alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w1



 





Exhibit 10.1




THIRD AMENDMENT TO EMPLOYMENT AGREEMENT




     This Third Amendment to Employment Agreement (this “Third Amendment”) is made and entered into
as of the 21st day of December, 2007, by and between Cadence Design Systems, Inc. (“Cadence”) and
Michael J. Fister (“Executive”).



W I T N E S S E T H:




     WHEREAS, Cadence and Executive have entered into that certain Employment Agreement effective
May 12, 2004 (the “Original Agreement”);



     WHEREAS, Cadence and Executive have entered into that certain Amendment to Employment
Agreement effective May 17, 2005 (the “First Amendment”) and that certain Second Amendment to
Employment Agreement effective May 17, 2007 (the “Second Amendment”);



     WHEREAS, the Original Agreement, as amended by the First Amendment and the Second Amendment,
is hereinafter referred to as the “Agreement”; and



     WHEREAS, Cadence and Executive desire to amend the Agreement as more particularly set forth
herein.



     NOW, THEREFORE, for and in consideration of the premises, the mutual covenants and agreements
herein set forth, and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do
hereby covenant and agree as follows:



     1.     Relocation Benefits. Section 3(c)(ii) of the Agreement is hereby modified by
deleting the date “December 31, 2007” and inserting in lieu thereof the following: “the



 









 




earlier of (A) December 31, 2008, or (B) the later closing date of the sale of each of Mr. Fister’s
two (2) private residences in Lake Oswego, Oregon”.




     2.     Ratification.
The Agreement, as modified by this Third Amendment, is hereby
ratified and confirmed by Cadence and Executive.



     IN WITNESS WHEREOF, the undersigned have caused this Third Amendment to be executed and
delivered as of the date first above written.



CADENCE DESIGN SYSTEMS, INC.




	 	 	 	 	 	 	 
	By:

	 	/s/ R.L. Smith McKeithen
	 	 	 	/s/ Michael J. Fister
	 

	 	 
	 	 	 	 
	Name:

	 	R.L. Smith McKeithen
	 	 	 	Michael J. Fister
	Title:

	 	Senior Vice President & General Counsel	 	 	 	 







- 2 -
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-1548

_____________________________

STACIE J. HAWKINS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Suwannee County.

Paul S. Bryan, Judge.

May 7, 2018

PER CURIAM.

AFFIRMED.

LEWIS, ROBERTS, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant 

Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Daniel D. BROWN, Appellant, v. STATE of Missouri, Respondent.

WD 81336

Missouri Court of Appeals, Western District.

ORDER FILED: March 5, 2019

Damien De Loyola, Kansas City, MO, for appellant.

Daniel N. McPherson, Jefferson City, MO, for respondent.

Before Division Two: Edward R. Ardini, Jr., Presiding Judge, Alok Ahuja, Judge and Gary D. Witt, Judge

**ORDER**

Per curiam:

Daniel Dumond Brown, Sr. ("Brown") appeals a motion court's denial, after an evidentiary hearing, of his Rule 29.15 post-conviction claim of ineffective assistance of counsel. The jury convicted him of two counts of robbery in the first degree under section 569.020, and two counts of armed criminal action under section 571.015. Brown was sentenced to twenty-five years in prison for each count, with Count II running consecutive to Count I and Counts III and IV running concurrent to Count II. Brown argues that the motion court clearly erred in denying his Rule 29.15 motion because trial counsel failed to zealously advocate for a continuance of the trial to allow him to effectively represent himself. For reasons explained more fully in a *561memorandum to the parties, we affirm. Rule 84.16(b).
Marcus Wayne HICKS, Appellant, v. STATE of Florida, Appellee.

No. 4D16-3403

District Court of Appeal of Florida, Fourth District.

[November 30, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Page 405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28366]


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

POSTAL SERVICE


Product Change--Priority Mail Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 27, 2017, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Contract 409 to Competitive Product 
List. Documents are available at www.prc.gov, Docket Nos. MC2018-104, 
CP2018-146.

Elizabeth A. Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2017-28366 Filed 1-2-18; 8:45 am]
 BILLING CODE 7710-12-P
BILL OF COSTS

TEXAS COURT OF APPEALS, SEVENTH DISTRICT, AT AMARILLO

No. 07-13-00184-CV

Reidie James Jackson

v.

David Ellis, et al

(No. 101260-C IN 251ST DISTRICT COURT OF POTTER COUNTY)

Type of Fee Charges Paid By

Supreme Court chapter 51 fee

Indigent

Filing $50.00

$25.00

$100.00 INDIGENT

INDIGENT

INDIGENT Reidie Jackson

Reidie Jackson

Reidie Jackson

Balance of costs owing to the Seventh Court of Appeals, Amarillo, Texas: $175.00

Court costs in this cause shall be paid as per

the Judgment issued by this Court.

I, VIVIAN LONG, CLERK OF THE SEVENTH COURT OF APPEALS OF THE

STATE OF TEXAS, do hereby certify that the above and foregoing is a true and correct copy of

the cost bill of THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS,

showing the charges and payments, in the above numbered and styled cause, as the same appears

of record in this office.

IN TESTIMONY WHEREOF, witness my hand

and the Seal of the COURT OF APPEALS for the

Seventh District of Texas on August 24, 2015

.



# Vivian Long

VIVIAN LONG, CLERK
f8k121907ex10ii_globalwat.htm


    AMENDMENT
      TO THE REGISTRATION RIGHTS AGREEMENT

    


    


    This
      Amendment to the Investment Agreement is made as of the 18th day of DECEMBER
      2007.

    


              BETWEEN

    


         GLOBAL
      WATAIRE, A NEVADA CORPORATION (THE "COMPANY")

    


              AND

    


         DUTCHESS
      PRIVATE EQUITIES FUND, LTD. (THE "INVESTOR")

    


    WHEREAS,
      THE COMPANY AND THE INVESTOR DESIRE TO AMEND THE REGISTRATION RIGHTS AGREEMENT
      DATED AUGUST 24, 2007.

    


    WHEREAS,
      THE COMPANY AND THE INVESTOR DESIRE TO AMEND THE REGISTRATION RIGHTS AGREEMENT
      TO REMOVE LANGUAGE REGARDING THE REQUIREMENT THAT THE COMPANY INCORPORATE A
      PROSPECTUS SUPPLEMENT OR POST-EFFECTIVE AMENDMENT UPON A REQUEST BY THE
      INVESTOR.

    


    NOW,
      THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THIS AMENDMENT
      TO THE REGISTRATION RIGHTS AGREEMENT, AND FOR OTHER GOOD AND VALUABLE
      CONSIDERATION (THE RECEIPT AND ADEQUACY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
      COMPANY AND THE INVESTOR AGREE AS FOLLOWS:

    


         1)   SECTION
      3(M) SHALL BE REMOVED.

    


    
      	
               

            	
                   2)   ALL
                TERMS WITHIN SECTION 3 OF THE REGISTRATION RIGHTS AGREEMENT SHALL
                BE
                ADJUSTED TO REFLECT THE APPROPRIATE REFERENCE SECTION.
                

            


    

    


    
      	
               

            	
                   3)   ALL
                OTHER TERMS OF THE INVESTMENT AGREEMENT SHALL REMAIN IN FULL FORCE
                AND
                EFFECT. 

            


    

    


    


    


                                                     GLOBAL
      WATAIRE INC.

    


                                                 BY:
      /S/ SYDNEY
      HARLAND     

                                                       
      SYDNEY HARLAND, C.E.O.

    


                                                     DUTCHESS
      PRIVATE

                                                     EQUITIES
      FUND, LTD.

    


                                                 BY: /S/ TED
      SMITH                     

                                                         TITLE:
      DIRECTOR
Eliot Atlee HOFF v. CITY OF NORTHPORT

CR-15-1028

Court of Criminal Appeals of Alabama.

October 14, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
#### Joseph SHANE v. Thomas BARGER and Commercial Casualty Insurance Company, Garnishee-Appellant.

No. 8130.

Circuit Court of Appeals, Third Circuit.

Argued Nov. 5, 1942.

Decided Nov. 12, 1942.

Samuel S. Herman, of Philadelphia, Pa, (George L. Cogan, of Philadelphia, Pa., on the brief), for appellant.

Langdon W. Harris, Jr., of Philadelphia, Pa. (Harris, Hammond and Harris, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

PER CURIAM.

The judgment of the court below 48 F. Supp. 151, is affirmed.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5391 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5391

   To amend title 10, United States Code, to provide eligibility for 
certain additional dependent children for annuities under the military 
                         Survivor Benefit Plan.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2006

   Mr. Chabot (for himself, Mr. Moran of Virginia, Mrs. Schmidt, Mr. 
    Foley, Mr. Tom Davis of Virginia, and Mr. Wolf) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
   To amend title 10, United States Code, to provide eligibility for 
certain additional dependent children for annuities under the military 
                         Survivor Benefit Plan.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Benjamin Moore Surviving Military 
Spouses' and Children's Equitable Relief Act''.

SEC. 2. ELIGIBILITY FOR CERTAIN ADDITIONAL DEPENDENT CHILDREN FOR 
              ANNUITIES UNDER MILITARY SURVIVOR BENEFIT PLAN.

    (a) Equity for All Deaths From Beginning of Operation Enduring 
Freedom.--Paragraph (2)(B) of section 1448(d) of title 10, United 
States Code, is amended by striking ``who dies after November 23, 
2003'' and inserting ``who dies after October 7, 2001''.
    (b) Effective Date.--Any annuity payable to a dependent child under 
subchapter II of chapter 73 of title 10, United States Code, by reason 
of the amendment made by subsection (a) shall apply with respect to 
payments only for months beginning on or after the date of the 
enactment of this Act.
                                 <all>
```
EXHIBIT
32.1





CERTIFICATION





Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and
(b) of Section
1350, Chapter 63 of Title 18, United States Code)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of Asia Global Holdings Corp., a Nevada corporation (the
"Company"), does hereby certify, to such officer's knowledge, that:





The
Report on Form 10-Q for the period ended March 31, 2010 (the "Form 10-Q") of the
Company fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and information contained in the Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of the Company.





A signed
original of this written statement required by Section 906 has been provided to
Asia Global Holdings Corp. and will be retained by Asia Global Holdings Corp.
and furnished to the Securities and Exchange Commission or its staff upon
request.




Date:
      May 12, 2010
              /s/
      Ping-Shun LaiPing-Shun
      Lai, Chief Executive Officer
CERTIFICATION OF PERIODIC REPORT



I, Robert Klein, President and Chief Executive Officer of Avalon Energy

Corporation Ltd. a Nevada Corporation (the "Company"), certify, pursuant to Section 302 of the Sarbanes- Oxley Act of 2002, 18 U.S.C. Section 1350, that:



1.      I have reviewed this quarterly report on Form 10-QSB for the period ended June 30, 2006 of Avalon Energy Corporation;



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



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



4.      The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a - 14 and 15d - 14) for the registrant and we have:



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



b.      evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within June 30, 2005 prior to the filing date of this quarterly 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 the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):



a.      All significant deficiencies in the design or operation of internal controls 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 other employees 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 affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



Date:August 14, 2006





/s/ Robert Klein

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

Robert Klein

President and Chief Executive Officer
Robert T. WILSON, Sr., et al., Appellant/Petitioner(s), v. FEDERAL NAT'L MTG CORP, Appellee/Respondent(s).

CASE NO.: 2D17-1872

District Court of Appeal of Florida, Second District.

June 29, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
##### 



Exhibit 32.1 CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, James E. Hogue, as Chairman of the Board and Chief Executive Officer of
Wiltex A, Inc., (the Company) certify, pursuant to 18 U.S.C. Section 1350, as
adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 1. the accompanying Form 10-QSB report for the period ending June 30, 2004 as
filed with the U. S. Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and 2. the information contained in the report fairly presents, in all material
respects, the financial condition and results of operations of the company. By:
    /s/ JAMES E. HOGUEJames E. HogueChairman of the Board and
Chief Executive Officer
(Principal Executive Officer) Date: September 8, 2004
Exhibit 32.1  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Environmental Energy Services, Inc., a Delaware corporation (the "Company"), does hereby certify, to the best of his knowledge, that:  1.     The Quarterly Report on Form 10-QSB/A for the period ending September 30, 2006 (the "Report") of the Company complies in all material respects with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  2.     The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ A. Leon Blaser  A. Leon Blaser, Chief Executive Officer  Date:  July 24, 2008
Notification of the Interim Final FIP – Signed by Lisa Jackson , Notification of the Interim Final FIP – Signed by Lisa Jackson ,EPA 

Administrator

40CFR Part CFR Part CFR Part49 – Federal Implementation Plan for Oil and Natural Gas 

Production Facilities , Production Facilities ,Fort Berthold Indian Reservation Fort Berthold Indian Reservation Fort Berthold Indian Reservation (Mandan,Hidatsa and Hidatsa and Hidatsa and 

Arikara Nations , Arikara Nations,or MHA Nation or MHA Nation or MHA Nation ),North Dakota North Dakota North Dakota . (as defined in § as defined in § as defined in § 49.152

Carl Daly Carl Daly to: Eric.dady 08/02/2012 11:16 AM

Cc: Craig.brown, Dan.ryan, Deirdre Rothery, Kate Fay, Sara Laumann

This message is digitally signed.

Mr. Dady,

This email is to inform you that Lisa Jackson, Administrator of the United States Environmental Protection 

Agency, has signed an interim final rule “Federal Implementation Plan for Oil and Natural Gas Federal Implementation Plan for Oil and Natural Gas Federal Implementation Plan for Oil and Natural Gas 

Production Facilities , Production Facilities ,Fort Berthold Indian Reservation Fort Berthold Indian Reservation Fort Berthold Indian Reservation (Mandan,Hidatsa and Arikara Nations Hidatsa and Arikara Nations Hidatsa and Arikara Nations ,or MHA 

Nation) Nation),North Dakota North Dakota North Dakota ,”(Fort Berthold Oil and Gas FIP)a federal rule that applies to oil and gas 

operations producing from the Bakken Pool on the Fort Berthold Indian Reservation in North Dakota . 

The FIP requires owners and operators of oil and natural gas production facilities to reduce emissions of 

volatile organic compounds emanating from well completions , recompletions, and production and storage 

operations. The agency proposed a Reservation-specific FIP concurrently with this interim final rule .

Please find, attached, a copy of the notification sent by certified mail to the primary contact for QEP 

Resources:

QEP_Actual Notice of FIP Letter 8-1-12.pdf

And a copy of the interim final rule:

Fort Berthold FIP NFR_8-1-12 (interim final rule) for ACTUAL NOTICE LETTERS.pdf

If you have any questions regarding this matter, please feel free to contact me or Deirdre Rothery, Chief 

Air Permitting, Monitoring and Modeling Unit at rothery.deirdre@epa.gov or 303-312-6431.

Thank you,

Carl Daly, Director, Air Program

303-312-6416
STATE of Missouri, Respondent, v. Will FRAZIER, Appellant.

No. ED 105756

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: June 12, 2018

Nathan J. Aquino, P.O. Box 899, Jefferson City, MO 65102, For Plaintiff/Respondent.

Casey A. Taylor, 1000 W. Nifong Bldg. 7 Ste. 100, Jefferson City, MO 65102, For Defendant/Appellant.

Before Colleen Dolan, P.J., Mary K. Hoff, J., and Lawrence E. Mooney, J.

***ORDER***

PER CURIAM.

Will Frazier ("Defendant") appeals his conviction of one count of assault in the second degree in violation of § 565.060. In his sole point, Defendant claims the trial court abused its discretion in overruling Defendant's objection and in admitting Danny Stratton's ("Victim's") testimony at trial that an unidentified woman screamed "stop hitting him" or "stop kicking him" while Defendant was in a physical altercation with Victim. Defendant argues the woman's statement was inadmissible hearsay and the statement was testimonial in nature, thereby violating his constitutional rights to due process, a fair trial, and to confront the witnesses against him. We find the unidentified woman's statement was admissible as an excited utterance. We also find the woman's statement was not testimonial. Accordingly, we affirm the judgment of the trial court.

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 30.25(b).