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

                                                                  Exhibit 10.6.2


                The Second Amendment to the Employment Agreement


This Second Amendment dated January 24, 1997 is made between Madison River
Telephone Company, LLC ("Holdings") and James D. Ogg, ("Executive") pursuant to
paragraph 11 of the Employment Agreement between Holdings and Executive dated
April 17, 1996 ("Employment Agreement").

1.   Section 3.1 of the Employment Agreement shall be amended by adding the
     following paragraph 3.11:

          "Beginning May 1, 1997 and continuing until the closing of the
          Company's First Acquisition Closing Date, Executive shall accrue but
          not vest in any base salary compensation. Executive shall accrue his
          unvested base salary compensation at the rate of $8,333.33 per month
          for full months and pro-rata amount for partial months. Executive
          shall vest in his accrued base salary compensation on the First
          Acquisition Closing Date. In the event there is no first acquisition
          of a business in any form by the Company or the enterprise
          contemplated in the LOI is abandoned or terminated, Executive will not
          vest in his accrued base salary compensation and Holdings shall not
          owe any base salary compensation to Executive and the Executive shall
          have no claims for any base salary compensation against Holdings.
          Beginning after the First Acquisition Date, Holdings shall pay
          Executive a base salary ("Base Salary") at the annual rate of $100,000
          under paragraph 3.1 above unless adjusted under paragraph 3.2."

2.   Section 7.0 is amended to reflect the new address for Executive:

          James D. Ogg

All other provisions of the Employment Agreement remain in full force and
effect.

IN WITNESS WHEREOF, Executive and Holdings have caused this Second Amendment to
the Employment Agreement to be executed as of the date first written above.


                         Madison River Telephone Company, LLC


                         by:   J. STEPHEN VANDERWOUDE
                             ---------------------------------


                               JAMES D. OGG
                         -------------------------------------
                         Executive
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 24, 2021

NO. 03

- 19

- 00436

- CR

Joshua Aaron Bishop , Appellant

v.

The State of Texas , Appellee

APPEAL FROM 426TH DISTRICT COURT OF BELL COUNTY

BEFORE JUSTICES GOODWIN, KELLY, AND SMITH

AFFIRMED

-- OPINION BY JUSTICE SMITH

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the record and the partie s ’ arguments, the Court holds that there was no reversible error in the

trial court’s judgment of conviction

. Therefore, the Court affirms the trial court’s judgment of

conviction

. Because appella n t is indigent and u nable to pay costs, no adjudica t i on of costs

is made.
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350
  AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Golden Queen Mining
  Co. Ltd. (the "Company") on Form 10-QSB for the fiscal quarter ended September
  30, 2003 as filed with the Securities and Exchange Commission on November 12,
  2003 (the "Report"), each of the undersigned, in the capacities and on the dates
  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: November 12, 2003 | /s/ Lutz Klingmann          
|------------------------ | ----------------------------
|                         | Lutz Klingmann              
|                         | President                   
|                         |                             
|Dated: November 12, 2003 | /s/ Keith Gainey            
|                         | Keith Gainey                
|                         | Principal Accounting Officer

---
Case 1:11-cv-02501-LTB Document 7 Filed 09/29/11 USDC Colorado Page 1 of 5
Case 1:11-cv-02501-LTB Document 7 Filed 09/29/11 USDC Colorado Page 2 of 5
Case 1:11-cv-02501-LTB Document 7 Filed 09/29/11 USDC Colorado Page 3 of 5
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Case 1:11-cv-02501-LTB Document 7 Filed 09/29/11 USDC Colorado Page 5 of 5
#### In the Matter of the Accounting of Chemical Corn Exchange Bank, as Substituted Trustee under the Will of Mary W. Parkin, Deceased.

Surrogate’s Court, New York County,

February 1, 1957.

*Francis B. Curry*for substituted trustee, petitioner.

*Edward N. de Russy,*respondent in person.

S. Samuel Di Falco, S.

This is a proceeding for an accounting* and for a construction of the third article of testatrix’ will,

*1056Testatrix died June 21, 1898 leaving a last will which was admitted to probate October 24, 1898. By the third article of her will, she directed the establishment of a trust, the income of which was to be paid to her niece for life. Testatrix directed that if her niece died without issue the remainder should be disposed of in the following manner: *“*then upon her death I direct the said trustee to pay over and convey the said share to my said nephew Bene Amedee de Bussy if he be then living, or to his heirs and next of kin if he be then dead.” The trust terminated on the death of the niece March 31, 1955. No issue was born to the niece. The nephew, Bene Amedee de Bussy, brother of the niece, had died January 6, 1921. At that time his sole heir and next of kin was his sister. However, at the time of the termination of the trust, the nephew’s surviving heirs and next of kin were six members of the de Bussy family, cousins, grandchildren of an uncle. The question is, what is the point of time for ascertaining the class of ‘ ‘ his heirs and next of kin ” — his death, or the termination of the trust?

The will directs that the remainder be distributed to the niece’s issue either equally or as she should apportion by her will. Such a distribution could only be accomplished on her death. Clearly then their interests were contingent until her death. The substitutional gift to the nephew’s heirs and next of kin in default of her issue is an additional indication of the condition and is itself subject to the same condition. The court therefore finds that the remainder vested in the heirs and next of kin of the nephew on the termination of the trust *(New York Life Ins. & Trust Co.*v. *Winthrop,*237 N. Y. 93).

Submit decree accordingly.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF DURWOOD, INC. AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           8,084
<SECURITIES>                                         0
<RECEIVABLES>                                        0
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<INVENTORY>                                      1,000
<CURRENT-ASSETS>                                 8,084
<PP&E>                                           4,442
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  13,526
<CURRENT-LIABILITIES>                            4,077
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<PREFERRED-MANDATORY>                                0
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<COMMON>                                         1,104
<OTHER-SE>                                       8,345
<TOTAL-LIABILITY-AND-EQUITY>                    13,526
<SALES>                                          2,480
<TOTAL-REVENUES>                                 2,480
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                17,085
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (14,605)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (14,605)
<DISCONTINUED>                                       0
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<NET-INCOME>                                  (14,605)
<EPS-PRIMARY>                                   (0.00)
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</TABLE>
**Exhibit 31.1**

 

CERTIFICATION 

 

I, Alex Razmjoo, Chief Executive Officer of Procom Technology, Inc., certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of Procom Technology, Inc.; 

 

2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the periods covered by this quarterly report;

 

3. Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

 

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

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

 

(b) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the periods covered by thisquarterly report based on such evaluation; and 

 

(c) Disclosed in this quarterly report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likelyto materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’sinternal control over financial reporting.
EXHIBIT 32.1

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

In connection with the Quarterly Report on Form 10-QSB of Incentra Solutions
Inc. (the "Company") for the period ended September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Thomas P.
Sweeney III, as Chief Executive Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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.


Date:    December 10, 2004                     By:   /s/ Thomas P. Sweeney III
                                                     -------------------------
                                                     Thomas P. Sweeney III
                                                     Chief Executive Officer




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

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
**Exhibit 31.01**

 

I, Sunil Wadhwani, Chief Executive Officer of iGate Corporation (“iGate”), certify that: 

 

1.    I have reviewed this quarterly report on Form 10-Q of iGate;

 

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

 

3.    Based on my knowledge, thefinancial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented inthis quarterly report; 

 

4.    The registrant’s othercertifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have: 

 

a.    Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is being prepared; 

 

b.    Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and 

 

c.    Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5.    The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function): 

 

a.    All significant deficiencies and material weaknesses in the design or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b.    Any fraud, whether or not material, that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting. 

 

November 14, 2003
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0605

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

DAVID ALAN WARREN,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including May 17, 2024, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 9 2024

04/09/2024

Case Number: DA 23-0605
#### Everett GLENN v. STATE.

3 Div. 763.

Court of Appeals of Alabama.

May 14, 1935.

SAMPORD, Judge.

Appeal dismissed.
# **EXHIBIT 31.2**

#  

**CERTIFICATION PURSUANT TO**

# **SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

#  

I, Thomas S. Wargolet, Chief Financial Officer of Ciprico Inc., certifythat:

 

1.             I have reviewedthis report on Form 10-K of Ciprico Inc.;

 

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(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;

 

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

 

(c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

 

5.             The registrant’sother certifying officer(s) 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 (orpersons performing the equivalent functions):

 

(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and

 

(b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

 

 
| Dated: December 20, 2004 | Signature: | /s/ Thomas S. Wargolet |   |
|--------------------------|------------|-----------------------------|--------|
|                     |       | Thomas S. Wargolet          |
|                     |       | Chief Financial Officer     |

 

----
#### R. L. WATSON v. STATE.

Supreme Court of Florida.

June Term 1953.

Dismissed without opinion.
Exhibit 10.2  NEGATIVE PLEDGE AGREEMENT  This Negative Pledge Agreement is made as
of August 1, 2003, by Intraware, Inc. a Delaware corporation Borrower), in
favor of Silicon Valley Bank, a California-chartered bank (Bank).  In connection with the Loan and Security Agreement of
even date herewith (the Loan Agreement) being concurrently executed herewith
between Borrower and Bank, Borrower agrees as follows:  1.Except for non-exclusive licenses and
exclusive licenses limited to territories outside of the United States and
specific fields of use, Borrower shall not sell, transfer, assign, mortgage,
pledge, lease, grant a security interest in, or encumber any of Borrowers
intellectual property, including, without limitation, the following:  a.Any and all copyright rights, copyright applications,
copyright registrations and like protections in each work or authorship and
derivative work thereof, whetherpublished
or unpublished and whether or not the same also constitutes a tradesecret, now or hereafter existing, acquired or held;  b.Any and all trade secrets, and any and all
intellectual property rights in computer software products now or hereafter
existing, created, acquired or held;  c.Any and all design rights which may be available to
Borrower nor or hereafter existing, created, acquired or held;  d.All patents, patent applications and like protections
including, without limitation, improvements, divisions, continuations,
renewals, reissues, extensions and continuations-in-part of the same, including
without limitation the patents and patent applications;  e.Any trademark and servicemark rights, whether
registered or not, applications to register and registrations of the same and
like protections, and the entire goodwill of the business of Borrower connected
with and symbolized by such trademarks, including without limitation;  f.Any and all claims for damages by way of past, present
and future infringements of any of the rights included above, with the right,
but not the obligation, to sue for and collect such damages for said use or
infringement of the intellectual property rights identified above;  g.All licenses or other rights to use any of the
Copyrights, Patents or Trademarks, and all license fees and royalties arising
from such use to the extent permitted by such license or rights; and  
   h.All amendments, extensions, renewals and extensions of
any of the Copyrights, Trademark or Patents; and  i.All proceeds and products of the foregoing, including
without limitation all payments under insurance or any indemnity or warranty
payable in respect of any of the foregoing.  2.It shall be an event of default under the
Loan Agreement if there is a breach of any term of this Negative Pledge
Agreement.  3.Capitalized terms used but not otherwise
defined herein shall have the same meaning as in the Loan Agreement.  BORROWER:INTRAWARE, INC.a Delaware corporationBy:  /s/
  Wendy NietoName:  Wendy
  NietoTitle: Chief Financial OfficerBANK:SILICON
  VALLEY BANKa
  California-chartered bankBy:  /s/
  Brian HarrisonName: Brian HarrisonTitle:  Chief
  Financial Officer