alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sima Michelson, Appellant, Impleaded with Another, *v.*Clara W. Stuhlman, Respondent.

(Submitted October 8, 1936;

decided November 24, 1936.)

*Otho S. Bowling*for appellant.

*164
      *Everett W. Bovard*and *Daniel Mungall*for respondent.

Loughran, J.

Plaintiff Sima Michelson was riding in an automobile operated by her husband when the vehicle collided with another driven by the defendant. She sued for personal injuries alleged thereby to have been caused through the negligence of the defendant. Her husband brought a companion action to recover for alleged consequent loss of her services. The actions were tried together. The jury returned a verdict for the defendant upon which judgment in her favor was entered against both plaintiffs. On appeal by both to the Appellate Division, the judgment was affirmed. Plaintiff Sima Michelson alone appeals to this court.

The jury were instructed that, if appellant’s husband *“*was at fault and the collision was due to his failure to operate his car reasonably and carefully, then there must be two verdicts for the defendant.” In refusing to charge that as matter of law the appellant was not contributorily negligent, the trial judge said: *“*In view of the respective claims, I say it is either one person’s fault or the other.”

These rulings, we think, were erroneous in the case of the appellant. Assuming that the issue of her contributory negligence was for the jury *(Nelson*v. *Nygren,*259 N. Y. 71), she was not to be denied a recovery merely because both drivers were at fault. In *Prindle*v. *Rock-land Transit Corp.*(271 N. Y. 580) we approved a charge that recovery could be had for the death of the plaintiff’s intestate, a passenger, if the collision was due to the combined negligence of both drivers, that the negligence of the defendant’s employee did not have to *165be the sole cause. Our decision in the *Prindle*case controls this ease. (See, also, *Burd*v. *Bleischer,*208 App. Div. 499.)

The judgment of the Appellate Division and that of the Trial Term should be reversed and a new trial granted, with costs to abide the event.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Finch, JJ., concur.

Judgments reversed, etc.
§ 77.33 Effective period of determinations. ( a ) The effective date of a determination not subject to discretionary review under 77.37(b) is the date of issuance. The effective date of all other determinations for a proposed or existing structure is 40 days from the date of issuance, provided a valid petition for review has not been received by the FAA. If a valid petition for review is filed, the determination will not become final, pending disposition of the petition.
( b ) Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under this subpart expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier.
( c ) A Determination of Hazard to Air Navigation has no expiration date.
[Doc. No. FAA-2006-25002, 75 FR 42303, July 21, 2010, as amended by Amdt. 77-13-A, 76 FR 2802, Jan. 18, 2011]
Exhibit 10.7





Exhibit 10.7









CHANGE IN TERMS AGREEMENT




	 	 	 
	BORROWER:

	 	LENDER:
	Westmoreland Resources, Inc.

	 	FIRST INTERSTATE BANK
	PO Box 449

	 	Billings Office — Commercial Dept.
	Hardin, MT 59034-0449

	 	401 North 31st St.
	 

	 	P. O. Box 30918 
	 

	 	Billings, MT 59116 
	 
	 	 
	 
	 	 
	Date of Agreement:

	 	11/6/09 
	Note Number:

	 	1100236330 






Description of Existing Indebtedness: Promissory note dated October 29, 2007 in original principal
amount of $8,500.000.00. Current principal balance is $4,235,787.48.



Description of Collateral: All inventory, chattel paper, accounts, equipment and general intangibles.
Westmoreland Resources, Inc. stock.



Description of Change in Terms:



Lender will permit a one-time re-advance of principal, in one or more advances up to $3,764,212.60,
resulting in a total principal balance that may be outstanding of $8,000,000.00.



Interest rate remains at fully fluctuating Wall Street Journal Prime Rate (the “Index”), but will
have a floor of not less than 7.000% per annum.



Payment schedule is as follows:



Quarterly payments in the amount of $600,000.00 plus interest for 13 payments beginning January
29, 2010, with the balance plus interest due at maturity on January 29, 2013.



1.000% extension/modification fee on the $8,000,000.00 payable on the date hereof.



Continuing Validity. Except as expressly changed by this Agreement, the terms of the original
obligation or obligations, including all agreements evidenced or securing the obligation(s), remain
unchanged and in full force and effect. Consent by Lender to this Agreement does not waive
Lender’s right to strict performance of the obligation(s) as changed, nor obligate Lender to make
any future change in terms. Nothing in this Agreement will constitute a satisfaction of the
obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers
of the original obligation(s), including accommodation parties, unless a party is expressly
released by Lender in writing. Any maker or endorser, including accommodation makers, will not be
released by virtue of this Agreement. If any person who signed the original obligation does not
sign this Agreement below, then all persons signing below acknowledge that this Agreement is given
conditionally, based on the representation to Lender that the non-signing party consents to the
changes and provisions of this Agreement or otherwise will not be released by it. This waiver
applies not only to any initial extension, modification or release, but also to all such subsequent
actions.



PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT.
BORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE
AGREEMENT.



BORROWER:



WESTMORELAND RESOURCES, INC.



	 	 	 	 	 
	BY

	 	/s/ Douglas P. Kathol
 

DOUGLAS P. KATHOL
	 	 
	 

	 	VICE PRESIDENT OF DEVELOPMENT AND TREASURER	 	 






FIRST INTERSTATE BANK




	 	 	 	 	 
	BY:

	 	/s/ Steve Tostenrud
 

STEVE TOSTENRUD, VICE PRESIDENT
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Annual report of theCommissioner of Internal Revenue for the fiscal year ended...**
 
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SuDoc Number:T 22.1:
Item Number:0955 (online)
CGP systemNumber:000934126
 
January 30, 2018
# EUR-Lex - 31995D0235 - EN

Avis juridique important

*|*

# 31995D0235

**95/235/EC: Commission Decision of 26 June 1995 amending Decision 95/90/EC laying down specific conditions for importing fishery and aquaculture products from Albania **

*
Official Journal L 156 , 07/07/1995 P. 0082 - 0083 *

COMMISSION DECISION of 26 June 1995 amending Decision 95/90/EC laying down specific conditions for importing fishery and aquaculture products from Albania (Text with EEA relevance) (95/235/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 (5) thereof,

Whereas the list of establishments approved by Albania for importing fishery and aquaculture products into the Community has been drawn up in Commission Decision 95/90/EC (2); whereas this list may be amended following the communication of a new list by the competent authority in Albania;

Whereas the competent authority in Albania has communicated a new list adding two establishments, and modifying the data of two establishments;

Whereas it is necessary to amend the list of approved establishments accordingly;

Whereas the measures provided for in this Decision have been drawn up in accordance with the procedure laid down by Commission Decision 90/13/EEC (3),

HAS ADOPTED THIS DECISION:

Article 1

Annex B to Decision 95/90/EC is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 June 1995.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 268, 24. 9. 1991, p. 15.

(2) OJ No L 70, 30. 3. 1995, p. 27.

(3) OJ No L 8, 11. 1. 1990, p. 70.

ANNEX

'ANNEX B

>TABLE>
Exhibit 24.9


                              KEYSPAN CORPORATION

                                POWER OF ATTORNEY



     WHEREAS,  KeySpan  Corporation,  a New York  corporation  (the  "Company"),
intends to file with the Securities and Exchange Commission under the Securities
Exchange Act of 1934, as amended, an Annual Report on Form 10-K as prescribed by
said Commission  pursuant to said Act and the rules and regulations  promulgated
thereunder.

     NOW,  THEREFORE,  in my capacity as a director of the Company,  I do hereby
appoint GERALD LUTERMAN, JOHN J. BISHAR, JR. and MICHAEL J. TAUNTON, and each of
them  severally,  as my  attorneys-in-fact  with power to execute in my name and
place, and in my capacity as a director of KeySpan Corporation, said Report, any
amendment  to said  Report  and  any  other  documents  required  in  connection
therewith, and to file the same with the Securities and Exchange Commission.

     IN WITNESS WHEREOF, I have executed this power of attorney this 22nd day of
February, 2006.





                                                     /s/Vikki L. Pryor
###### Editorial Note on Part 206

#### Editorial Note:

Nomenclature changes to part 206 appear at 84 FR 15925, Apr. 16, 2019.

#### § 206.4 Exemption of air carriers for military transportation.

Air carriers providing air transportation pursuant to a contract with the Department of Defense are hereby exempted from Chapter 415 of 49 U.S.C. Subtitle VII, and from part 221, §§ 207.4 and 208.32, of this chapter, with respect to those services.

[Doc. No. 47939, 57 FR 40102, Sept. 2, 1992, as amended at 60 FR 43524, Aug. 22, 1995]
§ 65.115 Senior parachute rigger certificate: Experience, knowledge, and skill requirements. Except as provided in § 65.117, an applicant for a senior parachute rigger certificate must— ( a ) Present evidence satisfactory to the Administrator that the applicant has packed at least 20 parachutes of each type for which the applicant seeks a rating, in accordance with the manufacturer's instructions and under the supervision of a certificated parachute rigger holding a rating for that type or a person holding an appropriate military rating;
( b ) Pass a written test, with respect to parachutes in common use, on— ( 1 ) Their construction, packing, and maintenance;
( 2 ) The manufacturer's instructions;
( 3 ) The regulations of this subpart; and
( c ) Pass an oral and practical test showing the applicant's ability to pack and maintain at least one type of parachute in common use, appropriate to the type rating the applicant seeks. To pass the oral and practical test for a senior parachute rigger certificate, the applicant must satisfactorily demonstrate the objectives in the areas of operation applicable to a senior parachute rigger specified in the Parachute Rigger Practical Test Standards (incorporated by reference, see § 65.23), appropriate to the type rating sought.
[Doc. No. 10468, 37 FR 13251, July 6, 1972, as amended by Docket No. FAA-2022-1463; Amdt. No.65-64, 89 FR 22520, Apr. 1, 2024]
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

The Financial Oversight and Management

Board for Puerto Rico,

as representative of

The Commonwealth of Puerto Rico ,

Debtor

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

Notice of Appearance and Request for Notice

The undersigned enters an appearance as attorney for MCS Life

Insurance Company, and requests that all pleadings, orders, notices and

documents filed and entered in this case be notified to the undersigned.

Certificate of Service

I certify  that on this date I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of

such filing to the registered users.

Date : April 11, 2018

Respectfully submitted ,

For MCS Life Insurance Company

s/ Ramón L. Viñas Bueso

USDC-PR No. 209602

VIÑAS LAW OFFICE, LLC

623 Ave. Ponce de León, Suite 1202B

San Juan, PR 00917-4831

T. 787-724-4363

F. 787-724-4316

ramonvinas@vinasllc.com

Case:17-03283-LTS Doc#:2884 Filed:04/11/18 Entered:04/11/18 12:31:36 Desc: Main

Document Page 1 of 1
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 on Form 10-Q of Arch Chemicals, Inc., a Virginia corporation (the Company), for the period ending September 30, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the Report), each of the undersigned officers of the Company certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to such
officers knowledge, that:



|1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ---------------------------------------------------------------------------------------------------------------------



|2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods
presented in the Report.
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

The foregoing certification is provided solely for purposes of complying with the provisions of Section 906 of
the Sarbanes-Oxley Act of 2002 and is not intended to be used or relied upon for any other purpose.



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|Dated: November 2, 2007 |  |  |  | /s/ Michael E. Campbell
|                        |  |  |  | Michael E. Campbell    
|                        |  |  |  | Chief Executive Officer
|                        |  | 
|Dated: November 2, 2007 |  |  |  | /s/ Steven C. Giuliano 
|                        |  |  |  | Steven C. Giuliano     
|                        |  |  |  | Chief Financial Officer

A signed original of this written statement required by Section 906 has been provided to Arch Chemicals, Inc.
and will be retained by Arch Chemicals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
§ 60.13 FSTD objective data requirements. ( a ) Except as provided in paragraph (b) and (c) of this section, for the purposes of validating FSTD performance and handling qualities during evaluation for qualification, the data made available to the responsible Flight Standards office (the validation data package) must include the aircraft manufacturer's flight test data and all relevant data developed after the type certificate was issued (*e.g.*, data developed in response to an airworthiness directive) if such data results from a change in performance, handling qualities, functions, or other characteristics of the aircraft that must be considered for flight crewmember training, evaluation, or for meeting experience requirements of this chapter.
( b ) The validation data package may contain flight test data from a source in addition to or independent of the aircraft manufacturer's data in support of an FSTD qualification, but only if this data is gathered and developed by that source in accordance with flight test methods, including a flight test plan, as described in the applicable QPS.
( c ) The validation data package may also contain predicted data, engineering simulation data, data from pilot owner or pilot operating manuals, or data from public domain sources, provided this data is acceptable to the responsible Flight Standards office. If found acceptable the data may then be used in particular applications for FSTD qualification.
( d ) Data or other material or elements must be submitted in a form and manner acceptable to the responsible Flight Standards office.
( e ) The responsible Flight Standards office may require additional objective data, which may include flight testing if necessary, if the validation data package does not support FSTD qualification requirements as described in this part and the applicable QPS appendix.
( f ) When an FSTD sponsor learns, or is advised by an aircraft manufacturer or other data provider, that an addition to, an amendment to, or a revision of data that may relate to FSTD performance or handling characteristics is available, the sponsor must notify the responsible Flight Standards office as described in the applicable QPS.
[Docket No. FAA-2002-12461, 71 FR 63426, Oct. 30, 2006, as amended by Docket No. FAA-2022-1355, Amdt. No. 60-7, 87 FR 75711, Dec. 9, 2022]
EXHIBIT 31.2

                            CERTIFICATION PURSUANT TO
                    18 U.S.C. ss.1350, AS ADOPTED PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,  Phillip   Verrill,   Chief  Financial   Officer  of  Fortune   Entertainment
Corporation, certify that:

1. I have  reviewed  this  quarterly  report on Form 10-QSB for the period ended
June 30, 2005 of Fortune Entertainment Corporation;

2. Based on my knowledge, this report does 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,  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(s)  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))

(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 fiscal 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(s) 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.

August 18, 2005

/s/ Phillip Verrill
Phillip Verrill, Chief Financial Officer
Amendment No. 8 to the Advisory Agreement



 EXHIBIT 10.2 
 AMENDMENT NO. 8 
 TO THE 
 ADVISORY AGREEMENT 
 This amendment no. 8 to the Advisory Agreement dated as of November 8, 2008 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors
LLC, a Delaware limited liability company (the “Advisor”), is entered as of October 23, 2009 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement and
Amendment no. 1 to the Advisory Agreement dated January 7, 2009. 
 WHEREAS, upon the terms set forth in this Amendment,
the Advisor has agreed to amend and restate Article 16 of the Advisory Agreement and advance funds to the Company upon the terms set forth below. 
 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, the parties hereto agree that Article 16 of the Advisory Agreement is hereby amended and
restated in its entirety as follows: 
 ADVANCE 
 Notwithstanding anything contained in Article 9 of this Agreement to the contrary, the Advisor hereby agrees to advance funds (the “Advance”) to the Company equal to the amount by which the
cumulative amount of distributions declared by the Company from January 1, 2006 through the period ending November 30, 2009 exceeds the amount of the Company’s Funds from Operations from January 1, 2006 through November 30,
2009. Advisor further agrees that the Company will only be obligated to reimburse the Advisor for the Advance if and to the extent that the Company’s cumulative Funds from Operations for the period commencing January 1, 2006 through the
date of any such reimbursement exceeds the lesser of (i) the cumulative amount of any distributions declared and payable to the Company’s Stockholders as of the date of such reimbursement or (ii) an amount that is equal to a 7.0%
cumulative, non-compounded, annual return on Invested Capital for the Company’s Stockholders for the period from July 18, 2006 through the date of such reimbursement. Advisor understands and agrees that no interest shall accrue on the
Advance being made under this Agreement. 
 Signature page follows. 







 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year
first above written. 
  

			
	KBS REAL ESTATE INVESTMENT TRUST, INC.
		
	By:	 	/s/ Charles J. Schreiber, Jr.
		 	Charles J. Schreiber, Jr., Chief Executive Officer


  

			
	KBS CAPITAL ADVISORS LLC
		
	By:	 	Schreiber Real Estate Investments, L.P., a Manager



					
			
		 	By:	 	Schreiber Investments, LLC, as general partner



							
				
		 		 	By:	 	/s/ Charles J. Schreiber, Jr.
		 		 		 	Charles J. Schreiber, Jr., Manager