was an accommodation instrument, and plaintiff verbally agreed defendant would not be required to pay it. No proof was tendered as to these matters.

The note was introduced in evidence and non-payment was proved. Defendant elicited from plaintiff that he did not loan defendant $5000 on the date of the note, but that it was executed in renewal of a prior note evidencing a loan made in 1952. Defendant says the court erred in overruling his motion for instructed verdict on the ground plaintiff “failed to make out a prima facie case,” since he admitted he had not loaned defendant $5000 in 1961. The court instructed a verdict for plaintiff.

Variance between pleading and proof “as to matters of time connected with the consideration,” such as that consideration and execution were concurrent, is not material. 11 C.J.S. Bills and Notes § 650b(l) (j), b (2), p. 38; and see 9 Tex.Jur.2d Sec. 250, p. 272. Affirmed.
```

[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Page 17542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07511]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

First Meeting: RTCA Special Committee 234, Portable Electronic 
Devices (PEDs)

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Meeting notice of RTCA Special Committee 234, Portable 
Electronic Devices (PEDs).

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

SUMMARY: The FAA is issuing this notice to advise the public of the 
first meeting of the RTCA Special Committee 234, Portable Electronic 
Devices (PEDs).

DATES: The meeting will be held May 6th to 7th, 2015 from 9:00 a.m.-
5:00 p.m.

ADDRESSES: RTCA Inc., 1150 18th Street NW., Suite 910, Washington, DC 
200036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street 
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330-
0652/(202) 833-9339, fax at (202) 833-9434, or Web site at http://www.rtca.org. Additional contact information: RTCA contact is Karan 
Hofmann, khofmann@rtca.org, (202) 330-0680.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is 
hereby given for a meeting of Special Committee 234. The agenda will 
include the following:

Wednesday May 6th

 Welcome
 Administrative Remarks
 Introductions
 Agenda Review
 RTCA Overview Presentation
 SC-234 Scope and Terms of Reference review
 WG-99 Progress Presentation
 Presentation on PED ARC Outcome
 SC-234/WG-99 Structure and Organization of Work
 Proposed Schedule
 RTCA workspace presentation
 Other Business
 Date and Place of Next Meeting
 Adjourn

Thursday, May 7th

 Continuation of Plenary or Working Group Session

    Attendance is open to the interested public but limited to space 
availability. With the approval of the chairman, members of the public 
may present oral statements at the meeting. Persons wishing to present 
statements or obtain information should contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section. Members of the public may 
present a written statement to the committee at any time.

     Issued in Washington, DC, on March 27, 2015.
Mohannad Dawoud,
Management Analyst, NextGen, Program Oversight and Administration, 
Federal Aviation Administration.
[FR Doc. 2015-07511 Filed 3-31-15; 8:45 am]
 BILLING CODE 4910-13-P
```
exhibit 32



             FORM OF SECTION 906 CERTIFICATIONS

                  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 the Quarterly report of CareDecision
Corporation (the "Company") on Form 10-QSB for the period
ending September 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I,
Robert Cox, President/CEO, of the Company, certify to the
best of my knowledge, pursuant to 18 U.S.C. Section 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.




/s/ Robert Cox
--------------
Robert Cox
President/CEO
November 12, 2003


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.


/1/


             FORM OF SECTION 906 CERTIFICATIONS

                  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 the Quarterly report of CareDecision
Corporation (the "Company") on Form 10-QSB for the period
ending September 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I,
Keith Berman, Treasurer/CFO, of the Company, certify to the
best of my knowledge, pursuant to 18 U.S.C. Section 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.




/s/ Keith Berman
----------------
Keith Berman
Treasurer/CFO
November 12, 2003


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.


/2/
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We consent to the
reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus
and to the use of our report dated March 22, 2017, in this Registration Statement (Form S-6 No. 333-215492) of Smart Trust 302,
comprising Smart Trust, Preferreds Plus Trust, Series 3.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


March 22, 2017
# **Exhibit 10.1**

# **ExpressJet Holdings, Inc.**

# **Non-Employee Director Compensation**

# ****

            The Company providesthe following compensation, as applicable, to directors who are not employees of the Company:

****

**Annual Retainers**

****

            The highest applicableannual retainer amount of the amounts set forth below:
| Director                         |              | $30,000 per year |
|----------------------------------|--------------------------------------------------------------------------|------------------|
| Committee Chair                  |                                                                          | $40,000 per year |
| Audit Committee Financial Expert |                                                                          | $50,000 per year |
| Chairman of the Board            |                                                                          | $60,000 per year |

**Meeting Fees**
| Each board meeting physically attended(non-Chair)      |     | $2,000           |
|---------------------------------------------------------------------------------|--------------------|------------------|
| Each board meeting physically attended (Chair)                                  |                    | $3,000           |
| Each board meeting, telephonic participation                                    |                    | $1,000           |
| Each committee meeting (other than Audit) physically attended (non-Chair)       |                    | $2,000           |
| Each committee meeting (other than Audit) physically attended (Chair)           |                    | $3,000           |
| Each Audit Committee meeting physically attended (non-Chair                     |                    | $5,000           |
| Each Audit Committee meeting physically attended (Chair)                        |                    | $7,500           |
| Each committee meeting (all), telephonic participation                          |                    | $  500 |
| Reimbursement of appropriate out-of-pocket expenses                             |                    |                  |

**Stock Grants**

****
    - 2,000 restricted shares and 2,000 stock options upon initial election toBoard
    - 2,000 restricted shares and 2,000 stock options following each annual meeting

**Flight Benefits**

****

            Benefits described inthe Form of Amended and Restated Letter Agreement relating to certain flight benefits between the Company and each of ournon-employee directors (previously filed).

----
**Exhibit 32.2**

 

**WRITTENSTATEMENT OF THE CHIEF FINANCIAL OFFICER**

**PURSUANTTO 18 U.S.C. 1350**

 

Solely for the purposes of complying with 18 U.S.C. 1350, I, theundersigned Chief Financial Officer of Liquidmetal Technologies, Inc. (the“Company”), hereby certifies, based on my knowledge, that the Quarterly Reporton Form 10-Q of the Company for the quarter ended June 30, 2009, (the“Report”) fully complies with the requirements of Section 13 (a) ofthe Securities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/ Tony Chung                       |   |
|--------------------------------------|--------|
| Tony Chung, Chief  Financial Officer |
| August 19, 2009                 |

 

----
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHN E. TRAIL, JR. ,

Petitioner ,
v. Case No. 5D 16

- 364 8 STATE OF FLORIDA ,

Respondent

. ________________________________/ Opinion filed March 24, 2017 Petition for Belated Appeal A Case of Original Jurisdiction. John E. Trail, Jr. , Crawfordville , pro se. Pamela Jo Bondi, Attorney G eneral Tallahassee, and, Marjorie Vincent

- Tripp Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM. The petition for belated appeal is granted. A copy of this opinion shall be filed
with the trial court and be treated as the n otice of appeal from the February 2, 2015 , judgment s and sentence s in C ase N o s

. 2013

- CF

- 057944

- A, 2014

- CF

- 40763

- A , 2014

- CF

- 40764

- A, and 2014

- CF

- 42500

- A, in the Circuit Court in and for Brevard County,
Florida. See Fla. R. App. P. 9.141(c)( 6 )(D).
PETITI ON GRANTED

.
COHEN, C.J., PALMER, WALLIS, JJ., concur.
<PAGE>
                                                                   EXHIBIT 24.6



                               POWER OF ATTORNEY


The undersigned director and/or officer of Karrington Health, Inc. (the
"Company"), does hereby constitute and appoint Richard R. Slager and Thomas
J. Klimback, or either of them, my true and lawful attorneys and agents, each
with full power of substitution, to do any and all acts and things in my name
and on my behalf in my capacity as a director of the Company and to execute
any and all instruments for me and in my name in the capacity indicated
above, which said attorneys or agents, or either of them, may deem necessary
or advisable to enable the Company to comply with the Securities Exchange Act
of 1934, as amended, and any rules, regulations and requirements of the
Securities and Exchange Commission thereunder, in connection with the filing
requirements of the Company's Annual Report on Form 10-K for the fiscal year
ended December 31, 1997 (the "1997 Form 10-K"), including specifically but
without limitation, power and authority to sign for me in my name, in the
capacity indicated above, the 1997 Form 10-K and any and all amendments to
such 1997 Form 10-K; and I do hereby ratify and confirm all that the said
attorneys and agents, or their substitute or substitutes, or either of them,
shall do or cause to be done by virtue hereof.

                                        /s/ JOHN S. CHRISTIE
                                        John S. Christie
                                        Director