alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w4



 






Exhibit 10.4



FIRST AMENDMENT TO THE

HOLLY ENERGY PARTNERS, L.P.

LONG-TERM INCENTIVE PLAN



     THIS FIRST AMENDMENT is effective January 1, 2005 and is made on behalf of Holly Energy
Partners, L.P. (the “Partnership”) by Holly Logistic Services, L.L.C., a Delaware limited liability
company (the “Company”).



WITNESSETH:




     WHEREAS, the board of directors of the Company (the “Board”) adopted the Holly Energy
Partners, L.P. Long-Term Incentive Plan, effective August 4, 2004 (the “Plan”);



     WHEREAS, Section 7(a) of the Plan provides that the Plan may be amended by the Board without
approval of any unitholder of the Company or approval of any other person, except as required by
the rules of the securities exchange on which the units are traded, or except as to provide for a
change that materially reduces the benefits of a participant; and



     WHEREAS, the Board desires to amend the Plan to revise the definition of Fair Market Value to
allow the Compensation Committee to utilize an alternate definition under which value will be based
on the average unit market value over a 30-day trading period.



     NOW, THEREFORE, the definition of “Fair Market Value” in Section 2 of the Plan shall be
revised in its entirety to read as follows:




     “Fair Market Value” means one of the following as determined at the
time of authorization of an Award by the Committee in its sole discretion:
(i) the closing sales price of a Unit on the date of determination (or if
there is no trading in the Units on such date, on the next preceding date on
which there was trading) as reported in The Wall Street Journal (or other
reporting service approved by the Committee) or (ii) if selected by the
Committee in its sole discretion for a particular Award or Awards, the
average of the closing sales prices of a Unit as reported in The Wall Street
Journal (or other reporting service approved by the Committee) for a period
of 30 consecutive trading days ending on the date of determination or on a
date not more than five trading days prior to the date of determination as
specified by the Committee at the time of authorization of an Award.
Notwithstanding the foregoing, in the event Units are not publicly traded at
the time a determination of Fair Market Value is required to be made
hereunder, the determination of Fair Market Value shall be made in good
faith by the Committee.



     NOW, THEREFORE, be it further provided that, except as provided above, the Plan shall remain
unchanged.



1









 





     IN WITNESS WHEREOF, this First Amendment has been executed by a duly authorized officer of the
Company as of the date specified below and effective as set forth herein.



	 	 	 	 	 
	 	 	HOLLY LOGISTIC SERVICES, L.L.C.
	 
	 	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Name:	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Title:	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Date:	 	 
	 

	 	 	 	 






2
#### In the Matter of Hailey *ZZ.,*a Child Alleged to be Permanently Neglected. Tompkins County Department of Social Services, Respondent; Ricky *ZZ.,*Appellant.

Submitted December 12, 2011;

decided January 5, 2012

Reported below, 85 AD3d 1265.

Motion by Legal Aid Bureau of Buffalo, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 19 copies filed within seven days.
#### Raumel Sobaranis URENA, a/k/a Raumel Soberanis Urena, a/k/a Justino Soberanis Urena, a/k/a Raumel Soberanis, a/k/a Justino Soberanis, Petitioner-Appellant, v. Jennifer H. LANGLEY, Respondent-Appellee.

No. 06-7080.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 14, 2006.

Decided: Dec. 20, 2006.

Raumel Sobaranis Urena, Appellant Pro Se. Clarence Joe DelForge III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Raumel Sobaranis Urena seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Urena has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 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.

*DISMISSED.*
[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Notices]
[Page 32609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15189]


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

DEPARTMENT OF DEFENSE

Department of the Army; Army Corps of Engineers


Grant of Exclusive Licenses

AGENCY: U.S. Army Corps of Engineers, DOD.

ACTION: Notice.

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

SUMMARY: In accordance with 37 CFR 404.7(b)(1)(i), announcement is made 
of a prospective exclusive license in each of the following countries 
covered by European Patent Office application number 94926514.4, title 
``Concrete Armor Unit to Protect Coastal and Hydraulic Structures and 
Shorelines.'' The countries are: Austria, Belgium, Denmark, Germany, 
Greece, Ireland, Luxembourg, Netherlands, Sweden, and Switzerland.

DATES: Written objections must be filed not later than August 14, 2001.

ADDRESSES: U.S. Army Waterways Experiment Station, 3909 Halls Ferry 
Road, Vicksburg, MS 39180-6199, ATTN: CEWES-OC.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Stewart (601) 634-4113, <a href="/cdn-cgi/l/email-protection#1e7b33737f77726d6a7b697f6c6e5e7b667230697b6d307f6c736730737772"><span class="__cf_email__" data-cfemail="bbde96d6dad2d7c8cfdeccdac9cbfbdec3d795ccdec895dac9d6c295d6d2d7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Jeffrey A. Melby and George F. Turk invented 
The Concrete Armor Unit. Rights to the patent application identified 
above has been assigned to the United States of America as represented 
by the Secretary of the Army. The United States of America as 
represented by the Secretary of the Army intends to grant an exclusive 
license for all fields of use, in the manufacture, use, and sale in the 
territories and possessions, including territorial waters of Russia to 
W.F. Baird and Associates, a Delaware corporation with principal 
offices at 2981 Yarmouth Greenway, Madison, Wisconsin 53711. Pursuant 
to 37 CFR 404.7(b)(1)(I), any interested party may file a written 
objection to this prospective exclusive license agreement.

Richard L. Frenette,
Counsel.
[FR Doc. 01-15189 Filed 6-14-01; 8:45 am]
BILLING CODE 3710-92-M


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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1310 Engrossed in House (EH)]

H. Res. 1310

                In the House of Representatives, U. S.,

                                                           May 4, 2010.
Whereas the invention of the laser was one of the groundbreaking scientific 
        achievements of the 20th century;
Whereas in 1953, Charles H. Townes, along with graduate students James Gordon 
        and Herbert Zeiger produced the first master device, which was a 
        precursor to the laser that relied on microwave radiation instead of 
        visible or infrared radiation;
Whereas concurrent to Charles H. Townes' activities, Nikolay Basov and Aleksandr 
        Prokhorov of the Soviet Union independently produced a maser with 
        significant technical advances which allowed continuous output;
Whereas Charles H. Townes, Nikolay Basov, and Aleksandr Prokhorov shared the 
        1964 Nobel Prize in Physics for their ``fundamental work in the field of 
        quantum electronics'', which led to the construction of masers, and 
        subsequently lasers;
Whereas in 1960, Theodore H. Maiman constructed the first functioning laser at 
        Hughes Research Laboratories in Malibu, California, and the laser was 
        first operated on May 16, 1960;
Whereas Theodore H. Maiman was the recipient of the 1983/1984 Wolf Prize in 
        Physics for his realization of the first operating laser;
Whereas since being created in 1960, lasers have become an integral and 
        essential part of our daily lives. Lasers can be found in a wide range 
        of applications including in compact disc players, laser printers, 
        barcode scanners, digital video devices (DVDs), industrial welders, and 
        surgical apparatus, amongst others;
Whereas total global sales of lasers in 2010 is expected to top 5.9 billion 
        dollars;
Whereas innovations flowing from basic research such as the laser have made 
        America into the world leader in technology development;
Whereas continued support of scientific research programs is indispensible to 
        maintaining America's position as the global leader in technology and 
        innovation; and
Whereas LaserFest is a year-long celebration of the 50th anniversary intended to 
        bring public awareness to the story of the laser and scientific 
        achievement generally, and was founded by the following partners: the 
        Optical Society of America, the American Physical Society, the 
        International Society for Optical Engineering, and IEEE: Now, therefore, 
        be it
    Resolved, That the House of Representatives--
            (1) recognizes the 50th anniversary of the laser; and
            (2) recognizes the need for continued support of scientific research 
        to maintain America's future competitiveness.
            Attest:

                                                                          Clerk.
```
**Fidelity® Large Cap Growth Fund**

**Class**/Ticker

**Fidelity Advisor**®**Large Cap Growth Fund A**/FLNAX **T**/FLNTX**B**/FLNBX**C**/FLNEX

**Summary Prospectus**

**April 1, 2011**

**As Revised February 2, 2012**
#### The People of the State of New York, Respondent, v Michael Collier, Appellant.

[874 NYS2d 856] —

Appeal from a *1360judgment of the Ontario County Court (Frederick G. Reed, J.), rendered July 11, 2007. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree and grand larceny in the fourth degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Martoche, J.P., Centra, Garni and Gorski, JJ.
H. Res. 1338 

In the House of Representatives, U. S., 

May 13, 2010. 

Whereas, since its inception in 1994, the AmeriCorps national service program has proven to be a highly effective 

way to engage Americans in meeting a wide range of 

local and national needs and promoting the ethic of service and volunteering; 

Whereas, each year, AmeriCorps provides opportunities for 

85,000 citizens across the Nation to give back in an intensive way to their communities; 

Whereas those same individuals improve the lives of the Nation’s most vulnerable citizens, protect the environment, 

contribute to public safety, respond to disasters, and 

strengthen the educational system; 

Whereas AmeriCorps members serve thousands of nonprofit 

organizations, schools, and faith-based and community 

organizations each year; 

Whereas AmeriCorps members, after their terms of service 

end, are more likely to remain engaged in their communities as volunteers, teachers, and nonprofit professionals; 

Whereas, on April 21, 2009, President Barack Obama signed 

the Edward M. Kennedy Serve America Act, passed by 

bipartisan majorities in both the House of Representa-
2 

•HRES 1338 EH 

tives and the Senate, which reauthorized and will expand 

AmeriCorps programs; 

Whereas national service programs have engaged millions of 

Americans in results-driven service in the Nation’s most 

vulnerable communities, providing hope and help to people facing economic and social needs; 

Whereas, this year, as the economic downturn puts millions 

of Americans at risk, national service and volunteering 

are more important than ever; and 

Whereas 2010’s AmeriCorps Week, observed May 8 through 

May 15, provides the perfect opportunity for AmeriCorps 

members, alumni, grantees, program partners, and 

friends to shine a spotlight on the work done by members 

and to motivate more Americans to serve their communities: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) encourages all citizens to join in a national effort to salute AmeriCorps members and alumni and raise 

awareness about the importance of national and community service; 

(2) acknowledges the significant accomplishments of 

the AmeriCorps members, alumni, and community partners; and 
3 

•HRES 1338 EH 

(3) recognizes the important contributions to the 

lives of our citizens by AmeriCorps members. 

Attest: 

Clerk.
ADDENDUM TO EXPORTER SERVICES AGREEMENT


 


This Addendum to
Exporter Services Agreement (this “Addendum”) is effective as of April 25, 2016, and is by and between AmericaTowne,
Inc., a Delaware corporation doing business at 4700 Homewood Court, Suite 100 in Raleigh, North Carolina 27609 USA (“AmericaTowne”),
and FEMEB Nigeria Limited (FEMEB) doing business at 21 Coker Road, Ilupeju in Lagos, Nigeria (“Exporter”). AmericaTowne
and Exporter are collectively referred to as the “Parties” or each individually as a “Party”.


 


WHEREAS, the Parties
are parties to an Exporter Services Agreement dated April 25, 2016 (the “Exporter Agreement”).


 


WHEREAS, the Parties
reference certain related agreements or documents in the Exporter Agreement (the “Related Agreements”).


 


WHEREAS, this Addendum
is intended to incorporate and merge the Related Agreements into the Exporter Agreement constituting a fully integrated agreement.


 


NOW, THEREFORE,
for the consideration stated in the Exporter Agreement, the Parties agree that the following Related Agreements are incorporated
and merged into the Exporter Agreement:


 


Exhibit 1:PVC Proforma Invoice
No. CX20160405001 dated April 5, 2016 (the “PVC Invoice);


 


Exhibit 2:Proforma Invoice
No. 2016KL408 dated April 8, 2016 (the “GPPS Invoice”); and


 


Exhibit 3:EPS Machinery Proforma
Invoice No. 2015330 dated April 13, 2016 (“EPS Machinery”).


 


The Parties agree
that the defined terms in this Addendum for the Related Agreement; more specifically, the PVC Invoice, GPPS Invoice and EPS Machinery,
directly refer to the same terms defined in the Exporter Agreement.


 


[SIGNATURES ON NEXT PAGE]


 


 



    	-1- 



    	 



    









IN WITNESS WHEREOF,
the Parties hereto have caused this Addendum to be duly executed on their behalf by a duly authorized representative.


 


 


AMERICATOWNE


 


 


By/s/ Alton Perkins                         5/3/2016

Alton Perkins, CEO


 


EXPORTER 


 


 





By /s/ Carol Ebun Ayodele               5/9/2016

Carol Ebun Ayodele, MD, CEO



 


 


 


 








    	-2-
EXHIBIT 32.1




CERTIFICATION




Pursuant to the requirement set
forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63 of Title 18
of the United States Code (18 U.S.C. §1350), Kenneth Chahine, Chief Executive Officer of Avigen, Inc. (the Company), and Thomas J.
Paulson, Chief Financial Officer of the Company, each hereby certify that, to the best of his knowledge:


|1. |  | The Companys Annual Report on Form 10-K for the
period ended December 31, 2005, and to which this Certification is attached as Exhibit 32.1, (the Periodic Report) fully complies with the
requirements of Section 13(a) or Section 15(d) of the Exchange Act, and
|-- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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



In Witness Whereof, the
undersigned have set their hands hereto as of the 14th day of March, 2006.




/s/ KENNETH G. CHAHINEKenneth G. ChahineChief Executive Officer




/s/ ANDREW A. SAUTERAndrew A. SauterVice President, Finance




4


---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           8,469
<SECURITIES>                                         0
<RECEIVABLES>                                   73,696
<ALLOWANCES>                                     2,910
<INVENTORY>                                    120,502
<CURRENT-ASSETS>                               219,905
<PP&E>                                         108,723
<DEPRECIATION>                                  33,354
<TOTAL-ASSETS>                                 596,646
<CURRENT-LIABILITIES>                          117,967
<BONDS>                                        111,214
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           206
<OTHER-SE>                                     175,938
<TOTAL-LIABILITY-AND-EQUITY>                   596,646
<SALES>                                        564,965
<TOTAL-REVENUES>                               565,358
<CGS>                                          387,794
<TOTAL-COSTS>                                  526,681
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   830
<INTEREST-EXPENSE>                              26,895
<INCOME-PRETAX>                                 10,952
<INCOME-TAX>                                     4,145
<INCOME-CONTINUING>                              6,807
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,807
<EPS-BASIC>                                       0.33
<EPS-DILUTED>                                     0.32


</TABLE>
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 the Interior

###### Bureau of Land Management 

          - [CO-930-1430-ET; COC-017768] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Public Land Order. 

# SUMMARY:

This order extends Public Land Order No. 5979 for an additional 20-year period. This extension is necessary to continue the protection of two Bureau of Land Management administrative sites. The lands have been and will remain open to mineral leasing. 

# EFFECTIVE DATE:

September 3, 2001. 

# FOR FURTHER INFORMATION CONTACT:

Doris E. Chelius, BLM Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215-7093, 303-239-3706. 

# SUPPLEMENTARY INFORMATION:

By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (1994), it is ordered as follows: 

1. Public Land Order No. 5979, which withdrew public lands to protect two Bureau of Land Management administrative sites, is hereby extended for an additional 20-year period following its date of expiration. 

2. This withdrawal will expire 20 years from the effective date of this order unless, as a result of a review conducted prior to the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (1994), the Secretary determines that the withdrawal shall be extended. 

Dated: May 29, 2001. 

Gale A. Norton, 

Secretary of the Interior. 

[FR Doc. 01-14826 Filed 6-12-01; 8:45 am] 

BILLING CODE 4310-JB-P