alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31.1

CERTIFICATION

SECTION 302 CERTIFICATION OF OUR CHIEF EXECUTIVE OFFICER

I, Donald Gee, certify that:



1.    I have reviewed this annual report on Form 10-KSB of Smart-tek Solutions, Inc.;



2.

Based on my knowledge, this report does not contain any untrue statement of

material fact or omit to state a material fact necessary to make the statements

made, in light of the circumstances under which such statements were made,

not misleading with respect to the period covered by this report;



3.    Based on my knowledge, the financial statements, and other financial

information included in this report, fairly present in all material

respects the financial condition, results of operations and cash flows of

the registrant as of, and for, the periods presented in this report;



4.    The registrant's other certifying officer and I are responsible for

establishing and maintaining disclosure controls and procedures (as

defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant

and have:



(a)   Designed such disclosure controls and procedures, or caused such

disclosure controls and procedures to be designed under our

supervision, to ensure that material information relating to the

registrant, including its consolidated subsidiaries, is made known

to us by others within those entities, particularly during the

period in which this report is being prepared;



(b)   Evaluated the effectiveness of the registrant's disclosure controls

and procedures and presented in this report our conclusions about

the effectiveness of the disclosure controls and procedures, as of

the end of the period covered by this report based on such

evaluation; and



(c)   Disclosed in this report any change in the registrant's internal

control over financial reporting that occurred during the

registrant's most recent fiscal quarter (the registrant's fourth

quarter in the case of an annual report) that has materially

affected, or is reasonably likely to materially affect, the

registrant's internal control over financial reporting; and



5.    The registrant's other certifying officer and I have disclosed, based on

our most recent evaluation of internal control over financial reporting,

to the registrant's auditors and the audit committee of the registrant's

board of directors (or persons performing the equivalent functions):



(a)   All significant deficiencies and material weaknesses in the design

or operation of internal control over financial reporting which are

reasonably likely to adversely affect the registrant's ability to

record, process, summarize and report financial information; and



(b)   Any fraud, whether or not material, that involves management or

other employees who have a significant role in the registrant's

internal control over financial reporting.



/s/ Donald Gee

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

Donald Gee

Chief Executive Officer



October xx, 2005
§ 582.1131 Aluminum sodium sulfate. ( a ) *Product.* Aluminum sodium sulfate.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.1170 Indwelling blood hydrogen ion concentration (pH) analyzer. ( a ) *Identification.* An indwelling blood hydrogen ion concentration (pH) analyzer is a device that consists of a catheter-tip pH electrode and that is used to measure, in vivo, the hydrogen ion concentration (pH) in blood to aid in determining the patient's acid-base balance.
( b ) *Classification.* Class II (special controls). The special control for this device is FDA's “Class II Special Controls Guidance Document: Indwelling Blood Gas Analyzers; Final Guidance for Industry and FDA.”
[47 FR 31142, July 16, 1982, as amended at 52 FR 17735, May 11, 1987; 66 FR 57368, Nov. 15, 2001]
# C_2016098EN.01006102.xml

| 14.3.2016 | EN | Official Journal of the European Union | C 98/61 |
| --- | --- | --- | --- |

14.3.2016

EN

Official Journal of the European Union

C 98/61

---

Order of the General Court of 19 January 2016 — Loewe Technologies v OHIM — DNS International (SoundVision)

(Case T-623/14) (1)

1

(2016/C 098/79)

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 351, 6.10.2014.

1

---
Editorial Note on Part 860
Editorial Note: Nomenclature changes to part 860 appear at 73 FR 35341, June 23, 2008, and at 86 FR 54846, Oct. 5, 2021.

§ 860.133 Procedures when the Commissioner initiates a proceeding to require premarket approval under section 515(b) of the Federal Food, Drug, and Cosmetic Act. ( a ) Section 515(b) of the Federal Food, Drug, and Cosmetic Act applies to proceedings to require premarket approval for a class III preamendments device.
( b ) The Commissioner may require premarket approval for a class III preamendments device by administrative order published in the Federal Register following publication of a proposed order in the Federal Register, a meeting of a device classification panel described in section 513(b) of the Federal Food, Drug, and Cosmetic Act, and consideration of comments from all affected stakeholders, including patients, payors, and providers. The panel will consider reclassification petitions received in the proceeding in accordance with section 513(e) of the Federal Food, Drug, and Cosmetic and the applicable consultation procedures in § 860.125. A recommendation submitted to the Commissioner by the panel will be published in the Federal Register when the Commissioner publishes an administrative order under this section.
[83 FR 64457, Dec. 17, 2018]
Exhibit 10.9


 





AMENDMENT


TO


STOCK OPTION AGREEMENT


 


This Amendment to Stock
Option Agreement (this “Amendment”) is entered into by and between MICHAEL MONA, III, an individual (“Executive”),
and CV SCIENCES, INC., a Delaware corporation (the “Company”) as of March 16, 2017 (the “Effective Date”),
with reference to the following facts:


 


RECITALS


 


A.               
On July 6, 2016 Executive and the Company entered into that certain Non-Qualified Stock Option Agreement (the “Agreement”),
a copy of which is attached hereto and incorporated herein by this reference as Exhibit A;


 


B.                
Each of the parties hereto desires to enter into this Amendment to amend the Agreement as set forth herein.


 


AGREEMENT


 


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


 


1.                 
Vesting Agreement. Subparagraphs (a)(i) through (iii) are superseded and replaced as follows, as related to the
Options not yet vested as of the Effective Date:


 


(i)                
“Thirty-four percent (34%) when the Company has final meeting minutes from a pre-investigational new drug application
(“IND”) meeting as authorized by the FDA for a drug development program utilizing CBD as the active pharmaceutical
ingredient;


 


(ii)             
Thirty-three percent (33%) when the Company is granted an IND; and


 


(iii)           
Thirty-three percent (33%) when the Company commences its first human dosing under the IND.”


 


2.                 
Conflict. If there is a conflict between the terms and conditions of this Amendment and the terms and conditions
of the Agreement, the terms and conditions of this Amendment shall control. Except as modified by this Amendment, the terms and
conditions of the Agreement shall remain in full force and effect.


 


 


[signature page follows]


 


 


 






    	 	1	 



     

    

 


IN WITNESS WHEREOF,
the undersigned have executed this Amendment as of the Effective Date.


 


CV SCIENCES, INC.


 


 


 


By: /s/ James McNulty                                     


Name: James McNulty


Its: Chairman, Compensation Committee


 


 


 


/s/ Michael Mona, III                                       


Michael Mona, III


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 






    	 	2	 



     

    






Exhibit A


 


NON-QUALIFIED STOCK OPTION AGREEMENT


 


[see attached]


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 






    	 	3
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.2299 Ferric ferrocyanide. ( a ) *Identity and specifications.* The color additive ferric ferrocyanide shall conform in identity and specifications to the requirements of § 73.1299(a)(1) and (b).
( b ) *Uses and restrictions.* Ferric ferrocyanide is safe for use in coloring externally applied cosmetics, including cosmetics applied to the area of the eye, in amounts consistent with good manufacturing practice.
( c ) *Labeling.* The color additive and any mixture prepared therefrom intended solely or in part for coloring purposes shall bear, in addition to any information required by law, labeling in accordance with § 70.25 of this chapter.
( d ) *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 certification under section 721(c) of the act.
[43 FR 54236, Nov. 21, 1978]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6704

DAVID DESHON SIMMS, Petitioner - Appellant, versus GARY MILLER, Superintendent, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-03-563-1) Submitted: October 7, 2004 Decided: October 13, 2004 Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. David Deshon Simms, Appellant Pro Se. Sandra Wallace-Smith, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: David Deshon Simms appeals from the denial of his 28 U.S.C. § 2254 (2000) petition by the district court. An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that jurists of reason would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have reviewed the record and conclude that Simms has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 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 in the decisional process.

DISMISSED
#### Suburban Development Corporation *v.*Town Council of the Town of West Hartford

*Samuel S. Goldstein,*corporation counsel, in support of the motion.

*Michael E. Grossmarm,*in opposition.

Submitted December 24, 1968

decided January 8, 1969

The motion by the defendant for review of the refusal of the trial court to permit the record to be supplemented in the appeal from the Court of Common Pleas in Hartford County is denied.
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5250 Breathing circuit circulator. ( a ) *Identification.* A breathing circuit circulator is a turbine device that is attached to a closed breathing circuit and that is intended to circulate anesthetic gases continuously by maintaining the unidirectional valves in an open position and reducing mechanical dead space and resistance in the breathing circuit.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.1720 Pulp tester. ( a ) *Identification.* A pulp tester is an AC or battery powered device intended to evaluate the pulpal vitality of teeth by employing high frequency current transmitted by an electrode to stimulate the nerve tissue in the dental pulp.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.
[52 FR 30097, Aug. 12, 1987, as amended at 84 FR 71812, Dec. 30, 2019]
<PAGE>

                                  EXHIBIT 11

                          PENN TREATY AMERICAN CORPORATION
                         COMPUTATION OF EARNINGS PER SHARE
                                    (unaudited)

<TABLE>
<CAPTION>

                                       Three months                   Nine months 
                                   ended September 30,             ended September 30,
                                ----------------------------   --------------------------
                                   1996 (1)       1995 (1)       1996 (1)       1995 (1)
                                   --------       --------       --------       --------
<S>                                <C>            <C>            <C>            <C>
Shares outstanding
    beginning of period             7,009,447      4,671,284      6,971,284       4,671,284



Weighted average shares issued
    during the public offering            ---       2,065,217           ---         695,971



Weighted average shares
    of exercised stock options        169,529             ---        86,033             ---
                                    ---------       ---------     ---------       ---------


Weighted average primary
     shares outstanding             7,178,976       6,736,501     7,057,317       5,367,255



Net income for primary
     earnings per share             3,097,501       2,342,834     8,673,491       6,148,235 



Net income per common
     primary share                 $     0.43      $     0.35    $     1.23      $     1.15
                                   ----------      ----------    ----------      ----------
                                                                                                                  

(1)  Shares outstanding at the beginning of the period are net of Treasury Shares held at January 1, 1996 and 
1995 of 605,629                                                                                               

</TABLE>

                                                 19
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5375 Heat and moisture condenser (artificial nose). ( a ) *Identification.* A heat and moisture condenser (artificial nose) is a device intended to be positioned over a tracheotomy (a surgically created opening in the throat) or tracheal tube (a tube inserted into the trachea) to warm and humidify gases breathed in by a patient.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 868.9.
[47 FR 31142, July 16, 1982, as amended at 61 FR 1120, Jan. 16, 1996; 66 FR 38795, July 25, 2001]
§ 74.2104 D&C Blue No. 4. ( a ) *Identity and specifications.* The color additive D&C Blue No. 4 shall conform in identity and specifications to the requirements of § 74.1104(a)(1) and (b).
( b ) *Uses and restrictions.* D&C Blue No. 4 may be safely used for coloring externally applied cosmetics in amounts consistent with good manufacturing practice.
( c ) *Labeling.* The label of the color additive shall conform to the requirements of § 70.25 of this chapter.
( d ) *Certification.* All batches of D&C Blue No. 4 shall be certified in accordance with regulations in part 80 of this chapter.
D^7--^5-r- /???- 393S^ 

Devany, Dennis (OST) 

From: . Jeff league [tcot@ipa.net] 

Sent: Monday, May 24, 2010 2:48 PM 

To: Devany, Dennis (OST) 

Subject: SeaPort Airline service change request 

Dennis: 

The city of El Dorado enthusiastically supports SeaPort's proposed change in flight schedule per a letter to you dated May 

21, 2010. If you need a formal letter stating such we would be happy to provide it. 

Also, can you provide any update as to the status of the SCASDP application on file? Thanks. 

Jeff Teague, Chairman 

El Dorado Airport Commission
#### Luskuski et ux. Appeal

January 2,1952.

*Albert Blumberg*and *Edmund Jones,*for petitioners.

*Edward D. McLaughlin,*for Parkside Borough.

Ervin, P. J.,

In the above matter an appeal from the decision of the Board of Adjustment of the Borough of Parkside was allowed and a writ of certiorari was issued directed to the board and commanding it within 20 days after service to certify to the court its entire record in this matter. Prom the record it would appear that appellants own a two-story brick store and apartment at 2901 Edgmont Avenue, Parkside, Delaware County, Pa.; that they presented a petition to the board of adjustment asking a special exception to permit the erection of a one-story addition to the business premises above mentioned; that after hearing before the board it was decided by the board to refuse the exception because of the provision in the zoning code forbidding the erection of buildings on Edgmont Avenue with a height of less than two full stories. This involves a question of law and no additional testimony is needed.

Our search reveals no Pennsylvania decision covering this question. Where the question has been presented and passed upon either directly or obliquely, it has uniformly been held that a grant of power to a municipality to zone its territory, or to regulate, control, or limit the height of buildings, does not constitute a grant of power to prescribe the minimum height of buildings. See article in 8 A.L.R. (2d), page 978. In the cases therein cited it was stated that the word *530“limit”, in the statute, followed by the word “height” was used in the sense of abridge, confine, and restrict. The court concluded that the only power given to the municipality was that of fixing a height above which a building should not be erected. To prohibit the erection of buildings above a certain height does have a direct bearing on the safety from fire and other dangers and does promote the public health and welfare. A provision prohibiting one-story buildings, however, does not in any way promote the public safety, health or welfare.
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.3175 Cytomegalovirus serological reagents. ( a ) *Identification.* Cytomegalovirus serological reagents are devices that consist of antigens and antisera used in serological tests to identify antibodies to cytomegalovirus in serum. The identification aids in the diagnosis of diseases caused by cytomegaloviruses (principally cytomegalic inclusion disease) and provides epidemiological information on these diseases. Cytomegalic inclusion disease is a generalized infection of infants and is caused by intrauterine or early postnatal infection with the virus. The disease may cause severe congenital abnormalities, such as microcephaly (abnormal smallness of the head), motor disability, and mental retardation. Cytomegalovirus infection has also been associated with acquired hemolytic anemia, acute and chronic hepatitis, and an infectious mononucleosis-like syndrome.
( b ) *Classification.* Class II (performance standards).
§ 7.55 Termination of a recall. ( a ) A recall will be terminated when the Food and Drug Administration determines that all reasonable efforts have been made to remove or correct the product in accordance with the recall strategy, and when it is reasonable to assume that the product subject to the recall has been removed and proper disposition or correction has been made commensurate with the degree of hazard of the recalled product. Written notification that a recall is terminated will be issued by the appropriate Food and Drug Administration district office to the recalling firm.
( b ) A recalling firm may request termination of its recall by submitting a written request to the appropriate Food and Drug Administration district office stating that the recall is effective in accordance with the criteria set forth in paragraph (a) of this section, and by accompanying the request with the most current recall status report and a description of the disposition of the recalled product.
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.4520 Immunofluorometer equipment. ( a ) *Identification.* Immunofluorometer equipment for clinical use with its electrical power supply is a device used to measure the fluorescence of fluorochrome-labeled antigen-antibody complexes. The concentration of these complexes may be measured by means of reflected light. A beam of light is passed through a solution in which a fluorochrome has been selectively attached to serum protein antibody molecules in suspension. The amount of light emitted by the fluorochrome label is detected by a photodetector, which converts light energy into electrical energy. The amount of electrical energy registers on a readout system such as a digital voltmeter or a recording chart. This electrical readout is called the fluorescence value and is used to measure the concentration of antigen-antibody complexes.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 866.9.
[47 FR 50823, Nov. 9, 1982, as amended at 54 FR 25047, June 12, 1989; 66 FR 38792, July 25, 2001]
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5870 Nonrebreathing valve. ( a ) *Identification.* A nonrebreathing valve is a one-way valve that directs breathing gas flow to the patient and vents exhaled gases into the atmosphere.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.2310 Clinical sample concentrator. ( a ) *Identification.* A clinical sample concentrator is a device intended to concentrate (by dialysis, evaporation, etc.) serum, urine, cerebrospinal fluid, and other body fluids before the fluids are analyzed.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 862.9.
[52 FR 16122, May 1, 1987, as amended at 60 FR 38899, July 28, 1995; 66 FR 38788, July 25, 2001]