alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 10.15


                                SECOND AMENDMENT
                                     TO THE
                              BOWATER INCORPORATED
                            1992 STOCK INCENTIVE PLAN


         WHEREAS, Bowater Incorporated, a Delaware corporation (the
"Corporation"), established the Bowater Incorporated 1992 Stock Incentive Plan
(the "Plan"); and

         WHEREAS, the Corporation desires to amend the Plan, to change a part of
the definition of "Change in Control," thereunder;

         NOW, THEREFORE, the Plan is hereby amended, effective February 26,
1999, as follows:

Section 16(c)(4) is amended to read:

         "(4)     the date on which less than 50% of the total membership of the
                  Board consists of Continuing Directors."

         IN WITNESS WHEREOF, Bowater Incorporated has caused this Second
Amendment to be executed by its duly authorized officer this 11th day of May,
1999.


                                      BOWATER INCORPORATED

                                      By: /s/ James T. Wright
                                          --------------------------------------
                                              James T. Wright

                                      Title:  Vice President - Human Resources
                                              ----------------------------------


                                      -1-
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk July 26, 2010

p0719 

# Order

July 26, 2010

140543

GRANGER LAND DEVELOPMENT COMPANY and GRANGER WASTE MANAGEMENT COMPANY, Plaintiffs-Appellees,

v SC: 140543 COA: 286355 Ct of Claims: 05-000083-MT DEPARTMENT OF TREASURY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the December 29, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
<PAGE>   1


                                                                  EXHIBIT 23.2



CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (Nos. 333-04351, 333-64681 and 333-64683) of NOVA
Corporation of our report dated September 25, 1998, relating to the
consolidated financial statements of PMT Services, Inc., which appears in the
Annual Report to Shareholders, which is incorporated in this Annual Report on
Form 10-K of NOVA Corporation. We also consent to the incorporation by
reference of our report dated September 25, 1998 related to the financial
statement schedule for the year ended July 31, 1997.

/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
Nashville, Tennessee
March 27, 2000
Exhibit 31.2
 CERTIFICATION
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of First Franklin Corporation;
 2.
    
    Based on my knowledge, this 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 report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
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-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) 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 the registrants board of directors (or persons performing the equivalent
functions):
   Date: November 15, 2010
    
    /s/ Daniel T. VoelpelDaniel T. VoelpelVice President and Chief Financial Officer
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2195 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2195

_______________________________________________________________________

                                 AN ACT

 
To authorize the Secretary of the Interior, pursuant to the provisions 
of the Reclamation Wastewater and Groundwater Study and Facilities Act 
to participate in the design, planning, and construction of the Truckee 
 watershed reclamation project for the reclamation and reuse of water.

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

SECTION 1. TRUCKEE WATERSHED RECLAMATION PROJECT.

    (a) Authorization.--The Secretary of the Interior, in cooperation 
with Washoe County, Nevada, may participate in the design, planning, 
and construction of, the Truckee watershed reclamation project, 
consisting of the North Valley Reuse Project and the Spanish Springs 
Valley Septic Conversion Project (``Project''), to reclaim and reuse 
wastewater (including degraded ground water) within and without the 
service area of Washoe County, Nevada.
    (b) Cost Share.--The Federal share of the cost of the Project shall 
not exceed 25 percent of the total cost.
    (c) Limitation.--Funds provided by the Secretary shall not be used 
for the operation or maintenance of the Project.
    (d) Funding.--Funds appropriated pursuant to section 1615 of the 
Reclamation Wastewater and Groundwater Study and Facilities Act may be 
used for the Project (106 Stat. 4663-4669, 43 U.S.C. 390h et seq.), as 
amended.

SEC. 2. RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT

    Design, planning, and construction of the Project shall be in 
accordance with, and subject to the limitations contained in, the 
Reclamation Wastewater and Groundwater Study and Facilities Act (106 
Stat. 4663-4669, 43 U.S.C. 390h et seq.), as amended.

            Passed the Senate October 13 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2195

_______________________________________________________________________

                                 AN ACT

To authorize the Secretary of the Interior, pursuant to the provisions 
of the Reclamation Wastewater and Groundwater Study and Facilities Act 
to participate in the design, planning, and construction of the Truckee 
 watershed reclamation project for the reclamation and reuse of water.
```
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices 4141 

Income Tax Credit Project Committee 

will be conducted. The Taxpayer 

Advocacy Panel is soliciting public 

comments, ideas and suggestions on 

improving customer service at the 

Internal Revenue Service. 

DATES: The meeting will be Wednesday, 

February 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Donna Powers at 1–888–912–1227 or 

954–423–7977. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to Section 

10(a)(2) of the Federal Advisory 

Committee Act, 5 U.S.C. App. (1988) 

that an open meeting of the Taxpayer 

Advocacy Panel Earned Income Tax 

Credit Project Committee will be held 

Wednesday, February 24, 2010, at 1 

p.m. Eastern Time via telephone 

conference. The public is invited to 

make oral comments or submit written 

statements for consideration. Due to 

limited conference lines, notification of 

intent to participate must be made with 

Donna Powers. For more information 

please contact Ms. Powers at 1–888– 

912–1227 or 954–423–7977, or write 

TAP Office, 1000 South Pine Island 

Road, Suite 340, Plantation, FL 33324, 

or contact us at the Web site: http:// 

www.improveirs.org. 

The agenda will include various IRS 

issues. 

Dated: January 15, 2010. 

Linda Rivera, 

Senior Program Analyst, Taxpayer Advocacy 

Panel. 

[FR Doc. 2010–1132 Filed 1–25–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Open Meeting of the Taxpayer 

Advocacy Panel Joint Committee 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of meeting. 

SUMMARY: An open meeting of the 

Taxpayer Advocacy Panel Joint 

Committee will be conducted. The 

Taxpayer Advocacy Panel is soliciting 

public comment, ideas, and suggestions 

on improving customer service at the 

Internal Revenue Service. 

DATES: The meeting will be held 

Tuesday, February 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gilbert at 1–888–912–1227 or 

(515) 564–6638. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to Section 

10(a)(2) of the Federal Advisory 

Committee Act, 5 U.S.C. App. (1988) 

that an open meeting of the Taxpayer 

Advocacy Panel Joint Committee will be 

held Tuesday, February 23, 2010, at 3 

p.m. Eastern Time via telephone 

conference. The public is invited to 

make oral comments or submit written 

statements for consideration. Due to 

limited conference lines, notification of 

intent to participate must be made with 

Susan Gilbert. For more information 

please contact Ms. Gilbert at 1–888– 

912–1227 or (515) 564–6638 or write: 

TAP Office, 210 Walnut Street, Stop 

5115, Des Moines, IA 50309 or contact 

us at the Web site: 

http://www.improveirs.org. 

The agenda will include various IRS 

issues. 

Dated: January 15, 2010. 

Linda Rivera, 

Senior Program Analyst, Taxpayer Advocacy 

Panel. 

[FR Doc. 2010–1134 Filed 1–25–10; 8:45 am] 

BILLING CODE 4830–01–P 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES
#### James Hughes, Inc., Appellant, *v.*Browning, Wells & Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department,

July 13, 1936.

*Max Rockmore,*for the appellant.

*Macklin, Brown, Lenahan & Speer [Leo F. Manan*of counsel], for the respondent.

Per Curiam.

The president of the defendant corporation, knowing that the cargo had been on fire, without taking any steps to ascertain if the fire had been extinguished, voluntarily signed the charter party without reservation or exception, which, if he desired, he could have inserted in the contract. One who makes a positive agreement to do a lawful act is not absolved from liability for a failure to fulfill his covenant by a subsequent impossibility of per*215formance caused by an act of God or an unavoidable accident. *(Buffalo & L. Land Co.*v. *Bellevue L. & I. Co.,*165 N. Y. 247; *Marsh*v. *Johnston,*125 App. Div. 597; affd., 196 N. Y. 511; *Berg*v. *Erickson,*234 Fed. 817, at p. 820.)

Judgment reversed, with thirty dollars costs, and judgment ordered for plaintiff, the amount of plaintiff’s damages to be assessed by the court or referee.

Lydon and Frankenthaler, JJ., concur; Levy, J., dissents, with memorandum.

Levy, J.

(dissenting). I dissent. In the circumstances here disclosed the doctrine of impossibility of performance does not apply. Briefly stated, that doctrine holds that where, after contract and before the time for performance, the particular thing ■— the subject of the contract •— ceases to exist without the fault of either party, performance will be deemed discharged. This, for the rather obvious reason that in the very contract is implied a condition that the given thing will continue in existence. *(Cameron-Hawn Realty Co.*v. *City of Albany,*207 N. Y. 377.) In this case a transportable cargo was not in being at the time of contract. While the testimony upon this subject is somewhat in conflict, it is clear nevertheless that both parties well knew that the cargo had been on fire. Both parties discussed it thoroughly; both contracted, apparently believing a specific transportable cargo still existed; both were mistaken as to the subject-matter. It follows, therefore, that the contract was *nudum pactum*and that plaintiff could not rely upon it. *(Texas Co.*v. *Hogarth Shipping Co.,*256 U. S. 619, 629.) The judgment should be affirmed.
<TABLE> <S> <C>



<PAGE>
<ARTICLE>  5
       
<S>                           <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>                      DEC-31-1998
<PERIOD-END>                           DEC-31-1998
<CASH>                                      17,155
<SECURITIES>                                     0
<RECEIVABLES>                                5,143
<ALLOWANCES>                                  (374)
<INVENTORY>                                  1,734
<CURRENT-ASSETS>                            23,819
<PP&E>                                       3,505
<DEPRECIATION>                              (2,433)
<TOTAL-ASSETS>                              43,573
<CURRENT-LIABILITIES>                       14,345
<BONDS>                                     14,104
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                        30
<OTHER-SE>                                  13,555
<TOTAL-LIABILITY-AND-EQUITY>                43,573
<SALES>                                     43,358
<TOTAL-REVENUES>                            43,358
<CGS>                                       34,316
<TOTAL-COSTS>                               34,316
<OTHER-EXPENSES>                            12,604
<LOSS-PROVISION>                               127
<INTEREST-EXPENSE>                           1,336
<INCOME-PRETAX>                             (5,025)
<INCOME-TAX>                                (1,850)
<INCOME-CONTINUING>                         (3,175)
<DISCONTINUED>                               3,436
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                 1,773
<EPS-PRIMARY>                                  .56
<EPS-DILUTED>                                  .56
        


</TABLE>
[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Page 23243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10188]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW19


New England Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The New England Fishery Management Council (Council) is 
scheduling a public meeting of its Scallop Committee, in May, 2010, to 
consider actions affecting New England fisheries in the exclusive 
economic zone (EEZ). Recommendations from this group will be brought to 
the full Council for formal consideration and action, if appropriate.

DATES: This meeting will be held on Wednesday, May 19, 2010 at 9 a.m.

ADDRESSES: This meeting will be held at the Hilton Providence, 21 
Atwells Avenue, Providence, RI 02903; telephone: (401) 831-3900; fax: 
(401) 751-0007.
    Council address: New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION: The committee will review the status of 
scallop actions recently adopted (Framework 21) and under development 
(Amendment 15). The Committee will review a draft public hearing 
document for Amendment 15 public hearings that are being scheduled this 
summer. The Committee will also discuss initiation of Framework 22 and 
identify potential measures to be considered by the Council in June. 
Framework 22 will set fishery specifications for fishing years 2011 and 
2012. The committee may discuss other topics at their discretion.
    Although non-emergency issues not contained in this agenda may come 
before this group for discussion, in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
those issues may not be the subject of formal action during this 
meeting. Actions will be restricted to those issues specifically 
identified in this notice and any issues arising after publication of 
this notice that require emergency action under Section 305(c) of the 
Magnuson-Stevens Act, provided the public has been notified of the 
Council's intent to take final action to address the emergency.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Paul J. Howard, Executive Director, at (978) 465-
0492, at least 5 days prior to the meeting date.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: April 27, 2010.
William D. Chappell,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-10188 Filed 4-30-10; 8:45 am]
BILLING CODE 3510-22-S
No. 1,434.

#### PEIRIE, Respondent, *v.*KELLOGG et al., Appellants.

*Appeal from District*Court, *Silver Boto County.*

On motion to dismiss appeal.

Decided March 12, 1902.

*Mr. Charles*O’Donnell, for Appellants.

*Messrs. McHatton &*Cotter, for Respondent.

Per Curiam.

The motion to dismiss this appeal is hereby sustained, and the appeal is dismissed, for the reason that appellants’ briefs were not filed within the time required by the Rules of this Court.
Fourth Court of Appeals

San Antonio, Texas

September 25, 2018

No. 04-18-00678-CR

Kile Ryan ADAMS,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR1611

Honorable Joey Contreras, Judge Presiding

ORDER

The trial court clerk has forwarded the appellant’s notice of appeal and the trial court’s 

certification of appellant’s right to appeal. See Tex. R. App. P. 25.2(e). The certification does not 

show that the defendant has the right of appeal. We therefore ORDER the trial court clerk to file, 

by October 5, 2018, a clerk’s record containing the following documents:

1. All pre-trial motions and the orders on those motions, if any;

2. all documents relating to the defendant’s plea bargain, including the court’s 

 admonishments, the defendant’s waiver and consent to stipulation of testimony, 

and any other stipulations;

3. the judgment;

4. all post-judgment motions and the orders on those motions, if any;

5. the notice(s) of appeal;

6. the trial court’s certification of defendant’s right of appeal;

7. the criminal docket sheet; and

8. the bill of costs.
After the clerk’s record has been filed, this court will review the certification to 

determine whether it is defective. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) 

(holding court of appeals must review clerk’s record to determine whether the certification is 

defective).

We further ORDER that appellant is hereby notified that if the clerk’s record or a 

supplemental clerk’s record filed with this court does not contain a certification or amended 

certification showing appellant has the right of appeal, and if the trial court’s certification is not 

defective, this appeal will be dismissed within 30 days of this order, unless appellant’s counsel, 

Jaime Aldape, shows cause why this appeal should not be dismissed. See id. R. 25.2(d), (f) 

(requiring “dismiss[al] if a certification that shows the defendant has the right of appeal has not 

been made part of the record” and providing an amended certification may be filed in the 

appellate court under Rule 37.1 or any time before the appellant’s brief is filed).

We further ORDER that all other appellate deadlines are suspended pending further order 

of this court. We also ORDER the clerk of this court to send a copy of this order to the attorneys 

of record, the trial court clerk, and the court reporter(s) responsible for preparing the reporter’s 

record in this appeal.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 25th day of September, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
| 1. | The      Report fully complies with the requirements of section 13(a) 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. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| February 27,      2008 |                                       |                         |
|------------------------|--------------------------------------------|------------------------------|
|                   | FPIC Insurance Group,      Inc.            |
|                   |                                       |                         |
|                   | By:                                        | /s/      John R. Byers       |
|                   | President      and Chief Executive Officer |
|                   |                                       |                         |
|                   | By:                                        | /s/      Charles Divita, III |
|                   | Chief      Financial Officer               |
### THE THIRTEENTH COURT OF APPEALS

13

- 18

- 00498

- CV

David Barrett v. Berry Contracting, L. P., Elite Piping & Civil, Ltd., and Govind Development, LLC
On Appeal from the County Court at Law No. 1 of Nueces County , Texas Trial Cause No. 2016CCV

- 61599

- 1

J UDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be affirmed . The Court orders the judgment of the trial court AFFIRMED . Costs of the appeal are adjudged against appel lant , David Barrett

. We further order this decision certified below for observance. October 3, 2019