alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.6


PROMISSORY NOTE

FOR VALUE RECEIVED, CyPost Corporation, ("the Payer") of 900-1281 West Georgia
Street, Vancouver, British Columbia, Canada V6E 3J7, promises to pay to or to
the order of Berkshire Capital Management Co., Inc., ("the Payee") of 670 White
Plains Road, Suite 120, Scarsdale, New York the sum of ONE HUNDRED SEVEN
THOUSAND FIFTEEN UNITED STATES DOLLARS and TWENTY CENTS ($107,015.20) with eight
percent (8%) interest thereon, the sum total principal and interest being due
and payable ON DEMAND BY BERKSHIRE CAPITAL MANAGEMENT CO., INC. IN WRITING.
CYPOST CORPORATION ACKNOWLEDGES THAT ITS BOARD OF DIRECTORS BY WAY OF WRITEN
RESOLUTION HAS APPROVED THIS NOTE.


FOR VALUE RECEIVED, the Payer and all endorsers of this Note hereby waive
presentment for payment, notices or formalities to which they might be entitled
and do hereby agree to pay all costs and expenses (including all legal costs)
paid or incurred in collecting the monies owed hereunder after the same shall
become due and -payable under the laws of the State of New York, United States
of America.
Dated at Vancouver, B.C. this 19th day of June 2001
CyPost Corporation


/s/ Robert Sendoh
-----------------
Robert Sendoh
Chairman of the Board
CyPost Corporation


<PAGE>
PROMISSORY NOTE

FOR INTEREST ACCRUED ON OUTSTANDING DEBT, CyPost Corporation, ("the Payer") of
900-1281 West Georgia Street, Vancouver, British Columbia, Canada V6E 3J7,
promises to pay to or to the order of Berkshire Capital Management Co., Inc.,
("the Payee") of 670 White Plains Road, Suite 120, Scarsdale, New York the sum
of THIRTY ONE HUNDRED SIXTY FIVE UNITED STATES DOLLARS and NINETY NINE CENTS
($32,165.99) being due and payable ON DEMAND BY BERKSHIRE CAPITAL MANAGEMENT
CO., INC. IN WRITING.
CYPOST CORPORATION ACKNOWLEDGES THAT ITS BOARD OF DIRECTORS BY WAX OF WRI1TEN
RESOLUTION HAS APPROVED THIS NOTE.

FOR VALUE RECEIVED, the Payer and all endorsers of this Note hereby waive
presentment for payment, notices or formalities to which they might be entitled
and do hereby agree to pay all costs and expenses (including all legal costs)
paid or incurred in collecting the monies owed hereunder after the same shall
become due and payable under the laws of the State of New York, United States of
America.
Dated at Vancouver, B.C. this 19th day Of June 2001.

CyPost Corporation

/s/ Robert Sendoh
-----------------
Robert Sendoh
Chairman of the Board
CyPost Corporation



<PAGE>
#### STATE OF NORTH CAROLINA v. LEE THOMAS HAMILTON

No. 7820SC918

(Filed 6 February 1979)

Rape § 6.1— second degree rape — instruction on assault on female improper — defendant not prejudiced

In a prosecution for second degree rape where all of the evidence of defendant showed there was a completed act of intercourse and the issue was whether there was consent, any error in the trial court’s charge on assault on a female was not prejudicial to defendant since that charge should not have been submitted to the jury and any error was favorable to defendant.

APPEAL by defendant from *Walker (Hal HJ, Judge.*Judgment entered 16 May 1978 in Superior Court, UNION County. Heard in the Court of Appeals 19 January 1979.

The defendant appeals from a conviction of second degree rape. The State offered evidence sufficient to support a conviction of rape. The defendant testified he had intercourse with the prosecuting witness, but that it was with her consent. The court submitted to the jury charges of first and second degree rape, assault with intent to commit rape, and assault on a female.

*Attorney General Edmisten, by Associate Attorney Tiare Smiley Farris, for the State.*

*Joe P. McCollum, Jr., for defendant appellant.*

WEBB, Judge.

The defendant’s only assignment of error pertains to the charge. He argues the court did not properly define assault on a female. In its charge concerning assault on a female, the court said that one of the things the State must prove is “that the defendant assaulted Patricia McClendon, that he at least laid his hands on her without her consent.” Assuming this was error, we hold it did not harm the defendant. In this case all the evidence including the evidence of the defendant showed there was a completed act of intercourse. The issue was whether this intercourse was with the consent of the prosecuting witness. The charge of assault on a female should not have been submitted to the jury. *State v. Bryant,*280 N.C. 551, 187 S.E. 2d 111, *cert. denied,*409 *688U.S. 995 (1972). It was error favorable to the defendant and we hold he was not prejudiced by this charge. *State v. Small,*31 N.C. App. 556, 230 S.E. 2d 425 (1976).

No error.

Judges Parker and Arnold concur.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5266 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5266

   To extend the final report deadline and otherwise reauthorize the 
             National Commission on Children and Disasters.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2010

 Ms. Corrine Brown of Florida introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
   To extend the final report deadline and otherwise reauthorize the 
             National Commission on Children and Disasters.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on Children and 
Disasters Reauthorization Act of 2010''.

SEC. 2. NATIONAL COMMISSION ON CHILDREN AND DISASTERS REAUTHORIZATION.

    (a) Deadline for Filling Vacancies.--Paragraph (2) of section 
605(g) of the Kids in Disasters Well-being, Safety, and Health Act of 
2007 (title VI of division G of the Consolidated Appropriations Act, 
2008 (Public Law 110-161; 121 Stat. 1844, 2213)) is amended by 
inserting ``not later than 90 days after the date of vacancy'' after 
``shall be filled''.
    (b) Frequency of Interim Reports.--Subsection (a) of section 611 of 
the Kids in Disasters Well-being, Safety, and Health Act of 2007 is 
amended--
            (1) in the subsection heading, by striking ``Interim 
        Report'' and inserting ``Interim Reports''; and
            (2) by inserting ``and annually thereafter'' after ``first 
        meeting''.
    (c) Deadline for Final Report.--Subsection (c) of section 611 of 
the Kids in Disasters Well-being, Safety, and Health Act of 2007 is 
amended by striking ``not later than 2 years after the date of its 
first meeting'' and inserting ``not later than December 31, 2012''.
    (d) Authorization of Appropriations.--Section 612 of such Act is 
amended to read as follows:

``SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this title $1,500,000 for each of fiscal years 2008 through 2012, 
and $1,000,000 for fiscal year 2013.
    ``(b) Availability.--Amounts made available pursuant to subsection 
(a) shall remain available until expended.''.
                                 <all>
```
<PAGE>
                                                                  EXHIBIT 10.9.1

                  CONSENT TO ASSIGNMENT OF EMPLOYMENT AGREEMENT

         Pursuant to Section 7.5 of the Employment Agreement dated as of August
10, 2000, between Heritage Holdings, Inc., a Delaware corporation ("Heritage"),
and the undersigned (the "Employee"), the undersigned Employee does hereby
consent and agree to (i) the assignment of said Employment Agreement by Heritage
to U.S. Propane, L.P., a Delaware limited partnership ("U.S. Propane"), and U.S.
Propane's assumption of the duties and responsibilities of Heritage arising
under said Employment Agreement.

         DATED as of February 3, 2002.



                                      ---------------------------------
                                      Larry J. Dagley
#### UNITED STATES of America, Plaintiff-Appellee, v. Andres Gilberto GARZA-LOPEZ, Defendant-Appellant.

No. 04-41122.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided April 20, 2005.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

*602Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JONES, SMITH, and PRADO, Circuit Judges.

PER CURIAM: *

Andres Gilberto Garza-Lopez (Garza) appeals his guilty plea conviction and sentence for unlawfully attempting to enter the United States following deportation and removal and after having been convicted of an aggravated felony, without having obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security. Garza received a 16-level sentence enhancement due to his pri- or conviction for attempt to commit murder. *See*U.S.S.G. § 2L1.2(b)(l)(A)(ii). He was sentenced to 46 months of imprisonment and three years of supervised release. Garza argues, for the first time on appeal, that *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), should be overruled, and that *Blakely v. Washington,*— U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), should be held to apply to the Federal Sentencing Guidelines.

Because Garza raises these issues for the first time on appeal, we review only for plain error. *See United States v. Mares,*402 F.3d 511, 515 (5th Cir.2005), *petition for cert. filed,*No. 04-9517 (U.S. Mar. 31, 2005). Although the decision in *Almendarez-Torres*has been called into question, *see Shepard v. United States,*— U.S. -, -, 125 S.Ct. 1254, 1264, 161 L.Ed.2d 205 (2005) (Thomas, J., concurring), the Supreme Court has not overruled it. Accordingly, Garza’s argument is foreclosed. *See United States v. Rivera,*265 F.3d 310, 312 (5th Cir.2001).

Garza contends that if *Almendarez-Torres*is overruled and *Blakely*is held to apply to the Federal Sentencing Guidelines, he may not be sentenced based on any prior convictions to which he does not admit or that are not found by a jury beyond a reasonable doubt. Thus, Garza challenges only the fact of his prior convictions. In *United States v. Booker,*— U.S. -, -, 125 S.Ct. 738, 764, 160 L.Ed.2d 621 (2005), the Supreme Court did apply *Blakely*to the Federal Sentencing Guidelines. However, because *Almendarez-Torres*has not been overruled, Garza received zero criminal history points due to the age of his prior convictions, and Garza is not challenging the characterization of his prior conviction for attempt to commit murder as a violent felony, he has not established error, plain or otherwise, with respect to his conviction and sentence.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### HOST INTERNATIONAL, INC., a Delaware Corporation, Appellant, v. SUMMA CORPORATION, a Delaware Corporation, dba DESERT INN HOTEL, Respondent.

No. 9962

August 25, 1978

583 P.2d 1080

*573*Wiener, Goldwater & Waldman, Ltd.,*and *Gerald M. Gordon,*Las Vegas, for Appellant.

*Lionel Sawyer & Collins,*and *Steve Morris,*Las Vegas, for Respondent.

OPINION

*Per Curiam:*

This appeal is from a judgment which denied injunctive and declaratory relief to compel respondent to renew a lease of gift shop space at the Desert Inn Hotel in Las Vegas. The initial lease for a term of 5 years, commencing June 1, 1972, and ending May 31, 1977, required the renewal option to be exercised in writing 90 days prior to expiration of the original term, i.e., no later than March 2, 1977. Written notice was not tendered until April 13, 1977.

The general rule, acknowledged by both parties, is that *574“[t]he right to renew is lost if notice is not given as required by the lease.” Benetti v. Kishner, 93 Nev. 1, 2, 558 P.2d 537, 538 (1977). Nevertheless, appellant contends (1) respondent waived or may be estopped to assert the requirement of written notice; and, (2) special circumstances exist which warrant equitable intervention. Neither contention has merit.

. 1. “A waiver is the intentional relinquishment of a known right. [Citation omitted.] If intention is to be implied from conduct, the conduct should speak the intention clearly.” Reno Realty v. Hornstein, 72 Nev. 219, 225, 301 P.2d 1051, 1054 (1956). This record is devoid of any evidence that respondent intended to waive its right to written notice. *See*Medomak Canning Co. v. York, 57 A.2d 745 (Me. 1948). Furthermore, the facts of this case do not indicate, nor does appellant suggest, that any discussions of the parties lulled appellant into inaction. Consequently, no estoppel arises. *Cf.*Summa Corp. v. Richardson, 93 Nev. 228, 564 P.2d 181 (1977).

2. Although special circumstances may warrant equitable relief from failure to comply with a written notice requirement, no such circumstances are present here. *See, e.g.,*American Houses v. Schneider, 211 F.2d 881 (3d Cir. 1954); Benetti v. Kishner, *supra;*Dugan v. Haige, 54 So.2d 201 (Fla. 1951); Flint v. Mincoff, 353 P.2d 340 (Mont. 1960); Jones v. Gianferante, 111 N.E.2d 419 (N.Y. 1953); Gruber v. Castleberry, 533 P.2d 82 (Ariz.App. 1975); Pouquette v. Double L-W Ranch, Inc., 464 P.2d 350 (Ariz.App. 1970). On the contrary, appellant admitted that timely exercise of written notice was simply “overlooked.” Equity will not intervene to protect a lessee from its own negligent failure to give the required written notice. Medomak Canning Co. v. York, *supra;*I.X.L. Furniture & Carpet Installment House v. Berets, 91 P. 279 (Utah 1907).

Affirmed.
<PAGE>
                                                                    EXHIBIT 23.4


                     (T.J. SMITH & COMPANY, INC. LETTERHEAD)



                      CONSENT OF T.J. SMITH & COMPANY, INC.

        As independent oil and gas consultants, T.J. Smith & Company, Inc.
hereby consents to the use of our reserve report dated as of December 31, 2001
and to all references to our firm included in or made a part of the Mission
Resources Corporation's Annual Report on Form 10-K for the year ended December
31, 2003 to be filed on or about March 1, 2004, and to the incorporation by
reference thereof into Mission Resources Corporation's previously filed
Registration Statements on Form S-3 (333-111955) and Form S-8 (File Nos.
333-105169, 333-63562, 333-54798, 333-57827, 333-27707 and 333-91326).


                                        T.J. Smith & Company, Inc.


                                        By:   /s/ T.J. SMITH
                                             ---------------------
                                             T.J. Smith, P.E.

Houston, Texas
March 1, 2004
# L_2007001EN.01000501.xml

| 4.1.2007 | EN | Official Journal of the European Union | L 1/5 |
| --- | --- | --- | --- |

4.1.2007

EN

Official Journal of the European Union

L 1/5

---

COUNCIL DECISION

of 1 January 2007

appointing members of the Court of Auditors

(2007/2/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 247(1), (2) and (3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b(3) thereof,

Having regard to the Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded, and in particular Article 47 thereof,

Having regard to the Opinions of the European Parliament,

Whereas:

In accordance with Article 47 of the said Act of Accession, the Court of Auditors should be enlarged by the appointment of two additional members for a term of office of six years,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed members of the Court of Auditors for a period of six years with effect from the date of adoption of this Decision:

| | Ms Nadezhda SANDOLOVA |
| --- | --- |

Ms Nadezhda SANDOLOVA

| | Mr Ovidiu ISPIR. |
| --- | --- |

Mr Ovidiu ISPIR.

Article 2

This Decision shall take effect on 1 January 2007.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 1 January 2007.

For the Council

The President

F.-W. STEINMEIER

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-02-2000
<PERIOD-START>                             JAN-04-1999
<PERIOD-END>                               JAN-02-2000
<CASH>                                      22,233,000
<SECURITIES>                                         0
<RECEIVABLES>                                9,008,000
<ALLOWANCES>                                   500,000
<INVENTORY>                                 13,003,000
<CURRENT-ASSETS>                            44,124,000
<PP&E>                                      47,633,000
<DEPRECIATION>                              38,798,000
<TOTAL-ASSETS>                              54,794,000
<CURRENT-LIABILITIES>                       40,551,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   129,005,000
<OTHER-SE>                               (124,556,000)
<TOTAL-LIABILITY-AND-EQUITY>                54,794,000
<SALES>                                    114,887,000
<TOTAL-REVENUES>                           114,887,000
<CGS>                                       80,474,000
<TOTAL-COSTS>                               80,474,000
<OTHER-EXPENSES>                            14,560,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,407,000
<INCOME-PRETAX>                           (26,929,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (26,929,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (26,929,000)
<EPS-BASIC>                                     (1.32)
<EPS-DILUTED>                                   (1.32)


</TABLE>
# Fourth Court of Appeals
**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 14

- 00907

- CV

IN RE SEGREST SALTWATER RESOURCES, LLC

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini , Justice Marialyn Barnard, Justice

Delivered and Filed: January 7, 2015

PETITION FOR WRIT OF MANDAMUS DENIED

On December 29, 2014

, relator filed a petition for writ of mandamus complaining of the

trial court’s order granting a motion to transfer venue of the underlying litigation to Midland

County, Texas

. The court has considered relator’s petition for writ of mandamus and is of the

opinion that rel ator is not entitled to the relief sought. Accordingly, the petition for writ of

mandamus is denied. See T EX

. R. A PP

. P . 52.8(a)

.

PER CURIAM

1 This proceeding arises out of Cause No. 14

- 06

- 0426

- CVA, styled Segrest Saltwater Resources, LLC v. Pyote Water Systems, LLC; Pyote Water Systems II, LLC; Pyote Water Systems III, LLC; Pyote Water Solutions, LLC; Pyote Well Service, LLC; H.H. “ Trip ” Wommack III; George J. Wommack; Petro Waste Environmental, LLC; Petro Waste Environmental LP; and Josh Haislip

, pending in the 218th Judicial District Court, Atascosa County, Texas, the Honorable Stella Saxon presiding.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Targeting Inflammation.                    

*Date:*                         November 21, 2005.                    

*Time:*                         3 p.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Maxine A. Lesniak, MPH, Scientific Review Administrator, Review Branch, DEA, NIDDK, National Institutes of Health, Room 756, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-7792,                         *lesniakm@extra.niddk.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: October 28, 2005.

Anthony M. Coelho, Jr.,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-21991 Filed 11-3-05; 8:45 am]

BILLING CODE 4140-01-M