alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.50



 Exhibit 10.50 
 NOTICE OF TERMINATION 
 AND 

MEMORANDUM OF UNDERSTANDING 
 This Memorandum of Understanding, dated March 25, 2013, is between The St. Joe Company (the “Company”) and Thomas Hoyer (“Executive”) and confirms the Executive’s rights and
obligations pursuant to his Employment Agreement (the “Agreement”) dated as of March 22, 2012. All capitalized terms herein shall have the same meanings as set forth in the Agreement. 

In accordance with Section 5.2 of the Agreement, the Company hereby notifies Executive of the decision to terminate the
Executive’s employment without Cause. The effective date of termination (the “Date of Termination”) shall be a date in the future to be agreed upon by the parties and, until such Date of Termination, the parties agree to continue the
existing employment of Executive by the Company on a temporary, indefinite basis. Both the Company and the Executive agree to provide each other with at least a 60 day prior written notice of the official Date of Termination. The following sets
forth the parties’ understanding of the compensation due to Executive under the terms of the Agreement for a termination of employment by the Company other than for Cause: 

1. Compensation. Upon the Executive’s execution of the Company’s standard form of Severance Agreement, the Executive is
entitled to the following compensation as provided under Section 6.4 of the Agreement: 
  

	 	(a)	Payments made ratably over the 12 month period (with payments being made at the beginning of each such month) after the Date of Termination, in an amount equal to 1
times the Executive’s Salary; and 

  

	 	(b)	Payment of the Company’s portion of 18 months of COBRA premiums for health and welfare benefits that provide the Executive with coverage comparable to the level of
coverage the Executive has as of the Date of Termination under the Company’s group health plan. 

 2.
Bonus Request. In addition to the Paragraph 1 amounts, the company currently intends to submit for approval by the Company’s Compensation Committee, a discretionary cash bonus payable on the date that other company executive bonuses are
paid for the plan year in which the Date of Termination occurs, pro-rated through the Date of Termination. This proposed bonus is subject to approval by the Company’s Compensation Committee and the Executive understands and agrees that there is
absolutely no commitment by the Company in regard to such bonus. 
 3. Agreement Controls. Notwithstanding anything
herein to the contrary, the Agreement is not amended or revised hereby and the Company and the Executive shall abide by the terms and conditions set forth in the Agreement. 
 IN WITNESS WHEREOF, the Company and the Executive have executed and delivered this Memorandum of Understanding as of the date set forth above. 

 

			
	THE ST. JOE COMPANY
		
	By:	 	 /s/ Park Brady

		 	Park Brady
		 	Chief Executive Officer


 
	
	
	EXECUTIVE
	
	 /s/ Thomas Hoyer

	Thomas Hoyer
<PAGE>
                                                                    EXHIBIT 99.2
  CERTIFICATION BY 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 quarterly report on Form 10-Q of Applix, Inc. (the
"Company") for the period ended June 30, 2002 as originally filed with the
Securities and Exchange Commission on August 14, 2002 and as amended on the date
hereof (the "Report"), the undersigned, Walt Hilger, Chief Financial Officer of
the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, 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/ Walt Hilger
                                   -----------------------
Dated: March 31, 2003              Walt Hilger
                                   Chief Financial Officer





A signed original of this written statement required by Section 906 has been
provided to Applix, Inc. and will be retained by Applix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
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 Treasury

###### Internal Revenue Service

          - 26 CFR Part 1
          - [REG-105346-03]
          - RIN 1545-BB92

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Cancellation of notice of public hearing on proposed rulemaking.

# SUMMARY:

This document cancels a public hearing on proposed regulations relating to the tax treatment of certain transfers of partnership equity in connection with the performance of services.

# DATES:

The public hearing originally scheduled for October 5, 2005, at 10 a.m., is cancelled.

# FOR FURTHER INFORMATION CONTACT:

Robin R. Jones of the Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration) at (202) 622-7109 (not a toll-free number).

# SUPPLEMENTARY INFORMATION:

                    A notice of proposed rulemaking and notice of public hearing that appeared in the                     **Federal Register**                     on May 24, 2005 (70 FR 29675) announced that a public hearing was scheduled for October 5, 2005, at 10 a.m., in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC. The subject of the public hearing is under section 83 of the Internal Revenue Code. The public comment period for these regulations expired on September 14, 2005.                

The notice of proposed rulemaking and notice of public hearing, instructed those interested in testifying at the public hearing to submit a request to speak and an outline of the topics to be addressed. As of Thursday, September 22, 2005, no one has requested to speak. Therefore, the public hearing scheduled for October 5, 2005, is cancelled.

Cynthia E. Grigsby,

Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).

[FR Doc. 05-19389 Filed 9-28-05; 8:45 am]

BILLING CODE 4830-01-P
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4127 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4127

To authorize the construction of the Upper San Joaquin River Storage in 
                              California.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2014

    Mr. Costa (for himself, Mr. Garamendi, Mr. Vargas, Mr. Bera of 
California, and Mr. Cardenas) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To authorize the construction of the Upper San Joaquin River Storage in 
                              California.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upper San Joaquin River Storage Act 
of 2014''.

SEC. 2. UPPER SAN JOAQUIN RIVER STORAGE.

    Section 103(d)(1)(B) of title I of Public Law 108-361 (the Calfed 
Bay-Delta Authorization Act, 118 Stat. 1681) is amended by--
     (a) adding after clause (iii) the following:
                            ``(iv) Construction authorization.--If the 
                        Secretary determines a project described in 
                        clause (ii), subclause (II) of subparagraph (A) 
                        is feasible, the Secretary, subject to 
                        appropriations, is authorized to carry out the 
                        project in a manner that is substantially in 
                        accordance with the recommended plan, and 
                        subject to the conditions described in the 
                        feasibility study.''; and
    (b) striking in clause (ii) ``the project'' and inserting ``a 
project described in clause (ii), subclause (II) of subparagraph (A)''.
                                 <all>
```
**EXHIBIT 32.1**

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT**

In connection withthe Quarterly Report of ADESA, Inc. (the “Company”) on Form 10-Qfor the period ended September 30, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, David G. Gartzke,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 (18USC 1350), that:

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.
| /s/ DAVID G. GARTZKE       |   |
|----------------------------|--------|
| David G.  Gartzke          |   |
| *Chief  Executive Officer* |   |
| November 8, 2006      |   |

 

*This certification accompanies the Report pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except tothe extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by theCompany for purposes of Section 18 of the Securities Exchange Act of 1934,as amended.*

----
Exhibit 32.2

 

CERTIFICATION 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 Trans Energy, Inc. (the "Company") on Form 10-K for the period ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Lisa A. Corbitt, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of            2002, that, to the best of my knowledge and belief:

 

(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 result of operations of the Company.

 

| /s/     | LISA A. CORBITT |
|------------------------|-----------------|

Lisa A. Corbitt

Chief Financial Officer

April 15, 2009

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon            request. The foregoing certifications are accompanying the Company's Form 10-K solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-K or as a separate disclosure document.
State of North Carolina v. Dwayne Demont Haizlip

No. 345P16

Supreme Court of North Carolina.

September 19, 2016

James D. Concepcion, Assistant Attorney General, J. Douglas Henderson, District Attorney, for State of North Carolina.

Dwayne Dumont Haizlip, for Haizlip, Dwayne Dumont.

***ORDER***

Upon consideration of the petition filed by Defendant on the 19th of September 2016 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 19th of September 2016."

Ervin, J. recused

The following order has been entered on the motion filed on the 19th of September 2016 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 19th of September 2016."

Ervin, J. recused

The following order has been entered on the motion filed on the 19th of September 2016 by Defendant to Appoint Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 19th of September 2016."

Ervin, J. recused
Exhibit 32(b)

CERTIFICATION 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 accompanying Quarterly Report of Windstream Corporation (the Company) on Form 10-Q for the
period ending March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brent K. Whittington, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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/ Brent K. Whittington                            
|Brent K. Whittington                                
|Executive Vice President and Chief Financial Officer
|May 9, 2008                                         

A signed original of this written statement required by Section 906 has been provided to Windstream
Corporation and will be retained by Windstream Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at March 31, 1999 and Statements of Income for the twelve months
ended March 31, 1999 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>

<S>                                    <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               Mar-31-1999
<CASH>                                       8,029,000
<SECURITIES>                                 3,899,000
<RECEIVABLES>                                3,991,000
<ALLOWANCES>                                   395,000
<INVENTORY>                                  1,544,000
<CURRENT-ASSETS>                            17,551,000
<PP&E>                                       4,401,000
<DEPRECIATION>                               2,246,000
<TOTAL-ASSETS>                              23,463,000
<CURRENT-LIABILITIES>                        3,177,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     7,854,000
<OTHER-SE>                                  12,064,000
<TOTAL-LIABILITY-AND-EQUITY>                23,463,000
<SALES>                                     29,468,000
<TOTAL-REVENUES>                            29,468,000
<CGS>                                       18,122,000
<TOTAL-COSTS>                               18,122,000
<OTHER-EXPENSES>                             6,084,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,000
<INCOME-PRETAX>                              6,104,000
<INCOME-TAX>                                 2,174,000
<INCOME-CONTINUING>                          3,930,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,930,000
<EPS-BASIC>                                     1.21
<EPS-DILUTED>                                     1.17



</TABLE>
State v. Robert Leon Gray III

432P16-1

Supreme Court of North Carolina.

January 26, 2017

Robert Leon Gray, III, for Gray, Robert Leon (III).

Daniel P. O'Brien, Special Deputy Attorney General, Ben R. David, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 28th of November 2016 by Defendant for Return of Property:

"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."
# C_2009193EN.01001702.xml

| 15.8.2009 | EN | Official Journal of the European Union | C 193/17 |
| --- | --- | --- | --- |

15.8.2009

EN

Official Journal of the European Union

C 193/17

---

Judgment of the Court of First Instance of 1 July 2009 — Regionalny Fundusz Gospodarczy v Commission

(Case T-288/06) (1)

1

(State aid - Scheme for restructuring aid granted by the Republic of Poland to a steel producer - Decision declaring the aid to be in part incompatible with the common market and ordering its recovery - Protocol No 8 on the restructuring of the Polish steel industry - Rate of interest to be applied for the repayment of incompatible aid - Duty to cooperate closely with the Member State - Articles 9(4) and 11(2) of Regulation (EC) No 794/2004)

2009/C 193/24

Language of the case: Polish

Parties

Parties

Applicant: Regionalny Fundusz Gospodarczy S.A. (formerly Huta Częstochowa S.A.) (Częstochowa, Poland) (represented by: C. Sadkowski and D. Sałajewski, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: C. Giolito and A. Stobiecka-Kuik, Agents)

Defendant:

Re:

Re:

Partial annulment of Commission Decision 2006/937/EC of 5 July 2005 on State aid C 20/04 (ex NN 25/04) in favour of Huta Częstochowa S.A. (OJ 2006 L 366, p. 1) to the extent to which it declares some of that aid to be incompatible with the common market and orders the Republic of Poland to effect its recovery.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Regionalny Fundusz Gospodarczy S.A. to pay the costs. |
| --- | --- |

2.

Orders Regionalny Fundusz Gospodarczy S.A. to pay the costs.

---

(1)  OJ C 294, 2.12.2006.

1

---
#### Jules FULLER, Plaintiff, v. AMERIJET INTERNATIONAL, INC., Defendant.

Civil Action No. H-03-1128.

United States District Court, S.D. Texas.

July 22, 2003.

Thomas W. Moore, Jr., Richmond, TX, for Plaintiff.

Pam Hicks, Houston, TX, for Defendant.

Opinion on Summary Judgment

HUGHES, District Judge.

1. *Introduction.*

A shipper hired a carrier to transport goods overseas by air. The carrier lost the goods. Although the cargo was lost before it left this country, the carrier’s liability is limited by an international convention.

2. *Background.*

In December 2001, Jules Fuller contracted with Amerijet to transport a computer and home-theater equipment from Houston to Belize City by air. Fuller delivered the goods to Amerijet at its warehouse at Houston’s Bush Airport. Amerijet hired Land Cargo to truck the *903goods from Houston to Miami. Land Cargo delivered the goods to Amerijet at Miami’s airport. At that point, the goods disappeared. There is no evidence of what happened to the goods after delivery to Amerijet in Miami. The goods are missing. Fuller sued.

3. *Warsaw Convention.*

The Warsaw Convention is the exclusive remedy for recovery of loss of goods during an international shipment by air. In this case, the goods were being transported overseas-from Houston to Belize City. These cities’ nations are parties to the convention. If the loss occurred during shipment by air, the convention applies. 49 U.S.C. § 40105.

Under the convention, transportation by air includes the entire period in which the air carrier is in charge of the goods-not simply the time the goods are on the airplane. This includes the time the goods are being loaded, delivered, and transshipped. While the movement of the goods from Houston to Miami was considerable, it was still a component of the carriage by air. It was directly related to Amerijet’s contractual obligation to ship, with the surface carrier being the air carrier’s sub-bailee. The loss of the goods in Miami is a loss during shipment by air under the convention.

4. *Conclusion.*

Because the loss of goods occurred during transportation by air, the Warsaw Convention allows Fuller to recover $9.07 per pound for the goods lost. On Ameri-jet’s motion for summary judgment, Fuller will take $3,673.35 for the loss of goods as limited by the Warsaw Convention.

Final Judgment

It is adjudged that Jules Fuller recover from Amerijet International, Inc.:

> A. Principal of $3,673.35,

> B. Costs of court, and

> C.Post-judgment interest at 1.10 percent per annum.