alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2

                     AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT


     AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT made as of the 8th day of
November, 2001 by and between AEROFLEX INCORPORATED, a Delaware corporation
(hereinafter the "Company") and MICHAEL GORIN (hereinafter the "Executive").

                              W I T N E S S E T H:

     WHEREAS, the Company and Executive entered into an Employment Agreement
dated March 1, 1999, as amended subsequently by Amendment Agreements dated
September 1, 1999 and August 13, 2001(hereinafter the "Employment Agreement");
and

     WHEREAS, the Company and Executive desire to further modify the said
Employment Agreement.

     NOW, THEREFORE, the parties hereto agree as follows:

               1.   Paragraph 2(b) shall be amended and restated as follows,
          effective as of the date hereof:

                    "(b)  Employment Term.  The Employment Term shall commence
                on the Effective Date and shall terminate on June 30, 2007."

               2.   Except as specifically provided in this Amendment, the
          Employment Agreement is in all other respects hereby ratified and
          confirmed without amendment.

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


                                        AEROFLEX INCORPORATED

                                        By: /s/ Leonard Borow
                                            Leonard Borow
                                            Executive Vice President

                                           /s/ Michael Gorin
                                           Michael Gorin
<PAGE>

                                                                      EXHIBIT 99

                            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 annual report of TMSF Holdings, Inc. (the "Company")
on Form 10-KSB for the year ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the dates indicated below, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:

    (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.


/s/ Raymond Eshaghian
---------------------------------
Raymond Eshaghian
Chief Executive Officer
(Principal Executive Officer)
March 31, 2003


/s/  Masoud Najand
---------------------------------
Masoud Najand
Chief Financial Officer
(Principal Financial and Accounting Officer)
March 31, 2003



A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY THE 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.
# AGENCY:

 Small Business Administration.

# ACTION:

 Notice of Reporting Requirements Submitted for OMB Review.

# SUMMARY:

                         Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the                         **Federal Register**                         notifying the public that the agency has made such a submission.                    

# DATES:

 Submit comments on or before March 21, 2000. If you intend to comment but cannot prepare comments promptly, please advise the OMB Reviewer and the Agency Clearance Officer before the deadline.

*Copies:*                         Request for clearance (OMB 83-1), supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer.                    

# ADDRESSES:

 Address all comments concerning this notice to: Agency Clearance Officer, Jacqueline White, Small Business Administration, 409 3rd Street, S.W., 5th Floor, Washington, D.C. 20416; and OMB Reviewer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, D.C. 20503.

# FOR FURTHER INFORMATION CONTACT:

 Jacqueline White, Agency Clearance Officer, (202) 205-7044.

# SUPPLEMENTARY INFORMATION:

*Title:*                     Disaster Declaration Governor's.                

*Form No:*                     N/A.                

*Frequency:*                     On Occasion.                

*Description of Respondents:*                     States requesting a Presidential Disaster Declaration.                

*Annual Responses:*                     57.                

*Annual Burden:*                     1,140.                

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 00-1437 Filed 1-20-00; 8:45 am]

BILLING CODE 8025-01-U
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7629
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KENNETH EUGENE MCDANIEL, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CR-94-111; CA-00-90-3-MU) Submitted: February 19, 2004 De cided: February 25, 2004 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Kenneth Eugene McDaniel, Appellant Pro Se. Robert James Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Kenneth Eugene McDaniel appeals the district court’s order denying his motion to reconsider a prior order denying his motion for specific performance of a plea agreement. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. McDaniel , Nos. CR-94-111; CA-00-90-3-MU (W.D.N.C. Sept. 16, 2003). 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.

AFFIRMED
Exhibit 31.1

                                  CERTIFICATION
                OF THE PRINCIPAL EXECUTIVE AND FINANCIAL OFFICER

 PURSUANT TO 15 U.S.C. 78m(a) or 78o(d) (SECTION 302 OF THE SARBANES-OXLEY ACT)

I, Levi Mochkin, certify that:

1. I have reviewed this Annual Report on Form 10-KSB of Avenue Group, Inc.;

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 Avenue Group,
Inc. as of, and for the periods presented in this report.

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)), for
Avenue Group, Inc. 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 Avenue Group, Inc., including its consolidated
subsidiary, is made known to us by others within the entity, particularly during
the period in which this report is being prepared;

b) Evaluated the effectiveness of Avenue Group, Inc.'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 changes in Avenue Group Inc.'s internal control
over financial reporting that occurred during Avenue Group Inc.'s fourth fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, Avenue Group, Inc.'s internal control over financial reporting: and

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to Avenue Group, Inc.'s auditors and the audit committee of
Avenue Group, Inc.'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 Avenue Group, Inc.'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 Avenue Group, Inc.'s internal control
over financial reporting.

 April 16, 2007

/s/ Levi Mochkin
-------------------------------------
Levi Mochkin
Chief Executive Officer, President and Chief Financial Officer
(Principal Executive and Financial Officer)
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





I, Leonard Borow, President and Chief
Executive Officer of Aeroflex Incorporated, hereby certify that the Form 10-Q of
Aeroflex Incorporated for the period ended December 31, 2008 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934 and the information contained in such report fairly presents, in all
material respects, the financial condition and results of operations of Aeroflex
Incorporated.





/s/ Leonard
      BorowName:  Leonard
      BorowDate:  February
      17, 2009





A signed
original of this written statement required by Section 906 has been provided to
Aeroflex Incorporated and will be retained by Aeroflex Incorporated and
furnished to the Securities and Exchange Commission or its staff upon
request.
Exhibit 31(b)CERTIFICATION BY CHIEF FINANCIAL OFFICERI, Mark J. Thomas, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Servidyne, Inc.;  2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining 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 suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by other within those entities, particularlyduring the period in which this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  c. Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to material affect,the registrant’s internal control over financial reporting; 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a. All significant deficiencies and material weakness in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b. Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.     Date: September 14, 2006 /s/ Mark J. Thomas         Mark J. Thomas    Chief Financial Officer
##### 



Exhibit 32.1
 CERTIFICATION
Pursuant to Section 906 of the Sarbanes Oxley Act of 2002
   1.
    
    the Report fully complies with the requirements of Section 13(a) or 15 (d)
of the Exchange Act; and2.
    
    the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of Santander BanCorp.
 Date: March 17, 2008
    By:
    /s/ José Ramón GonzálezPresident and Chief Executive Officer Date: March 17, 2008
    By:
    /s/ Carlos M. GarcíaSenior Executive Vice President andChief Operating Officer Date: March 17, 2008
    By:
    /s/ María CaleroExecutive Vice President andChief Accounting Officer
Portsmouth District Court

No. 7524

#### Larry A. Blethen v. Edward H. Lawrence

December 30, 1976

*841
      *Shaines, Madrigan & McEachem*and *Sanford Roberts,*by brief, for the plaintiff.

Edward H. Lawrence, pro se, by brief.

Per curiam.

This is an action to recover a $1,000 down payment made by the plaintiff to the defendant pursuant to a purchase and sale agreement relating to real estate in Portsmouth. The plaintiff claims the agreement was never consummated and under its terms he is entitled to a return of his deposit.

The Presiding Justice, *Wyman P. Boynton,*rendered a verdict for the plaintiff for $1,000. The court found that an offer made by the plaintiff to the owners was allegedly signed by them but their acceptance was not communicated to the plaintiff by the defendant broker. The transaction having failed to take place because of this failure on the part of the defendant, the plaintiff was awarded the return of his deposit.

The case was transferred under RSA 502-A: 17-a (Supp. 1975). There is no transcript of the evidence. Therefore, no question of the sufficiency of the evidence to sustain the verdict is before us, and we are limited to a consideration of whether any errors of law appear in the record. *Saykaly v. Manchester,*97 N.H. 4, 79 A.2d 625 (1951); *Thayer v. State Tax Comm’n,*113 N.H. 113, 302 A.2d 824 (1973). We have not considered material which the defendant has included in his brief, but which is not in the record.

The plaintiff denied that he ever received any “signed” copy of the acceptance of his offer, and the court ruled that the burden was on the defendant to produce evidence that such a copy was received. J. Calamari and J. Perillo, Contracts §§ 30, 35 (1970). The issue is whether it is sustainable. It is well established that while the ultimate burden of proof never shifts, the burden of going forward may do so. *Monroe Loan Society v. Nute,*88 N.H. 13, 183 A. 703 (1936); *Gove v. Crosby,*100 N.H. 380, 128 A.2d 205 (1956). In the circumstances here, it appears that the court acted properly and that there was no error of law.

The order is

*Judgment on the verdict.*
<PAGE>
                                                                 Exhibit 32(b)


                TXU ELECTRIC DELIVERY TRANSITION BOND COMPANY LLC
                       Certificate Pursuant to Section 906
                         of Sarbanes - Oxley Act of 2002
                              CERTIFICATION OF CFO


         The undersigned, H. Dan Farell, Senior Vice President and Principal
     Financial Officer of TXU Electric Delivery Transition Bond Company LLC (the
     "Company"), DOES HEREBY CERTIFY that:

1.       The Company's Annual Report on Form 10-K for the year ended December
         31, 2004 (the "Report") fully complies with the requirements of section
         13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2.       Information contained in the Report fairly presents, in all material
         respects, the financial condition and results of operation of the
         Company.

         IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed this 29th day of March, 2005.



                                        /s/   H. Dan Farell
                                      -----------------------------------------
                                      Name:    H. Dan Farell
                                      Title: Senior Vice President
                                             and Principal Financial Officer







A signed original of this written statement required by Section 906 has been
provided to TXU Electric Delivery Transition Bond Company LLC and will be
retained by TXU Electric Delivery Transition Bond Company LLC and furnished to
the Securities and Exchange Commission or its staff upon request.
#### § 25.303 Procedure.

A claim shall be presented and processed in accordance with 28 CFR Part 14. Should there be a conflict between the provisions of 33 CFR Part 25, Subpart A and the Department of Justice regulations in 28 CFR Part 14, the Department of Justice regulations govern.
#### § 20.1203 Commencement of expedited hearings.

Upon receipt of a complaint with a copy of the notice of temporary suspension and the affidavit supporting the complaint, the Chief ALJ will immediately assign an ALJ and designate the case for expedited hearing.
ex10-21.htm


Exhibit 10.21


 


AMENDMENT TO CONSULTING AGREEMENT







This Agreement is made this 8th day of December, 2010 between EcoReady Corporation, formerly CentraCan Incorporated, a Florida Corporation (“CentraCan”) and Michael Caridi, a resident of the State of Connecticut (“Caridi”).







WHEREAS, CentraCan and Caridi entered into a Consulting Agreement dated June 1, 2010 (the “Consulting Agreement”) under which Caridi agreed to perform certain defined services for CentraCan and CentraCan agreed to compensate Caridi for those services; and







WHEREAS, CentraCan and Caridi have agreed to and desire to terminate the Consulting Agreement, effective December 1, 2010; and







WHEREAS, the parties to the Consulting Agreement may amend the Consulting Agreement in writing signed by both parties pursuant to Paragraph  16 thereof;







NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are expressly acknowledged and agreed to by CentraCan and Caridi, the parties agree as follows:








	
1.      

	
Centracan will issue Caridi 300,000 shares of EcoReady common stock








	
2.      

	
Paragraph 5 of the Consulting Agreement is amended to read as follows:












5.      Term and Termination. The term of this Agreement shall be six (6) months from the date of execution. This Agreement may not be assigned by a party without the consent of the other party.








	
3.     

	
All amounts payable under the Consulting Agreement, as amended, which have not been paid shall be cancelled and no longer payable.













	
4.     

	
Except as amended hereby, the terms and conditions of the Consulting Agreement shall not be changed or amended.












WHEREFORE, the parties have duly executed this Agreement intending to be fully bound thereby on the date first above written.


 




	
EcoReady Corporation

	 	 	 	 
	 	 	 	 	 	 
	By:	
/s/ Boris Rubizhevsky

	 	 	 	 
	 	
Boris Rubizhevsky,

	 	 	
 

	 
	 	
President and CEO

	 	 	
 

	 
	 	 	 	 	 	 
	/s/ Michael Caridi	 	 	 	 
	
Michael Caridi
§ 187.312 Action required on creation of certificate of title. ( a ) On creation of a written certificate of title, the office must promptly send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the files of the office. On creation of an electronic certificate of title, the office must promptly send a record evidencing the certificate to the owner of record and, if there is one, to the secured party of record, at the address indicated for that person in the files of the office. The office may send the record to the person's mailing address or, if indicated in the files of the office, an electronic address.
( b ) If the office creates a written certificate of title, any electronic certificate of title for the vessel is canceled and replaced by the written certificate. The office must maintain in the files of the office the date and time of cancellation.
( c ) Before the office creates an electronic certificate of title, any written certificate for the vessel must be surrendered to the office. If the office creates an electronic certificate, the office must destroy or otherwise cancel the written certificate for the vessel that has been surrendered to the office and maintain in the files of the office the date and time of destruction or other cancellation. If a written certificate being canceled is not destroyed, the office must indicate on the face of the certificate that it has been canceled.
#### § 162.200 Marina del Rey, Calif.; restricted area.

(a) *The area.* That portion of the Pacific Ocean lying shoreward of the offshore breakwater and the most seaward 1,000 feet of the entrance channel between the north and south jetties, and basically outlined as follows:

| Station | Latitude North | Longitude West |
| --- | --- | --- |
| A | 33°57′46.0′′ | 118°27′39.5′′ |
| B | 33°57′52.3′′ | 118°27′43.6′′ |
| C | 33°57′48.6′′ | 118°27′48.8′′ |
| D | 33°57′29.8′′ | 118°27′34.7′′ |
| E | 33°57′30.9′′ | 118°27′29.1′′ |
| F | 33°57′37.4′′ | 118°27′33.8′′ |
| G | 33°57′42.4′′ | 118°27′23.0′′ |
| H | 33°57′50.6′′ | 118°27′28.3′′ |

(b) *The regulations.*

(1) Vessels shall not anchor within the area at any time without permission except in an emergency.

(2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 73 FR 35016, June 19, 2008]

Note:

The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
§ 173.51 Applicability. ( a ) This subpart applies to each vessel operated on waters subject to the jurisdiction of the United States and on the high seas beyond the territorial seas for vessels owned in the United States that: ( 1 ) Is operated by its operator for recreational purposes; or
( 2 ) Is required to be numbered under this part.
( b ) This subpart does not apply to a vessel subject to inspection under Title 46 U.S.C. Chapter 33.
[CDG 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by CDG 84-099, 52 FR 47533, Dec. 14, 1987; USCG-2003-14963, 77 FR 18700, Mar. 28, 2012]