alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   Exhibit 10.4




                             INDEMNITY AGREEMENT

         THIS INDEMNITY AGREEMENT (this "Agreement") is made as of September 26,
1996, by TRILLIUM CORPORATION, a Washington corporation ("Trillium") and DOUGLAS
B. HAUFF, in favor of GARGOYLES, INC., a Washington corporation ("Gargoyles").

                                  RECITALS

         A. Trillium and Hauff are beneficial owner of shares of Gargoyles'
Common Stock.

         B. To protect Gargoyles against any advances, losses, liabilities,
deficiencies, claims and expenses associated with the Adidas bicycling products
distribution enterprise operated under the trade name Axcent Sports ("Axcent"),
Trillium, Hauff and Gargoyles desire to enter into this Agreement.

                                  AGREEMENT

         NOW THEREFORE, in consideration of the premises and other good and
valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Trillium and Hauff hereby agree as follows:

         1.       INDEMNITY

         Each of Trillium and Hauff, severally and jointly and on an unlimited
basis, hereby agrees to reimburse Gargoyles for any and all advances,
investments of any nature, losses, liabilities, deficiencies, claims and
expenses (whether incurred before or after the date of this Agreement and
including, but not limited to, costs of defense and reasonable attorneys' fees)
associated with Axcent as a result of the failure of such enterprise to pay or
perform its obligations arising from its operations, and each of Trillium and
Hauff, severally and jointly and on an unlimited basis, hereby agrees to
indemnify, defend, and hold harmless Gargoyles from and against all losses,
liabilities, deficiencies, claims and expenses (including, but not limited to,
costs of defense and reasonable attorneys' fees) incurred by Gargoyles arising
from the failure of either Trillium or Hauff to pay or perform its obligations
pursuant to this Agreement. Any payments required to be made pursuant this
Section shall be made before the end of the quarter in which the corresponding
losses or charges are to be recorded in the Company's financial statements.
<PAGE>   2
         2.       ATTORNEYS' FEES

         If it shall be necessary for Gargoyles to employ an attorney to enforce
its rights pursuant to this Agreement because of the default of either Trillium
or Hauff, the defaulting party shall reimburse Gargoyles for reasonable
attorneys' fees and expenses.


         3.       GOVERNING LAW

         This Agreement shall be governed by the internal law of the state of
Washington as to all matters, including but not limited to matters of validity,
construction, effect and performance.

         IN WITNESS WHEREOF, each of the undersigned has executed this Agreement
as of the date first above written:



TRILLIUM CORPORATION

By  /s/ Erik J. Anderson
    -------------------------------
Its     Chief Executive Officer



    /s/ Douglas B. Hauff
    -------------------------------
        Douglas B. Hauff




                                      -2-
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          34,842
<SECURITIES>                                         0
<RECEIVABLES>                                    3,357
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                38,702
<PP&E>                                           4,496
<DEPRECIATION>                                   2,218
<TOTAL-ASSETS>                                  41,055
<CURRENT-LIABILITIES>                            6,074
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            79
<OTHER-SE>                                      34,902
<TOTAL-LIABILITY-AND-EQUITY>                    41,055
<SALES>                                          2,215
<TOTAL-REVENUES>                                 5,890
<CGS>                                              910
<TOTAL-COSTS>                                    2,822
<OTHER-EXPENSES>                                11,948
<LOSS-PROVISION>                                   351
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (8,880)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (8,880)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (7,852)
<EPS-BASIC>                                      (1.03)
<EPS-DILUTED>                                    (1.03)


</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

ARON ARIAS , Appellant,

v.
STATE OF FLORIDA , Appellee

.
No. 4D 21

- 30 61 [ May 12, 2022 ] Appeal of order denying rule 3.8 5 0 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Caroline C. Shepherd , Judge; L.T. Case No

. 50

- 20 15

- CF

- 0 00356

- A XXX

- MB

. Aron Arias , South Bay , pro se
. No appearance required for appellee

.
P ER C URIAM

. Affirmed

. C ONNER , C.J. , M AY and F ORST , JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.
# U n i t e d S t a t e s C o u r t o f A pp e a l s For the Eig hth Circu it

_ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ No . 1 9 -1 8 98

_ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ Lam on t W i l l i am so n
ll l l l l l l l l l l l l l l l l l l l Pl a in t i

f f - Ap p el l an t

v

. Co ri zo n , In c.; Ian W al l ace
l l ll l l l l l l l l l l l l l l l l l Def

en d an t s

M i n a M as s ey
l l l l l l l l l ll l l l l l l l l l l Def

en da n t - Ap

p el l ee

D an a Deg en ; J o hn Do e, Nu rs e; J an e Do e, Nu rs e

l l ll l l l l l l l l l l l l l l l l l Def

en d an t s

_

_ _ _ _ _ _ _ _ _ _ _ Ap p eal fro m

Un i t ed St at es Di s t ri ct Co u rt fo r t h e Eas t ern Di s t ri ct o f M is s o u ri - Cap e Gi rard eau

_

_ _ _ _ _ _ _ _ _ _ _ Su b m i t ted : J an u ary

8 , 2 0 20 Fi l ed : J an u ary

1 4 , 2 02 0 [Un pu b l is h ed ]

_ __ _ _ __ _ __ _ _ Befo re LOKEN, ERICKSON, an d GRASZ, Ci rcu it J u d g es

.

_ __ _ _ __ _ __ _ _PER CURIAM

.

In t h i s 4 2 U.S.C. § 1 9 8 3 act i o n , M i s so u ri i n m at e Lam o nt W i l l i am s o n ap p eal s t h e d is t ri ct co u rt ’ s 1 ad v ers e g ran t o f s u m m ary ju d g m en t on hi s d el i b erat e i n d i fferen ce cl ai m ag ai n s t D r. M i n a M as s ey

. Vi ewi n g t he reco rd i n a l i g h t m o s t fav o rab l e to W i ll i am s o n , an d d rawi n g al l reas o n ab l e i n feren ces i n h i s fav or, t h i s co u rt co n cl u d es t h at t h e g ran t o f s u m

m ary ju d g m en t was warran t ed

. See Cu ll o r v. Bal dwi n , 83 0 F.3 d 8 3 0 , 8 3 6 (8 t h Ci r. 2 0 1 6) (d e n o v o rev i ew). Sp eci fi cal l y , t h is co u rt ag r e e s w i t h t h e d i s t ri ct co u rt t h at ev en as s u m i n g W i ll i am s o n ’ s n as al p ro b l em s , i n cl ud i n g n o s eb l eed s , q u al i fi ed as o b

ject i v el y s eri o u s m ed i cal n ee d s , t h e reco rd d id n o t es t ab l i sh t h at Dr. M as s ey was d el i b erat el y i n d i fferen t t o t ho s e n eed s

. See Al l ard v. Bal d wi n, 7 7 9 F.3 d 7 6 8 , 77 1 -7 2 (8 t h Ci r. 2 0 15 ) (t o p rev ai l o n d el ib erat e i n d i fferen ce cl ai m , i n m at e m u s t

s h o w m en t al s tat e s i m i l ar t o cri m i n al n eg l i g en ce: d efen d an t d i s reg ard ed kn o wn ri s k
t o i n m at e’ s h eal t h ); Fo urt e v

. Fau l k ner Ct y ., Ark ., 7 4 6 F.3 d 3 8 4 , 3 89 (8 t h Ci r. 2 0 1 4 ) (s h o wi ng t h at an o t h er d o ct or m i g h t h av e o rd ered d i fferen t treat m en t o r t es ts d i d n ot eq u at e t o s h o wi n g d el i berat e i n d i fferen ce, as p h y s i ci an s are en ti t led t o ex erci s e t h ei r
o wn m ed i cal ju d g m en t). Th e ju d g m en t i s affi rm ed . See 8 t h Ci r. R. 4 7 B.

__ _ _ _ _ __ _ _ __ _ _ __ _ __ _ _ _ _ _ __ _ _ _ _

1 Th e Ho n o rab l e St ep hen N. Li m b au gh , J r., Un i t ed St at es Di s tri ct Ju d ge fo r t h e Eas t ern Di s t ri ct o f M i ss ou ri

. -2

-
EXHIBIT 31.1
**CERTIFICATION**
     I, Víctor J. Galán, certify that:
1. I have reviewed this quarterly report on Form 10-Q of R&G FinancialCorporation; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 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 registrant as of, and for, the periods presented in this report; 4. The registrant’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 registrantand have:
a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared; b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: November 15, 2004   /s/ VICTOR J. GALANVíctor J. Galán
Director’sAgreement

This Director’s Agreement between Vysis,Inc. ("Vysis"), a Delaware corporation, and Thomas E. Dewey, Jr., andis effective May 1, 2001.

WHEREAS, Vysis and Mr. Dewey wish to setout the terms of compensation for Mr. Dewey’s service upon his election toVysis’ Board of Directors (“Board”), and for certain consulting servicesprovided by Mr. Dewey before his election as a member of Vysis’ Board.

Therefore, Vysis and Mr. Dewey agree tothe following Director’s Agreement.

(1) Vysis agrees to pay Mr. Dewey amonthly retainer fee of $2,000 per month, for each month or part thereof inwhich he provides consulting services or serves as a member of Vysis’ Board.

(2) Vysis agrees to pay Mr. Dewey foreach Vysis Board meeting or Vysis Board Committee that he attends in person orby teleconference as follows:

(i)       $2,000 for each Board meeting attended inperson,(ii)      $1,000 for each Committeemeeting held in conjunction with a Board meeting attended in person,(iii)     $2,000 for each separateCommittee meeting attended in person, and(iv)     for each Board or Committeemeeting attended by teleconference $400 for up to one hour and $750 forteleconferences over 1 hour.

Vysis further agrees to reimburse allreasonable travel and other expenses Mr. Dewey incurs for attendance at a Boardor Committee meeting.  Vysis shall paythe meeting fee promptly after each meeting and shall reimburse the expensespromptly after receipt from Mr. Dewey of an invoice therefor.

(3) Mr. Dewey will also participate inVysis’ 1999 Outside Directors Stock Option Plan ("Plan") according tothe terms of the Plan.  Vysis agreesthat Mr. Dewey will be granted an initial option for 10,000 shares as specifiedin the Plan, with the grant to be made as of the date of his election to the Board.  Mr. Dewey’s participation in the Plan issubject to the Plan and to his acceptance and execution of Vysis' standardstock option agreement for the Plan.

(4) Vysis shall indemnify Mr. Dewey forhis service as a member of Vysis' Board to the fullest extent permitted underDelaware law.  Proof of his inclusionunder Vysis’ D&O policy will be provided.

(5) Mr. Dewey agrees that Vysis shallhave the right to make disclosures of information concerning Mr. Dewey as amember of Vysis' Board that are required by applicable law.

(6) Mr. Dewey agrees to maintain theconfidentiality of Vysis business and technical information (“Information”)provided to him, except for Information which (i) is in or becomes part of thepublic domain without any act of Mr. Dewey or (ii) is provided to Mr. Dewey byanother entity or person, not under an obligation of confidence to Vysis withrespect to such information.

(7) This Director’s Agreement may beterminated by Vysis upon two weeks notice to Mr. Dewey, after his resignation asa member of Vysis’ Board or his non-re-election to or removal from Vysis’Board.

(8) This Director’s Agreement shall begoverned by Delaware law.

 

Accepted and agreed to:

| VYSIS,  INC. | THOMAS  E. DEWEY, JR. |
|--------------|-----------------------|
Exhibit
23




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM







The Board
of Directors


Cascade
Financial Corporation





We
consent to the incorporation by reference in Registration Statement (No.
33-94456) dated July 10, 1995 on Form S-8 and in the registration
statements (No. 333-32272, No. 333-97929, and No. 333-141329) on Form S-8 of
Cascade Financial Corporation of our report dated March 12, 2008, relating to
the consolidated balance sheet of Cascade Financial Corporation and subsidiaries
as of December 31, 2007 and 2006 and the related consolidated statements of
income, stockholders’ equity and comprehensive income, and cash flows for each
of the years in the three-year period ended December 31, 2007, and in our
same report, with respect to Cascade Financial Corporation’s internal control
over financial reporting as of December 31, 2007, which report is included in
this annual report on Form 10-K of Cascade Financial Corporation for the year
ended December 31, 2007.





/s/
Moss Adams LLP


Everett,
Washington


March 12,
2008
IIB 

111TH CONGRESS 

1ST SESSION H. R. 3119 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2009 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To designate the facility of the United States Postal Service 

located at 867 Stockton Street in San Francisco, California, as the ‘‘Lim Poon Lee Post Office’’. 

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


jbell on DSKDVH8Z91PROD with BILLS
2 

HR 3119 RFS 

1 SECTION 1. LIM POON LEE POST OFFICE. 

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

3 Postal Service located at 867 Stockton Street in San 

4 Francisco, California, shall be known and designated as 

5 the ‘‘Lim Poon Lee Post Office’’. 

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

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

9 be deemed to be a reference to the ‘‘Lim Poon Lee Post 

10 Office’’. 

Passed the House of Representatives July 22, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jbell on DSKDVH8Z91PROD with BILLS
#### Government Development Bank For Puerto Rico, Respondent, v Ernst & Young et al., Appellants.

[665 NYS2d 904]

—Order, Supreme Court, New York County (Emily Goodman, J.), entered April 4, 1997, which denied defendants’ motion for summary judgment dismissing the complaint on Statute of *249Limitations grounds, and granted plaintiff’s cross motion to the extent of finding that the complaint is not time-barred, unanimously modified, on the law, the cross motion denied, and otherwise affirmed, without costs.

The motion court properly denied defendants’ motion, which was based on Puerto Rico’s one-year Statute of Limitations for tort actions and New York’s borrowing statute (see, PR Laws Annot, tit 31, § 5298; CPLR 202). Generally, Puerto Rico’s one-year Statute of Limitations does not commence to run until the plaintiff realizes he might suffer an injurious aftereffect (even if the full extent of that injury cannot yet be determined), and has general knowledge of the author of the injury (Rodriguez-*Suris v Montesinos,*123 F3d 10). In this respect, an injured party need not await a judicial determination of injury before acquiring knowledge sufficient to trigger the Statute of Limitations *(Rosado Serrano v E.I. Dupont de Nemours & Co.,*797 F Supp 98, 103).

Here, the evidence revealed that until May 17, 1993, when the chapter 7 bankruptcy auction of collateral secured by plaintiff’s mortgage yielded insufficient recompense for its loan, plaintiff could reasonably have believed that it would not suffer any damage since, prior to that date, it had two offers for the purchase of that collateral in amounts sufficient to repay the loan. A question of fact remains, however, as to the point at which plaintiff should have realized the “marginal” or “uncertain” value of its collateral. Plaintiff failed to bear its burden of establishing insufficient notice of the extent of its injury within the period of limitations *(Barretto Peat v Ayala Colon Sucrs.,*896 F2d 656, 658), such as would preclude factual inquiry on this question *(Santiago Hodge v Parke Davis & Co.,*909 F2d 628). Concur—Murphy, P. J., Milonas, Wallaeh, Rubin and Mazzarelli, JJ.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3152 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3152

  To amend titles XVIII of the Social Security Act to ensure that low-
 income beneficiaries have improved access to prescription drugs under 
                  the Medicare and Medicaid programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2009

 Mr. Holt (for himself and Mr. Doggett) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
  To amend titles XVIII of the Social Security Act to ensure that low-
 income beneficiaries have improved access to prescription drugs under 
                  the Medicare and Medicaid programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Seniors Choose their 
Medicare Drug Plan Act''.

SEC. 2. BENEFICIARY-CENTERED ASSIGNMENT UNDER MEDICARE PART D 
              PRESCRIPTION DRUG PLANS.

    (a) In General.--Section 1860D-1(b)(1) of the Social Security Act 
(42 U.S.C. 1395w-101(b)(1)) is amended--
            (1) in the second sentence of subparagraph (C), by striking 
        ``on a random basis among all such plans'' and inserting ``, 
        subject to subparagraph (D), in the most appropriate plan for 
        such individual''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Beneficiary centered assignment.--In the case 
                of any default enrollment under subparagraph (C), a 
                part D eligible individual described in such 
                subparagraph shall be enrolled in a prescription drug 
                plan based on guidelines established by the Secretary 
                that account for the individual's previous prescription 
                drug utilization.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to enrollments effected on or after November 15, 2010.
                                 <all>
```
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of

-- ) ) Tzell Airtrak Travel Group Corporation ) ) Under Contract No. W91QUZ-07-D-0020 ) APPEARANCE FORTHE APPELLANT:

APPEARANCES FOR THE GOVERNMENT: ASBCA No. 57313
Josephine L. Ursini, Esq.

Law Office ofJosephine L. Ursini Williamsburg, VA Raymond M. Saunders, Esq.

Army ChiefTrial Attorney MAJ Joseph K. Venghaus, JA

Trial Attorney ORDER OF DISMISSAL The dispute has been settled. The appeal is dismissed with prejudice. Dated: 19 June 2014

I certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services Board ofContract Appeals in ASBCANo. 57313, Appeal ofTzell Airtrak Travel Group Corporation, rendered in conformance with the Board's Charter. Dated:
JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals
**EXHIBIT
      32.2**








CERTIFICATION
      OF CHIEF FINANCIAL OFFICER


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 accompanying Quarterly Report on Form 10-QSB of Quick-Med
      Technologies, Inc. (the "Company") for the fiscal quarter ended December 31,
      2006 as filed with the Securities and Exchange Commission on the date hereof
      (the "Report"), I, Nam H. Nguyen, Chief Financial Officer of the Company, hereby
      certify, pursuant Section 1350, Chapter 63 of Title 18, United States Code,
      as
      adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to
      my
      knowledge:





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




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








Dated:
      February 14, 2007     /s/
      Nam H. Nguyen ______


Nam
      H.
      Nguyen


Chief
      Financial Officer