alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.38



Amendment to Employment Agreement



This document is dated as of March 4, 2004 and amends the letter agreement dated August 8, 2000 between Donald H. Hunter and
Calypso Management LLC (Agreement) regarding the employment of Mr. Hunter.



For value received, the parties agree to add the words at least before the words 30% in the second sentence of the third paragraph of the Agreement, and to add at the end of this sentence:
provided, however, that your share of Allocations shall be at least 40% of Allocations paid pursuant to Section 7 (ii) of the Administration and Liquidation Agreement.



Except as set forth above, the terms of the Agreement are hereby ratified and affirmed.



Executed under seal.



|                       |  |                                                       |  |  |  |                        
|---------------------- |  | ----------------------------------------------------- |  |  |  | -----------------------
|CALYPSO MANAGEMENT LLC |  |                                                       |  | 
|                       |  |                                                       | 
|By:                    |  | /s/    STEPHEN G. KASNET                              |  |  |  | /s/    DONALD H. HUNTER
|Title:                 |  | Stephen G. Kasnet President & Chief Executive
Officer |  |  |  | Donald H. Hunter
<PAGE>
                                                                    EXHIBIT 23.2



                          Independent Auditors' Consent


To the Partners of
TEPPCO Partners, L.P.:

We consent to the use of our report dated January 22, 2003, except as to Note 22
which is as of February 10, 2003, related to the consolidated financial
statements of TEPPCO Partners, L.P. included in the Duke Energy Field Services,
LLC Annual Report on Form 10-K for the fiscal year ended December 31, 2002 filed
on March 21, 2003.

Our report on the consolidated financial statements of TEPPCO Partners, L.P.
refers to a change in the method of accounting for derivative financial
instruments and hedging activities in 2001 and the adoption of Statement of
Financial Accounting Standards No. 142, Goodwill and Other Intangible Assets in
2002.

                                                  KPMG LLP


Houston, Texas
March 21, 2003
**Exhibit 10.6** **AMENDMENT TO EMPLOYMENT AGREEMENT**THIS AMENDMENT (the “Amendment”), effective this 22nd day of June 2006, is by and between**Caneum, Inc.**(the “Company”) and **Gary Allhusen**(the “Employee”).Recitals:WHEREAS, the parties hereto entered into an Employment Agreement dated March 17, 2004, (the“Employment Agreement”) for a duration through March 29, 2007, and under which the Employee agreedto act as Executive Vice-President of the Company; andWHEREAS, the Company desires to appoint, and the Employee is willing to assume, the positionof Chief Operating Officer of the Company subject to the terms and conditions of this amendment.NOW, THEREFORE, in consideration of the mutual terms and conditions of this Amendment, theparties hereto agree as follows:1. Section 1 of the Employment Agreement is hereby amended to extend the initial term of theEmployment Agreement through March 29, 2008.2. Section 2 of the Employment Agreement is hereby amended to include the office of ChiefOperating Officer to the duties of the Employee. In addition, the Employee hereby accepts thedesignation of Principal Financial Officer and Principal Accounting Officer of the Company.3. As consideration for Employee entering into this Amendment, the Company shall grant to him250,000 options under the Company’s 2002 Stock Option/Stock Issuance Plan, which options shall vestas follows: (i) one-sixteenth (1/16th) of the total options will vest at theend of each three month period beginning on the date of grant so long as the Employee is employedby the Company under his employment agreement, subject to early exercise; and (ii) immediately inthe event of a Corporate Transaction, as defined in the Plan.4. Except as amended hereby, the Employment Agreement shall continue to be, and shall remain,in full force and effect. Except as provided herein, this Amendment shall not be deemed (i) to bea waiver of, or consent to, or a modification or amendment of, any other term or condition of theEmployment Agreement or (ii) to prejudice any right or rights which Caneum may now have or may havein the future under or in connection with the Employment Agreement or any of the instruments oragreements referred to therein, as the same may be amended, restated, supplemented or otherwisemodified from time to time.5. The terms of the Employment Agreement are incorporated herein by reference and shall form apart of this Amendment as if set forth herein in their entirety.
 
 

 
IN WITNESS WHEREOF, each of the parties has executed this Amendment the respective day andyear set forth below:       Caneum, Inc.
Exhibit 10.18
                           AURORA METALS (BVI) LIMITED

P.O.Box 27494,                                           Telephone: 303-727-8609
Denver, Colorado,                                      Facsimile:   303-936-0333
U.S.A. 80227-0494.                                  E-mail: jaajames@comcast.net
                                                        contact@aurorametals.net

November 18, 2004


Mr. Thomas A. Loucks,
President and CEO,
Trend Mining Company,
5575 South Sycamore Street, Suite 103,
Littleton,
Colorado, USA 80120


Dear Tom,

EXTENSION OF TIME TO LETTER OF INTENT - PROPOSED JOINT VENTURE - STILLWATER
COMPLEX, MONTANA

By this letter, Aurora Metals (BVI) Limited (hereafter "AM"), agrees to the
extension of time under Clause 13. Timing of the Letter of Intent ("LOI") dated
September 20, 2004, until 5.00 pm Mountain Standard Time, Friday, December 17,
2004.

If you are in agreement with this extension of time to the LOI, please so
indicate by signing where indicated below.


Yours sincerely,
AURORA METALS (BVI) LIMITED

/s/ J.A.A. James
----------------
J.A.A. James
President and Director


Agreed and acknowledged this 19th day of November, 2004 on behalf of Trend
Mining Company:


/s/ Thomas A. Loucks
--------------------
Thomas A. Loucks
President and CEO
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-37,208, et al.]

                    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on January 13, 2000, applicable to workers of Tultex Corporation, South Boston, Virginia. The notice was published in the                     **Federal Register**                     on February 4, 2000 (65 FR 5690).                

At the request of the company, the Department reviewed the certification for workers of the subject firm. The workers are engaged in employment related to the production of fleece activewear. New findings show that California Shirt Sales, Inc., is a wholly owned subdivision of Tultex Corporation. Worker separations occurred at various locations of California Shirt Sales when Tultex Corporation closed all locations, including the South Boston, Virginia plant, in February, 2000. The workers provided distribution of finished fleece activewear manufactured by Tultex Corporation to its customers.

The intent of the Department's certification is to include all workers of Tultex Corporation who were adversely affected by increased imports. 

The amended notice applicable to TA-W-37,208 is hereby issued as follows:

All workers of Tultex Corporation, South Boston, Virginia (TA-W-37,208) and California Shirt Sales, Inc., Fullerton, California (TA-W-37,208A), Honolulu, Hawaii (TA-W-37,208B), Las Vegas, Nevada (TA-W-37,208C), Oakland, California (TA-W-37,208D), Kent, Washington (TA-W-37,208F) and Tempe, Arizona (TA-W-37,208G) who became totally or partially separated from employment on or after December 16, 1998 through January 13, 2002 are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed at Washington, DC this 7th day of April, 2000.

Grant D. Beale,

Program Manager, Division of Trade Adjustment Assistance.

[FR Doc. 00-9976 Filed 4-20-00; 8:45 am]

BILLING CODE 4510-30-M
Exhibit 32.2

                                  CERTIFICATION

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

         Pursuant to  Section 906  of the Sarbanes-Oxley  Act of 2002 (18 U.S.C.
1350), the undersigned  officer of  NovaDel Pharma Inc.,  a Delaware corporation
(the "Company"), does hereby certify that to his knowledge:

         (1)  The  Quarterly  Report  on  Form  10-QSB  of the  Company  for the
quarterly  period ended October 31, 2004 (the "Form 10-QSB") 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 Form 10-QSB fairly  presents,  in
all material respects,  the financial condition and results of operations of the
Company.

Dated:   December 15, 2004                  /s/ Howard D. Kance
                                            -------------------
                                            Howard D. Kance
                                            Interim Principal Financial Officer

This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities  Exchange Act, or otherwise subject to the liability of that section.
Such  certification  will not be deemed to be incorporated by reference into any
filing  under  the  Securities  Act or the  Securities  Exchange  Act.  A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to the Company and will be retained by the Company
and furnished to the Commission or its staff upon request.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

WILLIAMS-PYRO, INC.,

 Appellant and Cross-Appellee,

v.

RHONDA BARBOUR,

 Appellee and Cross-Appellant. 

§

§

§

§

§

§

No. 08-11-00355-CV

Appeal from

153rd District Court

of Tarrant County, Texas

(TC # 153-223671-07)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. We further order that 

Appellee/Cross-Appellant recover from Appellant/Cross-Appellee and its sureties, if any, see

TEX.R.APP.P. 43.5, on the judgment and all costs, both in this Court and the court below for 

which let execution issue. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 20TH DAY OF MARCH, 2013.

ANN CRAWFORD McCLURE, Chief Justice 

Before McClure, C.J., Rivera, and Antcliff, JJ.

Antcliff, J., not participating
The following named Appellant appeals to the Court from a final Board of Veterans' Appeals (Board) decision. 

The Board's decision was dated ______________________________.

Appellant's printed name SSN or VA claims file number

Appellant's telephone number

Appellant's address Appellant's email address

If other than Appellant, your name/relationship to Appellant

Signature* of person filing this notice 

Only if this NOA is filed by a representative, check one of the following:

My Notice of Appearance is attached.

Representative's printed name Representative's telephone number

Representative's fax number

Representative's address Representative's email address

Form 1

(Rev. 04/2021)

There is a $50 filing fee for an appeal. Please wait to pay until you have received your USCAVC case number. You may

pay through pay.gov (http://www.uscourts.cavc.gov/fee_filingfee.php) or you may send a check or money order, payable

to "US Court of Appeals for Veterans Claims." DO NOT SEND CASH. To request a waiver of the filing fee, email, fax,

or mail the Court a completed Form 4 (Declaration of Financial Hardship). 

You may file an NOA by either (1) emailing it to self-rep@uscourts.cavc.gov for self-represented parties, or

esubmission@uscourts.cavc.gov for represented parties, OR (2) faxing it to (202) 501-5848, OR (3) mailing it to: Clerk,

US Court of Appeals for Veterans Claims, 625 Indiana Avenue, NW, Suite 900, Washington, DC 20004-2950.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Notice of Appeal (NOA)

By initialing here, Appellant requests that the

Court send all appeal-related documents by

email instead of mail.

(initial)

The NOA must be received by the Court, or properly addressed and postmarked by the U.S. Postal Service, not later than

120 days after the date on which the Board mailed notice of the decision being appealed. The Court may accept an NOA

filed after that date as timely in limited circumstances. See Court Rules of Practice and Procedure 4 and 25.

My representation is limited to the filing of this NOA, and I aver to the Court, in accordance with Rule 46(b)(2), 

that Appellant has been advised, or alternatively will be advised, of Appellant’s responsibility to abide by the 

Court's Rules of Practice and Procedure, including the need to timely serve and submit for filing a brief. 

(Complete items below).

INSTRUCTIONS

(*You may electronically sign by typing "/s/" and then your name in the signature block above: for example, /s/John Doe, or you may 

sign with an electronic signature from a commercial provider such as DocuSign, Adobe Sign, SignRequest,etc.)
(8 Misc. Rep. 219.)

#### WALDHEIM v. SONNENSTRAHL.

(Common Pleas of New York City and County, General Term.

May 7, 1894.)

1. Guaranty—Action on.

To maintain an action on a guaranty, the plaintiff must prove performance of a stipulated condition of the guarantor’s liability.

2. Same—Perpormance op Conditions—Waiver.

A waiver of performance of such condition is avoided by the misrepresentation of the party claiming the benefit of the waiver.

(Syllabus by the Court.)

Appeal from city court, general term.

Action by Phillip Waldheim against Abraham Sonnenstrahl on a guaranty. From a judgment of the city court (27 JST. Y. Supp. 1133) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. Reversed.

Argued before DALY, C. J., and BISCHOFF and PRYOR, JJ.

Hays & Greenbaum, for appellant.

Simpson & Werner, for respondent.

PRYOR, J.

The judgment on appeal is vitiated, certainly, by one fatal error. The action being upon a guaranty, plaintiff was under obligation to show performance of any condition of defend*583ant’s liability, and this though the condition were of no apparent benefit to the guarantor. Barns v. Barrow, 61 N. Y. 39, 42. It was an express term of the contract that the defendant was to be notified “by postal card, if the said Ginns [the principal debtor] does not pay $5 each week.” We agree with the general term below that the “testimony certainly shows that the plaintiff failed to comply with this covenant in the guaranty;” but we are unable to assent *to*the position on which the court bases its decision against the defendant, namely, “that he waived that provision.” The admission of liability and the payment by the defendant proceeded on the assurance of plaintiff that the principal debtor had made no default in the weekly installments, and surely authority is not needed for the proposition that a waiver is avoided by the misrepresentation of the party claiming the benefit of it. Bish. Cont. § 799. For defect of proof that the plaintiff had notified defendant of the debtor’s default, pursuant to the condition of the guaranty, the complaint should have been dismissed, in conformity with the appellant’s motion. The same result was equally inevitable if we regard the action as upon an account stated, for the misrepresentation of the plaintiff was as effectual in avoiding the alleged adjustment of the account as the waiver.

As to the exceptions to evidence—first, the receipts by the debtor, in connection with the other facts, were competent and sufficient evidence of the delivery of the goods; and, secondly, the letters from the plaintiff to defendant, being rather in the nature of a demand for the debt than an ex parte version of the transaction by plaintiff, are hardly within the principle of Learned v. Tillotson, 97 N. Y. 1, and Bank v. Delafield, 126 N. Y. 410, 27 N. E. 797. Judgment reversed, and new trial ordered; costs to abide event. All concur.
<PAGE>

                                                                      EXHIBIT 23

                  [Moore, Horton & Carlson, P.C. Letterhead]

                        CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
Fulton Bancorp, Inc.
Fulton, Missouri

We hereby consent to the incorporation by reference in the Registration
Statement Form S-8 of Fulton Bancorp, Inc. (File No. 333-39343) of our report
dated August 27, 1999 except for Note P, as to which the date is September 14,
1999, appearing in Form 10-KSB on pages F-2.


                                        /s/ Moore, Horton & Carlson, P.C.
                                        ---------------------------------

Mexico, Missouri
September 24, 1999
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 of Charter Municipal Mortgage Acceptance
Company (the "Company") on Form 10-Q for the period ending September 30, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), I, Stuart J. Boesky, Chief Executive 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 results of operations of the
Company.



By:   /s/ Stuart J. Boesky
      --------------------------
      Stuart J. Boesky
      Chief Executive Officer
      November 14, 2003
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 of Advanced Engine Technologies, Inc.
(the Company) on Form 10-QSB for the period ending September 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Alexandria Phillips, Treasurer 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.

|Date:  November 19, 2002 | /s/  ALEXANDRIA PHILLIPS       | 
|------------------------ | ------------------------------ | 
|                         |                                | 
|                         | Alexandria Phillips, Treasurer |
exv10w4wb







Exhibit
10.4(b)


June 9,
2009



Willowbridge Associates Inc.

101 Morgan Lane — Suite 180

Plainsboro, N.J. 08536



Attention: Mr Steve R. Crane



      Re:    Management Agreement Renewals




Dear Mr. Crane:



We are writing with respect to your management agreements concerning the commodity pools to which
reference is made below (the “Management Agreements”). We are extending the term of the Management
Agreements through June 30, 2010 and all other provisions of the Management Agreements will remain
unchanged.




	 	•	 	Smith Barney Diversified Futures Fund L.P.
	 
	 	•	 	Smith Barney Diversified Futures Fund L.P. II
	 
	 	•	 	Citigroup Orion Futures Fund L.P.
	 
	 	•	 	Citigroup Diversified Futures Fund L.P.
	 
	 	•	 	CMF Institutional Futures Portfolio LP
	 
	 	•	 	CMF Willowbridge Argo Master Fund L.P.
	 
	 	•	 	Citigroup Orion Futures Fund (Cayman) Ltd.





Please acknowledge receipt of this modification by signing one copy of this letter and returning it
to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have
any questions I can be reached at 212-559-5046.



Very truly yours,



CITIGROUP MANAGED FUTURES LLC




	 	 	 	 	 	 	 
	By: 	 	/s/ Jennifer
Magro 
	 	 	 
	 
	 	 	Jennifer Magro	 	 	 	 
	 	 	Chief Financial Officer & Director	 	 	 	 
	 
	WILLOWBRIDGE
ASSOCIATES INC.
 	 	 	 	 
	 
	By:  	 	/s/ Steven R. Crane 
	 	 	 
	 
	 	 	Steven R. Crane
 	 	 	 	 
	 	 	Print
Name: Senior Vice President
 	 	 	 	 





JM/sr
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Pinnacle Resources, Inc. (the "Company"),
hereby certifies, to such officer's knowledge, that the Company's
report on Form 10-Q for the three and nine months ended March 31, 2009
(the "Report") fully complies with the requirements of Section 13(a) 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.

                                  /s/ Glen R. Gamble
                                  ------------------------
                                  Glen R. Gamble
                                  Chief Executive Officer

May 20, 2009
#### Citibank, N.A., Respondent, v Ruth Wapnick, Appellant, and Seth Wapnick et al., Defendants.

Submitted February 26, 2007;

decided March 27, 2007

Motion for reargument of motion for leave to appeal denied [see 8 NY3d 801],
Exhibit 32.1   Skinovation Pharmaceutical Incorporated   CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Skinovation Pharmaceutical Incorporated certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  1. the annual report on Form 10-K of the Company for the year ended December 31, 2008, 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 Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date:  March 27, 2009/s/ Hugo Rodier
Hugo Rodier
Principal Executive Officer
Principal Financial Officer