alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2



 Exhibit 10.2 
 MARK L. WETZEL 
 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT 

THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT (this “Third Amendment”) is dated as of December 1, 2011, by and
between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), DF Property Management LLC, a Delaware limited liability company (the “LLC”), and Mark L. Wetzel (the “Executive”).

 A. The Company and the Executive are parties to an Employment Agreement (the “Original Agreement”), dated as
of June 13, 2008, as amended by that First Amendment to Employment Agreement dated as of January 6, 2009 and that Second Amendment to Employment Agreement dated as of May 23, 2011. 

B. The parties desire to amend the Original Agreement to modify certain provisions related to the death or disability of Executive.

 Accordingly, the parties hereto agree as follows: 
 1. Section 4.1(iii) is hereby amended and restated in its entirety as follows: 
 (iii) (A) All stock options, common stock subject to forfeiture, Restricted Stock Units (“RSUs”) and other equity awards held by Executive at the time of his death that would have
become vested and exercisable or free from repurchase restrictions, as applicable, during the twelve (12) month period commencing on the date of death if Executive had remained employed during such period shall become fully vested and
exercisable or free from repurchase restrictions or other risk of forfeiture, as applicable, and all other terms of such awards shall be governed by the plans, programs, agreements and other documents pursuant to which such equity awards were
granted; and 
 2. Section 4.2(iii) is hereby amended and restated in its entirety as follows: 

(iii) (A) All stock options, common stock subject to forfeiture, RSU and other equity awards held by Executive at the
time that Executive’s employment was terminated based on Executive’s Disability that would have become vested and exercisable or free from repurchase restrictions, as applicable, during the twelve (12) month period commencing on the
date of termination if Executive had remained employed during such period shall become fully vested and exercisable or free from repurchase restrictions or other risk of forfeiture, as applicable, and all other terms of such awards shall be governed
by the plans, programs, agreements and other documents pursuant to which such equity awards were granted; and 
 3. Unless
specifically modified herein, all other terms and conditions of the Original Agreement shall remain in effect. 







 IN WITNESS WHEREOF, the parties hereto have signed their names as of the day and year first
above written. 
  

							
	DUPONT FABROS TECHNOLOGY, INC.
		
	By:	 	 /s/ Hossein Fateh

	Name:	 	Hossein Fateh
	Title:	 	President and Chief Executive Officer
	
	DF PROPERTY MANAGEMENT LLC
		
	By:	 	DuPont Fabros Technology, L.P.,
		 	its Managing Member
			
		 	By:	 	DuPont Fabros Technology, Inc.,
		 		 	its General Partner
				
		 		 	By:	 	 /s/ Hossein Fateh

		 		 	Name:	 	Hossein Fateh
		 		 	Title:	 	President and Chief Executive Officer
	
	 /s/ Mark L. Wetzel

	Mark L. Wetzel
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

(Submitted April 21, 2006)

Decided April 26, 2006

Before

Hon. ILANA DIAMOND ROVNER, Circuit Judge

Hon. DIANE P. WOOD, Circuit Judge

Hon. TERENCE T. EVANS, Circuit Judge

Nos. 99-3076, 99-3336, 99-3891, 99-3892,

and 01-2050

NATIONAL ORGANIZATION FOR

WOMEN, INC., et al.,

Plaintiffs-Appellees,

v.

JOSEPH M. SCHEIDLER, et al.,

Defendants-Appellants.

On Remand from the

United States Supreme Court 

O R D E R

Pursuant to the Supreme Court’s opinion in Scheidler et al. v. National Organization for

Women, et al., 126 S. Ct. 1264 (2006), with respect to Nos. 99-3076, 99-3336, 99-3891, and 99-

3892, the judgment of the district court in this case is REVERSED, the injunction ordered by that

court is VACATED, and the case is hereby REMANDED to the district court for entry of judgment

in favor of the defendants-appellants. We DISMISS appeal No. 01-2050 as moot.

UNPUBLISHED ORDER

Not to be cited per Circuit Rule 53
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 March 31, 2009 as filed with
     the Securities and Exchange Commission on the date hereof (the "Report"),
     I, Jay Higham, Chief Executive Officer of the Company, certify, pursuant to
     18 U.S.C. section 1350, as adopted pursuant to section 906 of the
     Sarbanes-Oxley Act of 2002, that to my knowledge:

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

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



                                                 /s/Jay Higham
                                                    -----------------------
                                                    Jay Higham
                                                    Chief Executive Officer
                                                    May 8, 2009
<table class="regular" id="BLStable_2024_1_16_7_18" style="width: 618px;"><caption><span class="tableTitle">Chart A-1. Survival rate of automobiles</span></caption>
<thead>
<tr>
<th rowspan="1" scope="col">Age (years)</th>
<th scope="col">Survival rate (percent)</th>
</tr>
</thead>
<tbody>
<tr>
<th scope="row">
<p>0</p>
</th>
<td>1.00</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>1</p>
</th>
<td>1.00</td>
</tr>
<tr>
<th scope="row">
<p>2</p>
</th>
<td>1.00</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>3</p>
</th>
<td>1.00</td>
</tr>
<tr>
<th scope="row">
<p>4</p>
</th>
<td>0.99</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>5</p>
</th>
<td>0.97</td>
</tr>
<tr>
<th scope="row">
<p>6</p>
</th>
<td>0.99</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>7</p>
</th>
<td>0.95</td>
</tr>
<tr>
<th scope="row">
<p>8</p>
</th>
<td>0.95</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>9</p>
</th>
<td>0.95</td>
</tr>
<tr>
<th scope="row">
<p>10</p>
</th>
<td>0.95</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>11</p>
</th>
<td>0.91</td>
</tr>
<tr>
<th scope="row">
<p>12</p>
</th>
<td>0.91</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>13</p>
</th>
<td>0.87</td>
</tr>
<tr>
<th scope="row">
<p>14</p>
</th>
<td>0.86</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>15</p>
</th>
<td>0.84</td>
</tr>
<tr>
<th scope="row">
<p>16</p>
</th>
<td>0.84</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>17</p>
</th>
<td>0.82</td>
</tr>
<tr>
<th scope="row">
<p>18</p>
</th>
<td>0.84</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>19</p>
</th>
<td>0.83</td>
</tr>
<tr>
<th scope="row">
<p>20</p>
</th>
<td>0.78</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>21</p>
</th>
<td>0.84</td>
</tr>
<tr>
<th scope="row">
<p>22</p>
</th>
<td>0.83</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>23</p>
</th>
<td>0.83</td>
</tr>
<tr>
<th scope="row">
<p>24</p>
</th>
<td>0.87</td>
</tr>
<tr class="greenbar">
<th scope="row">
<p>25</p>
</th>
<td>0.79</td>
</tr>
</tbody>
<tfoot id="BLStable_2024_1_16_7_18_footnotes" style="display: table-footer-group;">
<tr class="footnotes">
<td class="footnotes" colspan="2">
<p>Source: U.S. Bureau of Labor Statistics.</p>
</td>
</tr>
</tfoot>
</table>
<p></p>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF ARROW INTERNATIONAL, INC. FOR THE THREE MONTHS ENDED
NOVEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-END>                               NOV-30-1997
<CASH>                                           1,105
<SECURITIES>                                         0
<RECEIVABLES>                                   62,672
<ALLOWANCES>                                       812
<INVENTORY>                                     59,777
<CURRENT-ASSETS>                               136,783
<PP&E>                                         172,395
<DEPRECIATION>                                  63,690
<TOTAL-ASSETS>                                 327,249
<CURRENT-LIABILITIES>                           52,413
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,603
<OTHER-SE>                                     209,103
<TOTAL-LIABILITY-AND-EQUITY>                   327,249
<SALES>                                         63,769
<TOTAL-REVENUES>                                63,679
<CGS>                                           27,860
<TOTAL-COSTS>                                   47,313
<OTHER-EXPENSES>                                   248
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 16,278
<INCOME-TAX>                                     6,104
<INCOME-CONTINUING>                             10,174
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,174
<EPS-PRIMARY>                                      .44
<EPS-DILUTED>                                      .44
        

</TABLE>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANTHONY CHAMBERS, ) ) Appellant, ) ) v. ) Case No. 2D19-1172 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Opinion filed 

### September 18, 2020

. Appeal from the Circuit Court for Sarasota County; Stephen M. Walker, Judge. Anthony Chambers, pro se. Ashley Moody, Attorney General, Tallahassee, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed. NORTHCUTT, 

### ROTHSTEIN-YOUAKIM , and 

### SMITH , JJ., Concur.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         816,615
<SECURITIES>                                13,491,927
<RECEIVABLES>                                1,384,955
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            16,340,729
<PP&E>                                       8,150,503
<DEPRECIATION>                               4,884,584
<TOTAL-ASSETS>                              19,666,239
<CURRENT-LIABILITIES>                        2,843,264
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         18
<COMMON>                                       132,319
<OTHER-SE>                                  16,690,638
<TOTAL-LIABILITY-AND-EQUITY>                16,822,975
<SALES>                                              0
<TOTAL-REVENUES>                            11,180,002
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            17,366,371
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              4,416,891
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          4,416,891
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,416,891<F1>
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .15
<FN>
<F1>Net income shown is before preferred dividends of $297,229 with net income
after dividends equal to $4,119,662.
</FN>
        

</TABLE>
This disposition is not appropriate for publication and is not precedent *

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

The parties 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

C. ALEXANDRA TELLUSELLE,

 Plaintiff - Appellant,

 v.

HAWAII PACIFIC UNIVERSITY; 

ERLEINA DANAO,

 Defendants - Appellees.

No. 12-17191

D.C. No. 1:11-cv-00343-BMK

MEMORANDUM*

Appeal from the United States District Court

for the District of Hawaii

Barry M. Kurren, Magistrate Judge, Presiding**

Submitted June 10, 2013*** 

Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.

C. Alexandra Telluselle appeals pro se from the district court’s summary

judgment in her action alleging federal and state law claims arising out of her

FILED

JUN 17 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-17191

enrollment in a graduate degree program on an international student visa from

Sweden. We have jurisdiction under 28 U.S.C. § 1291. We review de novo,

Darensburg v. Metro. Transp. Comm’n, 636 F.3d 511, 518 (9th Cir. 2011), and we

affirm.

The district court properly granted summary judgment on Telluselle’s Title

VI claim because Telluselle failed to raise a genuine dispute of material fact as to

whether defendants’ allegedly favorable treatment of other Swedish international

students constituted discrimination against her on the basis of national origin. See

id. at 522 (setting forth elements of Title VI prima facie discrimination claim). 

The district court properly granted summary judgment on Telluselle’s

negligence claim because Telluselle failed to raise a genuine dispute of material

fact as to whether defendants owed her any duty to transfer credits from a Swedish

university or to provide her academic, immigration, or other counseling. See

Kaho’Ohanohano v. Dep’t of Human Servs., 178 P.3d 538, 562-63 (Haw. 2008)

(setting forth elements of a negligence claim).

The district court properly granted summary judgment on Telluselle’s breach

of contract claim because Telluselle failed to raise a genuine dispute of material

fact as to whether the parties entered into an express or implied contract in which

defendants made promises regarding academic counseling or transferring credits. 
3 12-17191

See Chuck Jones & MacLaren v. Williams, 71 P.3d 437, 451 (Haw. Ct. App. 2003)

(setting forth elements of a breach of contract claim).

We do not consider issues raised for the first time either on appeal or in

Telluselle’s reply brief, including with respect to alleged discrimination based on

disability or defendants’ alleged failure to produce documents. See Padgett v.

Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).

Telluselle’s contentions regarding the district court’s alleged failure to

review all the evidence and defendants’ alleged failure to cooperate with

immigration officials are unpersuasive.

AFFIRMED.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

LAUREL COMPANIES, INC.; a )

Virginia corporation; KYLE S. TASSE, )

an individual; and MARK R. WINES, an )

individual, )

)

Appellants, )

)

v. ) Case No. 2D19-1134

)

KARMA TEMPLE, )

)

Appellee. )

___________________________________) 

Opinion filed September 20, 2019.

Appeal pursuant to Fla. R. App. P. 9.130

from the Circuit Court for Hillsborough

County; Cheryl Thomas, Judge.

Michael C. Addison of Addison Law 

Office, P.A., Tampa, for Appellants.

Richard W. Ervin, IV of Curry Law Group, 

P.A., Brandon, for Appellee. 

PER CURIAM.

Affirmed. 

CASANUEVA, MORRIS, and ATKINSON, JJ., Concur.
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. AD17-10-000]

                    1. By order issued February 3, 2017, in anticipation of a lack of a quorum, the Commission delegated further authority to its staff to take certain actions.[1]                                          Such delegation was effective beginning February 4, 2017, and in no event was to extend beyond 14 days following the date a Commission quorum was reestablished.[2] 

2. Take notice that a Commission quorum was reestablished on August 10, 2017, and, with the reestablishment of a Commission quorum, the Commission's delegation of further authority to its staff accordingly terminated on August 24, 2017.

Dated: August 25, 2017.

Kimberly D. Bose,

Secretary.

# Footnotes

1.                                                     *Agency Operations in the Absence of a Quorum,*                         158 FERC 61,135 (2017).                    
        Back to Citation      

2.                                                     *Id.*                         P 2.                    
        Back to Citation      

[FR Doc. 2017-18537 Filed 8-31-17; 8:45 am]

 BILLING CODE 6717-01-P
<PAGE>

                                  EXHIBIT 32.2
            SECTION 1350 CERTIFICATION OF THE CHIEF FINANCIAL OFFICER


     In connection with the Quarterly Report on Form 10-Q for the quarterly
period ended February 28, 2005 of Arrow International, Inc., a Pennsylvania
corporation (the "Company"), as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Frederick J. Hirt, the Senior
Vice President of Finance and Chief Financial Officer of the Company, hereby
certify pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to my knowledge and based upon a review of the
Report, 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 as of the dates and periods presented as required by
          such Report.

This certification is based upon, among other things, my responsibilities as
Chief Financial Officer of the Company, my own due diligence and representations
made by certain other members of the Company's senior management.


                /s/ Frederick J. Hirt
                --------------------------------------------------------------
                Frederick J. Hirt
                Chief Financial Officer and Senior Vice President of Finance
                (Principal Financial Officer and Chief Accounting Officer)

                April 14, 2005


                                      (43)
Exhibit 31.1


                                 CERTIFICATIONS

I, Donald P. Gill, certify that:

(1) I have reviewed this quarterly report on Form 10-QSB of First Ipswich
Bancorp;

(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 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
we 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 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 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.


/s/ Donald P. Gill
--------------------------------------------
Donald P. Gill
Chief Executive Officer

August 12, 2005
December 15, 2015

JUDGMENT

The Fourteenth Court of Appeals

THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF 

E.C.

NO. 14-15-00362-CV 

________________________________

This cause, an appeal from the order for temporary in-patient mental health 

services, signed April 15, 2015, was heard on the transcript of the record. We

DISMISS the appeal as moot.

We order E.C. to pay all costs incurred in this appeal.

We further order this decision certified below for observance.