alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exh_102.htm



Exhibit 10.2










  Star Gas Partners, L.P.





  2187 Atlantic St.





  Stamford, CT 06902









 







 



Entered into July 22, 2013.  Effective as of October 1, 2013










Mr. Steve Goldman





Star Gas Partners, L.P.





2187 Atlantic Street





Stamford, CT 06904









Dear Steve:


 


This letter confirms your continuing in the position of Chief Executive Officer of Star Gas Partners, L.P. and its subsidiaries (the "Partnership"), effective as of October 1, 2013. In addition, you will continue to serve as the President of the Partnership. We are pleased to offer you the following compensation package and other terms, the levels and conditions of which will be in effect for three years following the date of this letter, unless otherwise modified by agreement between you and the Partnership.


 


Base Salary: Your base annual salary commencing October 1, 2013 will be $360,000 per year. You will be paid $15,000 semi-monthly subject to withholding of all applicable taxes and benefit deductions.


 


Benefit Coverage: You will be eligible to participate in the Partnership's benefits plans in accordance with their terms and conditions.


 


Terms: It is understood that your employment is at will and that either party can terminate the relationship at any time. If the Partnership terminates your employment for reasons other than for cause, or you terminate your employment for good reason, you will be entitled to one year’s salary as severance. Such amount shall be paid to you in a lump sum within 30 days after the termination of your employment. In consideration of this offer you agree that while you are an employee of the Partnership and for twelve months thereafter, you will not compete with the Partnership nor become involved either as an employee, as a consultant or in any other capacity, in the sale of heating oil or propane on a retail basis. You agree that you will not reveal any confidential information concerning the Partnership and that you will not solicit nor seek to hire, employees of the Partnership during that time.


 


Please indicate your acceptance of this offer by signing and dating this letter below.


 


 




  





  











  






Should you have any questions, please do not hesitate to call me.


 


 


Sincerely,


 







 







 


By: /s/ Richard Ambury


Richard Ambury


Chief Financial Officer


 



Accepted:










/s/ Steve Goldman





Steve Goldman
JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-14-00215-CV

LETHA PILLAI, Appellant

V.

JESUS VEGA AND DALIA VEGA, Appellees

Appeal from the 234th District Court of Harris County. (Tr. Ct. No. 2011-68692).

After inspecting the record of the court below, the Court holds that it lacks 

jurisdiction over this appeal. Accordingly, the Court dismisses the appeal.

The Court orders that the appellant, Letha Pillai, pay all appellate costs.

The Harris County District Clerk shall release from its registry all of the funds 

being held from check number 51514613 in Cause No. 2011–68692, Jesus and Dalia 

Vega v. Letha Pillai, in the 234th District Court of Harris County, Texas, plus all interest 

accrued on these funds to T.W. Proctor on behalf of Letha Pillai. We discharge and 

release Letha Pillai from any liability under the Clerk’s Certificate of Deposit in Lieu of 

Supersedeas Bond.
The Court orders that this decision be certified below for observance.

Judgment rendered July 14, 2015.

Per curiam opinion delivered by panel consisting of Justices Keyes, Huddle, and Lloyd.
#### The People of the State of New York, Respondent, v Robert Contestabile, Appellant.

[608 NYS2d 512]

—Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered July 6, 1993, convicting him of criminally negligent homicide and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).

Since the defendant pleaded guilty, he waived any claim *443regarding the sufficiency of the evidence before the Grand Jury *(see, People v Dunbar,*53 NY2d 868; *People v Gerber,*182 AD2d 252, 261; *People v Hunt,*148 AD2d 836, *after remand*162 AD2d 782, *affd 78*NY2d 932, *cert denied*— US —, 112 S Ct 432). We reject the defendant’s contention that the allegations supporting the charge in the indictment of criminally negligent homicide failed to adequately charge a criminal offense *(see, People v Duffy,*79 NY2d 611; *People v Galle, 77*NY2d 953; *cf., People v Case,*42 NY2d 98). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.
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 Atlas America Public #15-2006 (B) L.P.
(the "Partnership") on Form 10-Q for the period ended March 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Matthew A. Jones, Chief Financial Officer of the Partnership, 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
      Partnership.





By:
            /s/ Matthew A.
      JonesName:
            Matthew
      A. JonesTitle:
            Chief
      Financial Officer of the Managing General PartnerDate:
            May
      13, 2008
**Exhibit 31.1****CERTIFICATION**I, Joshua G. James, certify that:1. I have reviewed this quarterly report on Form 10-Q of Omniture, Inc. (the “Registrant”); 2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respectto the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the Registrant as of, and for, theperiods presented in this report; 4. The Registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e))for the Registrant and have: (a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the Registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which thisreport is being prepared;  (b) Evaluated the effectiveness of the Registrant’s disclosurecontrols and procedures and presented in this report ourconclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the periodcovered by this report based on such evaluation; and  (c) Disclosed in this report any change in the Registrant’sinternal control over financial reporting that occurredduring the Registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materiallyaffect, the Registrant’s internal control over financialreporting; and5. The Registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the Registrant’s auditors and the audit committee of theRegistrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknessesin the design or operation of internal control overfinancial reporting which are reasonably likely toadversely affect the Registrant’s ability to record,process, summarize and report financial information;and  (b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significantrole in the Registrant’s internal control overfinancial reporting.        Date: November 8, 2007 /s/ Joshua G. James   Joshua G. James                               President and Chief Executive Officer
EXHIBIT 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350   I, Bruce Beaty, Chief Executive Officer and President of Blue Ridge Real Estate Company and Big Boulder Corporation (together, the “Registrants”), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:  (1) The Registrants’ Annual report on Form 10-K/A for the period ended October 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (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 Registrants.  Date:  December 18, 2012 /s/ Bruce Beaty Bruce Beaty Chief Executive Officer and President
CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statement
of Empire Banc Corporation on Form S-8 (Registration Statement No. 33-
58578), of our report dated January 23, 1997 on the consolidated financial
statements of Empire Banc Corporation, as of December 31, 1996 and 1995
and for each of the three years in the period ended December 31, 1996,
which report is included in the 1996 Annual Report on Form 10-K of Empire
Banc Corporation.




<TABLE>
<S>                                    <S>

                                        /s/ Crowe, Chizek and Company LLP 
                                       ----------------------------------
                                       Crowe, Chizek and Company LLP

Grand Rapids, Michigan
March 20, 1997

</TABLE>
**EXHIBIT 31**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER  PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Nadir Walji certify that:  

 

1. I have reviewed this report on Form 10-QSB/A (“Report”) of High End Ventures, Inc.;  

 

2. Based on my knowledge, this Report does not 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 by this Report;   

 

3. Based on my knowledge, the financial statements, and other financial information included in this Report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the period presented in this Report;   

 

4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:  

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the small business issuer is made known to me by others within those entities, particularly during the period in which this Report is being prepared;   

 

b) Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this Report my conclusions about the effectiveness of the disclosure controls and procedures, 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 small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer’s internal control over financial reporting; and  

 

5. I have disclosed, based on my most recent evaluation, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):   

 

a) All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the small business issuer'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 small business issuer's internal controls over financial reporting. 

 

Date: September 18, 2007  

 

/s/ Nadir Walji

Nadir Walji

Chief Executive Officer and Chief Financial Officer
#### The People of the State of New York, Respondent, v Drew Rose, Appellant.

[822 NYS2d 280]

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 29, 2005, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of five years, unanimously affirmed.

On the existing record, to the extent it permits review, we find that defendant received effective assistance under the state and federal standards *(see People v Benevento,*91 NY2d 708, 713-714 [1998]; *see also Strickland v Washington,*466 US 668 [1984]). Defendant has not established that counsel lacked a reasonable strategic basis for failing to cross-examine the victim as to whether he planned to file a civil lawsuit against defendant and defendant’s employer. At the time of the trial, counsel had no information suggesting that the victim had taken any steps toward civil litigation. Counsel could have reasonably concluded that inquiry along these lines risked a negative response that might have enhanced the victim’s credibility *(see People v DiCarlo,*293 AD2d 279, 280-281 [2002], *lv denied*98 NY2d 767 [2002]). In any event, were we to find that counsel should have made this inquiry, we would find that his failure to do so did not deprive defendant of a fair trial or cause him any prejudice *(see People v Caban,*5 NY3d 143, 155-156 [2005]; *People v Hobot,*84 NY2d 1021, 1024 [1995]; *compare People v Turner,*5 NY3d 476 [2005]).

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal *(see People v Overlee,*236 AD2d 133 [1997], *lv denied*91 NY2d 976 [1998]; *People v D'Alessandro,*184 AD2d 114, 118-119 [1992], *lv denied*81 NY2d 884 [1993]). To the extent that anything in the summation could be viewed as improper, the court provided sufficient curative relief. Concur—Buckley, EJ., Mazzarelli, Williams, Gonzalez and Sweeny, JJ.
ACCEPTED

12-14-00125-cr

TWELFTH COURT OF APPEALS

TYLER, TEXAS

7/16/2015 11:13:44 AM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/16/2015 11:13:44 AM CATHY S. LUSK Clerk
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Delinda Gonzalez v. GMAC Mortgage LLC

Appellate case number: 01

- 12

- 00331

- CV

Trial court case number: 1007378

Trial court: Co unty Civil C our t at Law No

. 4 of Harr is County , Texas

The record in this appeal was due on May 18, 2012 . The clerk’s record was filed on June

22, 2012 . The reporter’s record has not been filed.

On July 31, 2012 , the Clerk notified appellant that the court reporter responsible for

preparin g the record in this appeal had informed the Court that appellant had not made

arrangements to pay for the record. The Clerk further notified appellant that unless the Court

received written evidence that appellant had paid for or made arrangements to pay for the record

within 20 days of the date of the notice the Court might consider and decide those issues or

points that do not require a reporter’s record. See T EX

. R. A PP

. P. 37.3(c).

The 20 days have expired and no written evidence that the appellant has paid or made

arrangements to pay for the record has been filed with this Court

. Accordingly, the Court will

consider and decide those issues or points that do not require a reporter’s record for a decision.

Appellant’s brief is ORDERED to be filed wi thin 30 days of the date of this order. See

T EX

. R. A PP

. P. 38.6(a).

Appellee’s brief is ORDERED to be filed within 30 days of the filing of appellant’s brief.

See T EX

. R. A PP

. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Justice Evelyn V. Keyes

 Acting individually  Acting for the Court

Date: September 11, 2012
Prepared by MERRILL CORPORATION









Exhibit

10.34




 




 




CANCELLATION AGREEMENT




 




 




This Cancellation Agreement

dated August ___, 2001, is by and between Carl Rose (“Rose”) and EpicEdge,

Inc., a Texas corporation (“Company”).




 




                WHEREAS,

the Company is a party to a Note and Preferred Stock Purchase Agreement dated

___ 2001 with respect to financing being provided to the Company.




 




                WHEREAS,

as a condition precedent for this financing, Rose is required to cancel his

warrant, dated December 1, 2000, entitling him to purchase 2,000,000 shares of

Company common stock at $0.01 per share (“Warrant”).




 




                WHEREAS,

Rose desires to cancel this Warrant as the financing to be provided to the

Company benefits both the Company and Rose.




 




                NOW,

THEREFORE, BE IT RESOLVED, for good and valuable consideration, the receipt of

which is hereby acknowledged and accepted, the parties hereby agree as follows:




 




                1.             Rose hereby cancels the Warrant,

and agrees any and all rights under the Warrant have been extinguished.




 




 




 




 




	

   


  	

   


  	

  EPICEDGE, INC.


  
	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

   


  	

   


  
	

   


  	

   


  	

  By:


  	

   


  
	

  Carl Rose


  	

   


  	

  Name:


  	

   


  
	

   


  	

   


  	

  Title:
H. Res. 2 

In the House of Representatives, U. S., 

January 3, 2019. 

Resolved, That the Senate be informed that a quorum of 

the House of Representatives has assembled; that Nancy 

Pelosi, a Representative from the State of California, has 

been elected Speaker; and that Karen L. Haas, a citizen of 

the State of Maryland, has been elected Clerk of the House 

of Representatives of the One Hundred Sixteenth Congress. 

Attest: 

Clerk.
PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  hereby  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne  Energy Income  Limited  Partnership  II-A ("Issuer") for the period
ending March 31, 2003 as filed with the  Securities  and Exchange  Commission on
the date hereof (the "Report"):

(a)  fully  complies  with the  requirements  of  section  13(a) or 15(d) of the
     Securities Exchange Act of 1934; and

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

         Dated this 15th day of May, 2003.

                          GEODYNE ENERGY INCOME LIMITED
                          PARTNERSHIP II-A
                          ("Issuer")

                          //s// Dennis R. Neill
                          -----------------------------------
                          Dennis R. Neill
                          President (Chief Executive Officer)

                          //s// Craig D. Loseke
                          -----------------------------------
                          Craig D. Loseke
                          Chief Accounting Officer
                          (Chief Financial Officer)


     A signed  original of this  written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-A and will be
retained by Geodyne Energy Income Limited  Partnership II-A and furnished to the
Securities and Exchange Commission or its staff upon request.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0155-15

GINNIE FAY ROBERTS, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

JOHNSON COUNTY

PER CURIAM. KEASLER and HERVEY, JJ., dissent.

ORDER

The petition for discretionary review violates Rule of Appellate Procedure 68.4(j),

because it does not contain a copy of the opinion of the court of appeals.

The petition is struck. See Rule of Appellate Procedure 68.6.

The petitioner may redraw the petition. The redrawn petition and copies must be

filed in the Court of Criminal Appeals within thirty days after the date of this order.

Filed: June 17, 2015

Do Not Publish
The State of TexasAppellee/s

Fourth Court of Appeals

San Antonio, Texas

July 16, 2015

No. 04-15-00385-CR

Raymond ZAPATA,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR6346

Honorable Steve Hilbig, Judge Presiding

ORDER

Defendant pled guilty to aggravated robbery and was sentenced within the terms of a plea 

bargain. Defendant timely filed a general notice of appeal. The trial court’s Certification of 

Defendant’s Right of Appeal states this “is a plea-bargain case, and the defendant has NO right 

of appeal.” See TEX. R. APP. P. 25.2(a)(2). The clerk’s record contains a written plea bargain 

and a written waiver of appeal, and the punishment assessed did not exceed the punishment 

recommended by the prosecutor and agreed to by defendant; therefore, the trial court’s 

certification accurately reflects that defendant’s case is a plea bargain case and defendant does 

not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2).

“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were 

raised by written motion filed and ruled on before trial, or (B) after getting the trial court's 

permission to appeal.” TEX. R. APP. P. 25.2(a)(2). The clerk’s record does not contain a written 

motion ruled on before trial nor does it indicate the trial court granted defendant permission to 

appeal. This court must dismiss an appeal “if a certification that shows the defendant has the 

right of appeal has not been made a part of the record.” TEX. R. APP. P. 25.2(d).

It is therefore ORDERED this appeal will be dismissed pursuant to Texas Rule of 

Appellate Procedure 25.2(d), unless an amended trial court certification that shows defendant has 

the right of appeal has been made part of the appellate record by August 14, 2015. See Daniels 

v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. 
All other appellate deadlines are SUSPENDED pending our resolution of the certification 

issue.

_________________________________

Sandee Bryan Marion, Chief Justice

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

court on this 16th day of July, 2015.

___________________________________

Keith E. Hottle

Clerk of Court