alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Elkar Realty Corp., Appellant, *v.*Mitsuye T. Kamada, Doing Business as Tsuruya Restaurant, Respondent.

Supreme Court, Appellate Term, First Department,

February 6, 1958.

*Milton J. Freundlich*and *Joseph R. Apfel*for appellant.

*Jade Newton Lerner*for respondent.

*Per Curiam.*

Pursuant to the lease the tenant took the premises “as is ”. Paragraph 15 thereof clearly negates a representation or guarantee that the use described therein *1 ‘*is lawful or permissible under the certificate of occupancy ”. There is no implied covenant that the premises are fit for the use for which they ivere rented and “ In the absence of an express warranty of the condition of the premises the tenant takes them as they are, assuming all the risks as to their fitness for his purposes ” (Walsh on Law of Property [2d ed.], p. 287). The expected use as a tearoom to which tenant desired to put the premises was at her own risk and she may not escape liability under the lease because of her inability to make the premises legally suitable for her intended purpose. There was no refusal on the part of the landlord to give consent for *873use of the premises by tenant for some other business, as the exchange of letters between the parties discloses.

The final order and judgment should be reversed, with $30 costs, and final order and judgment directed for landlord as prayed for in the petition, with costs.

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

Pinal order and judgment reversed, etc.
**EXHIBIT 23.1****Consent of Independent Registered Public Accounting Firm**We consent to the incorporation by reference in the Registration Statements (Forms S-8 No.333-41542 and No. 333-72036) pertaining to the 1999 Equity Participation Plan of Golden Telecom,Inc. and in the Post Effective Amendment No. 1 (Form S-3 No. 333-39260) to Registration Statementon Form S-1 of Golden Telecom, Inc. and in the related Prospectus of our reports dated March 15,2007, with respect to the consolidated financial statements and schedule of Golden Telecom, Inc.,Golden Telecom, Inc. management’s assessment of the effectiveness of internal control overfinancial reporting, and the effectiveness of internal control over financial reporting of GoldenTelecom, Inc., included in this Annual Report (Form 10-K) for the year ended December 31, 2006./s/ Ernst & Young LLCMoscow, Russia
Exhibit 23.B**Consent of Independent Registered Public Accounting Firm**We hereby consent to the use in this Registration Statement on Form S-4 of our report dated March15, 2006 relating to the consolidated financial statements and consolidated financial statementschedule as of December 31, 2005 and for each of the two years in the period ended December 31,2005 of Southern Natural Gas Company, which appears in such Registration Statement. We also consentto the reference to us under the heading “Experts” in such Registration Statement./s/ PricewaterhouseCoopers LLPBirmington,Alabama
|                        | Corporate Trust Services
|----------------------- | ------------------------
|                       
|MAC R1204-010          
|9062 Old Annapolis Road
|Columbia, MD 21045     
|                       
|Tel:  410 884 2000     
|Fax:  410 715 2380     







Deutsche Mortgage & Asset Receiving Corporation

60 WALL ST

NEW YORK, New York 10005-2836





|Re: | Annual Statement of Compliance for COMM 2012-CCRE4 Commercial Mortgage Pass- Through Certificates
|--- | -------------------------------------------------------------------------------------------------



Per the Pooling and Servicing Agreement dated
as of November 1, 2012 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate
Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2016 (the "Reporting
Period"):



(a)
A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under
such officer's supervision; and



(b)
To the best of such officer's knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement
in all material respects throughout the Reporting Period.





February 27, 2017
Exhibit 10.10


 





Lease Agreement


 


Lessor: Forasen Group (Party A)


Address: No. 888 Tianning Street, Lishui,
Zhejiang 


Business License No: 331100000015403


Tel: 0578-2612888


 


Leasee: Zhejiang Forest Food Co., Ltd
(Party B)


Address: No. 307-3 Tianning Industrial
Zone, Lishui, Zhejiang 


Business License No: 331100749816327


Tel: 0578-2263370


 


Article 1. Property


 


		1.1	Location: No. 307 Tianning Industrial Zone, Lishui,
Zhejiang; Fl 1, Fl -1, No. 888 Tianning Street, Lishui, Zhejiang ;



 


		1.2	Land acreage: 4705.57 square meters ;



 


		1.3	Building acreage: 3736.38 square meters;



 


Article 2. Term and Payment 


 


		2.1	Lease term 10 years.



 


		2.2	Monthly payment RMB 22,400.



 


Article 3. Function


 


		3.1	The function of leased property is processing, producing
and storing edible fungi.



 


		3.2	Party B will manage this property.



 


Article 4. Fire safety


 


		4.1	Party B should cooperate with Party A on fire prevention
as required by law. Otherwise, any loss caused by fire should be borne by Party B.



 


		4.2	Party B should equip extinguisher in the building
rented.



 


		4.3	Any temporary maintenance action related to fire (including
electro welding, etc.) should be approved by fire department.



 


		4.4	Party B should take full responsibility for fire safety.
Party A has right to check fire safety facilities with written consent of Party B.



 






     


     


    

 


Article 5. Exceptions


 


		5.1	If any law related to leasing changes and causes Party
A’s failure to perform this agreement, both parties can negotiate.



 


		5.2	If any failure to perform this agreement caused by
force majeure occurs, the Party suffered from such force majeure should not take responsibility.



 


Article 6. Termination 


 


If this
agreement terminates in advance or expires with no renewal, Party B should leave the leased property. If Party B reject to leave,
Party B should pay double payments to Party A, while Party A has right to reject double payment and force Party B to leave.


 


Article 7. Governing Law


 


		7.1	If any disputes caused by conducting this Agreement
arises, both parties of this Agreement shall settle the disputes through friendly negotiation in the first place, or through arbitration
if negotiation does not work.



 


		7.2	This agreement is subject to law of PRC.



 


Article 8. Others


 


8.1 Any matter not mentioned in this agreement
can be negotiated.


 


8.2 This agreement is prepared in duplicate.
Each party holds one copy.


 


Article 9. Effectiveness


 


This agreement takes effect immediately
after both party sign.


 


 


PARTY A Signature: Forasen Group 


/s/ corporate chop


 


PARTY B Signature: Zhejiang Forest Food
Co., Ltd


/s/ corporate chop


 


 





Signing date: Oct. 20, 2009
---

EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICERANDCHIEF FINANCIAL OFFICER PURSUANT TO**18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT TO**SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, Derek Page, Chief Executive Officer and Chief Financial
Officer of Sombrio Capital Corp., (the Company), 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 the best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company for
      the quarter ended July 31, 2007 (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
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                         
| | (ii) | the information contained in the Quarterly Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.                                                                              



| | By:    | /s/
      Derek Page       
| | ------ | ---------------------------
| |        |                            
| | Name:  | Derek Page                 
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| | Date:  | September 20, 2007         

---
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

Pursuant to Section 906of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18of the United States Code), Michael J. Barrist, Chief Executive Officer of NCOGroup, Inc. (the “Company”), does hereby certify with respect to theQuarterly Report of the Company on Form 10-Q for the period ended June 30,2009 (the “Report”) that:

 

(1)           The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)           The information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 
| Date:  | August 14,  2009 |                     | /s/  Michael J. Barrist |
|--------|-----------------------|--------------------------|-------------------------|
|   |                  | Michael  J. Barrist      |
|   |                  | Chief  Executive Officer |

 

The foregoing certificationis being furnished solely pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 (Section 1350 of Chapter 63 of Title 18 of the United StatesCode) and is not being filed as part of the Report or as a separate disclosuredocument.

 

----
#### UNIVERSAL CREDIT CO. v. WILLIAMS.

No. 2723.

Court of Civil Appeals of Texas. El Paso.

Nov. 10, 1932.

A. T. Folsom, of Wink, for appellant.

V. S. Gary, of Wink, for appellee.

PEDPHREY, C. J.

This is an appeal from the county court of Winkler county from a judgment rendered therein on December 26,1931.

It appears that the term of court at which the case was tried ended on the same date, and that the appeal bond herein was not filed until January 21, 1932.

The terms of county court, unless increased by the commissioners’ court of the county, shall continue for only three weeks, article 1961, as amended by Acts 1929, 1st Called Sess., c. 48, § 2 (Vernon’s Ann. Civ. St. art.' 1961), and article 1962, Revised Statutes, and, in order to perfect an appeal from a judgment of a court where the term continues only three weeks, appeal bond must be filed within twenty days after the expiration of the term. Article 2253, R. S., as amended by Acts 1927, c. 15, § 1 (Vernon’s Ann. Civ. St. art. 2253).

The bond herein having been filed more than twenty days after the expiration of the term, this court has no jurisdiction, and the appeal must be dismissed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-2333

THOMAS G. FIGANIAK; VALERIE A. FIGANIAK, as Administrators of the 

Estate of Kevin Figaniak;

Plaintiffs - Appellees,

and

CRAIG TYLER PEACOCK, individually; JARRETT CHANDLER, individually,

Defendants - Appellees,

v.

TYLER JOHNSON, individually,

Defendant - Appellant,

and

FRATERNAL ORDER OF OWL’S HOME NEST; LOYAL ORDER OF OWLS 

NEST LODGE 2558, d/b/a The Owls Nest, a West Virginia corporation; YE 

OLDE ALPHA, INC., a West Virginia corporation,

Defendants.

Appeal from the United States District Court for the Northern District of West Virginia, 

at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:15-cv-00111-FPS)

Submitted: July 31, 2018 Decided: August 9, 2018

Before NIEMEYER, TRAXLER, and AGEE, Circuit Judges.
2

Affirmed by unpublished per curiam opinion.

John J. Hare, Shane Haselbarth, MARSHALL DENNEHEY WARNER COLEMAN & 

GOGGIN, Philadelphia, Pennsylvania, for Appellant. Howard J. Bashman, Willow 

Grove, Pennsylvania; Jeffrey P. Goodman, SALTZ, MONGELUZZI, BARRETT & 

BENDESKY, P.C., Philadelphia, Pennsylvania; Guy R. Bucci, Ashley N. Lynch, 

HENDRICKSON AND LONG PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Defendant Tyler Johnson appeals the jury verdict finding him liable in tort to 

Plaintiffs Thomas and Valerie Figaniak for the death of their decedent, Kevin Figaniak, 

and the district court’s order denying Johnson’s posttrial motion for, inter alia, a new trial 

and for judgment as a matter of law. We have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the district court. Figaniak v. 

Johnson, No. 5:15-cv-00111-FPS (N.D.W. Va. Oct. 20, 2017). We dispense with oral 

argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
ex_99721.htm


Exhibit 10.2








 


 


November 6, 2017


 


Mr. Patrick Stakenas


Determine, Inc.

615 West Carmel Drive, Suite 100


Carmel, Indiana 46032


 


Dear Patrick:


 


Reference is made to your Severance Agreement (the “Severance Agreement”) dated June 3, 2015, as amended by that certain letter dated November 8, 2016. This letter hereby further amends the Severance Agreement as follows:


 


 


1.                Section 1(c) (Severance Pay) will be amended and replaced with the following:


 


(c) Severance Pay. If Subsection (a)(i) or Subsection (a)(ii) above applies, then the Employee will be entitled to receive severance payments from the Company for the period of twelve months following his Separation (such period is referred to below as the “Continuation Period”). Such severance payments will be made in installments in accordance with the Company’s standard payroll procedures, will commence within 30 days after the Release Deadline and, once they commence, will be retroactive to the date of the Employee’s Separation. Such severance payments will be equal to the Employee’s base salary at the annual rate in effect when his Separation occurs, prorated to reflect the actual length of the Continuation Period. For purposes of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), each installment payment under this Subsection (c) is hereby designated as a separate payment.


 


All other terms of the Agreement will remain the same. Please indicate your agreement with these terms by countersigning the below.


 


	 	
			Sincerely,


			 


			DETERMINE, INC.


			 


			 


			By:       /s/ Jeffrey H. Grosman     


			Name:  Jeffrey H. Grosman          


			Title:     COO                                  

			



I have read and accept this agreement:


 


 


 


/s/ Patrick Stakenas             


Patrick Stakenas


 


615 W. Carmel Drive, Suite 100, Carmel, IN 46032   |   +1.877.806.1932   |   determine.com
CSRS FERS
 Spouse Benefits - Death of an Employee 

Chapter 70 

Important Notice 

A series of court cases have changed the way the Office of Personnel Management (OPM) 

calculates disability annuities and survivor annuities that are based in whole or in part on service 

in positions that are usually tied to higher retirement deduction rates and to higher annuity accrual 

rates. Benefits Administration Letter (BAL) 10-105, Enhanced Disability and Survivor 

Annuity Computations Under CSRS and FERS, July 7, 2010, provides information and 

guidance relating to those changes. The information in BAL 10-105 applies to both disability 

claims and survivor annuity claims (based on a death-in-service) under the Civil Service 

Retirement System (CSRS) and under the Federal Employees Retirement System (FERS) that 

involve employees who have performed service in the following positions: 

 Law Enforcement Officer, Firefighter, and Nuclear Materials Courier, that is qualifying for 

retirement under 5 U.S.C. § 8336(c) or § 8412(d); 

 Custom and Border Protection Officer that is qualifying for retirement under 5 U.S.C. 

§ 8336(c) or § 8412(d); 

 Member of the Supreme Court Police; 

 Member of the Capitol Police; and 

 Air Traffic Controller that is qualifying for retirement under 5 U.S.C. § 8336(e) or § 8412(e). 

The information in BAL 10-105 supersedes the information in chapters 61 and 70 of the CSRS 

and FERS Handbook that references disability and survivor annuity computations for the 

employees working in positions listed above. It also supersedes the guidance provided in BAL 

95-106, dated October 20, 1995, and BAL 02-104, dated May 10, 2002. 

Click here to read BAL 10-105.
EX-34.13


(logo) Grant Thornton


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Grant Thornton LLP
1717 Main Street, Suite 1500
Dallas, TX 75201-4667

T 214.561.2300
F 214.561.2370
GrantThornton.com
linkd.in/GrantThorntonUS
twitter.com/GrantThorntonUS

Board of Directors and Shareholders
Situs Holdings LLC

We have examined management's assertion, included in the accompanying Report of
Management on Compliance ("Management's Assertion"), that Situs Holdings LLC
(the "Company") complied with certain servicing criteria set forth in paragraph
(d) of Item 1122 of the U.S. Securities and Exchange Commission's Regulation AB
included in Exhibit A as of December 31, 2013 and for the period January 1, 2013
through December 31, 2013, with respect to the Company's Operating or Trust
Advisor Services performed over the deals listed in Appendix B (the "Platform").
Management is responsible for the Company's compliance with the applicable
servicing criteria. Our responsibility is to express an opinion on management's
assertion about the Company's compliance with the applicable servicing criteria
for the Platform based on our examination.

Our examination was conducted in accordance with the standards of the Public
Company Accounting Oversight Board (United States) and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
applicable servicing criteria for the Services and performing such other
procedures as we considered necessary in the circumstances. Our examination was
not designed to detect material noncompliance that may have occurred prior to
the period covered by this report and that may have affected the Company's
activities with respect to the Platform during the period covered by this
report. We believe that our examination provides a reasonable basis for our
opinion. Our examination does not provide a legal determination on the Company's
compliance with the applicable servicing criteria.

In our opinion, management's assertion that Situs Holdings LLC complied with the
aforementioned minimum servicing standards as of December 31, 2013 and for the
period January 1, 2013 through December 31, 2013, for the Services is fairly
stated, in all material respects.


/s/ Grant Thornton LLP
Dallas, Texas
March 10, 2014

Grant Thornton LLP
U.S. member firm of Grant Thornton International Ltd
Civil Service Federal Employees Federal Employees Federal Employees

Retirement Group Life Health Benefits Retirement

System Insurance Program System

United States

Office of

Personnel Management

The Federal Government’s Human Resources Agency

Retirement and Insurance Service

Payroll Office Letter

 

Number: P-99-16 Date: June 3, 1999

Subject: Modernizing Today – Issue Two 

As many of you are already aware, OPM has undertaken a major task to modernize the retirement

system that currently exists. In order to insure that we achieve the success for which we are

striving, we feel it necessary to communicate and receive feedback from payroll offices. In order

to continue consistent communication, we have enclosed issue two of the bulletin Modernizing

Today.

Your answers on the feedback portion of Modernizing Today are greatly appreciated. 

 

 Robert A. Yuran, Chief

 Financial Policy Staff

Retirement and Insurance Service
I 

114TH CONGRESS 

1ST SESSION H. R. 3444 

To amend title XI of the Social Security Act to reduce Medicaid and CHIP 

fraud in the territories of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2015 

Mr. PITTS (for himself and Mrs. BROOKS of Indiana) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XI of the Social Security Act to reduce 

Medicaid and CHIP fraud in the territories of the United 

States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicaid and CHIP 

5 Territory Fraud Prevention Act’’. 

6 SEC. 2. REDUCING MEDICAID AND CHIP FRAUD IN THE 

7 TERRITORIES OF THE UNITED STATES. 

8 Section 1108(g)(4) of the Social Security Act (42 

9 U.S.C. 1308(g)(4)) is amended— 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 3444 IH

1 (1) by striking ‘‘and (4)’’ and inserting ‘‘and 

2 (5)’’; and 

3 (2) by adding at the end the following: ‘‘With 

4 respect to fiscal years beginning with fiscal year 

5 2016, if Puerto Rico, the Virgin Islands, Guam, the 

6 Northern Mariana Islands, or American Samoa 

7 qualify for a payment under paragraph (6) of sec8 tion 1903(a) for a calendar quarter of such fiscal 

9 year, the payment shall not be taken into account in 

10 applying subsection (f) (as increased in accordance 

11 with paragraphs (1), (2), (3), and (5) of this sub12 section) to such commonwealth or territory for such 

13 fiscal year.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Exhibit 32  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officers of the registrant certify, to the best of their knowledge, that the registrant's Quarterly Report on Form 10-Q for the period ended December 31, 2010 (the "Form 10-Q") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Form 10-Q, fairly presents, in all material respects, the financial condition and results of operations of the registrant.  Alpha Lujo, Inc.  Date: February 14, 2011  /s/ William Tien William Tien Chief Executive Officer and Chief Financial Officer