alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10-2.htm


     

    EXHIBIT
10.2



         AMENDMENT
TO EMPLOYMENT AGREEMENT

    


    This
Amendment to Employment Agreement (“Amendment”) is by and between Unico American
Corporation (“Company”) and Lester A. Aaron (“Emp1oyee”):

    


    A.  Paragraph
6 of the Employment Agreement between the Company and Employee which was
effective as of December 15, 2007 is amended in its entirety to read as
follows:

    


    6.
TERM/TERMINATION.  Employee’s employment under this Agreement
shall be for a term beginning on April 1, 2009 and ending December 31,
2011.  Notwithstanding the foregoing, this Agreement may be terminated
at any time by Company for Cause or by Employee for other than breach of this
Agreement by the Company upon thirty days written notice. This Agreement may
also be terminated by Company without Cause upon thirty days written notice or
by the Employee at any time on account of the breach of this Agreement by
Company; however, in either of such events, subject to the limitation described
in Section 3.6, the Company shall pay Employee, as and in the manner provided in
Section 3.4, all salary, bonuses and benefits as provided herein for the
remainder of the term of this Agreement.

    


    B. This Amendment is
effective April 1, 2009.

    


    C.  All
other terms and conditions of the Employment Agreement remain
unchanged.

    


    


    COMPANY:

    Unico
American Corporation

    


    


    By  /s/ Cary L.
Cheldin                                                 
       
Date:   April 1,
2009

    Cary L.
Cheldin, President & Chief Executive Officer

     

    
 

    EMPLOYEE:

    


    


    /s/
Lester A. Aaron                                                              
Date:   April 1, 2009

    Lester A.
Aaron
##### 



Exhibit 31.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Richard J. Townsend, certify that: 1. I have reviewed this Quarterly Report on Form 10-Q of Loral Orion,
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(s) 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; (c) 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 (d) 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 (the registrants fourth fiscal quarter in the case of
an annual report) 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(s) 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. /s/ Richard J. TownsendRichard J. TownsendChief Financial Officer August 5, 2004 32
#### State of Connecticut *v.*Ruben Reyes

*Suzanne Zitser,*assistant public defender, in support of the petition.

*Mitchell Brody,*assistant state’s attorney, in opposition.

Decided October 25, 1989

The defendant’s petition for certification for appeal from the Appellate Court, 19 Conn. App. 695, is denied.
Exhibit 10.54 2014 10-K






Exhibit 10.54


AMENDMENT NO. 4
TO THE NORTH AMERICAN COAL CORPORATION
SUPPLEMENTAL RETIREMENT BENEFIT PLAN
(As Amended and Restated as of January 1, 2008)


The North American Coal Corporation hereby adopts this Amendment No. 4 to The North American Coal Corporation Supplemental Retirement Benefit Plan (As Amended and Restated as of January 1, 2008) (the "Plan"), to be effective immediately following the close of business on December 1, 2014.  Words used herein with initial capital letters which are defined in the Plan are used herein as so defined.


Section 1


Section 3.5 is hereby amended by adding the following new Subsection (4) to the end thereof, to read as follows:


“(4)   Notwithstanding the foregoing, or any other provision of the Plan to the contrary, The North American Coal Corporation shall be solely responsible for the payment of the Supplemental Retirement Benefits payable to the Participants who were employed by, or allocated to, (i) The Coteau Properties Company or (ii) Bellaire Corporation on December 1, 2014 (or, if earlier on the date of their Termination of Employment with the Controlled Group).”  




Section 2


Exhibit A to the Plan is hereby amended in its entirety to read as shown in the attachment to this Amendment. [Exhibit Intentionally Omitted]




EXECUTED this 12th day of November, 2014.




THE NORTH AMERICAN COAL CORPORATION


    
                            	
		
	 
	/s/ Mary D. Maloney

	 
	Mary D. Maloney

	 
	Associate General Counsel, Senior Director Benefits & Human Resources and Assistant Secretary
** **

**Exhibit 99.1**

** **

** **

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Upbancorp, Inc. (the “Company”) on Form 10Q for the period endingSeptember 30, 2002 as filed with the Securities and Exchange Commission on thedate hereof (the Report”), I, Richard K. Ostrom, Chairman of the Board,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

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

 

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

 

 

 
| \s\ Richard  K. Ostrom                                          |   |
|-----------------------------------------------------------------|--------|
|                                                            |   |
| Richard K.  Ostrom                                              |
| Chairman of  the Board,  President and Chief  Executive Officer |
| November 8,  2002                                               |
|                                                                 |        |  |

 

 

 

**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 theQuarterly Report of Upbancorp, Inc. (the “Company”) on Form 10Q for the period endingSeptember 30, 2002 as filed with the Securities and Exchange Commission on thedate hereof (the Report”), I, Kathleen L. Harris, Senior Vice President andChief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

 

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

 

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

 

 

 
| \s\ Kathleen  L. Harris                             |   |
|-----------------------------------------------------|--------|
|                                                |
| Kathleen L.  Harris                                 |
| Senior Vice  President and  Chief Financial Officer |
| November 8,  2002                                   |

 

----
#### WILLIAMS, Appellant, v. FIRST NAT. BANK OF UTICA, N. Y., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

October 16, 1907.)

Action by William P. Williams against the First National Bank of Utica, N. Y.

PER CURIAM.

Judgment affirmed, with costs, upon opinion in same case reported at 118 App. Div. 555, 102 N. Y. Supp. 1031.

SPRING, J.,

dissents, upon the grounds stated in the dissenting opinion in same case.
Exhibit 10.2


 


Promissory Note


 


Date of Issuance: March 6, 2015


 


FOR VALUE RECEIVED, Royal Energy Resources,
Inc. promises to pay to E-Starts Money Co. on demand the principal sum of Two Hundred Three Thousand Five Hundred Ninety-Three
Dollars ($203,593) with interest at six percent per annum from the Date of Issuance set forth above.


 


	 	/s/ William Tuorto
	 	William Tuorto, 
	 	CEO of Royal Energy Resources, Inc.
#### STERNBERGER v. PERLMUTTER.

(Supreme Court, Appellate Division, First Department.

March 15, 1912.)

Action by Augusta S. Sternberger against Bernard Perlmutter. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed.
#### Kenneth R. MICKAS and Yasmina K. Mickas, Plaintiffs-Appellants, v. NATIONAL CASUALTY INSURANCE COMPANY, Defendant-Appellee.

No. 09-17150.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2011.*

Filed July 6, 2011.

Kenneth R. Mickas, Ignacio, CO, pro se.

Yasmina Mickas, Ignacio, CO, pro se.

Paul J. Giancola, Esquire, Martha E. Gibbs, Snell & Wilmer L.L.P., Phoenix, AZ, for Defendant-Appellee.

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Kenneth R. Mickas and Yasmina K. Mic-kas appeal pro se from the district court’s judgment dismissing their diversity action alleging fraud against their former insurance company. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). *Barren v. Harrington,*152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed the second amended complaint because plaintiffs failed to allege sufficient facts to state a fraud claim on the basis of defendant’s alleged misrepresentations regarding plaintiffs’ cab company. *See Ashcroft v. Iqbal,*556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Edüd 868 (2009) (“[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” (citation and internal quotation marks omitted)); *Echols v. Beauty Built Homes, Inc.,*132 Ariz. 498, 647 P.2d 629, 631 (1982) (stating elements of fraud claim under Arizona law).

*528Plaintiffs’ remaining contentions are unpersuasive.

Plaintiffs’ “Objection to Notice of Appearance” and “Objection to Notice of Disassociation” are denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
I 

109TH CONGRESS 

1ST SESSION H. R. 234 

To amend chapter 81 of title 5, United States Code, to authorize the use 

of clinical social workers to conduct evaluations to determine workrelated emotional and mental illnesses. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. TOWNS introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To amend chapter 81 of title 5, United States Code, to 

authorize the use of clinical social workers to conduct 

evaluations to determine work-related emotional and 

mental illnesses. 

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

3 SECTION 1. EXAMINATION BY CLINICAL SOCIAL WORKERS 

4 FOR FEDERAL WORKER COMPENSATION 

5 CLAIMS. 

6 Section 8101 of title 5, United States Code, is 

7 amended— 
2 

HR 234 IH 

1 (1) in paragraph (2), by striking ‘‘and osteo2 pathic practitioners’’ and inserting ‘‘osteopathic 

3 practitioner, and clinical social workers’’; and 

4 (2) in paragraph (3), by striking ‘‘osteopathic 

5 practitioners’’ and inserting ‘‘osteopathic practi6 tioners, clinical social workers,’’. 

Æ
#### WEXLER, Appellant, v. YUDIN, Respondent.

(Supreme Court, Appellate Division, Second Department.

October 18, 1907.)

Action by Adolf Wexler against Samuel Yudin.

No opinion. Judgment of the Municipal Court affirmed, with costs.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 38 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 38

  To amend title XVIII of the Social Security Act to provide improved 
 reimbursement for clinical social worker services under the Medicare 
                                program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

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

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to provide improved 
 reimbursement for clinical social worker services under the Medicare 
                                program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity for Clinical Social Workers 
Act of 2011''.

SEC. 2. IMPROVED REIMBURSEMENT FOR CLINICAL SOCIAL WORKER SERVICES 
              UNDER MEDICARE.

    (a) In General.--Section 1833(a)(1)(F)(ii) of the Social Security 
Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended to read as follows: 
``(ii) the amount determined by a fee schedule established by the 
Secretary,''.
    (b) Definition of Clinical Social Worker Services Expanded.--
Section 1861(hh)(2) of the Social Security Act (42 U.S.C. 1395x(hh)(2)) 
is amended by striking ``services performed by a clinical social worker 
(as defined in paragraph (1))'' and inserting ``such services and such 
services and supplies furnished as an incident to such services 
performed by a clinical social worker (as defined in paragraph (1))''.
    (c) Clinical Social Worker Services Not To Be Included in Inpatient 
Hospital Services.--Section 1861(b)(4) of the Social Security Act (42 
U.S.C. 1395x(b)(4)) is amended by striking ``and services'' and 
inserting ``clinical social worker services, and services''.
    (d) Treatment of Services Furnished in Inpatient Setting.--Section 
1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 
1395k(a)(2)(B)(iii)) is amended--
            (1) by striking ``and services'' and inserting ``clinical 
        social worker services, and services''; and
            (2) by adding ``and'' at the end.
    (e) Effective Date.--The amendments made by this section shall 
apply to payments made for clinical social worker services furnished on 
or after January 1, 2012.
                                 <all>
```
#### Michael MOSS, Plaintiff, v. Donald S. VARIAN, Jr., Defendant.

Civ. A. No. C82-872A.

United States District Court, N. D. Ohio, E. D.

April 15, 1982.

*712Michael Moss, pro se.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

Pending before the Court is plaintiff Moss’ *pro se*petition to proceed *in forma pauperis.*For the reasons set forth below, the petition is denied, and the complaint is dismissed.

I

Moss is presently incarcerated in the Ohio State Correctional Facility at Chillicothe, Ohio. He alleges that he retained defendant Varían as counsel to represent him in his criminal trial; that he was unsatisfied with Varian’s representation; and that in May of 1977, Varían took Moss’ bond money, without Moss’ authorization, to pay his legal fee for services rendered in connection with the criminal trial.

Moss predicates.jurisdiction on 42 U.S.C. § 1983, and asks for compensatory and punitive damages, claiming that Varían has deprived him of his property without due process of law.

II

Moss’ action is maintainable pursuant to 42 U.S.C. § 1983, only if defendant Varian’s actions were taken “under color of [a] statute, ordinance, regulation, custom, or usage, of [a] State or Territory.” Although attorneys are licensed to practice by the various states, and they are deemed officers of the court, such a nexus with the state is an insufficient basis for concluding that lawyers act “under color of state law” for the purposes of jurisdiction under 42 U.S.C. § 1983. *Henderson v. Fisher,*631 F.2d 1115 (3rd Cir. 1980); *Lamb v. Farmers Insurance Co., Inc.,*586 F.2d 96 (8th Cir. 1973); *Sinclair v. Spatocco,*452 F.2d 1213 (9th Cir. 1972), *cert. denied,*409 U.S. 886, 93 S.Ct. 102, 34 L.Ed.2d 142 (1972); *Stambler v. Dillon,*302 F.Supp. 1250 (5th Cir. 1969).1

Moreover, it makes no difference whether the attorney was retained, or appointed, for the purpose of making this determination. See *Harkins v. Eldredge,*505 F.2d 802 (8th Cir. 1974).

The petition to proceed *in forma pauperis*is denied, and the complaint is dismissed, with prejudice, *sua sponte,*for lack of jurisdiction.

IT IS SO ORDERED.

1

. See also dicta in *Jackson v. Metropolitan Edison Co.,*419 U.S. 345, 355, 95 S.Ct. 449, 455, 42 L.Ed.2d 477 (1974).
#### The People of the State of New York, Respondent, v Phillip Lewis, Appellant.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered on June 22, 1983, unanimously affirmed. Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur — Murphy, P. J., Sullivan, Ross, Lynch and Kassal, JJ.
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

In connection with the Annual Report of MarkWest Energy Partners, L.P. (the "Partnership") on Form 10-K for
the period ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Nancy K. Buese, Chief Financial Officer of the General Partner of
the Partnership, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



|                    |  |     |  |                                                                                                                                                 
|------------------- |  | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------
|
|Date: March 2, 2009 |  | By: |  | /s/ NANCY K. BUESE Nancy K. Buese Senior Vice President & Chief Financial Officer
(Principal Financial Officer and Principal
Accounting Officer)

This
certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document. This
certification shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to liability under that
section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act except to the extent this Exhibit 32.2 is expressly and specifically incorporated by reference in any such filing.

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

---



QuickLinks
II 

112TH CONGRESS 

1ST SESSION S. 516 

To extend outer Continental Shelf leases to accommodate permitting delays 

and to provide operators time to meet new drilling and safety requirements. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2011 

Mrs. HUTCHISON (for herself, Ms. LANDRIEU, Mr. CORNYN, Mr. VITTER, Ms. 

MURKOWSKI, Mr. WICKER, Mr. COCHRAN, and Mr. SESSIONS) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

A BILL 

To extend outer Continental Shelf leases to accommodate 

permitting delays and to provide operators time to meet 

new drilling and safety requirements. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lease Extension and 

5 Secure Energy Act of 2011’’. 

6 SEC. 2. EXTENSION OF CERTAIN OUTER CONTINENTAL 

7 SHELF LEASES. 

8 (a) DEFINITION OF COVERED LEASE.—In this sec9 tion, the term ‘‘covered lease’’ means each oil and gas 


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2 

•S 516 IS

1 lease for the Gulf of Mexico outer Continental Shelf region 

2 issued under section 8 of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1337) that was— 

4 (1) not producing as of April 30, 2010; or 

5 (2) suspended from operations, permit proc6 essing, or consideration, in accordance with the mor7 atorium set forth in the Minerals Management Serv8 ice Notice to Lessees and Operators No. 2010–N04, 

9 dated May 30, 2010, or the decision memorandum 

10 of the Secretary of the Interior entitled ‘‘Decision 

11 memorandum regarding the suspension of certain 

12 offshore permitting and drilling activities on the 

13 Outer Continental Shelf’’ and dated July 12, 2010. 

14 (b) EXTENSION OF COVERED LEASES.—The Sec15 retary of the Interior shall extend the term of a covered 

16 lease by 1 year. 

17 (c) EFFECT ON SUSPENSIONS OF OPERATIONS OR

18 PRODUCTION.—The extension of covered leases under this 

19 Act is in addition to any suspension of operations or sus20 pension of production granted by the Minerals Manage21 ment Service or Bureau of Ocean Energy Management, 

22 Regulation and Enforcement after May 1, 2010. 

Æ 


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