alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER

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

The undersigned, Richard Beltzhoover, the Principal Executive Officer of Omnicity Corp., and Donald M Prest, the Principal Financial Officer of Omnicity Corp., each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Quarterly Report on Form 10-Q of Omnicity Corp. for the quarterly period ended April 30, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Omnicity Corp.

Date:  June 15, 2009/s/ Richard Beltzhoover 
Richard Beltzhoover
Chairman, Chief Executive Officer and a director 
(Principal Executive Officer)



/s/ Donald M. Prest 
Donald M. Prest
Chief Financial Officer and a director 
(Principal Financial Officer)



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to Omnicity Corp. and will be retained by Omnicity Corp. and furnished to the Securities and Exchange Commission or its staff upon request.

__________
I 

111TH CONGRESS 

1ST SESSION H. R. 952 

To amend title 38, United States Code, to clarify the meaning of ‘‘combat 

with the enemy’’ for purposes of service-connection of disabilities. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. HALL of New York (for himself, Ms. BORDALLO, Mr. HINCHEY, Mr. 

HARE, Mr. CROWLEY, Mr. COURTNEY, Mr. DELAHUNT, Mr. KAGEN, Mr. 

GRIJALVA, Mr. BLUMENAUER, Ms. WOOLSEY, Mr. RODRIGUEZ, Ms. 

MCCOLLUM, Mr. MCDERMOTT, Ms. KAPTUR, Mrs. NAPOLITANO, Mr. 

DONNELLY of Indiana, and Mr. NYE) introduced the following bill; which 

was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to clarify the meaning of ‘‘combat with the enemy’’ for purposes of serviceconnection of disabilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compensation Owed 

5 for Mental Health Based on Activities in Theater Post6 traumatic Stress Disorder Act’’ or the ‘‘COMBAT PTSD 

7 Act’’. 

mstockstill on PROD1PC66 with BILLS

2 

•HR 952 IH

1 SEC. 2. CLARIFICATION OF MEANING OF ‘‘COMBAT WITH 

2 THE ENEMY’’ FOR PURPOSES OF SERVICE3 CONNECTION OF DISABILITIES. 

4 (a) CLARIFICATION.—Section 1154(b) of title 38, 

5 United States Code, is amended— 

6 (1) by striking ‘‘In the case’’ and inserting ‘‘(1) 

7 In the case’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) For the purposes of this subsection, the term 

11 ‘combat with the enemy’ includes service on active duty— 

12 ‘‘(A) in a theater of combat operations (as de13 termined by the Secretary in consultation with the 

14 Secretary of Defense) during a period of war; or 

15 ‘‘(B) in combat against a hostile force during a 

16 period of hostilities.’’. 

17 (b) EFFECTIVE DATE.—Paragraph (2) of subsection 

18 (b) of section 1154 of title 38, United States Code, as 

19 added by subsection (a), shall apply with respect to a claim 

20 for disability compensation under chapter 11 of such title 

21 pending on or after the date of the enactment of this Act. 

Æ 

mstockstill on PROD1PC66 with BILLS
Advisory Agreement between Fred Nazem and etrials Worldwide, Inc.



 Exhibit 10.28 
  
 INVESTMENT BANKING FEE SATISFACTION AGREEMENT 
  
 AGREEMENT dated as of April 4, 2003, between eTrials Worldwide, Inc., a Delaware corporation (“ETRIALS”)
formerly eTrials, Inc., and the undersigned, Nazem Inc. (“FINANCIAL CONSULTANT”). 
  
 WHEREAS, FINANCIAL CONSULTANT has performed certain services for ETRIALS; and 
  
 WHEREAS, ETRIALS and FINANCIAL CONSULTANT agree that ETRAILS will compensate FINANCIAL CONSULTANT as provided on the signature page of this Agreement in
full satisfaction of all obligations of ETRAILS to FINANCIAL CONSULTANT. 
  
 NOW, THEREFORE, it is hereby agreed: 
  
 (1) ETRIALS shall compensate and issue to FINANCIAL CONSULTANT the money and securities listed on the signature page of this Agreement for all services and expenses FINANCIAL CONSULTANT has provided to ETRIALS related to the Araccel merger.

  
 (2) The issuance of such compensation and securities shall
constitute satisfaction in full for all services and expenses provided by FINANCIAL CONSULTANT to ETRIALS and any and all obligations of ETRIALS to FINANCIAL CONSULTANT related to the Araccel merger. 
  
 (3) Except for the compensation and securities listed on the signature page,
FINANCIAL CONSULTANT has no claim for fees or expenses for work performed through the date of this Agreement or any other obligation of ETRIALS related to the Araccel merger. 
  
 (4) All existing agreements, oral or written, relating to investment banking or other services between FINANCIAL CONSULTANT
and ETRIALS (except provisions related to confidentiality and indemnification) are hereby terminated, including provisions which by their terms would otherwise survive termination of the agreement. 
  
 (5) FINANCIAL CONSULTANT hereby represents and warrants that FINANCIAL
CONSULTANT has not assigned or otherwise transferred to any other person or entity any rights of FINANCIAL CONSULTANT under this agreement with ETRIALS. 
  
 (6) FINANCIAL CONSULTANT hereby becomes a party to the Amended and Restated Investor Rights Agreement of ETRIALS or at his sole discretion to all the
rights and privileges secured ultimately by the Series A Preferred Class of shareholder. 
  
 (7) This Agreement shall be governed by, and interpreted in accordance with, laws of the State of New York. This Agreement may be executed in one or more counterparts. 









 IN WITNESS WHEREOF the parties hereto execute this Agreement as of the date first written above.

  

			
	 ETRIALS WORLDWIDE, INC.

		
	By:	 	/s/    JOHN CLINE        
	 Name:
	 	John Cline
	 Office:
	 	President & CEO
	
	 FINANCIAL CONSULTANT:

	
	 Nazem & Company

		
	By:	 	/s/    FRED NAZEM         
	 Name:
	 	Fred Nazem



			
	
	Cash to be Received: $150,000 Fee for the Araccel merger and $150,000 fee for the successful completion of the $5 million private placement, to be paid at the
closing of the private placement;
	
	Common Stock Warrants: 1,000,000 common stock warrants at an exercise price of $.53 per share


  

 2
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 Quarterly Report on Form 10-Q of HUGHES Telematics, Inc. (the Company) for the period ended
June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Craig J. Kaufmann, Senior Vice President Finance and Treasurer of the Company, hereby 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ CRAIG J. KAUFMANNName:

Craig J. KaufmannTitle:

Senior Vice President Finance and Treasurer(Principal Financial and Accounting Officer)Date:

August 9, 2010
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 02-1067

DAVID J. RICE, Plaintiff - Appellant, and COMMUNITY HEALTH ASSOCIATION, d/b/a Jackson General Hospital, Party in Interest,
versus ROSE & ATKINSON, Attorneys at Law, a partnership; MARK A. ATKINSON, Esquire; HERSCHEL H. ROSE, III, Esquire; ANDREW L. PATERNOSTRO, Esquire; JOHN J. POLAK, Esquire; MARTIN R. SMITH, JR., Esquire, Defendants - Appellees.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-00-943) Submitted: May 16, 2002 Decided: June 3, 2002 Before WILKINS, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion.2 David J. Rice, Appellant Pro Se. Stephen R. Crislip, Jill M. Obenchain, JACKSON & KELLY, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: David J. Rice appeals the district court’s order granting Defendants’ motion for summary judgment dismissing Rice’s legal malpractice claim. We affirm. This Court reviews de novo a district court’s order granting summary judgment and views the facts in the light most favorable to the nonmoving party. Kubicko v. Ogden Logistics Servs. , 181 F.3d 544, 551 (4th Cir. 1999). Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Once the moving party discharges its burden by showing the absence of evidence to support the nonmoving party’s case, the nonmoving party must come forward with specific facts showing a genuine issue for trial. Celotex Corp. v. Catrett , 477 U.S. 317, 325 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87 (1986). Summary judgment will be granted unless a reasonable jury could return a verdict for the nonmoving party on the evidence presented. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247-48 (1986). With these standards in mind, we affirm the district court’s order dismissing Rice’s legal malpractice claim on the reasoning of its memorandum opinion. See Rice v. Rose & Atkinson, 176 F. Supp. 2d 585 (S.D.W. Va. 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the4 materials before the court and argument would not aid the decisional process.

AFFIRMED
CIRCUIT COURT OF THE CITY OF RICHMOND

#### Joyce W. Norfleet v. Ukrops Supermarket, Inc., and S. L. Nusbaum Realty Co.

April 26, 1991

Case No. LS-1208-3

By JUDGE MELVIN R. HUGHES, JR.

This case arises from a slip and fall incident involving plaintiff stepping into a pothole in the shopping center parking lot. After the jury returned its verdict in plaintiff’s favor for $2,000.00, plaintiff asked for and was granted leave to file a memorandum of law in support of her motion to set aside the verdict and award a new trial on damages only for reasons of inadequacy. Defendants also at that time renewed their motions to strike plaintiff’s evidence on the ground plaintiff was contributorily negligent as a matter of law.

After review I am of the opinion that the special damages plaintiff presented in this case consisting of medical bills ($4,391.48) and lost wages ($3,953.00) are not a fixed part of the verdict. *Bradner*v. Mitchell, 234 Va. 483 (1987). They were partly controverted and otherwise partly doubtful as caused by the defendant’s negligence.

But having so found, the Court otherwise concludes that the defendants shall have judgment because the pothole was open and obvious and thus plaintiff was guilty of contributory negligence as a matter of law. The pothole measured twelve inches wide and approximately two inches to three inches deep and was clearly visible had plaintiff *458been looking where she was going. Plaintiff talked with her companion as she left the store after having gone by that way on her way in. The plaintiff is charged with seeing what she could have seen had she looked where she was going. *Rocky Mountain Shopping Center & Assocs. v. Steagall,*235 Va. 636 (1988). Not seeing the pothole because of traffic in the parking lot is not a legal basis for inattention. Traffic in the area of a parking lot is not unusual, unexpected, or extraordinary to distract attention, *West*v. *City of Portsmouth,*217 Va. 734, 739 (1977).

Accordingly, plaintiff’s motion is denied and defendants’ motions are granted.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-85,310-01

EX PARTE THOMAS LITTLE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 14-0698-CR-C-A IN THE 25 DISTRICT COURT

TH

FROM GUADALUPE COUNTY

ALCALA, J., filed a concurring opinion.

CONCURRING OPINION

Ijoin this Court’s remand order because I agreewith its observation that applicant has alleged

facts that “if true, might entitle him to relief.” Because applicant has pleaded a colorable

ineffective-assistance-of-counsel claim, Iwould orderthe habeas court on remand to appoint counsel

for him upon request if he is indigent, regardless of whether the trial court holds a hearing. See Ex

partePointer, 492 S.W.3d 318, 320-21 (Tex. Crim. App. 2016) (per curiam) (Alcala, J., concurring).

At a minimum, however, in addition to the order’s current admonition that the appointment of

counsel is mandatory for an indigent applicant upon request if the habeas court holds a hearing, I

would include a further admonishment that an indigent applicant is “entitled” to the appointment of

counsel upon request “if the court concludes that the interests of justice require representation.” See

TEX. CODE CRIM. PROC. ART. 1.051(d). 

Filed: October 5, 2016

Do Not Publish
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 Platinum Studios, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Scott Mitchell Rosenberg, Chief Executive Officer and Chairman of the Company, certify, pursuant to 18 U.S.C. 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 and 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.

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.

|                |                                                                                           
|--------------- | ------------------------------------------------------------------------------------------
|August 19, 2009 | /s/ Scott Mitchell Rosenberg
Scott Mitchell Rosenberg
Chief Executive Officer and Chairman

---
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 Form 10-Q of
China Infrastructure Construction Corporation for the quarterly period ended
August 31, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), the undersigned, in his capacity as an officer of
the company, certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Report fully complies
with the requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934, as amended, and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the company.




Date:
      October 20, 2009/s/ Rong YangRong
      YangPresident
      and Chief Executive Officer(principal
      executive officer), and Chief Financial
                Officer
      (principal financial and accounting
officer)





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.
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 Quarterly Report on Form 10-Q of KBS Real Estate Investment Trust II, Inc. (the Registrant) for the quarter ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Stacie K. Yamane, the Chief Financial Officer and Controller of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of her knowledge and belief:



|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 Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 14, 2008



/s/ Stacie K. YamaneStacie K. YamaneChief Financial Officer and Controller
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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 Excaliber Enterprises, Ltd. (the "Company") on Form 10-Q for the three months ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Stephanie Y. Jones, acting in the capacity as the Chief Executive Officer of the Company, and I, Matthew L. Jones, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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 result of operations of the Company.








/s/ Stephanie Y. Jones


Stephanie Y. Jones


Chief Executive Officer


August 6, 2010








/s/ Matthew L. Jones


Matthew L. Jones


Chief Financial Officer


August 6, 2010
Amendment No. 1 to 2005 Stock Incentive Plan



 Exhibit 10.1 
  
 Amendment No. 1 to Gulfport Energy Corporation 
 2005 Stock Incentive Plan 
  
 The Gulfport Energy Corporation 2005 Stock Incentive Plan is hereby amended as follows: 
  
 1. Amendment. 
  
 Delete Section 4.1 and replace it, in its entirety, with the following: 
  
 “4.1 Share Reserve. Subject to the provisions of Section 11.1 relating to adjustments upon changes in
Common Stock, the shares that may be issued pursuant to Awards shall consist of the Company’s authorized but unissued Common Stock, and the maximum aggregate amount of such Common Stock which may be issued upon exercise of all Awards under the
Plan, including Incentive Stock Options, shall not exceed One Million Nine Hundred Four Thousand Six Hundred Six (1,904,606) shares less 627,337, the total number of shares underlying options granted to Employees prior to the adoption of this
Plan and outstanding on the Effective Date under the Gulfport Energy Corporation 1999 Stock Option Plan (“Prior Outstanding Options”). If, prior to the termination of the Plan, a Prior Outstanding Option shall expire, be
forfeited, cancelled or terminate for any reason without having been exercised in full, the shares subject to such expired, forfeited, cancelled or terminated Prior Outstanding Options shall again be available for purposes of the Plan and the number
of shares of Common Stock which may be issued upon the exercise of Awards under the Plan shall be increased by the number of shares of Common Stock underlying such expired, forfeited or terminated Prior Outstanding Options. In no event, however,
will the maximum aggregate amount of Common Stock which may be issued upon exercise of all Awards under the Plan, including Incentive Stock Options, exceed 1,904,606 shares of Common Stock, subject to adjustment in accordance with Section 11.1
hereof. Awards for fractional shares of Common Stock may not be issued under the terms of the Plan.” 
  
 2. Execution. To record the adoption of the Amendment by the Board, the Company has caused its authorized officer to execute the Amendment as of the date specified below. 
  
 [Signature Page Follows] 
  

 1 








 IN WITNESS WHEREOF, upon authorization of the Board of Directors, the undersigned has caused Amendment
No. 1 to the Gulfport Energy Corporation 2005 Stock Incentive Plan to be executed effective as of the 9th day of September, 2005. 
  

			
	Gulfport Energy Corporation
		
	By:	 	 /s/ Mike Liddell


	 	 	Mike Liddell
	 	 	Chief Executive Officer


  

 2