alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
      10.26

    


    November
      20, 2007 Amendment to November 1, 2005 Offer Letter between Callidus Software
      and Leslie Stretch

    


    Effective
      December 1, 2007, as authorized by the Board of Directors on November 19, 2007,
      you will be promoted to the position of President and Chief Executive Officer
      of
      Callidus Software Inc., and your offer letter dated November 1,
      2005  (“Offer Letter”) is hereby amended effective on your assumption
      of such position to reflect your new position, as well as the following new
      compensation and terms:

    


    Starting
      December 1, 2007, your annualized base salary will be raised to
      $350,000.  Your annual target bonus opportunity will be 100% of your
      base salary.

    


    For
      the
      second half of fiscal 2007, 5/6 of the bonus shall be based on prior
      compensation and plan, and 1/6 of bonus shall be based on new CEO compensation
      and plan.

    


    On
      November 30, 2007, you will be granted 400,000 non-qualified stock options,
      with
      vesting over four years and an exercise price equal to the fair market value
      of
      our common stock on the grant date.

    


    Your
      severance amount upon an involuntary termination without cause, subject to
      you
      signing a full release, is also hereby modified to be the following severance
      in
      lieu of the amounts set forth in the Offer Letter:

    


    
      	
              (i)  

            	
              One
                year of your base salary and target bonus, which shall be paid no
                later
                than March 15 of the year following the year of your
                termination.

            


    

    
      	
              (ii)  

            	
              If
                you elect to continue your medical coverage under COBRA, the Company
                shall
                pay for such coverage, at the same cost to you as before the termination
                of employment, until the end of the 12-month period after the date
                of
                termination of employment.

            


    

    


    Sincerely,

    


    CALLIDUS
      SOFTWARE INC.

    


    


    /s/
      V.
      Holly Albert

    By:
      V.
      Holly Albert, Senior Vice President and General Counsel

    


    


    Accepted:

    


    


    Leslie
      J. Stretch

    Leslie
      J.
      Stretch

    


    Date:
      November 20, 2007
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

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 Sterling Financial Corporation (Sterling) on Form 10-K for the year ended December 31, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Patrick J. Rusnak, Principal Financial Officer of Sterling, hereby 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 the Securities Exchange Act of 1934, as amended; and
|-- | ---------------------------------------------------------------------------------------------------------------------------------



|2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Sterling.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                                         
|-------------------- |  | --------------------------------------------------------
|Dated: March 8, 2011 |  | /s/ Patrick J. Rusnak                                   
|                     |  | Patrick J. Rusnak                                       
|                     |  | Executive Vice President and
Principal Financial Officer

This certification accompanies each Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
the Sarbanes-Oxley Act of 2002, be deemed filed by Sterling for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been provided to Sterling and will be retained by Sterling and furnished to
the Securities and Exchange Commission or its staff upon request.
<PAGE>


                                                                    Exhibit 4.1

DATE OF ISSUE    CERTIFICATE NUMBER    TRF. NO.    REGISTER     NUMBER OF SHARES

                                     [LOGO]

               CHINA NETCOM GROUP CORPORATION (HONG KONG) LIMITED
                              [CHINESE CHARACTERS]
(incorporated in Hong Kong with limited liability under the Companies Ordinance)

                               SHARE CERTIFICATE

THIS IS TO CERTIFY THAT THE UNDERMENTIONED PERSON(S) IS/ARE THE REGISTERED
HOLDER(S) OF FULLY PAID OR CREDITED AS FULLY PAID SHARES OF UNITED STATES
DOLLARS 0.04 EACH AS DETAILED BELOW IN THE CAPITAL OF THE ABOVE-MENTIONED
COMPANY SUBJECT TO THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE COMPANY.

                                                CODE:



                                                NUMBER OF SHARES:


    GIVEN UNDER THE SECURITIES SEAL OF THE COMPANY ON THE DATE STATED ABOVE.

                      ___________________________________
                                    DIRECTOR

 NO TRANSFER IN RESPECT OF ANY OF THE ABOVE NUMBER OF SHARES CAN BE REGISTERED
                  UNLESS ACCOMPANIED BY THIS SHARE CERTIFICATE

                    SHARE REGISTRAR: [ o ], [ o ] HONG KONG
[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 95-5516

________________________ D. C. Docket No. 94-7254-CIV-SJM DAVID FORGIONE, as Assignee of Harry Tofel and Lena Tofel, Plaintiff-Appellant,
versus DENNIS PIRTLE AGENCY, INC., AMERICAN STATES INSURANCE COMPANY, an Indiana Corporation, Defendants, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee, HERMAN B. FINE, CERRATO-FINE AGENCY, INC., a New York Corporation, Defendants-Cross-Defendants Appellees, FIREMAN’S FUND INSURANCE COMPANIES, Defendant-Cross-Claimant.

________________________Appeal from the United States District Court for the Southern District of Florida

_________________________ (January 7, 1998) Before DUBINA, BLACK and CARNES, Circuit Judges. PER CURIAM: 

### We previously certified to the Florida Supreme Court the following dispositive question in this case: Can a claim for negligence by an insured against an insurance agent for failure to obtain proper insurance coverage be assigned to a third party? Forgione v. Dennis Pirtle Agency, Inc. , 93 F.3d 758, 761 (11 th

### Cir. 1996). The Supreme Court of Florida has now definitively answered that state law question in the affirmative, disagreeing with the district court. See David Forgione v. Dennis Pirtle Agency, Inc. , ___ So.2d ____ (Fla. Nov. 13, 1997). We are indebted to the Florida Supreme Court for its authoritative resolution of the controlling state law issue. The judgment of the district court is REVERSED, and this case is REMANDED for further proceedings.
IN THE SUPREME COURT OF MISSISSIPPI NO. 96-CA-01005-SCT ROBERT BUCKHALTER A/K/A ROBERT LEE BUCKHALTER
v. STATE OF MISSISSIPPI THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A MEMORANDUM/PER CURIAM AFFIRMANCE DATE OF JUDGMENT: 9/03/96 TRIAL JUDGE: HON. JERRY OWEN TERRY, SR. COURT FROM WHICH APPEALED: STONE COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: PRO SE ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: ROGER W. WILLIAMS DISTRICT ATTORNEY: CONO CARANNA NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF DISPOSITION: AFFIRMED - 10/23/97 MOTION FOR REHEARING FILED: MANDATE ISSUED: 11/13/97

BEFORE PRATHER, P.J., BANKS AND McRAE, JJ.
PRATHER, PRESIDING JUSTICE, FOR THE COURT:

Robert Lee Buckhalter pled guilty before the Stone County Circuit Court to armed robbery and escape as an habitual offender. He was sentenced to eight years in prison on the armed robbery charge and five years on the escape charge. The sentences were to run concurrently without eligibility for parole, for a total of eight years in prison without parole. The appeal sub judicearises from the trial court's subsequent denial of post-conviction relief to Buckhalter. Buckhalter contends that he was denied effective assistance of counsel when his attorney failed to demur from the habitual offender portions of the indictments, which portions appeared after the words "against the peace and dignity of the State." Section 169 of the Mississippi Constitutionrequires that indictments "conclude" with the words "against the peace and dignity of the State."

However, such a defect in the indictment is curable by amendment and can be waived by a valid guilty plea. Brandau v. State , 662 So. 2d 1051, 1054-55 (Miss. 1995). For this reason, the performance of Buckhalter's attorney was neither deficient nor prejudicial. Therefore, Buckhalter's argument that he received ineffective assistance of counsel fails. See Strickland v. Washington , 466 U.S. 668, 687 (1984). Buckhalter's appeal is without merit. The judgment of the trial court denying post-conviction relief is affirmed, per curiam

. DENIAL OF POST-CONVICTION RELIEF AFFIRMED. LEE, C.J., SULLIVAN, P.J., PITTMAN, BANKS, McRAE, ROBERTS, SMITH AND MILLS, JJ., CONCUR.
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 Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I,


Donald W. Prosser, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 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 the Securities Exchange Act of 1934; and





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














Dated: August 22, 2011         By:  /s/ Donald W. Prosser


Donald W. Prosser, Chief Executive Officer
 
 A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-10918

Conference Calendar

 

FRANKIE LEE HOGG,

Plaintiff-Appellant,

versus

WAYNE SCOTT, Director,

Texas Department of Criminal Justice,

Institutional Division,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:95-CV-16-C

- - - - - - - - - -

April 17, 1996

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Frankie Lee Hogg appeals the district court’s grant of

summary judgment in favor of the defendant in his civil rights

complaint under 42 U.S.C. § 1983. This court reviews the

district court’s grant of summary judgment de novo. Weyant v.

Acceptance Ins. Co., 917 F.2d 209, 212 (5th Cir. 1990). We

determine that the district court did not err in granting summary

judgment in favor of the defendant on Hogg’s claim that his

prison trust fundaccount had been improperly seized. 
No. 95-10918

-2-

This appeal is frivolous. See Howard v. King, 707 F.2d 215,

220 (5th Cir. 1983). Because the appeal is frivolous, it is

DISMISSED. See 5th Cir. Rule 42.2. 

Hogg is cautioned that any additional frivolous appeals

filed by him will invite the imposition of sanctions. To avoid

sanctions, Hogg is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous. 

APPEAL DISMISSED; SANCTIONS WARNING.
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 QuantRx Biomedical Corporation (the
      "Company") on Form 10-Q for the period ending June 30, 2008 as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Walter
      Witoshkin, Chief Executive Officer of the Company, certify, pursuant to 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to my knowledge:





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.




/s/
                    Walter WitoshkinWalter
                    WitoshkinChairman &
CEO
  Date:
        August 14, 2008




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-02-2000
<PERIOD-START>                             JAN-04-1999
<PERIOD-END>                               OCT-03-1999
<CASH>                                      14,467,000
<SECURITIES>                                         0
<RECEIVABLES>                               12,361,000
<ALLOWANCES>                                   500,000
<INVENTORY>                                 12,152,000
<CURRENT-ASSETS>                            39,157,000
<PP&E>                                     137,999,000
<DEPRECIATION>                             108,944,000
<TOTAL-ASSETS>                              68,514,000
<CURRENT-LIABILITIES>                       33,163,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   128,657,000
<OTHER-SE>                               (102,943,000)
<TOTAL-LIABILITY-AND-EQUITY>                68,514,000
<SALES>                                     83,949,000
<TOTAL-REVENUES>                            83,949,000
<CGS>                                       61,146,000
<TOTAL-COSTS>                               61,146,000
<OTHER-EXPENSES>                            10,823,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,105,000
<INCOME-PRETAX>                            (5,316,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,316,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,316,000)
<EPS-BASIC>                                   (0.26)
<EPS-DILUTED>                                   (0.26)


</TABLE>
EXHIBIT 31.2  CERTIFICATION  I, David Corcoran, certify that:  1. I have reviewed this annual report on Form 10-KSB of International Barrier Technology 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 officer 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 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.  /s/ David Corcoran David Corcoran CFO/Director October 06, 2006
Exhibit 31.1   

CERTIFICATION PURSUANT TO RULE 13A-4(A)

I, Douglas A. Pertz, Chairman and Chief Executive Officer of IMC Global Inc., certify that:

1.   I have reviewed this quarterly report on Form 10-Q of IMC Global 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 suchstatements 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 quarterly report, fairly present in all material respects the financial condition, results of operations and cashflows 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 registrantand 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, includingits 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 ofthe 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 that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5.   The registrant's other certifying officer 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 theregistrant's board of directors (or persons performing the equivalent function):

       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 controls over financial reporting.

Date: November 13, 2003

              *Douglas A. Pertz *                    Douglas A. PertzChairman and Chief Executive OfficerIMC Global Inc.

*Return to IMC Global Inc. Form10-Q*
First Amendment to Employement Agreement



 Exhibit 10.31 
  
 FIRST AMENDMENT TO 
 EMPLOYMENT AGREEMENT 
  
 This FIRST AMENDMENT TO
EMPLOYMENT AGREEMENT is made as of the 24th day of September, 2004, between PROVIDE COMMERCE, INC., a Delaware corporation and formerly Proflowers, Inc. (the “Company”), and WILLIAM STRAUSS (“Executive”). 
  
 WHEREAS, the Company and Executive previously entered into an Amended and
Restated Employment Agreement dated February 24, 2003 (the “Prior Agreement”). 
  
 WHEREAS, the Company and Executive desire to amend certain terms and conditions set forth in the Prior Agreement, pursuant to this First Amendment to Employment Agreement (collectively, with the Prior Agreement, the
“Agreement”). 
  
 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 as follows: 
  
 1. Section 3(b) of the Prior Agreement is amended in its entirety as follows: 
  
 “(b) Effective beginning with the Company’s 2005
fiscal year, Executive’s annual performance bonus shall be reviewed and determined annually by the Board, or its delegated committee, and shall be determined and adjusted at the sole discretion of the Board or its delegated committee based upon
the Company’s financial performance and achievement of personal objectives.” 
  
 2. Except as set forth in this First Amendment, the Prior Agreement shall remain in full force and effect. 
  
 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 
  

 1 








 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

  

			
	PROVIDE COMMERCE, INC.
		
	By:	 	/S/    JOEL
CITRON        
	 	 	 Joel Citron
 Chairman of the Board



  

			
	EXECUTIVE
		
	 	 	/S/    BILL
STRAUSS        
	 	 	William Strauss


  
 [SIGNATURE PAGE
TO FIRST AMENDMENT TO EMPLOYMENT AGREEMENT] 
  

 2