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





                                  EXHIBIT 10.2





                                       15
<PAGE>   2
                                AMENDMENT #1 TO
                              EMPLOYMENT AGREEMENT


         Pursuant to a Resolution of the Board of Directors of Voice Control
Systems, Inc., a Delaware corporation ("Company"), the Employment Agreement
dated June 18, 1993 between Dr. Thomas B. Schalk ("Employee") and the Company
(the "Agreement") is hereby amended effective the 20th day of July, 1995 as
follows.

         ARTICLE I of the Agreement shall be replaced in its entirety with the
following:

                                   ARTICLE I

                               Term of Employment

         Subject to the provisions hereof, the term of Employee's employment by
Company under this Agreement shall extend through June 18, 1997; provided,
however, that the term of employment shall be extended for an additional one-
year period unless, on or prior to the date thirty calendar days prior to the
end of such period either Company or Employee shall give notice to the other of
an intention to terminate this Agreement, in which case the term of employment
shall comprise only the original period.


         ARTICLE III of the Agreement shall be amended by adding the following
sections:

                                  ARTICLE III

                                  Compensation

         3.01.A  In lieu of the provisions of 3.0.1, from and after August 1,
1995, as compensation for services rendered under the Agreement, Company shall
pay Employee a salary of one hundred forty-five thousand dollars ($145,000) per
year, payable, less applicable FICA and withholding taxes, in semi-monthly
installments.  After June 18, 1997, such salary shall be reviewed annually by
the Board of Directors, after which review the salary may be raised but not
lowered.

         3.02.A  In lieu of the provisions of 3.0.2, from and after August 1,
1995, Employee shall be eligible to receive a bonus of up to five thousand
dollars ($5,000) per calendar quarter, less applicable FICA and withholding
taxes.  The dollar amount of the bonus shall be determined at the sole
discretion of the Compensation Committee of the Board of Directors based upon
exceptional achievements during the quarter.

EMPLOYEE:                                   COMPANY:



/s/ Dr. Thomas B. Schalk                    /s/ Peter J. Foster
-------------------------------             ------------------------------------
                                            By Its President/CEO, Pursuant to a
                                            Resolution of the Board of Directors





DR. THOMAS B. SCHALK AMENDMENT #1 TO
EMPLOYMENT AGREEMENT                                                          16
#### Galbraith *v.*Whyte.

*Per curiam*

Caveat- *empfor.*applies where a man purchases an article of personal property not in the vendor’s possession, fie ought i ”. such case to require a warranty ■ — the not being in possession gives reason to doubt.— Another case is, where the thing «old has some visible qu.ilhy which lessen■» its value. Where it has a quality less-ming its value, and that is not .discoverable by ordinary inspection, it is on erwese ; in such case tin re is no need of an exo-ess warranty — every man is hmmd to be honest — he ought to discover to the vendee all such pro-*536pcj’ties as if known might probably dispose-him not to. purchase* If a man sell an unsound horse, whose disor-des- is not known,, and receives full value as for *a*-ound horse, an action lies against the vendor; and that action may be an-assumpsit stating the. sale, and that the vendor undertook that the horse was sound.

Note. — Upon the subject of warranty on the sale of chattels, see *Bull. N. P. ( Brid. Ed.*30, *a.*to 32, *b. Comyn’s on Con.*228 to 250. *Cooper’s Justinian.*609. *Thompson*v. *Tate,*1 *Murph. 97. Lanier*v. *Auld's Adm’r. v. Ibid. Sheber*v. *Robinson &*others, 2 *Murph.*33. *Gil. christ*v *Marrows*2 *Car. Law Rep. 607. Erwin*v. *Maxwell*3 Murph. 241. *Ayres*v. *Parks’ Adm'r. &c.*3 *Hawks 59. Inge*v. *Bond &*Slaugh*ter, Ibid.*101. *Brittain*v. *Israel &*others, *Ibid.*222. It will be seen, from some of the authorities referred lo, that the position »h:»t a full price for a horse implies a warramy of soundness,.although once supposed to be law, is now overruled, both in England and in this State-
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , 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.

January 5, 2017

d1212 

# Order

Clerk January 5, 2017

154073

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 154073

COA: 332961

Ionia CC: 08

- 013837

- FC

CHRISTOPHER DIBBLE,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 26, 2016 order

of the Court of Appeals is considered, and it is DENIED, because the defendant’s motion

for relief from judgment is prohibited by MCR 6.502(G).
Exhibit 32.2

CERTIFICATION OFCHIEF FINANCIAL OFFICER OFGOLD BANC CORPORATION, INC.

I, Rick J. Tremblay, Chief Financial Officer of Gold Banc Corporation, Inc., hereby certify, in accordance with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (a) | The Annual Report on Form 10-K for the year ended December 31, 2003, which accompanies this certification, fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (b) | The information contained in the Annual Report on Form 10-K for the year ended December 31, 2003, which accompanies this certification, fairly presents, in all material respects, the financial condition and results of operations of Gold Banc Corporation, Inc.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|Date: March 11, 2004 |  |     |                                        
|-------------------- |  | --- | ---------------------------------------
|                     |  | By: | /s/ RICKJ. TREMBLAY                    
|                     |  |     |                                        
|                     |  |     | Rick J. TremblayChief Financial Officer









---
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 Somerset International Group, Inc.
(the "Company") on Form 10-QSB for the three months ending March 31, 2004 as
filed with the Securities and Exchange Commission (the "Report"), I, Paul
Patrizio, Principal Financial Officer, 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 of the Company as of the
          dates presented and the results of operations of the Company.



                                          /s/ Paul Patrizio
                                          ----------------------------
                                              Paul Patrizio
                                              Principal Financial Officer


                                          Dated: May  , 2004
EXHIBIT
 32.1

Certificate of Principal Executive Officer

pursuant to section 18 U.S.C. Section 1350,

as adopted pursuant to Section 906

of Sarbanes-Oxley Act of 2002

In connection with the accompanying Annual Report of CNET Networks, Inc. (CNET Networks) on Form 10-K/A for the year ended December 31, 2005 (the
Report), I, Neil M. Ashe, Chief Executive Officer of CNET Networks, Inc., 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 Section 15(d), as applicable, 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 CNET Networks.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                                
|--------------------------------
|Dated: January 29, 2007         
|                                
|/s/    Neil M. Ashe Neil M. Ashe
|Chief Executive Officer         

A signed original of this written statement required by Section 906 has been provided to CNET Networks and
will be retained by CNET Networks and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32A

                            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 AutoInfo, Inc. (the "Company") on
Form 10-QSB for the quarter ending June 30, 2004 as filed with the Securities
and Exchange Commission (SEC) on the date hereof (the "Report"), I, Harry
Wachtel, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.

A signed original of this written statement has been provided to the Company and
will be retained by the Company and furnished to the SEC or its staff upon
request.


/s/ Harry Wachtel
-----------------
Harry Wachtel
Chief Executive Officer
August 9, 2004


                                       20
**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 ACTOF 2002**

 

Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and(b) of Section 1350, Chapter 63 of Title 18, United States Code), theundersigned officer of Supreme Industries, Inc. (the “Company”), doeshereby certify, to such officer’s knowledge, that:

 

TheQuarterly Report on Form 10-Q for the quarter ended June 28, 2008(the “Form 10-Q”) of the Company fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934 and theinformation contained in the Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of the Company asof, and for, the periods presented in the Form 10-Q.

 

 
|   DATE:  August 12, 2008 |   | /s/  Herbert M. Gardner  |
|-----------------------------------------|--------|--------------------------|
|                                    |   | Herbert  M. Gardner      |
|                                    |   | Chief  Executive Officer |

 

 

Theforegoing certification is being furnished as an exhibit to the Form 10-Qpursuant to Item 601(b)(32) of Regulation S-K and Section 906 of theSarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, United States Code) and, accordingly, is not beingfiled as part of the Form 10-Q for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended, and is not incorporated byreference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation language in such filing.

 

----
##### 



Exhibit 10.1
 Offer of Employment Agreement Effective July 9, 2007.
 
  
 RE: Offer of Employment
   Title and Position.
 Duties and Obligations
 
    
    Cathy Taylor, Vice President/General Manager  US Field Operations and Sales
    
    Jim Aitken  President  Canada
    
    Gerry Mercure  Director, National Accounts/Training  US
    
    Andre Smith  Director of Strategic Relations and Business Development  US
 Employment Relationship
 Salary.
 Equity.




---



##### 



Bonus.
 Benefits.
 Termination of Employment.
     Confidential Information.




---



##### 



Non-Competition/Non-Solicitation.
   Governing Law/Miscellaneous
  Regards,
    
    
    
    Agreed and Accepted:/S/ Rick McClelland
    
    
    
    /S/ Maurice LevyRick McClelland
Chairman and Chief Executive Officer
    
    
    
    I, Maurice Levy, understand and accept the
terms and conditions of this letter.Dynamex Inc.
    
    
    
    Date: June 18, 2007
----

            DECISION OF THE EEA JOINT COMMITTEE         

No 48/2006

of 28 April 2006         

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The following points shall be inserted after point 2u (Commission Decision 2005/360/EC) of Annex XX to the Agreement:

Article 2

The texts of Decisions 2002/739/EC, 2002/740/EC and 2002/741/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 29 April 2006, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 28 April 2006.

For the EEA Joint Committee

The President

R. WRIGHT            

----

(1)OJ L 147, 1.6.2006, p. 55.

(2)OJ L 236, 4.9.2002, p. 4.

(3)OJ L 236, 4.9.2002, p. 10.

(4)OJ L 237, 5.9.2002, p. 6.

(*1)  No constitutional requirements indicated.

----
# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 24

- 00258

- CR

Irvin Rene VALDEZ

, Appellant

v.

The STATE of Texas,

Appellee

From the County Court

, Maverick County, Texas

Trial Court No. 31692CR

Honorable Susan D. Reed , Judge Presiding

BEFORE JUSTICE CHAPA

, JUSTICE RIOS , AND JUSTICE WATKINS

In accordance with this court’s opinion of this date, we DISMISS Irvin Rene Valdez’s

appeal.

SIGNED May 8, 2024.

_________________________________ Luz Elena D. Chapa , Justice
EXHIBIT 32.1

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 on Form 10-Q of Unified Grocers, Inc. (the Company) for the fiscal quarter ended December 27, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Alfred A. Plamann, President and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:



|(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 presented in the Report.
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 10, 2009



/s/    ALFRED A. PLAMANNAlfred A. PlamannPresident and Chief Executive Officer(Principal Executive Officer)


A signed original of this written statement required by Section 906 has been provided to the
Company and will be furnished to the Securities and Exchange Commission or its staff upon request.
99-1129.

#### Kemmeter v. McDaniel Backhoe Serv.

Brown App. No. CA98-10-027. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated at pages 1-2 of the court of appeals’ Entry filed May 21,1999:

“The above cause is before the court pursuant to a motion to certify conflict filed by counsel for appellee, Gil Ruehl Plumbing Company, on April 22,1999. Appellee contends that this court’s opinion released on April 12,1999 conflicts with a Sixth District Court of Appeals decision, *Toledo Edison v.-P & W Printing [sic, Painting] & Sandblasting Co., Inc.*(Sept. 11, 1992), Lucas App. No. L-91-412, unreported [1992 WL 217522],

“Upon due consideration of the foregoing, the court finds that its decision is in conflict with the *Toledo Edison*decision. Appellee’s motion for certification is therefore GRANTED. The issue for certification is whether a hold harmless clause which violates R.C. 2305.31 on its face is enforceable pursuant to *Kendall v. U.S. Dismantling Co.*(1985), 20 Ohio St.3d 61 [20 OBR 360, 485 N.E.2d 1047], if the clause as applied will not result in indemnification of a party’s own negligence.”

Resnick, J., not participating.
EXHIBIT 10.57
                                                                   -------------
HEARTSOFT LOGO

CORPORATE NOTE


MAY 1, 2001

FOR VALUE RECEIVED, the Heartsoft, Inc. promises to pay to the order of:

                      Mr. Dale L. Hill
                      5056 West Grove
                      Dallas, Texas 75248

the sum of $50,000 (fifty thousand dollars), with interest from the date written
above until paid; at the rate of fifteen percent (15%) per annum.

This Note, together with all interest due, is payable in thirty (30) days from
the date written above.

Heartsoft shall reserve the right to prepay the principle of this Note, together
with all such accrued interest at the time of prepayment in whole or in part
prior to its due date without premium or penalty.

Heartsoft, signers, and endorsers of this Note severally waive demand,
presentment, notice of dishonor, diligence in collection and notice of protest
and agree to all extensions and partial payments before or after maturity,
without prejudice to the holder. This written Note represents the final
agreement between the parties and may not be contradicted by evidence of prior,
contemporaneous, or subsequent oral agreements of the parties.

Heartsoft, Inc.


by:        /s/ Benjamin P. Shell
           ------------------------------
           Benjamin P. Shell
           Chief Executive Officer
<TABLE> <S> <C>

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<INCOME-TAX>                                     96810
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<EPS-PRIMARY>                                   (0.43)
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</TABLE>
**Exhibit 32.1**

 

MICROS SYSTEMS, INC.

 

Certificationof Principal Executive Officer

Pursuantto 18 U.S.C. 1350

(Section906 of the Sarbanes-Oxley Act of 2002)

 

I, A.L. Giannopoulos, Chairman, President and Chief Executive Officerof MICROS Systems, Inc. (“Registrant”), certify that to the best of myknowledge, based upon a review of the quarterly report on Form 10-Q for theperiod ended December 31, 2004 of the Registrant (the “Report”):

 

(1)       The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,as amended; and

 

(2)       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Registrant.

 

 
|   | /s/ A.L. Giannopoulos |              |
|--------|-----------------------|-------------------|
|   | Name:                 | A.L. Giannopoulos |
|   | Date:                 | February 9, 2005  |
|        |                       |                   |  |  |

 

----