alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-2.htm


    Exhibit 10.2

     

    
      
        	
                  Exobox
      Technologies

                    Security
      Beyond the EnterpriseTM

              	
                2121
      Sage Road, Suite 200

                Houston,
      Texas 77056

                Phone  713.625.7800

                Fax  713.625.7890

              


      

    

    April 7,
2010

    


    Mr.
Michael S. Studdard, Chairman

    Mr. Floyd
H. Griffith, Director

    Exobox
Technologies Corp.

    2121  Sage
Road, Suite 200

    Houston,
Texas 77056

    


    Gentlemen:

    


         With
this letter, I hereby resign as Vice President, Chief Financial Officer,
Secretary and Treasurer of Exobox Technologies Corp (“Exobox”), effective at
5:00 p.m. on April 7, 2010. I have no disagreements with Exobox on any
accounting or legal policy, or principle or practice.

    


    
      	 
      	
              Sincerely,

            
	 
      	 
      
	 
      	 
      
	 
      	
              /s/ Michael G.
      Wirtz

            
	 
      	
              Michael
      G. Wirtz
Opinion issued July 25, 2024

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 24
- 00 267
- CV

——————————— IN RE 987 INVESTMENTS LLC, TATONDUK OUTFITTERS, LTD. D/B/A EVERTS AIR, JAJWK LP, SHADOW CREEK ESTATES LTD. D/B/A J ALAN KENT DEVELOPMENT, JULIE W. KENT, JAMES A
. KENT, THE

ESTATE OF ELI ROHL, AND J.J. REED , Relator s
Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION
Relator s , 987 Investments LLC, Tatonduk Outfitters, Ltd. , doing business as Everts Air, Jajwk LP, Shadow Creek Estates Ltd. , doing business as J Alan Kent Development, Julie W. Kent, James A

. Kent, the Estate of Eli Rohl, and J.J. Reed , (collectively, “relators”), ha ve filed a petition for a writ of mandamus, challenging2

the trial court’s “[ o]rder denying [their] motion for independent medical
examinations of

” real parties in interest, Jason Berger and Rex Roediger. 1 Relators have now filed a Notice of Withdrawal and Voluntary Dismissal of their petition for writ of mandamus, stating that “ the trial court [ha d ] signed [certain] agreed order[s] as to the [Texas] Rule [of Civil Procedure] 204.1 examination [s] of ” Roediger and Berger. 2 Relators assert that “entry of the [] agreed orders renders [their] [mandamus] [p]etition moot, ” and th us , “ they [request to] withdraw [] their [p]etition and agree to its voluntary dismissal.” See In re Jackson , No. 01

- 12

- 00020

- CV, 2012 WL 405707, at *1 (Tex. App.

— Houston [1st Dist.] Feb. 9, 2012, orig. proceeding) (mem. op.) (dismissing mandamus petition as moot after relator received relief requested) ; see also T EX
. R. A PP
. P. 52.8(a). Relators ’ motion does not include a certificate of conference, but more than ten days have passed since the motion was filed, and no party has opposed the relief requested in the motion. See
T EX
. R. A PP
. P. 10.1(a)(5), 10.3(a)(2)

. Accordingly, we grant the motion and dismiss the petition for writ of
mandamus . We dismiss any other pending motions as moot.

1 The underlying case is Rex Roediger and Jason Berger v. 987 Investments LLC, Tatonduk Outfitters, Ltd. d/b/a/ Everts Air, Jajwk , LP, Shadow Creek Estates , Ltd. doing business as J Alan Kent Development, Julie W. Kent, James A

. Kent, Eli Rohl, and J.J. Reed , Cause No. 2022

- 08921 , in the 189th District Court o f Harris County, Texas, the Honorable Tamika Craft

- Demming presiding.
2 We treat relators’ Notice of Withdrawal and Voluntary Dismissal as a motion to dismiss the ir petition for writ of mandamus as moot.3 PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.
[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Page 21036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10380]


=======================================================================
-----------------------------------------------------------------------

TENNESSEE VALLEY AUTHORITY


Meeting of the Regional Resource Stewardship Council

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Notice of meeting.

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

SUMMARY: The Regional Resource Stewardship Council (Regional Council) 
will hold a meeting to consider various matters. Notice of this meeting 
is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2, 
(FACA).
    The meeting agenda includes the following/briefings:
    1. Continuation of aquatic plant management policy recommendation 
discussion.
    2. Continuation of integrated management of the Tennessee River 
system recommendation discussion.
    3. Recommendation from the public lands subcommittee on a public 
lands management policy.
    4. Public comments.
    5. Presentation on federal financing bank refinancing legislation 
and a deregulation overview.
    6. Planning for future meetings.
    It is the Regional Council's practice to provide an opportunity for 
members of the public to make oral public comments at its meetings. 
Public comment session is scheduled from 1-2 p.m. EDT. Members of the 
public who wish to make oral public comments may do so during the 
Public comments portion of the agenda. Up to one hour will be allotted 
for the Public comments with participation available on a first-come, 
first-served basis. Speakers addressing the Council are requested to 
limit their remarks to no more than 5 minutes. Persons wishing to speak 
register at the door and are then called on by the Council Chair during 
the public comment period. Hand-out materials should be limited to one 
printed page. Written comments are also invited and may be mailed to 
the Regional Resource Stewardship Council, Tennessee Valley Authority, 
400 West Summit Hill Drive, WT 11A, Knoxville, Tennessee 37902.

DATES: The meeting will be held on Friday, May 18, 2001, from 8 a.m. to 
4 p.m. EDT.

ADDRESSES: The meeting will be held in Knoxville, Tennessee, at the 
Tennessee Valley Authority headquarters located at 400 West Summit Hill 
Drive, Knoxville, Tennessee 37902, and will be open to the public. 
Anyone needing special access or accommodations should let the contact 
below know at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Sandra L. Hill, 400 West Summit Hill 
Drive, WT 11A, Knoxville, Tennessee 37902, (865) 632-2333.

    Dated: April 18, 2001.
Kathryn J. Jackson,
Executive Vice President, River System Operations & Environment, 
Tennessee Valley Authority.
[FR Doc. 01-10380 Filed 4-25-01; 8:45 am]
BILLING CODE 8120-08-P
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 01-1277

PHILIP SELLENS, APPELLANT,

 V.

ANTHONY J. PRINCIPI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before IVERS, Chief Judge, and GREENE and KASOLD, Judges.

O R D E R

On July 19, 2004, in a single-judge order, the Court vacated the June 20, 2001, decision of

the Board of Veterans' Appeals that declined to reopen claims for service connection for a low back

condition and bilateral hearing loss, and remanded the matter. 

On August 9, 2004, the Secretary filed a timely motion for reconsideration or, in the

alternative, for a panel decision pursuant to Rule 35(b) of the Court's Rules of Practice and

Procedure. On September 14, 2004, the Court denied the motion for reconsideration and referred

the alternative motion for a panel decision to a panel for disposition. 

Upon consideration of the foregoing, the record on appeal, and the parties' prior pleadings,

it is

ORDERED that the motion for a panel decision is denied.

DATED: November 30, 2004 PER CURIAM.

KASOLD, Judge, dissenting: I respectfully dissent from the denial of the Secretary's motion

for panel consideration in this case. The Secretary persuasively argues that the Court erred when it

found that he failed to provide the statutory notice required by section 5103(a), title 38, United States

Code, and that the Court should not have vacated the decision of the Board of Veterans' Appeals

(Board) and remanded the matter for readjudication.

Succinctly stated, the record supports the finding by the Board that the Secretary notified Mr.

Sellens that his claim could be reopened only if he presented new and material evidence. See Record

(R.) at 3-4, 737, 784, 797; Supplemental R. at 1-2. The record also shows that the Secretary defined

what type of evidence would be considered new and material. Id. Although the Secretary did not

notify Mr. Sellens of what evidence the Secretary would attempt to obtain, the duty to notify is not

absolute. Notice is only required if the Secretary is going to actually attempt to obtain information
2

or evidence. See 38 U.S.C. § 5103(a) (Secretary is required to "indicate which portion of that

information or evidence, if any, is to be provided by the claimant and which portion, if any, the

Secretary . . . will attempt to obtain") (emphasis added). 

Even assuming arguendo that it was error for the Secretary to fail to provide notice of what

information or evidence he would attempt to obtain, I cannot fathom any prejudice to Mr. Sellens.

See 38 U.S.C. § 7261(b)(2) (Court "shall . . . take due account of the rule of prejudicial error"); see

also Marciniak v. Brown, 10 Vet.App. 198, 201 (1997) (indicating appellant must allege and

demonstrate prejudice or Court will conclude a procedural error is harmless); Parker v. Brown,

9 Vet.App. 476, 481 (1996) (same). The notice Mr. Sellens received clearly informed him that he

had to submit new and material evidence to have his claim reopened. Accordingly, I believe Mr.

Sellens' appeal should have been decided on the merits.

For the foregoing reasons, I respectfully dissent.
BB IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21 - 0563 STATE OF MONTANA,

Plaintiff and Appellee , v. KASEY NICHOL HUGS ,

Defendant and Appellant .

**ORDER** Upon consideration of Appellee’s motion for a 30 - day extension of time, and good cause appearing therefor, IT IS HEREBY ORDERED that Appellee is granted an extension of time to and including Septe mber 28 , 2023 , within which to prepare, file, and serve the State’s response brief

.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 22 2023

08/22/2023

Case Number: DA 21-0563
EXHIBIT 32



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 Sybron Dental Specialties, Inc. (the Company) on Form 10-K for the period ended September 30, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Floyd W. Pickrell, Jr., Chief Executive Officer of the Company, and I, Gregory D. Waller, 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.



/S/    FLOYD W. PICKRELL,
JR.Floyd W. Pickrell, Jr.Chief Executive OfficerDecember 14, 2004




/S/    GREGORY D.
WALLERGregory D. WallerChief Financial OfficerDecember 14, 2004




This certification accompanies
this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
exv10w6xay





Exhibit 10.6(a)


June 9, 2009


Aspect Capital Ltd.

Nations House — 8th Floor

103 Wigmore Street

London W1U 1QS, U.K.


Attention: Mr. Anthony Todd


     Re: Management Agreement Renewals


Dear Mr. Todd:

We are writing with respect to your management agreements concerning the commodity pools to which
reference is made below (the “Management Agreements”). We are extending the term of the Management
Agreements through June 30, 2010 and all other provisions of the Management Agreements will remain
unchanged.



	 	•	 	Citigroup Global Diversified Futures Fund L.P.
	 
	 	•	 	Citigroup Diversified 2000 Futures Fund L.P.
	 
	 	•	 	Citigroup Diversified Futures Fund L.P.
	 
	 	•	 	CMF Aspect Master Fund L.P.
	 
	 	•	 	CMF Institutional Futures Portfolio LP
	 
	 	•	 	Citigroup Global Futures Fund Ltd.




Please acknowledge receipt of this modification by signing one copy of this letter and returning it
to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have any
questions I can be reached at 212-559-5046.



Very truly yours,




	 	 	 	 	 
	CITIGROUP MANAGED FUTURES LLC

 	 
	By:  	/s/ Jennifer Magro
 	 
	 	Jennifer Magro 	 
	 	Chief Financial Officer & Director 	 
	 	 
	By:  	/s/ Simon Rockall
 	 
	  	Print Name: Simon Rockall
 	 




JM/sr
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 98-57

CATHERINE A. OZER, APPELLANT,

 V.

ANTHONY J. PRINCIPI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before HOLDAWAY, IVERS, and STEINBERG, Judges.

O R D E R

In a February 6, 2001, opinion, the Court reversed a September 1997 Board of Veterans'

Appeals (Board) decision that had denied Department of Veterans Affairs (VA) dependents'

educational assistance (DEA) benefits, and the Court remanded the matter for readjudication. Ozer

v. Principi, 14 Vet.App. 257, 258 (2001). In its opinion, the Court invalidated , as inconsistent with

statutory authority (38 U.S.C. § 3512), a regulation (38 C.F.R. § 21.3046(c) (2000)) that the Board

had applied to deny the DEA benefits sought by the appellant. Id. at 264. The appellant

subsequently filed, through counsel, an application for an award of attorney fees and expenses under

the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA); the Secretary filed a response, and the

appellant filed a reply thereto. The Secretary does not contest the appellant's EAJA application on

the basis of any jurisdictional requirements, and the Court holds that the application satisfies all such

requirements. See 28 U.S.C. § 2412(d)(1)(B); Scarborough v. Principi, 273 F.3d 1087, 1092-93

(Fed. Cir. 2001). 

The Secretary contends that his position was substantially justified at both the administrative

and litigation stages in the merits case, and the appellant disagrees. In discussing in their briefs

whether the Secretary was substantially justified at the administrative stage, both parties address

whether the Board was substantially justified in relying on the now-invalidated regulation. Neither

party, however, addresses whether the Secretary was substantially justified in prescribing that

regulation. See Felton v. Brown, 7 Vet.App. 276, 286 (1994) (determining that "steps that led to

VA's promulgation of the regulation (i.e., the prelitigation conduct) [were] substantially justified");

id. at 288-89 (Steinberg, J., dissenting) (addressing that question but concluding to the contrary).

The Court finds that further briefing is necessary on this question.

Upon consideration of the foregoing, it is

ORDERED that, not later than 30 days after the date of this order, the Secretary file, and

serve on the appellant, a memorandum of law addressing the above question. It is further
2

ORDERED that, not later than 30 days after service of the Secretary's memorandum, the

appellant file, and serve on the Secretary, a memorandum of law in response to the Secretary's

memorandum and to this order. Amicus curiae, the National Organization of Veterans Advocates,

may file a memorandum of law in the same period of time afforded to the appellant. 

DATED: April 24, 2002 PER CURIAM.
#### People, Respondent, *v.*Richardson, Appellant.

*(Supreme*Court, *General Term, Fourth Department.*

May 2, 1890.)

No opinion. Conviction, order, and judgment reversed, and a new trial ordered in the court of sessions, Schuyler county, to which court the case is remitted, the evidence being insufficient to sustain the verdict.
EXHIBIT 32.2

CERTIFICATION OF 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 Annual Report on Form 10-K of Broadwind Energy, Inc. (the "Company") for the year
ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stephanie K. Kushner, Chief Financial Officer of the Company, certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



March 16,
2011

/s/ STEPHANIE K. KUSHNER Stephanie K. Kushner
Chief Financial Officer (Principal Financial Officer)


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

A
signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.

---



QuickLinks
Exhibit 32.1

                    Bingham Canyon Corporation

                 CERTIFICATION OF PERIODIC REPORT
    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                      18 U.S.C. Section 1350

The undersigned officer of Bingham Canyon Corporation certifies pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

..    the annual report on Form 10-KSB of the Company for the year ended
     December 31, 2004 fully complies with the requirements of Section 13(a)
     or 15(d) of the Securities Exchange Act of 1934; and

..    the information contained in the Form 10-KSB fairly presents, in all
     material respects, the financial condition and results of operations of
     the Company.



Date:   March 25, 2005
                                     /s/ Brett D. Mayer
                                     ____________________________________
                                     Brett D. Mayer
                                     Principal Executive Officer
                                     Principal Financial Officer
----

|   |                                                                                                                                                                                                                                                                            |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 1.     | The Company’s Annual Report on Form 10-K for the year ended September 30, 2009, to which this Certification is attached as Exhibit 32.1 (the “Annual Report”) fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, and |
|   |                                                                                                                                                                                                                                                                            |
| 2.     | The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                     |

|                    |   |   |                    |   |
|-------------------------|--------|--------|-------------------------|--------|
| /s/ J.K. Hullett        |   | /s/    |  John Powers       |   |
| J.K. Hullett            |   |   | John Powers             |   |
| Chief Financial Officer |   |   | Chief Executive Officer |   |
EXHIBIT 31.2 -- CERTIFICATION

         I, Alberto DiBella, certify that:

         1. I have reviewed this report on Form 10-QSB of Enviro Voraxial
Technology, Inc.;

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

         4. The registrant's other certifying officer(s) 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 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(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrant's auditor and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):

            (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: May 14, 2005

/s/ Alberto DiBella
-------------------
Alberto DiBella
Principal Financial Officer