alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ARMED SERVICES BOARD OF CONTRACT APPEALS

OPINION BY ADMINISTRATIVE JUDGE MCILMAIL

On August 24, 2021 , we sustained ASBCA No. 62494, and converted the default

termination of appellant’s contract to a termination for the convenience of the

government; we also denied ASBCA No. 62 495 as moot. Iqrar Ahmed & Partner

Contracting Co. , ASBCA No s . 62494, 62495, 21

- 1 BCA ¶ 37,923 at 184,18 3 . Appellant

subsequently applied for attorneys’ fees and c osts in the amount of $13,537.50

, pursuant

to the Equal Access to Justice Act, 5 U.S.C. § 5 04 (app. at 5). The government responds

that it does not contest payment of that amount ( gov’t resp. at 1). The application is

granted in the amount of $13,537.50

.

Dated: April 28 , 2022

(Signatures continued) TIMOTHY P. MCILMAIL

Administrative Judge

Armed Services Board

of Contract Appeals Application Under the Equal Access

- )

to Justice Act of

- )

)

Iqrar Ahmed and Partner Contracting

Company Ltd. )

) ASBCA Nos. 62494

- EAJA, 62495

- EAJA

)

Under Contract No. FA4911

- 20

- P

- M011 )

APPEARANCE FOR THE APPELLANT: P. Sean Milani

- nia, Esq.

Fox Rothschild LLP

Washington, DC

APPEARANCES FOR THE GOVERNMENT: Jeffrey P. Hildebrant, Esq.

Air Force Deputy Chief Trial Attorney

Lt Col Matthew Ramage

- White, USAF

Trial Attorney2 I concur

RICHARD SHACKLEFORD

Administrative Judge

Acting Chairman

Armed Services Board

of Contract Appeals I concur

OWEN C. WILSON

Administrative Judge

Vice Chairman

Armed Services Board

of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision of the

Armed Services Board of Contract Appeals in ASBCA No. 62494

- EAJA, 62495

- EAJA

, Appeal of Iqrar Ahmed and Partner Contracting Company Ltd

. , rendered in conformance

with the Board’s Charter.

Dated: May 4, 2022

PAULLA K. GATES

- LEWIS

Recorder, Armed Services

Board of Contract Appeals
writ_ex101.htm


EXHIBIT 10.1


 







  





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12
# C_2009267EN.01006002.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/60 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/60

---

Judgment of the Court of First Instance of 16 September 2009 — Alber v OHIM (hand grip)

(Case T-391/07) (1)

1

(Community trade mark - Application for a three-dimensional Community trade mark - Hand grip - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Duty to give reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Principle of examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009)

2009/C 267/105

Language of the case: German

Parties

Parties

Applicant: Alfons Alber (Verona, Italy) (represented by: S.Schneller, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 August 2007 (Case R 361/2007-4) and against the decision of the examiner of OHIM of 16 January 2007 in that case, in so far it rejects Community trade mark application No 4396727 for certain goods covered by that mark.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Alfons Alber to pay the costs. |
| --- | --- |

2.

Orders Alfons Alber to pay the costs.

---

(1)  OJ C 315, 22.12.2007.

1

---
AMENDMENT TO EMPLOYMENT AGREEMENT


This AGREEMENT
(the “Amendment”) is made and entered into this 15th day of July, 2014 by and between Peter Clausen (the “Employee”)
and Cytomedix, Inc. (the “Company”) (collectively, the “Parties”).


WHEREAS,
the Parties entered into an Employment Agreement dated as of May 30, 2014 (the “Employment Agreement”); and


WHEREAS,
Section 2(d) (ii) of the Employment Agreement recited certain of the Company’s purported previous grants of stock options
to the Employee (the “Previous Grants”); and


WHEREAS, a
number of the Previous Grants were not validly granted because they exceeded the limit on the number of options that may be granted
by the Company within any calendar year period (the “Excess Grants”); and the Company has already (with the Employee’s
knowledge and consent) revised and reformed the Previous Grants to be consistent with applicable individual grant limits (such
reformed grants hereinafter called the “Reformed Grants”); and


WHEREAS,
the Parties now also wish to amend the Employment Agreement to reflect their respective intents with respect to the Reformed Grants;


NOW THEREFORE,
in consideration of the Company’s undertaking to provide in connection with its next grant of options to the Employee
a vesting schedule more favorable to the Employee than the four year vesting schedule provided in connection with the Excess Grants,
and for other good and valuable consideration the receipt of which is hereby acknowledged by the Parties, the Parties hereby agree
that Section 2(d) (ii) of the Employment Agreement be, and it hereby is amended, by adding thereto, the following sentence:


“Notwithstanding
the preceding or any other provision of this Agreement, Employee shall have rights to stock option(s) granted by the Company during
2014 only in numbers that conform to any limits on the number of stock options that may be granted to “Key Employees”
within any calendar year period under the Company’s 2013 Equity Incentive Plan.”


IN WITNESS WHEREOF,
the Parties hereto have executed this Amendment to the Employment Agreement, to be effective as of May 30, 2014.


	CYTOMEDIX, INC.	 	EMPLOYEE	 
	 	 	 	 	 
	By:	/s/ Martin P. Rosendale	 	/s/ Peter Clausen	 
	 	Martin P. Rosendale, CEO
Shreve v. N.C. Dept. of Justice, et al.

151P14-3

Supreme Court of North Carolina.

June 9, 2016

Kimberly Shreve, for Shreve, Kimberly.

Christopher McLennan, Assistant Attorney General, for N.C. Department of Justice, et al.

The following order has been entered on the motion filed on the 23rd of March 2016 by Plaintiff for Review and Appeal:

"Motion Dismissed by order of the Court in conference, this the 9th of June 2016."
**Judgment of the Court of First Instance (Second Chamber) of 26 November 2008 – En Route International v OHIM (FRESHHH)**

**(Case T-147/06)**

Community trade mark – Application for registration of the word mark FRESHHH as a Community trade mark – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
No 40/94, Art. 7(1)(c)) (see paras 21, 28)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 March 2006 (Case R 352/2005-4) concerning registration of the word sign FRESHHH as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | En Route International Ltd |
| Community trade mark sought: | Word mark FRESHHH for goods in Classes 29, 30 and 32 – Application No 3198165 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders En Route International Ltd to pay the costs. |
# C_2008051EN.01006201.xml

| 23.2.2008 | EN | Official Journal of the European Union | C 51/62 |
| --- | --- | --- | --- |

23.2.2008

EN

Official Journal of the European Union

C 51/62

---

Order of the Civil Service Tribunal (First Chamber) of 14 December 2007 — Marcuccio v Commission

(Case F-21/07) (1)

1

(Staff cases - Officials - Action for damages - Allegedly unlawful processing of medical information - Inadmissibility - Failure to bring a claim for damages within a reasonable time)

(2008/C 51/115)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Defendant:

Re:

Application for compensation for the damage allegedly suffered by the applicant as a result of a series of unlawful acts on the part of a number of Commission officials, in particular, when processing medical information concerning the applicant.

Operative part of the order

| 1. | The action is dismissed as manifestly inadmissible; |
| --- | --- |

1.

The action is dismissed as manifestly inadmissible;

| 2. | The parties are ordered to bear their own costs. |
| --- | --- |

2.

The parties are ordered to bear their own costs.

---

(1)  OJ C 223, 22.9.2007, p. 20.

1

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

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<TOTAL-REVENUES>                                32,910
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# C_2008171EN.01003201.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/32 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/32

---

Judgment of the Court of First Instance of 22 May 2008 — Ott and Others v Commission

(Case T-250/06 P) (1)

1

(Appeal - Cross-appeal - Admissibility - Civil Service - Officials - Promotion - Promotion for 2004 - Allocation of promotion points - General Implementing Provisions of Article 45 of the Staff Regulations - Plea of illegality - Substitution of grounds - Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded - Dispute capable of being decided - Dismissal of the action)

(2008/C 171/57)

Language of the case: French

Parties

Applicants: Martial Ott (Oberanven, Luxembourg); Fernando Lopez Tola (Luxembourg, Luxembourg); and Francis Weiler (Itzig, Luxembourg) (represented by: F. Frabetti, lawyer)

Applicants:

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and D. Martin, agents)

Defendant:

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 30 June 2006Ott and Others v Commission (Case F-87/05, not yet published in the ECR) seeking the annulment of that order.

Ott and Others

Commission

Operative part of the judgment

The Court:

| 1. | The order of the Civil Service Tribunal (Second Chamber) of 30 June 2006 Ott and Others v Commission is annulled in so far as it dismissed the action brought by Mr Francis Weiler; |
| --- | --- |

1.

The order of the Civil Service Tribunal (Second Chamber) of 30 June 2006 Ott and Others v Commission is annulled in so far as it dismissed the action brought by Mr Francis Weiler;

| 2. | For the rest, the appeal is dismissed; |
| --- | --- |

2.

For the rest, the appeal is dismissed;

| 3. | The cross-appeal is dismissed; |
| --- | --- |

3.

The cross-appeal is dismissed;

| 4. | The action brought before the Civil Service Tribunal as Case F-87/05 is dismissed in so far as it was brought by Mr Francis Weiler; |
| --- | --- |

4.

The action brought before the Civil Service Tribunal as Case F-87/05 is dismissed in so far as it was brought by Mr Francis Weiler;

| 5. | Mr Martial Ott, Mr Fernando Lopez Tola and Mr Francis Weiler shall bear their own costs in relation to the present instance and four fifths of the costs incurred by the Commission. The Commission shall bear one fifth of its own costs in relation to the present instance; |
| --- | --- |

5.

Mr Martial Ott, Mr Fernando Lopez Tola and Mr Francis Weiler shall bear their own costs in relation to the present instance and four fifths of the costs incurred by the Commission. The Commission shall bear one fifth of its own costs in relation to the present instance;

| 6. | Mr Francis Weiler and the Commission shall bear their own costs in relation to the proceedings before the Civil Service Tribunal. |
| --- | --- |

6.

Mr Francis Weiler and the Commission shall bear their own costs in relation to the proceedings before the Civil Service Tribunal.

---

(1)  OJ C 281 of 18.11.2006.

1

---
<PAGE>


EXHIBIT 31.1

                            RULE 13A-14 CERTIFICATION

I, Dennis J Tietz, certify that:

1. I have reviewed this annual report on Form 10-K of The Cronos Group (the
"Registrant");

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual 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-14 and 15d-14) for the Registrant and we 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 annual report is being prepared; and

(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.

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 function):

(a) all significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the Registrant's ability to record, process,
summarize and report 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.

Date: March 26, 2004

/s/ DENNIS J TIETZ
Dennis J Tietz
Chief Executive Officer

                                                                             E13
# C_2009044EN.01000402.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/4 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/4

---

Judgment of the Court (Third Chamber) of 22 December 2008 — British Aggregates Association v Commission of the European Communities, United Kingdom of Great Britain and Northern Ireland

(Case C-487/06 P) (1)

1

(Appeal - State aid - Environmental levy on aggregates in the United Kingdom)

(2009/C 44/06)

Language of the case: English

Parties

Appellant: British Aggregates Association (represented by: C. Pouncey, Solicitor, and L. Van den Hende, advocaat)

Appellant:

Other parties to the proceedings: Commission of the European Communities (represented by: J. Flett, B. Martenczuk and T. Scharf, Agents); United Kingdom of Great Britain and Northern Ireland (represented by: T. Harris, M. Hall and G. Facenna, Agents)

Other parties to the proceedings:

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber, Extended Composition) of 13 September 2006 in Case T-210/02 British Aggregates Association v Commission, by which the Court of First Instance rejected as unfounded an application for the partial annulment of Commission Decision C(2002) 1478 final of 24 April 2002 not to raise objections to the system of levies on quarry aggregates in the United Kingdom (State aid 863/01 — United Kingdom, Aggregates Levy)

British Aggregates Association

Commission

Operative part of the judgment

The Court (Third Chamber):

| 1. | Sets aside the judgment delivered by the Court of First Instance of the European Communities on 13 September 2006 in Case T-210/02 British Aggregates Association v Commission; |
| --- | --- |

1.

Sets aside the judgment delivered by the Court of First Instance of the European Communities on 13 September 2006 in Case T-210/02 British Aggregates Association v Commission;

British Aggregates Association

Commission

| 2. | Refers the case back to the Court of First Instance of the European Communities; |
| --- | --- |

2.

Refers the case back to the Court of First Instance of the European Communities;

| 3. | Reserves the costs. |
| --- | --- |

3.

Reserves the costs.

---

(1)  OJ C 42, 24.2.2007.

1

---
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE STATEMENTS FOR THE YEAR ENDED MARCH 31, 1996 AND AS OF
MARCH 31, 1996 AND IS QUALIFIED  IN ITS ENTIRETY BY REFERENCE TO SUCH  FINANCIAL
STATEMENTS.
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<CURRENT-LIABILITIES>                          1,057
<BONDS>                                        0
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<TOTAL-LIABILITY-AND-EQUITY>                   53
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  164
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (164)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (164)
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<CHANGES>                                      0
<NET-INCOME>                                   (164)
<EPS-PRIMARY>                                  (.00)
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<PAGE>


        

</TABLE>
# C_2011340EN.01003901.xml

| 19.11.2011 | EN | Official Journal of the European Union | C 340/39 |
| --- | --- | --- | --- |

19.11.2011

EN

Official Journal of the European Union

C 340/39

---

Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Prieto v Parliament

(Case F-42/07) (1)

1

(Staff case - Officials - Appointment - Internal competition published before 1 May 2004 - Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 - Grading - Articles 5(4) and 13(1) of Annex XIII to the Staff Regulations - Secretarial allowance - Action in part clearly inadmissible and in part clearly unfounded)

2011/C 340/79

Language of the case: French

Parties

Parties

Applicant: Antonio Prieto (Bousval, Belgium) (represented by É. Boigelot, lawyer)

Applicant:

Defendant: European Parliament (represented, initially, by C. Burgos and K. Zejdová, and subsequently by K. Zejdová and N.B. Rasmussen, acting as Agents)

Defendant:

Re:

Re:

Annulment of the decision of the 9 June 2006 appointing the applicant, at that time a member of the temporary staff in Grade AST 3 and a successful candidate in internal competition C/348 for career C5-4, a probationary official in Grade AST 2, step 3.

Operative part of the order

Operative part of the order

| 1. | The action of MrPrieto is dismissed. |
| --- | --- |

1.

The action of MrPrieto is dismissed.

| 2. | Each party is ordered to bear its own costs. |
| --- | --- |

2.

Each party is ordered to bear its own costs.

---

(1)  OJ C 140 of 23.06.07, p. 47.

1

---