alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.4


AMENDMENT
NO. 2

TO

EMPLOYMENT AGREEMENT


THIS AMENDMENT NO. 2 (“Amendment
No. 2”) to that certain Employment Agreement (“Employment Agreement”), entered
into between ARTISTdirect, Inc., a Delaware corporation (the “Company”) and Robert
Weingarten (“Employee”), is entered into as of July 31, 2006.  Capitalized terms used herein and not defined
shall have the meanings given to them in the Employment Agreement.


RECITALS


WHEREAS, the parties hereto entered into the Employment Agreement
effective as of July 28, 2005, as amended; and


WHEREAS, the parties hereto desire to amend the Employment Agreement,
all upon the terms and conditions set forth herein.


NOW, THEREFORE, for valuable consideration, the receipt of which is
hereby acknowledged, the parties agree to the terms and conditions set forth
herein.


1.             Compensation.  Section 5 shall be amended to include the
following language at the end of the last paragraph:


“The formula bonus and discretionary bonus, if any,
shall be paid during the first half of the next calendar year following the
period for which such bonus relates.”


2.             Termination.  Section 7(f)(ii)(B) shall be amended by
deleting the first phrase thereof following “(B)” and replacing it with the
following language:


“by Employee pursuant to Section 7(d) above, the
Company shall pay Employee the Severance Amount as hereinafter defined, less
required withholdings, in twelve (12) equal semi-monthly installments over the
six (6) month period immediately following such termination; provided, however,
that to the extent necessary to avoid adverse tax consequences pursuant to
Section 409A of the Internal Revenue Code of 1986, as amended, the Severance
Amount shall be paid in a lump sum six (6) months after Employee becomes
entitled to the Severance Amount.”


The remainder of Section 7(f)(ii)(B) shall continue
unamended.


3.             Conflicts.  Except as expressly set forth in this
Amendment No. 2, the terms and provisions of the Employment Agreement shall
continue unmodified and in full force and effect.  In the event of any conflict between this
Amendment No. 2 and the Employment Agreement, this Amendment No. 2 shall
control.









 



4.             Governing Law. 
This Amendment No. 2 shall be governed and construed under the laws of
the State of California, and shall be binding on and shall inure to the benefit
of the parties and their respective successors and permitted assigns.



 2
 






 



IN WITNESS WHEREOF,   the parties hereto have executed this
Amendment No. 2, effective as of the date written above.


 


	
  “EMPLOYEE”

  	
   

  	
  “COMPANY”

  
	
   

  	
   

  	
   

  
	
   Robert Weingarten

  	
   

  	
  ARTISTdirect, Inc.

  
	
   

  	
   

  	
   

  
	
  /s/ Robert Weingarten

  	
   

  	
   

  	
   

  	
  By:Frederick W. Field

  	
   

  	
   

  
	
  Robert
  Weingarten

  	
   

  	
        Frederick W. Field

  Its: Chairman

  
							



 


 



 3
226 So.2d 771

#### Mrs. Evelyn FRANCIS v. UNIVERSAL LIFE INSURANCE COMPANY.

No. 50010.

Oct. 8, 1969.

In re: Universal Life Insurance Company applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 223 So.2d 188.

The application is denied. The judgment complained of is correct.
#### § 76.6 Interpretations.

Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### August 29, 2006 Clifford W. Taylor, Chief Justice


### 131337 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices



### v SC: 131337 COA: 269068 Oceana CC: 04-004808-FC DEAN ANTHONY DAILY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appe al the April 12, 2006 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

t0821 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

August 29, 2006

Clerk
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 587 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 587

   Congratulating Tony Stewart on winning the 2005 NASCAR Nextel Cup 
                             Championship.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2005

Mr. Sodrel (for himself, Mr. Pence, Mr. Burton of Indiana, Mr. Souder, 
  Mr. Hostettler, and Ms. Carson) submitted the following resolution; 
        which was referred to the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
   Congratulating Tony Stewart on winning the 2005 NASCAR Nextel Cup 
                             Championship.

Whereas Tony Stewart won NASCAR's Nextel Cup Championship in 2005, the 57th 
        season of NASCAR's premier series;
Whereas Stewart finished with an amazing 6,533 points, the most for any driver 
        in the 2005 NASCAR series;
Whereas Stewart in the 2005 series won 3 starting pole positions, had 5 wins, 17 
        top 5 finishes, and 25 top 10 finishes;
Whereas Stewart also won the Gatorade Duel 2, the Dodge/Save Mart 350, the Pepsi 
        400, the New England 300, and the Sirius Satellite Radio at the Glen;
Whereas Stewart's #20 car started in 22nd position, led the most laps, and also 
        finished first in the Allstate 400 at the Brickyard, continuing Hoosier 
        dominance at the Indianapolis Motor Speedway's only NASCAR Nextel Cup 
        race;
Whereas Stewart is the recipient of Indiana's highest honor, the Sagamore of the 
        Wabash, which was awarded to him by Governor Mitch Daniels on August 29, 
        2005, after Stewart won the Allstate 400 at the Brickyard;
Whereas Stewart has won 2 NASCAR Nextel Cup Championships in only his 7th year 
        in the NASCAR circuit;
Whereas Stewart has won 8 other auto racing championships in his career 
        including the Indy Racing League;
Whereas Stewart has ranked in the top 10 every season since his 1999 rookie year 
        and has never ranked lower than 7th in the final point standings; and
Whereas Stewart, who began racing in Indiana and excelled at a very young age, 
        was born in Columbus, Indiana, and continues to have close ties with the 
        State of Indiana and the City of Columbus: Now, therefore, be it
    Resolved, That the House of Representatives congratulates Tony 
Stewart for winning the 2005 NASCAR Nextel Cup Championship.
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Nye/White Pine County Resource Advisory Committee (RAC) will hold a meeting.

# DATES:

The meeting will be held on January 11th, 2011 and will begin at 10 a.m.

# ADDRESSES:

The meeting will be held in Nye County at the Bureau of Land Management, 1553 S. Erie Main Street, Tonopah, Nevada 89049.

# FOR FURTHER INFORMATION CONTACT:

                        Jose Noriega, RAC Coordinator, USDA, Humboldt-Toiyabe National Forest, Ely Ranger District, 825 Avenue E Ely, NV 89301 (775) 289-3031; e-mail                         *jnoriega@fs.fed.us.*

# SUPPLEMENTARY INFORMATION:

Agenda items include: (1) Introductions, getting acquainted; (2) Understand the role of the committee under the Act; (3) Review operational guides; (4) Elect Chairperson; (5) Review and recommend funding allocation for proposed projects; (6) Determine timeframes for the next round of project proposals; and (7) Public Comment. The meeting is open to the public. Public input opportunity will be provided and individuals will have the opportunity to address the Committee at that time.

Dated: December 1, 2010.

Steven Williams,

Designated Federal Official.

[FR Doc. 2010-32535 Filed 12-30-10; 8:45 am]

BILLING CODE 3410-11-M
Exhibit 32

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 Archon Corporation (the Company) on Form 10-Q
for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Paul W. Lowden, Chief Executive Officer of the Company, and Grant Siler, Principal Accounting 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 2003, that to our knowledge:



| | (i) | the Report fully complies with the requirements of section 13(a) and 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated:August 20, 2007



|                                            
|--------------------------------------------
|/s/ Paul W. Lowden                          
|Paul W. Lowden                              
|Chairman of the Board and President         
|(Principal Executive Officer)               
|                                            
|/s/ Grant Siler                             
|Grant Siler                                 
|Principal Accounting Officer                
|(Principal Accounting and Financial Officer)

This certification accompanies the above-described Report on Form 10-Q pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by

such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-4038

WILLIAM STOOTS,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

Catherine C. Blake, District Judge.

(CR-96-234-CCB)

Submitted: October 31, 1997

Decided: November 20, 1997

Before MURNAGHAN, NIEMEYER, and HAMILTON,

Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

J. Richard Moore, III, Bel Air, Maryland, for Appellant. Lynne A.

Battaglia, United States Attorney, Thomas M. DiBiagio, Assistant

United States Attorney, Baltimore, Maryland, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

William Stoots was convicted by the magistrate judge of assault by

striking within the maritime and territorial jurisdiction of the United

States, in violation of 18 U.S.C.A. § 113(a)(4) (West Supp. 1997). He

was sentenced to three years probation with sixty days at a residential

community treatment center, and ordered to pay restitution. On

appeal, the district court held the evidence sufficient to support the

magistrate judge's conclusion that Stoots did not act in self-defense,

and the sentence to be legal and reasonable. Stoots appeals.

Stoots argues that he did not use excessive force in reacting to the

conduct of a coworker at the Aberdeen Proving Ground. He asserts

the magistrate judge improperly failed to find that Stoots acted in selfdefense.

We uphold the sufficiency of the evidence to support a conviction

if, viewing the evidence and the inferences reasonably drawn therefrom in the light most favorable to the Government, a reasonable trier

of fact could have found guilt beyond a reasonable doubt. United

States v. Rahman, 83 F.3d 89, 93 (4th Cir.), cert. denied, ___ U.S.

___, 65 U.S.L.W. 3369 (U.S., Nov. 18, 1996) (No. 93-6343). Here,

the magistrate judge found, even accepting Stoots's version of events,

that the force Stoots used was much more than would have been necessary to defend himself in the situation. It is the role of the fact

finder, rather than the appellate court, to resolve conflicting testimony, weigh the evidence, and judge the credibility of witnesses.

United States v. Manbeck, 744 F.2d 360, 392 (4th Cir. 1984). Therefore, we conclude that Stoots's conviction is supported by sufficient

evidence.

We affirm the conviction and sentence. We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the

decisional process.

AFFIRMED

 2
Exhibit 32



                        President's Written Certification
                             Of Financial Statements
                       Pursuant to 18 U.S.C. Statute 1350



     Pursuant to 18 U.S.C. Statute 1350, as adopted pursuant to Section 907 of
the Sarbanes-Oxley Act of 2002, the undersigned hereby certifies in his capacity
as president of 4net Software, Inc. (the "Company") that

     (a)  the Quarterly Report of the Company on Form 10-QSB for the period
          ended March 31, 2007 fully complies with the requirements of Section
          13(a) of the Securities Exchange Act of 1934, and

     (b)  the information contained in such report fairly presents, in all
          material respects, the financial condition of the Company at the end
          of such period and the results of operations of the Company for such
          period.



Dated: May 14, 2007



                                            /s/ Steven N. Bronson
                                            ----------------------------------
                                            Steven N. Bronson, President
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1063 Engrossed in House (EH)]

<DOC>
H. Res. 1063

                In the House of Representatives, U. S.,

                                                     December 21, 2018.
Whereas Abraham Lincoln was elected to the House of Representatives in 1846 to 
        represent the 7th Congressional District of Illinois in the Thirtieth 
        Congress from March 1847 to March 1849;
Whereas Abraham Lincoln served the people for 15 years as a State Legislator, 
        Member of Congress, and President of the United States;
Whereas Abraham Lincoln was a member of the Illinois General Assembly for four 
        terms and was respected as an effective leader of his party and a 
        popular campaigner;
Whereas during Congressman Lincoln's tenure, the room now designated as room H-
        226 of the United States Capitol was used as the post office of the 
        House, where he spent almost every morning exchanging stories near the 
        fireplace;
Whereas the old post office space was just steps away from Congressman Lincoln's 
        desk, where he worked and voted and is now marked by a gold plaque on 
        the floor of Statuary Hall;
Whereas Congressman Lincoln was known to be the champion story-teller of the 
        Capitol, having an endless repertoire of tales;
Whereas Abraham Lincoln was one of America's greatest presidents, whose life was 
        a story of adversity, perseverance, and leadership; and
Whereas when the United States was at its darkest hour, Abraham Lincoln fought 
        to end slavery and brought the country back together: Now, therefore, be 
        it
    Resolved, That room H-226 of the United States Capitol is designated as the 
``Lincoln Room''.
            Attest:

                                                                          Clerk.
```
Exhibit 32



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 Archon Corporation (the Company) on Form 10-Q for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), we, Paul W. Lowden, Chief Executive Officer of the Company, and John M. Garner, Chief Financial 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
2003, that to our knowledge:



| | (i) | the Report fully complies with the requirements of section 13(a) and 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                            
|--------------------------------------------
|Date: August 15, 2005                       
|                                            
|/s/ Paul W. Lowden                          
|Paul W. Lowden                              
|Chairman of the Board and President         
|(Principal Executive Officer)               
|                                            
|/s/ John M. Garner                          
|John M. Garner                              
|Chief Financial Officer                     
|(Principal Accounting and Financial Officer)



This certification
accompanies the above described Report on Form 10-Q pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the
extent required by

such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of

1934.
Rialto
CAPITAL(logo)  2018
Annual Statement of Servicer Compliance (Item 1123)  Pooling
and Servicing Agreement (the “Pooling and Servicing Agreement”) dated as of April 1, 2013 by and amongBarclays
Commercial Mortgage Securities LLC as Depositor, Midland Loan Services, a Division of PNC Bank, National Association as Master
Servicer, Rialto Capital Advisors, LLC as Special Servicer and Park Bridge Lender Services LLC as Operating Advisor and U.S. Bank
National Association, as Trustee, Certificate Administrator, Paying Agent and Custodian relating to the UBS-Barclays Commercial
Mortgage Trust 2013-C6, Commercial Mortgage Pass-Through Certificates, Series 2013-C6(UBS-Barclays
2013-C6)  The undersigned, a duly authorized
officer of Rialto Capital Advisors, LLC, as special servicer (the “Special Servicer”) herein certifies to the following:   1.
    All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement are performed on behalf of the Special Servicer.2.
    A review of the servicing activities and performance by the Special Servicer for the period of January 1, 2018 to December 31, 2018 (the “Reporting Period”) in accordance with the Pooling and Servicing Agreement has been conducted under my supervision.3.
    To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligationsunder the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has been specifically identified herein.   Certified by:
    /s/ Adam Singer
    
    Date: March 1, 2019Adam Singer, Managing Director
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED UNAUDITED BALANCE SHEET, CONSOLIDATED UNAUDITED STATEMENT OF
OPERATIONS AND CONSOLIDATED UNAUDITED STATEMENT OF CASH FLOWS AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH UNAUDITED FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-01-1997
<PERIOD-END>                               JUL-31-1997
<CASH>                                       4,530,000
<SECURITIES>                                         0
<RECEIVABLES>                               22,708,000
<ALLOWANCES>                                 1,059,000
<INVENTORY>                                 21,475,000
<CURRENT-ASSETS>                            51,967,000
<PP&E>                                      39,936,000
<DEPRECIATION>                              23,830,000
<TOTAL-ASSETS>                              89,324,000
<CURRENT-LIABILITIES>                       41,763,000
<BONDS>                                      3,826,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,435,000
<OTHER-SE>                                  42,300,000
<TOTAL-LIABILITY-AND-EQUITY>                89,324,000
<SALES>                                     65,281,000
<TOTAL-REVENUES>                            65,281,000
<CGS>                                       44,868,000
<TOTAL-COSTS>                               44,868,000
<OTHER-EXPENSES>                            31,269,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             964,000
<INCOME-PRETAX>                           (11,820,000)
<INCOME-TAX>                                    16,000
<INCOME-CONTINUING>                       (11,836,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (11,836,000)
<EPS-PRIMARY>                                   (0.99)
<EPS-DILUTED>                                        0
        

</TABLE>
2007-1833.

#### McEwen v. Timmerman-Cooper.

In Prohibition. On respondents’ answer and motion for judgment on the pleadings. Motion for judgment on the pleadings granted. Cause dismissed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.