alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w57







Exhibit 10.57




FIRST AMENDMENT TO FORM OF EXECUTIVE LONG-TERM INCENTIVE 

PERFORMANCE UNIT AGREEMENT

(EPS BASED MULTI-YEAR)





     WHEREAS, the Performance Units granted under the Form of Executive Long-Term Incentive
Performance Unit Agreement (EPS Based Multi-Year) (the “Agreement”) granted under the Global
Industries, Ltd 2005 Stock Incentive Plan for 2009 are not vested; and



     WHEREAS, Section 6 of the Agreement provides that the Committee in its sole discretion may
unilaterally modify this Agreement as it deems necessary or appropriate to comply with Section 409A
of the Internal Revenue Code of 1986, as amended and any regulations or guidance issued thereunder
(the “Code”); and



     WHEREAS, the Committee and Global Industries, Ltd. desire to amend the Agreement;



     NOW, THEREFORE, the Agreement is hereby amended to add the following:



     1. New Section 13.



     To the extent that Code Section 409A applies to any Performance Units granted under this
Agreement, this Agreement shall be construed and interpreted to comply with Code Section 409A.
With respect to any shares to be issued on account of a termination of employment of a Participant
who is a “Specified Employee” within the meaning of Code Section 409A at the time of such
termination of employment, such shares shall not be issued until the first business day which is
six (6) months after the Participant’s termination of employment. For the purposes of Code Section
409A, a termination of employment under this Agreement shall mean a “separation of service” within
the meaning of Code Section 409A. In addition, an event under this Agreement will not constitute a
Change in Control unless it is also a “change in the ownership or effective control of” the
Company, or a “change in the ownership of a substantial portion of the assets” of the Company (in
each case as determined under Section 409A(a)(2)(A)(v) of the Code and final Treasury Regulations
or other IRS guidance issued under Code Section 409A from time to time).



     IN WITNESS WHEREOF, the Committee has authorized and the Company has executed this Agreement
by its duly authorized officer.



	 	 	 	 	 
	 	GLOBAL INDUSTRIES, LTD.

 	 
	 	By:  	/s/ David R. Sheil
 	 
	 	 	Name:  	David R. Sheil 	 
	 	 	Title:  	Senior Vice President, Human Resources 	 
	 
	 	Date: December 22, 2009
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11405-11406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5724]


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

DEPARTMENT OF THE TREASURY

United States Mint


Notification of Pricing for the United States Mint 2009 American 
Presidency $1 Coin Cover Series, and the United States Mint 2009 
District of Columbia and U.S. Territories Quarters Official First Day 
Coin Cover Series

ACTION: Notification of Pricing for the United States Mint 2009 
American Presidency $1 Coin Cover Series, and the United States Mint 
2009 District of Columbia and U.S. Territories Quarters Official First 
Day Coin Cover Series.

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

SUMMARY: The United States Mint is announcing pricing for the 2009 
American Presidency $1 Coin Cover Series and the 2009 District of 
Columbia and U.S. Territories Quarters Official First Day Coin Cover 
Series.
    The 2009 American Presidency $1 Coin Cover Series will be priced at 
$14.95 each. Each cover includes two Presidential $1 Coins, one each 
from the United States Mint facilities at Denver and Philadelphia, on a 
display card with a stamp and a postmark marking the day the coins were 
first released to the public.

[[Page 11406]]

    The 2009 District of Columbia and U.S. Territories Quarters 
Official First Day Coin Covers will be priced at $14.95 each. Each 
cover includes two quarters, one each from the United States Mint 
facilities at Denver and Philadelphia, on a display card with a stamp 
and a postmark marking the day the quarters were first released to the 
public.
    The first 2009 American Presidency $1 Coin Cover Series, featuring 
the William Henry Harrison Presidential $1 Coin, and the first 2009 
District of Columbia and U.S. Territories Quarters First Day Coin 
Cover, featuring the District of Columbia Quarter, will be offered for 
sale this spring.

FOR FURTHER INFORMATION CONTACT: B.B. Craig, Associate Director for 
Sales and Marketing; United States Mint; 801 Ninth Street, NW., 
Washington, DC 20220; or call 202-354-7500.

    Authority: 31 U.S.C. 5111, 5112 & 9701.

    Dated: March 11, 2009.
Edmund C. Moy,
Director, United States Mint.
[FR Doc. E9-5724 Filed 3-16-09; 8:45 am]
BILLING CODE 4810-37-P
Exhibit 32.1







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 the Quarterly Report of Dahua, Inc. (the "Company") on Form 10-QSB/A3 for the period ending September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Younglin Du, CEO and President of the Company, 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; and



(2)   The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.







|                              | 
|----------------------------- | 
|/s/ Yonglin Du                | 
|Yonglin Du, CEO and President | 
|(principal executive officer) | 



August 28, 2007
EXHIBIT 23


<PAGE>


                       CONSENT OF INDEPENDENT ACCOUNTANTS




         We  consent  to the  incorporation  by  reference  in the  Registration
         Statement of FMS Financial  Corporation on Form S-8 (File No. 33-24340)
         of our report dated February 9, 1998 on our audits of the  consolidated
         financial statements of FMS Financial  Corporation and Subsidiary as of
         December  31,  1997 and 1996  and for  each of the  three  years in the
         period  ended  December  31,  1997,  which  report is  incorporated  by
         reference in this Annual Report on Form 10-K.



         /s/ Coopers & Lybrand L.L.P.
         ----------------------------
         COOPERS & LYBRAND L.L.P.





         2400 Eleven Penn Center
         Philadelphia, Pennsylvania
         March 27, 1998
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5943]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Earned Income Tax 
Credit Issue Committee

AGENCY: Internal Revenue Service (IRS) Treasury.

ACTION: Notice of Meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Earned Income 
Tax Credit Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be Friday, May 1, 2009 and Saturday, May 2, 
2009.

FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 or 
718-488-2085.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax 
Credit Issue Committee will be held Friday, May 1, 2009 from 8:30 a.m. 
to 5 p.m. and Saturday, May 2, 2009 from 8:30 a.m. to 12 p.m. Eastern 
Time in New York City, NY. The public is invited to make oral comments 
or submit written statements for consideration. Due to limited 
conference lines, notification of intent to participate must be made 
with Audrey Y. Jenkins. For more information please contact Ms. Jenkins 
at 1-888-912-1227 or 718-488-2085, or write TAP Office, 10 MetroTech 
Center, 625 Fulton Street, Brooklyn, NY 11201, or contact us at the Web 
site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    March 9, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
 [FR Doc. E9-5943 Filed 3-18-09; 8:45 am]
BILLING CODE 4830-01-P
Jennifer A. COLGROVE, Appellant, v. STATE of Missouri, Respondent.

No. ED 105877

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: September 11, 2018

Carol D. Jansen, Columbia, MO, for Plaintiff/Appellant.

Evan J. Buchheim, Jefferson City, MO, for Defendant/Respondent.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

***ORDER***

PER CURIAM.

Jennifer A. Colgrove ("Movant") appeals the motion court's judgment denying her Rule 24.035 motion for post-conviction relief and finding that Movant failed to demonstrate that her plea counsel was ineffective. Finding that Movant has failed to demonstrate that the motion court clearly erred in denying her Rule 24.035 motion, we affirm the judgment of the motion court.

No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,280]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 18, 2009 in response to a worker petition filed by a company official on behalf of workers of Eaton Corporation, Mentor, Ohio.

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 24th day of February 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

 [FR Doc. E9-5047 Filed 3-9-09; 8:45 am]

BILLING CODE 4510-FN-P
Ivan DOMINGUEZ-RODRIGUEZ, Appellant, v. STATE of Missouri, Respondent.

No. ED 105716

Missouri Court of Appeals, Eastern District, DIVISION ONE.

FILED: August 7, 2018

FOR APPELLANT: Kevin B. Gau, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

For Respondent: JOSHUA D. HAWLEY, Karen L. Kramer, P.O. Box 899, Jefferson City, MO 65102.

Before Roy L. Richter, P. J., Robert M. Clayton III, J., and Angela T. Quigless, J.

*ORDER*

PER CURIAM

Ivan Dominguez-Rodriguez ("Movant") appeals from the motion court's judgment, after an evidentiary hearing, denying his Rule 29.15 motion for post-conviction relief. Movant was convicted, following a jury trial, of first-degree assault, in violation of Section 565.050 (RSMo. 2000 ), first-degree burglary, in violation of Section 569.160, and armed criminal action, in violation of Section 571.014. Movant was sentenced to 38 years' imprisonment. This court affirmed Movant's convictions and sentences on direct appeal in *State v. Dominguez-Rodriguez*, 471 S.W.3d 337 (Mo. App. E.D. 2015).

We have reviewed the briefs of the parties and the record on appeal and find no *445error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 84.16(b).
ALASKA SEAFOOD CBI REPLACEMENT PAGE 

EPA-HQ-OW-2013-0652

DCN: 00059CBI

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
EXHIBIT 32.1

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


The undersigned  hereby certifies in his capacity as Chief Executive  Officer of
Belrose Capital Fund LLC (the Fund), that based on his knowledge:

(a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter ended March
     31, 2005 (the Report) fully complies with the requirements of Section 13(a)
     of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.

Date:  May 10, 2005


                                  /s/ Thomas E. Faust Jr.
                                  -----------------------
                                  Thomas E. Faust Jr.
                                  Chief Executive Officer




A signed  original of this  written  statement  required by Section 906 has been
provided  to the Fund  and will be  retained  by the Fund and  furnished  to the
Securities and Exchange Commission or its staff upon request.
#### Kristine Hayes, Plaintiff, v City of New York, Defendant, and Rouse Si Shopping Center, Inc., Defendant and Third-Party Plaintiff-Appellant. Just Shirts Staten Island, Ltd., Third-Party Defendant-Respondent.

[720 NYS2d 362]

In an action to recover damages for personal injuries, the defendant third-party plaintiff Rouse Si Shopping Center, Inc., appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated December 9, 1999, which (1) granted that branch of the motion of the third-party defendant, Just Shirts Staten Island, Ltd., for partial summary judgment dismissing its claim for indemnification, and (2), in effect, *sua sponte,*dismissed its claim for contribution.

Ordered that on the Court’s own motion, that portion of the notice of appeal which purports to appeal as of right from so much of the order as, in effect, *sua sponte*dismissed the appellant’s claim for contribution, is deemed to be a motion for leave to appeal from that portion of the order, and leave to appeal is granted *{see,*CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, that branch of the motion which was for partial summary judgment is denied, and the third-party complaint is reinstated; and it is further,

Ordered that the appellant is awarded one bill of costs.

The indemnification clause at issue only covers loss caused by the negligent acts of the tenant and/or its employees, and thus, it is enforceable under General Obligations Law § 5-321 *(cf., Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co.,*89 NY2d 786, 795; *Kowalewski v North Gen. Hosp.,*266 AD2d 114). Further, there exist triable issues of fact as to whether the plaintiff’s employer was separately negligent for the happening of the occurrence *(see, Freeman v Diamond Chem. Co.,*221 AD2d 413). Accordingly, the Supreme Court erred in dismissing the third-party complaint. Altman, J. P., Goldstein, McGinity and Schmidt, JJ., concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7065
DARRYL LAMONT HUNTER, Plaintiff - Appellant, versus KEVIN MARSEE, Lieutenant for Anderson County Police Department; PHILLIP WEST, Investigator for Anderson County Police Department, in their individual capacities, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., District Judge. (CA-02-886-0-20BD) Submitted: September 30, 2003 Decided: October 8, 2003 Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Darryl Lamont Hunter, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Darryl Lamont Hunter appeals the district court’s order accepting a magistrate judge’s recommendation to dismiss without prejudice his 42 U.S.C. § 1983 (2000) complaint for failure to show proof of service of process on the Defendants. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Hunter v. Marsee , No. CA02-886-0-20BD (D.S.C. May 28, 2003). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 32.1

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 the Quarterly Report of Computer Programs and Systems, Inc. (the Company) on
Form 10-Q for the quarterly period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), J. Boyd Douglas, President and Chief Executive Officer of the Company, and Darrell G.
West, Vice President-Finance and Chief Financial Officer of the Company, each hereby certifies, 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 condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                                     
|-------------------- |  |  |  | ----------------------------------------------------
|Date: August 7, 2009 |  |  |  | /s/ J. Boyd Douglas                                 
|                     |  |  |  | J. Boyd Douglas                                     
|                     |  |  |  | President and Chief Executive Officer               
|                     |  | 
|                     |  |  |  | /s/ Darrell G. West                                 
|                     |  |  |  | Darrell G. West                                     
|                     |  |  |  | Vice President - Finance and Chief Financial Officer
Ex. 32





CERTIFICATION

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Vivian Lam Lee Yu, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Oxford Technologies, Inc. on the Form 10-Q/A for the quarter ended March 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of Oxford Technologies, Inc.







|                   |  |     |  |                                                              
|------------------ |  | --- |  | -------------------------------------------------------------
|                   |  |     |  |                                                              
|Date:  May 5, 2010 |  | By: |  | /s/ Vivian Lam Lee Yu                                        
|                   |  |     |  | Vivian Lam Lee Yu, President                                 
|                   |  |     |  | (Principal Executive Officer and Principal Financial Officer)
Bart COLLIDA and Michele Inman, Appellants, v. The SHADE TREE SERVICE COMPANY, et al., Respondents.

No. ED 105861

Missouri Court of Appeals, Eastern District, Division Four.

Filed: May 29, 2018 Rehearing Denied July 5, 2018

Bart Collida, Michelle Inman, Appellant acting Pro Se, For Plaintiffs/Appellants.

Benjamin R. Marble, Whitney P. Cooney, 222 S. Central Ave. Ste. 900, St. Louis, MO 63105, For Defendants/Respondents.

Before James M. Dowd, C.J., Mary K. Hoff, J., and Colleen Dolan, J.

***ORDER***

PER CURIAM.

Bart Collida and Michele Inman ("Appellants") filed a petition in small claims court against Shade Tree Services Company and Ameren Corporation ("Respondents"), raising claims of trespass on realty *572(pursuant to § 537.340) and trespass in the first degree (pursuant to § 569.140). After Respondents received a favorable ruling in small claims court, Appellants applied for Trial De Novo in the Circuit Court of St. Louis County on the same pleadings they filed in small claims court. Shortly before a hearing on Respondents' motion for summary judgment, Appellants also attempted to add claims of common law civil trespass and common law private nuisance by filing motions to amend their pleadings and/or join these claims to their trespass on realty claim. The trial court held a hearing on these motions on July 14, 2017. Appellants' motion to amend pleadings and motion for joinder were both denied. Additionally, finding there was no genuine dispute as to a material fact and that Respondents were entitled to judgment as a matter of law, the court granted Respondents' motion for summary judgment. We agree with the trial court's finding and affirm the judgment.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).