alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.7


  


4. AMENDMENT


 


This fourth amendment (“4. Amendment”)
dated as of November 30, 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, the subsequent Amendment dated November 16, 2011, the 2. Amendment dated September 28, 2012
and the 3. Amendment dated October 31, 2012. All capitalized terms not otherwise defined herein shall have the meaning so proscribed
in the Lease Agreement as well as in the Amendment, in the 2. Amendment and in the 3. Amendment.


 


WHEREAS, the parties mutually agree to modify
certain terms and conditions of the Lease Agreement, the Amendment, the 2. Amendment and the 3. 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, the Amendment, the 2. Amendment and the 3. Amendment.


 


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


 


		1.	Term extension. Tenant and Landlord agree to extend the term of the Lease until February 28, 2013 for the premises
in “as-is” condition. The Base Rent for February 2013 shall be the same as for January 2013 and 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	 



 


		2.	Time is of the essence. Tenant agrees that this 4. Amendment has to be signed by Tenant on or before November
30, 2012 by 6:00pm EST.



 


		3.	Further extension: Tenant has the option to further extend the term until December 31, 2013 with the same Base
Rate as quoted above for February 2013 with the premises in “as-is” condition. This extension has to be signed by Tenant
on or before November 30, 2012 by 6:00pm EST on or before December 31, 2012 by 6:00pm EST.



 




    	Page 1 of 2



    	 



    

 


IN WITNESS WHEREOF, the parties hereto have
caused this 4. Amendment to be duly executed by their respective authorized signatories as of the Effective Date


 


Net Element, Inc., a Delaware corporation (“Tenant”)


By: Net Element International, Inc.


 


	/s/ Jonathan New	 
	BY: Jonathan New, Chief Financial Officer	 
	 	 
	1450 South Miami LLC, a Florida limited liability company (“Landlord”)
	 	 
	 	 
	By: Nickel Goeseke, Managing Member	 


 




    	Page 2 of 2
Exhibit 99.1

**Certification of Chief Executive Officer Pursuant toSection 1350 of Chapter 63 of Title 18 of the United States Code**

  

             I, Douglas A. Pertz, the Chief Executive Officer of IMC Global Inc., which is the Administrative Managing General Partner of Phosphate Resource Partners Limited Partnership ("PLP"), and in thatcapacity also the chief executive officer of PLP, certify that (i) the Annual Report on Form 10-K for the Fiscal Year ended December 31, 2002 of PLP fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) theinformation contained in such report fairly presents, in all material respects, the financial condition and results of operations of PLP.

 

 

| Douglas  A.Pertz                                  Douglas A. Pertz |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| March 18, 2003                                                                                                                                                                                                                               |

 

*Return to PLP Form 10-K*
£DST4UNITEDSTATESENVIRONMENTALPROTECTIONAGENCYREGIONIX1LPRO%075HawthorneStreetSanFrancisco,CA94105-390121May1998MichaelP.KennyExecutiveOfficerCaliforniaAirResourcesBoard2020“L”StreetPostOfficeBox2815Sacramento,CA95812DearMr.Kenny:OnMarch10,1998,yousubmittedrevisionstotheCaliforniaStateImplementationPlan(SIP)forachievingandmaintainingtheNationalinbientAirQualityStandards.TheserevisionswerereceivedonMarch13,1998andconsistofrulesfromthirteenairpollutioncontroldistrictsinCalifornia.Wehavereviewedtherulesforcompletenessandfoundthattheyconformtothecompletenesscriteriain40CFRPart51,Appendixv,withtwoexceptions.SacramentoMetropolitanAirQualityManagementDistrictRule206,MobileandTransportationSourceEmissionReductionCreditsandSouthCoastAirQualityManagementDistrictRule1513,CreditsforTruckStopElectrificationwillbethesubjectofaseparateletter.Thecompleterevisionsarenowintheprocessofbeingreviewedforapprovability.Oncereviewed,wewillpreparearulemakingnoticeforsubmittaltoourHeadquartersofficeforpublicationintheFederalRegister.Ifyouhaveanyquestionsregardingourreview,pleasecallmeorhaveyourstaffcallJulieRoseoftheRulemakingOfficeat415—744—1184-cc:HarryMetzgerStationarySourceDivisionDirector,AirDivision
#### Commercial Trading Company, Inc., Appellant, v Halbert H. Drexler et al., Respondents, et al., Defendants.

In an action to foreclose a mortgage, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, entered July 2, 1979, as denied the branch of its motion which sought dismissal of the first counterclaim of defendants Drexler. Order reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of plaintiff’s motion which seeks to dismiss respondents’ first counterclaim is granted. In this action to foreclose a mortgage based upon a default of a written guarantee, the respondents have interposed an answer which denies the material allegations of the complaint, asserts an affirmative defense founded upon payment and improper acceleration, and alleges various counterclaims. At issue is the first counterclaim which does no more than repeat and reiterate the preceding paragraphs. Unspecified monetary damages are alleged and respondents further seek punitive damages of $500,000. It must be inferred from respondents’ failure to assert any affirmative damages that the counterclaim is wholly directed at receiving punitive damages premised upon the allegations contained in the affirmative defense. Although sufficient to possibly defeat plaintiff’s action, those allegations are insufficient to set forth an affirmative cause of action which would entitle respondents to beneficial relief. Nor is this action, which arises from allegedly private wrongs, a suitable case for punitive damages (see *Luxonomy Cars v Citibank, N.A.,*65 AD2d 549). Rabin, J. P., Gulotta, Cohalan and Margett, JJ., concur.
[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Page 70234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28912]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 2106-059]


Pacific Gas & Electric Company; Notice of Section 10j Meeting and 
Providing Teleconference Information

November 9, 2010.
    a. Date and Time of Meeting: Wednesday, November 17, 2010, 9 a.m.-5 
p.m.
    b. Place: John E. Moss Federal Building, Huntington Room, 650 
Capitol Mall, Sacramento, CA 95814.
    c. FERC Contact: Emily Carter, 202-502-6512 or 
<a href="/cdn-cgi/l/email-protection#77121a1e1b0e59141605031205371112051459101801"><span class="__cf_email__" data-cfemail="c1a4aca8adb8efa2a0b3b5a4b381a7a4b3a2efa6aeb7">[email protected]</span></a>.
    d. Purpose of Meeting: Resolve the remaining section 10j issues 
associated with the McCloud-Pit Hydroelectric Project licensing 
proceeding.
    e. Teleconference information: While we encourage all local, state, 
and federal agencies, Indian tribes, and other interested parties to 
participate in person, we also will have a teleconference line 
available. Please contact Emily Carter at (202) 502-6512 or 
<a href="/cdn-cgi/l/email-protection#94f1f9fdf8edbaf7f5e6e0f1e6d4f2f1e6f7baf3fbe2"><span class="__cf_email__" data-cfemail="33565e5a5f4a1d50524147564173555641501d545c45">[email protected]</span></a> by Friday, November 12, 2010 to RSVP and to 
receive specific instructions on how to participate by telephone.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28912 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
M. P. No. 79-353.

#### John Infantalino *v.*John Moran, Director of the Adult Correctional Institution.

Mr. Chief Justice Bevilacqua did not participate.

*Joseph A. Bevilacqua, Jr.,*for petitioner. *Dennis J. Roberts II,*Attorney General, *Faith A. LaSalle,*Special Assistant Attorney General, for respondent.

The petition for writ of habeas corpus and motion for bail pending appeal are denied.
```

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Page 1299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00168]

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

DEPARTMENT OF STATE

[Public Notice 8145]

Waiver and Certification of Statutory Provisions of Section 1003 
of Public Law 100-204 Regarding the Palestine Liberation Organization 
Office

    (U) Pursuant to the authority vested in me as Deputy Secretary of 
State, including by section 7086(b)(1) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2012 (Pub. 
L. 112-74, Div. I), as carried forward by the Continuing Appropriations 
Act, 2013, the Delegation of Authority in the President's Memorandum of 
July 21, 2010, and Department of State Delegation of Authority No. 245-
1, I hereby determine and certify that the Palestinians have not, since 
the date of enactment of that Act, obtained in the UN or any 
specialized agency thereof the same standing as member states or full 
membership as a state outside an agreement negotiated between Israel 
and the Palestinians, and waive the provisions of section 1003 of the 
Anti-Terrorism Act of 1987, Public Law 100-204, Title X.
    (U) This waiver shall be effective for a period of six months.
    (U) This determination shall be reported to the Congress promptly 
and published in the Federal Register.

    Dated: October 8, 2012.
William J. Burns,
Deputy Secretary of State.
[FR Doc. 2013-00168 Filed 1-7-13; 8:45 am]
BILLING CODE 4710-31-P
```
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 accompanying report on Form 10-Q for the period ended September 30, 2007 of Global Partners LP
(the "Partnership") and filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Eric Slifka, President and Chief Executive Officer of
Global GP LLC, the general partner of the Partnership, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:



|Dated: November 9, 2007 |  | By: | /s/ERIC SLIFKAEric Slifka
President and Chief Executive Officer of Global GP LLC,
general partner of Global Partners LP
|----------------------- |  | --- | -----------------------------------------------------------------------------------------------------------------------

---



QuickLinks
#### § 1786.202 Prepayment and refinancing of RUS guaranteed FFB loans.

The borrower of an electric or telephone loan made by the FFB and guaranteed by RUS under section 306 of the RE Act may, at the option of the borrower, refinance or prepay a loan or an advance on the loan, or any portion of the loan or advance in accordance with section 306C of the RE Act, after meeting certain conditions using the procedures prescribed in the note. After refinancing existing notes under this section, additional prepayments or refinancings will be governed by the terms of the refinancing note(s).
#### The People of the State of New York *ex*rel. James Maher, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent.

—■ Judgment of the Supreme Court, Dutchess County, dated November 24, 1964, affirmed, without costs. In this habeas corpus proceeding, relator claims that a plea of guilty taken from him in 1952 was illegal because he was ignorant of the nature of the crime to which he was pleading, that no valid judgment could be based upon said plea and that the judgment entered thereon could not be used as the predicate for a subsequent conviction as a second felony offender. However, it appears that two *coram nobis*motions, based upon substantially the same grounds, were previously made by relator; that those motions were denied; and that the order denying the first of said motions, made after a hearing, was affirmed by this court *(People*v. *Maher,*19 A D 2d 699, application for lv. to app. to Court of Appeals den. by Fuld, J. July 10, 1963). No new or different facts are alleged in the present proceeding; and under the circumstances we find no error in the dismissal of the writ (cf. *People*v. *Sullivan,*4 N Y 2d 472, 474-475; *People*v. *Bagley,*20 A D 2d 709). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
2006-0311.

#### State ex rel. Bailey v. Indus. Comm.

Franklin App. No. 05AP-316. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal,

IT IS ORDERED by the court that the application for dismissal is granted. Accordingly, this cause is dismissed.
**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 AnnualReport of Candela Corporation (the “Company”) on Form 10-K for the periodending July 3, 2004 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Gerard E.Puorro, 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 fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| /s/ Gerard E. Puorro    |   |
|-------------------------|--------|
| Gerard E. Puorro        |
| Chief Executive Officer |
| September 14, 2004      |

 

----
No. 89-5837.

#### Laws *v.*North Carolina.

Sup. Ct. N. C. Motion of petitioner for leave to proceed *in forma pauperis*granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of *McKoy*v. *North Carolina, ante,*p. 433.
#### § 1767.24 Extraordinary items.

The extraordinary items accounts identified in this section shall be used by all RUS borrowers.

# Extraordinary Items

434 Extraordinary Income

435 Extraordinary Deductions

435.1 Cumulative Effect on Prior Years of a Change in Accounting Principle

# Extraordinary Items

### 434 Extraordinary Income

This account shall be credited with nontypical, noncustomary, infrequently recurring gains which would significantly distort the current year's income computed before extraordinary items, if reported other than as extraordinary items. Income tax relating to the amounts recorded in this account shall be recorded in Account 409.3, Income Taxes, Extraordinary Items. (See § 1767.15 (g).)

### 435 Extraordinary Deductions

This account shall be debited with nontypical, noncustomary, infrequently recurring losses which would significantly distort the current year's income computed before extraordinary items, if reported other than as extraordinary items. Income tax relating to the amounts recorded in this account shall be recorded in Account 409.3, Income Taxes, Extraordinary Items. (See § 1767.15 (f).)

### 435.1 Cumulative Effect on Prior Years of a Change in Accounting Principle

This account shall include the cumulative effect on margins of prior periods as a result of a change in accounting principle from one that is no longer generally accepted to one that is generally accepted.
I 

113TH CONGRESS 

1ST SESSION H. R. 1988 

To amend title 38, United States Code, to provide authority for certain 

members of the Armed Forces to transfer entitlement to Post-9/11 Educational Assistance to their dependents. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2013 

Mr. ALEXANDER (for himself and Mr. CONNOLLY) introduced the following 

bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide authority 

for certain members of the Armed Forces to transfer 

entitlement to Post-9/11 Educational Assistance to their 

dependents. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Education Assistance 

5 to Realign New Eligibilities for Dependents (EARNED) 

6 Act of 2013’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 1988 IH

1 SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF THE ARMED 

2 FORCES WHO HAVE SERVED 20 YEARS ON AC3 TIVE DUTY TO TRANSFER ENTITLEMENT TO 

4 POST-9/11 EDUCATIONAL ASSISTANCE TO 

5 THEIR DEPENDENTS. 

6 (a) TRANSFER AUTHORIZED.—Section 3319(b) of 

7 title 38, United States Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘or’’; 

9 (2) in paragraph (2), by striking the period and 

10 inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) any period of service in the Armed Forces, 

14 as of any date between September 11, 2001, and 

15 September 30, 2011, including at least 90 days of 

16 such service after September 10, 2001.’’. 

17 (b) OPPORTUNITY TO TRANSFER ENTITLEMENT.— 

18 Notwithstanding any other provision of law, during the pe19 riod beginning on the date of the enactment of this Act 

20 and ending on December 31, 2015, an individual who is 

21 entitled to educational assistance under chapter 33 of title 

22 38, United States Code, and who completed any period 

23 of service in the Armed Forces and was discharged or re24 leased from such service under honorable conditions before 

25 September 30, 2011, may transfer all or part of the indiVerDate Mar 15 2010 06:40 May 17, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1988.IH H1988

tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 1988 IH

1 vidual’s entitlement to an eligible dependent under section 

2 3319 of title 38, United States Code. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this Act shall take effect as if included in the enactment 

5 of the Post-9/11 Veterans Educational Assistance Act of 

6 2008 (title V of Public Law 110–252). 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
#### WRIGHT et al., Respondents, v. WRIGHT et al., Appellants.

(Supreme Court, Appellate Division, First Department.

June 8, 1906.)

Action by Amos W. Wright and others against Frederick W. Wright and others. W. Z. Lamed, for appellants. W. M. Powell, for respondents.

No opinion. Judgment affirmed, with costs. Order filed.
§ 15b.9 Effect of State or local law or other requirements, and effect of employment opportunities. ( a ) The obligation to comply with this part is not obviated or alleviated by the existence of any State or local law or other requirement that, on the basis of handicap, imposes prohibitions or limits upon the eligibility of qualified handicapped persons to receive services or to practice any occupation or profession.
( b ) The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for handicapped persons than for nonhandicapped persons.
SCHEDULE TO EXHIBIT 10.22.2
 
 
AMENDMENTS TO WGI RETENTION AGREEMENTS

WITH NAMED EXECUTIVES
 
 
EACH DATED AS OF AUGUST 20, 2002
 
Stephen M. Johnson
George H. Juetten
Ambrose L. Schwallie
Thomas H. Zarges
 
 
NOTE:  The Amendment to Mr. Johnson’s Retention Agreement is identical in all materials terms to those entered into with Messrs Juetten, Schwallie and Zarges, with the exception that his Retention Bonus is prorated to allow for the time during early 2001 when he was not in the Company’s employ.  Mr. Johnson returned to the employ of the Company on November 12, 2001.
#### § 1753.58 Closeout documents.

(a) *General.*

(1) This section outlines the procedure to be followed in the preparation of closeout documents for the FAP.

(2) The period between the completion of construction and submission of the closeout documents to RUS should not exceed 60 days.

(b) *Documents.* The documents required to close the FAP are listed in the following table. The following is a brief description of the closeout documents:

Documents Required To Close Out Force Account Outside Plant Construction

| RUS Form No. | Description |
| --- | --- |
| 817, 817a, 817b | Final Inventory Force Account Construction and Certificate of Engineer. Submit one copy to RUS, if required1 |
| 213 | Certificate—“Buy American” (as applicable from each supplier). |
| None | Detail Maps. |
| None | Key map, if applicable. |
| None | Staking Sheets. |
| None | Tabulation of staking sheets. |
| None | Treated Forest Products Inspection Reports or Certificates of Compliance (prepared by inspection company or supplier). |
| | |
| --- | --- |
| 1 RUS Forms 817, 817a, and 817b are to be submitted to GFR only if required in [paragraph (c)(5)](/on/2024-09-16/title-7/section-1753.58#p-1753.58(c)(5)) of this section. Otherwise, the final inventory documents are to be assembled and retained by the borrower for at least two years. | |

(c) *Closeout procedures.*

(1) The borrower shall notify the GFR when the project is ready for final inspection.

(2) The GFR shall be invited to make the final inspection accompanied by the engineer and the borrower.

(3) The borrower shall correct all deficiencies found during the final inspection.

(4) The borrower may request the assistance of an RUS field accountant to review the borrower's record of construction expenditures and assist the borrower with any accounting problems in connection with construction expenditures.

(5) After inspection, the final inventory documents shall be assembled as indicated in the table in this section. RUS Forms 817, 817a, and 817b are to be submitted to GFR only if the amount of the closeout exceeds the original force account proposal by 20% or more. Otherwise, the final inventory documents are to be assembled and retained by the borrower for at least two years.

(6) Upon approval of the closeout documents, RUS will notify the borrower of approval and of any adjustments to be made in funds advanced in connection with the construction.

(d) The above are not intended to be a complete description of the requirements of the documents relating to RUS's closeout procedure. Refer to the documents for additional requirements.

[[55 FR 3572](https://www.federalregister.gov/citation/55-FR-3572), Feb. 2, 1990. Redesignated at [55 FR 39397](https://www.federalregister.gov/citation/55-FR-39397), Sept. 27, 1990, as amended at [64 FR 16610](https://www.federalregister.gov/citation/64-FR-16610), Apr. 6, 1999]