alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10-1.htm






  





  











  








Exhibit 10.1







AMENDMENT TO







EMPLOYMENT AGREEMENT







THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), effective as of June 30, 2011, is entered into as of July 5, 2011, by and between NOVADEL PHARMA INC., a Delaware corporation with principal executive offices at 1200 Route 22 East, Suite 2000, Bridgewater, New Jersey 08807 (the “Company”), and DAVID H. BERGSTROM, PH.D., residing at the address on the signature page attached hereto (the “Executive”). The Company and the Executive each may be referred to herein individually as a “Party”, or collectively as the “Parties”.







WHEREAS, the Parties entered into that certain Employment Agreement dated December 4, 2006 (the “Agreement”) pursuant to which the Company employed the Executive as Chief Operating Officer of the Company and the Executive agreed to serve in that capacity;







WHEREAS, the Agreement provided for certain terms and conditions for which the Parties agreed upon;







WHEREAS, the Agreement expired pursuant to its terms on December 4, 2009;







WHEREAS, the Company previously extended the expiration date of the Agreement to December 31, 2010 and thereafter to June 30, 2011; and







WHEREAS, the Parties desire to further extend to term of the Agreement to June 30, 2012.







NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises and covenants of the Parties, the Parties hereto, do hereby agree as follows:








	
1.  

	 	
Term. Section 2 of the Agreement shall be amended and restated in its entirety to provide as follows:












                  “2.     Term.  The employment of the Executive by the Company as provided in Section 1 shall be for a period of one (1) year commencing on June 30, 2011 (the “Effective Date”), unless sooner terminated in accordance with the provisions of Section 8 below                (the “Term”).”








	
2.  

	 	
 Confirmation of Agreement.   Except as otherwise amended or modified hereby, all terms of the Agreement shall remain in full force and effect.













	
   3.  

	 	
Capitalized Terms. Capitalized terms used but not defined in the Amendment shall have the meanings ascribed to them in the Agreement.











  





  











  








 



	
4.  

	 	
Counterparts.  This Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which taken together shall constitute one and the same instrument.











  





  











  








IN WITNESS WHEROF, the parties hereto have executed this Amendment as of the date first above written.


















	
NOVADEL PHARMA INC.

	  	
DAVID H. BERGSTROM, PH.D.


	  	  	  
	
By:

	
/s/ Steven B. Ratoff

	  	
By:

	
/s/ David H. Bergstrom, Ph.D.


	  	  	  	  	  
	
Name:

	
Steven B. Ratoff

	  	
Name:

	
David H. Bergstrom, Ph.D.


	  	  	  	  	  
	
Title:

	
President and CEO

	  	
Title:

	
Chief Operating Officer


	  	  	  	  	  
	  	  	  	
Address:
Exhibit 32.2

CERTIFICATION

Pursuant to the requirement set forth
in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350, as adopted), Paul B. Bowman, Chief
Financial Officer of Cymer, Inc., a Nevada corporation (the Registrant), hereby certifies that, to the best of his knowledge:



| | 1. | The Registrants annual report on Form 10-K for the period ended December 31, 2009, to which this certification is attached as Exhibit 32.2 (the
Report), fully complies with the requirements of Section 13(a) 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 the Registrant.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------

In Witness Whereof, the undersigned has set her hand hereto as of the 26th day of February, 2010.



|                       
|-----------------------
|/s/    PAUL B.
BOWMAN  
|Paul B. Bowman,        
|Chief Financial Officer

This certification accompanies the annual report on Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any
filing of Cymer, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the annual report on Form 10-K to which it relates), irrespective of any
general incorporation language contained in such filing.
Order filed March 18, 2015 

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00228-CV

____________

S.C. MAXWELL FAMILY PARTNERSHIP, LTD, Appellant

V.

THOMAS KENT AND NANCY KENT, Appellees

On Appeal from the 335th District Court

Washington County, Texas

Trial Court Cause No. 35517

ORDER

This is an appeal from a judgment signed March 5, 2015. A related case was previously 

filed in the Court of Appeals for the First District of Texas under cause number 01-14-00451-

CV.

It is ORDERED that the appeal docketed under this court’s appellate cause number 14-

15-00228-CV is transferred to the Court of Appeals for the First District of Texas pursuant to 

Local Rule 1.5 14th Tex. App. (Houston) Loc. R. 1.5. The Clerk of this Court is directed to 

transfer all papers filed in this case, and certify all Orders made, to the Court of Appeals for the 

First District of Texas.

PER CURIAM
[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Pages 18857-18858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9118]



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


DEPARTMENT OF JUSTICE

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Modular Tanker Consortium Joint Venture

    Notice is hereby given that on February 6, 1995, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301, et seq. (``the Act''), the participants in the 
Modular Tanker Consortium Joint Venture (the ``Consortium'') have filed 
written notifications simultaneously with the Attorney General and with 
the Federal Trade Commission disclosing (1) the identities of the 
parties to the Consortium and (2) the nature and 

[[Page 18858]]
objectives of the venture. The notifications were filed for the purpose 
of invoking the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. Pursuant to 
section 6(b) of the Act, the identities of the parties and the general 
area of planned activity are: ABB Industry Oy, Helsinki, FINLAND; 
Bethlehem Steel Corporation, BethShip Sparrows Point Yard, MD; Bird-
Johnson Company, Walpole, MA; Kvaerner Masa Marine, Annapolis, MD; 
McDermott, Inc., St. Rose, LA; Seaworthy Systems, Essex, CT; and 
Wartsila Diesel, Annapolis, MD.
    The nature of the research program performed in accordance with 
this Consortium is to engage in a collaborative research effort of 
limited duration to gain further knowledge and understanding of the 
technologies, market strategies, and financing options for the 
construction of an internationally competitive high-technology tanker 
vessel.
    Information about participating in this Consortium may be obtained 
by contacting Daniel W. Kabel, Wartsila Diesel, Annapolis, MD.
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 95-9118 Filed 4-12-95; 8:45 am]
BILLING CODE 4410-01-M
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 ivoice Technology, Inc. ("the
Company") on Form 10-QSB for the period ended September 30, 2005, as filed with
the Securities and Exchange Commission on the date hereof ("the Report"), I,
Mark Meller, President, Chief Executive Officer and Principal 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, to the best of my knowledge
and belief, 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.


Date: November 10, 2005

                                           By /s/ Mark Meller
                                              --------------------------
                                              Mark Meller
                                              President, Chief Executive Officer
                                              and Principal Financial Officer
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4734

Arrowhead Electrical Products, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Exhibit 11.1


                           Liberty Technologies, Inc.
                         Earnings Per Share Calculation

<TABLE>
<CAPTION>
                                                               Years Ended December 31,
                                                       -----------------------------------------

                                                           1996          1995           1994
                                                       -----------    -----------    -----------
<S>                                                    <C>            <C>            <C>         
Income (loss) before accounting change                 ($2,572,000)   ($2,642,000)   ($  104,000)
                                                       -----------    -----------    -----------

Net income (loss)                                      ($2,572,000)   ($2,642,000)   ($  104,000)
                                                       ===========    ===========    ===========



Weighted average shares outstanding                      4,969,888      4,943,192      4,859,381
Dilutive effect of outstanding options and warrants,
       net of tax benefit                                     --             --             --
                                                       -----------    -----------    -----------

Shares used in computing earnings per share              4,969,888      4,943,192      4,859,381
                                                       ===========    ===========    ===========


Loss per share (primary and fully diluted)

Loss per share (primary and fully diluted)             ($     0.52)   ($     0.53)   ($     0.02)
                                                       ===========    ===========    ===========
</TABLE>
[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Notices]
[Page 18597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8929]



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

DEPARTMENT OF ENERGY
[Docket Nos. TA94-1-23-005 and TA95-1-23-001]


Eastern Shore Natural Gas Co.; Conference To Discuss Settlement

April 6, 1995.
    Pursuant to the Commission's notice issued on March 13, 1995, an 
informal conference will be held to explore the possibility of 
settlement of the issue raised in the above-captioned proceeding. All 
parties should come prepared to discuss settlement, and the parties 
should be represented by principals who have the authority to commit to 
a settlement.
    The conference will be held on Tuesday, April 25, 1995 at 9:00 A.M. 
in a room to be designated at the offices of the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 
20426.
    All interested persons and Staff are permitted to attend.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 95-8929 Filed 4-11-95; 8:45 am]
BILLING CODE 6717-01-M
#### City of New York, Respondent, v Chase Manhattan Bank, N. A., Appellant and Third-Party Plaintiff-Respondent-Appellant. Citibank, N. A., Third-Party Defendant-Appellant-Respondent.

Judgment, Supreme Court, New York County (Eugene Nardelli, J.), entered July 26, 1988, finding in favor of the plaintiff against the defendant, unanimously affirmed, without costs. Judgment of the same court, entered August 5, 1988, awarding judgment over against third-party defendant Citibank, N. A., unanimously affirmed, without costs.

The plaintiff City of New York issued a check, drawn on Chase Manhattan Bank, which was stolen after mailing and which was deposited with a forged indorsement in an account at Citibank, the third-party defendant. The city became aware *178of the theft and notified the payor bank, defendant Chase, to stop payment, but the check had already been paid.

Plaintiff commenced this action against Chase, which in turn brought a third-party action against Citibank for breach of its presentment warranty under UCC 4-207 (1) (a). On the arguments presented, we affirm the grant of summary judgment to the city in the main action, and to Chase as third-party plaintiff. We find no issues of fact as to proper mailing of the check to the named payee. While we are concerned that the proceeds of the check might have been frozen in the Citibank account, and the loss avoided, had the plaintiff acted promptly to notify defendant Chase of the theft, we find that no claim in defense is properly presented by third-party defendant Citibank under UCC 4-406 (5), and that Citibank was liable on the breach of its warranty. Nor are we persuaded that any common-law remedy of estoppel lies. *(See, Prudential-Bache Sec. v Citibank,*73 NY2d 263 [1989].) Concur —Kupferman, J. P., Ross, Kassal, Smith and Rubin, JJ.
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



I, Rick Wilson, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the  Sarbanes-Oxley  Act of 2002, that the Quarterly Report on
Form 10-Q of Blacksands Petroleum,  Inc., for the fiscal quarter ended April 30,
2009 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
Quarterly  Report on Form 10-Q fairly  presents  in all  material  respects  the
financial   condition  and  results  of  operations  of  Blacksands   Petroleum,
Inc.





|Date:  June 15, 2009 |                                          | By:/s/ Rick Wilson
|-------------------- | ---------------------------------------- | ------------------
|                     | Rick Wilson, Principal Financial Officer
### C OURT OF 

### A PPEALS FOR THE



### F IRST 

### D ISTRICT OF 

### T EXAS AT 

### H OUSTON



## O RDER ON 

## M OTION

November 7, 2008 Revision Cause number: 01

- 11

- 00552

- CV

Style: Maxine Adams and Cecil Adams v. Rebecca Ross

Date motion filed * : 1/ 31/13

Type of motion: Joint Motion for Use of Original Exhibit 79

Party filing motion: Appellants

Document to be filed: Original Exhibit

Is app eal accelerated? No

If motion to extend time:

Original due date :

Number of previous extensions granted: 0 Current Due date:

Date Requested :

The Court directs the Harris County District Clerk, or the court reporter if the exhibit is still in his or her possession, to send

to the Clerk of this Court the original of Plaintiffs’ Exhibit 79, identified as a Voice Mail Recorder. See T EX

. R. A PP

. P. 34.6(g)(2).

The Clerk of this Court is directed to cooperate with the Harris County District Clerk or the court reporter to provide for the

safekeeping, transportation, and return of such exhibits. See id.

The original exhibit is due in this Court within 20 days of the date of this order.

Judge's s ignature: /s/ Harvey Brown

 Acting individually  Acting for the Court

Panel consists of

___________________________________

Date: February 12, 2013
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 17, 2019

RE: Product Exclusion Request Number USTR-2018-0025-5158

Bergstrom, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Gr

anted_September.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19359-19360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9481]



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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 91-240; RM-7770 and RM-7848]


Radio Broadcasting Services; Peshtigo and Valders, WI

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document substitutes Channel 242C2 for Channel 241A at 
Peshtigo, Wisconsin, and modifies the construction permit for Station 
WJMR, in response to a petition filed by Good Neighbor Broadcasting, 
Inc. See 56 FR 41813, August 23, 1991. The coordinates for Channel 
242C2 at Peshtigo are 45-07-19 and 87-51-07. Canadian concurrence has 
been received for this allotment. The counterproposal filed by Rural 
Radio Company requesting the allotment of Channel 242A to Valders, 
Wisconsin, has been dismissed. With this action, this proceeding is 
terminated.

EFFECTIVE DATE: May 25, 1995. [[Page 19360]] 
FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MM Docket No. 91-240, adopted March 30, 1995, and released 
April 10, 1995. The full text of this Commission decision is available 
for inspection and copying during normal business hours in the 
Commission's Reference Center (Room 239), 1919 M Street, NW, 
Washington, D.C. The complete text of this decision may also be 
purchased from the Commission's copy contractors, International 
Transcription Services, Inc., 2100 M Street, NW, Suite 140, Washington, 
D.C. 20037, (202) 857-3800.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

    Part 73 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 73--[AMENDED]

    1. The authority citation for Part 73 continues to read as follows:

    Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, 
as amended.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Wisconsin, 
is amended by removing Channel 241A and adding Channel 242C2 at 
Peshtigo.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 95-9481 Filed 4-17-95; 8:45 am]
BILLING CODE 6712-01-F
#### STATE of Missouri, Respondent, v. Steve RATCLIFF, Appellant. Steve RATCLIFF, Appellant, v. STATE of Missouri, Respondent.

Nos. 63570, 69392.

Missouri Court of Appeals, Eastern District, Division Five.

June 18, 1996.

Ellen H. Flottman, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Blegen, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANE, C.J., AHRENS, J., and CHARLES B. BLACKMAR, Senior Judge.

*ORDER*

PER CURIAM.

Defendant Steven Ratcliff appeals the judgment entered upon his conviction by a *60jury of five counts of sexual assault in the first degree. § 566.040 RSMo (Supp.1990). Defendant also appeals his denial, without an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. Both of the appeals have been consolidated for review pursuant to Rule 29.15(e). We affirm both judgments.

No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgments of the trial court and motion court are affirmed in accordance with Rule 30.25(b).
#### In the Matter of Brendan KK. and Others, Infants. Mary LL. et al., Appellants; Timothy KK., Respondent.

Appeal from that part of an order of the Surrogate’s Court of Albany County (Turner, Jr., J.), entered November 17, 1989, which denied petitioners’ applications, in a proceeding pursuant to Domestic Relations Law article 7, for adoption of respondent’s two children.

Order affirmed, without costs, upon the opinion of Surrogate Raymond E. Marinelli. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.