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



 Exhibit 10.1 

LETTER OF AGREEMENT 

By and Between 

INNISBROOK LESSORS’ ADVISORY COMMITTEE 

and 
 SALAMANDER
INNISBROOK, LLC 
 The Innisbrook Lessors’ Advisory Committee and Salamander Innisbrook, LLC agree on the following amendments to the
Master Rental Pool Lease Agreement: 
  

	 	1.	Paragraph 2.1 first sentence to read “The terms and conditions of this Agreement shall be binding upon the parties hereto for each calendar year for the years 2002
through 2013.” 

  

	 	2.	Paragraph 1.6 “Carpet Care Reserve” last sentence to read “Said Carpet Care Reserve shall be deposited in the Innisbrook Lessors’ Escrow
Account and used only for carpet cleaning and carpet deodorizing.” 

 In addition, we agree on the following
amendments to the 2010 Annual Rental Pool Lease Agreement: 
  

	 	1.	For 2010 only, to allow an additional 7 nights of Lessor Occupancy during the defined In-Season for B-Status Lessors. 


 

	 	2.	For 2010 only, Paragraph B.4 of the Annual Rental Pool Lease Agreement, “The Carpet Care Reserve shall be 1.5% of the amount of Occupancy Fees
deposited to the Lessor’s Escrow Account. 

 Dated at Innisbrook, Florida, this
10th day of September, 2009. 

 

									
	Innisbrook Lessors’ Advisory Committee	 		 	Salamander Innisbrook, LLC
					
	By	 	
 



	 		 	By	 	
 




		 	Ceril Shagnn	 		 		 	Chuck Pomerantz
		 	Chairperson	 		 		 	Vice President and Managing Director
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#### Jerry Joe MEDINA, Plaintiff and Appellant, v. Gerald L. COOK, Warden, Defendant and Appellee.

No. 880355.

Supreme Court of Utah.

Aug. 1, 1989.

Rehearing Denied Aug. 16, 1989.

Jerry Joe Medina, pro se.

David L. Wilkinson, Charlene Barlow, Salt Lake City, for defendant and appellee.

DURHAM, Justice:

Plaintiff Jerry Joe Medina appeals from the dismissal of his petition for a writ of habeas corpus. We affirm.

Plaintiff was convicted of second degree murder, a first degree felony. He was sentenced to a term of five years to life, and he appealed the conviction in 1985. We upheld the conviction in *State v. Medina,*738 P.2d 1021 (Utah 1987). In November 1987, plaintiff filed a petition for a writ of habeas corpus, and in October 1988, the petition was dismissed by the trial court. Plaintiff then filed a notice of appeal in October 1988.

This Court recently reiterated the standard of review in habeas corpus cases in *Bundy v. DeLand,*763 P.2d 803 (Utah 1988):

> On appeal from denial of habeas corpus relief, “we survey the record in the light most favorable to the findings and judgment; and we will not reverse if there is a reasonable basis therein to support the trial court’s refusal to be convinced that the writ should be granted.”

*659
      *Id.*at 805 (quoting *Velasquez v. Pratt,*443 P.2d 1020, 1022 (1968)). Our review of the record does not so convince us.

Plaintiff claims that his constitutional rights were violated by ineffective assistance of counsel, prosecutorial misconduct, denial of access to the courts, and the prejudice of the trial judge. We conclude that plaintiff was afforded due process and that there is no basis upon which to reexamine the conviction. Plaintiff had separate and different counsel at trial and on appeal. His appellate counsel raised four issues, including ineffective assistance of counsel. On appeal, we rejected that claim for two reasons:

> First, it is based almost entirely on self-serving affidavits that are not part of the record. For obvious reasons, we cannot accept after-the-fact claims that there was a conflict with counsel, unless the defendant has made his disagreement with counsel apparent on the record.

> Second, defense counsel’s decision ... was a trial tactic or strategy and, as such, was within the prerogative of trial counsel and [could] not be dictated by [the] client. Decisions as to ... what objections to make ... are generally left to the professional judgment of counsel.

*State v. Medina,*738 P.2d at 1023 (citations omitted).

Plaintiff now makes additional claims related to a failure by trial counsel to conduct pretrial investigation and ineffectiveness of *appellate*counsel. Neither claim is supported by the record. Furthermore, all of the other issues plaintiff raises in this ha-beas corpus proceeding could have been or were raised on appeal. We affirm the trial court’s dismissal.

HALL, C.J., HOWE, Associate C.J., and STEWART and ZIMMERMAN, JJ., concur.
AFS-12-526-E February 22, 2012

Exemption No. 10714 Regulatory Docket No. FAA-2012-0955

Mr. Ed Watkins Georgia Department of Natural Resources Aircraft Support Unit

4005 Fulton Industrial Boulevard Atlanta, GA 30336

Dear Mr. Watkins:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated August 28, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Georgia Department of Natural Resources (GDNR) for an exemption from § 91.205(h)(3) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow GDNR to continue to use night vision goggles (NVGs) in its aircraft.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to GDNR.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10266 (copy enclosed), the FAA found that a grant of exemption would be in the public interest because it would allow the FWC to use NVGs for operations into extreme darkness such as the Everglades and offshore where a horizon is normally limited or nonexistent.

Having reviewed your reasons for requesting an exemption, I find that—2

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10266;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10266 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Georgia Department of Natural Resources an exemption from 14 CFR § 91.205(h)(3) to the extent necessary to allow GDNR to continue to operate with NVGs in its aircraft, subject to the conditions and limitations described below.

Conditions and Limitations

1. Only GDNR may operate the aircraft listed below.

2. Maintenance and preventive maintenance on the aircraft listed below shall be performed in accordance with part 43 and § 91.409.

3. NVGs used on these aircraft must meet the requirements of technical standard order C-164 Night Vision Goggles, dated September 30, 2004.

4. NVG maintenance and preventive maintenance shall be performed in accordance with the manufacturer’s maintenance requirements by an authorized maintenance facility.3

5. GDNR may operate its certificated aircraft listed below without complying with the requirements of § 91.205(h)(3):

a. Bell Helicopter 407

b. Bell Helicopter 206L-4

c. Bell Helicopter 206B-3

This exemption terminates on February 28, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Acting Deputy Director, Flight Standards

Services

Enclosure
EX-4.12



 Exhibit 4.12 

Schedule 4.12 
 The Supplemental
Indentures listed below were entered into in substantially the same form as the Supplemental Indenture (2023 Notes), dated as of September 4, 2013, by and among the Company, certain of its subsidiaries, and U.S. Bank National Association, as
Trustee (previously filed as Exhibit 4.2 to the Company’s Quarterly Report on Form 10-Q (Commission File no. 001-16109), filed with the Commission on November 7, 2013). The only material difference between the documents is the addition of
new Company subsidiary guarantors under the applicable indenture. 
  

	 	1.	Supplemental Indenture, dated as of November 4, 2015, by and among the Company, certain of its subsidiaries, and U.S. Bank National Association, as Trustee. 


 

	 	2.	Supplemental Indenture, dated as of January 8, 2016, by and among the Company, certain of its subsidiaries, and U.S. Bank National Association, as Trustee.
Opinion issued October 29, 2015

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 15
- 00092
- CV

——————————— LYNNE M. JUREK , Appella nt

V. JEFFREY S. SHANNON I I , Appell e e
On Appeal from the 312th District Court

Harris County, Texas Trial Court Ca se No. 2012
- 38540

MEMORANDUM OPINION Appellant, Lynne M. Jurek, has filed a motion to dismiss this appeal , stating she no longer desires to prosecute this appeal. See T EX
. R. A PP
. P. 42.1(a)(1). No opinion has issued. More than 10 days have passed and no party has responded to the motion. See T EX
. R. A PP
. P. 10.1(a)(5), 10.3(a).2

Accordingly, we grant the motion and dismiss the appeal. See T EX
. R. A PP
. P. 42. 1 (a), 43.2(f). We dismiss all other pending motions as moot.
PER CURIAM Panel consists of Justices Jennings, Higley, and Brown

.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BLACK BOX
CORPORATION'S FORM 10-Q FOR THE FISCAL QUARTER ENDED SEPTEMBER 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           1,684
<SECURITIES>                                         0
<RECEIVABLES>                                   50,993
<ALLOWANCES>                                     2,408
<INVENTORY>                                     36,445
<CURRENT-ASSETS>                                98,177
<PP&E>                                          27,540
<DEPRECIATION>                                  13,587
<TOTAL-ASSETS>                                 186,689
<CURRENT-LIABILITIES>                           45,095
<BONDS>                                         17,359
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            17
<OTHER-SE>                                     112,234
<TOTAL-LIABILITY-AND-EQUITY>                   186,689
<SALES>                                         74,596
<TOTAL-REVENUES>                                74,596
<CGS>                                           37,762
<TOTAL-COSTS>                                   37,762
<OTHER-EXPENSES>                                 (262)
<LOSS-PROVISION>                                   333
<INTEREST-EXPENSE>                                 716
<INCOME-PRETAX>                                 13,216
<INCOME-TAX>                                     5,265
<INCOME-CONTINUING>                              7,951
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,951
<EPS-BASIC>                                       0.46
<EPS-DILUTED>                                     0.44


</TABLE>
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Exhibit 32.3










CERTIFICATION OF CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  I, Keith S. Franz, Chief Financial Officer, in connection with the Quarterly Report of CĪON Investment Corporation (the “Company”) on Form 10-Q for the quarter ended September30, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Quarterly Report”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 1.   The Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
 
 2.   The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
  Date: November 13, 2012
  /s/ Keith S. Franz

Keith S. Franz

Chief Financial Officer

(Principal Financial and Accounting Officer)

CĪON Investment Corporation
EX-4.2






EXHIBIT 4.2







Name of Company:


MIE HOLDINGS CORPORATION




Number:


[     ]




Ordinary Shares:


[     ]




Issued to:


[     ]




Dated


[     ]




Transferred from:


[     ]








MIE HOLDINGS CORPORATION








	 	 	 
	Number

[     ]
	 	Ordinary Shares

[     ]






Incorporated under the laws of the Cayman Islands

Share capital is US$[     ] divided into [     ] Ordinary Shares of a par value of US$[     ] each,



THIS IS TO CERTIFY THAT [name of shareholder] is the registered holder of [no. of
shares] Ordinary Shares in the above-named Company subject to the Memorandum and
Articles of Association thereof.



EXECUTED on behalf of the said Company on the            day of            2010 by:




DIRECTOR                                        










 









 









     TRANSFER



	 	 	 
	I	 	(the Transferor) for the value received
	DO HEREBY transfer to

	 	(the Transferee) the
	 

	 	shares standing in my name in the






undertaking called MIE HOLDINGS CORPORATION




To hold the same unto the Transferee




Dated




Signed by the Transferor




in the presence of:








	 	 	 
	 

	 	 
	Witness

	 	Transferor
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

HARTFORD UNDERWRITERS INSURANCE COMPANY

, Appellant,

v.

MARRIOTT INTERNATIONAL, INC., ET AL.

, Appellee

.

No. 4D 16

- 4018

[ February 22, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm

Beach County ; Meenu Sasser , Judge; L.T. Case No.

2011CA002861XXXMB

.

Bretton C. Albrecht and Caryn L. Bellus of Kubicki Draper, Miami, for

appellant.

Justus W. Reid and Bernard A. Lebedeker of Reid Burman Lebedeker,

West Palm Beach , for appellee.

P ER C URIAM

.

Affirmed.

T

AYLOR

, M AY and D AMOORGIAN

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Pages 46770-46771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19979]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #15679; California Disaster Number CA-00294 
Declaration of Economic Injury]


Administrative Declaration of an Economic Injury Disaster for the 
State of California

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Economic Injury Disaster Loan (EIDL) 
declaration for the State of California, dated 09/04/2018.
    Incident: Ferguson Fire.
    Incident Period: 07/13/2018 through 08/19/2018.

DATES: Issued on 09/04/2018.
    Economic Injury (EIDL) Loan Application Deadline Date: 06/04/2019.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's EIDL declaration, applications for economic injury 
disaster loans may be filed at the address listed above or other 
locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:


[[Page 46771]]


Primary Counties: Mariposa
Contiguous Counties:
    California:
    Madera, Merced, Stanislaus, Tuolumne

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Businesses and Small Agricultural Cooperatives Without Credit      3.610
 Available Elsewhere.........................................
Non-Profit Organizations Without Credit Available Elsewhere..      2.500
------------------------------------------------------------------------

    The number assigned to this disaster for economic injury is 156790.
    The State which received an EIDL Declaration # is CALIFORNIA.

(Catalog of Federal Domestic Assistance Number 59008)

    Dated: September 4, 2018.
Linda E. McMahon,
Administrator.
[FR Doc. 2018-19979 Filed 9-13-18; 8:45 am]
 BILLING CODE 8025-01-P
03/14/201 1 1G:0 5 FA X 202493514 2 FA A + DM S iaoOI/00 2

UNITE D STATE S O F AMERIC A DEPARTMEN T O F TRANSPORTATIO N OFFIC E O F HEARING S WASHINGTON , D.C
. 

# RECEIVE D

HEARIN G DOCKE T

I n th e Matte ro f SAMUE L JOSEP H LATHA M

Respondent
. * * * C/ 1 > FA A Docke t No. : CPIOWPOOO ^ ^^E ^ e n a ; FA A Region : Western'Paclfi c Judge : Honorabl e Richar d C
. Goodwi n DM S No
. FAA-2010-062 4 1t1rk*ir*ir*******-lr^***IHt**'k***±»IMt*iHn*ii**ii-k1i1t*ii* *

MOTIO N T O WITHDRA WCOMPLAIN T To : Th e Honorabl e RichardC
. Goodwi n aix dResponden t

actin g i n proper . Th e Regiona

l Counse l fo

r th e Western-Pacifi c Region , Federal Aviatio n Administratio n (FAA ) throug h counsel , hereb y file s thi s Motio n fo r Withdrawal o f Complain t

an dseek s dismissal o f

thi s actio n wit

h prejudice , Thi s motio n i s base do n th e fact th e partie s hav e settle dthi s matter , an da n Order Assesssin g Civi l Penalt

y reflectin g sai dsettlemen t

wil l b e issue dforthwith
. Respectfull y submitted , Naomi Tsud a RegiQwarC^unfe ^ "^

)alc(l-.^arc h .^

, 201 103/14/201 1 1G;0 5 FA X 202493514 2 FA A * DM S 21002/00 2

CERTIFICAT E O FSERVIC E
I hereb y certif

y tha t o n thi s dat e I hav e faxedan dplace din th e Unite dState s rt^^il , postag e prepaid , th e execute doriginal o f th e MOTIO N T O WITHDRA W COMPLAINT , addresse da s follows : Th e Honorabl e RichardC Goodwi n Adn\inistraliv e La

w Judg e Offic e o f Hearings , M-2 0 U.S
. Departmen t

o f Trasnportatio n 120 0 Ne w Jerse y Avenue , S.E
. Eas t Buildin g Groun dFloor , Roo mF. l 2-32 0 Washingto n D C 2059 0 Facsimile : (202)366-753 6 Federa l Aviatio n Administratio n 80 0 Independenc e Avenuse , S.W
. Washingto n D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building

- Suit e 2W100 0 Facsimile : (202 ) 493-514 2 I furthe r certifie dthat

o n thi s date I hav e place di n th e Unite dState s mail , postag e prepaid , certifie dmail , return receip t requested , acop y o f

th e abov e addresse dto : Samue l Josep h Latha

m 3369 0 Almon dSt
. Wildomar , C A 9259 5 Dated : ^'^

^ ^ 3 20: i
JcffKamberg^ ' Legal Technician Offic e o f th e Regional Counse l Federal Aviatio n Administratio n Western-Pacifi c Regio n Hawthorne , Californi a