alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exh.
10.31

    

     

    
      
        
          	
                  

                	
                  OCZ
      Technology Group, Inc.

                	 


        

      

    

     

    
      
        
        

        
          
            	
                    6373
      San Ignacio Ave.., San Jose, CA 95119

                  	
                    Tel:
      (408) 733-8400    Fax: (408)
  733-4900

                  


          

        

      

    

     

    December
30, 2009

     

    
      
        
          
            	
                    Mr. Adam Epstein

                  	 
      
	    
      	 
      
	 
        	 
      


          

        

      

    

    


    Re:
Appointment to the Board of Directors (the “Board”) of OCZ Technology Group,
Inc. (the “Company”)

    


    Dear
Adam:

    


    On behalf
of the Board, I am pleased to advise you that the Board has determined to
unanimously recommend to the stockholders of the Company your appointment as a
member of the Board.  We are prepared to make the recommendation and
effect the appointment as soon as possible, but we would like your confirmation
that you are prepared to serve before we take this
action.  Accordingly, please return a copy of this letter to me
executed below to confirm your willingness to serve.

    


    Also, for
diligence and SEC disclosure purposes, we have enclosed a form of Director and
Officer Questionnaire and request that you complete the questionnaire and return
it Kerry Smith, our Chief Financial Officer, as soon as possible.

    


    You will
receive the same compensation as all other directors, which is as
follows:  $5,000 as a general quarterly stipend; $1,000 per meeting of
the Board attended by you in person; $500 per meeting of the Board attended by
you via telephone; $5,000 annually should you serve on the Audit Committee of
the Board; $2,500 annually for each of other committee of the Board on which you
serve but do not chair; and $7,500 annually for each committee of the Board for
which you serve as the chair.

    


    We hope
that you will be available to attend our next regular Board meeting on Tuesday,
January 26, 2010 at 10:00 AM, California time.  We are looking forward
to your joining the Board and I am personally looking forward to working with
you.

    


    
      
        
          
            
              
                	 
      	
                        Yours
      truly,

                      
	 
      	 
      
	 
      	 	
                          
      

                      
	 
      	
                        Ryan
      Petersen

                      


              

            

          

        

      

    

    


    This is
to advise you that I am prepared to serve on the Board if appointed by the
stockholders of the Company.
Technical Support Document (TSD) for the 

Base Year Inventor 

For the Marshall County, WV 

2010 S02 NAAQS NonattainmentArea 

Submitted May 2015 by the 

West Virginia Department of Environmental Protection 

TSD Prepared June 2015 by 

Jessica L. Fry 

Office of Air Monitoring and Analysis, 3AP40 

U.S. Environmental Protection Agency, Region 3 

1650 Arch Street 

Philadelphia, Pennsylvania 19103 

Reviewed by Alice H. Chow, Associate Director 

Office of Air Monitoring and Analysis (3AP40) 
I. Introduction 

The purpose of this document is to provide a technical summary of the Office of Air 

Monitoring and Analysis (OAMA) review of the emissions inventories submitted with 

the West Virginia Department of Environmental Protection (WVDEP) State 

Implementation Plan (SIP) Revision: Base Year Inventory, Marshall, WV Nonattainment 

Area (NAA) for the 2010 Sulfur Dioxide (S02) NAAQS. Under the Clean Air Act 

(CAA) sections 172(c)(3) states are required to submit emissions inventory information 

for all relevant sources for the areas that are designated nonattainment. The WVD EP has 

submitted a 2011 Base Year Inventory for the Marshall County, WV 2010 S02 NAAQS 

Nonattainment Area in order to fulfill the CAA requirements. Any questions pertaining 

to this technical summary should be directed to Alice H. Chow, Associate Director, 

Office of Air Monitoring and Analysis, at 215-814-2144 or via email at 

chow.alice@epa.gov. 

II 2011 Base Year Inventory 

Under section 172(c)(3) states are required to submit a comprehensive, accurate, 

current accounting of actual emissions from all sources (point, nonpoint, nomoad, and 

omoad) in the nonattainment area. This inventory contains actual annual emissions of 

S02. The base year inventory (typically one of the years in which the area was designated 

as attaining the standard) includes emissions estimates from point, nonpoint, omoad, and 

nomoad sources. The NAA is composed of the Clay, Franklin, and Washington Tax 

Districts in Marshall County, WV. For the purpose of the base year inventory, emissions 

for the entire county were submitted. 

WVDEP submitted a 2011 base year inventory for all source categories in the 

NAA. EPA guidance for emissions inventory development provides that actual 

emissions should be used for purposes of the base year inventory. WVDEP used 

emissions from EPA's 2011 NEI v2 for the 2011 base year inventory. Documentation for 

the 2011 NEI can be found at http://www.epa.gov/ttn/chief/net/2011inventory.html. 

OAMA staff reviewed the results, procedures, and methodologies for the SIP base 

year, and found them to be acceptable.
<PAGE>   1
 
                                                                    EXHIBIT 23.1
 
                        CONSENT OF INDEPENDENT AUDITORS
 
The Board of Directors
CKS Group, Inc.
 
     We consent to the incorporation by reference in the registration statements
(Nos. 333-3412 and 333-18085) on Forms S-8 and S-3 of CKS Group, Inc. of our
report dated December 16, 1996, relating to the consolidated financial
statements of CKS Group, Inc. as of November 30, 1995 and 1996, and related
statements of income, stockholders' equity, and cash flows for each of the years
in the three-year period ended November 30, 1996, and the related schedule,
which report appears in the November 30, 1996 annual report on Form 10-K of CKS
Group, Inc.
 
                                          /s/ KPMG PEAT MARWICK LLP
San Jose, California
February 28, 1997
0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0

1 11 21 31 41 51 61 71 81 91WeightedEmissions‐g/ho

Ranking 

# Non

‐ Cataytic Heater Weighted Average Emissions Distribution:

Comparison with Weighted Averages Calculated via ASTM method

EPA Weighted Emissions (g/hr) ASTM Weighted Emissions (g/hr) Washington State Limit (4.5 g/hr) for Non

‐ Catalytic Heaters

0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5

1 2 3 4 5 6 7 8 9 10 11 12 13 14WeightedEmissions‐g/ho

Ranking 

# Cataytic Heater Weighted Average Emissions Distribution:

Comparison with Weighted Averages Calculated via ASTM Method

EPA Weighted Emissions (g/hr) ASTM Weighted Emissions (g/hr) Washington State Limit (2.5 g/hr) for Catalytic Heaters

0.0 1.0 2.0 3.0 4.0 5.0 6.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20WeightedEmissions‐g/ho

Ranking 

# Pellet Heater Weighted Average Emissions Distribution:

Comparison with Weighted Averages Calculated via ASTM Method

EPA Weighted Emissions (g/hr) ASTM Weighted Emissions (g/hr) Washington State Limit (4.5 g/hr) for Non

‐ Catalytic Heaters

EC/R 7/6/2010 DRAFT - Do Not Quote or Cite
This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

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

No. 17 

The People &c.,

 Appellant,

 v.

Matthew A. Slocum, 

 Respondent.

Jason P. Weinstein, for appellant.

Michael J. Mercure, for respondent.

The Bronx Defenders et al., amici curiae.

MEMORANDUM:

The appeal should be dismissed upon the ground that the

reversal by the Appellate Division was not "on the law alone or

upon the law and such facts which, but for the determination of

law, would not have led to reversal" (CPL 450.90 [2] [a]). 

The Appellate Division concluded that defendant

- 1 -
- 2 - No. 17

unequivocally invoked his right to counsel and his statements

should have been suppressed. Whether a request for counsel is

unequivocal presents a mixed question of law and fact (see People

v Porter, 9 NY3d 966, 967 [2007]; People v Glover, 87 NY2d 838,

839 [1995]). The Appellate Division's reversal therefore was not

"on the law alone or upon the law and such facts which, but for

the determination of law, would not have led to reversal" (CPL

450.90 [2] [a]). As a result, we have no jurisdiction over this

appeal (see id.; see generally People v Brown, 25 NY3d 973, 975

[2015]; People v Polhill, 24 NY3d 995, 997 [2014]). 

The People contend that the Appellate Division

committed an error of law by conflating the issue of whether

defendant's request for counsel was unequivocal with the separate

issue of whether a letter from defense counsel constituted an

entry by counsel into the proceeding (see generally People v

Arthur, 22 NY2d 325, 328-329 [1968]). Even assuming for the sake

of argument that such a legal error occurred, we cannot conclude

that, but for the error, the Appellate Division would not have

reversed the judgment (see CPL 450.90 [2] [a]). Before

discussing the issue of the letter, the Appellate Division

decidedly held that defendant unequivocally invoked his right to

counsel (People v Slocum, 133 AD3d 972, 975-976 [3d Dept 2015]). 

We therefore have no jurisdiction to address the People's

argument that the Appellate Division improperly conflated the two

issues or the Appellate Division's conclusion that the letter did

- 2 -
- 3 - No. 17

not constitute an entry by counsel. 

* * * * * * * * * * * * * * * * *

Appeal dismissed upon the ground that the reversal by the

Appellate Division was not "on the law alone or upon the law and

such facts which, but for the determination of law, would not

have led to reversal" (CPL 450.90[2][a]), in a memorandum. Chief

Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and

Garcia concur. Judge Wilson took no part.

Decided March 23, 2017

- 3 -
Exhibit 32.1



CHANTICLEER HOLDINGS, INC. FORM 10-Q/A FOR
THE QUARTER ENDED JUNE 30, 2012

CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER

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 Chanticleer Holdings, Inc. (the “Company”) on Form 10-Q/A for the period ended June 30, 2012 as filed with the Securities
and Exchange Commission on the date hereof (the “Report), each of the undersigned hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act,
and
| | -- | --------------------------------------------------------------------------------------------------

| | 2. | The information in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------



|December 19, 2012 | /s/ Michael D. Pruitt   | 
|----------------- | ----------------------- | 
|                  | Michael D. Pruitt      
|                  | Chief Executive Officer
|                  |                        
|December 19, 2012 | /s/ Eric S. Lederer     | 
|                  | Eric S. Lederer        
|                  | Chief Financial Officer
Exhibit
31.2

I, Brian P. Alessi, certify that:

1. I have
reviewed this Form 10-K of Emerging Vision, Inc.;

2. Based on my
knowledge, this report does not contain any untrue statements 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 period presented in this report;

4. The registrant's
other certifying officer 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 we 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; and

c) 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 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 function):

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; and

b) 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: March 31,
2005

/s/ Brian P. Alessi
 Brian P.
Alessi Chief Financial Officer

---
SENIOR LEADER ANNOUNCEMENTS FOR OCTOBER 2021

****************************************************************************

SENIOR LEADER RETIREMENTS:

MAJOR GENERAL LARRY CLARK

FROM: Air National Guard Assistant to the Commander, Air Force Special Operations 

Command, M-Day

MAJOR GENERAL THOMAS CUCCHI

FROM: Mobilization Assistant to the Commander, North American Aerospace Defense 

Command, M-Day

BRIGADIER GENERAL LARRY HENRY

FROM: Chief of Staff, Kosovo Forces, EAD

****************************************************************************

GENERAL OFFICER ASSIGNMENTS:

MAJOR GENERAL RANDALL EFFERSON

FROM: Air National Guard Assistant to the Commander, Air Forces Central, M-day

TO: Special Assistant to the Director, Air National Guard for Integration, M-day

MAJOR GENERAL JON SAFSTROM

FROM: Director, Commanders' Leadership Course, M-Day

TO: Air National Guard Assistant to the Commander, 1st Air Force, M-day

BRIGADIER GENERAL MARLON CROOK

TO: Director, Intelligence, Surveillance, Reconnaissance and Cyber Effects, A-2/6, National Guard 

Bureau, EAD

BRIGADIER GENERAL JESSE MOREHOUSE

TO: Mobilization Assistant to the Director, Strategy, Plans, and Policy, J-5, United States Space 

Command, M-Day

BRIGADIER GENERAL JORI ROBINSON

TO: Air National Guard Assistant to Headquarters Air Force, Intelligence, Surveillance, 

Reconnaissance and Cyber Effects Operations, HAF-A2/6, United States Air Force, Dual-hat
BRIGADIER GENERAL JONATHAN STUBBS

TO: Vice Director, Operations Directorate, J-3/4/7, National Guard Bureau, EAD

****************************************************************************
I 

111TH CONGRESS 

1ST SESSION H. R. 4047 

To use historical averages to calculate the Federal Medical Assistance 

Percentage for disaster affected States for purposes of the Medicaid Program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2009 

Mr. CAO (for himself, Mr. SCALISE, Mr. ALEXANDER, Mr. CASSIDY, Mr. SESSIONS, Mr. MICA, and Mr. BOUSTANY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To use historical averages to calculate the Federal Medical 

Assistance Percentage for disaster affected States for 

purposes of the Medicaid Program. 

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

3 SECTION 1. FMAP CALCULATION FOR DISASTER-AFFECTED 

4 STATES. 

5 (a) IN GENERAL.—With respect to a State, for pur6 poses of calculating the Federal Medical Assistance Per7 centage for a State under section 1905(b) of the Social 

8 Security Act, the Secretary shall substitute the average 

9 historical per capita income for such State for a year in 


PWALKER on DSK8KYBLC1PROD with BILLS
2 

•HR 4047 IH

1 any instance for which the Secretary, without regard to 

2 this section, would use the per capita income for such 

3 State for such year if— 

4 (1) in such year, the per capita income for a 

5 State exceeds the average historical per capita in6 come by at least 8 percent; and 

7 (2) during such year or any of the 2 previous 

8 years, a major disaster was declared in such State 

9 by the President under the Robert T. Stafford Dis10 aster Relief and Emergency Assistance Act (42 

11 U.S.C. 5121 et seq.). 

12 (b) AVERAGE HISTORICAL PER CAPITA INCOME DE13 FINED.—For purposes of this section, the term ‘‘average 

14 historical per capita income’’ means, with respect to a 

15 State, the average annual per capita income for the period 

16 beginning with the first year in which the Federal Medical 

17 Assistance Percentage was calculated for such State under 

18 section 1905(b) of the Social Security Act and ending with 

19 the year prior to the year during which the average histor20 ical per capita income is applied under subsection (a). 

Æ 


PWALKER on DSK8KYBLC1PROD with BILLS
Exhibit32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEFFINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

The undersigned hereby certifies, pursuant to, and asrequired by, 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Annual Report of EmergingVision, Inc. (the "Company") on Form 10-K forthe period ended December 31, 2004 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934, asamended, and that information contained in such Annual Report on Form10-K fairly presents, in all material respects, the financial conditionand results of operations of the Company.

Dated:    March 31, 2005    

    /s/ Christopher G.Payan    

|  | Christopher G.PayanChief Executive Officer |
|--|--------------------------------------------|

|  |     /s/ Brian P.Alessi     |
|--|--------------------------------------------------------------------|

|  | Brian P. AlessiChiefFinancial Officer |
|--|---------------------------------------|

The foregoing certification isbeing furnished solely pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 (subsections (a) and (b) of section 1350, chapter 63 oftitle 18, United States Code) and is not being filed as part of theForm 10-K or as a separate disclosuredocument.

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3940 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3940

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
To amend Public Law 96-597 to clarify the authority of the Secretary of 
   the Interior to extend grants and other assistance to facilitate 
 political status public education programs for the peoples of the non-
            self-governing territories of the United States.

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

SECTION 1. SENSE OF CONGRESS.

    Congress reaffirms that it is the responsibility of the Secretary 
of the Interior to advance the economic, social, and political 
development of the territories of the United States.

SEC. 2. ASSISTANCE FOR POLITICAL STATUS PUBLIC EDUCATION PROGRAMS.

    (a) In General.--Section 601 of the Act entitled ``An Act to 
authorize appropriations for certain insular areas of the United 
States, and for other purposes'', approved December 24, 1980 (48 U.S.C. 
1469d), is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) The Secretary of the Interior may extend to the governments 
of American Samoa, Guam, and the United States Virgin Islands, and 
their agencies and instrumentalities, assistance, including assistance 
in the form of grants, research, planning assistance, studies, and 
agreements with Federal agencies, to facilitate public education 
programs regarding political status options for their respective 
territories.''.
    (b) Conforming Amendment.--Section 19(a)(2)(C) of the Food Stamp 
Act of 1977 (7 U.S.C. 2028(a)(2)(C)) is amended by striking ``section 
601(c) of Public Law 96-597 (48 U.S.C. 1469d(c))'' and inserting 
``section 601(d) of Public Law 96-597 (48 U.S.C. 1469d(d))''.

            Passed the House of Representatives December 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
<PAGE>


                                                                 Exhibit 10.1(g)


                  PHARMACOPEIA, INC. 1994 INCENTIVE STOCK PLAN

                                 Amendment No. 7

                  Pursuant to the power reserved to it in Section 14 of the
Pharmacopeia, Inc. 1994 Incentive Stock Plan, as amended (the "Plan"), the Board
of Directors of Pharmacopeia, Inc. hereby amends the Plan as follows:

                  1. The first sentence of Section 3(a) is hereby amended and
restated to read as follows:

                           "Subject to the provisions of Section 12 of the Plan,
the maximum aggregate number of shares under the Plan is 4,700,000 shares of
Pharmacopeia Common Stock. The Shares may be authorized, but unissued, or
reacquired Pharmacopeia Common Stock."

                  2. This Amendment No. 7 to the Plan shall be effective only
after approval of a majority of Pharmacopeia's stockholders as set forth in
Section 14.

                  To record the adoption of this Amendment No. 7, Pharmacopeia
has caused its authorized officers to affix its corporation name and seal as of
this ___ day of ____, 2000.

CORPORATE SEAL                         PHARMACOPEIA, INC.


Attest: /s/ Thomas M. Carney           By: /s/ Joseph A. Mollica
        ----------------------------       -------------------------------------
Thomas M. Carney                       Joseph A. Mollica,
Secretary                              Chairman of the Board, President
                                       and Chief Executive Officer