alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   Exhibit 10.18

                     FIRST ADDENDUM TO CONSULTING AGREEMENT

         This First Addendum to Consulting Agreement is made and entered into
effective the 31st day of October 1996 (the "Effective Date"), by and between
Lambert N. Lambrinides ("Mr. Lambrinides") and Skyline Chili, Inc., an Ohio
corporation (the "Company").

         WHEREAS, Mr. Lambrinides and the Company entered into a Consulting
Agreement dated August 31, 1994 (the "Consulting Agreement") pursuant to which
Mr. Lambrinides has been providing consulting services to the Company;

         WHEREAS, the initial term of the Consulting Agreement expired on
October 30, 1996; and

         WHEREAS, pursuant to Paragraph 9(a) of the Consulting Agreement, Mr.
Lambrinides and the Company have mutually agreed to renew the Consulting
Agreement for an additional one year term.

         NOW THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, Mr. Lambrinides and the Company agree as follows:

         1. RENEWAL OF CONSULTING PERIOD. From the Effective Date through
October 26, 1997 (the "Consulting Period"), Mr. Lambrinides shall continue to
provide such Consulting Services as are reasonably requested by the Company. All
of the terms and conditions of the Consulting Agreement shall continue to apply
during this extended Consulting Period. The Company shall continue to maintain
the life insurance policy on Mr. Lambrinides' life in the amount of $250,000
from the Effective Date through October 26, 1997.

         2. TERM OF FIRST ADDENDUM. Unless terminated on an earlier date or
renewed as provided in the Consulting Agreement, the extended term of the
Consulting Agreement and this First Addendum shall expire on October 26, 1997.
All references in the Consulting Agreement to its "initial term" shall now be
deemed references to the extended term described in this First Addendum as the
context requires.

         3. MISCELLANEOUS. Except as modified in this First Addendum, all of the
terms and conditions of the Consulting Agreement shall remain in effect and are
hereby reaffirmed by the parties hereto. Capitalized terms used in this First
Addendum and not defined herein shall have the meanings ascribed to them in the
Consulting Agreement.

         IN WITNESS WHEREOF, Mr. Lambrinides and the Company have signed this
First Addendum as of the Effective Date.

                                       /s/ Lambert N. Lambrinides
                                       ----------------------------------------
                                       Lambert N. Lambrinides


                                       SKYLINE CHILI, INC.

                                       By: /s/ Kevin R. McDonnell
                                           -------------------------------------

                                       Its: President, CEO
Subsidiaries of Hospitality Worldwide Services, Inc.


Hospitality Restoration and Builders, Inc.
1800 Century Park East
Suite 370
Los Angeles, California  90067
State of Incorporation:  New York

Leonard Parker Company
550 Biltmore Way
Coral Gables, Florida  33134
State of Incorporation:  Florida

  Leonard Parker Company Pacific/Asia PTE LTD
  10 Collyer Quay
  #07-09 Ocean Building
  Singapore 0104
  Incorporation:  Singapore

  Leonard Parker Company (Africa) (Proprietary) Limited
  3 Sandown Valley Crescent
  PO Box 786598
  Sandton 2146 South Africa
  Incorporation:  South Africa
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AS OF 12/31/96 AND THE RELATED
CONSOLIDATED STATEMENTS OF INCOME AND CASH FLOWS FOR THE TWELVE MONTHS ENDED
DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             865
<SECURITIES>                                         0
<RECEIVABLES>                                   10,347
<ALLOWANCES>                                       162
<INVENTORY>                                          0
<CURRENT-ASSETS>                                13,705
<PP&E>                                           5,511
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  32,772
<CURRENT-LIABILITIES>                           13,916
<BONDS>                                          1,269
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            42
<OTHER-SE>                                      15,603
<TOTAL-LIABILITY-AND-EQUITY>                    32,772
<SALES>                                              0
<TOTAL-REVENUES>                                47,273
<CGS>                                           30,281
<TOTAL-COSTS>                                   30,281
<OTHER-EXPENSES>                                14,567
<LOSS-PROVISION>                                   100
<INTEREST-EXPENSE>                                 777
<INCOME-PRETAX>                                  1,648
<INCOME-TAX>                                       840
<INCOME-CONTINUING>                                808
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       808
<EPS-PRIMARY>                                      .19
<EPS-DILUTED>                                      .19
        

</TABLE>
#### Richard L. COLEMAN, Plaintiff-Appellant, v. Robert M. STEVENSON, III, Warden; Keisha Taylor, Inmate Grievance Coordinator; Janice Montgomery, Inmate Grievance Coordinator, Defendants-Appellees.

No. 10-7102.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2011.

Decided: Jan. 19, 2011.

Richard L. Coleman, Appellant Pro Se. James M. Davis, Jr., Joel Steve Hughes, Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees.

Before MOTZ, KING, and WYNN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Richard L. Coleman appeals the district court’s order adopting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Coleman v. Stevenson,*No. *7100:09-cv-00872-HMH, 2010 WL 2990740 (D.S.C. July 26, 2010). We also deny Coleman’s motions to place the appeal in abeyance, and for appointment of counsel. 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.*
Exhibit 32.2

CERTIFICATION

Pursuant to 18 U.S.C. § 1350, I, Tucker I. Marr, Chief Financial Officer of Pruco Life Insurance Company of
New Jersey, hereby certify that the accompanying Quarterly Report on Form 10-Q for the quarter ended June 30, 2009, containing the financial statements of Pruco Life of New Jersey Variable Contract Real Property Account (a separate account of
Pruco Life Insurance Company of New Jersey) and The Prudential Variable Contract Real Property Partnership (the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Pruco Life of New Jersey Variable Contract Real Property Account and The Prudential Variable Contract Real
Property Partnership.

Date: August 13, 2009



/s/ Tucker I. MarrTucker I. MarrChief Financial OfficerPruco Life Insurance Company of New Jersey


The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and
is not being filed as part of the Report or as a separate disclosure document.
The Honorable E. Richard Webber, United States District Judge for the Eastern 1

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2430

___________

Mel M. Marin, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Missouri.

LDDS of Missouri, Inc., doing *

business as LDDS of Alabama, Inc.; *

WorldCom, Inc., *

* [UNPUBLISHED]

Appellees. *

___________

 Submitted: January 5, 1998

 Filed: January 12, 1998

___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Mel M. Marin appeals from the district court&s dismissal of his diversity action. 1

In August 1996, Marin filed suit against LDDS of Missouri, Inc. d/b/a LDDS of

Alabama, Inc., and WorldCom, Inc. (collectively WorldCom), claiming breach of

contract, fraud, and invasion of privacy. The district court, on WorldCom&s Federal
-2-

Rule of Civil Procedure 12(b)(1) motion, dismissed Marin&s complaint without

prejudice for failure to establish subject matter jurisdiction. 

Upon de novo review, see Keene Corp. v. Cass, 908 F.2d 293, 296 (8th Cir.

1990), we agree with the district court that Marin failed to establish subject matter

jurisdiction, see Bilal v. Kaplan, 904 F.2d 14, 15 (8th Cir. 1990) (per curiam) (federal

question jurisdiction must appear clearly and distinctly; “mere suggestion of a federal

question is not sufficient to establish the jurisdiction of federal courts”); Sanders v.

Clemco Indus., 823 F.2d 214, 216 (8th Cir. 1987) (complaint must state with specificity

corporate party&s state of incorporation and principal place of business; where plaintiff

fails to state place of incorporation or principal place of business of corporate party,

pleadings are inadequate to establish diversity). We have also considered and reject

Marin&s remaining arguments on appeal as without merit.

Accordingly, the judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<ARTICLE>                              5
<MULTIPLIER>                           1,000
       
<S>                                    <C>     
<PERIOD-TYPE>                          9-MOS
<FISCAL-YEAR-END>                      DEC-31-1996
<PERIOD-START>                         JAN-01-1996
<PERIOD-END>                           SEP-30-1996
<CASH>                                       3,974
<SECURITIES>                                 9,384
<RECEIVABLES>                               28,151
<ALLOWANCES>                                 2,806
<INVENTORY>                                 34,848
<CURRENT-ASSETS>                            76,825
<PP&E>                                      37,407
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                             233,318
<CURRENT-LIABILITIES>                       73,209
<BONDS>                                     29,767
<COMMON>                                     2,022
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                  92,870
<TOTAL-LIABILITY-AND-EQUITY>               233,318
<SALES>                                    140,524
<TOTAL-REVENUES>                           140,524
<CGS>                                       79,624
<TOTAL-COSTS>                               79,624
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                           6,096
<INCOME-PRETAX>                             (4,394)
<INCOME-TAX>                                 2,408
<INCOME-CONTINUING>                         (6,802)
<DISCONTINUED>                                 332
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                (6,470)
<EPS-PRIMARY>                                 (.32)
<EPS-DILUTED>                                    0
        

</TABLE>
#### MAX RACK, INC., Plaintiff-Appellant, v. HOIST FITNESS SYSTEMS, INC., Defendant-Appellee.

No. 2010-1417.

United States Court of Appeals, Federal Circuit.

Feb. 10, 2011.

Jeffrey S. Standley, Standley Law Group, LLP, of Dublin, OH, argued for plaintiff-appellant. With him on the brief were James L. Kwak, F. Michael Speed, Jr. and Michael R. Stonebrook.

Susan B. Meyer, Gordon & Rees, LLP, of San Diego, CA, argued for defendantappellee. With him on the brief was John L. Haller.

Before RADER, Chief Judge, NEWMAN and DYK, Circuit Judges.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is

Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
Exhibit 32.1


                                  CERTIFICATION
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned officer hereby certifies that, to his knowledge,  (1) the Annual
Report on Form 10-K of Productivity  Technologies  Corp. for the year ended June
30, 2004 as to which this  Certification  is an exhibit fully  complies with the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
(15 U.S.C.  78m(a) or 78o(d)) and (2) the  information  contained in such Report
fairly presents,  in all material respects,  the financial condition and results
of operations of Productivity Technologies Corp..

Date: October 8, 2004

/s/ Samuel N. Seidman
---------------------
Samuel N. Seidman,
Chairman and Chief Executive Officer
#### James E. SMITH, Plaintiff-Appellant, v. MICHELIN NORTH AMERICA, INCORPORATED, Defendant-Appellee.

No. 10-2025.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 18, 2011.

Decided: Jan. 25, 2011.

James E. Smith, Appellant Pro Se. William Lee Duda, Ogletree, Deakins, Nash, Smoak *&*Stewart, PC, Columbia, South Carolina, for Appellee.

Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James E. Smith appeals the district court’s order adopting the recommendation of the magistrate judge and granting Michelin’s motion for summary judgment in this employment discrimination action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Smith v. Michelin N. Am., Inc.,*No. 3:09-cv-00022-JFA, 2010 WL 3238325 (D.S.C. Aug. 13, 2010). 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.*
Transmittal of Employer’s Annual OMB No. 1545-0714

Information Return of Tip Income and Allocated Tips Form 8027-T

Department of the Treasury

Internal Revenue Service

 For Privacy Act and Paperwork Reduction Act Notice, see

the Instructions for Form 8027.

Employer’s name Employer identification number

Type or print employer’s

name, address, and

employer identification

number as shown on

Form 941.

Number and street (or P.O. box number, if mail is not delivered to street address.) Number of accompanying Forms 8027

City or town, state, and ZIP code

File Form 8027-T along with accompanying Forms

8027 with the Internal Revenue Service,

Cincinnati, OH 45999 by February 28, 2006.

Use Form 8027-T to send Forms 8027 to the

Internal Revenue Service Center if you have more

than one establishment for which you have to file

Form 8027.

Cat. No. 61006A Form 8027-T (2005)

Apt. or suite no.

2005
[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


    The undersigned hereby certifies, pursuant  to 18 U.S.C.
Section 1350, as  adopted pursuant  to  Section 906  of  the
Sarbanes-Oxley Act of  2002, that this Quarterly  Report  on
Form 10-Q for  the quarter  ended  September 30, 2007  fully
complies  with the requirements of  Section  13(a)  or 15(d)
of the Securities Exchange Act of 1934, as amended, and  the
information contained in such report fairly presents, in all
material respects,  the financial condition and  results  of
operations of the Company.


This 14th day of November, 2007


/S/Wm. Lee Popham
-------------------------------------
Wm. Lee Popham
Chairman, Chief Executive Officer
and Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         JUN-30-1999
<PERIOD-START>                            OCT-01-1998
<PERIOD-END>                              DEC-31-1998
<CASH>                                          7,795
<SECURITIES>                                   72,372
<RECEIVABLES>                                  23,460
<ALLOWANCES>                                        0
<INVENTORY>                                    44,640
<CURRENT-ASSETS>                             (117,071)
<PP&E>                                        808,206
<DEPRECIATION>                               (124,330)
<TOTAL-ASSETS>                                574,005
<CURRENT-LIABILITIES>                       2,416,574
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                   301,700
<COMMON>                                      498,797
<OTHER-SE>                                 (4,338,060)
<TOTAL-LIABILITY-AND-EQUITY>                  574,005
<SALES>                                       238,855
<TOTAL-REVENUES>                              238,855
<CGS>                                               0
<TOTAL-COSTS>                                       0
<OTHER-EXPENSES>                              540,005
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                              (302,139)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                          (302,139)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                 (302,139)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        


</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 2104

To provide duty-free entry privileges to participants in, and other individuals

associated with, the XXVI Summer Olympiad in Atlanta, Georgia, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1993

Mr. LEWIS of Georgia introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To provide duty-free entry privileges to participants in, and

other individuals associated with, the XXVI Summer

Olympiad in Atlanta, Georgia, and for other purposes.

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

3 SECTION 1. DUTY-FREE ENTRIES.

4 Subchapter II of chapter 99 of the Harmonized Tar5 iff Schedule of the United States is amended by inserting

6 in numerical sequence the following new heading:
2

•HR 2104 IH

‘‘ 9902.98.04 Personal effects of

participants in, officials of, and other individuals associated

with the XXVI Summer Olympiad or the

Cultural Olympiad associated with the

XXVI Summer Olympiad; and other articles associated with

the XXVI Summer

Olympiad or the Cultural Olympiad:

(1) Personal effects of participants in, officials

of, or accredited

members of delegations to the XXVI

Summer Olympiad

or the Cultural

Olympiad associated with the

XXVI Summer

Olympiad, or of individuals who are

members of the immediate families or

servants of any of

the foregoing persons.

(2) Any article

for which entry is

sought by participants in, officials

of, or accredited

members of delegations to the XXVI

Summer Olympiad

and which is to be

used or consumed

at or in connection

with the Olympiad.

(3) Any article

for which entry is

sought by participants in, officials

of, or accredited

members of delegations to the Cultural Olympiad associated with the

XXVI Summer

Olympiad and

which is to be used

at or in connection

with the Cultural

Olympiad.

(4) Subject to

regulations prescribed by the Secretary of the Treasury, any other article for which entry

is sought for use at

or in connection

with the XXVI

Summer Olympiad Free No change Free On or before

10/4/96 ’’.

Æ
EXHIBIT 32.1


                                  CERTIFICATION

Pursuant to 18 U.S.C.  Section 1350, I, Andrew J. Mako,  President of Pruco Life
Insurance Company of New Jersey, hereby certify that the accompanying  Quarterly
Report  on Form  10-Q for the  quarter  ended  June  30,  2003,  containing  the
financial statements of Pruco Life of New Jersey Variable Contract Real Property
Account (a separate  account of Pruco Life Insurance  Company of New Jersey) and
The Prudential Variable Contract Real Property Partnership (the "Report"), fully
complies  with the  requirements  of Section 13 (a) or 15 (d) of the  Securities
Exchange Act of 1934 and that the  information  contained  in the Report  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of Pruco Life of New Jersey Variable  Contract Real Property  Account
and The Prudential Variable Contract Real Property Partnership.


Date: August 14, 2003


/s/ Andrew J. Mako
--------------------
Name: Andrew J. Mako
Title: President

The foregoing  certification  is being  furnished  solely  pursuant to 18 U.S.C.
Section  1350 and is not  being  filed as part of the  Report  or as a  separate
disclosure document.


                                       29