alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10-40.htm


Exhibit 10.40



FIRST


 


AMENDMENT TO EMPLOYMENT AGREEMENT


 







NITIN SAHNEY (“Executive”), and OMNICARE, INC., a Delaware corporation (the “Company”), hereby agree as follows:


 


1. Recitals.


 


(a) The Company and Executive have entered into an employment agreement, dated October 28, 2010 (the “Employment Agreement”); and


 


(b) The Company and the Executive wish to amend the Employment Agreement to clarify the amount of severance and benefit continuation Executive would be eligible to receive under certain termination scenarios.


 


2. Amendment.


 


Section 3.5 is hereby amended so that subsections (a) and (d) read as follows:


 


(a)           Executive shall receive as severance pay continued payment of his Base Salary for eighteen (18) months, such payment to be made in accordance with the Company’s standard payroll practices.


 


*           *           *


 


(d)           In addition, Executive shall be entitled to continued participation for eighteen (18) months in the Company’s medical, dental and vision welfare benefit plans which cover Executive (and his eligible dependents) upon the same terms and conditions in effect for active employees of the Company subject to Executive’s continued co-payment of premiums for such coverage, to the extent that the terms of such plans permit Executive’s continued participation during such period; provided, in the event Executive obtains other employment that offers substantially similar or more favorable benefits, determined on a benefit-by-benefit and coverage-by-coverage basis, such continuation of benefits by the Company shall immediately cease.  The continuation of medical, dental and vision benefits under this Section 3.4 shall be conterminous with, and reduce the period of coverage and count against, Executive’s right to healthcare continuation benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”).


 


3. General.


 


Except as specifically amended herein, the Employment Agreement will remain in full force and effect in accordance with its original terms, conditions and provisions.


 


IN WITNESS WHEREOF, the parties have duly executive this amendatory agreement as of February 17, 2011.


 









	
EXECUTIVE


 


 

	 	 	 OMNICARE, INC.	 
	
/s/ Nitin Sahney

	 	 	
/s/ Erin E. Ascher

	 
	
Nitin Sahney

	 	 	
Erin E. Ascher

	 
	
 

	 	 	
SVP, Human Resources
Optimal
Voyage System Development Contract

Smart Ship Technology Solution for Hyundai Heavy Industries


 


Project:
Platform based Optimal Voyage System Development


Price:
98,400,000 Won


Period:
January 2nd 2017 – March 30th 2017


Purpose:
The Provider (e-MARINE Inc.) executes and share research results to the ordering (Hyundai Heavy Industries Co., Ltd.)


Research
Schedule: The basic schedule for the research is determined by Hyundai Heavy Industries Co., Ltd. 


 


Hyundai
Heavy Industries Co., Ltd. (“The Customer”) and e-MARINE Inc. (“The Supplier”) agree to execute all matters
for [Platform based Optimal Voyage System Development]


 


December
28th 2016


 


The
Ordering


 


Oh
Gap Kwon


CEO
of Hyundai Heavy Industries


 


The
Provider


 


Ung
Gyu Kim


CEO
of e-MARINE
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ILEANA DIAZ,

Appellant,

v.

STATE FARM FLORIDA INSURANCE COMPANY,

Appellee.

No. 4D18-900

[April 11, 2019]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Raag Singhal, Judge; L.T. Case No. CACE 17-007335.

Matthew G. Struble and Christine Skubala of Struble, P.A., Fort 

Lauderdale, for appellant.

Paul L. Nettleton of Carlton Fields Jorden Burt, P.A., Miami, for 

appellee.

PER CURIAM.

Affirmed.

MAY, KLINGENSMITH and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
Co-Chairman and Chief Executive Officer of Optimal Robotics Corp. (the
"Company"), does hereby certify that to the best of the undersigned's knowledge:

      1)    the Company's Quarterly Report on Form 10-Q for the quarter ended
            March 31, 2003 (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.


Dated: May 1, 2003                             /s/ Neil S. Wechsler
                                               --------------------
                                                   Neil S. Wechsler
                                                   Co-Chairman and
                                                   Chief Executive Officer


                                       29
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In the Interest of S.H., a Child

Appellate case number: 01

- 2 2

- 00 255

- C V

Trial court case number: 2020

- 02030J

Trial court: 313 th Judicial District Court of Harris County

This case was abated and remanded to the trial court on August 25 , 2022

. I n the abatement order, 1 we directed the trial court to appoint new counsel to represent appellant, father , on appeal and to have a supplemental clerk’s record containing that appointment filed in this Court

. On September 2, 2022, the trial court clerk filed a supplemental clerk’s record containing the tria l court’s order appointing Stephen E. Newhouse to represent appellant on appeal. See T EX

. R. A PP

. P. 6.1. Accordingly, w e REINSTATE this case on the Court’s active docket.

Appellant’s brief is due on September 19 , 2022

— 20 days from the date appellant’s counsel was appointed. See T EX

. R. A PP

. P. 4.1(a), 28.4, 38.6(a). Because this is a termination case, this Court is required to bring this appeal to final disposition within 180 days of April 4

, 2022, the date the notice of appeal was filed i n this proceeding, so far as reasonably possible. See

T EX

. R. J UD

. A DMIN

. 6.2, reprinted in T EX

. G OV ’ T

. C ODE A NN ., tit. 2, subtit. F app. Accordingly, no extensions of time will be granted absent extraordinary circumstances

. See T EX

. R. A PP

. P. 38.6(d).

It is so ORDERED

.

1 The Court’s abatement order stated:

[W] e have reviewed the appellate record and [previously] appointed counsel’s

Anders brief and conclude that the appeal warrants further development by new appellate counsel on the following arguable grounds for appeal: whether the evidence is legally and factually insufficient to support the trial court’s finding that termination of appellant’s parental rights was in the best interest of S .H

. See T EX

. F AM

. C ODE A NN

. § 161.001(b)(2 ).

We noted that newly appointed appellate counsel is not prevented from briefing any other arguable grounds of appeal.2

Judge’s signature:

_____

/s/ Julie Countiss

________  Acting individually  Acting for the Court

Date:

___ September 2, 2022

____
302 CERTIFICATION

I, Richard H. Tanenbaum, certify that:

         1. I have reviewed the annual report on Form 10-KSB of Sun
Reporter, Inc.;

         2. Based on my knowledge, this annual 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 annual report, fairly present in
all material respects the financial condition, results of operations
and cash flows of the registrant as of, and for, the periods presented
in this report;

         4. I am responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules
12a-14) and internal controls over financial reporting (as defined in
Exchange Act Rules 13a-15(f) and 15d-15(f)) 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 me by others within those
entities, particularly during the period in which this annual 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 annual report (the "Evaluation Date"); and

      c)  presented in this annual report my conclusions about the
effectiveness of the disclosure controls and procedures based on my
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 and material weaknesses in the
design or operation of internal control over financial reporting which
are reasonably likely to adversely affect the registrant'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
registrant's internal controls over financial reporting.

Date: April 3, 2007                /s/ Richard H. Tanenbaum
                                   ----------------------------
                                   Richard H. Tanenbaum
                                   Chief Executive Officer
                                   Chief Financial Officer
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 Quarterly Report of Braintech, Inc. (the "Company") on Form 10-QSB for the three months ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Edward A. White, the Principal Financial and Accounting 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 result of operations of the Company.



/s/ Edward A. White			Edward A. White
Principal Financial Officer and Accounting Officer

November 12, 2003
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         279,016
<SECURITIES>                                 1,050,000
<RECEIVABLES>                                    7,962
<ALLOWANCES>                                         0
<INVENTORY>                                    105,120
<CURRENT-ASSETS>                             2,123,463
<PP&E>                                       3,833,134
<DEPRECIATION>                               1,822,396
<TOTAL-ASSETS>                               5,081,657
<CURRENT-LIABILITIES>                        1,190,218
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  6,000,000
<COMMON>                                       103,984
<OTHER-SE>                                  (3,556,939)
<TOTAL-LIABILITY-AND-EQUITY>                 5,081,657
<SALES>                                        320,397
<TOTAL-REVENUES>                               320,397
<CGS>                                          479,376
<TOTAL-COSTS>                                  791,926
<OTHER-EXPENSES>                                52,239
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              52,640
<INCOME-PRETAX>                              1,020,335
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,020,335
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,020,335
<EPS-PRIMARY>                                     0.10
<EPS-DILUTED>                                     0.10
        

</TABLE>
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Page 43637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19735]



[[Page 43637]]

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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration # 15245 and #15246; NEW HAMPSHIRE Disaster Number 
NH-00038]


Presidential Declaration Amendment of a Major Disaster for Public 
Assistance Only for the State of New Hampshire

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of New 
Hampshire (FEMA-4329-DR), dated August 9, 2017.

DATES: Issued on September 11, 2017.
    Physical Loan Application Deadline Date: 10/09/2017.
    Economic Injury (EIDL) Loan Application Deadline Date: 05/09/2018.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of New 
Hampshire, dated 08/09/2017, is hereby amended to include the following 
areas as adversely affected by the disaster.
    Incident: Severe Storms and Flooding.
    Incident Period: 07/01/2017 through 07/02/2017.
Primary Counties: Coos.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2017-19735 Filed 9-15-17; 8:45 am]
 BILLING CODE 8025-01-P
**EXHIBIT23.2**

 

Consentof Independent Registered Public Accountants

 

The Board of DirectorsGardenburger, Inc.:

 

We consent to the incorporation by referencein the registration statements (Nos. 33-64622, 33-64624, 33-76764, 333-79451,333-79455 and 333-61858) on Forms S-8 and (Nos. 333-56775 and 333-79653) onForms S-3 of Gardenburger, Inc. of our report dated November 7, 2003 withrespect to the balance sheet of Gardenburger, Inc. as of September 30, 2003,and the related statements of operations, shareholders’ deficit, and cash flowsfor each of the years in the two-year period ended September 30, 2003, and therelated financial statement schedule, which report appears in the September 30,2004 annual report on Form 10-K of Gardenburger, Inc.

 

Our report refers to the revisions requiredto include the transitional disclosures described in Note 3 to the financialstatements required by Statement of Financial Accounting Standards No. 142,Goodwill and Other Intangibles Assets.

 

/s/ KPMG LLPPortland, OregonFebruary 18, 2005

 

----
Electronically Filed

Intermediate Court of Appeals

CAAP-13-0001142

31-MAR-2014

09:45 AM
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS<F1>
<FISCAL-YEAR-END>                          JAN-03-1998
<PERIOD-START>                             DEC-29-1996
<PERIOD-END>                               MAR-29-1997
<CASH>                                           9,073
<SECURITIES>                                         0
<RECEIVABLES>                                   30,398
<ALLOWANCES>                                         0
<INVENTORY>                                     33,861
<CURRENT-ASSETS>                                74,010
<PP&E>                                          69,568
<DEPRECIATION>                                   8,038
<TOTAL-ASSETS>                                 246,137
<CURRENT-LIABILITIES>                           44,121
<BONDS>                                        120,823
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     35,000
<COMMON>                                         9,178
<OTHER-SE>                                       6,195
<TOTAL-LIABILITY-AND-EQUITY>                   246,137
<SALES>                                         62,238
<TOTAL-REVENUES>                                62,238
<CGS>                                           48,634
<TOTAL-COSTS>                                   48,634
<OTHER-EXPENSES>                                 3,902
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,280
<INCOME-PRETAX>                                  6,422
<INCOME-TAX>                                     2,651
<INCOME-CONTINUING>                              4,409
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,409
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>THE RESULTS OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 29, 1997 REPRESENT
THE RESULTS OF CLARK-SCHWEBEL HOLDINGS, INC. ("COMPANY") FOR THE PERIOD OF
DECEMBER 29, 1996 THROUGH MARCH 29, 1997 (SUCCESSOR COMPANY). A CHANGE IN
OWNERSHIP RESULTED FROM A LEVERAGED BUYOUT ON APRIL 17, 1996, AND THE
TRANSACTION RESULTED IN A NEW BASIS OF ACCOUNTING FOR THE COMPANY. THEREFORE,
THE RESULTS OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 29, 1997 ARE NOT
FULLY COMPARABLE TO PRECEDING REPORTING PERIODS. THIS SCHEDULE CONTAINS SUMMARY
FINANCIAL INFORMATION FROM THE COMPANY'S FINANCIAL STATEMENTS AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</FN>
        

</TABLE>
#### Gurdip SINGH; Kamlesh Singh, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-75951.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 27, 2007 *.

Filed Aug. 30, 2007.

Robert B. Jobe, Esq., Law Offices of Robert B. Jobe, San Francisco, CA, for Petitioner's.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Richard M. Evans, Esq., Nancy E. Friedman, Esq., DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

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

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gurdip and Kamlesh Singh, husband and wife and natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings based on ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion, and review claims of due process violations de novo. *See Mohammed v. Gonzales,*400 F.3d 785, 791-92 (9th Cir.2005). We grant the petition for review and remand.

The BIA properly concluded that Petitioners are entitled to a rebuttable pre*2sumption of prejudice because their former attorney failed to file a brief on appeal. *See Amarjit Singh v. Ashcroft,*367 F.3d 1182, 1189 (9th Cir.2004) (where BIA summarily dismissed appeal for failure to file a brief, petitioner was deprived of meaningful appellate review, and was entitled to a rebuttable presumption of prejudice). However, we disagree with the BIA’s conclusion that the presumption is rebutted in this case. *See id.*(presumption is not rebutted if alien is able to show plausible grounds for relief from removal).

Although the BIA recited the correct prejudice standard in its decision, that Petitioners demonstrate plausible grounds for relief, the BIA went on to apply a more stringent standard, that Petitioners demonstrate they will ultimately prevail on their claims. *See Maravilla Maravilla v. Ashcroft,*381 F.3d 855, 858 (9th Cir.2004) (per curiam) (BIA abuses its discretion where it requires petitioner to demonstrate that they would win or lose when assessing prejudice on an ineffective assistance of counsel claim). Petitioners need only demonstrate that their claims for asylum, withholding of removal and relief under the Convention Against Torture are plausible in order to demonstrate prejudice. *See Lin v. Ashcroft,*377 F.3d 1014, 1027 (9th Cir.2004). We therefore remand to the Board to assess under the correct standard whether the presumption of prejudice is rebutted in this case.

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.