alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Official Journal L 63/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 63 |
| | |
| English edition | Legislation | Volume 633 March 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 63

English edition

Legislation

Volume 633 March 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2020/349 of 2 March 2020 amending Implementing Regulation (EU) 2019/1916 in respect of operational conditions in certain urban or interurban areas | 1 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2020/350 of 28 February 2020 amending Decision 2002/364/EC as regards definitions of first–line assays and confirmatory assays, requirements for devices for self-testing and requirements for HIV and HCV rapid tests, confirmatory and supplementary assays
  (notified under document C(2020) 1086)

   (
  1
  ) | 3 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2020/349 of 2 March 2020 amending Implementing Regulation (EU) 2019/1916 in respect of operational conditions in certain urban or interurban areas

1

DECISIONS

*

Commission Implementing Decision (EU) 2020/350 of 28 February 2020 amending Decision 2002/364/EC as regards definitions of first–line assays and confirmatory assays, requirements for devices for self-testing and requirements for HIV and HCV rapid tests, confirmatory and supplementary assays
  (notified under document C(2020) 1086)

   (
  1
  )

(notified under document C(2020) 1086)

1

3

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
**EXHIBIT 31.1**

 

**CERTIFICATIONS**

 

I, Brian E. Schaaf, certify that:

 

1.                                    I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ford Credit Auto Owner Trust 2012-C (the “Exchange Act periodic reports”);

 

2.                                    Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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;

 

3.                                    Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.                                    I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.                                    All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: The Bank of New York Mellon, as indenture trustee of the issuing entity, and U.S. Bank Trust National Association, as owner trustee of the issuing entity.

 
| Dated   March 22, 2013 |   |                                               |
|-----------------------------|--------|----------------------------------------------------|
|                        |   |                                               |
|                        |   | /s/   Brian E. Schaaf                              |
|                        |   | Brian   E. Schaaf                                  |
|                        |   | Vice   President and Assistant Treasurer           |
|                        |   | Ford   Motor Credit Company LLC, as Servicer       |
|                        |   | (senior   officer in charge of servicing function) |

 

----
#### NORTHAM v. STATE.

No. 16131.

Court of Criminal Appeals of Texas.

Nov. 22, 1933.

Rehearing Denied Jan. 10, 1934.

E. T. Miller, of Amarillo, for appellant

Bloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being one year in the penitentiary.

Peace officers armed with a search warrant went to the private residence described in the affidavit and warrant and found therein about one hundred gallons of whisky in various containers. Appellant was in the house, apparently in control thereof. The officers did not know him prior to that time, but then learned his name. At the time of the search he denied ownership of the liquor. He did not testify on the trial, and no evidence was introduced in his behalf.

Only three bills of exception are brought forward. In different ways they challenge the sufficiency of the affidavit for the search warrant upon one point only. After describing the residence sought to be searched, it is averred in the affidavit “that persons unknown and other persons to af-fiants unknown, has charge of said house and premises.” The point was urged that the affidavit was insufficient because it did not in some way describe the party thought to be in possession of the premises to be searched. There is no averment in the affidavit from which an inference might be drawn that the officers making the affidavit knew the identity of the party in possession of the premises. If they knew the party in question, but did not know his name, then some description of him should be contained in the affidavit, but if neither his name nor identity is known to describe him as “unknown” is sufficient. Article 691, P. C. (1925); article 310, C. O. P.; Naulls v. State, 115 Tex. Cr. R. 44, 27 S.W.(2d) 180; Tillery v. State, 114 Tex. Cr. R. 106, 24 S.W.(2d) 844; Denzlinger v. State, 116 Tex. Cr. R. 158, 28 S.W.(2d) 160.

Believing the bills of exception reflect no *693error in the ruling of the court regarding the' affidavit for search warrant, the judgment is affirmed.

On Motion for Rehearing.

Appellant again urges that the affidavit for search warrant is insufficient in that it failed to describe the parties therein stated to be unknown to the affiants, and he insists that the case of Denzlinger v. State, 116 Tex. Cr. R. 158, 28 S.W.(2d) 160, is authority for holding that there should be such description. Appellant misapprehends the holding in said case in which it is stated that the affidavit for search warrant in that case said that the names of the parties in possession of the premises desired to be searched, were unknown. Following the statute in the matter, Judge Morrow held in said case that where it is averred that the names of the parties are unknown, some description of them must be given. The principle involved is clearly differentiated in the cases cited in our original opinion.

The motion for rehearing will be overruled.
Name (please print) MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR AND RADIATION MANAGEMENT ADMINISTRATION 

### MOE PUBLIC HEARING CONCERNING STATE IMPLEMENTATION PLAN (SIP) Implementation, Maintenance, and Enforcement of the 2008 8-hour Ozone National Ambient Air Quality Standard SIP December 21,2012

Signature



# NO Organization or Affiliation Address Do You Wish To Testify? How did you find out about this hearing?



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Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 28, 2010

s0621 

# Order

June 28, 2010

140150 & (39)

JACKOB TRAKHTENBERG, Plaintiff-Appellant,

v SC: 140150 COA: 285247 Oakland CC: 2008-088401-NM DEBORAH H. McKELVY, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the motion for pe remptory reversal of the October 27, 2009 decision of the Court of Appeals and to rema nd this case to the Oakland Circuit Court with directions to stay proceedings pendi ng resolution of the remand ordered by this
Court in the case of People v Jacob Trakhtenberg (Docket No. 138875) is DENIED. Because the application for leave to appeal filed in this case has been ordered to be held in abeyance pending the decision in the crimin al case, there is no reason to take any
further action in this case until the cr iminal case is finally resolved.
#### Otto C. Kestler, Appellant, *v.*Angela Goffredi, Respondent.

Supreme Court, Appellate Term, First Department,

February 6, 1958.

*Emery 1. Nagy*and *Nathan Gross*for appellant.

*Richard J. MoAnany*and *Harry D. Graham*for respondent.

*Per Curiam.*

Plaintiff, by moving for a directed verdict, did not waive his right to have the jury determine issues of fact, notwithstanding that the defendant had also moved for a directed verdict and neither party reserved his right to go to the *872jury. (Civ. Prac. Act, § 457-a; *McTiernan*v. *City of Little*Falls, 284 App. Div. 79; *Karlin*v. *Stuyvesant Press Corp.,*146 N. Y. S. 2d 294.)

The judgment and order should be reversed and a new trial ordered, with $30 costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment and order reversed, etc.
II 

114TH CONGRESS 

1ST SESSION H. R. 3495 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2015 

Received 

AN ACT 

To amend title XIX of the Social Security Act to allow 

for greater State flexibility with respect to excluding 

providers who are involved in abortions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSK4TPTVN1PROD with BILLS
2 

HR 3495 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Women’s Public 

3 Health and Safety Act’’. 

4 SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING 

5 PARTICIPATION OF PROVIDERS WHO PER6 FORM, OR PARTICIPATE IN THE PERFORM7 ANCE OF, ABORTIONS. 

8 Section 1902 of the Social Security Act (42 U.S.C. 

9 1396a) is amended— 

10 (1) in subsection (a)(23), by striking ‘‘sub11 section (g)’’ and inserting ‘‘subsection (g), sub12 section (ll),’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(ll) RULES WITH RESPECT TO DETERMINATION OF

16 PARTICIPATION OF PROVIDERS WHO PERFORM, OR PAR17 TICIPATE IN THE PERFORMANCE OF, ABORTIONS.— 

18 ‘‘(1) IN GENERAL.—Beginning October 1, 

19 2015, subject to paragraph (2), for purposes of this 

20 title, a State, at its option, may establish criteria 

21 with respect to the participation under the State 

22 plan (or under a waiver of the plan) of an institu23 tion, agency, entity, or person who performs, or par24 ticipates in the performance of, abortions. 

25 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

26 apply to an abortion— 


smartinez on DSK4TPTVN1PROD with BILLS
3 

HR 3495 RDS

1 ‘‘(A) if the pregnancy is the result of an 

2 act of rape or incest; or 

3 ‘‘(B) in the case where a woman suffers 

4 from a physical disorder, physical injury, or 

5 physical illness that would, as certified by a 

6 physician, place the woman in danger of death 

7 unless an abortion is performed, including a 

8 life-endangering physical condition caused by or 

9 arising from the pregnancy itself. 

10 ‘‘(3) DEFINITIONS.—For purposes of this sub11 section, the terms ‘institution’, ‘agency’, or ‘entity’ 

12 mean the entire legal institution, agency, or entity, 

13 or any part thereof, including any institution, agen14 cy, or entity that controls, is controlled by, or is 

15 under common control with such institution, agency, 

16 or entity.’’. 

Passed the House of Representatives September 29, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


smartinez on DSK4TPTVN1PROD with BILLS
##### 



EXHIBIT 31.1
 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1)
    
    I have reviewed this quarterly report on Form 10-Q of Spectra Energy Partners, LP;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;3)
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;4)
    
    The registrants other certifying officers and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is
being prepared;b)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; andc)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 5)
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Date:
November 14, 2007
    
    /s/ C. Gregory HarperC. Gregory HarperPresident and Chief Executive OfficerSpectra Energy Partners GP, LLCGeneral Partner of Spectra Energy Partners (DE) GP, LPGeneral Partner of Spectra Energy Partners, LP
#### EARP v. STATE.

No. 20347.

Court of Criminal Appeals of Texas.

April 5, 1939.

Florence & Florence, of Gilmer, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge.

The offense is possessing intoxicating liquor in a dry area for the purpose of sale; the punishment, a fine of $250 and confinement in jail for 60 days.

No judgment appears in the transcript. In the absence of a judgment this court is without jurisdiction.

It appears from the record that appellant entered into a recognizance. The recognizance is not embraced in the transcript. Under the circumstances, this court is without jurisdiction.

The appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of-Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                                 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of ZEEZOO SOFTWARE CORP. (the "Company")
on Form  10-QSB  for the  period  ended  January  31,  2008 as  filed  with  the
Securities  and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,
Erickson Mercado, Chief Financial Officer of the Company,  certify,  pursuant to
18 U.S.C.  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

The  information  contained  in the  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.



                                             /s/ Erickson Mercado
                                             -----------------------------------
Date: March 10, 2008                         Erickson Mercado
                                             Chief Financial Officer
##### 



EXHIBIT 32.1
 SARBANES-OXLEY SECTION 906 CERTIFICATION
 CERTIFICATION OF RICHARD H. BACHMANN, CHIEF EXECUTIVE OFFICER
OF DEP HOLDINGS, LLC, THE GENERAL PARTNER OF
DUNCAN ENERGY PARTNERS L.P.
  (1)
    
    The Report fully complies with the requirements of Section 13(a) 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 Registrant.
 /s/ Richard H. BachmannName:
    Richard H. BachmannTitle:
    Chief Executive Officer of DEP Holdings, LLC
on behalf of Duncan Energy Partners L.P.
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO

18 U.S.C.
SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the Executive Vice President, Chief Financial Officer and Treasurer of Empire State Realty OP, L.P. (the
Company), hereby certifies on the date hereof, pursuant to 18 U.S.C. 1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that this Amendment No. 1 to the Annual Report on Form 10-K for the year
ended December 31, 2013 (the Form 10-K), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the
information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                     |  |  |  |                                                                 |  |                  
|-------------------- |  |  |  | --------------------------------------------------------------- |  | -----------------
|Date: March 27, 2014 |  |  |  | EMPIRE STATE REALTY OP, L.P.                                   
|                     |  |  | 
|                     |  |  |  | By:                                                             |  | /s/ David A. Karp
|                     |  |  |  | Executive Vice President, Chief Financial Officer
and Treasurer

Pursuant to the Securities and Exchange Commission Release 33-8238, dated June 5, 2003, this
certification is being furnished and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any registration statement of the Company filed under
the Securities Act of 1933, as amended.

A signed original 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.
#### In the Matter of the Estate of Charles Schanzer, Deceased.

Surrogate’s Court, New York County,

May 28, 1958.

*Herman Wollitzer*for Ida Schanzer, as executrix, petitioner.

*Homer I. Harris*for Alfred E. Herz, respondent.

S. Samuel Di Falco, S.

The court holds that the retainer agreement entered into by the petitioner with the respondent attorney for the payment of the latter’s legal fees is binding and effective. There is no proof in the record that the agreement was fraudently or otherwise wrongfully procured by the respondent. The evidence indicates that she knew what she was signing, was aware of the nature and extent of the assets of the estate and in fact made five periodic payments to the respondent on account of the amount due him under the retainer without protest.

While ordinarily a fiduciary has no authority to conclusively bind an estate, where others may be interested, for the payment of a fixed and definite sum for the services of an attorney, beyond a reasonable amount, unless such other persons agree, that situation is not present here. *(Matter of Woolfson,*158 Misc. 928.) The petitioner is both the fiduciary and the sole legatee under the will and no one else had any interest in the estate of this decedent. The rule is therefore well stated in *Matter of Mason*(174 Misc. 218, 222): *“*Since both of the parties were competent adults it was open to them to fix this remuneration in advance, and, in the absence of any inequitable dealings in the inception of the contract, a court of general jurisdiction would presumably enforce it according to its terms *(Ward*v. *Orsini,*243 N. Y. 123, 127; *Rodkinson*v. *Haecker,*248 id. 480, 489; *Matter of Pagnotta,*161 Misc. 415, 418, 419; *Matter of Dugan,*147 id. 776, 780; *Matter of Merrill,*165 id. 295, 296), since, as a general principle, the courts will not concern them*894selves with the terms of a contract if fairly attained. If a competent party, uninfluenced by improper considerations, binds himself by an improvident agreement, that is something for which he may blame himself alone and for relief from which he may not importune the courts.”

The petitioner is an adult person, able to read, write and speak the English language and is therefore bound by her signature. *(Matter of Stone,*272 N. Y. 121, 124; *Pimpinello*v. *Swift Co.,*253 N. Y. 159, 162, 163.)

The application of the petitioner to fix the compensation of her attorney at a lesser sum than specified in the agreement of retainer and for a refund is therefore denied and the petitioner will be required to pay to the respondent the balance remaining due pursuant to the retainer agreement.

Submit order on notice accordingly.