alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment One to the Health Net, Inc. 2006 Executive Officer Incentive Plan



 EXHIBIT 10.2 
  
 AMENDMENT NUMBER ONE 
 TO THE 
 HEALTH NET, INC. 
 2006 EXECUTIVE OFFICER INCENTIVE PLAN 
  
 WHEREAS, the Board of Directors of Health Net, Inc. (the “Company”) has adopted, subject to stockholder approval, the Company 2006
Executive Officer Incentive Plan (the “Plan”) for the benefit of eligible executive officers of the Company and its subsidiaries; 
  
 WHEREAS, the stockholders of the Company approved the Plan at the Company’s 2005 Annual Meeting; 
  
 WHEREAS, Article VII(2) of the Plan currently contemplates that
incentive payments made to eligible participants under the Plan may be made in the form of shares of Common Stock of the Company, as determined by the Compensation Committee of the Board of Directors of the Company (the “Committee”);

  
 WHEREAS, the Company desires to eliminate the
Company’s ability to make any incentive payments under the Plan in the form of shares of Common Stock of the Company; and 
  
 WHEREAS, the Company has the power to amend the Plan pursuant to Article VII(1) thereof. 
  
 NOW, THEREFORE, BE IT RESOLVED, that pursuant to the power of
amendment contained in Article VII(1) of the Plan, the Plan is hereby amended as follows: 
  
 1. Article VI(2) is amended and restated in its entirety as follows: 
  
 “2. Incentive Payments. Payments under Individual Award Opportunities shall be in cash and, unless a participant elects to defer receipt of a
payment, shall be made at the time determined by the 








 
Committee after the end of the Performance Period for which the awards are payable, except that no such payment shall be made unless and until the Committee,
based on the Company’s audited financial results for such Performance Period (as prepared and reviewed by the Company’s independent public accountants), has certified in writing the extent to which the applicable performance goals for such
Performance Period have been satisfied. Notwithstanding the foregoing sentence, all payments other than payments the Committee in its discretion decided to make at a later date or a Participant elected to defer, shall be made no later than 21⁄2
months after the end of the Performance Period.” 
  
 IN
WITNESS WHEREOF, Health Net, Inc. has caused this instrument to be signed all on this 13th day of May, 2005. 
  

			
	HEALTH NET, INC.
		
	By:	 	/s/    Karin Mayhew
	 Name:
	 	 Karin Mayhew

	 Title:
	 	 Senior Vice President, Organization Effectiveness



  
  

 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6013

GREGORY DAVIS,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF JUSTICE;

UNITED STATES FEDERAL BUREAU OF PRISONS; FEDERAL CORRECTIONAL

INSTITUTION, GILMER; JOHN DOE MAIL ROOM STAFF EMPLOYEES, 

Defendants - Appellees.

Appeal from the United States District Court for the Northern

District of West Virginia, at Clarksburg. Irene M. Keeley, Chief

District Judge. (1:07-cv-00063-IMK-JES)

Submitted: March 25, 2008 Decided: March 28, 2008

Before MOTZ, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Gregory Davis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Gregory Davis appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his complaint filed pursuant to Bivens v. Six Unknown

Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and

the Federal Tort Claims Act. We have reviewed the record and find

no reversible error. Accordingly, we affirm for the reasons stated

by the district court. Davis v. USA, No. 1:07-cv-00063-IMK-JES

(N.D.W. Va. Nov. 13, 2007). 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.

AFFIRMED
[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77029-77030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31323]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained

[[Page 77030]]

from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than January 4, 2001.
    A. Federal Reserve Bank of Dallas (W. Arthur Tribble, Vice 
President) 2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Bryan Family Management Trust, Bryan, Texas, and Bryan Heritage 
Limited Partnership, Bryan, Texas; to acquire 51 percent of the voting 
shares of The First National Bank of Bryan, Bryan, Texas.
    B. Federal Reserve Bank of San Francisco (Maria Villanueva, 
Consumer Regulation Group) 101 Market Street, San Francisco, California 
94105-1579:
    1. Frontier Financial Corporation, Everett, Washington; to merge 
with Interbancorp, Inc., Duvall, Washington, and thereby indirectly 
acquire Inter Bank, Duvall, Washington.

    Board of Governors of the Federal Reserve System, December 5, 
2000.
Robert deV. Frierson
Associate Secretary of the Board.
[FR Doc. 00-31323 Filed 12-7-00; 8:45 am]
BILLING CODE 6210-01-S
```

[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Page 66915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28079]

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

COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meetings

TIME AND DATE: 10 a.m., Friday November 11, 2011.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

STATUS:  Closed.

MATTERS TO BE CONSIDERED: Surveillance and Enforcement Matters. In the 
event that the times or dates of these or any future meetings change, 
an announcement of the change, along with the new time and place of the 
meeting will be posted on the Commission's Web site at http://www.cftc.gov.

CONTACT PERSON FOR MORE INFORMATION:  Sauntia S. Warfield, (202) 418-
5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2011-28079 Filed 10-26-11; 4:15 pm]
BILLING CODE 6351-01-P
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF POST APARTMENT HOMES, L.P. FOR THE PERIOD ENDED
SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       5,977,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                   1,069,371,000
<DEPRECIATION>                             171,479,000
<TOTAL-ASSETS>                             927,776,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                    452,384,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 427,554,000
<TOTAL-LIABILITY-AND-EQUITY>               927,776,000
<SALES>                                              0
<TOTAL-REVENUES>                           126,482,000
<CGS>                                                0
<TOTAL-COSTS>                               63,925,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          16,738,000
<INCOME-PRETAX>                             38,298,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         39,152,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                39,152,000
<EPS-PRIMARY>                                     1.46
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 4.1




Amendment Number 3

to

Employment Agreement







This Amendment Number 3 (the “Amendment”) dated November 6, 2008, amends the Employment Agreement (the “Agreement”) between BioForce Nanosciences Holdings, Inc. (the “Company”) and Kerry Frey (the “Employee”)




In consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:




1.

All terms of the Agreement shall continue in full force and effect except as expressly modified in this Amendment.  All terms of the Agreement shall apply to this Amendment, except in the event and to the extent they are expressly modified herein, in which case the terms of this Amendment shall control.  All capitalized terms used in the Amendment not otherwise defined shall have the same meaning as in the Agreement.




2.

Section 2 of the Agreement is amended by deleting the provision in its entirety and replacing it with the following:  “The term of the Employee’s employment with the Company shall be until it is terminated in accordance with Section 9 of this Agreement.”




3.

Section 9(a) of the Agreement is amended by deleting the words “prior to the expiration of the initial term set forth in Section 2 or any extension thereof.”




4.

This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs and assigns.




5.

Each party represents and warrants that the person signing this Amendment has the full and proper authority to do so and has been empowered to make and execute this Amendment.








In Witness Whereof, the parties caused this Amendment to be executed on the day and year first written above.







BioForce Nanosciences Holdings, Inc.







By:_/s/ Gregory D. Brown_________________

     Gregory D. Brown, Exec VP and CFO




 

Kerry Frey

By:_/s/ Kerry M. Frey____________________
[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Page 76664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31178]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-862 (Final)]


Certain Expandable Polystyrene Resins From Korea

AGENCY: United States International Trade Commission.

ACTION: Termination of investigation.

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

SUMMARY: On November 16, 2000, the Department of Commerce published 
notice in the Federal Register of a negative final determination of 
sales at less than fair value in connection with the subject 
investigation (65 FR 69284). Accordingly, pursuant to Sec. 207.40(a) of 
the Commission's rules of practice and procedure (19 CFR 207.40(a)), 
the antidumping investigation concerning certain expandable polystyrene 
resins from Korea (Investigation No. 731-TA-862 (Final)) is terminated.

EFFECTIVE DATE: November 16, 2000.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

    Authority: This investigation is being terminated under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec. 201.10 of the Commission's rules (19 CFR 
201.10).

    By order of the Commission.
    Issued: December 1, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-31178 Filed 12-06-00; 8:45 am]
BILLING CODE 7020-02-P
#### BRADSHAW v. STATE.

No. 15227.

Court of Criminal Appeals of Texas.

March 9, 1932.

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

HAWKINS, J.

Conviction is for transporting intoxicating liquor; punishment being confinement in the penitentiary for one year.

The record is here without a statement of facts or bills of exceptions. In such condition nothing is presented for review.

The judgment is affirmed.
ex10-54j.htm


    Exhibit
10.54(j)*

    


    


    NINTH
AMENDMENT TO EMPLOYMENT AGREEMENT

    


    This
Ninth Amendment to Employment Agreement is made and entered into as of October
1, 2008, by and between PriceSmart, Inc., a Delaware Corporation ("Employer")
and Jose Luis Laparte ("Executive").

    


    Recitals

    


    
      	
              A)  

            	
              On
      June 3, 2004 an Employment Agreement was made and entered into by and
      between Employer and Executive.

            


    

    


    
      	
              B)  

            	
              Said
      Employment Agreement has been amended on eight prior
      occasions;

            


    

    


    
      	
              C)  

            	
              Employer
      and Executive now desire to amend the Employment Agreement, as set forth
      hereinbelow:

            


    

    


    Agreement

    


    
      	
              1.  

            	
              Section
      3.1 of the Agreement which
provides:

            


    

    


    3.1           Term.  The
term of Executive's employment hereunder shall commence on October 8, 2004 and
shall continue until October 7, 2008, unless sooner terminated or extended as
hereinafter provided (the "Employment Term").

    


    is hereby
amended, to provide as follows:

    


    3.1 Term.  The
term of Executive's employment hereunder shall commence on October 8, 2004 and
shall continue until October 7, 2009, unless sooner terminated or extended as
hereinafter provided (the "Employment Term").

    


    
      	
              2.  

            	
              All
      other terms of the Employment Agreement, as amended, shall remain
      unaltered and fully effective.

            


    

    


    Executed
in San Diego, California, as of the date first written above.

    


    


    EXECUTIVE                                                                                                EMPLOYER

    PRICESMART, INC.

    


    Jose Luis
Laparte                                                                                 By:           /s/ Robert E.
Price

    


    __/s/  Jose Luis
Laparte_______                                                     Name:      Robert E. Price

    Its:           Chief Executive
Officer
U.S. Department of Transportation Federal Aviation Administration 

## MAY 12 ZUIO The Honorable Lynn A. Westmoreland House ofRepresentatives Washington, DC 20515 Dear Congressman Wesbnoreland: Office ofthe Adrrinistrator S J11- JOil J:,,-1111<

800 Independonce Ave.,

### s.w. Washington, D.C. 20591

Secretary LaHood has asked me to respond to your letter, cosigned by your congressional colleagues, about the Federal Aviation Administration's new crewmember flight, duty, and rest rules. 

### In June 2009, we chartered a 

### new flight, duty, and rest Aviation Rulemaldng Committee (ARC) comprising representatives from the FAA, industry, and labor organizatiQns to address these issues. The ARC was tasked 

### with making recommendations for ascience·based approach to fatigue management. 

### In the ARC's charter, we recogniwl that the effects offatigue are universal so the strategies needed to mitigate these effects are the same, regardless ofthe type of flight operation. We received the ARC's reconunendations in September2009, and we are preparing a new notice ofproposed rulema1dng (NPRM). The NPRM will invite interested persons to participate 

### by submitting written comments to the public rulernaking docket during the comment period. Your letter, which expresses concerns about the potential effects ofproposed changes to the flight, duty, and rest rules, will become a part ofthe docket We will review all input from the process and make a final determination for the new guidelines. You were also concerned about how these proposed changes 

### will effect humanitarian and military transportation. Current regulations address these issues and are notthe subject ofthis rulemaking. We have sent an identical letterto each oftbecosigners ofyour letter. If! can be offurther assistance, please contactme orRoderick D. Han, AssistantAdministrator for Government and Industry Affairs, at (202) 267

-3277. Sincerely.**\~t\;",,>** ,--,,-,,"

__ dolph Babbitt Administrator
<PAGE>
 
                                                                  EXHIBIT 11

                       TELEPORT COMMUNICATIONS GROUP INC.
                           COMPUTATION OF LOSS PER SHARE
            THREE MONTHS AND SIX MONTHS ENDED JUNE 30, 1997 AND 1996
<TABLE>
<CAPTION>


                                             THREE MONTHS ENDED                 SIX MONTHS ENDED
                                                  JUNE 30,                           JUNE 30,
                                       CONSOLIDATED       COMBINED       CONSOLIDATED      COMBINED
                                           1997             1996             1997            1996
                                           ----             ----             ----            ----

<S>                                    <C>                <C>             <C>            <C>          
Net loss                               $(51,332,000)      $(19,743,000)   $96,360,000    $(38,435,000)
                                       =============      =============   ===========    =============
Primary loss per common share:

Weighted average number of shares
outstanding                            164,860,699          72,930,110    163,271,950      71,465,125
                                       =============      =============   ===========    =============
Loss per share                         $       (.31)      $     (0.27)    $      (.59)   $      (0.54) 
                                       =============      =============   ===========    =============

</TABLE>
<PAGE>   1
                                                                    Exhibit 23.4




                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the registration statement of
Carey Institutional Properties Incorporated and Subsidiaries on Form S-3 (File
No. 33-96294) of our report dated March 25, 1996, on our audits of the
consolidated financial statements and financial statement schedule of Carey
Institutional Properties Incorporated and Subsidiaries as of December 31, 1994,
1995 and 1996 and for the years ended December 31, 1994, 1995 and 1996, which
reports are incorporated by reference in the Annual Report on Form 10-K.

















                                                     /s/Coopers & Lybrand L.L.P.
New York, New York
March 27, 1997
CERTIFICATIONS

                             Certificate 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 Phlo Corporation and Subsidiaries
(the "Company") the Company on Form 10-QSB for the quarter ended September 30,
2006 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, James B. Hovis, Chief Executive Officer, certify, pursuant to
18 U.S.C. 1350, as adopted pursuant to 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: November 20, 2006



                                       /s/ James B. Hovis
                                    -------------------------------------------
                                       James B. Hovis
                                       Chief Executive Officer
                                       Principal Financial Officer
##### 



Exhibit 10.26
  
   1. Retirement Date.
 2. Accrued Salary and Vacation.
 3. Retirement Benefits.
 (a) Retirement Payments .
 (b) Health Insurance.




---



##### 



(c) 2007 Bonus
 4. Consulting Agreement.
 (a) Consulting Services.
 (b)
 (i) Consulting Fees.
 (ii) Independent Contractor Relationship.
 (iii) Taxes and Withholding.
 (iv) Stock Option provided that




---



##### 



(c) Limitations on Authority
 (d) Proprietary Information and Inventions.
 (e) Other Work Activities. ,
 5. Other Compensation or Benefits.
 6. Proprietary Information Obligations.
 7. Nonsolicitation.
 8. Nondisparagement.




---



##### 



provided that
 9. Dispute Resolution. .
 10. General Release. (a) (b) (c) (d) (e)
 11. ADEA Waiver (a) (b) (c) (d) (e)




---



##### 



12. Waiver.
 A general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.
  13. Entire Agreement
 14. Attorneys Fees.
 15. Successors and Assigns
 16. Applicable Law
 17. Severability
 18. Counterparts
 19.




---



##### 



Onyx Pharmaceuticals, Inc.
 By:
    
    /s/ Hollings C. RentonHollings C. Renton
     Chairman and Chief Executive Officer
 
 Understood and Agreed:
 /s/ Edward F. Kenney    Edward F. Kenney
 April 17