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



 Exhibit 10.2 

AMENDMENT TO LETTER AGREEMENT 

This Agreement (the “Amendment”) is entered into by and between Daniel A. Gaudreau (the “Executive”) and
Actuate Corporation, a Delaware corporation (the “Company”) as of December 15, 2014. 
 WHEREAS, on July 24,
2014, the Company and the Executive amended and superseded the Change in Control Agreement, dated January 1, 2008 (the “Prior Agreement”), by and between the Company and the Executive, solely to (i) amend the definition of
a Change in Control to include a liquidation or dissolution of the Company and clarify the definition with respect to a change in the composition of the Board, (ii) ensure that all forms of equity awards were covered by the Prior Agreement,
(iii) amend the definition of Involuntary Termination to clarify the triggers based on reduction in salary or target bonus following a Change in Control and to provide that an Involuntary Termination included a breach of the Prior Agreement by
the Company or the failure of a successor company to assume the Prior Agreement, and (iv) provide that the level of severance benefit under the Prior Agreement is not based on an executive’s tenure with the Company (as so amended and
restated, and as further amended on December 5, 2014, the “Agreement”); 
 WHEREAS, the Agreement provides that the
period of health care continuation coverage is 12 months following a qualifying Involuntary Termination, as compared to 18 months pursuant to the Prior Agreement; 

WHEREAS, the parties intended that the period of health care continuation coverage provided for in the Agreement was to remain at 18 months as
provided for in the Prior Agreement; 
 WHEREAS, the parties to the Agreement have agreed to amend the Agreement to align with the intention
of such parties. 
 NOW, THERFORE, in consideration of the foregoing premises and for good and valuable consideration, receipt of which is
hereby acknowledged, the Executive and the Company, intending to be legally bound, hereby agree as follows: 
  

	 	1.	Terms used but not defined herein shall have the meanings ascribed to them in the Agreement. 

  

	 	2.	Clause (i) of “Part Two—Section 3 (Continued Health Coverage)” of the Agreement is hereby amended so that the reference to “the twelve (12) month period” therein is replaced with a
reference to “the eighteen (18) month period.” 

 [Signature Page Follows] 







 IN WITNESS WHEREOF, the Company and the Executive have executed this Amendment on the day and year first
above written. 
  

			
	EXECUTIVE
	
	 /s/ Daniel A. Gaudreau

	Daniel A. Gaudreau
	
	ACTUATE CORPORATION
		
	By:	 	 /s/ Thomas E. McKeever

	Name: Thomas E. McKeever
	Title: Senior Vice President, General Counsel


 [Signature Page to Amendment]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-1993

MELVIN H. TEPHABOCK,

Petitioner,

versus

LAUREL RUN MINING COMPANY; DIRECTOR, OFFICE OF

WORKERS’ COMPENSATION PROGRAMS, UNITED STATES

DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board.

(99-486-BLA)

Submitted: February 23, 2001 Decided: March 13, 2001

Before WIDENER, WILLIAMS, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Hook, Waynesburg, Pennsylvania, for Petitioner. William S.

Mattingly, JACKSON & KELLY, P.L.L.C., Morgantown, West Virginia;

Henry L. Solano, Solicitor of Labor, Donald S. Shire, Associate

Solicitor, Christian P. Barber, Counsel for Appellate Litigation,

Sarah M. Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington,

D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Melvin H. Tephabock seeks review of the Benefits Review Board’s

decision and order affirming the administrative law judge’s denial

of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West

1986 & Supp. 2000). Our review of the record discloses that the

Board’s decision is based upon substantial evidence and is without

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

Board. See Tephabock v. Laurel Run Mining Co., No. 99-480-BLA (BRB

June 16, 2000). 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
Opinion filed May 15, 2014

In The

Eleventh Court of Appeals ___________

No. 11-14-00111-CV

___________

IN THE INTEREST OF W.L.D. AND D.T.D., CHILDREN

On Appeal from the 91st District Court

Eastland County, Texas

Trial Court Cause No. CV-11-42,439

M E M O R A N D U M O P I N I O N

Kelli Sue Bouget, Appellant, has filed a notice of appeal from an order 

holding her in contempt for failing to comply with a previous order of the trial

court regarding the possession of her children. Upon filing the appeal, the clerk of 

this court notified Appellant by letter that it did not appear this court had 

jurisdiction to entertain her direct appeal from an order of contempt. We requested 

that Appellant respond by May 5, 2014, and show grounds to continue the appeal. 

Appellant has not filed a response addressing the jurisdictional issue. We dismiss 

the appeal. 
2

A judgment of contempt is not appealable on direct appeal. Tex. Animal 

Health Comm’n v. Nunley, 647 S.W.2d 951, 952 (Tex. 1983); In re Smith, 310 

S.W.3d 908, 913 (Tex. App.—Eastland 2010, orig. proceeding); Tracy v. Tracy, 

219 S.W.3d 527, 530 (Tex. App.—Dallas 2007, no pet.). The only available 

means of review from an order of contempt are writs of mandamus and writs of 

habeas corpus. In re Long, 984 S.W.2d 623, 625 (Tex. 1999) (orig. proceeding). 

Because this is a direct appeal from a contempt order, we have no jurisdiction. 

Accordingly, we must dismiss this appeal.

The appeal is dismissed for want of jurisdiction. 

PER CURIAM

May 15, 2014

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
**OFFICE OF**  **THE AlTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 



### Hon. oeotgm

8. no8Qe OoantyAttoraoy Y8. Eeaa OoMty Rlehmoa, Tmna

**WherelQ yea**  **srqla** v&other UT aot.m.re et BOBMbarg, Taxes **date4.**

**Qt~oas,** 8Q4 88 above lrrliaatea, tern4 Oh. 8dloel La: born by 8he 8hareh 8ad 'Uhareh ooqt'e tibn.. The aahool Is 

### .oot 8 friva8e 8oheol up1 lt, 8 ae8 .llmltul to O&hor 1100 a one, mm4 there are laao ohildren of non-Catholie faith 

### l

ttea4ia(l,the

m-1. Xn thlm aohoal the ohildraa noeire 6e8enl l4asatlonal tralnlng s1 rllnr to that taa@t ia the ltata maintain@4 aohoola and **in** l 66itioa thormto, they rea*iro religiow lnatructlonHon. Oeorge 0. Ream, page 2.

mnd al40 phyeloml development. The 8ohool la not a prlrote sohool, 06 above lndi oatad, ld It ia not opemted for ?rorit. In one part of the sohool bulldIng,there ~111 be melntalnd a ahapol *~hlok nil1 bo trod rogalwly for rellgloum rornhlp by the ohlldnn in the sohool and the dhoroh oongregatlon and say other person ceslrlap to attend the rell,gloos

servloem them."
Art1010 2, seotlon 2 of our State Conatltutlonpernits the leglolataraby 2enenl laro to l xompf oertoio propertier from taxation. The leglslstare, in eoaiorrlty4th its l uthorltr,l

naote6Artlole TlbO V.A.d.2. aa4 ue quote the applloableportion thereof as follewor

*The follewisgproperty ahall bm exempt frar taxation,to-ritr 1. 2abooia and Oharohoa.-Pablie #&sol housea and l etaal places ef rellglousrorshl), also any property orrud **by** a l

huroh or by a l

trlotly nlI~loas l oalety, ior the l

rola8Ire we as l &welling plaoo for the .dnIotsrs of suoh eharoh or religioocl moiety, the books 

### 4b8a.mata~e uiorefn 

### 0tia the grewi attaohed to ocroh

.balUIngsnooessary Ser the prhper oooupuo~, **ase al**  **enjoyneat of**  the sat+, **uu¶** uhieh field8 M) revenue**wlutewer to**  **oaoh** ohruoh or roll~loureoeiety; provldd that sash ezeaptioa as to the eelllng plaaa for the dnlsfero shall not extend to "r- wweW thmn 1s reasonablyneoeesazy for a awe1 lag pl8oe end In ao **event** aore thon one lora of land. All 9abllo oollyrr, 9ablId l

saaadu, ana all endonent iaatls **oi in8titationm**  or 1uraIag and rdlglea not uned ulth l TIU ti,9xWlt. sna when the mm8 are intaetwl la **beads** or mtiga@8, aDa all mash buildlng~

### ti0ea l xoluslvel~

### ana ownd by 9enoas or l sooeLatlonsoi peroons for l

ohool purapesesl

....* Clearly the property la qaeatioa 18 tax exwpt unlemr It ba deolded that the use ot the oha exerelsea,la addition to **the we**  **of the**  P l l for rrll#loaa **eat re**  **building** for noboo purposes,destroys the exam tlon. exoludtely for either ptapoae mm P The bullding if ased d bo tax l

xupt an4 we me not prepare6 to hold that **the** eoaourrence **of** the two exempt use8 render8 tha property lloble to taxation.

It la, therefore,our opinion that the propertyHon. Oeorge 0. Wane, page 2.

ruoh 1~ the **subjeot** of your laqulry is tax exempt. Yours very trnl7
hTTOl3mtv

OrnIl. O?

m roodror 2auardo

*0m10taat
#### Samvel AVETISYAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-70853.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 15, 2011.*

Filed March 9, 2011.

Deborah Karapetian, Law Offices of Deborah L. Karapetian, Glendale, CA, for Petitioner.

Kimberly A. Burdge, OIL, Office of Immigration Litigation, Michelle Gorden Lat-our, DOJ-U.S. Department of Justice, *686Washington, DC, CAC-District Counsel, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

*

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

MEMORANDUM **

Samvel Avetisyan, a native of Georgia and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, *Iturribarria v. INS,*321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Avetisyan’s motion to reopen as untimely where the motion was filed over two years after the BIA’s final decision, *see*8 C.F.R. § 1003.2(c)(2), and Avetisyan failed to establish changed circumstances in Armenia or Georgia to qualify for the regulatory exception to the time limitation, *see*8 C.F.R. § 1003.2(c)(3)(h); *see also Toufighi v. Mukasey,*538 F.3d 988, 996 (9th Cir.2008) (requiring movant to produce material evidence with motion to reopen that conditions in country of nationality had changed).

We decline to reconsider Avetisyan’s challenge to the immigration judge’s adverse credibility determination because this court already decided the issue in *Avetisyan v. Gonzales,*235 Fed.Appx. 607 (9th Cir.2007); *see also Merritt v. Mackey,*932 F.2d 1317, 1320 (9th Cir.1991) (explaining that under the ‘law of the case doctrine,’ one panel of an appellate court will not reconsider questions which another panel has decided on a prior appeal in the same case).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
| (1)    | The      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended; and                             |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                    |
| (2)    | The      information contained in the report fairly presents, in all material      respects, the financial condition and results of the operations of the      Company. |

| By:    | /s/      Michael J. Pellegrino                            |
|--------|-----------------------------------------------------------|
|   |            Michael J. Pellegrino |
|   |   Senior      Vice President & CFO          |
|   |   April      13, 2009                           |

----
Exhibit 32.2

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

In connection  with the Quarterly  Report of Altair  Nanotechnologies  Inc. (the
"Company")  on Form 10-Q for the  quarterly  period ended  September 30, 2004 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), I, Edward Dickinson, Chief Financial Officer of the Company, certify,
pursuant  to 18  U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  906  of the
Sarbanes-Oxley Act of 2002, that to the best of 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/ Edward Dickinson
------------------------------
Edward H. Dickinson
Chief Financial Officer
November 15, 2004
**EXHIBIT 31.2**Certification of the Principal Executive OfficerPursuant to 15 U.S.C. 78m(a) or 78o(d)(Section 302 of the Sarbanes-Oxley Act of 2002)I, Robert W. Pawlak, the Chief Financial Officer of Cohesant Technologies Inc. (the “Company”),certify that:(1) I have reviewed this annual report on Form 10-KSB/A of the Company;(2) Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis report;(3) Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe Company as of, and for, the periods presented in this report.(4) The Company’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company andwe have:(a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to bedesigned under our supervision, to ensure that materialinformation relating to the registrant, including itsconsolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period inwhich this report is being prepared;(b) Evaluated the effectiveness of the Company’sdisclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation;and
 

 
(c) Disclosed in this report any change in the Company’sinternal control over financial reporting that occurredduring the Company’s most recent fiscal quarter (theCompany’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonablylikely to materially affect, the Company’s internalcontrol over financial reporting; and(5) The Company’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the Company’s auditors and the audit committee of Company’s board ofdirectors (or persons performing the equivalent functions):(a) All significant deficiencies and material weaknessesin the design or operation of internal controls overfinancial reporting which are reasonably likely toadversely affect the Company’s ability to record, process,summarize and report financial information; and(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant rolein the Company’s internal controls over financialreporting.        /s/ Robert W. Pawlak
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Page 47583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22261]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Sunshine Act Meeting; National Science Board

    The National Science Board's ad hoc Committee on Nominating the NSB 
Class of 2018-2024, pursuant to NSF regulations (45 CFR part 614), the 
National Science Foundation Act, as amended (42 U.S.C. 1862n-5), and 
the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice 
of change in the scheduling of a teleconference for the transaction of 
National Science Board business.

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: The original notice 
for this meeting was published at 82 FR 47029, October 10, 2017.

PREVIOUSLY ANNOUNCED TIME AND DATE OF MEETING: Friday, October 13, 2017 
at 5:00-7:00 p.m. EDT.

CHANGES IN MEETING: The teleconference meeting will be held on October 
14, 2017 from 4:00-6:00 p.m. EDT.

CONTACT PERSON FOR MORE INFORMATION: Point of contact for this meeting 
is: Brad Gutierrez, <a href="/cdn-cgi/l/email-protection#adcfcad8d9c4c8dfdfedc3decb83cac2db"><span class="__cf_email__" data-cfemail="7c1e1b090815190e0e3c120f1a521b130a">[email protected]</span></a>, 703-292-7000.

Chris Blair,
Executive Assistant to the NSB Office.
[FR Doc. 2017-22261 Filed 10-10-17; 4:15 pm]
BILLING CODE 7555-01-P


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<ARTICLE>                     5
<LEGEND>
                             FINANCIAL DATA SCHEDULE

     This  schedule  contains  summary  information  extracted  from the Balance
Sheet,  Statement  of  Operations,  Statement  of Cash  Flows and Notes  thereto
incorporated  in Part I, Item 7, of this Form  10-KSB  and is  qualified  in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                                                    <C>  
<PERIOD-TYPE>                                          12-mos
<FISCAL-YEAR-END>                                      mar-31-1998
<PERIOD-END>                                           mar-31-1998
<CASH>                                                 648,986
<SECURITIES>                                           0
<RECEIVABLES>                                          0
<ALLOWANCES>                                           0
<INVENTORY>                                            7,872,804
<CURRENT-ASSETS>                                       9,034,312
<PP&E>                                                 6,196,621
<DEPRECIATION>                                         (3,414,235)
<TOTAL-ASSETS>                                         14,139,887
<CURRENT-LIABILITIES>                                  4,581,831
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               0
<OTHER-SE>                                             0
<TOTAL-LIABILITY-AND-EQUITY>                           14,139,831
<SALES>                                                22,568,527
<TOTAL-REVENUES>                                       22,568,527
<CGS>                                                  13,689,599
<TOTAL-COSTS>                                          10,119,430
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     813,968
<INCOME-PRETAX>                                        (2,054,470)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                                    0
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                           (2,054,470)
<EPS-PRIMARY>                                          (.86)
<EPS-DILUTED>                                          (.86)
        

</TABLE>
Exhibit 10.28

ALDERWOODS GROUP, INC.    EMPLOYEE STOCK PURCHASE PLAN

This Employee Stock Purchase Plan (the "Plan") offers participants in the Plan (each, a "Participant" and collectively, the "Participants") an employer
contribution toward the purchase of shares of common stock, par value $.01 per share (the "Common Shares"), of Alderwoods Group, Inc. (the "Company").

1

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2

---



3

---



4

---



5

---





6

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Approved by Shareholders  April 28th, 2005Amended and Restated by the Board of Directors  November 15, 2005

7

---



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<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JUL-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                              875947
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   2140289
<PP&E>                                             2945891
<DEPRECIATION>                                     (517421)
<TOTAL-ASSETS>                                    16840993
<CURRENT-LIABILITIES>                               214123
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                          28765731
<OTHER-SE>                                       (12138861)
<TOTAL-LIABILITY-AND-EQUITY>                      16840993
<SALES>                                                  0
<TOTAL-REVENUES>                                         0
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                    848518
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                    (848518)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                (848518)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (848518)
<EPS-BASIC>                                           (.04)
<EPS-DILUTED>                                         (.00)<F3>


<FN>
<F3>
Fully diluted EPS not computed on loss
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