alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<Page>

                                   EXHIBIT "B"

                          ING INVESTMENT MANAGEMENT LLC

                              ADVISORY FEE SCHEDULE

                               AS OF APRIL 1, 2001

ANNUAL ASSET MANAGEMENT FEES (based on assets under management):

<Table>
<Caption>
                                 ASSET CLASS                                                BASIS POINT FEE
--------------------------------------------------------------------------------       -----------------------
<S>                                                                                    <C>
-    Public bonds, MBS, CMO-A preferred stock, insured residential mortgage and                 20.0
     sort term investments
-    Private placements (investment grade)                                                      20.0
-    below investment grade                                                                     25.0
-    derivatives                                                                                50.0
-    CMO-B                                                                                      50.0
-    actively managed common stock and other high yield stock programs                          50.0
-    indexed common stocks                                                                        10
-    commercial mortgages                                                                       20.0
-    real estate, foreclosed mortgages, and problem commercial loans                            72.7
-    portfolio management and investment services (applied to all assets               1.8 b.p. for first $1.0
     under management per portfolio)                                                   billion and 0.8 b.p.
                                                                                       for the excess
-    Separate accounts, segregated funds, and pension trusts                           5.0 b.p. in additional
                                                                                       to the assets class
                                                                                       charge
</Table>

PRODUCTION FEE (one-time fee assessed at close of transaction):

<Table>
<Caption>
                                 ASSET CLASS                                              BASIS POINT FEE
--------------------------------------------------------------------------------       -----------------------
<S>                                                                                             <C>
-    private placements (investment grade)                                                      20.7
-    private placements (international-investment grade)                                        30.0
-    private placements (BIG)                                                                   40.0
-    commercial mortgages                                                                       16.7
</Table>

                                       12
##### 



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 Medicis Pharmaceutical Corporation
(the Company) on Form 10-K for the fiscal year ended June 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Mark A. Prygocki, Sr., Chief Financial Officer of the Company, to the best
of my knowledge, 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; and(2)
    
    The information contained in the Report fairly presents, in
all material respects, the financial conditions and results of
operations of the Company for the periods presented. /s/ MARK A. PRYGOCKI, SR.

Mark A. Prygocki, Sr.
Chief Financial Officer
September 10, 2004
 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 Medicis Pharmaceutical
Corporation and will be retained by Medicis Pharmaceutical Corporation and
furnished to the Securities and Exchange Commission or its staff upon request. This certification accompanies this Report on Form 10-K pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purpose of Section 18 of the
Securities Exchange Act of 1934, as amended (the Exchange Act). Such
certification will not be deemed to be incorporated by reference into any
filing under the Securities Act of 1933, as amended, or the Exchange Act,
except to the extent that the Company specifically incorporates it by
reference.
Exhibit 10.2


 


AMENDING AGREEMENT 

to Farmout Agreement made as of July 31, 2013


 


THIS AMENDING AGREEMENT is
dated effective as of November 17, 2014.


 


AMONG:


 


MP WEST CANADA SAS, a body corporate, incorporated
pursuant to the laws of the France (hereinafter referred to as "MP West")


 


- and -


 


NORTHERN ALBERTA OIL LTD., a body corporate,
incorporated pursuant to the laws of the Province of Alberta (hereinafter referred to as "NAOL")


 


- and -


 


DEEP WELL OIL & GAS (ALBERTA) LTD., a body
corporate, incorporated pursuant to the laws of the Province of Alberta (hereinafter referred to as "Deep Well")


 


WHEREAS:


 


(A)            MP West, NAOL and Deep Well
are parties to the Farmout Agreement dated July 31, 2013 (the "Farmout Agreement"); and


 


(B)            MP West, NAOL and Deep Well wish to amend the Farmout Agreement, as set forth in this Amending Agreement.


 


NOW THEREFORE, in consideration of
the premises and the respective covenants and agreements set forth herein and in the Farmout Agreement, the parties hereto agree
to follows:


 


	1.	INTERPRETATION 



 


This Amending Agreement is
supplemental to and shall form one agreement with the Farmout Agreement and the Farmout Agreement and this Amending Agreement
shall be read together and have effect so far as practicable as though all the provisions thereof and hereof were contained in
one instrument.


 


	2.	AMENDMENTS




 


The Farmout Agreement is amended
as follows:


 


        2.1     by deleting
the date "December 31, 2014" from the last line of Section 4.1 of the Farmout Agreement, and replacing it with the date
"December 31, 2015".


 


	3.	CONFIRMATION




 


The parties hereto hereby acknowledge
and confirm that, except as specifically amended by the provisions of this Amending Agreement, all of the terms and conditions
contained in the Farmout Agreement are and shall remain in full force and effect, unamended, in accordance with the provisions
thereof.


 






    	 



    	 



    


 


	4.	ENUREMENT




 


This Amending Agreement shall be
binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns.


 


	5.	TIME




 


Time shall be of the essence of this
Amending Agreement.


 


	6.	GOVERNING LAWS




 


This Amending Agreement shall be
governed by and construed in accordance with the laws of the Province of Alberta.


 


	7.	EXECUTION IN COUNTERPART




 


This Amending Agreement may be executed
by the parties in separate counterparts (and by facsimile transmission or by a scanned copy by electronic mail) each of which when
so executed and transmitted or delivered shall be an original, but all such counterparts shall together constitute one and the
same agreement.


 


IN WITNESS WHEREOF the parties hereto have caused this Amending
Agreement to be duly executed as of the day and year first above written.


 





	NORTHERN ALBERTA OIL LTD.	 	MP WEST CANADA SAS
	 	 	 
	Per:	/s/ Curtis J. Sparrow	 	Per:	/s/ Alain Torre
	 	 	 	 	 
	DEEP WELL OIL & GAS (ALBERTA) LTD. 	 	 	 
	 	 	 	 
	Per:	/s/ Curtis J. Sparrow
Exhibit 32.2**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**     In connection with the Quarterly Report of Wilsons The Leather Experts Inc. (the “Company”) onForm 10-Q for the fiscal quarter ended July 29, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Stacy A. Kruse, Chief Financial Officer andTreasurer of the Company, certify, pursuant to 18 U.S.C. Section 1350, adopted pursuant to Section906 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 SecuritiesExchange Act of 1934, as amended; and     2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.     /s/ STACY A. KRUSE  **Stacy A. Kruse,**  **Chief Financial Officer and Treasurer**Date: September 7, 2006
I 

111TH CONGRESS 

1ST SESSION H. R. 2760 

To designate the facility of the United States Postal Service located at 

1615 North Wilcox Avenue in Los Angeles, California, as the ‘‘Johnny 

Grant Hollywood Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2009 

Ms. WATSON (for herself, Mr. DREIER, Mr. HERGER, Mr. HUNTER, Mr. 

MCKEON, Mr. MCCARTHY of California, Mr. GEORGE MILLER of California, Mr. NUNES, Mr. RADANOVICH, Mr. STARK, and Mrs. TAUSCHER) 

introduced the following bill; which was referred to the Committee on 

Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 1615 North Wilcox Avenue in Los Angeles, 

California, as the ‘‘Johnny Grant Hollywood Post Office 

Building’’. 

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

3 SECTION 1. JOHNNY GRANT HOLLYWOOD POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 1615 North Wilcox Avenue in 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 2760 IH

1 Los Angeles, California, shall be known and designated 

2 as the ‘‘Johnny Grant Hollywood Post Office Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Johnny Grant Holly7 wood Post Office Building’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS
Exhibit



EXHIBIT 10.1






March 20, 2018


Joel S. Marcus
Address on file with the Corporation




Dear Joel:


This letter confirms our recent discussions regarding your service as Executive Chairman and our modification of your Amended and Restated Executive Employment Agreement, effective as of January 1, 2015 (your “Employment Agreement”) and the July 3, 2017 letter from the Corporation to you regarding the same subject (the “July 2017 Letter”), using the same defined terms used in the Employment Agreement and the July 2017 Letter.


Commencement & Term
The Executive Chairman Period will begin on April 23, 2018 and shall continue as set forth in the July 2017 Letter.
Miscellaneous


This letter amends both your Employment Agreement and the July 2017 Letter, which continue in all other respects in accordance with their terms.  Together with your Employment Agreement, the agreements and plans referred to therein, and the July 2017 Letter, this letter represents the entire understanding between the Corporation and you with respect to the subject matter hereof, and this letter supersedes any and all prior understandings, agreements, plans and negotiations, whether written or oral, with respect to the subject matter hereof.  Section 6 of your Employment Agreement (including governing law and mandatory arbitration) is incorporated by reference into this letter.


*                          *                          *


If you agree with the foregoing, please sign and return the enclosed copy of this letter, which will become a binding agreement on receipt.  We are looking forward to your continued leadership.
Sincerely,


Alexandria Real Estate Equities, Inc.


	
		
	By:
	/s/ Dean A. Shigenaga

	Name:
	Dean A. Shigenaga

	Title:
	Chief Financial Officer








Accepted and Agreed as of the date hereof:


	
	
	/s/ Joel S. Marcus

	Joel S. Marcus
IN THE SUPREME COURT OF PENNSYLVANIA

In the Matter of

JEFFREY MARK SNYDER

PETITION FOR REINSTATEMENT

FROM ADMINISTRATIVE SUSPENSION

:

:

:

:

:

:

:

No. 90 DB 2019 (No. 65 RST 2019)

Attorney Registration No. 60932

(Philadelphia)

O R D E R

PER CURIAM

AND NOW, this 23rd day of July, 2019, the Report and Recommendation of 

Disciplinary Board Member dated July 15, 2019, is approved and it is ORDERED that

Jeffrey Mark Snyder, who has been on Administrative Suspension, has never been 

suspended or disbarred, and has demonstrated that he has the moral qualifications, 

competency and learning in law required for admission to practice in the Commonwealth, 

shall be and is, hereby reinstated to active status as a member of the Bar of this 

Commonwealth. The expenses incurred by the Board in the investigation and processing 

of this matter shall be paid by the Petitioner.
#### Tower Insurance Company of New York, Appellant, v Old Northern Blvd. Restaurant Corp. et al, Respondents.

[666 NYS2d 636]

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 9, 1997, which denied plaintiff’s motion for summary judgment, unanimously reversed, on the law, without costs or disbursements, and plaintiff’s motion for summary judgment for a declaration that it has no duty or obligation to defend or indemnify defendant Old Northern Blvd. Restaurant Corp., doing business as Pat O’Brien’s, in an underlying personal injury action granted.

The standard general liability insurance policy issued by plaintiff insurer to defendant Old Northern Blvd. Restaurant Corp. contained an endorsement that excluded coverage for personal injury “arising from [a]ssault and battery committed by an insured, any employee of any insured, or any other person, whether committed by or at the direction of the insured.” Plaintiff asserts that this endorsement relieves it of the duty to defend and indemnify its insured in the underlying action in which the plaintiff therein, Jason McLane, also a defendant in this action, seeks recovery for injuries allegedly sustained outside defendant insured’s bar. According to McLane’s description of the incident, after he and his friends had been forced to leave the bar, one of the bouncers overheard a *242comment McLane made to one of his friends and “started towards me. I started backing up from the doorway away from this bouncer, when Kyle [one of McLane’s friends] tried to restrain him. The other bouncer then tried to hold back Kyle, whereupon the bouncer who was pursuing me turned on Kyle. My other two * * * friends then separated the other bouncer from Kyle. I attempted to restrain the first bouncer from behind by pulling him away from Kyle from behind. I informed the bouncer that the incident was over and that we were leaving; the bouncer said: ‘OK’ and we both relaxed. As I released my hold of the bouncer’s back, I was suddenly struck in the left eye by this bouncer’s left arm/elbow which recoiled as he pulled away. The bouncer immediately returned to the bar.”

To establish a civil battery a plaintiff need only prove intentional physical contact by defendant without plaintiffs consent; the injury may be unintended, accidental or unforeseen. *(Villanueva v Comparetto,*180 AD2d 627; *see also, Coopersmith v Gold,*172 AD2d 982.) Even if, as defendants allege, McLane’s injuries resulted from the bouncer’s negligence, his affidavit makes it clear that his injuries “arose from” an assault and battery, i.e., the altercation allegedly initiated by the bouncer, which involved McLane, his friends and the bouncers. Therefore, the policy exclusion applies. *(See, Mt. Vernon Fire Ins. Co. v Creative Hous.,*88 NY2d 347, 352.) Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.
<TABLE> <S> <C>


<ARTICLE>         5
<MULTIPLIER>      1
<PERIOD-TYPE>                        9-MOS
<FISCAL-YEAR-END>              DEC-31-1997
<PERIOD-END>                   SEP-30-1997
<CASH>                          10,401,438
<SECURITIES>                             0
<RECEIVABLES>                      858,003                          
<ALLOWANCES>                       290,000
<INVENTORY>                         23,309
<CURRENT-ASSETS>                12,378,300
<PP&E>                          63,923,803
<DEPRECIATION>                   6,794,873
<TOTAL-ASSETS>                 141,885,169
<CURRENT-LIABILITIES>           11,963,846
<BONDS>                        105,000,000
<COMMON>                                 0
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<OTHER-SE>                       8,670,021
<TOTAL-LIABILITY-AND-EQUITY>   141,885,169
<SALES>                         70,313,289
<TOTAL-REVENUES>                70,313,289
<CGS>                                    0
<TOTAL-COSTS>                   66,511,320
<OTHER-EXPENSES>                 2,576,980
<LOSS-PROVISION>                         0
<INTEREST-EXPENSE>               7,917,661
<INCOME-PRETAX>                 (6,692,672)
<INCOME-TAX>                             0
<INCOME-CONTINUING>             (6,692,672)
<DISCONTINUED>                           0
<EXTRAORDINARY>                          0
<CHANGES>                                0
<NET-INCOME>                    (6,692,672)
<EPS-PRIMARY>                            0
<EPS-DILUTED>                            0


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8585

ISZARD BALLARD, JR.,

Plaintiff - Appellant,

versus

PARRIS N. GLENDENING; JOSEPH CURRAN, JR.;

BISHOP L. ROBINSON; RICHARD A. LANHAM, SR.;

EARL BESHEARS; RALPH LOGAN,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.

(CA-95-1630-JFM)

Submitted: May 16, 1996 Decided: June 3, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Iszard Ballard, Jr., Appellant Pro Se. John Joseph Curran, Jr.,

Attorney General, Audrey J. S. Carrion, OFFICE OF THE ATTORNEY

GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Ballard v. Glendening, No. CA-95-1630-JFM (D. Md. Nov. 20,

1995). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
#### The People of the State of New York, Respondent, v Jose Rivera, Also Known as A. Ramus, Also Known as Tiote Ortiz, Appellant.

[666 NYS2d 614]

—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered September 11, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and convicting her, upon her plea of guilty, of violation of probation, and sentencing her, as a second felony offender, to two concurrent terms of 6 to 12 years, concurrent with a term of 3V2 to *7*years for violation of probation, unanimously affirmed.

Defendant’s claim of error is unpreserved since defense counsel and defendant were present when the court read the *199jury notes into the record, but no request was made for a preview of the court’s intended responses or any opportunity to help formulate such responses *(see, People v Starling,*85 NY2d 509, 516; *People v DeRosario,*81 NY2d 801, 803; *People v Martinez,*225 AD2d 474, *lv denied*88 NY2d 989). Furthermore, defendant failed to object to the court’s responses to the notes from individual jurors and therefore defendant’s claim that the court responded to them inappropriately is unpreserved, and we decline to review it in the interest of justice *(People v Jackson,*209 AD2d 247, 248, *lv denied*85 NY2d 974; *People v Almodovar,*196 AD2d 718, *lv denied*82 NY2d 890, *cert denied*511 US 1131). Were we to review it, we would find that the court responded appropriately to both notes and that the notes did not suggest that either of the jurors possessed a state of mind that would prevent such juror from rendering an impartial verdict *(People v Rodriguez,*71 NY2d 214, 219). Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.
**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 Annual Report of Mitcham Industries, Inc. (the “Company”) on Form 10-Kfor the year ended January 31, 2007, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Billy F. Mitcham, Jr., Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and(2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.   /s/ Billy F. Mitcham, Jr.   Billy F. Mitcham, Jr.  Chief Executive Officer  April 16, 2007
Converted by EDGARwiz


Exhibit 10.3

CONTRACT

Richard Kaiser agrees to provide Director and Corporate Officer services for BioForce Nanosciences Holdings, Inc. yearly, at no cost to the Company, and he continues to provide necessary office space and executive services in aforementioned space at no cost to Company.




/s/ Richard Kaiser

Director/Acting CFO/Secretary




/s/ Merle Ferguson

President/CEO/Chairman




March 1, 2018