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

                                                                    EXHIBIT 31.1

I, Henry J. Fuchs, M.D., President and Chief Executive Officer of IntraBiotics
Pharmaceuticals, Inc., certify that:

1. I have reviewed this quarterly report on Form 10-Q of IntraBiotics
Pharmaceuticals, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

      a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

      b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluations; and

      (c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

      a) All significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

      b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: November 12, 2004                 /s/ Henry J. Fuchs
                                        ----------------------------------------
                                        Henry J. Fuchs, M.D.
                                        President and Chief Executive Officer
### [§§2031, 2032. Repealed. Pub. L. 99–646, §87(c)(1), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, §3(a)(1), Nov. 14, 1986, 100 Stat. 3663]

Section 2031, act June 25, 1948, ch. 645, 62 Stat. 795, prescribed penalties for commission of rape within special maritime and territorial jurisdiction.

Section 2032, act June 25, 1948, ch. 645, 62 Stat. 795, prescribed penalties for carnal knowledge of female under 16 within special maritime and territorial jurisdiction.

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

#### Effective Date of Repeal

Repeal by Pub. L. 99–646 and Pub. L. 99–654 effective, respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87 of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Effective Date note under section 2241 of this title.
(No. 78-CC-0461

#### Michael Travis, Claimant, *v.*State of Illinois, Respondent.

*Order filed April 7, 1978.*

Per Curiam.

Claimant, an inmate of an Illinois penal institution, has brought this action to recover the value of *283certain items of personal property of which he was allegedly possessed while incarcerated. Claimant contends that his property was lost, misplaced, stolen or destroyed while he was imprisoned, and that the loss of his property was proximately caused by the negligence of employees of the State of Illinois.

In *Bargas v. State, 32*Ill.Ct.Cl.__, this Court held that the State of Illinois does not owe a duty to inmates of its penal institutions to safeguard property which inmates keep in their cells. In the companion case of *Doubling v. State, 32 Ill.Ct.Cl.1,*we further held that only where the State takes actual physical possession of the property of an inmate, as during the course of his transfer between penal institutions, does a duty arise to use reasonable care in protecting the inmate’s property.

The complaint in this action does not allege that Claimant’s property was delivered to agents of the State, but rather that the property disappeared or was damaged in Claimant’s cell. Under our reasoning in *Bargas v. State, supra,*and *Doubling v. State, supra,*the complaint herein fails to state a claim upon which relief can be granted.

It is therefore ordered that this cause be, and hereby is, dismissed.
#### § 650.40 What institutional agreements are needed?

Students enrolled in an otherwise eligible institution of higher education may receive fellowships only if the institution enters into an agreement with the Secretary to comply with the provisions of this part.

(Authority: 20 U.S.C. 1134-1134d)
#### Addie P. Flatauer v. Henrietta Loser.

Motion granted; question certified. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
§ 98.3 Access to instructional material used in a research or experimentation program. ( a ) All instructional material—including teachers' manuals, films, tapes, or other supplementary instructional material—which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians of the children engaged in such program or project.
( b ) For the purpose of this part *research or experimentation program or project* means any program or project in any program under § 98.1 (a) or (b) that is designed to explore or develop new or unproven teaching methods or techniques.
( c ) For the purpose of the section *children* means persons not above age 21 who are enrolled in a program under § 98.1 (a) or (b) not above the elementary or secondary education level, as determined under State law.
(Authority: 20 U.S.C. 1221e-3(a)(1), 1232h(a))
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 247

 286

 322

 338

 328

 339

 398

 420

 399

 397

 392

 314

 257

 320

 322

 318

 352

 328

 262

 226

 230

 245

 284

 309

 332

 247

 237

 248

 243

 232

 258

 156

 147

 148

 150

 149

 146

 142

 145

 142

 146

 142

 154

 176

 137

 138

 137

 140

 140

 137

 141

 144

 145

 146

 159

 186

 164

 169

 171

 175

 174

 170

 187

 200

 229

 245

 216

 209

 226

 246

 248

 254

 233

 205

 208

 200

 194

 194

 208

 210

 190

 181

 184

 187

 195

 222

 246

 196

 199

 205

 199

 195

 198

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2019 WATER QUALITY REPORT RUN DATE:August 1, 2019

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 132

 140

 158

 167

 149

 145

 156

 168

 169

 173

 160

 143

 145

 140

 136

 136

 145

 146

 133

 128

 130

 132

 137

 153

 168

 137

 139

 143

 139

 137

 138

TOTAL 6,509

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT HEADWORKS
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 582

 504

 481

 459

 465

 477

 482

 510

 541

 564

 523

 553

 550

 546

 664

 682

 646

 660

 673

 676

 638

 662

 672

 696

 688

 681

 659

 656

 659

 685

 338

 342

 335

 338

 346

 348

 355

 361

 378

 392

 394

 388

 384

 415

 441

 442

 431

 443

 493

 460

 522

 568

 595

 567

 550

 547

 506

 499

 464

 479

 403

 403

 401

 396

 404

 406

 414

 417

 440

 453

 450

 460

 475

 481

 515

 536

 536

 557

 582

 591

 601

 614

 622

 631

 619

 607

 594

 580

 563

 571

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SEPTEMBER 2012 WATER QUALITY REPORT RUN DATE:November 15, 2012

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 265

 265

 264

 261

 266

 267

 272

 274

 288

 296

 294

 300

 310

 313

 334

 347

 347

 360

 376

 381

 387

 395

 400

 406

 399

 391

 383

 374

 364

 369

TOTAL 15,322

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT HEADWORKS
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5055 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 5055

 To amend the Congressional Budget and Impoundment Control Act of 1974 
           to prohibit the use of guarantee fees as offsets.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 2019

Mr. Sherman (for himself and Mr. Zeldin) introduced the following bill; 
 which was referred to the Committee on Rules, and in addition to the 
Committee on the Budget, 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 the Congressional Budget and Impoundment Control Act of 1974 
           to prohibit the use of guarantee fees as offsets.

    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 ``Homebuyer Protection Act of 2019''.

SEC. 2. PROHIBITING THE USE OF GUARANTEE FEES AS OFFSETS.

    (a) In General.--Title III of the Congressional Budget Act of 1974 
is amended by adding at the end the following new section:

           ``prohibiting the use of guarantee fees as offsets

    ``Sec. 316.  (a) In the Senate or the House of Representatives, if 
a bill, resolution, amendment, motion, or conference report includes a 
provision that increases, or extends the increase of, the guarantee 
fees of an enterprise, the chair of the Committee on the Budget of the 
applicable House shall not count the budgetary effects of such 
provision for purposes of title III and title IV of the Congressional 
Budget and Impoundment Act of 1974, the Rules of the House of 
Representatives, and applicable provisions of concurrent resolutions on 
the budget.
    ``(b) The evaluation under subsection (a) shall not apply to any 
legislation that provides for an increase, or extension of an increase, 
of any guarantee fee of an enterprise to be used for the purpose of 
financing reforms to the secondary mortgage market.''.
    (b) Conforming Amendment.--The table of contents set forth in 
section 1(b) of the Congressional Budget and Impoundment Control Act of 
1974 is amended by inserting after the item relating to section 315 the 
following new item:

``Sec. 316. Prohibiting the use of guarantee fees as offsets.''.
                                 <all>
```
Exhibit
          32.2
 Chief
          Financial Officer Certification (Section 906)
 
 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 Aztec Oil & Gas, Inc. (the "Company") on
          Form
          10-KSB for the period ending August 31, 2006 as filed with the Securities
          and Exchange Commission on the date hereof (the "Report"). I, Larry Hornbrook,
          Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
          1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
          that, to the best of my knowledge and belief:
 
 (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 result of
          operations of the Company.
 
 /s/
          Larry
          Hornbrook
 ---------------------------
 Larry
          Hornbrook
 Chief
          Financial Officer
 
 
 Date
          December 14, 2006
 ----------------
INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference in  Registration  Statements  No.
33-50406 and No. 33-50412 of Data Transmission  Network Corporation on Forms S-8
of our report dated January 30, 1996, appearing in the 1995 Annual Report to the
Stockholders of Data Transmission  Network  Corporation which is incorporated by
reference in this Form 10-K of Data  Transmission  Network  Corporation  for the
year ended December 31, 1995.


/s/  Deloitte & Touche  LLP
---------------------------

DELOITTE & TOUCHE  LLP


Omaha, Nebraska
January 30, 1996


                                      325
<PAGE>
<PAGE>

                                                                    Exhibit 23.1

                          INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Pacific Aerospace & Electronics, Inc.:

We consent to the incorporation by reference in the registration statements on
Form S-3 (Nos. 333-58148, 333-56884, 333-44686 and 333-35382) on Form S-8 (Nos.
333-36676, 333-66469, 333-39799 and 333-29007) on Form S-1 (No. 333-66471) and
on Form SB-2 (No. 333-05011) of Pacific Aerospace & Electronics, Inc. of our
report dated August 23, 2002, with respect to the consolidated balance sheets of
Pacific Aerospace & Electronics, Inc. as of May 31, 2001 and 2002, and the
related consolidated statements of operations and comprehensive income (loss),
stockholders' equity (deficit) and cash flows for each of the years in the
three-year period ended May 31, 2002, which report appears in the May 31, 2002,
annual report on Form 10-K, as amended, of Pacific Aerospace & Electronics, Inc.

Our report dated August 23, 2002, refers to a change in the method of accounting
for goodwill and other intangible assets in the year ended May 31, 2002 and also
contains an explanatory paragraph that states that Pacific Aerospace &
Electronics, Inc. has suffered recurring losses from operations and has a net
capital deficiency that raise substantial doubt about its ability to continue as
a going concern. The consolidated financial statements do not include any
adjustments that might result from the outcome of that uncertainty.


                                                        /s/ KPMG LLP

Seattle, Washington
December 4, 2002
#### Chicago, Rock Island & Pacific Railway Company v. Webster Eaton, Administrator of the Estate of John R. Mathews, Deceased.

Filed March 7, 1900.

No. 9,150.

Passengers on Railroad: Personal Injury: Presumption: Statute: Liability oe Carrier: Lord Campbell’s Act: Statutes in Pari Materia: Fourteenth Amendment.

Error from the district court of Thayer county. Tried below before Hastings, J.

*Affirmed.*

*699*W. F. Evans, L. W. Billingsley*and *R. J. Greene,*for plaintiff in error.

*Steioart*cG *Hunger, contra.*

Norval, C. J.

The facts and the questions of law in this case are identical with those in *Chicago, Rock Island & Pacific Railway Co. v. Zernecke, Administratrix,*59 Nebr., 689, decided herewith. As the law applicable to the former case is also applicable in this, we do not deem it necessary to discuss it, and the judgment of the lower court is

Affirmed.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 41237 Summary Calendar

ANDREW PHILLIPS NICHOLS , Petitioner

– Appellant ,

v. WARDEN, FCI BEAUMONT LOW , Respondent

– Appellee

.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:16

- CV

- 165

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Andrew Phillips Nichols, federal prisoner # 07945

- 010 , was convicted of producing visual depictions of child pornography, in violation of 18 U.S.C. § 2251(a) and (e), and was sentenced to 210 months of imprisonment and a lifetime of supervised release. He appeals the dismissal of his 28 U.S.C. § 2241 petition in which he argued that he is actually innocent of the offense of
conviction. His conclusional argument that the savings clause of 28 U.S.C.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 3, 2017 Lyle W. Cayce Clerk Case: 16-41237 Document: 00514101990 Page: 1 Date Filed: 08/03/2017No. 16

- 41237

2 § 2255(e) is unconstitutionally vague fails to show that the district court erred
i n dismissing his § 2241 petition. See Pack v. Yusuff , 218 F.3d 448, 451

- 52 (5th Cir. 2000). The judgment of the district court is AFFIRMED. Case: 16-41237 Document: 00514101990 Page: 2 Date Filed: 08/03/2017
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



The undersigned hereby certifies, in accordance with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of First Indiana Corporation (First Indiana), that, to his knowledge:



|(1) | the Annual Report of First Indiana on Form 10-K for the period ended December 31, 2005, 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 such report fairly presents, in all material respects, the financial condition and results of operations of First Indiana.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                                       
|-------------------- |  |  |  | ------------------------------------------------------
|                     |  | 
|Dated: March 1, 2006 |  |  |  | /s/ William J. Brunner                                
|                     |  |  |  | William J. Brunner                                    
|                     |  |  |  | Vice President, Chief Financial Officer, and Treasurer



A signed original of this written
statement required by Section 906 has been provided to First Indiana Corporation and will be retained by the Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
EX-10.2



 





Exhibit 10.2




AMENDMENT NO. 1




TO THE




TOWN SPORTS INTERNATIONAL HOLDINGS, INC.

2004 COMMON STOCK OPTION PLAN




     WHEREAS, Town Sports International Holdings, Inc. (the “Corporation”) maintains the
Town Sports International Holdings, Inc. 2004 Common Stock Option Plan (the “Plan”);



     WHEREAS, pursuant to Section 6.11 of the Plan, the Compensation Committee of the Board of
Directors of the Corporation (the “Compensation Committee”) may at any time, and from time
to time, amend, in whole or in part, any of or all the provisions of the Plan in such respects as
the Committee may deem advisable; and



     WHEREAS, the Compensation Committee deems it advisable to amend the Plan, effective as of
September 14, 2007;



     NOW, THEREFORE, pursuant to Section 6.11 of the Plan, the Plan hereby is amended, effective as
of September 14, 2007, as follows:



     Section 5.5 of the Plan is amended in its entirety to read as follows:




     “Section 5.5 Exercise Procedure. Options shall be exercised
in whole or in part by written notice to the Company (to the attention of
the Chief Financial Officer of the Company), together with payment in full
of an amount (the “Option Price”) equal to the product of (i) the
applicable Exercise Price for the applicable Options multiplied by
(ii) the number of Option Shares to be acquired. Payment of the Exercise
Price may be made (i) in cash (including certified check, bank draft or
money order or the equivalent thereof acceptable to the Company), (ii) if
approved by the Committee prior to exercise (in the case of an incentive
stock option, if approved by the Committee in the grant), by delivery of a
full recourse promissory note of the Participant bearing interest at a rate
not less than the applicable federal rate determined pursuant to Section
1274 of the Code as of the date of purchase or exercise, (iii) by the
delivery of shares of Common Stock valued at their Fair Market Value as of
the date of exercise as provided in Section 5.6 below, (iv) solely to the
extent permitted by applicable law, if the Common Stock is traded on a
national securities exchange, The NASDAQ Stock Market (or its successor) or
quoted on a national quotation system sponsored by the National Association
of Securities Dealers, through a broker-assisted cashless exercise procedure
whereby the Participant delivers irrevocable instructions to a broker
reasonably acceptable to the Committee to deliver promptly to the Company an
amount equal to the purchase price; or (v) in a combination of the
foregoing. Unless otherwise specified in the Option grant or as determined
by the Committee, no Option may be exercised for a fraction of a share of
Common Stock.”




 









 








     IN WITNESS WHEREOF, the Corporation has caused this Amendment to be executed as of the
14th day of September, 2007.



	 	 	 	 	 
	 	 	TOWN
SPORTS INTERNATIONAL HOLDINGS, INC.

	 
	 	 	 	 
	 

	 	By:	 	/s/ David M. Kastin
	 

	 	 	 	 
	 

	 	Name:
	 	David M. Kastin
	 

	 	Title:
	 	Senior Vice President — General
	 

	 	 	 	     Counsel and Corporate Secretary