alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 23
                                                                      ----------

KPMG Peat Marwick LLP

                        Consent of Independent Auditors

We consent to the  incorporation  by  reference in the  Registration  Statements
(Form  S-3 No.  33-80135  and Form S-8 No.  33-97566)  of  Applied  Science  and
Technology,  Inc. of our report  dated July 30, 1997 except as to note 16, which
is as of  September  3, 1997,  relating to the  consolidated  balance  sheets of
Applied  Science and Technology,  Inc. and  Subsidiaries as of June 28, 1997 and
June  29,  1996,  and  the  related   consolidated   statements  of  operations,
stockholders'  equity,  and cash  flows for each of the years in the  three-year
period  ended June 28, 1997 which report  appears in the June 28,  1997,  annual
report on Form 10-K of Applied Science and Technology, Inc.



                                                       /s/ KPMG Peat Marwick LLP
                                                       -------------------------
                                                       KPMG Peat Marwick LLP



Boston, Massachusetts
September 26, 1997
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
MILTON N. HAYES, Petitioner - Appellant,
v. ANTHONY HEDGPETH, Warden and SALINAS VALLEY STATE PRISON, Respondents - Appellees. No. 12-17630 D.C. No. 5:11-cv-00161-EJD
MEMORANDUM *

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding Submitted January 12, 2015 ** San Francisco California Before: WALLACE, M. SMITH, and FRIEDLAND, Circuit Judges. Petitioner Hayes appeals from the district court judgment denying his petition for writ of habeas corpus pursu ant to 28 U.S.C. § 2254. Hayes challenges his California conviction for first-degree murder, arguing that his pre-arrest 

# FILED
JAN 21 2015 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).statements to police should have been suppressed under Miranda v. Arizona , 384 U.S. 436 (1966). We have jurisdiction pursuant to 28 U.S.C. § 2253, and, reviewing the district court’s decision de novo, we affirm. We must deny Hayes’s petition unless the decision of the California Court of Appeal “(1) . . . was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) . . . was based on an unreasonable determination of the facts in light of the evidence presented in the Stat e court proceeding.” 28 U.S.C. § 2254(d). The decision of the California Court of Appeal was not contrary to any principle of law clearly established by Supreme Court precedent, nor did it involve an unreasonable application of any such prin ciple. Because some of the facts in this case weigh in favor of a finding that Hayes was in custody when he was interrogated while other facts weigh agai nst such a finding, fairminded jurists could disagree over whether Hayes was in custody. Yarborough v. Alvarado , 541 U.S. 652, 664–65 (2004). Thus, the California Court of Appeal’s decision was not unreasonable. Harrington v. Richter , 131 S. Ct. 770, 786–87 (2011). Nor was the California Court of Appeal’s decision based on an unreasonable determination of the facts. Wood v. Allen , 558 U.S. 290, 301 (2010). AFFIRMED. 2
Exhibit
32.1





CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned
officer of FTS Group, Inc., a Nevada corporation (the “Company”), does hereby
certify, to such officer's knowledge, that:





The
Quarterly Report on Form 10-Q for the quarter ended June 30, 2008 (the “Form
10-Q”) of the Company fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, and the information contained in
the Form 10-Q fairly presents, in all material respects, the financial condition
and results of operations of the Company.





By:
            /s/
      Scott GallagherScott
      Gallagher
              Principal
      Executive Officer, Interim Chief Financial Officer and Principal
      Accounting Officer




Date:
 August 19, 2008
[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Page 11764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4991]


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

CONSUMER PRODUCT SAFETY COMMISSION


Sunshine Act Meeting Notice

TIME AND DATE: Wednesday, March 9, 2011; 10 a.m.-11 a.m.

PLACE: Hearing Room 420, Bethesda Towers, 4330 East West Highway, 
Bethesda, Maryland.

STATUS: Closed to the Public.

Matter To Be Considered: 

Compliance Status Report

    The Commission staff will brief the Commission on the status of 
compliance matters. For a recorded message containing the latest agenda 
information, call (301) 504-7948.

CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: March 1, 2011.
Todd A. Stevenson,
Secretary.
[FR Doc. 2011-4991 Filed 3-1-11; 4:15 pm]
BILLING CODE 6355-01-P
EXHIBIT 35.1




SERVICER COMPLIANCE STATEMENT





For the period of April 26, 2012 to December 31, 2012, the servicing of consumer finance receivables owned by BMW Vehicle Lease Trust 2012-1 has been conducted by BMW Financial Services NA, LLC, in its capacity as servicer, in compliance with the servicing standards in all material respects, set forth in Article II of the Servicing Supplement dated April 26, 201 2. To the best of the undersigned's knowledge, based on such review, the servicer has fulfilled all of its obligations under the agreement in all material respects throughout the reporting period.





Dated:  March 20, 2013




BMW FINANCIAL SERVICES NA, LLC




By:   /s/ Joachim Hensel


Name:  Joachim Hensel


Title: Vice President – Finance & CFO
### §1701a. Short title of amendment of 1938

The Act of February 3, 1938, ch. 13, 52 Stat. 8, may be cited as the "National Housing Act Amendments of 1938."

(Feb. 3, 1938, ch. 13, §1, 52 Stat. 8.)

#### **Editorial Notes**

#### References in Text

The National Housing Act Amendments of 1938, referred to in text, enacted sections 1715a, 1715b, and 1733 of this title and amended sections 24, 1703, 1707 to 1709, 1710 to 1715, 1716, 1717, 1718, and section 1731 [see sections 433, 493, 657, 1006, and 1008 to 1010 of Title 18, Crimes and Criminal Procedure] of this title.

#### Codification

Section was enacted as part of the National Housing Act Amendments of 1938, and not as part of the National Housing Act which comprises this chapter.
**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 accompanying Form 10-K of Glimcher Realty Trust (the
“Company”) for the period ended December 31, 2006, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Michael P.
      Glimcher, President, Chief Executive Officer and Trustee of the Company,
      certify, to the best of my knowledge, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to §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 condition and results of operations of the
                Company.







Date:
              February 23, 2007
            /s/
                Michael P. Glimcher


Michael
      P. Glimcher


President,
      Chief Executive Officer


and
      Trustee


(Principal
      Executive Officer)








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 Glimcher Realty Trust and will be retained
      by Glimcher Realty Trust and furnished to the Securities and Exchange Commission
      or its staff upon request.
**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 Foamex International Inc. on Form 10-K for the period ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Stephen E. Markert, Jr., Interim Chief Financial Officer of Foamex International Inc., certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 condition and results of operations of Foamex International Inc. |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| /s/ Stephen E. Markert, Jr. |
|-----------------------------|

Stephen E. Markert, Jr.

Interim Chief Financial Officer

March 30, 2007
**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 accompanying Amendment No. 1 to the Annual Report on
        Form
        10-K/A of Glimcher Realty Trust (the “Company”) for the period ended December
        31, 2005, as filed with the Securities and Exchange Commission on the date
        hereof (the “Report”), I, Mark E. Yale, Senior Vice President, Chief Financial
        Officer and Treasurer (Principal Accounting and Financial Officer) of the
        Company, certify, to the best of my knowledge, pursuant to 18 U.S.C. §1350, as
        adopted pursuant to §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 condition and results of operations of
                  the
                  Company.
   Date:
        March 13, 2006
  /s/
        Mark E. Yale
 Senior
        Vice President,
 Chief
        Financial Officer and
 Treasurer
 (Principal
        Accounting and Financial Officer)
 
 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 Glimcher Realty Trust and will be retained
        by Glimcher Realty Trust and furnished to the Securities and Exchange Commission
        or its staff upon request.
    6
**Exhibit 31.7**
**CERTIFICATION**
I, Kevin P. Corcoran, President and Chief Executive Officer of LynxTherapeutics, Inc., certify that:     1. I have reviewed this annual report on Form 10-K/A of Lynx Therapeutics,Inc.;     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(s) 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(s) and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):      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: October 22, 2004    /s/ Kevin P. Corcoran  President and Chief Executive Officer
```

[110th Congress Public Law 12]
[From the U.S. Government Printing Office]

[DOCID: f:publ012.110]

[[Page 121 STAT. 67]]

Public Law 110-12
110th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  2633 11th Street in Rock Island, Illinois, as the ``Lane Evans Post 
        Office Building''. <<NOTE: Mar. 15, 2007 -  [H.R. 521]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. LANE EVANS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 2633 11th Street in Rock Island, Illinois, shall be known and 
designated as the ``Lane Evans Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lane Evans 
Post Office Building''.

    Approved March 15, 2007.

LEGISLATIVE HISTORY--H.R. 521:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 153 (2007):
            Jan. 29, considered and passed House.
            Feb. 17, considered and passed Senate.

                                  <all>
```
<PAGE>   1
                                                                  EXHIBIT 10.134

                          SIXTH AMENDMENT TO AGREEMENT

            This is the sixth amendment to the Research Collaboration and
License Agreement between MERCK & CO., INC., a corporation organized and
existing under the laws of New Jersey ("MERCK") and ARRIS PHARMACEUTICAL
CORPORATION, a corporation organized and existing under the laws of Delaware,
now known as Axys Pharmaceuticals, Inc. ("Axys") made as of November 6, 1996
(the "Agreement"). The purpose of this sixth amendment is to restructure the
Milestone Payments pursuant to Section 5.3 of the Agreement.

            1.    In accordance with the provisions of Section 9.10 of the
Agreement with regard to an amendment of the Agreement, the parties hereby agree
to amend Section 5.3 of the Agreement       **       . Accordingly, the parties
hereby agree that Section 5.3 shall be replaced in its entirety by the following
Section 5.3.

            5.3   Milestone Payments. Subject to the terms and conditions of
this Agreement, MERCK shall pay to Axys the following milestone payments:

            (a)           **         upon MERCK's validation, in its sole
reasonable judgment exercised in good faith, that an Active Compound has met the
criteria set forth in Section 1.23(a) of this Agreement, as amended;

            (b)           **         upon MERCK's acceptance in its sole
discretion of a Program Compound for Safety Assessment as defined by MERCK;

            (c)           **         upon MERCK's initiation of Phase I human
clinical trials using a Program Compound;

            (d)           **         upon MERCK's initiation of Phase Ell human
clinical trials using a Program Compound;

            (e)           **         upon the filing of an application with the
Food and Drug Administration to register a Licensed Product for marketing in the
United States;

            (f)           **         upon approval by the Food and Drug
Administration to market a Licensed Product in the United States.

            MERCK shall notify Axys in writing within 30 days upon the
achievement of each milestone described in (a) through (f) above, and upon such
notice shall pay Axys the appropriate milestone payment.

* Confidential treatment has been requested by the Registrant.



                                        1
§ 83.10 How will the Department evaluate each of the criteria? ( a ) The Department will consider a criterion in § 83.11 to be met if the available evidence establishes a reasonable likelihood of the validity of the facts relating to that criterion. ( 1 ) The Department will not require conclusive proof of the facts relating to a criterion in order to consider the criterion met.
( 2 ) The Department will require existence of community and political influence or authority be demonstrated on a substantially continuous basis, but this demonstration does not require meeting these criteria at every point in time. Fluctuations in tribal activity during various years will not in themselves be a cause for denial of acknowledgment under these criteria.
( 3 ) The petitioner may use the same evidence to establish more than one criterion.
( 4 ) Evidence or methodology that the Department found sufficient to satisfy any particular criterion in a previous decision will be sufficient to satisfy the criterion for a present petitioner.
( b ) When evaluating a petition, the Department will: ( 1 ) Allow criteria to be met by any suitable evidence, rather than requiring the specific forms of evidence stated in the criteria;
( 2 ) Take into account historical situations and time periods for which evidence is demonstrably limited or not available;
( 3 ) Take into account the limitations inherent in demonstrating historical existence of community and political influence or authority;
( 4 ) Require a demonstration that the criteria are met on a substantially continuous basis, meaning without substantial interruption; and
( 5 ) Apply these criteria in context with the history, regional differences, culture, and social organization of the petitioner.
II

106TH CONGRESS

1ST SESSION S. 1207

To amend the Internal Revenue Code of 1986 to ensure that income averaging

for farmers not increase a farmer’s liability for the alternative minimum

tax.

IN THE SENATE OF THE UNITED STATES

JUNE 10, 1999

Mr. KOHL (for himself, Mr. BURNS, and Mr. HAGEL) introduced the following

bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to ensure

that income averaging for farmers not increase a farmer’s liability for the alternative minimum tax.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Farmer Tax Fairness

5 Act’’.
2

•S 1207 IS

1 SEC. 2. INCOME AVERAGING FOR FARMERS NOT TO IN2 CREASE ALTERNATIVE MINIMUM TAX LIABIL3 ITY.

4 (a) IN GENERAL.—Section 55(c) of the Internal Rev5 enue Code of 1986 (defining regular tax) is amended by

6 redesignating paragraph (2) as paragraph (3) and by in7 serting after paragraph (1) the following:

8 ‘‘(2) COORDINATION WITH INCOME AVERAGING

9 FOR FARMERS.—Solely for purposes of this section,

10 section 1301 (relating to averaging of farm income)

11 shall not apply in computing the regular tax.’’

12 (b) EFFECTIVE DATE.—The amendments made by

13 this section shall apply to taxable years beginning after

14 December 31, 1997.

Æ
### §906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button

Any person subject to this chapter—

(1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and

(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person's uniform or civilian clothing;

shall be punished as a court-martial may direct.

(Added Pub. L. 114–328, div. E, title LX, §5418, Dec. 23, 2016, 130 Stat. 2945.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 906a was renumbered section 903a of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
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 on Form 10-K of Exactech, Inc. (the Company) for the period ended
December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William Petty, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 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 present, in all material respects, the financial condition and results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ William Petty      
|William Petty, M. D.   
|Chief Executive Officer
|March 16, 2007