alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FRANCHISE AGREEMENT AMENDMENT DATED DEC 20, 2006



 





EXHIBIT 10.28




FRANCHISE AGREEMENT AMENDMENT



This Agreement made as of the 20th day of December, 2006.




BETWEEN:




LULULEMON ATHLETICA INC.

1945 McLean Drive

Vancouver, BC V5N 3J7

(the “Franchisor”)




AND:




OQQO ENTERPRISES INC.

584 Johnson Street

Victoria, BC V8W 1M3

(the “Franchisee”)




WHEREAS:




          A.     The Franchisor and Franchisee are parties to a Franchise Agreement dated October 16, 2002
and having an Effective Date of October 16, 2002 (the “Franchise Agreement”).




          B.     The parties have agreed to amend the Franchise Agreement on the terms set out in this
Agreement.




          THEREFORE this Agreement witnesses that the parties agree as follows:



1.     Amendment of “The Take-Over Clause” - Section 27 is deleted and replaced with the following:




“After December 31, 2011, in the event that Lululemon or its
principals should want to purchase the franchise or receive an offer
from a third party for the purchase of all or substantially all of
the Lululemon business by way of either an asset purchase or a share
purchase or by going public, Lululemon will have the right to
include in such transaction an option to the purchaser to acquire
this Franchise and all of the Approved Retail Locations from
Franchisee in accordance with the following formula, and Franchisee
agrees to sell to such purchaser for the equity value of each
franchise location in accordance with this formula if such option is
exercised. The equity value of the individual Lululemon retail
stores will be based on Gross Sales for that store (which, for
greater certainty, will include any amounts received by the
Franchisee from the Franchisor for Internet sales, as provided for
in Section 3(1)). The equity value for each store will be
calculated at fifteen percent (15%) of the previous twelve (12)
months of



 









 





Gross Sales measured back from the end of the calendar month in
which the offer to purchase Lululemon was received. Franchised
stores cannot be so purchased before January 1, 2012 without the
express written consent of Franchisee. On top of the purchase price
Lululemon Athletica will pay for the depreciated leasehold
improvements and the book value of the inventory,


2.     Effect of Amendment - Except as amended hereby, the parties acknowledge that the Franchise
Agreement is unamended, and that, as amended hereby, the Franchise Agreement is in full force and
effect, in accordance with its terms.



3.      Enurement - This Agreement will enure to the benefit of and be binding upon the parties and
their respective successors, and assigns.




          IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day and year
first above written.




	 	 	 	 	 
	LULULEMON ATHLETICA INC.

by its authorized signatory:

 	 	 
	/s/ Dennis Wilson
 	 	 
	 	 	 
	 	 	 
	 



	 	 	 	 	 
	OQQO ENTERPRISES INC.


by its authorized signatory:

 	 	 
	/s/ Ryan Smith
 	 	 
	 	 	 
	 	 	 
	 




-2-
#### Peter J. Canarelli, Respondent, v Marilyn Canarelli, Appellant.

[872 NYS2d 464]

In a matrimonial action in which the parties were divorced by judgment entered September 19, 2006, the defendant appeals from (1) an order of the Supreme Court, Nassau County (Falanga, J.), entered August 21, 2007, as amended by an order of the same court dated September 26, 2008, which, inter alia, granted those branches of the plaintiffs motion which were to enforce certain provisions of a stipulation of settlement that was incorporated, but not merged into the judgment of divorce, and certain provisions of the judgment of divorce, to the extent of appointing the plaintiff the temporary receiver of certain real and personal property for the purpose of disposing of that property in accordance with the stipulation of settlement and the judgment of divorce, and (2) an order of the same court entered August 29, 2007, which appointed a referee to sell a certain parcel of real property located in Jewett, New York.

Ordered that the appeal from the order entered August 29, *6592007 is dismissed as academic as that order was vacated by an order dated September 26, 2008; and it is further,

Ordered that the order entered August 21, 2007, as amended, is affirmed, with one bill of costs.

While a stipulation of settlement may be set aside where there is evidence of fraud, overreaching, mistake, or duress *(see Matter of Dillon v Dillon,*257 AD2d 621 [1999]), the defendant failed to tender evidence in admissible form sufficient to warrant a hearing on her motion to vacate the parties’ stipulation *(see O’Shell v O’Shell,*54 AD3d 914, 915 [2008]; *Shockome v Shockome,*53 AD3d 610 [2008]; *Chernow v Chernow,*51 AD3d 705, 706 [2008]). The defendant’s contention that the appointment of a receiver to sell certain real property should be set aside because of a purported failure to comply with the court rules *(see*22 NYCRR part 36) was not raised before the Supreme Court and, therefore, is not properly before this Court *(see Sandoval v Juodzevich,*293 AD2d 595, 595-596 [2002]; *Mourou-nas v Shahin,*291 AD2d 537 [2002]; *Weber v Jacobs,*289 AD2d 226 [2001]). Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                             790
<SECURITIES>                                         0
<RECEIVABLES>                                     1631
<ALLOWANCES>                                        93
<INVENTORY>                                       1234
<CURRENT-ASSETS>                                  4822
<PP&E>                                            4311 
<DEPRECIATION>                                    3368
<TOTAL-ASSETS>                                    9279
<CURRENT-LIABILITIES>                             2510
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           128
<OTHER-SE>                                        1283
<TOTAL-LIABILITY-AND-EQUITY>                      9279
<SALES>                                           4356
<TOTAL-REVENUES>                                  4356
<CGS>                                             2487
<TOTAL-COSTS>                                     4478
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 207
<INCOME-PRETAX>                                    636
<INCOME-TAX>                                        27
<INCOME-CONTINUING>                                609
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       609
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .05
        

</TABLE>
**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 Diatect International Corporation (the
      "Company") on Form 10-QSB for the quarter ended March 31, 2006 as filed with
      the
      Securities and Exchange Commission on the date hereof (the “Report”), I, David
      Andrus, Principal Executive Officer and Principal Accounting Officer, certify,
      pursuant to 18 U.S.C. §1350, as adopted pursuant to Section906 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.











December
                14, 2007
            /s/
                David AndrusDavid
                S. AndrusPrincipal
                Executive OfficerPrincipal
                Financial Officer










































































---
Schedule of Certain Executive Officers



 EXHIBIT 10.27(b) 
 MAGMA DESIGN AUTOMATION, INC. 
 Schedule of Certain Executive Officers for the Summary of Compensation
Arrangement set forth in Exhibit 
 10.27(a) 
 The compensation arrangements for the below listed executives are set forth in Exhibit 10.27(a). 
  

									
	 Name
	 	 Title
	 	 Annualized Base Salary
 For Fiscal Year 2008
	 	 Target Bonus
 Percentage
	 
	 Rajeev Madhavan
	 	Chief Executive Officer and Chairman of the Board	 	$	475,000	 	90	%
	 Roy E. Jewell
	 	President and Chief Operating Officer and Director	 	$	475,000	 	90	%
	 Saeid Ghafouri
	 	Corporate Vice President, Field Operations	 	$	330,000	 	120	%
	 Peter S. Teshima
	 	Corporate Vice President-Finance and Chief Financial Officer	 	$	300,000	 	60	%
	 David H. Stanley
	 	Corporate Vice President, Corporate Affairs & Secretary	 	$	290,000	 	60	%
	 Gregory C. Walker*
	 	Former Senior Vice President-Finance and Chief Financial Officer	 	 	0	 	0	 



	*	Mr. Walker resigned as Senior Vice President-Finance and Chief Financial Officer on April 27, 2006.
S. 3741

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

To provide funding authority to facilitate the evacuation of persons from Lebanon,

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. FUNDING AUTHORITY.

(a) INCREASE IN AVAILABLE FUNDS FOR EMERGENCY EVACUATIONS.—Notwithstanding the transfer restrictions under section

402 of the Science, State, Justice, Commerce, and Related Agencies

Appropriations Act, 2006 (Public Law 109–108), the second proviso

under the headings ‘‘DEPARTMENT OF STATE AND RELATED

AGENCY – DEPARTMENT OF STATE – ADMINISTRATION OF FOREIGN AFFAIRS – DIPLOMATIC AND CONSULAR PROGRAMS’’ is amended

by striking ‘‘$4,000,000’’ and inserting ‘‘$19,000,000’’.

(b) USE OF CERTAIN FUNDS.—Amounts appropriated or otherwise made available by chapter 8 of title II of division B of Public

Law 109–148 under the heading ‘‘EMERGENCIES IN THE DIPLOMATIC

AND CONSULAR SERVICE’’ and any other unobligated amounts in

the ‘‘Emergencies in the Diplomatic and Consular Service’’ account

may be made available to cover the costs of facilitating the evacuation under section 4 of the State Department Basic Authorities

Act of 1956 (22 U.S.C. 2671) of persons from Lebanon on or after

July 16, 2006.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
AQUATIC CELLULOSE INTERNATIONAL CORP.
                   (Pending name change to Valor Energy Corp.)
   Suite 1, 4th St. o Salmon Arm, British Columbia o Canada o Box 1011 V1E 4P2
                      Phone: 250-833-1985 Fax: 250-833-1954
                         Email: valorenergy@sunwave.net



OCTOBER 17, 2006

This letter is to serve as a confirmation of agreement between Gary Ackles and
Aquatic Cellulose International Corp and memorializing the following items;

In respect to the TigerLynk technology purchased by Aquatic Gary Ackles shall
retain;

        1.      7.5% royalty interest on the first 5 machines sold

        2.      5% Royalty interest on all remaining machines

        3.      A 50/50 profit share program on the first 5 machines sold.
                Profit will be defined as proceeds from the sale of machines
                over and above all costs of royalty, construction, sales and
                delivery.

It is agreed that future technology improvements to the patent and technology,
while still employing the basic concept, of the technology will not affect the
royalty payments due.

It is hereby expressly stated that this agreement and its provisions will assign
to any sucessors, heirs or survivors of Mr. Ackles.

AGREED TO BY:

Aquatic Cellulose International Corp                      Gary Ackles

/S/ SHERIDAN B. WESTGARDE                                 /S/ GARY J. ACKLES
-------------------------                                 ------------------
Sheridan Westgarde,                                       Gary Ackles
Director / CEO
Amendment to Amended and Restated Employment Agreement - Raymond S. Kalouche



 EXHIBIT 10.12 
 EXECUTION COPY 
 AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT 
 Dated as of January 25, 2007 
 Reference
is made to that certain Amended and Restated Employment Agreement (the “Original Agreement”), dated as of the Effective Date as defined therein, by and between Tube City IMS Corporation (the “Company”), a Delaware
corporation, and Raymond S. Kalouche (the “Executive”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Original Agreement. 
 For good and valuable consideration (including the promises set forth herein), the receipt and sufficiency of which are hereby acknowledged, each of the
Company and Executive intending to be legally bound, hereby agree as follows: 
  

	 	1.	Amendment. 

  

	 	a.	The second sentence of Section 1. of the Original Agreement is hereby amended and restated in its entirety to read as follows: “The number of shares of Restricted Stock
shall be equal to 16.66% of the total number of shares reserved for issuance under the Restricted Stock Plan on the Effective Date, which shall be equal to ten percent (10%) of the total number of shares of common stock of Buyer outstanding
upon the Closing, and such Restricted Stock shall be granted pursuant to the terms and conditions set forth in the Restricted Stock Plan and a Restricted Stock Agreement (as defined in the Restricted Stock Plan).” 

  

	 	2.	Miscellaneous. Except as modified hereby, the provisions of the Original Agreement shall remain unmodified, and, subject to the amendments contained herein, the Original
Agreement is hereby confirmed as having been validly executed and delivered by each of the undersigned and as being in full force and effect. This Amendment may be executed in any number of counterparts which together shall constitute one
instrument, shall be governed by and construed in accordance with the substantive laws of the State of New York, without reference to or giving effect to any choice or conflict of laws provision or rule that would cause the application of the
domestic substantive laws of any other jurisdiction. 

 [Remainder of page intentionally left blank] 







 IN WITNESS WHEREOF, the undersigned have caused this Amendment to the Amended and Restated Employment
Agreement to be executed and delivered as of the date first above written. 
  

			
	TUBE CITY IMS CORPORATION
		
	By:	 	/s/ Thomas E. Lippard
		 	Name: Thomas E. Lippard
		 	Title:   Vice President
		
		 	/s/ Raymond S. Kalouche
		 	Raymond S. Kalouche


 [Signature Page to 
 Amendment to Amended and Restated Employment Agreement]
Exhibit32.1




CERTIFICATION




Pursuant to 18 U.S.C. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)





I, Patrick Brown, in connection with the Annual Report of World Series of Golf, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, certify that:





·the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





·the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




By:
/s/ Patrick BrownName: Patrick BrownTitle: Chief Executive Officer

(Principal Executive Officer)Dated: April 12, 2011
EXHIBIT 13.1
   CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002
  The certification set forth below is being submitted in connection with the Annual Report on Form 20-F/Afor the fiscal year ended December 31, 2009 (the “Report”) for the purposes of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities and Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code.
  I, Alceu Duílio Calciolari,Chief Executive Officer of Gafisa S.A., certify that, to the best of my knowledge:
  ·
the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
  ·
the information contained in the Report fairly presents, in all material respects, the financial condition andresults of operations of the Company.
  Date: May 29, 2012
  By:
/s/ Alceu Duílio CalciolariName:    Alceu Duílio CalciolariTitle:     Chief Executive Officer
[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Page 2392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00582]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Wyoming State Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that an orientation and 
planning meeting of the Wyoming State Advisory Committee to the 
Commission will convene at 11:00 a.m. (MDT) on Saturday, February 7, 
2015, in the Sage Room, Laramie County Library, 2200 Pioneer Avenue, 
Cheyenne, WY 82001. The purpose of the orientation meeting is to inform 
the newly appointed Committee members about the rules of operation of 
federal advisory committees and to select additional officers, as 
determined by the Committee. The purpose of the planning meeting is to 
discuss potential topics that the Committee may wish to study.
    Persons who desire additional information may contact the Rocky 
Mountain Regional Office, U.S. Commission on Civil Rights, 1961 Stout 
Street, Suite 13-201, Denver, CO 80294, phone 303-866-1040 and fax 303-
866-1050, or email to Evelyn Bohor at <a href="/cdn-cgi/l/email-protection#badfd8d5d2d5c8facfc9d9d9c894ddd5cc"><span class="__cf_email__" data-cfemail="b5d0d7dadddac7f5c0c6d6d6c79bd2dac3">[email protected]</span></a>.
    Persons needing accessibility services should contact the Rocky 
Mountain Regional Office at least 10 working days before the scheduled 
date of the meeting.
    Records generated from this meeting may be inspected and reproduced 
at the Rocky Mountain Regional Office, as they become available, both 
before and after the meeting. Persons interested in the work of this 
advisory committee are advised to go to the Commission's Web site, 
www.usccr.gov, or to contact the Rocky Mountain Regional Office at the 
above phone number, email or street address.
    The meeting will be conducted pursuant to the provision of the 
rules and regulations of the Commission and FACA.

    Dated: January 12, 2015.
David Mussatt,
Chief, Regional Programs Coordination Unit.
[FR Doc. 2015-00582 Filed 1-15-15; 8:45 am]
BILLING CODE 6335-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
##### 



SECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549 Form 6-K Report of Foreign Issuer Pursuant to
Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934 For November 12, 2004 Extendicare Inc.(Translation of registrants name into English)

3000 Steeles Avenue
East
Markham, Ontario, Canada L3R 9W2(Address of principal executive offices) Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F. Form 20-F    o
        
        Form 40-F    þ
 Indicate by check mark whether the registrant by furnishing the
information contained in this Form is also thereby furnishing the information
to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of
1934. Yes    o
        
        No    þ
 If Yes is marked, indicate below the file number assigned to the
registrant in connection with
Rule 12g3-2(b):   N/A




---



##### 



EXHIBIT INDEX Exhibit
Number
    
    Description of Exhibit99.1
    

Shareholders
Quarterly Report for the Nine Months Ended September 30, 200499.2
    

Certificates
pursuant to Section 302 of the Sarbanes-Oxley Act of 200299.3
    

Certificate
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.  EXTENDICARE INC.Date: November 12, 2004
    By:
    /s/ Richard L. BertrandRichard L. BertrandSenior Vice-President and
Chief Financial Officer  Extendicare Inc. September 2004
    3
##### 



Exhibit 31.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO RULE 13a-14(a)
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
andc)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants fourth fiscal quarter that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to adversely affect
the 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 have
a significant role in the registrants internal controls over financial reporting.
  /s/ Mark J. DeCesarisMark J. DeCesarisacting Chief Financial Officer CPA®:17 2007 10-K 53
#### In re Duke

Case below: Judicial Standards

No. 464P07

1. Petitioner’s (W. Russell Duke, Jr.) Petition for Writ of Prohibition (Judicial Standards —05-207)

2. Respondent’s Motion to Dismiss Petition for Writ of Prohibition

1. Dismissed 11/08/07

2. Denied 11/08/07

Parker, C.J., Recused