alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# L_2004239EN.01003501.xml

| 9.7.2004 | EN | Official Journal of the European Union | L 239/35 |
| --- | --- | --- | --- |

9.7.2004

EN

Official Journal of the European Union

L 239/35

---

POLITICAL AND SECURITY COMMITTEE DECISION THEMIS/1/2004

of 30 June 2004

concerning the appointment of the Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS

(2004/540/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union and in particular Article 25(3) thereof,

Having regard to Council Joint Action 2004/523/CFSP of 28 June 2004 on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS (1), and in particular Article 9(1) thereof,

Whereas:

| (1) | Article 9(1) of Joint Action 2004/523/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission. |
| --- | --- |

(1)

Article 9(1) of Joint Action 2004/523/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

| (2) | The Secretary-General/High Representative has proposed the appointment of Ms Sylvie PANTZ, |
| --- | --- |

(2)

The Secretary-General/High Representative has proposed the appointment of Ms Sylvie PANTZ,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Sylvie PANTZ is hereby appointed Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS.

Article 2

This Decision shall take effect on the day of its adoption.

It shall apply until 14 July 2005.

Done at Brussels, 30 June 2004.

For the Political and Security Committee

The President

D. KELLEHER

---

(1)  
  OJ L 228, 29.6.2004, p. 21.

1

---
Exhibit 10.12.A


 


Amendment

to

The AES Corporation 2001 Stock Option Plan

and


The AES Corporation 2001
Non-Officer Stock Option Plan


 


Pursuant
to the authority granted to the undersigned by the Board of Directors of The
AES Corporation, The AES Corporation 2001 Stock Option Plan and The AES
Corporation 2001 Non-Officer Stock Option Plan (collectively the “Plan”) is
hereby amended by adding the following provision to the end of Article I of the
Plan:


 


“Notwithstanding anything to the contrary contained
herein and with respect to Options that were earned and vested under the Plan
prior to January 1, 2005 (as determined under Section 409A, “Grandfathered
Options”), such Grandfathered Options are intended to be exempt from Section 409A
and shall be administered and interpreted in a manner intended to ensure that
any Grandfathered Options remains exempt from Section 409A.  No amendments or other modifications shall be
made to such Grandfathered Options except as specifically set forth in a
separate writing thereto, and no amendment or modification to the Plan shall be
interpreted or construed in a manner that would cause a material modification
(within the meaning of Section 409A, including Treas. Reg. §
1.409A-6(a)(4)) to any such Grandfathered Options.  For purposes of the Plan, “Section 409A”
shall mean Section 409A of the Internal Revenue Code of 1986, as amended,
the regulations and other binding guidance promulgated thereunder.


 


Notwithstanding the foregoing or any
provision of the Plan or Option to the contrary: (i) the Board of
Directors may at any time (without the consent of any Optionee) modify or amend
the provisions of this Plan or an Option to the extent necessary to conform the
provisions of the Plan or an Option with Section 409A or an exception
thereto, regardless of whether such modification or amendment of the Plan or
Option shall adversely affect the rights of an Optionee; (ii) if any
Option awarded under the Plan is subject to the provisions of Section 409A,
the provisions of the Plan and any applicable Option will be administered,
interpreted and construed in a manner necessary to comply with Section 409A
or an exception thereto (or disregarded to the extent such provision cannot be
so administered, interpreted, or construed). 
  In no event shall any member of the Board of Directors or the
Company (or its employees, officers, directors or affiliates) have any
liability to any Plan participant (or any other person) due to the failure of
the Plan or an Option to satisfy the requirements of Section 409A.


 


This
amendment has been duly executed by the undersigned and is effective this 13th
day of March 2008.


 


	
   

  	
  The
  AES Corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/

  
	
   

  	
   

  	
  Jay
  L. Kloosterboer, Executive Vice

  
	
   

  	
   

  	
  President,
  Business Excellence
EXHIBIT 32

| |  |  |  | CERTIFICATION |  | OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL 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 on Form 10-QSB of Asia4Sale.com, Inc., (Registrant) for the quarterly period ended June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (Report), I, Eric Montandon, chief executive officer and chief financial officer, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

|(1) |  | This Report complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- |  | ----------------------------------------------------------------------------------------------------------------

|(2) |  | The information contained in this Report fairly represents, in all material respects, the financial condition of Registrant at the end of the period covered by this Report and results of operations of Registrant for the period covered by this Report.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Eric Montandon

Eric Montandon

Chief Executive Officer and Chief Financial Officer

January 27, 2006

This certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for the purposes of §18 of the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this Report), irrespective of any general incorporation language contained in such filing.

A signed original of this written statement required by §906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
Consent
of Independent Registered Public Accounting Firm
  
 We
consent to the inclusion in this Annual Report on Form 10-K of our report dated
March 12, 2010 on our audits of the consolidated balance sheets of China Housing
& Land Development, Inc. and Subsidiaries as at December 31, 2009 and 2008
and the related consolidated statements of income and comprehensive income,
shareholders’ equity and cash flows for each of the three years ended December
31, 2009, and to the reference to our firm under the heading
“Experts”.
 
 Chartered
Accountants
 
 
 /s/ MSCM
LLP
 
 MSCM
LLP
 Toronto,
Canada
 March 15,
2010
exv10w8



 





EXHIBIT
10.8




AMENDMENT



This Amendment dated this 24th day of April, 2000 to be made part of a certain
Lease between Commonwealth Management Corporation, Agent and now superceded by Equivest
Management Corporation, Agent, (hereinafter called Landlord) and Health Business Systems
(hereinafter called Tenant) executed July 1, 1991, for space in the Building located at
730 Lo is Drive, Warminster, PA.



Now, Thereby, for full and valuable consideration, receipt of which is hereby acknowledged, the
parties hereto, intending to be legally bound hereby agree as follows;





	 	1.	 	The term shall be extended to 9/30/03.
	 
	 	2.	 	Tenant shall lease an additional 5140 rentable square feet.
	 
	 	3.	 	The rental for the additional space only shall be:




06701/00-09/30/00 — $5140.00/Month plus electric



10/01/00-09/30/01 — $5247;00/Month plus electric



10/01/01-09/30/03 — $5354;16/Month plus electric





	 	4.	 	Tenant shall pay electric oh the original 17695 rentable square feet as of 10/01/01.
	 
	 	5.	 	The rentals for the original 17695 rentable square feet shall be $18432.29 as of
10/01/01.
	 
	 	6.	 	Landlord at their sole cost shall perform the improvements as per the approved
Plan along with building standard carpet and paint.
	 
	 	7.	 	All other terms and conditions of the original Lease shall remain the same,





	 	 	 
	AGREED AND ACCEPTED BY

	 	AGREED AND ACCEPTED BY
	 
	 	 
	/s/ Illegible

	 	/s/ 04/26/2000
	 

	 	 
	Equivest Management, Agent

	 	Health Business Systems, Inc.
II 

112TH CONGRESS 

2D SESSION S. 3062 

To suspend temporarily the duty on knit tank tops of stretch fabric with 

textile or polymer-based electrodes knit into or attached to the fabric 

and that incorporate connectors designed to secure an electronic transmitter that transmits physiological information from the electrodes to 

a compatible monitor. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2012 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on knit tank tops of stretch 

fabric with textile or polymer-based electrodes knit into 

or attached to the fabric and that incorporate connectors 

designed to secure an electronic transmitter that transmits physiological information from the electrodes to a 

compatible monitor. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 3062 IS

1 SECTION 1. KNIT TANK TOPS OF STRETCH FABRIC WITH 

2 TEXTILE OR POLYMER-BASED ELECTRODES 

3 KNIT INTO OR ATTACHED TO THE FABRIC 

4 AND THAT INCORPORATE CONNECTORS DE5 SIGNED TO SECURE AN ELECTRONIC TRANS6 MITTER THAT TRANSMITS PHYSIOLOGICAL 

7 INFORMATION FROM THE ELECTRODES TO A 

8 COMPATIBLE MONITOR. 

9 (a) IN GENERAL.—Subchapter II of chapter 99 of 

10 the Harmonized Tariff Schedule of the United States is 

11 amended by inserting in numerical sequence the following 

12 new heading: 

‘‘ 9902.01.00 Knit tank tops of stretch fabric with textile or polymerbased electrodes knit into or 

attached to the fabric and 

that incorporate connectors 

designed to secure an electronic transmitter that transmits physiological information from the electrodes to a 

compatible monitor (provided 

for in subheading 

6109.90.10) ........................... Free No change No change On or before 

12/31/2015 ’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) applies with respect to goods entered, or 

15 withdrawn from warehouse for consumption, on or after 

16 the 15th day after the date of the enactment of this Act. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Filed by Bowne Pure Compliance



 




Exhibit
10.40



Amendment Number 2 to

Master Agreement Number 750-03610-2002




AMENDMENT NUMBER TWO TO

MASTER TELESERVICES AGREEMENT




THIS AMENDMENT Number Two (the “Amendment”) effective as of March 1, 2005 is made
and entered into by and between APAC Customer Services, Inc., an Illinois
corporation, with offices at Six Parkway North, Deerfield, Illinois 60015
(“Company”) and Cellco Partnership d/b/a Verizon Wireless, a Delaware general
partnership, having an office and principal place of business at 180 Washington
Valley Road, Bedminster, New Jersey 07921 on behalf of itself and for the benefit
of its Affiliates (“Verizon Wireless”).




	A.	 	THIS AMENDMENT IS AN INTEGRAL PART OF THE AGREEMENT. THE TERMS
USED HEREIN WHICH ARE DEFINED OR SPECIFIED IN THE AGREEMENT SHALL HAVE THE
MEANINGS SET FORTH IN THE AGREEMENT. IF THERE ARE ANY INCONSISTENCIES
BETWEEN THE PROVISIONS OF THIS AMENDMENT AND THE PROVISIONS OF THE AGREEMENT,
THE PROVISIONS OF THIS AMENDMENT SHALL CONTROL.

	 
	B.	 	RENEWAL OF AGREEMENT. The Renewal Term is effective as of
the 1st day of March 2005 and shall continue in effect through
February 28, 2006 unless terminated pursuant to the Agreement.

	 
	C.	 	AMENDMENT OF AGREEMENT. The following provisions amend the Agreement.
Capitalized terms not otherwise defined in this Amendment and used in this
section shall have the meanings ascribed thereto in the Agreement.







	 	1.	 	Exhibit E is hereby deleted and restated as set forth in the Attached
Exhibit E.







	D.	 	EFFECT OF AMENDMENT. Except as amended hereby, the Agreement
shall continue in full force and effect.






This Amendment is hereby executed as of the date first written above.



	 	 	 	 	 	 	 	 	 	 	 
	 

	 	CELLCO PARTNERSHIP
	 	 	 	 	 	APAC CUSTOMER SERVICES, INC.
	 	 
	 

	 	d/b/a VERIZON WIRELESS	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ L. C. McAdam
	 	 	 	By:
	 	/s/ James McClenahan	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	

	 	Name: L. C. McADAM
	 	 	 	
	 	Name: James McClenahan	 	 
	

	 	Title: EVP/COO
	 	 	 	
	 	Title: Senior Vice President Operations	 	 
	

	 	Date: 2/1/08
	 	 	 	
	 	Date: 1/11/05	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Marc Tanenberg	 	 
	 

	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	
	 	Name: Marc Tanenberg	 	 
	 

	 	 	 	 	 	
	 	Title: Senior Vice President and Chief Financial Officer	 	 
	 

	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	
	 	Date: 1/11/05	 	 






Cellco
Partnership d/b/a Verizon Wireless — Proprietary and
Confidential.
iManage #: 118299v2
eCounsel #:
750-02049-2004


 


1
Guideline for Determining the Applicability of Nitrogen 1 Oxide Requirements under Section 182(f) , Office of Air Quality Planning and Standards, Air Quality Strategies & Standards Division, December 1993, Chapter 4, "Contribute to Attainment." February 8, 1995

MEMORANDUM

SUBJECT: Sec tion 182(f) Nitrogen Oxides (NOx) Exemptions-

-

Revised Process and Criteria

FROM: John S. Seitz, Director

Office of Air Quality Planning and Standards (MD-10)

TO: Director, Air, Pesticides and Toxics Management

Division, Regions I and IV Director, Air & Waste Management Division, Region I I
Director, Air, Radiation and Toxics Division, Region III Director, Air & Radiation Division, Region V Director, Air, Pesticides and Toxics Division, Region VI Director, Air & Toxics Division, Regions VII, VIII, IX, and X

This memorandum clarifies guidance previously issue d
concer ning NOx exemptions under section 182(f) of the Clean Air Act (A ct) and interstate transport of emissions under sectio n 110(a)(2)(D) of the A ct. First, the EPA believes that these two 1 secti ons must be considered independently. Under sectio n 182(f ), an exemption from the NOx requirements may be grante d for nonattainmen t areas outside an ozone transport region if EPA deter mines that "additional reductions of [NOx] would no t contribute to attainment of the national ambient air qualit y standard for ozo ne in the area." The EPA believes that the term "area" means the "nonattainment area" and that EPA' s determination is limited, as a legal matter, to consideration ofthe effe cts in the nonattainment area due to NOx emission s

reductions from sources in the same nonattainment area. The EPA has separate authority under section 110(a)(2)(D) to require a State to reduce emissions from stationary and/or mobile sources where there is evidence showing that such emissions woul d cont ribute significantly to nonattainment or interfere wit h maintenance in o ther States. In some cases, then, EPA may grant
an e xemption from across-the-board NOx reasonably availabl e contro l technology (RACT) controls under section 182(f) and, in
aseparate action, require NOx controls from stationary and/or mobile sources under section 110(a)(2)(D). The guidanc e co ntained in this memorandum replaces the last paragraph o f section 4.4 and supplements section 4.3 of the December 16, 1993 guidance.
Secondly, where EPA grants a NOx exemption under sectio n 182(f) , the exemption applies to RACT, nonattainment new source revi ew, conformity, and inspection/maintenance. Furthe r discussion of this issue may be found in a January 12, 199 5 memorandum from G. T. Helms to the Regional Air Branch Chiefs.

cc: Rich Ossias
ex10-8.htm


    


    


    Exhibit
10.8

    


    Named Executive Officer
Salary and Bonus Arrangements for 2008

    


    Base
Salaries

    


    The base
salaries for 2008 for the following executive officers of Great Southern
Bancorp, Inc. (the "Company") and Great Southern Bank (the "Bank") are as
follows:

    


    
      	
              Name
      and Title

            	
              Base
      Salary

            
	 
      
	 
      	 
      
	
              William
      V. Turner

            	
              $200,000

            
	
              Chairman
      of the Board of

            
	
              the
      Company and the Bank

            
	 
      
	
              Joseph
      W. Turner

            	
              $228,800

            
	
              President
      and Chief

            
	
              Executive
      Officer of the

            
	
              Company
      and the Bank

            
	 
      
	
              Rex
      A. Copeland

            	
              $178,231

            
	
              Treasurer
      of the Company

            
	
              and
      Senior Vice President and

            
	
              Chief
      Financial Officer of the Bank

            
	 
      
	
              Steven
      G. Mitchem

            	
              $190,000

            
	
              Senior
      Vice President and Chief

            
	
              Lending
      Officer of the Bank

            
	 
      
	
              Douglas
      W. Marrs

            	
              $105,755

            
	
              Secretary
      of the Company and

            
	Secretary,
      Vice President – Operations
	of
      the Bank
	 
	Linton
      J. Thomason	$103,214 
	Vice
      President – Information Services 
	of
      the Bank 
	 


    

     

    Description
of Bonus Arrangements

    


    The bonus
arrangement for William V. Turner and Joseph W. Turner has not been changed. For
2008, William V. Turner waived his right (as he did in 2007 and 2006) to receive
the annual cash bonus provided for under his employment agreement (one-half of
one percent of the Company's pre-tax net income). For 2008 (as it was in 2007
and 2006), the annual cash bonus payable to Joseph W. Turner under his
employment agreement will be three-fourths of one percent of the Company's
pre-tax net income. For 2008, each of Messrs. Copeland, Mitchem and Marrs, along
with the other executive officers of the Company and the Bank, will be eligible
for a cash bonus of up to 15.75% of his base annual salary (compared to 15% in
prior years), with up to 8.25% of the bonus based on the extent to which the
Company achieves targeted earnings per share results and up to 7.5% based on the
officer's individual performance. In addition, effective for 2008, achievement
of targeted earnings per share results will be measured on a quarterly, rather
than an annual, basis. Any bonuses earned will continue to be paid out at or
shortly after the end of the year.
**EXHIBIT 31.2****Chief Financial Officer Certification**I, Randall H. Brown, certify that:1. I havereviewed this Amendment No. 1 to the Annual Report on Form 10-K of Education Realty Trust, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport.Datedthis 28thday of March, 2008.         /s/ Randall H. Brown   Randall H. Brown, Chief Financial   Officer
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 6179

CLAYTON JONES , Plaintiff

- Appellant ,

v. STATE OF SOUTH CAROLINA AND ITS AGENTS, individually and officially , Defendant

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Columbia

. Timothy M. Cain, District Judge. ( 3:20

- cv - 02132

- TMC )

Submitted : February 25, 2022 Decided: March 7, 2022

Before WILKINSON , MOTZ, and RICHARDSON, Circuit Judges.

Affirmed by un published per curiam opinion

. Clayton Jones , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-6179 Doc: 11 Filed: 03/07/2022 Pg: 1 of 32 PER CURIAM: Clayton Jones appeals the district court’s order dism issing without prejudice his 42 U.S.C. § 1983 complaint. * The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised Jones that failure to file tim ely , specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Martin v

. Duffy , 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins , 766 F.2d 841, 846

- 47 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 , 154

- 55 (1985). Although Jones received proper notice and filed timely objections to the magistrate judge’s recommendation, he has waived appellate review of the district court’s determination that his complaint should be dismissed pursuant to Yo unger v. Harris , 401 U.S. 37 (1971), because the objections were not specific to the particularized legal recommendations made by the magistrate judge on th e issue s that he now seeks to challenge on appeal. See Martin , 858 F.3d at 245 (holding that, “to
p reserve for appeal an issue in a magistrate judge’s report, a party must object to the finding

* Although the district court dismissed the action without prejudice, mere amendment cannot cure the deficiencies identified by the district court, and we thus have jurisdiction over this appeal. See Bing v. Brivo Sys., LLC , 959 F.3d 605, 610 (4th Cir. 202 0), cert. denied , 141 S. Ct. 1376 (2021). USCA4 Appeal: 21-6179 Doc: 11 Filed: 03/07/2022 Pg: 2 of 33 or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection” (internal quotatio n marks omitted)). As to the remaining issues that Jones raise s on appeal, we have reviewed the record and find no reversible error. Accordingly, we affirm the judgment of the district court

. We dispense with oral argument because the facts and legal c ontentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 21-6179 Doc: 11 Filed: 03/07/2022 Pg: 3 of 3