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



Exhibit 10.24
 EMPLOYMENT AGREEMENT
 Agreement Executive Company
   
 Position; Term; Condition Precedent; Responsibilities Commencement Date Section 1.1 Employment Period Board
 Faithful Performance




---



##### 



Basic Compensation Base Salary Car Allowance Section 2.1 Basic Compensation pro rata Article 3
 Discretionary Incentive Compensation Discretionary Bonus
 Stock Options
 Other Employee Benefits
 Expense Reimbursements
 
 Events of Termination
 Disability Cause Article 4 Section 3.1 Section 3.1 Section 2.1 Section 2.5 Section 3.1(b)
  2




---



##### 



Section 3.1(a)(i) Section
3.3 Good Reason Section 2.4 Termination Date provided , however , Section 2.1
 Death Section 2.1 Section 2.5 Section 2.2 Section 2.4
 Voluntary Termination by Employee Section
2.1 Section 2.5 Good Reason
  3




---



##### 



Definitions of Certain Terms
 Cause
 Designated Successors
 Disability
 
 Non-Competition
 Non-Competition Period
  Welsh Carson Company
Business
  4




---



##### 



Section 4.1(a
 Sections 4.1(a) 4.1(b) Sections 4.1(a) 4.1(b) Sections 4.1(a) 4.1(b) Sections 4.1(a) 4.1(b)
 Section 4.1(b)
   5




---



##### 



Section 4.1
    6




---



##### 



Notices
 Authority: No Conflict
 Assignment and Succession
 Headings
 Tax Withholding
 Applicable Law
 Waiver
  7




---



##### 



Amendment or Modification
 Counterparts
 Entire Agreement
  8




---



##### 



EXECUTIVEJeffrey A. KluckmanCOMPANYBy:Douglas A. WaugamanPresident & Chief Executive Officer
  9
#### The People of the State of New York, Respondent, v Jose Lopez, Appellant.

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Suffolk County (Mclnerney, J.), imposed January 8, 1990.

Ordered that the sentence is affirmed.

*562The defendant’s contention that his sentence constituted cruel and inhuman punishment is unpreserved for appellate review *(see, People v Ingram,*67 NY2d 897, 899) and is, in any event, without merit. Mangano, P. J., Kunzeman, Eiber, O’Brien and Ritter, JJ., concur.
#### The People of the State of New York, Respondent, v Robert Harami, Appellant.

Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered December 20, 1988, convicting him of criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Bracken, J. P., Kunzeman, O’Brien and Ritter, JJ., concur.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Hans Ephraimson, Chief Executive Officer of DB Commodity Services LLC, the Managing Owner of PowerShares DB Commodity
Index Tracking Fund (the Trust), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Quarterly Report on Form 10-Q for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (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 Trust.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                        
|-------------------- |  | -----------------------
|Dated: June 25, 2010 |  | /s/ Hans Ephraimson    
|                     |  | Hans Ephraimson        
|                     |  | Chief Executive Officer



E-6
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 10-Q/A
 Amendment No. 1
 (Mark One)
 þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934For the quarterly period ended March 31, 2007
 or
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934For the transition period from __________ to __________
 Commission file number 000-51525
 LEGACY BANCORP, INC.
 (Exact name of registrant as specified in its charter)
 Delaware
(State or other jurisdiction of incorporation or organization)
    
    20-3135053
(IRS Employer Identification No.)
 99 North Street
Pittsfield, Massachusetts 01201
 (Address of principal executive offices) (Zip code)
 (413) 443-4421
(Registrants telephone number, including area code)
 þ o
  Large accelerated filer  o
    
    Accelerated Filer  þ
    
    Non-accelerated filer  o
 o þ
 10,242,756




---



TABLE OF CONTENTS  EXPLANATORY NOTE:Item 6:   ExhibitsSIGNATURESINDEX TO EXHIBITSEx-31.1 Certification of J. Williar DunlaevyEx-31.2 Certification of Stephen M. Conley    Table of Contents  
 EXPLANATORY NOTE:
 Certification Pursuant to Rule 13a-14(a)/15d-14(a)
   
 Item 6:   Exhibits
  2




---



##### Table of Contents



SIGNATURES
  LEGACY BANCORP, INC.Date: June 7, 2007
    /s/ J. Williar DunlaevyJ. Williar DunlaevyChief Executive Officer and Chairman of the Board Date: June 7, 2007
    /s/ Stephen M. ConleyStephen M. ConleyChief Financial Officer, Senior Vice President
and Treasurer 3




---



##### Table of Contents



INDEX TO EXHIBITS
 31.1
    
    Certification pursuant to Rule 13a-14(a)/15d-14(a) of J. Williar Dunlaevy31.2
    
    Certification pursuant to Rule 13a-14(a)/15d-14(a) of Stephen M. Conley
 4
# CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in Registration Statement Nos. 333-44253, 333-18127, 333-01554, 333-01552, and
033-97592 of Midwest Air Group, Inc. on Form S-8 and Nos. 333-91246, 333-110639,
333-110900, and 333-111016 on Form S-3 of our report dated February 15, 2005, relating to
the financial statements of Midwest Air Group, Inc., and managements report on the
effectiveness of internal control over financial reporting appearing in this Annual Report
on Form 10-K of Midwest Air Group, Inc. for the year ended December 31, 2004.

/s/ Deloitte & Touche
LLP

Milwaukee, WIFebruary 15,
2005
#### Sundial Asphalt Corp., Appellant, v V.P.C. Investors Corp. et al., Respondents.

In an action to rescind a contract and to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), entered November 16, 1989, which granted the defendants’ motion for summary judgment and thereupon dismissed the plaintiff’s first and second causes of action, and dismissed the third cause of action with leave to replead.

Ordered that the order is affirmed, with costs.

The parties to this action entered into a contract whereby the defendant, V.P.C. Investors Corp. (hereinafter VPC) was granted an option to purchase certain property belonging to the plaintiff, Sundial Asphalt Corp. (hereinafter Sundial). The contract contained a provision whereby VPC, prior to exercising this option, had the "right” to purchase from Sundial all of its asphalt needs. This provision also stated that VPC was to be "permitted” to purchase at least 100,000 tons of asphalt per year from Sundial.

Sundial commenced an action against VPC and its principals claiming that VPC’s principals made oral representations to Sundial’s principal to the effect that VPC would purchase *464not less than 100,000 tons of asphalt per year from Sundial, to induce Sundial to enter into the contract. Sundial’s first two causes of action sought rescission of the agreement based on these representations. The third cause of action sought monetary damages based on fraud. However, VPC, claiming that the contract was clear and unambiguous, moved for summary judgment.

Contrary to Sundial’s claim, the court properly dismissed its first two causes of action. The language of the agreement was unambiguous and made it optional for VPC to purchase "at least” 100,000 tons of asphalt. Therefore, parol evidence was not admissible to contradict this provision *(see, Citibank v Plapinger,*66 NY2d 90, 95; *Thomason’s Nathan’s Assocs. v Hajek,*169 AD2d 568; *Rice v Cohen,*161 AD2d 530; *Citizens Fid. Bank & Trust Co. v Coulston Intl. Corp.,*160 AD2d 1110; *Grossberg v Grossberg,*104 AD2d 439).

Further, contrary to Sundial’s contention, the court also properly dismissed its third cause of action with leave to replead. This cause of action did not allege sufficient facts constituting the alleged fraud *(see,*CPLR 3016 [b]; *303 Realty Corp. v Albert,*154 AD2d 590; *Lanzi v Brooks,*54 AD2d 1057, *affd*43 NY2d 778) and did not allege facts showing that at the time the representations were made, VPC never intended to honor them *(Lanzi v Brooks, supra).*Finally, Sundial’s claim that further discovery is needed to determine what facts would show that the principals of VPC never intended to honor their alleged oral representations is meritless. Sundial has not set forth its efforts to obtain the necessary facts *(see, Gold v City of New York,*141 AD2d 502). Kooper, J. P., Sullivan, Lawrence and Ritter, JJ., concur.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1747 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1747

    For the relief of Javier Lopez-Urenda and Maria Leticia Arenas.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2009

Mrs. Feinstein introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    For the relief of Javier Lopez-Urenda and Maria Leticia Arenas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMANENT RESIDENT STATUS FOR JAVIER LOPEZ-URENDA AND MARIA 
              LETICIA ARENAS.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act (8 U.S.C. 1151), Javier 
Lopez-Urenda and Maria Leticia Arenas shall each be eligible for 
issuance of an immigrant visa or for adjustment of status to that of an 
alien lawfully admitted for permanent residence upon filing an 
application for issuance of an immigrant visa under section 204 of such 
Act (8 U.S.C. 1154) or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Javier Lopez-Urenda or Maria Leticia 
Arenas enter the United States before the filing deadline specified in 
subsection (c), that alien shall be considered to have entered and 
remained lawfully and shall, if otherwise eligible, be eligible for 
adjustment of status under section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) as of the date of the enactment of this 
Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only to an application for issuance of an immigrant 
visa or an application for adjustment of status that is filed, with 
appropriate fees, within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Javier Lopez-Urenda or Maria 
Leticia Arenas, the Secretary of State shall instruct the proper 
officer to reduce by one, during the current or next following fiscal 
year, the total number of immigrant visas that are made available to 
natives of the country of that alien's birth under section 203(a) of 
the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, if 
applicable, the total number of immigrant visas that are made available 
to natives of the country of that alien's birth under section 202(e) of 
such Act (8 U.S.C. 1152(e)).
                                 <all>
```
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,342-03

IN RE MICHAEL DEAN HUDSON, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1002698-A IN THE 185TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file an application for a writ of mandamus pursuant

to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of

habeas corpus in the 185 District Court of Harris County, that more than 35 days have elapsed, and th

that the application has not yet been forwarded to this Court. Relator contends that the district court

entered an order designating issues on April 11, 2008.

Respondent, the Judge of the 185 District Court of Harris County, shall file a response with th

this Court by having the District Clerk submit the record on such habeas corpus application. In the

alternative, Respondent may resolve the issues set out in the order designating issues and then have

the District Clerk submit the record on such application. In either case, Respondent’s answer shall
2

be submitted within 30 days of the date of this order. This application for leave to file a writ of

mandamus will be held in abeyance until Respondent has submitted the appropriate response.

Filed: April 15, 2015

Do not publish
**Exhibit
      32.1**




**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


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




In
      connection with the quarterly report of Cold Spring Capital Inc. (the “Company”)
      on Form 10-Q for the quarter ended March 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Richard A.
      Stratton, Chief Executive Officer and Secretary of the Company, certify,
      pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
      Act of 2002, that to my 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.




Dated:
      May 15, 2006




/s/
                Richard A. StrattonRichard
                A. Stratton
              Chief
                Executive Officer
COURT OF APPEALS

SECOND DISTRICT OF TEXAS 

FORT WORTH 

NO. 02-16-00158-CR 

Lawrence E. White 

v. 

The State of Texas 

§ 

§ 

§ 

§ 

§ 

From the 396th District Court 

of Tarrant County (1434087D) 

March 23, 2017 

Opinion by Justice Kerr 

(nfp) 

JUDGMENT 

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed. 

SECOND DISTRICT COURT OF APPEALS 

By __/s/ Elizabeth Kerr_________________ 

 Justice Elizabeth Kerr
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

In connection  with the  quarterly  report of Northern  Explorations,  Ltd. (the
Company)  on Form 10-Q for the  period  ended  December 31,   2009 as filed with
the Securities and Exchange Commission on  the  date  hereof  (the  Report)  the
undersigned  hereby  certifies  pursuant to 18 U.S.C.  Section  1350, as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that to the best of
my 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: February 22, 2010               /s/ KENNETH J. YONIKA
                                      ------------------------------------------
                                      Kenneth J. Yonika, Chief Financial 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 Northern  Explorations,  Ltd. and
will be retained by Northern Explorations,  Ltd. and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit 32



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Vincent Verdiramo, President of Serino 6, Corp. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This Quarterly Report on Form 10-QSB of the Company for the period ended July 31, 2005 as filed with the Securities and Exchange Commission (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:  September 14, 2005

/s/ Vincent L. Verdiramo

___________________________



President
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7687
JAMES LEON SIMPSON, Petitioner - Appellant, versus ATTORNEY GENERAL OF NORTH CAROLINA; RAYMOND SMITH, Superintendent, Respondents - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. James A. Beaty, Jr., District Judge. (CA-97-129-6) Submitted: March 26, 1998 Decided: April 7, 1998 Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. James Leon Simpson, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). To the extent that Appellant raises issues for the first time on appeal, we decline to address the issues. See Muth v. United States , 1 F.3d 246, 250 (4th Cir. 1993). Regarding Appellant's challenges to the in-court identifications of him, his claims of ineffective assistance of counsel, and his challenges to the correction of his sentence, we have reviewed the record and thedistrict court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny acertificate of appealability and dismiss the appeal on the reasoning of the district court. Simpson v. Attorney General of North Carolina , No. CA-97-129-6 (M.D.N.C. Nov. 4, 1997). We dispense withoral 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
#### STATE OF CONNECTICUT *v.*MICHAEL CARTER

*Pamelas. Nagy,*assistant public defender, in support of the petition.

*Denise B. Smoker,*assistant state’s attorney, in opposition.

Decided March 17, 1998

The defendant’s petition for certification for appeal from the Appellate Court, 47 Conn. App. 632 (AC 16559), is denied.

NORCOTT, J., did not participate in the consideration or decision of this petition.