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

                                  EXHIBIT 10.49

                                           *** TEXT OMITTED AND FILED SEPARATELY
                                                CONFIDENTIAL TREATMENT REQUESTED
                                         UNDER 17 C.F.R. SECTIONS 200.80 (B)(4),
                                                                   AND 240.24B-2

                             SECOND AMENDMENT OF THE
                                LICENSE AGREEMENT

      This Second Amendment (this "SECOND AMENDMENT") to the License Agreement
is made and entered into as of March 15, 2004 by and between EPIMMUNE INC.,
having a principal place of business at 5820 Nancy Ridge Drive, San Diego, CA
92121 ("EPMN"), and GENENCOR INTERNATIONAL, INC., having a principal place of
business at 925 Page Mill Road, Palo Alto, CA 94304-1013 ("GCOR") (collectively
referred to herein as the "PARTIES") agree as follows:

      WHEREAS, the Parties have entered into that certain License Agreement
dated July 9, 2001 (the "LICENSE AGREEMENT");

      WHEREAS, the Parties have entered into that certain First Amendment of the
License Agreement dated October 16, 2002 (the "FIRST AMENDMENT");

      WHEREAS, the Parties wish to further amend the License Agreement on the
terms and conditions set forth herein;

      NOW, THEREFORE, in consideration of the mutual undertakings of the Parties
as set forth below as well as other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, GCOR and EPMN do hereby
mutually agree as follows:

   A. With respect to the Third Party Technology defined in Section 1.42 of the
LICENSE AGREEMENT and listed in Appendix B of the LICENSE AGREEMENT, Appendix B
shall be amended to read as follows:

   [...***...]

   B. All terms and conditions of the License Agreement remain in full force and
effect, as modified hereby and are hereby ratified by the parties.

   C. From and after the effective date of this Second Amendment to the License
Agreement, the term "Agreement" shall be deemed to mean the License Agreement as
hereby modified.

                                              * CONFIDENTIAL TREATMENT REQUESTED

                                       1
<PAGE>

      IN WITNESS WHEREOF, the Parties have caused this Second Amendment to the
License Agreement to be executed by and through their duly authorized
representatives as of the date first above written.

EPIMMUNE INC.

By:   /s/ Robert J. De Vaere
     ---------------------------
     Robert J. De Vaere
     Vice President, Finance and
     Chief Financial Officer

GENENCOR INTERNATIONAL, INC.

By:   /s/ Mark Goldsmith
     ---------------------------
     Mark Goldsmith, MD, PhD
     Sr. Vice President
     Health Care

                                       2
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1712 Enrolled Bill (ENR)]

        H.R.1712

                      One Hundred Seventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two

                                 An Act

 
 To authorize the Secretary of the Interior to make adjustments to the 
   boundary of the National Park of American Samoa to include certain 
  portions of the islands of Ofu and Olosega within the park, and for 
                             other purposes.

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

SECTION 1. BOUNDARY ADJUSTMENT OF THE NATIONAL PARK OF AMERICAN SAMOA.

    Section 2(b) of the Act entitled ``An Act to establish the National 
Park of American Samoa'' (16 U.S.C. 410qq-1(b)), approved October 31, 
1988, is amended--
        (1) by striking ``(1)'', ``(2)'', and ``(3)'' and inserting 
    ``(A)'', ``(B)'', and ``(C)'', respectively;
        (2) by inserting ``(1)'' after ``Included.--''; and
        (3) by adding at the end the following new paragraph:
    ``(2) The Secretary may make adjustments to the boundary of the 
park to include within the park certain portions of the islands of Ofu 
and Olosega, as depicted on the map entitled `National Park of American 
Samoa, Proposed Boundary Adjustment', numbered 82,035 and dated 
February 2002, pursuant to an agreement with the Governor of American 
Samoa and contingent upon the lease to the Secretary of the newly added 
lands. As soon as practicable after a boundary adjustment under this 
paragraph, the Secretary shall modify the maps referred to in paragraph 
(1) accordingly.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
11

A.7. Distribution of Dollar Amount of Non-real-estate Farm Loans, by Effective Interest RatePercent

Effective interest rate (percent)

Zero 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 

All to to to to to to to to to to to to to to 

Quarter rates 4.9 5.9 6.9 7.9 8.9 9.9 10.9 11.9 12.9 13.9 14.9 15.9 16.9 17.9 1993: Q1... 100 * 4.00 11.00 20.00 17.00 26.00 15.00 7.00 1.00 * * * * * 1994: Q1... 100 8.00 4.00 30.00 18.00 22.00 15.00 2.00 1.00 * * * * * * 1995: Q1... 100 * 2.00 1.00 1.00 9.00 7.00 27.00 27.00 15.00 11.00 * * .01 * 1996: Q1... 100 * 4.00 23.00 5.00 19.00 26.00 18.00 4.00 1.00 .01 * * .01 * 1997: Q1... 100 * .01 5.00 10.00 31.00 33.00 17.00 4.00 1.00 .01 .01 .01 .01 * 1998: Q1... 100 * .01 13.00 4.00 23.00 32.00 22.00 5.00 1.00 .01 .01 .01 * * 1999: Q1... 100 .01 4.00 17.00 17.00 29.00 23.00 9.00 2.00 1.00 .01 .01 .01 .01 * 2000: Q1... 100 * .01 5.00 4.00 30.00 36.00 18.00 6.00 1.00 .01 .01 * * * 2001: Q1... 100 .01 * 8.00 7.00 28.00 33.00 17.00 5.00 2.00 .01 .01 * .01 .01 2002: Q1... 100 23.76 17.31 19.76 23.14 10.76 4.30 .80 .00 .00 * .00 .00 * .00 2003: Q1... 100 37.28 22.16 18.64 14.73 4.88 1.72 .47 .02 .02 * * * * * 2004: Q1... 100 43.84 22.35 17.33 11.30 3.56 1.16 .27 .05 .05 * .07 .02 * * 2000: Q3... 100 .01 .01 1.00 1.00 16.00 30.00 28.00 19.00 5.00 1.00 .01 .01 .01 .01  Q4... 100 * .01 .01 3.00 15.00 30.00 34.00 13.00 4.00 .01 .01 .01 * * 2001: Q1... 100 .01 * 8.00 7.00 28.00 33.00 17.00 5.00 2.00 .01 .01 * .01 .01  Q2... 100 .01 3.00 8.00 29.00 31.00 22.00 5.00 2.00 .39 .07 .03 .01 * *  Q3... 100 1.10 9.00 23.00 25.00 25.00 12.00 3.00 1.00 .26 .01 * * * *  Q4... 100 21.20 32.80 13.60 16.40 10.50 4.10 .90 .30 .10 .00 .00 * * * 2002: Q1... 100 23.76 17.31 19.76 23.14 10.76 4.30 .80 .00 .00 * .00 .00 * .00  Q2... 100 23.24 22.45 17.77 22.77 10.15 2.75 .77 .00 .00 .00 .00 .00 .00 .00  Q3... 100 26.33 27.25 18.41 15.57 8.76 2.82 .49 .29 .06 * * * * *  Q4... 100 38.69 23.76 14.20 12.97 7.73 2.02 .44 .04 .04 .04 .02 .02 * * 2003: Q1... 100 37.28 22.16 18.64 14.73 4.88 1.72 .47 .02 .02 * * * * *  Q2... 100 27.25 23.90 21.19 18.64 6.55 1.77 .51 .08 .08 * .03 * * *  Q3... 100 41.83 23.79 18.38 11.11 3.67 .77 .22 .04 .04 .02 .02 .02 * *  Q4... 100 46.26 21.96 16.40 10.95 3.03 1.10 .25 * .02 * .02 * * * 2004: Q1... 100 43.84 22.35 17.33 11.30 3.56 1.16 .27 .05 .05 * .07 .02 * *  Note. Non-real-estate farm loans of $1,000 or more made by insured commercial banks. Effective (compounded) annual interest rfrom the stated rate and other terms of the loans and weighted by loan size. Percentages may not sum to 100 because of rounding. * Indicates value of zero. Source. Federal Reserve Survey of the Terms of Bank Lending to Farmers, conducted during the first full business week of the sequarter.
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Page 54788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22351]


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

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology


NIST Blue Ribbon Commission on Management and Safety

AGENCY: National Institute of Standards and Technology, Department of 
Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 
2, notice is hereby given that the NIST Blue Ribbon Commission on 
Management and Safety, National Institute of Standards and Technology 
(NIST) will meet Monday, October 6, from 9 a.m.-4 p.m., in the NIST 
laboratory in Boulder, CO. This notice is the second meeting of the 
Blue Ribbon Commission on Management and Safety.
    The purpose of this meeting is to continue a high level review of 
NIST's management structure and systems as they relate to safety at the 
Institute. The Commission will ultimately provide consensus advice to 
the Department of Commerce on whether (a) The training, safety, 
security, and response protocols, (b) the implementation of those 
protocols and internal controls, and (c) the management structure at 
NIST are appropriate to ensure safe operations of all NIST programs. 
The agenda for this meeting will focus on NIST safety and management 
structure at the Boulder laboratories. The agenda may change to 
accommodate Commission business. The final agenda will be posted on the 
NIST Web site at http://www.nist.gov/director/blueribbon/index.html.

DATES: The meeting will convene on October 6, 2008 at 9 a.m., and will 
adjourn at 4 p.m.

ADDRESSES: The meeting will be held in Building 1, Room 1103/1105, at 
the National Institute of Standards and Technology, Boulder, Colorado 
80305.
    To enable NIST to make arrangements to admit visitors to the NIST 
campus, anyone wishing to attend this meeting should submit name, e-
mail address and phone number to Mary Lou Norris 
(<a href="/cdn-cgi/l/email-protection#8ee3effcf7e2e1fba0e0e1fcfce7fdcee0e7fdfaa0e9e1f8"><span class="__cf_email__" data-cfemail="bdd0dccfc4d1d2c893d3d2cfcfd4cefdd3d4cec993dad2cb">[email protected]</span></a>) no later than October 2, 2008.

FOR FURTHER INFORMATION CONTACT: Mary Lou Norris, National Institute of 
Standards and Technology, Building 101, MS 1071, 100 Bureau Drive, 
Gaithersburg, MD 20899; telephone: (301) 975-2002; e-mail: 
<a href="/cdn-cgi/l/email-protection#a9c4c8dbd0c5c6dc87c7c6dbdbc0dae9c7c0dadd87cec6df"><span class="__cf_email__" data-cfemail="e28f83909b8e8d97cc8c8d90908b91a28c8b9196cc858d94">[email protected]</span></a>.

    Dated: September 18, 2008.
Patrick D. Gallagher,
Deputy Director.
[FR Doc. E8-22351 Filed 9-19-08; 11:15 am]
BILLING CODE 3510-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Roland Chretien

v. Civil No. 07-44-JL

New Hampshire State Prison,

Warden

ORDER

The petition for a writ of habeas corpus is GRANTED. A

memorandum opinion will issue within 30 days from the date of

this order, before which the Attorney General will notify the

court of the State’s intentions with respect to the disposition

of the criminal case. The judgment of conviction is VACATED

without prejudice to a new trial.

The petitioner, Roland Chretien, shall be immediately

released from the New Hampshire State Prison.

SO ORDERED.

 

Joseph N. Laplante

United States District Judge

July 8, 2008

cc: Brian R. Graf, Esq.

Thomas J. Gleason, Esq.

Scott F. Gleason, Esq.

Case 1:07-cv-00044-JL Document 29 Filed 07/08/08 Page 1 of 1
**Exhibit
      32.1**




**CERTIFICATE
      PURSUANT TO 18 U.S.C. SECTION 1350, SECTION 906 OF THE SARBANES-OXLEY ACT OF
      2002**




In
      connection with the Quarterly Report of Avenue Entertainment Group, Inc. (the
      “Company”) on Form 10-QSB for the nine months ended September 30, 2007 as filed
      with the Securities and Exchange Commission (the “Report”), we, Michael D.
      Feldman, Chairman and Chief Executive Officer, and Jerome I. Feldman, Vice
      Chairman, Chief Financial Officer and Treasurer, 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.




April
      9,
      2008




/s/ MICHAELD.FELDMAN
              Michael
                D. Feldman
              Chairman,
                Chief Executive Officer/s/JEROMEI.FELDMAN
              Jerome
                I. Feldman
              Vice
                Chairman, Chief Financial Officer,
                Treasurer











GREENBERG
      TRAURIG, LLP


MetLife
      Building


200
      Park
      Avenue


New
      York,
      New York 10166




Spencer
      G. Feldman


212-801-9221




April
      10,
      2008




VIA
      EDGAR




U.S.
      Securities and Exchange Commission


100
      F.
      Street, N.E.


Washington,
      D.C. 20549




Re:
            Avenue
                Entertainment Group, Inc. —
                Quarterly
                Report on Form 10-QSB
              for
                the Nine Months ended September 30,
                2007




Dear
      Sirs:




On
      behalf
      of Avenue Entertainment Group, Inc., a Delaware corporation, we hereby submit
      in
      electronic format for filing with the U.S. Securities and Exchange Commission
      pursuant to the Securities Exchange Act of 1934, as amended, and Rule 101(a)
      (1)
      (iii) of Regulation S-T, one copy of Avenue Entertainment Group’s Quarterly
      Report on Form 10-QSB for the nine months ended September 30, 2007.




Please
      address any comments or questions that you may have concerning the Form 10-QSB
      to Michel D. Feldman, Avenue Entertainment Group’s Chief Executive Officer,
      Jerome I. Feldman, Avenue Entertainment Group’s Chief Financial Officer, or to
      me.




Very truly yours,/s/
              Spencer G. FeldmanSpencer
              G. Feldman




Encls.




cc:
            Mr.
                Michael D. Feldman
              Mr.
                  Jerome I. Feldman
AMERUS LIFE HOLDINGS, INC.
EXHIBIT 11 - STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE 
<TABLE>
                Six Months Ended                    Three Months Ended
                 June 30, 1998                        June 30, 1998
                -----------------------             ---------------------
                                 Number     Per              Number  Per
                      Net           of      Share    Net      of     Share
                   Income         Shares  Amount   Income    Shares Amount
                   ------         ------  ------   ------    ----- ------
                     (in thousands, except per share amounts)

<S>                 <C>          <C>      <C>      <C>      <C>    <C> 
Basis EPS
 Net Income        $42,621       34,734    $1.23 $20,864  34,733  $0.60

Effect of dilutive
 securities
   Option             -             290     (0.1)       -     258     -
   Warrants           -              62     (0.1)       -      31     -
   Stock appreciation 
     rights           -               -      -          -       -     - 
                    -------      ------     ---- -------   ------ -----
Diluted EPS        $42,621       35,086   $1.21  $20,864   35,022 $0.60
                   =======       ======    ====  =======   ====== =====
</TABLE>
Case 1:05-cv-00378-JD Document 32-6 Filed 12/04/06 Page 1 of 1
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 Covance Inc. ("Covance") on Form 10-Q for the period ended September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Christopher A. Kuebler, Chairman of the Board and Chief Executive Officer of Covance, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

Date:
October 31, 2003

/s/CHRISTOPHER A. KUEBLERChristopher A. Kuebler
Chairman of the Board and Chief Executive Officer
(Principal Executive Officer)


---

QuickLinks
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                            FEB-29-2000
<PERIOD-END>                                 FEB-26-1999
<CASH>                                            47,717
<SECURITIES>                                           0
<RECEIVABLES>                                 13,700,788
<ALLOWANCES>                                   1,204,990
<INVENTORY>                                   48,638,239
<CURRENT-ASSETS>                              61,752,652
<PP&E>                                         6,114,381
<DEPRECIATION>                                 1,933,990
<TOTAL-ASSETS>                                74,601,731
<CURRENT-LIABILITIES>                         25,968,249
<BONDS>                                       33,665,144
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                          52,016
<OTHER-SE>                                    14,916,322
<TOTAL-LIABILITY-AND-EQUITY>                  74,601,731
<SALES>                                       37,681,167
<TOTAL-REVENUES>                              37,681,167
<CGS>                                         24,362,390
<TOTAL-COSTS>                                 35,987,162
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                               697,125
<INCOME-PRETAX>                                  996,880
<INCOME-TAX>                                     197,096
<INCOME-CONTINUING>                              799,784
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     799,784
<EPS-BASIC>                                       0.15
<EPS-DILUTED>                                       0.15


</TABLE>
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 05-cr-157-1-JD

 06-cr-148-01-JD

Terri Thurlow

O R D E R

On December 10, 2007, defendant appeared for a “probable

cause” hearing under Fed. R. Crim. P. 32.1 on one alleged

violation of conditions of supervision. Defendant stipulated to

probable cause on the violations. I therefore find probable

cause to hold her for a revocation hearing. 

Defendant sought bail conditions under Rule 32.1(a)(6). 

Under Rule 32.1(a)(6) defendant bears the burden of establishing

by clear and convincing evidence that she will not flee and that

she poses no danger to any other person or to the community.

Defendant has a history of not “showing up.” When she first met

with the Portsmouth police and confessed to embezzlement from her

94 year old employer and his Alzheimer-inflicted wife, she asked

to be permitted to go home to tell her parents. She was to then

self-surrender within one hour. She fled and was arrested in

North Carolina one year later. She pled, was sentenced and was

permitted to self-surrender to the Bureau of Prisons. She failed

Case 1:05-cr-00157-JD Document 22 Filed 12/17/07 Page 1 of 3
2

to do so. She was sentenced on that charge to be served

consecutively.

Judge DiClerico advised her that she must report to

probation within 72 hours of release. The “sentence” mailed to

her before release stated the same thing. BOP released her in

error. She did not report to probation, but went to live with

Tom Annis who was also wanted on fugitive warrants. She is a

risk of flight. There are no conditions which are likely to

assure her presence. 

Accordingly, it is ORDERED that the defendant be detained

pending trial. 

The defendant is committed to the custody of the Attorney

General or her designated representative for confinement in a

corrections facility separate, to the extent practicable, from

persons awaiting or serving sentences or being held in custody

pending appeal. The defendant shall be afforded a reasonable

opportunity for private consultation with defense counsel. On

order of a court of the United States or on request of an

attorney for the government, the person in charge of the

corrections facility shall deliver the defendant to the United

States Marshal for the purpose of an appearance in connection

Case 1:05-cr-00157-JD Document 22 Filed 12/17/07 Page 2 of 3
3

with a court proceeding. 

SO ORDERED.

_________________________________

James R. Muirhead

United States Magistrate Judge

Date: December 17, 2007

cc: Jeffrey S. Levin, Esq.

 William E. Morse, Esq.

 U.S. Marshal

 U.S. Probation

Case 1:05-cr-00157-JD Document 22 Filed 12/17/07 Page 3 of 3
#### In the Matter of Ronnell Coombs, Appellant, v New York State Division of Parole, Respondent.

[808 NYS2d 491]

Appeal from a judgment of the Supreme Court (McCarthy, J.), entered July 14, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner currently is serving a prison sentence of 71/a to 15 years following his 1998 conviction of manslaughter in the second degree for shooting the victim in the head during an altercation. Following the denial of his initial application for parole release and unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the Board of Parole’s determination. Supreme Court dismissed the petition and this appeal ensued.

The record demonstrates that the Board considered the relevant statutory factors, including petitioner’s receipt of an earned eligibility certificate, excellent educational and institutional accomplishments while incarcerated, disciplinary infractions and plans upon release. Although the Board emphasized the serious nature of the instant offense, which was committed while petitioner was on parole from two other shooting incidents, and petitioner’s criminal history in concluding that petitioner’s “developing pattern of violence” and “flagrant disregard for human life” rendered his release on parole incompatible with the welfare of the community, we find no abuse of discretion in this regard, particularly as the Board is not required to give equal weight to or discuss every factor it considered in denying a parole request *(see Matter of Defino v Travis,*18 AD3d 1079, 1080 *1052[2005]; *Matter of De La Cruz v Travis,*10 AD3d 789, 790 [2004]). Having considered the relevant statutory factors, and there being no “ ‘showing of irrationality bordering on impropriety’ ” *(Matter of Silmon v Travis,*95 NY2d 470, 476 [2000], quoting *Matter of Russo v New York State Bd. of Parole,*50 NY2d 69, 77 [1980]), further judicial review of that discretionary determination is precluded *(see*Executive Law § 259-i [5]; *Matter of Porter v New York State Bd. of Parole,*282 AD2d 843, 844 [2001]). Petitioner’s remaining contentions, including his assertions that the determination was a result of an unwritten governmental policy to deny violent felons parole and that he was prejudiced by an alleged delay in the receipt of the parole interview transcript, have been reviewed and found to be without merit.

Mercure, J.P., Crew III, Mugglin, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.