alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to Severance Agreement



 Exhibit 10.40 
 EXECUTION COPY 
 FIRST AMENDMENT TO
SEVERANCE AGREEMENT 
 This First Amendment to the Severance Agreement, dated February 1, 2012, is
entered into by and between MAP Pharmaceuticals, Inc., a Delaware corporation (“Company”), and Timothy S. Nelson (“Executive”). 

WHEREAS, Executive and the Company entered into that certain Severance Agreement effective March 19, 2009 (the
“Severance Agreement”); 
 WHEREAS, Executive and the Company have mutually agreed that it is
in their best interest to amend the Severance Agreement pursuant to the terms set forth herein. 
 NOW,
THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do hereby agree that, effective as of the date hereof, the Severance
Agreement is hereby amended as follows: 
 1.     Effective as of the date hereof, Subsection (iv) of
the definition of “Good Reason” contained in Section 1(d) of the Severance Agreement shall be replaced and amended to read in its entirety as follows; 

(iv) the assignment to Executive of any duties or responsibilities that results in any diminution or adverse change of
Executive’s position, status, circumstances of employment or scope of responsibilities; 
 2.    
Except as hereby specifically amended or modified, the terms of the Severance Agreement, as amended by this First Amendment, shall remain in full force and effect. This First Amendment may be executed by the parties hereto in two counterparts, each
of which shall be an original and all of which together shall constitute one and the same agreement. This First Amendment shall be governed in all respects by the laws of the State of California, without regard to the principles conflicts of laws.

 [signature page follows] 







 IN WITNESS WHEREOF, the parties hereto have executed and delivered this
First Amendment to the Severance Agreement as of the day and year first above written. 
  

	
	
	EXECUTIVE
	
	/s/ Timothy S.Nelson        
	Timothy S.Nelson


  

					
	MAP PHARMACEUTICALS, INC.
		
	BY:	 	/s/ C. Friedman        
		 	NAME:	 	C. Friedman
		 	TITLE:	 	SVP, General Counsel and Secretary


  
 2
#### In the Matter of Patricia O. and Others, Children Alleged to be Neglected. Otsego County Department of Social Services, Respondent; Lewis O., Appellant.

[719 NYS2d 615]

Appeal from an order of the Family Court of Otsego County (Coccoma, J.), entered February 23, 1999, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to adjudicate respondent’s children to be neglected.

Based upon respondent’s admission of certain allegations of the petition filed pursuant to Family Court Act article 10, Family Court found respondent’s children to be neglected and, after a dispositional hearing, the children were placed with their paternal grandmother for a six-month period under petitioner’s supervision. Respondent appealed and his assigned counsel seeks to be relieved of the assignment on the ground that there are no nonfrivolous issues. Our review of the record discloses that the finding of neglect was based upon respondent’s knowing and voluntary admission and that the placement ordered by Family Court was the disposition requested by respondent at the conclusion of the dispositional hearing. In addition, the order of disposition has expired. Accordingly, we agree with counsel that no nonfrivolous issues exist and grant his application to be relieved of his assignment *(see, Matter of Amber EE.,*245 AD2d 895; *see also, Anders v California,*386 US 738).

*896Cardona, P. J., Mercure, Peters, Carpinello and Rose, JJ., concur. Ordered that the order is affirmed, without costs, and application to be relieved of assignment granted.
I 

109TH CONGRESS 

2D SESSION H. R. 5095 

To prohibit deceptive altering or disguising of caller identification on outbound 

telephone calls. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2006 

Mr. ENGEL (for himself and Mrs. WILSON of New Mexico) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit deceptive altering or disguising of caller 

identification on outbound telephone calls. 

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

3 SECTION 1. TELEPHONE CALLER IDENTIFICATION FRAUD 

4 PROHIBITED. 

5 (a) CONDUCT PROHIBITED.—Not later than 270 

6 days after the date of the enactment of this Act, the Fed7 eral Trade Commission shall promulgate a rule under sec8 tion 18(a)(1)(B) of the Federal Trade Commission Act 

9 (15 U.S.C. 57a(a)(1)(B)) to prohibit, as an unfair or de10 ceptive act or practice, making any outbound telephone 


ccoleman on PROD1PC71 with BILLS
2 

•HR 5095 IH 

1 call that alters, masks, or disguises, or employing any 

2 technology to alter, mask, or disguise, the automatic num3 ber identification of the caller, with the intent to deceive 

4 the person to whom the call is made. 

5 (b) DEFINITIONS.—For purposes of the rule required 

6 by this Act— 

7 (1) the term ‘‘automatic number identification’’ 

8 means the 10 digit telephone number used by a tele9 communications carrier to determine the telephone 

10 number of the calling party on any outbound tele11 phone call, such as is used to provide telephone cus12 tomers with caller identification services; and 

13 (2) the term ‘‘telecommunications carrier’’ has 

14 the meaning given such term in section 3(44) of the 

15 Communications Act of 1934 (47 U.S.C. 153(44)). 

Æ 


ccoleman on PROD1PC71 with BILLS
No. 09-9068.

#### Scott R. Zabriskie, Petitioner v. Orlando Police, et al.

559 U.S. 1074, 130 S. Ct. 2104,

176 L. Ed. 2d 734,

2010 U.S. LEXIS 3442,

April 19, 2010.

Petition for writ of cer-tiorari to the District Court of Appeal of Florida, Fifth District, denied.

Same case below, 23 So. 3d 126.
No. 09-9984.

#### Damon Emanuel Elliott, Petitioner v. United States.

559 U.S. 1115, 130 S. Ct. 2425,

176 L. Ed. 2d 939,

2010 U.S. LEXIS 3751,

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 348 Fed. Appx. 885.
EXHIBIT 31.1

                                 CERTIFICATIONS

      I, Fred B. Zaziski, certify that:

1.    I have reviewed this quarterly report on Form 10-QSB of Falcon Natural Gas
Corp.

2.    Based on my knowledge,  this quarterly  report does not contain any untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made, not  misleading  with respect to the period covered by this quarterly
report;

3.    Based on my  knowledge,  the  financial  statements,  and other  financial
information  included in this quarterly  report,  fairly present in all material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4.    The  registrant's  other  certifying  officers and I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have;

(a) Designed such disclosure controls and procedures,  or caused such disclosure
controls and  procedures to be designed  under our  supervision,  to ensure that
material  information  relating to the  registrant,  including its  consolidated
subsidiaries, is made known to us by others within those entities,  particularly
during the period in which this quarterly report is being prepared;

(b) Evaluated the  effectiveness  of the  registrant's  disclosure  controls and
procedures and presented in this report our conclusions  about the effectiveness
of the disclosure  controls and procedures,  as of the end of the period covered
by this report based on such evaluation; and

(c)  Disclosed in this report any change in the  registrant's  internal  control
over  financial  reporting  that  occurred  during  the  period  covered by this
quarterly  report  that has  materially  affected,  or is  reasonably  likely to
materially affect, the registrant's  internal control over financial  reporting;
and

5.    The registrant's other certifying officers and I have disclosed,  based on
our most recent evaluation of internal control over financial reporting,  to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):

(a)  All  significant  deficiencies  and  material  weakness  in the  design  or
operation of internal  control over  financial  reporting  which are  reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; and

(b) Any fraud,  whether  or not  material,  that  involves  management  or other
employees who have a significant role in the registrant's  internal control over
financial reporting.

      Date: August 15, 2005             /s/ Fred B. Zaziski
                                        -------------------------------
                                            Fred B. Zaziski
                                            Principal Executive Officer


                                       1
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D2023

- 0931

_____________________________
E DDIE W ASHINGTON , Appellant,

v.

N EIGHBORHOOD R ESTAURANT P ARTNERS F LORIDA T WO , LLC d/b/a A PPLEBEE ’ S G RILL AND B AR , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Angela C. Dempsey , Judge

.

January 19, 2024

P ER C URIAM

.
A FFIRMED

.
O STERHAUS , C.J., and R OBERTS and M.K. T HOMAS , JJ.
, concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Marie A. Mattox and Ashley N. Richardson of Marie A. Mattox, P.A., Tallahassee
, for Appellant.

Richard C. McCrea, Jr., and Cayla M. Page of Greenberg Traurig, P.A., Tampa
, for Appellee.
Site Name State County Site Method PQAO Date ug/m3

Liberty 42 003 0064 88101Allegheny County,PA Health Department 20100208 69.9 Liberty 42 003 0064 88101Allegheny County,PA Health Department 20140211 63.8 Liberty 42 003 0064 88101Allegheny County,PA Health Department 20100110 59.8 Liberty 42 003 0064 88101Allegheny County,PA Health Department 20111107 59 Liberty 42 003 0064 88101Allegheny County,PA Health Department 20101109 58.4 Freemansburg 42 095 0025 88101 Pennsylvania Department Of Environmental Protection 20110609 58.2 Freemansburg 42 095 0025 88101 Pennsylvania Department Of Environmental Protection 20110608 58 Liberty 42 003 0064 88101Allegheny County,PA Health Department 20111213 57

Bristol 42 017 0012 88101 Pennsylvania Department Of Environmental Protection 20110101 55.6 Freemansburg 42 095 0025 88101 Pennsylvania Department Of Environmental Protection 20120106 54.9
exhibit10112.htm




Exhibit 10.11.2







October 19, 2010












CBL & Associates Limited Partnership


c/o CBL & Associates Properties, Inc.


2030 Hamilton Place Blvd., Suite 500


Chattanooga, Tennessee 37421-6000


Attention:  Chief Financial Officer












CBL & Associates Limited Partnership


c/o CBL & Associates Properties, Inc.


2030 Hamilton Place Blvd., Suite 500


Chattanooga, Tennessee 37421-6000


Attention:  Finance Counsel













	
  

	
Re:

	
Second Amended & Restated Credit Agreement (as amended, the "Credit Agreement") by and among CBL & Associates Limited Partnership, as Borrower, CBL & Associates Properties, Inc., as Parent, the Financial Institutions party thereto and their assignees under Section 13.6, as Lenders, and Wells Fargo Bank, National Association, as Administrative Agent

















To Whom It May Concern:







This letter is to confirm that the Administrative Agent and Lenders have unanimously agreed:








	
  

	
(i)

	
to waive the requirement that Wausau Mall, the final Conditionally Approved Eligible Property, be added to the Borrowing Base Properties; and













	
  

	
(ii)

	
that the Full Collateralization Date has occurred (notwithstanding that Wausau Mall will not be added to the Borrowing Base Properties), such that (x) Lenders will begin making Loans for all uses permitted by Section 8.8 of the Loan Agreement, and (y) all Loans shall be deemed Revolving Loans, such that Borrower may reborrrow Loans which are repaid.
















  





  











  








Such agreement is conditioned upon, and by acknowledging this letter Borrower and Parent hereby acknowledge and agree that, (i) Borrower has voluntarily reduced the Revolving Commitment to $520,000,000, and (ii) the Third Benchmark Period shall commence as of the date hereof (rather than on January 1, 2011).







 







 



	 	 	 Sincerely	 
	 	 	 	 
	 	 	 Wells Fargo Bank, National Association	 
	 	 	 	 
	 	 	 /s/ Kerry Richards	 
	 	 	 Kerry Richards	 
	 	 	 	 
	 	Acknowledged and agreed to	 	 
	 	 
this 22nd day of October, 2010

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	CBL & ASSOCIATES LIMITED PARTNERSHIP	 
	 	 	 	 
	 By:	CBL Holdings I, In.c 	 	 
	 	 tis sole general partner	 	 
	 	 	 	 
	 	 	 	 
	 	By:	 /s/ Farzana K. Mitchell	 	 
	 	Name:	 Farzana K. Mitchell	 	 
	 	Title:	Executive Vice President - Finance 	 	 
	 	 	 	 
	 CBL & ASSOCIATES PROPERTIES, INC.	 	 
	 	 	 	 
	By:	/s/ Farzana K. Mitchell 	 	 
	Name:	 Farzana K. Mitchell	 	 
	Title: 	 Executive Vice President - Finance
EXHIBIT 10.10

 

Summary of Barry L. McCabe 2011 Compensation

 

The Knoll, Inc. compensation committee approved an annual base salary of $295,000 for Barry L. McCabe, with a bonus target of $295,000.  Mr. McCabe is also entitled to participate in the benefit plans provided by Knoll that are available to Knoll employees generally, including, without limitation, healthcare benefits, the Knoll Retirement Savings Plan, the Knoll Pension Plan and the Knoll Employee Stock Purchase Plan.
No. 09-9136.

#### David I. Shirley, Petitioner v. Indiana.

559 U.S. 1094, 130 S. Ct. 2373,

176 L. Ed. 2d 771,

2010 U.S. LEXIS 3547.

April 26, 2010.

Petition for writ of cer-tiorari to the Court of Appeals of Indiana, First District, denied.

Same case below, 917 N.E.2d 188.
No. 09-847.

#### Terrence Loose, as Trustee of the William Loose Family Trust, Petitioner v. Emil Cadkin, et al.

559 U.S. 1007, 130 S. Ct. 1895,

176 L. Ed. 2d 365,

2010 U.S. LEXIS 2681.

March 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 569 F.3d 1142.
No. 09-8365.

#### Jose Antonio Verdugo-Munoz, Petitioner v. United States.

559 U.S. 954, 130 S. Ct. 1546,

176 L. Ed. 2d 138,

2010 U.S. LEXIS 1455.

February 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 343 Fed. Appx. 287.
Exhibit 32   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 Zaldiva, Inc. (the Registrant) on Form 10-Q for the quarter ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Quarterly Report), we, Nicole Leigh, President, and Robert B. Lees, CFO of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant.  Date:February 14, 2011By:/s/Nicole LeighNicole Leigh, President and Director  Date:February 14, 2011By:/s/Robert B. LeesRobert B. Lees, CFO and Director
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5103 Enrolled Bill (ENR)]

        H.R.5103

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

  To provide for the conveyance of the former Konnarock Lutheran Girls 
School in Smyth County, Virginia, which is currently owned by the United 
    States and administered by the Forest Service, to facilitate the 
     restoration and reuse of the property, 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. LAND CONVEYANCE, FORMER KONNAROCK LUTHERAN GIRLS SCHOOL, 
JEFFERSON NATIONAL FOREST, SMYTH COUNTY, VIRGINIA.
    (a) Conveyance Required.--The Secretary of Agriculture shall 
convey, without consideration, to the Evangelical Lutheran Coalition 
for Mission in Appalachia (in this section referred to as the 
``recipient'') all right, title, and interest of the United States in 
and to a parcel of real property in the Mount Rogers National 
Recreation Area, Smyth County, Virginia, located in the vicinity of the 
junction of Virginia Routes 600 and 603, consisting of not more than 
six acres, and containing the former Konnarock Lutheran Girls School 
and its outbuildings, as depicted on the map entitled ``Proposed Area 
for New Legislation or Sale-Konnarock School-Being a Portion of USA 
Tract J-935''.
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the recipient accept the real 
property described in such subsection in its condition at the time of 
the conveyance, commonly known as conveyance ``as is''.
    (c) Description of Property.--Subject to the acreage limitation 
specified in subsection (a), the exact acreage and legal description of 
the real property to be conveyed under such subsection shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the recipient.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers appropriate to protect 
the interests of the United States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
<PAGE>

                                  EXHIBIT 32.2

 Certification of Chief Financial 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 West Bancorporation, Inc. on Form
10-Q for the quarter ended September 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Douglas R. Gulling,
Chief Financial Officer of West Bancorporation, 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 15(d) of the Securities Exchange Act of 1934; (2) the information
contained in the Report fairly presents, in all material respects, the financial
conditions and results of operations of West Bancorporation, Inc.

November 4, 2004

/s/ Douglas R. Gulling
----------------------
Douglas R. Gulling
Executive Vice President and Chief Financial Officer

                                       24
ODNIHeader2




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  The IC Diversity, Equity, Inclusion, and Accessibility (IC DEIA) Office is responsible for the overall strategic management of the IC's efforts to build a diverse and inclusive workforce and to ensure that equity is a core part of management and policymaking processes. The IC DEIA conducts data collection, analysis and visualization, and strategic outreach for underserved communities. The IC DEIA Office reports directly to the Director of National Intelligence offering programmatic and policymaking guidance that impacts the representation of women, minorities, and persons with disabilities in the IC.
**Exhibit 31.1****CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Nikolas Antonopoulos, President and Chief Executive Officer of Crum & Forster Holdings Corp.,certify that: 1. I have reviewed this quarterly report on Form 10-Q of Crum & Forster Holdings Corp.;  2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this quarterly report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and we have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this quarterly report based on such evaluation; and  (c) Disclosed in this quarterly report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.       Date: November 2, 2006 By: /s/ *Nikolas Antonopoulos*             Nikolas Antonopoulos      President and Chief Executive Officer