alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Eta:MEMBER= 

2 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

Parraguirre 

share joint physical custody, the parent seeking to relocate outside of the 

state is not eligible to petition for relocation under NRS 125C.200, and 

must move for primary physical custody of the child for the purpose of 

relocating, and the district court must apply the best interest of the child 

standard. We conclude that Potter is analogous to the situation presented 

here, where custody had not been finally established. Therefore, the 

district court properly applied the best-interest-of-the-child standard. See 

NRS 125.480(1) (stating that in determining child custody, the court's sole 

consideration is the child's best interest). We further conclude that 

appellant had an adequate opportunity to present evidence in accordance 

with that standard. 

Appellant next contends that the district court abused its 

discretion in determining that it was in the child's best interest to award 

primary physical custody to respondent in New Hampshire. Having 

reviewed the record, we conclude that the district court did not abuse its 

discretion in determining custody and visitation. See Wallace v. Wallace, 

112 Nev. 1015, 1019, 922 P.2d 541, 543 (1996) (providing that child 

custody decisions rest within the district court's sound discretion). The 

district court considered the appropriate factors under NRS 125.480(4), 

and the court's factual findings are supported by substantial evidence. See 

Rico v. Rodriguez, 121 Nev. 695, 701, 120 P.3d 812, 816 (2005). 

Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

Hardesty 
1 MIMI 

cc: Hon. Charles J. Hoskin, District Judge, Family Court Division 

Carolyn Worrell, Settlement Judge 

The Firm, P.C. 

Steinberg Law Group 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

3 

IWNE SI
#### The People of the State of New York, Respondent, v David M. Abraham, Appellant.

Judgment unanimously affirmed. Memorandum: We reject defendant’s contentions that the prosecution failed to disprove defendant’s agency defense *(see, People v Lam Lek Chong,*45 NY2d 64, 74-75, *cert denied*439 US 935) and that his concurrent sentences of 4 to 12 years are harsh and excessive. (Appeal from judgment of Oneida County Court, Aison, J.—criminal sale of controlled substance, third degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.
EXHIBIT 4.58

                     AMENDMENT TO AGREEMENT WITH SEAN HURD
                             DATED JANUARY 5, 2004













<PAGE>

[IMA EXPLORATION INC.
 LETTERHEAD]


January 5, 2004




Mr. Sean Hurd
101- 2028 W. 11th Avenue,
Vancouver, BC
V6J 2C9

Dear Sean,

Please accept this letter to confirm that your contract with the Company due to
expire June 10, 2004 will be amended effective January 1, 2004. The monthly fee
will be reduced to $2,400.00 per month and under the same terms currently in
place and will be reviewed annually.

If you are in agreement please sign below.

Yours truly,


/s/ NIKOLAOS CACOS

IMA Exploration Inc.
Mr. Nikolaos Cacos
Corporate Secretary


I have read the above letter and agree to the terms as outlined.



/s/ SEAN HURD                                    Jan 5-04
-------------------------------------          -----------------------------
Sean Hurd                                      Date





--------------------------------------------------------------------------------
   TERMINAL CITY CLUB TOWER, SUITE709-837 WEST HASTINGS STREET, VANCOUVER, BC,
                                 CANADA V6C 3N6
         TEL: 604.687.1828 O FAX: 604.687.1858 O TOLL FREE: 800.901.0058
      WWW.IMAEXPLORATION.COM * E-MAIL: INFO@IMAEXPLORATION.COM * TSX-V:IMR
**EXHIBIT31.1**

**CERTIFICATIONS**

I, F. William Capp,certify that:

1.                 I have reviewedthis annual report on Form 10-K of Beacon Power Corporation;

2.                 Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.                 Based on myknowledge, the financial statements, and other financial information includedin 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’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

(a)          Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

(b)         Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

(c)          Disclosed in this reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

5.                 The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors:

(a)          All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

(b)         Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

| March 29, 2007      |
|--------------------------|
| /s/ F. WILLIAM CAPP      |   |
| F. William Capp          |
| Chief Executive  Officer |

 

----
[Exhibit 32.1]


                    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 Quarterly Report of Film and Music
Entertainment, Inc. (the "Company") on Form 10-QSB for the
quarter ending June 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the date indicated
below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to his knowledge:

(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.


Dated:  January 23, 2006      By: /s/ John Daly
                                  -----------------------------
                                  John Daly
                                  Chairman, President and CEO


Dated:  January 23, 2006      By: /s/ Lawrence S. Lotman
                                  -----------------------------
                                  Lawrence S. Lotman
                                  Chief Financial Officer
Exhibit 32  Section 1350 Certifications       Exhibit 32

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

The undersigned, the Chief Executive Officer and the acting Principal Financial and Accounting Officer of Independence Bancshares, Inc. (the Company),
each certify that, to his or her knowledge on the date of this certification:


1.
The quarterly report of the Company for the period ended March 31, 2012 as filed with the Securities and Exchange Commission on this date (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 result of operations of the
Company.



Date:
May 4, 2012
By:/s/ Lawrence R. Miller
Lawrence R. Miller
Chief Executive Officer and acting Principal Financial
and Accounting Officer
IN THE SUPREME COURT FOR THE STATE OF MONTANA 

No. DA 19-0038

MARVIN CURE, 

 Defendant And Appellant, 

v. 

STATE OF MONTANA, 

 Plaintiff And Appellee.

ORDER 

 Upon consideration of the Motion to Withdraw as Counsel of Record, 

and with good cause appearing therefore, 

IT IS HEREBY ORDERED that Defendant and Appellant in this matter, 

Marvin Cure, shall file a response to this motion within thirty (30) days of the date 

of this Order. The response must be served upon all counsel of record, including 

the Attorney General, the County Attorney, and the Appellate Defender’s Office. 

IT IS FURTHER ORDERED that the Clerk of this Court shall give notice of 

this Order by mail to all counsel of record and to Defendant and Appellant Marvin 

Cure at that person’s last known address. 

 Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

July 6 2020

07/06/2020
Exhibit 10.50

EARTHLINK, INC.  2006 EQUITY AND CASH INCENTIVE PLAN        Restricted Stock Unit Agreement

No.
of Restricted Stock
Units Awarded Hereunder:

THIS
RESTRICTED STOCK UNIT AGREEMENT (this "Agreement") dated as of the            day
of                        , 200    , between EarthLink, Inc., a Delaware corporation
(the "Company"), and                                    (the
"Participant") is made pursuant and subject to the provisions of the Company's 2006 Equity and Cash Incentive Plan (the "Plan"), a copy of which is attached
hereto. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.



---





---





---





---





If to the Company:

EarthLink, Inc.
1375 Peachtree StreetLevel A
Atlanta, Georgia 30309
Attention: General CounselIf to the Participant:




---





---



IN
WITNESS WHEREOF, the Company has caused this Agreement to be signed by a duly authorized officer, and the Participant has affixed his signature hereto.

| | COMPANY:            
| | --------------------
| | EARTHLINK, INC.     
| | By:                 
| | Name:               
| | Title:              
| | PARTICIPANT:        
| | [Participant's Name]

---



QuickLinks
exv10w1xhyx2y



 








EXHIBIT 10.1(h)(2)




Waiver Regarding Restricted Stock Grant Agreements




Kenneth P. Manning, President

Sensient Technologies Corporation




     This is to confirm that on October 12, 2006, the Compensation and Development Committee of the
Board of Directors (the “Committee”) of Sensient Technologies Corporation (the “Company”) exercised
its authority to waive restrictions contained in outstanding restricted stock grant agreements
(“Awards”) between you and the Company by providing that the remaining period of restriction in
your outstanding Awards will terminate when you attain age 65 on January 18, 2007, if you are
employed by the Company on that date.



     The Committee also expressed an intention to make any future Awards to you with no period of
restriction.



     As you know, the restrictions in the Awards would have lapsed in any event when you terminate
your employment with the Company after age 65, and eliminating the restrictions when you become 65
is intended to remove any incentive for you to terminate employment prior to the expiration of your
employment contract in 2010.



John L. Hammond, Secretary
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number USTR-2018-0025-7501

General Motors:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
Exhibit 32 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 of Reflect Scientific, Inc. (the Company) on Form 10-K for the period ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Annual Report), we, Kim Boyce, our Chief Executive Officer and director and Keith Merrell, our Chief Financial Officer and Treasurer, 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 Annual 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 our Annual Report fairly presents, in all material respects, our financial condition and result of operations.  Dated: 3/30/2010                               /s/Kim Boyce Kim Boyce Chief Executive Officer and Director   Dated: 3/30/2010                             /s/Keith Merrell Keith Merrell Chief Financial Officer and Treasurer
[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Notices]
[Page 21171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11585]



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

DEPARTMENT OF ENERGY
[Docket No. RP96-219-000]


Southern Natural Gas Co., Notice of GSR Revised Tariff Sheets

May 3, 1996.
    Take notice that on April 30, 1996, Southern Natural Gas Company 
(Southern) tendered for filing as part of its FERC Gas Tariff, Seventh 
Revised Volume No. 1, the following tariff sheets with the proposed 
effective date of May 1, 1996:
    Tariff Sheets Applicable to Contesting Parties:

Ninth Revised Sheet No. 14
Thirty-First Revised Sheet No. 15
Ninth Revised Sheet No. 16
Thirty-First Revised Sheet No. 17
Twentieth Revised Sheet No. 29
Twentieth Revised Sheet No. 30
Twentieth Revised Sheet No. 31

    Southern submits the revised tariff sheets to its FERC Gas Tariff, 
Seventh Revised Volume No. 1, to reflect a slight increase of $.004 in 
its FT/FT-NN GSR Surcharge, resulting from the addition of a credit for 
interim FT services and a decrease in GSR billing units effective May 
1, 1996.
    Southern states that copies of the filing were served upon all 
parties listed on the official service list compiled by the Secretary 
in these proceedings.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with 385.214 and 385.211 of the Commission's Rules of 
Practice and Procedure. All such motions or protests must be filed as 
provided in Section 154.210 of the Commission's Regulations. 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 motion 
to intervene. Copies of Southern's filing are on file with the 
Commission and are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-11585 Filed 5-8-96; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Pages 20834-20835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11396]



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


DEPARTMENT OF THE INTERIOR

National Park System Units in the State of New Jersey

AGENCY: National Park Service, Interior.

ACTION: Notice--Acceptance of concurrent jurisdiction.

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

SUMMARY: Notice is hereby given that the State of New Jersey has ceded 
to the National Park Service (NPS) concurrent jurisdiction over lands 
and waters, owned, leased or administratively controlled, and those 
hereafter acquired,

[[Page 20835]]

leased or administratively controlled by the National Park Service, 
within the boundaries of units of the National Park System within the 
State of New Jersey.

EFFECTIVE DATE: Concurrent jurisdiction, pursuant to the State 
legislation discussed below, became effective on March 28, 1996, upon 
the acceptance by the NPS from the Governor of New Jersey.

FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities 
Division, National Park Service, Washington, DC. Telephone 202-208-
4874.

SUPPLEMENTARY INFORMATION: In August 1995, the State of New Jersey 
passed legislation (P.L. 1995, Chapter 212) ceding to the NPS 
concurrent legislative jurisdiction ``over lands and waters, owned, 
leased or administratively controlled, and those hereafter acquired, 
leased or administratively controlled by the National Park Service, 
within the boundaries of units of the National Park System within the 
State of New Jersey.'' On August 14, 1995, Governor Christine Todd 
Whitman signed the legislation officially ceding the jurisdiction. On 
March 8, 1996, in accordance with 40 U.S.C. Sec. 255, Robert G. 
Kennedy, Director of the National Park Service, Department of the 
Interior, accepted from the State of New Jersey the cessation of 
concurrent legislative jurisdiction over the lands identified in the 
State legislation. Those lands include the following five park units:

1. Delaware Water Gap National Recreation Area
2. The Sandy Hook Unit of Gateway National Recreation Area
3. Morristown National Historic Park
4. Thomas Edison National Historic Site
5. Ellis Island

    Dated: April 16, 1996.
Chris L. Andress,
Acting Associate Director, Park Operations and Education, National Park 
Service.
[FR Doc. 96-11396 Filed 5-7-96; 8:45 am]
BILLING CODE 4310-70-M
Exhibit 32.1

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 of TRX, Inc. (the Company) on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies,
pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 9, 2010



/s/ H. Shane HammondH. Shane HammondChief Executive Officer (Principal Executive Officer)/s/ David D. CathcartDavid D. CathcartChief Financial Officer (Principal Financial Officer)
EXHIBIT 32.01

                  Certification Pursuant to 18 U.S.C. Sec. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

Pursuant to 18 U.S.C. Sec. 1350, the undersigned hereby certifies, to his
knowledge, that the Annual Report of Ocean Power Corporation (the "Company") on
Form 10-KSB for the year ended December 31, 2003 (the "Report") fully complies
with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

       /s/ MICHAEL HOPPER
       ----------------------------
Name:  Michael Hopper
Title: Authorized Signatory
Date:  January 31, 2008

The foregoing certification (i) accompanies the filing and is being furnished
solely pursuant to 18 U.S.C. Sec. 1350, (ii) will not be deemed "filed" for
purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise
subject to the liability of that section, and (iii) will not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or
the Exchange Act, except to the extent that the small business issuer
specifically incorporates it by reference.

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 Ocean Power Corporation and will
be retained by Ocean Power Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40924

Conference Calendar

__________________

TRACEY W. MURPHY,

a/k/a Shakim Supreme,

 Plaintiff-Appellant,

versus

UNIDENTIFIED RAMIREZ, Lt.;

CURTIS STARR, CO III,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:95-CV-162

- - - - - - - - - -

April 17, 1996

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Tracey W. Murphy appeals the dismissal of his 42 U.S.C.

§ 1983 complaint for failure to exhaust administrative remedies. 

We have examined Murphy's arguments and the record and find no

error in the reasons stated by the magistrate judge. Murphy v.

Unidentified Ramirez, No. 6:95-CV-162 (E.D. Tex. Nov. 8, 1995). 

Murphy's appeal is dismissed as frivolous. 5th Cir. R. 42.2.

We caution Murphy that any additional frivolous appeals

filed by him will invite the imposition of sanctions. To avoid

sanctions, Murphy is further cautioned to review any pending
No. 95-40924

-2-

appeals to ensure that they do not raise arguments that are

frivolous because they have been previously decided by this

court.

APPEAL DISMISSED; SANCTION WARNING ISSUED.