alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### TRADIN ORGANICS USA, INC., Plaintiff-Appellant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellee.

No. 08-0853-cv.

United States Court of Appeals, Second Circuit.

April 16, 2009.

*11Joseph A. Kilbourn, Mount Kisco, NY, for Appellant.

Steven Irwin Lewbel, New York, NY, for Appellee.

PRESENT: Hon. DENNIS JACOBS, Chief Judge, Hon. JOSÉ A. CABRANES, Hon. SONIA SOTOMAYOR, Circuit Judges.

*SUMMARY ORDER*

Plaintiff-Appellant Tradin Organics USA, Inc. (“Tradin”) appeals from a judgment and order of the United States District Court for the Southern District of New York (Pauley, J.) denying its summary judgment motion and granting summary judgment to Defendant-Appellant Maryland Casualty Company (“Maryland”). We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.

‘We review de novo the district court’s grant of summary judgment, drawing all factual inferences in favor of the nonmoving party.” *Paneccasio v. Unisource Worldwide, Inc.,*532 F.3d 101, 107 (2d Cir.2008).

Exclusions like the “Your Product” exclusion here are “intended to exclude coverage for damage to the insured’s product, but not for damage caused by the insured’s product to persons or property other than the insured’s own product.” *Lowville Producer’s Dairy Coop. v. Am. Motorists Ins. Co.,*198 A.D.2d 851, 853, 604 N.Y.S.2d 421, 422 (4th Dep’t 1993); *see also Hartog Rahal P’ship v. Am. Motorists Ins. Co.,*359 F.Supp.2d 331, 333 (S.D.N.Y.2005). As such, “[t]he risk that [Tradin] would be required to make good on its warranty of quality was a contractual or commercial risk that [Maryland] did not intend to insure.” *Lowville,*198 A.D.2d at 853, 604 N.Y.S.2d at 423. The policy provided by Maryland was “a liability policy, not a performance bond.” *Id.*Because Tradin’s claim was based on damage to Tradin’s product—a risk specifically excluded by the “Your Product” provision—Maryland properly denied coverage of the claim.

“Exclusions in policies of insurance must be read seriatim, not cumulatively, and if any one exclusion applies there can be no coverage since no one exclusion can be regarded as inconsistent with another.” *Zandri Constr. Co. v. Firemen’s Ins. Co. of Newark,*81 A.D.2d 106, 109, 440 N.Y.S.2d 353, 356 (3d Dep’t 1981) (citation omitted).

Since the ‘Your Product” exclusion clearly applied to bar coverage of Tradin’s claim, it is irrelevant whether the ‘Your Work” exclusion—and/or its exception— also applied. Coverage was already barred, the “Your Work” exclusion did not create an affirmative grant of coverage, and there was no ambiguity as to the contractual language.

For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
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




       In connection  with the Annual Report of Berkeley  Technology  Limited on
Form 10-K for the year ended December 31, 2009 as filed with the U.S. Securities
and Exchange  Commission  (the  "Report"),  I, Arthur I.  Trueger,  as Principal
Financial Officer of the registrant, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted by 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, and

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



Date:  March 31, 2010                         By:    /s/  Arthur I. Trueger

                                                     Arthur I. Trueger
                                                     Principal Financial Officer
II 

109TH CONGRESS 

1ST SESSION S. 997 

To direct the Secretary of Agriculture to convey certain land in the Beaverhead-Deerlodge Forest, Montana, to Jefferson County, Montana, for use 

as a cemetery. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2005 

Mr. BURNS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To direct the Secretary of Agriculture to convey certain 

land in the Beaverhead-Deerlodge Forest, Montana, to 

Jefferson County, Montana, for use as a cemetery. 

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 ‘‘Montana Cemetery Act 

5 of 2005’’. 

6 SEC. 2. CONVEYANCE TO JEFFERSON COUNTY, MONTANA. 

7 (a) CONVEYANCE.—Not later than 180 days after the 

8 date of enactment of this Act and subject to valid existing 

9 rights, the Secretary of Agriculture (referred to in this Act 
2 

•S 997 IS

1 as the ‘‘Secretary’’), acting through the Chief of the For2 est Service, shall convey to Jefferson County, Montana, 

3 for no consideration, all right, title, and interest of the 

4 United States in and to the parcel of land described in 

5 subsection (b). 

6 (b) DESCRIPTION OF LAND.—The parcel of land re7 ferred to in subsection (a) is the parcel of National Forest 

8 System land (including any improvements on the land) 

9 known as the Elkhorn Cemetery, which consists of 10 

10 acres in Jefferson County located in SW1/4 Sec. 14, T. 

11 6 N., R. 3 W. 

12 (c) ADDITIONAL TERMS AND CONDITIONS.—The 

13 Secretary may require such additional terms and condi14 tions for the conveyance under subsection (a) as the Sec15 retary considers appropriate to protect the interests of the 

16 United States. 

Æ
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



         In connection with the Quarterly  Report of Cistera  Networks,  Inc. on
Form 10-QSB for the period  ending June 30, 2006,  as filed with the  Securities
and Exchange  Commission  on the date hereof (the  "Report"),  I, Cynthia  Garr,
Interim C.F.O. 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 and belief:

         (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/    Cynthia A. Garr
Cynthia A. Garr
C.F.O.,
Executive Vice-President of Corporate Development,
and Director
(Principal Financial Officer)


August 22, 2006


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
<TABLE> <S> <C>

<ARTICLE>                                            9
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                           4,847,106
<INT-BEARING-DEPOSITS>                           9,882,031
<FED-FUNDS-SOLD>                                         0
<TRADING-ASSETS>                                         0
<INVESTMENTS-HELD-FOR-SALE>                        672,059
<INVESTMENTS-CARRYING>                          17,050,613
<INVESTMENTS-MARKET>                            17,100,000
<LOANS>                                        186,505,132
<ALLOWANCE>                                      1,807,660
<TOTAL-ASSETS>                                 227,135,408
<DEPOSITS>                                     149,809,493
<SHORT-TERM>                                    52,283,553
<LIABILITIES-OTHER>                              1,731,552
<LONG-TERM>                                      2,467,877
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                         5,878,370
<OTHER-SE>                                      14,964,563
<TOTAL-LIABILITIES-AND-EQUITY>                 227,135,508
<INTEREST-LOAN>                                 15,124,440
<INTEREST-INVEST>                                1,227,209
<INTEREST-OTHER>                                    48,946
<INTEREST-TOTAL>                                16,400,595
<INTEREST-DEPOSIT>                               5,680,771
<INTEREST-EXPENSE>                               2,453,616
<INTEREST-INCOME-NET>                            8,266,208
<LOAN-LOSSES>                                    1,191,000
<SECURITIES-GAINS>                                       0
<EXPENSE-OTHER>                                  5,345,636
<INCOME-PRETAX>                                  3,492,914
<INCOME-PRE-EXTRAORDINARY>                       3,492,914
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                     2,311,601
<EPS-PRIMARY>                                         1.86
<EPS-DILUTED>                                         1.85
<YIELD-ACTUAL>                                        4.31
<LOANS-NON>                                        229,000
<LOANS-PAST>                                             0
<LOANS-TROUBLED>                                   287,000
<LOANS-PROBLEM>                                  5,920,000
<ALLOWANCE-OPEN>                                 1,346,328
<CHARGE-OFFS>                                      981,574
<RECOVERIES>                                       251,906
<ALLOWANCE-CLOSE>                                1,807,660
<ALLOWANCE-DOMESTIC>                             1,584,660
<ALLOWANCE-FOREIGN>                                      0
<ALLOWANCE-UNALLOCATED>                            223,000
        

</TABLE>
English Translation of Memorandum of Understanding dated May 16, 2003



 Exhibit 10.37 
 Memorandum Of Understanding On Payment Of Authorized Use Fee For Law & Chinese Courses 
 MEMORANDUM OF UNDERSTANDING ON PAYMENT OF AUTHORIZED 
 USAGE FEE FOR LAW COURSES & CHINESE COURSES 

Party A: Online Education College of Renmin University of China 
 Party B: CMR Web Learning Co., Ltd. 
 Whereas: 
 Party A has begun to include the majors of Law and Chinese in its online education projects since the beginning of 2001 and Renmin University of China has authorized Party A to use its resources on the Law courses and Chinese courses to
develop the corresponding CAI software for the online education, Party A therefore needs to pay the usage fees of the aforementioned courses to Renmin University of China with the amount of RMB 10,607,000 Yuan. 
 In accordance with the principles of payment for the service fees in the Service Agreement signed by both parties as of March 31, 2003, i.e. “conditioning on
ensuring the balance of revenue and expenditure of Party A, the main revenue of Party A shall be mainly used for the technological development and construction of the online education” (the service fees paid to Party B). Both parties agree the
aforementioned amount shall be deducted from the service fees due to be paid by Party A to Party B in the year 2001. 
  

			
	Party A:	 	Online Education College of Renmin University of China
		 	(Seal of Online Education College of Renmin University of China)

  

					
	Authorized representative:	 	 /s/ Gu Zonglian
	 	
	Date: May 16, 2003	 		 	

  

			
	Party B:	 	CMR Web Learning Co., Ltd.
		 	(Seal of CMR Web Learning Co., Ltd.)

  

					
	Authorized representative:	 	 /s/ Wang Gongquan
	 	
	Date: May 16, 2003
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-START>                             NOV-01-1999
<PERIOD-END>                               JUL-31-2000
<CASH>                                       1,870,000
<SECURITIES>                                         0
<RECEIVABLES>                               33,390,000
<ALLOWANCES>                                 1,588,000
<INVENTORY>                                 30,377,000
<CURRENT-ASSETS>                            70,246,000
<PP&E>                                      28,784,000
<DEPRECIATION>                              15,208,000
<TOTAL-ASSETS>                              85,895,000
<CURRENT-LIABILITIES>                        9,413,000
<BONDS>                                      3,550,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,000
<OTHER-SE>                                  71,808,000
<TOTAL-LIABILITY-AND-EQUITY>                85,895,000
<SALES>                                     98,311,000
<TOTAL-REVENUES>                            98,775,000
<CGS>                                       60,487,000
<TOTAL-COSTS>                               88,363,000
<OTHER-EXPENSES>                               715,000
<LOSS-PROVISION>                               786,000
<INTEREST-EXPENSE>                             499,000
<INCOME-PRETAX>                              9,198,000
<INCOME-TAX>                                 3,661,000
<INCOME-CONTINUING>                          5,537,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,537,000
<EPS-BASIC>                                     0.41
<EPS-DILUTED>                                     0.41


</TABLE>
================================================================================

                                                                    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


In  connection  with  the  Quarterly  Report  of BSD  Medical  Corporation  (the
"Company")  on Form 10-Q for the  quarterly  period ended May 31, 2007, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Dennis P. Gauger,  Chief Financial Officer  (Principal  Financial Officer) of
the Company,  hereby  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 result of  operations of the
Company.


                                         /s/ Dennis P. Gauger
                                         --------------------------
                                         Dennis P. Gauger
                                         Chief Financial Officer
                                         (Principal Accounting Officer)
                                         July 16, 2007







--------------------------------------------------------------------------------
[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Pages 25565-25566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12379]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Allergy, Immunology, and Transplantation 
Research Committee.
    Date: June 17, 2009.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: DoubleTree Hotel, 1515 Rhode Island Avenue, NW., 
Washington, DC 20005.
    Contact Person: Katrin Eichelberg, PhD, Scientific Review 
Officer, Scientific Review Program, Division of Extramural 
Activities, NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, 
Bethesda, MD 20892, 301-496-0818, <a href="/cdn-cgi/l/email-protection#28434d414b404d444a4d5a4f68464149414c06464140064f475e"><span class="__cf_email__" data-cfemail="670c020e040f020b0502150027090e060e0349090e0f49000811">[email protected]</span></a>.


[[Page 25566]]


(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: May 20, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-12379 Filed 5-27-09; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 1-3 OF THE COMPANY'S FORM 10-QSB FOR THE YEAR-TO-DATE AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         217,011
<SECURITIES>                                         0
<RECEIVABLES>                                2,159,239
<ALLOWANCES>                                   283,575
<INVENTORY>                                    841,624
<CURRENT-ASSETS>                             3,002,208
<PP&E>                                       9,601,072
<DEPRECIATION>                               3,685,924
<TOTAL-ASSETS>                              15,744,530
<CURRENT-LIABILITIES>                        3,328,481
<BONDS>                                      3,879,717
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,089,638
<COMMON>                                       137,777
<OTHER-SE>                                 (1,136,050)
<TOTAL-LIABILITY-AND-EQUITY>                15,744,530
<SALES>                                              0
<TOTAL-REVENUES>                             4,952,647
<CGS>                                                0
<TOTAL-COSTS>                                5,273,212
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                29,563
<INTEREST-EXPENSE>                             172,051
<INCOME-PRETAX>                              (476,945)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (476,945)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (476,945)
<EPS-PRIMARY>                                   (0.11)
<EPS-DILUTED>                                   (0.11)
        

</TABLE>
EXHIBIT 21.1

SUBSIDIARIES OF THE COMPANY

Name and Jurisdiction of Incorporation



|                                     |  |                  
|------------------------------------ |  | -----------------
|CRS Retail Technology Group, Inc.    |  | United States    
|Epicor Retail Solutions, Inc.        |  | Canada           
|Epicor Software Argentina S.A.       |  | Argentina        
|Epicor Software (Asia) PTE Ltd.      |  | Singapore        
|Epicor Software (Aust) Pty. Ltd      |  | Australia        
|Epicor Software Canada, Ltd          |  | Canada           
|Epicor Software Mexico, S.A. de C.V. |  | Mexico           
|Epicor Software (North Asia) Ltd.    |  | Hong Kong        
|Epicor Software Nordic AB            |  | Sweden           
|Epicor Software (Taiwan) Limited     |  | Republic of China
|Epicor Software (UK) Limited         |  | United Kingdom   
|Epicor Software Venezuela S.A.       |  | Venezuela        
|Epicor Software Deutschland GmbH     |  | Germany          
|Epicor Software (Thailand) Co., Ltd  |  | Thailand         
|Scala Business Solutions N.V.        |  | The Netherlands
Research & Data        

# Vehicle Research & Testing

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Crash AvoidanceCrashworthinessBiomechanics & Trauma
The National Highway Traffic Safety Administration's (NHTSA) Vehicle Research and Test Center (VRTC) is the agency's in-house laboratory. Staff at VRTC conduct research and vehicle testing in support of NHTSA's mission to save lives, prevent injuries, and reduce traffic-related health care and other economic costs. Studies performed cover the areas of crash avoidance, crashworthiness, biomechanics, and defects analysis. These activities support development of Federal motor vehicle safety standards which assure safer vehicles through enhanced vehicle performance, improved occupant protection systems, better structural integrity of vehicles, increased understanding of driver behavior, and the use of intelligent systems to enhance drivers' ability to avoid crashes and travel safely. Defects analysis supports the agency's work to identify and correct safety-related defects in motor vehicles and motor vehicle equipment, and to ensure that recalls are effective and conducted in accordance with Federal law and regulations.

**VRTC Capabilities**     
              - Crash test dummy standardization
              - Crash avoidance testing and research
              - Cyber security laboratory
              - Defects analysis assessment and testing
              - Crashworthiness testing and research