alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 779.269 Computations for a new business.

When a new business is commenced the employer will necessarily be unable for a time to determine its annual dollar volume on the basis of a full 12-month period as described above. In many cases it is readily apparent that the enterprise or establishment will or will not have the requisite annual dollar volume specified in the Act. For example, where the new business consists of a large department store, or a supermarket, it may be clear from the outset that the business will meet the annual dollar volume tests so as to be subject to the requirements of the Act. In other cases, where doubt exists, the gross receipts of the new business during the first quarter year in which it has been in operation will be taken as representative of its annual dollar volume, in applying the annual volume tests of sections 3(s) and 13(a)(2), for purposes of determining its obligations under the Act in workweeks falling in the following quarter year period. Similarly, for purposes of determining its obligations under the Act in workweeks falling within ensuing quarter year periods, the gross receipts of the new business for the completed quarter year periods will be taken as representative of its annual dollar volume in applying the annual volume tests of the Act. After the new business has been in operation for a full calendar or fiscal year, the analysis can be made by the method described in paragraph (b) of § 779.266 with use of the grace period described in § 779.268, if necessary.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          82,871
<SECURITIES>                                         0
<RECEIVABLES>                                   44,170
<ALLOWANCES>                                         0
<INVENTORY>                                     43,090
<CURRENT-ASSETS>                               171,182
<PP&E>                                         127,451
<DEPRECIATION>                                  38,803
<TOTAL-ASSETS>                                 276,184
<CURRENT-LIABILITIES>                           53,221
<BONDS>                                         29,050
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,533
<OTHER-SE>                                     115,824
<TOTAL-LIABILITY-AND-EQUITY>                   276,184
<SALES>                                        206,539
<TOTAL-REVENUES>                               206,539
<CGS>                                          143,439
<TOTAL-COSTS>                                  143,439
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 60,645
<INCOME-TAX>                                    23,319
<INCOME-CONTINUING>                             37,326
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    37,326
<EPS-PRIMARY>                                      .82
<EPS-DILUTED>                                      .82
        

</TABLE>
Jas m i n E m issi on Calc u la t i ons 268,73 0 M W

- h rs 292,20 3 M W

- h rs 280,46 7 M W

- h rs 11,30 0 B tu/ kw - hr 13,70 0 B tu/ kw - hr
E m issi on Calc u la t i ons
E m i ss i on F a cto rs Bi tu m i nou s c oa l 93.4 W ood ( A g ) 118.17 W ood (c on s t r u ct i on ) 93.8 Av e r age o f w oo d 106.0 A ss u m e a 50/50 s p li t betw een ag r i c u l tu r a l s ou rc e o fb i o m a ss and othe r s ou rc e s o fb i o m a ss that a r e bu r ned i n the bo il er
0.011 0.0016 0.0011 0.00011
Gr eenhou s e G a s G l oba l W a r m i ng P otent i al CH4

- 2 1 tonne s C O 2 pe rtonne CH4, f r o m 40 C F R 98 T ab l e A -1 N2 O

- 310
A ss u m pt i on: Heat i nput r e m a i n s the s a me
H i s to r i c a l e m i ss i on s ( ba s ed on 100 % c oa l /c o k e a s f ue l)
E s t i m ated heat i nput

- 3,169,27 1 MM B tu/ yr
C O 2

- 296,01 0 m et r i cton s C O2 CH4

- 3 5 m et r i cton s CH4 73 2 m et r i cton s C O 2e N2 O

- 5 m et r i cton s N2O 1,57 2 m et r i cton s C O 2e T O T A L C O 2e e m i ss i ons 298,314 m et r i cton s C O 2e/ year tonne s C O 2 pe rtonne N2 O , f r o m 40 C F R 98 T ab l e A -1 k g C O 2/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -1 k g C O 2/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -1 k g C O 2/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -1

Bi o m a ss Bi tu m i nou s c oal k g CH4/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -2 k g N2 O/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -2 k g CH4/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -2 k g N2 O/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -2 J a s m i n gene r at i on ( 2010) J a s m i n gene r at i on ( 2009) Av e r age gene r at i on A nnua l Heat Rate f o r J a s m i n (c oa l) A nnua l Heat Rate f o r J a s m i n ( b i o m a ss)

k g C O 2/MM B tu, 40 C F R 98, S ubpa rt C, T ab l e C -1F utu r e A ctua l e m i ss i on s ( ba s ed on 100 % b i o m a ss - 50/50 m i xag/othe r)

E s t i m ated heat i nput

- 3,169,27 1 MM B tu/ yr
C O 2

- 335,89 5 m et r i cton s C O2 CH4

- 3 m et r i cton s CH4 7 3 m et r i cton s C O 2e N2 O

- 0. 3 m et r i cton s N2O 10 8 m et r i cton s C O 2e T O T A L C O 2e e m i ss i on s 336,07 7 m et r i cton s C O 2e/ year 

### D i ff e r e n ce 37 , 76 3 m e t r i c t on C O 2e/ yea r 41 , 626 s hort t on s C O 2e/ yea r D i ff e r en c e i s m et r i cton s o fC O 2e f r o m c oa l s ubt r a cted f r o m C O 2e f r o m b i o m a ss

F utu r e A ctua l e m i ss i on s ( ba s ed on 50/50 c oa l /b i o m a ss w i th a 50/50 m i xag/othe r)
E s t i m ated heat i nput

- 3,169,27 1 MM B tu/ yr
C O 2

- 315,95 3 m et r i cton s C O2 CH4

- 1 9 m et r i cton s CH4 40 3 m et r i cton s C O 2e N2 O

- 3 m et r i cton s N2O 84 0 m et r i cton s C O 2e T O T A L C O 2e e m i ss i on s 317,19 5 m et r i cton s C O 2e/ year 

### D i ff e r e n ce 18 , 88 1 m e t r i c t on s C O 2e/ yea r 20 , 813 s hort t on s C O 2e/ yea r D i ff e r en c e i s m et r i cton s o fC O 2e f r o m c oa l s ubt r a cted f r o m C O 2e f r o m 50/50 m ix
§ 458.55 Content of complaint. ( a ) The complaint shall contain appropriate identifying information and a clear and concise statement of the facts constituting the alleged violation.
( b ) The complainant shall submit with his complaint a statement setting forth the procedures, if any, invoked to remedy the alleged violation, including the dates when such procedures were invoked and copies of any written ruling or decision which he has received.
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-15-00099-CR

JAMES FRIEND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court

Bowie County, Texas

Trial Court No. 14F0439-102

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O R D E R

James Friend appeals from his conviction of murder. Friend’s appellate counsel has filed 

a motion to supplement the record on appeal and to stay the briefing deadlines. This motion is 

based on the fact that three motions and one brief presented to the trial court on Friend’s behalf do 

not appear in the clerk’s record: (1) defendant’s motion to limit jury argument, (2) defendant’s 

motion in limine, (3) defendant’s motion to invoke husband-wife confidential communication 

privilege, and (4) brief in support of admission of certain bad acts of the decedent. According to 

Friend, the Bowie County District Clerk’s Office indicated that the subject documents were not 

included in the clerk’s record because they were not filed in that office. Friend complains that, 

without copies of the written motions and brief in the clerk’s record, he is unable to determine 

whether the denial of those motions present points of error for appeal. Ultimately, Friend seeks 

an abatement to the trial court for correction of what he deems an inaccurate clerk’s record.

It is a party’s responsibility to file all motions or other documents he wishes to appear in 

the district clerk’s file. See TEX. R. CIV. P. 21. Documents not filed with the district clerk will 

typically not appear in the clerk’s record. The fact that the missing motions and brief do not appear 

in the district clerk’s record indicates that Friend failed to file them with the district clerk. Here, 

however, the reporter’s record indicates that at least one of the above-listed documents may have 

been filed by the trial court. 

We, therefore, abate this appeal to the trial court pursuant to Rule 34.5(d) of the Texas 

Rules of Appellate Procedure. See TEX. R. APP. P. 34.5(d). The trial court is to conduct a hearing 

and determine whether one or more of the aforementioned documents was filed with the trial court. 
3

Each such document that is found to have been filed by the trial court is to be included in a 

supplemental clerk’s record in accordance with Rule 34.5(c) of the Texas Rules of Appellate 

Procedure. See TEX. R. APP. P. 34.5(c).

The hearing shall be conducted by the trial court within twenty days of the date of this 

order, or on or before November 24, 2015. The trial court’s findings concerning the above matter 

shall be submitted to this Court in the form of a supplemental clerk’s record, together with each 

such document listed above that was filed by the trial court. The supplemental clerk’s and 

reporter’s records of that hearing shall be prepared immediately and shall be received by this Court 

no later than December 4, 2015. No extensions will be granted.

All appellate timetables are stayed and will resume on our receipt of either the 

supplemental clerk’s or reporter’s record.

IT IS SO ORDERED.

BY THE COURT

Date: November 4, 2015
| 1.   | Registration Statement (Form S-8 No. 333-58225) pertaining to the 1993 Stock Option and Incentive Plan, |
|----------------|---------------------------------------------------------------------------------------------------------|

| 2.   | Registration Statement (Form S-8 No. 333-98359) pertaining to the 1998 Stock Option and Incentive Plan and Outside Directors Stock Purchase Plan, |
|----------------|---------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | Registration Statement (Form S-8 No. 333-110268) pertaining to the registration of an aggregate of 804,000 shares of common stock pursuant to certain Non-Qualified Stock Option Agreements for various employees, |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4.   | Registration Statement (Form S-8 No. 333-145957) pertaining to the registration of an aggregate of 450,000 shares of common stock pursuant to certain Non-Qualified Stock Option Agreements for two employees, |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5.   | Registration Statement (Form S-8 No. 333-153103) pertaining to the 2008 Incentive Stock Plan, |
|----------------|-----------------------------------------------------------------------------------------------|

| 6.   | Registration Statement (Form S-3 No. 33-69800) pertaining to the registration of an aggregate of 645,000 shares of common stock issued or issuable under certain warrants and non-qualified stock options, and |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 7.   | Registration Statement (Form S-3 No 333-161935), of LSB Industries, Inc. and in the related Prospectuses for the registration of common stock, preferred stock, debt securities, warrants, units or any combination of the foregoing |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### §§ 4907.161-4907.169 [Reserved]
EX-4.30



 Exhibit 4.30 

Exclusive Services Agreement 
 This
Exclusive Services Agreement (this “Agreement”) is concluded in Beijing on July 1, 2014 by and between: 
 Party A: Abitcool (China)
Broadband Inc. 
 Registered address: 3/F, Economic Trade Building, No. 2 Zhongxing Road South, Hongmei Town, Dongguan 

Party B: aBitcool Small Micro Network Technology (BJ) Co., Ltd. 

Registered address: Rooms 1501-227, 15/F, Building 1, Yard A8, Guanghua Road, Chaoyang District, Beijing 

Upon equal and voluntary negotiation, both Parties reach a consensus on the provision of Internet technical services and management consulting services under
the Exclusive Technical Consulting and Service Agreement entered into by and between Party A and Party B on July 1, 2014, and hereby agree as follows: 

1. During the term of this Agreement, Party A shall provide Party B with, and Party B agrees to receive from Party A, the management consulting and Internet
technical services. 
 2. During the term of this Agreement, without the prior consent of Party A, Party B shall not seek any entity or individual other
than Party A to provide management consulting and Internet technologies or such other similar services. 
 3. Service fees shall be calculated and paid as
per RMB1,000/hour, which may be adjusted by Party A at any time at its sole discretion and decision. Service fees shall be paid on a monthly basis. Every month, Party B shall pay the Service Fees within 5 days after examining and verifying the
invoice issued and provided by Party A. 
 4. All intellectual property rights generated in Party A providing services hereunder shall belong to Party A;
provided, however, that if compulsory legal provisions have provided otherwise, such compulsory legal provisions shall apply with respect to the determination of the ownership of the intellectual property rights. 

5. The Parties shall each ensure that they have all rights, qualifications and capacity necessary for negotiation, execution and performance of this
Agreement. 
 6. The Parties shall each keep confidential the confidential information obtained from the other signing party in the process of negotiation,
execution and performance of this Agreement. 
 7. This Agreement shall terminate when a new agreement has been entered into between the Parties in
connection with service matters set out hereunder. 
 8. This Agreement shall be executed in two counterparts, with each party holding one copy. 

Party A: /s/ Abitcool (China) Broadband Inc. 
 Party B: /s/
aBitcool Small Micro Network Technology (BJ) Co., Ltd.
<PAGE>


                                                                  Exhibit 32.1

                 CERTIFICATE OF THE PRINCIPAL EXECUTIVE OFFICER
                      OF DIOMED HOLDINGS, INC. (REGISTRANT)
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, James A. Wylie, Jr., Chief Executive Officer of the Registrant,  certify
to the best of my knowledge and belief pursuant to Section 906 of Sarbanes-Oxley
Act of 2002 (18 U.S.C. Section 1350) that:

(1)               The Quarterly Report on Form 10-QSB for the period ended June
                  30, 2003, which this statement accompanies, 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 Quarterly Report on Form
                  10-QSB fairly presents, in all material respects, the
                  financial condition and result of operations of the
                  Registrant.


Date:  August 14, 2003                           /s/ JAMES A. WYLIE, JR.
                                                 ---------------------------
                                                 James A. Wylie, Jr.
                                                 Chief Executive Officer
                                                 (Principal Executive Officer)




                                       18

<PAGE>
# ACTION:

 Notice.

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

*Title, Associated Form, and OMB Number:*                     Army ROTC Referral Information; ROTC CDT CMD Form 155-R; OMB Number 0702-[To Be Determined].                

*Type of Request:*                     New Collection.                

*Number of Respondents:*                     16,300.                

*Responses per Respondent:*                     1.                

*Annual Responses:*                     16,300.                

*Average Burden per response:*                     15 minutes.                

*Annual Burden Hours:*                     4,075.                

*Needs and Uses:*                     The Army ROTC Program produces approximately 75 percent of the newly commissioned officers for the U.S. Army. Army ROTC must have the ability to attract quality men and women who will pursue college degrees. Currently, there are 13 Recruiting Teams (Goldminers) located in various places across the United States aiding in this effort. Their mission is to refer quality high school students to college and universities offering Army ROTC. Goldminers, two officer personnel, will collect ROTC referral information at a high school campus and document it on ROTC Cadet Command Form 155-R. The purpose of the information is to provide prospect referral data to a Professor of Military Science to contact individuals who have expressed an interest in Army ROTC.                

*Affected Public:*                     Individual or households.                

*Frequency:*                     On occasion.                

*Respondent's Obligation:*                     Voluntary.                

*OMB Desk Officer:*                     Mr. Edward C. Springer.                

Written comments and recommendations on the proposed information collection should be sent to Mr. Springer at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503.

*DOD Clearance Officer:*                     Mr. Robert Cushing.                

Written requests for copies of the information collection proposal should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302.

Start Printed Page 3210
Dated: January 12, 2000. 

Patrica L. Toppings, 

Alternate OSD Federal Register Laison Officer, Department of Defense.

[FR Doc. 00-1306 Filed 1-19-00; 8:45 am]

BILLING CODE 5001-10-M
**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 of Bear Lake Recreation, Inc. (the “Registrant”) on Form 10-Q for the quarter ending March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Quarterly Report”), we, Wayne Bassham, Principal Executive Officer, and Todd Albiston, Principal Financial Officer, of the Registrant, 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 Exchange Act of 1934; and 

 

(2) The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant. 

 

 

| *Date:*** | *05/06/09*** | * * | *By:***  | */s/Wayne Bassham***           |
|-----------|--------------|----------|----------|--------------------------------|
| * *  | * *     | * * | * * | *Wayne Bassham***              |
| * *  | * *     | * * | * * | *President and Director***     |
| * *  | * *     | * * | * * | *Bear Lake Recreation, Inc.*** |
| * *  | * *     | * * | * * | * *                       |
| *Date:*** | *02/04/09*** | * * | *By:***  | */s/Todd Albiston***           |
| * *  | * *     | * * | * * | *Todd Albiston***              |
| * *  | * *     | * * | * * | *Secretary and Director***     |
| * *  | * *     | * * | * * | *Bear Lake Recreation, Inc.*** |
---

EXHIBIT 32.1

|CERTIFICATION PURSUANT TO                     
|----------------------------------------------
|18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
|SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

The undersigned, Robert Kinloch, Chief Executive Officer and
Chief Financial Officer of Maverick Minerals Corporation (the Company), hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Quarterly Report on Form 10-Q of the Company for the
quarterly period ended June 30, 2008 (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.

Dated: August 14, 2008

|/s/ Robert
      Kinloch                            | 
|--------------------------------------------------- | 
|Robert Kinloch                                      | 
|Chief Executive Officer and Chief Financial Officer | 

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

---