alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023252EN.01003802.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/38 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/38

---

Judgment of the General Court of 24 May 2023 — Emmentaler Switzerland v EUIPO (EMMENTALER)

(Case T-2/21) (1)

(EU trade mark - International registration designating the European Union - Word mark EMMENTALER - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Collective mark - Article 74(2) of Regulation 2017/1001 - Obligation to state reasons - Article 94 of Regulation 2017/1001)

(2023/C 252/42)

Language of the case: German

Parties

Applicant: Emmentaler Switzerland (Berne, Switzerland) (represented by: S. Völker and M. Pemsel, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Graul and D. Hanf, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, M. Hellmann, U. Bartl and J. Heitz, acting as Agents), French Republic (represented by: A.-L. Desjonquères and G. Bain, acting as Agents), Centre national interprofessionnel de l’économie laitière (CNIEL) (Paris, France) (represented by: E. Baud and P. Marchiset, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 October 2020 (Case R 2402/2019-2).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Emmentaler Switzerland to pay the costs. |
| --- | --- |

2.

Orders Emmentaler Switzerland to pay the costs.

---

(1)  OJ C 62, 22.2.2021.

---
#### Jackson vs. Rutherford.

The finding of the Circuit Court sitting as a jury will not be disturbed, where it does not appear that it was against evidence, nor without any evidence on which to rest.

*Appeal from Pulaski Circuit Court.*

Hon. John J. Clendenin, Circuit Judge.

Gaeland & Randolph, for appellant.

Hempstead, for appellee.

Mr. Justice Faibchild

delivered the opinion of the court.

Previous to the time of settlement between the parties, Jackson had deposited swamp land scrip, and had drawn out different sums.

On the 20th of December, 1856, the parties 'settled and Rutherford paid to Jackson, as the amount of scrip undrawn, seventeen thousand, eight hundred and fourteen 81-100 dollars, *25which he claims to have been seven hundred and eight 50-100 dollars more than was due to Jackson, and to recover the overpayment this suit was brought. The court sitting as a jury found for the plaintiff, and we see no reason to disturb the judgment rendered upon its finding, since we cannot say that the finding of the court is against the evidence, or without any evidence on which to rest.

Let the judgment be affirmed.
[MOBIL OIL INDONESIA INC. LETTERHEAD]

14 February, 1995

Mr. J.M. Hosanski
Vice President LNG
TOTAL Indonesie

Mr. S.G. Leson
Vice President LNG & Operations
UNOCAL

Mr. C.L. Harris
Vice President LNG
VICO


Gentlemen,

     The purpose of this letter is to confirm our understanding
regarding the allocation of supply entitlements between the Arun
Plant and Bontang Plant for LNG sales made by PERTAMINA.  The
agreement of supply allocation will support PERTAMINA's LNG
marketing objectives and facilitate effective planning and
implementation of PERTAMINA's LNG sales contracts.

     Effective 1 January 1995, all contracts for additional LNG
sales entered into (or in a form which has been substantially
agreed to) before 1 January 1996 will be allocated 100% to the
Bontang Plant.  It is acknowledged the supply allocation for the
extensions of the 1973 and 1981 Japanese Western Buyers contracts
(10 and 5 years, respectively), the medium term sale to Korea Gas
Corporation (MOA dated 30 September 1994), the medium term sale to
Chinese Petroleum Corporation (MOA dated 6 December 1994), the long
term sales to Korea Gas Corporation and Chinese Petroleum
Corporation (Badak V and Badak VI, respectively), the two year
extension of the Chubu Yokkaichi Sales Contract, and the sale to
Korea Gas Corporation for two additional cargoes in February 1995
are allocated 100% to the Bontang Plant.

     The parties also acknowledge that because (1) the Arun Plant
has sufficient inventory and was ready and able to deliver its
entitlement to the last 1973 Sales Contract cargo transported on
the LNG tanker Libra in 1994, but (2) that at Pertamina's direction
such cargo was transferred to and loaded at Bontang on December 22,
1994, in order to provide sufficient inventory at both Plants for
the delivery of the two additional cargoes to Korea Gas Corporation
in February 1995, Arun's 1994 entitlement to such cargo was carried
forward to 1995.  The parties further acknowledge that the 1973
Sales Contract cargo transported on the LNG tanker Libra originally
scheduled to be lifted from the Bontang Plant on January 11, 1995,
was transferred to and loaded at the Arun Plant on January 11,
1995, in full satisfaction of Arun's 1994 carry-forward
entitlement.

     Representatives from MOBIL, TOTAL, UNOCAL and VICO will
consult with each other with a view to agreeing before the end of
1995 to the allocation of supply entitlements for additional LNG
sales entered into 1 January 1996 and after.

     If this letter reflects our agreement on the allocation of
supply entitlements please sign four original copies attached.


                                   Very truly yours,

                                   /S/
                                   J.B. King
                                   Vice President Gas Product


TOTAL Indonesie          UNOCAL Indonesia Company      VICO
Indonesia

By:  /S/            By:  /S/                      By:  /S/
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Page 31758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14592]


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

FEDERAL DEPOSIT INSURANCE CORPORATION


Notice to All Interested Parties of Intent To Terminate 
Receivership

    Notice is hereby given that the Federal Deposit Insurance 
Corporation (FDIC or Receiver) as Receiver for the institution listed 
below intends to terminate its receivership for said institution.

----------------------------------------------------------------------------------------------------------------
                                                                                                      Date of
               Fund                    Receivership name              City              State     appointment of
                                                                                                     receiver
----------------------------------------------------------------------------------------------------------------
10165............................  Peoples First Community    Panama..............  FL..........      12/18/2009
                                    Bank.
----------------------------------------------------------------------------------------------------------------

    The liquidation of the assets for the receivership has been 
completed. To the extent permitted by available funds and in accordance 
with law, the Receiver will be making a final dividend payment to 
proven creditors.
    Based upon the foregoing, the Receiver has determined that the 
continued existence of the receivership will serve no useful purpose. 
Consequently, notice is given that the receivership shall be 
terminated, to be effective no sooner than thirty days after the date 
of this notice. If any person wishes to comment concerning the 
termination of the receivership, such comment must be made in writing, 
identify the receivership to which the comment pertains, and sent 
within thirty days of the date of this notice to: Federal Deposit 
Insurance Corporation, Division of Resolutions and Receiverships, 
Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, 
Dallas, TX 75201.
    No comments concerning the termination of this receivership will be 
considered which are not sent within this time frame.

    Dated at Washington, DC, on July 3, 2018.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2018-14592 Filed 7-6-18; 8:45 am]
 BILLING CODE 6714-01-P
Exhibit 32.1
 
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, 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 Company.
 /s/ Arthur A. Rodney

Arthur A. Rodney 
Chief Executive Officer
(Principal Executive Officer)
August 14, 2009
 A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signatures that appear 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.
# Cover Sheet

# NAUL

# Removed Agencies

# ESRI_MAPINFO_SHEET

DO NOT EDIT  For Esri use only

# image1.emf
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                             929
<SECURITIES>                                         0
<RECEIVABLES>                                   17,523
<ALLOWANCES>                                       726
<INVENTORY>                                     22,023
<CURRENT-ASSETS>                                40,847
<PP&E>                                          15,403
<DEPRECIATION>                                   9,994
<TOTAL-ASSETS>                                  50,969
<CURRENT-LIABILITIES>                           21,752
<BONDS>                                            587
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         13
<COMMON>                                            70
<OTHER-SE>                                      28,347
<TOTAL-LIABILITY-AND-EQUITY>                    50,969
<SALES>                                         59,804
<TOTAL-REVENUES>                                59,804
<CGS>                                           36,883
<TOTAL-COSTS>                                   36,883
<OTHER-EXPENSES>                                27,477
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 357
<INCOME-PRETAX>                                (4,801)
<INCOME-TAX>                                     2,002
<INCOME-CONTINUING>                            (6,803)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,803)
<EPS-PRIMARY>                                   (0.97)
<EPS-DILUTED>                                   (0.97)
        

</TABLE>
```

[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32161-32162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14960]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of 
the Government in the Sunshine Act, Public Law 94-409, that the 
Securities and Exchange Commission Fixed Income Market Structure 
Advisory Committee (``FIMSAC'') will hold a public meeting on Monday, 
July 16, 2018 at 9:30 a.m.

PLACE: The meeting will be held in Multi-Purpose Room LL-006 at the 
Commission's headquarters, 100 F Street NE, Washington, DC.

STATUS: The meeting will begin at 9:30 a.m. and will be open to the 
public. Seating will be on a first-come, first-served basis. Doors will 
open at 9:00 a.m. Visitors will be subject to security checks. The 
meeting will be webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: On June 20, 2018, the Commission published 
notice of the Committee meeting (Release No. 34-83475), indicating that 
the meeting is open to the public and inviting the public to submit 
written comments to the Committee. This Sunshine Act notice is being 
issued because a majority of the Commission may attend the meeting.

[[Page 32162]]

    The agenda for the meeting will include updates and presentations 
from the FIMSAC subcommittees.

CONTACT PERSON FOR MORE INFORMATION: For further information, please 
contact Brent J. Fields from the Office of the Secretary at (202) 551-
5400.

    Dated: July 9, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-14960 Filed 7-9-18; 4:15 pm]
 BILLING CODE 8011-01-P
```
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 99 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 99

Providing for motor vehicle leasing for the House of Representatives to 
       be conducted through the General Services Administration.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

Mr. Santorum (for himself, Mr. Inglis of South Carolina, Mr. Goss, Mr. 
 Zeliff, and Mr. Ballenger) submitted the following resolution; which 
         was referred to the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
Providing for motor vehicle leasing for the House of Representatives to 
       be conducted through the General Services Administration.

    Resolved,

SECTION 1. MOTOR VEHICLE LEASING FOR THE HOUSE OF REPRESENTATIVES TO BE 
              CONDUCTED THROUGH THE GENERAL SERVICES ADMINISTRATION.

    (a) In General.--Except as provided in subsection (b), all motor 
vehicle leasing for the House of Representatives shall be conducted 
through an agreement with the Administrator of General Services. The 
agreement shall provide for competitive bidding and, with respect to 
each lease, use of the least expensive motor vehicle that is 
appropriate for the official business involved.
    (b) Exception.--A motor vehicle for the House of Representatives 
may be leased directly, if the terms of the direct lease are equal to 
or better than the terms available with respect to a lease under 
subsection (a).

SEC. 2. EFFECTIVE DATE.

    Section 1 shall apply to all leases entered into after the date on 
which this resolution is agreed to.

                                 <all>
```
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Page 32073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14823]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 2054]


Reorganization of Foreign-Trade Zone 31Under Alternative Site 
Framework; Granite City, Illinois

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones (FTZ) Act provides for ``. . . the 
establishment . . . of foreign-trade zones in ports of entry of the 
United States, to expedite and encourage foreign commerce, and for 
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs and Border Protection ports of 
entry;
    Whereas, the Board adopted the alternative site framework (ASF) (15 
CFR Sec. 400.2(c)) as an option for the establishment or reorganization 
of zones;
    Whereas, America's Central Port District, grantee of Foreign-Trade 
Zone 31, submitted an application to the Board (FTZ Docket B-9-2018, 
docketed February 5, 2018) for authority to reorganize under the ASF 
with a service area of Bond, Calhoun, Clinton, Greene, Jersey, 
Macoupin, Madison, Monroe, Montgomery, Randolph, St. Clair, and 
Washington Counties, Illinois, in and adjacent to the St. Louis Customs 
and Border Protection port of entry, FTZ 31's existing Sites 1, 5 and 7 
would be categorized as magnet sites, Site 1 would be expanded, Sites 4 
and 6 would be included as part of the expanded Site 1, and Site 3 as 
well as Subzones 31A and 31C would be removed from the zone;
    Whereas, notice inviting public comment was given in the Federal 
Register (83 FR 5756, February 9, 2018) and the application has been 
processed pursuant to the FTZ Act and the Board's regulations; and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations are satisfied;
    Now, therefore, the Board hereby orders:
    The application to reorganize FTZ 31 under the ASF is approved, 
subject to the FTZ Act and the Board's regulations, including Section 
400.13, to the Board's standard 2,000-acre activation limit for the 
zone, and to an ASF sunset provision for magnet sites that would 
terminate authority for Sites 5 and 7 if not activated within five 
years from the month of approval.

    Dated: July 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, Alternate Chairman, 
Foreign-Trade Zones Board.
[FR Doc. 2018-14823 Filed 7-10-18; 8:45 am]
 BILLING CODE 3510-DS-P
Exhibit 10.2


 


DR Shell LLC


 


December 9, 2020


 


VIA EMAIL 


 


Custodian Ventures, LLC


Attention: David Lazar, Manager


 


		Re:	Stock Purchase Agreement



 


Dear David:


 


Reference is made to
the Stock Purchase Agreement by and among Custodian Ventures, LLC, David Lazar and DR Shell, LLC dated December 7, 2020 (the “Agreement”).
For good and valuable consideration, receipt of which is acknowledged, we agree that the purchase price of $245,000 shall be allocated
by valuing the Common Stock at $180,000 and the Series A Preferred Stock at $65,000. In all other respects, the Agreement is ratified
and confirmed.


 


Please execute a copy of the Agreement signifying
your consent.


 


	 	Sincerely yours,
	 	 	 
	 	/s/ Ross DiMaggio
	 	Name:  	Ross DiMaggio, Manager                           


 


	We hereby agree to the foregoing:	 
	 	 
	Custodian Ventures, LLC	 
	 	 
	By:	/s/ David Lazar	 
	 	David Lazar, Manager and personally
#### The AZAR CORPORATION, Appellant, v. Guy S. AZAR, Sr., and Gulf Gate National Bank, Appellees.

No. 71-784.

District Court of Appeal of Florida, Second District.

July 21, 1972.

*80Edwin J. Kennedy, Sarasota, for appellant.

Kurt F. Lewis, Sarasota, for appellee.

LILES, Judge.

A controversy arose over who were the officers and therefore in control of The Azar Corporation. Guy S. Azar, Sr. prevailed upon the court to have a receiver appointed and after testimony before a special master it was found that Denis Azar and Marie E. Azar were the duly elected officers and directors of The Azar Corporation. The trial judge entered his order declaring this to be the case and further restrained Guy S. Azar, Sr. and Denise V. Azar from representing themselves as officers of said corporation and discharged the receiver.

Further hearings were held by another special master and following his report the trial judge reversed this special master and charged all costs of the litigation to The Azar Corporation in derogation of the master’s report, which in part reads as follows:

> “5. The costs of this litigation should be divided into those costs incurred prior to April 1, 1971, and those incurred subsequent to April 1, 1971. The costs incurred prior to April 1, 1971 should be assessed to Guy Azar and credited against the judgment in his favor against the corporation. The costs incurred subsequent to April 1, 1971, should be divided equally between Guy Azar and The Azar Corporation. The Azar Corporation should receive credit for all costs heretofore paid by it.”

This is contrary to Fla.Stat. § 57.041, F.S.A.

> “57.041 Costs; recovery from losing party. (1) The party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment.”

We believe the trial judge should have accepted the master’s report regarding the costs of the litigation. See McLeod v. Citizens Bank of Live Oak, Fla.1911, 61 Fla. 343, 56 So. 190; Holland v. Cross, Fla.1956, 89 So.2d 255.

We have examined the other points assigned as error and find them to be moot.

Reversed and remanded for action consistent with this opinion.

PIERCE, C. J., and HOBSON, J., concur.
CFO EMPLOYMENT CONTINUATION AGREEMENT

Network Equipment Technologies, Inc. ("the Company") and Craig M. Gentner
("Officer"), in partial consideration for his continuing officer and employment
relationship and to encourage continued employment in the event of a potential
Change of Control, agree as follows:

1. In the event of Termination of Employment of Officer resulting from a
Corporate Transaction, Change of Control or Hostile Take-Over (as those terms
are defined in the 1993 Stock Option Plan, collectively referred to in this
Agreement as "Change of Control") or from involuntary termination for reasons
other than cause, the Company will provide severance benefits as follows:

     a.   eighteen months of Officer's base salary ("salary continuance"),
     b.   eighteen months of Officer's variable compensation (computed using the
          mid-point of the applicable range and the company "meets plan"),
     c.   Officer level medical, dental, life and disability insurance during
          the period of salary continuance, and
     d.   vesting of outstanding stock options and restricted stock awards
          during the period of salary continuance.

2. "Termination of Employment" of Officer occurs when one of the following
occurs: he is terminated without cause, job location is changed more than 50
miles, his compensation is materially reduced or responsibilities are
substantially altered or reduced (without express consent of the employee) by
the Company, or by any successor to the Company in conjunction with or within
one year after the close of a Change of Control.

3. In the event of a Termination Of Employment in conjunction with a Change of
Control, then vesting of outstanding stock options and restricted stock held by
Officer shall accelerate at the time of such Termination. All vested options
shall be exercisable for the duration of the life of the option.

4. In order to receive the foregoing, Officer agrees to execute the Company's
release and non-competition agreement at the time of any such Termination of
Employment.

Agreed this 14th day of April, 1998.

NETWORK EQUIPMENT                       -------------------------
TECHNOLOGIES, INC.                          CRAIG M. GENTNER

By: Roger A. Barney                     /s/ Craig M. Gentner
    ---------------------------         -------------------------
                                        (Signature)
Title: V.P. HR & Corp. Services
       ------------------------

April 14, 1998                                               N.E.T. Confidential