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



IDM PHARMA, INC.
2008 RETENTION COMPENSATION PLAN
  Plan   Company   Effective Date 
 1. Purpose of the Plan
 2. Definitions
 (a) Base Salary
 (b) Board
 (c) Cause
 (d) Change of Control
 (i)
 1.




---



##### 



(ii)
 (iii)
  (e) Participation Agreement
 (f) Participant
 (g)  Plan Benefits 
 (h)  Qualifying Termination
 (i) Retention Bonus
 (j) Restricted Stock Unit Award .
 (k) Severance Bonus
 (l) Transaction Bonus
 (m) Trigger Date
 2.




---



##### 



3. Operation of the Plan
 4. Eligibility to Participate.
 5. Eligibility for Payment of Plan Benefits.
 (a) Severance Bonus Payments.
 Retention Bonus Payments.
 Transaction Bonus Payments
 Restricted Stock Unit Award.
 3.




---



##### 



Effective Release Requirement. Release
 Section 409A Compliance.
 6. Unsecured Benefits
 7. Parachute Payments.  Payment   Code   Excise Tax  Reduced Amount provided, however,
 4.




---



##### 



8. Right To Interpret, Amend Plan; Other Arrangements.
 (a) Exclusive Discretion.
 (b) Term Of Plan; Amendment; Binding Nature Of Plan.
 (i)
 (ii)
 (iii) provided, however,
 (iv)
 5.




---



##### 



9. No Guarantee of Employment
 10. No Assignment or Transfer by Participant
 11. Governing Law
 12. Withholding of Compensation
 13. Assumption by Acquirer
 6.
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.                  

###### Commodity Futures Trading Commission

# AGENCY HOLDING THE MEETING:

 Commodity Futures Trading Commission.

# TIME AND DATE:

 2 p.m., June 17, 2009.

# PLACE:

 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room.

# STATUS:

 Closed.

# MATTERS TO BE CONSIDERED:

 Enforcement Matters.

# CONTACT PERSON FOR MORE INFORMATION:

 Sauntia S. Warfield, 202-418-5084.

Sauntia S. Warfield, 

Assistant Secretary of the Commission.

[FR Doc. E9-12592 Filed 5-26-09; 4:15 pm]

BILLING CODE 6351-01-P
<PAGE>   1



                                                                   EXHIBIT 10.58

                         RIBOZYME PHARMACEUTICALS, INC.
                              EXECUTIVE BONUS PLAN



1.   Purpose. The Ribozyme Pharmaceuticals, Inc. ("RPI") Executive Bonus Plan
     ("Plan") provides RPI's executive officers the opportunity to earn an
     annual bonus contingent upon an executive officer's satisfactory
     performance as determined by RPI's Compensation Committee of the Board of
     Directors (the "Committee"), the key elements of which are tied to each
     executive achieving certain pre-established goals.

2.   Administration. The Plan shall be administered by the Committee which shall
     have complete authority in its discretion to establish the goals for each
     executive officer, interpret all provisions of the Plan and to make all
     other determinations necessary or advisable for the administration of the
     Plan.

3.   Components. The Committee may award each executive officer of RPI an annual
     bonus comprised of one or more of the following:

     a)   Cash payment;

     b)   Stock options pursuant to RPI's stock option plans; or

     c)   Forgiveness of any portion of the principle of interest-free loans
          provided to the executive officer.

4.   Goals. The Committee may award an annual bonus to an executive officer of
     RPI based upon that executive officer's fulfillment of annual goals
     previously established by the Committee. The Committee shall determine in
     its sole discretion whether an executive officer has fulfilled the
     pre-established goals.

5.   Term. This Executive Bonus Plan is effective as of March 27, 1998, and
     shall continue in effect until terminated by the Committee of the Board of
     Directors of RPI.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7796

WILLIAM ALASCIO,

Plaintiff - Appellant,

versus

WORCESTER COUNTY COMMISSIONERS; JAMES BARRETT;

IRA SHOCKLEY, Warden; ROBERT C. LAMAR, Dr.,

Worcester County Jail,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.

(CA-97-376-JFM)

Submitted: March 12, 1998 Decided: March 26, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William Alascio, Appellant Pro Se. Linda S. Woolf, GOODELL,

DEVRIES, LEECH & GRAY, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying his

motion to reconsider a previous order in which the court granted

summary judgment to defendants in his 42 U.S.C. § 1983 (1994)

action. We have reviewed the record and the district court's opinion and order and find no reversible error. Accordingly, we affirm

on the reasoning of the district court. Alascio v. Worcester County

Comm'rs, No. CA-97-376-JFM (D. Md. Nov. 26, 1997). We dispense with

oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 February 4, 2020

a0127

Order 

Clerk

February 4, 2020

159535(44)

MATTHEW J. ABRAHAM and MATTHEW J.

ABRAHAM PC,

Plaintiffs-Appellants,

v SC: 159535

COA: 342296

Genesee CC: 17-109936-CK

INCORP SERVICES, INC.,

Defendant-Appellee,

and

MADDIN, HAUSER, ROTH & HELLER and

FOX ROTHSCHILD, LLP,

Defendants.

________________________________________/

On order of the Court, the motion for reconsideration of this Court’s September 

30, 2019 order is considered, and it is DENIED, because we are not persuaded that 

reconsideration of our previous order is warranted. MCR 7.311(G).
II 

111TH CONGRESS 

1ST SESSION S. 2658 

To extend temporarily the suspension of duty on strontium magnesium 

phosphate-tin doped inorganic products. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2009 

Mr. BUNNING introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on strontium 

magnesium phosphate-tin doped inorganic products. 

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

3 SECTION 1. STRONTIUM MAGNESIUM PHOSPHATE-TIN 

4 DOPED INORGANIC PRODUCTS. 

5 (a) IN GENERAL.—Heading 9902.22.68 of the Har6 monized Tariff Schedule of the United States (relating to 

7 strontium magnesium phosphate-tin doped inorganic prod8 ucts) is amended by striking the date in the effective pe9 riod column and inserting ‘‘12/31/2011’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 2658 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
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 Amendment
No. 1 to the Quarterly Report of Wolverine Tube, Inc. (the Company) on Form 10-Q for the period ending March 30, 2008 as filed with the Securities and Exchange Commission (the Report), I, Harold M. Karp, Principal
Executive Officer of Wolverine Tube, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

(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.

A signed original of this written statement required by Section 906 has been provided to Wolverine Tube, Inc. and will be retained by Wolverine Tube, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.



/s/ Harold M. KarpHarold M. KarpPrincipal Executive OfficerPresident and Chief Operating OfficerNovember 12, 2008
12832a-060518-v8

Find Out If Your Air Bag 

Is Under Recall

Takata supplied defective air bags to many automakers, resulting in one of the 

largest and most complex recalls in U.S. history. Every defective Takata air bag is 

under recall and will be replaced for FREE. When it’s time to get your vehicle fixed, 

you should get a recall notice with instructions in the mail. Visit NHTSA.gov/recalls

to find out if your vehicle is affected by any recall – Safe Cars Save Lives.

THE FACTS

• To protect the public, all recalled air bags will be replaced for FREE.

• The recalls involve several air bag types, not just one single type, 

all made by a company named Takata. 

• Because so many cars and trucks need to be fixed, a nationwide repair 

schedule has been developed to get the most dangerous air bags 

replaced first. 

• Rest assured, every single recalled air bag will be replaced for FREE. 

THE PROBLEM

• Exposure to high heat and humidity over time can cause metal parts 

inside the air bag to explode and shoot out of the air bag at the driver 

or passengers.

• Testing shows that older air bags in places with hot and humid weather 

are more likely to have an air bag that could explode. 

• For this reason, some recalled air bags are not safe right now and must 

be replaced immediately. Others are not dangerous now, but will need 

to be replaced in the future before they become dangerous.

• Automakers are fixing the most dangerous air bags first. 

WHAT YOU CAN DO

• Visit NHTSA.gov/recalls to find out if your car or truck is under recall. 

Search using your Vehicle Identification Number (VIN). Your search result 

will tell you if your car or truck is included in this recall or any other 

safety recall. 

• Call your local dealer to schedule the FREE repair.

• Sign up at NHTSA.gov/Alerts to be notified if your vehicle is affected by a 

future recall.

• Get answers to frequently asked questions at NHTSA.gov/recallspotlight/takata-air-bags.

i

!

WHERE’S MY VIN?

Look on the lower left (driver’s 

side) of your car’s windshield 

for your 17-character Vehicle 

Identification Number. Your VIN 

is also located on your car’s 

registration card, and it may be 

shown on your insurance card.

These models pose an increased risk to drivers and passengers and must be fixed right away. 

Recalled air bags in model years:

• 2006 Mazda B-Series 

(Mazda Advises Do Not Drive) 

• 2006 Ford Ranger 

(Ford Advises Do Not Drive) 

• 2001-2002 Honda Civic; 

• 2001-2002 Honda Accord; 

• 2002-2003 Acura TL; 

• 2002 Honda CR-V; 

• 2002 Honda Odyssey; 

• 2003 Acura CL; and 

• 2003 Honda Pilot

Drivers of these vehicles should immediately visit 

NHTSA.gov/recalls to check whether their vehicle has any 

outstanding safety recalls. If so, owners should contact 

their nearest dealer to schedule a free and immediate 

repair. Replacement parts for these vehicles are available 

immediately.

 Safe Cars

Save Lives

Visit NHTSA.gov or contact 

NHTSA’s Vehicle Safety Hotline at 888-327-4236.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND 
ON PAGES 1 - 3 OF THE COMPANY'S FORM 10-QSB FOR THE YEAR-TO-DATE AND IS 
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         590,639
<SECURITIES>                                         0
<RECEIVABLES>                                1,266,702
<ALLOWANCES>                                   368,048
<INVENTORY>                                    828,142
<CURRENT-ASSETS>                             2,863,644
<PP&E>                                       8,952,215
<DEPRECIATION>                             (3,364,738)
<TOTAL-ASSETS>                              15,314,269
<CURRENT-LIABILITIES>                        2,608,862
<BONDS>                                      3,241,476
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,089,638
<COMMON>                                       131,078
<OTHER-SE>                                   (425,961)
<TOTAL-LIABILITY-AND-EQUITY>                15,314,269
<SALES>                                              0
<TOTAL-REVENUES>                            15,100,990
<CGS>                                                0
<TOTAL-COSTS>                               14,745,639
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                90,107
<INTEREST-EXPENSE>                             483,545
<INCOME-PRETAX>                              (163,770)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (163,770)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (163,770)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                   (0.06)
        

</TABLE>
***EXHIBIT 32.2***

**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 QuarterlyReport of Wolverine Tube, Inc. (the “Company”) on Form 10-Q for the period ending March 30, 2008 as filed with the Securities and Exchange Commission (the “Report”), I, David A. Owen, Chief Financial Officer of WolverineTube, Inc., certify, pursuant to 18 U.S.C. 

Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the bestof my knowledge and belief: 

(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.

A signed original of this written statement required by Section 906 has been provided to Wolverine Tube, Inc. and will be retained by Wolverine Tube,Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
-  Home 
        -  News 
        -  For Reporters 
        -  Frequent Hemodialysis Network Daily Trial 

For Reporters
-  Media Contacts 
-  Frequent Hemodialysis Network Daily TrialHide child pages    -  Questions & Answers about the Frequent Hemodialysis Network (FHN) Daily Trial 
  -  List of Daily Dialysis Units that participated in the study 

# Frequent Hemodialysis Network Daily Trial

Learn more about the results of the Frequent Hemodialysis Network (FHN) Daily Trial, a long-term study that sought to understand how increasing hemodialysis to six times a week from the standard of three times a week may result in improved heart health. 
          -     NIH News Release:  Daily hemodialysis helps protect kidney patients' hearts 
          -     Q&A:  Frequent Hemodialysis Network (FHN) Daily Trial 
          - Study Participants:  List of Daily Dialysis Units 
          - The New England Journal of Medicine article: " In-Center Hemodialysis Six Times per Week versus Three Times per Week "    
          - The New England Journal of Medicine op-ed: " Daily Dialysis--Lessons from a Randomized, Controlled Trial "
exv10w47



 





EXHIBIT 10.47




AMENDMENT TO THE ESCO TECHNOLOGIES INC.

1999 STOCK OPTION PLAN




WHEREAS, ESCO Technologies Inc. (“Company”) adopted the ESCO Technologies Inc. 1999 Stock Option
Plan (“Plan”); and



WHEREAS, the Company retained the right to amend the Plan pursuant to Section 16 thereof; and



WHEREAS, the Company desires to amend the Plan in accordance with Section 409A of the Internal
Revenue Code of 1986, as amended;



NOW, THEREFORE, effective as of October 3, 2007, the Plan is amended as follows:



1. The last sentence of Section 14(a) is deleted.



IN WITNESS WHEREOF, the foregoing Amendment was adopted on the 3rd day of October, 2007.
The District Court of the 4th Judicial District. County of Missoula.

#### STATE OF MONTANA, Plaintiff, vs. DALE HINKLEY, Defendant.

CAUSE NO. DC-07-405 DECISION

On January 6, 2010, the defendant was sentenced to a commitment to the Department of Corrections for a term of five (5) years, for violation of the conditions of a suspended sentence, for the offense of Count I: Driving Under the Influence of Alcohol, Fourth or Subsequent Offense, a felony.

On May 6,2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Eric Olson. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Done in open Court this 6th day of May, 2010.

DATED this 26th day of May, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.
#### Nigel Harris et al., Respondents, v Lanai House, Inc., Respondent, and Maroney Landscaping, Inc., Appellant.

[974 NYS2d 118]

In an action to recover damages for personal injuries, etc., the defendant Maroney Landscaping, Inc., appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated March 30, 2012, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court did not err in denying the motion of the defendant Maroney Landscaping, Inc. (hereinafter Maroney), for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. Pursuant to a written contract with the defendant Lanai House, Inc. (hereinafter Lanai), Maroney was responsible for removing snow from the parking lot where the injured plaintiffs accident occurred. The plaintiffs alleged facts in their complaint and bill of particulars in support of their allegation that Maroney created or exacerbated an alleged dangerous condition. In support of its motion for summary judgment, Maroney was, therefore, required to establish, prima facie, that it did not create or exacerbate an alleged dangerous condition *(see Benavides v 30*Brooklyn, *LLC,*96 AD3d 889, 890 [2012]; *Gushin v Whispering Hills Condominium I,*96 AD3d 721, 722 [2012]).

Maroney failed to establish that it did not create or exacerbate a dangerous condition by pushing snow behind parked cars. Whether Maroney’s snow removal efforts created or exacerbated a dangerous condition and, thus, launched a force or instrument of harm, is a question of fact for a jury *(see Gushin v Whispering Hills Condominium I,*96 AD3d at 722; *Elsey v Clark Trading Corp.,*57 AD3d 1330, 1332 [2008]; *Torosian v Bigsbee Vil. Homeowners Assn.,*46 AD3d 1314, 1316 [2007]; *Keese v Imperial Gardens Assoc., LLC,*36 AD3d 666, 668 *604[2007]). Since Maroney failed to make a prima facie showing of entitlement to judgment as a mater of law, we need not examine the sufficiency of the opposition papers *(see Mosca v OCE Holding, Inc.,*71 AD3d 1103 [2010]). Rivera, J.E, Balkin, Chambers and Sgroi, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the December
31,  1997  Form  10-K  and  is  qualified  in  its entirety by reference to such
financial  statements.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                                     <C>
<PERIOD-TYPE>                           YEAR
<FISCAL-YEAR-END>                       DEC-31-1998
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            DEC-31-1998
<CASH>                                       36431 
<SECURITIES>                               4243978 
<RECEIVABLES>                                64424 
<ALLOWANCES>                                  2046 
<INVENTORY>                                      0
<CURRENT-ASSETS>                              1846 
<PP&E>                                           0
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                             4344633 
<CURRENT-LIABILITIES>                      4032810 
<BONDS>                                          0
<COMMON>                                       220 
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                  65805 
<OTHER-SE>                                  245798 
<TOTAL-LIABILITY-AND-EQUITY>               4344633 
<SALES>                                          0
<TOTAL-REVENUES>                            286754 
<CGS>                                            0
<TOTAL-COSTS>                                    0
<OTHER-EXPENSES>                              6035 
<LOSS-PROVISION>                              2032 
<INTEREST-EXPENSE>                          255992 
<INCOME-PRETAX>                              22695 
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                          22695 
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                    22695 
<NET-INCOME>                                     0
<EPS-PRIMARY>                                  .75 
<EPS-DILUTED>                                  .75 
        

</TABLE>