alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10_5.htm


    AMENDMENT
      NO. 1 TO AMENDED AND RESTATED

    SUPPLEMENTAL
      BENEFIT
      AGREEMENT

    


     

    This
      Amendment No. 1 to the Amended and Restated Supplemental Benefit Agreement
      (the
“Amendment”) is made and effective as of January 1, 2008 by and between Rural
      Telephone Finance Cooperative, a District of Columbia cooperative corporation
      (“RTFC”) and Sheldon C. Petersen (the “Executive”).

     

     

    WHEREAS,
      RTFC and the Executive are parties to that certain Amended and Restated
      Supplemental Benefit Agreement dated as of December 4, 2006 (the
“Agreement”); and

     

     

    WHEREAS,
      RTFC and the Executive wish to
      amend the Agreement in order to extend the term thereof from its current
      termination date of February 28, 2009;

     

     

    NOW,
      THEREFORE, in consideration of the premises and mutual covenants herein
      contained and for other good and valuable consideration, the parties hereby
      agree as follows:

     

     

    A.           
      Section 3 of the Agreement (encaptioned “Term of Service”) is hereby amended by
      (i) replacing the date “February 28, 2009” stated therein with the date
“February 29, 2012”, and (ii) replacing the date “March 1, 2009” stated therein
      with the date “March 1, 2012”.

     

     

    B.           
      Section 5.5 of the Agreement
      (encaptioned “Expiration of
      Term”), is hereby
      amended by replacing the phrase “February 28th
      date” with the phrase “last
      day of February”.

     

     

    C.           
      This Amendment contains the entire agreement of the parties with respect to
      the
      matters set forth herein, and may only be amended by subsequent written
      agreement of the parties hereto. This Amendment is governed by and is to be
      construed and enforced in accordance with the laws of the State of
      Virginia.

     

     

    D.           
      Except as expressly amended hereby, each and every term, condition and provision
      of the Agreement shall remain in full force and effect.

     

     

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

     

     

    RURAL
      TELEPHONE FINANCE COOPERATIVE

     

    


     

    By:               /s/
      Raymond
      Henagan

    Raymond
      Henagan, President

     

     

     

                                                                                                                 
       /s/
      Sheldon C. Petersen
                                  Sheldon
      C. Petersen
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7539

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BRYANT PAIGE SANDIDGE,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District

Judge. (CR-95-105, CA-97-195-R)

Submitted: February 25, 1999 Decided: March 9, 1999

Before HAMILTON, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bryant Paige Sandidge, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Bryant Paige Sandidge appeals the district court’s order denying his motion for reconsideration of the district court’s order

dismissing his motion filed under 28 U.S.C.A. § 2255 (West 1994 &

Supp. 1998). We have reviewed the record and the district court’s

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. See United States v. Sandidge, Nos. CR-95-

105; CA-97-195-R (W.D. Va. Sept. 25, 1998). 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.

DISMISSED
AM 35A3.12 - Version 15.0  (REV 1999)
                             CONSENT OF INDEPENDENT

                          CERTIFIED PUBLIC ACCOUNTANTS

IBS Interactive, Inc.
Cedar Knolls, New Jersey

We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements of IBS Interactive,  Inc. on Form S-3 (Nos.  333-80155 and 333-93595)
of our report  dated  March 17,  2000,  relating to the  consolidated  financial
statements of IBS Interactive,  Inc. appearing in the Company's Annual Report on
Form 10-KSB for the year ended December 31, 1999.

BDO Seidman, LLP
Woodbridge, New Jersey
March 28, 2000
Exhibit
23.1





CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM




We hereby
consent to the incorporation by reference in the Registration Statements on
Forms S-3 (Nos. 333-70870, 333-47288, 333-108573, 333-111878, 333-111880 and
333-118234) and on Forms S-8 (Nos. 333-89369, 333-37400, 333-40430, 333-42974,
333-43996, 333-127989, 333-117068, 333-111543, and 333-137314) of Internap
Network Services Corporation of our report dated March 28, 2008 relating to the
financial statements, financial statement schedule and the effectiveness of
internal control over financial reporting, which appears in this Form
10-K/A.







/s/
PricewaterhouseCoopers LLP


Atlanta,
Georgia


April 30,
2008
# C_2012295EN.01002802.xml

| 29.9.2012 | EN | Official Journal of the European Union | C 295/28 |
| --- | --- | --- | --- |

29.9.2012

EN

Official Journal of the European Union

C 295/28

---

Action brought on 1 August 2012 — Fuchs/OHIM — Les Complices (Star)

(Case T-342/12)

2012/C 295/51

Language in which the application was lodged: English

Parties

Parties

Applicant: Max Fuchs (Freyung, Germany) (represented by: C. Onken, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Les Complices SA (Montreuil-sous-Bois, France)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 May 2012 in case R 2040/2011-5; |
| --- | --- |

—

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 May 2012 in case R 2040/2011-5;

| — | Reject the opposition No 1299967 in its entirety; and |
| --- | --- |

—

Reject the opposition No 1299967 in its entirety; and

| — | Order the defendant and the other party before the Board of Appeal to bear the costs. |
| --- | --- |

—

Order the defendant and the other party before the Board of Appeal to bear the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark representing a black star, for goods in classes 18, 24 and 25 — Community trade mark application No 5588694

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community trade mark registration No 632232 of the figurative mark representing a white star in a black circle, for goods in classes 3, 9, 14, 16, 18, 20, 24 and 28; French trade mark registration No 1579557 of the figurative mark representing a white star in a black circle, for goods in class 25

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009

Pleas in law:

---
<PAGE>

                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-99645, Form S-8 No. 333-74124, Form S-8 No. 333-55364, Form
S-8/S-3 No. 333-34202 and Form S-8 No. 333-42952) pertaining to the 1998 Stock
Plan, as amended, the 1999 Employee Stock Purchase Plan, the 1999 Directors
Option Plan, the Holographix Inc. 1996 Stock Option Plan, as amended, the
Holographix Inc. 2000 Stock Option Plan, as amended, and the LambdaFlex, Inc.
2000 Stock Plan, and in the related Prospectuses of Avanex Corporation of our
report dated July 25, 2003 with respect to the consolidated financial statements
and schedule of Avanex Corporation included in this Annual Report (Form 10-K)
for the year ended June 30, 2003.

                                        /s/ ERNST & YOUNG LLP

San Jose, California
September 24, 2003
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7877

REGINALD SHERWOOD GRADY,

Plaintiff - Appellant,

versus

W. B. ZIEVERINK; MURIEL K. OFFERMAN; RON

STARLING; WILLIAM L. PRITCHARD,

Defendants - Appellees,

and

TIM BELL; BRADY N. THOMPSON; DANIEL PETERS; L.

P. LEARNARD; L. R. SMITH; T. G. EFFLER; DONALD

R. SMITH,

Defendants.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (CA-00-94-5-BR)

Submitted: March 14, 2002 Decided: March 22, 2002

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.
2

Reginald Sherwood Grady, Appellant Pro Se. David J. Adinolfi, II,

Assistant Attorney General, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* For the purpose of this appeal we assume that the date appearing on the notice of appeal is the earliest date it could have

been given to prison officials for mailing. See Fed. R. App. P.

4(c); Houston v. Lack, 487 U.S. 266 (1988).

3

PER CURIAM:

Reginald Sherwood Grady seeks to appeal the district court’s

order denying his 42 U.S.C.A. § 1983 (West Supp. 2001) action. We

dismiss the appeal for lack of jurisdiction, because Grady’s notice

of appeal was not timely filed.

Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, see Fed.

R. App. P. 4(a)(1), unless the district court extends the appeal

period under Fed. R. App. P. 4(a)(5) or reopens the appeal period

under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory

and jurisdictional.” Browder v. Director, Dep’t of Corrections,

434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361

U.S. 220, 229 (1960)).

The district court’s order was entered on the docket on August

15, 2001. Grady’s notice of appeal was filed on October 14, 2001.*

Because Grady failed to file a timely notice of appeal or to obtain

an extension or reopening of the appeal period, we dismiss the

appeal. 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.

DISMISSED
EXHIBIT 10.2


[PETROGEN LOGO APPEARS HERE]

                                                             November 15th, 2003


Petrogen Corp. (PTGC)
3300-3200 SW Freeway,
Houston Texas 77027
Attention: Leo W. Kerrigan Executive V.P. Geology, Director

Dear Mr. Kerrigan,

Re: PTGC and Petrogen  International  Ltd. (PIL),  (THE "PARTIES")  DRILLING AND
OPERATING AGREEMENT

This letter  confirms,  that effective  immediately,  the Drilling and Operating
Agreement (the "Agreement")  entered into between PTGC and PIL on November 15'`,
2002 is terminated between the Parties.

The termination of the Agreement as noted includes cancellation and reversion of
any and all bonus payments and carried interests between the Companies as at the
effective date of this termination  letter,  including the 10% bonus payment and
the 10% carried  interest of which PIL retained as exclusive  operator under the
terms of the Agreement.

Furthermore,  PIL has  agreed  to assign  to PTGC all of its  rights,  title and
interest in and to any  agreements  entered into between  third parties and PIL,
those agreements of which specifically include the preliminary Farm-in agreement
made between Adams Fee Properties,  Inc. and PIL. However, in the event the PTGC
files for bankruptcy,  becomes insolvent and/or is placed into receivership, or,
is unable to perform its duties and  obligations  under the  Farm-In  Agreement,
such right,  title and  interest in and to the Farm-hi  Agreement as assigned to
PTGC by PIL shall revert back to PIL immediately.

By  signing  this  termination  agreement,  both  PTGC  and  PIL  agree  that no
consideration of the foregoing has been or will be paid by either of the Parties
to the other.

Agreed to this 2e day of November, 2003



/s/ SACHA H. SPINDLER                       /s/ LEO W. KERRIGAN
__________________________________          ____________________________________
Sacha H. Spindler - President, CEO          Leo W. Kerrigan - Exec. V.P. Geology
Petrogen International Ltd                  Director - Petrogen Corp




      Greenway Plaza, 3200 S.W. Freeway, Suite 3300, Houston, Texas, 77027
         Tel: 713-402-6115/Fax: 713-552-0022/Toll Free: 1-888-875-1155/
                            Email: info@petrogen.net
                           Website: www.petrogen.net
EXHIBIT 23.1



               Consent of Ernst & Young LLP, Independent Auditors


We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-50254, Form S-8 No. 333-60583 and Form S-3 No. 333-50252)
pertaining to the Amended and Restated 1997 Stock Incentive Plan, the Employee
Stock Purchase Plan, the Incentive Stock Option and Nonqualified Stock Option
Plan-1994, the Incentive Stock Option, Nonqualified Stock Option and Restricted
Stock Purchase Plan-1991, the Employment Agreement, dated December 1, 1991, as
amended, and the Employment Agreement, dated March 28, 1994, by and between the
Registrant and Richard S.F. Lehrberg, as amended, of our report dated March 18,
2002, with respect to the consolidated financial statements and schedule of
Interplay Entertainment Corp. (a majority owned subsidiary of Titus Interactive
S.A.) and Subsidiaries included in its Annual Report (Form 10-K) for the year
ended December 31, 2001.



/S/ ERNST & YOUNG LLP

Orange County, California
April 12, 2002
No. 40469.

#### Protest 894925-G of Uddo Taormina Corp. (Los Angeles).

Opinion by

Keefe, J.

On the authority of *Locatelli*v. *United States*(T. D. 49302) the protest was sustained as to certain pecorino romano cheese.
No. 40433.

#### Petition 5582-R of R. Frias & Cia (San Juan).

Opinion by

Sullivan, J.

While it appeared that the petitioners failed to take such steps prior to entry as ordinarily would justify a finding that they were without intention to defraud the revenues, the court was of the opinion that the good faith and honest intentions of the petitioners were demonstrated by their *543action in promptly notifying the appraiser as soon as knowledge was obtained of the foreign-market value. The petition was therefore granted.

Brown, J., concurred in the conclusion.
SECTION 302 CERTIFICATIONS



I, Mario Drolet, certify that:

1. I have reviewed this amended quarterly report of Millennium Capital Venture Holdings, Inc.

2. Based on my knowledge, this amended quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order 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 amended quarterly report;

3. Based on my knowledge, the financial statements, and other financial information included in this amended quarterly 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 amended quarterly report;

4. As the registrant's sole certifying officer, I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:

- designed such disclosure controls and procedures to ensure that material information relating to the registrant is made known to me by others within the registrant, particularly during the period in which the amended quarterly report is being prepared;

- evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this amended quarterly report (the "Evaluation Date"); and

- presented in this amended quarterly report my conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation of the Evaluation Date.

5. I have disclosed, based on my most recent evaluation, to the registrant's auditors:

- all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weakness in internal controls; and

- Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls.

6. I have indicated in this amended quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of my most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

Date: January 23, 2004	By:MARIO DROLET
                                          Name:	Mario Drolet
                                          Title: 	President (Principal Executive Officer and Principal Accounting Officer)
Exhibit 32.2

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, Brian Fiddler, CFO of Pluris Energy Group Inc., 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 annual report on Form 10-KSB of Pluris Energy Group Inc. for the year ended December 31, 2006 (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 Pluris Energy Group Inc. |
|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Dated:  April 17, 2007

/s/ Brian Fiddler

Brian Fiddler

Chief Financial Officer

(Principal Financial Officer and Principal

Accounting 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 Pluris Energy Group Inc. and will be retained by Pluris Energy Group Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

CW1104720.1
# C_2015127EN.01002001.xml

| 20.4.2015 | EN | Official Journal of the European Union | C 127/20 |
| --- | --- | --- | --- |

20.4.2015

EN

Official Journal of the European Union

C 127/20

---

Judgment of the General Court of 27 February 2015 — Spa Monopole v OHIM — Olivar Del Desierto (OLEOSPA)

(Case T-377/12) (1)

1

((Community trade mark - Opposition proceedings - Application for Community figurative mark OLEOSPA - Earlier Benelux word marks SPA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 127/27)

Language of the case: French

Parties

Parties

Applicant: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu and E. De Gryse, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by V. Melgar, subsequently by V. Melgar and A. Folliard-Monguiral, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Olivar Del Desierto, SL (Almería, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 June 2012 (Case R 135/2011-4) concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and Olivar Del Desierto, SL.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2012 (Case R 135/2011-4), in so far as it dismisses the opposition in respect of cosmetic products, falling within Class 3 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2012 (Case R 135/2011-4), in so far as it dismisses the opposition in respect of cosmetic products, falling within Class 3 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

| 2. | Orders OHIM to pay the costs. |
| --- | --- |

2.

Orders OHIM to pay the costs.

---

(1)  OJ C 331, 27.10.2012.

1

---
Exhibit 31.3



CERTIFICATION OF CHAIRMAN AND CHIEF EXECUTIVE
OFFICER



I, Ronald J. Mittelstaedt, certify that:



| | 1. | I have reviewed this annual report on Form 10-K/A
of Waste Connections, Inc.; and
| | -- | ---------------------------------------------------------------------------------



| | 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|Date: April 28, 2016 |                           
|-------------------- | --------------------------
|                     | /s/ Ronald J. Mittelstaedt
|                     | Ronald J. Mittelstaedt    
|                     | Chairman and              
|                     | Chief Executive Officer