alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1





August 8, 2002





Larscom Incorporated


1845 McCandless Drive


Milpitas, CA 95035





Gentlemen:





We write in connection with that certain Credit Agreement dated as of December 24, 1996 (the Credit
Agreement) by and between Axel Johnson Inc. (Axel Johnson) and Larscom Incorporated (Larscom), as amended.





The Credit Agreement provides that Larscom may effect a borrowing under the Credit Agreement only if certain conditions are met as of the time of such borrowing. These conditions include, interalia, the conditions set
forth in Sections 5(d) and 6(a) of the Credit Agreement, that as of the time of any borrowing, no material adverse change shall have occurred in the financial condition or the results of operations of Larscom since November 20, 1998 (the No
MAC Condition).





At the request of Larscom, Axel Johnson hereby confirms the following: (i) Axel Johnson is aware that Larscom has
experienced adverse financial results in recent periods relative to historical financial performance; (ii) it is and remains the intent of Axel Johnson that Larscom may undertake borrowings under the Credit Facility, notwithstanding those financial
results, provided Larscom does not experience any material and adverse change in its financial condition or results of operations subsequent to the date hereof.





Accordingly, at the request of Larscom, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Axel Johnson agrees to waive the No MAC Condition with respect to the financial
condition and the results of operations of Larscom as of the date hereof.





Larscom shall be entitled to rely upon this waiver and
confirmation in considering the availability of borrowings under the Credit Agreement and reporting the same in Larscoms publicly filed reports.





Very truly yours,





AXEL JOHNSON INC.





/s/    CHARLES E. MURPHY





Charles E.
Murphy


Vice President and Treasurer
Second Amendment to EarthLink Partner Agreement dated March 19, 2004



 Exhibit 10.33 
  
 SECOND AMENDMENT TO EARTHLINK PARTNER AGREEMENT 
  
 This Second Amendment to EarthLink Partner Agreement is made this 19th day of March, 2004 to the EarthLink Partner Agreement
(as amended, the “Agreement”) dated March 20, 2003, by and between EarthLink, Inc., a Delaware corporation, and CallWave, Inc., a California corporation, as mended on January 6, 2004. All capitalized terms defined in the Agreement and used
herein shall have the same defined meanings in this Second Amendment. 
  
 WHEREAS, the parties wish to make various changes to the Agreement and to extend the Term of the Agreement. 
  
 NOW, THEREFORE, in consideration of the mutual agreement herein, the parties agree as follows: 
  

	1.	 	Section 1(e) shall be deleted in its entirety and replaced with the following: 

  
 “Co-Branded Services” means the version of the Partner Services created, provided and maintained by Partner
for EarthLink which shall be called EarthLink Internet Call Waiting and shall include attribution for CallWave as follows: “Powered by CallWave”. Notwithstanding the foregoing, the parties agree that EarthLink is not obligated to include
the “Powered by CallWave” attribution in any marketing, advertising or other promotional materials. 
  

	2.	 	Section 3.2 shall be deleted in its entirety and replaced with the following: 

  

3.2 Consideration. [*] 


	[*]	 	Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange
Commission. 

  









 [*] 
  

	3.	 	Section 9.1 shall be deleted in its entirety and replaced with the following: 

  

Term. The term of this Agreement will begin on the Effective Date and will run for twenty-four (24) months from the Effective Date (collectively
with any Renewal Terms and the Transition Period, if any, the “Term”). The Agreement shall renew for successive thirty (30) calendar day 


	[*]	 	Confidential treatment has been requested for the bracketed portions. The Confidential redacted portion has been omitted and filed separately with the Securities and Exchange
Commission. 

  

 2 








 
periods (“Renewal Terms”) unless a Party gives written notice of non-renewal of the original Term at least sixty (60) calendar days prior to the
end of the original Term and at least thirty (30) calendar days prior to the end of any Renewal Term. 
  

	4.	 	Except as specifically provided herein, the Agreement shall continue in full force and effect in accordance with its terms. 

  
 IN WITNESS WHEREOF, the parties have entered into this as of the day and year
first set forth above. 
  

									
	 EarthLink, Inc.
	 	 	 	 CallWave, Inc.

					
	By:	 	 	 	 	 	By:	 	/s/    JASON SPIEVAK        
	 	 	
	 	 	 	 	 	

	 Name:
	 	 	 	 	 	 Name:
	 	JASON SPIEVAK
	 	 	
	 	 	 	 	 	 
	 Title:
	 	 	 	 	 	 Title:
	 	CFO
	 	 	
	 	 	 	 	 	 

  
  

 3
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Albert Kuperman

v. No. 06-fp-420

NH Department of Corrections

O R D E R

Plaintiff’s request to proceed in forma pauperis is granted,

but pursuant to 28 U.S.C. § 1915, as amended, the filing fee must

be paid as follows: the sum of $5.40 is due no later than January

15, 2007. In addition, 20% of each preceding month’s income

credited to plaintiff’s account to be remitted by the New

Hampshire State Prison when the amount in the account exceeds

$10.00 until the sum of $350.00 has been paid. Failure to pay

the fee as ordered will result in dismissal of the action without

prejudice. In all other respects plaintiff’s request for in

forma pauperis has been granted. 

This case has been assigned civil number 06-cv-420-JD. 

SO ORDERED.

____________________________________

James R. Muirhead

United States Magistrate Judge

Date: November 30, 2006

cc: Nancy Sue Tierney, Esq.

 Bonnie S. Reed, Financial Administrator

 New Hampshire State Prison, Inmate Accounts

Case 1:06-cv-00420-JL Document 4 Filed 11/30/06 Page 1 of 1
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1947 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1947

   To amend the Federal Food, Drug, and Cosmetic Act to require that 
 fragrances containing known toxic substances or allergens be labeled 
                              accordingly.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2001

Ms. Schakowsky (for herself, and Ms. Berkley) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Food, Drug, and Cosmetic Act to require that 
 fragrances containing known toxic substances or allergens be labeled 
                              accordingly.

    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 ``Safe Notification and Information 
for Fragrances Act''.

SEC. 2. LABELING OF FRAGRANCES WITH RESPECT TO KNOWN TOXIC SUBSTANCES 
              OR ALLERGENS.

    Section 602 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
362) is amended by adding at the end the following:
    ``(g) If it is a fragrance that contains a known toxic substance, 
unless it bears labeling stating that fact and the common or usual name 
of such substance.
    ``(h) If it is a fragrance that contains a known allergen, unless 
it bears labeling stating that fact and the common or usual name of 
such allergen, or the name specified in any definition and standard of 
identity for the allergen under section 401, as applicable.''.
                                 <all>
```
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Pages 7571-7572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2297]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Accreditation and Approval of Camin Cargo Control, Inc., as a 
Commercial Gauger and Laboratory

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of accreditation and approval of Camin Cargo Control, 
Inc., as a commercial gauger and laboratory.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 
CFR 151.13, Camin Cargo Control, Inc., 31 Fulton Street--Unit A, New 
Haven, CT 06513, has been approved to gauge and accredited to test 
petroleum and petroleum products, organic chemicals and vegetable oils 
for customs purposes, in accordance with the provisions of 19 CFR 
151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to 
conduct laboratory analyses and gauger services should request and 
receive written assurances from the entity that it is accredited or 
approved by the U.S. Customs and Border Protection to conduct the 
specific test or gauger service requested. Alternatively, inquires 
regarding the specific test or gauger service this entity is accredited 
or approved to perform may be directed to the U.S. Customs and Border 
Protection by calling (202) 344-1060. The inquiry may also be sent to 
<a href="/cdn-cgi/l/email-protection#06656476286a67646e7746626e7528616970"><span class="__cf_email__" data-cfemail="f0939280de9c91929881b0949883de979f86">[email protected]</span></a>. Please reference the Web site listed below for a 
complete listing of CBP approved gaugers and accredited laboratories. 
http://cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/commercial_gaugers/.

DATES: The accreditation and approval of Camin Cargo Control, Inc., as 
commercial gauger and laboratory became effective on December 14, 2005. 
The next triennial inspection date will be scheduled for December 2008.

FOR FURTHER INFORMATION CONTACT: Commercial Gauger Laboratory Program 
Manager, Laboratories and Scientific Services, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 
20229, (202) 344-1060.


[[Page 7572]]


    Dated: January 31, 2008.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
 [FR Doc. E8-2297 Filed 2-7-08; 8:45 am]
BILLING CODE 9111-14-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### The People of the State of New York, Respondent, v Alex Campbell, Appellant.

[806 NYS2d 422]

Appeal by the defendant from a judgment of the Supreme *563Court, Queens County (Eng, J.), rendered April 13, 2004, convicting him of burglary in the third degree and criminal mischief in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s waiver of his right to counsel was unequivocal, voluntary, and intelligently made (see *People v Smith,*92 NY2d 516 [1998]). The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see *People v Smith, supra; cf. People v Sawyer,*57 NY2d 12 [1982]).

The defendant’s contention that the evidence was not legally sufficient to establish his guilt of the crime of burglary in the third degree is unpreserved for appellate review (see *People v Gray,*86 NY2d 10 [1995]). In any event, viewing the evidence in the light most favorable to the People (see *People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]; *People v Torres,*10 AD3d 426 [2004]). Cozier, J.P., Ritter, Rivera and Fisher, JJ., concur.
**Exhibit 32.1**

**CERTIFICATION UNDER SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

Pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of theundersigned certifies that this periodic report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934 and that information contained in this periodic report fairly presents, inall material respects, the financial condition and results of operations ofGolf Trust of America, Inc. 
| Date: August 16, 2007 |   | /s/ W. Bradley Blair, II              |   |
|-----------------------|--------|--------------------------------------------|--------|
|                  |   | W. Bradley Blair, II                  |
|                  |   | Chief Executive Officer and President      |
|                  |   |                                       |
| Date: August 16, 2007 |   | /s/ Tracy S. Clifford                      |   |
|                  |   | Tracy S. Clifford                          |
|                  |   | Principal Accounting Officer and Secretary |

 

----
<PAGE>   1


                                  EXHIBIT 23.1


<PAGE>   2


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS



The Board of Directors
First Charter Corporation:

We consent to incorporation by reference in the registration statements of First
Charter Corporation (the Corporation) on Form S-4 (No. 333-95003), the
registration statements on Forms S-3 (Nos. 333-60641 and 333-71495) and the
registration statements on Forms S-8 (Nos. 333-43617, 333-54019, 333-54021,
333-54023, 333-60949, and 333-71497), of our report dated January 18, 2000,
relating to the consolidated balance sheets of First Charter Corporation and
subsidiaries as of December 31, 1999 and 1998, and the related consolidated
statements of income, shareholders' equity, and cash flows for each of the years
in the three-year period ended December 31, 1999, which report appears in the
1999 Annual Report to Shareholders and is incorporated by reference in the 1999
Annual Report on Form 10-K of First Charter Corporation.

                                                      KPMG LLP


Charlotte, North Carolina
March 30, 2000
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





I,
      Arthur
      Nadata, Chief Executive Officer of Nu Horizons Electronics Corp., certify
      that:




The
      Form
      10-K of Nu Horizons Electronics Corp. for the period ended February 28, 2007
      fully complies with the requirements of Section 13(a) of the Securities Exchange
      Act of 1934; and




The
      information contained in such report fairly presents, in all material respects,
      the financial condition and results of operations of Nu Horizons Electronics
      Corp. for the periods presented.


/s/
                Arthur NadataArthur
                Nadata
              Chairman
                of the Board and CEO
              Date:
                May 10, 2007





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Nu Horizons Electronics Corp. and will be retained by Nu Horizons Electronics
      Corp. and furnished to the Securities and Exchange Commission or its staff
      upon
      request.
25

B.5. Net Charge-offs of Real Estate Farm Loans Held by Insured Commercial Banks

Estimated volume Share of outstanding real estate farm loans

(millions of dollars) (percent)

Year Total Q1 Q2 Q3 Q4 Total Q1 Q2 Q3 Q4

1999...... 15 0 3 5 7 .051 -.001 .011 .015 .022

2000...... 12 -12 3 8 14 .037 -.037 .009 .022 .040

2001...... 42 10 9 5 17 .123 .030 .027 .014 .049

2002...... 35 8 6 5 16 .097 .022 .017 .014 .041

2003...... 32 4 6 8 14 .082 .010 .015 .021 .034

2004...... 18 1 5 2 10 .044 .003 .012 .005 .021

2005...... 17 2 11 4 0 .039 .005 .024 .009 .000

2006...... 20 2 6 1 12 .042 .003 .012 .002 .023

2007...... 8 -3 0 5 6 .015 -.006 .000 .009 .011

2008...... 54 5 8 12 29 .093 .008 .013 .020 .046

2009...... 184 33 41 34 77 .289 .051 .064 .051 .116

2010...... n.a. 67 n.a. n.a. n.a. n.a. .102 n.a. n.a. n.a.

 Note. Components might not sum to totals because of rounding. Quarterly data are as of end of quarter.

 n.a. Not available.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 07-cr-226-PB

Jose Perez

O R D E R

The defendant, through counsel, has moved to continue the

January 8, 2008 trial in the above case, citing the need for

additional time for further plea negotiations. The government

does not object to a continuance of the trial date.

Accordingly, for the above reason and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from January 8, 2008 to February 5, 2008. In

agreeing to continue the trial, the court finds pursuant to 18

U.S.C.A. § 3161(h)(8)(A) that for the above-stated reasons, the

ends of justice served in granting a continuance outweigh the

best interests of the public and the defendant in a speedy trial. 

Case 1:07-cr-00226-PB Document 13 Filed 01/03/08 Page 1 of 2
2

The court will hold a final pretrial conference on January

24, 2008 at 4:15 p.m.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

January 3, 2008

cc: James Dennehy, Esq.

Terry Ollila, AUSA

United States Probation

United States Marshal

Case 1:07-cr-00226-PB Document 13 Filed 01/03/08 Page 2 of 2
I

107TH CONGRESS

1ST SESSION H. R. 213

To provide a sentence of death for certain importations of significant

quantities of controlled substances.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. SWEENEY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and

Commerce, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide a sentence of death for certain importations of

significant quantities of controlled substances.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Drug Importer Death

5 Penalty Act of 2001’’.
2

•HR 213 IH

1 SEC. 2. INCREASED PENALTIES FOR INTERNATIONAL DRUG

2 TRAFFICKING.

3 Section 1010 of the Controlled Substances Import

4 and Export Act (21 U.S.C. 960) is amended by adding

5 at the end the following:

6 ‘‘(e)(1) Notwithstanding any other provision of law,

7 the court shall sentence a person convicted of a violation

8 of subsection (a), consisting of bringing into the United

9 States a mixture or substance—

10 ‘‘(A) which is described in subsection (b)(1);

11 and

12 ‘‘(B) in an amount the Attorney General by

13 rule has determined is equal to 100 usual dosage

14 amounts of such mixture or substance;

15 to imprisonment for life without possibility of release. If

16 the defendant has violated this subsection on more than

17 one occasion and the requirements of chapter 228 of title

18 18, United States Code, are satisfied, the court shall sen19 tence the defendant to death.

20 ‘‘(2) The maximum fine that otherwise may be im21 posed, but for this subsection, shall not be reduced by op22 eration of this subsection.’’.

23 SEC. 3. CONFORMING AMENDMENTS TO TITLE 18, UNITED

24 STATES CODE.

25 (a) INCLUSION OF OFFENSE.—Section 3591(b) of

26 title 18, United States Code, is amended—
3

•HR 213 IH

1 (1) by striking ‘‘or’’ at the end of paragraph

2 (1);

3 (2) by striking the comma and inserting ‘‘; or’’

4 at the end of paragraph (2); and

5 (3) by inserting after paragraph (2) the fol6 lowing:

7 ‘‘(3) an offense described in section 1010(e)(1)

8 of the Controlled Substances Import and Export

9 Act;’’.

10 (b) ADDITIONAL AGGRAVATING FACTOR.—Section

11 3592(d) of title 18, United States Code, is amended by

12 inserting after paragraph (8) the following:

13 ‘‘(9) SECOND IMPORTATION OFFENSE.—The of14 fense consisted of a second or subsequent violation

15 of section 1010(a) of the Controlled Substances Im16 port and Export Act consisting of bringing a con17 trolled substance into the United States.’’.

Æ
**Exhibit 10.10**

 

**AGREEMENTAND SETTLEMENT**

 

March 22,2005

 

AGREEMENT AND SETTLEMENT (“Agreement”) madeas of this date and incorporating the terms of an oral agreement established onor about August 9, 2004, between Datameg Corp., a New York corporation(the “Company”), and Kanti Purohit (“Consultant”).

 

WHEREAS, Consultant possesses knowledge andskills that can be beneficial to Company; and

 

WHEREAS, the President of the Company (the “President”)recognizes that the Consultant’s contribution to the growth and success of theCompany can be substantial

 

NOW, THEREFORE, in consideration of themutual covenants and agreements herein contained, the parties agree as follows:

 

1. Employment Period. The Company enteredinto an oral agreement with Consultant on or about August 9, 2004 toemploy Consultant on the terms and conditions set forth herein, for the periodcommencing on August 9, 2004 and ending on March 3, 2005.

 

2. Position and Duties. Consultant performedthe functions and duties as was reasonably prescribed from time to time by thePresident. The Consultant devoted his time and efforts to the business andaffairs of the Company and the promotion of its interests and performed allduties and services on behalf of the Company necessary to carry out such functions.

 

3. Compensation. Consultant and Companyagreed on a salary at the weekly equivalent of $150,000.00 per annum.

 

4. Settlement Terms. In full satisfaction ofall employment-related claims, including but not limited to salary, stockissuances and other benefits, Consultant and Company agree to the following:

 

(a)           One-timepayment to Consultant of $l0,000.00, bank or cashier’scheck, on or before March 22, 2005.

 

(b)           Stockissuance to Consultant of 350,000 shares, common of Company stock (DTMG; OTCBB), on or before April 8, 2005. As of this date, this issuance will bringConsultant’s holdings to l,350,000 shares, common, ofCompany stock. Company and Consultant agree that these shares will beregistered with the Company’s next SB-2 filing with the SecuritiesExchange Commission.

 

IN WITNESS WHEREOF, the parties have executedthis Agreement effective on the date and year written above.

 
|                      | Datameg Corp.            |
|---------------------------|--------------------------|
|                      |                     |
|                      |                     |
| /s/ Kanti Purohit         |                     | By: | /s/ Andrew Benson |   |
| Kanti Purohit, Consultant | Andrew Benson, President |
|                           |                          |  |  |  |

 

----