alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 24, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-60597 Summary Calendar

ELEONORA PONCE GARCIA; ORIANA N. HERNANDEZ PONCE, Petitioners,

versus ALBERTO R. GONZALES, U. S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A97 186 886 BIA No. A97 186 887

-------------------- Before JOLLY, DAVIS and OWEN, Circuit Judges.
PER CURIAM: *
Eleonora Ponce Garcia and her minor child Oriana N. Hernandez Ponce, who are natives and citizens of Venezuela, petition for review of the order of the Board of Immigration Appeals (BIA) dismissing their appeal of the immigration judge’s (IJ) decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT).No. 05-60597 -2- Ponce Garcia has abandoned the issue that the IJ erroneously determined that she suffered no past persecution by failing to provide any argument to support her assertion. See Rodriguez v.
INS , 9 F.3d 408, 414 n.15 (5th Cir. 1993). Ponce Garcia also asserts that the IJ erred in denying her asylum application on the basis that she had not established a well-grounded fear of future persecution. Given that Ponce Garcia’s immediate supervisors at her previous job with the general directorate of education in the Venezuelan state of Miranda also spoke out against the government of Hugo Chavez and have remained unharmed and employed in their prominent statepositions, Ponce Garcia has not shown that she possesses a wellgrounded fear of future persecution. See Guevara-Flores v. INS , 786 F.2d 1242, 1249 (5th Cir. 1986). We uphold the BIA’s determination that Ponce Garcia failed to carry her burden of establishing her eligibility for asylum as it is supported by substantial evidence. See Ontunez-Tursios v.
Ashcroft , 303 F.3d 341, 350-51 (5th Cir. 2002) . Because Ponce Garcia does not specifically the challenge the denial of relief insofar as she sought withholding of removal or relief under the CAT, such claims are deemed abandoned. See Rodriguez , 9 F.3d at 414 n.15. The petition for review is DENIED.
exv10w5w1





EXHIBIT 10.5.1


WESTERN REFINING, INC.


AMENDMENT NO. 1 TO

EMPLOYMENT AGREEMENT


               This Amendment No. 1 to Employment Agreement (the “Amendment”) is effective December 31, 2008
(the “Effective Date”) by and between Western Refining GP, LLC (“Western”) and Lowry Barfield
(“Executive”) and confirms the following Amendment No. 1 to Employment Agreement:



	 	1.	 	The following paragraph shall be added to the end of the “Change in Control”
definition set forth under Section 1.1:




               Notwithstanding any other provision set forth in the Agreement, for purposes of any amount or
award that is subject to Code Section 409A, a “Change in Control” as defined above will not be
treated as a change in control unless it also is a change in control as defined in the regulations
issued under Code Section 409A.




	 	2.	 	Except as expressly modified by this Amendment, the terms and conditions of the
Agreement remain in full force and effect.




	 	 	 	 	 	 	 
	 	 	WESTERN REFINING GP, LLC	 	 
	 
	 	 	 	 	 	 
	 
	 	By:
	 	/s/ Paul L. Foster
 

	 	 
	 
	 	Name:
	 	Paul L. Foster	 	 
	 
	 	Title:
	 	Chief Executive Officer	 	 
	 
	 	 	 	 	 	 
	 	 	EXECUTIVE	 	 
	 
	 	 	 	 	 	 
	 
	 	By:
	 	/s/ Lowry Barfield
 

	 	 
	 
	 	Name:
	 	Lowry Barfield	 	 
	 
	 	Title:
	 	Senior Vice President — Legal,	 	 
	 
	 	 	 	General Counsel and Secretary
i i i i i i



### MEMORANDUM OPI NIO N No. 04-10-00550- CR IN RE David CEP EDA JONES Orig inal Mandamus Proce eding 1 PER C URI AM Sitt ing: Kar en Ang elini, J ustice

Sandee B ry an Mar ion, J ustice Rebec ca Simmons, J ustice Deliver ed and F iled: Aug ust 18, 2010 PETI TI ON F OR WR I T OF MANDAMUS DEN I ED On J uly 27, 2010, rela tor David Cepeda J ones filed a p et i t i o n fo r writ of mandamus, complaining of the trial court’s remova l of his previous counsel and the appointment of his new counsel. Howeve r, in order to obtain a petition for writ of mandamus in a criminal proce eding , rela tor must establish: (1) the act soug ht to be compelled is ministerial rathe r than discretionar y in nature , and (2) there is no adequa te reme dy at law. Dicke ns v. Second Court of Appeals , 727 S.W .2d 542, 548 (Tex. Crim. App. 1987). To establish an act soug ht to be compelled is minist eria l, rela tor must demonstrate that the trial court: (1) had a leg al duty to perf orm a non-discre tionary act; (2) was asked

1 ... T h i s p r o c e e d i n g a r i s e s o u t o f C a u s e N o . 2 0 0 9
- C R
- 1 2 9 0 2 , s t y l e d S t a t e o

f T e x a s v . D a v i d C e

p e d a J o n e s , p e n d i n g i n t h e 2 2 7 t h J u d i c i a l D i s t r i c t C o u r t , B e x a r C o u n t y , T e x a s , t h e H o n o r a b l e P h i l i p K a z e n p r e s i d i n g .0 4
- 1 0
- 0 0 5 5 0
- C R

to perf orm the act; and (3) failed or ref used to do so. In re Molina , 94 S.W .3d 885, 886 (Tex. App.—San Antonio 2003, orig
. proce eding ). When a proper ly filed motion is pending befor e a trial court, the act of g iving consideration to and r uling upon that motion is ministerial, and mandamus may issue to compel the trial judge to act. See Safety-Klee n Corp. v. Garcia , 945 S.W .2d 268, 269 (Tex. App.—San Antoni o 1997, orig
. proce eding ). Howeve r, relator has the burden o f p ro v i ding this court with a rec ord sufficie nt to establish his rig ht to mandam us relief
. See T E X . R. A P P . P. 52.7(a) (“Rela tor must file with the petition [ ] a cer tified or sworn c opy

of ever y document that is materia l to the rela tor’s claim for relief and that was filed in any underly ing proce eding ”); see also T E X . R. A P P . P. 52.3(k)( 1)(A) ; W alker v . Pack

er , 827 S.W .2d 833, 837 (Tex. 1992). Her e, rela tor has mere ly alleg ed the trial court improperly remove d his previous counsel and appointed him new coun s el
. R el ator has failed to establish he has met any of the prer equisites
nece ssary to be entitled to ma ndamus relief

. See In re Molina , 94 S.W .3d at 886; see also T E X . R. A P P . P. 52.7(a)
. Acc ording ly , the petition for writ of mandamus is denied. T E X . R. A P P . P. 52.8(a)
. PER C URI AM DO NOT PUBL I SH

- 2
-
EXHIBIT 32.1


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


     In connection with the Quarterly  Report of IntegraMed  America,  Inc. (the
     "Company")  on Form 10-Q for the period ended  September  30, 2005 as filed
     with  the  Securities  and  Exchange  Commission  on the date  hereof  (the
     "Report"),  I,  Gerardo  Canet,  Chief  Executive  Officer of the  Company,
     certify, pursuant to 18 U.S.C. /s/ 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/Gerardo Canet
                                                    ----------------------------
                                                    Gerardo Canet
                                                    Chief Executive Officer
                                                    November 14, 2005
NO. SCPW-12-0000533

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

MICHAEL TIERNEY, Petitioner,

vs.

THE HONORABLE RICHARD K. PERKINS, JUDGE OF THE CIRCUIT

COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent.

 

ORIGINAL PROCEEDING

(S.P.P. No. 12-1-0011)

ORDER GRANTING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ.

and Circuit Judge Nakasone, assigned by reason of vacancy)

Upon consideration of petitioner Michael Tierney's

petition for a writ of mandamus and the papers in support, it

appears that the notice of appeal filed on May 7, 2012 in S.P.P.

No. 12-1-0011 purports to appeal the dismissal of the HRPP Rule

40 petition, but no dismissal has occurred. The May 7, 2012

notice of appeal is not a valid notice of appeal and its filing

did not transfer jurisdiction of S.P.P. No. 12-1-0011 from the

circuit court to the appellate court. The respondent judge's May

17, 2012 decision to the contrary was incorrect. See State v.

Ontiveros, 82 Hawai#i 446, 449, 923 P.2d 388, 391) ("Where the

notice of appeal is jurisdictionally defective, filing the notice

Electronically Filed

Supreme Court

SCPW-12-0000533

14-JUN-2012

09:39 AM
2

does not transfer jurisdiction from the trial court to the

appellate court."). Therefore,

IT IS HEREBY ORDERED that the answer provision of HRAP

21(c) is suspended pursuant to HRAP 2.

IT IS FURTHER ORDERED that the petition for a writ of

mandamus is granted. The respondent judge shall proceed with

S.P.P. No. 12-1-0011.

DATED: Honolulu, Hawai#i, June 14, 2012.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Karen T. Nakasone
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF OLD DOMINION ELECTRIC COOPERATIVE AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      827,943
<OTHER-PROPERTY-AND-INVEST>                    184,864
<TOTAL-CURRENT-ASSETS>                         139,145
<TOTAL-DEFERRED-CHARGES>                        27,041
<OTHER-ASSETS>                                  11,058
<TOTAL-ASSETS>                               1,190,051
<COMMON>                                             0
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                            187,614<F1>
<TOTAL-COMMON-STOCKHOLDERS-EQ>                       0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                           664,513
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                   18,442
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 319,482
<TOT-CAPITALIZATION-AND-LIAB>                1,190,051
<GROSS-OPERATING-REVENUE>                       88,845
<INCOME-TAX-EXPENSE>                                 0
<OTHER-OPERATING-EXPENSES>                      72,958
<TOTAL-OPERATING-EXPENSES>                      72,958
<OPERATING-INCOME-LOSS>                         15,887
<OTHER-INCOME-NET>                               1,195
<INCOME-BEFORE-INTEREST-EXPEN>                       0
<TOTAL-INTEREST-EXPENSE>                        14,220
<NET-INCOME>                                     2,862
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                        0
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                          56,847
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Old Dominion is organized and operated as a cooperative. Patronage capital
is the retained net margins of Old Dominion which have been allocated to its
members based on their respective power purchases in accordances with Old
Dominion's bylaws.
</FN>
        



</TABLE>
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 pa ne 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 a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2).

T he H on orabl e S t ephen M . M cN am ee , S eni or U ni t ed S t at es D i stri ct ** * Judge f orthe D i s tr i c tof

A r i z ona , s i tt i ng byde s i gna t i on. 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 WUXI N X U, 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- 74990 A ge nc yN o. A 095- 198- 370 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 a r do f I m m ig r a tio n A p p e a ls S ubm i tt e d June 10, 2011 ** P a s a d e n a , C a lif

o rn ia B ef ore: T R O T T and R Y M E R , C i rc ui tJudg es , and M C N A M E E , S eni or D i stri ct Judg e. *** W uxi n X u, ana t i ve a nd c i t i z e n of C hi na , appe a l s ade c i s i on bythe B oa r d of Im m i grat i on A pp ea l s denyi ng hi s app l i ca t i on for a sy l um , w i thh ol di ng of re m ov al 

# FI LED JU N 14 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2

t o C hi na , a nd pr ot e c t i on unde rthe C onve nt i on A ga i ns tT ortur e ( C A T ) . W e ha ve j ur i s di c t i on unde r8 U . S . C . § 1252 a nd de nythe pe t i t i on. X u t e s t i f i e d tha tw he n he f

i r s tl e f tC hi na , he w e ntt o G ua m s i m pl yt o l ook a r ound a nd i nt e nde d t o r e turn t o C hi na . H e di d notf i l e a n a s y l um appl i c a t i on w h ile in G u a m . H e in s te a dw e n t o n v a c a tio n to P a lau a n dth e n r e tu rn e dto C h in a . S uc h t e s t i m onyi s i nc ons i s t e ntw i th hi s pr i ort e s t i m onytha the w a s f l e e i ng p ersecu t i o n i n C h i n a. T h erefo re, su b st an t i al ev i d en ce su p p o rt s th e ad v erse c r e d ib ilityd e te rm in a tio n . See Si ng h v. G on zales , 43 9 F . 3d 11 00 , 11 08 (9th C i r. 20 06 ) ( “ A n i ncon si st encygo es t o the heartof a c l ai m i f i tconcerns event s c entra l to p e titio n e r ’s v e r s io n o f w h yh e w a s p e r s e c u te da n df le d .” ) ; i d. ( n o tin g th a t a s in g le in c o n s is te n c yis s u f f ic ie n t to s u p p o rt a n a d v e r s e c r e d ib ilityd e te rm in a tio n if i tr e l a t e s t o the ba s i s f

orthe pe t i t i one r ’ s a l l e ge d f e a rof pe r s e c ut i on a nd goe s t o the he a rtof the c l a i m ) . I n the abs e nc e of c r e di bl e t e s t i m ony , X u’ s a s y l um a nd w ith h o ld in g o f

r e m o v a l c la im s f

a il. Se e Fa r a h v . A s h c r o ft , 348 F . 3d 1153, 1156 (9th C i r. 20 03 ). B e c aus e X u’ s C A T c l a i m i s ba s e d on the s a m e t e s t i m onyf ound nott o be c r e di bl e , a nd he poi nt s t o no othe re vi de nc e the I Js houl d ha ve c ons i de r e d, s u b s ta n tia l e v id e n c e a ls o s u p p o rts th e d e n ia l o f C A T r e lie f

. Se e id . a t1156- 57. DE NI E D.
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Page 41620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18522]



[[Page 41620]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-974-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Garden Banks LINK filing to be 
effective 10/1/2017.
    Filed Date: 8/18/17.
    Accession Number: 20170818-5106.
    Comments Due: 5 p.m. ET 8/30/17.

    Docket Numbers: RP17-975-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Amendments to Neg Rate Agmts 
(FPL 41618-29, 41619-15) to be effective 8/17/2017.
    Filed Date: 8/21/17.
    Accession Number: 20170821-5084.
    Comments Due: 5 p.m. ET 9/5/17.

    Docket Numbers: RP17-976-000.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Miss Canyon LINK integration 
filing to be effective 10/1/2017.
    Filed Date: 8/21/17..
    Accession Number: 20170821-5106.
    Comments Due: 5 p.m. ET 9/5/17.

    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: August 22, 2017.
Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2017-18522 Filed 8-31-17; 8:45 am]
 BILLING CODE 6717-01-P
#### In the Matter of the Estate of Sylvia M. Baer, Deceased. William C. Farner, Respondent; S. Marcy Baer et al., Appellants. In the Matter of the Estate of Sylvla M. Baer, Deceased. William C. Farner, Respondent; S. Marcy Baer, et al., Appellants.

(Appeal No. 1.)

(Appeal No. 3.)

[853 NYS2d 519]

Present-Hurlbutt, J.P., Centra, Lunn, Fahey and Fine, JJ.
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 Annual Report of Wisconsin Electric Power Company (the "Company") on Form 10-K for the period ended December 31, 2007, as filed with the Securities and Exchange Commission on March 3, 2008 (the "Report"), I, Allen L. Leverett, as Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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 results of operations of the Company.



/s/ ALLEN L. LEVERETT
Exhibit 32

                        GLOBAL ENTERTAINMENT CORPORATION
           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 Form 10-QSB of Global  Entertainment
Corporation  (the "Company") for the fiscal quarter ending November 30, 2006, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Quarterly Report"), the undersigned Chief Executive Officer and Chief Financial
Officer of the Company each hereby 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 Quarterly  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 Quarterly 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, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version 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.

Dated January 15, 2007


/s/ Richard Kozuback
--------------------------------------------------
Richard Kozbuack
President & Chief Executive Officer



/s/ J. Craig Johnson
--------------------------------------------------
J. Craig Johnson
Executive Vice President & Chief Financial Officer
<PAGE>

                  GENWORTH LIFE AND ANNUITY INSURANCE COMPANY

                     JOINT OWNER AND ANNUITANT ENDORSEMENT

This endorsement is added to the Contract.

The Contract to which this endorsement is attached is amended by deleting the
Joint Owner and the Annuitant provisions in their entirety and replacing them
with the following:

Joint Owner

If the Owner is an individual (natural person), a Joint Owner may be named at
issue. The Joint Owner must be the Owner's spouse. If the Owner marries after
issue, the Owner may add his or her spouse as a Joint Owner after issue and
prior to the Annuity Commencement Date, provided that we receive the request to
add the spouse as a Joint Owner with satisfactory proof of marriage within one
year of the date of marriage. The Joint Owner has an undivided interest in the
Contract with the same ownership rights as the Owner. The Joint Owner and the
Owner share ownership equally with the right of survivorship. If either the
Owner or Joint Owner dies, the decedent's interest will pass to the survivor,
subject to the Death Provisions. Joint Owners are not permitted if the Owner is
a non-natural entity.

Annuitant

An Annuitant must be named. An Annuitant must be an individual (natural
person). If the Owner is a natural person, the Owner must also be an Annuitant
and may name his or her spouse as Joint Annuitant at issue. A Joint Owner must
also be a Joint Annuitant. If the Owner marries after issue, the Owner may add
his or her spouse as a Joint Annuitant after issue and prior to the Annuity
Commencement Date, provided that we receive the request to add the spouse as a
Joint Annuitant with satisfactory proof of marriage within one year of the date
of marriage and the Joint Annuitant meets the age requirements of the Contract
and any added optional riders. A non-natural entity Owner must name an
Annuitant at issue and may name the Annuitant's spouse as a Joint Annuitant.

If any Annuitant dies before the Annuity Commencement Date and the surviving
Owner is a natural person, the selected payment option will change to a single
Annuitant plan. If any Annuitant dies before the Annuity Commencement Date and
the Owner is a non-natural entity, the selected payment option will end.

For Genworth Life and Annuity Insurance Company,


                                                      /s/ Pamela S. Schutz
                                                  ------------------------------
                                                       [Pamela S. Schutz]
                                                            President

P5425 01/09                            1