alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 10.38

                                               DuPont
                                               1007 Market Street
                                               Wilmington, DE 19898
[LOGO]
                                               Executive Vice President - DuPont
                                               Chairman - DuPont Europe

                                 March 30, 1999

Mr. Jeff Arnold
WebMD, Inc.
400 The Lenox Building
3399 Peachtree Road NE,
Atlanta, Georgia 30326

Dear Jeff,

                  COLLABORATION AGREEMENT; WARRANT AGREEMENT;
                              INVESTMENT AGREEMENT

     Further to the above agreements which we have executed on the date of this
letter, we set out below our further agreement on two issues not expressly dealt
with in the above documents.

     WebMD will provide appropriate DuPont personnel with access to information
relating to WebMD's business, including but not limited to the following:
documents of incorporation and related corporate records; litigation to which
WebMD is a party; copies of all relevant agreements between WebMD and third
parties, to the extent that WebMD is permitted to disclose them by the terms
thereof; and, WebMD's S1 filing, amendments thereto and the comments of the SEC.

     Notwithstanding the provisions of Section 8.1 of the Collaboration
Agreement, DuPont confirms that WebMD may disclose the Collaboration Agreement,
or details of the terms thereof, to third parties during the course of due
diligence or negotiation of a relationship related to WebMD's internet service,
provided that any copies of the Collaboration Agreement, or details of the terms
thereof, so disclosed are redacted or edited in order to prevent disclosure of
DuPont as a party thereto. After the signature of a letter of intent or similar
document with any such third party, WebMD may disclose un-redacted or unedited
copies of the Collaboration Agreement, or details of the terms thereof, provided
that any such third party is bound by obligations of confidentiality to WebMD.

     Kindly indicate your acceptance of the above by countersigning the enclosed
copy of this letter.

                                                   Sincerely,


                                                 /s/
                                                   Kurt M. Landgraf
                                               Executive Vice President

Countersigned:


/s/
Jeff Arnold
CEO WebMD, Inc.
102d Congress, 2d Session House Document 102-399

VETO OF H.R. 5517

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

H IS VETO OF H.R. 5517, A BILL PROVIDING APPROPRIATIONS FOR

FISCAL YEAR 1993 FOR THE DISTRICT OF COLUMBIA

S eptem ber 30, 1992.—Message and accompanying papers referred to the

Committee on Appropriations and ordered to be printed

59-011

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1992
To the House of Representatives: I am returning herewith without my approval H.R. 5517, a bill providing appropriations for fiscal year 1993 for the District of Co­ lumbia. Although I do not object to the funding provided by the bill, its language concerning the use of funds for abortion is unacceptable. I have stated my intention to veto any bill that does not contain language that prohibits the use of all congressionally appropriated funds to pay for abortions except when the life of the mother would be endangered if the fetus were carried to term. The limitation I propose is identical to the one included in the District of Columbia Appropriations Acts for FY 1989, FY 1990, FY 1991, and FY 1992. H.R. 5517 would place such a limitation on the use of Federal funds to pay for abortion. However, the bill would permit congres­ sionally appropriated local funds to be used for abortions on demand. As a matter of law, the use of local funds in the District of Columbia must be approved by the Congress and the President through enactment of an appropriations act. Under these cricum- stances, the failure of H.R. 5517 to prohibit the use of all funds ap­ propriated by the bill to pay for abortions, except in the limited cir­ cumstances mentioned above, is unacceptable. From the outset of my Administraiton, I have repeatedly stated my deep personal concern about the tragedy in America of abor­ tion on demand. As a Nation, we must protect the unborn. H.R. 5517 does not provide such protection. I am therefore returning H.R. 5517 without my approval.

George Bush.

The White House, September SO, 1992.

(1)
Exhibit No. 10.20

                               FOURTH AMENDMENT TO
                              EMPLOYMENT AGREEMENT

      WHEREAS,  Ernest J. Sewell ("Sewell"),  FNB Financial Services Corporation
("FNB"),  and FNB  Southeast  ("Bank") are parties to the  Employment  Agreement
among them,  dated May 18, 1995 and  amended on May 16,  2002,  as of January 1,
2004, and on May 19, 2004; and

      WHEREAS,  Sewell,  FNB and the Bank desire to further amend the Employment
Agreement.

      NOW, THEREFORE, it is agreed as follows:

      Section 1. Special  Bonus  Payments.  Section 3 of the Third  Amendment to
Employment  Agreement  and  First  Amendments  to  Split-Dollar  Agreements  And
Collateral  Assignments  provides  that  "Annual  Special  Bonuses"  (as defined
therein)  shall  be  paid to  Sewell  in  specific  circumstances.  The  parties
acknowledge  and agree that Sewell will  retire from  employment  by FNB and the
Bank as of January 31, 2006 and will  thereafter  not be an employee or entitled
to compensation as an employee of FNB or the Bank. They further  acknowledge and
agree that notwithstanding Sewell's retirement,  the Bank shall remain obligated
to pay Sewell  the  amounts  denominated  as "Annual  Special  Bonuses"  in such
Section  3  when,  as and in the  amounts  calculated  in  accordance  with  the
provisions therein, in fulfillment of the Bank's obligations to Sewell under the
Employment Agreement, as amended.

      Section 2. Continuing Effect.  Except as specifically  amended herein, the
terms and conditions of the Employment Agreement,  as previously amended, should
remain in full force and effect.

      This Fourth  Amendment To Employment  Agreement is effective as of October
31, 2005.


                                           /s/ ERNEST J. SEWELL
                                           -------------------------------------
                                           Ernest J. Sewell


                                           FNB Financial Services Corporation

                                           By: /s/ BARRY Z. DODSON
                                               ---------------------------------
                                                Barry Z. Dodson
                                                Chairman of the Board


                                           FNB Southeast

                                           By: /s/ BARRY Z. DODSON
                                               ---------------------------------
                                                Barry Z. Dodson
                                                Chairman of the Board
II

106TH CONGRESS

2D SESSION S. 2386

To extend the Stamp out Breast Cancer Act.

IN THE SENATE OF THE UNITED STATES

APRIL 11, 2000

Mrs. FEINSTEIN (for herself, Mrs. HUTCHISON, Mr. BAUCUS, Mr. MURKOWSKI, Mr. CLELAND, Mr. DURBIN, Ms. LANDRIEU, Mr. SMITH of Oregon, Mr. LAUTENBERG, Mr. JOHNSON, Mr. KENNEDY, Mr. EDWARDS,

Mr. CAMPBELL, Mr. ABRAHAM, Mr. KERRY, Mr. FEINGOLD, Mr.

SANTORUM, Mr. LEAHY, Mr. INHOFE, Mr. WELLSTONE, Mr. BINGAMAN,

Mr. MOYNIHAN, Mr. HATCH, Ms. SNOWE, Mr. HAGEL, Mr. BIDEN, Mr.

MACK, Mr. GRASSLEY, Mr. ASHCROFT, Mr. BRYAN, Mrs. MURRAY, Mrs.

BOXER, Ms. MIKULSKI, Mr. REID, Mr. BREAUX, Mr. DODD, Mr.

LIEBERMAN, Mr. KERREY, Mr. DASCHLE, Mr. JEFFORDS, and Mr.

ROTH) introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To extend the Stamp out Breast Cancer Act.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Breast Cancer Re5 search Stamp Reauthorization Act of 2000’’.
2

•S 2386 IS

1 SEC. 2. BREAST CANCER STAMP EXTENSION.

2 Section 414(g) of title 39, United States Code, is

3 amended by striking ‘‘2-year’’ and inserting ‘‘4-year’’.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-1745

FRANCIS EDWIN FROELICH, an individual, 

 Plaintiff – Appellant, 

 v. 

THE LEWIS LAW FIRM, PC; GLENN C. LEWIS, 

 Defendants – Appellees, 

 and 

$150,000 CASH BOND, in the Registry of the Circuit Court for 

the County of Fairfax, Virginia, 

 Defendant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. Claude M. Hilton, Senior 

District Judge. (1:07-cv-01230-CMH-BRP) 

Submitted: January 30, 2009 Decided: June 12, 2009 

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

E. Duncan Getchell, Jr., Erin M. Sine, MCGUIREWOODS, LLP, 

Richmond, Virginia; Theodore S. Allison, KARR & ALLISON PC, 

Washington, D.C., for Appellant. Mark H. Tuohey, III, David E. 
Hawkins, J. Randall Warden, VINSON & ELKINS LLP, Washington, 

D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit. 

2 
3 

PER CURIAM: 

 Francis Edwin Froelich appeals from the district 

court’s order dismissing his amended complaint against The Lewis 

Law Firm and Glenn C. Lewis, finding that the claims asserted in 

the complaint were barred by an earlier state court decision 

addressing the same claims. We have reviewed the record and 

the briefs filed by the parties and find no reversible error. 

Andrews v. Daw, 201 F.3d 521, 524 (4th Cir. 2000) (providing 

standard of review). Accordingly, we affirm for the reasons 

stated by the district court. Froelich v. The Lewis Law Firm, 

PC, No. 1:07-cv-01230-CMH-BRP (E.D. Va. filed June 3, 2008; 

entered June 5, 2008). We dispense with oral argument because 

the facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

AFFIRMED
**Exhibit 31.1****CERTIFICATIONS PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Kevin M. Cameron, certify that:     1. I have reviewed this annual report on Form 10-K of Emdeon Corporation; and     2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or 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. *[Intentionally omitted]**     4. *[Intentionally omitted]**     5. *[Intentionally omitted]**Date: May 1, 2006                                                                   /s/ Kevin M. Cameron   Kevin M. Cameron   *Chief Executive Officer*(Principal executive officer)    * *Paragraphs 3 through 5, omitted here, are included in Exhibit 31.1 to the Annual Report onForm 10-K filed by Emdeon Corporation on March 16, 2006.*
**Exhibit 32.2**

 

CERTIFICATIONPURSUANT TO

18 U.S.C. Section 1350

AS ADOPTEDPURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of XETA Technologies, Inc. (the “Company”) on Form 10-Qfor the fiscal quarter ended April 30, 2009, as filed with the Securitiesand Exchange Commission (the “Report”), I, Robert B. Wagner, Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|   | /s/ Robert B. Wagner    |
|--------|-------------------------|
|   | Robert B. Wagner        |
|   | Chief Financial Officer |
|   | May 29, 2009       |

 

----
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED SEPTEMBER 11, 2014

NO. 03-14-00023-CV

In the Matter of S. A. M.

APPEAL FROM COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON, AND FIELD

AFFIRMED -- OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment signed by the trial court on November 8, 2013. Having 

reviewed the record and the parties’ arguments, the Court holds that there was no reversible error 

in the trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. Because 

appellant is indigent and unable to pay costs, no adjudication of costs is made.
v150341_10-38 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing


     

    Exhibit
10.38
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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1894-DR; Docket ID FEMA-2010-0002]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Rhode Island (FEMA-1894-DR), dated March 29, 2010, and related determinations.

# DATES:

*Effective Date:*                         May 5, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Recovery Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Craig A. Gilbert, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Gracia B. Szczech as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-11485 Filed 5-12-10; 8:45 am]

BILLING CODE 9111-23-P
Order entered July 14, 2016

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-00246-CV

DAVID B. MCKINNON, ET AL., Appellants

V.

BILL GURLEY, ET AL., Appellees

On Appeal from the 134th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-15-13561

ORDER

The Court has been notified that the United States Bankruptcy Court for the Eastern 

District of Texas reopened cross-appellant Donald Cardwell’s Chapter 7 Bankruptcy case. 

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed. See TEX. R.

APP. P. 8.2.

Accordingly, for administrative purposes, this cause is ABATED and will be treated as a 

closed case. It may be reinstated on prompt motion by any party showing that the stay has been 

lifted and specifying what further action, if any, is required from this Court. See TEX. R. APP. P.

8.3.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
# United States Court of Appeals

For the First Circuit

No. 15-1498

LOUIS PAOLINO; MARIE ISSA

Plaintiffs, Appellants,

v.

JF REALTY, LLC; JOSEPH I. FERREIRA; ROBERT YABROUDY;

LKQ ROUTE 16 USED AUTO PARTS, INC., d/b/a Advanced Auto Recycling; JOSEPH I. FERREIRA, Trustee of the Joseph I. Ferreira Trust,

Defendants, Appellees.

**ERRATA SHEET**

The opinion of this Court issued on July 18, 2016 is amended

as follows:

On page 5, line 10, insert "(specifically, excessive turbidity)" between "pollutants" and "were being discharged".

On page 12, line 4, insert "within the meaning of the CWA" after "pollutants".

On page 12, delete footnote 4.

On page 15, line 19, insert a comma after "the Property".

On page 15, line 20, delete "and" and insert "RIDEM's" before "responsiveness".

On page 15, line 21, after "concerns," insert "and the resolution of the turbidity issue, see supra page 5,".

On page 18, delete footnote 6.
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[GRAPHIC OMITTED] Electronic Sensor Technology    1077 Business Center Circle
                                                  Newbury Park, California 91320
                                                  Tel. (805) 480-1994
                                                  FAX (805) 480-1984

May 29, 2009

Montgomery 2006-1 Partnership
c/o Montgomery & Co., LLC
100 Wilshire Boulevard, Suite 400
Santa Monica, California 90401
Attention: Kevin Higgins

Re: Termination of Warrant Issued by Electronic Sensor Technology, Inc. (the
    "Company")

Dear Mr. Higgins:

     We refer to the Warrant dated as of December 7, 2005 issued by the Company
to Montgomery 2006-1 Partnership ("Montgomery") entitling Montgomery to purchase
from the Company up to 485,213 shares of common stock of the Company (the
"Montgomery Warrant").

     Each of the Company and Montgomery hereby agrees that effective as of the
date hereof, the Montgomery Warrant is hereby terminated and of no further force
and effect and neither of the parties hereto shall have any further rights,
benefits or obligations thereunder. In consideration for the termination of the
Montgomery Warrant, the Company hereby agrees to pay to Montgomery a total
amount of $2,500.

     Kindly indicate your agreement to the foregoing by executing this letter in
the space provided below.

                                              Sincerely,

                                              ELECTRONIC SENSOR TECHNOLOGY, INC.


                                              By:  /s/ Philip Yee
                                                  ------------------------------
                                              Name:  Philip Yee
                                              Title: Chief Financial Officer
<PAGE>
Acknowledged, accepted and agreed:

MONTGOMERY 2006-1 PARTNERSHIP


By: /s/ James W. Montgomery
   -------------------------------
Name:  James W. Montgomery
Title: CEO
<PAGE>

                                                                 EXHIBIT 23.1


                 CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement 
(Form S-8 No. 333-4030) pertaining to the Heartport, Inc. 1996 Stock Option 
Plan and Employee Stock Purchase Plan, of our report dated January 24, 1997, 
with respect to the consolidated financial statements and schedule of 
Heartport, Inc. included in this Annual Report (Form 10-K) for the year ended 
December 31, 1996.


San Jose, California
March 26, 1997
### i

January 16, 1989

. Ron. Oharlsr**T*** Banister

t!rlmk~lDlatrlotAttorney wavuro county Oormloana,Texan Dear 8lrr oplnlonRo. o-545 Be: ArtiQle 1055, c. c. P. Your request for an Oplnlon upon the quOOtloar Whether oounty auditor he8 right to wlthhold mbdemeanor fees in oaaa6 whera dsfendantapay their iiws by serving tlm in jail and .:,hen may ha atop paymentof auuh feerV **ha8 bean**  reoelradby this Department.

You are respeotfully advised that oonstabXe8,aherlf?8, oounty attorneysand ultnerraes are not sntltledto reor3va on.-halfof thelr~ fee8 from the oounty where dafondants pay their fin.8 by serving **tim** in Jail. Thlr departmnt on January 11, 19939, **ruled** that **the** amadmont to Artiole 1055 of the Godo of OrlmlnalProoodtm of Tmaa, amendmentbelnb: 8. B. Boo.

7lc7 o? the RegularRemion of the 48th Legislature of !&ma8 was void, being in oontrarentlon of 8eotion 58, of Art1016 8 of the Constitution of Wsa8. A oogy of.thf8 oglaion ia horewlth snoloHd whloh la mlf-oxplanatory and to whloh refaremoe 1s ham made ror all purposes. vwytnl1y Your8