alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(April *22,*1969)

#### 601 West 26 Corp., Appellant, v. John Wiley & Sons, Inc., Respondent.

Order entered September 20, 1968 unanimously modified, on the law, to the extent of granting partial summary judgment to the plaintiff-appellant-landlord for the unpaid rent due to the time of the making of the motion, execution thereon to be stayed, however, as to that portion equal in amount to the rent reserved in the proposed sublease as to which the defendant-respondent-tenant claims the plaintiff-appellant-landlord unreasonably withheld consent, such stay to remain in effect until resolution by trial of .the remaining issues, which are hereby severed. As so modified, the order is otherwise affirmed, without costs or disbursements to either party. The plaintiff-appellant-landlord’s alleged breach of the covenant not to unreasonably withhold *523its consent to a sublease did not justify an abandonment of the premises on the part of the defendant-respondent-tenant and did not exonerate a refusal or failure to pay rent. A tenant’s remedy in such a situation is an action for damages or, as in the case at bar, the interposition of a counterclaim in the plaintiff-appellant-landlord’s action for the rent. *(Herstein Co.*v. *Columbia Pictures Corp.,*4 N Y 2d 117, 121; *Fourth Ave. Mgt. Corp.*v. *Mallon,*21 A D 2d 685; *Arlu Assoc.*v. *Rosner,*14 A D 2d 272, affd. 12 N Y 2d 693.) The issues of the timeliness of the respondent-tenant’s notice of intent to sublet and of the reasonableness of the appellant-landlord’s withholding of its consent to the proposed subletting, as the Special Term decided, cannot be summarily resolved. Settle order on notice. Concur—Stevens, P. J., Tilzer, Markewich, Nunez and Steuer, JJ.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsSEAPAK user's guide, version 2.0. Volume 2: Descriptions of programsThe SEAPAK is a user-interactive satellite data analysis package that was developed for the processing and interpretation of Nimbus-7/Coastal Zone Color Scanner (CZCS) and the NOAA Advanced Very High Resolution Radiometer (AVHRR) data. Significant revisions were made since version 1.0, and the ancillary environmental data analysis module was greatly expanded. The package continues to be user friendly and user interactive. Also, because the scientific goals of the ocean color research being conducted have shifted to large space and time scales, batch processing capabilities for both satellite and ancillary environmental data analyses were enhanced, thus allowing for large quantities of data to be ingested and analyzed.Document ID19910016370Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsMcclain, Charles R.*(NASA Goddard Space Flight Center Greenbelt, MD., United States)*Darzi, Michael*(General Sciences Corp. Laurel, MD., United States)*Firestone, James K.*(General Sciences Corp. Laurel, MD., United States)*Fu, Gary*(General Sciences Corp. Laurel, MD., United States)*Yeh, Eueng-Nan*(General Sciences Corp. Laurel, MD., United States)*Endres, Daniel L.*(NASA Goddard Space Flight Center Greenbelt, MD, United States)*Date AcquiredSeptember 6, 2013Publication DateApril 1, 1991Subject CategoryComputer Programming And SoftwareReport/Patent NumberREPT-91B00090-VOL-2NAS 1.15:100728-VOL-2NASA-TM-100728-VOL-2Accession Number91N25684Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19910016370.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
#### § 3431.7 Notification and use of designated veterinarian shortage situations.

The Secretary will publish the designated veterinarian shortage situations on the Agency's Web site and will use the designated veterinarian shortage situations to solicit VMLRP loan repayment applications from individual veterinarians in accordance with subpart B of this part.
|   | It is hereby certified that: |
|--------|------------------------------|

|   | FIRST: | The name of the limited partnership (hereinafter called the “Partnership”) is RFMC Tactical Advisors Fund, LP |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------|

|   | SECOND: | A Certificate of Limited Partnership of the Partnership, a Delaware limited partnership, was filed on January 24, 1986 in the Office of the Secretary of State of the State of Delaware. |
|--------|---------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | THIRD: | Pursuant to provisions of Section 17-202, Title 6, Delaware Code, the Certificate of Limited Partnership is amended as follows: |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------|

|   | “The name and address of the general partner is as follows: |
|--------|-------------------------------------------------------------------|

|   | “Bridgeton Fund Management, LLC |
|--------|---------------------------------------|

|   | 7535 Windsor Drive, Suite 205 |
|--------|-------------------------------|

|   | Allentown, Pennsylvania 18195” |
|--------|--------------------------------------|

|   | RUVANE FUND MANAGEMENT CORPORATION, |
|--------|-------------------------------------|

|   | a general partner |
|--------|-------------------|

|   | By: | /s/ Robert L. Lerner |   |
|--------|-----|----------------------|--------|

|   | Name: | Robert L. Lerner |
|--------|-------|------------------|

|   | Title: | Chief Executive |
|--------|--------|-----------------|

|   | BRIDGETON FUND MANAGEMENT, LLC, |
|--------|---------------------------------|

|   | a general partner |
|--------|-------------------|

|   | By: | /s/ Stephen J. Roseme |   |
|--------|-----|-----------------------|--------|

|   | Name: | Stephen J. Roseme |
|--------|-------|-------------------|

|   | Title: | Authorized Person |
|--------|--------|-------------------|

----
MOTION DOCKET

97- 2342.

#### Wightman v. Consol. Rail Corp.

Erie App. No. E-97-001. On motion for admission *pro hac vice*of Arlin M. Adams for oral argument. Motion granted.
NO. 07-10-00448-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL C 

NOVEMBER 8, 2010 

VIRGIL LYNN SPENCER, APPELLANT 

v. 

THE STATE OF TEXAS, APPELLEE 

 FROM THE 47TH DISTRICT COURT OF RANDALL COUNTY; 

NO. 20,237-A; HONORABLE DAN L. SCHAAP, JUDGE 

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. 

MEMORANDUM OPINION 

On April 15, 2009, appellant, Virgil Lynn Spencer, was placed on deferred 

adjudication community supervision for a period of five years relating to three charges of 

aggravated assault with a deadly weapon. The State filed a motion to revoke order 

granting unadjudicated probation on February 9, 2010. Following a hearing on the 

State’s motion, appellant was convicted of each of the three counts of aggravated 

assault with a deadly weapon. On September 1, 2010, appellant was sentenced to 

incarceration in the Texas Department of Criminal Justice, Institutional Division, for a 

period of six years for each count, with the sentences to run concurrently. On October 
2 

7, 2010, appellant filed a document that expressed his desire to appeal from the 

judgment adjudicating appellant’s guilt. 1 We dismiss for want of jurisdiction. 

Unless certain post-judgment motions are filed, a defendant must file a written 

notice of appeal with the trial court clerk within 30 days after the date sentence is 

imposed. TEX. R. APP. P. 26.2(a). The Texas Rules of Appellate Procedure provide for 

a 15-day extension in which to file a notice of appeal if it is accompanied by a motion for 

extension of time. TEX. R. APP. P. 26.3. While appellant’s notice of appeal was filed 

within this 15-day period, it was not accompanied by a motion for extension of time to 

file notice of appeal that complied with Rule 10.5(b). See TEX. R. APP. P. 26.3. As 

such, this Court is without jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 

519, 522 (Tex.Crim.App. 1996). Because this Court is without jurisdiction to address 

the merits of this appeal, we have no authority to take any action other than to dismiss 

the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). 

Accordingly, the purported appeal is dismissed for want of jurisdiction.2

 Mackey K. Hancock 

 Justice 

Do not publish. 

 1 Appellant=s letter complies with the requirements of a notice of appeal and this 

Court has deemed it sufficient notice of appeal. See TEX. R. APP. P. 25.2(c). 

2

 Appellant may have recourse by filing a post-conviction writ of habeas corpus 

returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time 

appeal. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2007).
§ 3201.118 Intermediates—Oils, Fats, and Waxes. ( a ) *Definition.* Intermediates—Oils, Fats, and Waxes include raw or modified fats and oils derived from plants or animals.
( b ) *Minimum biobased content.* The Federal preferred procurement product must have a minimum biobased content of at least 65 percent, which shall be based on the amount of qualifying biobased carbon in the product as a percent of the weight (mass) of the total organic carbon in the finished product.
( c ) *Preference compliance date.* No later than July 10, 2019, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased Intermediates—Oils, Fats, and Waxes. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured shall ensure that the relevant specifications require the use of biobased Intermediates—Oils, Fats, and Waxes.
[83 FR 31848, July 10, 2018]
#### § 3555.100 OMB control number.

The report and recordkeeping requirements contained in this subpart have been approved by the Office of Management and Budget and have been assigned OMB control number 0575-0179.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
**Title:****Drugs of abuse [electronicresource] /**
 
2005 | 2011| 2017 | 2020 | 2022
 
SuDoc Number:J 24.2:D 84/

Item Number:0967 (online)
CGP systemNumber:000948630
 
July 28, 2020
Exhibit 10.43


 


THIRD AMENDMENT TO THE


MIRANT CORPORATION


DEFERRED COMPENSATION PLAN


FOR DIRECTORS AND SELECT EMPLOYEES


 


WHEREAS,
Mirant Corporation (the “Company”) heretofore adopted the Mirant Corporation
Deferred Compensation Plan for Directors and Select Employees (the “Plan”),
effective September 27, 2000, and subsequently amended and restated the Plan
effective April 2, 2001; and


 


WHEREAS,
pursuant to Section 11.1 of the Plan, the Board of Directors of the Company
(the “Board”) has the authority to amend the Plan; and


 


WHEREAS, the
Board has delegated its authority to amend the Plan, provided such amendment
does not have a material effect on the cost of the Plan, to the Americas
Benefits Committee (the “Committee”); and


 


WHEREAS,
the Committee desires to amend the Plan to remove all references to a “Change
in Control” from the Plan effective as of August 27, 2004; and


 


WHEREAS,
the Committee has determined that the above amendment would not have a material
effect on the cost of the Plan.


 


NOW,
THEREFORE, the Committee hereby amends the Plan as follows,
to be effective as of August 27, 2004:


 


I.


 


Section
1.3 of the Plan is hereby amended in its entirety to read as follows:


 


“1.3         [Deleted]”


 


II.


 


Section
8 of the Plan is hereby amended in its entirety to read as follows:


 


“SECTION 8


[Deleted]”


 


III.


 


Section
9.7 of the Plan is hereby amended in its entirety to read as follows:


 


“9.7                           [Deleted]”


 





















 


IV.


 


Section
11.1 of the Plan is hereby amended in its entirety to read as follows:


 


“11.1                     Amendment of the Plan


 


Subject to the provisions
of Section 11.3 herein, the Plan may be wholly or partially amended or
otherwise modified at any time by written action of the Board of Directors.”


 


V.


 


Except
as amended herein by this Third Amendment, the Plan shall remain in full force
and effect as amended by the Company prior to the adoption of this Third
Amendment.


 


IN
WITNESS WHEREOF, Mirant Corporation, through its duly
authorized officer pursuant to a unanimous consent of the Committee dated
September 29, 2004, has adopted this Third Amendment to the Mirant Corporation
Deferred Compensation Plan for Directors and Select Employees on this 29th day
of September, 2004, to be effective August 27, 2004.


 


	
   

  	
  MIRANT CORPORATION:

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
   

  
	
   

  	
   

  	
  Vance
  N. Booker

  
	
   

  	
   

  	
  SVP,
  Administration

  



 


2
I 

113TH CONGRESS 

1ST SESSION H. R. 207 

To amend the Internal Revenue Code of 1986 to make members of health 

care sharing ministries eligible to establish health savings accounts. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2013 

Mr. SCHOCK (for himself, Mrs. BACHMANN, Mr. KING of Iowa, Mr. JONES, 

Mr. HUELSKAMP, Mr. HUIZENGA of Michigan, Mr. PITTS, Mr. POSEY, 

Mr. ROE of Tennessee, Mr. WALBERG, and Mr. WESTMORELAND) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

members of health care sharing ministries eligible to 

establish health savings accounts. 

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

3 SECTION 1. MEMBERS OF HEALTH CARE SHARING MIN4 ISTRIES ELIGIBLE TO ESTABLISH HEALTH 

5 SAVINGS ACCOUNTS. 

6 (a) IN GENERAL.—Section 223 of the Internal Rev7 enue Code of 1986 is amended by adding at the end the 

8 following new subsection: 


srobinson on DSK4SPTVN1PROD with 
2 

•HR 207 IH

1 ‘‘(i) APPLICATION TO HEALTH CARE SHARING MIN2 ISTRIES.—For purposes of this section, membership in a 

3 health care sharing ministry (as defined in section 

4 5000A(d)(2)(B)(ii)) shall be treated as coverage under a 

5 high deductible health plan.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to taxable years beginning after 

8 the date of the enactment of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with
EXHIBIT 23


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
            --------------------------------------------------------

The Board of Directors
Quipp, Inc.:


We consent to the incorporation by reference in the registration statements on
Form S-8 (Registration Nos. 333-06355 and 333-75085) of Quipp, Inc. and
subsidiaries of our report dated March 23, 2006, with respect to the
consolidated balance sheets of Quipp, Inc. and subsidiaries as of December 31,
2005 and 2004, and the related consolidated statements of operations,
shareholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 2005, which appears in the Form 10K of Quipp, Inc.
dated March 29, 2006.




KPMG LLP
Miami, FL
March 23, 2006
Certified Public Accountants
EXHIBIT 13.2

                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 China Resources Development,
Inc. (the "Company") on Form 20-F for the year ended December 31, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Tam Cheuk Ho, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Tam Cheuk Ho

Tam Cheuk Ho
Chief Financial Officer
April 30, 2007
**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**

The undersigned, Alexander Craven, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
| (1) | the Quarterly Report on Form 10-QSB of Fox Petroleum Inc. for the quarterly period ended May 31, 2007 (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 Fox Petroleum Inc.                                                                      |

Dated:  July 23, 2007

 

/s/ Alexander Craven

 

Alexander Craven

Secretary, Treasurer and Director

Principal Financial 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 Fox Petroleum Inc. and will be retained by Fox Petroleum Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

RALPH C. O’DAY, § 

§ No. 34, 2015

Defendant Below, §

Appellant, § Court Below—Superior Court

§ of the State of Delaware in and

v. § for New Castle County

§

STATE OF DELAWARE, § Cr. ID No. 0107018893

§

Plaintiff Below, §

Appellee. §

Submitted: February 16, 2015

Decided: February 16, 2015

 O R D E R

This 16th day of February 2015, it appears to the Court that:

(1) On January 29, 2015, the appellant, Ralph C. O’Day, filed this 

appeal from his sentencing in the Superior Court on October 30, 2014 on a 

violation of probation. O’Day also purported to appeal his November 21, 

2013 sentencing.

(2) On January 29, 2015, the Senior Clerk issued a notice under 

Supreme Court Rule 29(b) directing that O’Day show cause why this appeal 

should not be dismissed as untimely filed. Under Supreme Court Rule 6(ii), 

an appeal from a violation of probation must be filed within thirty days of 

sentencing.
2

(3) O’Day has not responded to the notice to show cause within the 

ten-day period provided in Supreme Court Rule 29(b). Under Supreme 

Court Rules 3(b)(2) and 29(b), O’Day’s failure to respond to the notice to 

show cause is deemed to be his consent to the dismissal of this appeal.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 

3(b)(2) and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Karen L. Valihura

Justice
###### Editorial Note on Part 3402

#### Editorial Note:

Nomenclature changes to part 3402 appear at 76 FR 4807, Jan. 27, 2011.

#### § 3402.16 Appendix.

Any additional supporting information deemed essential to enhancing the application should be included in an Appendix and referenced in the national need narrative.
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
  (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/ Heather E. Sheehan

Heather E. SheehanSr. Vice President & Chief Financial Officer
(Principal Financial and Accounting Officer)May 16, 2011
#### Cotton *vs.*Edwards.

Pet. & Sum.

If the holder of alters,’ or adds to it, without the consent of the obligor, he destroys it efe ficacy — which canneverberestored without the concurrence of the obligor— erasing the alteration or addition will not

[Mr,’ Richardson for Plaintiff: Mr. Crittenden for Defendant.]

From the Circuit Court for Woodford *County.*

*April*19.

Judge Underwood

delivered the Opinion of the Court.

Buford and Edwards executed their note to Cotton, who, ¡thereafter, without the privity, consent or authority, of Edwards, made an addition *to the note*above the signatures of the drawers to tins etiect: this note sba[J bear interest from this date at twelve per cent.” V Afterwards, the addition was erased, and suit brought pn the note. The question is, whether such addition and erasure *destroyed the note..*.

So long as the addition remained, there can be no doubt, that the note, according to its import, was not obligatory on Edwards. When the addition was erased, did that circumstance impart validity to the note ? An obligation once destroyed, so that it is no longer binding, cannot, in the nature of things, be resuscitated without the consent of the obligor. It must be done by a new contract to which the obligor is a party.

The case of *Letcher*vs. *Bates,*6 *J. J. Mar. 525,*shews what acts will vitiate a deed.

Judgment affirmed, with costs.
#### DUNSCOMBE, Appellant, v. ARDSLEY MOTOR CAR CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

October 5, 1906.)

Action by George E. Dunscombe against the Ardsley Motor Car Company.

No opinion. Judgment of the City Court of Yonkers affirmed by default, with costs.
98-1269.

#### State v. McFarland.

Ross App. No. 97CA2322. On review of order certifying a conflict. The court determines that no conflict exists within the meaning of S.Ct.Prac.R. IV(2)(B). This cause is therefore dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.