alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### The New Madrid earthquakes: An engineering-geologic interpretation of relict liquefaction features

By: Stephen F. Obermeier

                            https://doi.org/10.3133/pp1336B

#### Links

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- NGMDB Index Page:  **National Geologic Map Database Index Page**
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

#### Study Area

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EXHIBIT 32.1



Certification of Chief Executive Officer 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 Quarterly Report on Form 10-Q/A of
Duquesne Light Holdings, Inc. (the Company) for the period ending June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), Morgan K. OBrien, as Chief Executive Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



WITNESS the due execution hereof this 24th day of March, 2005.



/s/ Morgan K. OBrienMorgan K. OBrienPresident and Chief 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 Duquesne Light Holdings, Inc. and will be retained by Duquesne Light Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### § 905.827 Special performance standards—Coal preparation plants not located within the permit area of a mine.

Part 827 of this chapter, Permanent Program Performance Standards—Coal Preparation Plants Not Located Within the Permit Area of a Mine, shall apply to any person who conducts surface coal mining and reclamation operations which include the operation of a coal preparation plant not located within the permit area of a mine.
#### James H. Cook, Respondent, v Mea-Mobiate, Inc., et al., Appellants.

In an action, *inter alia,*for an accounting, defendants appeal from so much of an order of the Supreme Court, Nassau County, dated June 9,1978, as (1) granted plaintiff’s motion to dismiss their counterclaims pursuant to CPLR 3211 (subd [a], par 4) and (2) denied their cross motion to vacate the note of issue and statement of readiness or, in the alternative, to stay all proceedings until the plaintiff produces an alleged employee (Eugene Coussa) for an examination before trial. Order modified by deleting therefrom the provision which granted plaintiff’s motion to dismiss the defendants’ counterclaims and substituting therefor a provision denying said motion. As so modified, order affirmed insofar as appealed from, without costs or disbursements. We find that the counterclaims include a series of interrelated causes of action, *some*of which were not pleaded in the prior action between the parties now pending in Federal court, and, for that reason, plaintiff’s motion should have been denied in its entirety. Furthermore, assuming that *all*of the causes of action had been the same, CPLR 3211 (subd [a]) provides, *inter alia:*"A party may move for judgment dismissing one or more causes of action asserted against him on the ground that * * * 4. there is another action pending between the same parties for the same cause of action in a court of any state or the United States; [however] the court need not dismiss upon this ground but may make such order as justice requires”. In our opinion, "justice requires” that these counterclaims be tried together. However, so much of the order appealed from as denied defendants’ cross motion to compel plaintiff to produce his alleged employee for an examination before trial, under pain of procedural sanction, was properly denied by Special Term in the absence of any showing that the named individual was an employee of the plaintiff, as opposed to the nonparty Cook Equipment Corporation. Latham, J. P., Suozzi, Gulotta, Shapiro and Cohalan, JJ., concur.
DYNASIL CORPORATION OF AMERICA
                    AMENDMENT TO AGREEMENT OF EMPLOYMENT

     THIS AGREEMENT is dated as of June 15, 2007 and  amends the Agreement of
Employment  executed  August  21, 2006 and effective  October  2,  2006  (the
"Original  Agreement") by and between DYNASIL CORPORATION OF AMERICA,  a  New
Jersey corporation (the "Company"), and MEGAN SHAY ("Employee").

     WHEREAS,  the  Original Agreement contemplated that  the  parties  could
mutually  agree  that  Employee's time commitment pursuant  to  the  Original
Agreement  could be reduced from full-time to part-time six months after  the
Closing Date;

     WHEREAS, the transition contemplated by the Original Agreement  has  not
occurred as contemplated; and

     WHEREAS,  the  Company  and  the Employee wish  to  amend  the  Original
Agreement to reflect Employee's agreement to work on a full-time basis during
the  period  from  April  1,  2007  to September  30,  2007  (the  "Full-Time
Employment Extension Period").

     NOW, THEREFORE, the parties hereto agree as follows:

     1. The Company and Employee agree that notwithstanding Paragraph 2(a) of
the Original Agreement, Employee shall devote her full time and skills to the
conduct of the Company's and EMF's businesses during the Full-Time Employment
Extension Period.

     2.  In  consideration of Employee's agreement pursuant  to  Paragraph  1
above, the Company will pay the Employee an additional $25,000 for the  Full-
Time  Extension Period.  At Employee's election, the $25,000 may be  paid  to
Employee  either  during  the Full-Time Extension Period  or  by  adding  the
$25,000  to  the amounts owed to Employee by EMF with respect to  obligations
owed  to Employee for periods prior to the Effective Date.  In the event that
Employee  works  less than full time during the Full-Time  Extension  Period,
then  a mutually agreeable method will be developed to prorate the amount  of
the $25,000 which is paid.

     3.  Capitalized terms not defined herein have the meanings given in  the
Original Agreement.

     4.  The  obligation for payment as outlined in paragraph 2 shall survive
the expiration of the original employment agreement.

     5.  Unless  specifically  amended  herein,  all  terms,  conditions  and
provisions of the Original Agreement shall remain in full force and effect.

     IN  WITNESS  WHEREOF,  the  parties have  executed  and  delivered  this
Amendment to Agreement of Employment as of the date first above written.

                                   DYNASIL CORPORATION OF AMERICA
                                   By:  _______________
                                        Craig T. Dunham
                                        President and CEO

                                   EMPLOYEE:
                                        _______________
                                        Megan Shay
§ 516.13 Assistance in serving process overseas. ( a ) *Europe.* For information and assistance concerning service of process of persons assigned to or accompanying U.S. Forces in Europe, contact the Foreign Law Branch, International Law Division, Office of The Judge Advocate, Headquarters U.S. Army, Europe, and Seventh Army, Unit 29351, (Heidelberg, Germany) APO AE 09014.
( b ) *Korea.* For information and assistance concerning service of process of persons assigned to or accompanying U.S. Forces in Korea, contact Staff Judge Advocate, US Forces Korea (Seoul, Republic of Korea), APO AP 96205.
( c ) *Panama, Central and South America.* For information and assistance concerning service of process of persons assigned to or accompanying forces in the U.S. Army Southern Command, contact Staff Judge Advocate, HQ, US Army South, Fort Clayton, Panama, APO AA 34004-5000.
Exhibit 31.1
**CERTIFICATIONS**
I, David C. Swanson, certify that:
 1. I have reviewed this quarterly report on Form 10-Q of R.H.Donnelley Corporation;  2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presentedin this report;  4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
   a.) designed such disclosure controls and procedures,or caused such disclosure controls or procedures to bedesigned under our supervision, to ensure that materialinformation relating to the registrant, including itsconsolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in whichthis report is being prepared;    b.) evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation;    c.) disclosed in this report any change in theregistrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal controlover financial reporting; and
 5. The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming equivalent functions):
   a.) all significant deficiencies and materialweaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarizeand report financial information; and    b.) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role inthe registrant’s internal control over financial reporting.     Date: November 9, 2004 By: /s/ David C. Swanson      David C. Swanson   Chairman and Chief Executive Officer
78
Exhibit 10.37


AMENDMENT
NUMBER THREE

TO THE

NEW YORK STOCK EXCHANGE, INC.

CAPITAL ACCUMULATION PLAN


WHEREAS, New York Stock Exchange, Inc. (“NYSE”)
maintains the New York Stock Exchange, Inc. Capital Accumulation Plan,
effective January 1, 1998 (the “Plan”).


WHEREAS, NYSE may amend the Plan by action of
its board of directors (the “Board”) or a person designated by the Board; and


WHEREAS, the Board desires to freeze the Plan
effective as of January 1, 2004.


NOW,
THEREFORE,
pursuant to Section 16 of the Plan, the Plan is hereby amended, effective as of
January 1, 2004, as follows:


1.             Section 1(o) is amended by adding
the following sentence at the end thereof:


Notwithstanding any
contrary provision contained herein, no person shall be designated as, or shall
become, a Participant in this Plan on or after January 1, 2004.


2.             Section 2(a) is amended by adding
the following language at the end thereof:


Notwithstanding any other
provision of the Plan to the contrary, the Plan is frozen, effective as of
January 1, 2004, and no book entry contribution shall be made or credited
pursuant to this Section 2(a) to any Accumulation Account with respect to
amounts earned for services performed after December 31, 2003.


 

















 


IN WITNESS WHEREOF, the undersigned has caused this Amendment to be
executed this 7th day of October, 2004.


	
   

  	
  NEW YORK STOCK
  EXCHANGE, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ DALE B.
  BERNSTEIN

  
	
   

  	
   

  	
   

  
	
   

  	
  Dated:

  	
  10/7/04

  



 


-2-
EXHIBIT 12



                       DONALDSON, LUFKIN & JENRETTE, INC.
         STATEMENT RE COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                        (In thousands, except for ratio)

<TABLE>
<CAPTION>
                                                                                                                 For the Six Months
                                                                   For the Years Ended                                  Ended
                                    ----------------------------------------------------------------------------------------------
                                        1995             1996             1997            1998             1999          6/00

<S>                                 <C>              <C>             <C>              <C>              <C>            <C>
Earnings:
     Income before provision for
       income taxes                 $    298,500     $   473,800     $    661,100     $   600,500      $   953,500    $    646,700

Add: Fixed  Charges
     Interest expense (gross)          2,699,769       2,865,800        4,012,209       4,501,242        4,839,810       3,478,960

        Interest factor in rents          22,064          25,515           29,351          38,517           52,563          30,994
                                    ------------     -----------     ------------    ------------      -----------    ------------

        Total fixed charges            2,721,833       2,891,315        4,041,560       4,539,759        4,892,373       3,509,954


Earnings before fixed charges,
   and  provision for income taxes  $  3,020,333     $ 3,365,115     $  4,702,660     $ 5,140,259      $ 5,845,873     $ 4,156,654
                                    ============     ===========     ============     ===========      ===========     ===========

Ratio of earnings to fixed charges          1.11            1.16             1.16            1.13             1.19            1.18
                                    ============     ===========    =============    ============     ============     ===========
</TABLE>
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 Quarterly Report of Duke Energy Corporation (Duke Energy) on Form 10-Q for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Paul M. Anderson, Chairman of the Board and Chief Executive Officer of Duke Energy, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 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 Duke Energy.



|                   |  |  |  |                                                                   
|------------------ |  |  |  | ------------------------------------------------------------------
|                   |  | 
|Date: May 10, 2004 |  |  |  | /s/    PAUL M. ANDERSON                                           
|                   |  |  |  |                                                                   
|                   |  |  |  | Paul M. Anderson Chairman of the Board and Chief Executive Officer
IN THE COURT OF APPEALS OF IOWA
No. 17

- 0056 Filed April 18, 2018

CITY OF DUBUQUE , Plaintiff

- Appell ant ,
vs. JADE ENGINEERING, LLC and DUBUQUE COUNTY, IOWA , Defendant s - Appell ees

.

________________________________________________________________ Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt , Judge.

City appeals from an adverse ruling concluding four properties were not abandoned pursuant to Iowa Code section 657A.10A (2016). AFFIRMED.

Crenna M. Brumwell, City Attorney , Dubuque , for appellant. Stuart G. Hoover of Blair & Fitzsimmons, P.C. , Dubuque , f or appellee s

.

Heard by Doyle, P.J., and Tabor and McDonald, JJ.2

MCDONALD, Judge. The City of Dubuque pursues this appeal from an order denying its petition to obtain title to four pieces of real property claimed to be abandoned within the meaning of Iow a Code section 657A.10A (2016) . On appeal, the city challenges the district court’s findings of fact, application of fact to law, and ultimate conclusion the city failed to prove the parcels were abandoned within the meaning of the case. Our review is de novo. See Iowa Code § 657A.10A(1); Iowa R. App. P. 6. 907 () ; City of Council Bluffs v. Harder , No. 08

- 1315, 2009 WL 3775116, at *2 (Iowa Ct. App. Nov. 12, 2009). W e are not bound by the district court's factual findings, but we give them weight, especi ally when considering the credibility of witnesses. See
Iowa R. App. P. 6.904(3)(g). On de novo review, balancing all of the relevant statutory factors, like the district court, we conclude the city failed to prove the property was abandoned within the m eaning of the Code. We affirm the judgment of the district court without further opinion. See Iowa Ct. R. 21.26 (a), (d).
AFFIRMED.
Exhibit 10.257


                                 PROMISSORY NOTE
                                  (NO INTEREST)

$12,856.00                                                  Glendale, California
   June 29, 2000




     FOR VALUE RECEIVED, Carlos Pineda (Payor") promises to pay in lawful money
of the United States of America to Pollution Research and Control Corp., a
California corporation ("Payee"), or order, at Glendale, California, the sum of
$12,856.00 Dollars from the date hereof on the unpaid principal payable in
installments of principal only in the sum of $50.00 Dollars commencing on July
15, 2000 and payable on the same day of each month thereafter until paid in
full.

     The unpaid principal may be prepaid without penalty. Each payment hereunder
shall be credited to the principal amount.

     If each installment under this note is not paid when due, the undersigned
shall pay all costs of collection thereof, including reasonable attorneys' fees,
whether or not suit or action is commenced to enforce payment of this note, and
Payee may, at its option, declare the entire amount of the then unpaid principal
immediately due and payable if such default is not cured within 10 days after
Payee provides the undersigned written notice of such default. The undersigned
hereby waives presentment, notice of dishonor and protest.

     This note is secured by shares of Payee's common stock, no par value (the
"Shares"), pursuant to a certain Stock Pledge Agreement, dated as of June 29,
2000 (the "Pledge Agreement").

     Upon the termination of employment of Payor as an employee of Payee for any
reason, the unpaid balance of this note shall be cancelled, and the pro rata
portion of Shares which then not fully paid for, shall be returned to Payee
pursuant to the terms of the Pledge Agreement.

                                            Payor:



                                            By:  /s/  Carlos Pineda
                                               --------------------------------
                                                      Carlos Pineda
#### Allan Rubin, Appellant, v. Ila Mann, Respondent.

Motion by appellant to dispense with the printing of the 44 exhibits enumerated in the supporting affidavit, granted on condition that a copy of said exhibits not printed in the record, be served upon respondent’s attorney either before or together with the printed record on appeal. The original exhibits shall be submitted to the court upon the argument of the appeal. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.
#### § 1602.20 Registrant.

A *registrant* is a person registered under the Selective Service Law.