alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.12

                        SUMMARY OF EXECUTIVE COMPENSATION

Jesse Lerman, President and Chief Executive Officer, is employed on an at-will
basis and is paid an annual salary of $153,140. Mr. Lerman also receives, as do
all other TelVue employees, health, dental, disability and life insurance
benefits as well as a contribution of 2.5% of his annual salary to TelVue's 401K
Plan. Mr. Lerman, like all other TelVue employees, is eligible to receive stock
option grants under the TelVue Stock Option Plan.

John Fell, Secretary, Treasurer and Controller, is employed on an at-will basis
and is paid an annual salary of $111,150. Upon satisfaction of certain
conditions, he is eligible for a $2,000 annual bonus. Mr. Fell also receives, as
do all other TelVue employees, health, dental, disability and life insurance
benefits as well as a contribution of 2.5% of his annual salary to TelVue's 401K
Plan. Mr. Fell, like all other TelVue employees, is eligible to receive stock
option grants under the TelVue Stock Option Plan.

Paul Andrews, Senior Vice President of Sales and Marketing, is employed on an
at-will basis and is paid an annual salary of $130,000. Mr. Andrews also
receives, as do all other TelVue employees, health, dental, disability and life
insurance benefits as well as a contribution of 2.5% of his annual salary to
TelVue's 401K Plan. Mr. Andrews, like all other TelVue employees, is eligible to
receive stock option grants under the TelVue Stock Option Plan.

Dan Pisarski, Vice President of Engineering and Technical Support, is employed
on an at-will basis and is paid an annual salary of $147,000. Mr. Pisarski also
receives, as do all other TelVue employees, health, dental, disability and life
insurance benefits as well as a contribution of 2.5% of his annual salary to
TelVue's 401K Plan. Mr. Pisarski, like all other TelVue employees, is eligible
to receive stock option grants under the TelVue Stock Option Plan.

Randy Gilson, Vice President of Technical Services, is employed on an at-will
basis and is paid an annual salary of $128,213. Mr. Gilson also receives, as do
all other TelVue employees, health, dental, disability and life insurance
benefits as well as a contribution of 2.5% of his annual salary to TelVue's 401K
Plan. Mr. Gilson, like all other TelVue employees, is eligible to receive stock
option grants under the TelVue Stock Option Plan.
EXHIBIT 99.2

                                 MISSION BANCORP



                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  this Quarterly Report of Form of 10-QSB of Mission Bancorp
(the  "Company") for the period ended September 30, 2002, I, Craig Swenson, CFO,
of  the  Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley  Act  of  2002,  that:

     1.   This  Periodic  Report fully complies with the requirements of section
          13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
          or  78o  (d));  and
     2.   The  information  contained in the Periodic Report fairly presents, in
          all  material  respects,  the  financial  condition  and  results  of
          operations  of  the  Company.



Dated:  November  4,  2002                      /s/  Craig  Swenson
                                                -----------------------------
                                                Craig  Swenson,  CFO
                                                Mission  Bancorp


<PAGE>
Exhibit 10.32


 


Execution Version


 


SECOND AMENDMENT TO EMPLOYMENT AGREEMENT


 


This
Second Amendment to Employment Agreement (“Amendment”) is made and
entered into by and between SHEILA C. BROWN (“Executive”) and TEXAS
ROADHOUSE, INC., a Delaware corporation ( the “Company”).


 


WHEREAS, Executive and the Company entered into that certain
Employment Agreement effective December 26, 2007, as amended by that
Amendment to Employment Agreement effective January 1, 2009 (the “Agreement”)
providing for the employment of the Executive by the Company; and


 


WHEREAS, the parties now mutually desire to further amend
the Agreement.


 


NOW THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:


 


1.             Capitalized terms not otherwise
defined herein shall have the meaning set forth in the Agreement.


 


2.             The Term is extended for a period
of one (1) year until January 7, 2012 (the “Extended Term”),
unless the Agreement is earlier terminated as permitted pursuant to the terms
of the Agreement.


 


3.             During the Extended Term, Executive
shall continue to be paid a base salary at her current rate of Two Hundred
Twenty-five Thousand and no/100 Dollars ($225,000.00) per fiscal year.


 


4.             During the Extended Term, Executive
shall continue to be eligible for an annual target incentive bonus in the same
amount applicable to the 2010 fiscal year.


 


5.             On January 8, 2011, the
Executive shall be granted 25,000 Restricted Stock Units which shall vest on January 7,
2013.


 


6.             Except as expressly amended hereby,
the Agreement shall remain in full force and effect.


 


[Signature page follows.]


 


1

















 


IN WITNESS WHEREOF, and intending to be legally
bound thereby, Executive and the Company have executed the foregoing Amendment
on the dates set forth below.


 


 


	
   

  	
   

  	
   

  	
  TEXAS
  ROADHOUSE, INC.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Dated:

  	
  February 18,
  2010

  	
   

  	
  By:

  	
  /s/
  W. Kent Taylor

  
	
   

  	
   

  	
   

  	
  Name:

  	
  W.
  Kent Taylor

  
	
   

  	
   

  	
   

  	
  Its:

  	
  Chairman

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  SHEILA
  C. BROWN

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Dated:

  	
  February 18,
  2010

  	
   

  	
  /s/
  Sheila C. Brown

  



 


2
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1022 

CA 13-00432 

PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ. 

 

KIMBERLY TRATT, 

PLAINTIFF-RESPONDENT-APPELLANT, 

V MEMORANDUM AND ORDER

COUNTY OF CAYUGA, CAYUGA COUNTY TREASURER’S 

OFFICE, DEFENDANTS-APPELLANTS-RESPONDENTS, 

ET AL., DEFENDANT. 

 

THE LAW FIRM OF FRANK W. MILLER, EAST SYRACUSE (FRANK W. MILLER OF

COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. 

O’HARA, O’CONNELL & CIOTOLI, FAYETTEVILLE (STEPHEN CIOTOLI OF

COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT. 

 

Appeal and cross appeal from an order of the Supreme Court,

Cayuga County (Thomas G. Leone, A.J.), entered August 13, 2012. The

order, among other things, denied the motion of defendants County of

Cayuga and Cayuga County Treasurer’s Office for summary judgment

dismissing plaintiff’s 10th cause of action against them and denied

that part of the cross motion of plaintiff for summary judgment

dismissing certain affirmative defenses. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at

Supreme Court. We write only to note that plaintiff failed to meet

her burden of establishing her entitlement to partial summary judgment

on liability on the 10th cause of action, for quid pro quo sexual

harassment (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324;

Mauro v Orville, 259 AD2d 89, 91-93, lv denied 94 NY2d 759). 

Entered: October 4, 2013 Frances E. Cafarell

Clerk of the Court
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 21, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41470

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN GOMEZ-REYES,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:05-CR-388-ALL

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

Before STEWART, DENNIS, and OWEN, Circuit Judges. 

PER CURIAM:*

Juan Gomez-Reyes (Gomez) pleaded guilty to being found

unlawfully in the United States following deportation and was

sentenced to a 46-month term of imprisonment and to a two-year

period of supervised release. Gomez has appealed his conviction

and sentence and contends that the felony and aggravated felony

provisions of 8 U.S.C. § 1326(b) are unconstitutional on their

face and as applied to him. Gomez’s constitutional challenge is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224,
No. 05-41470

-2-

235 (1998). Although Gomez contends that Almendarez-Torres was

incorrectly decided and that a majority of the Supreme Court

would overrule Almendarez-Torres, we have repeatedly rejected

such arguments on the basis that Almendarez-Torres remains

binding. See United States v. Garza-Lopez, 410 F.3d 268, 276

(5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Gomez properly

concedes that his argument is foreclosed in light of

Almendarez-Torres and circuit precedent, but he raises it here to

preserve it for further review.

AFFIRMED.
STATE of Missouri, Respondent, v. Tyrikk BLANKS, Appellant.

No. ED 105018

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: February 6, 2018

ATTORNEYS FOR APPELLANT: Carol D. Jansen, Woodrail Centre, 1000 W. Nifong, Building 7, Suite 100, Columbia, MO 65203.

ATTORNEYS FOR RESPONDENT: Joshua D. Hawley, Attorney General, Nathan J. Aquino, Asst. Attorney General, P. O. Box 899, Jefferson City, MO 65102-0899.

Before Robert G. Dowd, Jr., P.J. and Sherri B. Sullivan and Kurt S. Odenwald, JJ.

**ORDER**

PER CURIAM.

Tyrikk Blanks ("Appellant") appeals from the judgment entered on his convictions after a jury trial for felony resisting arrest by fleeing. Finding no clear error in the trial court's ruling, we affirm.

An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 30.25(b).
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      10,935,827
<INT-BEARING-DEPOSITS>                       4,000,000
<FED-FUNDS-SOLD>                            14,000,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                223,817,207
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    722,583,284
<ALLOWANCE>                                 10,448,496
<TOTAL-ASSETS>                             989,212,690
<DEPOSITS>                                 802,710,521
<SHORT-TERM>                                90,022,716
<LIABILITIES-OTHER>                         10,367,489
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,175,216
<OTHER-SE>                                  84,936,748
<TOTAL-LIABILITIES-AND-EQUITY>             989,212,690
<INTEREST-LOAN>                             52,749,304
<INTEREST-INVEST>                           12,585,646
<INTEREST-OTHER>                               450,695
<INTEREST-TOTAL>                            65,785,645
<INTEREST-DEPOSIT>                          32,275,622
<INTEREST-EXPENSE>                          36,818,149
<INTEREST-INCOME-NET>                       28,967,496
<LOAN-LOSSES>                                2,310,000
<SECURITIES-GAINS>                             (8,495)
<EXPENSE-OTHER>                             14,786,550
<INCOME-PRETAX>                             14,103,348
<INCOME-PRE-EXTRAORDINARY>                  14,103,348
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 9,495,175
<EPS-BASIC>                                       1.55
<EPS-DILUTED>                                     1.50
<YIELD-ACTUAL>                                    3.44
<LOANS-NON>                                          0
<LOANS-PAST>                                     6,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             8,145,982
<CHARGE-OFFS>                                   20,000
<RECOVERIES>                                    13,000
<ALLOWANCE-CLOSE>                           10,448,496
<ALLOWANCE-DOMESTIC>                         5,650,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                      4,799,000


</TABLE>
Employment Letter dated May 7, 2001



 Exhibit 10(yy) 
 May 7, 2001 
 Gregory Curl 
 NCI-007-57-06 
 Charlotte, NC 
 Dear Greg, 
 This letter confirms our commitment to you concerning your Supplemental Executive
Retirement Plan and Employment Agreement dated January 30, 1996. You are currently a participant in the Bank of America Supplemental Executive Retirement Plan (SERP). Attached is an illustration showing your benefit under this plan. Under the
terms of this plan you are vested in the retirement benefit when you reach age 55 with 15 years of service. 
 We agree that if your
employment is terminated for any reason other than cause prior to the date you become vested (September 1, 2003); we will provide you with the benefit you have earned that would be payable at age 55 upon your termination. If your
termination is for cause as defined in Section 6.5 of your employment agreement your SERP benefit continues to be forfeitable under the plan’s provisions. 
 Your Employment Agreement dated January 30, 1996 continues to be in effect. Under the terms of this agreement you are eligible to receive a severance benefit of 1 year of your current base
salary plus 1 year continuation of health and welfare benefits if you are terminated for any reason other than cause or voluntarily terminate your employment. Based on your current age and service, you meet the eligibility requirements for
retirement under the medical and stock programs. As you would now qualify for benefits under the Retiree Medical Plan we agree that the healthcare continuation provision no longer applies. All stock awards and stock options will
automatically be fully vested upon your termination. All other aspects of the agreement continue to apply and we agree benefits provided under Article 7 (Change In Control) are not applicable at this time. 
 If you agree that this letter correctly outlines our commitment to you, please sign and return one copy to me. 
 /s/ James H. Hance, Jr. 
 James H.
Hance, Jr. 
 cc: Charles Loring 
  

	
	Agreed and Accepted:
	
	/s/ Gregory Curl
	Gregory Curl
	
	May 15, 2001
	Date
#### Jose Antonio Regueira et al., *Appellants,*v. Jose Regueira Borrazas et al., *Appellees.*

Division B.

Decision Filed April 4, 1928.

*Whitaker Brothers*and *Julian L. Hazard,*for Appellants ;

*Mabry, Reaves & Carlton,*for Appellees.

Per Curiam.

This cause having heretofore been submitted to- the Court upon the transcript of record of the order herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said order; it is, therefore, considered, *696ordered and adjudged by tbe Court that the said order of the Circuit Court be, and the same is hereby, affirmed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.
Exhibit 10.5

                               Term Loan Agreement

Party A (hereinafter  referred to as the "Lender"):  Tianjin Tianshi  Biological
Development Co.,Ltd.

Party B (hereinafter referred to as the "Borrower"):  Tianjin Tianshi Biological
Engineering Co.,Ltd.

The lender and the  Borrower  have  reached  and signed a loan  agreement  which
should be observed by both parties.

     1.   The Lender agrees to make a loan of RMB 15 million  Y15,000,000.00) to
          the Borrower.

     2.   The term of this loan  agreement is from September 1, 2005 to December
          31, 2005.

     3.   The loan is for short-term loan and non-interest bearing.

     4.   The Borrower  guarantees  to repay the loan by December 31, 2005,  and
          terms of the loan agreement shall not be breached.

     5.   Upon the  approval  by the  lender the  Borrower  can pay off the loan
          before December 31, 2005.


The Lender:                               The Borrower:
Tianjin Tianshi Biological Development    Tianjin Tianshi Biological Engneering
Co.,Ltd                                   Co.,Ltd

By    /s/ Jinyuan Li                      By    /s/ Baolan Li
  ----------------------------------        ------------------------------------
Title:   General Manager                  Title:   General Manager
      ------------------------------            --------------------------------

September 1, 2005                               September 1, 2005
**EXHIBIT 32**

 

**CERTIFICATION**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned hereby certifies in his capacity as an officer of Monarch Community Bancorp, Inc. (the “Company”) that the Quarterly Report of the Company on Form 10-Q for the period ended June 30, 2006 fully complies with the requirements of Section 13(a) of the Securities and Exchange Act of 1934, as amended, and that the information contained in such report fairly presents, in all material respects, the financial condition of the Company at the end of such period and results of operations of the Company for such period.

 

 
|                 |                                                                                                                                               |
|----------------------|----------------------------------------------------------------------------------------------------------------------------------------------------|
|                 |                                                                                                                                               |
| Date: August 3, 2006 | By:   /s/ Donald L. Denney                     |
|                 | Donald L. Denney                                                                                                                                   |
|                 | President and Chief Executive Officer                                                                                                              |
|                 | (Principal Executive Officer)                                                                                                                      |

 

 
|                 |                                                                                                                 |
|----------------------|----------------------------------------------------------------------------------------------------------------------|
| Date: August 3, 2006 | And: /s/ Ralph A. Micalizzi, Jr.               |
|                 |  Ralph A. Micalizzi, Jr.                                                                                        |
|                 |  Vice President, Chief Financial Officer                                                                        |
|                 |  and Treasurer                                                                                                  |
|                 |  (Principal Financial Officer)                                                                                  |

 

 

20
<PAGE>   1
                                                                    EXHIBIT 24-2

                                POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

     That the undersigned Director or Officer of MCN Energy Group, Inc., a
Michigan corporation, does hereby constitute and appoint, Alfred R. Glancy III,
Daniel L. Schiffer and Gerard F. Kabzinski, and each of them, his true and
lawful attorneys and agents,each with full power and authority (acting alone
and without the others) to execute in his name and on his behalf and to file
with the Securities and Exchange Commission an Annual Report on Form 10-K for
the year ended December 31, 1998, including all amendments.

     IN WITNESS WHEREOF, I have executed this Power of Attorney this 3rd day of
June, 1999.



                                                  /s/ Howard L. Dow III
                                                  -----------------------------
                                                      Howard L. Dow III
No. 09-9771.

#### Oran Tillman Davis, Petitioner v. United States.

559 U.S. 1099, 130 S. Ct. 2389,

176 L. Ed. 2d 780,

2010 U.S. LEXIS 3636.

April 26, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 369 Fed. Appx. 456.
EXHIBIT 99.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

    In  connection  with  Amendment  No.1  to the  Annual  Report  of  Magnitude
Information  Systems,  Inc.  (the  "Company")  on Form 10-KSB for the year ended
December  31, 2004 (the "Form  10-KSB"),  I, Steven D. Rudnik,  Chief  Executive
Officer of the Company,  and I, Joerg H. Klaube,  Chief Financial Officer of the
Company,  certify, as of the date hereof, 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 our  knowledge,  that the Company's  Form 10-KSB fully complies with the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and that the information  contained in the Form 10-KSB,  fairly presents, in all
material  respects,  the  financial  condition  and results of operations of the
Company.


Dated:  MARCH 3, 2006               MAGNITUDE INFORMATION SYSTEMS, INC.

                                    By: /s/ Steven D. Rudnik
                                        ----------------------------------------
                                        Steven D. Rudnik
                                        President and Chief Executive Officer

                                    By: /s/ Joerg H. Klaube
                                        ----------------------------------------
                                        Joerg H. Klaube
                                        Chief Financial Officer




                                                                               5
Conversation with T. Busby, August 2009.

Wildwood Consulting

To reduce nutrient runoff and satisfy its waste load allocation (WLA) under the Lower St. Johns River total maximum daily load (TMDL), Anheuser Bush used hyacinth management, a baffle system, and aeration in certain zones of its Lem Turner location. At its Main Street location, it reduced it’s nutrient load by altering its nutrient management plan, and increasing the acreage of its land application of wastewater. Georgia Pacific similarly reduced the quantity of nutrients added to its treatment ponds.