alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Empire State Building Associates L.L.C.
June 30, 2002


                  Exhibit 99(1)
          Empire State Building Associates L.L.C.

          Chief Executive Officer Certification
              Pursuant to Section 906
           of Sarbanes - Oxley Act of 2002

	The undersigned Peter L. Malkin is signing this Chief
Executive Officer certification as a Member* of Empire State
Building Associates L.L.C.("Registrant") to certify that:
(1) the Quarterly Report on Form 10-Q of Registrant for the
quarterly period ended June 30, 2002(the "Report") fully
complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934(15 U.S.C.78m or 78o(d));
and

(2) the information contained in the Report fairly presents, in
all material respects, the financial condition and results
of operations of Registrant.


Dated:  August 28, 2002
                                By /s/ Peter L. Malkin
                                Peter L. Malkin
                                Member of Empire State
                                Building Associates L.L.C.




*Registrant's organizational documents do not provide for a Chief
Executive Officer or other officer with equivalent rights and
duties.  As described in the Quarterly Report, Registrant is a
limited liability company with three Members who act as agents
for investor participants.  Accordingly, this Chief Executive
Officer certification is being signed by the Member of Registrant
with the longest term of service.
1203.203 Reporting suspected violations of the Gratuities clause. ( a ) Suspected violations of the Gratuities clause shall be reported to the contracting officer responsible for the acquisition (or the Chief of the Contracting Office (COCO) if the contracting officer is suspected of the violation). The contracting officer (or COCO) shall obtain from the person reporting the violation, and any witnesses to the violation, the following information— ( 1 ) The date, time, and place of the suspected violation;
( 2 ) The name and title (if known) of the individual(s) involved in the violation; and
( 3 ) The details of the violation (*e.g.,* the gratuity offered or intended) to obtain a contract or favorable treatment under a contract.
( b ) The person reporting the violation and witnesses (if any) should be requested to sign and date the information certifying that the information furnished is true and correct. The COCO shall report suspected violations to the Office of the Inspector General (OIG), 1200 New Jersey Avenue SE, Washington, DC 20590, with a copy to General Counsel and the OA's Chief Counsel.
#### MILLER, Respondent, v. BLACK RIVER TELEPHONE CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 27, 1903.)

Action by Reuben L. Miller against the Black River Telephone Company.

PER CURIAM.

Judgment and order affirmed, with costs.

WILLIAMS, J., dissents. STOVER, J., not voting.
### §605. Repealed. June 30, 1947, ch. 166, title II, §206(d), 61 Stat. 208

Section, acts May 12, 1933, ch. 25, title I, §5, 48 Stat. 33; June 19, 1934, ch. 648, title II, §1, 48 Stat. 1059, related to loans from Reconstruction Finance Corporation and warehouse receipts as collateral.
§ 767.20 Requirements of respondent or permit holder upon service of a NOVA. ( a ) The respondent or permit holder has 45 days from service receipt of the NOVA in which to reply. During this time the respondent or permit holder may: ( 1 ) Accept the penalty or compromise penalty, if any, by taking the actions specified in the NOVA;
( 2 ) Seek to have the NOVA amended, modified, or rescinded under paragraph (b) of this section;
( 3 ) Request a hearing before a DOHA Administrative Judge under paragraph (f) of this section;
( 4 ) Request an extension of time to respond under paragraph (c) of this section; or
( 5 ) Take no action, in which case the NOVA becomes final in accordance with § 767.22(a).
( b ) The respondent or permit holder may seek amendment, modification, or rescindment of the NOVA to conform to the facts or law as that person sees them by notifying the Director of the NHHC in writing at the address specified in the NOVA. If amendment or modification is sought, the Director of the NHHC will either amend the NOVA or decline to amend it, and so notify the respondent, permit holder, or vessel owner, as appropriate.
( c ) The respondent or permit holder may, within the 45-day period specified in paragraph (a) of this section, request in writing an extension of time to respond. The Director of the NHHC may grant an extension in writing of up to 30 days unless he or she determines that the requester could, exercising reasonable diligence, respond within the 45-day period.
( d ) The Director of the NHHC may, for good cause, grant an additional extension beyond the 30-day period specified in paragraph (c) of this section.
( e ) Any denial, in whole or in part, of any request under this section that is based upon untimeliness will be in writing.
( f ) If the respondent or permit holder desires a hearing, the request must be in writing, dated and signed, and must be sent by mail to the Director, Defense Office of Hearings and Appeals, 875 North Randolph St., Suite 8000, Arlington, VA 22203. The Director, Defense Office of Hearings and Appeals may, at his or her discretion, treat any communication from a respondent or a permit holder as a proper request for a hearing. The requester must attach a copy of the NOVA. A single hearing will be held for all parties named in a NOVA and who timely request a hearing.
### §7516. Settlement and adjustment of claims

#### (a) In general

The Secretary or a designee of the Secretary shall have the authority to—

(1) determine the amount of, settle, and adjust any claim arising under this chapter; and

(2) waive such a claim if the Secretary determines that to do so will serve the purposes of this chapter.

#### (b) Litigation

Nothing contained in this section shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28 to conduct litigation on behalf of the United States.

(Pub. L. 98–8, title II, §215, as added Pub. L. 102–237, title IX, §922(b), Dec. 13, 1991, 105 Stat. 1888.)

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

#### Effective Date

Section effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102–237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title.
<PAGE>

EXHIBIT 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
               ---------------------------------------------------

We consent to incorporation by reference in the Registration Statement on Form
S-8 (SEC File #: 333-83504), filed on February 27, 2002, of our independent
auditor's report dated October 15, 2002 (except for Notes P and O as to which
the date is December 30, 2002) relating to the audited balance sheets of
Composite Technology Corporation (SEC File #0-10999, CIK # 317477) as of
September 30, 2002 and 2001 and the related statements of operations and
comprehensive loss and cash flows for each of the years ended September 30, 2002
and 2001, respectively, which report appears in the 2002 Annual Report on Form
10-KSB of Composite Technology Corporation.



                                                S. W. HATFIELD, CPA
Dallas, Texas
January 9, 2003



<PAGE>
### §414. Repealed. Aug. 9, 1955, ch. 632, §2, 69 Stat. 553

Section, act July 28, 1953, ch. 251, title I, 67 Stat. 217, related to investigation and certification of any agricultural commodity or food product offered for interstate shipment. See section 1622(h) of this title. Similar provisions were contained in the following prior appropriation acts:

July 5, 1952, ch. 574, title I, 66 Stat. 348.

Aug. 31, 1951, ch. 374, title I, 65 Stat. 238.

Sept. 6, 1950, ch. 896, Ch. VI, 64 Stat. 672.

June 29, 1949, ch. 280, title I, 63 Stat. 343.

June 19, 1948, ch. 543, title I, 62 Stat. 527.

July 30, 1947, ch. 356, title I, 61 Stat. 543.

June 22, 1946, ch. 445, 60 Stat. 290.

May 5, 1945, ch. 109, 59 Stat. 158.

June 28, 1944, ch. 296, 58 Stat. 453.

July 12, 1943, ch. 215, 57 Stat. 421.

July 22, 1942, ch. 516, 56 Stat. 687.

July 1, 1941, ch. 267, 55 Stat. 431.

June 25, 1940, ch. 421, 54 Stat. 555.

June 30, 1939, ch. 253, title I, 53 Stat. 968.

June 16, 1938, ch. 464, title I, 52 Stat. 740.

June 29, 1937, ch. 404, title I, 50 Stat. 425.

June 4, 1936, ch. 489, title I, 49 Stat. 1450.

May 17, 1935, ch. 131, title I, 49 Stat. 275.

Mar. 26, 1934, ch. 89, 48 Stat. 493.

Mar. 3, 1933, ch. 203, 47 Stat. 1459.

July 7, 1932, ch. 443, 47 Stat. 637.

Feb. 23, 1931, ch. 278, 46 Stat. 1268.

May 27, 1930, ch. 341, 46 Stat. 418.

Feb. 16, 1929, ch. 227, 45 Stat. 1212.

May 16, 1928, ch. 572, 45 Stat. 561.

Jan. 18, 1927, ch. 39, 44 Stat. 998.

May 11, 1926, ch. 286, 44 Stat. 523.

Feb. 10, 1925, ch. 200, 43 Stat. 844.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000033015
<NAME> ENSERCH CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   2-MOS                   7-MOS
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1997
<PERIOD-START>                             AUG-01-1997             JAN-01-1997
<PERIOD-END>                               SEP-30-1997             JUL-31-1997
<CASH>                                          21,824                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  197,597                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    125,112                       0
<CURRENT-ASSETS>                               469,118                       0
<PP&E>                                       1,189,988                       0
<DEPRECIATION>                                   8,914                       0
<TOTAL-ASSETS>                               2,699,065                       0
<CURRENT-LIABILITIES>                          427,259                       0
<BONDS>                                        583,981                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                    175,000                       0
<COMMON>                                             0                       0
<OTHER-SE>                                     564,533                       0
<TOTAL-LIABILITY-AND-EQUITY>                 2,699,065                       0
<SALES>                                              0                       0
<TOTAL-REVENUES>                               276,651               1,278,157
<CGS>                                                0                       0
<TOTAL-COSTS>                                  283,580               1,227,864
<OTHER-EXPENSES>                                  (11)                  25,745
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              13,058                  44,537
<INCOME-PRETAX>                               (19,976)                (19,989)
<INCOME-TAX>                                   (6,198)                 (4,612)
<INCOME-CONTINUING>                           (13,778)                (15,377)
<DISCONTINUED>                                       0               (224,691)
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (13,778)               (240,068)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
### §5332. Functions of Council

The Council shall—

(1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan;

(2) evaluate the scientific and technical quality of the comprehensive plan and the effectiveness of the coordinated program;

(3) recommend to the Secretaries, on an annual basis, means of enhancing the comprehensive plan and the coordinated program; and

(4) submit to the Secretaries annual reports that—

(A) shall contain the components specified in paragraphs (2) and (3); and

(B) shall be included in full in the biennial reports of the Secretaries to the President for transmittal to Congress under section 5312(b) of this title.

(Pub. L. 101–445, title II, §202, Oct. 22, 1990, 104 Stat. 1042.)
12.601 General. ( a ) This subpart provides optional procedures for— ( 1 ) Streamlined evaluation of offers for commercial products or commercial services; and
( 2 ) Streamlined solicitation of offers for commercial products or commercial services for use where appropriate.
( b ) These procedures are intended to simplify the process of preparing and issuing solicitations and evaluating offers for commercial products or commercial services consistent with customary commercial practices.
[86 FR 61024, Nov. 4,2021]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Balance Sheet as of June 30, 1999 and the Statement Of Income
for the year ended June 30, 1999, and is qualified in its entirety by
refenence to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1998
<CASH>                                         358,216
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,938,507<F1>
<PP&E>                                      39,000,000
<DEPRECIATION>                              36,185,660
<TOTAL-ASSETS>                               5,752,847
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   4,300,631
<TOTAL-LIABILITY-AND-EQUITY>                 5,752,847
<SALES>                                      3,009,375<F2>
<TOTAL-REVENUES>                             3,086,943<F3>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,168,942<F4>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,918,001
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,918,001
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,918,001
<EPS-BASIC>                                 1,443.84<F5>
<EPS-DILUTED>                                 1,443.84<F5>
<FN>
<F1>Includes prepaid rent
<F2>Rental income
<F3>Includes dividend income
<F4>Leasehold rent, supervisory fees, legal fees and amortization of
    leasehold
<F5>Earnings per $10,000 participation unit, based on 3,300 participation
    units outstanding during the year




</TABLE>
**Judgment of the Court of First Instance (Second Chamber) of 3 October 2006 – Hewlett-Packard v Commission**

**(Case T-313/04)**

Refusal of repayment of import duties – Action for annulment – Importation of printers and printer cartridges from Singapore – Particular circumstances – Equity clause – Article 239 of Regulation (EC) No 2913/92

1.                     *Acts of the institutions – Temporal application – Immediate application of a new procedural rule – Retrospective effect of
a substantive rule – Conditions (Council Regulation No 3093/95; Commission Regulation No 3009/95) (see para. 53)*

2.                     *Own resources of the European Communities – Repayment or remission of import or export duties (Council Regulation No 2913/92,
Art. 239; Commission Regulation No 2454/93, Art. 905) (see paras 55-61)*

3.                     *Community law – Principles – Legal certainty – Community legislation (see para. 66)*

4.                     *Community law – Principles – Protection of legitimate expectations – Conditions (see paras 72-73)*

**Re:**

| |
| --- |
| ACTION for annulment of Commission Decision REM 06/02 of 7 April 2004 advising the German authorities that the applicant should not receive repayment of import duties on printers and printer cartridges from Singapore. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| | | Dismisses the action; |

| | | |
| --- | --- | --- |
| | | Orders the applicant to bear its own costs and pay those of the Commission. |
1309.507-2 Contract clauses. ( a ) In accordance with FAR 9.507-2, insert clause 1352.209-71, *Limitation of Future Contracting,* substantially as written, when the contractor's eligibility for future prime contract or subcontract awards shall be restricted because of services being provided as stated in FAR 9.505-1 through 9.505-4. ( 1 ) Insert the basic clause when the contractor will be providing systems engineering and/or technical direction. (*See* FAR 9.505-1)
( 2 ) Insert the clause with its Alternate I when the contractor will be preparing specifications or work statements. (*See* FAR 9.505-2)
( 3 ) Insert the clause with its Alternate II when the contractor will be providing technical evaluation or advisory and assistance services. (*See* FAR 9.505-3)
( 4 ) Insert the clause with its Alternate III when the contractor will be obtaining access to proprietary information. (*See* FAR 9.505-4)
( 5 ) Insert the clause with its Alternate IV when the contract is a task order contract. The contracting officer may modify Alternate IV to include a list of systems for which task orders may be issued and indicate which organizational conflict of interest provision in paragraph (a)(2) of this clause shall apply.
( 6 ) Insert the clause with its Alternate V when the contract provides for delivery orders. The contracting officer shall indicate in each delivery order which organizational conflict of interest provision in paragraph (a)(2) of this clause shall apply.
( 7 ) Insert the language in Alternate VI when it is necessary to have the restrictions of this clause included in all or some subcontracts, teaming arrangements, and other agreements calling for performance of work related to the contract.
( b ) Insert clause 1352.209-72, *Restrictions against Disclosure,* in service contracts, including architect-engineer contracts, and supply and construction contracts requiring a restriction on the release of information developed or obtained in connection with performance of the contract.
( c ) Insert the clause 1352.209-73, *Compliance with the Laws,* in all solicitations and contracts.
( d ) Insert the clause 1352.209-74, *Organizational Conflict of Interest,* in all solicitations and contracts.
( e ) Insert clause 1352.209-75, *Title 13 and Non-Disclosure Requirements,* in all solicitations and contracts for services where the contractor will have access to Title 13 data.
#### The People of the State of New York, Respondent, v. John McCracken, Appellant.

Judgment unanimously reversed on the law and facts and new trial granted. Memorandum: During the course of their deliberations the jury inquired if they might recommend leniency “ for any one or all of the defendants”. They were informed in substance by the trial court that while there was no statutory provision for such action they were not forbidden to do so, and if they wished, might do so. Prompt exception to the instruction was taken by appellant’s counsel. Thereafter the jury returned with a verdict finding appellant and his two eodefendants, Buck and McCoy, guilty of four counts of robbery, first degree, and one count each of grand larceny, first degree and assault, first degree. In addition, the jury made *“a*recommendation of leniency” only for appellant. The instruction was clearly erroneous (cf. *People*v. *Sherwood,*271 N. Y. 427, 435). Inasmuch as we have heretofore affirmed the judgments of convictions of the codefendants, Buck and McCoy (18 A D 2d 967) we advert briefly to the facts that distinguish the instant appeal from our decisions therein. Not only was there no recommendation for the codefendants, but appellant presented testimony from his father that on the night of the commission of the alleged crimes he saw his son and at that time the latter was under the influence of alcohol and could hardly stand or walk. In addition evidence was presented as to the good character of appellant. In the light of this proof the jury may have had grave douibt as to what finding they should make. They sought refuge in their request as to whether they could recommend leniency. The jury was in effect invited to go beyond their province and in substance instructed that the law permitted such action. (Appeal from judgment of Monroe County Court convicting defendant of robbery, first degree, four counts, and grand larceny, first degree, one count.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                FEDERAL MORTGAGE CORPORATION OF PUERTO RICO, INC.
                       PURSUANT TO 18 U.S.C. SECTION 1350

     In connection with the Quarterly Report of Federal Mortgage Corporation
of Puerto Rico, Inc. (the "Company") on Form 10-QSB for the period ended
December 31, 2004, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Peter Porath, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:

     (1)  The Report fully complies with the requirements of Section 13(a) or
15(d), as applicable, 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.


/s/ Peter Porath
Peter Porath

President, Chief Executive Officer
February 9, 2005
1409.202 Policy. ( a ) The HCA is the official responsible for establishing the qualification requirement in FAR 9.202(a)(1). This authority is not redelegable.
( b ) The HCA is the approval official referenced in FAR 9.202(e).
### §508. Separability

If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of said sections and the applicability of such provisions to other persons and circumstances shall not be affected thereby.

(Jan. 14, 1929, ch. 69, §9, 45 Stat. 1080.)
#### William R. Miller, Appellant, v. Richard B. Mapes, Respondent. William R. Miller, Appellant, v. Town of Wales, New York, Respondent.

Judgment and order insofar as they relate to the appellant Miller in his action against respondent Mapes unanimously reversed upon the law and facts and a new trial granted, with costs to the appellant to abide the event; judgment and order insofar as they relate to the appellant Miller in his action against the Town of Wales unanimously affirmed, without costs. Memorandum: The verdict of the jury in the action of *Miller*v. *Mapes*was contrary to and against the weight of evidence. (Appeal from judgment of Erie Trial Term for defendants Mapes and Town of Wales for no cause of action in an automobile *878negligence action. The order denied plaintiff’s motion for a new trial.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.