alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 12/2/03 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2003 ND 178

Donald A. Negaard, Plaintiff and Appellee

v.

Monica Wesley Negaard, n/k/a 

Monica Wesley Paper,     Defendant and Appellant

No. 20030174

Appeal from the District Court of Pierce County, Northeast Judicial District, the Honorable Lester Ketterling, Judge.

AFFIRMED.

Per Curiam.

Anne E. Summers, Dyer & Summers, P.C., 418 E. Broadway Avenue, Ste. 246, P.O. Box 2261, Bismarck, N.D. 58502-2261, for defendant and appellant.

Gary R. Sorensen, Sorensen Law Firm, Northland Professional Building, 600 22nd Avenue NW, Minot, N.D. 58703-0986, for plaintiff and appellee.

Negaard v. Negaard

No. 20030174

Per Curiam.

[¶1]Monica Wesley Paper appeals a post-judgment divorce order granting Donald A. Negaard costs and attorney’s fees.  

[¶2]Paper argues the trial court failed to apply the standards used for fees in divorce cases, which analyzes one parent’s need and the other parent’s ability to pay.  Paper also argues the trial court abused its discretion when it awarded Negaard costs and attorney’s fees because the trial court never found Paper in contempt.  Finally, Paper argues the trial court abused its discretion when it stated that she made no objections to the attorney’s costs and fees. 

[¶3]After reviewing the record, we conclude Paper did not raise any of these issues to the trial court and, therefore, may not raise them on appeal.  See Peters-Riemers v. Riemers, 2002 ND 49, ¶ 9, 641 N.W.2d 83 (stating issues not raised to the trial court may not be raised on appeal).

[¶4]We affirm the April 10, 2003, order under North Dakota Rules of Appellate Procedure 35.1(a)(4), (7).  Peters-Riemers, at ¶ 9.

[¶5]Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

William A. Neumann

Dale V. Sandstrom

Carol Ronning Kapsner
EX-10.1



 Exhibit 10.1 

FIRST AMENDMENT TO THE COMMERCIAL AGREEMENT 

This First Amendment to the Commercial Agreement (this “First Amendment”), dated March 7, 2015 (the “First Amendment
Effective Date”), is made by and between NOOK DIGITAL, LLC f/k/a barnesandnoble.com llc, a limited liability company organized under the laws of Delaware having offices at 1166 Avenue of the Americas, 18th Floor, New York, New York 10011
(“NOOK Media”) and SAMSUNG ELECTRONICS AMERICA, INC., a corporation organized under the laws of New York having offices at 85 Challenger Road, Ridgefield Park, New Jersey 07660 (“Samsung”). 

WHEREAS, NOOK Media and Samsung entered into that certain Commercial Agreement dated June 4, 2014 (the “Agreement”),
pursuant to which the parties agreed to work together to develop Tablet devices manufactured by Samsung, customized with NOOK Media software and co-branded with Samsung and NOOK Media branding; and 

WHEREAS, the parties now wish to amend the Agreement as set forth herein. 

NOW, THEREFORE, in consideration of the agreements and obligations set forth in the Agreement and this First Amendment, and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 
  

	 	1.	Section 4.3 of the Agreement is hereby amended and restated in its entirety as follows: 


4.3 Minimum Quantity Purchase Commitment. NOOK Media shall purchase a minimum total quantity of 1,000,000 units of Co-Branded Devices
(including units purchased for the Launch) prior to June 30, 2016. 
  

	 	2.	All capitalized terms set forth in this First Amendment and not defined herein shall have the meanings ascribed to them in the Agreement. 


 

	 	3.	The remaining terms and conditions of the Agreement will remain in full force and effect. In the event of a conflict between the terms of this First Amendment and the terms of the Agreement, this First Amendment shall
control. 

 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date hereof. 

 

									
	NOOK DIGITAL, LLC				SAMSUNG ELECTRONICS AMERICA, INC.
					
	By:		 /s/ Mahesh Veerina
				By:		 /s/ Gary M. Riding

					
	Name:		Mahesh Veerina				Name:		Gary M. Riding
					
	Title:		President, NOOK Digital				Title:		SVP, Mobile Computing
					
	Date:		 March 7, 2015
				Date:		 March 6, 2015
Exhibit 10.1


 





SECOND ADDENDUM TO CONTRACT


 


This second addendum (“Second
Addendum”) to the COMMERCIAL CONTRACT (“Contract”) with an Effective Date of January 12, 2015 between MagneGas
Corporation (“Seller”), and Jay Coleman, Inc. or Assigns (“Buyer”), regarding certain real property located
at 1500 Rainville Rd., Tarpon Springs, FL 34689 (consisting of parcel #’s 01-27-15-00000-310-0200 & 01-27-15-00000-310-0210)


 


The clauses below shall be incorporated into the Contract referenced
above:


 


		1.	The Due Diligence Period referenced in section 7B of the Contract expires on March 10th, 2015.



		2.	The Closing Date referenced in section 4A and Section 22 (Additional Terms) of the Contract is hereby changed to March 31st,
2015.



		3.	The Purchase Price referenced in section 2 of the Contract is hereby changed to $450,000.



 


SIGNATURES, INITIALS, DOCUMENTS REFERENCED
IN THIS SECOND ADDENDUM, COUNTERPARTS AND WRITTEN MODIFICATIONS COMMUNICATED ELECTRONICALLY OR ON PAPER WILL BE ACCEPTABLE FOR
ALL PURPOSES, INCLUDING DELIVERY, AND WILL BE BINDING.


 


Unless specifically modified or amended by this Second Addendum,
all other terms, conditions and provisions of the Contract between the parties shall remain in full force and effect. To the extent
any of the terms, conditions and provisions of this Second Addendum are contrary to any of the terms, conditions and provisions
of the Contract or any previous Addendum, the terms, conditions and provisions of this Second Addendum shall prevail.


 


	Seller:	 	Buyer:
	 	 	 
	 	 	 
	 	 	 
	 	 	 
	 	 	 
	Printed Name	 	Printed Name
	 	 	 
	 	 	 
	Title	 	Title
	 	 	 
	 	 	 
	Date  	 	Date
##### 



EXHIBIT A (PRICEWATERHOUSECOOPERS LOGO)PricewaterhouseCoopers LLP
  Chartered Accountants
  111 5th Avenue SW, Suite 3100  
  Calgary, Alberta
  Canada T2P 5L3
  Telephone +1 (403) 509 7500
  Facsimile +1 (403) 781 1825
 March 7, 2005  Consent of Independent Accountants Dear Sirs: We hereby consent to the use in the Annual Report on Form 40-F of Canadian Pacific Railway Limited
and Canadian Pacific Railway Company for the year ended December 31, 2004 (the Form 40-F), and
the incorporation by reference in the Registration Statements: Form S-8 no. 333-13846 (Canadian
Pacific Railway Limited), Form S-8 no. 333-13962 (Canadian Pacific Railway Limited), and Form F-9
no. 333-114696 (Canadian Pacific Railway Company) of our Auditors Report and Comments by Auditors
for U.S. Readers on Canada-U.S. Reporting Difference each dated February 11, 2005, which reports
are included in the financial statements included in the Form 40-F. Yours very truly, (signed by) PricewaterhouseCoopers LLP Chartered Accountants  PricewaterhouseCoopers refers to the Canadian firm of PricewaterhouseCoopers LLP and the other member firms
of PricewaterhouseCoopers International Limited, each of which is a separate and independent legal entity.
**Exhibit 32**

AMANASU TECHNO HOLDINGS**Certification of President and Principal Financial Officer			Pursuant to 18 U.S.C. Section 1350,			As Adopted Pursuant to			Section 906 of the Sarbanes-Oxley Act of 2002**

			Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of the			registrant certifies, to the best of his knowledge, that the registrant's Annual			Report on Form 10-K for the period ended December 31, 2008 (the "Form 10-K")			fully complies with the requirements of Section 13(a) or 15(d) of the Securities			Exchange Act of 1934 and that the information contained in the Form 10-K,			fairly presents, in all material respects, the financial condition and results			of operations of the registrant.		

 Dated: April 13, 2009
			 By: /s/ Yukinori Yoshino					Yukinori Yoshino					President and Principal Financial Officer
<PAGE>   1





                                                                    EXHIBIT 10-A

                               AVATEX CORPORATION

                               AMENDMENT NO. 1 TO

                           PERFORMANCE INCENTIVE PLAN


         The Performance Incentive Plan adopted effective as of January 1, 1997
of Avatex Corporation (the "Company") is hereby amended by adding the following
Section D.4 to the Plan:

         4.      The calculation of Net Income shall exclude for all purposes
                 any effect on income, operations or other items resulting from
                 (a) any settlement by the Company of the lawsuit styled
                 Official Committee of Unsecured Creditors of FoxMeyer
                 Corporation, et al., v. FoxMeyer Health Corporation, Adversary
                 No. 96-205, filed in the United States Bankruptcy Court for
                 the District of Delaware or (b) any other actual or potential
                 litigation or similar proceeding against the Company and/or
                 any of its officers or directors that involves the matters
                 alleged in such lawsuit and/or relates in any way to the
                 Chapter 11 or Chapter 7 proceedings of FoxMeyer Corporation
                 and certain of its subsidiaries; provided, however, that in
                 accordance with Section E(a) below, the calculation of Net
                 Income shall include any effect on income, operations or other
                 items resulting from the lawsuit styled FoxMeyer Health
                 Corporation v. McKesson Corporation, et al., Cause No.
                 9700311, filed in the 95th Judicial District Court of Dallas
                 County, Texas.

         PURSUANT TO THE APPROVAL OF THIS AMENDMENT NO. 1 BY THE BOARD OF
DIRECTORS OF THE COMPANY, THE COMPANY HEREBY ADOPTS THIS AMENDMENT NO. 1
EFFECTIVE AS OF _______________, 1997.



AVATEX CORPORATION


By:      ________________________
         Edward L. Massman
         Senior Vice President and
         Chief Financial Officer
#### Heather Harja, Also Known as Cassidy Harja, et al., Appellants, v Thomas H. Milhorat, M.D., et al., Respondents.

[942 NYS2d 885] —

In an action, inter alia, to recover damages for fraud and medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCarty, III, J.), entered December 10, 2010, which granted the respective motions of the defendants Thomas H. Milhorat, Paolo A. Bolognese, Misao Nishikawa, L. Thierry Remy, Sol Mora, Dora Pinkhasova, John Xi Chen, North Shore-Long Island Jewish Health System, Inc., Chiari Institute, and Harvey Cushing Institutes of Neuroscience, and the defendant Chanland Roonprapunt pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action, which alleged fraud, insofar as asserted against each of them.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly granted the respective motions of the defendants Thomas H. Milhorat, Paolo A. Bolognese, Misao Nishikawa, L. Thierry Remy, Sol Mora, Dora Pinkhasova, John Xi Chen, North Shore-Long Island Jewish Health System, Inc., Chiari Institute, and Harvey Cushing Institutes of Neuroscience, and the defendant Chanland Roonprapunt to dismiss the third cause of action, which alleged fraud, insofar as asserted against each of them since the injuries arising from the alleged fraud are no different from those resulting from the alleged lack of informed consent and malpractice (see *Simcuski v Saeli,*44 NY2d 442 [1978]; *McNamara v Droesch,*49 AD3d 511 [2008]; *Karlin v IVF Am.,*239 AD2d 560 [1997], *mod on other grounds*93 NY2d 282 [1999]; *Luciano v Levine,*232 AD2d 378 [1996]; *Spinosa v Weinstein,*168 AD2d 32 [1991]). Skelos, J.P., Dickerson, Leventhal and Cohen, JJ., concur.
**Exhibit 99.1**

 

**CONSENT OF NATIONAL CINEMEDIA, LLC**

 

Board of Directors Regal Entertainment Group 7132 Regal Lane Knoxville, TN 37918

 

Members of the Board:

 

We hereby consent to the use by Regal Entertainment Group (the “Company”) of the audited financial statements of National CineMedia, LLC as of and for the year ended December 27, 2012 (and comparative periods) appearing in the Form 10-K/A for the fiscal year ended December 27, 2012 filed by the Company with the Securities and Exchange Commission and any amendment thereto.

 

 
|   | National   CineMedia, LLC                          |
|--------|---------------------------------------------------------|
|   | By   National CineMedia, Inc., its managing member |
|   |                                                    |   |
|   | By:                                                     | /s/ RALPH   E. HARDY |
|   |                                                    | Ralph   E. Hardy |
|   |                                                    | *Executive Vice President, General Counsel and Secretary* |
|   |                                                    | March 26,   2013 |

 

----
##### 



EXHIBIT 32.2 CERTIFICATION ACCOMPANYING PERIODIC REPORT
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Sherice P. Bench, Chief Financial Officer of American Achievement
Corporation (the Company), hereby certify that: (1) The Annual Report of the Company on Form 10-K for the year ended August 28,
2004 (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 as
of the dates and for the periods expressed in the Report. Date: November 4, 2004 /s/ SHERICE P. BENCHName: Sherice P. BenchTitle: Chief Financial Officer
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

,

Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

Nov ember 8 , 2019 

# Order

Clerk Nov ember 8 , 2019

158903 ( 54 ) (55)

FRANK ANTHONY S COLA,

Plaintiff

- Appellant,

SC: 158903

v COA: 338966

Wayne CC: 15

- 002804

- NI

JP MORGAN CHASE BANK, NATIONAL

ASSOCIATION, and JP MORGAN CHASE &

CO.,

Defendants

- Appellees,

and

KATHLEEN SCOLA, ESTATE OF JOHN

BARROW BROWN, and CITY OF WAYNE

,

Defendants.

_________________________________________/

On order of the C hief Justice , the motion of the Michigan Defense Trial Counsel to

extend the time for filing a brief amicus curiae is GRANTED. T he amicus brief will be

accepted for filing if submitted on or before November 27, 2019. On further order of the

Chief Justice, the motion of plaintiff

- appellant to extend the time for f iling his reply is

GRANTED. The reply will be accepted as timely filed if submitted on or before November

8 , 2019.
Exhibit
10.33





Supplemental
Agreement of Lease Agreement for Personal Care Products Production
Equipment





This
Agreement is entered in Wuqing Tianjin on December 31, 2007.





Party A:
Tianjin Tianshi Biological Development Co., Ltd.


Address:
No.6 Yuanquan Road, Wuqing New-tech Industry Park, Tianjin


Legal
Representative: Yiqun Wu





Party B:
Tianjin Tianshi Biological Engineering Co., Ltd.


Address:
No.6 Yuanquan Road, Wuqing New-tech Industry Park, Tianjin


Legal
Representative: Yiqun Wu





After
sufficient negotiations, Party A and Party B agree to make the following
amendments to the “Lease Agreement for Personal Care Products production
Equipment” (the “Lease Agreement”) which was entered into by Party A and Party B
in Wuqing Tianjin on the 31st day of
October 2007.





1. The
Leased Equipment which Party B acknowledged and agreed to rent in the Article
1.1 of the Lease Agreement is amended to as the equipment in the Exhibit 1 of
this Supplemental Agreement.





2. The
Article 4.1 of the Lease Agreement is amended to as “The rent is Renminbi Forty
One Thousand Two Hundred Seventeen Dollars Twenty One Cents (RMB41, 217.21) per
month and RMB Nine Hundred Eighty Nine Thousand Two Hundred Thirteen Dollars
Four Cents (RMB 989,213.04) in total through the lease term”.





Any
inconsistencies between this Supplemental Agreement and the Lease Agreement
shall, if any, be performed pursuant to this Supplemental Agreement. Any issue
not referred to in this Supplemental Agreement shall be performed in accordance
with the Lease Agreement.





This
Supplemental Agreement has the same legal effect as the Lease Agreement and will
be terminated or rescinded when the Lease Agreement is terminated or
rescinded.





This
Supplemental Agreement will become effective as of the day on which this
Supplemental Agreement is signed and sealed by Party A and Party B.





This
Agreement executes in two copies and each party takes one, which shall be in the
same legal effect.








Party A:
Tianjin Tianshi Biological Development Co., Ltd


By:  /s/ Yiqun
Wu


Name:  Yiqun
Wu


Title:  Legal
Representative





Party B:
Tianjin Tianshi Biological Engineering Co., Ltd


By:  /s/ Yiqun
Wu


Name:  Yiqun
Wu


Title:  Legal
Representative
(May 8, 2012)

#### Patricia Atkins-Payne, Appellant, v Tyrone Branch et al., Respondents.

[944 NYS2d 269]—

In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated April 29, 2011, as, upon denying her motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint, sua sponte, in effect, directed the dismissal, with prejudice, as time-barred, of all causes of action to recover damages for fraud.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order dated April 29, 2011, as, sua sponte, in effect, directed the dismissal, with prejudice, as time-barred, of all causes of action to recover damages for fraud is deemed an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated April 29, 2011, is reversed insofar as appealed from, on the law, with costs.

The plaintiff moved pursuant to CPLR 3215 for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint. The Supreme Court denied the plaintiff’s motion on the ground that she had failed to effect proper service on any of the defendants. In addition, the Supreme Court, sua sponte, in effect, directed the dismissal, with prejudice, as time-barred, of all causes of action to recover damages for fraud, based upon the dates of certain transactions as alleged in the plaintiffs papers. None of the defendants had moved to dismiss those causes of action as time-barred, and the plaintiff was not given the opportunity to submit argument or evidence that those causes of action were timely pursuant to CPLR 213 (8). The plaintiff appeals from so much of the order as sua sponte, in effect, directed the dismissal, with prejudice, of the causes of action to recover damages for fraud. We reverse the order insofar as appealed from.

“A court’s power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal” *(U.S. Bank, N.A. v Emmanuel,*83 AD3d 1047, 1048 [2011]; *see Rienzi v Rienzi,*23 AD3d 450 [2005]). Here, the Supreme Court was not presented with any extraordinary circumstances warranting dismissal of the causes of action *913to recover damages for fraud. Accordingly, the Supreme Court erred in sua sponte, in effect, directing the dismissal, with prejudice, of those causes of action *(see During v City of New Rochelle, N.Y.,*55 AD3d 533, 534 [2008]). Angiolillo, J.P., Dickerson, Leventhal and Miller, JJ., concur.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 700 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 700

 To amend the Internal Revenue Code of 1986 to permanently extend the 
treatment of certain farming business machinery and equipment as 5-year 
                 property for purposes of depreciation.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2011

 Ms. Klobuchar (for herself, Mr. Moran, Ms. Stabenow, and Mr. Roberts) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to permanently extend the 
treatment of certain farming business machinery and equipment as 5-year 
                 property for purposes of depreciation.

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

SECTION 1. CERTAIN FARMING BUSINESS MACHINERY AND EQUIPMENT TREATED AS 
              5-YEAR PROPERTY.

    (a) In General.--Clause (vii) of section 168(e)(3)(B) of the 
Internal Revenue Code of 1986 is amended by striking ``, and which is 
placed in service before January 1, 2010''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2009.
                                 <all>
```
Exhibit 99.1

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 Eon Labs, Inc. (the "Company") on Form 10-K for the year ended December 31, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Bernhard Hampl, Ph.D., Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|/s/ BERNHARD HAMPLBernhard Hampl, Ph.D. Chief Executive Officer and President |  | 
|----------------------------------------------------------------------------- |  | 

March
27, 2003

---

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