alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                   EXHIBIT 10.38



                    AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT

THIS AMENDMENT NO. 1 ("Amendment") is made as of the 5th day of April, 2001, to
the Employment Agreement, made as of the 19th day of October, 1999 (the
"Employment Agreement"), by and between ValueVision International, Inc., a
Minnesota corporation (hereinafter referred to as "Employer"), and Richard
Barnes (hereinafter referred to as "Employee").

                                  WITNESSETH:

WHEREAS, Employer and Employee mutually desire to amend the provisions of the
Employment Agreement as set forth below;

NOW, THEREFORE, in consideration of the premises and mutual promises contained
in this Amendment, the parties hereto agree as follows:

     1.   The first sentence of Section 2 "Term" of the Employment Agreement is
          hereby amended in its entirety to read as follows: "The term of
          Employee's employment hereunder shall commence on the date hereof and
          shall continue on a full-time basis until October 19, 2003."

     2.   The first sentence of Section 3 "Duties" of the Employment Agreement
          is hereby amended by striking the words "Senior Vice President Chief
          Financial Officer" and replacing them with the words "Executive Vice
          President and Chief Financial Officer".

This Amendment shall become effective as of the date first above written.

IN WITNESS WHEREOF, the parties hereto have executed or caused this Amendment to
be executed as of the day, month and year first above written.


EMPLOYER:                              VALUEVISION INTERNATIONAL, INC.



                                       By: /s/ Gene McCaffery
                                           -------------------------------------
                                           Gene McCaffery
                                             Its: Chief Executive Officer


EMPLOYEE:                              By: /s/ Richard Barnes
                                           -------------------------------------
                                           Richard Barnes
#### Alan J. Koepke *v.*Zoning Board of Appeals of the Town of Coventry et al.

The Supreme Court docket number is SC 14795.

*Mark K. Branse,*in support of the petition.

*Duncan J. Forsyth,*in opposition.

Decided June 21, 1993

The defendant Susan Oygard’s petition for certification for appeal from the Appellate Court, 30 Conn. App. 395 (AC 8672), is granted, limited to the following issues:

“1. Did the Appellate Court properly conclude that an appellant’s failure to file a zoning appeal within the thirty day time limit provided in General Statutes § 8-7 deprives a zoning board of appeals of subject matter jurisdiction to hear the appeal?

*“2.*If the answer to question (1) is yes, did the Appellate Court properly conclude that, under the circumstances of this case, Oygard’s appeal was untimely?”
Exhibit 10(e)









Exhibit

10(e)




 




MLS, LLC




and




MICHAEL L. SNOW




2649 ARCOLA LANE




WAYZATA, MN  55391




952-471-7777




 




 




March 28, 2002




 




 




Osmonics, Inc.




Attention: D. Dean Spatz




5951 Clearwater Drive




Minnetonka, MN  55343




 




Dear Mr. Spatz:




 




I hereby resign my position

as a director of Osmonics, Inc. and hereby renounce and rescind the May 15,

2001 Agreement and any and all rights of any kind that either MLS, LLC or I may

have individually, under said agreement effective upon payment to me of

$200,000.00 and the vesting of all issued, but not vested options of any kind,

immediately.  I will also execute any

reasonable release documents that the Company may request.  This offer shall remain open for your acceptance

until April 3, 2002, at which time, if not accepted, shall terminate and become

null and void.




 




Very

truly yours,




 




/s/

Michael L. Snow




 




Michael

L. Snow




 




 




 




	

  Agreed to and accepted by

  Osmonics, Inc.


  
	

   


  	

   


  
	

   


  	

   


  
	

  By  


  	

  /s/ D. Dean Spatz


  
	

  Its: 


  	

  CEO


  
	

  Dated:


  	

  1 April 2002
<PAGE>
                                                                  EXHIBIT: 10.50

                                  PULITZER INC.
                            STOCK OPTION CERTIFICATE

This Certificate represents an option ("Option") to purchase shares of common
stock of Pulitzer Inc. (the "Company") granted to you on 12/10/2003 under the
Pulitzer Inc. 2003 Incentive Plan (the "Plan"). The basic features of this
Option grant are indicated below (and are subject to correction by the Company
if and to the extent this Certificate does not accurately reflect the terms of
the Option grant). This Option is governed by the terms and conditions of the
official Plan document. To accept this Option and its terms, you must sign and
return one copy of this Certificate to Pulitzer Inc., 900 North Tucker
Boulevard, St. Louis, Missouri 63101, Attention: Mr. James V. Maloney. By
executing this certificate, you acknowledge receipt of the Plan document and the
Summary Description of the Plan.

        Name of Optionee:  Alan G. Silverglat

  Social Security Number:

              Grant Date:  December 10, 2003

        Number of Shares:  20,000

Exercise Price per Share:  $52.9200

        Vesting Schedule:  Annual 1/3 increments for each year of continuing
                           service from date of grant per table below.

<TABLE>
<CAPTION>
                                 INCREMENTAL      AGGREGATE
                  DATE             VESTING         VESTING
                  ----           -----------      ---------
               <S>               <C>              <C>
               12/10/2004          6,667              6,667
               12/10/2005          6,666             13,333
               12/10/2006          6,667             20,000
</TABLE>

Termination of Employment: Death, disability, retirement after age 65 or with
                           Company consent--vesting accelerates; 3 years to
                           exercise

                           Other termination of employment-- forfeit non-vested
                           options; 60 days to exercise vested options

    Expiration of Option:  December 10, 2013--even if still employed or
                           post-termination exercise period (see above) is still
                           open

Accepted and Agreed to by:                      PULITZER INC.



Signature:  /s/ Alan G. Silverglat              By: /s/ James V. Maloney
           ---------------------                   -----------------------------
           Alan G. Silverglat                       James V. Maloney, Secretary
Order entered October 8 , 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 21
- 00571
- CV VISTA FORRENT, LLC AND 3019 SOUTH BOULEVARD, DALLAS, TEXAS , Appellant s V. CITY OF DALLAS , TEXAS , Appellee On Appeal from the 134th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 20
- 05159

O RDER On August 31, 2021, after being informed the parties were engaged in settlement negotiations, we granted appellants’ motion f or extension of time to file their brief and or dered t hem to file their brief, a motion to dismiss the appeal, or status report no later than September 30, 2021. To date, appellants have not complied or otherwise communicated with the Court . Accordingly, we ORDER appellants to file their brief, motion to dismiss, or status report no later than October 26 , 2021 . Because this is an accelerated appeal and the brief was first dueAugust 30 , 2021, we caution appellants that failure to comply may result in

dis missal of the appeal without further notice. See T EX
. R. A PP
. P. 38.8(a)(1), 42.3(b),(c).

/s/ ROBERT D. BURNS, III CHIEF JUSTICE
**Exhibit 31.2**
**CERTIFICATION**
I, Geraldine N. Hench, certify that:
 1. I have reviewed the report on Form 10-K/A filed on March 29, 2004of Xicor, Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis report;  4. The registrant’s other certifying officer and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
 (a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’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 financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors:
 (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.        Date: March 29, 2004 /s/ Geraldine N. Hench   Geraldine N. Hench, Vice President,   Finance and Administration and ChiefFinancial Officer
EXHIBIT 10.18

CONTINENTAL AIRLINES, INC.
Non-Employee Director Compensation Summary

Effective February 20, 2008, members of our board of directors who are not full-time employees of Continental Airlines, Inc. receive the following compensation: 
- $25,000 per year, plus an additional annual fee of:
- $40,000 for the chairperson of the Audit Committee;
- $20,000 for the chairperson of the Corporate Governance Committee and Human Resources Committee;
- $25,000 for members of the Audit Committee (other than the chairperson);
- $15,000 for members of the Human Resources Committee (other than members who receive an additional fee for service as the chairperson of a committee);

- $1,400 ($2,100 for the chairperson) for each board and committee meeting physically attended (other than an Audit Committee meeting); 
- $2,000 ($3,000 for the chairperson) for each Audit Committee meeting physically attended; 
- $700 for each board meeting attended by telephone; 
- $350 for each committee meeting attended by telephone ($500 for each Audit Committee meeting attended by telephone); 
- stock options to purchase 7,500 shares of common stock at the grant date fair market value following each annual stockholders meeting and upon election to the board if they are first elected to the board other than at an annual stockholders meeting; 
- lifetime flight benefits, comprised of space-available personal and family flight passes, a travel card permitting positive space travel by the director, the director's family and certain other individuals (which is taxable to the director, subject to the reimbursement of certain of such taxes by the company), frequent flyer cards and airport lounge cards;
- limited flight benefits for the surviving spouse for a period of ten years following a director's death; and
- $2,500 as compensation for time spent on orientation matters in connection with a director's first election to the Board of Directors or the director's appointment to a committee of the Board on which he or she has not recently served.

In addition, non-employee directors who conduct Continental business in their capacities as directors on Continental's behalf at the request of the board or the Chairman of the Board are paid (i) for telephone participation in board and committee meetings as if they were physically present, if their conducting that business makes it impractical for them to attend the meeting in person, and (ii) $3,000 per day spent outside the United States while conducting that business. 

All directors, including those who are full-time employees who serve as directors, receive reimbursement of expenses incurred in attending meetings. Directors also receive travel privileges on some other airlines through arrangements entered into between Continental and such airlines. 
****
## U NITED 

## S TATES 

## N AVY



## – M ARINE 

## C ORPS 

## C OURT OF 

## C RIMINAL 

## A PPEALS

_________________________ No. 201 800024

_________________________ 

### UNITED STATES OF AMERICA

Appellee

v.


### VINCENT A. SWEITZER Staff Sergeant ( E

- 6 ) , U.S. Marine Corps

Appellant

________________________ _ Appeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge: Lieutenant Colonel M ichael D. Libretto
, US MC

. Convening Authority: Command ing General
, Marine Corps Forces Command, Norfolk, V A

. Staff Judge Advocate’s Recommendation : Co lon el R obert A. Fifer
, USMC

. For Appellant: Captain William S

. Laragy, JAGC, USN

.

For Appellee: Brian K. Keller, Esq

.

_________________________ Decided 03 May 2018

____________________ _____ Before M ARKS , J ONES , and H INES , Appellate Military Ju dges

_________

________________ After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).

For the C ourt

R.H. TROIDL Clerk of Court
In the MATTER OF Michael Demorris BROWN, Respondent.

Appellate Case No. 2018-001657 Opinion No. 27852

Supreme Court of South Carolina.

Submitted November 13, 2018 Filed December 5, 2018

John S. Nichols, Disciplinary Counsel, and William C. Campbell, Senior Assistant Disciplinary Counsel, of Columbia, for Office of Disciplinary Counsel.

Michael Demorris Brown, of Spartanburg, Pro Se.

PER CURIAM:

**336In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in **337Rule 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to the imposition of a confidential admonition or a public reprimand. We accept the Agreement and issue a public reprimand.

***Facts***

The complaint against respondent stems from respondent's late responses to initial inquiries in ten disciplinary investigations. Respondent asserts his late responses to the investigations were due to internal mail delivery problems in the business center where he is located. Respondent contends the mail delivery problems resulted in delays in receiving mail from ODC. ODC notes respondent has previously received a confidential admonition for similar conduct and took remedial steps to ensure the internal mail problems did not occur again. However, the problems resurfaced. Respondent acknowledges it is his responsibility to make sure he receives his mail in a timely manner. Accordingly, respondent notes he has obtained a post office box and will check the post office box in a timely manner in order to ensure these issues do not arise again.

Additionally, respondent admits he failed to communicate with his clients in a timely manner because of staffing issues. However, *920he asserts he has corrected these issues. ODC notes its investigation has not shown any additional misconduct relating to the underlying matters.

***Law***

Respondent admits that by his conduct he has violated the following provisions of the Rules of Professional Conduct, Rule 407, SCACR: Rule 1.4 (communication) and Rule 8.1(b) (knowingly failing to respond to a lawful demand for information from a disciplinary authority).

Respondent also admits he has violated Rule 7(a), RLDE, Rule 413, SCACR (a violation of the Rules of Professional Conduct constitutes a ground for discipline).

***Conclusion***

We find respondent's misconduct warrants a public reprimand. Accordingly, we accept the Agreement and publicly reprimand respondent for his misconduct. Respondent shall complete the Legal Ethics and Practice Program Ethics **338School within one year of the date of this opinion. Additionally, within thirty days of the date of this opinion, respondent shall pay the costs incurred in the investigation and prosecution of this matter by ODC and the Commission on Lawyer Conduct.

**PUBLIC REPRIMAND.**

KITTREDGE, Acting Chief Justice, HEARN, FEW and JAMES, JJ., concur. BEATTY, C.J., not participating.
<PAGE>
                                                                    EXHIBIT 10.1



               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form F-3 (No. 333-56058) and Registration Statements on Form S-8
(No. 333-7288, No. 333-7290, No. 33-64326, No. 33-95224, No. 33-71956, No.
333-42070, No. 333-42072, No. 333-84980 and No. 333-84982) of Royal Caribbean
Cruises Ltd. of our report dated January 25, 2002, except for Note 3 which is as
of February 14, 2002, relating to the financial statements, which appears in
this Form 20-F.



PricewaterhouseCoopers LLP


Miami, Florida
April 8, 2002
**EXHIBIT 32.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U. S. C.SECTION 1350**

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Vistula Communications Services, Inc.(the “Company”) on Form 10-QSB for the period ended September 30,2005 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, George R. Vaughn, Chief Financial Officer of the Company,certify, to my best knowledge and belief, pursuant to 18 U.S.C.§ 1350,adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

1)              the Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2)              the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|   | /s/ GEORGE R. VAUGHN  |   |
|--------|----------------------------|--------|
|   | George R. Vaughn           |   |
|   | Chief Financial Officer    |

 

 

Dated: November 21,2005

 

Asigned original of this written statement required by Section 906, orother document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to VistulaCommunications Services, Inc. and will be retained by VistulaCommunications Services, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

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

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-END>                               APR-30-2000
<CASH>                                          20,832
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,832
<PP&E>                                           6,513
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  27,345
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       137,000
<OTHER-SE>                                    (109,655)
<TOTAL-LIABILITY-AND-EQUITY>                    27,345
<SALES>                                              0
<TOTAL-REVENUES>                                 5,049
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                55,546
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (50,498)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (50,498)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (50,498)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 3.2

              SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Jon C.  Nicolaysen,  Chief  Executive  Officer of Rancher  Energy Corp.  (the
Company),  certify,  that  pursuant to Section 1350 of Chapter 63 of Title 18 of
the United States Code:

         (1) The  Company's  Quarterly  Report  on Form  10-Q for the  quarterly
period ended  September  30,  2010,  as filed with the  Securities  and Exchange
Commission on the date hereof (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)  Information  contained  in  the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company as of the dates and for the periods expressed in the Report.


/s/ Jon C. Nicolaysen
--------------------------------------
Jon C. Nicolaysen

Chief Executive Officer &  Acting Chief Accounting Officer


November 19, 2010