alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Waiver



 Exhibit 10.4 
 

 
 FORM OF WAIVER 
 In consideration for the benefits I will receive as a result of my employer’s participation in the United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily waive any claim against the United
States or my employer for any changes to my compensation or benefits that are required to comply with the regulation issued by the Department of the Treasury as published in the Federal Register on October 20, 2008. 
 I acknowledge that this regulation may require modification of the compensation, bonus, incentive and other benefit plans, arrangements, policies and agreements
(including so-called “golden parachute” agreements) that I have with my employer or in which I participate as they relate to the period the United States holds any equity or debt securities of my employer acquired through the TARP Capital
Purchase Program. 
 This waiver includes all claims I may have under the laws of the United States or any state related to the requirements imposed by the
aforementioned regulation, including without limitation a claim for any compensation or other payments I would otherwise receive, any challenge to the process by which this regulation was adopted and any tort or constitutional claim about the effect
of these regulations on my employment relationship. 
  

	
	  

	[Name]


 Dated: November 21, 2008
#### Elaine Shulman, Appellant, v Jack Shulman, Respondent.

—In a matrimonial action, the plaintiff wife appeals from so much of an order of the Supreme Court, Westchester County (Isseks, J.), dated November 27, 1985, as, upon the defendant husband’s application for pendente lite custody of the infant son of the parties, granted him unsupervised visitation with the child on Saturday afternoons from noon to 3:00 p.m., pending a hearing on the custody application.

Order modified by deleting from the second decretal paragraph the words "unsupervised visitation with the infant child on Saturday afternoon from noon to 3 p.m.,” and substituting therefor the words "visitation with the infant child on Saturday afternoons from noon to 3 p.m., which shall be supervised by a person mutually agreeable to both parents.” As so modified, order affirmed insofar as appealed from, without costs or disbursements. The matter is remitted to the Supreme Court, Westchester County, for an immediate hearing on the issue of custody.

Since there is evidence in the record which indicates that the defendant may suffer from emotional and mental problems, Special Term improvidently granted him unsupervised visitation with the infant child based solely upon a reading of the submitted papers, pending a hearing *(see, Katz v Katz,*97 AD2d 398; *Schlessel v Schlessel,*75 AD2d 869). Lazer, J. P., Thompson, Bracken and Rubin, JJ., concur.
II

Calendar No. 359

105TH CONGRESS

2D SESSION S. 1525

To provide financial assistance for higher education to the dependents of

Federal, State, and local public safety officers who are killed or permanently and totally disabled as the result of a traumatic injury sustained

in the line of duty.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 12, 1997

Mr. SPECTER (for himself, Mr. BIDEN, Mr. DODD, Mr. COVERDELL, Mr.

LEAHY, Mr. D’AMATO, and Mr. DURBIN) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

MAY 7, 1998

Reported by Mr. HATCH, without amendment

A BILL

To provide financial assistance for higher education to the

dependents of Federal, State, and local public safety

officers who are killed or permanently and totally disabled as the result of a traumatic injury sustained in

the line of duty.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1525 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Public Safety Officers

3 Educational Assistance Act of 1998’’.

4 SEC. 2. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION

5 TO DEPENDENTS OF PUBLIC SAFETY OFFI6 CERS KILLED OR PERMANENTLY AND TO7 TALLY DISABLED IN THE LINE OF DUTY.

8 Part L of the Omnibus Crime Control and Safe

9 Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amend10 ed—

11 (1) in the heading for subpart 2, by striking

12 ‘‘Civilian Federal Law Enforcement’’ and

13 inserting ‘‘Public Safety’’;

14 (2) in section 1211(1), by striking ‘‘civilian

15 Federal law enforcement’’ and inserting ‘‘public

16 safety’’;

17 (3) in section 1212(a)(1)(A), by striking ‘‘Fed18 eral law enforcement’’ and inserting ‘‘public safety’’;

19 (4) in section 1216(a), by inserting ‘‘and each

20 dependent of a public safety officer killed in the line

21 of duty on or after October 1, 1997,’’ after ‘‘1992,’’;

22 and

23 (5) in section 1217—

24 (A) by striking paragraph (2); and

25 (B) by redesignating paragraphs (3) and

26 (6) as paragraphs (2) and (3), respectively.

Calendar No. 359

105TH CONGRESS

2D SESSION S. 1525

A BILL

To provide financial assistance for higher education

traumatic injury sustained in the line of duty.nently and totally disabled as the result of apublic safety officers who are killed or permato the dependents of Federal, State, and local

MAY 7, 1998

Reported without amendment
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JAY JOHNSON,

 Plaintiff - Appellant,

 v.

WINN PROPERTIES; et al.,

 Defendants - Appellees,

No. 09-55184

D.C. No. 5:08-cv-00091-SGL-JCR

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Stephen G. Larson, District Judge, Presiding

Submitted August 11, 2011** 

Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.

Jay Johnson appeals pro se from the district court’s order dismissing his

action under the Fair Housing Act arising from his eviction from low income

housing. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, and

may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d

FILED

AUG 15 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-55184

1055, 1058-59 (9th Cir. 2008). We affirm.

Dismissal of Johnson’s action was proper because Johnson failed to state a

claim for housing discrimination or violations of state law, despite having been

granted leave to amend. See Cal. Health & Safety Code § 51066(c) (“Before a

right to a hearing vests, the tenant shall pay rent for the two-week hearing period to

the owner or to an escrow account of the agency. . . .”); Giebeler v. M & B Assocs.,

343 F.3d 1143, 1147 (9th Cir. 2003) (elements of handicap discrimination claim

under the Fair Housing Act); Gilligan v. Jamco Dev. Corp., 108 F.3d 246, 250 (9th

Cir. 1997) (Fair Housing Act provides a private right of action for an “aggrieved

person” subjected to “an alleged discriminatory housing practice” (citation and

internal quotation marks omitted)); Wiley v. County of San Diego, 966 P.2d 983,

985 (Cal. 1998) (elements of legal malpractice); Davidson v. City of Westminster,

649 P.2d 894, 901 (Cal. 1982) (elements of intentional infliction of emotional

distress). 

We do not consider facts presented for the first time on appeal. See United

States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).

Johnson’s remaining contentions are unpersuasive.

AFFIRMED.
CHINA STEEL CORPORATION

CABLE ADDRESS:                LIN HAI INDUSTRIAL DISTRICT
STEEL MILL KAOHSIUNG          P.O. BOX 47-29
TELEX  :71108 STLMILL         HSIAO KANG, KAOHSIUNG             TELEPHONE
TELEFAX  :(07)8022511         TAIWAN, REPUBLIC OF CHINA         (07) 8021111


ETS INTERNATIONAL, INC.                               Date:  July 8, 1997
1401 Municipal Road, NW                               Ref:  86-C14-000893
Roanoke, Virginia  24012-1309
U.S.A.

                               Letter of Intent
                               ----------------

Reference:  CSC Job No. 86CTQ-0019 for 3 Sets of Flue Gas Desulfurization
            (FGD) System and Auxiliaries.



Dear Sir,

As a result of final price comparison held on July 7, 1997, we hereby confirm
that we will sign a contract with your esteemed company based on the terms
and conditions as specified in the Minutes of Meetings signed by both parties
on July 2, 1997.  The final contract price shall be US$2,006,000.-plus
NT$113,042,500.-

We appreciate your effort in preparing a proposal and clarifying prices and
specifications, and hope to have your continued cooperation.

                                    Sincerely yours,

                                    CHINA STEEL CORPORATION


                                    s/Jo. Chi. Tsou
                                    -----------------------------------
                                    J.C. Tsou

                                    Vice President - Commercial
<PAGE>
(April 19, 2012)

#### The People of the State of New York, Respondent, v Quayvon Young, Appellant.

[942 NYS2d 379]

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 21, 2010, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.

Defendant and four codefendants were involved in a brutal attack upon two females during which their property was forcibly taken. In satisfaction of the charges against him, defendant pleaded guilty to attempted robbery in the second degree and waived his right to appeal. In accordance with the terms of the plea agreement, he was sentenced to six years in prison, to be followed by three years of postrelease supervision. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel’s brief and defendant’s pro se *1292submission, we agree. Therefore, the judgment is affirmed and counsel’s request for leave to withdraw is granted *(see People v Cruwys,*113 AD2d 979, 980 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Peters, EJ., Mercure, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, James R. Murphy, certify that:

1. I have reviewed this annual report on Form 10-K of Bentley Pharmaceuticals,
Inc.;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

         (a) designed such disclosure controls and procedures 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 annual report is being prepared;

         (b) evaluated the effectiveness of the registrant's disclosure controls
and procedures as of a date within 90 days prior to the filing date of this
annual report (the "Evaluation Date"); and

         (c) presented in this annual report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

         (a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         (b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. The registrant's other certifying officer and I have indicated in this annual
report whether or not there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  March 4, 2004

/s/ James R. Murphy
-------------------
James R. Murphy
Chairman of the Board of Directors,
President and Chief Executive Officer
(Principal Executive Officer)
<PAGE>   1
                                                                   EXHIBIT 10.4

                             WOLVERINE TUBE, INC.
                           LONG-TERM INCENTIVE PLAN

The Wolverine Tube, Inc. Long-Term Incentive Plan (the LTIP) is designed to
reward selected senior executives for sustained, outstanding, company-wide
performance over four-year periods.

PARTICIPATION

This plan applies to the Chief Executive Officer (CEO) and selected senior
executives whom the CEO shall designate and who are approved for participation
by the Compensation Committee and the Board of Directors of the company.

INCENTIVE BASIS

The plan is composed of one element:  Earnings Before Interest and Taxes (EBIT)
Return on Total Capital (ROTC), with Total Capital defined as the sum of
average Shareholders' Equity plus Long and Short-Term Debt and Notes Payable.
The LTIP performance goal will be set at the beginning of each four-year
performance period and progress toward this goal will be announced
periodically.

MEASUREMENT

The company's ROTC will be measured annually and, for purposes of the LTIP,
averaged over the full, four-year performance period to produce a single number
which is the simple average ROTC for the entire LTIP period.  Each LTIP
performance period will be four years, and new LTIPs will begin at the start of
every fiscal year.  Hence, the overall program has an overlapping or "rolling
plans" structure, with a new plan rolling out every year.

The LTIP will begin accumulating funds for payout once Wolverine's average ROTC
for the four-year period from fiscal year 1996 through 1999 exceeds 16%. 
Target LTIP payments will be earned at 21% average ROTC for the full period,
and payments which are double the size of target awards will be earned at 26%
average ROTC.  All performance points between 16%, 21% and 26% ROTC will have
differing payout values which should be mathematically interpolated.  For
results above 26%, the same mathematical interpolation technique should be used
to determine the payout values, since the program is not capped.
<PAGE>   2
INDIVIDUAL AND AGGREGATE EARNINGS OPPORTUNITIES UNDER THE LTIP

According to the formula described immediately above, the executive participants
in the LTIP will earn threshold payments at 16% average ROTC, target payments at
21%, and twice target at 26%. Opportunities, expressed as a percent of the
individual's average salary for the full four-year period is as shown below:

<TABLE>
<CAPTION>

                         PAYMENT PERCENT OF SALARY AT:
                         -----------------------------
                THRESHOLD               TARGET          TWICE TARGET
                ---------               ------          ------------
                  <S>                   <C>                <C>
                  30.5%                 40.0%              80.0%
</TABLE>

PAYMENT

Payments will be made as soon as is practical after the company's audited
financial statements have been prepared after the close of the fourth fiscal
year in the LTIP performance period.  The payments will be made fully in cash.















                                      -2-
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 New Orleans, Louisiana
 close




            Search small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home People & Locations







Janell M Becker
                        Location Support Staff

                        




                        
                        Administrative Officer
                        Phone: (504) 286-4311
                        
                        
                        Fax: (504) 286-4221(Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
II

105TH CONGRESS

1ST SESSION S. 1558

To amend the Harmonized Tariff Schedule of the United States with respect

to shadow mask steel.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 13, 1997

Mr. D’AMATO introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Harmonized Tariff Schedule of the United

States with respect to shadow mask steel.

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

3 SECTION 1. SHADOW MASK STEEL.

4 Chapter 72 of the Harmonized Tariff Schedule of the

5 United States is amended as follows:

6 (1) Such chapter is amended by striking sub7 heading 7209.18.25 and inserting the following new

8 subheadings, with the article descriptions for such

9 subheadings having the same degree of indentation

10 as the article description for subheading 7211.23.15:
2

•S 1558 IS

‘‘ Other:

Of a thickness of less than

0.361mm (blackplate):

7209.18.25 Of a kind for use in making aperture masks for

cathode-ray tube video displays ................................. Free Free (E, IL, J)

Free (CA)

Free (MX)

28%

7209.18.30 Other ................................ 2.2% Free (E, IL, J)

0.3% (CA)

1.9% (MX)

20%

’’.

1 (2) Such chapter is amended by striking sub2 heading 7211.23.60 and inserting the following new

3 subheadings, with the article descriptions for sub4 headings 7211.23.60 and 7211.23.65 having the

5 same degree of indentation as the article description

6 for subheading 7211.23.45:

‘‘ Other:

7211.23.60 Of a thickness exceeding

1.25mm ................................ 3.6% Free (E, IL, J)

0.2% (CA)

1.4% (MX)

25%

7211.23.65 Of a thickness exceeding

0.25mm but not exceeding

1.25mm ................................ 3.6% Free (E, IL, J)

0.2% (CA)

1.4% (MX)

25%

Of a thickness not exceeding

0.25mm:

7211.23.70 Of a kind for use in making aperture masks for

cathode-ray tube video displays ................................. Free Free (E, IL, J)

Free (CA)

Free (MX)

28%

7211.23.75 Other ................................ 3.6% Free (E, IL, J)

0.2% (CA)

1.4% (MX)

25%

’’.

7 (3) Such chapter is amended by striking sub8 heading 7225.50.80 and inserting the following new

9 subheadings, with the article descriptions for sub10 heading 7225.50.80 having the same degree of in11 dentation as the article description for subheading

12 7211.23.15:
3

•S 1558 IS

‘‘ Other:

7225.50.80 Of high-nickel alloy steel ...... 2.8% Free (E, IL, J)

0.4% (CA)

2.4% (MX)

28%

Other:

7225.50.85 Of a kind for use in making aperture masks for

cathode-ray tube video displays ................................. Free Free (E, IL, J)

Free (CA)

Free (MX)

28%

7225.50.90 Other: 2.8% Free (E, IL, J)

0.4% (CA)

2.4% (MX)

28%

’’.

1 SEC. 2. APPLICABILITY.

2 The amendments made by section 1 shall apply with

3 respect to goods entered, or withdrawn from warehouse

4 for consumption, on or after the 15th day after the date

5 of the enactment of this Act.

Æ