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



Exhibit 10.38
 TOLLGRADE COMMUNICATIONS, INC.
2006 LONG-TERM INCENTIVE COMPENSATION PLAN
 NON-EMPLOYEE DIRECTOR  RESTRICTED SHARES AGREEMENT
    1. Definitions .
 (a)
    
    Agreementmeans this Non-Employee Director Restricted Shares
Agreement between the Participant and the Company.
 (b)
    
    Change in Controlshall have the meaning set forth in Section 2.7of
the Plan.
 (c)
    
    Committeeshall have the meaning set forth in Section 2.9of the
Plan.
 (d)
    
    Disabilityshall mean a disability within the meaning of Section
422(c)(6) of the Internal Revenue Code of 1986, as amended from time to time.
 (e)
    
    Grant Datemeans the date the Restricted Shares were granted, as set
forth in Section 2hereof.
 (f)
    
    Planmeans the Companys 2006 Long-Term Incentive Compensation Plan,
as amended.
 (g)
    
    Restricted Sharesshall mean those shares of the Companys common
stock, par value $.20, issued pursuant to the restrictions set forth in this
Agreement.
 2. Issuance
of Restricted Shares .
 3. Vesting and Forfeiture .
 1




---



##### 



4. Delivery of Vested Restricted Shares .
 5. Representations of Participant .
    6. Restrictions on Transfer . Section 3 Section 6
 8. Dividend and Voting Rights .
 9. Capital Adjustments and Distributions . Section 4.4
 10. Legend .
  10. Withholding of Tax .
 11. Indemnification .
 2




---



##### 



12. Effectiveness and Term .
 14. Interpretation of Plan and Agreement . Section 8.2
 15. Effect of Agreement on Rights of Company and Participant .
 16. Binding Effect .
 17. Entire Agreement
 18. Amendment .
 19. Governing Law .
  TOLLGRADE COMMUNICATIONS, INC.By:Title:PARTICIPANTSignature:Print Name:
 3
exv10w67






Exhibit 10.67




AMENDMENT NO. 7 TO THE




APPLIED MATERIALS, INC.



EXECUTIVE DEFERRED COMPENSATION PLAN



(April 1, 1995 Restatement)



     APPLIED MATERIALS, INC., having adopted the Applied Materials, Inc. Executive Deferred
Compensation Plan (the “Plan”) effective as of January 1, 1993, and having amended and/or restated
the Plan on several occasions, hereby again amends the Plan, as follows:



     1. Section 3.3 is amended in its entirety to read as follows:




     “3.3 Deemed Investment of Accounts. Although no assets will be segregated or
otherwise set aside with respect to a Participant’s Account, the amount that is
ultimately payable to the Participant with respect to his or her Account shall be
determined as if such Account had been invested in such manner as the Committee, in
its sole discretion, may specify from time to time. The Committee, in its sole
discretion, shall adopt (and may modify from time to time) such rules and procedures
as it deems necessary or appropriate to implement the deemed investment of the
Participants’ Accounts. The exact amount to be credited (or debited) as deemed
earnings, gains or losses with respect to any Participant’s Account will be
determined by the Committee under such formulae as the Committee, in its sole
discretion, adopts from time to time. Notwithstanding any contrary Plan provision,
in no event may the methods or formulae selected by the Committee to calculate and
credit (or debit) deemed earnings, gains or losses on Participants’ Accounts cause
the Plan to be considered “materially modified” under Section 409A of the Code.”



     2. The first sentence of Section 4.3 is amended by deleting the phrase “crediting of
deemed interest” therefrom and substituting the phrase “crediting (or debiting) of deemed
earnings, gains or losses” therefor.



     3. The phrase “deemed interest” is deleted and the phrase “deemed earnings, gains or
losses” is substituted therefor everywhere it appears in the Plan.



 









 





     4. The phrase “credited with deemed interest” is deleted and the phrase “credited (or
debited) with deemed earnings, gains or losses” is substituted therefor everywhere it
appears in the Plan.



     5. This Amendment No. 7 to the Plan is effective as of January 1, 2010.



     In Witness Whereof, Applied Materials, Inc., by its duly authorized officer, has executed this
Amendment No. 7 to the Plan on the date specified below.



	 	 	 	 	 
	 	Applied Materials, Inc.

 	 
	Dated:  April 26, 2010 	By  	/s/ Ron Miller
 	 
	 	 	Ron Miller 	 
	 	 	Corporate Vice President, Global Rewards 	 
	 




2
ex10-2.htm



Exhibit 10.2


Lease Agreement







Party A: villager  committee of Xigu village, Qingxu County


Party B:Taiyuan Hongxing Carbon Black Co., Ltd







Party A lease the land described below to Party B, Party B will use the land for its 15,000 ton dry production line of carbon black. Two parties reach the following agreements:







1. Land description


Party A agrees to lease the land to Party B for its carbon black production. The land locates in th south of Xigu villiage, and south of Qingdong Road and 12 Nong ,13 Nong 3 Fang, it is 130 meters from the east to the west, and it is 300 meters from the south of 13 Nong 3 Fang to the north. The total land area is 58.5 Mu, or 39000 m2







2. Lease period


It is 50 years from July 2003 to July 2053.







3. Lease fees and payment


 The lease fee is 10,000 RMB per year and shall be paid in December each year (or month’s delay), a 5% penalty is imposed if it is overdue.







4. Default responsibility


Party B will cease to pay the lease fee if the Party A is the default party and Party A shall bear all the loss incurred. If party B is the default party, it shall pay to the Party A the lease fee calculated on the basis of actual period during which it used the land.







5. This original contract and a duplicate will be given to both Party A and Party B. It will become effective from the date of signing.







Exhibit: the map of land location












Party A(Seal)                              Signature of Person in Charge:

















Party B(Seal)                              Signature of Person in Charge:

















July 18, 2003
IIB 

111TH CONGRESS 

1ST SESSION H. R. 402 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2009 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To designate the Department of Veterans Affairs Outpatient 

Clinic in Knoxville, Tennessee, as the ‘‘William C. 

Tallent Department of Veterans Affairs Outpatient Clinic’’. 

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


tjames on DSKG8SOYB1PROD with BILLS
2 

HR 402 RFS 

1 SECTION 1. DESIGNATION OF WILLIAM C. TALLENT DE2 PARTMENT OF VETERANS AFFAIRS OUT3 PATIENT CLINIC. 

4 (a) DESIGNATION.—The Department of Veterans Af5 fairs Outpatient Clinic in Knoxville, Tennessee, shall be 

6 known and designated as the ‘‘William C. Tallent Depart7 ment of Veterans Affairs Outpatient Clinic’’. 

8 (b) REFERENCES.—Any reference in any law, regula9 tion, map, document, record, or other paper of the United 

10 States to the outpatient clinic referred to in subsection 

11 (a) shall be considered to be a reference to the William 

12 C. Tallent Department of Veterans Affairs Outpatient 

13 Clinic. 

Passed the House of Representatives July 14, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


tjames on DSKG8SOYB1PROD with BILLS
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane lunani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T AL E X R E NB E R T O F L OR E S R UB I O, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 09- 72354 A ge nc yN o. A 094- 292- 434 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d A pr i l5, 2011 ** B efo re: B . F L E T C H E R , C L IF T O N , an dB E A , C i rcu i tJu d g es. A l e x R e nbe rt o F l or e s Rubi o, ana t i ve and c i t i z e n of H ondur a s , pe t i t i ons f

or re vi ew of the B oard of Im m i grat i on A pp ea l s’ order s um m ar i l y a ff i rm i ng an i m m i grat i on j ud ge’ s ( “ IJ ”) deci si on denyi ng hi s m ot i on t o reopen rem ov al p r o c e e d in g s c o n du c te din ab s e n tia . W e h av e ju r is d ic tio n u n d e r8 U .S .C . § 1 2 5 2 . 

# FI LED APR15 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 72354 2 W e r e v ie w f

o rab u s e o f

d is c r e tio n th e d e n ia l o f am o tio n to r e o p e n . H

am az as py an v. H older , 5 9 0 F . 3 d7 4 4 , 7 4 7 ( 9 th C i r . 2 0 0 9 ) . We d e n yth e p e t i t i o n f o rr e v i e w. T h e I Jd idn o t ab u s e h e rd is c r e tio nin d e n y in g F lo r e s Rub io ’s m o tio n to r e ope n be c aus e F l or e s Rubi o pr e s e nt e d i ns uf f i c i e nte vi de nc e t o ove r c om e the p r e s u m p tio n th a t h is h e ar in g n o tic e w a s p r o p e r lyd e liv e r e dv iar e g u larm a il. See 8 U .S .C . § 1 2 2 9 a ( b ) ( 5 ) ( C ) ( ii) ; se e al so Sem bi ringv. G on zales , 499 F . 3d 981, 988 ( 9 th C ir . 2 0 0 7 ) ( “T h e te s t f o rw h e th e ran a lie n h a s p r o du c e ds u f f ic ie n t e v id e n c e to ove r c om e the pr e s um pt i on of e f f e c t i ve s e rvi c e byr e gul arm a i li s pr a c t i c a land com m on se nsi ca lrather than ri gi dl y f orm ul ai c. ”) . P E T I T I O N F O R R E V I E W D E N I E D .
#### *EX PARTE*HENDERSON. *IN RE*STATE v. EVANS.

Misdemeanors — Witnesses’ Eees. — The county is not liable for the fees of defendant’s witnesses in misdemeanors.

Before Buchanan, J., Laurens, February, 1897.

Affirmed.

Application of George Henderson *et*al., witnesses for defense in State *v.*Evans *et*al., convicted of assault and battery of a high and aggravated nature, for certificates against count}' for their fees. Refused. Applicants appeal.

*Messrs. Johnson &*Richey, for appellants.

*Solicitor T. S.*Sease, contra.

Feb. 19, 1898.

The opinion of the Court was delivered by Mr. Justice Jones. Appellants were bound over to attend, and did attend, the Court of General Sessions for Laurens County, July term, 1897, as witnesses for defendants in the case of *The State*v. *Harry*Evans, and others, charged with assault and battery with intent to kill. After the acquittal of defendants, the appellants applied to the Circuit Judge for certificates that they were material witnesses, with a view to draw pay as witnesses. The Circuit Judge, while certifying as to their materiality as witnesses, directed the clerk of the court not to issue pay certificates to appellants, for the reason that defendants were tried for a misdemeanor, and that the county is not liable for costs and fees of defendant’s witnesses in a case of misdemeanor. The only question presented here is whether the county of *332Laurens is liable for the costs and fees of defendant’s witnesses in a case of misdemeanor. We hold with the Circuit Judge that the county is not liable. The right to such fees depends wholly upon statute. In sec. 622, Gen. Stat., being sec. 676, Rev. Stat., 1893, it is provided, that “each county shall pay * * * (2) witnesses’ fees in State cases for actual attendance upon Circuit Courts, as provided by law.” But by an act approved February 4, 1896, entitled “An act to amend section 2638 of the General Statutes, being section 45 of the Revised Statutes, Criminal Code, vol. 2, in reference to defendant’s witnesses, and regulate their pay,” found at page 102 of the acts of 1896, 22 Stat., it is provided, that “in all criminal prosecutions the accused shall have compulsory process’ for obtaining witnesses in his favor; and in felonies, and no other cases, such witnesses shall receive the same pay as the State’s witnesses, upon the certificate of the trial Judge that the testimony of such witnesses was material to the defense; provided, &c.” It is manifest from this act that the liability of a county to pay fees of defendant’s witnesses is limited to felonies. It is true, that sec. 18, art. I., of the Constitution gives the accused the right to compulsory process for obtaining witnesses in his favor in all criminal prosecutions. But no right of the accused is involved in this case, and the accused’s right to compulsory process for his witnesses in all cases does not carry his witnesses the right to claim fees from the county in such cases.. The right to such fees must rest upon some express statute, and there is no such statute except in cases of felony.

The judgment of the Circuit Court is affirmed.
Unassociated Document


    
      	
              To
      :

            	
              Board
      of Directors

            


    

    
      	
               
      

            	
              Infosmart
      Group, Inc.

            


    

    


    


    


    Date : 27
May 2010

    


    RESIGNATION

    


    This
letter serves to inform all of you that with immediate effective, I resign my
position as a director of Infosmart Group, Inc. due to my personal
reasons.

    


    I
appreciate very much to work with all of you in the past year and I wish the
company a healthy and growing future by your valuable & continuous
contribution.

    


    Thank you
very much

    


    


    Yours
sincerely,

    


    


    


    /s/ Chang Chiu
Ping               


    Chang
Chiu Ping
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3847 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3847

To provide appropriate authority to the Department of Justice Inspector 
  General to investigate attorney misconduct, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2009

 Mr. Conyers introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
To provide appropriate authority to the Department of Justice Inspector 
  General to investigate attorney misconduct, and for other purposes.

    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 called the ``Department of Justice Inspector 
General Authority Improvement Act of 2009''.

SEC. 2. AMENDMENTS TO SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF 
              JUSTICE.

    (a) Amendment to Requirement Relating to Certain Referrals.--
Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by striking paragraph (3).
    (b) Conforming Amendments.--Section 8E of such Act is further 
amended--
            (1) in subsection (b)--
                    (A) by striking ``and paragraph (3)'' in paragraph 
                (2);
                    (B) by redesignating paragraph (4) as paragraph 
                (3); and
                    (C) by redesignating paragraph (5) as paragraph (4) 
                and in that paragraph by striking ``(4)'' and inserting 
                ``(3)''; and
            (2) in subsection (d), by striking ``, except with respect 
        to allegations described in subsection (b)(3),''.
                                 <all>
```
<PAGE>


                                                                    Exhibit 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS



The Board of Directors and Stockholders
Daleen Technologies, Inc.:

We consent to the incorporation by reference in the registration statement (No.
333-74234) on Form S-8 of Daleen Technologies, Inc. of our report dated February
2, 2004, except as to note 18(a), which is as of March 1, 2004, relating to the
consolidated balance sheets of Daleen Technologies, Inc. and Subsidiaries (the
Company) as of December 31, 2002 and 2003, and the related consolidated
statements of operations, stockholders' (deficit) equity and cash flows for each
of the years in the three-year period ended December 31, 2003, and the related
financial statement schedule, which report appears in the December 31, 2003,
annual report on Form 10-K of the Company.

Our report dated February 2, 2004, except as to note 18(a), which is as of March
1, 2004, contains an explanatory paragraph that states that the Company has
suffered recurring losses from operations and has an accumulated deficit of
$214.5 million at December 31, 2003. These matters raise substantial doubt about
the Company's ability to continue as a going concern. The consolidated financial
statements and financial statement schedule do not include any adjustments that
might result from the outcome of this uncertainty.

As discussed in note 1(m) to the consolidated financial statements, the Company
adopted the provisions of Statement of Financial Accounting Standards No. 142,
Goodwill and Other Intangible Assets, in 2002.

                                                      /s/ KPMG LLP

Miami, Florida
March 17, 2004
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                       <C>
<PERIOD-TYPE>                              YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          42,425
<SECURITIES>                                         0
<RECEIVABLES>                                   62,911
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               134,911
<PP&E>                                         388,762
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 863,741
<CURRENT-LIABILITIES>                          127,538
<BONDS>                                        441,707
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           297
<OTHER-SE>                                     176,229
<TOTAL-LIABILITY-AND-EQUITY>                   863,741
<SALES>                                              0
<TOTAL-REVENUES>                               343,629
<CGS>                                                0
<TOTAL-COSTS>                                  270,114
<OTHER-EXPENSES>                               113,508
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,489
<INCOME-PRETAX>                               (62,540)
<INCOME-TAX>                                     5,512
<INCOME-CONTINUING>                           (57,028)
<DISCONTINUED>                                 (3,908)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (49,725)
<EPS-PRIMARY>                                   (1.67)
<EPS-DILUTED>                                   (1.67)
        

</TABLE>
```

[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Rules and Regulations]
[Page 68699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27217]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket FAA No. FAA-2013-0530; Airspace Docket No. 13-AWP-9]

Establishment of Class E Airspace; Battle Mountain, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects a final rule published in the Federal 
Register of September 23, 2013, that establishes Class E airspace at 
the Battle Mountain VHF Omni-Directional Radio Range Tactical Air 
Navigational Aid (VORTAC) navigation aid, Battle Mountain, NV. A 
favorable comment from the National Business Aviation Association 
(NBAA) was received in the public Docket but was not referenced in the 
Final Rule.

DATES: Effective Date: 0901 UTC, December 12, 2013. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION: 

History

    The FAA published a final rule in the Federal Register establishing 
Class E airspace at the Battle Mountain VORTAC navigation aid, Battle 
Mountain, NV (78 FR 58159, September 23, 2013). The FAA received a 
comment in support of the rule from the NBAA for inclusion in FAA 
Docket No. FAA-2013-0530 prior to the closing of the comment period. 
However, the preamble incorrectly references that there were no 
comments to the proposal. This action corrects that statement.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, the 
description under the History heading, as published in the Federal 
Register on September 23, 2013 (78 FR 58159), Airspace Docket No. 13-
AWP-9, FR Doc. 2013-58159, is corrected as follows: On page 58160, 
column 1, line 2, remove ``No comments were received.'', and add in 
their place ``One comment was received from the National Business 
Aviation Association (NBAA) supporting the establishment of Class E en 
route airspace.''.

    Issued in Seattle, Washington, on: November 6, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-27217 Filed 11-14-13; 8:45 am]
BILLING CODE 4910-13-P
```
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

     In connection with the Quarterly Report of China Pharma Holdings, Inc. (the
"Company")  on Form 10-Q/A for the period ended March 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Zhilin
Li,  Chief  Executive  Officer of the  Company,  certify,  pursuant to 18 U.S.C.
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 and 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.



                                                         Date: March 11, 2009

                                                         By:  /s/ Zhilin Li
                                                              -------------
                                                              Zhilin Li
                                                         Chief Executive Officer