alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered March 6, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01161-CR

ELOY SANCHEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5

Dallas County, Texas

Trial Court Cause No. F08-24673-L

ORDER

The Court ORDERS court reporter Debi Harris to file, within FIFTEEN DAYS of the 

date of this order, a supplemental record containing copies of State’s Exhibit nos. 12 and 14, 

DVDs.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Debi 

Harris, Deputy Official Court Reporter, Criminal District Court No. 5, and to counsel for all 

parties.

.

/s/ DAVID EVANS 

JUSTICE
[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Notices]
[Page 72201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27186]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


CDC/HRSA Advisory Committee on HIV and STD Prevention and 
Treatment: Notice of Charter Renewal

    This gives notice under the Federal Advisory Committee Act (Pub. L. 
92-463) of October 6, 1972, that the CDC/HRSA Advisory Committee on HIV 
and STD Prevention and Treatment, of the Department of Health and Human 
Services, has been renewed for a 2-year period extending through 
November 25, 2006.

FOR FURTHER INFORMATION CONTACT: Ron Valdiserri, M.D., Executive 
Secretary, CDC/HRSA Advisory Committee on HIV and STD Prevention and 
Treatment, 1600 Clifton Road, NE., m/s E-07, Atlanta, Georgia 30333. 
Telephone 404/639-8002, or fax 404/639-3125.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both CDC and the Agency for Toxic Substances and Disease Registry.

    Dated: December 6, 2004.
Alvin Hall,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 04-27186 Filed 12-10-04; 8:45 am]
BILLING CODE 4163-18-P
<PAGE>
                                                                       Ex. 10.31

        ACKNOWLEDGEMENT LETTER FOR PARTICIPATION OF CALL OPTION AGREEMENT

SHANGHAI FOCUS MEDIA ADVERTISEMENT CO., LTD., (registered address: F Room 1003,
No.1027, Changning Road, Changning District, Shanghai) (hereinafter the
"PARTICIPANT SHAREHOLDER"), and HEFEI FUKESI ADVERTISEMENT CO., LTD. (registered
address: Room B2401, Gujin Baihua Building, 156 Shouchun Rd., Hefei)
(hereinafter the "NEW TARGET COMPANY"), as independent party, hereby agree to
participate in the Call Option Agreement among FOCUS MEDIA TECHNOLOGY (SHANGHAI)
CO., LTD., SHANGHAI FOCUS MEDIA ADVERTISEMENT CO., LTD. and other relevant
parties (hereinafter, "CALL OPTION AGREEMENT") dated March 28 2005. The
Participant Shareholder hereby grant Focus Media Technology with an irrevocable
equity Call Option (hereinafter "CALL OPTION") in respect to 90% of the equity
share of New Target Company held by this company. Once this Acknowledgement
Letter is executed by this company, the New Target Company and the newly
increase equity share begin to be the "Target Company" and "Option Equity"
defined under the Call Option Agreement (hereinafter the "CALL OPTION
AGREEMENT") entered into between this company, Focus Media Technology and other
relevant parties dated March 28 2005; and this company immediately make the same
representations and warranties in respect to the New Target Company and relevant
equity Call Option as this company made under the Call Option Agreement in
respect to the defined Target Company and Call Option and undertake the same
obligations therein.

<PAGE>

SHANGHAI FOCUS MEDIA ADVERTISEMENT CO.,
LTD.
(Company chop)


Signature by: /s/ Jason Nanchun Jiang
              --------------------------
Name: Jason Nanchun Jiang
Position: Legal Representative
Date: January 13, 2006


HEFEI FUKESI ADVERTISEMENT CO., LTD.
(Company chop)


Signature by: /s/ Jason Nanchun Jiang
              --------------------------
Name: Jason Nanchun Jiang
Position: Legal Representative
Date: January 13, 2006


FOCUS MEDIA TECHNOLOGY (SHANGHAI) CO.,
LTD.
(Company chop)


Signature by: /s/ Jason Nanchun Jiang
              --------------------------
Name: Jason Nanchun Jiang
Position: Legal Representative
Date: January 13, 2006


                                        2
### §250. Medical care and treatment of Federal prisoners

The Service shall supervise and furnish medical treatment and other necessary medical, psychiatric, and related technical and scientific services, authorized by section 4005 of title 18, in penal and correctional institutions of the United States.

(July 1, 1944, ch. 373, title III, §323, 58 Stat. 697.)

#### **Editorial Notes**

#### Codification

"Section 4005 of title 18" substituted in text for "the Act of May 13, 1930, as amended (U.S.C., 1940 edition, title 18, secs. 751, 752)" on authority of act June 25, 1948, ch. 645, 62 Stat. 684, the first section of which enacted Title 18, Crimes and Criminal Procedure.

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

#### Change of Name

"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### **Executive Documents**

#### Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title.
§ 1101.24 Scope of comments Commission seeks. ( a ) *Comment in regard to the information.* The section 6(b) opportunity to comment on information is intended to permit firms to furnish information and data to the Commission to assist the agency in its evaluation of the accuracy of the information. A firm's submission, therefore, must be specific and should be accompanied by documentation, where available, if the comments are to assist the Commission in its evaluation of the information. Comments of a general nature, such as general suggestions or allegations that a document is inaccurate or that the Commission has not taken reasonable steps to assure accuracy, are not sufficient to assist the Commission in its evaluation of the information or to justify a claim of inaccuracy. The weight accorded a firm's comments on the accuracy of information and the degree of scrutiny which the Commission will exercise in evaluating the information will depend on the specificity and completeness of the firm's comments and of the accompanying documentation. In general, specific comments which are accompanied by documentation will be given more weight than those which are undocumented and general in nature.
( b ) *Claims of confidentiality.* If the manufacturer or private labeler believes the information involved cannot be disclosed because of section 6(a)(2) of the CPSA (15 U.S.C. 2055(a)(2)), which pertains to trade secret or other confidential material, the firm may make claims of confidentiality at the time it submits its comments to the Commission under this section. Such claims must identify the specific information which the firm believes to be confidential or trade secret material and must state with specificity the grounds on which the firm bases it claims. (See Commission's Freedom of Information Act regulation, 16 CFR part 1015, particularly 16 CFR 1015.18.)
( c ) *Requests for nondisclosure of comments.* If a firm objects to disclosure of its comments or a portion thereof, it must notify the Commission at the time it submits its comments. If the firm objects to the disclosure of a portion of its comments, it must identify those portions which should be withheld.
### §2689q. Repealed. Pub. L. 96–398, title VI, §601(f), Oct. 7, 1980, 94 Stat. 1603

Section, Pub. L. 88–164, title II, §231, as added Pub. L. 94–63, title III, §303, July 29, 1975, 89 Stat. 328; amended Pub. L. 95–83, title III, §308(g), Aug. 1, 1977, 91 Stat. 396; Pub. L. 95–622, title I, §§102(g), 108, Nov. 9, 1978, 92 Stat. 3412, 3417, set forth establishment, functions, etc., of the National Center for the Prevention and Control of Rape. See section 9511 et seq. of this title.
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


I,  Nancy  Gontarek,  certify,  pursuant  to  18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report  of  Spectrum  Sciences  & Software Holdings Corp. on Form 10-QSB for the
quarterly  period  ended  March 31, 2004 fully complies with the requirements of
Section  13(a)  or  15(d)  of  the  Securities  Exchange  Act  of  1934 and that
information  contained  in  such  Form  10-QSB  fairly  presents in all material
respects  the financial condition and results of operations of Spectrum Sciences
&  Software  Holdings  Corp.

                                        Dated:  August  16,  2004


                                                /s/ Nancy  C.  Gontarek
                                                --------------------------
                                         Name:  Nancy  C.  Gontarek
                                        Title:  Chief  Financial  Officer


                                       34
<PAGE>
§ 301.29 Requirements in respect to disclosure on label. ( a ) The required information shall be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the prospective purchaser, and all parts of the required information shall be set out in letters of equal size and conspicuousness. All of the required information with respect to the fur product shall be set out on one side of the label. The label may include any nonrequired information which is true and non-deceptive and which is not prohibited by the act and regulations, but in all cases the animal name used shall be that set out in the Name Guide.
( b ) The required information may be set out in hand printing provided it conforms to the requirements of paragraph (a) of this section, and is set out in indelible ink in a clear, distinct, legible and conspicuous manner. Handwriting shall not be used in setting out any of the required information on the label.
[17 FR 6075, July 8, 1952, as amended at 26 FR 3187, Apr. 14, 1961; 79 FR 30458, May 28, 2014]
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.15d-2 Special financial report. ( a ) If the registration statement under the Securities Act of 1933 did not contain certified financial statements for the registrant's last full fiscal year (or for the life of the registrant if less than a full fiscal year) preceding the fiscal year in which the registration statement became effective, the registrant shall, within 90 days after the effective date of the registration statement, file a special report furnishing certified financial statements for such last full fiscal year or other period, as the case may be, meeting the requirements of the form appropriate for annual reports of the registrant. If the registrant is a foreign private issuer as defined in § 230.405 of this chapter, then the special financial report shall be filed on the appropriate form for annual reports of the registrant and shall be filed by the later of 90 days after the date on which the registration statement became effective, or four months following the end of the registrant's latest full fiscal year.
( b ) The report shall be filed under cover of the facing sheet of the form appropriate for annual reports of the registrant, shall indicate on the facing sheet that it contains only financial statements for the fiscal year in question, and shall be signed in accordance with the requirements of the annual report form.
[13 FR 9326, Dec. 31, 1948, as amended at 36 FR 1891, Feb. 3, 1971; 58 FR 60306, Nov. 15, 1993; 73 FR 58324, Oct. 6, 2008; 83 FR 50222, Oct. 4, 2018]
#### § 782.3 Compliance review.

Periodically, BIS will request information from persons and locations subject to the APR to determine compliance with the reporting and recordkeeping requirements set forth herein. Information requested may relate to nuclear fuel cycle research and development activities not involving nuclear material, nuclear-related manufacturing, assembly or construction activities, or uranium hard-rock mining activities as described in part 783 of the APR. Any person or location subject to the APR and receiving such a request for information must submit a response to BIS within 30 calendar days of receipt of the request. If the requested information cannot be provided to BIS, the response must fully explain the reason why such information cannot be provided. If additional time is needed to collect the requested information, the person or location should request an extension of the submission deadline, before the expiration of the 30-day time period set by BIS, and include an explanation for why an extension is needed. BIS will grant only one extension of the submission deadline. The maximum period of time for which BIS will grant an extension will be 30 days. Failure to respond to this request could lead to an investigation of the person's or location's reporting and recordkeeping procedures under the APR.
exv10w68



 








EXHIBIT 10.68




KEY TERMS OF COMPENSATION ARRANGEMENT




	 	 	 
	NAME:
	 	Kip M. Garcia
	 	 	 
	TITLE:
	 	President
	 	 	 
	BASE SALARY:
	 	$385,000
	 	 	 
	BONUS PLAN:
	 	Target payout at 65% of base salary.

Effective January 17, 2006, target payout at

85% of base salary.
	 	 	 
	HEALTH BENEFITS:
	 	Medical, dental and vision insurance.
	 	 	 
	401K:
	 	4% match, eligible after 6 months.
	 	 	 
	MANAGEMENT CHANGE OF CONTROL

PLAN:
	 	If involuntary termination, but not for

death, disability or cause, at any time

within 18 months following the change of

control, eligible to receive a payment equal

to three times annual salary and a

pro-rated bonus, in a single lump sum

payment, less applicable taxes, and benefits

coverage for 18 months.
	 	 	 
	MANAGEMENT SEVERANCE PLAN:
	 	Eligible to receive a severance payment equal

to 50% of gross base salary if

involuntarily terminated other than for

death, disability or cause, to be paid in

equal monthly installments over the 12-month

period.
### §280g–14. National diabetes prevention program

#### (a) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a national diabetes prevention program (referred to in this section as the "program") targeted at adults at high risk for diabetes in order to eliminate the preventable burden of diabetes.

#### (b) Program activities

The program described in subsection (a) shall include—

(1) a grant program for community-based diabetes prevention program model sites;

(2) a program within the Centers for Disease Control and Prevention to determine eligibility of entities to deliver community-based diabetes prevention services;

(3) a training and outreach program for lifestyle intervention instructors; and

(4) evaluation, monitoring and technical assistance, and applied research carried out by the Centers for Disease Control and Prevention.

#### (c) Eligible entities

To be eligible for a grant under subsection (b)(1), an entity shall be a State or local health department, a tribal organization, a national network of community-based non-profits focused on health and wellbeing, an academic institution, or other entity, as the Secretary determines.

#### (d) Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 through 2014.

(July 1, 1944, ch. 373, title III, §399V–3, as added Pub. L. 111–148, title X, §10501(g), Mar. 23, 2010, 124 Stat. 996.)
### §1973g. Repealed. Pub. L. 109–246, §3(c), July 27, 2006, 120 Stat. 580

Section, Pub. L. 89–110, title I, §9, Aug. 6, 1965, 79 Stat. 441; renumbered title I, Pub. L. 91–285, §2, June 22, 1970, 84 Stat. 314; amended 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783, related to challenges to eligibilty listings.
§ 300.304 Retained rights of brokers or dealers. ( a ) Nothing stated in these rules shall be construed to prejudice the right of a broker or dealer to any claim against the debtor's estate, or the right of the trustee to make any claim against a broker or dealer, with respect to a commitment of the debtor which was outstanding on the filing date, but ( 1 ) which is not described in § 300.300(c), or
( 2 ) which, although described in § 300.300(c), does not meet the requirements specified in § 300.301 or was not closed out of completed in accordance with § 300.302 or was not reported to the trustee in conformity with § 300.303 or was not supported by appropriate documentation.
( b ) Nothing stated in these rules shall be construed to prejudice the right of a broker or dealer to a claim against the debtor's estate for the amount by which the money difference due the broker or dealer upon a buy-in or sell-out may exceed the amount paid by the trustee to such broker or dealer.
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.327 Form 13H, Information required on large traders pursuant to Section 13(h) of the Securities Exchange Act of 1934 and rules thereunder.

This form shall be used by persons that are large traders required to furnish identifying information to the Commission pursuant to Section 13(h)(1) of the Securities Exchange Act of 1934 [15 U.S.C. 78m(h)(1)] and § 240.13h-1(b) of this chapter.

[76 FR 47004, Aug. 3, 2011]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form 13H, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
### §2313. Transfer of functions

The President is authorized to delegate the duties and responsibilities placed on the Commission by this chapter to such other agencies of the United States Government as are reasonably qualified to perform those duties and responsibilities. The President may delegate any or all of the duties and responsibilities of the Commission in the operation of the communities to such other agencies of the United States Government that are reasonably qualified to perform those duties and responsibilities. The Commission shall retain no financing duties and responsibilities.

(Aug. 4, 1955, ch. 543, ch. 10, §101, 69 Stat. 482.)

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

#### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.

#### **Executive Documents**

#### Executive Order No. 10657

Ex. Ord. No. 10657, eff. Feb. 14, 1956, 21 F.R. 1063, as amended by Ex. Ord. No. 10734, eff. Oct. 17, 1957, 22 F.R. 8275; Ex. Ord. No. 11105, eff. Apr. 18, 1963, 28 F.R. 3909, which related to the transfer of certain functions of the Atomic Energy Commission under this chapter to the Housing and Home Finance Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

#### Executive Order No. 11105

Ex. Ord. No. 11105, eff. Apr. 18, 1963, 28 F.R. 3909, which provided for the transfer of certain functions of the Atomic Energy Commission under this chapter to the Housing and Home Finance Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
#### Marie T. Bata, Respondent, v. Bata a.s., Appellant, and Svit National Corporation, Intervener, Appellant.

Motion denied without prejudice to a renewal of the motion to dismiss the appeal of Bata a.s. from the judgment at the time of the argument or submission of the appeal. Present — Dore, J. P., Callahan, Breitel and Bastow, JJ. [See *ante,*p. 939.]
##### 



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 Endeavour International Corporation (the Company) on
Form 10-K as amended by Amendment No. 1 on Form 10-K/A for the annual period ended December 31,
2004 (the Report), as filed with the Securities and Exchange Commission on the date hereof, I,
John N. Seitz, Co-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, as amended; and 2. The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. /s/ John N. SeitzJohn N. SeitzCo-Chief Executive Officer
 April 29, 2005 A signed original of this written statement required by Section 906 has been provided to
Endeavour International Corporation and will be retained by Endeavour International Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.