alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.4




 Exhibit 10.4 
  





 
 August 15, 2022 
 Pablo
Koziner 
 [Address] 
 Re: Amendment to
Executive Employment Agreement effective December 22, 2020, by and between Nikola Corporation and Pablo Koziner (the “Employment Agreement”) 

Dear Pablo: 
 I am pleased to provide you this
amendment to the Employment Agreement (the “Amendment”) reflecting certain changes to the terms of your employment as follows (defined terms shall have the meanings specified in the Employment Agreement unless otherwise defined herein):

 Annual Salary. Effective as of the date hereof, your annual salary will be increased from $1 to $450,000, paid bi-weekly less payroll deductions and all required withholdings. 
 Stock Awards. Under the
Employment Agreement, you are eligible for annual grants of Time-Vested Awards subject to Board approval having a value on the date of grant of not less than $3,100,000, and you received a Performance Award subject to stock price milestones and
continued employment during a Performance Period ending June 3, 2023. The following amendments supersede applicable provisions of the Employment Agreement: 
  

	 	(1)	 Commencing with the annual grants in 2023, fifty percent (50%) of such annual grant will consist of a
Time-Vested Award subject to vesting restrictions which will lapse annually over a three-year period starting on the grant date subject to your continued employment, and fifty percent (50%) of such annual grant will consist of a performance award
subject to such employment and performance based milestones as shall be determined by the Board in its discretion. 


  

	 	(2)	 Subject to Board approval, your Performance Award will be amended to (A) cancel the portion of the award
that can be earned upon the achievement of the stock price milestones of $40 and $55 (consisting of an aggregate of 1,420,155 shares) and (B) extend the Performance Period applicable to the 400,557 shares subject to the $25 stock price
milestone by twelve (12) months, from June 3, 2023 to June 3, 2024. Other than as modified pursuant to the preceding sentence, the Performance Award will continue to be governed in all respects by the terms and conditions of the Plan
and the applicable Award Agreement. 


 Except as expressly modified by this Amendment, all of the terms and provisions of
the Employment Agreement are and shall remain unchanged and in full force and effect, on the terms and subject to the conditions set forth therein. 











 I am pleased to confirm the terms of this Amendment to you on behalf of the Company. Please
sign and date this Amendment to confirm your agreement to the terms described above and return it to joe.pike@nikolamotor.com. For the purposes of this Agreement, a facsimile or electronic signature shall serve as an original. 

Sincerely, 
  

			
	NIKOLA CORPORATION
		
	BY:	 	/s/ Michael Lohscheller
	Name: Michael Lohscheller
	Its: President

  

					
	Accepted:	 		 	
			
	/s/ Pablo Koziner	 		 	8/15/2022
	Pablo Koziner	 		 	Date


  
 - 2 -
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne  Energy Income  Limited Partnership  II-F  ("Issuer") for the period
ending  September 30, 2003 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 14th day of November, 2003.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-F
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


     A signed  original of this  written  statement  required by Section 906 has
been  furnished to Geodyne Energy Income  Limited  Partnership  II-F and will be
retained by Geodyne Energy Income Limited  Partnership II-F and furnished to the
Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000826345
<NAME> GEODYNE ENERGY INCOME LIMITED PARTNERSHIP II-B
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         732,492
<SECURITIES>                                         0
<RECEIVABLES>                                  552,104
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,284,596
<PP&E>                                      22,232,928
<DEPRECIATION>                              18,773,293
<TOTAL-ASSETS>                               4,904,334
<CURRENT-LIABILITIES>                           93,038
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   4,725,098
<TOTAL-LIABILITY-AND-EQUITY>                 4,904,334
<SALES>                                      1,079,349
<TOTAL-REVENUES>                             1,083,413
<CGS>                                                0
<TOTAL-COSTS>                                1,078,413
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  5,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              5,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,000
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.2

Certification



Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:

> (1) I have reviewed the Quarterly Report on Form 10-Q of Inland Land Appreciation Fund, L.P.  (the "Report") to which this statement is an Exhibit;
> 
> (2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
> 
> (3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund, L.P.

|By:    | Inland Real Estate Investment Corporation                         
|------ | ------------------------------------------------------------------
|       | General Partner                                                   
|       |                                                                   
|       | /S/ Kelly Tucek                                                   
|       |                                                                   
|Name:  | Kelly Tucek                                                       
|Title: | Vice President of the General Partner and                         
|       | principal financial officer of Inland Land Appreciation Fund, L.P.
|Date:  | November 12, 2004
[982 NE2d 594, 958 NYS2d 674]

#### In the Matter of Stray from the Heart, Inc., Appellant, v Department of Health and Mental Hygiene of the City of New York et al., Respondents.

Argued November 13, 2012;

decided December 11, 2012

*947APPEARANCES OF COUNSEL

*Kaye Scholer LLP,*New York City *(Catherine St. John, H. Peter Haveles, Jr., Juan Garcia*and *Joseph Clark*of counsel), for appellant.

*Michael A. Cardozo, Corporation Counsel,*New York City *(Avshalom Yotam, Karen M. Griffin*and *Francis F. Caputo*of counsel), for respondents.

*Jimmy Yan, General Counsel, Office of the Manhattan Borough President,*New York City, amicus curiae.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

When a statute or local law does not expressly authorize a private right of action, the inquiry becomes whether the plaintiff is one of the class for whose particular benefit the law was enacted, whether recognition of a private right of action would promote the legislative purpose, and whether creation of such a right would be consistent with the legislative scheme *(see Uhr v*
      *948
      *East Greenbush Cent. School Dist.,*94 NY2d 32, 38 [1999]). It is clear from the legislative findings here (former Administrative Code of City of NY § 17-801) that the Animal Shelters and Sterilization Act was enacted for the benefit of the general public in New York City and for the safety of unwanted dogs and cats. Petitioner, an animal rescue organization “whose mission is to rescue, rehabilitate and place homeless dogs with loving new families,” does not belong to the class for whose specific benefit the law was enacted. Rather, petitioner alleges that it did work and bore costs that would have been unnecessary if the City had fulfilled the duty enjoined upon it by operation of that law. While petitioner’s work is commendable, the law does not provide for damages under such circumstances. Assuming, without deciding, that petitioner had standing to seek enforcement of the Animal Shelters and Sterilization Act, it has no private right of action for money damages, the only relief it seeks on this appeal.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.

Order affirmed, with costs, in a memorandum.
<TABLE> <S> <C>

<ARTICLE>                      5
<CIK>                          0000854062
<NAME>                         GEODYNE ENERGY INCOME LTD PSHP II-H

<S>                            <C>
<PERIOD-TYPE>                  6-MOS
<FISCAL-YEAR-END>              DEC-31-2000
<PERIOD-START>                 JAN-01-2000
<PERIOD-END>                   JUN-30-2000
<CASH>                            162,922
<SECURITIES>                            0
<RECEIVABLES>                     203,386
<ALLOWANCES>                            0
<INVENTORY>                             0
<CURRENT-ASSETS>                  366,308
<PP&E>                          5,630,318
<DEPRECIATION>                  4,780,991
<TOTAL-ASSETS>                  1,233,707
<CURRENT-LIABILITIES>              15,119
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                                0
<OTHER-SE>                      1,207,572
<TOTAL-LIABILITY-AND-EQUITY>    1,233,707
<SALES>                           533,848
<TOTAL-REVENUES>                  545,927
<CGS>                                   0
<TOTAL-COSTS>                     231,230
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                      0
<INCOME-PRETAX>                   314,697
<INCOME-TAX>                            0
<INCOME-CONTINUING>               314,697
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                      314,697
<EPS-BASIC>                          3.23
<EPS-DILUTED>                           0



</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3556 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3556

     To amend the Internal Revenue Code of 1986 to allow the work 
 opportunity credit to small businesses which hire individuals who are 
            members of the Ready Reserve or National Guard.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2010

Mr. Brownback (for himself and Mr. Bond) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To amend the Internal Revenue Code of 1986 to allow the work 
 opportunity credit to small businesses which hire individuals who are 
            members of the Ready Reserve or National Guard.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hire A Hero Act of 2010''.

SEC. 2. WORK OPPORTUNITY CREDIT TO SMALL BUSINESSES FOR HIRING MEMBERS 
              OF READY RESERVE OR NATIONAL GUARD.

    (a) In General.--Paragraph (1) of section 51(d) of the Internal 
Revenue Code of 1986 is amended by striking ``or'' at the end of 
subparagraph (H), by striking the period at the end of subparagraph (I) 
and inserting ``, or'', and by adding at the end the following new 
subparagraph:
                    ``(J) in the case of an eligible employer (as 
                defined in section 408(p)(2)(C)(i)), an individual who 
                is a member of--
                            ``(i) the Ready Reserve (as described in 
                        section 10142 of title 10, United States Code), 
                        or
                            ``(ii) the National Guard (as defined in 
                        section 101(c)(1) of such title 10).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by this section shall 
        apply to wages paid or incurred after the date of the enactment 
        of this Act in taxable years ending after such date.
            (2) Current employees covered by credit.--For purposes of 
        applying section 51 of the Internal Revenue Code of 1986, 
        individuals described in section 51(d)(1)(J) of such Code, as 
        added by this Act, who are employed by an eligible employer (as 
        defined in section 408(p)(2)(C)(i) of such Code) on the date of 
        the enactment of this Act shall be treated as beginning work 
        for such employer on such date.
                                 <all>
```
97-816.

#### Villa v. Anderson.

In Habeas Corpus. *Sua sponte,*cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
#### The People of the State of New York, Respondent, v Miguel Tirado, Appellant.

[977 NYS2d 664]

Motion for writ of *1384error corana nobis denied. Present — Scudder, EJ., Centra, Fahey, Sconiers and Whalen, JJ.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T WE NP I NG Z HU , P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 73631 A ge nc yN o. A 095- 445- 303 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d June 29, 2010 ** B efo re: A L A R C Ó N , L E A V Y , an dG R A B E R , C i rcu i tJu d g es. W e npi ng Z hu, ana t i ve a nd c i t i z e n of C hi na , pe t i t i ons f

orr e vi e w of

the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order di sm i ss i ng hi s app ea l fr om an i m m i gr a t i on j udge ’ s de c i s i on de ny i ng hi s appl i c a t i on f ora s y l um a nd w i thhol di ng of r e m ova l . W e ha ve j ur i s di c t i on unde r8 U . S . C . § 1252. W e r e vi e w f or 

# FI LED JU L 19 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS07- 73631 2 s ub s tan tia l e v id e n c e f

a c tu a l f in d in g s . T

ekle v . Mukasey , 5 3 3 F .3 d1 0 4 4 , 1 0 5 1 ( 9 th C i r . 2 0 0 8 ) . We d e n yth e p e t i t i o n f o rr e v i e w. S ubs t ant i a l e vi de nc e s upport s the B I A ’ s a dve r s e c r e di bi l i tyde t e rm i na t i on be c aus e the i nc ons i s t e nc i e s r e gar di ng the t i m i ng and l e ngth of Z hu’ s de t e nt i on go to th e h e art o f

h is c la im . See Kau r v . G on zales , 41 8 F . 3d 10 61 , 10 67 (9th C i r. 2005) ( c onc l udi ng the di s c r e panc i e s w e r e s i gni f i c antbe c aus e the yi nvol ve d one of the f e w i nt e r a c t i ons be tw e e n the pe t i t i one ra nd the pol i c e ) . I n the abs e nc e of c r e d ib le e v id e n c e , Z h u h a s f a ile dto s h o w e lig ib ilityf o ra s y lu m o rw ith h o ld in g . Se e Fa ra h v . A s h c r o

ft , 3 4 8 F .3 d1 1 5 3 , 1 1 5 6 ( 9 th C ir . 2 0 0 3 ) . Z h u d o e s n o t c h a lle n g e th e B I A ’s d e n ia l o f h is C A T c la im . See M a rt i n ezSe rra n o v . I

NS , 9 4 F .3 d1 2 5 6 , 1 2 5 9 - 6 0 ( 9 th C ir . 1 9 9 6 ) ( is s u e s n o t s p e c if ic a lly ar gu ed ar e dee m ed w ai ved). W e l ac k j uri sdi ct i on t o con si der Z hu ’ s c l ai m thatthe IJdem on strat ed bi as b e c au s e th i s i s s u e wa s n o te x h au s t e db e f o r e th e B I A. Se e B a rr o n v . A s h c r o ft , 358 F . 3d 67 4, 67 7-78 (9th C i r. 20 04 ). P E T I T I ON F OR RE V I E W DE NI E D.
Exhibit 99.2

Section 906 Certification

Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:

(1) I have reviewed the Quarterly Report on Form 10-Q of Inland Land Appreciation Fund, L.P.  (the "Report") to which this statement is an Exhibit;

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

(3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund, L.P. 

 

By: Inland Real Estate Investment Corporation

       General Partner

/S/ Kelly Tucek____________________________________

Name: Kelly Tucek

Title: Assistant Vice President of the General Partner and

         Principal Financial Officer of Inland Land Appreciation Fund, L.P.

Date: November 12, 2002
#### The People of the State of New York, Respondent, v Wayne James, Also Known as Carl Wayne James, Appellant.

Submitted February 25, 2013;

decided April 30, 2013

Motion for leave to appeal dismissed as untimely *(see*CPLR 5513 [b]).
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 State

          - [Public Notice 6773]

*Notice:*                     Amendment to original Request for Grant Proposals (RFGP) (Critical Language Scholarships for Intensive Summer Institutes—Reference Number ECA/A/E-10-01).                

*Summary:*                     The United States Department of State, Bureau of Educational and Cultural Affairs, announces revisions to the original RFGP (Public Notice 6640) announced in the                     **Federal Register**                     on Thursday, May 28, 2009 (                    **Federal Register**                     Volume 74, Number 101):                

(1) Due to a typographic error on page 25600, Section II. Award Information, it should be noted that the anticipated award date is October 1, 2009 and not October 1, 2010. This section should read: “Anticipated Award Date: Pending availability of funds, the proposed start date is October 1, 2009.”

(2) The deadline for proposals for Critical Language Scholarships for Intensive Summer Institutes has been extended to July 17, 2009.

(3) All other terms and conditions of the original RFGP remain the same. 

*Additional Information:*                     As stated in the original RFGP, interested organizations should contact Heidi Manley, Program Officer at 202-453-8534 or by e-mail at                     *ManleyHL@state.gov*                     for additional information regarding the Critical Language Scholarships for Intensive Summer Institutes prior to the application deadline.                

Dated: June 12, 2009.

C. Miller Crouch,

Acting Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. E9-14339 Filed 6-17-09; 8:45 am]

BILLING CODE 4710-05-P
Order entered May 7, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-00589-CV

GREYHOUND LINES, INC., Appellant

V.

JANIE REEVES, Appellee

On Appeal from the 193rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. 09-09239

ORDER

Before the Court is appellant’s May 3, 2013 unopposed motion for extension of time to 

file reply brief. Appellant’s motion is GRANTED. Appellant’s reply brief shall be filed on or 

before May 10, 2013. 

/s/ ELIZABETH LANG-MIERS 

JUSTICE