alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    EXHIBIT 10.1

                    FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT

         This Fourth Amendment to Employment Agreement (the "Amendment") is made
and entered into as of the 3rd day of May, 2005 by and between Arlington
Hospitality Inc. (the "Company") and Stephen K. Miller ("Employee").

                                    RECITALS

         WHEREAS, the Company and Employee entered into that certain Employment
Agreement dated July 25, 2003 by and between the Company and Employee, as
amended by the First Amendment dated September 10, 2003, the Second Amendment
dated October 31, 2003, and the Third Amendment dated February 2,
2005(collectively, the "Agreement");

         WHEREAS, the Company and Employee have agreed to modify the Agreement
as provided herein;

         NOW, THEREFORE, in consideration of the premises and mutual covenants
and agreements of the parties herein contained, the parties agree as follow:


1.  All capitalized terms used but not defined herein shall have the meaning
    ascribed to such term in the Agreement.

2.  Amendment to Section 1.1. Section 1.1 of the Agreement as amended by
    Paragraph 2 of the Third Amendment is hereby further amended to extend the
    period during which Employee shall serve as the Interim Chief Executive
    Officer of the Company from April 30, 2005 to until the earlier of June 30,
    2005 or until a successor Chief Executive Officer (a "New CEO") is duly
    appointed by the Company's Board of Directors.

3.  Amendment to Sections 1(b) and 1(c) of Exhibit A. Sections 1(b) and 1(c) of
    Exhibit A of the Agreement as amended by Paragraph 5 of the Third Amendment
    are hereby further amended by deleting Sections 1(b) and 1(c) of Exhibit A
    in their entirety and replacing them with the following:

         (b) for the period commencing on January 1, 2005 and continuing to the
         earlier of June 30, 2005 or the date a New CEO is appointed (the
         "Appointment Date"), Two Hundred Thousand Dollars ($200,000) per year;
         (c) commencing on the earlier of June 30, 2005 or the Appointment Date
         and continuing for the remaining Employment Term, the Usual Salary
         Amount.



<PAGE>


4. No Other Amendment. The Employment Agreement has not been amended in any
   other way other than as set forth in this Amendment.

5. Counterparts. This Amendment may be executed in separate counterparts, each
   of which when so executed and delivered shall be deemed an original, but
   all of which together shall constitute one and the same instrument.

         IN WITNESS WHEREOF, this Amendment has been duly executed as of the day
and year specified at the beginning hereof.


THE COMPANY:                                          THE EMPLOYEE:

ARLINGTON HOSPITALITY, INC.

                                                      --------------------------
                                                      STEPHEN K. MILLER


By:
   ----------------------------
Its:
    ---------------------------
DEPARTMENT OF THE TREASURY

WASHINGTON, D.C.

Federal Advisory Committee on Insurance

Agenda

March 29, 2023

1:30 – 1:40 pm Opening Remarks by Secretary Yellen

1:40 – 1:50 pm Introduction & Federal Insurance Office (FIO) Update

1:50 – 2:10 pm Presentation by Kenneth Frino and Michael Porcelli of AM 

Best Rating Service on Life & Retirement Market 

Developments & Trends

2:10 – 2:40 pm Presentation by Availability and Affordability of Insurance 

Products Subcommittee – Discussion of 2023 Priorities 

2:40 – 2:50 pm Break

2:50 – 3:00 pm Update on International Subcommittee Activities

3:00 – 3:15 pm Update on Climate-Related Financial Risk Subcommittee 

Activities and FIO’s Climate-Related Work

3:15 – 3:30 pm Update on Comments to FIO’s Catastrophic Cyber RFI

3:30 pm Any other Business and Adjourn
<PAGE>

                                                                    EXHIBIT 31.1

                             FORM 10-Q CERTIFICATION

I, S. Leslie Flegel, certify that:

1. I have reviewed this report on Form 10-Q of Source Interlink Companies, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report.

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report.

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)), for the registrant and we have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls over
financial reporting.

December 10, 2004                        /s/ S. Leslie Flegel
                                       -------------------------
                                       S. Leslie Flegel
#### OLIVER v. STATE.

No. 21295.

Court of Criminal Appeals of Texas.

Oct. 23, 1940.

*953Chas. L. Nunn, of Sweetwater, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

It appearing that the appellant was regularly indicted, and that upon a proper trial of this cause he was assessed a fine of $125 by a jury, and that the cause was brought to this court without any statement of facts or bills of exception, we find nothing for this court to consider.

The judgment of the trial court is affirmed.
#### SULTEMIER v. STATE.

No. 21468.

Court of Criminal Appeals of Texas.

March 5, 1941.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The appeal is from a conviction giving a life sentence on a charge of rape.

The record is before us without statement of facts or bills of exception. The indictment and procedure thereon are regular. No question is presented for the consideration of this court, and the judgment of the trial court is accordingly affirmed.
#### REYES v. STATE.

No. 21227.

Court of Criminal Appeals of Texas.

Oct. 23, 1940.

W. E. Wilson, of Wichita Falls, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is aggravated assault; the punishment, confinement in jail for ninety days.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of.the Court of Criminal Appeals and approved by the Court.
Case 2:22-cv-00217-Z-BR Document 11 Filed 03/30/23 Page 1 of 1 PageID 35
#### SELIG CO. v. CITY OF PORT ISABEL.

No. 10850.

Court of Civil Appeals of Texas. San Antonio.

Jan. 22, 1941.

Clarence S. Bennett, of Brownsville, for appellant.

H.L. Faulk, of Brownsville, for appel-lee.

MURRAY, Justice.

In this case neither appellant nor appel-lee has filed briefs; it therefore becomes our duty to dismiss the appeal for want of prosecution, and it is so ordered.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS ENDED SEPTEMBER 30,
1998 AND THE CONSOLIDATED BALANCE SHEET AS SEPTEMBER 30, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         282,586
<SECURITIES>                                    52,842
<RECEIVABLES>                                   41,352
<ALLOWANCES>                                     4,420
<INVENTORY>                                          0
<CURRENT-ASSETS>                               523,282
<PP&E>                                         306,120
<DEPRECIATION>                                  84,730
<TOTAL-ASSETS>                                 878,630
<CURRENT-LIABILITIES>                          122,664
<BONDS>                                        772,998
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     28,637
<COMMON>                                           519
<OTHER-SE>                                    (55,789)
<TOTAL-LIABILITY-AND-EQUITY>                   878,630
<SALES>                                        165,732
<TOTAL-REVENUES>                               165,732
<CGS>                                          130,517
<TOTAL-COSTS>                                  130,517
<OTHER-EXPENSES>                               144,769
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              38,193
<INCOME-PRETAX>                              (130,006)
<INCOME-TAX>                                        65
<INCOME-CONTINUING>                          (130,071)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (130,071)
<EPS-PRIMARY>                                     2.70
<EPS-DILUTED>                                     2.70
        

</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 127 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 127

    To amend the Internal Revenue Code of 1986 to restore and make 
 permanent the exclusion for employer-provided educational assistance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

  Mr. Levin (for himself, Mr. Grandy, and Mr. Rangel) introduced the 
       following bill; which was referred to the Committee on    

                              June 2, 1993

  Additional sponsors: Mr. Durbin, Mr. Skaggs, Mr. Walsh, Mr. Holden, 
Mrs. Bentley, Mr. Vento, Mr. Reed, Mr. Evans, Mr. Mazzoli, Mr. Neal of 
Massachusetts, Mr. Talent, Mr. Dellums, Mr. LaFalce, Mrs. Unsoeld, Mrs. 
   Maloney, Mr. Swift, Mr. Price of North Carolina, Mr. Stokes, Mr. 
    McCloskey, Mr. Oberstar, Ms. Pelosi, Mr. Klug, Mr. Nadler, Ms. 
Shepherd, Mr. Hyde, Mr. Olver, Mr. Wyden, Mr. Glickman, Mr. Moran, Mr. 
  Jacobs, Mr. Bonior, Mr. Martinez, Mr. Sensenbrenner, Mr. Synar, Mr. 
   Kopetski, Mr. Borski, Mr. Neal of North Carolina, Mr. Manton, Mr. 
Hancock, Mr. Sundquist, Mr. Gingrich, Mr. Hefley, Mr. Hutto, Mr. Kolbe, 
     Mr. Kyl, Mrs. Morella, Mrs. Meyers of Kansas, Mr. Oxley, Mr. 
 Rohrabacher, Mr. Saxton, Mr. Schiff, Mr. Ballenger, Mr. Hastert, Mr. 
 Knollenberg, Mr. Quinn, Mr. Shaw, Mr. Solomon, Mr. Weldon, Mr. Shays, 
Mr. Peterson of Minnesota, Mr. Torricelli, Mr. Rahall, Mr. Serrano, Mr. 
    Kleczka, Mr. Santorum, Mr. Kennedy, Mr. Coble, Mr. Sanders, Mr. 
 Coleman, Mr. Camp, Mr. Crane, Mr. Clinger, Mr. Combest, Mr. Emerson, 
   Mr. Fawell, Mrs. Fowler, Mr. Gallo, Mr. Gillmor, Mr. Istook, Mr. 
Pickett, Ms. Pryce of Ohio, Mr. Browder, Mr. Inglis of South Carolina, 
                       Mr. Barcia, and Mr. Klink

_______________________________________________________________________

                                 A BILL

 
    To amend the Internal Revenue Code of 1986 to restore and make 
 permanent the exclusion for employer-provided educational assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Educational Assistance Act 
of 1993''.

SEC. 2. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.

    (a) In General.--Section 127 of the Internal Revenue Code of 1986 
(relating to educational assistance programs) is amended by striking 
subsection (d) and by redesignating subsection (e) as subsection (d).
    (b) Conforming Amendment.--Paragraph (2) of section 103(a) of the 
Tax Extension Act of 1991 is hereby repealed.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1991.

                                 <all>
```
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


September 30, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Dynamic Sector Income Trust,
Series 13


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Dynamic Sector Income Trust, Series 13 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on September 29, 2015, in accordance with the valuation method set forth
in the Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as
the party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-206462) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an
exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                            


Gerardo Cipriano


Vice President
(logo) Deutsche Bank

 

1761 East St. Andrew Place

Santa Ana, CA 92705-4934

 

Tel  714 247 6000

Fax 714 247 6009

 

 

ANNUAL STATEMENT AS TO COMPLIANCE

 

COMM 2015-CCRE25

 

The undersigned, David Co, a Director of Deutsche Bank Trust Company Americas, as the Certificate Administrator (a “Certifying Servicer”) under the Pooling and Servicing Agreement, dated as of August 1, 2015 (the “Agreement”), by and among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor, Wells Fargo Bank, National Association, as Master Servicer, CWCapital Asset Management LLC, as Special Servicer, Wilmington Trust, National Association, as Trustee, Deutsche Bank Trust Company Americas, as Certificate Administrator, Paying Agent and Custodian, and Pentalpha Surveillance LLC, as Operating Advisor, here by certifies in accordance with Section 10.11 of the Agreement:

 

A) A review of such Certifying Servicer’s activities from August 1, 2015 to December 31, 2015 (the “reporting period”) and of such Certifying Servicer’s performance under the Agreement has been made under such officer’s supervision and

B) That, as to the best of such officer’s knowledge, based on such review, such Certifying Servicer has fulfilled all its obligations under the Agreement, in all material respects throughout the reporting period.

 

 

DEUTSCHE BANK TRUST COMPANY AMERICAS

as Certificate Administrator

 

/s/ David Co

BY: David Co

Title: Director

Date: March 1, 2016
#### Matthew N. Bubnell et al., Respondents, v Holmes Ambulance Service Corp., Appellant.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Bur-stein, J.), entered January 12, 1989, which, among other things, *sua sponte,*declared a mistrial and directed that the defense of workers’ compensation interposed by the defendant be referred to the Workers’ Compensation Board for resolution.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.

The issue in the case at bar is whether the defendant is the alter ego of the plaintiffs’ employer, such that, by virtue of workers’ compensation, it is insulated from suit. It is well-settled New York law that where there exists a mixed question of law and fact concerning the applicability of the Workers’ Compensation Law, the matter should be remitted to the Workers’ Compensation Board for conclusive determination *(see, Botwinick v Ogden,*59 NY2d 909; *O’Rourke v Long,*41 NY2d 219). However, where, as here, a case has been in litigation for many years, and the parties appear in court ready to proceed to trial, it was an improvident exercise of discretion for the court to cause "operative prejudice” *(see, Shine v Duncan Petroleum Transp.,*60 NY2d 22, 27) by staying the matter further while the Workers’ Compensation Board decides this issue, which is readily susceptible of resolution by the trier of fact. Bracken, J. P., Lawrence, Eiber and Rosenblatt, JJ., concur.
**
**Exhibit 31.1**

**CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER**

**PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Daniel R. Passeri, certify that: 

 
1.
I have reviewed this Amendment No. 2 to Annual Report on Form 10-Kof Cue Biopharma, Inc.; and 

 
2.
Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report. 

Date: April 29, 2020 

 

  Cue Biopharma, Inc.
          By: 
/s/ Daniel R. Passeri
 
Daniel R. Passeri

Chief ExecutiveOfficer

(Principal Executive Officer)

 
**
I

103D CONGRESS

1ST SESSION H. R. 1327

To amend title XVIII of the Social Security Act to provide for a limitation

on the use of claim sampling to deny claims or recover overpayments

under the medicare program.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1993

Mr. RICHARDSON introduced the following bill; which was referred jointly to

the Committees on Energy and Commerce and Ways and Means

A BILL

To amend title XVIII of the Social Security Act to provide

for a limitation on the use of claim sampling to deny

claims or recover overpayments under the medicare program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIMITATION ON USE OF CLAIM SAMPLING TO

4 DENY CLAIMS OR RECOVER OVERPAYMENTS

5 UNDER MEDICARE.

6 (a) LIMITATION ON USE OF CLAIM SAMPLING.—Sec7 tion 1869(a) of the Social Security Act (42 U.S.C.

8 1395ff(a)) is amended—
2

•HR 1327 IH

1 (1) by striking ‘‘(a) The determination’’ and in2 serting ‘‘(a)(1) Subject to paragraph (2), the deter3 mination’’; and

4 (2) by adding at the end thereof the following

5 new paragraph:

6 ‘‘(2) Except for purposes of assessing civil money

7 penalties for fraud under section 1128A(a)—

8 ‘‘(A) the determination of whether an individual

9 is entitled to benefits under part A or part B shall

10 be based solely on the individual’s entitlement to

11 such benefits; and

12 ‘‘(B) the Secretary may not make any deter13 mination with respect to any claim for benefits de14 scribed in paragraph (1) by applying information ob15 tained through a process of claim sampling to such

16 claim.’’.

17 (b) CONFORMING AMENDMENTS.—(1) Section

18 1862(f) of such Act (42 U.S.C. 1395y(f)) is amended by

19 striking ‘‘otherwise’’ and inserting ‘‘otherwise that meets

20 the requirements of section 1869(a)(2)’’.

21 (2) Section 1869(b)(1) of such Act (42 U.S.C.

22 1395ff(b)(1)) is amended by striking ‘‘subsection (a)’’ and

23 inserting ‘‘subsection (a)(1)’’.
3

•HR 1327 IH

1 SEC. 2. EFFECTIVE DATE.

2 The amendments made by section 1 shall apply to

3 determinations on claims for benefits under title XVIII of

4 the Social Security Act issued on or after the date of en5 actment of this Act.

Æ