alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10_18.htm











Exhibit 10.18







AMENDMENT TO CHANGE OF CONTROL AGREEMENT












THIS AMENDMENT TO CHANGE OF CONTROL AGREEMENT (“Amendment”) is made and entered into as of the 2nd day of May, 2008, by and between ARI NETWORK SERVICES, INC., a Wisconsin corporation (the “Company”), and ROY W. OLIVIER (“Employee”).


 


W I T N E S S E T H:


 


WHEREAS, the parties hereto have previously executed and agreed to the terms of that certain Change of Control Agreement dated as of September 13, 2006, between the parties hereto (the “Change of Control Agreement”); and


 


WHEREAS, the parties hereto desire to amend the Change of Control Agreement as set forth herein.


 


NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:


 


1.         First Recital.  The parties mutually agree that the first recital of the Change of Control Agreement is hereby amended and restated as follows:


 


“WHEREAS, the Employee has been employed by the Company since September 12, 2006, and currently serves as its President and Chief Executive Officer; and”


 


2.         Second Recital.  The parties mutually agree that the second recital of the Change of Control Agreement is hereby amended and restated as follows:


         


“WHEREAS, the Board of Directors of the Company has determined that it wishes to assure the continued availability of the Employee as President and Chief Executive Officer of the Company by entering into this Change of Control Agreement (the “Agreement”); and”


 


3.         Definition of Good Reason.  The parties mutually agree that Subsection 1(e)(i) of the Change of Control Agreement is hereby amended and restated as follows:


 


“(i)  a material diminution of or interference with the Employee’s duties and responsibilities as President and Chief Executive Officer of the Company, including, but not limited to, a material demotion of the Employee, a material reduction in the number or seniority of other Company personnel reporting to the Employee, or a material reduction in the frequency with which, or in the nature of the matters with respect to which, such personnel are to report to the Employee;”


 




  





  











  






 


4.         No Other Changes.  Except as specifically amended herein, the Change of Control Agreement shall remain in full force and effect.


 


IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day, month and year first above written.


 




	 	
ARI NETWORK SERVICES, INC.


	 	 	 
	
 

	
By:  

	/s/ Brian E. Dearing
	 	 	
Brian E. Dearing, Chief Executive Officer and Chairman of the Board


	 	 	 
	 	EMPLOYEE:
	 	 
	 	/s/ Roy W. Olivier
	 	Roy W. Olivier
##### 



Exhibit 31.1Section 302 Certification I, Ellen Z. Lamale, certify that: I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containing
distribution or servicing reports filed in respect of period included in the year covered by
this annual report, of Principal Life Income Fundings Trust 2004-57;  1.
    Based on my knowledge, the information in these reports, taken as a whole, 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 as of the last day of the period covered by this annual report;  2.
    Based on my knowledge, the distribution or servicing information required to be provided to
the depositor by the trustee under the pooling and servicing, or similar agreement, for
inclusion in these reports is included in these reports;  3.
    I am responsible for reviewing the activities performed by the depositor and the trustee
under the pooling and servicing, or similar agreement, and based upon my knowledge and the
annual compliance review required under that agreement, and except as disclosed in the
reports, the depositor and trustee have each fulfilled its obligations under that agreement;
and  4.
    The reports disclose all significant deficiencies relating to the compliance by the trustee
and the depositor with the minimum servicing or similar standards based upon the report
provided by an independent public accountant, after conducting a review in compliance with the
Uniform Single Attestation Program for Mortgage Bankers or similar procedures, as set forth in
the pooling and servicing, or similar agreements, that is included in these reports. In giving the certifications above, I have reasonably relied on information provided to me by the
following unaffiliated parties: Ernst and Young and Citibank, N.A. Date: March 29, 2005 By: /s/ Ellen Z. Lamale
Name: Ellen Z. Lamale
Title: Senior Vice President and Chief Actuary
EXHIBIT 31.2

CERTIFICATION PURSUANT TO RULE 13a-14(a) OF THE SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY
ACT OF 2002

I, Andrew T. Drechsler, Chief Financial Officer of Valera Pharmaceuticals, Inc. certify that:

1. I have reviewed this Annual Report on Form 10-K of Valera Pharmaceuticals, Inc.;

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 officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) 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; and

(c) 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 the registrants board of directors (or persons performing the equivalent functions):

(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; and

(b) Any fraud, whether or not
material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

Date: February 22, 2007



|                       
|-----------------------
|/s/ Andrew T. Drechsler
|Andrew T. Drechsler    
|Chief Financial Officer
EXHIBIT 31.1 - SECTION 302 CERTIFICATION



                                  CERTIFICATION



I, Kenneth McCullum, certify that:


1.       I have reviewed this annual report on Form 10-K, and all reports on
         Form 8-K containing distribution or servicing reports filed in respect
         of the periods included in the year covered by this annual report of
         Hartford Life Global Funding Trust 2004-001;

2.       Based on my knowledge, the information in these reports, taken as a
         whole, 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 as of the last day of the period covered by this annual
         report;

3.       Based on my knowledge, the distribution or servicing information
         required to be provided to the depositor by the trustee under the
         pooling and servicing, or similar agreement, for inclusion in these
         reports is included in these reports;

4.       I am responsible for reviewing the activities performed by the
         depositor and the trustee under the pooling and servicing, or similar
         agreement, and based upon my knowledge and the annual compliance review
         required under that agreement, and except as disclosed in the reports,
         the depositor and trustee have each fulfilled its obligations under
         that agreement; and

5.       The reports disclose all significant deficiencies relating to the
         trustee's or depositor's compliance with the minimum servicing or
         similar standards based upon the report provided by an independent
         public accountant, after conducting a review in compliance with the
         Uniform Single Attestation Program for Mortgage Bankers or similar
         procedure, as set forth in the pooling and servicing, or similar
         agreements, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties:

                  JPMorgan Chase Bank, N.A. and its officers and agents



Date: August 9, 2005

/s/ Kenneth McCullum

Kenneth McCullum
Vice President & Actuary
Hartford Life Insurance Company, as depositor
INITIAL REVIEW ENGINEERING REPORT

PMN: 15-0306 

Post-Focus Draft Revision 1 3/26/2015

 

ENGINEER: Prothero \ DDB 

 

 

 

 

 

 

 

 

SAT (concerns) (03/10/2015):

Analogs: 

Related Cases and Misc SAT Info: 

Migration to groundwater: Moderate 

PBT rating: P2B1T2 
Health: 2 Dermal, Drinking Water, Inhalation 

Eco: 2 Water (All releases to water with a CC = 13 ppb), XB Testing 

(Testing desired) 
OCCUPATIONAL EXPOSURE RATING: 0-1

NOTES & KEY ASSUMPTIONS: 

Generated by the 09/30/2013 version of ChemSTEER. 

 

POLLUTION PREVENTION CONSIDERATIONS:

EXPOSURE-BASED REVIEW: Yes (0 criteria met) 

1) # of workers exposed: 1 >1000? No

2) >100 workers with >10 mg/day inhalation exposure: No

3) (a) >100 workers w/1-10 mg/day inh. exp. & >100 days/yr: No

 (b) Routine Dermal Cont: >250 workers & >100 days/yr: No

 
INITIAL REVIEW ENGINEERING REPORT

PMN: 15-0306
Exhibit 99

                              Form of Certification

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

      In connection with the Annual Report on Form 10-K of NovaMed Eyecare, Inc.
(the "Company") for the year ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Stephen
J. Winjum, Chief Executive Officer of the Company, certify, 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.

/s/ Stephen J. Winjum
-----------------------
Stephen J. Winjum
Chief Executive Officer
April 14, 2003

      In connection with the Annual Report on Form 10-K of NovaMed Eyecare, Inc.
(the "Company") for the year ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Scott
T. Macomber, Chief Financial Officer of the Company, certify, 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.

/s/ Scott T. Macomber
-----------------------
Scott T. Macomber
Chief Financial Officer
April 14, 2003
**
**Exhibit 23.1**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We have issued our report dated May 20, 2019, with respect to the consolidated financial statements included in the Annual Report of pdvWireless, Inc. onForm 10-K for the year ended March 31, 2019. We consent to the incorporation by reference of said report in the Registration Statements of pdvWireless, Inc. on FormS-3 (File No. 333-230847) and on Forms S-8 (No. 333-229565,No. 333-222890,No. 333-215934,No. 333-209543 and No. 333-201699).

/s/ GRANT THORNTON LLP 

New York, New York 

July 15, 2019 
**
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SOUTHWEST CONVENIENCE STORES,

LLC, D/B/A 7

- ELEVEN #655, ALON USA,

LP, DELEK US HOLDINGS, INC. D/B/A

DELEK US, AND JORGE MEZA

Appellant s

,

v.

REMIN IGLESIAS ON BEHALF OF THE

ESTATE OF ARBIN IGLESIAS,

DECEASED, CARLOS ROLANDO

IGLESIAS CANO AND BLANCA

MANUELA HOLGUIN GOMEZ,

INDIVIDUALLY AND AS WRONGFUL

DEATH BENEFICIARIES OF ARBIN

IGLESIAS

,

Appellee s

. §

§

§

§

§ No. 08

- 21

- 00055

- C V

Appeal from the

327th Judicial Distri ct Court

of El Paso County, Texas

(TC# 2019DCV1975)

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the

judgment. We therefore reverse the judgment of the court below and remand the cause for further

proceedings in accordance with this Court’s opinion. We further order that Appellant recover from

Appellee all costs of this appeal, for which let execution issue. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 29TH DA Y OF NOVEMBER, 2022.____________________________ ROY B. F ERGUSON

, Ju dg e

Before Rodriguez , C.J., and Alley, J. , and Ferguson, Judge

Ferguson, Judge, sitting by assignment
<TABLE> <S> <C>

     <ARTICLE>                  5
       
<S>                           <C>                <C>    

<PERIOD-TYPE>                         3-MOS             9-MOS

<FISCAL-YEAR-END>               Mar-31-1999       Mar-31-1999
<PERIOD-START>                  Oct-01-1998       Apr-01-1998
<PERIOD-END>                    Dec-31-1998       Dec-31-1998 
<CASH>                             345,892                  0   
<SECURITIES>                             0                  0
<RECEIVABLES>                    2,978,814                  0     
<ALLOWANCES>                        95,249                  0
<INVENTORY>                      2,036,567                  0     
<CURRENT-ASSETS>                 6,005,093                  0
<PP&E>                           1,278,438                  0
<DEPRECIATION>                    (585,015)                 0               
<TOTAL-ASSETS>                   9,259,000                  0
<CURRENT-LIABILITIES>            3,440,406                  0
<BONDS>                                  0                  0
<COMMON>                             6,652                  0
<PREFERRED-MANDATORY>                    0                  0
<PREFERRED>                              0                  0
<OTHER-SE>                       5,263,054                  0
<TOTAL-LIABILITY-AND-EQUITY>     8,939,509                  0
<SALES>                          3,273,701          9,451,604
<TOTAL-REVENUES>                 3,273,701          9,451,604
<CGS>                            1,372,154          3,436,590
<TOTAL-COSTS>                    1,721,258          5,441,474
<OTHER-EXPENSES>                         0                  0
<LOSS-PROVISION>                         0                  0
<INTEREST-EXPENSE>                 (25,445)           (55,725)
<INCOME-PRETAX>                    154,844            552,954
<INCOME-TAX>                        59,259            207,850
<INCOME-CONTINUING>                 95,585            345,104
<DISCONTINUED>                           0                  0
<EXTRAORDINARY>                          0                  0
<CHANGES>                                0                  0
<NET-INCOME>                        95,585            345,104
<EPS-PRIMARY>                         0.02               0.06
<EPS-DILUTED>                         0.02               0.05
        

</TABLE>
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 14, 2016

NO. 03-15-00455-CV

Scott P. Ogle, Appellant

v.

Maeli Hector, a/k/a Maeli Arellano, a/k/a Maeli Johnson, Appellee

APPEAL FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON, AND BOURLAND

DISMISSED FOR WANT OF JURISDICTION -- OPINION BY JUSTICE PURYEAR

DISSENTING OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment signed by the trial court on July 6, 2015. Having reviewed 

the record, it appears that the Court lacks jurisdiction over the appeal. Therefore, the Court 

dismisses the appeal for want of jurisdiction. Appellant shall pay all costs relating to this appeal, 

both in this Court and the court below.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2743 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2743

 To suspend temporarily the duty on knitted or crocheted fabrics of a 
   width exceeding 30 cm, containing by weight 5 percent or more of 
           elastomeric yarn but not containing rubber thread.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on knitted or crocheted fabrics of a 
   width exceeding 30 cm, containing by weight 5 percent or more of 
           elastomeric yarn but not containing rubber thread.

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

SECTION 1. KNITTED OR CROCHETED FABRICS OF A WIDTH EXCEEDING 30 CM, 
              CONTAINING BY WEIGHT 5 PERCENT OR MORE OF ELASTOMERIC 
              YARN BUT NOT CONTAINING RUBBER THREAD.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00        Knitted or          Free            No change      No change      On or before     ''.
                          crocheted fabrics                                                 12/31/2015
                          of a width
                          exceeding 30 cm,
                          containing by
                          weight 5 percent
                          or more of
                          elastomeric yarn
                          but not
                          containing rubber
                          thread (provided
                          for in subheading
                          6004.10.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2625 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2625

      To extend the temporary suspension of duty on Cyproconazole.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

 Mr. Nelson of Nebraska introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To extend the temporary suspension of duty on Cyproconazole.

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

SECTION 1. CYPROCONAZOLE.

    (a) In General.--Heading 9902.12.59 of the Harmonized Tariff 
Schedule of the United States (relating to Cyproconazole) is amended by 
striking the date in the effective period column and inserting ``12/31/
2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 32.1



SECTION 1350 CERTIFICATION

(Chief Executive Officer)





In connection with the quarterly report of Clacendix, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2008 as filed with the Securities and Exchange Commission (the Report), I, Norman E. Corn, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



(1)  the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.





Date:          August 13, 2008

By: /s/ Norman E. Corn



Norman E. Corn

Chief Executive Officer







A signed original of this written statement required by section 906 has been provided to Clacendix, Inc. and will be retained by Clacendix, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.