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


    Exhibit
      10.5

     

    FIRST
      MODIFICATION AGREEMENT OF STOCK
OPTION AGREEMENT
      RELATING TO CHARITABLE PLEDGE
      BY EXECUTIVE

    


    


    THIS
      FIRST MODIFICATION AGREEMENT, dated
      as of June 29, 2006, by and between SUN ENERGY SOLAR, INC., a Delaware
      corporation formerly known as Sologic , Inc. (the "Company"), and Carl L. SMITH,
      III ("Executive”) .

    


    Recitals

    


    A.
      The Company and Executive are parties
      to that certain Stock Option Agreement, dated as of December 21, 2005 (the
      Stock
      Option Agreement") .

    B.
      The Company and Executive desire to
      modify certain provisions of the Stock Option Agreement relating to the
      assignment provision to Executive, subject to and in accordance with the terms
      set forth in this first Modification Agreement.

    


    Agreement

    


    NOW,
      THEREFORE, in consideration of
      these premises, the mutual covenants and agreement of the parties hereunder,
      and
      for other good and valuable consideration the sufficiency and receipt of which
      are hereby acknowledged, the parties  hereby agree as follows:

    1.
      Pledge by Executive. Executive has
      agreed to pledge 25% of all his rights under the Stock Option agreement
      to appropriate charitable
      foundation of his own choosing.

    2.
      Modification of Provision 5 of Stock.
      Option Agreement titled No Assignment. It has been deemed that such a
provision may
      affect Executive's ability to
      implement. Such a pledge, therefore, the aspects limiting the assignability
      of
      this provision are now and forever removed from the agreement.

    3.
      Stock Option Agreement Remains in
      Effect. Except as expressly modified by this Agreement, the Stock Option
      Agreement remains in full force and effect.

    4.
      Governing Law. This Agreement shall
      in all respects be construed according to the laws of the State of Florida,
      including its conflict of laws principle.

    5,
      Counterparts. This Agreement may be
      executed in any number of counterparts, each of which may be executed by less
      than all of the parties to this Agreement, each of which shall be enforceable
      against the parties actually executing such counterparts, and all of which
      together shall constitute one instrument.

    IN
      WITNESS WHEREOF, the parties hereto
      have executed this Agreement as of the date first above written.

    


    Company:

    


    ____________________

    Richard
      C. Hall, President

     

    Executive:

    ____________________

    Carl
      L. Smith
Siearra Cheyenne PATTEN, Appellant/Petitioner(s), v. DEPARTMENT OF REVENUE, Appellee/Respondent(s).

CASE NO.: 2D17-0863

District Court of Appeal of Florida, Second District.

June 7, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.

Denied.
Sharon OSBURN v. Michael OSBURN

2160045

Court of Civil Appeals of Alabama.

May 5, 2017

Gwendolyn Thomas-Kennedy, Montgomery, for appellant.

J. Robert Faulk of McDowell, Faulk & McDowell, L.L.C., Prattville, for appellee.

THOMAS, Judge.

Sharon Osburn appeals from a judgment entered by the Elmore Circuit Court on May 24, 2016. Before reaching the issues presented on appeal, this court must first determine whether it has jurisdiction over this appeal. "Jurisdictional matters are of such importance that a court may take notice of them *ex mero motu*." *McMurphy v. East Bay Clothiers*, 892 So.2d 395, 397 (Ala. Civ. App. 2004). "[T]he question whether a judgment is final is a jurisdictional question." *Johnson v. Johnson*, 835 So.2d 1032, 1034 (Ala. Civ. App. 2002).

In this case, the May 24, 2016, judgment did not dispose of issues regarding child custody.1 Specifically, the judgment reads: "[T]he issue[s] of child custody, child visitation[,] and child support remain[ ] and [are] reserved to this Court pending the recommendation[s] by the Guardian ad Litem and the report of Dr. K. Hollinger."

The May 24, 2016, judgment is not final because it did not determine all the rights or liabilities of the parties but, instead, reserved the issues of child custody and support pending the occurrence of a specific event, *i.e.*, the receipt of certain recommendations. *See**Naylor v. Naylor*, 981 So.2d 440, 441 (Ala. Civ. App. 2007) (citing *Reid v. Reid*, 844 So.2d 1212, 1213-15 (Ala. Civ. App. 2002) (holding a judgment that "reserved the issue of child support pending the mother's taking an examination ... to obtain her nursing license" to be nonfinal); and *Tomlinson v. Tomlinson*, 816 So.2d 57, 58 (Ala. Civ. App. 2001) (holding a judgment that stated that child support would be determined upon submission of CS-41 forms by the parties to be nonfinal)). Because a nonfinal judgment *62will not support an appeal, we must dismiss the appeal. *See**Reid*, 844 So.2d at 1215.2

APPEAL DISMISSED.

Thompson, P.J., and Pittman, Moore, and Donaldson, JJ., concur.

1

The parties are the legal guardians of a child.

2

We have not overlooked the argument presented by Michael Osburn that, on February 22, 2017, more than four months after the notice of appeal was filed, the circuit court entered a purported final judgment. We note that, " '[o]nce an appeal is taken, the trial court loses jurisdiction to act except in matters entirely collateral to the appeal.' " *Horton v. Horton*, 822 So.2d 431, 434 (Ala. Civ. App. 2001) (quoting *Ward v. Ullery*, 412 So.2d 796, 797 (Ala. Civ. App. 1982) ). *See**also**Pike v. Reed*, 3 So.3d 201, 203 (Ala. Civ. App. 2008) (deeming an order entered after a notice of appeal from a nonfinal judgment had been filed to be a "nullity").
**Exhibit      32.1**

**Certification      of Chief Executive Officer**

**Under      Section 906 of the Sarbanes-Oxley Act of 2002**

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                February 19, 2008 | /s/                Gary J. Novinskie                           |
|-----------------------------------------|----------------------------------------------------------------|
|                                    | Gary                  J. Novinskie                             |
|                                    | Interim                  Chief Executive Officer and President |

----
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 Agriculture

###### Forest Service 

# AGENCY:

Forest Service, USDA. 

# ACTION:

Notice of meeting.

# SUMMARY:

The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on May 5, 2009 at the Tahoe Regional Planning Agency, 128 Market Street, Stateline, NV 89449. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary. 

# DATES:

The meetings will be held May 5, 2009, beginning at 12 p.m. and ending at 5 p.m. 

# ADDRESSES:

The meeting will be held at the Tahoe Regional Planning Agency, 128 Market Street, Stateline, NV 89449. 

*For Further Information or to Request an Accommodation (one week prior to meeting date) Contact:*                         Aria Hains, Lake Tahoe Basin Management Unit, Forest Service, 35 College Drive, South Lake Tahoe, CA 96150, (530) 543-2773.                     

# SUPPLEMENTARY INFORMATION:

Items to be covered on the agenda: (1) Discuss policy associated with the Federal share environmental improvement program for capital projects located on private land; (2) review and discuss public comments and congressional input on LTFAC's preliminary recommendation of Lake Tahoe Southern Nevada Public Land Management Act (SNPLMA) Round 10 capital projects and science themes, and (3) develop a final LTFAC recommendation for the Lake Tahoe SNPLMA Round 10 capital projects and science themes. 

All Lake Tahoe Basin Federal Advisory Committee meetings are open to the public. Interested citizens are encouraged to attend at the above address. Issues may be brought to the attention of the Committee during the open public comment period at the meeting or by filing written statements with the secretary for the Committee before or after the meeting. Please refer any written comments to the Lake Tahoe Basin Management Unit at the contact address stated above. 

Dated: March 26, 2009. 

Terri Marceron, 

Forest Supervisor.

[FR Doc. E9-7419 Filed 4-6-09; 8:45 am] 

BILLING CODE 3410-11-P
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting. 

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute on Aging Special Emphasis Panel; NIA Student Training.                    

*Date:*                         February 16, 2018.                    

*Time:*                         1:00 p.m. to 4:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institute on Aging, Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call).                    

*Contact Person:*                         Jeannette L. Johnson, Ph.D., National Institutes on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-402-7705,                         *johnsonj9@nia.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)

Dated: January 8, 2018.

Melanie J. Pantoja,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2018-00390 Filed 1-10-18; 8:45 am]

BILLING CODE 4140-01-P
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Henry ROODENS, Appellant, v. STATE of Florida, Appellee.

No. 4D16-2019

District Court of Appeal of Florida, Fourth District.

[January 18, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**CERTIFICATIONS****Exhibit 31.1**I, David G. Mazzella, certify that:1. I have reviewed this report on Form 10-Q of Veramark Technologies, Inc. 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in whichthis quarterly report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this quarterly report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisquarterly report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably like to materially affect, theregistrant’s internal control over financial reporting.5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of the internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performing the equivalentfunction): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting, which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.        Date:  August 10, 2007 By:  /s/David G. Mazzella    David G. Mazzella    Chairman and Chief Executive Officer   
24
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-399V

Filed: July 14, 2014

Not for Publication

*************************************

GARY R. POLING, on Behalf of J.T.P., *

*

 Petitioner, * Attorneys’ fees and costs decision based on

 * stipulation of fact

v. *

 *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 *

 Respondent. *

*

*************************************

Anne C. Toale, Sarasota, FL, for petitioner.

Traci R. Patton, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1

On July 14, 2014, the parties filed a stipulation of fact in which they agreed on an 

appropriate amount for attorneys’ fees and costs in this case. 

Petitioner submitted his request for attorneys’ fees and costs to respondent. During 

informal discussions, respondent raised objections to certain items in petitioner’s application. 

Based on these objections, petitioner amends his application for attorneys’ fees and costs to 

$26,472.37, consisting of $23,572.37 in attorneys’ fees and costs and $2,900.00 in petitioner’s 

 

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made 

available to the public unless they contain trade secrets or commercial or financial information that is 

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly 

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and 

move to redact such information prior to the document=s disclosure. If the special master, upon review, 

agrees that the identified material fits within the banned categories listed above, the special master shall 

redact such material from public access.
2

costs. Respondent does not object to this amount. The undersigned finds this amount to be 

reasonable. Accordingly, the court awards:

a. $23,572.37, representing reimbursement for attorneys’ fees and costs. The award 

shall be in the form of a check payable jointly to petitioner and Maglio, Christopher & 

Toale, P.A., in the amount of $23,572.37.

b. $2,900.00, representing costs petitioner incurred in pursuit of his petition. The award 

shall be in the form of a check payable to petitioner in the amount of $2,900.00.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the 

court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: July 14, 2014 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
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

In connection with the Quarterly Report of NPC International, Inc. (the Company) on Form 10-Q for the period ended September 23, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, James K. Schwartz, President, Chief Executive Officer and Chief Operating Officer of NPC International, Inc., certify, pursuant to 18 U.S.C. § 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 7, 2008



/s/ James K. SchwartzJames K. SchwartzPresident, Chief Executive Officer and Chief
Operating Officer
##### 



Exhibit 31.2
 CERTIFICATION OF CFO PURSUANT TO SECURITIES ACT
RULES 13A-14 AND 15D-14 AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Del Taco Restaurant Properties II;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
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 have:
 a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in which
this report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andc)
    
    disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, 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 and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal controls over financial
reporting.
 Date: November 14, 2005
    /s/ Robert J. TerranoRobert J. TerranoExecutive Vice President,
Chief Financial Officer