alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.5**

 

NON-QUALIFIED

Stock Option 

 

Granted Under Millipore Corporation

1989 Stock Option Plan for Non-Employee Directors

 

Stock Option granted by Millipore Corporation a Massachusetts corporation (the “Company”) to**                    ** (the “Optionee”), pursuant to Millipore’s 1989 Stock Option Plan for Non-Employee Directors (the“Plan”). 

 

 

This certificate evidences the grant by the Company on                             to the Optionee of an option to purchase, in whole or in part, on theterms herein provided, a total of              shares of Common Stock of the Company (the “Shares”) at$             per Share. The Final Exercise Date of this option (as that term is used in the Plan) is [date 10 years following date of grant stated above]. 

 

This option is exercisable in the following installments prior to the FinalExercise Date: 

 

 

Each election to exercise this option shall be in writing, signed by the Optionee or by the Optionee’s executor or administrator or the person orpersons to whom this option is transferred by will or the applicable laws of descent and distribution (the “Legal Representative”), and received by the Company at its principal office, accompanied by this certificate and payment in full asprovided in the Plan. The purchase price may be paid by delivery of cash, certified check, bank draft, money order, or other payment medium approved by the Company. In the event that this option is exercised by the Optionee’s LegalRepresentative, the Company shall be under no obligation to deliver Shares hereunder unless and until the Company is satisfied as to the authority of the person or persons exercising this option. 

3.Non-Transferability of Option
 

This option is not transferable by the Optionee other than by will or the laws of descent and distribution, and is exercisable during the Optionee’slifetime only by the Optionee. 

 
4.Provision of the Plan
 

This option is subject to the provisions of the Plan. 

 
5.Special Provisions
 

This option is automatically subject to the “Special Exercise Period” provided under the Plan (without further consent of the Company) if theoptionee’s services as a director terminate due to retirement at age 72 or such other age as the Board of Directors may determine from time to time. 

 

IN WITNESS WHEREOF, the Company has caused this option to be exercised under its corporate seal by its duly authorized officer. This option shall take effect as a sealedinstrument. 

 

Please acknowledge receipt of this certificate by signing andreturning the enclosed copy of this letter to the attention of                     . 

 

Very truly yours,

MILLIPORE CORPORATION

 

[name]

[title]

 

 

Date

 

Receipt and acceptance of theforegoing is hereby acknowledged: 

 

 

 
[Name of Director]
 
Date
Exhibit 32.1







CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Siebert
  Financial Corp. (the "Company") on Form 10-K for the year ended December
  31, 2003, as filed with the Securities and Exchange Commission on the date hereof
  (the "Report"), I, Muriel F. Siebert, in my capacity as Chair and President
  of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted
  pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | (1) |  | the Report filed
      by the Company with the Securities and Exchange Commission fully complies
      with the requirements of Section 13(a) 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 for the period covered by the Report.
| | --- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





| |                      | 
| | -------------------- | 
| | /s/Muriel F. Siebert | 
| | Muriel F. Siebert    | 
| | Chair and President  | 

A signed original of this
  written statement required by Section 906, or other document authenticating,
  acknowledging, or otherwise adopting the signature that appears in typed form
  within the electronic version of this written statement required by Section
  906, has been provided to Siebert Financial Corp. and will be retained by Siebert
  Financial Corp. and furnished to the Securities and Exchange Commission or its
  staff upon request.
<PAGE>

                               POWER OF ATTORNEY


    KNOW ALL MEN BY THESE PRESENTS, that the undersigned Directors and Officers
of Millipore Corporation (the "Corporation"), do hereby constitute and appoint
C. William Zadel, Francis J. Lunger and Jeffrey Rudin and each of them
individually, their true and lawful attorneys and agents to execute on behalf of
the Corporation the Form 10-K/A Annual Report of the Corporation for the fiscal
year ended December 31, 1998, and all such additional instruments related
thereto which such attorneys and agents may deem to be necessary and desirable
to enable the Corporation to comply with the requirements of the Securities
Exchange Act of 1934, as amended, and any regulations, orders, or other
requirements of the United States Securities and Exchange Commission thereunder
in connection with the preparation and filing of said Form 10-K/A Annual Report,
including specifically, but without limitation of the foregoing, power and
authority to sign the names of each of such Directors and Officers on his
behalf, as such Director or Officer, as indicated below to the said Form 10-K/A
Annual Report or documents filed or to be filed as a part of or in connection
with such Form 10-K/A Annual Report; and each of the undersigned hereby ratifies
and confirms all that said attorneys and agents shall do or cause to be done by
virtue thereof.


<TABLE>
<CAPTION>

SIGNATURE                           TITLE                       DATE
---------                           -----                       ----

<S>                               <C>                          <C>
/s/ C. WILLIAM ZADEL               Chairman, President          November 12, 1999
--------------------               Chief Executive Officer
C. William Zadel                   and Director


/s/ ROBERT C. BISHOP               Director                     November 12, 1999
--------------------
Robert C. Bishop


/s/ SAMUEL C. BUTLER               Director                     November 12, 1999
--------------------
Samuel C. Butler

/s/ ROBERT E. CALDWELL             Director                     November 12, 1999
----------------------
Robert E. Caldwell


/s/ ELAINE L. CHAO                 Director                     November 12, 1999
------------------------
Elaine L. Chao


/s/ MAUREEN A. HENDRICKS           Director                     November 12, 1999
------------------------
Maureen A. Hendricks

                                   Director                     November 12, 1999
-----------------------
Mark Hoffman


/s/ RICHARD J. LANE                Director                     November 12, 1999
----------------------
Richard J. Lane


                                   Director                     November 12, 1999
---------------------
Thomas O. Pyle


                                   Director                     November 12, 1999
---------------------
John F. Reno

</TABLE>
EX-10.1






Plexus Corp.


Summary of Board Compensation – 11/17/05


(outside directors)



	 	 	 	 	 	 	 	 	 
	 
	 	FY2006
	 	FY2005

	 
	 	(Effective 1/06)
	 	(Effective 11/04)

	 
	 	 	 	 	 	 	 	 
	Cash Compensation
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Board Meetings
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Annual Retainer Fee
	 	$	26,000		 	$	25,000	
	 
	 	 	 	 	 	 	 	 
	Meeting Fee — in person / not in person
	 	$	2,000 / $1,000		 	$	2,000 / $1,000	
	 
	 	 	 	 	 	 	 	 
	Committee Compensation
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Audit
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Chairman Retainer
	 	$	9,000		 	$	7,500	
	 
	 	 	 	 	 	 	 	 
	Committee Meeting Fee (including Chairman’s
participation in periodic conference calls
with auditors to review financial
disclosures)
- in person / not in person
	 	$	1,000 / $500		 	$	1,000 / $500	
	 
	 	 	 	 	 	 	 	 
	Compensation
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Chairman Retainer
	 	$	5,000		 	$	5,000	
	 
	 	 	 	 	 	 	 	 
	Committee Meeting Fee
- in person / not in person
	 	$	1,000 / $500		 	$	1,000 / $500	
	 
	 	 	 	 	 	 	 	 
	Nominating & Corp Governance
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Chairman Retainer
	 	$	5,000		 	$	5,000	
	 
	 	 	 	 	 	 	 	 
	Committee Meeting Fee
- in person / not in person
	 	$	1,000 / $500		 	$	1,000 / $500	
	 
	 	 	 	 	 	 	 	 
	Directors are also reimbursed for their
travel expenses for attending meetings.
No compensation for board service is paid
to directors who are full-time executive
officers or employees of the Company.
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Directors who are not officers or employees
were eligible in 2005 for stock option
awards under the 1995 Directors’ Stock
Option Plan; no further options may be
granted thereunder after December 31, 2004.
Directors are now eligible to participate
in awards under the 2005 Equity Incentive
Plan. :
#### Ora C. Taylor v. William Manwaring.

*Laboi' debts.*

A stockholder is not liable as for. a labor debt for money due under a-, contract with tbe corporation, whereby the contractor is to carry on certain quarrying operations at bis own expense and for a period of years, in a quarry owned by tbe corporation, and deliver rock to the-corporation at certain rates.

Case made from Kent.

Submitted April 11.

Decided April 19.

Assumpsit. Defendant had judgment.

Affirmed.

A! *A. Maher*for plaintiff.

*T. J. O’Brien*for defendant.

Campbell, J.

This is an action against a stockholder of the Grandville Plaster Company for what is claimed to be a debt for labor performed for the corporation. The amount due accrued under a written contract whereby Taylor agreed for one year, which was afterwards extended for five years, to take out and deliver the plaster rock from the quarry of the company at certain places and in a certain manner agreed upon. In doing this the plaintiff was to uncover the-rock and deposit the shale at his own expense in separate sheds to be provided by the company, and to leave uncovered at the end of his contract as much rock as was open when he began. For all this work he was to receive pay for so much plaster rock as he got out and delivered, at the *172rate of sixty cents a ton, estimated by measurement at six tons to the solid cord. Monthly estimates were- to be made and signed by plaintiff and the company superintendent, and payments made of all but ten per cent., which amount was to be reserved as security. Some other particulars are unimportant.

We do not think this arrangement can be properly treated us labor performed for the corporation, in the meaning of the Constitution and statutes declaring stockholders liable for labor debts. This was an independent contract whereby, instead of quarrying for themselves, the authorities of the corporation let out the entire work for a long time to plaintiff, who was to carry it on in his own way and by his own servants and agents over whom the company retained no control. It was neither more nor less than farming out the chief quarrying operations of the company to a stranger, who was no more the corporation servant than if the quarry had been leased to him on a royalty. His pay was received not for the amount of labor done but for the amount of stone delivered at the proper places provided for, and so long as he made this delivery and kept the refuse disposed of, the corporation had no voice in his proceedings. It is possible there may be labor within the statute in some cases where the work is done by the job, but where such an entire disposal of management exists as appears here we think the case is clearly not one of labor.

The judgment must be affirmed with costs.

The other Justices concurred.
Rel: September 13, 2024

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern 

Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 

300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other 

errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA

SPECIAL TERM, 2024

_________________________

SC-2024-0089

_________________________

Ex parte E.C. 

PETITION FOR WRIT OF CERTIORARI 

TO THE COURT OF CIVIL APPEALS 

(In re: C.C. 

v. 

L.B. and S.B.)

(Madison Juvenile Court: JU-21-73.01 and JU-21-73.02;

Court of Civil Appeals: CL-2023-0189)

STEWART, Justice.

WRIT DENIED. NO OPINION.

Shaw, Wise, Bryan, Sellers, Mendheim, Mitchell, and Cook, JJ., 

concur. 

Parker, C.J., dissents, with opinion.
SC-2024-0089

2

PARKER, Chief Justice (dissenting).

I respectfully dissent. See Ex parte J.R., [Ms. SC-2024-0095, Sept. 

13, 2024] ___ So. 3d ___, ____ (Ala. 2024) (Parker, C.J., concurring 

specially) (arguing that the best-interest-of-the-child standard is no 

substitute for the constitutional protections of parental rights).
Amendment No. 1 to the Agreement between the Company and Larry S. Flax



 Exhibit 10.1 
  
 CALIFORNIA PIZZA KITCHEN, INC. 
  
 AMENDMENT NO. 1 
  
 TO 
  
 NON-QUALIFIED STOCK OPTION AGREEMENT 
  
 This AMENDMENT NO. 1 (this “Amendment”) dated November 23, 2005 to that certain Non-Qualified Stock Option Agreement (the
“Agreement”) between California Pizza Kitchen, Inc. (the “Company”) and Larry S. Flax (“Optionee”) dated August 2, 2000 (the “Effective Date”) is effective as of the Effective
Date. 
  
 RECITALS 
  
 WHEREAS, a difference of views has arisen with regard to the
“Expiration Date,” as that term is defined in the Agreement; and 
  
 WHEREAS, the parties wish to resolve the difference of views in an amicable fashion. 
  
 AMENDMENT 
  
 NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which the
parties hereto acknowledge, the Company and Optionee hereby agree as follows: 
  
 1. Amendment. 
  

	 	(a)	Section 1.8(e) of the Agreement is hereby amended and restated in its entirety to read as follows: 

  
 “(e) December 15, 2005.” 
  

	 	(b)	A new Section 7(c) is added and shall read as follows: 

  
 “(c) Without limiting the foregoing, Holder also agrees that Holder will not effect any Transfer of 25,000 Option Shares for a period of 18 months
after the exercise of the Option relating to such Option Shares. For purposes hereof, “Transfer” shall be defined as any sale or transfer of the Option Shares that results in a change of “beneficial ownership” as such term is
defined in Rule 13d-3 of the Securities Exchange Act of 1934. Holder agrees that each certificate or instrument representing such transfer restricted Option Shares shall be stamped or otherwise imprinted with the following legend (in addition to any
legend required under applicable securities laws): 
  
 THESE
SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD FOR A PERIOD OF 








 
EIGHTEEN MONTHS FROM THE DATE HEREOF; PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE FOREGOING THESE SECURITIES MAY BE TRANSFERRED IF THE TRANSFER DOES NOT
RESULT IN A CHANGE IN THE “BENEFICIAL OWNERSHIP” OF THESE SECURITIES AS THAT TERM IS DEFINED IN RULE 13D-3 UNDER THE SECURITIES EXCHANGE ACT OF 1934” 
  
 2. Express Changes Only. Except as modified by this Amendment, the Agreement shall remain unchanged and shall
remain in full force and effect. 
  
 3. Governing
Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflicts of laws thereof. 
  
 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed as of the date first written
above. 
  

			
	 CALIFORNIA PIZZA KITCHEN, INC.

	     a Delaware corporation

		
	 By:
	 	 /s/ Susan M. Collyns

	 	 	 Susan M. Collyns

	 	 	 Chief Financial Officer

		
	 	 	 /s/ Larry S. Flax

	 	 	 LARRY S. FLAX
Exhibit 32.2





CERTIFICATION OF THE CHIEF FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








Pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, Anthony J. Miceli, Chief Financial Officer of United Capital Corp., (the “Company”), does hereby certify, with respect to the Annual Report of the Company on Form 10-K/A for the period ended December 31, 2010 (the “Report”) 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.








Dated:           April 29, 2011


By:
/s/ Anthony J. MiceliAnthony J. MiceliChief Financial Officer
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Tommy Rossa, * From the 32nd District Court

 of Nolan County,

 Trial Court No. 19935.

Vs. No. 11-18-00347-CV * November 7, 2019

Steven Seth Mahaffey, * Opinion by Wright, S.C.J.

 (Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J.,

 sitting by assignment)

 (Willson, J., not participating)

 This court has inspected the record in this cause and concludes that there 

is error in the judgment below. Therefore, in accordance with this court’s 

opinion, we reverse the trial court’s order to the extent that it dismissed 

Tommy Rossa’s defamation claim based on statements made by Steven Seth 

Mahaffey to his parents and to Scotty Self, and we remand that claim to the 

trial court for further proceedings. We affirm the trial court’s order in all 

other respects. The costs incurred by reason of this appeal are taxed onehalf against Tommy Rossa and one-half against Steven Seth Mahaffey.
<PAGE>   1
   
                                                                    EXHIBIT 23.4
    



   
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
    

   
As independent public accountants, we hereby consent to the incorporation by
reference in this registration statement on Form S-3, to be filed on or around
June 15, 1998, of our report dated January 31, 1996, on the Consolidated
Financial Statements of UUNET Technologies, Inc. included in WorldCom Inc.'s
Current Report on Form 8-K dated August 25, 1996, as amended by Form 8-K/A filed
on November 4, 1996, and to all references to our Firm included in this
registration statement.
    

                                                             ARTHUR ANDERSEN LLP

   
Washington, D.C.,
June 12, 1998.
#### UNITED STATES of America, Plaintiff-Appellee, v. Walter Marlin WEBB, Defendant-Appellant.

No. 79-1519.

United States Court of Appeals, Ninth Circuit.

March 4, 1980.

Carleen Arlidge, San Jose, Cal., argued for defendant-appellant; Frank M. Mangan, San Jose, Cal., on the brief.

Joseph M. Burton, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KENNEDY and FERGUSON, Circuit Judges, and WILLIAMS,* District Judge.

*

 Honorable David W. Williams, United States District Judge for the Central District of California, sitting by designation.

PER CURIAM:

While being held prisoner and in solitary confinement at the Correctional Training Facility at Soledad, California, Webb told a security officer that he wanted to confess to another crime but that he wanted a minister present. After a short time Webb was escorted to the office of the security officer, who was present with the prison chaplain. Webb confessed to a murder on federal lands and was subsequently found guilty of the offense, the confession having been admitted into evidence. Webb claims the confession is privileged because it was a confidential communication to a clergyman. *See*Fed.R.Evid. 501; 8 J. Wigmore, Evidence § 2394 (Chadbourn rev. 1970).

We do not reach the question whether the privilege for penitential . communications applies in federal proceedings. The obvious presence of the security officer destroyed the confidentiality that would be necessary to invoke the privilege even if we were to recognize it. To overcome this obstacle, Webb would have to establish that confidentiality is not required if a prisoner takes reasonable steps to insure it and, failing to do so, nevertheless utters the confession. We are cited to no authorities supporting such a rule, and even assuming it to be valid, no reasonable efforts to insure confidentiality were taken here.

There is no contention that the confession was involuntary.

AFFIRMED.
II 

Calendar No. 667 

108TH CONGRESS 

2D SESSION H. R. 4427 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2004 

Received; read twice and referred to the Committee on Governmental Affairs 

JULY 22, 2004 

Reported by Ms. COLLINS, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 73 South Euclid Avenue in Montauk, New 

York, as the ‘‘Perry B. Duryea, Jr. Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DESIGNATION. 

4 The facility of the United States Postal Service lo5 cated at 73 South Euclid Avenue in Montauk, New York, 

6 shall be known and designated as the ‘‘Perry B. Duryea, 

7 Jr. Post Office’’. 
2 

•HR 4427 RS 

1 SEC. 2. REFERENCES. 

2 Any reference in a law, map, regulation, document, 

3 paper, or other record of the United States to the facility 

4 referred to in section 1 shall be deemed to be a reference 

5 to the ‘‘Perry B. Duryea, Jr. Post Office’’. 

Calendar No. 667 

108TH CONGRESS 

2D SESSION H. R. 4427 

AN ACT 

To designate the facility of the United States PostJr. Post Office’’. Montauk, New York, as the ‘‘Perry B. Duryea, al Service located at 73 South Euclid Avenue in 

JULY 22, 2004 

Reported without amendment
<PAGE>   1
                                                                   EXHIBIT 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

   
We hereby consent to the use in the Prospectus constituting part of this
Amendment No. 2 to the Registration Statement on Form S-1 (No. 333-53873) of our
report dated March 6, 1998, relating to the consolidated financial statements of
Brigham Exploration Corporation, which appears in such Prospectus. We also
consent to the reference to us under the heading "Experts" in such Prospectus.
    

   
/S/ PRICEWATERHOUSECOOPERS LLP
PRICEWATERHOUSECOOPERS LLP
    


   
Houston, Texas
August 12, 1998
-19-

 
a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; andb) any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting. *   The statements of cash receipts and disbursements reflect only cash transactions and do notinclude transactions that would be recorded in financial statements presented on the accrual basisof accounting. The Trust is required to distribute all funds received after payment of expenses.Accordingly, the Trust has not prepared any statements of financial condition or cash flows.     Date: April      , 2011 S/S Joel Faden   
-20-