alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.16





AMENDMENT


OF


AMENDED AND RESTATED EMPLOYMENT AGREEMENT




WHEREAS, OTELCO INC. (the “Company”) has previously entered into an Amended and Restated Employment Agreement (the “Agreement”), dated as of April 27, 2009, with Robert Souza (the “Employee”), setting forth the terms and conditions of the Employee’s employment with the Company; and




WHEREAS, the Company and the Employee desire to amend certain provisions of the Agreement.




NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Agreement is hereby amended as follows:




Base Salary.  Effective January 1, 2011, Section 3(c)(i) of the Agreement is hereby amended and restated in its entirety as follows:




(i)           Base Salary.  During the Employment Period, the Employee shall receive an annual base salary of $200,000, subject to increase by the Board, which annual base salary shall be further subject to annual increase by an amount equal to at least the increase in the cost of living, if any, between the date of the immediately preceding increase and the date of each such adjustment, based upon the Consumer Price Index for Urban Consumers, or, if that index is discontinued, a similar index prepared by a department or agency of the United States government (as so increased and adjusted, the “Annual Base Salary”).  The Annual Base Salary shall be paid in accordance with the customary payroll practices of the Company, subject to withholding and other payroll taxes.




Bonus.  Effective January 1, 2011, Section 3(c)(ii) of the Agreement is hereby amended and restated in its entirety as follows:




(ii)           Bonus.  For each fiscal year during the Employment Period, the Employee will be entitled to receive a bonus (the “Bonus”).  The Bonus shall be based upon the Company achieving operating and/or financial goals to be established by the Board or any duly appointed committee thereof in good faith, in its sole discretion.




SAVINGS CLAUSE.  Save and except as herein expressly amended, the Agreement shall continue in full force and effect.


March 4, 2011
OTELCO INC.By:
/s/ Curtis L. Garner, Jr.Name:Curtis L. Garner, Jr.Title:Chief Financial Officer/s/ Robert SouzaRobert Souza
Exhibit 10.17




SECOND AMENDMENT


OF


EMPLOYMENT AGREEMENT




WHEREAS, OTELCO INC. (the “Company”), as successor to Mid-Maine Communications, Inc., has previously entered into an Employment Agreement (the “Agreement”), dated as of July 3, 2006, with Nicholas A. Winchester (the “Employee”), as amended on December 31, 2008, setting forth the terms and conditions of the Employee’s employment with the Company; and




WHEREAS, the Company and the Employee desire to amend certain provisions of the Agreement.




NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Agreement is hereby amended as follows:




Base Salary.  Effective January 1, 2011, Section 3(c)(i) of the Agreement is hereby amended and restated in its entirety as follows:




(i)           Base Salary.  During the Employment Period, the Employee shall receive an annual base salary of $200,000, subject to increase by the Board, which annual base salary shall be further subject to annual increase by an amount equal to at least the increase in the cost of living, if any, between the date of the immediately preceding increase and the date of each such adjustment, based upon the Consumer Price Index for Urban Consumers, or, if that index is discontinued, a similar index prepared by a department or agency of the United States government (as so increased and adjusted, the “Annual Base Salary”).  The Annual Base Salary shall be paid in accordance with the customary payroll practices of the Company, subject to withholding and other payroll taxes.




Bonus.  Effective January 1, 2011, Section 3(c)(ii) of the Agreement is hereby amended and restated in its entirety as follows:




(ii)           Bonus.  For each fiscal year during the Employment Period, the Employee will be entitled to receive a bonus (the “Bonus”).  The Bonus shall be based upon Otelco achieving operating and/or financial goals to be established by the Board or any duly appointed committee thereof in good faith, in its sole discretion.




SAVINGS CLAUSE.  Save and except as herein expressly amended, the Agreement shall continue in full force and effect.


March 4, 2011
OTELCO INC.By:
/s/ Curtis L. Garner, Jr.Name:Curtis L. Garner, Jr.Title:Chief Financial Officer/s/ Nicholas A. WinchesterNicholas A. Winchester
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LUXOTTICA GROUP S.p.A. and OAKLEY, 

INC., 

 Plaintiffs,

v.

RBZXR.COM, et al., 

 Defendants.

Case No. 20-cv-02297

Judge Marvin E. Aspen

Magistrate Judge Sidney I. Schenkier

NOTICE OF DISMISSAL UNDER RULE 41(a)(1)

Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs Luxottica 

Group S.p.A. and Oakley, Inc. (“Plaintiffs”) hereby dismiss this action, with leave to reinstate 

within one hundred and eighty (180) days, as to the following Defendant:

Defendant Name Line No.

RNUYKE 234

Dated this 11th day of June 2020. Respectfully submitted,

/s/ Allyson M. Martin

Amy C. Ziegler

Justin R. Gaudio

Allyson M. Martin

Greer, Burns & Crain, Ltd.

300 South Wacker Drive, Suite 2500

Chicago, Illinois 60606

312.360.0080 / 312.360.9315 (facsimile)

aziegler@gbc.law

jgaudio@gbc.law

amartin@gbc.law

Counsel for Plaintiffs 

Luxottica Group S.p.A. and Oakley, Inc.

Case: 1:20-cv-02297 Document #: 55 Filed: 06/11/20 Page 1 of 1 PageID #:3675
|Exhibit 32.1
|------------

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of LogSearch, Inc. (the Corporation) on Form 10-KSB for the year ended October 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James Durward, Chief Executive Officer, certify, pursuant to 18 U.S.C. §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 theSecurities Exchange Act of 1934; and

(2) The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.

|Date: January 11, 2007 |  | By:/s/ James Durward                                                                                                         
|---------------------- |  | -----------------------------------------------------------------------------------------------------------------------------
|                       |  | Name:  James Durward  Title:  CEO, principal executive officer, principal  financial officer and principal accounting officer
|                       | 
|                       | 

---
**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 Annual Report of PeopleSupport, Inc. (the“Company”) on Form 10-K for the year endedDecember 31, 2004, as filed with the Securities andExchange Commission on the date hereof (the“Report”), I, Lance Rosenzweig, Chairman of theBoard, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002,that to my knowledge:     (1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities and Exchange Actof 1934; and     (2) The information contained in the Report fairlypresents, in all material respects, the financial condition andresults of operations of the Company.     /s/ Lance Rosenzweig           Lance Rosenzweig *Chairman of the Board of Directors,* *President and Chief Executive Officer*March 31, 2005
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Nuclear Regulatory Commission

          - [Docket Nos. 50-275-LR and 50-323-LR; ASLBP No. 10-900-01-LR-BD01]

                    Pursuant to 10 CFR 2.313(c) and 2.321(b), the Atomic Safety and Licensing Board (Board) in the above-captioned                     *Diablo Canyon Nuclear Power Plant, Units 1and 2*                     license renewal proceeding is hereby reconstituted by appointing Administrative Judge Gary S. Arnold to serve on the Board in place of Administrative Judge Paul B. Abramson.                

                    All correspondence, documents, and other materials shall continue to be filed in accordance with the NRC E-Filing rule.                     *See*10 CFR 2.302*et seq.*

 Issued at Rockville, Maryland, this 4th day of November 2014.

E. Roy Hawkens,

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. 2014-26646 Filed 11-7-14; 8:45 am]

BILLING CODE 7590-01-P
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

LKQ CORPORATION, and ) Case No. 1:20-cv-2753

KEYSTONE AUTOMOTIVE )

INDUSTRIES, INC. ) Honorable Thomas M. Durkin

)

Plaintiffs, ) Honorable Jeffrey Cole

)

v. ) JURY TRIAL DEMANDED

)

)

GENERAL MOTORS COMPANY, )

GM GLOBAL TECHNOLOGY )

OPERATIONS, LLC, and )

GENERAL MOTORS, LLC )

)

Defendants. )

PLAINTIFFS’ MOTION FOR

SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT

Plaintiffs LKQ Corporation and Keystone Automotive Industries, Inc. (together “LKQ”)

hereby respectfully move the Court to grant summary judgment that (1) all of the Asserted Patents

are invalid for failure to comply with the requirements of 35 U.S.C. § 171; (2) U.S. Design Patent

Nos. D786,743 (“the ’743 patent”), D812,532 (“the ’532 patent”), and D824,825 (“the ’825 patent)

are invalid pursuant to 35 U.S.C. § 102 due to public use; (3) the entirety of the design shown in

U.S. Design Patent No. D840,285 (“the ’285 patent”) is functional and therefore invalid; (4) the

underside portion of the hood claimed in the ’532 patent is functional and therefore makes up no

part of claimed design; (5) LKQ Part No. GM1039243 does not infringe the ’285 patent; and (6)

that LKQ Part Nos. GM1230456 and GM1230456C do not infringe the ’532 patent.

Case: 1:20-cv-02753 Document #: 277 Filed: 12/16/22 Page 1 of 3 PageID #:6560
2

The arguments and evidence in support of this Motion are set forth in the supporting

Memorandum of Law, Statement of Undisputed Material Facts, Declaration of Mike Bregenzer,

and Exhibits attached thereto.

Dated: December 16, 2022 Respectfully submitted,

By: /s/ Barry F. Irwin

Barry F. Irwin, P.C.

Michael P. Bregenzer

Robyn Bowland

Andrew Himebaugh

Nicholas Wheeler

Daniel Zhang

IRWIN IP LLC

150 N. Wacker Dr., Ste 400

Chicago, IL 60606

(312) 667-6080

birwin@irwinip.com

mbregenzer@irwinip.com

rbowland@irwinip.com

ahimebaugh@irwinip.com

nwheeler@irwinip.com

dzhang@irwinip.com

Attorneys for Plaintiffs LKQ Corporation &

Keystone Automotive Industries, Inc.

Case: 1:20-cv-02753 Document #: 277 Filed: 12/16/22 Page 2 of 3 PageID #:6561
3

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing document was served via ECF on December 16, 2022

upon all counsel of record.

/s/ Gloria Rios

Gloria Rios

Case: 1:20-cv-02753 Document #: 277 Filed: 12/16/22 Page 3 of 3 PageID #:6562
<PAGE>

                                                                   Exhibit 10.53

                                December 23, 2002

The Honorable Julianne M. Bowler
Commissioner of Insurance
Massachusetts Division of Insurance
One South Station, 5th Floor
Boston, MA 02110-2208

        Re:     Allmerica Financial Corporation ("AFC"); Allmerica Financial
                Life Insurance and Annuity Company ("AFLIAC"); First Allmerica
                Financial Life Insurance Company ("FAFLIC")

Dear Commissioner Bowler:

I write to supplement the November 21, 2002 petition concerning the
redomestication of AFLIAC from Delaware to Massachusetts and the corporate
reorganization of AFLIAC and FAFLIC (hereinafter referred to as the
"Reorganization").

Following the Reorganization, AFLIAC will be the immediate parent to FAFLIC and
a direct subsidiary of AFC. In view of this change in corporate structure, AFC
agrees to maintain AFLIAC's RBC ratio at a minimum of 100%. This commitment will
continue until it is terminated by agreement of the Commissioner of Insurance.
Both AFLIAC and FAFLIC have ceased writing new business and will not write new
business in the future.

In consideration of this commitment, it is agreed and understood that the
commitment concerning FAFLIC's capital set forth in the letter of March 4, 1999
from John F. Kelly to Robert Dynan as amended in the letter between you and John
F. O'Brien of October 24, 2002 will be terminated.

The commitment concerning AFLIAC's capital set forth in this letter will take
effect and the commitment concerning FAFLIC's capital will be terminated only
when and if the Reorganization is complete. AFC, AFLIAC and FAFLIC will advise
you when that occurs.

A copy of the AFC Board Vote of December 17, 2002 pertaining to this matter is
enclosed for your records. Should any additional information be required, please
do not hesitate to contact me.

                                        Sincerely yours,
                                        /s/ Mark C. McGivney
                                        Mark C. McGivney
                                        Vice President & Treasurer
                                        Allmerica Financial Corporation
Exhibit
10.127


 


AMENDMENT


 


CALIFORNIACARE


MEDICAL
SERVICES AGREEMENT


 


This Amendment to the CaliforniaCare Medical
Services Agreement is entered into at Woodland Hills, Los Angeles County,
California, effective as of May 1, 1997, between Blue Cross of California and
Affiliates (“BLUE CROSS”) and PROSPECT MEDICAL GROUP (“PARTICIPATING MEDICAL
GROUP”).


 


A.                                   BLUE CROSS and PARTICIPATING MEDICAL GROUP
have previously entered into a CaliforniaCare Medical Services Agreement
(“Agreement”) effective January 1, 1997, whereby PARTICIPATING MEDICAL GROUP
agreed to provide or arrange for Capitated Services to certain Members assigned
to PARTICIPATING MEDICAL GROUP.


 


B.                                     Pursuant to Section 16.01 of the Agreement,
the parties now desire to amend the Agreement.


 


THEREFORE, IT IS AGREED:


 


I.                                         The following is hereby added as Section 7.07
to the Agreement:


 


Notwithstanding
anything to the contrary stated in the Agreement, BLUE CROSS shall not be
liable under this Agreement to pay PARTICIPATING MEDICAL GROUP rates in excess
of any rates paid to PARTICIPATING MEDICAL GROUP for the same services by any
other person, health care service plan, insurer or other entity.  If at any time during the term of this
Agreement, PARTICIPATING MEDICAL GROUP accepts or charges any rates which are
lower than the rates set forth in this Agreement, PARTICIPATING MEDICAL GROUP
shall immediately notify BLUE CROSS and such lower rates shall immediately
become the applicable rates under this Agreement.  PARTICIPATING MEDICAL GROUP shall also retroactively adjust all
invoices sent to BLUE CROSS since the earliest date PARTICIPATING MEDICAL GROUP
accepted or charged these lower rates.


 


1

















 


II.                               Upon acceptance by the parties, this Amendment, as of the effective
date hereof, shall become a part of this Agreement and all provisions of the
Agreement not specifically inconsistent herewith shall remain in full force and
effect.


 


 


	
  For BLUE CROSS OF
  CALIFORNIA

  	
  For PARTICIPATING MEDICAL
  GROUP

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  /s/ Gregg De Nicola

  	
   

  
	
  Signature

  	
   

  	
  Signature

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Gregg De Nicola

  	
   

  
	
  Please Print Name

  	
   

  	
  Please Print Name

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  President

  	
   

  
	
  Title

  	
   

  	
  Title

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  5-26-97

  	
   

  
	
  Date

  	
   

  	
  Date

  	
   

  



 


2
Exhibit 21.1



Direct and Indirect Subsidiaries of Artisan Components, Inc.



|Name                                             |  | Jurisdiction ofIncorporation or Formation
|------------------------------------------------ |  | -----------------------------------------
|Artisan Components San Diego Operations, Inc.1   |  | Delaware, United States                  
|                                                 | 
|Artisan Components International Delaware, L.L.C |  | Delaware, United States                  
|                                                 | 
|Artisan Components International Limited         |  | Ireland                                  
|                                                 | 
|Artisan Components Asia-Pacific PTE Ltd2         |  | Singapore                                
|                                                 | 
|Artisan Components Software Private Limited      |  | India                                    

---

|1 |  | Artisan Components San Diego Operations, Inc. is the successor entity to NurLogic Design, Inc.
|- |  | ----------------------------------------------------------------------------------------------

|2 |  | A wholly-owned subsidiary of Artisan Components International Limited (Ireland)
|- |  | -------------------------------------------------------------------------------
#### Mitchell and Others *v.*Denbo.

Debt on a bond for the delivery of goods taken in execution. *Held,*that if the value of the goods be sufficient to satisfy the execution, the plaintiff, in case of their non-delivery, shall recover the amount due on the execution, with interest and 10 *per cent,*damages.

The names of the petit jurors must be recorded, as prescribed by statute, or the 'array may be challenged.

APPEAL from the *Harrison*Circuit Court. In'this case *Denbo*was the plaintiff, and *Mitchell*and others the defendants, in the Circuit Court. Verdict and judgment for the plaintiff.

Stevens, J.

This is an action brought on a delivery-bbnd, for the delivery of certain goods and chattels to the sheriff at the time arid place of sale; those goods and chattels having been, by the sheriff, seized and taken in execution on a writ of *Ji. fa.;*and the breach assigned is the failure to deliver. The whole proceedings and. the bond are bottomed on the 12th section of the act of 1831, subjecting real and personal estate to execution. In this case two errors exist.

The.plaintiff! after he had proved that the goods and chattels which the obligors bound themselves to deliver, were sufficient to satisfy the execution, moved the Court to instruct the jury that they must find the amount due on the execution, with interest, and also 10per *cent,*damages thereon; but the Court refused to give so much of the instructions asked, as relates to the lOper *cent,*damages. This is error: the instruction should have been given. The statute will fairly bear that construction, standing alone, and when taken in connexion with other statutes passed at the same session, and particularly the 15th section of the act respecting constables, it is clearly inferable that such was the intention of the legislature. This instruction gives one uniform rule, equally applicable to every class of cases arising on such bonds. The other construction produces an incongruity for which we can see no good reason.

It further appears, that when the jury were about to be sworn, the defendant challenged the array for a default in the clerk, in not having recorded the panel in the order book of the Cir.cuit Court, as he is required to do by the ¿tatute; and that the *260challenge was overruled. There is also error in this. The challenge should have prevailed. Vide *Mitchell*v. *Likens,*at this term of this Court.

*J. H.*Farnham, for the appellants.

*C. Dewey,*for the appellee.

*Per Curiam.*

The judgment is reversed, and the verdict set aside, with costs. Cause remanded, &c.
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9775.

#### King *v.*The State.

Decided October 14, 1918.

Indictment for possessing intoxicating liquor; from Whitfield superior court—Judge Tarver. April 10, 1918.

*W. B. Mann, G. G. Glenn,*W., *0. Martin,*for plaintiff in error.

*J. M. Lang, solicitor-general,*contra.

Bloodworth, J.

The grounds of the’amended motion for a new trial'are without merit, the evidence demanded the verdict, and the motion for new trial was properly overruled.

*Judgment affirmed.*

*Broyles, P. J., and Harwell, J., concur.*