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

111TH CONGRESS 

2D SESSION H. R. 4984 

To amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian 

Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo 

tribe to determine blood quantum requirement for membership in that 

Tribe. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2010 

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

on Natural Resources 

A BILL 

To amend the Ysleta del Sur Pueblo and Alabama and 

Coushatta Indian Tribes of Texas Restoration Act to 

allow the Ysleta del Sur Pueblo tribe to determine blood 

quantum requirement for membership in that Tribe. 

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

3 SECTION 1. BLOOD QUANTUM REQUIREMENT DETER4 MINED BY TRIBE. 

5 Section 108(a)(2) of the Ysleta del Sur Pueblo and 

6 Alabama and Coushatta Indian Tribes of Texas Restora7 tion Act (25 U.S.C. 1300g–7(2)) is amended by striking 

8 ‘‘if the descendant’’ and all that follows through the end 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4984 IH

1 of the paragraph and inserting ‘‘if the descendant is en2 rolled by the tribe’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Affirmed and Majority and Dissenting Opinions filed August 10, 2023.

In The

Fourteenth Court of Appeals 

NO. 14-22-00328-CR

JOHN AUSTIN GARRETT, Appellant 

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 506th Judicial District Court 

Waller County, Texas

Trial Court Cause No. 21-02-17562

DISSENTING OPINION

This appeal is about the punishment range, specifically the minimum 

sentence, either 5 or 25 years. It is not about whether appellant sexually assaulted 

the complainant.

There is legally-sufficient evidence that appellant committed aggravated 

sexual assault, which is a felony of the first degree punishable by imprisonment for 

life or for any term of not more than 99 years or less than 5 years. Tex. Penal Code 

Ann. § 22.021(a)(1)(A)(B), (2)(B) (aggravated sexual assault of victim younger than
2

14 years of age), (e) (first-degree felony), § 12.32 (first degree felony punishment). 

Appellant does not argue the legal insufficiency of two of the three charged acts.

The State could have charged appellant with aggravated sexual assault with 

the same punishment range as continuous sexual abuse of a young child. There was 

evidence that appellant provided the complainant with alcohol during all three 

charges acts. But although the State charged appellant with aggravated sexual 

assault, the State did not charge appellant with the intent of facilitating commission 

of the offense, administering or providing to the complainant “any substance capable 

of impairing the victim’s ability to appraise the nature of the act or to resist the act.” 

Compare Tex. Penal Code Ann. § 21.02(h) (offense of continuous sexual abuse of a 

young child is punishable by imprisonment for life or for any term of not more than 

99 years or less than 25 years ) with Tex. Penal Code Ann. § 22.021(f)(2) (minimum 

term of imprisonment for aggravated sexual assault increased to 25 years due to 

Penal Code section 22.021(a)(2)(A)(vi) (with intent of facilitating commission of 

offense, administers or provides to victim of offense any substance capable of 

impairing victim’s ability to appraise nature of act or to resist act)).

From the majority’s recitation of the evidence, it is clear to me there is simply 

no legally-sufficient evidence of an act of sexual abuse in December 2017. Because 

I agree that issue two should be overruled, I would sustain issue one, render 

judgment on the lesser-included offense of aggravated sexual assault of a victim 

younger than 14 years of age, and remand the case to the trial court for a new 

punishment hearing. See Tex. Code Crim. Proc. Ann. art. 44.25(b).
3

I dissent to this court’s judgment.

/s/ Charles A. Spain 

Justice

Panel consists of Chief Justice Christopher and Justices Jewell and Spain. 

Publish — Tex. R. App. P. 47.2(b).
**Exhibit 10.3**

**MAXYGEN, INC.**

 

**AMENDMENT NO. 1 TO**

**CHANGEOF CONTROL AGREEMENT**

 

This **AMENDMENT NO. 1 TO CHANGEOF CONTROL AGREEMENT** (the “Amendment No. 1”), dated March 3, 2003, is made by and between **MAXYGEN, INC.**, a Delaware corporation (the“Company”), and ____________**** (the “Executive”). 

 

**WHEREAS**, the Company and the Executive have entered into a Change of Control Agreement dated ____________ (the “Original Agreement”); and 

 

**WHEREAS**, the Board ofDirectors of the Company believes that it is in the best interests of the Company stockholders to amend the Original Agreement as provided below. 

 

**NOW, THEREFORE**, in consideration of the premises and the mutual covenants hereincontained, the Company and the Executive agree as follows: 

 

**1.**    The definitions shall be amended as follows: 

 

**1.1**    Section 2(f), the definition of “Change of Control”, is hereby amended by deleting the “or,” between subsections (v) and (vi) and adding thefollowing at the end of the paragraph: 

 

“or (vii) a sale of substantially all the assets of the Company’s protein pharmaceutical business.” 

 

**2.**    The benefits in the event of a Change of Control shall be amended as follows: 

 

**2.1**    Section 3(a)(i) is herebyamended by changing “two times” to “three times”. 

 

**2.2**    The final sentence of Section 3(a) is hereby amended by changing “two (2) years from the date of termination” to “three (3) years from the date of termination.”

 

**2.3**    New Section3(e) is hereby added as follows: 

 

“(e) If the Change of Control is the result of the circumstances described in subsection (vii) of Section 2(f), the benefits described in Section 3(a) shall be payable to the Executive upon cessation of employment with theCompany (for any reason) that occurs after the earlier to occur of (x) twelve (12) months after the Change of Control and (y) disposition of all or substantially all the remaining assets of the Company.” 

 

**2.4**    New Section 3(f) is herebyadded as follows: 

 

 

“(f) If the Executive is eligible for severance benefits pursuant to this Article 3, then Executive shall be eligible for and considered for a bonus for the calendar year in which the Executive’s employment terminates atthe same time other employees are considered for a bonus for such calendar year even though the Executive will no longer be an employee of the Company at that time; provided, however, any such bonus shall be pro-rated based on the effective date ofExecutive’s termination.” 

 

**3.**    Except as expressly provided herein, the terms of the Original Agreement shall remain in full force and effect. 

 

**MAXYGEN, INC.**

By:
 
 
  
Isaac Stein
  
Chairman

**THE EXECUTIVE**

 

Name:

 

2
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 Quarterly Report of Gramercy Capital Corp. (the "Company") on Form 10-Q as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jon W. Clark, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



/s/ JON W. CLARK Name:  Jon W. Clark
Title:Chief Financial Officer


Date:
November 9, 2009

---



QuickLinks
/s/ Edward F. Crawford
    
    /s/  Jeffrey L. RutherfordEdward F. Crawford
    
    Jeffrey L. Rutherford, Vice President and ChiefChief Executive Officer, Chairman of
the Board
    
    Financial Officerand Director/s/ Matthew V. Crawford
    
    /s/ Dan T. MooreMatthew V. Crawford
    
    Dan T. Moore, DirectorPresident, Chief Operating Officer,
and Director/s/ Patrick V. Auletta
    
    /s/ Ronna RomneyPatrick V. Auletta, Director
    
    Ronna Romney, Director/s/
Kevin R. Greene
    
    /s/ James W. WertKevin R. Greene, Director
    
    James W. Wert, Director/s/ A. Malachi Mixon, IIIA. Malachi Mixon, III, Director
##### 



Exhibit 10.9
 NEW CENTURY FINANCIAL CORPORATION
2004 PERFORMANCE INCENTIVE PLAN
DIVIDEND EQUIVALENT RIGHTS AWARD AGREEMENT
 THIS DIVIDEND EQUIVALENT RIGHTS AWARD AGREEMENT Award Agreement  Award Date Corporation  Participant
 WITNESSETH
 WHEREAS Plan Award
 NOW THEREFORE
 1. Defined Terms
 2. Grant; Term of Award  Dividend Equivalent Rights    Performance Year
 3. Dividend Equivalents; Performance Thresholds Earnings Per Share Aggregate Annual Dividend




---



##### 



Performance Year
    
    EPS Threshold
    
    Dividend Threshold
 Dividend Equivalent
  4. Payment Award Payment Date
 5. Continuance of Employment




---



##### 



6. Limitations on Rights
 7. Restrictions on Transfer
 8. Effect of Termination of Employment or Services .
 9. Adjustments Upon Specified Events; Change in Control Event




---



##### 



10. Tax Withholding
 11. Notices
 12. Plan




---



##### 



after
 13. Entire Agreement
 14. Section Headings
 15. Governing Law
 IN WITNESS WHEREOF
 NEW CENTURY FINANCIAL CORPORATION,
a Maryland corporationBy:Name:
    Brad A. MorriceTitle:
    Vice Chairman, President and Chief Operating


Officer PARTICIPANTBy:Name:
[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Pages 61170-61171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20956]


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

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

October 14, 2005.
    The Department of the Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the

[[Page 61171]]

Paperwork Reduction Act of 1995, Public Law 104-13. Copies of the 
submission(s) may be obtained by calling the Treasury Bureau Clearance 
Officer listed. Comments regarding this information collection should 
be addressed to the OMB reviewer listed and to the Treasury Department 
Clearance Officer, Department of the Treasury, Room 11000, 1750 
Pennsylvania Avenue, NW., Washington, DC 20220.

DATES: Written comments should be received on or before November 21, 
2005, to be assured of consideration.

Alcohol and Tobacco Tax and Trade Bureau (TTB)

    OMB Number: 1513-0043.
    Type of Review: Extension.
    Title: Application and Permit to Ship Puerto Rican Spirits to the 
United States without payment of tax.
    Form: TTB form 5110.31.
    Description: TTB form 5110.31 is used to allow a person to ship 
spirits in bulk into the U.S. The form identifies the person in Puerto 
Rico from where shipments are to be made, the person in the U.S. 
receiving the spirits, amounts of spirits to be shipped and the bond of 
the U.S. person to cover taxes on such spirits.
    Respondents: Business or other for-profit.
    Estimated Total Burden Hours: 750 hour.
    Clearance Officer: Frank Foote, Alcohol and Tobacco Tax and Trade 
Bureau, Room 200 East, 1310 G. Street, NW., Washington, DC 20005, (202) 
927-9347.
    OMB Reviewer: Alexander T. Hunt, Office of Management and Budget, 
Room 10235, New Executive Office Building, Washington, DC 20503, (202) 
395-7316.

Michael A. Robinson,
Treasury PRA Clearance Officer.
[FR Doc. 05-20956 Filed 10-19-05; 8:45 am]
BILLING CODE 4810-31-P
EX-10.5



 Exhibit 10.5 
 2007-1 AMENDMENT TO
 2004 Stock Option Plan 

THIS 2007-1 AMENDMENT TO 2004 STOCK OPTION PLAN (this “Amendment”), dated as of July 10, 2007, is entered into by
Enpirion, Inc., a company organized under the laws of the State of Delaware (“Company”). 
 WHEREAS, the
Company entered into a 2004 Stock Option Plan (as amended, the “Plan”), whereby the Company created a plan to compensate the Company’s officers, employees, directors, consultants and other key persons with awards of stock
options; and 
 WHEREAS, the Company intends to amend the Plan to, among other things, increase the maximum number of shares of
stock reserved and available for issuance under the Plan and change the vesting of the stock options granted under the Plan, all on the terms and conditions set forth herein. 
 NOW, THEREFORE, the Company hereby agrees as follows: 
 1.    Capitalized
terms used herein and not otherwise defined shall have the meanings given to them in the Plan. 
 2.    Section 3 of the
Plan shall be amended by replacing the number “3,352,931” therein with the number “6,352,931”. 

3.    Except as amended by this Amendment, the Plan shall remain unchanged and continue in full force and effect. 

4.    This Amendment shall be construed, interpreted and enforced in accordance with the laws of the State of New York without regard
to its provisions governing conflict of law. 







 IN WITNESS WHEREOF, and as evidence of the adoption of the amendment set forth
herein, the Company has caused this instrument to be executed as of the date first above written. 
  

			
	ENPIRION, INC.
		
	By:	 	 
	Name:
	Title:


 SIGNATURE PAGE TO 2007-1 AMENDMENT TO 2004 OPTION PLAN
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





In connection with the Quarterly Report of Gramercy Capital Corp. (the “Company”) on Form 10-Q as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Roger M. Cozzi, Chief Executive Officer of the Company, hereby 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), as applicable, 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.





/s/ Roger M. CozziName:
Roger M. CozziTitle:
Chief Executive OfficerDate:  October 11, 2011
EXHIBIT
32.1






CERTIFICATION
OF PRINCIPAL EXECUTIVE


AND
PRINCIPAL FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906 OF


THE
SARBANES-OXLEY ACT OF 2002








Solely
for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Principal
Executive and Financial Officer of Flexible Solutions International, Inc. (the
“Company”), hereby certify that, to the best of my knowledge, the Annual Report
on Form 10-K of the Company for the year ended December 31, 2008 (the “Report”)
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.




Date:  March
      26, 2009
                By:
                /s/
      Daniel
      B. O’BrienDaniel
      B. O’BrienPrincipal
      Executive and Principal Financial Officer
**Exhibit 31.2**
**CERTIFICATIONS**
I, N. Michael Dion, Executive Vice President & Chief Financial Officer of Pinnacle Foods Group Inc.(the “Registrant”), certify that:
1.  I have reviewed this quarterly report on Form 10-Q of Pinnacle Foods Group Inc.; 2.  Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the Registrant as of, and for, the periods presented in thisreport; 4.  The Registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the Registrant and have:
 (a)  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the Registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b)  Evaluated the effectiveness of the Registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (c)  Disclosed in this report any change in the Registrant’s internal control overfinancial reporting that occurred during the Registrant’s three months ended March 27,2005 that has materially affected, or is reasonably likely to materially affect, theRegistrant’s internal control over financial reporting; and
5.  The Registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’s auditors and theaudit committee of the Registrant’s board of directors (or persons performing the equivalentfunctions):
 (a)  All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the Registrant’s ability to record, process, summarize and report financialinformation; and  (b)  Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the Registrant’s internal control over financialreporting.     Date: May 9, 2005        /s/ N. MICHAEL DION            N. Michael Dion   Executive Vice President and Chief Financial Officer  
58
EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-62012) pertaining to the
CompuCredit Corporation 2000 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-78409) pertaining to the CompuCredit Corporation Amended and
Restated 1998 Stock Option Plan and in the Registration Statement (Form S-8 No. 333-92889) pertaining to the CompuCredit Corporation Employee Stock Purchase Plan
of our report dated January 24, 2003, with respect to the consolidated financial statements of CompuCredit Corporation and subsidiaries included in the Annual Report
(Form 10-K/A) for the year ended December 31, 2002.



| | /s/BDO SEIDMAN, LLP
| | -------------------

Atlanta, Georgia
October 31, 2003

---

QuickLinks
#### Dennis Unemployment Compensation Case.

Argued November 12, 1957.

Before Rhodes, P. J., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

*Glenn E. Mencer,*for appellant.

*Sydney Reuben,*Assistant Attorney General, with him *Thomas D. McBride,*Attorney General, for appellee.

January 21, 1958:

Opinion by

Watkins, J.,

This is an appeal from a decision of the Unemployment Compensation Board of Review, which affirmed the bureau and the referee in denying claim credit to the appellant on the ground that he voluntarily left work without cause of a necessitous and compelling nature Avithin the meaning of Section 402 (b) of the Unemployment Compensation Law.

Ronald A. Dennis, claimant appellant, was employed by the Pennsylvania Drilling Company in June *105of 1956. He liad information that his work would be terminated in the near future. Without waiting for the anticipated termination of his work, he left his employment on June 30, 1956. He returned to his former occupation as a drilling contractor and was so employed from June 30, 1956 to December 14, 1956. On January 1, 1957, the appellant registered for work and filed a claim for unemployment benefits.

The board affirmed the findings of fact of the referee that the appellant voluntarily terminated his employment in order to become self employed as a drilling contractor; that he was not laid off or discharged, and continuing work was available had he chosen to remain. There is sufficient competent evidence to support these findings.

Section 402 (b) of the Unemployment Compensation Law, 43 PS §802 (b), provides as follows: “An employe shall be ineligible for compensation for any week — In which his unemployment is due to voluntarily leaving work *without cause of a necessitous*and compelling nature, irrespective of whether or not such work is in ‘employment’ as defined in this act . . .”.

The legislature has adopted the phraseology used by the court many times in construing “good cause”. See *Allen Unemployment Compensation Case,*174 Pa. Superior Ct. 514, 517, 102 A. 2d 195 (1954); *Sturdevant Unemployment Compensation Case,*158 Pa. Superior Ct. 548, 557, 45 A. 2d 898, 903 (1946).

A laudable motive, in this case, a desire to go into business for himself because of a fear that his employment might terminate in the near future, is not the “cause of a necessitous and compelling nature” which justifies an employee’s terminating his relation with his employer. The law does not make an employer the insurer to any extent whatsoever of the private ventures of their employees. An employee who left *106his work to go into a business of his own, which failed, becomes an unemployed business man and not a compensable unemployed worker: *Dawkins Unemployment Compensation Case,*358 Pa. 224, 56 A. 2d 254 (1948).

The appellant voluntarily terminated his employment to go into a private venture of his own and such a termination of employment is without cause of a necessitous and compelling nature.

The decision of the Unemployment Compensation Board of Review is affirmed.
PROCESS GUARANTEE









Exhibit

10.11




 




PROCESS

GUARANTEE




 




The following Process Guarantee is provided by Broin and Associates, Inc. in

relation to the Great Plains Ethanol, LLC ethanol plant project located near

Chancellor, South Dakota (The Project).




 




Broin and Associates guarantees the

following:




 




1.             Project

Performance Specification




 




The Project is guaranteed to produce 4,807

gallons per hour of fuel grade (Williams Pipeline Standard) ethanol including

the contained denaturant (gasoline). The Project is guaranteed to have the ability

to evaporate all necessary thin stillage and dry all distillers’ grains

produced at 100% guaranteed capacity. 

The plant is guaranteed to yield at least 2.7 gallons of ethanol

(denatured) per 56 lb. bushel of corn (test weight 54 pounds or greater).




 




2.             Testing

Period




 




The project is guaranteed to reach

performance specifications for a period of seven (7) days before the Engineer

will leave the site.  The testing period

will be completed with the Owner’s personnel and raw materials.




 




3.             Remedies




 




If the Project does not meet the above

guarantees during the timeframe described in the Owners Agreement, Broin and

Associates, Inc. will perform the following at their expense: 1) use Broin and

Associates, Inc.’s best effort to correct any problem, 2) repair or replace any

failing component(s) or system(s) and 3) obtain any additional resources needed

to satisfy guarantees.




 




This document contains the entire Process Guarantee provided by Broin

and Associates, Inc. No oral statements, representations or prior written

matter not contained in this document shall have any effect regarding Process

Guarantee.




 




BROIN AND ASSOCIATES, INC.




 




 




	

  /s/ Robert Broin


  	

   


  	

  November 20, 2000


  	

   


  
	

  Robert Broin


  	

   


  	

  Date


  
	

  President