alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32




SECTION 1350 CERTIFICATION






In connection with the Quarterly Report on Form 10-Q of Public Storage Properties, Ltd. (the “Partnership”) for the quarterly period ended June 30 ,2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Ronald L. Havner, Jr., as Chief Executive Officer of Public Storage, corporate general partner, and John Reyes, as Chief Financial Officer of Public Storage, corporate general partner, each hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:




(1)
The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and




(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Partnership.




/s/ Ronald L. Havner, Jr.


Name:
Ronald L. Havner, Jr.Title:
Chief Executive Officer of Public StorageCorporate General PartnerDate:
August 12, 2010


/s/ John Reyes


Name:
John ReyesTitle:
Chief Financial Officer of Public StorageCorporate General PartnerDate:
August 12, 2010


This certification accompanies the Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Partnership for purposes of §18 of the Securities Exchange Act of 1934, as amended.




A signed original of this written statement required by §906 of the Sarbanes-Oxley Act of 2002 has been provided to the Partnership, and will be retained and furnished to the SEC or its staff upon request.
----

|   | (1) | the Company’s Annual Report on Form 10-K for the year ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  March 8, 2011 |               |                    |
|---------------------------------|--------------------|-------------------------|
|                            |               |                    |
|                            |               |                    |
|                            | /s/ Glenn R. James |
|                            | Name:              | Glenn R. James          |
|                            | Title:             | Chief Executive Officer |

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

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1997
<PERIOD-END>                               SEP-30-1997             SEP-30-1997
<CASH>                                           73179                   73179
<SECURITIES>                                    158404                  158404
<RECEIVABLES>                                    42564                   42564
<ALLOWANCES>                                      1206                    1206
<INVENTORY>                                       4894                    4894
<CURRENT-ASSETS>                                226407                  226407
<PP&E>                                           83485                   83485
<DEPRECIATION>                                   54079                   54079
<TOTAL-ASSETS>                                  322202                  322202
<CURRENT-LIABILITIES>                            45912                   45912
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                         20570                   20570
<OTHER-SE>                                      235423                  235423
<TOTAL-LIABILITY-AND-EQUITY>                    322202                  322202
<SALES>                                          64716                  168520
<TOTAL-REVENUES>                                 64716                  168520
<CGS>                                            47811                  124299
<TOTAL-COSTS>                                    50026                  130410
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                   310                     925
<INTEREST-EXPENSE>                                 299                     413
<INCOME-PRETAX>                                  17686                   45720
<INCOME-TAX>                                      6264                   16234
<INCOME-CONTINUING>                              11422                   29486
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     11422                   29486
<EPS-PRIMARY>                                     0.18                    0.47
<EPS-DILUTED>                                     0.18                    0.47
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 23.1
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement Nos.
333-38867, 333-53557, and 333-104622 on Form S-8 of our report dated February
27, 2008, relating to the financial statements and financial statement schedule
of Renaissance Learning, Inc. (which report expresses an unqualified opinion and
includes an explanatory paragraph relating to the adoption of Statement of
Financial Accounting Standard No. 123R, Share Based Payments, and FASB
Interpretation No. 48, Accounting for Uncertainty in Income Taxes) and the
effectiveness of Renaissance Learning, Inc.'s internal control over financial
reporting, appearing in this Annual Report on Form 10-K of Renaissance Learning,
Inc. for the year ended December 31, 2007.

/s/ Deloitte & Touche LLP

Milwaukee, Wisconsin
February 27, 2008
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                    EXHIBIT 21.1

                   SUBSIDIARIES OF RENAISSANCE LEARNING, INC.
                              (As of March 1, 2007)

<TABLE>
<CAPTION>
Name                                               Jurisdiction of Organization
----                                               ----------------------------
<S>                                                <C>
AlphaSmart Direct, Inc.                            Wisconsin
Advantage Learning Systems India Private Limited   India
Renaissance Learning of Canada Co.                 Nova Scotia, Canada
Renaissance Learning UK Limited                    United Kingdom
RL Investments, Inc.                               Nevada
RL Asset Management, Inc.                          Nevada
</TABLE>
#### David Smith v. Commissioners of Highways.

1. *Appeals—Freehold*Involved.—A freehold is involved in proceedings by the commissioners of highways to lay out a highway.

Memorándum.—Appeal from the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Heard in this court at the November term, 1893, and appeal dismissed.

Opinion filed December 15, 1893.

The opinion states- the case.

C. M. Pierce, attorney for appellant.

O. T. Reeves, attorney for appellees.

*125Per Curiam.

The errors assigned question the jurisdiction of the appellees, commissioners of highways, over a proceeding to open and lay out a new road, and the validity of an order of the commissioners establishing such road. A freehold is therefore involved, and we are without jurisdiction to determine the contention. Town of Brushy Mound v. McClintock, Appellate Court Illinois, 3d District, and same case on appeal in the Supreme Court, opinions not yet reported; Sanford v. Kain, 127 Ill. 591; Chapin v. Commissioners, etc., 126 Ill. 267.

The appeal must be and is dismissed, leave being given the parties to withdraw the record, abstract and briefs. Appeal dismissed.
<PAGE>

                                   EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT
<PAGE>

                                   EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT


     The following is a list of subsidiaries of the Company at December 31, 1997
and all are included in the Company's consolidated financial statements:

<TABLE>
<CAPTION>
                                    JURISDICTION       PERCENTAGE OF
                                         OF         VOTING SECURITIES
SUBSIDIARY/(1)(2)/                 INCORPORATION          OWNED
------------------                 -------------    -----------------
<S>                                <C>              <C>
First National Bank of Pontotoc    Federal Law                     100%
</TABLE>



                                     NOTES

/(1)/ The Subsidiary is included in the consolidated financial statements.
/(2)/ The Subsidiary conducts business under its own name.
EX-10.1






AMENDMENT TO EMPLOYMENT AGREEMENT

BY AND BETWEEN

TELECOMMUNICATION SYSTEMS, INC. AND EMPLOYEE




WHEREAS, TELECOMMUNICATION SYSTEMS, INC., a Maryland corporation (the “Company”) and [NAME]
(“Employee” or “Executive” under the Employment Agreement, hereinafter, “Employee”) have entered
into an employment agreement, effective as of [EFFECTIVE DATE], as amended (the “Employment
Agreement”);



WHEREAS, the Company and Employee now desire to further amend the Employment Agreement to
change the severance pay upon dismissal without Good Cause or resignation for Good Reason, as
defined therein; and



WHEREAS, Section 12 of the Employment Agreement provides that all amendments must be in
writing signed by both parties.



NOW, THEREFORE, the Company and the Employee, for good and valuable consideration received and
intending to be legally bound, agree that the Employment Agreement is hereby amended effective as
of December 22, 2015, as follows:



1. Section 5.1.3(A) is amended by deleting the entire paragraph and replacing it with the following
paragraph:



(A) Base Salary, at the rate in effect immediately before the date of termination,
for six months; and



2. In all other respects, the Employment Agreement is hereby ratified and confirmed.



IN WITNESS WHEREOF, the Company and Employee have duly executed this Amendment to Employment
Agreement, which document may be executed in two or more counterparts, each being an original and
all of which, when taken together, shall be deemed one instrument.



	 	 	 
	WITNESS/ATTEST
	 	TELECOMMUNICATION SYSTEMS, INC.

By:

	 
	 	 

	 	 	Title:

	 	 	 

	 	 	Date: December , 2015

	 	 	 

	 	 	EMPLOYEE

	 
	 	 

	 	 	Date: December , 2015
<PAGE>


                                                                    EXHIBIT 4.15


                      AMENDMENT TO THE AMENDED AND RESTATED
                  APPOINTED NON-EMPLOYEE DIRECTOR STOCK OPTION
                    PLAN OF AMERICAN FREIGHTWAYS CORPORATION
                    ----------------------------------------


     THIS AMENDMENT, made by the Board of Directors of American Freightways
corporation (the "Company") is effective as of the date indicated below.

                               W-I-T-N-E-S-S-E-T-H

     WHEREAS, the Company sponsors the Amended and Restated Appointed
Non-Employee Director Stock Option Plan of American Freightways Corporation (the
"Plan"); and

     WHEREAS, paragraph 5 of Section 1 of the Plan authorizes the Board of
Directors of the Company to amend the Plan from time to time; and

     WHEREAS, the Board of Directors of the Company has determined that it is in
the best interests of the Plan's participants and beneficiaries and the
Company's shareholders to amend Section 3 of the Plan to provide for the
treatment of options upon the occurrence of certain events.

     NOW, THEREFORE, the Plan is hereby amended as follows:

1. Effective as of the date set forth below, the second paragraph of Section 3
(Recapitalizations and Reorganizations) shall be amended by adding at the end
thereof the following sentence:

          In the event of a merger or consolidation of the Company in which the
     Company does not survive and the agreement of merger or consolidation
     provides that outstanding options shall not terminate (or shall be
     substituted), unless otherwise provided in the agreement of merger or
     consolidation, (i) this Plan shall continue and be effective for purposes
     of administering options previously granted and remaining outstanding (or
     any substituted options), (ii) the successor company (or its parent) to
     such, merger or consolidation shall assume the liabilities hereunder and
     thereunder, and (iii) notwithstanding paragraph 3E of Section 2, if an
     optionee resigns or is terminated as a director as a result of or arising
     from such merger or consolidation of the Company, options granted prior to
     such resignation or termination (or any substituted options) shall continue
     to vest and shall remain exercisable for such time and in such manner as if
     such director had not resigned or been terminated, so long as the director
     agrees to be available to consult on matters affecting the Company or its
     successor for the remainder of the vesting period with respect to the
     options.


This amendment is executed and effective as of this 12th day of November, 2000.
**Exhibit 23.1**

** **

 

CONSENTOF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

 

We consent to the incorporation by referencein the Registration Statements (Form S-8 Nos. 333-83993, 333-50217, 333-50381,333-39376, 333-97765 and 333-98263) pertaining to the Employee Stock PurchasePlan and the 1993 Stock Option Plan, 1995 Stock Option/Issuance Plan, 1997Stock Incentive Plan, 1997 Stock Incentive Plan, as amended, and 2002 StockBonus Plan of Nanogen, Inc., of our report dated January 24, 2003, except Note15 as to which the date is February 27, 2003, with respect to the consolidatedfinancial statements of Nanogen, Inc., included in the Annual Report (Form10-K) for the year ended December 31, 2002.

 

 

 

ERNST& YOUNG LLP

 

San Diego, California

March 26, 2003

 

 

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFOMRATION EXTRACTED FROM
THE THIRD QUARTER 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                      11,702,873
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              44,197,326
<CURRENT-LIABILITIES>                                0
<BONDS>                                    101,968,611
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                (60,207,215)
<TOTAL-LIABILITY-AND-EQUITY>                44,197,326
<SALES>                                              0
<TOTAL-REVENUES>                             1,069,305
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               528,584
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          11,875,434
<INCOME-PRETAX>                           (11,334,713)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (11,334,713)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                             21,377,571
<CHANGES>                                            0
<NET-INCOME>                                10,042,858
<EPS-PRIMARY>                                   132.54
<EPS-DILUTED>                                   132.54
        

</TABLE>
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 1820** 

SAMUEL B. DAVIS., JR. , Plaintiff

– Appellant ,

v. CITY OF NEWPORT NEWS, VIRGINIA; ESTATE OF GLADYS LOUISE BARCLAY, Successor in Interest to Louise Barclay Davis , Defendants

- Appell ee s .

Appeal from the United States District Court for the Eastern District of Virginia , at Newport News
. Rebecca Beach Smith , District Judge. ( 4:10

- cv - 00033

- TEM )

Submitted : October 14, 2010 Decided: October 20, 2010

Befor e MOTZ, KING, and DAVIS , Circuit Judges.

Affirmed by un published per curiam opinion

. Samuel B. Davis, Jr., Appellant Pro Se. Marc Ericson Darnell, KAUFMAN & CANOLES, PC, Newport News, Virginia, for Appellees.

Unpublished opinions are not binding p recedent in this circuit.2 PER CURIAM: Samuel B. Davis, Jr., appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2006) complaint as time barred. The district court concluded that Davis’s complaint was analogous to a Virginia state law cl aim of personal injury, applied Virginia’s two

- year statute of limitations for a personal injury claim, and dismissed as time barred. The court also noted it may lack jurisdiction in light of the nature of the relief Davis seeks. After reviewing the r ecord, we conclude that the district court lacked jurisdiction over Davis’s complaint because of the nature of the relief sought. Davis essentially asked the district court to set aside unfavorable state court judgments. Davis has not identified any gran t of federal jurisdiction allowing the district court to do so, and we conclude that the district court did not err in dismissing the complaint. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and oral argument would not aid the decisional

process.
AFFIRMED
|   | (1) | The      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934;and |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                       |   |                                                                                      |   |
|----------------------------|--------|-------------------------------------------------------------------------------------------|--------|
| Date:      August 19, 2009 | By:    | /s/ Brent      Kopenhaver                                                            |   |
|                       |   | Brent      Kopenhaver                                                                |   |
|                       |   | Chairman,      Executive Vice President, Chief      Financial Officer and Treasurer  |   |

----
1 The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 03-2965

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the District * of Nebraska. Phillip Laverne Johnson, * * [UNPUBLISHED] Appellant. *

___________ Submitted: April 29, 2004 Filed: May 5, 2004

___________ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.

___________ PER CURIAM. Phillip Laverne Johnson pleaded guilty to conspiring to manufacture 50 grams or more of methamphetamine, and to manufacture, distribute, and possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. § 846. The district court 1 sentenced him to 151 months imprisonment and 5 years supervised release. On appeal, Mr. Johnson’s counsel has moved to withdraw and has filed a brief under Anders v.-2- California , 386 U.S. 738 (1967), arguing the court should have granted Mr. Johnson a competency hearing prior to sentencing. After careful review, we conclude counsel’s argument fails. Absent some indication to the contrary, the district court was permitted to presume Mr. Johnson was competent, seeBranscomb v. Norris , 47 F.3d 258, 261 (8th Cir.), cert. denied , 515 U.S. 1109 (1995), and the doubts about Mr. Johnson’s competence expressed by defense counsel at one point prior to sentencing were alone insufficient to require a competency hearing, see Reynolds v. Norris , 86 F.3d 796, 800 (8th Cir. 1996). We find nothing else in the record that would suggest Mr. Johnson was incompetent either during his plea or sentencing hearings. To the contrary, Mr. Johnson answered the district court’s questions coherently during both hearings, there is no indication the court witnessed any unusual behavior by him, and Mr. Johnson testified that his medications did not affect his ability to understand the purpose of the plea hearing. Finally, we have reviewed the record independently pursuant to Penson v. Ohio , 488 U.S. 75 (1988), and we find no nonfrivolous issues. Accordingly, we affirm. We also grant counsel’s motion to withdraw.

______________________________
**EXHIBIT 23.1**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

We consent to the incorporation by reference in Registration Statements No. 333-56829 and No. 333-89465 ofCuraGen Corporation on Forms S-8, and Registration Statements No. 333-32756, 333-47600 and 333-90321 of CuraGen Corporation on Forms S-3 of our report dated January 24, 2003 appearing in this Annual Report on Form 10-K of CuraGen Corporation for theyear ended December 31, 2002. 

 

/s/ DELOITTE & TOUCHE LLP 

 

Hartford, Connecticut 

March 26, 2003