alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w40



 





Exhibit 10.40




AMENDMENT NO. 2 TO CONSULTING AGREEMENT




     THIS AMENDMENT NO. 2 is made as of August 31, 2003 (this “Amendment”), to
the CONSULTING AGREEMENT dated July 23, 1999 (the “Agreement”), by and between
Guilford Pharmaceuticals Inc., a Delaware corporation (the “Company”), and
Solomon H. Synder, M.D. (the “Consultant”)



B a c k g r o u n d :




     The Company and the Consultant are parties to the Agreement, pursuant to
which the Consultant provides consulting services to the Company.



     The parties desire to modify certain terms of the Agreement, as set forth
in this Amendment.



     The modifications to the Agreement set forth in Section 3 of this
Amendment are being made in order to comply with applicable provisions of the
Sarbanes-Oxley Act of 2002.



     In consideration of the foregoing, of the mutual promises of the parties
hereunder, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Consultant and the Company
hereby agree as follows:



     1. Capitalized terms used in this Amendment without definition shall have the
meanings given to such terms in the Agreement.



     2. Section 2(a) of the Agreement is amended by adding the following clauses to
the end of Section 2(a):




	(vi)	 	September 2003 to August 2004: $20,833.33 per
month (annualized rate: $250,000 per annum);
	 
	(vii)	 	September 2004 to August 2005: $21,666.66 per
month (annualized rate: $260,000 per annum); and
	 
	(viii)	 	September 2005 to August 2006: $22,500 per month (annualized
rate: $270,000 per annum).



  
 








 











     3. Section 3 of the Agreement is deleted in its entirety. Notwithstanding
the deletion of Section 3 and for the avoidance of doubt, the Split Dollar Life
Insurance Agreement dated October 10, 2000, by and between the Company and
Stephen Kastenberg, Trustee under the Snyder Family 1999, Irrevocable Trust
Agreement, in respect of the Policy, shall not be affected by this Amendment.



     4. The first sentence of Section 5 of the Agreement shall be deleted in
its entirety and in its place the following shall be inserted:



     “The term of this Agreement shall commence on July 23, 1999 and
shall continue until and including August 31, 2006, unless further
extended by mutual written agreement of the parties hereto or unless
earlier terminated as provided below (the “Term”).”



     5. Except as specifically provided in this Amendment and as the context of
this Amendment otherwise may require to give effect to the intent and purposes
of this Amendment, the Agreement shall remain in full force and effect without
any other amendments or modifications.



     IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No. 2 as of the date and year first above written.



     GUILFORD PHARMACEUTICALS INC.



    	 	 	 	 	 
	By: 
	 	 	 	 
	 
	 	/s/ Craig R. Smith, M.D. 
 	 	 
	Name:
          
	 	Craig R. Smith, M.D. 	 	 
	Title:
          
	 	President and Chief Executive Officer 	 	 
	 	 	 	 	 
	 
	 	 	 	 
	/s/ Solomon H. Snyder, M.D.
	 	 
	Solomon H. Snyder, M.D.








2
Exhibit
    10.1

Nicholas M. Brown, Jr.
297 Smith Ridge Rd.
New Canaan, Connecticut  06840


Re:  Supplemental Retirement Benefit Agreement

Dear Nick:

            Reference is made to those certain Agreements made and entered into as of April 1, 2002 by and among XL Insurance Inc., XL America Inc. (the “Company”), XL Capital Ltd (“XL”) and you relating to your employment  (the “Employment Agreement”) and your supplemental retirement benefits, retiree medical benefits, and post-termination vesting and exercise (the “Supplemental Retirement Agreement”) (collectively, the “Agreements”). In relation to the Agreements, I wish to confirm the following:

	 	1.	 	Attached hereto as Exhibit A is a summary of your separation payments and benefits as described in your Employment Agreement. 
	 	 	 
	 	2.	 	The Company agrees that  (a) for purposes of determining the starting date of your supplemental retirement benefits set forth in Section 1 of the Supplemental Retirement Agreement and the early retirement benefit reduction thereunder, the Company will treat you as though you had attained age 50 on the last day of your employment with the Company; (b) for
    purposes of Section 3 of the Supplemental Retirement Agreement, you will
    be treated as having terminated employment with the Company after attaining
    age 50; and (c) for purposes of Section 3 of the Supplemental Retirement
    Agreement as it relates to options to purchase equity securities of XL or
    other equity grants, your termination of employment with the Company will
    qualify as a retirement and you shall have such rights as provided to senior
    executives who qualify for retirement. Attached hereto as Exhibit B is a
    summary of your stock options and restricted stock as of April 1, 2004.
	 	 	 	 
	 	3.	 	Except as set forth above, the Supplemental Retirement
      Agreement will continue in full force and effect in accordance with its
      terms and those provisions of the Employment Agreement intended to survive
    your separation from employment shall do so.




            If you agree to the foregoing please execute a copy of this letter agreement and return it to Daniel J. Losito, Vice President & Associate General Counsel of XL America, Inc.

           

	 	 Sincerely, 
	 	 
	 	XL AMERICA INC.

	 	 By 	/s/ Charles F. Barr
	 	 	

	 	Title	Senior Vice President & General Counsel 
	 	 	

	 	 	 
	 	 	 
	 	XL CAPITAL LTD

	 	By	/s/ Tony Beale
	 	 	

	 	Title 	Senior Vice President
	 	 	



       

Agreed this 26th day of March, 2004

                         /s/ Nicholas M. Brown, Jr.



Nicholas M. Brown, Jr.
<PAGE>

                                                                      Exhibit 11


                  Western Pennsylvania Adventure Capital Fund
              Schedule of Computation of Earnings Per Common Share
                                For the Periods


<TABLE>
<CAPTION>

                                                                April 1, 2000               January 1, 2000
                                                                   through                      through
                                                                June 30, 2000                June 30, 2000
                                                         ---------------------------  ---------------------------
                                                                 (unaudited)                  (unaudited)
 <S>                                                      <C>                          <C>
Net Income (Loss)                                                        $   21,486                   $   28,010
                                                                         ==========                   ==========

Weighted Average Number of Common Shares Outstanding                      4,239,072                    4,059,716
                                                                         ==========                   ==========

Earnings per Common Share                                                $     0.01                   $     0.01
                                                                         ==========                   ==========



                                                               April 1, 1999               January 1, 1999
                                                                  through                      through
                                                               June 30, 1999                June 30, 1999
                                                         --------------------------   --------------------------
                                                                (unaudited)                  (unaudited)
Net Income (Loss)                                                        $      640                   $   (3,751)
                                                                         ==========                   ==========

Weighted Average Number of Common Shares Outstanding                      2,210,434                    2,210,434
                                                                         ==========                   ==========

Earnings per Common Share                                                $     0.00                   $     0.00
                                                                         ==========                   ==========
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMPANY'S TRANSITIONAL REPORT FOR THE FOUR MONTHS ENDED SEPTEMBER 30,
1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   4-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           1,679
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,912
<PP&E>                                           5,783
<DEPRECIATION>                                 (2,659)
<TOTAL-ASSETS>                                   5,036
<CURRENT-LIABILITIES>                              547
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        187
<COMMON>                                            30
<OTHER-SE>                                       3,944
<TOTAL-LIABILITY-AND-EQUITY>                     5,036
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 5,417
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   6
<INCOME-PRETAX>                                (5,423)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,423)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,423)
<EPS-PRIMARY>                                    (.19)
<EPS-DILUTED>                                    (.19)
        

</TABLE>
I

107TH CONGRESS

1ST SESSION H. R. 1556

To amend title XVIII of the Social Security Act to increase the amount

of payment for inpatient hospital services under the Medicare Program,

and to freeze the reduction in payments to hospitals for indirect costs

of medical education.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 2001

Mr. FOLEY (for himself and Mr. NEAL of Massachusetts) introduced the following bill; which was referred to the Committee on Ways and Means,

and in addition to the Committee on Energy and Commerce, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To amend title XVIII of the Social Security Act to increase

the amount of payment for inpatient hospital services

under the Medicare Program, and to freeze the reduction

in payments to hospitals for indirect costs of medical

education.

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 ‘‘American Hospital

5 Preservation Act of 2001’’.
2

•HR 1556 IH

1 SEC. 2. RESTORING FULL MARKET BASKET UPDATE FOR

2 INPATIENT PPS HOSPITALS.

3 Section 1886(b)(3)(B)(i) of the Social Security Act

4 (42 U.S.C. 1395ww(b)(3)(B)(i)), as amended by section

5 301(a) of BIPA (114 Stat. 2763A–491), is amended—

6 (1) in subclause (XV), by adding ‘‘and’’ at the

7 end;

8 (2) in subclause (XVI)—

9 (A) by inserting ‘‘and each subsequent fis10 cal year’’ after ‘‘for fiscal year 2001’’; and

11 (B) by striking ‘‘; and’’ and inserting a pe12 riod; and

13 (3) by striking subclauses (XVII), (XVIII), and

14 (XIX).

15 SEC. 3. FREEZING INDIRECT MEDICAL EDUCATION (IME)

16 ADJUSTMENT PERCENTAGE AT 6.5 PERCENT.

17 (a) IN GENERAL.—Section 1886(d)(5)(B)(ii) of the

18 Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii)), as

19 amended by section 302(a) of BIPA (114 Stat. 2763A–

20 493), is amended—

21 (1) in subclause (V), by adding ‘‘and’’ at the

22 end; and

23 (2) by striking subclauses (VI) and (VII) and

24 inserting the following:

25 ‘‘(VI) on or after October 1,

26 2001, ‘c’ is equal to 1.6.’’.
3

•HR 1556 IH

1 (b) CONFORMING AMENDMENT RELATING TO DE2 TERMINATION OF STANDARDIZED AMOUNT.—Section

3 1886(d)(2)(C)(i) of the Social Security Act (42 U.S.C.

4 1395ww(d)(2)(C)(i)), as amended by section 302(c) of

5 BIPA (114 Stat. 2763A–493), is amended—

6 (1) by striking ‘‘1999 or’’ and inserting

7 ‘‘1999,’’; and

8 (2) by inserting ‘‘, or the American Hospital

9 Preservation Act of 2001’’ after ‘‘2000’’.

10 SEC. 4. REFERENCES TO BIPA.

11 In this Act, the term ‘‘BIPA’’ means the Medicare,

12 Medicaid, and SCHIP Benefits Improvement and Protec13 tion Act of 2000 (Appendix F, 114 Stat. 2763A–463), as

14 enacted into law by section 1(a)(6) of Public Law 106–

15 554.

Æ
Exhibit
        23




**CONSENT
        OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
  We
        consent to the incorporation by reference in Registration Statement Nos.
        33-47415, 33-14788, 33-60196, 333-18135, 333-136061 and 333-138506 on Form
        S-8
        and Registration Statement No. 333-25377 on Form S-3, of our report dated
        September 24, 2008, relating to the consolidated financial statements of
        The
        Dress Barn, Inc. and subsidiaries (the “Company”) (which report expresses an
        unqualified opinion and includes an explanatory paragraph regarding the
        Company’s adoption of Financial
        Accounting Standards Board Interpretation No. 48, “Accounting for Uncertainty in
        Income Taxes - An Interpretation of FASB Statement No. 109”, effective July 29,
        2007, and Statement
        of Accounting Standards No. 123(R), “Share-Based Payment”, as revised, effective
        July 31, 2005) and of our report dated September 24, 2008 relating to the
        internal control over financial reporting (which report expresses an adverse
        opinion on the effectiveness of the Company's internal control over financial
        reporting because of a material weakness) appearing in the Annual Report
        on Form
        10-K of The Dress Barn, Inc. for the year ended July 26, 2008.
  */s/
        DELOITTE & TOUCHE LLP*
  New
        York,
        New York
 September
        24, 2008
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         994,390
<SECURITIES>                                         0
<RECEIVABLES>                                6,944,416
<ALLOWANCES>                                         0
<INVENTORY>                                  3,420,223
<CURRENT-ASSETS>                            12,071,537
<PP&E>                                       5,065,531
<DEPRECIATION>                                 214,826
<TOTAL-ASSETS>                              29,169,278
<CURRENT-LIABILITIES>                        8,255,678
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           606
<OTHER-SE>                                  19,466,106
<TOTAL-LIABILITY-AND-EQUITY>                29,169,278
<SALES>                                     17,835,161
<TOTAL-REVENUES>                            17,835,161
<CGS>                                        9,396,923
<TOTAL-COSTS>                                9,396,923
<OTHER-EXPENSES>                             4,647,119
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (74,518)
<INCOME-PRETAX>                              3,865,637
<INCOME-TAX>                                 1,388,231
<INCOME-CONTINUING>                          2,477,406
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,477,406
<EPS-PRIMARY>                                     0.44
<EPS-DILUTED>                                     0.44
        

</TABLE>
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 08-cr-42-01-SM

Christopher Bosch

O R D E R

Defendant Bosch’s motion to continue the final pretrial conference and trial

is granted (document 22). Trial has been rescheduled for the October 2008 trial

period. Defendant Bosch shall file a waiver of speedy trial rights not later than

September 8, 2008. On the filing of such waiver, his continuance shall be

effective. 

The Court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18

U.S.C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would

unreasonably deny defendant the reasonable time necessary for effective

preparation taking into account the exercise of due diligence under the

circumstances. 

Final Pretrial Conference: September 26, 2008 at 1:30 p.m.

Jury Selection: October 7, 2008 at 9:30 a.m.

Case 1:08-cr-00042-SM Document 23 Filed 08/26/08 Page 1 of 2
2

SO ORDERED.

____________________________

Steven J. McAuliffe

 Chief Judge

August 26, 2008

cc: Jessica Brown, Esq.

Peter Papps, AUSA

US Probation

US Marshal

Case 1:08-cr-00042-SM Document 23 Filed 08/26/08 Page 2 of 2
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1675 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1675

   To permanently extend the moratorium enacted by the Internet Tax 
                  Freedom Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2001

   Mr. Cox introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To permanently extend the moratorium enacted by the Internet Tax 
                  Freedom Act, 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. SHORT TITLE.

    This Act may be cited as the ``Internet Tax Nondiscrimination 
Act''.

SEC. 2. PERMANENT EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM.

    (a) Permanent Extension; Internet Access Taxes.--Section 1101 of 
the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
            (1) by striking ``taxes during the period beginning on 
        October 1, 1998, and ending 3 years after the date of the 
        enactment of this Act--'' and inserting ``taxes after September 
        30, 1998:'';
            (2) by striking paragraph (1) of subsection (a) and 
        inserting the following:
            ``(1) Taxes on Internet access.'',
            (3) by striking ``multiple'' in paragraph (2) of subsection 
        (a) and inserting ``Multiple'';
            (4) by striking subsection (d); and
            (5) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.
    (b) Conforming Amendment.--Section 1104(10) of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by striking ``unless'' and 
all that follows through ``1998''.
                                 <all>
```
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

Plaintiff, 

vs. 

JESUS VILLANUEVA,

Defendant.

8:23CR61

ORDER

The court has been presented a Financial Affidavit (CJA Form 23) signed by the 

above-named defendant in support of a request for appointed counsel. After a review of 

the Financial Affidavit, I find that the above-named defendant is eligible for appointment 

of counsel pursuant to the Criminal Justice Act, 18 U.S.C. §3006A, and Amended 

Criminal Justice Act Plan for the District of Nebraska.

IT IS ORDERED that Mary C. Gryva is appointed as attorney of record for the 

above-named defendant in this matter and shall forthwith file an appearance in this 

matter.

IT IS FURTHER ORDERED that the Federal Public Defender’s Office shall 

forthwith provide counsel with a draft appointment order (CJA Form 20) bearing the 

name and other identifying information of the CJA Panel attorney identified in 

accordance with the Criminal Justice Act Plan for this district.

IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order to 

the Federal Public Defender for the District of Nebraska and Mary C. Gryva.

DATED this 23rd day of June, 2023.

BY THE COURT:

s/ Michael D. Nelson

United States Magistrate Judge

8:23-cr-00061-BCB-SMB Doc # 42 Filed: 06/23/23 Page 1 of 1 - Page ID # 86
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2019 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 2019

               To amend the National Labor Relations Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2001

Mr. Hutchinson introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
               To amend the National Labor Relations Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserve Charitable Giving Act''.

SEC. 2. PROPERTY ACCESS.

    Section 8(a)(1) of the National Labor Relations Act is amended by 
adding after ``section 7'' the following: ``Provided, That in the case 
of a published, written, or posted no solicitation or no access rule, 
an exception for charitable, eleemosynary, or other beneficent purposes 
shall not be grounds for finding an unfair labor practice''.
                                 <all>
```