alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

D.B. Sr

. , the father

, Appellant,

v.

DEPARTMENT OF CHILDREN & FAMILIES , Appellee

.

No. 4D 18

- 845

[ May 31, 2018 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Daliah H. Weiss , Judge; L.T. Case No. 50

- 2017

- DP

000558

- XXXX

- MB

.
Gary L. Pickett, West Palm Beach, for appellant.

Andrew Feigen baum of Children's Legal Services, West Palm Beach, for appellee.

P ER C URIAM

.
Affirmed.

W ARNER , T AYLOR and L EVINE , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
MODIFICATION AGREEMENT TO
                                PROMISSORY NOTES

This  MODIFICATION  AGREEMENT is made as of December 1st, 2004 between  Infinite
Group, Inc., a Delaware corporation with offices at 595 Blossom Road, Suite 309,
Rochester, NY 14610 ("Borrower") and Northwest Hampton Holdings, LLC, a New York
limited  liability  company with an address at 6640 Golf View Rise,  Victor,  NY
14564 ("NWHH").

WHEREAS,  NWHH is the holder of eight (8) Promissory Notes originally  issued by
the Borrower to Northeast Hampton Holdings,  LLC ("NEHH"),  as described in more
detail in the attached Schedule A (collectively, the Notes); and

WHEREAS,  NEHH has  assigned  the Notes to NWHH  pursuant  to an  Assignment  of
Promissory Notes dated December 1, 2004; and

WHEREAS, the parties desire to modify the terms and conditions of the Promissory
Notes as follows:

NOW, THEREFORE, the parties agree as follows:

      1)    The Notes and each of them are modified to provide that the time at
            which the entire principal balance and accrued interest shall be due
            and payable is January 1, 2007.

      2)    The Notes and each of them are modified to provide that the holder
            shall have the right in its sole discretion upon written notice to
            the Borrower at any time after September 1, 2005 to convert all or
            part of the principal amount of the Notes, together with accrued and
            unpaid interest, for common stock of the Borrower at the conversion
            rate of $.05 per share, as adjusted to reflect stock splits,
            distributions, recapitalizations, etc.

      3)    Except as modified by this Agreement, all of the terms, covenants
            and conditions of the Notes shall remain the same.

In witness whereof, Borrower and NWHH have executed this Agreement under the day
and year first written above.

INFINITE GROUP, INC.


-----------------------------------------
By: Michael S. Smith, President



NORTHWEST HAMPTON HOLDINGS, LLC



---------------------------------
By: James A. Villa, President


<PAGE>



                   PROMISSORY NOTES OF INFINITE GROUP, INC.
                 IN FAVOR OF NORTHEAST HAMPTON HOLDINGS, LLC

Holder                        Principal Amt                   Date

Northeast Hampton

Holdings, LLC                  $100,000                       1/16/03
Northeast Hampton
Holdings, LLC                  $100,000                       7/17/03
Northeast Hampton
Holdings, LLC                  $    800                       9/10/03
Northeast Hampton
Holdings, LLC                  $  3,000                       11/5/03
Northeast Hampton
Holdings, LLC                  $ 40,000                       11/6/03
Northeast Hampton
Holdings, LLC                  $ 50,000                      11/21/03
Northeast Hampton
Holdings, LLC                  $  2,000                       1/30/04
Northeast Hampton
Holdings, LLC                  $ 22,000                       3/11/04
<PAGE>
                             AGREEMENT TO TERMINATE
                          REGISTRATION RIGHTS AGREEMENT


     This Agreement to Terminate Registration Rights Agreement (this
"Agreement"), dated as of August 5, 2005, by and between The Alfred I. DuPont
Testamentary Trust (the "Trust") and The St. Joe Company, a Florida corporation
(the "Company").

     1.   Introduction. The Trust and the Company have entered into a
Registration Rights Agreement, dated as of December 16, 1997, an Amendment No. 1
thereto, dated as of January 26, 1998, an Amendment No. 2 thereto, dated May 24,
2002, an Amendment No. 3 thereto, dated September 5, 2003, and an Amendment No.
4, dated as of December 30, 2003 (as amended, the "Registration Rights
Agreement"), which governs, among other things, certain terms and conditions of
the sale of Shares of the Company's Common Stock Beneficially Owned by the
Trust, from time to time, in registered public offerings. The Trust currently
owns less than five percent (5%) of the Company's outstanding Common Stock. As a
result, the Trust and the Company believe that it is in their best interests to
terminate the Registration Rights Agreement, as prescribed below.

     2.   Definitions. Capitalized terms used but not otherwise defined herein
shall have the respective meanings ascribed to them in the Registration Rights
Agreement.

     3.   Termination of Registration Rights Agreement. The Registration Rights
Agreement is hereby terminated effective August 5, 2005; provided, however, the
provisions contained in Section 2.7 of the Registration Rights Agreement shall
survive and remain in effect notwithstanding such termination.

     4.   Counterparts. This Agreement may be executed simultaneously in any
number of counterparts, each of which shall be deemed an original, but all of
such counterparts shall together constitute one and the same instrument.


                  [Remainder of page intentionally left blank]

<PAGE>



     IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
and delivered by the respective officers thereunto duly authorized as of the
date first written above.

                                                     THE ALFRED I. DUPONT TESTA-
                                                     MENTARY TRUST

                                                     By: /s/ Winfred L. Thornton
                                                             Trustee



                                                     THE ST. JOE COMPANY


                                                     By: /s/ Peter S. Rummell
                                                             Peter S. Rummell
                                                             Chairman and CEO

                                       2
POWER OF ATTORNEY AND SIGNATURES

          We, the  undersigned  officers and directors of ASC East,  Inc. hereby
severally  constitute and appoint Christopher E. Howard and Leslie B. Otten, and
each of them singly,  our true and lawful attorneys with full power to them, and
each of them singly, to sign for us and in our names in the capacities indicated
below,  the Annual  Report on Form 10-K filed  herewith and  generally to do all
such  things in our names and on our behalf in our  capacities  as  offices  and
directors  to  enable  ASC  East,  Inc.  to  comply  with the  provision  of the
Securities  Exchange  Act of  1934,  as  amended,  and all  requirements  of the
Securities  and  Exchange  Commission,   hereby  ratifying  and  confirming  our
signatures as they may be signed by our said attorneys,  or any of them, to said
Annual Report.

       Signature                 Title                             Date

                     Chairman  of the  Board of  Directors,
/s/ Leslie B. Otten  President and Chief Executive  Officer  November 10, 1998
-------------------  (Principal Executive Officer)
Leslie B. Otten


/s/ Gordon M. Gillies
--------------------------  Director                         November 10, 1998
Gordon M. Gillies
(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 Dex Media West LLC as of the dates and for
the periods expressed in the Report.
 /s/ David C. Swanson
    
    
    
    /s/ Steven M. BlondyDavid C. Swanson
    
    
    
    Steven M. BlondyChairman of the Board of Directors and
    
    
    
    Executive Vice President and Chief Financial OfficerChief Executive Officer
    
    
    
    May 13, 2008May 13, 2008
  29
I 

110TH CONGRESS 

2D SESSION H. R. 5391 

To suspend temporarily the duty on sodium hypophosphite. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2008 

Mr. BROWN of South Carolina introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on sodium hypophosphite. 

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

3 SECTION 1. SODIUM HYPOPHOSPHITE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Sodium hypophosphite (CAS 

No. 10039–56–2) (provided 

for in subheading 

2835.10.00) ........................... Free No change No change On or before 

12/31/2011 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


wwoods2 on PRODPC68 with BILLS
2 

•HR 5391 IH

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS
C O U R T O F A P P E A LS EI GHTH D I STRI CT OF TEXAS ELPASO, TEXAS M AR K ANT HO NY R OD R I GU E Z, Ap pe lla nt,
v. TH E ST AT E O F TE XA S, Appellee
. § § § § § § No
. 08 -0 9- 00 10 8- CR

Appea l from the 227th District Court of Be x ar County , Texas ( T C# 2 0 0 8 CR 0 8 8 3 W)
M EM OR

AN DU M OP IN ION This is an appea l from a judgme nt adjudicating Appellant guilty of the off ense of possession of her oin in an amount less than one g ram. The c ourt sentenc ed Appe llant to two y ear s’ conf inement in a state ja il f

a c ili ty . We a ff

ir m. Appellant’s c ourt-appointed c ounsel has filed a brief in whic h she has conclude d that the
a p p e a l is w h o ll y f

r iv o lo u s an d w it

h o u t me r it
. T h e b r ie f me e ts th e r e qu ir e ments of A n ders v. Cal ifo rn ia , 386 U.S. 738, 87 S.C t. 1396, 18 L .Ed.2d 493, reh. denie d , 388 U.S. 924, 87 S.C t. 2094, 18 L .Ed.2d 1377 (1967), by advanc ing contentions which counsel say s might ar g uably support the appea l. Se e Hi

gh v . S tate , 5 73 S.W. 2d

80 7 ( Te x.Cr im. Ap p. 19 78 ); Cur riev . S tate , 516 S.W .2d 684 (T e x.Cr im. Ap p. 19 74 ); J

ac k so n v . S tate , 4 85 S.W. 2d

55 3 ( Te x.Cr im. Ap p. 19 72 ); Ga ino us v . S tate , 43 6 S. W.2 d 1 37 (T e x.Cr im. Ap p. 19 69 ). A c op y of c ouns e l’ s b ri e f h a s b e e n d e liv e re d to A pp e lla nt, and Appellant has been advised of his rig ht to ex amine the a ppellate r ecor d and file a

pro se br ief. No pro se br ief ha s been f iled. We h ave c are fu lly

re vie we d th e re c or d a

nd c ouns e l’ s b ri e f a

nd a g re e that th e a

pp e a l is wh oll y frivolous and without merit. Fur ther, we find nothing in the rec ord that might ar g uably support theappea l. The judg ment is affirme d.

GUADA LUPE RI VERA, J ustice

September 23, 2009 B e f o r e C h e w , C
. J. , M c C l u r e , a n d R i v e r a , JJ. (Do Not Publish)
EXHIBIT 32


                  CERTIFICATION PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


         The undersigned  executive officers of the Registrant hereby certify to
the best of their  knowledge that this  Quarterly  Report on Form 10-QSB for the
quarter  ended  September  30,  2005  (the  "Report")  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 Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Registrant.



Date: November 10, 2005     By: /s/ Mark S. White
                               -------------------------------------------------
                               Name:  Mark S. White
                               Title: President and Chief Executive Officer


Date: November 10, 2005     By: /s/ Sue Allen Smith
                               -------------------------------------------------
                               Name: Sue Allen Smith
                               Title: Vice President and Chief Financial Officer



A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906, has been provided to Osage Federal Financial,  Inc. and
will  be  retained  by  Osage  Federal  Financial,  Inc.  and  furnished  to the
Securities and Exchange Commission or its staff upon request.
# L_2012223EN.01000401.xml

| 21.8.2012 | EN | Official Journal of the European Union | L 223/4 |
| --- | --- | --- | --- |

21.8.2012

EN

Official Journal of the European Union

L 223/4

---

COMMISSION IMPLEMENTING REGULATION (EU) No 754/2012

of 14 August 2012

entering a name in the register of protected designations of origin and protected geographical indications (Düsseldorfer Mostert/Düsseldorfer Senf Mostert/Düsseldorfer Urtyp Mostert/Aechter Düsseldorfer Mostert (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Düsseldorfer Mostert’/‘Düsseldorfer Senf Mostert’/‘Düsseldorfer Urtyp Mostert’/‘Aechter Düsseldorfer Mostert’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Düsseldorfer Mostert’/‘Düsseldorfer Senf Mostert’/‘Düsseldorfer Urtyp Mostert’/‘Aechter Düsseldorfer Mostert’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 August 2012.

For the Commission, On behalf of the President,

Andris PIEBALGS

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 321, 4.11.2011, p. 20.

2

---

ANNEX

Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.6.   Mustard paste

GERMANY

Düsseldorfer Mostert/Düsseldorfer Senf Mostert/Düsseldorfer Urtyp Mostert/Aechter Düsseldorfer Mostert (PGI)

---
**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

 

Inconnection with the Quarterly Report of Stratum Holdings, Inc. (the “registrant”)on Form 10-Q for the quarter ended June 30, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, D.Hughes Watler, Jr., Chief Financial Officer of the registrant, certify,pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of thisSarbanes Oxley Act of 2002, that, to my knowledge:

 
| (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 results of operations of the registrant. |

 

 
|   | /s/  D. Hughes Watler, Jr. |
|--------|----------------------------|
|   | D. Hughes Watler, Jr. |
|   | Chief Financial Officer    |
|   | August 13, 2008       |

 

----
# L_2013041DE.01001601.xml

| 12.2.2013 | DE | Amtsblatt der Europäischen Union | L 41/16 |
| --- | --- | --- | --- |

12.2.2013

DE

Amtsblatt der Europäischen Union

L 41/16

---

Berichtigung der Verordnung (EU) Nr. 650/2012 des Europäischen Parlaments und des Rates vom 4. Juli 2012 über die Zuständigkeit, das anzuwendende Recht, die Anerkennung und Vollstreckung von Entscheidungen und die Annahme und Vollstreckung öffentlicher Urkunden in Erbsachen sowie zur Einführung eines Europäischen Nachlasszeugnisses

(
  Amtsblatt der Europäischen Union L 201 vom 27. Juli 2012
  )

Amtsblatt der Europäischen Union L 201 vom 27. Juli 2012

Seite 133, Artikel 83 Absatz 3:

anstatt:

„(3)   Eine vor dem 17. August 2015 errichtete Verfügung von Todes wegen ist zulässig sowie materiell und formell wirksam, wenn sie die Voraussetzungen des Kapitels III erfüllt oder wenn sie nach den zum Zeitpunkt der Errichtung der Verfügung geltenden Vorschriften des Internationalen Privatrechts in dem Staat, in dem der Erblasser seinen gewöhnlichen Aufenthalt hatte, oder in einem Staat, dessen Staatsangehörigkeit er besaß, zulässig sowie materiell und formell wirksam ist.“

muss es heißen:

„(3)   Eine vor dem 17. August 2015 errichtete Verfügung von Todes wegen ist zulässig sowie materiell und formell wirksam, wenn sie die Voraussetzungen des Kapitels III erfüllt oder wenn sie nach den zum Zeitpunkt der Errichtung der Verfügung geltenden Vorschriften des Internationalen Privatrechts in dem Staat, in dem der Erblasser seinen gewöhnlichen Aufenthalt hatte, oder in einem Staat, dessen Staatsangehörigkeit er besaß, oder in dem Mitgliedstaat, dessen Behörde mit der Erbsache befasst ist, zulässig sowie materiell und formell wirksam ist.“

---
Non-Employee Director Compensation Term Sheet



 Exhibit 10.7 
  
 Non-Employee Director Compensation 
 (effective June 1, 2005) 
  

				
	 Component of Pay

	  	Amount


	 Board Retainer
	  	$	100,000
	 Audit Committee Retainer
	  	$	10,000
	 Audit Chair Retainer
	  	$	20,000
	 Compensation Chair Retainer
	  	$	10,000
	 Other Chair Retainer
	  	$	5,000
	 Amount deferred to Stock Units
	  	$	100,000
1

 The Honorable David S. Doty, United States District Judge for the District of

Minnesota.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 04-3635

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the 

* District of Minnesota.

Kevin Jay Bruce, * 

* [UNPUBLISHED]

Appellant. *

___________

Submitted: June 7, 2005

Filed: July 13, 2005 

___________

Before BYE, RILEY, and COLLOTON, Circuit Judges.

___________

PER CURIAM.

Kevin Bruce pleaded guilty to escape. See 18 U.S.C. § 751(a). His

sentencing hearing occurred after the Supreme Court’s decision in Blakely v.

Washington, 124 S. Ct. 2531 (2004), but before the Court announced in United

States v. Booker, 125 S. Ct. 738 (2005), that the federal sentencing guidelines

were effectively advisory in all cases. At sentencing, when Bruce challenged the

constitutionality of the Guidelines under Blakely, the district court1

 stated: “I have

taken a position as to the guidelines that they are neither constitutional nor
-2-

unconstitutional, that if they are eventually found to be constitutional, I’m going to

sentence today on the grounds of those guidelines, and if they’re found to be

unconstitutional, I will have been sentencing on the ground that the guidelines

were unconstitutional, but I was using the guidelines as a guide only, not relying

on them as such.” (S. Tr. 6). The court then sentenced Bruce to 37 months, the

bottom of the applicable guidelines sentencing range. Bruce now challenges the

sentence. 

We conclude that any error in applying the mandatory guidelines for one of

the two alternative sentences is harmless, as the district court clearly indicated that

it would impose the same sentence under an advisory system. See United States v.

Thompson, 408 F.3d 994, 996-97 (8th Cir. 2005) (per curiam). The sentence also

is not unreasonable with regard to 18 U.S.C. § 3553(a). Accordingly, we affirm.

______________________________
#### The People of the State of New York, Respondent, v Hugo Velazquez, Appellant.

[798 NYS2d 919]

Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered February 18, 2004, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the plea was not knowing, voluntary, and intelligent is unpreserved for appellate review since he did not move to withdraw on that basis *(see People v Clarke,*93 NY2d 904, 905 [1999]; *People v Pellegrino,*60 NY2d 636, 637 [1983]; *People v Thomas,*262 AD2d 588, 589 [1999]). In any event, the plea was entered knowingly, voluntarily, and intelligently *(see People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Lopez,*71 NY2d 662, 666 [1988]; *People v Harris,*61 NY2d 9, 17 [1983]).

The defendant’s claim that his counsel was ineffective in permitting him to enter into a plea without investigating the sufficiency of the prosecution’s case is not properly raised on this appeal because it is based on a matter which is dehors the record *(see People v Villacreses,*12 AD3d 624, 626 [2004]). The remainder of the defendant’s claim of ineffective assistance of counsel is unsupported by the record *(see People v McDonald,*1 NY3d 109, 115 [2003]; *People v Ladelokun,*192 AD2d 723 [1993]; *People v Hayes,*186 AD2d 268 [1992]). Adams, J.P., Cozier, Ritter and Skelos, JJ., concur.