alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.2






TERM NOTE




PACIFIC BIOMETRICS, INC.




$4,000,000.00 Seattle, Washington



September 1, 2009




FOR VALUE RECEIVED, Pacific Biometrics, Inc., a Delaware corporation (the “Company”), promises
to pay to Terry M. Giles (“Lender”) or its registered assigns, the principal amount of
$4,000,000.00, plus accrued and unpaid interest on this Note, pursuant to that certain Loan and
Security Agreement dated of even date herewith between the Company and Lender (the “Loan
Agreement”).



This Note is issued in connection with the Term Loan made pursuant to, and is entitled to the
benefits of, the Loan Agreement, to which reference is hereby made for a more complete statement of
the rights and obligations of the Lender and the duties and obligations of the Company under which
the Term Loan evidenced hereby is made and is to be repaid. Capitalized terms used in this Note
without being defined shall have their respective meanings as set forth in the Loan Agreement.



Principal of and interest on the unpaid principal balance of the Term Loan under this Note
from time to time outstanding shall be due and payable at the times and at the interest rate as set
forth in the Loan Agreement. All payments of principal and interest in respect of this Note shall
be made in lawful money of the United States of America. This Note may be prepaid at any time in
full or in part without premium or penalty.



Upon the occurrence of an Event of Default, the unpaid balance of the principal amount of this
Note, together with all accrued and unpaid interest thereon, may become, or may be declared to be,
due and payable in the manner, upon the conditions and with the effect provided in the Loan
Agreement.



This Note is subject to restrictions on transfer or assignment as provided in the Loan
Agreement. The terms of this Note are subject to amendment only in the manner provided in the Loan
Agreement.



THIS NOTE AND THE RIGHTS AND OBLIGATIONS OF COMPANY AND LENDER HEREUNDER SHALL BE GOVERNED BY, AND
SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF WASHINGTON,
WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES.



[Remainder of Page Intentionally Left Blank; Signature Page Follows]





1






ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING
REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW



EXECUTED as of the date and at the place first written above.




PACIFIC BIOMETRICS, INC.




By:  /s/ Ronald R. Helm

Ronald R. Helm

Chief Executive Officer





2
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 1 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 2 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 3 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 4 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 5 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 6 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 7 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 8 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 9 of 10
Case 1:07-cv-03493-CM Document 5-5 Filed 05/04/2007 Page 10 of 10
#### TRUST CO. v. ROBERTSON

No. 120 PC.

Case below: 16 N.C. App. 484.

Petition for writ of certiorari to North Carolina Court of Appeals denied 6 February 1973.
Case 1:07-cv-03361-LAK Document 4 Filed 05/23/2007 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 7
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<DEBT-HELD-FOR-SALE>                       165,485,352
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                   3,026,871
<MORTGAGE>                                  13,460,284
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                             190,414,630
<CASH>                                       3,277,730
<RECOVER-REINSURE>                              96,116
<DEFERRED-ACQUISITION>                      27,523,532
<TOTAL-ASSETS>                             247,930,462
<POLICY-LOSSES>                            185,449,221
<UNEARNED-PREMIUMS>                         13,268,614
<POLICY-OTHER>                               1,679,784
<POLICY-HOLDER-FUNDS>                        1,961,493
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       833,407
<OTHER-SE>                                  25,647,683
<TOTAL-LIABILITY-AND-EQUITY>               247,930,462
<PREMIUMS>                                  26,834,172
<INVESTMENT-INCOME>                          9,620,972
<INVESTMENT-GAINS>                            (59,994)
<OTHER-INCOME>                                 467,726
<BENEFITS>                                  13,651,492
<UNDERWRITING-AMORTIZATION>                     79,866
<UNDERWRITING-OTHER>                        21,167,930
<INCOME-PRETAX>                              1,963,588
<INCOME-TAX>                                   397,642
<INCOME-CONTINUING>                          1,565,946
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                423,209
<CHANGES>                                            0
<NET-INCOME>                                 1,142,737
<EPS-PRIMARY>                                     1.38
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
Case 1:07-cv-03525-PKL Document 11-2 Filed 06/03/2008 Page 1 of 5
Case 1:07-cv-03525-PKL Document 11-2 Filed 06/03/2008 Page 2 of 5
Case 1:07-cv-03525-PKL Document 11-2 Filed 06/03/2008 Page 3 of 5
Case 1:07-cv-03525-PKL Document 11-2 Filed 06/03/2008 Page 4 of 5
Case 1:07-cv-03525-PKL Document 11-2 Filed 06/03/2008 Page 5 of 5
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 Agriculture

###### Food and Nutrition Service 

          - 7 CFR Part 226 
          - RIN 0584-AD67 

# AGENCY:

Food and Nutrition Service, USDA. 

# ACTION:

Final rule; confirmation of effective date.

# SUMMARY:

The provisions of the final rule entitled, Child and Adult Care Food Program: Increasing the Duration of Tiering Determinations for Day Care Homes, published on February 22, 2005, at 70 FR 8501, could not become effective until approval of the associated information collection requirements by the Office of Management and Budget (OMB). Those requirements were cleared by OMB on August 18, 2005 under OMB Control Number 0584-0055. This document announces the effective date of the provisions contained in the originally-published rule. 

# DATES:

                        The amendments to §§ 226.6(f)(1)(iii) and 226.15(f), published in the                         **Federal Register**                         on February 22, 2005, at 70 FR 8501, are effective as of August 18, 2005.                     

# FOR FURTHER INFORMATION CONTACT:

Keith Churchill, Section Chief, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302, phone (703) 305-2590. 

Dated: November 17, 2005. 

Roberto Salazar, 

Administrator. 

[FR Doc. 05-23580 Filed 12-2-05; 8:45 am] 

BILLING CODE 3410-30-P
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-30344

Conference Calendar

 

JOHN W. DOWDELL,

Plaintiff-Appellant,

versus

WACKENHUT, Allen Correctional Center;

MEDICAL STAFF, ALLEN CORRECTIONAL CENTER,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 97-CV-500

- - - - - - - - - -

April 19, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges. 

PER CURIAM:*

John D. Dowdell, a Louisiana prisoner (# 93062), appeals the

district court’s dismissal of his 42 U.S.C. § 1983 civil rights

action as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 

Because Dowdell does not now raise any arguments concerning the

basis of the district court’s dismissal of his complaint--that

Dowdell failed to identify individual “persons” who allegedly

violated his constitutional rights--he has abandoned the only

issue before this court. See Brinkmann v. Dallas County Deputy 
No. 98-30344 

-2-

Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Dowdell’s

appeal is without arguable merit and is thus frivolous. See

Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Dowdell’s

appeal is thus DISMISSED. 5TH CIR. R. 42.2. 

APPEAL DISMISSED.
Case 1:07-cv-03512-JSR Document 23 Filed 12/07/2007 Page 1 of 3
Case 1:07-cv-03512-JSR Document 23 Filed 12/07/2007 Page 2 of 3
Case 1:07-cv-03512-JSR Document 23 Filed 12/07/2007 Page 3 of 3
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          43,242
<SECURITIES>                                     8,395
<RECEIVABLES>                                   26,774<F1>
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                     39,703
<CURRENT-ASSETS>                               137,154
<PP&E>                                          76,908
<DEPRECIATION>                                  34,699
<TOTAL-ASSETS>                                 210,660
<CURRENT-LIABILITIES>                           39,497
<BONDS>                                          9,380
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,822
<OTHER-SE>                                     118,483
<TOTAL-LIABILITY-AND-EQUITY>                   210,660
<SALES>                                        133,390
<TOTAL-REVENUES>                               133,390
<CGS>                                           90,907
<TOTAL-COSTS>                                  126,351
<OTHER-EXPENSES>                               (6,795)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 804
<INCOME-PRETAX>                                 13,834
<INCOME-TAX>                                     5,051
<INCOME-CONTINUING>                              8,783
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,363
<EPS-PRIMARY>                                     1.00
<EPS-DILUTED>                                     1.00
<FN>
<F1>Accounts Receivable, Trade are reported net of allowance for
Doubtful Accounts in the Condensed Consolidated Balance Sheet.
</FN>
        

</TABLE>
#### J. HOWARD FORBES v. JAMES F. BRITTON and Wife, NORA A. BRITTON.

(Filed 23 September, 1964.)

Automobiles § 42d—

Evidence that plaintiff reduced his speed to some twenty miles per hour in entering an area of fog and smoke, and collided with defendant’s vehicle which was standing without lights in his lane of travel some twenty-five feet in the fog, *held*not to show contributory negligence as a matter of law.

Appeal by defendants from *Morris, J.,*December 1963 Session of CuRRitucK.

The plaintiff instituted this civil action to recover for personal injuries sustained in an automobile accident. His evidence tended to show these facts:

About 7:45 a.m. on December 4, 1961, while operating a pickup truck southerly on U. S. Highway No. 158 in Currituck County at a speed of from forty to fifty miles per hour, plaintiff observed a patch of fog three- or four-tenths of a mile away. He reduced his speed and drove into the fog at fifteen or twenty miles per hour. He then discovered that the fog was mixed with smoke. A pine thicket was burning near the highway. When he was ten or fifteen feet into the smoke and fog he observed in his lane of travel the defendants’ automobile, ten or twelve feet away, stopped without lights. Defendants’ car had entered the smoke and fog three or four minutes before. The shoulder on the west was sixteen feet wide, and three other vehicles which had entered the smoke and fog had driven onto it. The right front of plaintiff’s truck collided with the left rear of defendants’ automobile, and plaintiff sustained serious injuries.

*494Defendants’ motions for nonsuit, timely made, were overruled. The jury, upon sharply conflicting evidence, answered the issues in favor of the plaintiff and awarded damages. 'From judgment entered on the verdict, defendants appealed.

*John H. Hall for plaintiff.*

*LeBoy, Wells & Shaw for defendants.*

PER CüRiam.

The sole question here is whether plaintiff’s evidence disclosed his contributory negligence as a matter of law. Although this is a borderline case, the issues, we think, were properly submitted to the jury. *Dawson v. Transportation Co.,*230 N.C. 36, 51 S.E. 2d 921.

No error.
Case 1:07-cv-03496-WHP Document 17-12 Filed 06/26/2007 Page 1 of 2
Case 1:07-cv-03496-WHP Document 17-12 Filed 06/26/2007 Page 2 of 2
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Page 72436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23599]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Board of Scientific Counselors, National Center for Infectious 
Diseases: Meeting

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following committee meeting.

    Name: Board of Scientific Counselors, National Center for 
Infectious Diseases (NCID).
    Times and Dates: 1 p.m.-5:30 p.m., November 29, 2005. 8:30 a.m.-
5 p.m., November 30, 2005.
    Place: CDC, Building 19, 1600 Clifton Road, Atlanta, Georgia 
30333.
    Status: Open to the public, limited only by the space available.
    Purpose: The Board of Scientific Counselors, NCID, provides 
advice and guidance to the Director, CDC, and Director, NCID, in the 
following areas: Program goals and objectives; strategies; program 
organization and resources for infectious disease prevention and 
control; and program priorities.
    Matters to Be Discussed: Agenda items will include:

1. Opening Session: NCID Update.
2. CCID Update.
3. Environmental Microbiology.
4. Development of CDC Research Agenda.
5. Veterinary-Human Public Health Interface.
6. Global Disease Detection Initiative.
7. Topic Updates.
    a. Chronic Wasting Disease.
    b. Quarantine Update.

    Other agenda items include announcements/introductions; follow-
up on actions recommended by the Board May 2005; consideration of 
future directions, goals, and recommendations.
    Agenda items are subject to change as priorities dictate.
    Written comments are welcome and should be received by the 
contact person listed below prior to the opening of the meeting.
    The Federal Register notice is being published less than fifteen 
days before the date of the meeting.
    Contact Person for More Information: Tony Johnson, Office of the 
Director, NCID, CDC, Mailstop E-51, 1600 Clifton Road, NE., Atlanta, 
Georgia 30333, e-mail <a href="/cdn-cgi/l/email-protection#1c68767374726f73722f5c7f787f327b736a"><span class="__cf_email__" data-cfemail="394d535651574a56570a795a5d5a175e564f">[email protected]</span></a>; telephone 404/498-3249.
    The Director, Management Analysis and Services office has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both the Centers for Disease Control and Prevention 
and the Agency for Toxic Substances and Disease Registry.

    Dated: November 29, 2005.
Diane Allen,
Acting Director, Management Analysis and Services Office, Centers for 
Disease Control and Prevention.
[FR Doc. 05-23599 Filed 11-30-05; 9:56 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the Registration Statements (Forms S-8 Nos. 333-32574,
333-55450, 333-82168, 333-103493, 333-113275, 333-82166 and 333-120888) pertaining to the 1997 Stock Plan and the 1999 Employee
Stock Purchase Plan, the 2001 Nonstatutory Stock Option Plan of Symyx Technologies, Inc. and the IntelliChem, Inc. 2003 Stock Option Plan of our reports dated March 3, 2005, with
respect to the consolidated financial statements of Symyx Technologies, Inc., Symyx Technologies, Inc. management's assessment of the effectiveness of internal control over financial
reporting, and the effectiveness of internal control over financial reporting of Symyx Technologies, Inc., included in this Annual Report (Form 10-K) for the year ended
December 31, 2004.



Palo
Alto, California
March 3, 2005

---



QuickLinks
EXHIBIT 23.1    


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
33-22990, 33-38210, 33-51588 and 33-61624 on Forms S-3 and in Registration
Statement Nos. 2-83273, 2-98984, 33-27288, 33-38209, and 33-86078 on Forms S-
8 of Jackpot Enterprises, Inc. of our report dated September 21, 1998,
appearing in this Annual Report on Form 10-K of Jackpot Enterprises, Inc. for
the year ended June 30, 1998.

/s/ Deloitte & Touche LLP

DELOITTE & TOUCHE LLP

Las Vegas, Nevada
September 22, 1998
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH 

	NO. 2-08-159-CV

BRADFORD TAYLOR	APPELLANT	

	V.

DENA TAYLOR 		     							  APPELLEE	

	----------

	FROM THE 231ST DISTRICT COURT OF TARRANT COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	On October 15, 2008, we notified appellant that his brief had not been filed as required by Texas Rule of Appellate Procedure 38.6(a).  See Tex. R. App. P. 38.6(a).  We stated we could dismiss the appeal for want of prosecution unless appellant or any party desiring to continue this appeal filed with the court within ten days a response showing grounds for continuing the appeal.  We have not received any response.

	Because appellant’s brief has not been filed, we dismiss the appeal for want of prosecution.  See Tex. R. App. P. 38.8(a), 42.3(b).

	Appellant shall pay all costs of this appeal, for which let execution issue.

								PER CURIAM 		

PANEL:  HOLMAN, GARDNER, and WALKER, JJ.  

DELIVERED:  November 20, 2008
#### STATE v. CLANTON

No. 56PC

Case below: 49 NC App 698

Petition by defendant for writ of certiorari to North Carolina Court of Appeals denied 5 May 1981.
Case 7:07-cv-03432-CS-MDF Document 34-12 Filed 04/24/2008 Page 1 of 1
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

June 25, 2012

h0618

Order 

June 25, 2012

144713

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 144713

COA: 306992

Kent CC: 11-001688-FH

MARGARET ANN WHITEHEAD,

Defendant-Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the January 4, 2012 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court.
Case 1:07-cv-03478-AKH     Document 7      Filed 09/06/2007     Page 1 of 2

Case 1:07-cv-03478-AKH     Document 7      Filed 09/06/2007     Page 2 of 2
#### STATE v. CALDWELL and STATE V. MADDOX

No. 331 PC.

Case below: 53 N.C. App. 1.

Petition by defendants for discretionary review under G.S. 7A-31 denied 6 October 1981. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 6 October 1981:
#### STATE v. JEETER

No. 54 PC.

Case below: 32 N.C. App. 131.

Petition by defendants for discretionary review under G.S. 7A-31 denied 7 March 1977.
#### STATE v. DOZIER

No. 120 PC.

Case below: 19 N.C. App. 740.

Petition for writ of certiorari to North Carolina Court of Appeals denied 9 January 1974.