alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.40

                          AMENDMENT TO
               THE 1997 EQUITY PARTICIPATION PLAN
                               OF
                       RENTRAK CORPORATION

          THIS AMENDMENT (the "Amendment") to the 1997 Equity
Participation Plan of Rentrak Corporation (the "Plan") is hereby
adopted by Rentrak Corporation, an Oregon corporation (the
"Company").

     1.   Incorporation; Definitions.  The terms and provisions
of this Amendment are incorporated by this reference in the Plan
as though fully set forth therein.  Terms not otherwise described
herein shall have the meanings ascribed to them in the Plan.

     2.   Conflicts.  In the event of any conflict between the
terms and provisions of this Amendment and those of the Plan, the
terms and provisions of this Amendment shall control.

     3.   Amendment.

          a.   Option Vesting.  Section 4.4(a) of the Plan is
hereby amended to read in its entirety as follows:

               4.4  Option Vesting.
               
                    (a)  The period during which the right
               to exercise an Option in whole or in part
               vests in the Optionee shall be set by the
               Committee (or the Board, in the case of
               Options granted to Independent Directors) and
               the Committee (or the Board, in the case of
               Options granted to Independent Directors) may
               determine that an Option may not be exercised
               in whole or in part for a specified period
               after it is granted; provided, however, that,
               unless the Committee (or the Board, in the
               case of Options granted to Independent
               Directors) otherwise provides in the terms of
               the Option or otherwise, no Option shall be
               exercisable by any Optionee who is then
               subject to Section 16 of the Exchange Act
               within the period ending six months and one
               day after the date the Option is granted.  At
               any time after grant of an Option, the
               Committee (or the Board, in the case of
               Options granted to Independent Directors)
               may, in its sole and absolute discretion and
               subject to whatever terms and conditions it
               selects, accelerate the period during which
               an Option vests.

      4.  No Other Change.  Except as specifically modified in
this Amendment, all other provisions and terms of the Plan shall
remain unchanged and in full force and effect.

          I hereby certify that the foregoing Amendment was duly
adopted by the Board of Directors of Rentrak Corporation on
____________, 1998.

          Executed on this __ day of __________, 1998.



                              F. Kim Cox
                              Secretary
```

[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Page 40074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16178]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2014-OS-0103]

Privacy Act of 1974; System of Records

AGENCY: Defense Information Systems Agency, DoD.

ACTION: Notice to amend a System of Records.

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

SUMMARY: The Defense Information Systems Agency is amending a system of 
records notice, K890.16, entitled ``Enterprise Mission Assurance 
Support Service (EMASS)'' in its existing inventory of record systems 
subject to the Privacy Act of 1974, as amended. This notice is being 
amended to add ``DoD'' to the system ID, as it is a DoD-wide system.

DATES: Comments will be accepted on or before August 11, 2014. This 
proposed action will be effective the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Weathers-Jenkins, DISA 
Privacy Officer, Chief Information Office, 6916 Cooper Avenue, Fort 
Meade, MD 20755-7901, or by phone at (301)225-8158.

SUPPLEMENTARY INFORMATION: The Defense Information Systems Agency 
systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 
552a), as amended, have been published in the Federal Register and are 
available from the address in FOR FURTHER INFORMATION CONTACT or at 
http://dpclo.defense.gov/.
    The proposed change to the record system being amended is set forth 
below. The proposed amendment is not within the purview of subsection 
(r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which 
requires the submission of a new or altered system report.

    Dated: July 7, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
K890.16

System name:
    Enterprise Mission Assurance Support Service (EMASS) (January 30, 
2014, 79 FR 4889)
* * * * *
    Change system ID to read ``K890.16 DoD''.
* * * * *
[FR Doc. 2014-16178 Filed 7-10-14; 8:45 am]
BILLING CODE 5001-06-P
```
JEDAK CORPORATION d/b/a Razzle's, Appellant, v. SEABREEZE OFFICE ASSOCIATES, LLC and Neil Hunter, Appellees.

Case No. 5D16-3777

District Court of Appeal of Florida, Fifth District.

Opinion filed April 13, 2018

Cynthia B. Beissel, and F. Bradley Hassell, of Hassell-Legal, P.A., Daytona Beach, for Appellant.

Thomas A. Valdez, of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, and Michael J. Reilly and Gabriel Dobrin, of Law Offices of James W. Kehoe, Fort Lauderdale, for Appellee, Seabreeze Office Associates, LLC.

No Appearance for Other Appellee.

PER CURIAM.

In this action arising from a written commercial lease agreement, Appellee, Seabreeze Office Associates, LLC ("Landlord"), obtained summary judgment for damages arising from the breach of contractual provisions requiring that Appellant, Jedak Corporation d/b/a Razzle's ("Tenant"), indemnify and provide insurance coverage to protect Landlord from losses arising from Tenant's occupancy of the premises. Although Tenant raises numerous issues on appeal, we need only address one, which we conclude is dispositive of this dispute. Because Landlord did not incur any damages that were caused by the breach of these particular lease provisions, the lower court erred in granting summary judgment in favor of Landlord and in denying summary judgment in favor of Tenant. Accordingly, we reverse and remand this cause with directions that summary judgment be entered in favor of Tenant. *See**Cas. Indem. Exch. v. Penrod Bros.* , 632 So.2d 1046, 1047 (Fla. 3d DCA 1993) (where landlord's insurer fully covers loss, landlord suffers no compensable damages arising from tenant's breach of contract).1

*343REVERSED AND REMANDED.

COHEN, C.J., PALMER and TORPY, JJ., concur.

1

Landlord's insurer was not a party to this case.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<CIK> 0000883476
<NAME> CRESCENT BANKING COMPANY
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           3,612
<INT-BEARING-DEPOSITS>                             152
<FED-FUNDS-SOLD>                                 3,010
<TRADING-ASSETS>                                77,457
<INVESTMENTS-HELD-FOR-SALE>                      2,528
<INVESTMENTS-CARRYING>                          14,699
<INVESTMENTS-MARKET>                            14,625
<LOANS>                                         89,033
<ALLOWANCE>                                      1,181
<TOTAL-ASSETS>                                 209,617
<DEPOSITS>                                     134,576
<SHORT-TERM>                                    41,912
<LIABILITIES-OTHER>                              4,050
<LONG-TERM>                                     13,930
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,785
<COMMON>                                             0
<OTHER-SE>                                      13,364
<TOTAL-LIABILITIES-AND-EQUITY>                 209,617
<INTEREST-LOAN>                                 11,323
<INTEREST-INVEST>                                  920
<INTEREST-OTHER>                                    81
<INTEREST-TOTAL>                                12,224
<INTEREST-DEPOSIT>                               3,856
<INTEREST-EXPENSE>                               6,145
<INTEREST-INCOME-NET>                            6,079
<LOAN-LOSSES>                                      390
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 11,225
<INCOME-PRETAX>                                635,371
<INCOME-PRE-EXTRAORDINARY>                     635,371
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   409,924
<EPS-BASIC>                                       0.23
<EPS-DILUTED>                                     0.22
<YIELD-ACTUAL>                                    9.92
<LOANS-NON>                                          0
<LOANS-PAST>                                       549
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,429
<ALLOWANCE-OPEN>                                   865
<CHARGE-OFFS>                                       84
<RECOVERIES>                                        11
<ALLOWANCE-CLOSE>                                1,181
<ALLOWANCE-DOMESTIC>                             1,099
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             82



</TABLE>
**EXHIBIT 32.1**



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



In connection with the quarterly report of Business.vn, Inc (the "Company") on the annual report Form 10-K/A for the year ended April 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report") the undersigned hereby certifies 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.
| |     |                                                                                                                                                     





|Dated: November 4, 2016 | By: | */s/ ROBERT STEVENS*                      | 
|----------------------- | --- | ----------------------------------------- | 
|                        |     | Court Appointed Receiver in #A14-709484-P | 
|                        |     | Acting under its Statutory Authority      |
<PAGE>   1
                                                                   EXHIBIT 11.01

                             OCULAR SCIENCES, INC.

  STATEMENT REGARDING COMPUTATION OF NET INCOME PER SHARE (BASIC AND DILUTED)

<TABLE>
<CAPTION>
                                                          Three Months Ended
                                                               March 31,
                                                       -------------------------
                                                           2000         1999
                                                       -----------   -----------
<S>                                                    <C>           <C>
Net income per share (basic):

   Net income                                          $ 7,133,000   $ 6,655,000
                                                       ===========   ===========

   Weighted average common shares outstanding           23,004,744    22,627,032
                                                       ===========   ===========

   Net income per share (basic)                        $      0.31   $      0.29
                                                       ===========   ===========

Net income per share (diluted):

   Net income (diluted)                                $ 7,133,000   $ 6,655,000
                                                       ===========   ===========

   Weighted average common shares outstanding           23,004,744    22,627,032

   Weighted average shares of stock options
     under the treasury stock method                       332,162       700,334
                                                       -----------   -----------

   Weighted average common and dilutive
     potential common shares outstanding                23,336,906    23,327,366
                                                       ===========   ===========

   Net income per share (diluted)                      $      0.31   $      0.29
                                                       ===========   ===========
</TABLE>
```

[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Notices]
[Page 28477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11271]

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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2014-0030]

Secretary's Advisory Committee on Animal Health; Intent To Renew

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of intent.

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

SUMMARY: We are giving notice that the Secretary of Agriculture intends 
to renew the charter for the Secretary's Advisory Committee on Animal 
Health for a 2-year period. The Secretary has determined that the 
Committee is necessary and in the public interest.

FOR FURTHER INFORMATION CONTACT: Mrs. R.J. Cabrera, Designated Federal 
Officer, VS, APHIS, 4700 River Road, Unit 34, Riverdale, MD 20737; 
(301) 851-3478.

SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee 
Act (FACA, 5 U.S.C. App.), notice is hereby given that the Secretary of 
Agriculture intends to renew the Secretary's Advisory Committee on 
Animal Health (the Committee) for 2 years. The term for the renewed 
charter will extend from August 23, 2014, to August 22, 2016.
    The Committee advises the Secretary on strategies, policies, and 
programs to prevent, control, or eradicate animal diseases. The 
Committee considers agricultural initiatives of national scope and 
significance and advises on matters of public health, conservation of 
national resources, stability of livestock economies, livestock disease 
management and traceability strategies, prioritizing animal health 
imperatives, and other related aspects of agriculture. The Committee 
Chairperson and Vice Chairperson are elected by the Committee from 
among its members.

    Done in Washington, DC, this 12th day of May 2014.
Malcolm A. Shorter,
Acting Assistant Secretary for Administration.
[FR Doc. 2014-11271 Filed 5-15-14; 8:45 am]
BILLING CODE 3410-34-P
```
# Secretary Carlos Del Toro Releases 2023 Holiday Video Message

#### 18 Dec 2023

02:17VIDEO  | 02:17 |2023 SECNAV Holiday Video

Hello, everyone, and happy holidays!

I'm Secretary of the Navy Carlos Del Toro. My wife Betty and I wish all of our Sailors, Marines, Civilians, and their families a very happy, safe, and healthy holiday season.

Whether you are in the states, stationed abroad, or deployed this holiday season, please know that we are incredibly thankful for your service to our Nation. You and your families remain in our thoughts and our prayers.

This is a time to reflect on the accomplishments of the past year and to express gratitude for the dedication and sacrifice that define our Navy and Marine Corps family.

In the spirit of the holidays, let’s continue to celebrate the values that make our Navy-Marine Corps Team strong – honor, courage, and commitment. These values guide our mission to recruit, train, equip, and organize, and deliver combat-ready naval forces to deter, and if necessary, win conflicts and wars through sustained forward naval presence in support of the joint force.

Your contributions are vital to our success, and Betty and I want to thank you for the unique talents and skills you all bring to make up the Department of the Navy.

As we enjoy this special time, we must remember our shipmates who are deployed and unable to be with their loved ones. You and your families' sacrifices do not go unnoticed, and we are grateful for your unwavering dedication to duty.

As we go through this holiday season, please take time to rest, recharge, and cherish the moments with your loved ones.

May the holiday season bring you joy, peace, and a renewed sense of purpose, as we look ahead to the challenges and opportunities that the coming year may bring.

Thank you for your service, commitment, and the sacrifices you make every day to ensure the safety and security of our Nation.

From my family to yours, best wishes for a joyful holiday season.
#### Jim GRAY, Plaintiff-Appellant, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant-Appellee.

No. 17-1299

United States Court of Appeals, Fourth Circuit.

Submitted: July 20, 2017

Decided: July 24, 2017

Jim Gray, Appellant Pro Se. Gerard J. Stief, Associate General Counsel, WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Washington, D.C., for Appellant.

Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jim Gray appeals the district court’s order dismissing his civil action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Gray v. Washington Metro. Area Transit Auth.,*No. 8:16-cv-01792-DKC (D. Md. Feb. 8, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
<PAGE>

                                                                   Exhibit 10.49


                                                                October 10, 2002

VIA FACSIMILE: (212) 396 2388

Mr. Arthur Becker
Vice Chairman
ClearBlue Technologies Inc.

Dear Mr. Becker:

     In connection with the Notes and Note Purchase Agreement by and among
NaviSite, Inc. (the "Company"), Compaq Financial Services Corporation ("CFS")
and CMGI, Inc., dated as of October 29, 2001 and transferred to ClearBlue
Finance, Inc. ("ClearBlue") on or about September 11, 2002 (the "Agreements"),
and the transactions contemplated thereby, this letter confirms your agreement,
and the agreement of ClearBlue, that (i) acknowledging that the Company's common
stock was delisted from the Nasdaq National Market to the Nasdaq SmallCap
Market, the Company may, at its election, continue to pay the amount of Interest
due on any Interest Payment Date through and including the Interest Payment Date
in September 2002 in shares of the Company's common stock. Capitalized terms
used in this letter agreement and not otherwise defined shall have the meanings
ascribed to them in the Agreement and in each 12% Convertible, Senior, Secured
Note of the Company, dated November 8, 2001, payable to ClearBlue, and (ii) if
the Company was at any time deemed by ClearBlue to be in Default under the
Agreement with respect to any payments of interest or principal under the Notes
or the timeliness of such payments, the Company is, as of the date hereof, not
in Default under the Agreements. Capitalized terms used in this letter agreement
and not otherwise defined shall have the meanings ascribed to them in the
Agreement.

     If you have any questions with respect to this letter agreement, please
contact Joe Suyemoto or me at (978) 946-7938. Please acknowledge your receipt of
this letter agreement and your agreement to and acknowledgement of this letter
agreement by signing the enclosed copy in the place indicated below and
returning it to me via facsimile at your earliest convenience.

                                          Very truly yours,

                                          /s/ Kevin H. Lo
                                          ----------------------------
                                          Kevin H. Lo
                                          CFO

cc: Guy Molinari, Esq., Heller Ehrman

Acknowledged by:

/s/ Arthur Becker
--------------------------
Arthur Becker
Date: 10/11/02
Exhibit 32.2

SECTION 1350 CERTIFICATION

Pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906
of the Sarbanes-Oxley Act of 2002, the undersigned officer of Nexity Financial Corporation (the Company), hereby certifies, to such officers knowledge, that the Companys annual report on Form 10-K for the period ended
December 31, 2006 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Report fairly represents, in all material
respects, the financial condition and results of operations of the Company.

Dated March 16, 2007



By:

/s/  John J. MoranJohn J. MoranExecutive Vice President and Chief Financial Officer