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

---

Exhibit 13.(a).1

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 Partner Communications Company Ltd. (the Company)
on Form 20-F for the period ending December 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned hereby
certify that to the best of our 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.

|Date: April 27, 2009 |  | By: /s/ David Avner
David AvnerChief Executive Officer
|-------------------- |  | --------------------------------------------------------------------

|Date: April 27, 2009 |  | By: /s/ Emanuel Avner
Emanuel AvnerChief Financial Officer
|-------------------- |  | ------------------------------------------------------------------------



---

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|   | (1) | The      Registrant’s Annual Report on Form 10-K of the Registrant for the period      ended December 31, 2007 (the “Report”), to which this statement is filed      as an exhibit, fully complies with the requirements of Section 13(a) or      15(d) of the Securities Exchange Act of 1934, as amended;    and |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Registrant. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
IN THE SUPREME COURT OF THE STATE OF DELAWARE

CITY OF HIALEAH EMPLOYEES’ 

RETIREMENT SYSTEM, Derivatively on 

Behalf of Nominal Defendants nCINO, INC. 

(f/k/a Penny HoldCo, Inc.) and nCINO OpCo, 

Inc. (f/k/a nCino, Inc.),

Plaintiff-Below, Appellant,

v.

INSIGHT VENTURE PARTNERS, LLC,

INSIGHT HOLDINGS GROUP, LLC, 

JEFFREY L. HORING, PIERRE NAUDÉ, 

SPENCER G. LAKE, STEVEN A. 

COLLINS, JON DOYLE, PAM KILDAY, 

WILLIAM RUH, and GREG ORENSTEIN,

Defendants-Below, Appellees,

and

nCINO, INC. (f/k/a Penny HoldCo, Inc.) and 

nCINO OpCo, Inc. (f/k/a nCino, Inc.),

Nominal Defendants-Below, Appellees.

§

§ 

§

§

§

§

§

§ No. 30, 2024

§ 

§ Court Below–Court of

§ Chancery of the State of

§ Delaware

§ 

§ C.A. No. 2022-0846

§ 

§ 

§

§

§

§

§

§

§

§

§ 

Submitted: September 4, 2024

Decided: September 12, 2024

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, and 

GRIFFITHS, Justices, constituting the Court en Banc.

ORDER

After consideration of the parties’ briefs and the record on appeal, and 

following oral argument, we find it evident that the judgment of the Court of 
2

Chancery should be affirmed on the basis of and for the reasons stated in the 

Memorandum Opinion dated December 28, 2023, and the Orders granting the 

Insight defendants’ and nCINO defendants’ motions to dismiss dated December 29, 

2023.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of 

Chancery is AFFIRMED.

BY THE COURT:

/s/ N. Christopher Griffiths

Justice
[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Notices]
[Page 11849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4674]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 030807A]


Endangered Species; File No. 1486

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of permit modification.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that Harold M. Brundage, Environmental 
Research and Consulting, Inc., has been issued a modification to 
scientific research Permit No. 1486.

ADDRESSES: The modification and related documents are available for 
review upon written request or by appointment in the following offices:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)427-2521; and
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-
2298; phone (978)281-9300; fax (978)281-9394.

FOR FURTHER INFORMATION CONTACT: Brandy Hutnak or Malcolm Mohead, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: On January 16, 2007, notice was published in 
the Federal Register (72 FR 1707) that a modification of Permit No. 
1486, issued December 22, 2004 (69 FR 30287), had been requested by the 
above-named individual. The requested modification has been granted 
under the authority of the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, 
importing, and exporting of endangered and threatened species (50 CFR 
222-226).
    The modification authorizes Mr. Brundage to take 1,000 shortnose 
sturgeon (Acipenser brevirostrum) early life stages (eggs and larvae) 
from the Delaware River System. Eggs will be collected using artificial 
substrates and larvae will be captured by passive ichthyoplankton nets, 
an epibenthic sled, and pump sampling. This research will help document 
spawning occurrence and location, as well as identify possible critical 
habitat or critical areas for shortnose sturgeon spawning and nursery.
    Issuance of this modification, as required by the ESA was based on 
a finding that such permit (1) was applied for in good faith, (2) will 
not operate to the disadvantage of such endangered or threatened 
species, and (3) is consistent with the purposes and policies set forth 
in section 2 of the ESA.

    Dated: March 8, 2007.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-4674 Filed 3-13-07; 8:45 am]
BILLING CODE 3510-22-S
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

SPIRIT AIRLINES, INC., a Florida Corporation,

Appellant,

v.

ROLLS-ROYCE CORPORATION, a foreign profit corporation; ROLLSROYCE NORTH AMERICA, INC., a foreign profit corporation; ROLLSROYCE, PLC; a foreign profit corporation; IAE INTERNATIONAL AERO 

ENGINES AG, a foreign profit entity; and PRATT & WHITNEY, a division 

of UNITED TECHNOLOGIES CORPORATION; a foreign profit

corporation,

Appellees.

No. 4D17-3265

[August 2, 2018]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Michael L. Gates, Judge; L.T. Case No. 16-12458 CACE 

(12).

Juan R. Serrano and Eric D. Griffin, Jr. of Griffin & Serrano, P.A., 

Fort Lauderdale, for appellant.

Thomas E. Scott, Scott A. Cole and Warren H. Chin of Cole, Scott & 

Kissane, P.A., Miami, for appellees.

PER CURIAM.

Affirmed.

GERBER, C.J., MAY and CIKLIN, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
HYATON ORGANICS INC.



September 15, 2001

Mr. Garry Lavold
Via facsimile:  949-722-8716

Dear Garry:

RE:  Services Agreement

This letter sets out the general terms and conditions of our agreement respecting the services to be provided by Garry Lavold ("Lavold") on behalf of Hyaton Organics Inc. ("Hyaton").

1.	Hyaton to retain the services of Lavold to act as its engineering consultant and strategic planner to assist the Company in the definition and development of commercial products and production facilities, in the preparation of budgets and financial models, and in the management of technical staff within the Company's subsidiary companies under the following general terms:

a)	This agreement shall be effective commencing September 15, 2001 for a term of 3 years, thereafter to be extended on terms to be defined by mutual agreement.  Either party may request termination with 60 days notice and mutual agreement.

b)	Lavold shall assume the title of Sr. Vice President, Engineering and Development and shall be offered a position on the Board of Directors of Hyaton and for the US based subsidiaries the position of President of Sunspring and President of RECO.

c)	Lavold shall be paid a monthly fee equal to the sum of US$10,000.00 per month for the first 12 months.  Thereafter the monthly fee will be defined by mutual agreement.  During the initial term of 4 months Lavold will be paid a minimum of $6,000 per month with the balance deferred until Hyaton arranges finance.  Fee to be reviewed in six months based on work load and finances.

d)	Hyaton agrees that it will provide Lavold with 100,000 free trading Common Shares of Hyaton where such shares will be registered within 5 months of the date of this agreement, and that it will reserve 150,000 incentive share purchase options at a purchase prince of $US1.00 per share which will vest within 6 months of the signing of this agreement and be exercisable for up to five years.

e)	Hyaton agrees to pay all reasonable personal expenses incurred in the course of business on behalf of Hyaton, as pre-approved by the management of Hyaton.  Payments to be made within 10 days of expense request submission.

f)	The parties agree to enter into a formal agreement respecting this transaction, which formal agreement will contain all representations, warranties and conditions normally included in formal agreements respecting transactions of this nature and all parties will be responsible for their own costs, including legal costs associated with this transaction.  The formal agreement will contain a formula for profit sharing and/or other suitable bonuses payable from net cash flow of the Company.

If these terms are acceptable, please indicate your agreement by signing below.  Upon receipt of the executed agreement, we will ask our lawyers to prepare a formal agreement to be completed within 60 days.

We look forward to a long and rewarding relationship.

Yours truly,

By:  /s/L. Andrew Schwab
President

AGREED AND ACCEPTED:

/s/ Garry Lavold

Sept. 26, 2001
Exhibit 23.1

Independent Auditors' Report on Schedule

The
Board of Directors
Witness Systems, Inc.:

Under
date of January 24, 2003, except as to Note 11 to the consolidated financial statements, which is as of February 28, 2003, we reported on the consolidated
balance sheets of Witness Systems, Inc. and subsidiaries as of December 31, 2002 and 2001, and the related consolidated statements of operations, stockholders' equity, and cash flows for
each of the years in the three-year period ended December 31, 2002, as contained in the annual report on Form 10-K for the year ended December 31, 2002. In
connection with our audits of the aforementioned consolidated financial statements, we also audited the related consolidated financial statement schedule as listed in the index under Item 15(a)2 in
this Annual Report on Form 10-K. This financial statement schedule is the responsibility of the Company's management. Our responsibility is to express an opinion on this financial
statement schedule based on our audits.

In
our opinion, such financial statement schedule, when considered in relation to the basic consolidated financial statements taken as a whole, present fairly, in all material respects,
the information set forth therein.

Atlanta,
Georgia
January 24, 2003
    except as to Note 11 to
    the consolidated financial
    statements, which is as of
    February 28, 2003

| |  |  | /s/KPMG LLPKPMG LLP
| |  |  | -------------------

---

QuickLinks
No. 47904.

#### Petition 6282-R of Smoker’s Export Co. (New York).

Opinion by

Oliver, P. J.

From an examination of the record in this case and the testimony of the proprietor of the petitioning company the court was satisfied there was no intention to defraud the revenue of the United States or to-concea^ or misrepresent the facts. The petition’was therefore granted.
#### The People of the State of New York, Respondent, v Deveron Laing, Appellant.

[634 NYS2d 512]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Dunne, J.), rendered August 9, 1994, convicting him of criminal possession of a weapon in the second degree, criminal trespass in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that the hearing court erred by denying suppression of the showup identifications that were made by two witnesses near the scene of the crime. While simultaneous showup procedures are generally disfavored *(see, People v Adams,*53 NY2d 241), they are permissible when, as in this case, they are employed in close spatial and temporal proximity to the commission of the crime for the purpose of securing a prompt and reliable identification *(see, People v Love,*57 NY2d 1023; *People v Burns,*133 AD2d 642). Moreover, the trial court properly precluded the defendant from cross-examining two police officers as to his alleged exculpatory statement made after his arrest when the People did not offer the defendant’s statement into evidence *(see, People v Dlugash,*41 NY2d 725; *People v Oliphant,*201 AD2d 590). Mangano, P. J., Balletta, Copertino and Hart, JJ., concur.
Exhibit 10.13
**Amendment #1**
     This First Amendment (the “Amendment”) to the Supply Agreement ( the “SupplyAgreement”) dated as of June 2, 2003 to be effective August 1, 2003 between Voestalpine TubularsGmbH & Co KG and Grant Prideco, Inc. is entered on this 30th day of November 2003 to be madeeffective the 1st day of October, 2003 (effective for purchase orders placed on or afterOctober 1, 2003).
WHEREAS, the parties entered into the above referenced Supply Agreement; and
WHEREAS, the parties now desire to amend paragraphs 4.1, 4.3 and 6.2 of the Supply Agreement asfollows.
NOW THEREFORE, for good and valuable consideration, which is hereby acknowledged, the partiesagree to amend the Supply Agreement as follows:
 1.  ***Paragraph 4.1 (sentence on line 11 and 12 only)*****:**The sentence on line 11 and12 of Paragraph 4.1 of the Supply Agreement shall be replaced in full with the followingsentence:
**“The Purchase Price is calculated on the basis of DES Houston full liner termsin accordance with Incoterms 2000.”**
 ***2.***  ***Paragraph 4.3*****:**Paragraph 4.3 of the Supply Agreement shall be replaced in fullwith the following paragraph 4.3:
**“4.3 Invoices will be submitted by Seller to Purchaser. Invoices will reference Purchaser’spurchase order number and will contain such other information as Purchaser may reasonably request.Purchaser shall effect payment within sixty (60) calendar days after notice of readiness (ordelivery order). Purchaser shall pay interest on overdue invoice payments that are not contestedas provided in Section 3.3 from the due date up to the actual date of payment at the ratedetermined to be three percent (3%) per annum above the six months EURIBOR.”**
 ***3.***  ***Paragraph 6.2*****:**Paragraph 6.2 of the Supply Agreement shall be replaced in fullwith the following paragraph 6.2:
**“6.2 Delivery is DES Houston full liner terms in accordance with Incoterms 2000.Purchaser may also request, as specified in any particular purchase order, that the deliverydestination of the Material be a location other than Houston, for the calculation for the PurchasePrice, Section 4.1 of this Supply Agreement shall apply.”**
1

 

     This amendment #1 is signed to be made effective October 1, 2003.
**Voestalpine Tubulars GmbH & Co KG**       **By** **/s/ Hubert Wastl**   **/s/ Hillka Witt**       **Hubert Wastl**   **Hilkka Witt**   **Managing Directors**       **Grant Prideco, Inc.**       **By** **/s/ Dan Latham**   **   **Dan Latham, President**   **Drilling Products & Services**  
2**
(Reap. Dec. 8711)

Entry No. 755299.

#### Intra-Mar Transport Corporation *v.*United States

(Decided December 11, 1956)

*Brooks & Brooks (Thomas J. McKenna*of counsel) for the plaintiff.

*George Cochran Doub,*Assistant Attorney General *(Daniel I. Auster,*trial attorney), for the defendant.

Johnson, Judge:

This is an appeal for reappraisement of hard candy, packed in 12-ounce glass flasks, 24 flasks to the carton, imported from Cuba on or about December 10, 1946. The merchandise was invoiced and entered at 11 cents per pound and appraised at $8 per carton, less 16.34 per centum nondutiable charges.

When the case was last called for trial, counsel for the plaintiff stated that the case had been previously suspended while the issue was litigated in another case, reappraisement No. 166823-A; that, thereafter, an extension of time had been requested and granted so that the surety on the bond could make a further study of the case; that the plaintiff had now agreed to submit the case; that the issue was identical to that in the test case; and that plaintiff had no additional evidence to offer. Counsel for the Government then moved for judgment in favor of the defendant on the ground of lack of any proof controverting the appraised value.

In the test case, *Intra-Mar Transport Corp., formerly Gondrand Transport Corp.*v. *United States,*27 Cust. Ct. 500, Reap. Dec. 8070, it appeared that the parties were in agreement that there was a foreign value and an export value and that the export value was higher. The court there found that the evidence was insufficient to overcome the presumption of correctness attaching to the appraised value and held that the value of the merchandise was the appraised value, which represented export value.

In view of the statement of counsel that the issues herein are identical with those in the test case and since no further evidence has been *601presented, I find that the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, is the proper basis for the determination of the value of the merchandise here involved and that such value is the appraised value.

Judgment will be rendered accordingly.
No. 64895.

#### American Home Food Products Corp. and Schmidt, Pritchard & Co., Inc. *v.*United States,

protest 60/9128 (New York).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of beef similar in all material respects to that the subject of *United States*v. *J. H. Brown et al.*(46 C.C.P.A. 1, C.A.D. 686), the claim of the plaintiffs was sustained.
EXHIBIT 10.1



|Deloitte Touche Tohmatsu Raimundo Fernandez de Villaverde, 6 5 28003 Madrid
|---------------------------------------------------------------------------





TERRA NETWORKS



Sociedad Anónima



Calle Nicaragua, No. 54

08029 Barcelona, Spain





---



CONSENT OF INDEPENDENT AUDITORS



---





We consent to
the incorporation by reference in the Registration Statement of Terra Networks, S.A. on Form S-8 listed below of our report dated February 26, 2003, with respect to the consolidated financial statements of Terra Networks S.A. included in its Annual
Report on Form 20-F for the year ended December 31, 2002, filed with the Securities and Exchange Commission on June 26, 2003:



|333-73898 |  | Terra Networks 2001 Stock Option Plan                                                                                                
|--------- |  | -------------------------------------------------------------------------------------------------------------------------------------
|333-12208 |  | Post-Effective Amendment to register ordinary shares from the Terra Networks 2000 Stock Option Plan previously registered on Form F-4



Madrid, Spain, June
26, 2003







|Deloitte Touche Tohmatsu  /s/ Javier Acevedo  Javier Acevedo
|------------------------------------------------------------
# EUR-Lex - 52007SC0933 - EN

Important legal notice

*|*

# 52007SC0933

**Commission staff working document - Accompanying document to the Communication from the Commission to the Council and the European Parliament - Improving the Quality of Teacher Education - Impact Assessment Summary {COM(2007)392} {SEC(2007) 931} /* SEC/2007/0933 final */ **

*

*

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 3.8.2007

SEC(2007) 933

COMMISSION STAFF WORKING DOCUMENT Accompanying document to the COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Improving the Quality of Teacher Education

IMPACT ASSESSMENT SUMMARY {COM(2007)392} {SEC(2007) 931}

This report commits only the Commission's services involved in its preparation and does not prejudge the final form of any decision to be taken by the Commission.

EXECUTIVE SUMMARY

The quality of the education and training in Europe is in large part determined by the quality of the teaching that is provided; this in turn is in part a function of the quality of Teacher Education.

Progress in improving school education is slow; there is a perceived shortage of skills amongst teachers; this is currently difficult to remedy because there is a lack of coherence and continuity between different, often separate, elements of teachers' education; and in any case, the amount of in-service training available to practising teachers is very limited.

These factors point to a need to improve the capacity of the teaching profession in Europe to provide the quality of teaching required so that Lisbon objectives - including the common objectives for education and training systems – may be attained.

Member State representatives working with the Commission through the Education and Training 2010 programme, have identified a core of key proposals to bring about an improvement in the Quality of Teacher Education in the European Union. In particular, they agree that it is desirable that:

- all teachers possess the appropriate level and range of knowledge and competence to be able, in the context of rapid economic and social change, to help learners to reach their full potential;

- all teachers possess adequate qualifications from a Higher Education institution;

- provision for teachers' initial education, induction and further professional development is coordinated as a coherent system, and is adequately resourced; and

- the professionalism of teaching is promoted.

Following an analysis of the different options available, the outcome of this Impact Assessment (IA) is a proposal that action by the European Union is warranted; such action should take the form of a succinct Recommendation of the Council and Parliament.

The objective of this Recommendation is to provide Member States with a number of broad orientations, based upon best practice (as identified by the Member States themselves), that can provide a common framework for the development of their policies and practices to improve the quality of teacher education.
Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350) In connection with the Quarterly Report on Form 10-Q for the period ended March 31, 2014 (the Report) of TICC Capital Corp. (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Patrick F. Conroy, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that: (1)

          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)

          The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant. /s/ Patrick F. ConroyName: Patrick F. Conroy Date: May 12, 2014