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

Addendum to the License Agreement between Community Alliance, Inc. and
Frontier Digital Media, LLC, dated November 28, 2005 and the Addendum
to Licensing Agreement dated May 2, 2007.

WHEREAS, Paragraph 5.01 under Paragraph 5  LICENSE FEE, of the License
Agreement, calls for a payment in the amount of $10,000 to be paid at
signing of the Agreement and $2,000 to be paid on or before April 30,
2008 and a final payment in the amount of $7,000 to be paid on or
before April 30, 2009 toward the License Fee, the parties desire to
amend Paragraph 5.01.

The paragraph reads in the Addendum to the Licensing Agreement dated
December 31, 2006 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 Two
Thousand Dollars ($2,000.00) to be paid on or before April 30, 2008,
and the full balance of Seven Thousand Dollars ($7,000.00) due on or
before April 30, 2009.


Paragraph 5.01 of the License Agreement was amended in 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 January 30, 2009,
and the full balance of Seven Thousand Dollars ($7,000.00) due on or
before December 31, 2009.



This addendum is dated May 7, 2008


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


Frontier Digital Media, LLC


By:  /s/Janel Dunda
     ---------------------------
     Janel Dunda
#### JACKSON, Appellant, v. MARSHALL et al., Respondents.

(Supreme Court, Appellate *1144Division, Fourth Department.

March, 1896.)

Action by Ferdinand R. Jackson against Francis H. Marshall and others.

No opinion. Order of November 25, 1895, modified by striking therefrom the words “sixty dollars,” and, as modified, the order and judgment are affirmed, with costs.
#### Lynn Stock, Individually and as Administratrix of the Estate of Dale McGlen, Deceased, Respondent, v Dennis Daly, M.D., et al., Appellants.

[945 NYS2d 587]

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 3, 2011. The order, inter alia, denied the motion of defendants to preclude plaintiff from offering expert testimony and granted the cross motion of plaintiff to have the case marked off the calendar for restoration within one year.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Smith, J.P., Peradotto, Carni and Sconiers, JJ.
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Savannah  Espinosa
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##### 



EXHIBIT 32.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION
1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Registrant.
 /s/ Richard P. LindsayRichard P. LindsayVice President, Chief FinancialOfficer, Treasurer and Secretary(Principal Financial Officer)March 17, 2008
Exhibit 31.1



CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Robert Varakian, certify that:



1.
I have reviewed this annual report on Form 10-K/A of Catalina Lighting, 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 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;



b) 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



c) 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 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 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 function):



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.



|                       |  |                                      
|---------------------- |  | -------------------------------------
|Date: January 28, 2005 |  | /s/    ROBERT VARAKIAN               
|                       |  | Robert Varakian                      
|                       |  | President and Chief Executive Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

WANKE CASCADE DISTRIBUTION, LTD., 3:13-cv-00768-AC

an Oregon corporation,

ORDER

Plaintiff, 

v. 

 

FORBO FLOORING, INC., a Delaware

corporation,

 Defendant.

BROWN, Judge.

Magistrate Judge John V. Acosta issued Findings and

Recommendation (#103) on March 16, 2015, in which he recommends

this Court grant Defendant’s Motion (#87) for Extension of Time

to Answer Second Amended Complaint, grant Plaintiff’s Motion

(#78) to Strike New Allegations with regard to the reference to

Plaintiff’s breach of its contract with Defendant in paragraph 34

of the Answer, and deny Plaintiff’s Motion to Strike in all other

respects. The matter is now before this Court pursuant to 28

 - 1 ORDER

Case 3:13-cv-00768-AC Document 106 Filed 04/17/15 Page 1 of 3
U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and

Recommendation were timely filed, this Court is relieved of its

obligation to review the record de novo. See Dawson v. Marshall,

561 F.3d 930, 932 (9th Cir. 2009). See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). 

Having reviewed the legal principles de novo, the Court does not

find any error. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Acosta's Findings and

Recommendation (#103). Accordingly, the Court GRANTS Defendant’s

Motion (#87) for Extension of Time to Answer Second Amended

Complaint. The Court also GRANTS Plaintiff’s Motion (#78) to

Strike New Allegations with regard to the portion of paragraph 34

of Defendant’s Answer that refers to a breach of contract and

DENIES Plaintiff’s Motion to Strike in all other respects. 

The Court directs Defendant to file no later than May 1,

2015, an amended answer that does not contain the reference to a

breach of contract and that also moves the IVC allegations to the 

 - 2 ORDER

Case 3:13-cv-00768-AC Document 106 Filed 04/17/15 Page 2 of 3
mitigation-of-damages paragraph. The matter is referred back to

the Magistrate Judge for further proceedings.

IT IS SO ORDERED.

DATED this 17th day of April, 2015.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

 - 3 ORDER

Case 3:13-cv-00768-AC Document 106 Filed 04/17/15 Page 3 of 3
<PAGE>   1
                                                                      Exhibit 21




                             TUSCARORA INCORPORATED


                              List of Subsidiaries


      The following is a complete list of the subsidiaries of the Company.


              Name of                                     Jurisdiction of
             Subsidiary                                    Incorporation
------------------------------------------              ------------------
Alpine Packaging, Inc.(1)                                     Colorado
Tuscarora Investment Corporation(1)                           Delaware
Tuscarora International, Inc.(1)                              Delaware
     Tuscarora, S.A. de C.V.(2)                               Mexico
     Tuscarora de Mexico, S.A. de C.V.(2)                     Mexico
Tuscarora Limited(1)                                          England
     Tuscarora (Scotland) Limited(3)                          England
     Tuscarora (London) Limited(3)                            England
        Arrowtip Limited(4)                                   England
        Anglican Expanded
          Products Limited(4)                                 England



--------------------
(1)     100% owned by Tuscarora Incorporated.
(2)     All but one share is owned by Tuscarora International, Inc. and 1 share
        is owned by Tuscarora Incorporated.
(3)     100% owned by Tuscarora Limited.
(4)     100% owned by Tuscarora (London) Limited.
#### ALLEN, ET. AL. V. PIERCE & CO.

*Assumpsit.*

(Decided Deecmber 20th, 1906.

42 South. 858.)

Appeal from Montgomery City Court.

Heard before Hon. A. D. Sayre.

Marks & Sayre, for appellants.

Gunter & Gunter, and F. S. Ball, for appellee.

Affirmed.

Opinion by

Simpson, J.

Tyson, C. J., Dowdell and McClellan, JJ., concur.
#### 247 East 32nd LLC et al., Respondents, v Katherine Gasparich, Appellant.

[945 NYS2d 300]—

Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J), entered on or about October 13, 2011, which, among other things, granted plaintiffs’ motion for summary judgment on their ejectment cause of action and to dismiss defendant’s affirmative defenses, and bringing up for review an order, same court and Justice, entered September 16, 2011, which, among other things, denied defendant’s cross motion for leave, nunc pro tunc, to amend her answer, unanimously affirmed, without costs. The stay of enforcement of the order and judgment is extended for 60 days from service of a copy of this order, with notice of entry.

*791Plaintiffs made a prima facie showing of entitlement to judgment as a matter of law on their ejectment cause of action with evidence that they owned the subject apartment and that defendant was occupying it without their consent. In opposition, defendant failed to raise a triable issue of fact. The alleged oral agreement between defendant and her children’s grandfather, plaintiffs’ principal, permitting her to occupy the subject apartment rent-free until her children reached the age of majority, cannot be enforced under the statute of frauds *(see*General Obligations Law § 5-703 [2]). In any event, her claimed rights as a licensee had been revoked by plaintiffs when they commenced actions to remove her from the apartment. Moreover, plaintiff did not show that she had altered her position in reliance upon the purported license, despite her claim that she provided consideration for the agreement by moving to New York from California as requested by her children’s grandfather *(see e.g. Faith United Christian Church v United Christian Church,*266 AD2d 428, 429 [1999]).

Leave to file a late amended answer was properly denied, as defendant failed to submit an affidavit in support of her motion and her proposed affirmative defense of irrevocable license lacked merit *(see Nab-Tern Constructors v City of New York,*123 AD2d 571, 572-573 [1986]).

We have considered defendant’s remaining arguments, including that her children and former boyfriend are necessary parties to this action, and find them unavailing. Concur — Tom, J.E, Andrias, Saxe, Moskowitz and Acosta, JJ.

Motion to dismiss appeal as untimely denied.
#### In the Matter of Salamanca Nursing Home, Inc., et al., Appellants. Lillian Roberts, as Commissioner of Labor, Respondent.

—Levine, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 17, 1984, which assessed the employer Salamanca Nursing Home, Inc. the sum of $4,293.70 as contributions due for the audit period from January 1, 1980 through June 30, 1983, and the employer Salamanca Selective Services, Inc. the sum of $1,001.26 as contributions due for the audit period from January 1, 1979 through June 30, 1982.

The employers, corporations having common ownership, collectively operate a nursing home facility. They appeal from a decision of the Unemployment Insurance Appeal Board, which determined that various individuals who performed services for the facility were employees and received remuneration as such rather than as independent contractors or as stockholders receiving dividends.

As to those individuals whose part-time services were performed in the capacities of professional health-care consultants, the instant case is indistinguishable from *Matter of Manhattan Manor Nursing Home (Roberts)*(117 AD2d 885), and for the reasons stated therein, the Board’s ruling that such persons were employees should be affirmed. Regarding the payments to certain corporate officers who were also stockholders, the Board upheld an initial determination that all such payments that were not recorded in the corporate minute books as dividends should be treated as wages. Concededly, these individuals, in addition to being stockholders, performed *904administrative services as officers of the corporations. The record thus also supports the Board’s decision that they received remuneration as employees. We similarly find sufficient support in the record for the Board’s determination that all other individuals whose status was in issue were employees.

Decision affirmed, without costs. Mahoney, P. J., Kane and Levine, JJ., concur.

Main and Harvey, JJ.,

concur in part and dissent in part in the following memorandum by Harvey, J. Harvey, J. (concurring in part and dissenting in part). We concur with the majority in their determination of the status of all persons performing services for the employers with the exception of those individuals whose part-time services were performed in the capacities of medical director, social services consultant and dietitian consultant. As to those individuals, we dissent for the reasons stated in *Matter of Manhattan Manor Nursing Home (Roberts)*(117 AD2d 885).
EXHIBIT
      10.2

     

    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. 

     

    IN
      WITNESS WHEREOF, I,
      [Insert
      Name], intending to be legally bound hereby, and for full consideration, have
      executed this Waiver as of this 5th day December, 2008. 

    


    
      	 	
               

            
	 	
              [Insert
                Name]

            
	 	
              [Insert
                Title]

            
	 	
              Superior
                Bancorp
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