alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                  EXHIBIT 10.a

                   AMENDMENT TO WHITMAN EMPLOYMENT AGREEMENT



            Amendment No. 2 dated as of January 3, 1997, among FTD Corporation a
Delaware corporation ("FTD Corporation"), Florists' Transworld Delivery, Inc.,
a Michigan corporation (the "Company" or "FTD") and Margaret C. Whitman (the
"Executive"), amending the Employment Agreement dated as of March 31, 1995 (as
amended, the "Agreement"), among FTD Corporation (formerly known as Perry
Capital Corp.), FTD and the Executive.


                                  WITNESSETH:


                           WHEREAS, Executive, FTD Corporation and FTD deem it 
to be in their respective best interests to amend certain terms and provisions 
of the Agreement as set forth in this Amendment No. 2.

                            NOW, THEREFORE, in consideration of the premises 
and the mutual promises and agreements contained herein, it is hereby agreed 
as follows:

           1.   Definitions.  All terms used herin which are
                defined in the Agreement and not otherwise defined herein are
                used herein s defined therein.
           2.   Amendment of Section 3(b) of the Agreement.
                Subsections (b)(iii) of Section 3 of the Agreement is hereby
                deleted in its entirety.
           3.   Section 5 of the Agreement.  Notwithstanding
                anything to the contrary contained in Section 5 of the
                Agreement, the parties hereto hereby agree that the Term of
                Employment shall expire January 3, 1997.
           4.   Governing Law.  This Amendment No. 2 shall be
                governed by and construed in accordance with the internal laws
                of the State of Delaware except to the extent governed by
                federal law.
           5.   Counterparts.  This Amendment No. 2 may be executed
                in counterparts, each of which shall be deemed an original but
                all of which together shall constitute one and the same
                instrument.
     
                          IN WITNESS WHEREOF, the parties hereto have executed 
this Amendment No. 2 as of the day and year first above written.
**Exhibit 31.1**
CERTIFICATION
I, John S. Davis, certify that:
1. I have reviewed this annual report on Form 10-K of EnergySouth, Inc. (the“Registrant”); 2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis annual report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this annualreport; 4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrantand have:
 a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this annual report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this annual report based on such evaluation;and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officers and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent functions):
 a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably which are likely to adversely affect the registrant’sability to record, process, summarize and report financial information;and  b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.        Date: December 3, 2004 /s/ John S. Davis    John S. Davis  President and   Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FTD INC.
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          21,023
<SECURITIES>                                         0
<RECEIVABLES>                                   35,414
<ALLOWANCES>                                     2,495
<INVENTORY>                                     14,770
<CURRENT-ASSETS>                                80,696
<PP&E>                                          15,901
<DEPRECIATION>                                  28,767
<TOTAL-ASSETS>                                 178,071
<CURRENT-LIABILITIES>                           78,737
<BONDS>                                         67,932
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      23,100
<TOTAL-LIABILITY-AND-EQUITY>                   178,071
<SALES>                                         26,017
<TOTAL-REVENUES>                                78,160
<CGS>                                           20,146
<TOTAL-COSTS>                                   48,011
<OTHER-EXPENSES>                                25,934
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,181
<INCOME-PRETAX>                                  (966)
<INCOME-TAX>                                       137
<INCOME-CONTINUING>                            (1,102)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (835)
<CHANGES>                                            0
<NET-INCOME>                                   (1,937)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 23.1
CONSENT OF INDEPENDENT AUDITORS
We consent to the incorporation by reference in the Registration Statement onForm S-8, No. 333-85300, pertaining to the American Bank Note Holographics,Inc. 2000 Stock Incentive Plan, as Amended, and the Registration Statement on Form S-8, No.333-61602, pertaining to the American Bank Note Holographics, Inc. 1998 StockIncentive Plan, as Amended; the American Bank Note Holographics, Inc. 2000Stock Incentive Plan; the Option Agreement between Dr. Stephen Benton andAmerican Bank Note Holographics, Inc., dated July 20, 1998; and the OptionAgreement between Mr. Russell Lacoste and American Bank Note Holographics,Inc., dated October 11, 1999, of American Bank Note Holographics, Inc. (the“Company”) of our report dated March 7, 2003, with respect to the financialstatements and schedule of the Company, as of and for the year ended December31, 2002, included in the Company’s Annual Report (Form 10-K) for the yearended December 31, 2002.
 /s/ Ernst & Young LLP
New York, New York
#### SEAN DOYLE *v.*METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY

The plaintiffs petition for certification for appeal from the Appellate Court, 48 Conn. App. 902 (AC 17006), is granted, limited to the following issue:

“Did the Appellate Court properly conclude that the tortfeasor’s vehicle is not underinsured when the tort-feasor has a $100,000 liability policy and the plaintiff has a $100,000/$300,000 split limit uninsured motorist policy in circumstances where, due to the existence of multiple claimants, the plaintiffs recovery under the tortfeasor’s policy is less than $100,000?”

*904The Supreme Court docket number is SC 15939.

*Bernard, Pellegrino,*in support of the petition.

*Karen T. Gerber,*in opposition.

Decided May 15, 1998
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

          - [Docket No. ER00-945-001]

Take notice that on October 13, 2000, Central Power and Light Company (CPL) submitted for filing Facility Schedule No. 3 to the November 29, 1999 Interconnection Agreement between CPL and Sharyland Utilities, L.P. (Sharyland), establishing a new point of interconnection between the Sharyland and CPL systems.

CPL requests that the amendment to the Interconnection Agreement be accepted to become effective as of August 4, 2000. Accordingly, CPL requests waiver of the Commission's notice requirements.

CPL states that a copy of the filing was served on Sharyland and the Public Utility Commission of Texas.

                    Any person desiring to be heard or to protest such filing should file a motion                           ( print page 64694)                        to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions and protests should be filed on or November 3, 2000. Protests will be considered by the Commission to determine the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Beginning November 1, 2000, comments and protests may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at ­                    *http://www.ferc.fed.us/​efi/​doorbell.htm.*

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00-27771  Filed 10-27-00; 8:45 am]

BILLING CODE 6717-01-M
#### DUNN v. STATE.

No. 23122.

Court of Criminal Appeals of Texas.

May 9, 1945.

Alex P. Pope and Nat Gentry, both of Tyler, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

GRAVES, Judge.

Appellant was convicted in the county court of Smith County for the violation of the liquor law and his punishment was assessed at a fine of $100.

The record is before us without a statement of facts or bills of exceptions. Appellant entered a plea of guilty to the offense charged, and waived a jury upon the trial. All matters of procedure appear to be in regular form.

The judgment of the trial court is affirmed.
(LOGO)
FARMERS
STATE BANK & TRUST




Norwest Bank Minnesota, N.A.
11000 Broken Land Parkway
Columbia, MD 21044-3562

Attention: Master Servicing

RE: Officer's Certificate

Dear Master Servicer:

The undersigned Officer certifies the following for the 1997 fiscal year:

A.   I have reviewed the activities and performance of the Servicer during the
     preceding fiscal year under the terms of the Servicing Agreement, Trust
     Agreement, Pooling and Servicing Agreement and/or Seller/Servicer Guide and
     to the best of this Officer's knowledge, the Servicer has fulfilled all of
     its duties, responsibilities or obligations under these Agreements
     throughout such year, or if there has been a default or failure of the
     servicer to perform any of such duties, responsibilities or obligations, a
     description of each default or failure and the nature and status thereof
     has been reported to Norwest Bank Minnesota, N. A.;

B.   I have confirmed that the Servicer is currently an approved FNMA and FHLMC
     servicer in good standing;

C.   I have confirmed that the Fidelity Bond, the Errors and Omissions Insurance
     Policy  and any other  bonds  required  under  the  terms of the  Servicing
     Agreement,   Trust  Agreement,   Polling  and  Servicing  Agreement  and/or
     Seller/Servicer Guide are in full force and effect;

D.    All premiums for each Hazard Insurance Policy,  Flood Insurance Policy (if
      applicable) and Primary Mortgage  Insurance  Policy (if applicable),  with
      respect  to each  Mortgaged  Propert)',  have  been paid and that all such
      insurance policies are in full force and effect;

E.    All real estate taxes,  governmental  assessments  and any other  expenses
      accrued and due, that if not paid could result in a lien or encumbrance on
      any Mortgage  Property,  have been paid, or if any, such costs or expenses
      have not been paid with respect to any Mortgage  Property,  the reason for
      the non-payment has been reported to Norwest Bank Minnesota, N.A.;

F.    All Custodial Accounts have been reconciled and are properly funded; and

G. All annual  reports of  Foredosure  and  Abandonment  of  Mortgaged  Property
   required  per  section  6050H,  6050J and 6050P  of[he  Internal  Revenue
    Code,respectively, have been prepared and filed.


Certified By:

/s/Edward J. Meekins
Edward J. Meekins
Vice President

March 30, 1998
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          53,000
<SECURITIES>                                         0
<RECEIVABLES>                                 1,357000
<ALLOWANCES>                                  (28,000)
<INVENTORY>                                    592,000
<CURRENT-ASSETS>                             2,133,000
<PP&E>                                       1,901,000
<DEPRECIATION>                             (1,475,000)
<TOTAL-ASSETS>                               2,954,000
<CURRENT-LIABILITIES>                        2,382,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        76,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,954,000
<SALES>                                      4,091,000
<TOTAL-REVENUES>                             4,091,000
<CGS>                                        3,116,000
<TOTAL-COSTS>                                3,116,000
<OTHER-EXPENSES>                               887,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              47,000
<INCOME-PRETAX>                                 47,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             47,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    47,000
<EPS-PRIMARY>                                     .003
<EPS-DILUTED>                                     .003
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                                            6
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1998
<INVESTMENTS-AT-COST>                          18,239,926
<INVESTMENTS-AT-VALUE>                         27,719,255
<RECEIVABLES>                                  0
<ASSETS-OTHER>                                 514,398
<OTHER-ITEMS-ASSETS>                           0
<TOTAL-ASSETS>                                 28,233,653
<PAYABLE-FOR-SECURITIES>                       0
<SENIOR-LONG-TERM-DEBT>                        9,293,712
<OTHER-ITEMS-LIABILITIES>                      273,906
<TOTAL-LIABILITIES>                            9,567,618
<SENIOR-EQUITY>                                0
<PAID-IN-CAPITAL-COMMON>                       9,492,599
<SHARES-COMMON-STOCK>                          5,023,361
<SHARES-COMMON-PRIOR>                          5,023,361
<ACCUMULATED-NII-CURRENT>                      9,173,436
<OVERDISTRIBUTION-NII>                         0
<ACCUMULATED-NET-GAINS>                        0
<OVERDISTRIBUTION-GAINS>                       0
<ACCUM-APPREC-OR-DEPREC>                       9,479,329
<NET-ASSETS>                                   18,666,035
<DIVIDEND-INCOME>                              0
<INTEREST-INCOME>                              188,669
<OTHER-INCOME>                                 42,256
<EXPENSES-NET>                                 473,856
<NET-INVESTMENT-INCOME>                        (242,931)
<REALIZED-GAINS-CURRENT>                       (4,914)
<APPREC-INCREASE-CURRENT>                      10,288,332
<NET-CHANGE-FROM-OPS>                          10,040,487
<EQUALIZATION>                                 0
<DISTRIBUTIONS-OF-INCOME>                      0
<DISTRIBUTIONS-OF-GAINS>                       0
<DISTRIBUTIONS-OTHER>                          0
<NUMBER-OF-SHARES-SOLD>                        0
<NUMBER-OF-SHARES-REDEEMED>                    0
<SHARES-REINVESTED>                            0
<NET-CHANGE-IN-ASSETS>                         10,040,487
<ACCUMULATED-NII-PRIOR>                        0
<ACCUMULATED-GAINS-PRIOR>                      0
<OVERDISTRIB-NII-PRIOR>                        0
<OVERDIST-NET-GAINS-PRIOR>                     0
<GROSS-ADVISORY-FEES>                          0
<INTEREST-EXPENSE>                             196,392
<GROSS-EXPENSE>                                473,856
<AVERAGE-NET-ASSETS>                           13,645,792
<PER-SHARE-NAV-BEGIN>                          1.71
<PER-SHARE-NII>                                2.00
<PER-SHARE-GAIN-APPREC>                        2.05
<PER-SHARE-DIVIDEND>                           0
<PER-SHARE-DISTRIBUTIONS>                      0
<RETURNS-OF-CAPITAL>                           0
<PER-SHARE-NAV-END>                            3.72
<EXPENSE-RATIO>                                3.47
<AVG-DEBT-OUTSTANDING>                         9,288,607
<AVG-DEBT-PER-SHARE>                           1.85
        


</TABLE>
# Fourth Court of Appeals

San Antonio, Texas

December 22, 2021

No. 04

- 21

- 00486

- CV

Joe MARTINEZ, Appellant

v.

Avelina MARTINEZ, Appellee

From the 224th Judicial District Court

, Bexar County, Texas

T rial Court No. 2021CI00183

Honorable Nicole Garza , Judge Presiding



### O R D E R

T he filing fee of $205.00, which was due from appellant Joe Martine z when this appeal was filed, has not been paid. The clerk of t h i s court notified appellant of this deficiency in a

letter dated November 4

, 202 1 and st ated the fee must be remitted no later than November 1 8

, 2021. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides:

A party who is not excused by statute or these rules from paying costs

must pay

— at the time an item is presented for filing

— whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

T EX

. R. A PP

. P . 5.

Appellant also has not filed a docketing statement, although the clerk of this court also notified appellant of these deficiencies and required corrective actio n by November 18, 202 1

.

We therefore ORDER appellant, not later than January 4, 202 2 , to ei ther (1) pay the applicable filing fee or (2) provide written proof to this court that he is excused by statute or the Rules of Appellate Procedure from paying the fee. Se e T EX

. R. A PP

. P

. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will bedismissed. See T EX

. R. A PP

. P

. 42.3(c). Appellant is FURTHER ORDERED to file a docketing

statement not l ater than January 4, 202 2

.

The clerk’s record was originally due on December 2 0 , 2021.  O n December 21, 202 1

, the trial court clerk filed a Notification of Late Record stating appellant has failed to pay or make

arrangement s to pay the clerk’s fee for p reparing the record and appellant is not entitled to appeal without paying the fee.

It is therefore ORDERED that appellant provide written proof to this court no later

than January 4, 202 2 that either (1) the clerk’s fee has been paid or arrangemen ts have been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. Se e T EX

. R. A PP

. P . 37.3(b)

.

_________________________________ Lori I. Valenzuela , Justice

IN WIT NESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 22nd day of December, 2021

.

___________________________________ MICHAEL A. CRUZ

, Clerk of C ourt