alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
pyrus pear germplasm genebank gene bank genetics corvallis

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NCGR Corvallis - Pyrus Germplasmheadline bar  **Please use the GRIN-Global search page to locate and order scionwood:** (https://npgsweb.ars-grin.gov/gringlobal/search.aspx? Scionwood orders are accepted between September 1 and January 25.You must check the "include unavailable" box in the search screen to retrieve accession data at other times.  **Download an Excel spreadsheet listing all clonal pear accessions here** (updated 25 Sept. 2017)  **Download a Pear Germplasm Collection summary here.**


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#### Joseph Lombardo, Respondent, v Coder Service, Inc., et al., Appellants, et al., Defendants.

(Appeal No. 1.)

—Judgment unanimously affirmed, with costs. Memorandum: In 1972, before the advent of the law of comparative negligence, plaintiff was injured when the minibike he was driving collided with a truck on the premises of a privately owned industrial park. At the close of plaintiff’s proof, the trial court dismissed the action against defendant owners and occupiers of the premises. The jury returned a verdict of liability against the driver and owner of the truck and against the manufacturer of the minibike. We affirm.

The verdict was not against the weight of the evidence. The jury was entitled to find that plaintiff was free from contributory negligence on the basis of the evidence that the truck was proceeding on the wrong side of the road. Also, there was sufficient evidence for the jury to find that the minibike was unsafe when it left the factory because of the absence of front-wheel brakes. Finally, we conclude that the court properly dismissed the complaint against the defendant owners and occupiers of the premises. They were not insurers of plaintiff’s safety and they did not breach their common-law duty to keep the premises reasonably safe for plaintiff *(see, Basso v Miller,*40 NY2d 233). There were no defects upon the premises and no dangerous activities were being conducted thereon. Defendants cannot be found negligent for permitting this 17 year old to drive his minibike upon their premises solely because the road on the north side of the premises was used by trucks. *1004There is no evidence that the trucks had traveled at other than slow speeds or that there had been any accidents on the premises involving trucks or minibikes. (Appeals from judgment of Supreme Court, Erie County, Sprague, J.—negligence, products liability.) Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.
<PAGE>
                                                                   EXHIBIT 99.14


                            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 Eurotech Ltd. (the "Company") on Form
10-Q for the period ending June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Todd J. Broms, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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 Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.



/s/ Todd J. Broms
-----------------


Todd J. Broms
Chief Executive Officer
August 16, 2002
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 1 of 13 PageID #:1
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 2 of 13 PageID #:2
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 3 of 13 PageID #:3
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 4 of 13 PageID #:4
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 5 of 13 PageID #:5
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 6 of 13 PageID #:6
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 7 of 13 PageID #:7
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 8 of 13 PageID #:8
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 9 of 13 PageID #:9
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 10 of 13 PageID #:10
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 11 of 13 PageID #:11
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 12 of 13 PageID #:12
Case: 1:02-cr-00328 Document #: 1 Filed: 04/05/02 Page 13 of 13 PageID #:13
**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 annual report of eLinear, Inc. (the "Company") on Form
10-KSB for the year ended December 31, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, JoAnn Agee, Principal
Accounting Officer of the Company, 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:
 
 (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.
 
 
 
 /s/
JoAnn Agee ___________________
 JoAnn
Agee,
 Principal
Accounting Officer
 March 18,
2005
 
 
 A signed
original of this written statement required by Section 906 has been provided to
eLinear, Inc. and will be retained by eLinear, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 1 of 8 PageID #:57
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 2 of 8 PageID #:58
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 3 of 8 PageID #:59
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 4 of 8 PageID #:60
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 5 of 8 PageID #:61
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 6 of 8 PageID #:62
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 7 of 8 PageID #:63
Case: 1:03-cv-02160 Document #: 7 Filed: 05/19/03 Page 8 of 8 PageID #:64
#### OSBORN v. CARDEZA et al.

(Supreme Court, Appellate Division, Second Department.

October 4, 1907.)

Action by Ellen C. Osborn against Howard J. M. Cardeza and others.

No opinion. Order affirmed, with $10 costs and disbursements.
#### Charles Minturn, Appellant, *v.*Lafayette Maynard, Gilbert A. Grant, Thomas G. Wells, Lucien Skinner, Frederick Billings, Charles J. Brenham, Isaac T. Mott, J. De La Montagne, E. M. Neal, and Thomas L. Chapman.

Where a libel was filed *in*personam, against the owners of a steamboat in California, by their general agent or broker, for the balance of an account for money paid, laid out, and expended, in paying for supplies, repairs, and advertising of. the steamboat, together with commissions on the disbursements, the libel was properly dismissed, for want of jurisdiction.

There was nothing in the ease to bring.it within the class of maritime contracts; nor does the local law of California, which authorizes an attachment of vessels for supplies or repairs, extend to the balance of accounts between agent and principal, who have never dealt on the credit, pledge, or security of the vessel.

This was an appeal from the district court of the United States for the northern district of California.

The case is sufficiently stated in the opinion of the court.

It was argued by *Mr. Brent*and *Mr. May,*for the appellant, and by *Mr. Cutting,*for the appellees.

Mr. Justice GRIER,

delivered the opinion of the. court.

The respondents were sued in admiralty, by process *in personam.*The libel charges that they are owners of the steamboat Gold Hunter ; that they had appointed the libellant their general agent or broker; and exhibits a bill, showing a balance of accounts due libellant for money paid, laid out, and expended for the use of respondents, in paying for supplies, repairs, and advertising of the steamboat, and numerous other charges, together with commissions on the disbursements, &c.

The court below very properly dismissed"the libel, for want of jurisdiction. There is nothing in the nature of a maritime contract in the case. The libel shows nothing but a demand for a balance of accounts between agent and principal, for which an action of *assumpsit,*in a common law court, is the proper remedy. That the money advanced and paid for respondents was, in whole or in part,, to pay bills due by a steamboat for repairs or supplies, will not make the transaction maritime, or give the libellant a remedy in admiralty. Nor does the local law of California, which authorizes an attachment of vessels for supplies or repairs, extend to the balance of accounts between agent and principal, who have never dealt on the credit, pledge, or security of the vessel.

The case is too plain for argument.

The judgment of the court of admiralty, dismissing the libel for want of jurisdiction, is affirmed with costs.

*478
      *Order.*

This cause came on to be heard on the transcript of the record from the district court of the United States for the northern district of California, and was argued by counsel. On consideration whereof it is now here ordered, adjudged, and decreed by this court, that the decree of the said district court in this cause be, and the same is hereby affirmed, with costs.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
RESTATED FINANCIAL DATA SCHEDULE
     THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM
UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE QUARTERLY PERIOD ENDED MARCH
31,  1997 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>                                        1
<CURRENCY>                                       U.S.
       
<S>                                      <C>
<PERIOD-TYPE>                                   3-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              MAR-31-1997
<EXCHANGE-RATE>                                     1
<CASH>                                         27,935
<SECURITIES>                                    8,000
<RECEIVABLES>                                  23,714
<ALLOWANCES>                                    1,120
<INVENTORY>                                         0
<CURRENT-ASSETS>                               60,244
<PP&E>                                          6,036   
<DEPRECIATION>                                  1,658
<TOTAL-ASSETS>                                 64,622
<CURRENT-LIABILITIES>                          12,074  
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                        48
<COMMON>                                           45
<OTHER-SE>                                     52,128
<TOTAL-LIABILITY-AND-EQUITY>                   64,622
<SALES>                                             0
<TOTAL-REVENUES>                               20,130
<CGS>                                               0
<TOTAL-COSTS>                                   9,327
<OTHER-EXPENSES>                                4,662
<LOSS-PROVISION>                                  370
<INTEREST-EXPENSE>                                  4
<INCOME-PRETAX>                                 5,767
<INCOME-TAX>                                    1,325
<INCOME-CONTINUING>                             4,402<F1>
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    4,402
<EPS-PRIMARY>                                    0.12
<EPS-DILUTED>                                    0.11
<FN>
<F1> After deducting minority interest of 40.
</FN>
        


</TABLE>
Document

Exhibit 10.01





AMENDMENT NO. 1 TO THE 
OGE ENERGY CORP.  
SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
(As Amended and Restated Effective as of November 5, 2019)


            OGE Energy Corp., an Oklahoma corporation (the “Company”), in accordance with the authority reserved to the Company under Section 6.3 of the OGE Energy Corp. Supplemental Executive Retirement Plan (As Amended and Restated Effective as of November 5, 2019) (the “Plan”), hereby amends the Plan, effective as of August 3, 2021 in the following respect: 


1.By amending Section 2.1(b), Section 2.2(a) and Section 3.1 of the Plan by deleting the reference to “1.32%” in each place it appears in such sections and substituting a reference to “2.90%” therefor.


2.Except as provided herein, the Plan remains in full force and effect. 


            IN WITNESS WHEREOF, OGE Energy Corp. has caused this instrument to be executed in its name by its duly authorized officer as of the 3rd day of August, 2021. 


                                                                                



OGE ENERGY CORP.


By:  /s/ William H. Sultemeier    
William H. Sultemeier
General Counsel and Chief Compliance Officer
Exhibit 10.4


 


AMENDMENT TO LETTER AGREEMENT


 


Reference is made to that certain letter agreement dated as of October 13,
2009 (the “Letter Agreement”) by and among Levine Leichtman Capital
Partners, Inc. (“LLCP”), Alex Meruelo, Meruelo Enterprises, Inc.,
the Alex Meruelo Living Trust and Luis Armona. 
Capitalized terms used but not defined herein shall have the meanings
assigned to such terms in the Letter Agreement.


 


The parties to the Letter Agreement have determined that it is
necessary to amend Section 12 of the Letter Agreement to provide that:


 


The
date that either Alex Meruelo (on behalf of the Meruelo Parties) or LLCP may
terminate the Letter Agreement (but with respect to the Meruelo Parties, not
their obligations under Sections 4 through 15, each of which shall survive any
termination of the Letter Agreement) upon written notice to such other party is
extended from December 30, 2009 to March 31, 2010 (the “Outside
Termination Date”), provided  however, if a merger agreement
is entered into with the Company with respect to the transactions contemplated
by the Letter Agreement, the Outside Termination Date shall mean the earlier of
the date that such merger is consummated or the date on which such merger
agreement is terminated by mutual agreement of the parties thereto or in
accordance with its terms.


 


The parties hereto have executed this Amendment to the Letter Agreement
on this 23rd day of December, 2009.


 


[Signature page follows]


 

















 


	
  LLCP  

  
	
   

  
	
  Levine
  Leichtman Capital Partners, Inc.  

  
	
   

  
	
   

  
	
  By:

  	
  /s/ Lauren B. Leichtman

  	
   

  
	
  Lauren
  B. Leichtman, Chief Executive Officer

  
	
   

  
	
   

  
	
  MERUELO
  PARTIES  

  
	
   

  
	
  Alex
  Meruelo  

  
	
   

  
	
   

  
	
   

  	
  /s/ Alex Meruelo

  	
   

  
	
   

  	
   

  
	
   

  
	
  Meruelo
  Enterprises, Inc.  

  
	
   

  
	
   

  
	
  By:

  	
  /s/ Alex Meruelo 

  	
   

  
	
   

  	
  Name:

  	
  Alex
  Meruelo 

  
	
   

  	
  Title:

  	
  President

  
	
   

  
	
   

  
	
  Alex
  Meruelo Living Trust  

  
	
   

  
	
   

  
	
  By:

  	
  /s/ Alex Meruelo 

  	
   

  
	
   

  	
  Name:

  	
  Alex
  Meruelo

  
	
   

  	
  Title:

  	
  Trustee

  
	
   

  
	
   

  
	
  Luis
  Armona  

  
	
   

  
	
   

  
	
   

  	
  /s/ Luis Armona
# FILED

May 27, 1999
Cecil Crowson, Jr. Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A

PPEALS OF TENN ESSEE AT JA CKSON DECEMBER 1998 SESSION

STATE OF TENN ESSEE ) ) C.C.A. No. 02C01-9805-CR-00129 Appellee, )

) Shelby County V. ) ) Honorable W. Fred Axley, Judge ) STANLEY O. ABELL, ) (Disorderly C onduct, Assault) ) Appellant. )

CONCURRING OPINION I concur with my col leagues in their determin ation that the judgment should be affirmed. I differ only w ith regard to the standards utilized by tri al courts for sentencing on misdemeanor conv ictions.
Initially, I would point out a conflict in some of the r eported cases from this court as to whether misdemeanants are entitled to the presumption of favorability for alter

native sentencing. In State v. Gennoe , 851 S.W.2d 833, 837 (Tenn. Crim. App. 1992), this court ruled as follows:

Because especially mitigated standard offenders convicted of Class C, D , or E felonies are presumed to be favorable candidates for alter native sentencing, the same presumption would log ically apply to misdemeanors. This ruling was foll owed in State v. B oyd , 925 S.W.2d 235, 245 (Tenn. Crim. App. 1995). In State v. Willia ms , 914 S.W.2d 940, 94 9 (Tenn. Crim. App. 1995), however, a panel of this court ruled that "the presumption is limited in scope to an accused who is convicted of a Class C, D, or E felony. It does not apply t o anaccused convicted of a misdemeanor ." Later, and without ex pressly overrul ing the several cases whi ch conflict with the rul ing in Williams , our supr eme cour t may have indicated a preference for the v iew espoused by the major ity. State v. Troutman , 979 S.W.2d 271 (Tenn. 1998). In Troutman , our supreme court, in its determination that the 1989 Act required tr ial courts to make findings of fact only in felony sentencing, observed that "had the legislature intended this practice in misdemeanor sentencing, it c ould have so stated." Id. The high court reasoned that simply because the sentencing statute imposes certain rules in felon y cases, those rules do not apply to misd emeanor cases, unless the statut e expressly so pro

vides.
Regardless as to wh ether the favorable presumption for probation applies, the eleven-month, t wenty-nine day se ntence appears to be within reason under these particular ci rcumstances. The lack of candor on the part of the defendant and his failure to take resp onsibility for his ac

tions are proper grounds for the denial of alternative sentencing or immediate probatio n. Thus a jail sentence was warranted. Because the incident took place in a public school and there was a significant risk to oth ers, I concur with t he imposition of a maximum sentence. That does not necessa rily p revent

the defen dant from

seeking relief a fter the servi ce of a portion of the sentence.

__________________________________ Gary R. Wade, Presiding Judge
**Exhibit 32.2**

 

**Certification of the Chief Financial OfficerPursuant 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 on Form 10-Q of PRAECISPHARMACEUTICALS INCORPORATED (the “Company”) for the quarterly period endedSeptember 30, 2004 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Edward C. English, as Chief Financial Officer ofthe Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuantto § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

1.  The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

2.  The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 

 
| /s/ Edward C. English |                    |
|-----------------------|-------------------------|
| Name:                 | Edward C. English       |
| Title:                | Chief Financial Officer |
| Date:                 | November 9, 2004        |
|                       |                         |  |

 

 

A signed original of this written statement required by Section 906, orother document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to PRAECISPHARMACEUTICALS INCORPORATED and will be retained by PRAECIS PHARMACEUTICALSINCORPORATED and furnished to the Securities and Exchange  Commission or its staff upon request.

 

This certification accompanies the Report pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002 and shall not, except to the extent required bythe Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended.

 

----
<PAGE>

                                                                    EXHIBIT 23.4



                        Aronson, Fetridge & Weigle P.C.
                         CERTIFIED PUBLIC ACCOUNTANTS

                        Report of Independent Auditors


     As independent certified public accountants, we hereby consent to the
inclusion of our report relating to the financial statements of H Quotient,
Inc., which report appears in the Company's Annual Report on Form 10-KSB for the
year ended December 31, 2000 and to all references to this firm included in such
Annual Report.


                                        By: s/ Aronson, Fetridge & Weigle, P.C.
                                        ---------------------------------------
                                        Aronson, Fetridge & Weigle, P.C.
                                        Certified Public Accountants



May 29, 2001
Rockville, MD