alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1






EXHIBIT 10.1



During the quarter ended September 30, 2008, Lance F. Bospflug, who is a member of the Board of
Directors of the Company, was employed for special projects reporting directly to Al A. Gonsoulin,
Chairman and CEO. Mr. Bospflug’s salary is approximately $34,000 per month and he will participate
in the executive incentive compensation plan and the officers deferred compensation plan. He is
eligible for the same insurance and welfare benefits as other employees. While employed, Mr.
Bospflug will not receive any additional compensation for his service on the Company’s board.
Form of First Amendment to Employment Agreement



 Exhibit 10.3 
 FORM OF FIRST AMENDMENT 
 TO 
 EMPLOYMENT AGREEMENT 
 A. The Employment Agreement (the “Agreement”) dated as of August 14, 2007 by and
between Peter Levine (the “Executive”) and Citrix Systems, Inc. (the “Company”) is hereby amended as follows: 
 1.
Section 5(G) of the Agreement is hereby amended by deleting the second paragraph thereof and substituting the following in lieu thereof: 
 “The severance payments provided under this Section 5(G) shall be paid on the first payroll date 30 days after the Executive’s termination of employment; provided, however, that, if at the time of the
Executive’s ‘separation from service’ within the meaning of Section 409A of the Code, the Company determines that the Executive is a ‘specified employee’ within the meaning of Section 409A(a)(2)(B)(i) of the Code,
then to the extent any payment that the Executive becomes entitled to under this Agreement would be considered deferred compensation subject to the 20 percent additional tax imposed pursuant to Section 409A(a) of the Code as a result of the
application of Section 409A(a)(2)(B)(i) of the Code, such payment shall not be payable until the date that is the earlier of (A) six months and one day after the Executive’s separation from service, or (B) the Executive’s
death. Any such delayed cash payment shall earn interest at an annual rate equal to the applicable federal short-term rate published by the Internal Revenue Service for the month in which the date of separation from service occurs, from such date of
separation from service until the payment. 
 The parties intend that this Agreement will be administered in accordance with
Section 409A of the Code. To the extent that any provision of this Agreement is ambiguous as to its compliance with Section 409A of the Code, the provision shall be read in such a manner so that all payments hereunder comply with
Section 409A of the Code. The parties agree that this Agreement may be amended, as reasonably requested by either party, and as may be necessary to 








 
fully comply with Section 409A of the Code and all related rules and regulations in order to preserve the payments and benefits provided hereunder
without additional cost to either party. 
 The determination of whether and when a separation from service has occurred shall
be made in accordance with the presumptions set forth in Treasury Regulation Section 1.409A-1(h). 
 The Company makes no
representation or warranty and shall have no liability to the Executive or any other person if any provisions of this Agreement are determined to constitute deferred compensation subject to Section 409A of the Code but do not satisfy an
exemption from, or the conditions of, such Section.” 
 B. The effective date of this First Amendment shall be November
[    ], 2008. 
 C. Except as amended herein, the Agreement is confirmed in all other respects. 
  

			
	CITRIX SYSTEMS, INC.
		
	By:	 	  

	Name:	 	
	Title:	 	
	
	  

	Peter Levine
EXHIBIT 10.27

                 INCENTIVE COMPENSATION PROGRAM FOR FISCAL 1997
                         (MANAGEMENT COMPENSATION PLAN)


<PAGE>

                    INCENTIVE COMPENSATION PROGRAM FOR FY 97
                          FOR EXECUTIVE LEVEL EMPLOYEES

Each executive will have the opportunity to earn incentive compensation as a
function of revenue and operating income attainment. The formula based program
will allow each participant to earn incentive compensation which approximates
25% of base salary.

Fifty (50%) percent of the incentive pay will be distributed as earned on a
quarterly basis, consistent with Numerex's reporting cycles, with the remaining
50% being dependent on full year attainment.

Incentive compensation under this program is based entirely on revenue growth
and bottom line performance. This type of sharp focus is essential in a
multi-divisional corporation, as it clearly communicates our corporate goals to
each executive.

Operating company executives will earn incentive compensation as a function of
their respective operating company's performance, not Numerex performance.
Numerex executives will be paid based on Numerex's overall performance.

Both the quarterly and annual formulas provide for no bonus payment until 87.5%
of plan is attained. From 87.5% to 100%, bonuses are also calculated in a linear
fashion. The formula-based approach allows for increased incentive compensation
for over achievement.

The approach also permits the development of a negative balance in the
"incentive compensation" account, should quarterly performance fail to achieve
minimum performance. Negative balances will be carried forward and netted before
any subsequent payment is made.
EXHIBIT 32.1

CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C.
§ 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Form
10-K of McIntosh Bancshares, Inc. (the Company) for the year ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), William K. Malone, Chief Executive Officer of
the Company, and Darren M. Cantlay, Chief Financial and Accounting Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of our knowledge
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 results of operation of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

/s/ William K. MaloneWILLIAM K. MALONE Chief
Executive Officer March 26, 2010/s/ Darren M. CantlayDARREN M. CANTLAY Chief
Financial Officer and Accounting Officer March 26, 2010


This certification accompanies this Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.
#### AMERICAN CASUALTY CO. v. BAILEY.

No. 3482.

Court of Civil Appeals of Texas. Beaumont.

May 25, 1939.

Sanders & McLeroy, of Center, for appellant.

E. B. Lewis, and Davis, Avery & Wallace, all of Center, for appellee.

O’QUINN, Justice.

This is an appeal from an order overruling a plea of privilege. Appellee, S. L. Bailey, sued appellant in the district court of Shelby County, Texas, to recover for loss of time and disability caused him by injuries accidentally received while riding in an automobile, such loss of time and disability covered by an insurance policy issued to him by appellant, and being in full force and effect at the time of the accident.

Appellant filed its plea of privilege to be sued in the county of its domicile, alleged to be Dallas County, Texas. Appellee duly filed his controverting, affidavit making his Original Petition a part thereof, and asserting, among other grounds, venue in the district court of Shelby County by virtue of Section 5 of Article 1995, R.S.1925, Vernon’s Ann.Civ.St. art. 1995, subd. 5, on the ground that the insurance policy was a contract in writing performable in Shelby County; and Section 23 of said article, the suit being one against a corporation, the cause of action, or'at least a part thereof arising in Shelby County; and Section 28 of said Article, the suit being a suit against such character of insurance corporation as therein mentioned, on an insurance policy, the loss covered by the policy occurring in Shelby County; and Section 28 of said Article, the suit being a suit against such insurance corporation as therein mentioned on an insurance policy by it issued, the holder and beneficiary therein, appellee, residing in Shelby County.

Upon a hearing the plea was overruled. The policy was in evidence. The injury occurred' in Shelby County. *339Bailey resided in Shelby Comity. Under the facts and the law the venue was properly laid in the district court of Shelby County. As a reason why its plea of privilege should have been sustained, appellant insists (a) that appellee failed to prove that he had furnished proof of loss in compliance with the provisions of the policy of insurance; and (b) that the suit was barred by the four year statute of limitations. These are matters of defense against the • suit on its merits, and have nothing to do with the venue of the case.

No error appearing, the judgment is affirmed.
#### JONES v. KELLOGG et al.

No. 10867.

Court of Civil Appeals of Texas. San Antonio.

May 8, 1940.

'Rehearing Denied May 29, 1940.

Joe Burkett, of San Antonio, and Atlas Jones, of Uvalde, for appellant.

Suttle & Kessler, of Uvalde, for appel-lees.

MURRAY, Justice.

This is an appeal from an order of the District Court of Uvalde County dismissing an attempted appeal to that court from an order of the County Court of Uvalde County, wherein A. L. (Casey) Jones was denied leave to change his beer business from 103 West Front Street, in the City of Uvalde, to a place one mile off Highway No. 90, east of the City of Uvalde.

' The only question here presented is whether the district court has jurisdiction to hear an -appeal of this nature.

The district court hás no appellate jurisdiction over orders of the county court, unless such jurisdiction is expressly given it by law. Section 8, Art. 5, Constitution of Texas, Vernon’s Ann.St.; Arts. 1906, 1907 and 1908, R.C.S.1925; 11 Tex.jur. 724. '

Article 667 — 6, Vernon's Penal Code, prescribes the method of applying for a license to sell beer and provides for an appeal from a refusal of the County Judge to grant the license. The same article, Sec. 7, provides for the expiration and renewal of licenses, and also the-method of applying for a change of address, by a license holder from one location to-•another, this section providing in part as. follows: “Should any holder of a license desire to change the place of business designated in such license, he may do so by applying to the County Judge and receiving his consent or approval as in the case of original application for license as herein provided.” '

It is the contention of appellant-that this reference, contained in Section 7, refers back to Section 6, and adopts the method of appeal provided for therein as the method of appeal where an application for a change *593of address is denied. We overrule this contention. If it was the intention of the legislature to provide for an appeal from the county court to the district court, where an application for a change of address was refused, there should have been a plain provision to this effect. Davis v. Hubbard, Tex.Civ.App., 233 S.W. 875.

The district court did not have jurisdiction to hear this appeal and fo.r a like reason we do not have jurisdiction to hear this attempted appeal from the district court.

The appeal will be dismissed.
IC 

115TH CONGRESS 

1ST SESSION S. 2030 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 22, 2017 

Referred to the Committee on Energy and Commerce 

AN ACT 

To deem the compliance date for amended energy conservation standards for ceiling fan light kits to be January 

21, 2020, and for other purposes. 

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


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S 2030 RFH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ceiling Fan Energy 

3 Conservation Harmonization Act’’. 

4 SEC. 2. COMPLIANCE DATE FOR AMENDED ENERGY CON5 SERVATION STANDARDS FOR CEILING FAN 

6 LIGHT KITS. 

7 (a) IN GENERAL.—The compliance date for the 

8 amended energy conservation standards established for 

9 ceiling fan light kits in the final rule entitled ‘‘Energy 

10 Conservation Program: Energy Conservation Standards 

11 for Ceiling Fan Light Kits’’ (81 Fed. Reg. 580 (January 

12 6, 2016)) is deemed to be January 21, 2020. 

13 (b) CONFORMING CHANGES.—Not later than 60 days 

14 after the date of enactment of this Act, the Secretary of 

15 Energy shall make such technical and conforming changes 

16 to any regulation, guidance document, or procedure as 

17 may be necessary to implement subsection (a). 

Passed the Senate December 21, 2017. 

Attest: JULIE E. ADAMS, 

Secretary. 


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EXHIBIT 31.1

           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 Trimol Group, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Executive Officer of the Company hereby certifies, 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 results of operations of the Company as of and for the periods
covered in the Report.


                                        /s/ Yuri Benenson
                                        -----------------
                                        Yuri Benenson
                                        Chief Executive Officer
                                        TRIMOL GROUP, INC.

November 21, 2005


                                       19
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 24, 2007 Clifford W. Taylor,

 Chief Justice 

134349 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

MATTHEW VAN EMAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134349 

 COA: 267473 

Wayne CC: 04-407867-CP 

C.A.R.S. PROTECTION PLUS, INC.,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 22, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

s0917 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 24, 2007 

 Clerk
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1088 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1088

To amend title 38, United States Code, to provide for a one-year period 
for the training of new disabled veterans' outreach program specialists 
 and local veterans' employment representatives by National Veterans' 
              Employment and Training Services Institute.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2009

 Ms. Herseth Sandlin introduced the following bill; which was referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to provide for a one-year period 
for the training of new disabled veterans' outreach program specialists 
 and local veterans' employment representatives by National Veterans' 
              Employment and Training Services Institute.

    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 ``Mandatory Veteran Specialist 
Training Act of 2009''.

SEC. 2. ONE-YEAR PERIOD FOR TRAINING OF NEW DISABLED VETERANS' OUTREACH 
              PROGRAM SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT 
              REPRESENTATIVES BY NATIONAL VETERANS' EMPLOYMENT AND 
              TRAINING SERVICES INSTITUTE.

    (a) One-Year Period.--Section 4102A(c)(8)(A) of title 38, United 
States Code is amended by striking ``three-year period'' and inserting 
``one-year period''.
    (b) Effective Date.--
            (1) Applicability to new employees.--The amendment made by 
        subsection (a) shall apply with respect to a State employee 
        assigned to perform the duties of a disabled veterans' outreach 
        program specialist or a local veterans' employment 
        representative under chapter 41 of such title who is so 
        assigned on or after the date of the enactment of this Act.
            (2) Applicability to previously-hired employees.--In the 
        case of such a State employee who is so assigned on or after 
        January 1, 2006, and before the date of the enactment of this 
        Act, the Secretary of Veterans Affairs shall require the State 
        to require, as a condition of a grant or contract under which 
        funds are made available to the State in order to carry out 
        section 4103A or 4104 of title 38, United States Code, each 
        such employee to satisfactorily complete the training described 
        in section 4102A(c)(8)(A) of such title by not later than the 
        date that is one year after the date of the enactment of this 
        Act.
                                 <all>
```
No. 65 SSM 7

The People &c.,

Appellant,

v.

James Ball,

Respondent.

Submitted by Kenneth H. Tyler, Jr., for appellant.

Submitted by John A. Cirando, for respondent.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, for

reasons stated in the memorandum at the Appellate Division ( see People v Ball , 175 AD3d

987 [4th Dept 2019]). Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia,

Wilson and Feinman concur.

Decided June 9, 2020
II 

115TH CONGRESS 

1ST SESSION S. 1950 

To require the Federal Communications Commission to submit to Congress 

a report on promoting broadband Internet access service for veterans. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2017 

Mr. BLUMENTHAL (for himself and Mr. BOOKER) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To require the Federal Communications Commission to submit to Congress a report on promoting broadband Internet access service for veterans. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Broadband 

5 Access for Veterans Act of 2017’’. 

6 SEC. 2. REPORT ON PROMOTING BROADBAND INTERNET 

7 ACCESS SERVICE FOR VETERANS. 

8 (a) DEFINITIONS.—In this section— 


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•S 1950 IS

1 (1) the term ‘‘broadband Internet access serv2 ice’’— 

3 (A) means a mass-market retail service by 

4 wire or radio that provides the capability to 

5 transmit data to and receive data from all or 

6 substantially all Internet endpoints, including 

7 any capabilities that are incidental to and en8 able the operation of the communications serv9 ice; 

10 (B) does not include dial-up Internet ac11 cess service; and 

12 (C) includes any service that the Commis13 sion finds to be providing a functional equiva14 lent of the service described in subparagraph 

15 (A); 

16 (2) the term ‘‘Commission’’ means the Federal 

17 Communications Commission; and 

18 (3) the term ‘‘veteran’’ has the meaning given 

19 the term in section 101 of title 38, United States 

20 Code. 

21 (b) REPORT REQUIRED.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act, the Commission 

24 shall submit to Congress a report on promoting 

25 broadband Internet access service for veterans, in 


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•S 1950 IS

1 particular low-income veterans and veterans residing 

2 in rural areas. 

3 (2) CONTENTS.—In the report required under 

4 paragraph (1), the Commission shall— 

5 (A) examine broadband Internet access 

6 service and how to promote broadband Internet 

7 access service; and 

8 (B) provide findings and recommendations 

9 for Congress with respect to broadband Internet 

10 access service and how to promote broadband 

11 Internet access service. 

12 (c) PUBLIC NOTICE AND OPPORTUNITY TO COM13 MENT.—In preparing the report required under subsection 

14 (b), the Commission shall provide the public with notice 

15 and an opportunity to comment on broadband Internet ac16 cess service for veterans, in particular low-income veterans 

17 and veterans residing in rural areas, and how to promote 

18 broadband Internet access service for such individuals. 

Æ 


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