alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    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 September 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. 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 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. Hoffman
                                President, Chief Executive Officer and Director

Date: May 17, 2004
Exhibit
10.70   December 22, 2009  Tower
Tech Systems, Inc. 101
S. 16thStreet P.O.
Box 1957 Manitowoc,
WI 54221-1957  Broadwind Energy, Inc. 101 S. 16thStreet P.O. Box 1957 Manitowoc, WI 54221-1957  Re: Great Western
Bank Loan to Tower Tech Systems, Inc.  Gentlemen:  Reference is made to that
certain Letter Agreement dated April 28, 2009 entered into by and among
Great Western Bank as lender. Tower Tech Systems, Inc. as borrower, and
Broadwind Energy, Inc. as guarantor (the Letter Agreement), a copy
of which is attached hereto as Exhibit A and is incorporated herein
by this reference. Any capitalized terms not defined in this Change in Terms
Agreement shall have the meanings ascribed to such terms in the Letter
Agreement.  The Parties acknowledge and agree that the Letter
Agreement provides, among other things, that: (i) Tower Tech Systems, Inc.
may convert up to $6,500,000 of the outstanding balance of the Loan to a term
loan, at its sole option, upon written notice (the Conversion Notice) to
Lender given prior to January 5, 2010, provided Borrower is not in default
under the Note or any of the other Loan Documents; and (ii) that such
Conversion Notice shall specify the date on which such conversion shall be
effective, which date shall be no later than January 1, 2010. Each of
Great Western Bank, Tower Tech Systems, Inc. and Broadwind Energy, Inc. hereby
acknowledge and agree that the Letter Agreement shall be amended such that: (i) Tower
Tech Systems, Inc. may convert up to $6,500,000 of the outstanding balance
of the Loan to a term loan, at its sole option, upon delivery of a Conversion
Notice to Lender given prior to March 5, 2010, provided Borrower is not in
default under the Note or any of the other Loan Documents; and (ii) that
such Conversion Notice shall specify the date on which such conversion shall be
effective, which date shall be no later than March 1, 2010. All other
terms and conditions set forth in the Letter Agreement, including, without
limitation, any conditions relating to the conversion of all or a portion of
the Loan, shall remain in full force and effect, except as specifically
modified pursuant to this Change in Terms Agreement.  If you are in agreement with the terms and
provisions of this Letter Amendment, please signify your acceptance and
agreement to be bound by such terms and provisions, by signing where indicated
below and returning a fully executed counterpart of this Letter Amendment to me
at the address set forth above. Great Western Banks obligation to abide by the
terms of this Letter Agreement is contingent upon its receipt of a signed  www.greatwesternbank.com


copy of this Letter Agreement from each of Tower Tech Systems, Inc.
and Broadwind Energy, Inc. on or before December 29,2009.   GREAT
  WESTERN BANK/s/
  Gerald KrugerGerald
  Kruger  Acknowledged and agreed to this 28 day of December, 2009.  TOWER
  TECH SYSTEMS. INC/s/ Michael L. SalutzBy:
  Michael L. SalutzIts:
  Group
  ControllerAcknowledged
  and agreed to this 28th dayof
  December, 2009.BROADWIND
  ENERGY, INC./s/ S.K. KushnerBy:
  S.K. KushnerIts:
  Chief Financial Officer
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T ST EP HEN ROSS B ENNETT , P la in tif

f - A p p e lla n t, v. OV ER SE AS M I LI TARY SALE S GR OU P / C OMP AN Y/ OR GA NI Z AT I ON , OMS G, OMS C , OMS O, D ef

endant- A pp el l ee . N o. 12- 35246 D. C . No . 6 : 1 1 - c v - 0 6 1 2 9 - AA ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

O r e gon A nn L . A i ke n, C hi e f

J udge , P r e s i di ng S ubm i tt e d A pr i l 16, 2013 ** B efo re: C A N B Y , IK U T A , an dW A T F O R D , C i rcu i tJu d g es. S t e phe n R os s B e nne ttappe a l s pr o s e f r om the di s tr i c tc ourt ’ s or de r s de ny i ng hi s m ot i ons f

orr e c ons i de r a t i on of

the di s tr i c tc ourt ’ s j udgm e ntdi s m i s s i ng B e nne tt ’ s di ve r s i tya c t i on f orl a c k of

pe r s ona l j ur i s di c t i on. W e ha ve j ur i s di c t i on



# FI LED APR23 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS12- 35246 2 unde r28 U . S . C . § 1291. W e r e vi e w f ora n abus e of

di s c r e t i on, Sch. D ist. N o. 1J, Mul tnom ah Cnt

y . , O r . v . A CandS, I

nc . , 5 F . 3 d1 2 5 5 , 1 2 6 2 ( 9 th C i r . 1 9 9 3 ) , a n dwe a f f i rm. T he di s tr i c tc ourtdi d notabus e i t s di s c r e t i on i n de ny i ng B e nne tt ’ s m ot i ons for r ec on si dera t i on because B ennettfa i l ed t o est abl i sh grou nd s f or re l i ef un der e ith e rF e d e r a l R u le o f

C iv il P r o c e d u r e 5 9 ( e ) o r6 0 ( b ) . Se e id . a t1263 ( di s c us s i ng ci rc um st ance s w arrant i ng re consi dera t i on or re l i ef fr om j ud gm entun der R ul e 59(e) an d 6 0 (b )) . B ec au se B en n ett d idn o t t im ely ap p ea l fro m th e d istrict co u rt’s ju d g m e n t, th e m e r its o f th e u n d e r ly in g ju d g m e n t a r e n o t b e f o r e th e c o u rt. See Flo y d v . La ws , 92 9 F . 2d 13 90 , 14 00 (9th C i r. 19 91 ). W e de nyB e nne tt ’ s m ot i on f orl e a ve t o e nt e rne w e vi de nc e , a tt a c he d t o the e nd of hi s ope ni ng br i e f

, a nd hi s m ot i on f

ors um m a rya f

f i rm a nc e , f

i l e d on A ugus t13, 2012. AF F I RME D.
# Records

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Exhibit 13.2

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 Metal Storm Limited (the Company)
on Form 20-F for the period ending December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brett Farmer, in my capacity as Chief Financial Officer of the Company, certify, for
purposes of 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:



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



|14. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 30, 2012



By:/s/ Brett FarmerName:

Brett FarmerTitle:

Chief Financial Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being
filed as part of the Report or as a separate disclosure document.
Exhibit 10.1





Exhibit 10.1




	 	 	 
	

	 	ARMSTRONG WORLD INDUSTRIES, INC.

2500 COLUMBIA AVE., P.O. BOX 3001

LANCASTER, PA 17604


717.397.0611          www.armstrong.com






April 5, 2010




Thomas B. Mangas

Senior Vice President & CFO



Subject: 2010 Long-Term Incentive Equity Grant



Dear Tom:



This letter is to inform you that Armstrong’s Management Development and Compensation
Committee granted you 63,172 stock options effective April 1, 2010 as part of company’s
long-term incentive program. This award provides meaningful incentive to strive for the
aspirational targets which have been established, and recognizes the importance of your
impact on the company’s performance.



The award is subject to the terms of the 2006 Long-Term Incentive Plan and this grant letter.
Each stock option entitles you to purchase one share of AWI common stock at an exercise
price equal to $38.06, the New York Stock Exchange closing price of AWI stock on April 1,
2010. You may pay the option exercise price in cash or by delivering shares of AWI stock you
have owned for at least six months.



The options are non-qualified and have a ten-year term starting April 1, 2010. They will
vest and become exercisable in three installments at one, two and three years as follows:
21,057 shares on April 1, 2011; 21,057 shares on April 1, 2012; and 21,058 shares on April 1,
2013.



Employment Events



The following chart outlines the provisions which apply to the grant for various employment
events:



	 	 	 	 	 
	Event	 	Provisions
	 
	 	 	 	 
	Voluntary resignation

	 	•
	 	Forfeit vested and unvested options
	 
	 	 	 	 
	Retirement

	 	•
	 	Forfeit unvested options
	 
	 

	 	•
	 	5 years or expiration to exercise vested options
	 
	 	 	 	 
	Involuntary termination

	 	•
	 	Forfeit unvested options
	 
	 

	 	•
	 	3 months or expiration to exercise vested options
	 
	 	 	 	 
	Willful, deliberate or gross misconduct

	 	•
	 	Forfeit vested and unvested options
	 
	 	 	 	 
	Death

	 	•
	 	Accelerated vesting if death occurs after 12/31/10, otherwise forfeit
	 
	 

	 	•
	 	3 years or expiration (minimum 1 year from death) to exercise options
	 
	 	 	 	 
	Long-Term disability

	 	•
	 	Accelerated vesting if disability occurs after 12/31/10, otherwise forfeit
	 
	 

	 	•
	 	3 years or expiration to exercise options






 


 









 





Please contact Eileen Beck (x4050) if you have questions.



	 	 	 	 	 
	 	Sincerely,

 	 
	 	/s/ Jeffrey D. Nickel
 	 
	 	Jeffrey D. Nickel 	 
	 	Senior Vice President, General Counsel & Secretary 	 



Enclosure

2006
Long-Term Incentive Plan





 


2
(8 Misc. Rep. 306.)

#### CRAWFORD v. REDDING.

(Common Pleas of New York City and County, General Term.

May 17, 1894.)

Landlord and Tenant—Liability for Rent—Dilapidation of Premises.

Where premises, held under a lease which covenants that the lessee will keep them in repair, become dilapidated by gradual decay, and not by any sudden disaster, the lessee is not relieved from paying rent.

*734Appeal from first district court.'

Action by Andrew Crawford against Henry Redding to recover rent. There was a judgment in favor of defendant, and plaintiff appeals. Reversed.

Argued before BOOKSTAVER, BISCHOFF, and PRYOR, JJ.

Howe & Hummel, for appellant.

B. W. Traitel, for respondent.

BOOKSTAVER, J.

There is no implied warranty in the lease-under consideration that the premises were fit for the purposes for which they were rented, while there is an express covenant on the part of the tenant that he will keep the premises in repair. The case is barren of any proof that the premises became untenantable by reason of any sudden disaster of any kind, but the testimony rather tends to show that they became dilapidated by gradual decay, which was one of the things the tenant undertook to guard against by his covenant in the lease. The judgment is therefore clearly erroneous, and it must be reversed, with costs to the appellant.
Addendum to ZEV Credits Agreement



 Exhibit 10.32A 
 Confidential Treatment Requested by Tesla Motors, Inc. 
  

			
	[Tesla Logo]	 	[[***] Logo]

 Addendum to ZEV
Credits Agreement 
 This Addendum to the ZEV Credits Agreement (“Agreement”) (“Addendum”) is made this
20th day of February 2009, between and [***], with its principal offices at [***] (“[***]”) and Tesla Motors, Inc., with its principal offices at 1050 Bing Street, San Carlos, California 94070 (“Tesla”) ([***] and Tesla are
individually a “Party” and together the “Parties”). All defined terms in the Agreement have the same meaning in this Addendum. 
 BACKGROUND AND PURPOSE 
  

	1.	The Parties have entered into the Agreement to transfer certain ZEV Credits earned, or to be earned, by Tesla to [***]. 

  

	2.	In the Agreement the Parties anticipate that certain confidential information may be disclosed to their respective employees, contractors, professional advisors,
consultants, or prospective investors. 

  

	3.	In order to ensure that any disclosed information remains confidential, the Parties have agreed that their respective employees, contractors, professional advisors,
consultants, and prospective investors shall have previously executed a document in which such persons have agreed to abide by confidentiality provisions prohibiting the disclosure of confidential information, 

 AGREEMENT 
 NOW THEREFORE, in consideration of the mutual promises contained herein and in the Agreement, and for other good and valuable consideration, the sufficiency of which is hereby 
 Prior to disclosing to any of their employees, contractors, professional advisors, consultants, or prospective investors (i) the terms
of the Agreement, or (ii) any information submitted under a grant of confidentiality (whether express, implied, or pursuant to statute or regulation) to ARB or any ZEV Agency pursuant to the terms of the Agreement, each Party shall confirm that
each such person who is expected to receive the confidential information to be disclosed has previously executed a written agreement which prohibits disclosure of such information to any other person. 
 [***] 
  

									
	 By:
	 	 /s/ [***]
	 		 	Date:	 	 2/20/2009

				
	 Name; [***], Title: [***]
	 		 		 	
				
	 Tesla Motors, Inc.
	 		 		 	
					
	 By:
	 	 /s/ Craig Harding
	 		 	Date:	 	 2/20/2009

			
	Name; Craig Harding, Title: General Counsel and Secretary	 		 	

  


	[***]	Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted
portions. 

  

					
		  	Page 1 of 1
<PAGE>
                                                                 EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement
No. 333-87422 of Duke Energy Field Services, LLC on Form S-3 of our report
dated  March 15, 2004, (which report expresses an unqualified opinion and
includes an explanatory paragraph as to the Company's change in its method of
accounting for asset retirement obligations to conform to Statement of Financial
Accounting Standards (SFAS) No. 143, Accounting for Asset Retirement
Obligations; the Company's change in its method of accounting for energy
trading contracts that do not meet the definition of a derivative under SFAS
No. 133, Accounting for Derivative Instruments and Hedging Activities, and
trading inventories that previously had been recorded at fair value to conform
to Emerging Issues Task Force Issue 02-03, Issues Involved in Accounting for
Derivative Contracts Held for Trading Purposes and Contracts Involved in Energy
Trading and Risk Management Activities in 2003; the Company's change in its
method of accounting for goodwill to conform to SFAS No. 142, Goodwill and
Other Intangible Assets in 2002 and the Company's change in its method of
accounting for derivative instruments and hedging activities to conform to
SFAS No. 133, Accounting for Derivative Instruments and Hedging Activities in
2001), appearing in this Annual Report on Form 10-K of Duke Energy Field
Services, LLC for the year ended December 31, 2003.



Denver, Colorado
March 15, 2004
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.                  

###### Commission on Civil Rights

Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights, that a meeting of the Kansas Advisory Committee to the Commission will convene at 10 a.m. and adjourn at 1 p.m. on May 3, 2001, at the Ramada Hotel at Broadview Place, 400 West Douglas, Wichita, Kansas. The purpose of the meeting is to plan future activities.

Persons desiring additional information, or planning a presentation to the Committee, should contact Melvin L. Jenkins, Director of the Central Regional Office, 913-551-1400 (TDD 913-551-1414). Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting.

The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission.

Dated at Washington, DC, April 20, 2001.

Edward A. Hailes, Jr.,

General Counsel.

[FR Doc. 01-10277 Filed 4-24-01; 8:45 am]

BILLING CODE 6335-01-P
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 11-16

IN RE: COURT CLOSURE ON FRIDAY, DECEMBER 23, 2016, AND FRIDAY, DECEMBER 30, 2016.

O R D E R

By direction of the Chief Judge, the United States Court of Appeals for Veterans Claims will

be closed on Friday, December 23, 2016, and Friday, December 30, 2016.

For purposes of computation and extension of time under the Court's Rules of Practice and

Procedure, Friday, December 23, 2016, and Friday, December 30, 2016, will be considered days

when the Court is closed. See U.S. VET. APP. R. 26(a)(1).

DATED: November 8, 2016 FOR THE COURT:

/s/ Gregory O. Block

GREGORY O. BLOCK

Clerk of the Court
<PAGE>

                                                                    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 Annual Report of Duke Energy Field Services, LLC (the
"Company") on Form 10-K for the period ending December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Rose M. Robeson, 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:

                  (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/ Rose M. Robeson
--------------------------------------------
Rose M. Robeson
Vice President and Chief Financial Officer
March 15, 2004
<PAGE>

                                                                    Exhibit 99.2

                      [KPMG Peat Marwick LLP Letterhead]


                        INDEPENDENT ACCOUNTANTS' REPORT

Board of Directors
Headlands Mortgage Company:

We have examined management's assertion about Headlands Mortgage Company's (the
Company) compliance with the minimum servicing standards set forth in the
Mortgage Bankers Association of America's (MBA's) Uniform Single Attestation
Program for Mortgage Bankers (USAP) as of and for the year ended December 31,
1998 included in the accompanying management assertion.  Management is
responsible for the Company's compliance with those minimum servicing standards.
Our responsibility is to express an opinion on management's assertion about the
Company's compliance based on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances.  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 minimum servicing
standards.

In our opinion, management's assertion that the Company has complied in all
material respects with the aforementioned minimum servicing standards as of and
for the year ended December 31, 1998 is fairly stated, in all material respects.

San Francisco, California
February 2, 1999

                                           /s/  KPMG Peat Marwick LLP

                                      10
<PAGE>

                [HEADLANDS MORTGAGE SECURITIES INC. LETTERHEAD]



As of and for the year ended December 31, 1998, Headlands Mortgage Company (the
"Company") has complied in all material respects with the minimum servicing
standards set forth in the Mortgage Bankers Association of America's Uniform
Single Attestation Program for Mortgage Bankers.  As of and for this same
period, the Company had in effect a fidelity bond and errors and omissions
policy both in the amount of $6.6 million.



                                        HEADLANDS MORTGAGE COMPANY



                                        By: /s/ Dennis Tussey
                                            -----------------
                                            Dennis Tussey
                                            Senior Vice President, Loan
                                              Administration

                                      11