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



Exhibit 10.3
EXECUTION COPY



FIRST AMENDMENT 
TO
 EMPLOYMENT AGREEMENT
May 31, 2019
Whereas, Watford Holdings Ltd., a Bermuda corporation (the “Company”), and John Rathgeber (the “Executive”) entered into an employment agreement dated December 4, 2018 (the “Employment Agreement”);
Whereas, Section 12.02 of the Employment Agreement provides that the Company and the Executive may amend the Employment Agreement by written agreement executed and delivered to each party; 
Whereas, the Company and the Executive desire to amend the Employment Agreement as permitted by Section 12.02 thereof;
NOW THEREFORE, the Company and the Executive hereby amend the Employment Agreement as provided herein.
1.    Section 12.09 of the Employment Agreement is hereby amended by adding the following sentence to the end of such Section 12.09: 
Notwithstanding anything to the contrary in this Agreement, all payments or benefits that are due after December 31 of the calendar year following the calendar year in which such payment or benefit vests for purposes of Section 457A of the Code, shall be made or provided on such December 31.    
2.    Except as amended herein, the Employment Agreement shall remain in full force and effect without modification. 
3.     The provisions of this First Amendment to the Employment Agreement may be amended or waived only by a written agreement executed and delivered by the Company and the Executive. No other course of dealing between the parties to this First Amendment to the Employment Agreement or any delay in exercising any rights hereunder will operate as a waiver of any rights of any such parties.
4.    This First Amendment to the Employment Agreement may be executed simultaneously in two counterparts, any one of which need not contain the signatures of more than one party, but all of which counterparts taken together will constitute one and the same agreement. 
6.    ALL QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY AND INTERPRETATION OF THIS AGREEMENT WILL BE GOVERNED BY THE INTERNAL LAW OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. 
7.    The parties agree to the nonexclusive jurisdiction of the federal and state courts situated in New York County, New York, for the resolution of any dispute arising under this Agreement or under any share-based award agreements between the Company and the Executive. 


- 1-





IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Employment Agreement as of the date and year first above written.
	
		
	WATFORD HOLDINGS LTD.

	 
	 

	By:
	/s/ Jonathan D. Levy

	 
	Name: Jonathan D. Levy

	 
	Title: President and Chief Risk Officer

	 
	 

	EXECUTIVE

	 
	 

	By:
	/s/ John Rathgeber

	 
	Name: John Rathgeber






- 2-
EXHIBIT 32.1





CERTIFICATIONS 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 National Beef Packing Company, LLC (the Company) on Form 10-Q for the period ended May 28, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Timothy M. Klein, 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, as amended; 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/ Timothy M. KleinTimothy M. KleinChief Executive Officer


Date: July 8, 2011
**EXHIBIT32.1**

**CERTIFICATIONSPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

     In connectionwith the Quarterly Report of National Beef Packing Company, LLC (the Company)on Form 10-Q for the period ended November 25, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the Report), I, John R.Miller, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that: 

     (1)The Report fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and 

     (2)The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

|     |  |                                         |
|-----|--|-----------------------------------------|
| By: |  | /s/ John R. Miller                      |
|     |  | John R. Miller*Chief Executive Officer* |

Date: January 5, 2007
STATE of North Carolina v. Richard Wayne VASSEY.

No. 54P03-3.

Supreme Court of North Carolina.

May 4, 2005.

Richard Wayne Vassey, Pro Se.

Kathleen U. Baldwin, Assistant Attorney General, Michael K. Lands, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed on the 24th day of March 2005 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 4th day of May 2005."
Joseph Vincent SISNEROS, Petitioner, v. Eric ARNOLD, Warden.

No. 18-9156

Supreme Court of the United States.

October 07, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
**Exhibit 31.1** **CERTIFICATION    OF PRINCIPAL EXECUTIVE OFFICER****PURSUANT TO SECTION 302 OF****THE SARBANES-OXLEY ACT OF 2002**     I, Joseph M. Fortunato, certify that:     1. I have reviewed this    Form 10-Q    of GNC Corporation;     2. Based on my knowledge, this report does not contain any    untrue statement of a material fact or omit to state a material    fact necessary to make the statements made, in light of the    circumstances under which such statements were made, not    misleading with respect to the period covered by this report;     3. Based on my knowledge, the financial statements, and    other financial information included in this report, fairly    present in all material respects the financial condition,    results of operations and cash flows of the registrant as of,    and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I    are responsible for establishing and maintaining disclosure    controls and procedures (as defined in Exchange Act    Rules 13a-15(e)    and    15d-15(e))    for the registrant and have:     (a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this report is    being prepared;     (b) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     (c) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     5. The registrant’s other certifying officer(s) and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of the registrant’s board    of directors (or persons performing the equivalent functions):     (a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize, and    report financial information; and (b) Any fraud, whether or    not material, that involves management or other employees who    have a significant role in the registrant’s internal    control over financial reporting. /s/  Joseph    M. Fortunato    Joseph M. Fortunato    Chief Executive Officer     August 4, 2006
TRANSLAND FINANCIAL SERVICES, INC. v. POMPEII.

No. COA04-724.

Court of Appeals of North Carolina.

Filed April 19, 2005.

Certification Date May 9, 2005.

Appeal from Mecklenburg (02CVS15910).

Case reported without published opinion. Reversed and remanded.
Exhibit 32.2

SECTION 1350 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), the undersigned officer of Steiner Leisure Limited certifies that (1) this Quarterly Report of Steiner Leisure Limited (the "Company") on Form 10-Q for the period ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (this "Report"), fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (2) the information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



| | /s/ Stephen B. Lazarus                              
| | ----------------------------------------------------
| | Stephen B. Lazarus                                  
| | Executive Vice President and Chief Financial Officer



May 8, 2008
EXHIBIT  32.1

                    CERTIFICATION OF CHIEF EXECUTIVE 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  annual  report  of  New  York  Health Care, Inc. (the
"Company")  on  Form 10-K/A for the period ended December 31, 2004 as filed with
the  Securities  and  Exchange  Commission (the "Report"), I, Jerry Braun, Chief
Executive  Officer  of the Company during the period covered by this Form 10-K/A
and  until  February  24, 2005, hereby certify as of the date hereof, solely for
purposes  of  Title 18, Chapter 63, Section 1350 of the United States Code, that
to  the  best  of  my  knowledge:

          (1)  the  Report fully complies with the requirements of Section 13(a)
          or  15(d),  as applicable, 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  at  the  dates  and  for  the  periods  indicated.


Date: April 26, 2005          By:  /s/ Jerry Braun
                                   ----------------------
                                   Jerry Braun
                                   Chief Executive Officer
                                   (Principal Executive Officer)
                                   during the period covered by
                                   this Form 10-K/A and until February 24, 2005.


<PAGE>
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

Each of the undersigned hereby certifies that this Quarterly Report on Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Bank of the James Financial Group, Inc.



|                      |  |                                         |  |                                                               
|--------------------- |  | --------------------------------------- |  | --------------------------------------------------------------
|                      |  | BANK OF THE JAMES FINANCIAL GROUP, INC.
|                      |  |                                        
|Date: August 13, 2008 |  | By                                      |  | /S/ Robert R. Chapman III                                     
|                      |  |                                         |  | Robert R. Chapman III, President                              
|                      |  |                                         |  | (Principal Executive Officer)                                 
|                      |  |                                        
|Date: August 13, 2008 |  | By                                      |  | /S/ J. Todd Scruggs                                           
|                      |  |                                         |  | J. Todd Scruggs, Secretary and Treasurer                      
|                      |  |                                         |  | (Principal Financial Officer and Principal Accounting Officer)



30
I 

110TH CONGRESS 

2D SESSION H. R. 4994 

To suspend temporarily the duty on certain inflatable mattresses. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2008 

Mr. BERRY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To suspend temporarily the duty on certain inflatable 

mattresses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN INFLATABLE MATTRESSES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Pneumatic inflatable mattresses not of cotton (provided for in subheading 

6306.40.49) ......................... Free No change No change On or before 

12/31/2011 ’’. 


smartinez on PRODPC61 with BILLS
2 

•HR 4994 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


smartinez on PRODPC61 with BILLS
Exhibit 23.1


              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

To the Board of Directors and Stockholders of QuadraMed Corporation:

     We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-3 (Nos. 333-38309, 333-36189, 333-44985, 333-55775, 333-
66793, 333-80617, and 333-87067) and S-8 (Nos. 333-16385, 333-35937, 333-39796,
333-56171, 333-75945, and 333-87426) of QuadraMed Corporation of our report
dated August 1, 2003, relating to the consolidated financial statements, which
appears in this Form 10-K.  We also consent to the incorporation by reference
of our report dated August 1, 2003, relating to the financial statement
schedule, which appears in this Form 10-K.



                                                   /s/  BDO Seidman, LLP
                                                   ----------------------------
                                                   BDO Seidman, LLP


San Jose, California
August 11, 2003


                                       1
EXHIBIT 31.1

     CERTIFICATION OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

                                 CERTIFICATIONS

   I, Robert Harrison, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Northwest Horizon
Corporation;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.


                                       By /s/Robert Harrison
                                         ---------------------------------------
                                       Robert Harrison
                                       Chief Executive Officer



Date:  May 23, 2005


                                       19
IN RE D.G.

No. COA03-1603.

North Carolina Court of Appeals.

Filed April 5, 2005.

Certification Date April 25, 2005.

Appeal from Chatham (02J62, 02J63, 02J64).

Case reported without published opinion. Affirmed in part, reversed and remanded in part.
* Pursuant 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. United States Court of Appeals Fifth Circuit 

## FILED December 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50791 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FERNANDO VARGAS-PEREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-507-ALL-DB

-------------------- Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Fernando Vargas-Perez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Vargas-Perez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Vargas-Perez maintains that heNo. 03-50791 -2- pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Vargas-Perez acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 24 - 0399 STATE OF MONTANA,

Plaintiff and Appellee, vs. PAUL DOUGLAS CREASON,

Defendant and Appellant .

**G RANT**  Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is given an extension of time until September 30 , 2024 to prepare, file, and serve the Appellant’s opening brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court August 26 2024

08/26/2024

Case Number: DA 24-0399