alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.5.3



 Exhibit 10.5.3 

THIRD AMENDMENT TO TRADEMARK LICENSE AGREEMENT 

THIS THIRD AMENDMENT TO TRADEMARK LICENSE AGREEMENT (this “Amendment”), entered into and effective as of July 28, 2014 (the
“Amendment Effective Date”), by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA P PORTFOLIO OPERATING LESSEE LLC, a Delaware limited liability company
(“Licensee”). 
 W I T N E S S E T H: 

WHEREAS Licensor and Licensee are parties to that certain Trademark License Agreement dated October 8, 2010, as amended by (a) that
certain First Amendment to Trademark License Agreement dated November 30, 2012 and (b) that certain Second Amendment to Trademark License Agreement dated December 13, 2012 (collectively, as amended, the “Original Trademark
License Agreement”); and 
 WHEREAS Licensor and Licensee each wish to further amend the Original Trademark License Agreement as
set forth below. 
 NOW, THEREFORE, in consideration of the foregoing recitals and the premises and the mutual covenants herein contained,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 

1. All capitalized terms used herein but not defined shall have the meanings ascribed to them in the Original Trademark License Agreement.

 2. Schedule C of the Original Trademark License Agreement is hereby modified by deleting therefrom the following properties: 

 

							
	 	  	State	  	Site #	  	 Address

	 201.
	  	GA	  	990	  	1051 Canton Rd., Marietta, GA
				
	 204.
	  	GA	  	993	  	6231 Hwy 85, Riverdale, GA

 3. Except as expressly set forth in this Amendment, the Original Trademark License Agreement continues and
remains unmodified and in full force and effect, and the Original Trademark License Agreement as hereby amended is ratified and confirmed. 

4. All references in the Original Trademark License Agreement to “this Agreement” shall hereafter be deemed to refer to the Original
Trademark License Agreement as amended by this Amendment. 
 5. This Amendment may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument. 







 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 







 IN WITNESS WHEREOF, Licensor and Licensee have caused this Amendment to be duly executed on their
behalf in the manner legally binding upon them. 
  

			
	LICENSOR:
	
	 ESH STRATEGIES BRANDING LLC,
 a
Delaware limited liability company

		
	By:	 	 /s/ Ross W. McCanless

	Name:	 	Ross W. McCanless
	Title:	 	Vice President & Secretary


 [Signatures continue on the following page] 

[Signature Page to Third Amendment to Trademark License Agreement] 







 
			
	LICENSEE:
	
	ESA P PORTFOLIO OPERATING LESSEE LLC, a Delaware limited liability company
		
	By:	 	 /s/ Ross W. McCanless

	Name:	 	Ross W. McCanless
	Title:	 	Vice President & Secretary


 [Signature Page to Third Amendment to Trademark License Agreement]
Roberta Breighner, Plaintiff, v. Rudy D. Breighner, Defendant.

No. COA16-146

Court of Appeals of North Carolina.

Filed: September 6, 2016

DISMISSED.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

June 1, 2007 Clifford W. Taylor,
Chief Justice
133274 & (42)(45) Michael F. Cavanagh

Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. DENNIS G. SIMPSON, Stephen J. Markman, Plaintiff-Appellee, Justices

v SC: 133274 COA: 264106 WCAC: 04-000017 BORBOLLA CONSTRUCTION & CONCRETE SUPPLY, INC. and CI NCINNATI INSURANCE COMPANY, DefendantsAppellants, and

FLUOR CONSTRUCTORS INTERNATIONAL, INC. and TRAVELERS CASUALTY & SURETY COMPANY, Defendants-Appellees, and

SILICOSIS DUST DISEASE & LOGGING INDUSTRY COMPENSATION FUND,

Defendants.

________________ _______________ __________/

On order of the Court, the motions for leave to f ile briefs amicus curiae are GRANTED. The application for leave to a ppeal January 25, 2007 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral ar gument on whether to grant the application or take other peremptory action. M CR 7.302(G)(1). At oral argument, the parties shall address whether the Court of Appeals erred in holding that Rakestraw v General Dynami cs Land Systems, Inc , 469 Mich 220 (200 3), does not apply where the preexisting condition is work-related. The parties may file supplemental briefs within 42 days of the date of this order, but they should not subm it mere restatements of their application papers.

t0529 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 1, 2007

Clerk2
ARMSTRONG v. NORTH CAROLINA, et al.

450P16-1

Supreme Court of North Carolina.

September 28, 2017

Arthur O. Armstrong, for Armstrong, Arthur O.

The following order has been entered on the motions filed by Plaintiff for Leave to File a Writ of Mandamus:

*542"All Motions Denied by order of the Court in conference, this the 28th of September 2017."
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, October 03, 2019.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, October 03, 2019

The Court of Appeals hereby passes the following order

A20A0211. KEVIN L. RATHBUN v. KIRK PARKS.

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW 

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
**Judgment of the Court of First Instance (Second Chamber) of 20 January 2009 – Pioneer Hi-Bred International v OHIM (OPTIMUM)**

**(Case T-424/07)**

Community trade mark – Application for the Community word mark OPTIMUM – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Obligation to state reasons – Examination of the facts of OHIM’s own motion – Articles 73 and 74(1) of Regulation No 40/94

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26, 28, 34)*

2.                     *Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope (Council Regulation
No 40/94, Art. 74) (see paras 42-49)*

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Pioneer Hi-Bred International, Inc. |
| Community trade mark sought: | Word mark OPTIMUM for goods in Class 1 – Application No 4893053 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders Pioneer Hi-Bred International, Inc. to pay the costs. |
# Official Journal L 161/2014

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 161 |
| | |
| English edition | Legislation | Volume 5729 May 2014 |

ISSN 1977-0677

Official Journal

of the European Union

L 161

English edition

Legislation

Volume 5729 May 2014

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2014/295/EU |
| | * | Council Decision of 17 March 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the Preamble, Article 1, and Titles I, II and VII thereof | 1 |
| | | Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part | 3 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2014/295/EU

*

Council Decision of 17 March 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the Preamble, Article 1, and Titles I, II and VII thereof

1

Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
1351.

#### Bailey *v.*The State.

Indictment for larceny, from McIntosh superior court — -Judge ,'Seabrook. July 18, 1908.

Submitted October 8,

Decided October 26, 1908.

*Kenan &*Crawford, for plaintiff in error.

TV. *J. Norman, solicitor-general, Edwin A. Cohen,*contra.

Hill, C. J.

No error of law is complained of, and the verdict is supported by the evidence. *Judgment affirmed.*
IN RE: A.L.Z.

9P18-1

Supreme Court of North Carolina.

February 27, 2018

Robert W. Ewing, Attorney at Law, Clemmons, for Zedd, Teri.

Wayne A. Hollowell, Attorney at Law.

Mark L. Hayes, Attorney at Law, for Strader, Angel, et al.

The following order has been entered on the motion filed on the 27th of February 2018 by Respondent-Mother for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 27th of February 2018."
STATE v. Donald BURCHETT

151P17-1

Supreme Court of North Carolina.

August 17, 2017

Donald Burchett, for Burchett, Donald.

Daniel P. O'Brien, Special Deputy Attorney General, William R. West, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 1st of May 2017 by Defendant for Review:

"Motion Dismissed by order of the Court in conference, this the 17th of August 2017."
# C_2008209EN.01003801.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/38 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/38

---

Order of the President of the Sixth Chamber of the Court of 23 April 2008 — Commission of the European Communities v Czech Republic

(Case C-116/07) (1)

1

(2008/C 209/60)

Language of the case: Czech

Language of the case: Czech

The President of the Sixth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 95, 28.4.2007.

1

---
----

            COMMISSION REGULATION (EC) No 65/2005

of 17 January 2005         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 18 January 2005.

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

Done at Brussels, 17 January 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

----

ANNEX

to Commission Regulation of 17 January 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘            999            ’ stands for ‘of other origin’.

----
**Exhibit 31.2**
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
      I, Timothy A. Bienek, certify that:
 1.  I have reviewed this report on Form 10-Q of Affirmative Insurance Holdings, Inc.;  2.  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;  3.  Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;  4.  The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;
(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and
(c) Disclosed in this report any change in the registrant’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal 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 financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and
(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.
Date: May 16, 2005         /s/ Timothy A. Bienek   Timothy A. Bienek   Executive Vice President and Chief FinancialOfficer (Principal Financial Officer)
#### Edward P. Ryan, Appellant, v John R. DeFilippi, Respondent.

[719 NYS2d 886]

In an action to recover damages for medical malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 17, 2000, as granted that branch of the defendant’s motion which was to dismiss the causes of action asserted in the complaint relating to acts which occurred prior to October 22, 1995, as barred by the Statute of Limitations.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the continuous treatment doctrine did not toll the Statute of Limitations *(see,*CPLR 214-a) for any act which occurred prior to October 22, 1995 *(see, Young v New York City Health & Hosps. Corp.,*91 NY2d 291, 296-297; *Nykorchuck v Henriques,*78 NY2d 255, 258-259; *Nielson v Perconte,*254 AD2d 264). Bracken, Acting P. J., S. Miller, McGinity and Schmidt, JJ., concur.
STATE v. Terry Jerome WILSON

295PA17-1

Supreme Court of North Carolina.

February 2, 2018

Sterling Rozear, Attorney at Law, for Wilson, Terry Jerome.

*131T. Hill Davis, III, Derrick Mertz, Assistant Attorney Generals, James R. O'Neill, District Attorney, for State of North Carolina.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 2nd of February 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 2nd of February 2018."
IIB 

113TH CONGRESS 

2D SESSION H. R. 4283 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2014 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To amend the Wild and Scenic Rivers Act to authorize 

the Secretary of the Interior to maintain or replace certain facilities and structures for commercial recreation 

services at Smith Gulch in Idaho, and for other purposes. 

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


rfrederick on DSK6VPTVN1PROD with BILLS
2 

HR 4283 RFS

1 SECTION 1. MAINTENANCE OR REPLACEMENT OF FACILI2 TIES AND STRUCTURES AT SMITH GULCH. 

3 Section 3(a)(24)(D) of the Wild and Scenic Rivers 

4 Act (16 U.S.C. 1274(a)(24)(D)) is amended by adding at 

5 the end the following: ‘‘The Secretary shall also authorize 

6 or continue to authorize maintenance or replacement of 

7 facilities and structures listed in this subparagraph for 

8 commercial recreation services at Smith Gulch whose loca9 tion is defined above. The facilities and structures referred 

10 to in this subparagraph are— 

11 ‘‘(i) motorized landscaping equipment, such as 

12 lawnmowers and weed trimmers; 

13 ‘‘(ii) chainsaws; 

14 ‘‘(iii) gasoline-powered electrical generators and 

15 associated electrical transmission facilities; 

16 ‘‘(iv) hydroelectric generators and associated 

17 electrical transmission facilities; 

18 ‘‘(v) gasoline-powered water pumps for fire sup19 pression; 

20 ‘‘(vi) transition from propane to electrical light21 ing; 

22 ‘‘(vii) solar energy systems; and 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

HR 4283 RFS

1 ‘‘(viii) 6-volt or 12-volt battery banks for power 

2 storage.’’. 

Passed the House of Representatives September 8, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


rfrederick on DSK6VPTVN1PROD with BILLS
EXHIBIT 32.2


                            CERTIFICATION PURSUANT TO
                         EXCHANGE ACT RULE 15D-14(B) AND
                             18 U.S.C. SECTION 1350


     In connection with the Quarterly Report of Radial Energy, Inc. (the
"Company") on Form 10-QSB/A for the period ending March 31, 2006, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, G.
Leigh Lyons, Chief Financial Officer of the Company, certify, to the best of my
knowledge, pursuant to Exchange Act Rule 15d-14(b) and 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002, that:

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

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

     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 Radial Energy,
Inc. and will be retained by Radial Energy, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.


By:              /s/ G. LEIGH LYONS
                 __________________________
Name:            G. Leigh Lyons
Title:           Chief Financial Officer

Date:            February 20, 2007
# Official Journal L 78I/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 078I |
| | |
| English edition | Legislation | Volume 6121 March 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 078I

English edition

Legislation

Volume 6121 March 2018

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt | 1 |
| | | DECISIONS |
| | * | Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt | 3 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

1

DECISIONS

*

Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# Fourth Court of Appeals San Antonio, Texas

October 14, 2021

No. 04

- 20

- 00143

- CV

RANCHO VIEJO CATTLE COMPANY, LTD . and Rancho Viejo Waste Management, LLC., Appellants

v.

ANB CATTLE COMPANY, LTD.,

Appellee

From the 49th Judicial District Court

, Webb County, Texas

Trial Court No. 2014CVQ

- 000162

- D1 Honorable Honorable Jose A. Lopez , Judge Presiding



### O R D E R

Appellants’ motion for extension of time to file a motion for rehearing is GRANTED. Appellee’s motion for extension of time to file a motion for rehearing is GRANTED. The motions for rehearing are due on or before November 15, 2021

.

_________________________________ Irene Rios , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of October, 2021

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
Third District Court of Appeal

State of Florida

Opinion filed November 24, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-0376

Lower Tribunal No. 10-19498

________________

Flamingo on Ocean, Inc.,

Appellant/Cross-Appellee,

vs.

Michele Merlo,

Appellee/Cross-Appellant.

An appeal from the Circuit Court for Miami-Dade County, Spencer Eig, 

Judge.

Coffey Burlington, P.L., and Jeffrey B. Crockett; Jason B. Giller, P.A., 

and Jason B. Giller; Brian M. Torres, P.A., and Brian M. Torres, for 

appellant/cross-appellee.

Jorge L. Guerra, P.A., and Jorge L. Guerra; Weiss Serota Helfman 

Cole & Bierman, P.L., and Edward G. Guedes, for appellee/cross-appellant.

Before SCALES, HENDON, and MILLER, JJ. 

PER CURIAM.
2

Affirmed. See Trytek v. Gale Indus., Inc., 3 So. 3d 1194, 1203 (Fla. 

2009).