alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment of LNG Terminal Use Agreement



 Exhibit 10.40 
  
 AMENDMENT OF LNG TERMINAL USE AGREEMENT 
  
 This AMENDMENT OF LNG TERMINAL USE AGREEMENT (the “Amendment”), dated and effective as of this
24th day of January, 2005 (the “Effective Date”), is made by and between TOTAL LNG USA,
INC., a company incorporated under the laws of Delaware with its principal office at One Memorial City Plaza, 800 Gessner Road, Suite 700, Houston, Texas U.S.A. 77024 (“Customer”); and SABINE PASS LNG, L.P., a Delaware
limited partnership with a place of business at 717 Texas Avenue, Suite 3100, Houston, Texas, U.S.A. 77002 (“SABINE”). 
  
 RECITALS 
  
 WHEREAS, SABINE and Customer are parties to that certain LNG TERMINAL USE AGREEMENT (the “Agreement”) dated as of the 2nd day of
September 2004, under which SABINE will provide LNG terminalling services to Customer at the Sabine Pass Facility; and 
  
 WHEREAS, SABINE and Customer desire to amend the Agreement in the manner as set forth herein. 
  
 NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the Parties, SABINE and Customer agree as follows: 
  
 I 
  
 Capitalized terms used in this Amendment and not otherwise defined herein have the meanings given to them in the Agreement. 
  
 II 
  
 Section 10.3(c) of the Agreement is hereby deleted in its entirety, and the following Section 10.3(c) is inserted in lieu thereof: 
  

	 	(c)	Gas Delivery Temperature and Pressure. Gas when delivered by SABINE to Customer shall be at a temperature of not less than 40.0 degrees Fahrenheit and shall meet the pressure
requirements of the Downstream Pipeline; provided, however, that such pressure shall be at least 1000 psig but shall not be required to exceed a maximum pressure of 1440 psig. 

  
 III 
  
 Each of Section 18.1(a)(ii)(d) and Section 18.1(e) of the Agreement, including any cross reference thereto, is hereby
deleted in its entirety. 







 IV 
  
 All provisions of the Agreement not specifically amended hereby shall remain in full force and effect. 
  
 V 
  
 The execution of this Amendment on behalf of Customer shall be null and void if, within 10 days of the Effective Date,
Customer shall not have confirmed in writing to SABINE that the Board of Directors of Customer has approved this Amendment. 
  
 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be duly executed and signed by its duly authorized officer as of the Effective
Date. 
  

							
	SABINE PASS LNG, L.P.	 	TOTAL LNG USA, INC.
				
	By:	 	 Sabine Pass LNG-GP, Inc.,
 its General
Partner
	 	 	 	 
				
	By:	 	 /s/ Charif Souki

	 	By:	 	 /s/ Sveinung J. Stohle


	 	 	Charif Souki	 	 	 	Sveinung J. Stohle
	 	 	Chairman	 	 	 	President and General Manager

  

 2
H. R. 1000

One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

An Act

To adjust the boundary of the William Howard Taft National Historic Site in

the State of Ohio, to authorize an exchange of land in connection with the

historic site, and for other purposes.

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 ‘‘William Howard Taft National

Historic Site Boundary Adjustment Act of 2001’’.

SEC. 2. EXCHANGE OF LANDS AND BOUNDARY ADJUSTMENT, WILLIAM

HOWARD TAFT NATIONAL HISTORIC SITE, OHIO.

(a) DEFINITIONS.—In this section:

(1) HISTORIC SITE.—The term ‘‘historic site’’ means the

William Howard Taft National Historic Site in Cincinnati, Ohio,

established pursuant to Public Law 91–132 (83 Stat. 273; 16

U.S.C. 461 note).

(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Boundary Map, William Howard Taft National Historic

Site, Hamilton County, Cincinnati, Ohio,’’ numbered 448/

80,025, and dated November 2000.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Director of the National

Park Service.

(b) AUTHORIZATION OF LAND EXCHANGE.— (1) EXCHANGE.—The Secretary may acquire a parcel of

real property consisting of less than one acre, which is depicted

on the map as the ‘‘Proposed Exchange Parcel (Outside

Boundary)’’, in exchange for a parcel of real property, also

consisting of less than one acre, which is depicted on the

map as the ‘‘Current USA Ownership (Inside Boundary)’’.

(2) EQUALIZATION OF VALUES.—If the values of the parcels

to be exchanged under paragraph (1) are not equal, the difference may be equalized by donation, payment using donated

or appropriated funds, or the conveyance of additional land.

(3) ADJUSTMENT OF BOUNDARY.—The Secretary shall revise

the boundary of the historic site to reflect the exchange upon

its completion.

(c) ADDITIONAL BOUNDARY REVISION AND ACQUISITION

AUTHORITY.—

(1) INCLUSION OF PARCEL IN BOUNDARY.—Effective on the

date of the enactment of this Act, the boundary of the historic

site is revised to include an additional parcel of real property,

which is depicted on the map as the ‘‘Proposed Acquisition’’.
H. R. 1000—2

(2) ACQUISITION AUTHORITY.—The Secretary may acquire

the parcel referred to in paragraph (1) by donation, purchase

from willing sellers with donated or appropriated funds, or

exchange.

(d) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National

Park Service.

(e) ADMINISTRATION OF ACQUIRED LANDS.—Any lands acquired

under this section shall be administered by the Secretary as part

of the historic site in accordance with applicable laws and regulations.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 05-cr-093-01-JM

Korey Gilman

O R D E R

Defendant appeared for a bail revocation hearing pursuant to

18 U.S.C. § 3148. Defendant did not contest the bail violations

and stipulated to detention. The conditions of release are

revoked.

Accordingly, it is ORDERED that the defendant be detained

pending the hearing on revocation of supervised release. 

The defendant is committed to the custody of the Attorney

General or his designated representative for confinement in a

corrections facility separate, to the extent practicable, from

persons awaiting or serving sentences or being held in custody

pending appeal. The defendant shall be afforded a reasonable

opportunity for private consultation with defense counsel. On

order of a court of the United States or on request of an

attorney for the government, the person in charge of the

corrections facility shall deliver the defendant to the United 

Case 1:05-cr-00093-JM Document 11 Filed 07/21/05 Page 1 of 2
2

States Marshal for the purpose of an appearance in connection

with a court proceeding. 

SO ORDERED.

___________________________________

James R. Muirhead

United States Magistrate Judge

Date: July 21, 2005 

cc: Clyde R.W. Garrigan, Esq.

 Bjorn R. Lange, Esq.

 U.S. Marshal

 U.S. Probation

Case 1:05-cr-00093-JM Document 11 Filed 07/21/05 Page 2 of 2
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### FEB 23 1999 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

EARL W. TALLEY, Petitioner-Appellant, No. 98-6345

v. (D.C. No. CIV-98-627-C) TOM C. MARTIN, (W.D. Okla.) Respondent-Appellee.

ORDER AND JUDGMENT *

Before TACHA , McKAY , and MURPHY , Circuit Judges.

After examining Petitioner-Appellant’s brief and th e appellate record, this panel has determined unanimously that oral argumentwould not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted w ithout oral argument. Petitioner seeks a certificate of appealability to appeal the district court’s dismissal of his writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Proceeding pro se, Petitioner challenged his convic tion in Oklahoma state court-2-

for making a false declaration of ownership to a pawnbroker after two previous felony convictions. Although Petitioner raised num erous arguments in his habeas corpus petition, the magistrate judge recommended t hat the petition be dismissed as untimely under 28 U.S.C. § 2244(d)(1)(A), even i n light of all the available procedural and equitable tolling provisions. In it s Order filed July 22, 1998, the district court adopted the magistrate judge’s report and recommendation and dismissed the petition as untimely. This court has carefully considered and reviewed Pe titioner’s application for a certificate of appealability, his brief, and the record. Because Petitioner’s conviction and sentence became final before April 2 4, 1996, he had until April 23, 1997, to file any habeas corpus petition. See United States v. Simmonds , 111 F.3d 737, 746 (10th Cir. 1997); see also Hoggro v. Boone , 150 F.3d 1223, 1226 (10th Cir. 1998). Petitioner did not file his appl ication until May 5, 1998. We agree with the magistrate judge and the district co urt that none of the procedural and equitable tolling principles apply to make this petition timely. Further, Petitioner’s unsupported claim of innocence, allege d for the first and only time in this appeal, is not a sufficient basis for equitabl y tolling the period of limitation. Cf. Miller v. Marr , 141 F.3d 976, 978 (10th Cir.), cert. denied , U.S. , 119 S. Ct. 210 (1998). Because the section 2254 petiti on was time-barred, the district court properly refused to address the merits of Pet itioner’s claims.-3-

Accordingly, we DENY Petitioner’s request to proceed in forma pauperis on appeal, DENY him a certificate of appealability, and DISMISS the appeal. Entered for the Court

Monroe G. McKay Circuit Judge
#### Robert Soos, Respondent, *v.*Albert Soos, Appellant.

County Court, Niagara County,

November 29, 1956.

*Christy Naples*and *Chester McNeil*for appellant.

*Casimer J. Niemel*for respondent.

Frank J. Kronenberg, J.

Appeal by defendant from a judgment for plaintiff rendered by the North Tonawanda City Court sitting without a jury. The judgment was for collision damage to an automobile.

The judgment must be reversed because the plaintiff was not the registered owner of the automobile, but had caused it to be registered in the name of his mother, who is the wife of the defendant. It is immaterial that plaintiff paid the repair bill.

Section 11 of the Vehicle and Traffic Law requires vehicles to be registered in the name of the owner. *Shuba*v. *Greendonner*(271 N. Y. 189) holds in effect that such distinctions as those between legal ownership and equitable ownership cannot, under this statute, be recognized, at least in collision cases. Accordingly, a defendant in whose name an automobile was registered, was barred from escaping liability by claiming that in fact he was not the owner. Since one may not escape liability by such an assertion, it seems reasonable that likewise he may not impose liability. The public policy embodied in the statute would be equally offended in either case. *Scholick*v. *Fifth Ave. Coach Co.*(188 Misc. 476) is precisely in point. (See, also, annotation in 7 A. L. R. 2d 1347.)

The *Scholick*case intimates by way of obiter that a different result might have obtained if the registered owner had been a party or witness. It seems questionable whether the suggested procedure would be sufficient to smooth the ruffled feathers of the public policy. But that question is not presented on this appeal and is not decided. It may come before the trial court on a retrial, since it is felt that plaintiff should have an opportunity to revise his procedure, if so advised.

The judgment is reversed and a new trial ordered.
exv10w19



 






Exhibit 10.19




First Amendment to the Trizec Properties, Inc.

2002 Long Term Incentive Plan

(Amended and Restated Effective May 29, 2003)




     WHEREAS, Trizec Properties, Inc. (the “Corporation”) has adopted the Trizec Properties, Inc.
2002 Long Term Incentive Plan, which plan was amended and restated effective May 29, 2003 upon
receipt of the approval of the Corporation’s stockholders (the “Incentive Plan”); and



     WHEREAS, Section 13 of the Incentive Plan provides that the Plan may be amended by the Board
of Directors of the Company (the “Board”) without any stockholder approval to the extent that such
amendment does not require a stockholder approval under any securities, corporate or other laws;



     WHEREAS, at a meeting held on December 10, 2004, the Board of Directors approved this
amendment to the Incentive Plan, after having determined that such amendment does not require any
stockholder approval;



     NOW, THEREFORE, the Incentive Plan is amended by deleting and replacing the
definition of “Subsidiary” as it appears in Section 2 of the Incentive Plan with the following
definition:




“Subsidiary” means a corporation, partnership, limited liability company, trust or any other
form of business entity, domestic or foreign, of which not less than 10% of the equity
interest is held directly or indirectly by the Company or a Subsidiary, whether or not such
corporation, partnership, limited liability company, trust or any other form of business
entity now exists or is hereafter formed, created, organized or acquired by the Company or a
Subsidiary; provided, however, that for the purposes of determining the Employees who are
eligible to receive Awards of Incentive Stock Options, the term “Subsidiary” shall be
limited to a corporation or trust, domestic or foreign, of which not less than 50% of the
equity interest is held directly or indirectly by the Company or one or more Subsidiaries
that is a corporate or trust entity, whether or not such corporation or trust now exists or
is hereafter formed, created, organized or acquired by the Company or a Subsidiary that is a
corporate or trust entity.



 









 





     IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized officer of the
Corporation, this 10th day of December, 2004.


	 	 	 	 	 
	 	TRIZEC PROPERTIES, INC.

 	 
	 	/s/ Ted R. Jadwin
 	 
	 	Name:  	Ted R. Jadwin 	 
	 	Title:  	Senior Vice President, General Counsel and

Corporate Secretary
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          91,549
<SECURITIES>                                         0
<RECEIVABLES>                               13,693,984
<ALLOWANCES>                                   978,166
<INVENTORY>                                 12,111,178
<CURRENT-ASSETS>                            29,337,215
<PP&E>                                      71,318,602
<DEPRECIATION>                              35,445,352
<TOTAL-ASSETS>                              69,108,024
<CURRENT-LIABILITIES>                       15,486,811
<BONDS>                                     35,168,688
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        70,446
<OTHER-SE>                                  18,382,079
<TOTAL-LIABILITY-AND-EQUITY>                69,108,024
<SALES>                                     20,734,946
<TOTAL-REVENUES>                            20,763,038
<CGS>                                       16,997,571
<TOTAL-COSTS>                               21,097,858
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             750,526
<INCOME-PRETAX>                            (1,085,346)
<INCOME-TAX>                                   369,018
<INCOME-CONTINUING>                          (716,328)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (716,328)
<EPS-BASIC>                                      (.10)
<EPS-DILUTED>                                    (.10)


</TABLE>
(logo)LNR

          Partners, LLC

 

 

ANNUAL STATEMENT OF COMPLIANCE

 

OF

 

LNR PARTNERS, LLC

 

 

The undersigned, Job Warshaw,being the President of LNR Partners, LLC (the “Special Servicer”), as specialservicer under the applicable Pooling and Servicing Agreement for thetransactions listed on Schedule I hereto, hereby certifies, subject toany limitations listed on Schedule I hereto, as of the date hereof, onbehalf of the Special Servicer, solely in his capacity as an authorized officerof the Special Servicer and not in his individual capacity, as follows:

 

1.            A review ofthe activities performed by the Special Servicer during the period commencingon January 1, 2018 and ending on December 31, 2018 (or any other shorter periodset forth on Schedule I hereto) (the “'Reporting Period”), and of theSpecial Servicer’s performance under the Pooling and Servicing Agreement hasbeen made under my supervision; and

 

2.            To the bestof my knowledge, based on such review and using the applicable servicingcriteria under Item 1122 of Regulation AB, the Special Servicer has fulfilledall of its obligations under the applicable Pooling and Servicing Agreement inall material respects throughout the Reporting Period.

 

LNR PARTNERS, LLC,

a Florida limited liabilitycompany

 

 

By: /s/ Job Warshaw

Job Warshaw

President

 

 

Dated: February 19, 2019

 

 

1601 Washington Avenue • Suite 700 • Miami Beach,Florida 33139-3164

Telephone: (305) 695-5600 • Fax: (305) 695-5601

 

 

 

**Schedule I**

 

 

UBSCM 2018-C11

UBS Commercial Mortgage Trust2018-C11, Commercial Mortgage Pass-Through Certificates, Series 2018-C11

 

Fitch Ratings Inc.

33 Whitehall Street

Attention: CommercialMortgaged Surveillance

New York NY 10004

General Contact

 

Kroll Bond Rating Agency,Inc.,

845 Third Avnue, 4th Floor

Attention: CMBS Surveillance

New York NY 10022

General Contact

 

Moody’s Investors Service,Inc.

7 World Trade Center

250 Greenwich Street

Attn: Commercial MortgageSurveillance Group

New York NY 10007

General Contact

 

Pentalpha Surveillance LLC

375 N. French Road, Suite 100

Amherst NY 14228

Don Simon

 

Pentalpha Surveillance LLC

375 N. French Road, Suite 100

Amherst NY 14228

Group Mail

 

Pentalpha Surveillance LLC

Bass, Berry & Sims PLC

150 Third Avenue South

Nashville TN 37201

Jay Knight

 

UBS Commercial Mortgage SecuritizationCorp.,

UBS AG

153 West 51st Street

New York NY 10019

Chad Eisenberger

 

UBS Commercial Mortgage SecuritizationCorp.,

Cadwalader, Wickersham &Taft LLP

One World Financial Center

New Yoork NY

Frank Polverino

 

UBS Commercial Mortgage SecuritizationCorp.,

1285 Avenue of the Americas

New York NY 10019

Nicholas Galeone

 

Wells Fargo Bank, N.A.

9062 Old Annapolis Road

Columbia MD 21045

Group Notices

 

Wells Fargo Bank, N.A.

9062 Old Annapolis Road

ATTN: UBSCM 2018-C11

Columbia MD 21045 1951

Group Mail
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

V .

Dominick Bailey

Case No . 05-cr-207-01-SM

ORDER

Defendant Bailey's motion to continue the final pretrial conference and

trial is granted (document 9) . Trial has been rescheduled for the March 2006

trial period. Defendant Bailey shall file a waiver of speedy trial rights not later

than November 23, 2005 . On the filing of such waiver, his continuance shall be

effective .

The Court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18

U .S .C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would

unreasonably deny defendant the reasonable time necessary for effective

preparation taking into account the exercise of due diligence under the

circumstances.

Final Pretrial Conference : February 22, 2006 at 2 :30 p .m.

Jury Selection : March 7, 2006 at 9 :30 a.m.

Case 1:05-cr-00207-SM Document 11 Filed 11/18/05 Page 1 of 2
SO ORDERED .

November 18, 2005

cc : Sandra Bloomenthal, Esq.

Debra Walsh, AUSA

US Probation

US Marshal

Steven J/McAuliffe

Chief Judge

2

Case 1:05-cr-00207-SM Document 11 Filed 11/18/05 Page 2 of 2
<PAGE>
                                                                    EXHIBIT 99.1


    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 Form 10Q of PVC Container Corporation ("PVCC") for the
period ended September 30, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Phillip L. Friedman, President
and Chief Executive Officer of PVC Container Corporation, 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, as amended; and

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

/s/ Phillip L. Friedman

Name:  Phillip L. Friedman
Title: President and Chief Executive Officer
Date:  November 12, 2002


                                       18
<PAGE>

                                                                 Exhibit 32.1

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

In connection with the Quarterly Report of PGI Incorporated (the "Company")
on Form 10-QSB for the period ended June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Laurence A. Schiffer, Chief Executive 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 to the best of my 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.


/s/ Laurence A. Schiffer
-----------------------------
Laurence A. Schiffer
Chief Executive Officer (Principal Executive Officer)          August 11, 2006


<FN>
*A signed original of this written statement has been provided to the
 Company and will be retained by the Company and will be furnished to the
 Securities and Exchange Commission or its staff upon request.