alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Second Amendment to The Progressive Corporation 2010 Equity Incentive Plan



 Exhibit 4.3 
 SECOND AMENDMENT TO THE PROGRESSIVE CORPORATION 
 2010 EQUITY INCENTIVE
PLAN 
 WHEREAS, The Progressive Corporation 2010 Equity Incentive Plan, as previously amended (the “Plan”)
has been approved by the Board of Directors and will be submitted to shareholders for approval at the Company’s upcoming Annual Meeting of Shareholders; and 
 WHEREAS, it is deemed desirable to amend the Plan; 
 NOW, THEREFORE, the Plan is
hereby amended as follows: 
  

	 	1.	Section 8(d) of the Plan is hereby amended and restated in its entirety as follows: 


(d) Buyout Provisions. The Company, based on such terms and conditions as may be approved by the Committee in its
discretion, at any time may buy out, for a payment in cash, any Option previously granted, based on such terms and conditions as the Committee shall establish and agree upon with the Participant, provided that: (i) no such buy out shall be
permitted if the Option Exercise Price of the applicable Option is higher than the Fair Market Value of the Stock on the date of such transaction; and (ii) no such transaction involving a Section 16 Participant shall be structured or
effected in a manner that would violate, or result in any liability on the part of the Participant under, Section 16 of the Exchange Act or the rules and regulations promulgated thereunder. 

 

	 	2.	Section 9(b)(vi) of the Plan is hereby amended and restated in its entirety as follows: 


(vi) Unless varied by the Committee, Stock Appreciation Rights shall be subject to the terms and conditions specified for
Stock Options in Sections 8(b)(vi) and (vii), and 8(d), except that: (A) a buy out shall not be permitted if the exercise price applicable to such Stock Appreciation Right is higher than the Fair Market Value of the Stock on the date of such
transaction; and (B) the terms and conditions applicable to any Stock Appreciation Right held by a Section 16 Participant shall not be varied in a manner that would cause the exercise or cancellation of such Stock Appreciation Right to
fail to qualify for any applicable exemption from Section 16(b) of the Exchange Act provided by Rule 16b-3 thereunder. 
  

	 	3.	Except as expressly modified hereby, the terms of the Plan shall be unchanged.
ACCEPTED 04-15-00279-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/11/2015 3:03:20 PM KEITH HOTTLE CLERK
Robin BRAND, Appellant, v. Kevin WARREN, Respondent.

No. ED 106017

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

FILED: March 13, 2018

ATTORNEY FOR APPELLANT: Jeremy Andrew Gogel, 4542 West Pine Blvd., St. Louis, MO 63108, THE GOGEL LAW FIRM.

ATTORNEY FOR RESPONDENT: H. Anthony Relys, J. Brent Dulle, Co-Counsel, 1200 Market Street, City Hall Room 314, St. Louis, MO 63103, CITY COUNSELOR'S OFFICE.

Before Colleen Dolan, P.J., Mary K. Hoff, J., and Lisa S. Van Amburg, J.

*ORDER*

PER CURIAM

Robin Brand appeals from the trial court's "Order and Judgment" granting Kevin Warren's Motion to Set Aside Default Judgment. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).
THE THIRTEENTH COURT OF APPEALS

13-23-00149-CV

Emilia Gamez

v.

Domus Management, LLC, or in the alternative, Domus Management, LLC d/b/a 

“Paychex PEO V LLC”

On Appeal from the

105th District Court of Kleberg County, Texas

Trial Court Cause No. 19-736-D

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion. Costs of the appeal are adjudged against 

appellant.

We further order this decision certified below for observance.

November 9, 2023
#### In Matter of WILLIAM H. BLAIR.

(Filed 19 October, 1949.)

Trial § 48?4 —

An order of the trial court setting aside the verdict in the exercise of its discretion is not reviewable in the absence of abuse of discretion.

Appeal by respondent William H. Blair from *Rousseau, J.,*at May Term, 1949, of Caldwell.

Appeal dismissed.

*L. M. Abernethy and W. H. Strickland for respondent, appellant.*

*No counsel contra.*

*754Per Cueiam.

Petition to have William H. Blair declared incompetent by reason of want of understanding, to manage bis affairs was beard before tbe clerk and a jury. From an adverse verdict and judgment tbe respondent appealed to tbe Superior Court in term. On tbe trial in tbe Superior Court there was verdict for respondent, whereupon tbe court, in its discretion, set aside tbe verdict and ordered tbe case docketed for trial at a subsequent term. Respondent appealed.

Tbe action of tbe court, in tbe exercise of its discretion, in setting aside tbe verdict is not reviewable, in tbe absence of evidence of abuse of discretion, and tbe appeal therefrom must be dismissed. *Jarrett v. Trunk Co.,*142 N.C. 466, 65 S.E. 338; *In re Beal,*200 N.C. 754, 158 S.E. 388; *Privette v. Allen, ante,*662, 55 S.E. 2d 188.

Appeal dismissed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Brunner
Companies Income Properties LP II 1995 Year-End 10-KSB and is qualified in its
entirety by reference to such 10-KSB filing.
</LEGEND>
<CIK> 0000839705
<NAME> BRUNNER COMPANIES INCOME PROPERTIES LP II
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                         169,768
<SECURITIES>                                         0
<RECEIVABLES>                                    2,883
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                       6,133,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,493,189
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                      6,133,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      88,000
<TOTAL-LIABILITY-AND-EQUITY>                 6,493,189
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>The Registrant has an unclassified balance sheet.
</FN>
        

</TABLE>
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Page 11353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5706]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


DoD Board of Actuaries Open Meeting

AGENCY: Department of Defense.

ACTION: Notice of meeting.

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

SUMMARY: Under the provision of the Federal Advisory Committee Act of 
1972 (5 U.S.C., appendix as amended), the Government in the Sunshine 
Act of 1976 (5 U.S.C. 552b as amended), and 41 CFR 102-3.150, the 
Department of Defense announces that the following Federal Advisory 
committee meeting of the DoD Board of Actuaries will take place:

DATES: August 27, 2009 (1 p.m.-5 p.m.) and August 28, 2009 (10 a.m.-1 
p.m.)

ADDRESSES: 4040 N. Fairfax Drive, Suite 270, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Inger Pettygrove at the DoD Office of 
the Actuary, 4040 N. Fairfax Drive, Suite 308, Arlington, VA 22203; 
telephone 703-696-7413.

SUPPLEMENTARY INFORMATION:
    Purpose of the meeting: The purpose of the meeting is for the Board 
to review DoD actuarial methods and assumptions to be used in the 
valuations of the Education Benefits Fund, the Military Retirement 
Fund, and the Voluntary Separation Incentive Fund, in accordance with 
the provisions of Section 183, Section 2006, Chapter 74 (10 U.S.C. 1464 
et seq.), and Section 1175 of Title 10, United States Code.
    Agenda:
    Education Benefits Fund (August 27, 1 p.m.-5 p.m.).
    Briefing on investment experience.
    Developments in education benefits.
    Economic assumptions.*
    September 30, 2008, valuation and proposed per capita and 
amortization cost reserve programs.*
    September 30, 2008, valuation and proposed per capita and 
amortization cost active duty programs.*
    Military Retirement Fund (August 28, 10 a.m.-1 p.m.).
    Briefing on retirement fund investment experience.
    September 30, 2008, valuation of the military retirement system.*
    Methods and assumptions for September 30, 2009, valuation.*
    Voluntary Separation Incentive (VSI) Fund.*
    Recent and proposed legislation.
    * Board approval required.

    Public's accessibility to the meeting: Pursuant to 5 U.S.C. 552b 
and 41 CFR 102-3.140 through 102-3.165, and the availability of space, 
this meeting is open to the public. Seating is on a first come basis.
    Committee's Designated Federal Officer or Point of Contact: Persons 
desiring to attend the DoD Board of Actuaries meeting or make an oral 
presentation or submit a written statement for consideration at the 
meeting must notify Inger Pettygrove at 703-696-7413 by August 3, 2009.

    Dated: March 12, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-5706 Filed 3-16-09; 8:45 am]
BILLING CODE 5001-06-P
---

Exhibit 31.2

CERTIFICATION PURSUANT TOSECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

I, Hamish Malkin, Chief Financial Officer of Argentex Mining
Corporation (Principal Financial Officer and Principal Accounting Officer),
certify that:

1. I have reviewed this quarterly report on Form 10-QSB of
Argentex Mining Corporation;

2. Based on my knowledge, this 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
report;

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

4. The small business issuers other certifying officer(s) 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
company 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
company, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is
being prepared;

(b) Evaluated the effectiveness of the
company'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 company's internal control over financial reporting that occurred during
the period covered by this annual report that has materially affected, or is
reasonably likely to materially affect, the company's internal control over
financial reporting; and

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

(a) All significant deficiencies and
material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the
company'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
company's internal control over financial reporting.

Date: September 13, 2007



/s/ Hamish MalkinHamish
Malkin Chief Financial Officer (Principal Financial Officer and
Principal Accounting Officer)

---
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5546 Received in Senate (RDS)]

109th CONGRESS
  2d Session
                                H. R. 5546

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2006

                                Received

_______________________________________________________________________

                                 AN ACT

 
    To designate the United States courthouse to be constructed in 
 Greenville, South Carolina, as the ``Carroll A. Campbell, Jr. United 
                          States Courthouse''.

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

SECTION 1. DESIGNATION.

    The United States courthouse to be constructed in Greenville, South 
Carolina, building number SC0017ZZ, shall be known and designated as 
the ``Carroll A. Campbell, Jr. United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Carroll A. 
Campbell, Jr. United States Courthouse''.

            Passed the House of Representatives September 27, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
Exhibit 10.23


 


CONFIDENTIAL TREATMENT REQUESTED:


 


Portions of this Exhibit have been redacted pursuant to a request
for confidential treatment under Rule 24b-2 of the General Rules and
Regulations under the Securities Exchange Act of 1934, as amended.  Such
redacted portions have been replaced with “{***}” in this
Exhibit.  An unredacted version of this document has
been filed separately with the Securities and Exchange Commission along with
the request for confidential treatment.


 


31st March, 2004


 


Stephen Jones,

Forest Edge,

23 Winkfield Road,

Windsor,

Berks.

SL4 4BA


 


Dear Stephen,


 


Cambridge has, with the approval of Lifehealth,
entered into a revised agreement with Celltech Pharma S.A. regarding the right
to distribute tetrabenazine in Spain and Portugal (hereinafter “the Spanish
Agreement”). The Spanish Agreement provides for both the payment to Cambridge
by Celltech of an upfront sum in consideration for development costs and the
possibility of Cambridge having to refund all or part of that payment in certain
circumstances.


 


Provision is made in the 1998 agreement between
Lifehealth and Cambridge for the sharing of any up front payment but no
provision exists to cover the situation whereby any up front payment has to be
refunded in whole or in part. Lifehealth and Cambridge hereby agree that the
upfront payment received from Celletech shall be shared in accordance with
clause 6.8. Lifehealth and Cambridge also agree to {***}† any reimbursement of
the whole or any part of the payment received from Celltech. In the event that
such a reimbursement is rightly due pursuant to the provisions of the Spanish
Agreement Cambridge shall inform Lifehealth of such and Lifehealth shall pay to
Cambridge an amount equal to {***}† of the sum to be refunded to Celltech. Cambridge
shall thereafter make payment to Celltech of the whole of the sum to be
refunded.


 


Please indicate your agreement to such by signing in
the space provided and returning to us this letter.


 


	
  Very
  best wishes,

  	
   

  
	
   

  	
   

  
	
  /s/
  MARK EVANS

  	
   

  
	
   

  	
   

  
	
  MARK EVANS

  	
   

  



 


 






† Represents material which has been redacted and
filed separately with the Securities and Exchange Commission pursuant to a
request for confidential treatment pursuant to Rule 24b-2 under the
Securities Exchange Act of 1934, as amended.


 

















 


	
  For
  and on behalf of

  	
   

  
	
  CAMBRIDGE
  LABORATORIES LIMITED

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/
  STEPHEN JONES

  	
   

  
	
   

  	
   

  
	
  STEPHEN
  JONES

  	
   

  
	
   

  	
   

  
	
  For
  and on behalf of

  	
   

  
	
  LIFEHEALTH LIMITED
[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10583-10584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5140]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec. [thinsp]225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are

[[Page 10584]]

set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than March 24, 2009.
    A. Federal Reserve Bank of Chicago (Burl Thornton, Assistant Vice 
President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Robert C. Fick, Davenport, Iowa; to acquire an additional 5 
percent, for an aggregate ownership of 16 percent of River Valley 
Bancorp, Inc., Davenport, Iowa, and thereby indirectly acquire Valley 
Bank, Moline, Illinois; Freedom Bank, Sterling, Illinois; and Valley 
Bank, Fort Lauderdale, Florida.

    Board of Governors of the Federal Reserve System, March 6, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9-5140 Filed 3-10-09; 8:45 am]
BILLING CODE 6210-01-S
Amendment to Employment Agreement with Robert A. Lento



 Exhibit 10.6 to 2009 10-K 
 Amendment to Agreement 
 Employee Name: Mr. Robert A.
Lento 
 Date of Original Agreement: September 1, 2002 
 This is an Amendment to the Agreement of the date shown above (the “Agreement”) between Convergys Corporation (the
“Employer”) and the Employee stated above (“Executive”), which Amendment is made to meet the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), effective January 1,
2009 (“Effective Date”). The Agreement is hereby amended as follows: 
 1. Any severance pay to be paid upon
involuntary termination by the Employer without cause which is calculated by reference to base salary will be paid in a lump-sum no later than 74 days after Executive’s Termination Date. Executive must complete and return any required release
and the time for revocation thereof must expire prior to 74 days after Executive’s Termination Date. Executive’s Termination Date is the date the Employer reasonably concludes that Executive will not perform any more services for the
Employer or any entity under common control under Code Sections 414(b) and (c) (but using 50% common control), as an employee or independent contractor, and provided that Executive shall not be considered to have separated while on leave with
re-employment rights until six months have passed, all in accordance with Treasury Regulations under Code Section 409A. For clarity, Executive must cease all services for Employer to be eligible for severance pay. 
 2. Any reimbursements to the Executive provided for in the Agreement will be made in accordance with the normal policies of the Employer,
and will in no event be paid later than the last day of the Executive’s taxable year following the taxable year in which the expense is incurred. 
 3. The Employer and the Executive agree and confirm that this Agreement is intended by both parties to provide for compensation that is exempt from Code Section 409A as separation pay (up to the Code
Section 409A limit) or as a short-term deferral, and to be compliant with Code Section 409A with respect to any compensation that is not so exempt. This Agreement shall be interpreted, construed, and administered in accordance with this
agreed intent, provided that the Employer does not promise or warrant any tax treatment of compensation hereunder. This Agreement shall not be amended or terminated in a manner that would accelerate or delay payment of severance pay or bonus pay
except as permitted under Treasury Regulations under Code Section 409A. 
 IN WITNESS WHEREOF, the parties have executed
this Amendment to the Agreement as of the Effective Date but actually on the date(s) stated below. 
  

			
	CONVERGYS CORPORATION
		
	By	 	/s/ Clark D. Handy
		 	Clark D. Handy, Senior Vice President
		 	Human Resources
	Date:	 	December 29, 2008
	
	EXECUTIVE
		
		 	/s/ Robert A. Lento
		 	Robert A. Lento
	Date:	 	December 29, 2008
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, 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.

October 28, 2013

t1021 

# Order

Clerk October 28, 2013

147501

CRYSTAL McCASKILL,

Plaintiff

- Ap pellee,

and

LEWIS SMITH, Ph.D., P.C.,

Intervening Plaintiff,

v SC: 147501

COA: 310068

Wayne CC: 12

- 000760

- NF

USAA CASUALTY INSURANCE COMPANY,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the June 20, 2013

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the question presented should be reviewed by this Court.