alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Document

Exhibit 10.3

March 3, 2020
Dear Julie:
Thank you for being candid and forthright with me about your desire to voluntarily resign from AMAG Pharmaceuticals, Inc. (“AMAG”), as well as for your willingness to remain at AMAG for a designated period of time prior to your departure. We appreciate your efforts on behalf of AMAG in recent years and your commitment to make the transition smooth and professional.
As a sign of our appreciation, we are willing to offer you a retention bonus in exchange for your continued commitment to the organization through March 31, 2020.  In particular, if you remain actively employed with AMAG through March 31, 2020 (the “Separation Date”), comply with company rules and policies throughout that date, and engage in best efforts to perform your job duties through that date and otherwise assist with transitional matters, AMAG will provide you with a lump sum retention bonus in the amount of Two Hundred and Eighty Eight Thousand Dollars ($288,000.00), less lawful deductions (the “Retention Bonus”).  The Retention Bonus shall be contingent on you signing and complying with (and not revoking your acceptance) of a separation agreement and general release in a form prepared by and acceptable to the Company (the “Release Agreement).  You will be provided at least 21 days to consider the Release Agreement, which must be signed and returned to AMAG no later than April 6, 2020.  The Retention Bonus will be payable within five (5) business days of the Effective Release Date (as defined in the Release Agreement).
Provided that you remain actively employed, you will continue to receive your regular pay and benefits through the Separation Date, including your annual bonus for fiscal year 2019 in the amount of $148,500.00, less lawful deductions.  If the Company chooses in its discretion to accelerate your Separation Date, you will be paid through March 31, 2020 and you will remain eligible for the Retention Bonus described above.
You agree to keep the terms of this letter, as well as the fact of your departure, strictly confidential until the Company chooses to communicate your resignation prior to March 31, 2020.
This letter replaces, supersedes and extinguishes any rights you may have to retention payments/awards, severance pay/benefits and/or other termination pay/benefits under your Employment Agreement, your letter dated October 4, 2019 relating certain Retention Awards, as well any other applicable agreement, policy or plan.  For the avoidance of doubt, you will not be eligible to receive any other severance payments/benefits (including without limitation as set forth in Section 5(b), 5(c) and 5(d) of your Employment Agreement) or retention payments/awards, other than the Retention Bonus set forth herein.
To accept the terms of this letter, please sign below where indicated and return the original to me by March 3, 2020.
Again, thank you for your continuing commitment to AMAG through the Separation Date.
Sincerely,
/s/ William Heiden
William Heiden
Chief Executive Officer & President




AGREED TO:




  /s/ Julie Krop      3/3/2020  
Julie Krop     Date
---

Exhibit 32.1

CERTIFICATIONS PURSUANT TO 
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Annual Report of mPhase Technologies, Inc., a New Jersey corporation (the "Company"), on Form 10K/A for the fiscal year ended June 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his knowledge:

|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 ofthe Company.

/s/ Ronald A. Durando 
Ronald A. Durando 
Chief Executive Officer

October 22, 2010

---
Exhibit
      32





SECTION
      1350 CERTIFICATION





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 of PacificHealth Laboratories, Inc. (the
      “Company”) on Form 10-QSB for the period ended March 31, 2007 as filed with the
      United States Securities and Exchange Commission on the date hereof (the
“Report”), Robert Portman, Chief Executive Officer of the Company, and Stephen
      P. Kuchen, 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 based on our knowledge:





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





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





This
      Certification shall not be deemed “filed” by the Company for the purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended.





DATE:
      May
      4, 2007





By:  /s/
              Robert PortmanRobert
                Portman, Chairman of the Board
              (Principal
                Executive Officer)




DATE:
      May
      4, 2007


By:  /s/
                Stephen P. KuchenStephen
                  P. Kuchen, Chief Financial Officer
                (Principal
                    Financial and Accounting Officer)
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20913

Summary Calendar

 

IVO NABELEK,

Petitioner-Appellant,

versus

JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL

JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CV-4181

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

January 30, 2003

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Ivo Nabelek (“Nabelek”), Texas state prisoner #669748,

appeals the district court’s dismissal of his writ of mandamus

petition for lack of jurisdiction. Because his claims are not

cognizable for habeas review, Nabelek’s request for a certificate

of appealability (COA) is DENIED AS UNNECESSARY.

Nabelek argues that under 28 U.S.C. § 1651, the district

court has jurisdiction to order Texas prison officials to provide

him with free copies of documents and a box for mailing those
No. 02-20913

-2-

copies. Title 28, Section 1651(a) is not an independent grant of

jurisdiction; it authorizes a court to issue commands necessary

to effectuate orders it has previously issued “‘in its exercise

of jurisdiction otherwise obtained.’” Texas v. Real Parties In

Interest, 259 F.3d 387, 392 (5th Cir. 2001) (citation omitted)

(emphasis added), cert. denied, 534 U.S. 1115 (2002); Clinton

v. Goldsmith, 526 U.S. 529, 534-35 (1999). Mandamus jurisdiction

is conferred only when the defendant officer, employee, or agency

owes a specific, non-discretionary duty to the plaintiff. 

Kirkland Masonry, Inc. v. Comm’r of Internal Revenue, 614 F.2d

532, 534 (5th Cir. 1980). Nabelek has not provided authority for

his contention that he has a right to free copies or a box to aid

him in refiling his 28 U.S.C. § 2254 petition. Moreover, our

mandamus authority does not extend to state officials, and

therefore we cannot grant Nabelek any relief with respect to

prison officials. Cf. Moye v. Clerk, DeKalb County Superior

Court, 474 F.2d 1275, 1276 (5th Cir. 1973) (federal courts lack

authority to “issue writs of mandamus to direct state courts and

their judicial officers in the performance of their duties”).

The district court did not err in dismissing Nabelek’s

mandamus petition because the court lacked authority to issue a

writ of mandamus providing the relief requested. Nabelek’s

appeal presents no issue of arguable merit and is, therefore,

dismissed as frivolous. See 5TH CIR. R. 42.2.

COA DENIED AS UNNECESSARY; APPEAL DISMISSED AS FRIVOLOUS.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND> ART. 5 FDS FOR YEAR 1998
</LEGEND>

       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           6,501 
<SECURITIES>                                     1,998 
<RECEIVABLES>                                    9,347 
<ALLOWANCES>                                       208 
<INVENTORY>                                      1,258 
<CURRENT-ASSETS>                                20,739 
<PP&E>                                          23,493 
<DEPRECIATION>                                  10,456 
<TOTAL-ASSETS>                                  46,337 
<CURRENT-LIABILITIES>                           18,000 
<BONDS>                                              0 
<COMMON>                                           861 
<PREFERRED-MANDATORY>                                0 
<PREFERRED>                                          0 
<OTHER-SE>                                      27,476 
<TOTAL-LIABILITY-AND-EQUITY>                    46,337 
<SALES>                                         42,692 
<TOTAL-REVENUES>                                42,692 
<CGS>                                           12,592 
<TOTAL-COSTS>                                   12,592 
<OTHER-EXPENSES>                                     0 
<LOSS-PROVISION>                                     0 
<INTEREST-EXPENSE>                                   0 
<INCOME-PRETAX>                                 20,161 
<INCOME-TAX>                                     7,420 
<INCOME-CONTINUING>                             12,759 
<DISCONTINUED>                                       0 
<EXTRAORDINARY>                                      0 
<CHANGES>                                            0 
<NET-INCOME>                                    12,759 
<EPS-PRIMARY>                                     1.49 
<EPS-DILUTED>                                     1.47 
        


</TABLE>
I

105TH CONGRESS

1ST SESSION S. 1511

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 12, 1997

Referred to the Committee on National Security

AN ACT

To amend section 3165 of the National Defense Authorization Act for Fiscal Year 1998 to clarify the authority

in the section.

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

S 1511 RFH

1 SECTION 1. CLARIFICATION OF AUTHORITY.

2 (a) CLARIFICATION.—Section 3165 of the National

3 Defense Authorization Act for Fiscal Year 1998 is amend4 ed—

5 (1) in subsection (b)(1), by striking out ‘‘under

6 the jurisdiction’’ and all that follows through ‘‘Los

7 Alamos National Laboratory’’ and inserting in lieu

8 thereof ‘‘under the jurisdiction or administrative

9 control of the Secretary at or in the vicinity of Los

10 Alamos National Laboratory’’; and

11 (2) in subsection (e), by striking out ‘‘, the Sec12 retary of the Interior’’ and all that follows through

13 the end and inserting in lieu thereof ‘‘but not later

14 than 90 days after the submittal of the report under

15 subsection (d)(1)(C), the County and the Pueblo

16 shall submit to the Secretary an agreement between

17 the County and the Pueblo which allocates between

18 the County and the Pueblo the parcels identified for

19 conveyance or transfer under subsection (b).’’.

20 (b) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall take effect as if included in the provi22 sions of section 3165 of the National Defense Authoriza-
3

S 1511 RFH

1 tion Act for Fiscal Year 1998 to which such amendments

2 relate.

Passed the Senate November 9, 1997.

Attest: GARY SISCO,

Secretary.
II

105TH CONGRESS

2D SESSION S. 2068

A bill to clarify the application of the Unfunded Mandates Reform Act

of 1995, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 12, 1998

Mr. THOMPSON (for himself and Mr. GLENN) introduced the following bill;

which was read twice and referred jointly pursuant to the order of August

4, 1977, to the Committees on the Budget and Governmental Affairs,

with instructions that if one Committee reports, the other Committee

have thirty days to report or be discharged

A BILL

A bill to clarify the application of the Unfunded Mandates

Reform Act of 1995, and for other purposes.

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

3 SECTION 1. FEDERAL INTERGOVERNMENTAL MANDATE.

4 Section 421(5)(B) of the Congressional Budget and

5 Impoundment Control Act of 1974 (2 U.S.C. 658(5)(B))

6 is amended—

7 (1) by striking ‘‘the provision’’ after ‘‘if’’;

8 (2) in clause (i)(I) by inserting ‘‘the provision’’

9 before ‘‘would’’;
2

•S 2068 RIS

1 (3) in clause (i)(II) by inserting ‘‘the provision’’

2 before ‘‘would’’; and

3 (4) in clause (ii)—

4 (A) by inserting ‘‘that legislation, statute,

5 or regulation does not provide’’ before ‘‘the

6 State’’; and

7 (B) by striking ‘‘lack’’ and inserting ‘‘new

8 or expanded’’.

Æ
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1374 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1374

To clarify that unmarried adult children of Vietnamese reeducation camp 
 internees are eligible for refugee status under the Orderly Departure 
                                Program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1997

  Mr. McCain introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To clarify that unmarried adult children of Vietnamese reeducation camp 
 internees are eligible for refugee status under the Orderly Departure 
                                Program.

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

SECTION 1. ELIGIBILITY FOR REFUGEE STATUS.

    Section 584 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (Public Law 104-208; 110 
Stat. 3009-171) is amended--
            (1) in subsection (a)--
                    (A) by striking ``For purposes'' and inserting 
                ``Notwithstanding any other provision of law, for 
                purposes''; and
                    (B) by striking ``fiscal year 1997'' and inserting 
                ``fiscal years 1997 and 1998''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Aliens Covered.--
            ``(1) In general.-- An alien described in this subsection 
        is an alien who--
                    ``(A) is the son or daughter of a qualified 
                national;
                    ``(B) is 21 years of age or older; and
                    ``(C) was unmarried as of the date of acceptance of 
                the alien's parent for resettlement under the Orderly 
                Departure Program.
            ``(2) Qualified national.--For purposes of paragraph (1), 
        the term `qualified national' means a national of Vietnam who--
                    ``(A)(i) was formerly interned in a reeducation 
                camp in Vietnam by the Government of the Socialist 
                Republic of Vietnam; or
                    ``(ii) is the widow or widower of an individual 
                described in clause (i); and
                    ``(B)(i) qualified for refugee processing under the 
                reeducation camp internees subprogram of the Orderly 
                Departure Program; and
                    ``(ii) on or after April 1, 1995, is accepted--
                            ``(I) for resettlement as a refugee; or
                            ``(II) for admission as an immigrant under 
                        the Orderly Departure Program.''.
                                 <all>
```
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JAMES R. CRUZ, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

:

No. 734 MAL 2017

Petition for Allowance of Appeal from 

the Unpublished Memorandum and

Order of the Superior Court at No. 

1728 MDA 2016 entered on 

September 29, 2017, affirming the 

PCRA Order of the Centre County 

Court of Common Pleas at No. CP-14-

CR-0001246-1993 entered on 

September 14, 2016

ORDER

PER CURIAM

AND NOW, this 28th day of March, 2018, the Petition for Allowance of Appeal is 

GRANTED. The judgment of the Superior Court is VACATED, as is the January 5, 2017 

order of the Centre County Court of Common Pleas dismissing the untimely Petitioner’s 

petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-46. The case 

is REMANDED to the PCRA Centre County Court of Common Pleas for reconsideration 

in light of this Court’s recent decision in Commonwealth v. Chmiel, 173 A.3d 617 (Pa. 

2017).

DECIDED: March 28, 2018
EXHIBIT 31





 Click here to enter text. 




EXHIBIT 10.2


AMENDMENT NO. 1 TO
THE


QUAKER HOUGHTON 


RETIREMENT SAVINGS
PLAN


 


(As Amended and
Restated January 1, 2020)


 


WHEREAS, Quaker Chemical Corporation d/b/a Quaker Houghton (the
“Company”) adopted the Quaker Houghton Retirement Savings Plan, as amended and
restated effective January 1, 2020 (the “Plan”); 


 


WHEREAS, the Company desires to amend the Plan to make certain
changes to the Plan’s automatic contribution feature; and


 


WHEREAS, pursuant to Section 8.1 of the Plan, the Retirement
Savings Plan Committee has the right to amend the Plan at any time, subject to
certain inapplicable limitations.


 


NOW, THEREFORE, effective as of March 1, 2020, the Plan shall be, and
hereby is, amended as follows:


 


Effective as of March 1, 2020, the second sentence of
Section 4.2(a)(ii)(A) of the Plan (“Automatic Election”) is hereby amended to
read as follows:


“For Eligible Employees hired on or after March 1, 2020,
such deemed election shall become effective starting with the paycheck for the
first pay date on or after the 30th day following the Eligible Employee’s
employment commencement date.”


 


IN
WITNESS WHEREOF, Quaker Chemical
Corporation d/b/a Quaker Houghton has caused these presents to be duly executed
on this 25th  day of February, 2020.


 


 


                                                            QUAKER
CHEMICAL CORPORATION 


                                                            D/B/A
QUAKER HOUGHTON


 


 


Attest:  __/s/ ROBERT T. TRAUB  _______            By: 
____/s/ MARY DEAN HALL__  _


                                                                                                Mary
Dean Hall
Exhibit 32.3

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 of Thanksgiving Coffee Company, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



/s/ Sam KraynekChief Financial OfficerMay 15, 2008
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

         We have  issued  our  reports  dated  June 26,  1998  accompanying  the
consolidated  financial statements and schedule included in the Annual Report of
Medical  Technology  Systems,  Inc. and  Subsidiaries  on Form 10-K for the year
ended March 31, 1998.  We hereby  consent to the  incorporation  by reference of
said reports in the registration  Statements of Medical Technology Systems, Inc.
and Subsidiaries on Form S-8 (file No. 333-01853 effective March 14, 1996)

                                                            GRANT THORNTON LLP
          
Tampa, Florida
June 26, 1998