alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.13


 


AMENDMENT NO. 1


TO 

AMENDED AND RESTATED EMPLOYMENT
AGREEMENT


 


This Amendment
No. 1 to the Amended and Restated Employment Agreement (this “Amendment”) is effective as of November 16, 2022, by
and between Renters Warehouse, LLC, a Minnesota limited liability company (the “Company”), and Kevin Ortner (“Executive”).
All capitalized terms used in this Amendment and not otherwise defined shall have the meanings assigned to them in the Agreement (as defined
below).


 


RECITALS:


 


The Company and Executive entered
into that certain Amended and Restated Employment Agreement (the “Agreement”), dated effective as of September 15,
2016. The Company and Executive desire to amend the Agreement pursuant to the terms and conditions hereof.


 


NOW, THEREFORE, in consideration
of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Company and Executive, intending to be legally bound, agree as follows:


 


		1.	Amendment to Compensation. Beginning January 1, 2023,
the Company shall pay, and Executive shall be entitled to receive from Company, an Annual Salary of $400,000, less all taxes and withholdings
required by law. Such salary shall be paid in accordance with the standard payroll practices of the Company, which at its sole discretion
may be amended from time to time.



 


		a.	Salary Increase Upon Reaching Incentive Targets: Executive’s Annual
Salary shall increase to $450,000 if and when the Company has achieved, for any consecutive twelve (12) month period, both:



 


		(i)	$75 million Gross Revenue; and



 


		(ii)	$5 million in EBITDA.



 


		b.	In all cases, Executive’s compensation will be reviewed and subject to adjustment,
at least annually, by the Compensation Committee.



 


		2.	No Other Changes; Entire Agreement. Except as amended
hereby, the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment and
the Agreement, the terms of this Amendment shall govern. This Amendment and the Agreement constitute the sole agreement containing the
subject matter hereof.



 


		3.	Miscellaneous. This Amendment shall be construed and
enforced in accordance with the laws of the State of Minnesota. This Amendment shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns. The descriptive headings for the several sections of this Amendment
are inserted for convenience only and not to confine or limit any of the terms or provisions hereof. Electronic signatures (e.g., “.pdf”,
“DocuSign”, etc.) and photocopies shall be deemed originals.



 


[Signature Page Follows]


 




     


     

    

 


IN WITNESS WHEREOF, the undersigned
have executed this Amendment No. 1 effective as of the date set forth above.


 


	THE COMPANY:	 	EXECUTIVE:
	 	 	 
	Renters  Warehouse, LLC
	 	 
	 	 	 
	Signed: 	/s/ Christopher A. Laurence	 	/s/ Kevin Ortner
	By:	Christopher A. Laurence	 	Kevin Ortner
	Its:	CEO
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 20, 2019

NO. 03-18-00649-CV

The State Bar of Texas, Appellant

v.

Robert J. Wilson, Appellee

APPEAL FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES GOODWIN, BAKER, AND SHANNON

REVERSED AND RENDERED -- OPINION BY JUSTICE SHANNON

This is an appeal from the interlocutory order signed by the trial court on September 19, 2018. 

Having reviewed the record and the parties’ arguments, the Court holds that there was reversible 

error in the order. Therefore, the Court reverses the trial court’s interlocutory order and renders 

judgment dismissing appellee’s cause of action for want of jurisdiction. Appellee shall pay all 

costs relating to this appeal, both in this Court and the court below.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , 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.

September 30, 2013

s0923 

# Order

Clerk September 30, 2013

147177

TOWNSHIP OF RICHMOND,

Plaintiff

- Appellee,

v SC: 147177

COA: 307520

Macomb CC: 2011

- 002437

- CZ

RONDIGO, L.L.C.,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 21, 2013

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

persuaded that the questions presented should be reviewed by this Court.

Z AHRA , J., did not participate because he was on the Court of Appeals panel at an

earlier stage o f the proceedings.
Third District Court of Appeal 

State of Florida 

Opinion filed February 20, 2019. 

Not final until disposition of timely filed motion for rehearing. 

________________ 

No. 3D18-1637 

Lower Tribunal No. 08-409K 

________________ 

Peter Obermeyer, 

Appellant, 

vs. 

Bank of New York, etc., 

Appellee. 

 An Appeal from the Circuit Court for Monroe County, James M. Barton, II, 

Senior Judge. 

 Gregg Horowitz (Sarasota), for appellant. 

 DeLuca Law Group, PLLC, and Shawn Taylor (Fort Lauderdale), for 

appellee. 

Before FERNANDEZ, LOGUE, and SCALES, JJ. 

 PER CURIAM. 
 2 

Peter Obermeyer, who successfully obtained the dismissal of the foreclosure 

action filed against him by the Bank of New York, appeals the trial court’s final 

judgment denying attorney’s fees and costs for litigating the amount of attorney’s 

fees. Based on our longstanding precedent, we affirm. N. Dade Church of God, Inc. 

v. JM Statewide, Inc., 851 So. 2d 194, 196 (Fla. 3d DCA 2003) (“It is settled that in 

litigating over attorney’s fees, a litigant may claim fees where entitlement is the 

issue, but may not claim attorney’s fees incurred in litigating the amount of 

attorney’s fees.”). See generally State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 

830, 833 (Fla. 1993) (“fees may be awarded for litigating the issue of entitlement to 

attorney’s fees but not the amount of attorney’s fees”). But see Waverly at Las Olas 

Condo. Ass’n, Inc. v. Waverly Las Olas, LLC, 88 So. 3d 386, 389 (Fla. 4th DCA 

2012) (finding certain contractual language “broad enough to encompass fees 

incurred in litigating the amount of fees”). 

 Affirmed.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 20 22

- 3842

_____________________________
L A P ORSHIA P ATTERSON , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Joshua M. Hawkes , Judge

.

March 26, 2024

P ER C URIAM

.
A FFIRMED

.
K ELSEY , M.K. T HOMAS , and T ANENBAUM , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 LaPorshia Patterson, pro se
, Appellant.

Ashley Moody, Attorney General, and Michael Schaub, Assistant Attorney General, Tallahassee
, for Appellee.
EXHIBIT 32.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

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 Annual Report of E Com Ventures, Inc. (the "Company") of
Form 10-K for the year ended January 28, 2006, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, A. Mark Young, Chief
Financial Officer of the Company, 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) 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.


                                               By: /s/ A. Mark Young
                                                   ------------------------
                                                   A. Mark Young
                                                   Chief Financial Officer
                                                   April 28, 2006
## Detailed Single Year Tables

- Individual Provisions
- Family Members

### **Description of Proposed Provision:						D8: Beginning in 2024, continue benefits for children of disabled, retired, or deceased workers until age 26 if the child is in high school, college or vocational school.**

### Financial Estimates for the OASDI Trust Fund Program

### Summarized Estimates
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

EFRAIN MARTIN THOMAS,

Defendant-Appellant.

No. 16-50065

D.C. No. 3:15-cr-02530-LAB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted January 18, 2017** 

Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges. 

Efrain Martin Thomas appeals from the district court’s judgment and

challenges the 36-month sentence imposed following his guilty-plea conviction for

being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. 

We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

JAN 23 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Thomas contends that the district court erred by refusing to grant the

government’s motion for a four-level fast-track departure under U.S.S.G. § 5K3.1,

and instead granting only a one-level departure. “In analyzing challenges to a

court’s upward and downward departures . . . under Section 5K, we do not evaluate

them for procedural correctness, but rather, as part of a sentence’s substantive

reasonableness.” United States v. Ellis, 641 F.3d 411, 421 (9th Cir. 2011). The

36-month sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)

factors and the totality of the circumstances, including Thomas’s criminal and

immigration history. See Gall v. United States, 552 U.S. 38, 51 (2007). Further,

contrary to Thomas’s argument, the record reflects that the district court properly

based its denial of the full fast-track departure on individualized factors and not on

a blanket policy of denying fast-track departures. See United States v. RosalesGonzales, 801 F.3d 1177, 1183-84 (9th Cir. 2015).

Thomas next contends that the district court erred in failing to rule on his

motion for a downward departure under U.S.S.G. § 4A1.3(b). We review for plain

error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.

2010), and conclude there was none. The record reflects that the district court

considered Thomas’s motion and determined that circumstances did not warrant a

downward departure. Contrary to Thomas’ contentions, the district court did not

2 16-50065
violate Federal Rule of Criminal Procedure 32 because Thomas did not raise any

factual challenges to the presentence report that the district court had to resolve. 

See United States v. Grajeda, 581 F.3d 1186, 1189 (9th Cir. 2009).

AFFIRMED.

3 16-50065
**Exhibit 99.1**

**Certification Pursuant to ss. 906 of the****Sarbanes-Oxley Act of 2002 (18U.S.C. ss. 1350)**

         The undersigned, as the Chief Executive Officer of CNB Holdings, Inc., certifies that the Quarterly Report on Form 10-QSB for the periodended September 30, 2002, which accompanies this certification fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all materialrespects, the financial condition and results of operations of CNB Holdings, Inc. at the dates and for the periods indicated. The forgoing certification is made pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350) and shall notbe relied upon for any other purpose.

         Dated this 13th day of November, 2002.

|  |   |   |                                                                                                                 |
|--|--------|--------|----------------------------------------------------------------------------------------------------------------------|
|  |   |   | /s/ H. N. PADGET, JR.                                                                                                |
|  |        |        |    **H N. Padget, Jr., President and Chief Executive Officer****(Principal Executive Officer)**  |
<PAGE>

                                                                    Exhibit 32.2

                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
           AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, Greg Petersen, as Senior Vice President, Finance and Administration of
Cooperative Computing, Inc. (the "Company") certify, pursuant to 18 U.S.C.
Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that
to my knowledge:

     (1) the accompanying Form 10-Q report for the period ending June 30, 2003
as filed with the U.S. Securities and Exchange Commission (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) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated:  August 14, 2003

                                           /s/ GREG PETERSEN
                                           ----------------------
                                           Greg Petersen
                                           Senior Vice President,
                                           Finance and Administration
EXHIBIT 32.1



Certification Pursuant to 18 U.S.C. § 1350



The certification set forth below is being submitted in connection with this annual report on Form 10-K (the
report) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.



Louis R. Tomasetta, the Chief Executive Officer and Eugene F. Hovanec, the
Chief Financial Officer of Vitesse Semiconductor Corporation, each certifies that, to the best of his knowledge:



1. the report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and



2. the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of Vitesse Semiconductor Corporation.



|Date: | December 16, 2003
|----- | -----------------



|/s/    LOUIS R.
TOMASETTA                                                                                         
|------------------------------------------------------------------------------------------------------------------
|President and Chief Executive Officer (Principal Executive Officer)                                               
|                                                                                                                  
|/s/    EUGENE F.
HOVANEC                                                                                          
|Vice President, Finance and Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer)
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 1451** 

WANDA RENAE SCOTT , Plaintiff

– Appellant ,
v. STATE OF SOUTH CAROLINA , Defendant

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Anderson
. Mary G. Lewis , District Judge. ( 8:14

- cv - 01944

- MGL

- K F M )

Submitted : August 20, 2015 Decided: August 27, 2015

Before WILKINSON, KING, and DIAZ , Circuit Judges.

Dismissed by un published per curiam opinion
.
Wanda Renae Scott, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Wanda Scott seeks to appeal the district court’s order granting her leave to amend her complaint . This court may exercise jurisdiction only over fin al orders, 28 U.S.C. § 1291 (20 12 ), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (20 12 ); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 , 545

- 46 (1949). The order Scott seeks to appeal is neither a final ord er nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction . We deny Scott’s motion to

recuse . We dispense with oral argument because the facts and legal contentions are adequately prese nted in the materials before this court and argument would not aid the decisional
process. DISMISSED
EX-10.1




 Exhibit 10.1 

RELEASE 
  

	TO:	 DIRTT ENVIRONMENTAL SOLUTIONS LTD. (the “Corporation”) 



IN CONSIDERATION for the issuance by the Corporation of 638,996 common shares in the capital of the Corporation as payment in full of the
US$204,479 debt outstanding to 726 BC LLC and 726 BF LLC (together, “726”) for legal fees and other expenses incurred by 726 in connection with the contested director election at the annual and special meeting of shareholders of the
Corporation held on April 26, 2022 (the “Contested Director Election”), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the undersigned, on behalf of itself and
its successors and assigns (collectively referred to as, the “Releasor”), does hereby remise, release and forever discharge the Corporation and its present and future directors, officers, employees and agents of and from all
actions, causes of action, suits, debts, dues, controversies, accounts, bonds, bills, covenants, contracts, agreements, judgments, claims, costs, obligations, charges, security interests and demands whatsoever, in law or in equity, which the
Releasor now has, ever had or hereafter can, shall or may have against the Corporation for or by reason of or in any way arising out of the Contested Director Election. 

In executing this Release, the Releasor acknowledges that the Releasor has relied on the Releasor’s own judgment, belief and knowledge
and that of the Releasor’s counsel and has in no way relied on or been induced by any representation, statement, act or omission to act by the Corporation. The Releasor shall not at any time attempt to rescind, reform or in any way modify or
challenge the validity of this Release or any part hereof. 
 This Release shall be governed by the laws of the Province of Alberta. 

IN WITNESS WHEREOF the undersigned has executed this Release this 30th day of November,
2022. 
  

			
	726 BC LLC
		
	Per:	 	/s/ Shaun Noll
	 	 	Name: Shaun Noll
	 	 	Title: President and CIO
	
	726 BF LLC
		
	Per:	 	/s/ Shaun Noll
	 	 	Name: Shaun Noll
	 	 	Title: President and CIO
This section of the FEDERAL REGISTER

contains notices of meetings published under

the ‘‘Government in the Sunshine Act’’ (Pub.

L. 94-409) 5 U.S.C. 552b(e)(3).

Sunshine Act Meetings Federal Register

67162

Vol. 60, No. 249

Thursday, December 28, 1995

NOTIFICATION OF ITEMS ADDED TO AGENDA

RAILROAD RETIREMENT BOARD

At the Board’s meeting on December

20, 1995, the Board voted unanimously

to add three items to the agenda:

1. Furlough;

2. Congressional Correspondence; and

3. Truth in Budgeting.

In so voting, the Board determined

that agency business required these

changes and that advance notice was

not possible.

Date: December 21, 1995.

Beatrice Ezerski,

Secretary of the Board.

[FR Doc. 95–31467 Filed 12–26–95; 9:56 am]

BILLING CODE 7905–01–M
### Proposed Provision: F8. For active S-corporation officers and limited partners, apply a 16.2 percent tax on investment income as defined in the ACA, with unindexed thresholds as in the ACA ($200,000 single filer, $250,000 for married filing joint), starting in 2024. Proceeds go to the OASDI Trust Funds for tax attributable to 12.4 percent of the total 16.2 percent tax rate.
**Exhibit 32.1**

**CertificationPursuant To Section 906 Of The Sarbanes-Oxley Act Of 2002(Chapter 63, Title 18U.S.C. Section  1350(A) And (B))**

Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63, Title 18U.S.C. Section 1350(a) and (b)), the undersigned hereby certifies inhis capacity as an officer of Metaldyne Corporation (the “Company”) that theQuarterly Report of the Company on Form 10-Q for the period ended October 2,2005 fully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934, as amended, and that the information contained in suchreport fairly presents, in all material respects, the financial condition andresults of operations of the Company at the end of and for the periods coveredby such Report.

| Date: November 16, 2005 | /s/ TIMOTHY D. LEULIETTE                           |
|------------------------------|----------------------------------------------------|
|                         | Timothy D.  Leuliette                              |
|                         | *Chairman,  President and Chief Executive Officer* |

 

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