alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Rx Staffing, Inc. (the "Company") on Form 10-QSB for the three months ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Shaun M. Jones, acting in the capacity as the Chief Executive Officer and Chief Financial Officer of the Company, certify to the best of my knowledge, 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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

/s/ Shaun M. Jones

|   | Shaun M. Jones |  
 

Chief Executive Officer and Chief Financial Officer

 

May 9, 2006

 
 

 

 

 

  |
|--------|----------------|----------------------------------------------------------------------------------------------------------------------------------------|
#### § 160.79 Request for additional standards.

Any person to whom any duplicates have been loaned without security deposit, who shall request and be granted the loan of additional duplicates to replace the original ones, shall be required to deposit the security provided for in § 160.75 prior to the loan of such additional duplicates. If the set of duplicates first loaned to such person, or any part thereof, is recovered, it shall be returned for inspection or repair. The cost of any repairs or replacements shall be paid, whereupon such original set may be returned to such person, and he shall surrender the second set, on receipt of which the security posted therefor shall be returned.
#### The People of the State of New York, Respondent, v. Robert James Northrop, Appellant.

Memorandum by the Court.

The averments in the petition were sufficient to require a hearing. The contentions of the defendant were not conclusively refuted by “ unquestionable documentary proof ” (see *People*v. *Drake,*20 A D 2d 826, revd. 15 N Y 2d 626; *People*v. *Stewart,*26 A D 2d 842; *People*v. *Shaver,*26 A D 2d 735). Order reversed, and case remitted to the County Court of Otsego County for a hearing upon the allegations set forth in the petition. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

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## Breadcrumb

            -  Announcements 
            -           Resource: Vaccines for Children (VFC) Program      

# Resource: Vaccines for Children (VFC) Program

The Vaccines for Children (VFC) program offers vaccines at no cost to eligible children who might not otherwise be vaccinated because of an inability to pay. Vaccines are offered through a national network of health care providers enrolled in the program. Children under the age of 18 who meet any of the following criteria are eligible: 
                  -  American Indian or Alaska Native  
                  -  Medicaid-eligible  
                  -  Uninsured  
                  -  Underinsured  

**Learn more.**
July 23, 1997

Nicholas Fund, Inc.
700 North Water Street
Milwaukee, WI 53202

Gentlemen:

      We have acted as counsel to Nicholas Fund, Inc. ("Fund"), a
corporation organized under the laws of the State of Maryland, in
connection  with  the preparation and filing  of  a  registration
statement  on  Form  N-1A  and amendments thereto  ("Registration
Statement"), relating to the registration of the common stock  of
the  Fund  ("Common Stock") under the Securities Act of 1933,  as
amended.

      We  have reviewed the Articles of Incorporation and By-Laws
of the Fund and the Registration Statement; we have also reviewed
such  corporate  records and other documents and have  made  such
examinations of law as we have deemed necessary for  purposes  of
the  opinion  hereinafter  expressed.  We  have  assumed  without
independent  verification the genuineness of signatures  and  the
conformity  with originals of all documents submitted  to  us  as
copies.  Based upon the foregoing, we are of the opinion that:

	  1.   The Fund is a corporation, duly organized and
     legally  existing  under  the  laws  of  the  State  of
     Maryland.

	   2.    The Fund is authorized to issue up  to  two
     hundred  million (200,000,000) shares of Common  Stock,
     par  value  $.50  per  share,  including  those  shares
     currently issued and outstanding.

	   3.   The shares of Common Stock to be offered for
     sale  pursuant to the Registration Statement have  been
     duly  authorized and, upon the effectiveness  of  Post-
     Effective   Amendment  No.  44  to   the   Registration
     Statement  and compliance with applicable  federal  and
     state  securities  laws  and  regulations,  when  sold,
     issued (within the limits authorized under the Articles
     of   Incorporation  of  the  Fund)  and  paid  for   as
     contemplated in the Registration Statement, such shares
     will  have been validly and legally issued, fully  paid
     and non-assessable.

	   4.    Post-Effective  Amendment  No.  44  to  the
     Registration Statement does not contain any disclosures
     which  would  render it ineligible to become  effective
     under Rule 485(b) under the Securities Act of 1933.

      We  consent to the filing of this opinion as an exhibit  to
the  Registration Statement and to the references to  us  in  the
prospectus  comprising Part A and elsewhere in  the  Registration
Statement.

				   Sincerely yours,



				   /s/ DAVIS & KUELTHAU, S.C.
			       -----------------------------------
				       DAVIS & KUELTHAU, S.C.
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Page 69698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28653]


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

DEPARTMENT OF THE INTERIOR

Office of the Secretary


Invasive Species Advisory Committee

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of public meetings of the Invasive Species Advisory 
Committee.

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

SUMMARY: Pursuant to the provisions of the Federal Advisory Committee 
Act, notice is hereby given of meetings of the Invasive Species 
Advisory Committee (ISAC). Comprised of 30 nonfederal invasive species 
experts and stakeholders from across the nation, the purpose of the 
Advisory Committee is to provide advice to the National Invasive 
Species Council, as authorized by Executive Order 13112, on a broad 
array of issues related to preventing the introduction of invasive 
species and providing for their control and minimizing the economic, 
ecological, and human health impacts that invasive species cause. The 
Council is co-chaired by the Secretary of the Interior, the Secretary 
of Agriculture, and the Secretary of Commerce. The duty of the Council 
is to provide national leadership regarding invasive species issues.
    Purpose of Meeting: The meeting will be held on December 7-9, 2010 
in Washington, DC, and will focus primarily on Early Detection and 
Rapid Response as it relates to invasive species. The full ISAC will 
also consider a white paper entitled, Invasive Species and Climate 
Change, as drafted by the ISAC Task Team on Climate Change.

DATES: Meeting of the Invasive Species Advisory Committee: Tuesday, 
December 7, 2010 through Thursday, December 9, 2010. The meeting will 
be held 8 a.m. to 5 p.m. on Tuesday, December 7, 2010 and Wednesday, 
December 8, 2010. On Thursday, December 9, 2010, the meeting will begin 
at 8 a.m., and adjourn at 12 noon.

ADDRESSES: U.S. Department of Agriculture, Economic Research Service 
Conference Center, 1800 M Street, NW. (South Tower), Washington, DC 
20036. The general session will be held in the Waugh Auditorium.

    Note: All meeting participants and interested members of the 
public must be cleared through building security prior to being 
escorted to the meeting.


FOR FURTHER INFORMATION CONTACT: Kelsey Brantley, National Invasive 
Species Council Program Analyst and ISAC Coordinator, (202) 513-7243; 
Fax: (202) 371-1751,

    Dated: November 8, 2010.
Lori Williams,
Executive Director, National Invasive Species Council.
[FR Doc. 2010-28653 Filed 11-12-10; 8:45 am]
BILLING CODE 4310-RK-P
#### § 15f.1 What is the purpose of these regulations?

These regulations provide the rights of complainants and the procedures for the processing of certain nonemployment related complaints alleging discrimination by USDA that were filed with USDA prior to July 1, 1997, as authorized under section 741(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, enacted in Division A, section 101(a) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. 105-277.
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JON W. FELT, Plaintiff - Appellant,
v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant - Appellee. No. 13-35865 D.C. No. 2:12-cv-00170-JPH
MEMORANDUM *

Appeal from the United States District Court for the Eastern District of Washington James P. Hutton, Magistrate Judge, Presiding Submitted May 5, 2015 ** Before: THOMAS, Chief Judge, D.W. NELSON, and LEAVY, Circuit Judges. Jon W. Felt appeals the district court’s order affirming the Commissioner of Social Security’s denial of his app lication for supplemental security income benefits under Title XVI of the Social Secur ity Act. At step five of the sequential 

# FILED
MAY 07 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), and Felt’s motion to submit this case on the briefs is granted.evaluation process, the administrative law judge (ALJ) determined that Felt could perform jobs that exist in significant numbers in the national economy. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Molina v. Astrue , 674 F.3d 1104, 1110 (9th Cir. 2012), and we affirm. The ALJ did not err in giving no weight to the contradicted opinion of treating psychologist Dr. W. Scott Mabee that Felt’s psychological limitations prevented him from working. The ALJ provided specific and legitimate reasons, supported by substantial evidence, for giving Dr. Mabee’s opinion no weight by stating that Dr. Mabee’s opinion relied upon Felt’s contradicted, subjective reports regarding the severity of his disability and did not address the numerous inconsistencies in the medical evidence. See Valentine v. Comm’r of the Soc. Sec Admin. , 574 F.3d 685, 692 (9th Cir. 2009). The ALJ accommodated all of Felt’s lim itations in the residual functional capacity (RFC) assessment and in her hypothetical questions to the vocational expert. The ALJ’s determination that Fe lt had the RFC to perform work that only included simple and repetitive one-to-three step tasks, did not involve detailed work, and only required occasional contact w ith the public, was consistent with the restrictions identified by the examining psychologists. See Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1174 (9th Cir. 2008). Moreover, the ALJ’s RFC

13-35865 2determination and associated hypothetical questions posed to the vocational expert pertaining to Felt’s restrictions “containe d all of the limitations that the ALJ found credible and supported by substan tial evidence in the record.” See Bayliss v. Barnhart , 427 F.3d 1211, 1216 (9th Cir. 2005); Roberts v. Shalala, 66 F.3d 179, 184 (9th Cir. 1995) (stating that the ALJ is not bound to accept as true restrictions in hypothetical questions propounded by claimant's counsel that are not supported by substantial evidence). AFFIRMED.

13-35865 3
#### § 1752.26 No rights to special servicing actions.

Nothing in this part should be assumed guaranteed as a right to the Borrower for any of the special servicing actions noted in this part.
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Page 69705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28558]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Marine Well Containment Venture

    Notice is hereby given that, on September 29, 2010, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Marine Well Containment 
Venture (``MWCV'') has filed written notifications simultaneously with 
the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, new entities are now participating in the MWCV. Pursuant 
to Section 6(b) of the Act, the identities of the new entities 
participating in the venture are: Chevron Gulf of Mexico Response Co. 
LLC, Houston, TX; ConocoPhillips Marine Containment Holdings Co. LLC, 
Houston, TX; ExxonMobil Offshore Well Containment LLC, Houston, TX; and 
Shell Offshore Response Co. LLC, Houston, TX.
    No other changes have been made in either the membership or planned 
activity of the venture. The composition of members in this venture may 
change, and MWCV intends to file additional written notifications 
disclosing all changes in membership.
    On August 18, 2010, MWCV filed its original notification pursuant 
to Section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to Section 6(b) of the Act on 
October 12, 2010 (75 FR 62570).

Patricia A. Brink,
Deputy Director of Operations Antitrust Division.
[FR Doc. 2010-28558 Filed 11-12-10; 8:45 am]
BILLING CODE 4410-11-M
#### Ethel Mosher, Appellant, v. Bank of Palm Beach and Trust Co. et al., as Executors of Walter C. Mosher, Deceased, Defendants, and Frances D. Mosher, as Ancillary Executrix of Walter C. Mosher, Deceased, Respondent.

Order unanimously modified in accordance with the Memorandum and as modified affirmed, without costs. Memorandum: The trial court correctly determined that the Surrogate Court decree was a bar to plaintiff’s declaratory judgment action, but erroneously dismissed the complaint. It should have granted a declaration in defendants’ favor *(Hoffman*v. *City of Syracuse,*2 N Y 2d 484, 487; *Matter of Mandis*v. *Gorski,*24 A D 2d 181, 184). Such a declaration will be incorporated in the order entered hereon. (Appeal from order of Monroe Special Term dismissing complaint.) Present — Williams, P. J., Bastow, Goldman, Del Vecchio and Marsh, JJ.
#### § 1738.156 Buy American requirement.

Awardees shall use in connection with the expenditure of loan and grant funds only such unmanufactured articles, materials, and supplies, as have been mined or produced in the United States or in any eligible country, and only such manufactured articles, materials, and supplies as have been manufactured in the United States or in any eligible country, substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States or in any eligible country. For purposes of this section, an “eligible country” is any country that applies with respect to the United States an agreement ensuring reciprocal access for United States products and services and United States suppliers to the markets of that country, as determined by the United States Trade Representative. The Buy American regulations may be found at, and any requests for waiver must be submitted pursuant to, 7 CFR part 1787.
#### § 1752.3 Definitions.

The terms and conditions provided in this section are applicable to this part only. All financial terms not defined in this section shall have the commonly-accepted meaning under Generally Accepted Accounting Principles.

*Acceleration.* A written notice informing the Borrower that the total unpaid principal and interest is due and payable immediately.

*Administrator.* Administrator of the Rural Utilities Service.

*Agency.* The Rural Utilities Service, an agency of the United States Department of Agriculture's Rural Development mission area.

*Assumption of debt.* Agreement by one party to legally bind itself to repay the debt of the RUS borrower.

*Borrower.* Recipient of loan funding under a RUS Telecommunications Program.

*Broadband system.* The telecommunications or broadband network financed with RUS loan and/or grant funding or maintained by the Borrower and contained as part of the collateral to the loan.

*Cancellation.* Final discharge of debt with a release of liability.

*Charge-off.* Write-off of a debt and termination of servicing activity without release of liability. A charge-off is a decision by the Agency to remove debt from Agency receivables, however, future payments may be received.

*Collateral.* Means the assets, equipment and/or revenues pledged as security for the loan as defined in the loan documents.

*Disposition of facility.* Relinquishing control of a facility to another entity.

*Loan Documents.* All associated loan agreements, loan and security agreements, loan/grant agreements, mortgages, and promissory notes, as applicable.

*Liquidation.* Satisfaction of a debt through the sale of a Borrower's assets and cancellation of liabilities.

*Parity lien.* A lien having an equal lien position to another lender's lien on a Borrower's asset.

*Rural Utilities Service (RUS).* An agency of the United States Department of Agriculture's Rural Development mission area.

*Settlement.* Compromise, adjustment, cancellation, or charge-off of a debt owed to the Agency. The term “settlement” is used to refer to any of these actions, whether individually or collectively.

*Unliquidated obligations.* Obligated loan funds that have not been advanced.

*Voluntary conveyance.* A method by which title to security is voluntarily transferred to the Federal Government.
Exhibit 10.5


 


2. AMENDMENT


 


This second amendment (“2. Amendment”)
dated as of September 28, 2012 (“Effective Date”) between Net Element, Inc (“Tenant”) and 1450 South Miami,
LLC (“Landlord”) amends that certain Lease Agreement for 1450 South Miami Avenue (the “Lease”) dated October
8, 2010 between Landlord and Tenant and the subsequent Amendment dated November 16, 2011. All capitalized terms not otherwise defined
herein shall have the meaning so proscribed in the Lease Agreement.


 


WHEREAS, the parties mutually agree to modify
certain terms and conditions in the Amendment.


 


WHEREAS, each Party acknowledges that as
of the Effective Date, to such Party’s knowledge, the other Party is not in material breach or Default pursuant to the terms
of the Lease Agreement and the Amendment.


 


NOW THEREFORE, for valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:


 


		1.	Renewal Option. Tenant shall have one (1) option to renew the Lease, such option shall be for an additional twelve
(12) month period, provided that Tenant has not been in default under this Lease at any time (“Renewal Option”). Tenant
shall deliver written notice to Landlord of its desire to exercise this option no later than two (2) months prior to the expiration
of the Lease Extension, or by October 31, 2012. Otherwise, the Renewal Option will automatically be terminated. The Base Rent for
the Renewal Option shall be calculated as follows:



 


	 	 	 	 	 	PER SQFT	 	 	ANNUALLY	 	 	MONTHLY	 
	Base Rent	 	 	 	 	 	$	29.00	 	 	 	188,500.00	 	 	 	15,708.33	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sales Tax	 	 	7.00	%	 	$	2.03	 	 	 	13,195.00	 	 	 	1,099.58	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	TOTAL PAYMENT	 	 	 	 	 	$	31.03	 	 	 	201,695.00	 	 	 	16,807.92	 



 


Holding over by Tenant shall not
be deemed an exercise of the Renewal Option.


 




    	Page 1 of 2



    	 



    

 


IN WITNESS WHEREOF, the parties hereto have
caused this 2. Amendment to be duly executed by their respective authorized signatories as of the Effective Date


 


	 	TENANT
	 	 
	 	NET ELEMENT, INC.,
	 	a Delaware corporation
	 	 
	 	By:	/s/ Zoi
	 	Name: Mike Zoi, Chief Executive Officer
	 	 
	 	LANDLORD
	 	 
	 	1450 SOUTH MIAMI, LLC,
	 	a Florida limited liability company
	 	 
	 	By:	/s/ Nickel Goeseke
	 	Name: Mickel Goeseke, Managing Member


 




    	Page 2 of 2