alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                   EXHIBIT 10.40

                                 "ADDENDUM #19"

THIS AGREEMENT, made as of March 31, 2004, by and between WEST RENTALS, INC.,
party of the first part as "LESSOR", said party being of the City of Wheeling,
Ohio County, West Virginia, and VALLEY NATIONAL GASES, INC., party of the second
part, as "LESSEE".

NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements hereinafter set forth, the parties hereto do hereby covenant and
agree as follows:

      1)    This Agreement is an addendum to and as well amends and modifies the
            Master Lease as well as any and all other addenda leases or
            contracts relative to the Pittsburgh (Spruce Way) Pennsylvania
            property subject hereof by and between LESSOR and LESSEE and all
            prior Addenda and amendments thereto (collectively "Lease").

      2)    For and in consideration of the payment of Two Hundred Twelve
            Thousand Fifty-eight Dollars ($212,058.00) by LESSOR to LESSEE, as
            of March 31, 2004, the Lease will be terminated as to the Pittsburgh
            (Spruce Way) Pennsylvania property, LESSOR will have total
            possession thereof, and LESSEE will have no further rights or
            obligations with respect thereto, including especially but not
            limited to any further obligation for the payment of rent.

      3)    This Addendum #19 memorializes the agreement of the parties as set
            forth in the correspondence of William A. Indelicato, Chief
            Executive Officer of LESSEE to Glatz and Obecny, PLLC dated March
            25, 2004, addressing buyout of the Lease for the Pittsburgh (Spruce
            Way) Pennsylvania property.

      4)    Except as amended and modified by this Addendum #19, the Lease will
            continue in full force and effect, fully binding on the parties
            hereto, their successors and assigns.

                                        1
<PAGE>

      IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed and delivered by their authorized officers and agents with full
authority therefore as of the day and year first above written.

WITNESSETH:

                                        WEST RENTALS, INC. LESSOR

/s/ Phyllis J. West                     By:  Gary E. West
----------------------------------      Its: President

                                        VALLEY NATIONAL GASES, INC. LESSEE

/s/ Robert D. Scherich                  By:  W A Indelicato
----------------------------------      Its: CEO

                                        2
Exhibit 32.2


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

In connection with the Annual Report on Form 10-K of Merrill Lynch Preferred
Capital Trust II and Merrill Lynch Preferred Funding II, L.P. (the
"Partnership") for the period ended December 26, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John J.
Fosina, Controller of Merrill Lynch & Co., Inc., the General Partner of the
Partnership, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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




                              MERRILL LYNCH PREFERRED FUNDING II, L.P.

                              By:  MERRILL LYNCH & CO., INC., as General Partner


                              By:  /s/ JOHN J. FOSINA
                                   ---------------------------------------------
                              Name:    John J. Fosina *
                              Title:   Controller, Merrill Lynch & Co., Inc.








Dated: March 22, 2004
_____________________

*  John J. Fosina functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of the Partnership for purposes of Section 906
   of the Sarbanes-Oxley Act of 2002.
**EXHIBIT        99.8**

**CERTIFICATION        PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED**

**PURSUANT        TO SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002**

| 1. | The                  Report fully complied 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                  Four                  Seasons Hotels Inc. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                  March 12, 2007 |   | /s/                  Isadore                  Sharp |
|----------------------------------------|--------|-----------------------------------------------------|
|                                   |   | Isadore                  Sharp                      |
|                                   |   | Chief                  Executive Officer            |

----

**CERTIFICATION        PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED**

**PURSUANT        TO SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002**

| 1. | The                  Report fully complied 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                  Four                  Seasons Hotels Inc. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                  March 12, 2007 |   | /s/                  John                  Davison |
|----------------------------------------|--------|----------------------------------------------------|
|                                   |   | John                  Davison                      |
|                                   |   | Chief                  Financial Officer           |
Exhibit 31.2



CERTIFICATION



I, Sharon Doherty, certify that:



1.

I have reviewed this quarterly report on Form 10-Q (this Report) of Integrated Security Systems, Inc.;



2.

Based on my knowledge, this Report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this Report;



3.

Based on my knowledge, the financial statements, and other financial information included in this Report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this Report;



4.

I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:



(a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this Report is being prepared;

(b)

Evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this Report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this Report based on such evaluation; and

(c)

Disclosed in this Report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting;



5.

I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):



(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and

(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.



Date:  February 17, 2009

/s/ SHARON DOHERTY

Sharon Doherty

Chief Financial Officer

Principal Financial Officer
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED DE CEMBER 18, 2018

NO. 03

- 17

- 00797

- CV

Hunter Etcheverry, Appellant

v.

Hugh Hunter Lankford, Appellee

APPEAL FROM 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY

BEFORE JUSTIC ES PURYEAR, BOURLAND , AND TOTH

AFFIRMED

-- OPINION BY JUSTICE BOURLAND

This is an appeal from the judgment signed by the tr i a l court on September 13, 2017. Having

reviewed the record and the parties’ arguments, the C ourt holds that there was no reversible error

in the trial court’s judgment . Therefore, the C ourt affirms the trial court’s judgment

. The

appellant shall pay all costs relating to this appeal, both in this Court and in the court below.
MPD

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0477

STATE OF MONTANA,

Plaintiff and Appellee,

v.

TAMMY JANE SMITH,

Defendant and Appellant.

ORDER

Upon consideration of Appellee’s motion for a 7-day extension of time, and

good cause appearing therefor, 

IT IS HEREBY ORDERED that Appellee is granted an extension of time to 

and including April 25, 2021, within which to prepare, serve, and file its response 

brief.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 13 2021

04/13/2021

Case Number: DA 19-0477
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Page 24940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10642]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. PR10-16-000]


Acacia Natural Gas Corporation; Notice of Baseline Filing

April 29, 2010.
    Take notice that on April 27, 2010, Acacia Natural Gas Corporation 
(Acacia) submitted its baseline filing of its Statement of Operating 
Conditions for the interruptible transportation services provided under 
section 311(a)(2) of the Natural Gas Policy Act of 1978 (NGPA).
    Any person desiring to participate in this rate proceeding must 
file a motion to intervene or to protest this filing must file in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered 
by the Commission in determining the appropriate action to be taken, 
but will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a notice of intervention or 
motion to intervene, as appropriate. Such notices, motions, or protests 
must be filed on or before the date as indicated below. Anyone filing 
an intervention or protest must serve a copy of that document on the 
Applicant. Anyone filing an intervention or protest on or before the 
intervention or protest date need not serve motions to intervene or 
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible online at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#185e5d4a5b57767471767d4b6d6868776a6c587e7d6a7b367f776e"><span class="__cf_email__" data-cfemail="e7a1a2b5a4a8898b8e8982b4929797889593a781829584c9808891">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern time on Friday, May 7, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-10642 Filed 5-5-10; 8:45 am]
BILLING CODE 6717-01-P


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</html>
**EXHIBIT32.2**

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Tower Bancorp, Inc. (the “Company”) on Form 10-Q for theperiod ending March 31, 2007 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Franklin T. Klink, III, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350,as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
|        |   | /s/ Franklin T. Klink, III |   |
|--------|--------|----------------------------|--------|
|   |   | Franklin T. Klink, III     |
|   |   | Chief Financial Officer    |
|   |   | May 8, 2007                |

 

1

----
Opinion issued June 8, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00149-CR

———————————

IN RE WILFRED BOUDINE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Wilfred Boudine has filed a petition for writ of mandamus, asking that 

we direct the trial court to set aside his indictment for failure to provide a speedy 

trial.1

1 The underlying case is The State of Texas v. Wilfred Boudine, cause number 

1612078, pending in the 208th District Court of Harris County, Texas, the 

Honorable Beverly D. Armstrong presiding.
2

We deny the petition. See TEX. R. APP. P. 52.8(a). Any pending motions are 

dismissed as moot. 

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

Do not publish. TEX. R. APP. P. 47.2(b).
Exhibit
99.4








CERTIFICATE
PURSUANT TO


18 U.S.C.
SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








In
connection with the Quarterly Report (the “Report”) on the Form 10-Q of Imperial
Resources, Inc. (the “Company”) for the nine months ended December 31, 2009, as
filed with the Securities and Exchange Commission on the date hereof, I, Josey
Sajan, Chief Accounting Officer, Chief Financial Officer and Director, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and
belief:





1. The
Quarterly Report fully complies with the requirements of Section 13 (a) or 15
(d) of the Securities and Exchange Act of 1934, as amended; and





2. The
information contained in this Quarterly Report fairly presents, in all material
respects, the financial condition and results of operation of the
Company.








Date:
February 3, 2010








JOSEY
SAJAN


Josey
Sajan


Chief
Accounting Officer


Chief
Financial Officer and Director








-1-
EXHIBIT 32



Certification

Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of CuraGen Corporation, a Delaware corporation (the Company), does hereby certify, to such officers knowledge,
that:



The Annual Report on Form 10-K for the year ended
December 31, 2003 (the Form 10-K) of the Company 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 Form 10-K fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|                      |  |  |  |     |  |                                    |  |                                                                                                                             
|--------------------- |  |  |  | --- |  | ---------------------------------- |  | ----------------------------------------------------------------------------------------------------------------------------
|Dated: March 11, 2004 |  |  |  | By: |  | /s/    JONATHAN M. ROTHBERG,
Ph.D.
|                      |  |  |  |     |  |                                    |  | Jonathan M. Rothberg, Ph.D. Chief Executive Officer, President and Chairman of the Board (principal executive officer)      
|                      |  |  | 
|Dated: March 11, 2004 |  |  |  | By: |  | /s/    DAVID M.
WURZER            
|                      |  |  |  |     |  |                                    |  | David M. Wurzer Executive Vice President, Treasurer and Chief Financial Officer (principal financial and accounting officer)



A signed original of
this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements on Forms S-8 (No.  333-53340,  No. 333-76079 and No.  333-124567) and
Forms S-3 (No.  333-111957 and No.  333-127176)  of Bluefly,  Inc. of our report
dated  February 26, 2007  relating to the  financial  statements  and  financial
statement schedule, which appears in this Form 10-K.


/s/ PricewaterhouseCoopers LLP

New York, New York
February 26, 2007
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

STATE OF TENNESSEE v. CHARLES T. SEBREE

Criminal Court for Montgomery County

No. 40539, 40000201

No. M2000-02810-CCA-R3-CD - Filed March 26, 2002

ORDER

The appellant was convicted upon pleas of guilty of the offenses of aggravated burglary,

aggravated assault, and theft of property valued under $500. He received a sentence of five years

for aggravated burglary consecutive to a sentence of five years for aggravated assault. A sentence

of eleven months and twenty-nine days was ordered served concurrently with the five year sentences.

In this appeal, he maintains that his five-year sentence should be reduced to three years because the

trial judge failed to consider the testimony of his girlfriend in mitigation.

His girlfriend testified that the appellant was a good person, good around the house, and good

with her children. She also said that she intended to marry the appellant. The record reflects that

at least six enhancement factors were considered by the trial court as well as three mitigating factors.

Even taking into account the girlfriend’s testimony, the serious nature of the enhancement factors,

particularly the appellant’s criminal history and his failure to abide by the terms of past attempts at

leniency, more than justify the imposition of a sentence of five years on the burglary and assault

convictions. 

Accordingly, the judgment and sentences of the trial court are affirmed pursuant to Rule 20,

Rules of the Court of Criminal Appeals. Because Appellant is indigent, costs are taxed to the State.

____________________________________

JERRY L. SMITH, JUDGE

____________________________________

JOSEPH M. TIPTON, JUDGE

____________________________________

DAVID H. WELLES, JUDGE
Honorable Romeo Flores 

Attorney for Jim Wells County 

P. 0. Drawer 2080 

Alice, Texas 78332 

Opinion No. H-1069 

Re: Whether a justice of 

the peace who moves outside 

his precinct vacates his 

office. 

Dear Mr. Flores: 

You have requested our opinion concerning whether a 

justice of the peace who moves outside of his ,precinct thereby 

vacates his office. 

Article 1.05, Texas Election Code, provides that a 

candidate for justice of the peace must have~resided in the 

precinct for six months. However, the statutes,are silent 

with respect to whether he must remain in the precinct after, 

he is elected and qualifies for office. Article 16, section 

14 of the Texas Constitution requires a justice of the peace 

to reside in the county which he serves, but makes no mention 

of precincts. 

In Attorney General Opinion H-564 (19751 and H-220 (1974) 

we ruled that a iustice of the oeace does not vacate his office 

when his residence falls within-a new precinct pursuant to 

redistricting. See Childress County v. Sachse, 310 S.W.2d 

414 (Tex. Civ. AE;isr -- Amarillo 1958, writ ref'd n.r.e. at 

312 S.W.2d 380). In Attorney General Opinion O-6905 (1945) 

this office advised that a county commissioner could move his 

residence to another precinct within his county without vacating 

his office. 

Under these authorities it is our opinion that a justice 

of the peace may move to a different precinct of his county 

without vacating his office. 

P. 4581 
Honorable Romeo Flores - Page 2 (H-1069) 

'S U M M A R Y 

A justice of the peace may move his residence to a different precinct within the 

county without vacating his office. 

flVery truly yours, 

Attorney General of 

APPROVED: L 

First Assistant 

c. ROgERT HEATH, Chairman 

Opinion Committee 

Texas 

jst 

P. 4582