alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Steve Pato, Respondent, v Sweeney Steel Service Corp., Appellant.

—Judgment and order unanimously affirmed, with costs. Memorandum: Plaintiff lost his right arm when he was struck by an overhead crane while painting the inside of a building leased by defendant. Plaintiff sued defendant alleging that at the time of the accident he was not an employee of defendant but was employed by Buffalo Labor Temp. Plaintiff alleged causes of action for defendant’s negligent supervision, failure to warn, and failure to provide a safe place to work. Defendant alleged as an affirmative defense that plaintiff was an employee of defendant and that workers’ compensation was plaintiff’s exclusive remedy. The trial court charged the jury *985that whether plaintiff was a special employee of defendant was a question for the jury to decide. The jury found that plaintiff was not a special employee, that defendant breached its duty to provide a safe workplace, that the breach was a proximate cause of plaintiff’s injuries and that plaintiff was not contributorily negligent.

Plaintiff was employed by Buffalo Labor Temp, which was in the business of supplying labor on a day-to-day basis to companies, such as defendant. The question of whether plaintiff was a special employee of the defendant was a question of fact for the jury *(Stone v Bigley Bros.,*309 NY 132; *Irwin v Klein,*271 NY 477). On this record, the evidence was sufficient to support the verdict *(Poppenberg v Reliable Maintenance Corp.,*89 AD2d 791; *Brooks v Chemical Leaman Tank Lines,*71 AD2d 405; *Hill v Erdle Perforating Co.,*53 AD2d 1008). Defendant’s reliance on *O'Rourke v Long*(41 NY2d 219) is misplaced because there plaintiff conceded that he was employed by the defendant, while here the plaintiff’s employment status was a key factual issue at trial. We have considered defendant’s remaining claims and find them without merit. (Appeal from judgment and order of Supreme Court, Erie County, Joslin, J.—negligence.) Present—Doerr, J. P., Denman, Green, O’Donnell and Schnepp, JJ.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 311 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 311

     To authorize the printing of a collection of the rules of the 
                       committees of the Senate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2011

 Mr. Schumer submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
     To authorize the printing of a collection of the rules of the 
                       committees of the Senate.

    Resolved, That a collection of the rules of the committees of the 
Senate, together with related materials, be printed as a Senate 
document, and that there be printed 250 additional copies of such 
document for the use of the Committee on Rules and Administration.
                                 <all>
```
Exhibit 11.1


                     ANCHOR HOLDINGS, INC. AND SUBSIDIARIES
                SCHEDULE OF COMPUTATION OF NET EARNINGS PER SHARE
                                   (Unaudited)


<TABLE>
<CAPTION>

                                                                  Thirteen weeks ended                  Thirty-nine weeks ended
                                                           September 27,      September 28,       September 27,       September 28,
                                                               1997               1996                1997                1996
                                                               ----               ----                ----                ----
<S>                                                            <C>             <C>                 <C>                    <C> 
Net income before extraordinary item
   cumulative effect.....................................     $(1,017)         $   (381)           $     293              $2,457
Extraordinary item.......................................          --               --                (1,210)                 --
Net Income (loss)........................................     $(1,107)         $   (381)           $   ( 917)             $2,457
                                                              =======          ========            =========              ======

Common shares outstanding................................       1,551             1,018                1,370               1,018
Common equivalent shares issuable upon exercise
   of stock options and warrants (1).....................          --               400                   --                 400
                                                              -------          --------            ---------              ------

Total weighted average shares............................       1,551             1,418                1,370               1,418
                                                              -------          --------            ---------              ------
 
Earnings per common and equivalent share before
   extraordinary item....................................     $ (0.71)         $  (0.27)            $  (0.21)             $ 1.73
Extraordinary item per common and equivalent
   shares................................................          --             (0.88)                0.00                0.00
                                                              -------          --------            ---------              ------

Earnings per common and equivalent share.................     $ (0.71)         $  (0.27)            $  (0.67)             $  1.73
                                                              =======          ========            =========              =======
</TABLE>


Notes:

(1) Amount calculated using the modified treasury stock method and fair market
values.
Form of Common Stock Certificate



 Exhibit 4.15 
  
 FULLY PAID AND NON-ASSESSABLE SHARES OF THE PAR VALUE OF $0.01 EACH, OF THE COMMON STOCK OF KAR
Auction Services, Inc. transferable on the books of the Corporation by the holder hereof in person or by duly authorized attorney upon surrender of this certificate properly endorsed. This certificate is not valid unless countersigned and registered
by the Transfer Agent and Registrar. WITNESS the facsimile signatures of the duly authorized officers of the Corporation. Dated: SEE REVERSE FOR CERTAIN DEFINITIONS CUSIP 48238T 10 9 THIS CERTIFIES THAT IS THE OWNER OF KAR INCORPORATED UNDER THE
LAWS OF THE STATE OF DELAWARE EXECUTIVE VICE PRESIDENT, GENERAL COUNSEL AND SECRETARY PRESIDENT AND CHIEF EXECUTIVE OFFICER COUNTERSIGNED AND REGISTERED: AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC (New York, NY) TRANSFER AGENT AND
REGISTRAR BY: AUTHORIZED SIGNATURE 
  
 

 







 

 
  
 For
value received, hereby sell, assign and transfer unto The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations:
TEN COM TEN ENT JT TEN – as tenants in common – as tenants by the entireties – as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT– Custodian (Cust) (Minor) under Uniform Gifts to Minors Act
(State) THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER. PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING
POSTAL ZIP CODE OF ASSIGNEE Shares of the common stock represented by the within Certificate, and do hereby irrevocably constitute and appoint PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE to transfer the said stock on the
books of the within-named Corporation with full power of substitution in the premises. Dated SIGNATURE(S) GUARANTEED: THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND
CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15. Additional abbreviations may also be used though not in the above list. NOTICE: Attorney
ex_263536.htm


Exhibit 10.3


 


 


AMENDMENT No. 2


to the EXECUTIVE EMPLOYMENT AGREEMENT


 


This Amendment No. 2 (“Amendment”) is entered into effective as of October 31, 2020 (“Amendment Effective Date”) by and between CYTOCOM, INC. a Delaware corporation (“CYTOCOM”) and Michael Handley (the “Executive”). CYTOCOM and Executive are each referred to individually as a “Party” and together as the “Parties”.


 


WHEREAS, CYTOCOM and Executive are parties to an Executive Employment Agreement with an effective date of August 1, 2020 (the “Agreement”); and


 


WHEREAS, the Parties mutually desire to amend, modify and restate certain terms and conditions of the Agreement regarding equity compensation.


 


NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is mutually agreed as follows:


 


	
			1.

				
			DEFINITIONS. Unless otherwise defined herein, capitalized words in this Amendment shall have the meaning attributed to them in the Agreement.

			



 


	
			2.

				
			AMENDMENTS. The Parties agree that, as of the Amendment Effective Date, the Agreement is amended as set forth in this Section 2.

			



 


	
			2.1

				
			The time period of six (6) months identified in each of Sections 4.1(d)(ii)(A), 4.1(d)(ii)(B), 4.1(e)(ii)(A), and 4.1(e)(ii)(B) is hereby amended to recite that each of such time periods is twelve (12) months.

			



 


	
			3.

				
			INTEGRATION. Except for the sections of the Agreement specifically amended hereunder, all terms and conditions of the Agreement remain and shall remain in full force and effect. This Amendment shall hereafter be incorporated into and deemed part of the Agreement and any future reference to the Agreement shall include the terms and conditions of this Amendment.

			



 


IN WITNESS WHEREOF, the Parties intending to be bound have caused this Amendment to be executed by their duly authorized representatives.


 


	CYTOCOM, INC.	 	 	EXECUTIVE	 	 



 


	By:	/s/ Peter Aronstam	 	By:	/s/ Michael Handley	 
	 	 	 	 	 	 
	Name:	Peter Aronstam	 	Name:	Michael Handley	 
	 	 	 	 	 	 
	Title:	CFO	 	Title:	CEO	 



 


 


 


 


 


 


 


 


 


 


 


 


 


	Version: 30 October 2020	Page 1 of 1
**Exhibit 15.1**

The Board of Directors and Shareholders 

Gulf Island Fabrication, Inc. 

We are aware of the incorporation by reference in the Registration Statement (Form S-3 No. 333-144672), the Registration Statement (Form S-8 No. 333-46155) pertaining to the Long-Term Incentive Plan and theRegistration Statement (Form S-8 No. 333-88466) pertaining to the 2002 Long-Term Incentive Plan, of our reports dated April 27, 2007 and July 26, 2007, relating to the unaudited condensed consolidated financial statements of GulfIsland Fabrication, Inc. that are included in its Forms 10-Q for the quarters ended March 31, 2007 and June 30, 2007. 

 

New Orleans, Louisiana 

July 26, 2007
EXHIBIT 32.2

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of Entrust, Inc., a Maryland corporation (the Company), hereby certifies, to such officers knowledge, that:

The
quarterly report on Form 10-Q for the quarter ended March 31, 2006 (the Report) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the
Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                  |  |        |  |                        
|----------------- |  | ------ |  | -----------------------
|Date: May 4, 2006 |  |        |  | /s/ David J. Wagner    
|                  |  | Name:  |  | David J. Wagner        
|                  |  | Title: |  | Chief Financial Officer
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Page 41028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16327]


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

DEPARTMENT OF THE DEFENSE

Department of the Army, Corps of Engineers


Withdrawal of the Notice of Intent To Prepare an Environmental 
Impact Statement for the Carpinteria Shoreline, a Feasibility Study in 
the City of Carpinteria, Santa Barbara County, CA

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of intent; withdrawal.

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

SUMMARY: The U.S. Army Corps of Engineers, Los Angeles District, 
Planning Division is notifying interested parties that it has withdrawn 
the Notice of Intent (NOI) to develop an environmental impact statement 
(EIS) for the proposed Carpinteria Shoreline General Investigation (GI) 
feasibility study. The original NOI to prepare a EIS was published in 
the Federal Register on September 11, 2003. The proposed Carpinteria 
Shoreline GI feasibility study is being converted to a Continuing 
Authority Program (CAP) study.

DATES: The notice of intent to prepare an EIS published in the Federal 
Register on September 11, 2003 (68 FR 53598), is withdrawn as of July 
30, 2021.

ADDRESSES: U.S. Army Corps of Engineers, Los Angeles District, 
Environmental Resources Branch, (CESPL-PDR), 915 Wilshire Blvd., Suite 
930, Los Angeles, CA 90017-3489.

FOR FURTHER INFORMATION CONTACT: Questions regarding the withdrawal of 
this NOI should be addressed to Mr. Kirk Brus, 213-452-3876, or 
<a href="/cdn-cgi/l/email-protection#dcb7b5aeb7f2bff2beaea9af9ca9afbdbfb9f2bdaeb1a5f2b1b5b0"><span class="__cf_email__" data-cfemail="a8c3c1dac386cb86cadadddbe8dddbc9cbcd86c9dac5d186c5c1c4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Study efforts in the Carpinteria study area 
will be converted to the Continuing Authorities Program (CAP) Section 
103 which addresses projects of limited size, cost and complexity for 
Hurricane and Storm Damage Reduction.

Antoinette R. Gant,
Colonel, U.S. Army, Division Commander.
[FR Doc. 2021-16327 Filed 7-29-21; 8:45 am]
BILLING CODE 3720-58-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1998 AND THE CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE YEAR ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                             341
<SECURITIES>                                         0
<RECEIVABLES>                                      125
<ALLOWANCES>                                        10
<INVENTORY>                                         55
<CURRENT-ASSETS>                                   744
<PP&E>                                           1,334
<DEPRECIATION>                                     680
<TOTAL-ASSETS>                                   1,738
<CURRENT-LIABILITIES>                            2,340
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                       (605)
<TOTAL-LIABILITY-AND-EQUITY>                     1,738
<SALES>                                            611
<TOTAL-REVENUES>                                 1,886
<CGS>                                              523
<TOTAL-COSTS>                                      627
<OTHER-EXPENSES>                                 2,983
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 641
<INCOME-PRETAX>                                (2,365)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,365)
<EPS-PRIMARY>                                   (0.80)
<EPS-DILUTED>                                   (0.80)
        

</TABLE>
Exhibit 32.1


                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 quarterly report on Form 10-Q of Franklin Street
Properties Corp. (the "Company") for the period ended March 31, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, George J. Carter, President and Chief Executive Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

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

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


Date:  May 8, 2006                  /s/ George J. Carter
                                    ----------------------
                                    George J. Carter
                                    President and Chief Executive Officer
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FON
         Digital
         Network, Inc.

                            MEMORANDUM OF ACQUISITION


The execution of this memo will serve as an instrument  of  acquisition  of Tech
Tel Communications, Inc. ("Tech Tel") a Delaware corporation.

FON Digital  Network,  Inc.  (OTCBB  listed  "FDNI") will issue 50,000 shares of
stock to be distributed to the shareholders of Tech Tel and certain other people
on release of  liabilities  (See  schedule "A") in exchange for 100% of the Tech
Tel stock.

It is my  understanding  that all  material  bills are  current  other  than the
outstanding balance due to Bell South and approximately $8,000 in taxes.

Upon the  execution  of this  agreement  FON will have the power to assist  Tech
Tel's new president Arlene Powers in taking Tech Tel down telegraph road.

---------------------------
Greg Foutz, President

---------------------------
Arlene Powers, President


                       DISTRIBUTION BY TECH TEL FDNI STOCK


                                  Schedule "A"

1.       Lakewood Manufacturing Company                            20,000 shares

2.       Arlene Powers                                             10,000 shares

3.       Carrington Capital Corp.                                  10,000 shares

4.       The Yankee Companies, Inc.                                 5,000 shares

5.       Colmena Corp.                                              5,000 shares
                                                                     -----------

                                                                   50,000 shares
/s/ Greg Foutz
----------------------------
Greg Foutz, President

/s/ Arlene Powers
----------------------------
Arlene Powers, President

                                      Page 338