alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### GOTTSHALL v. PENNSYLVANIA R. CO.

(Supreme Court, Appellate Division, Fourth Department.

March 28, 1912.)

Action by William S. Gottshall against the Pennsylvania Railroad Company. With this case has been consolidated in this court cases bearing titles as follows: Gardner Brockway, Respondent, v. Syracuse Lighting Co., Appellant; Phoebe Hatch et al., Respondents, v. Willis Luckman, Appellant; People ex rel. William Hatch et al., Respondents, v. Cornelius Carpenter et al., Appellants; In re Frederick M. Broadbrooks, as receiver, etc., for the removal of William E. Genno and another, etc., from certain premises in the City of Buffalo; Martin Luber, an infant, etc., Appellant, v. William J. Connors, Respondent. Np opinions. The above cases, having been twice passed upon being reached in their regular order, are dismissed, with costs, under general rule 39.
#### HEATH, Appellant, v. MEAD et al., Respondents.

(Supreme Court, Appellate Division, Third Department.

March 15, 1898.)

Action by Harriet R. Heath against Louisa A; Mead and others.

No opinion. Judgment affirmed, with costs.
##### 



Exhibit 10.19 (AMERICAN ACHIEVEMENT CORPORATION LOGO) October 21,2004 Mr. David Fiore
American Achievement Corporation
7211 Circle S Road
Austin, TX 78745 Re: Employment Agreement Amendment Dear David: Reference is made to your employment agreement with the Company,
originally dated as of July 13, 1999, as amended and in effect on the date
hereof (the Agreement). Please be advised that the period ending thirty
days after the six month anniversary of a Change of Control referenced in
Section 7.7(a) of the Agreement is hereby extended to expire on December
31, 2004. All other provisions of the Agreement will continue in effect
pursuant to their terms. Terms used herein and not otherwise defined have
the meanings set forth in the Agreement. If you are in agreement with the foregoing, please sign and return
one copy of this Agreement, it being understood that all counterpart
copies will constitute but one agreement with respect to the subject
matter of this letter. Very truly yours,American Achievement CorporationBy:
    -s- Mac La FolletteName:
    Mac La FolletteTitle:
    Managing Director Accepted and agreed to as of the date hereof: By:
    
    -s- David G. FioreDavid G. Fiore            10/22/04
 7211 Circle S Road
Austin, TX 78745
    
    Phone: 512-444-0571
#### Rita L. Lawrence, Respondent, v Frank Norberto, Jr., et al., Appellants, et al., Defendants.

[941 NYS2d 875]

In an action to recover damages for personal injuries, the defendants Frank Norberto, Jr., Norberto Inc., “LMN” Inc., doing business as Norberto Pools, Inc., and Norberto Pools, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Farneti, J.), dated December 14, 2010, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action to recover damages for personal injuries allegedly sustained by the plaintiff when she slipped and fell on premises owned by the defendant Frank Norberto, Jr., the ap*823pellants moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff was unable to identify what had caused her to fall. The Supreme Court denied that branch of the motion.

To impose liability on a defendant in a slip-and-fall case, there must be evidence that there was a dangerous condition and that the defendant either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time (see *Gordon v American Museum of Natural History,*67 NY2d 836 [1986]; *Davis v Rochdale Vil., Inc.,*63 AD3d 870 [2009] ). A plaintiffs inability to identify the cause of the fall is fatal to the action because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation *(see Capasso v Capasso,*84 AD3d 997 [2011]; *Patrick v Costco Wholesale Corp.,*77 AD3d 810 [2010] ; *Louman v Town of Greenburgh,*60 AD3d 915 [2009]; *Hartman v Mountain Val. Brew Pub,*301 AD2d 570 [2003]). Here, the appellants failed to meet their burden of demonstrating, prima facie, that the plaintiff was unable to identify the cause of her accident *(see Bernardo v 444 Rte. Ill, LLC,*83 AD3d 753 [2011]; *Sotomayor v Pafos Realty, LLC,*43 AD3d 905 [2007]; *Boyd v Rome Realty Leasing Ltd. Partnership,*21 AD3d 920 [2005]). Since the appellants failed to meet their initial burden, we need not consider the sufficiency of the plaintiffs opposition papers (see *Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851 [1985]).

Accordingly, the Supreme Court properly denied that branch of the appellants’ motion which was for summary judgment dismissing the complaint insofar as asserted against them. Mastro, A.P.J, Hall, Lott and Sgroi, JJ., concur. [Prior Case History: 2010 NY Slip Op 33481(U).]
EXHIBIT 10.13







Notice of Non-Renewal of Three-Year Change in Control







The Undersigned, Chairman of the Board of Directors of CHEVIOT SAVINGS BANK, (the “Bank”), acting pursuant to the duly adopted Resolutions of the Board, hereby gives notice to ________________ (the “Executive”), that the Executive’s Three-Year Change in Control Agreement (the “Agreement”) shall not be renewed, and that the term of the Agreement shall not be extended further, Accordingly, the Executive’s Agreement will expire and terminate by its own terms on February 18, 2017.
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel's Taxpayer Assistance Center Improvements Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, August 12, 2021.

# FOR FURTHER INFORMATION CONTACT:

Matthew O'Sullivan at 1-888-912-1227 or (510) 907-5274.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Taxpayer Assistance Center Improvements Project Committee will be held Thursday, August 12, 2021, at 12:00 p.m. Eastern Time. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Matthew O'Sullivan. For more information please contact Matthew O'Sullivan at 1-888-912-1227 or (510) 907-5274, or write TAP Office, 1301 Clay Street, Oakland, CA 94612-5217 or contact us at the website:                     *http://www.improveirs.org.*                     The agenda will include various IRS issues.                

Dated: July 1, 2021.

Kevin Brown,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. 2021-14511 Filed 7-7-21; 8:45 am]

BILLING CODE 4830-01-P
Exhibit 10.24


 


Addendum 


 


 


 


To Ningfang Liang,


 


Per discussion, the service agreement signed
on March 7th of 2013 between you and the Company will continue until March 6, 2016.


 


Signed by Zhengyu Wang, CEO, on February
26, 2015


 


Accepted and signed by Ningfang Liang on
February 26, 2015
##### 



Exhibit 10.16
  
 Transition Agreement
  1.
 2. Expiration of Employment Agreement.
 3. Severance Payments upon Termination of Employment.
 4. Transition Period and Additional Severance Payments and Benefits.




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 2 of 9
  5. Employment Status during Transition Period. provided however,
 6. Definition of Cause.
 7. Accrued Salary and Vacation.




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 3 of 9
 8. Benefit Plans.
    9. Equity Awards.




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 4 of 9
  10. Other Compensation or Benefits/Resignation by You.
 11. Expense Reimbursements.
 12. Return of Company Property. Receipt of the Severance described in this
Agreement is expressly conditioned upon return of all Company Property.
 13. Proprietary Information Obligations.
 14. Confidentiality.




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 5 of 9
  15. Non-Disparagement.
 16. Cooperation after Termination.
 17. Release.




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 6 of 9
 
    
    has violated its personnel policies, handbooks, contracts of employment, or
covenants of good faith and fair dealing;
    
    has discriminated against you on the basis of age, race, color, sex (including
sexual harassment), national origin, ancestry, disability, religion, sexual
orientation, marital status, parental status, source of income, entitlement to
benefits, any union activities or other protected category in violation of any local,
state or federal law, constitution, ordinance, or regulation, including but not limited
to: Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981, as
amended; the Equal Pay Act; the Americans With Disabilities Act; the Family Medical
Leave Act; the Maryland Human Relations Commission Act; the Employee Retirement Income
Security Act; Section 510; and the National Labor Relations Act;
    
    has violated any statute, public policy or common law (including but not
limited to claims for retaliatory discharge; negligent hiring, retention or
supervision; defamation; intentional or negligent infliction of emotional distress
and/or mental anguish; intentional interference with contract; negligence; detrimental
reliance; loss of consortium to you or any member of your family and/or promissory
estoppel).




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 7 of 9
  18. Indemnification Rights.
 19. No Admission.
 20. Breach.
 21. Miscellaneous.




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 8 of 9




---



##### 



Mr. E. Wayne Jackson, III
February 27, 2008
Page 9 of 9
     By:

/s/
Joseph R. Chinnici
      February 27, 2008Joseph Chinnici, Chairman Agreed to and Accepted:/s/ E. Wayne Jackson, III      February 27, 2008
 E. Wayne Jackson, III
 Consideration Period
  /s/ E.Wayne Jackson, III
    
    February 27, 2008Signature
    
    Date




---



##### 



Exhibit A
CERTIFICATE AND RELEASE OF CLAIMS
 [Date]
     E. Wayne Jackson, III
 Dated:




---



##### 



Exhibit B
Resignation Letter
     Dated:
<PAGE>
                                                                    Exhibit 99.3



                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Town Sports International, Inc. (the
"Company") on Form 10-Q/A for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel
Gallagher, Vice President, Finance of the Company, certify, pursuant to 18
U.S.C. (Section Mark)1350, as adopted pursuant to (Section Mark)906 of the
Sarbanes-Oxley Act of 2002, that:

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

                (2)  The information contained in the Report fairly presents, in
all material respects, the financial condition and result of operations of the
Company.


/s/ Daniel Gallagher
Town Sports International, Inc.
Vice President, Finance
March 14, 2003
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Carl F. Fahrenkrug, Chief Executive Officer of Microwave Filter Company,
Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended
    December 31, 2003 (the Report) fully complies with the requirements of
    Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
    78m or 78o(d); and

(2) the information contained in the report fairly presents, in all material
    respects, the financial condition and results of operations of the
    Company.

Dated: February 14, 2004                    /s/ Carl F. Fahrenkrug
                                                Carl F. Fahrenkrug
                                                Chief Executive Officer

<PAGE>

                                                                    Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Richard L. Jones, Chief Financial Officer of Microwave Filter Company, Inc.
(the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1) the quarterly Report on Form 10-Q of the Company for the period ended
    December 31, 2003 (the Report) fully complies with the requirements of
    Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
    78m or 78o(d); and

(2) the information contained in the report fairly presents, in all material
    respects, the financial condition and results of operations of the
    Company.

Dated: February 14, 2004                    /s/ Richard L. Jones
                                                Richard L. Jones
                                                Chief Financial Officer
<PAGE>

                                                                    Exhibit 32.3

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Annual Report on Form 10-K of the Company
for the year ended December 31, 2003, I, William E. Elliott, President and Chief
Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

     1)   such Annual Report on Form 10-K of the Company for the year ended
          December 31, 2003, 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 such Annual Report on Form 10-K of the
          Company for the year ended year ended December 31,2003, fairly
          presents, in all material respects, the financial condition and
          results of operations of Plumas Bancorp.

Date: March 23, 2003                               /s/ W. E. Elliott
                                        ----------------------------------------
                                        William E. Elliott, President & CEO
Exhibit 32.2

                    CERTIFICATION OF 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 Annual Report of Tiens Biotech Group (USA), Inc.
(the  "Registrant") on Form 10-KSB/A for the fiscal year ended December 31, 2004
as filed with the Securities and Exchange  Commission (the "Report"),  I, Wenjun
Jiao, Chief Financial Officer of the Registrant,  certify, pursuant to 18 U.S.C.
Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that,
to the best of my knowledge:

         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  Registrant as of and for the period covered
                  by the Report.

         Pursuant to the rules and  regulations  of the  Securities and Exchange
Commission, this certification is being furnished and is not deemed filed.

September 16, 2005                                        /s/ Wenjun Jiao
                                                         -----------------------
                                                         Wenjun Jiao
                                                         Chief Financial Officer
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 29, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-60833

Summary Calendar

 

ZIAD MOHAMMAD KHWEIS; HEYAM ZIAD KHWEIS; 

JUMA ZIAD KHWEIS,

Petitioners,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

Respondent.

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

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A42 516 542 

BIA No. A74 314 359 

BIA No. A74 216 343 

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

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Ziad Mohamed Khweis, Heyam Ziad Khweis, and Juman Ziad

Khweis petition this court to review the decision of the Board

of Immigration Appeals (BIA) denying their motion to reopen

immigration proceedings. The Khweises first argue that the BIA

improperly accepted and considered an untimely opposition to

their motion to reopen submitted by the Immigration and

Naturalization Service. 
No. 02-60833

-2-

This court “will defer to the BIA’s interpretation of

immigration regulations if the interpretation is reasonable.” 

Lopez-Gomez v. Ashcroft, 263 F.3d 442, 444 (5th Cir. 2001). 

Given that the BIA had the discretion to consider an untimely

“brief,” see 8 C.F.R. § 3.2(g)(3), the BIA’s acceptance and

consideration of the opposition was reasonable. Further, to the

extent the Khweises argue that their due process rights were

violated, their argument fails because they cannot demonstrate

prejudice. See Hernandez-Garza v. INS, 882 F.2d 945, 947

(5th Cir. 1989). Likewise, the Khweises cannot show that their

due process rights were violated by the BIA’s single-member

disposition of their motion to reopen. See Soadjede v. Ashcroft,

324 F.3d 830, 832-33 (5th Cir. 2003). 

The Khweises also contend that the BIA’s retroactive

application of the stop-time provision of 8 U.S.C. § 1229b(d)

violates their right to due process. The Khweises’ challenge

to the retroactive application of the stop-time provision is

foreclosed. See Gonzalez-Torres v. INS, 213 F.3d 899, 903

(5th Cir. 2000).

Finally, citing evidence attached to their motion to reopen,

the Khweises contend that the BIA’s denial of the motion was

error. In their motion the Khweises sought, inter alia, asylum,

withholding of deportation, and protection under the Convention

Against Torture. The Khweises have failed to show, however,

that the BIA’s determination that they had failed to establish
No. 02-60833

-3-

a prima facie case for the relief sought was an abuse of its

discretion. See INS v. Abudu, 485 U.S. 94, 106, 110-11 (1988);

Efe v. Ashcroft, 293 F.3d 899, 903-06 (5th Cir. 2002); Faddoul v.

INS, 37 F.3d 185, 188 (5th Cir. 1994).

PETITION FOR REVIEW DENIED.
Exhibit 32

SECTION 906 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF

FINANCIAL OFFICER

Statement

Solely for the purposes of complying with 18
U.S.C.§1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer and the Chief Financial Officer of Sonic Foundry, Inc. (the Company), hereby certify, based on our
knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2009 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: July 31,
2009



|       |  |                         
|------ |  | ------------------------
|By:    |  | /s/ Rimas P. Buinevicius
|By:    |  | Rimas P. Buinevicius    
|Title: |  | Chief Executive Officer 
|       | 
|By:    |  | /s/ Kenneth A. Minor    
|By:    |  | Kenneth A. Minor        
|Title: |  | Chief Financial Officer 



30