alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ADDENDUM TO LICENSING AGREEMENT

Addendum to the License Agreement between Community Alliance, Inc. and
Rachelle Hagerty, dated November 28, 2005 and the Addendum to Licensing
Agreement dated October 31, 2007.

WHEREAS, Paragraph 5.01 under Paragraph 5  LICENSE FEE, of the License
Agreement, as amended, calls for a payment in the amount of $1,000 to
be paid on June 30, 2008 and a final payment in the amount of $7,000 to
be paid on or before December 31, 2008 toward the License Fee, the
parties desire to amend Paragraph 5.01.

The paragraph reads in the Addendum to the Licensing Agreement reads:

         5.  LICENSE FEE.

                  5.01 For use of the INTELLECTUAL PROPERTY as described in
this Agreement, LICENSEE agrees to pay to LICENSOR a license fee of ten
thousand dollars ($10,000.00), on with an initial payment of Two
Thousand Dollars ($2,000.00) ( the "Initial Payment") to be paid with
the signing of this Agreement, a second payment in the amount of One
Thousand Dollars ($1,000.00) to be paid on or before June 30, 2008, and
the full balance of Six Thousand Dollars ($7,000.00) due on or before
December 31, 2008.

                  It is now the desire of the parties to change Paragraph
5.01 of the Addendum to licensing Agreement to read as follows:

                  5.01 For use of the INTELLECTUAL PROPERTY as described in
this Agreement, LICENSEE agrees to pay to LICENSOR a license fee of ten
thousand dollars ($10,000.00), on with an initial payment of Two
Thousand Dollars ($2,000.00) ( the "Initial Payment") to be paid with
the signing of this Agreement, a second payment in the amount of One
Thousand Dollars ($1,000.00) to be paid on or before December 31, 2008,
and the full balance of Seven Thousand Dollars ($7,000.00) due on or
before December31, 2009.


This addendum is dated July 3, 2008

Community Alliance, Inc.

By:  /s/ Phil E. Ray
     --------------------------
	     Phil E. Ray - President

Licensee

By:  /s/ Rachelle Hagerty
     --------------------------
     Rachelle Hagerty
<PAGE>   1
                                                                  EXHIBIT 10.4


                              [FUJITSU LETTERHEAD]


The Dai-Ichi Kangyo Bank, Ltd.
New York Branch
One World Trade Center, Suite 4911
New York, New York 10048

                                                                OCTOBER 29, 1997


                               LETTER OF GUARANTY

Dear Sirs,

In consideration of your making loan of up to the amount of US$ 20,000,000.00 
(in words: U.S. Dollars twenty million only) to ROSS Technology, Inc.
(hereinafter called the "Company"), having its principal office in Austin,
Texas and subsidiary of FUJITSU LIMITED, organized under the laws of Japan and
having its principal office at B-1, Marunouchi 1-chome, Chiyoda-ku. Tokyo 100,
Japan, under a certain loan facility (hereinafter called the "Loan Facility")
between you and the Company, we hereby irrevocably guarantee the full and
punctual payment by the Company of its indebtedness pursuant to the terms of
the Loan Facility, provided that in no event will our obligations and
liabilities hereunder exceed US$ 20,000,000.00.

The term "Indebtedness" as used in this Guaranty means all outstanding
obligations and liabilities of the Company arising out of or in connection with
the loans made under the Loan Facility, whether principal, interest or
expenses, to be paid by the Company pursuant to the terms of the Loan Facility.

If and to the extent the Company fails to make a full and punctual payment
pursuant to the terms of the Loan Facility, we will, within the reasonable time
of the receipt of your demand, pay you the Indebtedness subject to the
limitation set forth in the first sentence of this Guaranty.

We hereby waive notice of acceptance of the Guaranty, and any right to require
you to proceed against the Company.

<PAGE>   2
The issuance of this Guarantee will supersede and terminate the Guarantee
issued on November 18, 1996 and February 20, 1997.

This Guaranty will be a continuing one and will terminate on March 31, 1998,
but such termination will not release us from our obligations and liabilities
hereunder existing on and as of the date of such termination.

This Guaranty will be governed by and construed in accordance with the law of
Japan.                  


Yours sincerely,

/s/ [Japanese characters]                    [OFFICIAL SEAL]
**Exhibit 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-132130 and 333-138826) and in theRegistration Statements on Form S-8 (Nos. 333-06563, 333-11451, 333-28927, 333-28929, 333-35651, 333-71913, 333-80065, 333-80963, 333-103595, 333-109755, 333-115583, 333-131144 and 333-138828) of our reports dated March 15, 2007, with respectto the consolidated financial statements and schedule of Secure Computing Corporation, Secure Computing Corporation management’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of Secure Computing Corporation, included in this Annual Report (Form 10-K) for the year ended December 31, 2006. 

 

/S/    ERNST & YOUNG LLP 

 

Minneapolis, Minnesota 

March 15, 2007
#### Lloyd Marksamer, Respondent, v Engel Burman Senior Housing at Massapequa, LLC, Appellant.

[944 NYS2d 595]—

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Asarch, J.), entered June 23, 2011, as denied *964that branch of its motion which was for summary judgment dismissing the first cause of action alleging common-law negligence.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant’s motion which was for summary judgment dismissing the first cause of action alleging common-law negligence is granted.

Jesse N. Marksamer (hereinafter the decedent) was a resident at the defendant’s facility known as the Bristal Assisted Living at Westbury, which was licensed as an “enriched housing program” *(see*Social Services Law § 2 [28]; 18 NYCRR 488.1 *et seq.).*On October 16, 2008, when the decedent was 91 years old, he joined three or four other residents on a bowling outing to South Levittown Lanes, accompanied by the assistant recreation director of the defendant’s staff. While attempting to bowl, the decedent purportedly jogged to the line, lost his balance, fell, and fractured his hip. Deposition testimony established that, during his approximately three years residing at the defendant’s facility, the decedent ambulated independently, was physically active, and often participated in dances, group exercise sessions, and outings. Other evidence indicated that the decedent had fallen on five occasions in 2006 and once in 2008 without significant injury, and had experienced increased confusion and forgetfulness in the spring of 2008. The decedent had participated in previous off-site bowling trips' without incident, the most recent of which was on September 24, 2008, less than a month prior to the subject bowling trip.

In this action, the plaintiff alleges, inter alia, that the defendant was negligent in allowing the decedent to participate in the bowling outing and in failing properly to ensure his safety while bowling. The Supreme Court, inter alia, denied that branch of the defendant’s motion which was for summary judgment on the first cause of action, alleging common-law negligence.

The defendant established prima facie that it did not breach any duty of care owed to the decedent *(see Leichter v Cambridge Dev., LLC,*90 AD3d 557, 558 [2011]; *cf. Kremerov v Forest View Nursing Home, Inc.,*24 AD3d 618, 620-621 [2005]; *see generally Darby v Compagnie Natl. Air France,*96 NY2d 343, 347 [2001]). In opposition, the plaintiff failed to raise a triable issue of fact *(see Zuckerman v City of New York,*49 NY2d 557, 562 [1980]). Accordingly, the Supreme Court should have granted that branch of the motion which was for summary judgment dismissing the first cause of action, alleging common-law negligence. Angiolillo, J.P., Lott, Roman and Miller, JJ., concur. [Prior Case History: 2011 NY Slip Op 31777(11).]
Exhibit 32.1

WRITTEN STATEMENT

OF THE CHIEF EXECUTIVE OFFICER (PRINCIPAL EXECUTIVE OFFICER)

AND THE CHIEF FINANCIAL OFFICER (PRINCIPAL FINANCIAL OFFICER)

PURSUANT TO 18 U.S.C. SECTION 1350

Solely for the purpose of complying with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer (Principal Executive Officer) and Chief Financial Officer (Principal Financial Officer) of Noble International, Ltd. (the
Company), hereby certify that, to the best of our knowledge, the Quarterly Report of the Company on Form 10-Q for the quarter ended June 30, 2007 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 report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |        |  |                                                                                   
|-------------------- |  | ------ |  | ----------------------------------------------------------------------------------
|Date: August 3, 2007 |  | By:    |  | /s/ Thomas L. Saeli                                                               
|                     |  | Name:  |  | Thomas L. Saeli                                                                   
|                     |  | Title: |  | Chief Executive Officer (Principal Executive Officer) of Noble International, Ltd.
|                     |  |       
|Date: August 3, 2007 |  | By:    |  | /s/ David J. Fallon                                                               
|                     |  | Name:  |  | David J. Fallon                                                                   
|                     |  | Title: |  | Chief Financial Officer (Principal Financial Officer) of Noble International, Ltd.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-1473
FRANCISCO JAVIER ROYO, Plaintiff - Appellant, versus COMMONWEALTH OF VIRGINIA JUDICIARY SYSTEM; VIRGINIA DEPARTMENT OF SOCIAL SERVICES; INTERNAL REVENUE SERVICE, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-96-161-R) Submitted: July 23, 1996 Decided: July 30, 1996 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Francisco Javier Royo, Appellant Pro Se. Raymond Lee Doggett, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Francisco Javier Royo appeals the district court's order granting the Commonwealth of Virginia's motion to dismiss on behalfof itself and the Virginia Department of Social Services, and dismissing Royo's complaint with prejudice against all Defendants. We have reviewed the record and find no reversible error. We affirm the district court's grant of the Commonwealth of Virginia's motion to dismiss on the reasoning of the district court. However, we affirm the dismissal of Royo's claims against the Internal RevenueService with the modification that the dismissal is without prejudice. We further deny Royo's motion for general relief and his motion for injunction. We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED
exhibit101.htm


     

     

    
      

      

    

    


      EXHIBIT
10.1

      


      


      


      CLECO
CORPORATION

      2000
LONG-TERM INCENTIVE COMPENSATION PLAN

      Amendment
No. 5

      (Corrective
Section 409A Amendment)

      


      Whereas, Cleco Corporation, a
corporation organized and existing under the laws of the State of Louisiana (the
“Company”), maintains the Cleco Corporation 2000 Long-Term Incentive
Compensation Plan, which plan was first effective as of  January 1,
2000, and has thereafter been amended from time to time (the
“Plan”);

      


      Whereas, certain awards made
or permitted under such Plan may constitute “deferred compensation” within the
meaning of Section 409A of the Internal Revenue Code of 1986, as amended, and
the Plan was previously amended in connection therewith;

      


      Whereas, the Company now
desires to supplement and correct such earlier amendment;

      


      Now, Therefore, Section 12.11
of the Plan, providing for the deferral of grants and awards under the Plan,
shall be deleted and such section marked “Reserved,” effective as of January 1,
2009.

      


      This Amendment No. 5 was
approved by the Board of Directors of Cleco Corporation on December 5, 2008, to
be effective as of the date or dates set forth herein.

      


      


                Cleco Corporation

      


                By:
/s/ George W.
Bausewine

      


                Its:
Senior Vice President, Corporate Services

      


                Date:  December
8, 2008
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EXHIBIT 99.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER



PURSUANT TO



18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Paul DePond, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended
December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial
condition and results of operations of Notify Technology Corporation.



By:

/s/    PAUL F. DEPONDName:

Paul F. DePondTitle:

Chief Executive Officer








I, Gerald W. Rice, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify Technology Corporation.



By:

/s/    GERALD W. RICEName:

Gerald W. RiceTitle:

Chief Financial Officer
Case: 1:03-cv-05733 Document #: 43 Filed: 03/11/05 Page 1 of 1 PageID #:247
#### LONG & RICHARDSON MERCANTILE CO. V. MUSGROVE.

(Decided April 19th, 1910.)

Appeal from Walker Law and Equity Court.

Heard before Hon. T. M. Sowell.

Bankhead & Bankhead, for appellant.

Ernest Lacey, for appellee.

Per curiam.

Appeal dismissed.
Unassociated Document


     

    
      Exhibit
        10.2

       

      SECOND AMENDMENT
        (the
        “Amendment”) dated as of November 26, 2008 (the “Amendment Effective Date”) by
        and between ADVANCED
        PHOTONIX, INC.,
        a
        Delaware corporation (the “Company”) and STEVEN
        WILLIAMSON,
        an
        individual (“Holder”) to that certain SECURED
        PROMISSORY NOTE
        (the
“Note”) dated as of May 2, 2005, as amended by the Amendment dated May 1,
        2008.

       

      The
        Company and Holder have agreed to amend and modify the Note in accordance
        with
        the terms and conditions hereinafter set forth. Unless otherwise defined
        herein,
        capitalized terms shall have the respective meanings assigned to them in
        the
        Note.

      


      NOW,
        THEREFORE, in consideration of the foregoing, the parties, intending to be
        legally bound, hereby agree to replace in its entirety Section 1 of the Note
        as
        follows:

      


      (1) PAYMENT
        OF PRINCIPAL.
        The
        Principal shall be payable in annual installments of THREE HUNDRED THIRTY
        THREE
        THOUSAND THREE HUNDRED THIRTY THREE DOLLARS ($333,333) on the first anniversary
        of the Issuance Date, THREE HUNDRED SIXTY SIX THOUSAND SIX HUNDRED SIXTY
        SEVEN
        DOLLARS ($366,667) on the second anniversary of the Issuance Date, THREE
        HUNDRED
        THOUSAND DOLLARS ($300,000) on
        December 1, 2008, THREE HUNDRED THOUSAND DOLLARS ($300,000) on
        April
        1, 2009, and a final installment of SIX HUNDRED THIRTY THREE THOUSAND SIX
        HUNDRED SIXTY SEVEN DOLLARS ($633,667) on November 2, 2009 (the “Maturity
        Date”).

      


      Except
        to
        the extent amended hereby, the Note remains in full force and effect in
        accordance with its terms and the Interest Rate (as defined in the Note)
        will
        continue to be paid at the rate prescribed in Section 2 of the Note. The
        terms
        and conditions of this Amendment shall be construed together with the terms
        of
        the Note as a single agreement, provided that, to the extent any terms and
        conditions of the Amendment are inconsistent with the terms and conditions
        of
        the Note, the terms and conditions of this Amendment shall govern. 

      


      IN
        WITNESS WHEREOF, this Amendment has been executed by the Parties as of the
        Amendment Effective Date.

    

    
      
        	 	 	 
	 	ADVANCED
                PHOTONIX,
                INC.
	 
 	 
 	 
 
	 	By:  	/S/
                Richard Kurtz, Chief Executive Officer 
	 	
                
Richard
                D. Kurtz,
	 	Chief
                Executive Officer 


      

       

      
        	 	 	 
	 	 	/S/
                Steven Williamson 
	 	
                
STEVEN
                WILLIAMSON
##### 



Exhibit 99.2

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 Quarterly Report on Form 10-Q of Blue Rhino
Corporation (the Company) for the period ending October 31, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Mark Castaneda, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 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/ Mark Castaneda
| | ------------------



| | Mark Castaneda
Chief Financial Officer
December 16, 2002
| | --------------------------------------------------------