alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
99.8  DeGolyer
and MacNaughton 5001 Spring Valley Road Suite 800 East Dallas, Texas 75244  February 17,
2006   EnCana Corporation 1800-855 2ndStreet SW Calgary, Alberta, Canada T2P2S5  Ladies and Gentlemen:  We
hereby consent to the use of the name DeGolyer and MacNaughton and reference to
our name and our "Appraisal Report as of December 31, 2005 on Certain
Properties owned by EnCana Oil & Gas USA Inc. SEC Case" (our Report)
evaluating a portion of EnCana Corporation's petroleum and natural gas reserves
as of December 31, 2005, and the information contained in our Report, as
described or incorporated by reference in: (1) EnCana Corporation's Annual
Report on Form 40-F for the year ended December 31, 2005,
(2) EnCana Corporation's and EnCana Holdings Finance Corp.'s registration
statement on Form F-9 (File No. 333-113732), (3) EnCana
Corporation's registration statement on Form F-9 (File
No. 333-118737), and (4) EnCana Corporation's registration statements
on Form S-8 (File Nos. 333-124218, 333-13956, and 333-85598), filed with
the United States Securities and Exchange Commission pursuant to the Securities
Exchange Act of 1943, as amended.  Very truly yours,/s/ DeGOLYER and
  MacNAUGHTONDeGOLYER and MacNAUGHTON
Exhibit 12.1  FIVE STAR QUALITY CARE, INC. Computation of Ratio of Earnings to Fixed Charges (in thousands except ratios)  Year ended December 31,2009
  
  2008
  
  2007
  
  2006
  
  2005Consolidated earnings (loss)
  
  $
  176,728
  
  $
  129,645
  
  $
  134,916
  
  $
  (19,153
  )
  $
  (5,604
  )Consolidated fixed charges
  
  135,275
  
  127,638
  
  107,494
  
  90,612
  
  74,473Ratio of consolidated earnings to fixed charges
  
  1.3x
  
  1.0x
  
  1.3x
  
  N/M
  
  N/MDeficiency
  
  
  
  
  
  
  
  109,765
  
  80,077Calculation of consolidated earnings (loss):Consolidated income (loss) from continuing
  operations before income tax
  
  $
  41,453
  
  $
  2,007
  
  $
  27,422
  
  $
  (109,765
  )
  $
  (80,077
  )Consolidated fixed charges
  
  135,275
  
  127,638
  
  107,494
  
  90,612
  
  74,473Consolidated earnings (loss)
  
  $
  176,728
  
  $
  129,645
  
  $
  134,916
  
  $
  (19,153
  )
  $
  (5,604
  )Calculation of fixed charges:Interest expense
  
  $
  4,235
  
  $
  6,070
  
  $
  6,335
  
  $
  3,791
  
  $
  3,045Estimated interest component of rent expense
  
  130,910
  
  121,301
  
  100,692
  
  86,248
  
  70,841Amortization of debt discounts / premium
  
  
  
  34
  
  49
  
  191
  
  193Amortization of capitalized deferred finance costs
  
  130
  
  233
  
  418
  
  382
  
  394Fixed charges
  
  $
  135,275
  
  $
  127,638
  
  $
  107,494
  
  $
  90,612
  
  $
  74,473
Exhibit 13.2



MTR Corporation Limited



Certification



Pursuant to 18 U.S.C. § 1350, the undersigned, Lincoln K.K. Leong, Finance Director of MTR Corporation Limited (the Company), hereby
certifies, to his knowledge, that the Companys annual report on Form 20-F for the year ended December 31, 2004 (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 17, 2005

/s/ Lincoln K.K. LeongName:

Lincoln K.K. LeongTitle:

Finance Director




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 32.2  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003 (18 U.S.C. SECTION 1350)  In connection with the Quarterly Report of Fero Industries INC., a Colorado corporation (the "Company"), on Form 10-Q for the quarter ended
September 30,2009, as filed with the Securities and Exchange Commission (the "Report"), Kyle Schlosser, Chief Executive Officer, Chief Financial Officer of the Company do hereby certify, pursuant to 906 of the Sarbanes-Oxley Act of 2003 (18 U.S.C.  1350), that to their 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 result of operations of the Company.  /s/ Kyle Schlosser Kyle Schlosser, President and Chief Executive Officer  /s/ Leigh-Ann Squire Leigh-Ann Squire, Secretary/Treasurer, Chief Financial Officer and Principal Accounting Officer  November
12, 2009  A signed original of this written statement required by Section 906 has been provided to Capital Resource Alliance Inc. and will be retained by Capital Resource Alliance Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
---

EXHIBIT 32.2

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

In connection with the quarterly report of Lincoln Mining Corp. (the Company) on Form 10-QSB for the nine months ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, John Pulos, Chief Financial Officer of Lincoln Mining Corp., certify, pursuant to 18 U.S.C. §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 result of operations of the Company.

|Date: May 20, 2008 | /s/ John Pulos                      | 
|------------------ | ----------------------------------- | 
|                   | John Pulos, Chief Executive Officer | 

---
**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

Washington, D.C. 20549

 

**FORM 10‐Q**

 

[X] QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the quarterly period ended September 30, 2009

 

[   ] TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE EXCHANGE ACT

 

For the transition period from __________ to __________

 

Commission File Number 000-52790

                                           

PMI Construction Group

(Exact name of registrant as specified in its charter)

 

(801) 718-7732

 (Registrant’s telephone number, including area code)

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.                                                       

                        Yes [X]   No [   ]

 

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).  The registrant has not been phased into the Interactive Data reporting system.

                        Yes [  ]    No  [  ]

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company.  See definitions of “large accelerated filer,” “accelerated filer,” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.

 

                

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).

                         Yes [X]   No [  ]

 

Indicate the number of shares outstanding of each of the issuer’s classes of common equity, as of the latest practicable date.

 

17,300,709 shares of $0.001 par value common stock on October 23, 2009

----
Exhibit 32.2

CERTIFICATION

In connection with the periodic report of Abraxis BioScience, Inc. (the
Company) on Form 10-Q for the quarterly period ended March 31, 2008 as filed with the Securities and Exchange Commission (the Report), I, Lisa Gopalakrishnan, Chief Financial Officer of the Company, hereby certify
as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 15, 2008

/s/ LISA GOPALAKRISHNANLisa Gopalakrishnan Chief Financial
Officer


This certification accompanies this 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.
Dismiss and Opinion Filed August 11, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-22-00478-CR

No. 05-22-00485-CR

PAUL EUGENE WARNER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F16-33925-R & F16-21861-R

MEMORANDUM OPINION

Before Justices Schenck, Osborne, and Smith

Opinion by Justice Osborne

Before the Court are appellant’s August 1, 2022 motions to dismiss these 

appeals. The motions comply with rule 42.2. See TEX. R. APP. P. 42.2(a). We grant 

the motions and dismiss these appeals.

220478f.u05

220485f.u05

Do Not Publish

TEX. R. APP. P. 47.2(b)

/Leslie Osborne//

LESLIE OSBORNE

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

PAUL EUGENE WARNER, 

Appellant

No. 05-22-00478-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial 

District Court, Dallas County, Texas

Trial Court Cause No. F16-33925-R.

Opinion delivered by Justice 

Osborne. Justices Schenck and Smith 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered this 11th day of August, 2022.
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

PAUL EUGENE WARNER, 

Appellant

No. 05-22-00485-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial 

District Court, Dallas County, Texas

Trial Court Cause No. F16-21861-R.

Opinion delivered by Justice 

Osborne. Justices Schenck and Smith 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered this 11th day of August, 2022.
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 Homeland Resources Ltd. (the “Company”)
on Form 10-QSB for the period ending January 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Armando
Garcia, Chief Executive Officer 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.





Date:  March
14, 2008








/s/ Armando
Garcia


Armando
Garcia,


President,
Secretary & Treasurer


(principal
executive and financial officer)
<PAGE>
                                                                    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 on Form 10-K of Applix, Inc. (the
"Company") for the fiscal year ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Milton A. Alpern, Chief Financial Officer and Treasurer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; 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: March 31, 2006                       /s/ Milton A. Alpern
                                           -------------------------------------
                                           Milton A. Alpern
                                           Chief Financial Officer and Treasurer
[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Notices]
[Page 30218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14050]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Toxic Substances and Disease Registry


Medical Testing Associated With Exposure to Asbestos; Meeting

    The Agency for Toxic Substances and Disease Registry (ATSDR), 
Division of Health Studies (DHS) announces the following meeting:

    Name: Medical Testing Associated with Exposure to Asbestos.
    Times and Dates: 10:00 a.m.-6:00 p.m., June 18, 2001; 8:30 a.m.-
5:00 p.m., June 19, 2001.
    Place: Sheraton Buckhead Hotel; 3405 Lenox Road; Atlanta, GA 
30326.
    Status: Open to the public, limited only by the space available.
    Purpose: This is a working group meeting to discuss issues 
related to initial and follow-up testing of persons with 
environmental and historic occupational exposure to asbestoform 
materials from vermiculite mined in Libby, MT.
    Matters To Be Discussed: The agenda will include a discussion on 
the routes and duration of exposure to asbestoform materials through 
both historic environmental and occupational routes; commonly 
conducted screening tests; frequency and periodicity of follow-up 
testing; use of standard testing procedures; and testing of special 
and/or sensitive populations.
    Agenda items are subject to change as priorities dictate.
    Contact Person for More Information: Jeffrey A. Lybarger, M.D., 
director, Division of Health Studies, ATSDR, 1600 Clifton Road, NE, 
m/s E31, Atlanta, Georgia 30333. Telephone 404/639-6200.
    The Director, Management Analysis and Services office has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities for both the Centers for Disease Control and Prevention 
and the Agency for Toxic Substances and Disease Registry.

    Dated: May 24, 2001.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 01-14050 Filed 6-4-01; 8:45 am]
BILLING CODE 4163-70-P
#### UNITED STATES of America, Plaintiff-Appellee, v. David Panther HERRERA, Defendant-Appellant.

No. 09-30101.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 2010.*

Filed April 21, 2010.

Anthony G. Hall, Esquire, Assistant U.S., Christian S. Nafzger, Esquire, Assistant U.S., Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee.

Elisa G. Massoth, Esquire, Ketlinski, Massoth, Rebholtz & Soper, PLLC, Caldwell, ID, for Defendant-Appellant.

Before: RYMER, MCKEOWN, and PAEZ, Circuit Judges.

*

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

MEMORANDUM **

David Panther Herrera appeals from his guilty-plea conviction and 120-month sentence imposed for unlawful possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Herrera contends that his guilty plea is invalid because the district court did not adequately confirm the factual basis for his plea. The district court did not err pursuant to Fed.R.Crim.P. 11(b)(3) because both Herrera and his counsel agreed with the government’s factual summary. *See United States v. Rivera-Ramirez,*715 F.2d 453, 458 (9th Cir.1983); *see also United States v. Covian-Sandoval,*462 F.3d 1090, 1093 (9th Cir.2006).

Herrera also contends that the district court violated his constitutional rights by enhancing his sentence pursuant to U.S.S.G. § 2K1.2(b)(4)(B) and (b)(6) based on judge-found facts. The district court did not err because Herrera was not sentenced above the statutory maximum. *See United States v. Raygosa-Esparza,*566 F.3d 852, 855 (9th Cir.2009). Herrera’s alternate contention that the district court erred by not applying the clear and convincing evidence standard also lacks merit. *See United States v. Grajeda,*581 F.3d 1186, 1189 (9th Cir.2009) (stating that an uncontroverted pre-sentence report satisfies this standard).

*603Herrera asserts that his sentence is substantively unreasonable because, among other things, the district court did not give adequate weight to his mitigating factors. Considering the totality of the circumstances, the below-guidelines sentence is substantively reasonable. *See Gall v. United States,*552 U.S. 88, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); *see also United States v. Carty,*520 F.8d 984, 991— 93 (9th Cir.2008) (en banc).

We grant Herrera’s motion to take judicial notice of specified state court documents, see Fed.R.Evid. 201, and deny Herrera’s motion to submit supplemental briefing on an issue that was not raised before the district court or in his opening brief. *See United States v. Ullah,*976 F.2d 509, 514 (9th Cir.1992).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# Ch 5 Table
EXHIBIT 10.18




<PAGE>


                                                                   Exhibit 10.18


SECOND  ADDENDUM  TO LEASE DATED JULY 6, 1994,  BY AND  BETWEEN  H-K  ASSOCIATES
(LESSOR)  AND  VIDEONICS,  INC.  (LESSEE)  FOR  PREMISES  AT 1370  DELL  AVENUE,
CAMPBELL, CALIFORNIA 95008.

  Whereas Lessee desires to renew its above referenced Lease,  Lessor and Lessee
  agree to the following changes and additions for a new lease term.

  55.  PREMISES:
       Premises consist of 27,500 square feet of space.

  56.  TERM:
       The term of the Lease shall be for three (3) years,  commencing August 1,
       1999, and ending July 31, 2002.

  57.  RENT:
       Rent shall be based on a NNN Lease as per the Following:
       First  year - $1.25 per square foot per month.
       Second year - $1.30 per square foot per month.
       Third year - $1.35 per square foot per month.

 58.   RIGHT TO RENEW LEASE:
       Lessee  shall have the right to renew this Lease for two 1-year  periods.
       Lessee shall give Lessor  written notice of' its intent to renew not Less
       than 180 days prior to the  expiration  of the Lease Rent for the renewal
       shall be as follows:
       First renewal - $1.40 NNN per square foot per month.
       Second renewal - 1.45 NNN per square foot per month.

59.   SECURITY DEPOSIT:
      Lessee shall  deposit with Lessor an  additional  amount of  $27,050.00 as
      security  for  Lessee's  faithful   'performance  of  Lessee's  obligation
      hereunder. The payment of the added deposit shall be as follows:
      May 1, 1999, $7,050.00.
      September 30, 1999, $5,000.00.
      December 31, 1999, $5,000.00.
      March 31, 2000, $5,000.00.
      June 30, 2000, $5,000.00.
      This will bring Lessee's total security deposit to $37,125.00.

60.   OCCUPANCY:
      Whereas Lessee  presently  occupies the Premises,  Lessee agrees to accept
      said Premises in their present state and condition.


<PAGE>


61. CANCELLATION OPTION AND BUY OUT:

      Lessee shall have the option to cancel this Lease, provided,  Lessee gives
      Lessor a minimum of 180 days written notice prior to canceling said Lease.
      The cost to Lessee to cancel the Lease shall be as  follows:
      a. To cancel  during  the  period of months one (1)  through  twelve  (12)
         Lessee shall pay to Lessor an amount equal to three (3) months rent.


By: /s/ Neil Hamm                           By: /s/ James McNeill
    -------------                               -----------------
Date: 4/27/99                               Date: 4/27/99
<PAGE>

                                 SECOND AMENDMENT
                                        TO
                               EMPLOYMENT AGREEMENT
                                     BETWEEN
                           WESTERN STAFF SERVICES, INC.
                                       AND
                                W. ROBERT STOVER


     The Employment Agreement by and between Western Staff Services, Inc. 
("Employer") and W. Robert Stover ("Employee") is hereby amended as follows 
effective August 14, 1997.

     1.  Section 4(b) is hereby reinstated in its entirety as follows:

         "(b) In the event of Employee's death, his widow (or his estate 
         if there is no surviving widow) shall be entitled to receive an 
         amount equal to three times the annual compensation then in effect, 
         payable in equal monthly installments over the following five (5) 
         year period."


     All other terms and conditions of the above-referenced Employment 
Agreement shall remain in full force and effect unless otherwise amended 
herein.


EMPLOYER:

Western Staff Services, Inc.


By:  /s/ Michael K. Phippen
     -------------------------------------
     Michael K. Phippen
     President and Chief Operating Officer



By:  /s/ Paul A. Norberg
     -------------------------------------
     Paul A. Norberg
     Executive Vice President and Chief Financial Officer



EMPLOYEE:

  /s/ W. Robert Stover
--------------------------------
W. Robert Stover
Exhibit 32.1
 
 Section 1350 Certification
 
 The following statement is provided by the undersigned to accompany the Form 10-Q of Bridgeton Global Directional Fund, LP pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350).
 
 The undersigned certifies that the foregoing Report on Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Bridgeton Global Directional Fund, LP
 Date: August 15, 2011
/s/ Stephen J. RosemeStephen J. RosemeChief Executive, Principal Executive Officer and Principal Financial Officer of Bridgeton Fund Management, LLC, the general partner of Bridgeton Global Directional Fund, LP