alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020222EN.01001202.xml

| 6.7.2020 | EN | Official Journal of the European Union | C 222/12 |
| --- | --- | --- | --- |

6.7.2020

EN

Official Journal of the European Union

C 222/12

---

Judgment of the Court (Fifth Chamber) of 2 April 2020 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim), Svenska Artisters och musikers, intresseorganisation ek. för. (SAMI) v Fleetmanager Sweden AB, Nordisk Biluthyrning AB

(Case C-753/18) (1)

(Reference for a preliminary ruling - Intellectual property - Copyright and related rights - Directive 2001/29/EC - Article 3(1) - Directive 2006/115/EC - Article 8(2) - Concept of ‘communication to the public’ - Undertaking hiring out cars each having a radio receiver as standard equipment)

(2020/C 222/13)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Applicants: Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim), Svenska Artisters och musikers, intresseorganisation ek. för. (SAMI)

Defendants: Fleetmanager Sweden AB, Nordisk Biluthyrning AB

Operative part of the judgment

Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society and Article 8(2) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property must be interpreted as meaning that the hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public within the meaning of those provisions.

---

(1)  OJ C 65, 18.2.2019.

---
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FeAMCl.-SOo Hue-Te^a
Unassociated Document


    AMENDMENT
NO. 1 TO

    TRANSITION
AGREEMENT

     

     

    THIS
AMENDMENT NO. 1 TO TRANSITION AGREEMENT (this “Amendment”) is entered
into as of the 1st day of
September 2010, by and between Clarus Corporation (“Clarus”), a Delaware
corporation having its principal office at 2084 East 3900 South, Salt Lake City,
Utah 84124, and Kanders & Company, Inc. (the “Company”), a Delaware
corporation having its principal office at One Landmark Square, 22nd Floor,
Stamford, Connecticut 06901.

     

    WHEREAS,
Clarus and the Company are parties to a Transition Agreement dated as of May 28,
2010 (the “Transition Agreement”). Capitalized terms not otherwise defined in
this Amendment shall have their respective meanings as set forth in the
Transition Agreement; and

     

    WHEREAS,
Clarus and the Company now desire to amend the Transition
Agreement.

     

    NOW
THEREFORE, for good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties agree as
follows:

     

    1.           The
first sentence of Section 2(a) of the Transition Agreement is hereby amended and
restated in its entirety to read as follows:

     

    “Clarus hereby retains the
Company to provide mutually agreed upon transition services in connection with
the Acquisition (the “Services”) through December 31, 2010 (the
“Term”).”

     

    2.           Except
as expressly amended by this Amendment, the Transition Agreement remains in full
force and effect.

     

    3.           This
Amendment is made and executed and shall be governed by the laws of the State of
New York, without regard to the conflicts of law principles
thereof.

     

    4.           This
Amendment may be executed in any number of counterparts (and by facsimile or
other electronic signature), but all counterparts will together constitute but
one agreement.

     

    IN
WITNESS WHEREOF, each of the parties hereto have duly executed this
Amendment No. 1 to the Transition Agreement as of the date set forth
above.

    


    
      
        	
                Clarus
      Corporation

              	
                Kanders
      & Company,
      Inc.

              
	 
      	 
      
	 
      	 
      
	
                By:  /s/ Robert
      Peay

              	
                By:
      /s/ Warren B.
      Kanders

              
	
                Name:  Robert
      Peay

              	
                Name: Warren B.
      Kanders

              
	
                Title:   
      Chief Financial Officer

              	
                Title:   President
# C o u rt o f

A p p ea ls

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ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

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To m m y Ri card o B o w e n s p l ed g u i l t y t o p o s s es s io n o f co cai n e wi t h i n t en t to

d i s t ri b u t e an d ob s tru ct i o n i n No v em b er o f 2 0 1 6

. Ap p ro x im at el y two m o n t h s l at er,

Bo wen s fi l ed a “ M o t i o n f o r a n Ou t o f Ti m e Ap peal .” Th e t ri al co urt d en i ed t h e

m o ti o n

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.

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, 2 3 7 Ga. A p p

. 6 9 6, 6 9 6 ( 5 1 5 SE2 d 19 8 ) (1 99 9 ); s ee al s o

W et h er in g t o n v. S t a t e

, 2 9 6 Ga. 4 5 1 (7 6 9 SE2 d 53 ) (2 0 1 5 ) (ad d res s i n g m eri t s o f d i rect

ap p eal fro m d en i al o f m o t i o n fo r o u t -o f-t i m e ap p eal fo l l o wi n g g u i l ty p l ea).

Acco rd in g ly

, t h i s ap p l icat i o n fo r d i s cret i o n ary ap p eal i s h ereb y GRANTED p u rs u an t

t o OCGA § 5 -6 -3 5 (j). Bo wen s s h al l h av e t en d ay s fro m t h e d at e o f t h i s o rd er t o fi l e

h i s n o t i ce o f ap p eal i n t h e t ri al co u rt

. OCGA § 5 -6 -3 5 (g ). Th e cl erk o f t h e t ri al co u rt

i s d i rect ed t o i n cl u d e a c o p y o f t h i s o rd er in t h e reco rd t ran s m i t t ed t o t h e Co u rt o f

Ap p eal s.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

.

W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. August 02, 2017

08/02/2017
#### The People of the State of New York, Respondent, v Isaac Diggins, Appellant.

Submitted April 23, 2012;

decided April 26, 2012

Reported below, 84 AD3d 667.

Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
# C_2019172EN.01003101.xml

| 20.5.2019 | EN | Official Journal of the European Union | C 172/31 |
| --- | --- | --- | --- |

20.5.2019

EN

Official Journal of the European Union

C 172/31

---

Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole)

(Case T-611/17) (1)

(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a shoe sole - Well known facts - Obligation to state reasons - Rights of defence - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) - Distinctive character acquired through use - Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) - Rejection of the request to hold a hearing before the Board of Appeal - Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)

(2019/C 172/43)

Language of the case: French

Parties

Applicant: All Star CV (Beaverton, Oregon, United States) (represented by: R. Kunze, G. Würtenberger, lawyers, and S. Malynicz QC)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carrefour Hypermarchés (Évry, France) (represented by: C. Verneret, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 June 2017 (Case R 952/2014-4), relating to invalidity proceedings between Carrefour Hypermarchés and All Star.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders All Star CV to pay the costs. |
| --- | --- |

2.

Orders All Star CV to pay the costs.

---

(1)  OJ C 374, 6.11.2017.

---
Exhibit 32.2   Certification of the Principal Accounting Officer 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 Liberty Silver Corp. (the "Company") on Form 10-Q for the fiscal period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), John Pulos, the Chief Financial Officer of the Company, hereby certifies, 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.  /s/ John PulosChief Financial Officer  Date: February 11, 2011
If this opinion indicates that it is “FOR PUBLICATION,” it is subject to 

revision until final publication in the Michigan Appeals Reports.

S T A T E O F M I C H I G A N

C O U R T O F A P P E A L S

UNPUBLISHED

In re DONALD, Minors. February 28, 2019

No. 342984

Eaton Circuit Court

Family Division

LC No. 17-019750-NA

Before: CAMERON, P.J., and BECKERING and RONAYNE KRAUSE, JJ. 

RONAYNE KRAUSE, J., (concurring). 

I concur in the result of the majority opinion, however for a more limited reason. It is 

clear that the children in this case were severely abused by respondent’s then husband who was 

living in the house at the time. 

The majority opinion indicates that regardless of whether respondent was the perpetrator, 

the trial court did not clearly err in concluding that termination was warranted under MCL 

712A.19b(3)(b)(ii) and this Court need only find one statutory ground was established by clear 

and convincing evidence to terminate parental rights. In re Ellis, 294 Mich App 30, 32; 817 

NW2d 111 (2011). Because I agree with this finding, I concur in the result. While the trial court 

found that respondent committed some of the acts of abuse against the children, it focused more 

on the depth of the abuse and that respondent allowed it to go on, even if she did not commit “a 

lot of the abuse herself.” 

Recanting by witnesses in domestic violence situations is very common. The evidence 

may be equivocal regarding whether respondent committed the heinous acts of child abuse in this 

case, however it is clear respondent did not protect nor prevent her children from abuse by her 

husband as required by MCL 712A.19b(3)(b)(ii). 

/s/ Amy Ronayne Krause
# C_2018063EN.01002201.xml

| 19.2.2018 | EN | Official Journal of the European Union | C 63/22 |
| --- | --- | --- | --- |

19.2.2018

EN

Official Journal of the European Union

C 63/22

---

Action brought on 29 December 2017 — Sports Group Denmark v EUIPO — K&L (WHISTLER)

(Case T-836/17)

(2018/C 063/30)

Language in which the application was lodged: English

Parties

Parties

Applicant: Sports Group Denmark A/S (Ikast, Denmark) (represented by: E. Skovbo, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: K&L GmbH & Co. Handels-KG (Weilheim, Germany)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant

Applicant of the trade mark at issue:

Trade mark at issue: EU figurative mark containing the word element ‘WHISTLER’ — Application for registration No 12 870 648

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the First Board of Appeal of EUIPO of 18 October 2017 in Case R 311/2017-1

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | reject the opposition in its entirety; |
| --- | --- |

—

reject the opposition in its entirety;

| — | order EUIPO to bear the costs. |
| --- | --- |

—

order EUIPO to bear the costs.

Plea in law

Plea in law

| — | Infringement of article 8 (1) (b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of article 8 (1) (b) of Regulation No 207/2009.

---
I 

116TH CONGRESS 

1ST SESSION H. R. 2224 

To amend title 38, United States Code, to direct the Secretary of Labor 

to prioritize the provision of services to homeless veterans with dependent 

children in carrying out homeless veterans reintegration programs, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Ms. BROWNLEY of California introduced the following bill; which was referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services 

to homeless veterans with dependent children in carrying 

out homeless veterans reintegration programs, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeless Veterans 

5 with Children Reintegration Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2224 IH

1 SEC. 2. PRIORITY UNDER HOMELESS VETERANS RE2 INTEGRATION PROGRAMS FOR HOMELESS 

3 VETERANS WITH DEPENDENT CHILDREN. 

4 (a) PRIORITY FOR HOMELESS VETERANS WITH DE5 PENDENT CHILDREN.—Subsection (a) of section 2021 of 

6 title 38, United States Code, is amended— 

7 (1) by striking ‘‘Subject to’’ and inserting ‘‘(1) 

8 Subject to’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) In conducting programs under this section, the 

12 Secretary shall prioritize the provision of services to home13 less veterans with dependent children.’’. 

14 (b) ADDITIONAL REPORTING REQUIREMENTS.—Sub15 section (d) of such section is amended— 

16 (1) by striking ‘‘the report an evaluation of 

17 services’’ and all that follows and inserting ‘‘each 

18 such report—’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(1) an evaluation of services furnished to vet21 erans under this section and an analysis of the infor22 mation collected under subsection (b); 

23 ‘‘(2) an analysis of any gaps in access to shel24 ter, safety, and services for homeless veterans with 

25 dependent children; and 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 2224 IH

1 ‘‘(3) recommendations for improving any gaps 

2 identified under paragraph (2).’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
Exhibit 10.02





Exhibit 10.02









Domestic Relocation Assistance Repayment Agreement With Home Sale Assistance




Relocating Employee Must Sign This Agreement




I have read and fully understand Flextronics International USA, Inc relocation assistance
benefits as listed on the addendum to my offer letter. This addendum describes the relocation
benefits potentially reimbursable or paid directly by the company on my behalf. My signature below
acknowledges that I have reviewed this information and fully understand the assistance to be
provided to me.



In return for Flextronics providing me with relocation assistance, I agree that the amounts
received directly by me, or paid to others on my behalf for moving and relocation expenses
(“relocation amount”) shall be considered conditional payments until I have completed 24 months of
employment with Flextronics from an effective transfer date. If I voluntarily leave Flextronics or
am terminated for gross misconduct before serving 24 months from the effective transfer date or do
not relocate, I agree to promptly refund a pro rated portion of all relocation expenses paid on my
behalf based on the number of months I have remained employed with Flextronics:



	 	 	 	 	 
	Relocation to Termination Date	 	% Reimbursed by Transferee	 
	1 month or less
	 	 	100	%
	2-3 months
	 	 	90	%
	4-5 months
	 	 	80	%
	6-7 months
	 	 	70	%
	8-9 months
	 	 	60	%
	10-11 months
	 	 	50	%
	12-13 months
	 	 	40	%
	14-15 months
	 	 	30	%
	16-17 months
	 	 	25	%
	18-19 months
	 	 	20	%
	20-21 months
	 	 	15	%
	22-23 months
	 	 	10	%
	23-24 months
	 	 	5	%






The signature on this agreement is considered authorization for Flextronics to withhold, if
necessary and permissible, any such amount due from my salary or other accrued compensation and
deduct the above amount from my last paycheck.



I understand that this agreement does not alter my status as an employee at will of
Flextronics or one of its subsidiaries, and that my employment may be terminated at any time, with
or without cause and with or without notice. In addition, I understand that if my employment with
Flextronics ends before serving 24 months from my effective transfer date, for whatever reason,
that all benefits under this agreement will immediately cease.



	 	 	 	 	 	 	 
	/s/ Francois Barbier
 

Relocating Employee Signature

	 	Francois Barbier
 

Print Name
	 	7/1/2010
 

Date
	 	 






Rev. 10.0.07
**Exhibit 10.35**

 

CERTAIN MATERIAL (INDICATED BYTHREE ASTERISKS) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FORCONFIDENTIAL TREATMENT.  THE OMITTEDMATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

 

AMENDMENT TO SALESREPRESENTATIVE AGREEMENT

 

This Amendment to Sales RepresentativeAgreement (the “Amendment”) is made and entered into effective as ofMarch 1, 2002 by and between OrthoLogic Corp., a Delaware corporation,with its principal place of business at 1275 West Washington Street, Tempe, AZ85281 (“OrthoLogic”), and DePuy AcroMed, Inc., an Ohio corporation, with itsprincipal place of business at 325 Paramount Drive, Raynham, MA 02767 (“DePuyAcroMed”).

 

**RECITALS**

 

A.                             OrthoLogic and DePuyAcroMed are parties to a Sales Representative Agreement, dated August 18,2000, as amended as of August 1, 2001, (the “Agreement”), under whichOrthoLogic appointed DePuy AcroMed as its exclusive sales representative tosell OrthoLogic’s SpinaLogic bone growth stimulation products, as set forth inSection 1.8 of the Agreement.

 

B.                             The parties now wish toadd a new Section 12.2.1 to the Agreement.

 

**AGREEMENTS**

 

In consideration of the following mutualcovenants, the adequacy and sufficiency of which are hereby acknowledged, the partieshereby agree as follows:

 

1.                                       A newSection 12.2.1 is hereby added, to read, as follows:

 

“Notwithstanding Section 12.2, effective March 1, 2002,OrthoLogic shall pay DePuy AcroMed commissions of ***% of the Net Sales Pricefor all Product sales made ***. At any time, either party may discontinue the*** upon 60 days’ prior written notice to the other party. Upon discontinuationof the ***, the commission rate to be paid by OrthoLogic to DePuy AcroMed willbe governed by Section 12.2 and this Section 12.2.1 shall no longerhave any force or effect.

 

2.                                       Exceptas amended hereby, all provisions and terms of the Agreement shall remain inforce and unchanged.

 

 
| ORTHOLOGIC  CORP. | DEPUY  ACROMED, INC. |
|-------------------|----------------------|
|              |                 |
| Name:             | /s/ Thomas  Trotter  |   | Name: |    (signature illegible) |   |
|              |                 |   |   |   |   |
| Title:            | President /  CEO     |   | Title: |    VP SALES |   |
|              |                 |   |   |   |   |
| Date:             | 3/29/02              |   | Date: |    3/28/02 |   |
|                   |                      |  |  |  |  |  |  |

 

----

***Certain information on thispage has been filed separately with the Securities and ExchangeCommission.  Confidential treatment hasbeen requested with respect to the omitted portions.

 

----