alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
a50264330ex10-3.htm


Exhibit 10.3







AMENDMENT TO EMPLOYMENT AGREEMENT







This Amendment to the Employment Agreement (“Amendment”) is made and entered into as of May 7, 2012 (the “Effective Date”) by and between Coach, Inc., a Maryland corporation (the “Company”) and Michael Tucci (the “Executive”) for the purpose of amending the Employment Agreement by and between the Company and the Executive dated as of November 8, 2005 (the “2005 Employment Agreement”), as subsequently amended by a Letter Agreement between the Company and the Executive dated August 5, 2008 (the “2008 Letter Agreement” and, collectively with the 2005 Employment Agreement, the “Employment Agreement”).







WHEREAS, upon the terms and conditions set forth herein, the parties hereto desire to modify certain terms of the Employment Agreement as hereinafter provided;







WHEREAS, Section 4999 of the Internal Revenue Code of 1986, as amended, may impose an excise tax (the “Parachute Tax”) on certain payments to an executive following a change-in-control; and







WHEREAS, Section 8 of the Employment Agreement provides for a “Gross-up Payment” (as such term is defined in the Employment Agreement and commonly referred to as a “280G Gross-Up”) to the Executive to offset any Parachute Tax imposed following the Executive’s receipt of payments or benefits pursuant to the Employment Agreement; and







WHEREAS, the Human Resources Committee of the Board of Directors of the Company, with the support of the Company’s management, has approved the elimination of the 280G Gross-Up benefit for all Company executives that currently receive such benefit;







NOW, THEREFORE, in consideration of the foregoing recitals, and in consideration of the mutual promises and covenants set forth below, the Company and the Executive hereby agree as follows:







1.           Amendment to Section 8. Section 8 of the Employment Agreement entitled “Parachute Payments” is hereby deleted in its entirety and reserved for future use.


 


2.           Except as otherwise specifically provided in this Amendment, the Employment Agreement shall remain in full force and effect.


 


IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written.


 


 


 




  





  











  






 


 




	  	COMPANY
	  	 	  	 
	  	By:	
/s/ Sarah Dunn

	 
	  	Its: 	
Executive Vice President, Human Resources

	 
	  	 	  	 
	  	EXECUTIVE
	  	 	  	 
	  	 	
/s/ Michael Tucci

	 
	  	 	
Michael Tucci
```
 
 
MSCI EAFE MINI INDEX - NYSE LIFFE                                    Code-244041
FUTURES ONLY POSITIONS AS OF 05/07/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:       87,848
COMMITMENTS
  22,807    4,449    1,758   57,761   79,750   82,326   85,957    5,522    1,891

CHANGES FROM 04/30/13 (CHANGE IN OPEN INTEREST:      1,973)
     425    1,658       10    2,436      704    2,871    2,372     -898     -399

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    26.0      5.1      2.0     65.8     90.8     93.7     97.8      6.3      2.2

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       82)
      12        5        1       42       36       54       42
 
 
MSCI EMERGING MKTS MINI INDEX - NYSE LIFFE                           Code-244042
FUTURES ONLY POSITIONS AS OF 05/07/13                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(MSCI EAFE INDEX X $50)                              OPEN INTEREST:      201,042
COMMITMENTS
  65,719   32,511    1,209  117,985  161,950  184,913  195,670   16,129    5,372

CHANGES FROM 04/30/13 (CHANGE IN OPEN INTEREST:        328)
   1,091   -4,851      -10   -2,198    6,190   -1,117    1,329    1,445   -1,001

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    32.7     16.2      0.6     58.7     80.6     92.0     97.3      8.0      2.7

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      141)
      35       13        7       70       51      109       67
```

----

Updated May 10, 2013
Elisha GILBERT, Jr., petitioner, v. Frederick L. DANIELS, Jr., et al.

No. 17-8917.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Form of certificate



 Exhibit 4.2 

 

							
	 NUMBER
	  		  		  	SHARES    
	 *****
	  		  		  	*****

 ZIONS BANCORPORATION 
 TOTAL AUTHORIZED: 250,000 SHARES 
 Series F Fixed-Rate Non-Cumulative Perpetual
Preferred Stock 
 WITHOUT PAR VALUE 
 THIS CERTIFIES THAT                    is the registered holder
of            Shares of Series F Fixed-Rate Non-Cumulative Perpetual Preferred Stock transferable only on the books of the Corporation by the holder hereof in person or by Attorney upon
surrender of this Certificate properly endorsed. 
 In Witness Whereof, the said Corporation has caused this Certificate to be
signed by its duly authorized officers and its Corporate Seal to be hereunto affixed this    day of            A.D. 20    . 

UPON REQUEST, AND WITHOUT CHARGE, THE CORPORATION WILL FURNISH TO ANY STOCKHOLDER A FULL STATEMENT OF THE DESIGNATIONS, PREFERENCES, LIMITATIONS AND
RELATIVE RIGHTS OF THE COMMON STOCK AND PREFERRED STOCK (INCLUDING ALL SERIES THEREOF) OF THE CORPORATION. 
 For value
received,            hereby sell, assign and transfer unto                    Shares
represented by the within Certificate and do hereby irrevocably constitute and appoint            Attorney to transfer the said Shares on the books of the within named Corporation with full
power of substitution in the premises. 

Dated                    A.D. 20 

    In presence of
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

JOSEPH BOND, on behalf of himself and 

others similarly situated, 

Plaintiff, 

vs. 

FOLSOM INSURANCE AGENCY LLC, 

CODY FOLSOM, and BERKSHIRE 

HATHAWAY HOMESTATE COMPANIES 

Defendants.

§

§

§

§

§

§

§

§

§

§

§

CA No. 1:24-cv-00075-MJT 

ORDER GRANTING DEFENDANTS FOLSOM INSURANCE AGENCY LLC, AND 

CODY FOLSOM’S UNOPPOSED MOTION TO SUBSTITUTE COUNSEL 

On this date the Court considered Defendants Folsom Insurance Agency LLC and Cody 

Folsom’s Unopposed Motion to Substitute Counsel (“Motion”). After considering the Motion, the 

Court is of the opinion that the Motion should be in all things GRANTED. 

It is therefore ORDERED that Haley Susan Eastham and Dentons US LLP, are hereby 

withdrawn as attorneys of record for Defendants Folsom Insurance Agency, LLC and Cody 

Folsom, and Jason R. Jobe, Yesha P. Patel, and Thompson, Coe, Cousins, & Irons, LLP, are hereby 

substituted as counsel of record for Defendants Folsom Insurance Agency and Cody Folsom. 

# # # END OF ORDER # # # 

Case 1:24-cv-00075-MJT Document 10-1 Filed 07/17/24 Page 1 of 1 PageID #: 41
* P ursuant to 5 TH C IR. 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________ No. 96-60830

_______________

PAUL L. TREGRE, JR., Petitioner-Appellant,
VERSUS COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

_________________________ Appeal from the Decision of the United States Tax Court (5464-94)

_________________________ October 10, 1997 Before REYNALDO G. GARZA, SMITH, and WIENER, Circuit Judges.
PER CURIAM: *

We have reviewed the briefs and pertinent portions of the record and have heard the arguments of counsel. We conclude that the facts found by the Tax Court are not clearly erroneous and that the Commissioner met her burden by clear and convincing evidence. There is no error in the finding of fraud or in the determination of an underpayment of tax.2

The decision of the Tax Court, accordingly, is AFFIRMED.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KORY T. O ’ BRIEN,

Plaintiff

- Appellant,

v.
K. E. SAID; et al.,

Defendants

- Appellees. No. 18

- 16864

D.C. No. 1:18

- cv

- 00741

- LJO

- SAB

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Lawrence J. O ’ Neill, Chief Judge, Presiding

Submitted February 19, 2019 **

Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

California state prisoner Kory T. O’Brien appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs

. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo

. Watison v. Carter , 668 F.3d 1108, 1112 (9th Cir.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

FEB 22 2019

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 18

- 16864

2012) ( 28 U.S.C. § 1915(e)(2)(B)(ii) ) ; Wilhelm v. Rotman , 680 F.3d 1113, 11 18

(9th Cir. 2012) (28 U.S.C. § 1915A)

. We affirm in part , reverse in part , and

remand.

The district court properly dismissed O’Brien’s deliberate indifference claim

against defendants Dr s . Shiesha, Baniga, and Moustafa because O’Brien failed to

allege facts sufficient to show that these defendants were deliberately indifferent in

treating O’Brien’s high cholesterol. See Toguchi v. Chung
, 391 F.3d 1051, 1057

(9th Cir. 2004) (a prison official acts with deliberate indifference only if he or she

knows of and disregards an excessive risk to the prisoner’s health); Starr v. Baca
,
652 F.3d 1202
, 1207 (9th Cir. 2011 ) ( supervisor s are not vicario usly liable under

§ 1983 for the culpable conduct of their subordinates ).

The district court, however, erroneously dismissed O’Brien’s deliberate

indifference claim against Dr. El Said

. O’Brien allege d in the amended complaint

that Dr. El Said knew of O’Brien’s high cholesterol, failed to provide treatment,

further failed to inform O’Brien regarding his condition, and that O’Brien suffered

harm as a result . These allegations, liberally construed, are “sufficient to warrant

... a n answer.” See Wilhelm , 680 F.3d at 1116, 11 2 2

- 23

. W e reverse the judgment

as to th e claim against Dr. El Said only and remand for further proceedings.

AFFIRMED in part , REVERSED in part , and REMANDED

.
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Eastern District of Texas

12/20/2023

Case 2:23-cv-00617-RWS-RSP Document 4-2 Filed 12/20/23 Page 1 of 2 PageID #: 308
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Case 2:23-cv-00617-RWS-RSP Document 4-2 Filed 12/20/23 Page 2 of 2 PageID #: 309
[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Presidential Documents]
[Page 32943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11809]



[[Page 32941]]

Vol. 87

Tuesday,

No. 104

May 31, 2022

Part VI





The President





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



Presidential Determination No. 2022-14 of May 23, 2022--Designation of 
Colombia as a Major Non-NATO Ally



Executive Order 14074--Advancing Effective, Accountable Policing and 
Criminal Justice Practices To Enhance Public Trust and Public Safety


                        Presidential Documents 



Federal Register / Vol. 87 , No. 104 / Tuesday, May 31, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 32943]]

                Presidential Determination No. 2022-14 of May 23, 2022

                
Designation of Colombia as a Major Non-NATO Ally

                Memorandum for the Secretary of State

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 517 of the Foreign 
                Assistance Act of 1961, as amended (22 U.S.C. 2321k) 
                (the ``Act''), I hereby designate Colombia as a Major 
                Non-NATO Ally of the United States for the purposes of 
                the Act and the Arms Export Control Act (22 U.S.C. 2751 
                et seq.).

                You are authorized and directed to publish this 
                determination in the Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, May 23, 2022

[FR Doc. 2022-11809
Filed 5-27-22; 11:15 am]
Billing code 4710-10-P
EXHIBIT 3.5

                            CERTIFICATE OF AMENDMENT TO THE

                        CERTIFICATE OF LIMITED PARTNERSHIP OF

                                  JPS AUTOMOTIVE L.P.


     The undersigned, desiring to amend the Certificate of Limited
Partnership of JPS Automotive L.P. pursuant to Section 17-202 of the Delaware
Revised Uniform Partnership Act, hereby certifies as follows:

FIRST:    The name of the limited partnership is JPS Automotive L.P. 
(hereinafter, the "Partnership").

SECOND:   Item 3 of the Certificate of Limited Partnership is amended as 
follows:

    "3. JPSGP Inc. has withdrawn as a general partner of the Partnership. The
name and business address of the general partner of the Partnership is PACJ, 
Inc., 701 McCullough Drive, Charlotte, North Carolina 28262."

     IN WITNESS WHEREOF, the undersigned has caused this Certificate of 
Amendment to the Certificate of Limited Partnership to be duly executed as of 
the 11th day of December, 1996.

                           General Partner
                           PACJ, Inc.

                           By: /s/ J. Michael Stepp
                               ____________________________

<PAGE>
AMENDMENT TO STOCK OPTION AGREEMENT


         AMENDMENT TO STOCK OPTION AGREEMENT,  made and entered into as of March
23,  1995,  by and between  Gary S. Glatter  ("Glatter")  and H.E.R.C.  Products
Incorporated ("HERC").

         WHEREAS,  Glatter and HERC entered into a Stock Option  Agreement dated
as of January 1, 1994 ("Stock Option Agreement"); and

         WHEREAS,  Glatter and HERC wish to amend the Stock Option  Agreement on
the terms and conditions set forth herein.

         IT IS AGREED:

         1.  Paragraph 2 (a) of the Stock Option  Agreement is hereby amended by
deleting the phrase "$5.00 per share"  therefrom  and by  substitute  the phrase
"$2.50 per share" in lieu thereof.

         2.  Paragraph 2 (b) of the Stock Option  Agreement is hereby amended by
deleting the phrase "$6.25 per share"  therefrom and by substituting  the phrase
"$3.125 per share" in lieu thereof.

         3.  Paragraph 2 (c) of the Stock Option  Agreement is herby  amended by
deleting the phrase "$7.50 per share"  therefrom and by substituting  the phrase
"$3.75 per share" in lieu thereof.

         The  undersigned  have  executed  this  Agreement as of the 23rd day of
March 1995.


                                             H.E.R.C. Product Incorporated



                                             By:  /s/ Shelby A. Carl
                                                  ------------------------------
                                                  SHELBY A. CARL
                                                  Chairman of the Board and
                                                  Chief Executive officer



                                                  /s/ Gary S. Glatter
                                                  ------------------------------
                                                  GARY S. GLATTER
## 1998 D e c i sion s O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit

9-23-1998 

# Unit ed S t a t es v

. E lec tr o dyne S ys C or p
P r e c e de n t i al or N on-P r e c e de n t i al : D ocke t 97-5366

F o l lo w thi s a nd a dd it ion al w ork s a t : h tt p://d i g it alc ommon s .l a w . v i l l a no v a . e du/thir dc ir c uit_1998

Thi s de c i sion i s br ou gh t t o y ou for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit a t V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 1998 D e c i sion s b y a n a uthor i z e d a dmini s tr a t or of V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al Re posit or y

. F or mor e infor m a t ion, p le as e c on t a ct Be n j a min
. C a rl s on@l a

w . v i l l a no v a . e du

. 

## Re c omme nde d C it a t ion

" U nit e d S t a t e s v

. Ele ctr ody ne S ys C or p " (1998). 1998 D e cisio n s . P ape r 233. h tt p://d i g it alc ommon s .l a

w . v i l l a no v a . e du/thir dc ir c uit_1998/233

### UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 97-5366 USA v. Electrodyne Systems Corp.
The following modifications have been made to t he Court's opinion issued on June 10, 1998 in the above-entitl ed appeal and will appear as part of the final version of the opi nion:

Page 252 (147 F.3d 250) Making a False Statemen t During Plea "Allocation" should be "Allocution"

/s/ P. Dou glas Sisk, Clerk

September 23, 1998
<PAGE>
 
                                                                   EXHIBIT 23.1


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
    
As independent public accountants, we hereby consent to the incorporation of 
our report included in this Form 10-K/A, into Charles E. Smith Residential 
Realty, Inc's previously filed Registration Statement File No. 33-82382,
Registration Statement File No. 33-93986, Registration Statement File No. 
33-80835, Registration Statement File No. 333-340, Registration Statement 
File No. 333-8129 and Registration Statement File No. 333-17053.     
                                       
                                           
                                       /s/ Arthur Andersen LLP      

                                       Arthur Andersen LLP
    
Washington, D.C. 
January 21, 1997
`DTCC Repo-US Treasury <30 YR - NYSE LIFFE - NYPC                     Code-045L2T
OPTION AND FUTURES COMBINED POSITIONS AS OF 05/21/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF $5,000,000)                            OPEN INTEREST:       54,819
COMMITMENTS
   1,833    7,049    2,384   50,527   45,199   54,744   54,632       75      187

CHANGES FROM 05/14/13 (CHANGE IN OPEN INTEREST:        634)
     -29   -1,112      261      422    1,440      654      589      -20       45

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     3.3     12.9      4.3     92.2     82.5     99.9     99.7      0.1      0.3

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       43)
       4       10        7       21       25       30       39`

---

Updated May 24, 2013
Elijah Loren ARTHUR, Petitioner, v. UNITED STATES.

No. 19-7707.

Supreme Court of the United States.

March 23, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.