alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w39












Exhibit 10.39




February 27, 2009




Mr. Mark T. Detillion

7337 48th Ave. NE

Seattle, WA 98115




Dear Mark,



We are pleased to offer you the position of Chief Financial Officer of Ambassadors International,
Inc. Your employment will begin on a mutually determined date on or before April 1, 2009, subject
to your acceptance of our employment offer.



Our compensation package is as follows:





	 	•	 	Paid cell phone reimbursement per company policy;
	 
	 	•	 	Compensation: Annual salary of $200,000 ($8,333.34 semi-monthly, payable on
the 5th and 20th of each month);
	 
	 	•	 	Incentive Plan: To be determined by the Compensation Committee of the Board of
Directors (short term and long term);
	 
	 	•	 	Severance payable equal to four (4) months base salary upon termination for
any reason other than for an illegal act;
	 
	 	•	 	Comprehensive health insurance package: Medical, Dental, Vision, Life,
Flexible Spending; Eligibility begins the first of the month following 30 days of
employment and deductions are pre-tax. Will be reimbursed for any COBRA payments made
before benefits are applicable at Ambassadors’;
	 
	 	•	 	401(k) Package: Includes up to $500 Matching Contribution by the company.
Employees are eligible to participate the first of the month after 90 days of employment.
Also a pre-tax deduction;
	 
	 	•	 	Paid Time Off (PTO): The accrual rate for all eligible full-time employees
begins after 30 days of employment and the accrual rate is 11.34 hours per month, 136 hours
annually;
	 
	 	•	 	Holiday Pay: Per company schedule for each year, 8 paid Holidays in 2009;
	 
	 	•	 	Other benefits as described in the Company’s Employee Handbook
	 
	 	•	 	Paid parking




Your employment will be on an “at will” basis, which means that either you or the Company may
terminate the employment relationship at any time and for any reason whatsoever, with or without
cause. It is further understood that neither you nor the Company have made any promise that the
length of employment will be for any minimum or specific period of time.






 









 







We look forward to having you join the team at Ambassadors International, Inc.



Please contact me should you have any additional questions.




Best regards,




/s/ Diane Moore

 

Diane Moore

President

Windstar Cruises




Accepted by:




	 	 	 	 	 
	/s/ Mark T. Detillion
 

Mark T. Detillion

	 	2/28/2009
 

Date
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5948 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5948

    To repeal section 929I of the Dodd-Frank Wall Street Reform and 
                        Consumer Protection Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

 Mr. Campbell (for himself, Mr. Jones, Mr. Garrett of New Jersey, and 
 Mr. Hensarling) introduced the following bill; which was referred to 
                  the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
    To repeal section 929I of the Dodd-Frank Wall Street Reform and 
                        Consumer Protection Act.

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

SECTION 1. REPEAL OF SECTION 929I.

    (a) In General.--Section 929I of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act is hereby repealed and all provisions of 
law amended by such section are restored as if such section had not 
been enacted.
    (b) Technical Amendment.--The table of contents for such Act is 
amended by striking the item relating to section 929I.
                                 <all>
```
11.1 STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE

     Basic  earnings per share has been  calculated  as net earnings  divided by
weighted-average common shares outstanding, while diluted earnings per share has
been  computed as net earnings  divided by weighted  average  common and diluted
shares outstanding. For the three and six months ended June 30, 1998, all common
equivalents  of  781,000  and  857,000,  respectively,  were  anti-dilutive  and
therefore not included in the calculation of diluted earnings per share. For the
three  and six  months  ended  June  30,  1997,  the  Company's  diluted  shares
outstanding  were 187,000 and 133,000,  respectively,  to arrive at total common
and dilutive  shares  outstanding  of 10,187,000 and  10,133,000,  respectively.
Shares outstanding are computed using the  weighted-average  number of shares of
common and common equivalent  shares,  which consist of stock options,  for each
period.


                                       27
**Exhibit 10viii**

**DEBT SETTLEMENT AGREEMENT**

** **

ThisDebt Settlement Agreement (this “Agreement”) is made on March 31, 2010 between Paul Higbee, a individual and resident of New Jersey (“Creditor”) and ComCamInternational, Inc., a Delaware corporation with offices located at 1140McDermott Drive, West Chester, Pennsylvania 19380, (“Debtor”).

 

SECTION ONE

ACKNOWLEDGEMENT OF EXISTING OBLIGATION

 

Theparties acknowledge that Debtor is at present indebted to Creditor in the sumof  One Hundred Twenty Seven Thousand Fifty Five dollars ($127,055.00) asaccrued interest on a Promissory Note provided by Creditor to Debtor as of March 31, 2010.

 

SECTION TWO

AGREEMENT FOR DIFFERENT METHOD OF PAYMENT

 

Debtorand Creditor desire and agree to provide for the payment of the above-statedindebtedness in accordance with terms and provisions different from, and insubstitution of, the terms and obligations of convertible loan repayment asdescribed in Section One above.

 

SECTION THREE

CONSIDERATION

 

Inconsideration of the mutual promises contained in this Agreement, Debtor andCreditor agree as follows:

 

a.                  *Method of Payment:*Debtor agrees to issue to Creditor and Creditor agreesto accept from Debtor, in full satisfaction of $127,055 constituting the indebtednessdescribed in Section One, above, one hundred thousand (508,220) shares ofDebtor’s common stock, valued at $0.25 per share, as full consideration for thedebt owed to Creditor due to the aforesaid loan provided by Creditor to Debtor.

b.                 *Satisfaction:* On execution of this Agreement and Debtor’s board ofdirectors resolution authorizing the issuance of 508,220 shares of Debtor’scommon stock to Creditor provided for in Section Three (a) above, the originalindebtedness of Debtor to Creditor, as described in Section One, above, will beforever cancelled and discharged.

 

Inwitness whereof, the parties have executed this Agreement on the date firstmentioned above.

 

**ComCamInternational, Inc.**

** **

** **

/s/Don Gilbreath

By:Don Gilbreath, chief executive officer

 

**PaulHigbee**

** **

** **

/s/ Paul Higbee 

 

 

----
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, to the best of such officer's knowledge
and belief, that:

      (1) The Quarterly Report on Form 10-Q for the quarter ended October 31,
2003 (the "Form 10-Q") of the Company 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-Q fairly presents, in all
materials respects, the financial condition and results of operations of the
Company.


Dated: December 12, 2003                /s/ Donald J. Deitman
                                        ----------------------------------------
                                        Donald J. Deitman
                                        Chief 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.


                                       16
**EXHIBIT 99.2**

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANTTO 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 March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alexandria Phillips, Treasurer of the Company, certify, pursuant to 18U.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 ExchangeAct 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: May 15, 2003 |  /s/ **Alexandria Phillips   ** |
|--------------------|-----------------------------------------------------|
|               |                                                     |
|               | **Alexandria Phillips, Treasurer**                  |
* Senior Judge Butzner did not participate in consideration of

this case. The opinion is filed by a quorum of the panel pursuant

to 28 U.S.C. § 46(d) (1994).

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1745

CAROLYN J. WOODS,

Plaintiff - Appellant,

versus

PIZZA HUT OF AMERICA, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District

Judge. (CA-96-1013-2)

Submitted: August 14, 1997 Decided: August 21, 1997

Before NIEMEYER, Circuit Judge, and BUTZNER* and PHILLIPS, Senior

Circuit Judges.

Affirmed by unpublished per curiam opinion.
2

Carolyn J. Woods, Appellant Pro Se. Susan Roussel Blackman, WILLCOX

& SAVAGE, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals the district court's adverse grant of summary judgment and dismissal of her civil action. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Woods v. Pizza Hut of America, Inc., No. CA-96-1013-2 (E.D.

Va. Apr. 30, 1997). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
**Exhibit 23.1**
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
We hereby consent to the incorporation by reference in the Registration Statements on Form S-3(Nos. 333-123577 and 333-75798) and Form S-8 (Nos. 333-115183 and 333-49012) of Endwave Corporation of ourreport dated January 27, 2005, except as to Note 15, whichis as of March 25, 2005, relating to the consolidatedfinancial statements and financial statement schedule, which appears in this Form 10-K.
/s/ Burr, Pilger, & Mayer LLP
Palo Alto, California
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# General Order Regarding 2023 Holiday Closings

The United States Court of Federal Claims will be closed on Friday, November 24, 2023.

The full order can be found here.

Howard T. Markey National Courts Building • 717 Madison Place, NW, Washington, DC 20439 • 202-357-6400
EXHIBIT 32.1

                            SECTION 906 CERTIFICATION




<PAGE>

                                  Exhibit 32.1

                     CERTIFICATION OF DISCLOSURE 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 Annual  Report of Infinity  Capital  Group,  Inc.  (the
"Company") on Form 10-KSB for the period ending  December 31, 2006 as filed with
the  Securities  and Exchange  Commission  on the date hereof (the  "Report") I,
Gregory H. Laborde, Chief Executive Officer of the Company, certify, pursuant to
18 USC section  1350, as adopted  pursuant to section 906 of the  Sarbanes-Oxley
Act of 2002, that to the best of my knowledge and belief:

         (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.


Dated: April 16, 2007


/s/Gregory H. Laborde
------------------------------------------------------------------
Gregory H. Laborde, Chief Executive Officer and President


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
#### ACROW CORPORATION OF AMERICA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Mabey Bridge *&*Shore, Inc., Defendant-Appellee.

No. 2011-5035.

United States Court of Appeals, Federal Circuit.

May 25, 2011.

Before GAJARSA, MAYER and PROST, Circuit Judges.

ON MOTION

ORDER

GAJARSA, Circuit Judge.

Acrow Corporation of America moves for an injunction pending appeal or alternatively for an expedited consideration of this appeal. The United States opposes. Acrow replies. The United States moves to dismiss the motion for an injunction as moot. Acrow opposes. The United States replies.

Rule 8(a)(i )(C),(2) of the Federal Rules of Appellate Procedure authorize this court to grant an injunction pending appeal in our discretion. Similar to a motion to stay a judgment or injunction pending appeal, which is authorized under the same rule, our determination is governed by four factors, the first two of which are the most critical: (1) whether the stay applicant had made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies: *Hilton v. Braunskill,*481 U.S. 770, 776, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987).

Upon consideration thereof,

It Is Ordered That:

(1) The motion for an injunction is denied.

(2) The motion to dismiss the motion for an injunction is denied.

(3) The ease will be placed on the next available oral argument calendar after the briefing is completed, which is the usual course.
#### Robert J. Fannon, Appellant, et al., Plaintiff, v Metropolitan Transportation Authority et al., Respondents, et al., Defendants.

In a negligence action to recover damages for personal injuries, etc., the plaintiff Robert J. Fannon appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Brucia, J.), dated June 12, 1986, as upon a jury verdict, is in favor of the respondents Metropolitan Suburban Bus Authority and Susan E. Green, and upon the motion of Metropolitan Transportation Authority and County of Nassau at the close of the evidence is in their favor.

*212Ordered that the judgment is affirmed insofar as appealed from, with costs.

We find unpersuasive the appellant’s contention that the trial court erroneously refused to charge the jury that he had the right-of-way as a matter of law, since the issue of who had the right-of-way was dependent upon whether or not the bus was moving when the appellant stepped off the curb *(see, Schmidt v Flickinger Co.,*88 AD2d 1068, *appeal withdrawn*58 NY2d 655). Contrary to the appellant’s contentions, the testimony at trial concerning the existence of oncoming traffic was controverted and therefore the issue of who had the right-of-way was properly submitted to the jury as a question of fact.

In addition, the appellant’s contention that the court was required to charge Vehicle and Traffic Law § 1151 (a), concerning the duty of a driver to yield the right-of-way to a pedestrian who is crossing the roadway within a crosswalk, is without merit since there was no factual basis for giving the requested charge. The evidence adduced at trial, including the testimony of the appellant himself, established that he did not cross within a crosswalk.

We have considered the appellant’s remaining contentions and find them to be either unpreserved for review or without merit. Mollen, P. J., Thompson, Bracken and Brown, JJ., concur.
# USCIS: How Do I File An Equal Employment Opportunity Complaint?

## Information on the Administrative Processing of Discrimination Complaints

**Background**

It is the policy of the federal government to provide equal employment opportunity for all persons and to prohibit discrimination in employment. Any employee or applicant for employment who believes that they have been discriminated against because of their race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, parental status, protected genetic information and/or reprisal in an employment matter may file a complaint of discrimination.

**What is the Legal Foundation for Filing an EEO Complaint?**

Several statutes have been enacted to enforce the obligation of equal employment opportunity and protect the rights of employees and applicants:
                - Title VII of the of the Civil Rights Act of 1964 (as amended) prohibits individual and class discrimination in the federal government on the basis of race, color, sex, national origin, religion
                - The Age Discrimination in Employment Act specifically prohibits discrimination in the federal government on the basis of age when the complainant is 40 years of age or older
                - The Rehabilitation Act of 1973 (as amended) prohibits discrimination on the basis of disability and
                - The Equal Pay Act prohibits sex-based wage discrimination.

Retaliation prohibited by the above statutes is also prohibited.Pursuant to 29 CFR § 1614, this organization has adopted procedures for processing individual and class complaints of discrimination.

Any employee or applicant for employment who believes that he or she has been discriminated against because of race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, parental status, protected genetic information and/or reprisal in an employment matter including Equal Pay Act (EPA) complaints may file an individual complaint of discrimination. A group of employees, former employees or applicants for employment who believe that they have been or are being adversely affected by an agency personnel management policy or practice that discriminates against the group on the basis of race, color, religion, sex, national origin, sexual orientation, age, physical or mental disability, parental status, protected genetic status and/or reprisal may file a class complaint.

Employees and applicants with an EEO complaint must first have their complaint counseled. Counseling consists of an informal effort to resolve the complaint. Only after a complaint is counseled may a formal complaint be filed. You must contact a counselor within 45 days of the matter alleged to be discriminatory.

For further information regarding federal EEO complaint processing, please call 1-866-860-8885.

01/02/2020

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<Page>


                                                                    EXHIBIT 24.1



                            LIMITED POWER OF ATTORNEY

                             NEWPOWER HOLDINGS, INC.

         The undersigned director of NewPower Holdings, Inc. ("NewPower") does
hereby constitute and appoint H. Eugene Lockhart, William I Jacobs and Marc E.
Manly, and each of them, with full power of substitution, my true and lawful
attorneys-in-fact and agents to do any and all acts and things in my name and on
my behalf in my capacity as a director of NewPower in connection with, and only
in connection with, the filing of the Annual Report on Form 10-K for the fiscal
year ended December 31, 2001 (the "Annual Report") (including, but not limited
to, the execution of any and all instruments for me and in my name which such
person may deem necessary or advisable to enable NewPower to comply with the
Securities Exchange Act of 1934 (the "Act") and any rules, regulations and
requirements of the Securities and Exchange Commission, in connection with the
filing of the Annual Report), including specifically, but not limited to, the
power and authority to sign for me any and all amendments to the Annual Report;
and I do hereby ratify and confirm all that such person or persons shall do or
cause to be done by virtue hereof.

                                        By:
                                           -------------------------------------

                                        Name:
                                        Title:    Director
                                        Date:  April ___, 2002
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Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

I, Walter Thomas Price III, certify that (i) the Annual Report of Rogers International Raw Materials Fund, L.P. (the Partnership) on Form 10-K for the period ending December 31,
2009 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 such Annual Report fairly presents, in all material respects, the financial
condition and results of operations of the Partnership.



/s/ Walter Thomas Price IIIWalter Thomas Price IIIManaging Member (Chief Executive Officer)Beeland Management Company, L.L.C.General Partner, Rogers International Raw Materials Fund, L.P.March 30, 2010