alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 31994R1131 - EN

Avis juridique important

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# 31994R1131

**Council Regulation (EC) No 1131/94 of 16 May 1994 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training **

*
Official Journal L 127 , 19/05/1994 P. 0001 - 0001 Finnish special edition: Chapter 5 Volume 6 P. 0129 Swedish special edition: Chapter 5 Volume 6 P. 0129 *

COUNCIL REGULATION (EC) No 1131/94 of 16 May 1994 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the representatives of the governements of the Member States, meeting at Head of State and Government level, on adopting the Decision of 29 October 1993 on the location of the seats of certain bodies and departments of the European Communities and of Europol (4), also adopted a declaration by common agreement, regarding the location of the seat of the European Centre for the Development of Vocational Training;

Whereas Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (5) should be amended as regards the seat of the Centre;

Whereas the aspects of the proposal which concern the staff of the Centre should be acted upon at a later stage; whereas this Regulation does not prejudge the position of the Centre's staff,

HAS ADOPTED THIS REGULATION:

Article 1

The third paragraph of Article 1 of Regulation (EEC) No 337/75 is hereby replaced by the following:

'The Centre shall be non-profit making. It shall have its seat in Thessaloniki.'

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

It shall apply from 1 September 1994.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 May 1994.

For the Council

The President

Th. PANGALOS

(1) OJ No C 74, 12. 3. 1994, p. 12.

(2) OJ No C 128, 9. 5. 1994.

(3) Opinion delivered on 27 April 1994 (not yet published in the Official Journal).

(4) OJ No C 323, 30. 11. 1993, p. 1.

(5) OJ No L 39, 13. 2. 1975, p. 1. Regulation as last amended by Regulation (EEC) No 1946/93 (OJ No L 181, 23. 7. 1993, p. 11).
EXHIBIT 99.2
                                                                ------------

                       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-QSB  for the
three-month  period  ended  March 31,  2003 of inCall  Systems,  Inc.,  a Nevada
corporation  (the  "Company"),   as  filed  with  the  Securities  and  Exchange
Commission  on the date  hereof  (the  "Quarterly  Report"),  I,  Marc  Crimeni,
Chairman  and Chief  Executive  Officer of the Company  certify,  pursuant to 18
U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

         1. The Quarterly Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities and Exchange Act of 1934, as amended; and

         2. The information  contained in this Quarterly Report fairly presents,
in all material  respects,  the financial  condition and results of operation of
the Company.


                                 /s/ Marc Crimeni
                                 --------------------------
                                 Marc Crimeni, Chairman and
                                 Chief Executive Officer
                                 June 16, 2003
<PAGE>


                                                                Exhibit 99.2



              Certification Pursuant to Section 1350 of Chapter 63
                      of Title 18 of the United States Code


         I, Robert W. Hill, Vice President, Finance of InterDent, Inc., certify
that (i) the Form 10-Q for the period ended September 30, 2002 fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and (ii) the information contained in the Form 10-Q for the period ended
September 30, 2002 fairly presents, in all material respects, the financial
condition and results of operations of InterDent, Inc.




                                                     \s\ ROBERT W. HILL
                                                     ------------------------
                                                     Robert W. Hill
                                                     Vice President, Finance
#### CAMPBELL et v. MARTIN et.

Ohio Appeals, 4th Dist., Athens Co.

Decided Nov. 14, 1928.

Emmitt Keenan, Athens, for Campbell.

Woolley & Rowland, Athens, for Martin, et.

THOMAS, J.

If this were an action brought by the bank there would perhaps be little difficulty because the bank accepted the note in the form presented, but we are confronted here with a different situation. The record discloses that all the parties involved and other stockholders met in Nelsonville to devise ways and means of financing the oil enterprise after the capital of the company had been exhausted. It was finally decided to make a loan from the bank and as the assets of the company had been exhausted, except some machinery, all the parties well knew that the bank would require individual indorsements. The evidence is conflicting as to the understanding of the parties with reference to the signing, or the promise of Martin to sign the note. He testifies that he did not sign and did not promise to sign the note individually, while others testifiy to the contrary. The testimony of the latter is corroborated by circumstances. Martin was actively interested in the enterprise and perhaps had more to do with the organization of the company and the management of its affairs than any of the other sureties. He was fully aware of the financial condition of the company and of the necessity for obtaining the loan, and he gave his personal attention to the execution of the note. He may possibly not have signed the note in the presence of the other indorsers. The evidence on this point is of little weight, because there was no occasion for scrutinizing the instrument and it is not usual to do so, and a long tme had elapsed when the witnesses testified. However, the record further shows that Martin paid his part of the interest on the note from time to time, that he looked after the foreclosure of the mortgage given to secure the note and that he advanced money to secure the costs of the proceeding. If he were interested in realizing on the mortgage then he could not have been acting for the company which was the mortgagor.

Our conclusion is that it was the understanding at least that Martin was to share the personal liability on the note, that the idea of signing the same as “Pres. Martin”, was an afterthought. For the purposes of' this case the word “Pres.” may be considered as surplusage and as between the parties to this suit of no effect. It is questionable whether he could have interposed this defense had the bank brought an action on the note. The term “Pres.” was only descriptive and for the purpose of identifying the signer and the same as though one should sign as Dr. so and so, or Judge so and so.

Our conclusion is that no reformation would be necesary ¡as the evidence shows that he contracted to sign and did sign the note as an individual.

Middleton, P. J.., and Mauck, J., concur.
#### PRENDERGAST v. GINSBURG, et.

Ohio Supreme Court.

No. 21078.

Decided Dec. 5, 1928

ALLEN, J.

TRIAL.

(590 V2d). Judgment should not be rendered on special findings of fact as against the general verdict unless such special findings, when considered together, are inconsistent and irreconcilable with the general verdict.

(590 Jf). When the trial court enters judgment for the plaintiff upon verdict of a jury, and later upon motion for judgment notwithstanding the verdict, grants such motion and enters judgment for the defendants in considering whether the facts specially found are irreconcilable with the general verdict, the reviewing court should not inquire into the evidence adduced at the trial.

ERROR PROCEEDINGS.

(260A) When error is prosecuted in the Court of Appeals, and when ■ one of the errors assigned is that the court erred in granting the motion filed by defendants below for judgment notwithstanding the verdict, and an additional error assigned is that the judgment is contrary to the law and to the evidence, and the Court of Appeals, upon consideration of all the assigned errors, enters a general judgment of affirmance, it will be assured that the Court of Appeals in arriving at its decision considered the evidence presented in the. record upon the question whether the judgment below was contrary to the law and to the evidence, and not in connection with the answers to the interrogatories.

• Kindkade, Robinson, Jones and Matthias. J.J., concur. Day J., not participating.
Exhibit 10.17


 


SECOND AMENDMENT TO THE


BIRDS EYE FOODS MASTER SALARIED RETIREMENT PLAN


 


This
amendment is adopted by Birds Eye Foods, Inc., a corporation duly formed
and existing under and by virtue of the general Corporation Law of the State of
Delaware (referred to herein as the “Employer”).


 


WITNESSETH


 


WHEREAS,
the Employer has adopted the Birds Eye Foods Master Salaried Retirement Plan
(the “Plan”) which was amended and restated effective January 1, 2001
pending receipt of a favorable determination letter from the Internal Revenue
Service, and


 


WHEREAS,
the Employer has reserved the right pursuant to the provisions of the Plan to
amend it at any time, and


 


WHEREAS,
the Employer now wishes to amend the Plan,


 


NOW,
THEREFORE, said Plan is hereby amended by adding Section 5.5(g)(5) as
follows:


 


(5) Each
Participant who continues working after his Normal Retirement Date shall be
notified within a reasonable time after his Normal Retirement Date, by first
class mail or personal delivery, that his pension benefits otherwise payable
under the Plan have been suspended; provided, however that pension benefits
required to be paid pursuant to paragraph (2) above shall not be
suspended. Such notification shall describe the reasons for this notice and
include a description of this Plan provision and department of Labor regulation
2530.203-3.


 


IN
WITNESS WHEREOF, this amendment has been executed this 6th day of May 2003.


 


	
   

  	
   

  	
  BIRDS EYE FOODS, INC.

  
	
   

  	
   

  	
  BY: 

  	
  /s/ Lois Warlick-Jarvie

  
	
   

  	
   

  	
   

  
	
  ATTESTED: 

  	
  /s/ Karen A. Babey
J

- A13014

- 16

NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN RE: ESTATE OF EDW ARD L. IRWIN, JR., ALSO KNOWN AS E DWARD L. IRWIN IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF: ROXANNE R OTHBERGER
No. 1125 WDA 2015

Appeal from the Order Entered June 5 , 2015 In the Court of Common Pleas of Allegheny County Orphans’ Court at No: 2003 OF 2013

BEFORE: OLSON, STABILE, and MUSMANNO, JJ. CONCURRING MEMORANDUM BY STABILE, J.: FILED NOVEMBER 15, 2016 I fully join the Majority and write solely to express my view that when a trust “terminates” upon a principal’s death under 20 Pa.C.S.A. § 5603(b)(1), it is a reference to the fact that the purpose of the trust has been fulfilled. This is not the equivalent, however, of saying that a trustee no longer has any duties upon a principal’s death. Administration of a trust must be completed, and that include s all attendant duties necessary to closing out a trust. To be sure, Section 5603(b)(1) is not per se a termination provision. Rather, Section 5603(b) only provides authority for an agent acting under a power of attorney to establish a trust for the benefit of a principal. Section 5603(b)(1) directs how the income and corpus of a trust may be used durin g a principal’s life and provides that, upon a principal’s death, any remainingJ

- A13014

- 16

- 2

-

balance is to be paid to the principal’s estate. While Section 5603(b) authorizes the creation of a trust and Section 5603(b)(1) addresses the disposition of trust assets, bot h are silent as to trust administration. The Uniform Trust Act (“UTA”), however, applies to all express trusts. 20 Pa.C.S.A. § 7702. A trust created under Section 5603(b) is an express trust. The UTA more fully addresses the duties of a trustee during and upon termination of a trust, including the duty to take reasonable steps to enforce or defend claims of a trust and to file an account of his or her administration.
See 20 Pa.C.S.A. §§ 7780.1, 7797. The point being, a principal’s death under Section 5603(b)(1) measures the duration of a trust, but does not eliminate the obligation of a trustee to wind up and complete the administration of a trust. A contrary conclusion, as suggested by the Decedent’s son David

— arguably a judgment debtor of the trust

— would, in a sense, create a rudderless ship unable to find its destination port. Judge Olson joins this concurring memorandum.
**Exhibit 31.1**

 

**Section 302 Certifications for the Signatures**

 

I,Anthony J. Gould Executive Vice President, Chief Financial and Chief AccountingOfficer, certify that:

 

1.I have reviewed this quarterly report on Form 10-Q of Western Sierra Bancorp(the “Registrant”);

 

2.Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this quarterlyreport;

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;

 

4.The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

 

a)designed such disclosure controls and procedures to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;

 

b)evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

c)Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting,  to the registrant’s auditors and the auditcommittee of registrant’s board of directors:

 

a)all significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and report financialinformation; and

 

b)any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 
| Date:  November 10, 2003 |                                   |
|-------------------------------|----------------------------------------|
|                          |                                   |
|                          | /s/ Anthony J. Gould                   |   |
|                          | Chief Financial and Accounting Officer |   |
|                          |                                   |

 

----
#### § 1204.1 Making and maintaining contracts.

It is the duty of all carriers, their officers, agents, and employees to exert every reasonable effort to make and maintain contracts covering rates of pay, rules, and working conditions.
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<FISCAL-YEAR-END>                          SEP-30-1999
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<PERIOD-END>                               DEC-31-1999
<CASH>                                       925,804
<SECURITIES>                               2,112,366
<RECEIVABLES>                                847,754
<ALLOWANCES>                                  98,621
<INVENTORY>                                   23,109
<CURRENT-ASSETS>                           4,361,015
<PP&E>                                     2,774,401
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<CURRENT-LIABILITIES>                      2,122,746
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<INTEREST-EXPENSE>                             2,257
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<INCOME-CONTINUING>                          231,591
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<EPS-BASIC>                                     0.07
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</TABLE>
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue Seattle, WA 981 01 

### March 7, 2002 Reply To Attn Of: WCM-122

Sheila Monroe, Manager Hazardous Waste Policy & Program Development Section. Oregon Department ofEnvironmental Quality, Land Quality Division 811 SW Sixth Avenue Portland, OR 97204-1390 DearMs. Monroe: This letter is to confirm that the EPA.Region 10 Office of Waste and Chemicals received ODEQ's authorization package on February 6,2002. Today, we are pleased to announce that the Office ofWaste and Chemicals Management and the Office ofRegional Counselbelieves the authorization revision application to be complete. We greatly appreciate the cooperation and perseverance ofyou and your staffto reach this milestone. In accordance with the establishedreview procedures, EPA now has 90 days to process andpublish our determination. I want you to know that the processing ofthis major authorization revision application is a high priority for this office. Ifyou have any questions or need further information, please call me at (206) 553-2121. Sincerely,
Lynn Williams, State Coordinator Resource Management & State Programs Unit Office ofWaste & Chemical Management

cc. Gary Calaba Larry Edelman



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###### Department of Agriculture

###### Agricultural Marketing Service 

          - [Docket No. TB-00-15] 

In accordance with the Federal Advisory Committee Act (5 U.S.C. App.) announcement is made of the following committee meeting: 

*Name:*                         Flue-Cured Tobacco Advisory Committee.                     

*Date:*                         June 15, 2000.                     

*Time:*                         9 a.m.                     

*Place:*                         United States Department of Agriculture, (USDA), Agricultural Marketing Service (AMS), Tobacco Programs, Flue-Cured Tobacco Cooperative Stabilization Corporation Building, Room 223, 1306 Annapolis Drive, Raleigh, North Carolina 27608.                     

*Purpose:*                         To establish submarketing areas, discuss selling schedules, recommend opening dates, review the operational policies and procedures, and other related matters for the 2000 flue-cured tobacco marketing season.                     

The meeting is open to the public. Persons, other than members, who wish to address the Committee at the meeting should contact John P. Duncan III, Deputy Administrator, Tobacco Programs, AMS, USDA, AG 0280, Room 502 Annex Building, P.O. Box 96456, Washington, D.C. 20090-6456; (202) 205-0567, prior to the meeting. Written statements may be submitted to the Committee before, at, or after the meeting. If you need any accommodations to participate in the meeting, please contact the Tobacco Programs at (202) 205-0567 by June 7, 2000, and inform us of your needs.

Dated: May 4, 2000. 

John P. Duncan III, 

Deputy Administrator, Tobacco Programs. 

[FR Doc. 00-11837 Filed 5-10-00; 8:45 am] 

BILLING CODE 3410-02-P