alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.34

 

FIRST AMENDMENT TO RESTRICTED STOCK AWARD AGREEMENT

 

THIS FIRST AMENDMENT (the “First Amendment”) is entered into as of this 1st day of November, 2012 (“Effective Date”) by and between General Growth Properties, Inc., a Delaware corporation (the “Company”), and Sandeep Mathrani (the “Participant”).

 

WHEREAS, the Company and the Participant entered into an agreement entitled Restricted Stock Award Agreement dated November 9, 2010 (the “Agreement”); and

 

WHEREAS, the parties desire to amend the Agreement, in certain particulars;

 

NOW, THEREFORE, in consideration of the premises and the covenants hereinafter set forth, the parties agree that the Agreement is hereby amended as follows, effective on the date hereof:

 

Section 3(a) of the Agreement, Vesting of Restricted Stock, is hereby deleted in its entirety and replaced with the following:

 

Vesting Schedule. Subject to Participant’s continued employment with the Company or one of its affiliates through the applicable vesting date and the terms of the Plan, one third (1/3) of the Restricted Shares shall vest on the first anniversary of the Date of Grant and two thirds (2/3) of the Restricted Shares shall vest on the third anniversary of the Date of Grant.  Upon vesting these shares will be nonforfeitable, the Participant shall have all of the rights of a stockholder, and such number of shares shall be delivered to the Participant (or, where applicable, the Participant’s legal representative).

 

If any provision of this First Amendment conflicts with any provisions of the Agreement, the provisions of this First Amendment shall prevail. Except as hereby amended, the capitalized terms appearing in this First Amendment shall have the same meaning assigned in the Agreement.  Except as hereby amended, all other terms of the Agreement remain in full force and effect.

 

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

 

	
General   Growth Properties, Inc.
    	
 
    	
Sandeep   Mathrani
    
	
 
    	
 
    	
 
    
	
/s/   Marvin J. Levine
    	
 
    	
/s/   Sandeep Mathrani
    
	
By:
    	
Marvin   J. Levine
    	
 
    	
 
    
	
Title:
    	
Executive   Vice President and
   Chief Legal Officer
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

Ford consented to proceed before a magistrate judge. See 28 U.S.C. **

§ 636(c).

 *** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

HAROLD FORD,

 Plaintiff - Appellant,

 v.

IDAHO STATE BAR; et al.,

 Defendants - Appellees.

No. 10-35861

D.C. No. 1:09-cv-00640-MHW

MEMORANDUM*

Appeal from the United States District Court

for the District of Idaho

Mikel H. Williams, Magistrate Judge, Presiding**

Submitted February 28, 2012*** 

Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges.

Harold Ford appeals pro se from the district court’s judgment dismissing his

42 U.S.C. § 1983 action challenging Idaho state bar decisions resolving his claims

FILED

MAR 12 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-35861

against a former attorney for misconduct and reimbursement of attorney’s fees. 

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Noel v. Hall,

341 F.3d 1148, 1154 (9th Cir. 2003) (Rooker-Feldman doctrine); Barren v.

Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28

U.S.C. § 1915(e)(2)). We affirm.

The district court properly dismissed Ford’s action as barred by the RookerFeldman doctrine because the action is a “forbidden de facto appeal” of state bar

decisions, and raises constitutional claims that are “inextricably intertwined” with

those decisions. Noel, 341 F.3d at 1158; Bianchi v. Rylaarsdam, 334 F.3d 895,

898 (9th Cir. 2003) (concluding that the district court lacked jurisdiction where the

plaintiff “essentially asked the federal court to review the state court’s denial in a

judicial proceeding, and to afford him the same individual remedy he was denied in

state court” (internal citation and quotation marks omitted)).

Ford’s remaining contentions are unpersuasive.

AFFIRMED.
---

Exhibit 31.2

CERTIFICATION PURSUANT TOSECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

I, Rafeh Hulays, certify that:

1.          
I have reviewed this quarterly report on Form 10-QSB of Pointstar Entertainment
Corp.;

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 small business issuer as
of, and for, the periods presented in this report;

4.          
The small business issuer's other certifying officer(s) 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 small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5.          
The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 small business issuer'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 small business issuer's internal control over
financial reporting.

Dated September 11, 2007.

*/s/ Rafeh Hulays*
  Rafeh Hulays 
  Chief Financial Officer 
  (Principal Financial Officer)

---
I 

108TH CONGRESS 

2D SESSION H. R. 5309 

To extend the filing deadline for certain Medicare claims to account for 

a delay in processing adjustments from secondary payor status to primary payor status. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004 

Mr. COSTELLO introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To extend the filing deadline for certain Medicare claims 

to account for a delay in processing adjustments from 

secondary payor status to primary payor status. 

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

3 SECTION 1. EXTENDING THE FILING DEADLINE FOR CER4 TAIN MEDICARE CLAIMS TO ACCOUNT FOR A 

5 DELAY IN PROCESSING ADJUSTMENTS FROM 

6 SECONDARY TO PRIMARY PAYOR STATUS. 

7 (a) EXTENSION OF CLAIMS FILING PERIOD.—Not8 withstanding sections 1814(a)(1) and 1835(a)(1) of the 
2 

•HR 5309 IH 

1 Social Security Act (42 U.S.C. 1395f(a)(1), 1395n(a)(1)), 

2 claims described in subsection (b) may also be filed under 

3 parts A and B of title XVIII of the Social Security Act 

4 during the 1-year period beginning on the date of the en5 actment of this Act. 

6 (b) CLAIMS DESCRIBED.—For purposes of subsection 

7 (a), a claim described in this subsection is a claim for 

8 items and services that are furnished— 

9 (1) on or after January 1, 1987, and before 

10 August 10, 1993; and 

11 (2) to an individual during the period beginning 

12 on the date the individual’s status under section 

13 1862(b)(2) of the Social Security Act (42 U.S.C. 

14 1395y(b)(2)) changes from having a group health 

15 plan that is primary plan to no longer having such 

16 a plan that is a primary plan and ending on the date 

17 of completion of the change of status. 

Æ
<PAGE>

                                                                    EXHIBIT 21.1

                           SUBSIDIARIES OF REGISTRANT


NAME OF SUBSIDIARY (JURISDICTION)                                OWNERSHIP
---------------------------------                                ---------
  IVANHOE ENERGY HOLDINGS INC. (Nevada)                          100%
    IVANHOE ENERGY (USA) INC. (Nevada)                           100% (indirect)
         Digital Petrophysics Resources, Inc. (Nevada)           100% (indirect)
         Consultants Royalty Management, Inc. (California)       100% (indirect)
         Digital Petrophysics, Inc. (California)                 100% (indirect)
    IVANHOE ENERGY ROYALTY INC. (Nevada)                         100% (indirect)
    DIATOM PETROLEUM, INC. (Nevada)                              100% (indirect)

  IVANHOE ENERGY INTERNATIONAL VENTURES INC. (BVI)               100%
         Ivanhoe Energy Sweetwater Limited (Malta)               100% (Indirect)
         Ivanhoe Energy (Qatar) Inc. (BVI)                       100% (Indirect)

  IVANHOE ENERGY INTERNATIONAL INC. (B.V.I.)                     100%
         KUBAN PETROLEUM (CYPRUS) LIMITED (Cyprus)               100% (Indirect)
         CEDAR VALLEY PETROLEUM (CYPRUS) LIMITED (Cyprus)        100% (Indirect)

  SUNWING HOLDING CORPORATION                                    100%
         Sunwing Energy Ltd. (Bermuda)                           100% (Indirect)
                  Sunwing Management Limited (Hong Kong)         100% (indirect)
                  Pan-China Resources Ltd. (BVI)                 100% (indirect)
                  Dagang Resources Ltd. (BVI)                    100% (indirect)

  IVANHOE ENERGY ADVISORY INC. (BVI)                                      100%
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: February 5, 2015 5 18816

________________________________ In the Matter of ERIC TOLLIVER, Appellant, v MEMORANDUM AND ORDER BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

________________________________ Calendar Date: December 2, 2014 Before: Lahtinen, J.P., McCarthy, Egan Jr. and Devine, JJ.

__________ Eric Tolliver, Fallsburg, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

__________ Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 11, 2014 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating two prison disciplinary rules. Supreme Court dismissed the petition. Because we are precluded from conducting a meaningful review due to transcription errors, we reverse (see Matter of Tolliver v Fischer, 105 AD3d 1239, 1239 [2013]). Sections of the transcript of the disciplinary hearing are clearly out of order, as noted by the nonchronological dates recited by the Hearing Officer.-2- 518816

Portions of questioning of at least two witnesses appear to be missing, although the extent of the missing information is unclear. Petitioner was permitted to read what was described as a three-page statement into the record, but his recitation is cut off mid-sentence at the bottom of a page; the Hearing Officer cited this statement as evidence that he relied upon in rendering his decision. Although expungement is not required here, the failure to properly record the entire hearing, including potentially significant evidence, requires annulment and remittal for a new hearing (see id. at 1239-1240; Matter of La Van v New York State Dept. of Correctional Servs., 47 AD3d 1153, 1153 [2008]; Matter of Douglas v Goord, 24 AD3d 922, 923 [2005]). Lahtinen, J.P., McCarthy, Egan Jr. and Devine, JJ., concur.

ORDERED that the judgment is reversed, on the law, without costs, petition granted, determination annulled and matter remitted to respondent for further proceedings not inconsistent with this Court's decision.

ENTER:

Robert D. Mayberger Clerk of the Court
6 2

Table 22. Work experience of the population by sex and full- and part-time status, selected years, 1970-2003

(Percent distribution)

Year

Total

Total, both sexes 

1970...................... 138,953 93,850 67.5 100.0 79.4 55.6 23.8 20.6 6.7 13.9 

1975...................... 153,180 102,603 67.0 100.0 78.9 54.3 24.6 21.2 7.5 13.7 

1980...................... 169,452 115,752 68.3 100.0 78.5 56.1 22.4 21.4 7.7 13.7 

1985...................... 179,944 123,466 68.6 100.0 78.2 58.7 19.5 21.9 8.3 13.6 

1990...................... 189,238 132,562 70.1 100.0 78.8 60.4 18.4 21.3 8.7 12.6 

1995...................... 199,925 138,971 69.5 100.0 78.6 62.9 15.7 21.3 9.1 12.2 

20001

..................... 214,292 150,787 70.4 100.0 80.4 66.7 13.7 19.5 9.3 10.2 

2003...................... 222,509 150,689 67.7 100.0 79.8 66.3 13.5 20.2 10.2 10.0 

Women

1970...................... 73,657 38,809 52.7 100.0 67.9 40.7 27.2 32.2 10.1 22.1 

1975...................... 80,834 43,511 53.8 100.0 67.1 41.4 25.7 32.8 11.7 21.1 

1980...................... 89,259 51,492 57.7 100.0 67.7 44.7 23.0 32.3 11.9 20.4 

1985...................... 94,490 56,165 59.4 100.0 68.1 48.9 19.2 31.8 12.3 19.5 

1990...................... 98,970 61,494 62.1 100.0 69.8 51.5 18.3 30.2 12.8 17.4 

1995...................... 104,058 65,304 62.8 100.0 70.2 54.3 15.9 29.7 13.3 16.4 

20001

..................... 111,440 71,341 64.0 100.0 72.9 58.4 14.5 27.1 13.4 13.7 

2003...................... 115,269 71,150 61.7 100.0 72.1 58.8 13.3 27.9 14.5 13.4 

Men

1970...................... 65,296 55,041 84.3 100.0 87.6 66.1 21.5 12.4 4.4 8.0 

1975...................... 72,346 59,091 81.7 100.0 87.5 63.8 23.7 12.5 4.4 8.1 

1980...................... 80,193 64,260 80.1 100.0 87.2 65.2 22.0 12.8 4.4 8.4 

1985...................... 85,454 67,301 78.8 100.0 86.5 66.8 19.7 13.5 4.8 8.7 

1990...................... 90,269 71,068 78.7 100.0 86.4 68.0 18.4 13.5 5.1 8.4 

1995...................... 95,867 73,667 76.8 100.0 86.2 70.6 15.6 13.9 5.5 8.4 

20001

..................... 102,853 79,446 77.2 100.0 87.5 74.2 13.3 12.6 5.5 7.1 

2003...................... 107,241 79,539 74.2 100.0 86.8 73.0 13.8 13.2 6.3 6.9 

Total

Usually work part time

Total

Population 

(in 

thousands)

With work experience

Total (in 

thousands)

With work experience

50 to 52

weeks

1 to 49

weeks

50 to 52

weeks

1 to 49

weeks

Percent of 

population

Usually work full time

1

 The comparability of historical labor force data has been affected at various times by methodological and conceptual changes

in the Current Population Survey (CPS). For an explanation, see

the “Explanatory Notes and Estimates of Error” section of Employment and Earnings, a monthly BLS periodical.

NOTE: See Technical Note for an explanation of the work experience concept.
35

Table 12. Percent distribution of employed women by occupation, race, and Hispanic or Latino ethnicity,

2005 annual averages

 Total, 16 years and over (thousands)............................................ 53,186 8,158 2,885 7,295

 Percent................................................................................... 100.0 100.0 100.0 100.0

Management, professional, and related occupations ............................... 38.8 30.4 44.5 22.4

Management, business, and financial operations occupations ............. 13.6 10.0 15.6 7.9

Professional and related occupations ................................................... 25.2 20.4 29.0 14.4

Service occupations ................................................................................ 19.0 27.3 18.2 30.5

Sales and office occupations ................................................................... 35.1 33.4 28.7 33.0

Sales and related occupations ............................................................. 12.5 11.0 11.9 12.3

Office and administrative support occupations ..................................... 22.6 22.4 16.8 20.7

Natural resources, construction, and maintenance occupations .............. 1.1 .9 .7 2.0

Farming, fishing, and forestry occupations ........................................... .4 .2 .3 1.0

Construction and extraction occupations .............................................. .4 .3 .1 .7

Installation, maintenance, and repair occupations ................................ .3 .4 .3 .3

Production, transportation, and material moving occupations .................. 5.9 8.0 7.9 12.1

Production occupations ........................................................................ 4.0 5.3 6.7 8.5

Transportation and material moving occupations ................................. 1.9 2.7 1.2 3.6

Hispanic or 

Latino 

ethnicity

Occupation White

Black or 

African 

American

Asian

 SOURCE: Current Population Survey, U.S. Department of Labor, Bureau of Labor Statistics
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Jan Aaron Sigurgeirson, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Coastal Media Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly 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 cash
     flows of the registrant as of, and for, the period presented in this
     quarterly report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; 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; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
10th day of May, 2007.


/s/ Jan Aaron Sigurgeirson
---------------------------------
Chief Executive Officer
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 on Form 10-Q of China Healthcare
Acquisition Corp. (the “Company”) for the period ended March 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
Alwin Tan, Chief Executive Officer of the Company, certifies, 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, as amended; 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/
      Alwin TanAlwin
      Tan, Chief Executive OfficerMay
      15, 2009
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
  1.
    
    the report on Form 10-Q of Viad Corp for the fiscal quarter ended March 31, 2009 (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and2.
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of Viad Corp.
 Date: May 8, 2009
    By /s/ Ellen M. IngersollEllen M. IngersollChief Financial Officer