alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Richard J. Baum, certifythat:

 

1. I have reviewed thisquarterly report on Form 10-Q of Ebix, Inc.;

 

2. Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report;

 

4. The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

(a) Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

(b) Evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c) Disclosed in this reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

 

(a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and

 

(b) Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 

 
| Date:  | August 12, 2005         | /s/ Richard J. Baum |   |
|--------|-------------------------|---------------------|--------|
|   | Richard J. Baum         |
|   | Chief Financial Officer |

 

----
# C_2014194EN.01001501.xml

| 24.6.2014 | EN | Official Journal of the European Union | C 194/15 |
| --- | --- | --- | --- |

24.6.2014

EN

Official Journal of the European Union

C 194/15

---

Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 3 April 2014 — Tamoil Italia v Ministero dell’Ambiente e della Tutela del Territorio e del Mare

(Case C-156/14)

2014/C 194/18

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Appellant: Tamoil Italia SpA

Appellant:

Respondent: Ministero dell’Ambiente e della Tutela del Territorio e del Mare

Respondent:

Question referred

Question referred

Do the European Union principles relating to the environment, laid down in Article 191(2) of the Treaty on the Functioning of the European Union and in Directive 2004/35/EC (1) of 21 April 2004 (Articles 1 and 8(3) and recitals 13 and 24 in the preamble) — specifically, the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority — preclude national legislation, such as the rules set out in Articles 244, 245 and 253 of Legislative Decree No 152 of 3 April 2006, which, in circumstances in which it is established that a site is contaminated and in which it is impossible to identify the polluter or to have that person adopt the restoration measures, do not permit the administrative authority to require the owner (who is not responsible for the pollution) to implement the emergency safety and decontamination measures, merely attributing to that person financial liability limited to the value of the site once the decontamination measures have been carried out?

1

---

(1)  Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).

1

---
<PAGE>   1


                                                                    Exhibit 24.3

                      POWER OF ATTORNEY OF CARL W. SCHAFER


KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Carl W. Schafer
constitutes and appoints William D. St. John or Steven H. Moger his true and
lawful attorney-in-fact and agent, for him and his name, place and stead, in any
and all capacities, to sign the Registration Statement on Form S-8, registering
2,982,000 shares of common stock of Nutraceutix, Inc., a Delaware corporation,
issuable upon exercise of options granted pursuant to the Nutraceutix, Inc. 1995
Amended Stock Option Plan, and any amendments (including post-effective
amendments) or supplements thereto, and to file this Power of Attorney and the
Form S-8, with all exhibits thereto, and other documents in connection therewith
with the Securities and Exchange Commission and any stock exchange or similar
authority, granting unto said attorney-in-fact and agent full power and
authority to do and perform each and every act and thing requisite or necessary
to be done in and about the premises, as fully to all intents and purposes as he
might or could do in person, hereby ratifying and confirming all that said
attorney-in-fact and agent may do or cause to be done by virtue hereof.

     This Power of Attorney shall remain in full force and effect until revoked
by the undersigned in a signed writing delivered to the foregoing
attorney-in-fact.

     IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be
executed this 25th day of May, 1999.


                                   /s/       Carl W. Schafer
                                   ---------------------------------------------
                                   CARL W. SCHAFER
# C_2016106EN.01003201.xml

| 21.3.2016 | EN | Official Journal of the European Union | C 106/32 |
| --- | --- | --- | --- |

21.3.2016

EN

Official Journal of the European Union

C 106/32

---

Judgment of the General Court of 4 February 2016 — Meica v OHIM — Salumificio Fratelli Beretta (STICK MiniMINI Beretta)

(Case T-247/14) (1)

1

((Community trade mark - Opposition proceedings - Application for the Community figurative mark STICK MiniMINI Beretta - Earlier Community word mark MINI WINI - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(3) of Regulation (EC) No 216/96))

(2016/C 106/35)

Language of the case: English

Parties

Parties

Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Labesius, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Salumificio Fratelli Beretta SpA (Barzanò, Italy) (represented by: G. Ghisletti, F. Braga and P. Pozzi, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 February 2014 (Case R 1159/2013-4) relating to opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG and Salumificio Fratelli Beretta SpA.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 February 2014 (Case R 1159/2013-4) inasmuch as it rejects the submissions made by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG seeking a decision altering the decision of the Opposition Division in respect of the services in Class 43; |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 February 2014 (Case R 1159/2013-4) inasmuch as it rejects the submissions made by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG seeking a decision altering the decision of the Opposition Division in respect of the services in Class 43;

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Salumificio Fratelli Beretta SpA to bear their own costs. |
| --- | --- |

3.

Orders Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Salumificio Fratelli Beretta SpA to bear their own costs.

---

(1)  OJ C 235, 21.7.2014.

1

---
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.1410 Logwood extract. ( a ) *Identity.* The color additive logwood extract is a reddish brown-to-black solid material extracted from the heartwood of the leguminous tree *Haematoxylon campechianum.* The active colorant substance is principally hematein. The latent coloring material is the unoxidized or leuco form of hematein called hematoxylin. The leuco form is oxidized by air.
( b ) *Specifications.* Logwood extract shall conform to the following specifications and shall be free from impurities other than those named to the extent that such imnurities may be avoided by good manufacturing practice: Volatile matter (at 110 °C), not more than 15 percent. Sulfated ash, not more than 20 percent. Hematein, not less than 5 percent and not more than 20 percent. Lead (as Pb), not more than 70 parts per million. Arsenic (as As), not more than 4 parts per million. Mercury (as Hg), not more than 3 parts per million.
( c ) *Use and restrictions.* Logwood extract may be safely used to color nylon 66 (the copolymer of hexamethylenediamine and adipic acid), nylon 6 (the polymer of *e*-caprolactam), or silk non-absorable sutures for use in general and ophthalmic surgery subject to the following restrictions: ( 1 ) The quantity of color additive does not exceed 1.0 percent by weight of the suture.
( 2 ) When the sutures are used for the purposes specified in their labeling, there is no migration of the color additive to the surrounding tissue.
( 3 ) If the suture is a new drug, an approved new drug application, pursuant to section 505 of the act, is in effect for it.
( d ) *Labeling.* The label of the color additive shall conform to the requirements of § 70.25 of this chapter.
( e ) *Exemption from certification.* Certification of this color additive is not necessary for the protection of the public health, and therefore batches thereof are exempt from the certification requirements of section 721(c) of the act.
[42 FR 52393, Sept. 30, 1977; 43 FR 1490, Jan. 10, 1978]
## Pr opo s e d R u l e : M a n d a t o r y Re p o r t i n g o f O i l a n d N a t u r a l G a s a nd G e o l o g i c S e q u e s t r a ti o n

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na t u r a l ga s s y s t e m s and 2 ) g e o l og i c s e qu e s t r a ti o n N

/ A N

/ A
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN KNEIZYS,

Plaintiff

- Appellant,

v.

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Washington Mutual Bank, Henderson, Nevada; ELIZABETH RICE; NORMAN R. MORRISON, Jr.; FRANKLIN H. MORRISON; JAMES BOHANON; JAMES MCLAUGHLIN; VICKI MCLAUGHLIN; RONALD V. RICE,

Defendants

- Appellee s. No. 23

- 35276

D.C. No. 2:20

- cv

- 01402

- RSL

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding

Submitted August 20, 2024 * *

Before: S.R. THOMAS, RAWLINSON, and COLLINS, Circuit Judges.

Steven Kneizys appeals pro se from the district court’s summary judgment

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 23

- 35276

in his action against the Federal Deposit Insurance Corporation (“FDIC”) as

receiver for Washington Mutual Bank arising out of a dispute over land in Maine

.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo

. Desire, LLC v.

Manna Textiles, Inc. , 986 F.3d 1253, 1259 (9th Cir. 2021) (summary judgment);

Olson Farms, Inc. v. Barbosa , 134 F.3d 933, 936 (9th Cir. 1998) ( the district

court’s determination of subject matter jurisdiction ). We vacate the judgment and

remand with instructions to dismis s for lack of subject matter jurisdiction

Kneizys’s claim seeking reformation of a deed

.

The district court lacked subject matter jurisdiction over Kneizys’s claim

seeking reformation of a deed because Kneizys failed to file a timely

administrative claim under the Financial Institutions Reform, Recovery and

Enforcement Act of 1989 (“FIRREA”)

. See 12 U.S.C. § 1821(d) (3)

- (10) , (13) (D)

(setting forth FIRREA ’ s administrative claims process and providing that courts

lack jurisdiction over claims that have not been exhausted through this proces s );

Intercontinental Travel Mktg., Inc. v. FDIC , 45 F.3d 1278, 128 4 (9th Cir. 1994)

( concluding that FIRREA’s claims bar date is a jurisdictional requirement). We

vacate the district court ’ s summary judgment for the FDIC on Kneizy s ’s

reformation claim and remand with instructions to dismiss the claim for lack of

subject matter jurisdiction.

We reject as unsupported by the record Kneizys’s contention s that the3 23

- 35276

district court denied him due process or was biased against him.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief

. See Indep. Towers of Wash. v. Washington , 350 F.3d 925,

929 (9th Cir. 2003).

The parties will bear their own costs on appeal.

VACATED and REMANDED with instructions

.
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 amended Annual Report of Ambassadors International, Inc. (the Company) on Form 10-K/A for the year ended December 31, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Joseph J. Ueberroth, Chief Executive Officer of the Company 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 Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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/ Joseph J. Ueberroth                         |  | 
|Joseph J. Ueberroth                             |  | 
|Chairman, President and Chief Executive Officer |  | 
|May 9, 2007                                     |  | 

The foregoing certification is being furnished solely to accompany this Report pursuant to 18 U.S.C.
§1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing.
Exhibit23.1

Consent of Independent Registered Public AccountingFirm

The Board of DirectorsAXS-One Inc.:

We consent to the incorporation by reference in theregistration statements (Nos. 333-11681, 333-49733, 333-61125,333-72142, 333-72138, 333-119327 and 333-126554) on Form S-8 and(Nos. 333-49731, 333-115145, 333-126555 and 333-129149) onForm S-3 of AXS-One Inc. of our report dated March23,  2006, with respect to the consolidated balance sheets ofAXS-One Inc. and subsidiaries as of December 31, 2005 and2004, and the related consolidated statements of operations,comprehensive income (loss), stockholders' deficit and cash flowsfor each of the years in the three-year period endedDecember 31, 2005, and our report dated March 23, 2006 onthe related consolidated financial statement schedule, which reportsappear in the December 31, 2005 annual report onForm 10-K of AXS-One Inc.

/s/KPMG LLP

Short Hills, New JerseyMarch23,  2006

----
FORM 10-Q

Securities and Exchange Commission

Washington, D.C.  20549

(Mark One)

[**X**]	QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE

SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended:  **September 30, 2003**
[   ]	TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE 

SECURITIES EXCHANGE ACT OF 1934

For the transition period from _______________ to _______________.

Commission File No. 0-22372.
**GRAND TOYS INTERNATIONAL, INC.**
(Exact Name of Registrant as Specified in its Charter)	
**Nevada                                         		       **98-0163743                                                   
(State or other jurisdiction of			      (I.R.S. Employer

incorporation or organization	     Identification No.)
**1710 Route Transcanadienne, Dorval, Quebec, Canada, H9P 1H7**
(Address of principal executive offices)
**(514) 685-2180**
(Registrant's telephone number, including Area Code)

(Former name, former address and former fiscal year, 

if changed since last report)

Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15 (d) of the Securities Exchange Act during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
****
Yes	**X**		No    _____

Indicate the number of shares outstanding of each of the Issuer's classes of common equity, as of November 14, 2003: 2,835,244
** 
**GRAND TOYS INTERNATIONAL, INC.
 
Index to Quarterly Report on Form 10 - Q
Filed with the Securities and Exchange Commission**Period ended September 30, 2003
 **ITEMS IN FORM 10 - Q**PAGE**Part I - Financial Information

Item 1.  Consolidated Financial Statements:  
Consolidated Balance Sheets 
At September 30, 2003 and December 31, 2002
2-3  
Consolidated Statements of Operations 
For the three Month and Nine Month Periods ended September 30, 2003 and 2002
4  
Consolidated Statements of Stockholders' Equity and Comprehensive Income  
For the Nine Month Period ended September 30, 2003 
5  
Consolidated Statements of Cash Flows 
For the Nine Month Period ended September 30, 2003 and 2002
6  
Notes to Consolidated Financial Statements
7-19  
Item 2.  Management's Discussion and Analysis of Financial Condition 
and  Results of Operations
20-30
Item 3. Quantitative and Qualitative Disclosures About Market Risks
30
Item 4.  Controls and Procedures
30-31**Part II - Other Information   
Item 1.  Legal proceedings
31
Item 2.  Changes in Securities and Use of Proceeds
31
Item 3.  Defaults Upon Senior Securities
31
Item 4.  Submission of Matters to a Vote of Security Holders
31
Item 5.  Other Information
31
Item 6.  Exhibits and Reports on Form 8-K
31-32 
Signatures
33-34  
Certifications
38-41******************
ADDENDUM TO SECOND AMENDMENT TO EMPLOYMENT AGREEMENT

     THIS ADDENDUM TO SECOND AMENDMENT TO EMPLOYMENT AGREEMENT ("ADDENDUM") is
made this 11th day of March, 2003, by and between POMEROY COMPUTER RESOURCES,
INC. ("Company"), and MICHAEL ROHRKEMPER ("Employee").

                                   WITNESSETH:

     WHEREAS, the Company and Employee entered into a Second Amendment to
Employment Agreement, dated March 5, 2003 ("Second Amendment"), whereunder the
Company agreed to provide for Employee's continued employment pursuant to the
express terms and conditions thereto;

     WHEREAS, the Company and Employee now desire to add and include the
following provision to the Second Amendment; and

     WHEREAS, the Company and Employee now desire to confirm and ratify, except
for the addition provided herein below, all of the terms, conditions, and
covenants set forth in the Second Amendment.

     NOW, THEREFORE, in consideration of the foregoing premises and the mutual
covenants herein set forth, the parties hereby covenant and agree as follows:

     Except as modified herein, all terms and conditions of the Second Amendment
shall remain in full force and effect.

     Discretionary Cash Bonus. The Company hereby agrees to provide Employee
     ------------------------
     with a discretionary bonus, in the form of a one-time, lump sum, cash
     payment of $15,000.00 for Employee's work on certain matters related to the
     collection of outstanding vendor receivables. Said payment shall be issued
     immediately upon the execution of this Addendum by both parties hereto.

     IN  WITNESS  WHEREOF,  this  ADDENDUM  TO  SECOND  AMENDMENT  TO EMPLOYMENT
AGREEMENT  has  been  executed  effective  as  of  the  day and year first above
written.

WITNESSES:

_______________________________          MICHAEL ROHRKEMPER

_______________________________          __________________________________


_______________________________          POMEROY COMPUTER RESOURCES, INC.

_______________________________          By:_______________________________


<PAGE>