alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|   | (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 result of operations of the      Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Richard E. Gathright                                          |   |
|-------------------------------------------------------------------|--------|
| Richard      E. Gathright                                         |   |
| Chairman      of the Board, Chief Executive Officer and President |
| (Principal      Executive Officer)                                |   |
| February      16, 2010                                            |   |
|                                                              |   |
|                                                              |   |
| /s/ Michael S. Shore                                              |   |
| Michael      S. Shore                                             |   |
| Chief      Financial Officer, Treasurer and Senior Vice President |
| (Principal      Financial Officer)                                |   |
| February      16, 2010                                            |   |

----
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 filing of HomeLife,  Inc.'s (the  "Company")  Quarterly
Report on Form 10-QSB for the period ended February 28, 2005 with the Securities
and Exchange  Commission on the date hereof (the "Report"),  I, Andrew Cimerman,
the President and 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:

      (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 / Andrew Cimerman
                                        -----------------------------------
                                        Andrew Cimerman
                                        President and
                                        Chief Executive Officer
Date: April 14, 2005
<PAGE>

                                  EXHIBIT 10.48

                             SECOND AMENDMENT OF THE
                             COLLABORATION AGREEMENT

      This Second Amendment (this "SECOND AMENDMENT") to the Collaboration
Agreement is made and entered into as of October 7, 2003, by and between
EPIMMUNE INC., having a principal place of business at 5820 Nancy Ridge Drive,
San Diego, CA 92121 ("EPMN"), and GENENCOR INTERNATIONAL, INC., having a
principal place of business at 925 Page Mill Road, Palo Alto, CA 94304-1013
("GCOR") (collectively referred to herein as the "PARTIES") agree as follows:

      WHEREAS, the Parties have entered into that certain Collaboration
Agreement dated July 9, 2001, as amended by the First Amendment of the
Collaboration Agreement, dated October 16, 2002 (the "COLLABORATION AGREEMENT");
and

      WHEREAS, the Parties wish to amend the Collaboration Agreement on the
terms and conditions set forth herein;

      NOW, THEREFORE, in consideration of the mutual undertakings of the Parties
as set forth below as well as other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, GCOR and EPMN do hereby
mutually agree as follows:

A. Article VII shall be amended to add new section 7.3 as follows:

   7.3      Transgenic Animals. Transgenic animals (A2, A11 and B7 transgenic
            mice) provided by EPMN to GCOR pursuant to Section 7.2, for research
            purposes within the Program, can be used beyond the Collaboration
            Term solely as related to the development of Licensed Products;
            provided, that, the right to use such transgenic animals shall
            automatically terminate upon the termination or expiration of the
            License Agreement.

B. All terms and conditions of the Collaboration Agreement remain in full force
and effect, as modified hereby and are hereby ratified by the parties.

C. From and after the effective date of this Second Amendment to the
Collaboration Agreement, the term "Agreement" shall be deemed to mean the
Collaboration Agreement as hereby modified.

      IN WITNESS WHEREOF, the Parties have caused this Second Amendment to the
Collaboration Agreement to be executed by and through their duly authorized
representatives as of the date first above written.

                                       1
<PAGE>

                             SECOND AMENDMENT OF THE
                             COLLABORATION AGREEMENT

EPIMMUNE INC.

By:   /s/ Robert J. De Vaere
     ---------------------------
     Robert J. De Vaere
     Vice President, Finance and
     Chief Financial Officer

GENENCOR INTERNATIONAL, INC.

By:    /s/ Mark A. Goldsmith
     -----------------------------
       Mark A. Goldsmith, MD, Ph.D.

Title: Senior Vice President, Health Care

                                       2
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Adam Nagle

v. Case No. 08-cv-432-SM

Richard M. Gerry, Warden,

New Hampshire State Prison, et al. 

O R D E R

I herewith approve the Report and Recommendation of Magistrate Judge

James Muirhead dated February 17, 2009, no objection having been filed , for the

reasons set forth therein. Plaintiff’s Motion for Preliminary Injunction (document

no. 8) is hereby denied.

SO ORDERED.

March 13, 2009 _________________________________

Steven J. McAuliffe

Chief Judge

cc: Adam H. Nagle, pro se

Deborah Weissbard, Esq.

Case 1:08-cv-00432-SM Document 45 Filed 03/13/09 Page 1 of 1
#### *793*Third Avenue Corp., Respondent, *v.*Henry Lee, Appellant.

Supreme Court, Appellate Term, First Department,

December 13, 1956.

*John J. Ahearn*for appellant.

*David E. Oltarsh*and *Julius R. Oltarsh*for respondent.

*Per Curiam.*

Assuming *arguendo*that the facts alleged by the landlord make out a question as to whether tenant violated the terms of his tenancy, the tenant should have been given written notice to cure the alleged violation as provided in section '8 (subd. [b], par. [1]) of the Commercial Rent Law (L. 1945, ch. 3, as amd.) Likewise there is a failure of proof that the occupancy of the tenant was in violation" of the certificate of occupancy for the premises inasmuch as such certificate was not produced upon the trial. Nor was there any proof of a nuisance being committed.

The final order should be reversed, and a new trial ordered, with $30 costs to appellant to abide the event. " '

Hoestadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.
##### 



Exhibit 99.3

INDEPENDENT AUDITORS CONSENT

We consent to the incorporation by reference of our auditors report and
comments by auditors for U.S. readers on Canada-U.S. reporting differences,
both dated February 26, 2003, in Registration Statements No. 333-12130 on Form
F-3, No. 333-12780, 333-12802 and 333-12804 on Form S-8 and No. 333-97069 on
Form F-10 of BCE Inc. and to the use of our reports dated February 26, 2003,
in this Annual Report on Form 40-F of BCE Inc. for the year ended December 31,
2002.

| |                                                    
| | ---------------------------------------------------
| | (signed) Deloitte & Touche LLPDeloitte & Touche LLP

Montreal, Canada
April 10, 2003
Fourth Court of Appeals

San Antonio, Texas

October 18, 2019

No. 04-19-00409-CV

Frederick O. SILVER,

Appellant

v.

TOYOTA MOTOR MANUFACTURING TEXAS, INC., ET AL.,

Appellee

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2019-CI-05365

Honorable Rosie Alvarado, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Chief Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

On October 16, 2019, we issued an opinion and judgment affirming the trial court’s June 

5, 2019 Order on Ability to Pay Costs and ordering appellant to pay the $205 notice of appeal 

filing fee within 15 days. After we issued our opinion and judgment, appellant filed a “Response 

to Judgment and Order to Pay $205 Appeal Fee” and a “Response to Affirmed as to June 5, 2019 

Order on Ability to Pay Costs.” We construe these filings as motions for rehearing of our 

October 16, 2019 opinion and judgment. See Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 

(Tex. App.—San Antonio 2017, no pet.) (noting that “we liberally construe pro se pleadings and 

briefs”).

The panel has considered appellant’s motions for rehearing. The motions are DENIED. 

See TEX. R. APP. P. 49.3.

We ORDER appellant to pay the $205 filing fee for this appeal to this court within 15 

days of the date of our October 16, 2019 opinion and judgment. We caution appellant that the 

failure to pay the filing fee will result in the dismissal of his appeal. TEX. R. APP. P. 5, 42.3.
_________________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 18th day of October, 2019.

___________________________________

Luz Estrada,

Chief Deputy Clerk
#### PEET-MILANO ICE CO., Inc., v. PISCIOTTA.

No. 16339.

Court of Appeal of Louisiana. Orleans.

Jan. 13, 1936.

A. H. Ritter, of New Orleans, for appellant.

Geo. M. Brooks, of New Orleans, for appellee.

PER CURIAM.

On December 30, 1935, Louis Pisciotta, appellee, filed in this court motion to dismiss this appeal, stating in the motion “that no valid, legal and proper appeal bond, conditioned as the law directs, was filed herein.”

On January 3, 1936, plaintiff-appellant filed in this court a document styled “Return on Motion to Dismiss Appeal,” in which it stated that, “while not admitting that the appeal bond herein furnished is insufficient,” it “has this day filed a new appeal bond, a certified copy of which is annexed hereto.”

It is provided in Act No. 112 of 1916, § 3, as amended by Act No. 284 of 1928, that where motion is made to dismiss an appeal for any error, insufficiency, or inaccuracy in an appeal bond, and the appellant, within four days, shall file in the court a qua a new bond, the motion to dismiss the appeal shall not be granted. Such a new bond has been filed and, therefore, the motion to dismiss the appeal must be overruled.

It is therefore ordered, adjudged, and decreed that the motion to dismiss this appeal be, and it is, overruled.

Motion to dismiss overruled.
<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  Quarterly  Report of Olympic  Cascade  Financial
Corporation  (the "Company") on Form 10-Q for the fiscal quarter ended March 31,
2003 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the "Report"),  I, Mark  Goldwasser,  Chief  Executive  Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:

(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 the
      Company.

                                                 /s/ Mark Goldwasser
                                                 -----------------------
                                                 Mark Goldwasser
                                                 Chief Executive Officer
                                                 May 15, 2003

<PAGE>
<PAGE>

EXHIBIT 32

                                  CERTIFICATION

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18
U.S.C. Section 1350, as adopted), Charles J. Drake, Chief Executive Officer of
Integral Vision, Inc. (the "Company"), and Mark R. Doede, Chief Financial
Officer of the Company, each hereby certifies that, to the best of their
knowledge:

1.   The Company's Annual Report on Form 10-K for the year ended December 31,
2002 (the "Periodic Report"), to which this Certification is attached as Exhibit
99.1 fully complies with the requirements of Section 13(a) or Section 15(d) of
the Securities Exchange Act of 1934, as amended; and

2.   The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.

DATED: March 26, 2004

                                                       /S/ Charles J. Drake
                                                       -------------------------
                                                       Charles J. Drake
                                                       Chief Executive Officer

                                                       /S/ Mark R. Doede
                                                       -------------------------
                                                       Mark R. Doede
                                                       Chief Financial Officer

                                       57
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000718943
<NAME> DYCO OIL & GAS PROGRAM 1982-1 LIMITED PARTNERSHIP
       
<S>                             <C>
<PERIOD-TYPE>                   10-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         135,676
<SECURITIES>                                         0
<RECEIVABLES>                                   64,236
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               199,912
<PP&E>                                      52,550,911
<DEPRECIATION>                              52,374,170
<TOTAL-ASSETS>                                 436,000
<CURRENT-LIABILITIES>                            7,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     375,764
<TOTAL-LIABILITY-AND-EQUITY>                   436,000
<SALES>                                        317,267
<TOTAL-REVENUES>                               319,923
<CGS>                                                0
<TOTAL-COSTS>                                  233,416
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 86,507
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             86,507
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    86,507
<EPS-PRIMARY>                                        9
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEETS OF THE STREICHER MOBILE FUELING, INC. AS OF JANUARY 31, 1996 AND OCTOBER
31, 1996 (UNAUDITED) AND THE RELATED STATEMENTS OF OPERATIONS, SHAREHOLDERS'
EQUITY AND CASH FLOWS FOR EACH OF THE THREE MONTHS AND THE NINE MONTHS ENDED
OCTOBER 31, 1995 AND 1996 (UNAUDITED) AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-START>                             AUG-01-1996
<PERIOD-END>                               OCT-31-1996
<CASH>                                          55,896
<SECURITIES>                                    95,023
<RECEIVABLES>                                4,247,959
<ALLOWANCES>                                    40,000
<INVENTORY>                                     69,620
<CURRENT-ASSETS>                             4,546,648
<PP&E>                                       4,183,291
<DEPRECIATION>                                 876,574
<TOTAL-ASSETS>                               8,361,115
<CURRENT-LIABILITIES>                        6,372,803
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,000
<OTHER-SE>                                     292,766
<TOTAL-LIABILITY-AND-EQUITY>                 8,361,115
<SALES>                                      9,009,960
<TOTAL-REVENUES>                             9,009,960
<CGS>                                        8,119,580
<TOTAL-COSTS>                                8,119,580
<OTHER-EXPENSES>                               548,689
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              93,584
<INCOME-PRETAX>                                250,464
<INCOME-TAX>                                   (93,283)
<INCOME-CONTINUING>                            160,181
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   160,181
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .11
        

</TABLE>
EXHIBIT 32.1



CHIEF EXECUTIVE OFFICER CERTIFICATION OF PERIODIC REPORT UNDER SECTION 906 OF THE SARBANES-OXLEY ACT



I, Gary W. Rada, President and Chief Executive Officer of Factory Card & Party Outlet
Corp. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



(1) the Quarterly Report on Form 10-Q of the Company for the quarter ended July 30, 2005 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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: September 12, 2005            
|                                     
|/s/ Gary W. Rada                     
|Gary W. Rada                         
|President and Chief Executive Officer



32
**Exhibit10.10.2**

 

**RESOLUTIONA03-16**

 

**ACCESS ANYTIME BANCORP, INC.**

# **A DelawareCorporation**

(the “Company”)

 

----

 

**AMENDMENT NO. 2****TO THE****ACCESSANYTIME BANCORP, INC.****NON-EMPLOYEEDIRECTOR RETAINER PLAN**

 

This Amendment No. 2 is made by Access AnytimeBancorp, Inc. (the “Company”) to be effective as of April 26, 2001.

 

**WHEREAS**, the Access Anytime Bancorp, Inc.Non-Employee Director Retainer Plan (the “Plan”) was approved by the Company’sshareholders on May 30, 1997, and became effective on that date; and

 

**WHEREAS**, Amendment No. 1 to the Plan,providing that non-employee directors of subsidiaries or affiliates may beparticipants in the Plan, was approved by the Company’s shareholders on April26, 2001, and became effective on that date; and

 

**WHEREAS**, the Company reserves the right toamend the Plan pursuant to Section 6.4, including the right to makenon-material amendments to the Plan that do not require approval of theCompany’s shareholders; and

 

----

 

**WHEREAS**, the Company desires to amend thePlan to (1) give the option to non-employee directors of an Approved Subsidiaryto elect not to participate in the Plan and therefore receive all of theirCompensation in cash, and (2) clarify that the Plan does not award fractionalStock Units.

 

**NOW THEREFORE**, the Company hereby amendsthe Plan as follows:

 

1.                                       Section1.3(i) of the Plan (added by Amendment No. 1) shall be modified to read asfollows:

 

1.3(i) “Approved Subsidiary” means any affiliate orsubsidiary of the Company (a) which the Company’s Board of Directors may fromtime to time determine to bring under the Plan, and (b) whose own board ofdirectors may also approve the Plan, but provide that each of theirnon-employee directors may irrevocably elect prior to the beginning of eachPlan year, but no later than the November 30 preceding the beginning of a PlanYear, to not participate in the Plan and continue to receive all of theirCompensation in cash.

 

2.                                       Section4.1 of the Plan shall be modified by deleting and replacing the sentence“Fractional amounts shall be rounded to the nearest ten thousand shares” withthe following sentence:

 

2

----

 

“Fractional amounts shall be rounded to the nearestshare; i.e. amounts less than 0.5 shall be rounded down and amounts greater thanor equal to 0.5 shall be rounded up to the nearest share.”

 

**IN WITNESS WHEREOF**, Access Anytime Bancorp,Inc. has caused this Amendment No. 2 to the Non-Employee Director Plan to beexecuted by an authorized officer on May 22, 2003 to be effective as of April26, 2001.

 
| (seal)              |   |                      |
|---------------------|--------|---------------------------|
|                |   |                      |
|                |   |                      |
| /s/ Kathy Allenberg |   | /s/ Norman R. Corzine     |   |
| Kathy Allenberg     |   | Norman R. Corzine         |
| Corporate Secretary |   | Chairman of the Board and |
|                |   | Chief Executive Officer   |

 

3

----
#### John F. NICHOLSON, as Clerk of the Board of County Commissioners of Marion County, a political subdivision of the State of Florida, ex officio Zoning Director of said County, Appellant, v. G. Q. WYATT and his wife, Rosetta Wyatt, Appellees.

Supreme Court of Florida. Division B.

Jan. 28, 1955.

Frank C. Decker and Virgil L. Milbrath, Ocala, for appellant.

William G. O’Neill and Greene, Ayres & Greene, Ocala, for appellees.

PER CURIAM.

Affirmed.

MATHEWS, C. J., and THOMAS and HOBSON, TJ., concur.

DREW, J., concurs specially.

DREW, Justice

(concurring specially).

The pivotal point in this litigation is whether the appellee property owners were using the subject property for a trailer park prior to and at the time the zoning regulation of Marion County became effective, thereby placing the property in the category of a non-conforming use under the applicable provisions of the zoning regulation. This presents purely a question of fact. The chancellor below heard the evidence and found as a matter of fact that the property had been so used prior to the adoption of the zoning regulation and enjoined the authorities from interfering with the continued use of it. There is competent, substantial evidence in the record to support these findings of fact and, for that reason, there is no basis for us to interfere with his decision.

I, therefore, concur in the per curiam judgment of affirmance.