alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.9

 

(Translated from German)

 

BONUS AGREEMENT

 

Between

 

Bruker Advanced Supercon GmbH,

Ehrichstr. 10,

63450 Hanau,

acting by its shareholder, Bruker Advanced Supercon Inc., Billerica, USA being represented by its Chief Executive Officer, Dr. Burkhard Prause,

(hereinafter referred to as Company)

 

and

 

Dr. Detlef Krischel,

Danziger Straße 14,

53804 Much

(hereinafter referred to as Dr. Krischel)

 

1.                                       The Company intends to conclude a Consultancy Agreement with ACCEL Instruments GmbH becoming effective at the beginning of the Managing Director Agreement.  Dr. Krischel is aware of this Consultancy Agreement being attached as draft as Appendix 1.

 

2.                                       In addition to his remuneration as Managing Director Dr. Krischel also receives a bonus for the separate consulting activities being listed within the Consultancy Agreement. Details of the bonus stipulation can be obtained from Appendix 2.

 

3.                                       Dr. Krischel is entitled to negotiate with the Company about external consulting activities in the field of proton therapy (Protonentherapie) at the earliest on 1 January 2011. However, if the Consultancy Agreement being attached as Appendix 1 should be terminated before 1 January 2010, Dr. Krischel is entitled to earlier negotiate about external consulting activities with third companies.

 

However, this requires that the entered job does not come into conflict with the noncompetition clause being stipulated in sec. 10 of the Managing Director Agreement. Furthermore, Dr. Krischel is aware and he also agrees that in this case a period of time of 200 hours per year may not be exceeded for external consulting activities and that the tasks as Managing Director for the Company, the Bruker Group, generally may and have

 











 

to be fulfilled with priority. If this external consulting activity does not comply with the requirements being mentioned above and in the Managing Director Agreement of 16 February 2009, the general meeting of shareholders is entitled to refuse consent to enter an external consulting activity.

 

	
 
    	
 
    	
 
    
	
Frankfurt, 16 February 2010
    	
 
    	
Frankfurt, 16 February 2010
    
	
 
    	
 
    	
 
    
	
/s/ Burkhard Prause
    	
 
    	
/s/ Detlef Krischel
    
	
Dr. Burkhard Prause
    	
 
    	
Dr. Detlef Krischel
    
	
Chief Executive Officer, Bruker Advanced Supercon   GmbH
Exhibit 15



The Partners
Duke-Weeks Realty Limited Partnership:




Gentlemen:

RE:  Registration Statement No. 333-04695, 333-49911 and 333-26845

With  respect  to  the  subject  registration  statement,  we
acknowledge  our awareness of the use therein of  our  report
dated  August  3,  1999  related to  our  review  of  interim
financial information.

Pursuant  to  Rule 436(c) under the Securities Act  of  1933,
such  report  is  not  considered a part  of  a  registration
statement prepared or certified by an accountant, or a report
prepared or certified by an accountant within the meaning  of
sections 7 and 11 of the Act.




KPMG LLP
Indianapolis, Indiana
August 10, 1999
<PAGE>

                                                                   Exhibit 10.30

                          Peabody Energy Corporation

      Amendment to the Non-Qualified Stock Option Agreement ("Amendment")
      -------------------------------------------------------------------

     WHEREAS, Peabody Energy Corporation (the "Company", formerly known as P&L
Coal Holdings Corporation) and ______________ (the "Optionee") previously
entered into that certain Non-Qualified Stock Option Agreement dated as of May
19, 1998, as previously amended (the "Option Agreement");

     WHEREAS, pursuant to Section 5.7 of the Option Agreement, the Company and
the Optionee have the power to amend the Option Agreement if they deem it
appropriate;

     WHEREAS, concomitantly herewith, that certain Stockholders Agreement dated
as of May 19, 1998, among the Company, the Optionee and other parties thereto
(the "Stockholders Agreement") is amended to clarify certain rights granted
thereunder to Management Investors and their Permitted Transferees (as such
terms are defined in the Stockholders Agreement); and

     WHEREAS, the Company and the Optionee desire to amend the Option Agreement
to reflect certain additional changes agreed upon by the parties to the
Stockholders Agreement;

     NOW, THEREFORE, the Option Agreement is hereby amended as follows:

                                 I.

     Section 3.4(c) of the Option Agreement, as previously amended, is further
amended by deleting subsection 3.4(c)(i) in its entirety and replacing it with
the following:

     "(i) upon completion of an IPO on or before July 31, 2001, at least 50% of
     the shares subject to the Superperformance Option I shall vest and the
     balance shall vest in accordance with the IRR chart set forth in Section
     3.3 above".

     IN WITNESS WHEREOF, this Amendment has been executed and delivered by the
parties hereto as of this _____ day of ____________, 2001.

                              PEABODY ENERGY CORPORATION


                              By:
                                     -------------------------------------
                              Name:
                                     -------------------------------------
                              Title:
                                     -------------------------------------



                              [NAME OF EXECUTIVE]




                              -------------------------------------
### THE THIRTEENTH COURT OF APPEALS

13

- 13

- 00305

- CR

PANFILO JOSE PEREZ

v. THE STATE OF TEXAS
On Appeal from the 24th District Court of Victoria County , Texas Trial Cause No. 13

- 2

- 27185

- A

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. January 23, 2014
EXHIBIT
32.2





CERTIFICATION
OF OFFICER


OF AML
COMMUNICATIONS, INC.


PURSUANT
TO 18 USC § 1350





Pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of Section 1350, Chapter 63
of Title 18, United States Code) the undersigned officer of AML Communications,
Inc. (the “Company”) does hereby certify, to such officer’s knowledge,
that:





(a)
            The
      quarterly report on Form 10-Q for the period ended June 30, 2008 of the
      Company fully complies with the requirements of Section 13(a) or 15(b) of
      the Securities Exchange Act of 1934;
and




(b)
            Information
      contained in such Form 10-Q fairly presents, in all material respects, the
      financial condition and results of operations of the
    Company.





Dated:
August 13, 2008





/s/ Heera
Lee


By: Heera
Lee,


Director
of Finance and


Principal
Financial Officer
**Exhibit 32.1**





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





I,
      Gilbert Hu, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
      Quarterly Report of AltiGen Communications, Inc. on Form 10-Q for the
      quarter ended December 31, 2005, fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
      information contained in such Quarterly Report on Form 10-Q fairly presents
      in
      all material respects the financial condition and results of operations of
      AltiGen Communications, Inc.








Date:
                February 16, 2006
            By:
            /s/
                Gilbert HuName:
            Gilbert
                HuTitle:
            Chief
                Executive Officer




31
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Staff

# Acceptability of Corrective Action Programs for Fuel Cycle Facilities: Draft Report for Comment (NUREG-2154)

This NUREG-series publication was issued for public comment. The comment period is now closed.

On this page:
        - Publication Information 
        - Abstract

Download complete document
        - NUREG-2154 (PDF - 638.90 KB)

## Publication Information

**Manuscript Completed:**January 2013**Date Published:**January 2013

**Prepared by:**Sabrina Atack

Office of Nuclear Material Safety and SafeguardsU.S. Nuclear Regulatory CommissionWashington, DC 20555-0001

Availability Notice

## Abstract

The NRC staff has revised Section 2.3.2 of the NRC Enforcement Policy (ADAMS Accession No. ML12340A295) to disposition Severity Level IV violations for Fuel Cycle Facilities as non-cited violations if the NRC determines that the licensee’s CAP is effective, the licensee enters the violation in its CAP, and other criteria in Section 2.3.2 of the Enforcement Policy are met. The purpose of this draft NUREG, “Acceptability of Corrective Action Programs for Fuel Cycle Facilities,” is to provide guidance to the NRC staff on how to determine, from a licensee’s CAP licensing submittal, that a CAP is acceptable. After the NRC staff determines that the CAP is acceptable, the CAP licensing submittal will be incorporated into the license and implementation of the CAP will be verified by an NRC inspection using a CAP inspection procedure. After the NRC inspection verifies that the licensee has implemented its CAP in accordance with the license and the licensee’s CAP implementing procedures, then the NRC will consider the CAP to be effective for the purposes of Section 2.3.2 of the Enforcement Policy.

Page Last Reviewed/Updated Tuesday, March 09, 2021
CERTIFICATION PURSUANT TO RULE 13a-14(b) OR
                     RULE 15d-14(b) and 18 U.S.C. Sec.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  annual  report of The Berkshire Collection, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2002 as filed with the
Securities  and  Exchange Commission on the date hereof (the "Report"), I, Sandy
Winick,  Chief  Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Sec.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: May 11, 2005                           /s/  Sandy  Winick
                                                  -------------
                                                  Sandy  Winick,
                                                  Chief  Financial  Officer of
                                                  The Berkshire Collection, Inc.

<PAGE>
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Solely for the purposes of complying with 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I,the Director of Finance of AML Communications, Inc. (the “Company”), herebycertify, to the best of my knowledge, that:

 

•                                                                  the Quarterly Report of the Company onForm 10-QSB for the period ended December 31, 2004 fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

•                                                                  the information contained in such reportfairly presents, in all material respects, the financial condition and resultsof operation of the Company.

 

Dated:  February 14, 2005

 

 
| /s/ Susan J. Fite                                    |   |   |
|------------------------------------------------------|--------|--------|
|                                                 |   |   |
| Susan J. Fite                                        |   |
|                                                 |   |
| Director of Finance and Principal Accounting Officer |   |

 

1

----
Exhibit 32





CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Seawright Holdings, Inc., a Nevada corporation (the "Company"), does hereby certify, to the best of his knowledge, that:





1.     The Annual Report on Form 10-K for the period ending December 31, 2007 (the "Report") of the Company complies in all material respects with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





2.     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/ Joel Sens





Joel Sens,


Chief Executive Officer


(principal executive officer, and principal financial and accounting officer)





Date:  June 15, 2011
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________

No. 1D19-0292

_____________________________ C LIFFORD L EON R EID , Petitioner,
v. S TATE OF F LORIDA , Respondent.

_____________________________ Petition for Writ of Habeas Corpus

— Original Jurisdiction. May 10, 2019 P ER C URIAM . D ISMISSED . See Baker v. State , 878 So. 2d 1236 (Fla. 2004). M AKAR , O STERHAUS , and B ILBREY, JJ., concur.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________ Clifford Leon Reid, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
```

[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Page 24453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09838]

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

DEPARTMENT OF LABOR

Office of the Secretary

Meeting of the President's Committee on the International Labor 
Organization

ACTION: Notice of closed meeting.

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

AGENCY: Bureau of International Labor Affairs, Department of Labor.
SUMMARY: Pursuant to the provisions of the Federal Advisory Committee 
Act (Pub. L. 92-463, as amended), notice is hereby given of a meeting 
of the President's Committee on the International Labor Organization 
(ILO).
    Purpose: The Secretary of Labor will chair a meeting of the 
President's Committee on the International Labor Organization to review 
and discuss current issues relating to the United States' tripartite 
participation in the ILO. The discussion will involve information the 
premature disclosure of which would be likely to significantly 
frustrate implementation of a proposed agency action. Accordingly, the 
meeting will be closed to the public, pursuant to Section 10(d) of the 
Federal Advisory Committee Act and the Government in the Sunshine Act, 
5 U.S.C. 552b(c)(9)(B).

DATES: Date, Time and Place: May 15, 2014; 10:30 a.m.; U.S. Department 
of Labor, Secretary's Conference Room, 200 Constitution Avenue NW., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Pier, Deputy Undersecretary 
for International Affairs, U.S. Department of Labor; Phone (202) 693-
4770.

SUPPLEMENTARY INFORMATION: The President's Committee on the ILO 
consists of the Secretaries of Labor (chair), State and Commerce, the 
Assistants to the President for National Security Affairs and Economic 
Policy, and the Presidents of the American Federation of Labor and 
Congress of Industrial Organizations (AFL-CIO) and the U.S. Council for 
International Business. Under its Charter, the Committee's objective is 
``to formulate and coordinate United States policy towards the 
International Labor Organization in order to promote continued reform 
and progress in that organization.'' The Committee considers all 
matters relating to United States participation in the ILO.

    Signed at Washington, DC, this 23 day of April, 2014.
Thomas E. Perez,
Secretary of Labor.
[FR Doc. 2014-09838 Filed 4-29-14; 8:45 am]
BILLING CODE 4510-28-P
```
EXHIBIT 12.1

DUKE REALTY LIMITED PARTNERSHIP

EARNINGS TO FIXED CHARGES CALCULATION

(in thousands, except ratios)



|                                                                        |  |                               |        
|----------------------------------------------------------------------- |  | ----------------------------- | -------
|                                                                        |  | Six MonthsEnded June 30, 2008
|Income from continuing operations, less preferred distributions         |  | $                             | 10,346 
|Preferred distributions                                                 |  |                               | 34,172 
|Interest expense                                                        |  |                               | 94,375 
|                                                                        |  |                               |        
|Earnings before fixed charges                                           |  | $                             | 138,893
|                                                                        |  |                               |        
|                                                                        | 
|Interest expense                                                        |  | $                             | 94,375 
|Interest costs capitalized                                              |  |                               | 28,634 
|                                                                        |  |                               |        
|Total fixed charges                                                     |  | $                             | 123,009
|                                                                        |  |                               |        
|                                                                        | 
|Preferred distributions                                                 |  |                               | 34,172 
|                                                                        |  |                               |        
|Total fixed charges and preferred distributions                         |  | $                             | 157,181
|                                                                        |  |                               |        
|                                                                        | 
|Ratio of earnings to fixed charges                                      |  |                               | 1.13   
|                                                                        |  |                               |        
|                                                                        | 
|Ratio of earnings to combined fixed charges and preferred distributions |  |                               | N/A    
|                                                                        |  |                               |        



N/A  The ratio is less than 1.0; deficit of $18,288 exists for the six months ended June 30, 2008.
Exhibit
      32.1








Chief
      Executive Officer’s Certification required under Section 906 of Sarbanes-Oxley
      Act of 2002





In
      connection with the annual report of TIB Financial Corp. (the “Company”) on Form
      10-K for the period ended December 31, 2006, as filed with the Securities and
      Exchange Commission (the “Report”), I, Edward V. Lett, President and Chief
      Executive Officer of the Company, certify pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that this Report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and that, to my knowledge, the information contained in the Report fairly
      presents, in all material respects, the financial condition and results of
      operation of the Company.








Date:March
                8, 2007
            /s/ Edward V. LettEdward
                V. Lett
              President
                and Chief Executive Officer











A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to TIB Financial Corp. and will be retained
      by
      TIB Financial Corp. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.
**Exhibit 32.1**

 

**Certification Pursuant to 18 U.S.C. Section1350,As Adopted Pursuant ToSection 906 of The Sarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report of Silicon Image, Inc. (the“Company”) on Form 10-Q for the period ending September 30, 2003, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Daivd D. Lee, Chief Executive Officer of the Company, certify to the best of myknowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  TheReport fully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934, as amended; and

 

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company for the periodspresented therein.

 
|   | /s/  David D. Lee  |   |
|--------|-------------------------|--------|
|   | David D. Lee            |
|   | Chief Executive Officer |
|   | February  17, 2004      |

 

A signed original of this written statement required by Section 906 hasbeen provided to the Company and will be retained by the Company and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
#### UNITED STATES of America ex rel. John ROMANO, Petitioner-Appellant, v. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

No. 427, Docket 28402.

United States Court of Appeals Second Circuit.

Argued April 26, 1965.

Decided April 29, 1965.

Robert J. Egan, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Barry Mahoney, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Michael H. Rauch, Deputy Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

PER CURIAM:

We affirm the order of the District Court for the Southern District of New York, which dismissed the writ for a petition of habeas corpus, for the reasons stated in Judge Tyler’s opinion, reported at 216 F.Supp. 160.

We commend assigned counsel, Robert J. Egan, Esq., for his competent and zealous representation of the appellant.