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

Exhibit 10.9


Certain confidential information contained in this exhibit have been omitted by means of redacting a portion of the text and replacing it with [***], pursuant to Regulation S-K Item 601(b) of the Securities Act of 1933, as amended. Certain confidential information has been excluded from this exhibit because it is: (i) not material; and (ii) the registrant treats such information as private or confidential.


SECOND AMENDMENT TO AMENDED, RESTATED AND CONSOLIDATED LICENSE AGREEMENT


This second amendment (the “Second Amendment”) to the Amended, Restated and Consolidated License Agreement dated June 27th, 2012 by and between The University of North Carolina at Chapel Hill (“University”) and Novan, Inc. (“Licensee”), as amended by the First Amendment to Amended, Restated and Consolidated License Agreement dated November 30, 2012 (hereinafter referred to as the “Agreement”), is effective as of April 12, 2016.


WHEREAS, the parties now wish to amend the Agreement to update Appendix A of the Agreement to include the Improvement known as [***] as a University Invention and;


WHEREAS, the parties agree to be bound by the terms and conditions of the Agreement, as amended herein;


NOW THEREFORE, the parties agree as follows:


1.The following Improvement is deemed to be included in the University Inventions, and all patents and/or patent applications claiming such Improvement are deemed to be included in the Patent Rights for all purposes under the Agreement, including but not limited to the license granted to Licensee and Its Affiliates pursuant to Section 2.2 of the Agreement:
•             [***]


2.Appendix A of the Agreement is hereby deleted in the entirety and replaced with the attached Appendix A.


3.Capitalized terms used herein have the same meaning as was given them in the Agreement.


4.Other than as amended herein, the Agreement remains in full force and effect.


5.This Second Amendment may be executed by one or more of the parties to this Second Amendment on any number of separate counterparts (including by facsimile transmission or PDF signature), and all of said counterparts taken together shall be deemed to constitute one and the same instrument.


[Signatures appear on following page]










    


































IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Agreement, as indicated below.




									
	THE UNIVERSITY OF NORTH		NOVAN INC.
	CAROLINA AT CHAPEL HILL		
			
	/s/ Jacqueline Quay		/s/ Emily K. Hales
	Jacqueline Quay		Name: Emily K. Hales
	Director of Licensing,		Title: Corporate Counsel
	Office of Commercialization		
	and Economic Development		
			
	4/22/2016		5/6/2016
	Date		Date
			
	Acknowledged and Agreed:		
			
	INVENTORS		
			
	/s/ Mark Schoenfisch		
	Mark Schoenfisch		
			
	/s/ Robert Soto		
	Robert Soto		
			






















































APPENDIX A
Patent Rights


University Invention


[***]
<PAGE>

                   EXHIBIT 32.2 -- SECTION 1350 CERTIFICATION

I, Andrew A. Campbell, certify that:

     (1) the Form 10-Q of Pactiv Corporation for the period ended June 30, 2005,
         (the "Report") fully complies with the requirements of sec.13(a) or
         sec.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 operations of
         Pactiv Corporation for the period then ended.

                                          /s/ ANDREW A. CAMPBELL
                                          --------------------------------------
                                          Andrew A. Campbell
                                          Senior Vice President and Chief
                                          Financial Officer

Date: August 15, 2005

     This certification accompanies this report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended. A signed original
of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.
#### UNITED STATES of America, Plaintiff-Appellee, v. Loren Anthony GASTELUM, Defendant-Appellant.

No. 14-10480.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 20, 2016.*

Filed Jan. 27, 2016.

Erica Leigh Seger, Assistant U.S., Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Victoria A. Brambl, Esquire, Assistant Federal Public Defender, Federal Public Defender’s Office, Tucson, AZ, for Defendant-Appellant.

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

*

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

MEMORANDUM**

Loren Anthony Gastelum appeals from the district court’s judgment and challenges the ten-year term of supervised release imposed following his guilty-plea conviction for failure to register as a sex offender, in violation of 18 U.S.C. § 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gastelum first contends that the district court erred by failing to reassign the case to a different judge after the government breached the parties’ plea agreement. Because Gastelum “both invited the error, and relinquished a known right” by -withdrawing his objection to the alleged breach, agreeing to an oral modification of the plea agreement, and asking the district court to proceed with sentencing, any “error is waived and therefore unreviewable” on appeal. *United States v. Perez,*116 F.3d 840, 845 (9th Cir.1997) (en banc).

Gastelum next contends that the district court procedurally erred by failing to respond to his arguments for lenience and to explain the term of supervised release ade*481quately. We review for plain error, *see United States v. Valencia-Barragan,*608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the district court listened to Gastelum’s mitigating arguments and sufficiently explained the sentence. *See Rita v. United States,*551 U.S. 338, 358-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007).

Gastelum finally contends that the term of supervised release is substantively unreasonable in light of his mitigating arguments. Considering the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Gastelum’s mental illness and history of substance abuse, the district court did not abuse its discretion in imposing the ten-year term. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

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

                  KNOW  ALL  MEN  BY  THESE  PRESENTS  that  each  person  whose
signature  appears below  constitutes and appoints JOHN W. MORGAN and CHARLES E.
BERGERON,  and each of them,  his or her true and lawful  attorneys-in-fact  and
agents,  with full power of substitution and  resubstitution for the undersigned
and in the undersigned's  name, place, and stead, in any and all capacities,  to
sign the Annual Report on Form 10-K of Epitope,  Inc., for its fiscal year ended
September  30, 1998,  and any and all  amendments  to the report and to file the
same, with all exhibits  thereto,  and other documents in connection  therewith,
with   the   Securities   and   Exchange   Commission,    granting   unto   said
attorneys-in-fact  and agents,  and each of them, full power and authority to do
and perform each and every act and thing  requisite and necessary to be done, as
fully  to all  intents  and  purposes  as the  undersigned  might or could do in
person,  hereby  ratifying and  confirming all that said  attorneys-in-fact  and
agents or each of them or their or his substitute or substitutes may lawfully do
or cause to be done by virtue hereof.

                  IN WITNESS WHEREOF,  this power of attorney has been signed by
the following persons in the capacities  indicated  effective as of December 14,
1998.

         Name               Title           Name                     Title
         ----               -----           ----                     -----


/s/ W. Charles Armstrong    Director        /s/ Michael J. Paxton    Director
W. Charles Armstrong                        Michael J. Paxton


/s/ Andrew S. Goldstein     Director,       /s/ Roger L. Pringle     Director
Andrew S. Goldstein         Vice            Roger L. Pringle
                            President


/s/ Margaret H. Jordan      Director        /s/ G. Patrick Sheaffer  Director
Margaret H. Jordan                          G. Patrick Sheaffer


/s/ John W. Morgan          Director,       /s/ Robert J. Zollars    Director
John W. Morgan              President,      Robert J. Zollars
                            and Chief
                            Financial Officer
[Federal Register Volume 66, Number 244 (Wednesday, December 19, 2001)]
[Notices]
[Page 65504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31192]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained 
from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than January 11, 2002.
    A. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice 
President) 411 Locust Street, St. Louis, Missouri 63166-2034:
    1. Bancorp IV, Inc., Olathe, Kansas, to become a bank holding 
company by acquiring at least 80 percent of the voting shares of Bank 
of Montgomery County, Wellsville, Missouri.
    B. Federal Reserve Bank of Dallas (W. Arthur Tribble, Vice 
President) 2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Andrews Holding Company, Andrews, Texas; to become a bank 
holding company by acquiring 100 percent of the voting shares of 
Commercial State Bank, Andrews, Texas.

    Board of Governors of the Federal Reserve System, December 13, 
2001.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 01-31192 Filed 12-18-01; 8:45 am]
BILLING CODE 6210-01-S
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```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3140 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3140

   To provide that an individual may not occupy the position of the 
 Director of National Institute of Allergy and Infectious Diseases for 
              more than 12 years, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2021

Mr. Davidson (for himself, Mr. Norman, Mr. Roy, Mr. Biggs, Mr. Steube, 
and Mr. Murphy of North Carolina) introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
   To provide that an individual may not occupy the position of the 
 Director of National Institute of Allergy and Infectious Diseases for 
              more than 12 years, and for other purposes.

    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 ``Fauci's Incompetence Requires Early 
Dismissal Act'' or the ``FIRED Act''.

SEC. 2. 12-YEAR LIMIT FOR OCCUPYING POSITION OF DIRECTOR OF NATIONAL 
              INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES.

    (a) In General.--Notwithstanding section 405(a)(2) of the Public 
Health Service Act, an individual may not serve as Director of the 
National Institute of Allergy and Infectious Diseases for a period 
greater than 12 total years.
    (b) Application.--Subsection (a) shall apply to any individual 
appointed as such Director before, on, or after the date of enactment 
of this Act.
                                 <all>
```
OFFtCE OF THE ATTORNEY GENERAL OF TEXAS 

s! AUSTIN 

In yoQT lettier of 

Abaham Lola IloElutt ues muit 

for * term of 15 yearu. 

w&ioh was extended 

9, 1941, wmltt wall oono fous years irsprlsoanrant and 

to th0 prlran on Ap\grll 5, 19&l. 

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