alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   Exhibit 10.13










March 11, 1996




Dr. Elkan Gamzu, President
Cambridge NeuroScience, Inc.
One Kendall Square, B700
Cambridge, MA 02139

Re: THIRD ADDENDUM TO BUILDING 700 LEASE 
AT ONE KENDALL SQUARE, CAMBRIDGE, MA

Dear Dr. Gamzu:

This letter when, signed by an authorized representative of Cambridge
NeuroScience, Inc., shall constitute a Third Amendment to the Building 700 at
One Kendall Square, Cambridge, MA Lease between Cambridge NeuroScience, Inc.
("Lessee:) and Old Kendall Realty Trust ("Lessor") dated July 16, 1992. The
terms of the lease are hereby amended as follows:

A.   The expiration date of the Lease shall be June 30, 1998 (formerly 
     June 30, 1997).

B.   Lessee's Base Rent from July 1, 1997 through June 30, 1998 shall be
     $773,065.02 per annum, payable in monthly payments of $64,422.09.

C.   Lessee shall have an option to extend the Lease as previously provided in
     the Lease, except that the option period shall commence on July 1, 1998
     (formerly July 1, 1997).

D.   Lessor shall pay a $10,000 commission to Lessee's broker.

E.   Except as otherwise set forth herein, the Lease between the parties remains
     in full force and effect. To the extent that the Lease and this Third
     Amendment conflict, this Third Amendment shall control.


<PAGE>   2


March 11, 1996
Third Addendum to Lease



We look forward to Cambridge NeuroScience, Inc.'s continued tenancy at One
Kendall Square. Thank you.




Sincerely,


/s/ Allan R. Jones
------------------
Allan R. Jones
Partner

ARJ:tw


Agreed To By:
CAMBRIDGE NEUROSCINEC, INC.

BY:/S/ ELKAN R. GAMZU                               /S/ HARRY W. WILCOX
--------------------------                          -------------------
   ELKAN R. GAMZU                                   HARRY W. WILCOX
   PRESIDENT                                        WITNESS
   HEREUNTO DULY AUTHORIZE

OLD KENDALL REALTY TRUST


/S/ ROBERT A. JONES                              /S/ ELAINE M. GILES
--------------------------                       --------------------------
ROBERT A. JONES, TRUSTEE                         WITNESS

/S/ GEORGE NAJARIAN                              /S/ ELAINE M. GILES
--------------------------                       --------------------------
GEORGE NAJARIAN, TRUSTEE                         WITNESS
#### Vincenzina Riccardi, Respondent, v Arthur A. Adinolfi, Appellant. (And a Third-Party Action.)

In an action to enforce the terms of certain promissory notes, the defendant appeals from an order of the Supreme Court, Suffolk County *443(Leis, J.), dated February 28, 1989, which granted the plaintiffs motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.

Summary judgment having been denied to the plaintiff by a prior order of the court, and that determination having become the law of the case, it was improper for the court, as a court of coordinate jurisdiction, to grant the plaintiffs subsequent motion for the identical relief based on identical facts *(see,*Siegel, NY Prac § 448; 1 Carmody-Wait 2d, §§ 2:64-2:69; *see, Matter of Dondi v Jones,*40 NY2d 8, 15; *State of New York v Barclays Bank,*151 AD2d 19, 21, *affd*76 NY2d 533; *see also, Merrill v Robinson,*106 AD2d 818), and we decline to address the merits of the plaintiffs entitlement to summary judgment *(see, Post v Post,*141 AD2d 518, 519). Bracken, J. P., Brown, Kunzeman and Harwood, JJ., concur.
EXHIBIT 21

                          Subsidiaries of Numerex Corp.


Numerex Investment Corp.                             (Tier 1)
         Bronzetech Limited                          (Tier 2)
         Bronzebase Limited                          (Tier 2)
         Versus Technology Limited                   (Tier 3)
         DCX Systems                                 (Tier 2)
         DCX Systems (Australia) PTY. Limited        (Tier 2)

DCX Systems, Inc.                                    (Tier 1)
Digilog, Inc.                                        (Tier 1)
Broadband Networks, Inc. (1)                         (Tier 1)
Cellemetry LLC  (60% interest)  (2)
Uplink Security, Inc.                                (Tier 1)

(1)  Company owns 100% of outstanding common stock, which upon the exercise of
     employee stock options, could be reduced to 82%.

(2)  Remaining 40% interest owned by BellSouth Wireless, Inc.
<PAGE>
 
                    CONSENT OF CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors
ICOS Corporation:

We consent to incorporation by reference in the registration statements (Nos.
33-48401, 33-80680, 33-64762 and 333-08485) on Form S-8 of ICOS Corporation of
our report dated January 15, 1999, relating to the consolidated balance sheets
of ICOS Corporation and subsidiary as of December 31, 1998 and 1997, and the
related consolidated statements of operations, comprehensive operations,
stockholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 1998, which report appears in the December 31, 1998
annual report on Form 10-K of ICOS Corporation.

/S/ KPMG LLP

Seattle, Washington
March 29, 1999

                                       49
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7560

GLENN D. CONNER,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District

Judge. (CA-02-647-2)

Submitted: February 25, 2004 Decided: March 12, 2004

Before WILLIAMS, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Glenn D. Conner, Appellant Pro Se. Michael Thomas Judge, OFFICE OF

THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Glenn D. Conner seeks to appeal the district court’s

order dismissing as untimely filed his petition filed under 28

U.S.C. § 2254 (2000). The order is not appealable unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional

right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

his constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack

v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,

683 (4th Cir. 2001). We have independently reviewed the record and

conclude that Conner has not made the requisite showing.

Accordingly, we deny Conner’s motion to proceed on appeal in forma

pauperis, deny a certificate of appealability, and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process. 

DISMISSED
Unassociated Document


    Exhibit
10.2

     

     

    
      	RICE	 
	Office of Technology
      Transfers 	
               Nila
      BHAKUNI

            
	 	
              Director

            


    

                                                                                                             

     

    October
2, 2008

    


    Mr.
Stephen G. Squires

    President
and CEO

    Solterra
Renewable Technologies, Inc.

    14220 E.
Cavedale Road

    Scotts
date, AZ 85262

    


    RE:  Amendment
to the License Agreement between Solterra Renewable

        Technologies,
Inc., and William Marsh Rice University

        (Agreement
#OTT LA 09-1-001)

    


    Dear Mr.
Squires:

    


    This
letter confirms our understanding and agreement to amend that certain license
agreement dated August 20, 2008, between Solterra Renewable Technologies, Inc.
and William Marsh Rice University (“License Agreement”) as follows:

    


    Article
3.1(a) is amended in its entirety to read as follows:

    


    
      	
              (a)  

            	
              In
      partial consideration of the exclusive license granted herein,
      Licensee

            


    

    shall pay
to Rice , a non-refundable, non-creditable, license initiation fee of US
$40,000.00 (FORTY THOUSAND US DOLLARS) payable within five business days after
Solterra receives initial funding, and no later than November 4,
2008.

    


    Company
Diligence Milestone (b) in Exhibit B is amended in its entirety to
read:

    


    
      	
              (b)  

            	
              Licensee
      shall acquire $5,000,000 (FIVE MILLION DOLLARS) in initial funding
      according to the following plan:

            


    

    


    
      	
              (i)  

            	
              A
      first installment of $1,500,000 (ONE MILLION FIVE HUNDRED THOUSAND
      DOLLARS) shall be received by November 4,
2008.

            


    

    
      	
              (ii)  

            	
              A
      second installment of $3,500,000 (THREE MILLION FIVE HUNDRED THOUSAND
      DOLLARS) shall be received by June 30,
2009.

            


    

    


    All other
provisions of the License Agreement shall remain in full force and
effect.

    


    Rice
University*Office of Technology Transfer*MS 705

        6100
Main Street,, Houston, Texas 77005

    Phone
(713)348-6231 FAX(713)348-6289 E-Mail:bhakuni@rice.edu

    


    
      
         

      

      
        1

        
          

        

      

      
         

      

    

    


    Please
indicate your agreement to amend the License Agreement as set forth above,
effective October 2, 2008, by signing where indicated below and returning a copy
to my attention.

    


    Sincerely,

    


    


    Nita D.
Bhakuni

    


    


    Agreed
and accepted:

    


    ­­_________________________

    Stephen
Squires

    President
and CEO

    Solterra  Renewable
Technologies Inc.

    


     

     

     

     

     

     

     

    
 

     

     

    2
<PAGE>   1
                                   Exhibit 24

                                POWER OF ATTORNEY

     Each director and/or officer of Value City Department Stores, Inc. (the
"Corporation") whose signature appears below hereby appoints Robert M. Wysinski
and Richard L. Walters as the undersigned's attorneys or any of them
individually as the undersigned's attorney, to sign, in the undersigned's name
and behalf and in any and all capacities stated below, and to cause to be filed
with the Securities and Exchange Commission (the "Commission"), the
Corporation's Annual Report on Form 10-K (the "Form 10-K") for the fiscal year
ended January 29, 2000, and likewise to sign and file with the Commission any
and all amendments to the Form 10-K, and the Corporation hereby appoints such
persons as its attorneys-in-fact and each of them as its attorney-in-fact with
like authority to sign and file the Form 10-K and any amendments thereto
granting to each attorney-in-fact full power of substitution and revocation, and
hereby ratifying all that any such attorney-in-fact or the undersigned's
substitute may do by virtue hereof.

     IN WITNESS WHEREOF, we have hereunto set our hands effective as of the 27th
day of April, 2000.


/s/ Jay L. Schottenstein               Chairman of the Board of Directors
   ------------------------------      (Principal Executive Officer)
    Jay L. Schottenstein


/s/ Saul Schottenstein                 Vice Chairman of the Board of Directors
   ------------------------------
    Saul Schottenstein


/s/ Martin P. Doolan                   Vice Chairman of the Board of Directors
   ------------------------------
    Martin P. Doolan


/s/ Robert M. Wysinski                 Vice President, Chief Financial Officer,
   ------------------------------      Secretary, Treasurer, and Director
    Robert M. Wysinski                 (Principal Financial Officer)


/s/ Richard L. Walters                 Vice President, Controller, Assistant
   ------------------------------      Treasurer, and Assistant Secretary
    Richard L. Walters                 (Principal Accounting Officer)


/s/ Henry L. Aaron                     Director
   ------------------------------
    Henry L. Aaron


/s/ Ari Deshe                          Director
   ------------------------------
    Ari Deshe


/s/ Jon P. Diamond                     Director
   ------------------------------
    Jon P. Diamond


/s/ Richard Gurian                     Director
   ------------------------------
    Richard Gurian


/s/ Dr. Norman Lamm                    Director
   ------------------------------
    Dr. Norman Lamm

/s/ David L. Nichols                   Director
   ------------------------------
    David L. Nichols

/s/ Robert L. Shook                    Director
   ------------------------------
    Robert L. Shook

/s/ Geraldine H. Schottenstein         Director
   ------------------------------
    Geraldine H. Schottenstein

                                     E - 14
Exhibit 32.1



CERTIFICATION OF PAUL N. CLARK 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 annual report of ICOS Corporation (the Company) on Form 10-K for the period ended December 31, 2003, as filed with the Securities and Exchange
Commission (the Report), I, Paul N. Clark, certify, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: March 12, 2004



|                                     
|-------------------------------------
|/S/ PAUL N. CLARK                    
|Paul N. Clark                        
|Chairman of the Board of Directors,  
|Chief Executive Officer and President
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          77,338
<SECURITIES>                                         0
<RECEIVABLES>                                  157,211
<ALLOWANCES>                                         0
<INVENTORY>                                    310,070
<CURRENT-ASSETS>                               631,659
<PP&E>                                          76,581
<DEPRECIATION>                                  25,845
<TOTAL-ASSETS>                               2,378,379
<CURRENT-LIABILITIES>                        3,064,306
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,378,379
<SALES>                                        163,659
<TOTAL-REVENUES>                               163,659
<CGS>                                          166,073
<TOTAL-COSTS>                                  726,674
<OTHER-EXPENSES>                                57,715
<LOSS-PROVISION>                                66,628
<INTEREST-EXPENSE>                              62,764
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (620,730)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (620,730)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.06)
        

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

<PAGE>
 
<ARTICLE>   5
       
<S>                                            <C>            
<PERIOD-TYPE>                                    3-MOS     
<FISCAL-YEAR-END>                                                DEC-31-1996  
<PERIOD-END>                                                     SEP-30-1996 
<CASH>                                                               376,741 
<SECURITIES>                                                         544,685 
<RECEIVABLES>                                                         45,586 
<ALLOWANCES>                                                           5,851 
<INVENTORY>                                                                0 
<CURRENT-ASSETS>                                                     988,800 
<PP&E>                                                             1,177,592 
<DEPRECIATION>                                                       212,322 
<TOTAL-ASSETS>                                                     2,025,856 
<CURRENT-LIABILITIES>                                                203,258 
<BONDS>                                                              997,501 
<PREFERRED-MANDATORY>                                                      0 
<PREFERRED>                                                                0 
<COMMON>                                                               1,669 
<OTHER-SE>                                                           930,854 
<TOTAL-LIABILITY-AND-EQUITY>                                       2,025,856 
<SALES>                                                                    0 
<TOTAL-REVENUES>                                                      72,749 
<CGS>                                                                      0 
<TOTAL-COSTS>                                                         43,694 
<OTHER-EXPENSES>                                                      25,025 
<LOSS-PROVISION>                                                         687 
<INTEREST-EXPENSE>                                                    26,829 
<INCOME-PRETAX>                                                      (33,020)
<INCOME-TAX>                                                             684 
<INCOME-CONTINUING>                                                  (33,704)
<DISCONTINUED>                                                             0 
<EXTRAORDINARY>                                                            0 
<CHANGES>                                                                  0 
<NET-INCOME>                                                         (33,704)
<EPS-PRIMARY>                                                          (0.21)
<EPS-DILUTED>                                                          (0.21) 
        

</TABLE>
```
**EXHIBIT 11**
```

```
                            JONES APPAREL GROUP, INC.
              Computation of Basic and Diluted Earnings per Share
                     (In millions except per share amounts)
```

```

                                         For the Year Ended December 31,
                                        --------------------------------
                                            2001        2000        1999
                                        --------    --------     -------
Basic Earnings per Share:
-------------------------
Net income...........................     $236.2      $301.9      $188.4
                                        ========    ========     =======

Weighted average number of shares
outstanding..........................      123.2       119.0       114.1
                                        ========    ========     =======

Basic earnings per share.............      $1.92       $2.54       $1.65
                                        ========    ========     =======

Diluted Earnings per Share:
---------------------------
Net income...........................     $236.2      $301.9      $188.4
Add: interest expense associated
     with convertible notes,
     net of tax benefit..............        7.7           -           -
                                        --------    --------     -------
Income available to common
  shareholders.......................     $243.9      $301.9      $188.4
                                        ========    ========     =======

Weighted average number of shares
  outstanding........................      123.2       119.0       114.1
Effect of dilutive securities:
  Employee stock options.............        3.3         2.9         3.9
  Assumed conversion of convertible
    notes............................        7.2           -           -
                                        --------    --------     -------
                                           133.7       121.9       118.0
                                        ========    ========     =======
Diluted earnings per share..........       $1.82       $2.48       $1.60
                                        ========    ========     =======
```