alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1ADDENDUM NO. 1to theEXCESS OF LOSS RETROCESSION AGREEMENTBY AND BETWEENPLATINUM UNDERWRITERS BERMUDA, LTD.(RETROCEDANT)andPLATINUM UNDERWRITERS REINSURANCE, INC.(RETROCESSIONAIRE)DATED AS OF April 1, 2006     IT IS HEREBY MUTUALLY AGREED that effective February 15, 2007, this Excess of Loss RetrocessionAgreement (“Agreement”), made by and between Platinum Underwriters Bermuda, Ltd., aBermuda-domiciled insurance company (the “Retrocedant”), and Platinum Underwriters Reinsurance,Inc. a Maryland-domiciled insurance company (the “Retrocessionaire”), is amended as follows:**ARTICLE 3 — EXCLUSIONS**     The following Exclusion Clauses are attached to and form part of this Agreement: 1. Nuclear Energy Risks Exclusion Clause (Reinsurance) (Worldwide Excluding U.S.A.& Canada) (Japanese Amendment)  2. Pools, Associations, and Syndicates.  3. War Risk Exclusion Clause.  4. Insolvency Funds Exclusion Clause.  5. Losses emanating from the Quota Share Retrocession Agreement by and betweenPlatinum Underwriters Bermuda, Ltd. and Platinum Underwriters Reinsurance, Inc.  6. Any losses in any of the European countries set forth in Article 4 below thatoccurred prior to the effective date of this Addendum.  7. Losses caused by earthquake, earthquake fire and river floods in any of theEuropean countries set forth in Article 4 below. Flood losses caused by windstorms arecovered by this Agreement.
 

 
**ARTICLE 4 — TERRITORY**Coverage applies within the territorial limits of Japan and the following European countries:Austria, Belgium, Denmark, France, Germany, Ireland, Luxembourg, Netherlands, Sweden, UnitedKingdom, Norway and Switzerland.**ARTICLE 8  — PREMIUM**The premium for this Agreement shall be a flat premium of $1,300,000 payable in two equalinstallments on April 1, 2006 and October 1, 2006, plus an additional installment of $1,300,000payable on March 1, 2007 as consideration for the European coverage provided on the effective dateof this Addendum. The total premium due with respect to this Agreement is $2,600,000.     This Agreement and all amendments thereto shall be governed by the laws of the State of New York,exclusive of its rules with respect to conflicts of laws.     All other terms and conditions of this Agreement shall remain unchanged.     IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their dulyauthorized representatives on the dates set forth below.       Platinum Underwriters Bermuda, Ltd.       By: /s/ Les Waters         Name: Les Waters    Title: Vice President    Date: March 16, 2007       Platinum Underwriters Reinsurance, Inc.       By: /s/ Kevin Marine         Name: Kevin Marine    Title: Senior Vice President    Date: March 13, 2007
 - 2 -
#### The People of the State of New York, Respondent, v Robert Brooks, Also Known as Darryl Johnson, Appellant.

[719 NYS2d 848]

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered February 5, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 4 to 12 years and 2 to 6 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Defendant’s *430reliance upon trial testimony in attacking the suppression ruling is inappropriate because defendant did not seek to reopen the hearing based upon the testimony adduced at trial *(see, People v Gonzalez,*55 NY2d 720, 721-722).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. Concur — Williams, J. P., Mazzarelli, Lerner, Rubin and Buckley, JJ.
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12458-12459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6383]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open meeting of the Area 4 Taxpayer Advocacy Panel (including the 
States of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and 
Wisconsin)

AGENCY: Internal Revenue Service (IRS) Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 4 Taxpayer Advocacy Panel will be

[[Page 12459]]

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 held Thursday, May 28, 2009, Friday, May 29, 
2009, and Saturday, May 30, 2009.

FOR FURTHER INFORMATION CONTACT: Ellen Smiley at 1-888-912-1227 or 414-
231-2360.

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 Area 4 Taxpayer Advocacy Panel will be held 
Thursday, May 28, 2009 from 1 p.m. to 5 p.m., Friday, May 29, 2009 from 
8 a.m. to 5 p.m., and Saturday, May 30, 2009 from 8 a.m. to 12 p.m. 
Central Time in Milwaukee, WI. The public is invited to make oral 
comments or submit written statements for consideration. Notification 
of intent to participate must be made with Ellen Smiley. For more 
information please contact Ms. Smiley at 1-888-912-1227 or 414-231-
2360, or write TAP Office, Stop 1006MIL, 211 West Wisconsin Avenue, 
Milwaukee, WI 53203-2221 or post comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: March 17, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-6383 Filed 3-23-09; 8:45 am]
BILLING CODE 4830-01-P
[No. 29621-7-II.

Division Two.

April 20, 2004.]

#### Construction Enterprises & Contractors, Inc., et al., *Appellants,*v. Warner Engineering, et al., *Respondents.*

Appeal from a judgment of the Superior Court for Pierce County, No. 00-2-04958-2, Sergio Armijo, J., entered October 11, 2002. *Reversed*by unpublished opinion per Armstrong, J., concurred in by Morgan, A.C.J., and Bridgewater, J.
#### The People of the State of New York, Respondent, v Vincent Williams, Appellant.

[719 NYS2d 227]

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered June 18, 1997, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The People met their burden of proving beyond a reasonable doubt *277that under the totality of the circumstances, defendant’s statements were knowingly, intelligently and voluntarily made *(see, People v Anderson,*42 NY2d 35). The burden of showing the validity of the police conduct in the first instance was on the People and once the lawfulness of that conduct was established, the burden of persuasion shifted to defendant to show that he was not mentally competent to voluntarily waive his rights *(People v Love,*57 NY2d 998). The evidence did not establish that defendant’s mental condition was such as to cast doubt on the voluntariness of his statements *(see, People v Williams,*62 NY2d 285), or on their reliability *(see, People v Schompert,*19 NY2d 300, *cert denied*384 US 874).

The court properly exercised its discretion in precluding the defense from presenting expert testimony with respect to his justification defense. Under the circumstances of the case, whether defendant acted in self-defense was within the ken of the typical juror *(see, People v Robles,*173 AD2d 337, *lv denied 78*NY2d 1014). The psychiatric evidence was offered to show that defendant’s belief that the victim was about to rob defendant of his (imaginary) hoard of valuable jewelry was a delusion. While psychiatric evidence may in some cases be relevant to the subjective component of the justification defense *(see, People v Goetz,*68 NY2d 96, 114), in this case the proffered testimony would only have been relevant to an insanity defense. However, defendant expressly waived that defense.

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Williams, Tom, Saxe and Friedman, JJ.
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 04702**  **Removed from Public**  **(Non-CBI) Docket** **1 Copyright** 

**Flag 2**  **File Name Description**  04702\04702_HardcopyLog.doc EPA log of hardcopy documents submitted x 04702\04702_Part A.xls Plant submitted survey file x 04702\04702_Part B.xls Plant submitted survey file x 04702\04702_Part C.xls Plant submitted survey file x 04702\04702_Part D.xls Plant submitted survey file x 04702\04702_Part E.xls Plant submitted survey file x 04702\04702_Part F.xls Plant submitted survey file x 04702\04702_Part G.xls Plant submitted survey file x 04702\04702_Part H.xls Plant submitted survey file

04702\Certification Statement Plant ID 04702.pdf Plant certification statement 04702\Supplemental Documents\04702_Crist 7 Dry System_part C.pdf Plant submitted supplemental files to the survey 04702\Supplemental Documents\04702_Crist FGD Pilot data 11-6-07.xlsx Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_Crist Part D Bid Proposal 1 CBI.pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_Crist Part D Bid Proposal 2 CBI.xls Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_Crist Part D Bid Proposas 3 CBI.pdf Plant submitted supplemental files to the survey

04702\Supplemental Documents\04702_Crist Part F Diagram.pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_Crist WWTP Design Part D (2).pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_Crist WWTP Design Part D.pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_ICR A12 CBI Crist Br CoBenefit Pilot Report .pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\04702_ICR A12 CBI Crist FGD Hg Chem Pilot Report .pdf Plant submitted supplemental files to the survey

04702\Supplemental Documents\04702_Map 1.pdf Plant submitted supplemental files to the survey 04702\Supplemental Documents\04702_Map 2.pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\Crist_4702_Map 3- Part f Sec 5 Well locations.pdf Plant submitted supplemental files to the survey x 04702\Supplemental Documents\Part A_D_Block diagram_Crist_4702.pdf Plant submitted supplemental files to the survey x 04702\04702_Checklist.xls EPA Technical Review Checklist Workbook

04702\04702_Completeness_Checklist.xls EPA Completeness Review Checklist

1Final reviewed survey responses are located in theSteam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
**Exhibit 32.2**

 

Certification ofCFO under Section 906 of the Sarbanes-Oxley Act of 2002

 

*Icertify that this periodic report containing the issuer’s financial statementsfully complies with the requirements of section 13(a) or 15 (d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and thatinformation contained in this periodic report fairly presents, in all materialrespects, the financial condition and results of operations of the issuer.*

 
|        | * *            | * * | *By:*                                                                            | */s/ John F. Coger* |
|--------|---------------------|----------|----------------------------------------------------------------------------------|---------------------|
|   |                |     |                                                                             |                |
|   |                |     |                                                                             |                |
|   |                |     | Executive Vice President, Chief Financial Officer  and Chief   Operating Officer |
|   |                |     |                                                                             |                |
| Date:  | August 8, 2008 |     |                                                                             |                |
|        |                     |          |                                                                                  |                     |  |

 

----
CERTIFICATION 

 

I, JOHN F. KURZ, certify that: 

 

1. I have reviewed this quarterly report on Form 10-QSB of R J Lending, Inc.; 

 

2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state amaterial 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 financialinformation 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 forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have: 

 

a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidatedsubsidiaries, 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 procedure as of a date within 90 days prior to the filing date of thisquarterly report (the “Evaluation Date”); and 

 

c)presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 

 

5. The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation, to theregistrant’s auditors and the audit 

 

committee of registrant’s board of directors (or persons performing the equivalent functions): 

 

a) all significant deficiencies in the design or operation of internalcontrols which could adversely affect the registrant’s ability to record, process, summarize and report financial data and have identified for the registrant’s auditors any material weaknesses in internal controls; and 

 

b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controls; and 

 

6. The registrant’s other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affectinternal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. 

 

Date: August 13, 2003 

 
/s/ John F. Kurz
John F. Kurz, Executive Vice President of

R J LENDING, INC.
**Exhibit
        32.2**
  **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 BMR Solutions, Inc. a Nevada corporation
        (the “Company”) on Form 10-QSB for the period ending June 30, 2007, as filed
        with the Securities and Exchange Commission on the date hereof (the “Report”),
        Marla Andre, Chief Financial Officer of the Company, certifies to the best
        of
        her knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
 
 A
        signed
        original of this written statement required by Section 906 has been provided
        to
        BMR Solutions, Inc., and will be retained by BMR Solutions, Inc. and furnished
        to the Securities and Exchange Commission or its staff upon
        request.


/s/
                Marla
                AndreMarla
                AndreChief
                Financial Officer


Date:
      August 13, 2007
Exhibit 32.1



CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002



Pursuant to 18 U.S.C. Section 1350, the
undersigned officer of Medco Health Solutions, Inc. (the Company), hereby certifies that the Companys Quarterly Report on Form 10-Q for the quarter ended June 28, 2003 (the Report) 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: September 19, 2003 |  |  |  | By:    |  | /s/ David B. Snow, Jr.                         
|------------------------ |  |  |  | ------ |  | -----------------------------------------------
|                         |  |  |  | Name:  |  | David B. Snow, Jr.                             
|                         |  |  |  | Title: |  | Chairman, President and Chief Executive Officer
[No. 29949-6-II.

Division Two.

April 6, 2004.]

#### The State of Washington, *Respondent,*v. Thomas Lynn Woodman, *Appellant.*

Appeal from a judgment of the Superior Court for Clark County, No. 02-1-01298-1, Robert L. Harris, J., entered February 6, 2003. *Affirmed*by unpublished opinion per Seinfeld, J., concurred in by Quinn-Brintnall, C.J., and Armstrong, J.
#### In the Matter of Virginia Pacheco, Appellant, v Melinda Morales et al., Respondents.

[772 NYS2d 541]

In a child custody proceeding pursuant to Family Court Act article 6, the paternal grandmother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County (Freeman, J.), dated September 30, 2002, as, after a hearing, denied her petition seeking custody of her grandson.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Many factors are involved in determining what is in the best interests of a child in a custody case *(see Eschbach v Eschbach,*56 NY2d 167, 172-173 [1982]; *Friederwitzer v Friederwitzer,*55 NY2d 89, 94 [1982], *citing Nehra v Uhlar,*43 NY2d 242 [1977]). Pursuant to Family Court Act §§ 251 and 252, one of the tools that a court may use in determining what is in the best interests of a child is a forensic evaluation of any person within its jurisdiction or the parent of any child within its jurisdiction. However, under the circumstances of this case, the court’s refusal to order a forensic evaluation of the foster mother was a provident exercise of its discretion.

The appellant’s remaining contentions are without merit. Ritter, J.P., Smith, H. Miller and Mastro, JJ., concur.
Exhibit
10.2


 


TELEPHONE
AND DATA SYSTEMS, INC.


2008
BONUS DEFERRAL FORM


 


	
  NAME

  	
   

  	
   

  	
  SOCIAL SECURITY NUMBER

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  DATE OF BIRTH

  	
   

  
						



 


Deferral election with respect to my annual
Bonus earned in 2008:


 


o                                    I hereby elect to defer, under the terms and
conditions of the TDS Bonus Deferral and Stock Unit Match Program for the 2008
Bonus Year  (the “2008 Program”) and the
Telephone and Data Systems, Inc. 2004 Long-Term Incentive Plan (the “LTIP”), as
each may be amended from time to time, the following whole percentage of my
2008 Bonus that would otherwise be paid to me in 2009 (deferral not to exceed
$400,000).


 


           %


 


DISTRIBUTION DATE ELECTION:  I
understand that my deferred 2008 Bonus and the stock unit matches thereon will
be paid upon the earlier of (i) the seventh calendar month following the
calendar month during which I separate from service and (ii) the date that I
elect herein. I elect that such deferrals and match be paid as follows (select one):


 


o            I elect to receive my deferred 2008 Bonus and
the stock unit matches thereon in a single lump sum payment in the seventh
calendar month following the calendar month during which I separate from
service.


 


-
OR -


 


o  I elect to receive my deferred
2008 Bonus and the stock unit matches thereon in a single lump sum payment in
the following month and year (which year may not be earlier than three years
after the year this election is made). If such date is earlier than January,
2012, I recognize that a portion of the company match will be lost.


 


Month
and Year:          


 


•                  I understand that my elections set forth
herein are irrevocable.


 


•                  I understand that my deferred 2008 Bonus and
the stock unit matches thereon will be recorded in accounts established in my
name on TDS’s books and records and that these accounts will be governed by the
terms of the 2008 Program and the LTIP, as each may be amended from time to
time.


 


•                  I acknowledge that my accounts under the 2008
Program will rise or decline in value equal to the earnings or losses that
would have been realized if assets in an amount equal to the balances in my
accounts were actually invested in TDS Special Common Stock.


 


•                  I acknowledge that the 2008 Program is
intended to comply with provisions of Section 409A of the Internal Revenue Code
and shall be interpreted and construed accordingly. I agree that TDS shall have
sole discretion and authority to amend such program or this 2008 Bonus Deferral
Form, unilaterally, at any time to satisfy any requirements of Section 409A of
the Internal Revenue Code or applicable guidance provided by the Treasury.


 


 




	
   

  	
   

  	
   

  
	
  Signature

  	
   

  	
  Date

  






 


Note:  This Form must be returned to the Corporate Vice President of Human
Resources on or before December 28, 2007.
**Exhibit 23**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors

Territorial Bancorp Inc.: 

Weconsent to the incorporation by reference in the registration statements No. 333-1688839 and No. 333-170579 on Form S-8 of Territorial Bancorp Inc. of our reports dated March 14, 2012, with respect to the consolidated balance sheets of TerritorialBancorp Inc. as of December 31, 2011 and 2010, and the related consolidated statements of income, stockholders’ equity and comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2011, and theeffectiveness of internal control over financial reporting as of December 31, 2011, which reports appear in the December 31, 2011 annual report on Form 10-K/A of Territorial Bancorp Inc. 

/s/ KPMG LLP 

Honolulu, Hawaii 

April 17, 2012