alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.10



SERVICE AGREEMENT AMENDMENT



In accordance with the resolution adopted by the Supervisory Board of GPC Biotech AG on December 14,
2007, the Supervisory Board desires that Dr. Bernd Seizinger Fraunhoferstrasse 20, 82152 Martinsried/Planegg (hereinafter the Chief Executive Officer) spent the majority of his time in the US. In accordance §3 Nr. 1
2ndsentence of the Service Agreement between GPC Biotech AG, Fraunhoferstrasse 20, 82152 Martinsried/Planegg (hereinafter the Company) and the Chief
Executive Officer (hereinafter, the Service Agreement), said agreement is hereby amended as follows:



§1

Amendment



§3 (Remuneration) Nr. 1 of the Service Agreement is deleted, effective December 1, 2007, and replaced with the following language:



|1. | The Chief Executive Officer shall receive for his service a gross annual salary (base salary) in the amount of
|-- | --------------------------------------------------------------------------------------------------------------



| |  | $458.806 (four hundred fifty-eight thousand eight hundred six US dollars),
| |  | --------------------------------------------------------------------------



| |  | Plus
| |  | ----



| |  |  156.215 (hundred fifty-six thousand two hundred fifteen Euros),
| |  | -----------------------------------------------------------------



| | payable in 12 equal monthly installments.
| | -----------------------------------------



The annual salary shall be reviewed by the Supervisory Board annually with regard to a possible increase. An adjustment of the German share (in EUR) relative to the U.S. share (in
U.S. $) of the Chief Executive Officers gross salary is possible at any time with the approval of the Supervisory Board, so as to reflect a possible change in the relative amount of time spent by the Chief Executive Officer working for the
Company in Germany relative to the USA.



$2

Miscellaneous



The remainder of the Service Agreement remains unchanged.



December 14, 2007

Martinsried, Germany



|                       |  |                           
|---------------------- |  | --------------------------
|                       | 
|/s/ Prof. Jürgen Drews |  | /s/ Dr. Bernd R. Seizinger
|Prof. Jürgen Drews     |  | Dr. Bernd R. Seizinger    
|Chairman of the Board  |  |                           
|GPC Biotech AG         |  |
##### 



Exhibit 32.1

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

In connection with the Quarterly Report of Covad Communications Group,
Inc. (the Company) on Form 10-Q for the period ending
June 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I,
Charles E. Hoffman, Chief Executive Officer of the Company, certify, pursuant
to 18. U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that to 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 represents, in all
material respects, the financial condition and result of operations of the
Company.

|                    |  |  |                                  |                                                                   |  | 
|------------------- |  |  | -------------------------------- | ----------------------------------------------------------------- |  | 
|                    |  |  | COVAD COMMUNICATIONS GROUP, INC.
|                   
|                    |  |  |                                  |                                                                   |  | 
|                    |  |  | By:                              | /s/ CHARLES E. HOFFMAN                                            |  | 
|                    |  |  |                                  |                                                                   |  | 
|                    |  |  |                                  | Charles E. HoffmanPresident, Chief Executive Officer and Director |  | 
|Date: July 31, 2003 |  |  |                                  |                                                                   |  |
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JULIO CEASAR SEGURA JR.,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 335 MAL 2023

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 28th day of November, 2023

, the Petition for Allowance of Appeal

is DENIED

.
#### UNITED STATES of America, Plaintiff-Appellee, v. Joseph SILVA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Georgia Silva, Defendant-Appellant.

Nos. 10-10318, 10-10330.

United States Court of Appeals, Ninth Circuit.

Submitted April 12, 2011.*

Filed April 21, 2011.

Carolyn K. Delaney, Assistant U.S., US-SAC-Office of the U.S. Attorney, Sacramento, CA, Angela MacDonald Miller, Jessica Dunsay Silver, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.

Michael Petrik, Jr., Assistant Federal Public Defender, Federal Public Defender’s Office, Sacramento, CA, for Defendant-Appellant.

Before: FERNANDEZ and RAWLINSON, Circuit Judges, and WELLS, Senior District Judge.**

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

**

 The Honorable Lesley Wells, Senior United States District Judge for the Northern District of Ohio, sitting by designation.

MEMORANDUM ***

Joseph and Georgia Silvas’ consolidated appeal seeks review of the district court’s reasoned determination to permit the admission of “other acts” testimony, and exclude evidence of the Silvas’ state trial proceedings, in the Silvas’ federal trial in which a jury convicted each Appellant for interference with the federally protected activity of another resulting in injury, in violation of 18 U.S.C. § 245(b)(2)(B). The Silvas also challenge the district court’s finding that sufficient evidence supported their convictions.

The district court did not abuse its discretion in admitting the material, similar, and timely testimony, under Fed.R.Evid. 404(b), of Tanvir Hussain, Ashley Kelly, and Gregory Parnow, as “other act” evidence bearing on the Silvas’ intent and motivation toward the victim in this matter. *See United States v. Mayans,*17 F.3d 1174, 1181 (9th Cir.1994). The district court did not abuse its discretion in excluding the Silvas’ state proceedings as irrelevant to the instant federal charges and as unnecessarily confusing for the jury. *See United States v. Spencer,*1 F.3d 742, 744 (9th Cir.1992). Viewed in the light most favorable to the prosecution, the evidence presented proved sufficient for a rational trier of fact to find, beyond a reasonable doubt, that the area in which the victim sustained the physical assault was part and parcel of the El Dorado Beach park. *See**738*United States v. Webster,*623 F.3d 901, 907 (9th Cir.2010).

AFFIRMED.

***

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit      32**

**CERTIFICATION      PURSUANT TO**

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

**AS      ADOPTED PURSUANT TO**

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

| ·   | The                Quarterly Report of the Company on Form 10-Q for the quarterly period                ended June 30, 2007 fully complies with the requirements of Section                13(a)                or 15(d) of the Securities Exchange Act of 1934;                and |
|--------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| ·   | The                information contained in such report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                August 9, 2007 | By:    | /s/                Charles L. Dimmler, III |
|-------------------------------------|--------|--------------------------------------------|
|                                |   | Charles                L. Dimmler, III     |
|                                |   | Chief                Executive Officer     |
|                                |   |                                       |
| Date:                August 9, 2007 | By:    | /s/                Philip L. Rohrer, Jr.   |
|                                |   | Philip                L. Rohrer, Jr.       |
|                                |   | Chief                Financial Officer     |
#### *Ex parte*Shannon.

Petition for *Mandamus.*

Jno. E. Mitghell, for petitioner.

This was an application to this court for *mandamus*to tbe judge of tbe circuit court of Mobile county.

*Mandamies*denied.

Opinion by

McClellan, C. J.
EXHIBIT 23.1



INDEPENDENT AUDITORS' CONSENT





We consent to the incorporation by reference in the Registration Statement on Form S-8               (No. 333-111012) of Nutra Pharma Corp. of our report dated April 3, 2004 with respect to our audit of the consolidated financial statements of Nutra Pharma Corp. as of and for the years ended December 31, 2003, 2002 and 2001 and for the period February 1, 2000 (inception) through December 31, 2003 included in this Amendment No.1 to Form 10-KSB/A for the year ended December 31, 2003.







Eisner LLP



New York, New York

May 6, 2004
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Consolidated Income of Solutia Inc. and Subsidiaries for the nine
months ended September 30, 1998, and the Statement of Consolidated Financial 
Position as of September 30, 1998. Such information is qualified in its entirety 
by reference to such combined financial statements.
</LEGEND>
<MULTIPLIER>        1,000,000
              
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                              36
<SECURITIES>                                        27
<RECEIVABLES>                                      430
<ALLOWANCES>                                         6
<INVENTORY>                                        355
<CURRENT-ASSETS>                                 1,055
<PP&E>                                           3,267
<DEPRECIATION>                                   2,359
<TOTAL-ASSETS>                                   2,792
<CURRENT-LIABILITIES>                              801
<BONDS>                                            597
<COMMON>                                             1
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                         (16)
<TOTAL-LIABILITY-AND-EQUITY>                     2,792
<SALES>                                          2,168
<TOTAL-REVENUES>                                 2,168
<CGS>                                            1,587
<TOTAL-COSTS>                                    1,587
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  34
<INCOME-PRETAX>                                    294
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                                194
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       194
<EPS-PRIMARY>                                     1.67
<EPS-DILUTED>                                     1.56
        
        

</TABLE>
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 14 - 00351 - CR

ROBERT C. MORRIS APPELLANT
V.
THE STATE OF TEXAS STATE

---------- FROM COUNTY COURT AT LAW NO. 1 OF PARKER COUNTY

TRIAL COURT NO. CCL 96

- 1806

---------- 

### MEMORANDUM O PINION 1

---------- On May 2, 1997, a ppellant Robert C. Morris pleaded guilty to
misdemeanor theft pursuant to a plea bargain, and in accordance with the plea bargain, the trial court sentenced him to 180 days’ confinement and a $100 fine

. On July 15, 2014 , Morris filed a “ Motion for Nunc Pro Tunc Order, ” requesting that the trial court delete assessed attorney’s fees from its written judgment

1 See Tex. R. App. P. 47.4.2

because Morris is indigent . The trial court denied the motion, and Morris filed a notice of appeal of the denial o f his motion

. On November 13 , 2014, we notified Morris that we are concerned that we lack jurisdiction over the appeal because the trial court ha s not entered any appealable order. We stated that the appeal may be dismissed for want of jurisdiction unless he or any party desiring to continue the appeal filed a response on or before November 2 4 , 2014, showing grounds for continuing the appeal. See Tex. R. App. P. 44.3. No response has been filed. The denial of a motion for judgment nunc pro tunc is not an appealable
order. See Everett v. State , 82 S.W.3d 735, 735 (Tex. App.

— Waco 2002, pet.
dism ’ d); see also Ex parte Florence , 319 S.W.3d 695, 696 (Tex. Crim. App. 2010). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2 (f)

.

PER CURIAM
PANEL: WALKER, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH Tex. R. App. P. 47.2(b)
DELIVERED: December 18, 2014
# C_2022309EN.01000401.xml

| 16.8.2022 | EN | Official Journal of the European Union | C 309/4 |
| --- | --- | --- | --- |

16.8.2022

EN

Official Journal of the European Union

C 309/4

---

Opinion 03/2022

(pursuant to Article 322(2), TFEU)

concerning the Commission’s proposal for a Council Regulation on the methods and procedure for making available own resources based on the Emissions Trading System, the Carbon Border Adjustment Mechanism and reallocated profits, and on the measures to meet cash requirements (2022/0071 (NLE))

(2022/C 309/04)

The European Court of Auditors has published its opinion 03/2022 (pursuant to Article 322(2), TFEU) concerning the Commission’s proposal for a Council Regulation on the methods and procedure for making available own resources based on the Emissions Trading System, the Carbon Border Adjustment Mechanism and reallocated profits, and on the measures to meet cash requirements (2022/0071(NLE)).

The opinion can be consulted directly or downloaded at the European Court of Auditors’ website:

| | https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=61904 |
| --- | --- |

https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=61904

---
EXHIBIT 32.2





                             AMERICAN SKIING COMPANY


                  SARBANES-OXLEY ACT SECTION 906 CERTIFICATIONS

         In connection with the Quarterly Report of American Skiing Company (the
"Company") on Form 10-Q for the period ended April 25, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Helen
E. Wallace, Senior Vice President and Chief Financial 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.


Date:  June 9, 2004

                                  By:   /s/ Helen E. Wallace
                                     --------------------------------
                                     Helen E. Wallace
                                     Senior Vice President, Chief
                                     Financial Officer
                                    (Principal Financial Officer)






         This certification accompanies this Quarterly Report on Form 10-Q
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except
to the extent required by such Act, be deemed filed by the Company for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"). Such certification will not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933, as amended, or the Exchange
Act, except to the extent that the Company specifically incorporates it by
reference.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-6582-5] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice. 

# SUMMARY:

The Local Government Advisory Committee will meet on May 11-12, 2000, in Denver, Colorado. Subcommittee sessions will take place on May 12th. The Committee will engage in a strategic planning exercise during this meeting in order to determine their agenda and structure through the end of 2001 and develop work plans to accomplish their goals. 

The Committee will hear comments from the public between 2:45 p.m. and 3:00 p.m. on May 11th. Each individual or organization wishing to address the Committee will be allowed a minimum of three minutes. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis. 

This is an open meeting and all interested persons are invited to attend. Meeting minutes will be available after the meeting and can be obtained by written request from the DFO. Members of the public are requested to call the DFO at the number listed below if planning to attend so that arrangements can be made to comfortably accommodate attendees as much as possible. However, seating will be on a first come, first serve basis. 

# DATES:

The meeting will begin at 9:00 a.m. on Thursday, May 11th and conclude at 4:00 p.m. on the 12th. 

# ADDRESSES:

The meetings will be held in Denver, Colorado at the EPA Region VIII Office located at 999 18th Street in the Rocky Mountain and Bison Conference Rooms. 

Requests for Minutes and other information can be obtained by writing the DFO at 1200 Pennsylvania Avenue, NW (1306A), Washington, DC 20460. 

# FOR FURTHER INFORMATION CONTACT:

The DFO for this Committee is Denise Zabinski Ney. She is the point of contact for information concerning any Committee matters and can be reached by calling (202) 564-3684 or by email at ney.denise@epa.gov. 

Dated: April 12, 2000. 

Denise Zabinski Ney, 

Designated Federal Officer, Local Government Advisory Committee. 

[FR Doc. 00-9922 Filed 4-19-00; 8:45 am] 

BILLING CODE 6560-50-P
Exhibit 13.1

CHINA MOBILE LIMITED

Certification

Pursuant to 18 U.S.C. § 1350, the undersigned, WANG Jianzhou, Chairman and Chief Executive Officer of China Mobile Limited (the
Company), hereby certifies, to his knowledge, that the Companys annual report on Form 20-F for the year ended December 31, 2006 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: June 12, 2007



/s/ WANG JianzhouName:

WANG JianzhouTitle:

Chairman and Chief Executive Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and
is not being filed as part of the Report or as a separate disclosure document.



|
|
|
**Exhibit 15**

 

May 8,2009

 

SouthernCopper Corporation

11811North Tatum Blvd, Suite 2500

Phoenix,AZ 85028

 

Wehave reviewed, in accordance with the standards of the Public CompanyAccounting Oversight Board (United States), the unaudited condensed consolidatedinterim financial information of Southern Copper Corporation and subsidiariesfor the period ended March 31, 2009, as indicated in our report dated May 8,2009; because we did not perform an audit, we expressed no opinion on thatinformation.

 

Weare aware that our report referred to above, which is included in yourQuarterly Report on Form 10-Q for the quarter ended March 31, 2009,is incorporated by reference in Registration Statement No. 333-150982 on Form S-8.

 

Wealso are aware that the aforementioned report, pursuant Rule 436(c) underthe Security Act of 1933, is not considered a part of the RegistrationStatement prepared or certified by an accountant or a report prepared orcertified by an accountant within the meaning of Sections 7 and 11 of that Act.

 

 

Galaz,Yamazaki, Ruiz Urquiza S.C.

Member of Deloitte Touche Tohmatsu

CPC Arturo Vargas Arellano

Mexico, D.F.

----