alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Employment Agreement between Michael McLaren and W2 Energy, Inc.


    
      

    

    US
      Office


    711
      S
      Carson Street Suite 4 Carson City Nevada 89701

    Canadian
      Office 

    26
      Densely
      Ave Toronto Ontario M6M 2R1

    Phone
      416-246-1100 Fax 416-248-2024

    Web
      www.w2energy.com 


    

      EXHIBIT
        10.5

      Employment
        Agreement between Michael McLaren and W2 Energy, Inc.

    

    


     

     

    January
      3, 2006

     

    


    Mr.
      Michael McLaren,

    27
      Parker
      Place 

    Guelph,
      Ontario

    N1E
      7A7

    


    


    Dear
      Mr.
      McLaren:

    


    Pursuant
      to our recent discussions and on behalf of the Board of Directors of W2 Energy
      Inc. (“WWEN”), I wish to take this opportunity to contract your services to act
      as an officer of WWEN (Chief Executive Officer and President). Your specific
      responsibilities and duties are as follows;

    


    · Develop
      and implement business strategies for the Company

    · Provide
      general management services and day-to-day operations of the
      Company

    · Maintenance
      of internal controls

    · Preparation
      of records, quarterly reports, feasibility studies and budgets

    · Custody
      of Company’s funds and shares

    · Planning
      and controlling the Company’s cash position

    · Provide
      management and administrative services when required

    · Prepare
      regulatory reports, satisfy regulatory and listing requirements

    · Maintain
      transfer agent and legal council relations

    · Consulting
      on future investments

    · Organize
      meetings for directors, and

    · Any
      other
      such activities that are required to maintain the efficient and effective
      operations of the Company


    
      
         

      

      
        1

        
          

        

      

      
         

      

    


    WWTI
      agrees to pay you a minimum fee of two thousand ($2,000) dollars per month
      regardless of the companies cash position and a maximum of four thousand
      ($4,000) per month providing the companies cash position is greater than fifty
      thousand ($50,000) dollars.

    


    This
      Agreement shall have an effective date of January 01, 2006 and expire December
      31, 2006 with option to be renewed on terms to be agreed upon that time. WWEN
      may terminate this Agreement at its discretion upon ninety (90) days
      notice.

    


    On
      behalf
      of the Board of Directors 

    


    


    


    


    /s/Michael
      McLaren

    Director

    


    


    


    


    Accepted
      and agreed to this 3rd day of January 2006

    


    


    By:/s/
      Michael McLaren

     

    2
#### In the Matter of Save the Pine Bush, Inc., et al., Respondents, v Common Council of the City of Albany, Appellant, et al., Respondent.

Submitted August 3, 2009;

decided August 27, 2009

Reported below, 56 AD3d 32.

Motion by Sierra Club Atlantic Chapter et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and 24 copies filed within seven days.
#### Michael Wood et al., Plaintiffs, v Lefrak SBN Limited Partnership, Respondent, and Benihana National Corp., Appellant. (And a Third-Party Action.)

[975 NYS2d 45]

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 18, 2012, which, insofar as appealed from as limited by the briefs, granted defendant Lefrak SBN Limited Partnership’s motion for summary judgment on its cross claim for contractual indemnification against defendant Benihana National Corp. to the extent of awarding Lefrak conditional summary judgment, unanimously affirmed, with costs.

The unambiguous language of the lease between Lefrak, as landlord, and Benihana, as tenant, requires Benihana to indemnify Lefrak against claims arising from, among other things, the management of the premises, from any act or omission of Benihana’s, or from any condition created by Benihana within the premises. Lefrak established prima facie that plaintiff’s accident was caused by Benihana’s improperly repaired or maintained floor drains located above the stairway where plaintiff slipped and fell. There is an abundance of evidence that Benihana had actual notice of the defective condition of its drains, including testimony that leaks occurred often and repair invoices showing that Benihana hired plumbers to clear “Grease stoppage in Floor drain” on several occasions, at least two of which were deemed emergencies. Lefrak also submitted an affidavit by an engineer, who opined that the wet condition in the stairway was caused by the clogged drains in Benihana’s kitchen.

*533Benihana failed to raise an issue of fact in opposition. Its arguments focus almost exclusively on whether Lefrak was responsible for maintenance and repair of plumbing lines or pipes, which assumes that the only source of the liquid or water in the stairway was a pipe in the stairwell.

We reject Benihana’s argument that Lefrak cannot be awarded conditional summary judgment on its cause of action for contractual indemnification unless it establishes that it is free from negligence. The order directs Benihana “to indemnify Lefrak for any liability arising out of the accident *that was not the result of Lefrak’s own negligence”*(emphasis added) *(see Burton v CW Equities, LLC,*97 AD3d 462, 463 [1st Dept 2012]).

We have considered Benihana’s remaining arguments and find them unavailing. Concur — Andrias, J.E, Friedman, Richter, Manzanet-Daniels and Feinman, JJ.
AMENDING AGREEMENT







AMENDING AGREEMENT




                  THIS AMENDING AGREEMENT made this 31st day of May, 2006.




                  BETWEEN:







QV VENTURES LTD.

(hereinafter called the "Purchaser"),




and -




3493734 MANITOBA LTD.

(herein after called the 'Vendor")




WHEREAS the Vendor and Purchaser have entered into a Technology Purchase Agreement on May 19, 2004, which agreement was amended on November 19, 2006, and a copy of which Amended Agreement Is attached hereto as part of this agreement;




AND WHEREAS the Purchaser requires additional time to complete the purchase pursuant to the Technology Purchase Agreement.




NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto have agreed and do hereby agree as follows.







1.   Paragraph 3.01 shall be amended to provide for a new paragraph to be entitled 3.01.01) which provides that the Vendor agrees to pay the sum of $250.00 USD for additional expenses associated with this amending agreement.







2.   Clause 3.01 (a) is amended to provide that the $10,000.00 USD nonrefundable payment shall be payable the earlier of 10 days prior to closing or July 31, 2006.







3.  Clause 5.01 shall be amended to provide that the closing date of the transaction shall be September 30, 2006.







4.  The Parties agree that the termination clause provided in 10 (b) shall not apply to the failure of the Purchaser to meet the milestones with respect to the development project and payment of royalties up to this date, but that hereafter the clause shall apply to .any further default as to the time limits.







5.   In all other respects the term of the. Technology Purchase Agreement shall apply,













IN WITNESS WHEREOF THE PARTIES have hereto set their hands and seals, as duly witnessed by the hands of their properly authorized officers on their behalf on the day and year first above written.




Signed for and on behalf of

3493734 MANIT0BA LTD.

By its authorized signatory




/s/ Lawrence Bremner Cherrett




Lawrence Bremner Cherrett







SIGNED, SEALED AND DELIVERED

QV VENTURES LTD.

In the presence of




                                                                           

                                                                              

Name                                                                   Per: /s/ Desmond Ross 




Address




Occupation                                                           Desmond Ross, President
Senior Executive Performance-Based Cash Bonus Plan, Ms. Carlo



 Exhibit 10.5 
                                        
                 May 25, 2007 
 Linda Carlo 
 Exec Vp / Business Development, Director to Consumer 
 Dept: 100 —
Executive 
 Dear Linda: 
 We are pleased to inform you that
you’ve been selected as a participant in the Casual Male Retail Group, Inc. Annual Incentive Plan for the Plan Year beginning February 4, 2007 and ending February 2, 2008. As a merchant participant in the Annual Incentive Plan, you
may be eligible for a mid-year incentive payment depending on your performance against your personal performance goals through the first two (2) quarters of the fiscal year. 
 The Annual Incentive Plan is designed to reward key associates who are in leadership roles within the organization and are positioned to directly impact business results. In addition to providing key associates with a
performance based financial incentive, the Plan adds value by reinforcing a high performance business culture, focusing attention on achieving specific financial performance objectives, driving productivity and efficiencies that improve sales and
profits and Increasing shareholder value when performance objectives are met. 
 The Annual Incentive Plan consists of two
(2) components: 

	 	•	 	 Personal Performance Component 



	 	•	 	 CMRG Performance Component 


 Your bonus participation level is summarized below: 

	 	•	 	 40% Of Base Annual Earnings @ Target 



	 	•	 	 60% based upon Personal Performance Goals 



	 	•	 	 40% based upon CMRG Performance Goals 


 The amount of
your bonus payment is calculated as a percentage of your annual base earnings and is based upon the performance of your business unit as measured against the performance criteria shown in the attached schedule. 
 We believe this years plan presents an outstanding opportunity to achieve and even surpass the established targets. We will periodically provide all participants with
updated information of our progress against the performance goals. In the meantime, best of luck to all Incentive Plan participants.... 
  

			
	 /s/ DAVID A. LEVIN
	 	 /s/ DENNIS R. HERNREICH

	David A. Levin, President and CEO	 	Dennis R. Hernreich, COO and CFO
[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Page 21698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10804]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Research Resources; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Research Resources 
Special Emphasis Panel; BioTechnology 2 SEP.
    Date: June 25, 2009.
    Time: 2 p.m. to 4 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Lee Warren Slice, PhD, Scientific Review 
Officer, Office of Review, National Center for Research Resources, 
6701 Democracy Blvd. Room 1068, Bethesda, MD 20892, 301-435-0965.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical 
Technology; 93.389, Research Infrastructure, 93.306, 93.333; 93.702, 
ARRA Related Construction Awards., National Institutes of Health, 
HHS).


    Dated: May 4, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-10804 Filed 5-7-09; 8:45 am]
BILLING CODE 4140-01-P
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.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

# AGENCY:

Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Commerce (DOC).

# ACTION:

Notice of Web site publication.

# SUMMARY:

                        Notice is hereby given of public access via                         *http://www.climate.noaa.gov*                         to information                               ( print page 21788)                            pertaining to an upcoming Climate Program Office solicitation of grant proposals.                    

# SUPPLEMENTARY INFORMATION:

On or about 10 days after publication of this notice, detailed information pertaining to Climate Program Office research strategies, objectives, and priorities, will be available. These program priorities represent a contribution to national and international programs designed to improve our ability to observe, understand, predict, and respond to changes in the global environment.

# FOR FURTHER INFORMATION CONTACT:

Eric Locklear; Chief, Administrative Services Division; Climate Program Office, Office of Oceanic & Atmospheric Research (301) 734-1236.

Dated: May 4, 2009.

Mark E. Brown,

Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. 

[FR Doc. E9-10932 Filed 5-8-09; 8:45 am]

BILLING CODE 3510-KB-P
#### State v. Rushdan

Case below: 183 N.C. App.-(15 May 2007)

No. 287P07

Def’s PDR Under N.C.G.S. § 7A-31 (COA06-1229)

Denied 08/23/07
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10885]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,677]


Jeld-Wen, Inc., Klamath Falls, OR; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 25, 2009 in response to a worker 
petition filed by workers of Jeld-Wen, Inc., Klamath Falls, Oregon.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 9th day of April 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-10885 Filed 5-8-09; 8:45 am]
BILLING CODE 4510-FN-P
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME OF UNITED STATES
FILTER CORPORATION AND SUBSIDIARIES AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          57,331
<SECURITIES>                                       593
<RECEIVABLES>                                  582,435
<ALLOWANCES>                                  (26,737)
<INVENTORY>                                    267,021
<CURRENT-ASSETS>                             1,091,821
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<DEPRECIATION>                                (92,688)
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<BONDS>                                        596,291
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           802
<OTHER-SE>                                   1,180,942
<TOTAL-LIABILITY-AND-EQUITY>                 2,439,861
<SALES>                                        598,234
<TOTAL-REVENUES>                               598,234
<CGS>                                          450,427
<TOTAL-COSTS>                                  450,427
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,931
<INTEREST-EXPENSE>                               8,859
<INCOME-PRETAX>                                 30,522
<INCOME-TAX>                                     9,796
<INCOME-CONTINUING>                             20,726
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    20,726
<EPS-PRIMARY>                                      .26
<EPS-DILUTED>                                      .26
        

</TABLE>
#### The People of the State of New York, Respondent, v Larry Mynin, Appellant.

Submitted June 1, 2009;

decided June 4, 2009

Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
#### Preston Hibbert, Respondent, v Victor Avwontom et al., Appellants.

[826 NYS2d 441]

*814In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Johnson, J.), dated April 27, 2006, which denied their motion for summary judgment dismissing the complaint based on the doctrines of res judicata and collateral estoppel.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendants made a prima facie showing of entitlement to judgment as a matter of law demonstrating that the instant litigation is barred by the doctrine of collateral estoppel based on a previous arbitration award which was adverse to the plaintiff *(see Clemens v Apple,*65 NY2d 746, 748-749 [1985]; *Ryan v New York Tel. Co.,*62 NY2d 494, 500, 500-501 [1984]; *Goepel v City of New York,*23 AD3d 344, 346 [2005]; *Carter v Gospel Temple Church of God in Christ,*19 AD3d 353, 354-355 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact *(see Martin v Geico Direct Ins.,*31 AD3d 505, 506 [2006]). Accordingly, the Supreme Court should have granted the defendants’ motion for summary judgment dismissing the complaint.

The plaintiff’s remaining contention is without merit *(see Matter of New York Cent. Mut. Fire Ins. Co. v Reinhardt,*27 AD3d 751, 753 [2006]; *Hilowitz v Hilowitz,*85 AD2d 621 [1981]). Miller, J.P., Crane, Lifson and Dillon, JJ, concur.
---



EXHIBIT 31.1

CERTIFICATIONS

I, Arthur D. Levinson, certify that:

1.   I have reviewed this quarterly report on Form 10-Q of Genentech, Inc.;

2.   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.   Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.   The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

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; and



c)   Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5.   The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):

a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and



b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.





|Date: | May 3, 2004 |  | By: | /s/ARTHUR D. LEVINSON                            
|----- | ----------- |  | --- | -------------------------------------------------
|      |             |  |     |                                                  
|      |             |  |     | Arthur D. Levinson, Ph.D.
Chief Executive Officer

---