alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.2
                            FIRST AMENDMENT
                       TO EMPLOYMENT AGREEMENT

     This First Amendment to Employment Agreement (the "Amendment"),
effective as of May 8, 2000, is by and between Phoenix Fuel Co., Inc., an
Arizona corporation (the "Company"), and Gary R. Dalke (the "Executive").

                               RECITALS

     A.  Pursuant to that certain Employment Agreement (the
         "Agreement"), dated as of May 7, 1997, the Company retained
         the Executive as an executive of the Company, for the
         consideration and on the terms set forth in the Agreement.
         Capitalized terms used herein that are not defined shall have
         the meaning given to such terms in the Agreement.

     B.  The Company and the Executive now desire to amend the
         Agreement to provide that the entire Stay-on Bonus shall be
         payable in cash and the final installment of $180,000 shall be
         payable on May 10, 2000.

     NOW THEREFORE, in consideration of the foregoing Recitals and for
other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, each of the Company and the Executive,
intending to be legally bound, hereby agree as follows:

                              AGREEMENT

     1.  Notwithstanding any provision of the Agreement to the
         contrary, the Stay-on Bonus shall be paid entirely in cash and
         the final installment of $180,000.00 shall be paid by the
         Company to the Executive on May 10, 2000.

     2.  This Amendment may be executed in one or more counterparts,
         each of which will be deemed an original but all of which
         taken together will constitute one and the same instrument.

     3.  Except as expressly modified by this Amendment, all other
         terms and conditions of the Agreement shall remain in full
         force and effect.

     IN WITNESS WHEREOF, the undersigned have executed this Amendment
as of the date first above written.

     COMPANY:

     Phoenix Fuel Co., Inc.

     By: /s/ MARK B. COX
        ________________________
     Name:  Mark B. Cox
     Title: Vice President

     EXECUTIVE:

     /s/ GARY R. DALKE
     ___________________________
          Gary R. Dalke
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-51155

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

FERNANDO MALLEN-DE LUNA, also known as Tomas Salais-Diaz

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:07-CR-166-ALL

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Fernando Mallen-De Luna

raises arguments that are foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty

provision and not a separate criminal offense. United States v. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872 (2008).

United States Court of Appeals

Fifth Circuit

F I L E D

April 2, 2008

Charles R. Fulbruge III

Clerk
No. 07-51155

2

The Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6494

CARL BARLEY,

Plaintiff - Appellant,

versus

KEITH ADAMS, Inmate Officer; KEITH BROWN,

Sgt.; JAMES WOODWARD,

Defendants - Appellees.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-01-995-7)

Submitted: June 20, 2002 Decided: June 26, 2002

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Carl Barley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Carl Barley seeks to appeal the district court’s order denying

relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We

dismiss the appeal for lack of jurisdiction because Barley’s notice

of appeal was not timely filed.

Parties are accorded thirty days after the entry of the

district court’s final judgment or order to note an appeal, see

Fed. R. App. P. 4(a)(1), unless the district court extends the

appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal

period under Fed. R. App. P. 4(a)(6). This appeal period is

“mandatory and jurisdictional.” Browder v. Director, Dep’t of

Corrections, 434 U.S. 257, 264 (1978) (quoting United States v.

Robinson, 361 U.S. 220, 229 (1960)).

The district court’s order was entered on the docket on

February 7, 2002. Barley’s notice of appeal was filed on March 18,

2002. Because Barley failed to file a timely notice of appeal or

move for and obtain an extension or reopening of the appeal period,

we 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 the

decisional process.

DISMISSED
### Port/Terminal : Our Reference : Drawn By : Representing : Date Sample Taken : Date Submitted : Date Tested : Sample Designated As : Client Reference : Test Method Units API Gravity @ 60°F ASTM D4052 Deg. API Sulfur ASTM D4294 % Wt. Flash Point ASTM D93B Deg. °F Viscosity, Kin @ 122°F ASTM D445 cSt Viscosity, Say @ 122°F ASTM D2161 SFS

Heat of Combustion ASTM D240 BTU / Pound Heat of Combustion ASTM D240 BTU / Gallon Sediment & Water ASTM D1796 % Vol. Ash Content ASTM D482 % Wt.

Nitrogen ASTM D5762 % Wt. Vanadium ASTM D5863B PPM

Sodium ASTM D5863B PPM Ultimate Analysis ASTM D5291 Carbon ASTM D5291 %Wt Hydrogen ASTM D5291 %Wt 18481 166.2 14.5 

### Submitted Sample Tank Sample July 30, 2009

Results

351.41 0.926 200+ 

# Report of Analysis Taunton Municipal Lighting Plant, MA 29-000609
July 31, 2009
TBN July 31, 2009 #6 Fuel Oil

0.026 149160 0



### Syed Naqvi Laboratory Manager 

### Intertek Caleb Brett

T: 203-467-3471 F: 203-467-8083 7

New Haven, CT 06512 11.15 0.26 26

88.09

481A East ShorePkwy
Opinion issued June 27, 2024

In The 

## Court of Appeals
For The 

## First District of Texas

———————————— NO. 01
- 2 4
- 00 059
- CV

——————————— MICHAEL DONALD LEE SANDERS , Appellant V. ARTEMIS INVESTMENT HOLDINGS, LLC, DARIN J. RAY , AND

DUCKWORTH & RAY, LLP, Appellee s

On Appeal from 1 2 th District Court Grimes County, Texas Trial Court Ca se No
. 035864

MEMORANDUM OPINION Appellant Michael Donald Lee Sanders failed to file a brief. See T EX

. R. A PP

. P. 38. 6 (a), 38 .8(a). 1 On April 2 , 202 4 , the Clerk of this Court notified Appellant that

1 On January 29, 2024, Appellant had filed a Motion to Dismiss with Prejudice, representing that “the parties have entered into a settlement agreement that2

his appellate brief was past due, and his appeal was subject to dismissal. See T EX

. R. A PP

. P. 38.8(a), 42.3(b), 43.2(f). We directed Appellant to file his brief and a motion requesting an e xtension to file the brief within 10 days of our notice. Appellant did not respond. See T EX

. R. A PP

. P. 42.3(b) , (c)

. We dismiss the app eal for want of prosecution for failure to file a brief

. See
T EX

. R. A PP

. P . 38.8(a), 42.3(b), 43.2(f). We d eny any pending motions as moot.
PER CURIAM
Panel consists of Justices Hightower , Rivas

- Molloy, and Farris

.

dismisse [d] all claims with prejudice to the rights of either party.” We denied the Motion to Dismiss without prejudice on procedural grounds.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 160 Introduced in House (IH)]

104th CONGRESS
  2d Session
H. CON. RES. 160

   Congratulating the people of the Republic of Sierra Leone on the 
        success of their recent democratic multiparty elections.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1996

Mr. Houghton (for himself, Mr. Watt of North Carolina, Mr. Chabot, Mr. 
Ackerman, Mr. Payne of New Jersey, Mr. Hastings of Florida, Mr. Engel, 
 and Mr. Frazer) submitted the following concurrent resolution; which 
        was referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
   Congratulating the people of the Republic of Sierra Leone on the 
        success of their recent democratic multiparty elections.

Whereas since 1991 the people of the Republic of Sierra Leone have endured a 
        horrific civil war that has killed thousands of individuals and 
        displaced more than half the population of the country;
Whereas for the first time in almost 30 years, the Republic of Sierra Leone held 
        its first truly democratic multiparty elections to elect a president and 
        parliament and put an end to military rule;
Whereas the elections held on February 26, 1996, and the subsequent runoff 
        election held on March 15, 1996, were deemed by international and 
        domestic observers to be free and fair and legitimate expressions of the 
        will of the people of the Republic of Sierra Leone;
Whereas success of the newly elected democratic government led by President 
        Ahmad Tejan Kabbah could have a positive effect on the West African 
        neighbors of the Republic of Sierra Leone; and
Whereas the historic event of democratic multiparty elections in the Republic of 
        Sierra Leone should be honored: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) congratulates the people of the Republic of Sierra 
        Leone for holding their first democratic multiparty 
        presidential and parliamentary elections in nearly 30 years;
            (2) encourages all people of the Republic of Sierra Leone 
        to continue to negotiate an end to the civil war and to work 
        together after taking the critical first step of holding 
        democratic elections in that country;
            (3) reaffirms the commitment of the United States to help 
        nations move toward freedom and democracy; and
            (4) further reaffirms that the United States is committed 
        to encouraging peace, democracy, and economic development on 
        the African continent.
                                 <all>
```
#### § 1.810-1 [Reserved]
EXHIBIT 35.1 **SERVICER COMPLIANCE STATEMENT**Re:  Mercedes-Benz Financial Services USA LLC, in its capacity as Servicer (the "Servicer") under the Amended and Restated Servicing Agreement, dated as of March 1, 2009, among Daimler Trust, as Titling Trust, Daimler Title Co., as Collateral Agent, and Mercedes-Benz Financial Services USA LLC, as Lender and as Servicer (the "Servicing Agreement"), and under the 2015-B Servicing Supplement, dated as of October 1, 2015, among the same parties (the "Servicing Supplement") for the period from October 28, 2015, to December 31, 2015 (the "Reporting Period") I, Brian T. Stevens, certify that: (a) A review of the Servicer's activities during the Reporting Period and of its performance under the Servicing Agreement and the Servicing Supplement has been made under my supervision. (b) To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Servicing Agreement and the Servicing Supplement in all material respects throughout the Reporting Period. Dated:  March 22, 2016             /s/ Brian T. Stevens Name: Brian T. Stevens Title: Vice President and Controller
§ 1.960-5 Credit for taxable year of inclusion binding for taxable year of exclusion. ( a ) *Taxes not allowed as a deduction for taxable year of exclusion.* In the case of any taxpayer who— ( 1 ) Chooses to claim a foreign tax credit as provided in section 901 for the taxable year for which he is required to include in gross income under section 951(a) or 951A(a) an amount attributable to the earnings and profits of a controlled foreign corporation; and
( 2 ) Does not choose to claim a foreign tax credit as provided in section 901 for a taxable year in which he receives an amount which is excluded from gross income under section 959(a)(1) and which is attributable to such earnings and profits of such controlled foreign corporation, No deduction shall be allowed under section 164 for the taxable year of such exclusion for any foreign income taxes paid or accrued on or with respect to such excluded amount.
( b ) *Example.* The application of this section may be illustrated by the following example: ( 1 ) *Facts.* USP, a domestic corporation, owns all the one class of stock of CFC, a controlled foreign corporation. Both corporations use the calendar year as the taxable year and the functional currency of CFC is the U.S. dollar. All of CFC's earnings and profits of $80x for Year 1 (after payment of foreign income taxes of $20x on its total income of $100x for such year) are attributable to amounts required under section 951(a) to be included in USP's gross income for Year 1 because such income is general category foreign base company services income of CFC. For Year 1, USP chooses to claim a foreign tax credit for the $20x of foreign income taxes which for such year are paid by CFC and deemed paid by USP under section 960(a) and § 1.960-2(b). In Year 2, CFC distributes the entire $80x of Year 1 previously taxed earnings and profits, from which a foreign income tax of $8x is withheld. Also in Year 2, CFC pays $40x of interest to USP, from which a foreign income tax of $4x is withheld. For Year 2, USP chooses to claim deductions for its creditable foreign income taxes under section 164 rather than a foreign tax credit under section 901.
( 2 ) *Analysis.* Although USP does not choose to claim a foreign tax credit for Year 2, under section 960(c)(4) and paragraph (a) of this section it may not deduct the $8x of foreign income taxes under section 164. USP may, however, deduct under such section the foreign income tax of $4x which is withheld from the interest paid by CFC in Year 2.
[T.D. 7120, 36 FR 10859, June 4, 1971, as amended by T.D. 7649, 44 FR 60089, Oct. 18, 1979; T.D. 9882, 84 FR 69119, Dec. 17, 2019]
EXHIBIT 32.1

# CERTIFICATION OF
PERIODIC FINANCIAL REPORTS

Solely for the purposes of complying
with Section 906 of the Sarbanes-Oxley Act of 2002, we, William D. Gehl, Chairman of the
Board of Directors and Chief Executive Officer, and Thomas M. Rettler, Vice President and
Chief Financial Officer, of Gehl Company, certify, based on our knowledge, that:

| | (1) | the
Quarterly Report on Form 10-Q for the three- month period ended March 31,           2006
(the Quarterly Report) to which this statement is an exhibit           fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
          Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (2) | information
contained in the Quarterly Report fairly presents, in all material           respects,
the financial condition and results of operations of Gehl Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: May 10, 2006

| | /s/
William D. Gehl                                                              William D.
Gehl
| | ------------------------------------------------------------------------------------------------

| | /s/
Thomas M. Rettler
                                                                  Thomas M. Rettler
| | ---------------------------------------------------------------------------------------------------------
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Re: Annual Statement ofCompliance for JPMBB Commercial Mortgage Securities Trust 2015-C33, CommercialMortgage Pass-Through Certificates, Series 2015-C33

 

 

Per the Pooling and ServicingAgreement dated as of November 1, 2015 (the "Agreement"), the undersigned,a duly authorized officer of Wells Fargo Bank, N.A., as CertificateAdministrator ("Wells Fargo"), hereby certifies as follows as of andfor the year ending December 31, 2016 (the "Reporting Period"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

February 27, 2017

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
Emergency Situations 

II Return Home & Land Mode 

Be sure you are in a large open area. Before you take off, 

make sure you have a good GPS lock by ensuring your LED 

indicators are flashing Green. Fly the Phantom at least 50ft 

away from your take off point. Turn off the Remote Controller. 

The Phantom will enter it Is failsafe Return-To-Home Mode. 

Let the Phantom finish it Is routine and land itself within 2 meters 

of the take off point. 

t:r--------------, 

El 

15 meters 

I 

I 

I 

• 

Intercepting Return Home & Land Mode 

Be sure you are in a large open area. Before you take off, make 

sure you have a good GPS lock by ensuring your LED indicators 

are flashing Green. Fly the Phantom 50ft away from your take 

off point. Turn offthe Remote Controller. The Phantom will 

enter it Is failsafe Return-To-Home Mode. When the Phantom 

is returning home, you can intercept RTH Mode by switching 

the Sl Switch from the top position to the middle or lower 

position, then continue flying the Phantom. 

-- ---- • I 

' 

• 1 15 meters 
www.dji.com 

Copyright:2014 DJIInnovations. All Rights Reserved.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10QSB
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                         532,432
<SECURITIES>                                 2,869,020
<RECEIVABLES>                                  375,800
<ALLOWANCES>                                         0
<INVENTORY>                                  1,195,444
<CURRENT-ASSETS>                             3,616,703
<PP&E>                                          86,086
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,206,085
<CURRENT-LIABILITIES>                          251,077
<BONDS>                                              0
<PREFERRED-MANDATORY>                            1,000
<PREFERRED>                                          0
<COMMON>                                        12,913
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,206,085
<SALES>                                        812,391
<TOTAL-REVENUES>                             1,046,446
<CGS>                                           53,353
<TOTAL-COSTS>                                3,005,659
<OTHER-EXPENSES>                               236,916<F1>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             156,975
<INCOME-PRETAX>                            (2,671,854)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,671,854)
<EPS-PRIMARY>                                   ($.25)
<EPS-DILUTED>                                        0
<FN>
<F1>Other expenses are settlement of legal proceedings
</FN>
        

</TABLE>
Exhibit 32.2

Certification of Chief Financial Officer of

COMMUNITY NATIONAL BANCORPORATION

Pursuant to 18 U.S.C. Section 1350
(Adopted by Section 906 of the Sarbanes-Oxley Act of 2002)

The undersigned Chief Financial Officer of Community National Bancorporation, hereby certifies that:

1. Community National Bancorporation's Quarterly Report on Form 10-QSB for the period ended September 30, 2003, to which this certification is attached as an exhibit (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 Community National Bancorporation

/S/ W. Paul GephartW. Paul Gephart
Senior Vice President and Chief Financial Officer

November 13, 2003
1.  I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Nissan Auto Receivables 2015-B Owner Trust (the “Exchange Act periodic reports”);
 2.  Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
 4.  I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and
 5.  All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.
  Date:  June 23, 2017
 By:/s/ Mark KaczynskiMark KaczynskiPresident and Chief Executive Officer ofNissan Motor Acceptance Corporation(senior officer in charge of theservicing function)
 9