alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.13



 Exhibit 10.13 
 THIRD AMENDMENT 
 DATED AS OF FEBRUARY 19, 2013 

TO THE MARKETING AGENT AGREEMENT 
 DATED AS OF FEBRUARY 15, 2008, AS AMENDED MARCH 24, 2008 
 AND JULY 30,
2012 
 AMENDMENT AGREEMENT (the “Amendment”) dated as of February 19, 2013 between ALPS
DISTRIBUTORS, INC. (“ALPS”), UNITED STATES COMMODITY FUNDS LLC, formerly Victoria Bay Asset Management, LLC (“USCF”), and UNITED STATES GASOLINE FUND, LP (“UGA”). 

WITNESSETH 
 The parties have previously entered into that certain Marketing Agent Agreement dated as of February 15, 2008, as amended on March 24, 2008 and July 30, 2012 (the
“Agreement”). The parties have agreed to amend the Agreement in accordance with the terms of this Amendment. 

NOW, THEREFORE, in consideration of the mutual agreements herein contained, ALPS, USCF and UGA hereby acknowledge and agree as follows:

 1. Amendment to the Agreement. Upon execution of this Amendment by ALPS, USCF and UGA, the Agreement
shall be hereby amended as follows: 
 (a) Section 4.3 of the Agreement, “Marketing Agent Fee” shall be amended by adding the
following: 
 In no event will the Marketing Agent Fee exceed 10% of the gross proceeds of the Fund’s offering. 







 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their
respective officers or authorized representatives as of the day and year first above written. 
 UNITED STATES COMMODITY FUNDS LLC

  

	
	 By:   /s/ Howard
Mah                            

	 Name: Howard Mah

Title: Management Director

	
	UNITED STATES GASOLINE FUND, LP
	
	 By: United States Commodity Funds LLC, as General Partner

	
	 By:    /s/ Howard
Mah                                

	 Name: Howard Mah

Title: Management Director

	
	ALPS DISTRIBUTORS, INC
	
	 By:    /s/ Thomas A.
Carter                        

	 Name: Thomas A. Carter

	 Title: President



  
 2
**Exhibit 31.1**

 

**CERTIFICATION OF THE CEO PURSUANT TO**

**SECURITIES EXCHANGE ACT RULES 13A-14 AND 15D-14**

**AS ADOPTED PURSUANT TO SECTION 302**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Dennis C. Cossey, certify that: 

 

1. I have reviewed this quarterly report on Form 10-QSB for the fiscal quarter ended March 31, 2005, of ThermoEnergy Corporation; 

 

2. Based on my knowledge, this report does not contain any untrue statementof 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 financialinformation 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 periods presented in this report; 

 

4. The small business issuer’s other certifying officers 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 small business issuer and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed underour supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is beingprepared; 

 

b) Evaluated the effectiveness of the smallbusiness issuer’s disclosure controls and procedures and presented in this report our 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 smallbusiness issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and 

5. The small business issuer’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, 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 oroperation of internal control 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 otheremployees who have a significant role in the small business issuer’s internal control over financial reporting. 

 

Date: May 16, 2005 

 

/s/ Dennis C. Cossey
Dennis C. CosseyChief Executive OfficerPrincipal Financial Officer
 

- 2 -
[No. 22023-1-III.

Division Three.

October 20, 2005.]

#### The State of Washington, *Respondent,*v. Duane Jonathan Koslowski, *Appellant.*

Appeal from a judgment of the Superior Court for Yakima County, No. 02-1-02351-2, Michael W. Leavitt, J., entered April 24, 2003. *Affirmed in part, reversed in part,*and *remanded*by unpublished opinion per Kurtz, J., concurred in by Sweeney, A.C.J., and Brown, J.
**CERTIFICATION UNDER SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 (18 U.S.C 1350)**

 

  I, **Nicholas Kaiser**, certify that:

This certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Registrant’s Semi-Annual Report on Form N-CSRS for the period ended May 31, 2013 (the “Report”).

 I hereby certify that to the best of my knowledge:

1. 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(a) or 78o(d)); and

  Date: July 29, 2013  /s/ *Nicholas Kaiser*  President 

**CERTIFICATION UNDER SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 (18 U.S.C 1350)**

  I, **Christopher Fankhauser**, certify that:

This certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Registrant’s Semi-Annual Report on Form N-CSRS for the period ended May 31, 2013 (the “Report”).

I hereby certify that to the best of my knowledge:

1. 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(a) or 78o(d)); and

Date: July 29, 2013

/s/ *Christopher Fankhauser*Treasurer, Chief Compliance Officer
EXHIBIT 32.2



CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

PURSUANT TO RULE 13A-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350.



In connection with the Annual Report on Form 10-K of Curis, Inc. (the Company) for the fiscal year ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), the undersigned, Michael P. Gray, Vice President of Finance and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.



Dated: March 15, 2005



/s/ MICHAEL P. GRAYMichael P. Gray Vice President of Finance and Chief Financial Officer (Principal Financial and
Accounting Officer)
**EXHIBIT
      32.1**





**CERTIFICATION
      BY THE CHIEF EXECUTIVE OFFICER**


**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 on Form 10-KSB/A of Syndication, Inc. (the
      "Company") for the period ended December 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), the undersigned,
      Brian Sorrentino, President and Chief Executive Officer of the Company, hereby
      certifies, pursuant to 18 U.S.C. Section 1350, 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.





*Dated:*January
                15, 2008
            *By:*
            */s/
                Brian Sorrentino**Brian
              Sorrentino**Chief
                Executive Officer*
#### PHŒNIX INS. CO. v. CLINE et al.

Civil Action No. 1993.

District Court, D. Massachusetts.

Dec. 14, 1942.

Edward C. Park (of Withington, Cross, Park & McCann), of Boston, Mass., for plaintiff.

Frank Freundlich, of Boston, and La-Rue Brown, (of Brown, Field & McCarthy), of Boston, Mass., for defendants.

FORD, District Judge.

Two motions are before the court: (1) A motion for the production by defendants Daniel D. Cline and Hyman E. Cline of documents and leave to inspect under Rule 34, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and (2) a motion to strike out certain answers of Daniel D. Cline to interrogatories and to compel further answers to such interrogatories and to others.

There is now no occasion for the court to pass upon that portion of (1) that requested permission to enter the premises numbered 22-32 Pleasant Street, Claremont, New Hampshire, for the purpose of inspecting the same and taking photographs, as it is agreed that this may be done at the plaintiff’s convenience.

The second aspect of the first motion is that the defendants be ordered to produce and permit the plaintiff to inspect “all bills and other vouchers for the expense of making repairs to a building located at 22-32 Pleasant Street, Claremont, New Hampshire, on account of damage caused by a fire occurring on these premises about November 28, 1941”. It is ordered that bills and vouchers be produced by Daniel D. Cline and Hyman E. Qine for inspection at a time and place to be agreed upon by the parties. These documents may contain material evidence in determining the true and correct damage suffered by the defendants and in connection with which a proof of loss was filed.

With respect to the motion for further answers to interrogatories, the defendant Daniel D. Cline will answer further interrogatories numbered 14, 15, 20, 21, 34, 45, 58, and 60. The defendant should know1 now or should on reasonable inquiry of his agents know the character and extent of the damage to the parts of the premises to which these interrogatories are directed. It is no answer at all merely to state there was damage. What the plaintiff was entitled to was the knowledge of the defendant, his agents or servants, as to the character and extent of the damage.

*355Interrogatories numbered 25, 31, 46, 47, 48, 49, and 50, need not be answered further because of the fact the plaintiff has been authorized by agreement to inspect the premises. At the inspection he can secure the information sought in these interrogatories.

Interrogatory No. 68 need not be answered if the bills and vouchers are produced for inspection with respect to all repairs made on account of damage caused by the fire. These should give the total repair cost.

Interrogatory No. 69, need not be answered.

Answers to Interrogatories numbered 61, 63, and 70 will be stricken and the defendant will answer further.

'The answer to Interrogatory No. 67, is stricken after the word “made”.

Interrogatory No. 71 need not be answered in view of the order as to Interrogatory No. 70.

The answers to Interrogatories numbered 76 and 77 are stricken and the defendant will further answer No. 77.
```

[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Page 36550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17477]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Open Meeting of the Taxpayer Advocacy Panel Small Business/Self 
Employed Issue Committee

AGENCY: Internal Revenue Service (IRS) Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Small Business/
Self Employed Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas, and suggestions on 
improving customer service at the Internal Revenue Service.

DATES: The meeting will be held Thursday, August 27, 2009.

FOR FURTHER INFORMATION CONTACT: Janice Spinks at 1-888-912-1227 or 
206-220-6098.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Small Business/Self 
Employed Issue Committee will be held Thursday, August 27, 2009, at 
8:30 a.m. Pacific Time via telephone conference. The public is invited 
to make oral comments or submit written statements for consideration. 
Due to limited conference lines, notification of intent to participate 
must be made with Janice Spinks. For more information please contact 
Ms. Spinks at 1-888-912-1227 or 206-220-6098, or write TAP Office, 915 
2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web 
site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: July 16, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-17477 Filed 7-22-09; 8:45 am]
BILLING CODE 4830-01-P
```
[Cite as Donithan v. Ohio Veterans Home Agency , 2009-Ohio-7164.] 

# Court of Claims of Ohio

The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

DONALD DONITHAN

Plaintiff

v.

OHIO VETERANS HOME AGENCY

Defendant

Case No. 2009-06699-AD

Clerk Miles C. Durfey

MEMORANDUM DECISION

FINDINGS OF FACT
{¶ 1} 1) On June 20 and June 21, 2009, plaintiff, Donald Donithan, a resident at defendant, Ohio Veterans Home, suffered personal property damage when water leaked into his room from pipe leaks in the facility’s shower room. Plaintiff filed this complaint seeking to recover $454.30, the replacement cost of his water damaged
property. The filing fee was paid.
{¶ 2} 2) Defendant filed an investigation re port admitting responsibility for the loss claimed, plus filing fee reimbursement.
{¶ 3} 3) Plaintiff filed a response expressing his agreement with the
admissions noted in the investigation report.

CONCLUSIONS OF LAW
{¶ 4} 1) Sufficient proof of liability on the part of defendant has been shown.

Bauman v. Ohio Veterans Home , Ct. of Cl. No. 2003-01016-AD, 2003-Ohio-2617; Wertenberger v. Ohio Veterans Home Agency , Ct. of Cl. No. 2005-11027-AD, 2006-Ohio-191; Trohan v. Ohio Veterans Home , Ct. of Cl. No. 2008-09473-AD, 2009-Ohio1591.
{¶ 5} 2) Plaintiff has suffered damages in the amount of $454.30, plus the $25.00 filing fee which constitutes costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d

990.



# Court of Claims of Ohio

The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

DONALD DONITHAN

Plaintiff

v.

OHIO VETERANS HOME AGENCY

Defendant

Case No. 2009-06699-AD

Clerk Miles C. Durfey

ENTRY OF ADMINISTRATIVE DETERMINATION

Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $479.30, whic h includes the filing fee. Court costs are assessed against defendant.MILES C. DURFEY Clerk

Entry cc:

Donald Donithan Gregory Kowalski, Chief Legal Counsel 3416 S. Columbus Avenue Ohio Veterans’ Home Agency Sandusky, Ohio 44870-5557 3416 Columbus Avenue Sandusky, Ohio 44870
RDK/laa 11/3 Filed 11/17/09 Sent to S.C. reporter 3/5/10
# Total Factor Productivity Latest Numbers

Latest Numbers for Total Factor Productivity, U.S. Bureau of Labor Statistics

- Total Factor Productivity Latest Numbers PRIVATE BUSINESS SECTOR:															           Total factor productivity					+0.7%  in  2023					Historical Data																		PRIVATE NONFARM BUSINESS SECTOR:															           Total factor productivity					+0.7%  in  2023					Historical Data																		MANUFACTURING SECTOR:															           Total factor productivity					-1.3%  in  2022					Historical Data
Exhibit
32.1
  CERTIFICATION
OF PERIODIC REPORT
  Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Seaway Valley Capital
Corporation (the "Company") certifies that:
  1. The
Quarterly Report on Form 10-Q of the Company for the Quarter ended March 31,
2009 (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.
 
 /S/
              THOMAS
      SCOZZAFAVATHOMAS
      SCOZZAFAVAChief
      Executive Officerand
      Chief Financial OfficerDate:
              
              February
      4, 2010
 
 
  This
certification is made solely for the purpose of 18 U.S.C. Section 1350, subject
to the knowledge standard contained therein, and not for any other
purpose.
 
  20
[No. 32187-4-II.

Division Two.

November 29, 2005.]

#### The State of Washington, *Respondent,*v. Charles Leon Robinson, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 03-1-05617-2, Lisa R. Worswick, J., entered August 23, 2004. *Affirmed*by unpublished opinion per Hunt, J., concurred in by Van Deren, A.C. J., and Penoyar, J.
##### 



EXHIBIT 32.1 CERTIFICATION OF PERIODIC REPORT
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, the undersigned, Richard N. Snyder, Chief Executive Officer, of Forgent
Networks, Inc. (the Company), does hereby 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
period ended April 30, 2004 (the Report) fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange
Act of 1934 as amended, and2.
    
    The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Company. /s/ RICHARD N. SNYDERRichard N. SnyderChief Executive OfficerJune 14, 2004
# union, nonunion, ft, pt
PATENT ASSIGNMENT


 


WHEREAS, OptimizeRx
Corporation, a Nevada Corporation, with a place of business at 407 Sixth Street, Rochester, Michigan, (hereinafter "ASSIGNOR")
is the owner of U.S. Provisional Application No. 611277,161 , for "Method of Distributing and Tracking Prescription Drug Samples
and Saving Coupons for Prescriptions Via the Internet";


WHEREAS, ASSIGNOR
desires to assign all right, title and interest in and to U.S. Patent Provisional Application No. 61 /277,161 to OptimizeRx Corporation,
a Michigan Corporation, with a place of business at 407 Sixth Street, Rochester, Michigan (hereinafter "ASSIGNEE"); and


WHEREAS, ASSIGNEE
is desirous of acquiring the entire right, title and interest in and to U.S. Provisional Application No. 61/277,161 ;


NOW, THEREFORE,
in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration, the receipt and adequacy of all of
which are hereby acknowledged, ASSIGNOR agrees to assign, and hereby does assign, effective February 6, 2013, all right, title,
and interest in and to U.S. Provisional Application No. 61/277,161 , together with any utility applications that claim priority,
continuations, continuations in part, divisionals, reissues, reexaminations, and extensions thereof, including the right to claim
priority under the laws of the United States, the Paris Convention, and any foreign countries, and further, including the right
to sue for and to recover for past infringements thereof, unto said ASSIGNEE, its successors and assigns.


ASSIGNOR represents
that at the time of execution of this Patent Assignment, ASSIGNOR is the owner of all right, title, and interest in and to U.S.
Provisional Application No. 61/277,161 , and that ASSIGNOR has not assigned, transferred, licensed or encumbered ASSIGNOR'S rights
therein, and that ASSIGNOR will not hereafter assign or attempt to assign any rights therein, or take any other action inconsistent
with this Patent Assignment.


ASSIGNOR agrees to
execute such further documents and take such acts as reasonably required by ASSIGNEE or ASSIGNEE'S successor to secure and enforce
ASSIGNEE's rights in U.S. Provisional Application No. 61/277,161 , including but not limited to further assignments.


 


	
        OPTIMIZERx CORPORATION, a

        Nevada Corporation

	
         

        /s/ Shad Stastney

        By: Shad Stastney

        Title: CEO-OptimizeRx Corporation

        Date: 2/6/2013



 


 


 


 


 


 


 


 


 



    	1



    	 



    




STATE OF NEW YORK:


COUNTY OF NEW YORK:


 


On this 6th day of February,
2013, before me, a Notary Public, within and for the County of New York, State of New York, personally appeared Shad Stastney,
to me known to be the person described in and who acknowledged executing the forgoing instrument as a free act and deed, and who
also represented that he is authorized to execute the same.


IN TESTIMONY WHEREOF, I have hereunto set
my hand and seal the date and year last above written.


 


 


/s/ Andrew Comito


Notary Public


 


My Commission Expires: Sept 15, 2016






    	2
# CPI-U

# CPI-W
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 EGPI Firecreek, Inc. (the "Registrant") on
Form 10-K for the fiscal year ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof, I, Dennis R. Alexander,
President and Chief Financial Officer, 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 our knowledge and belief:





(1)
  The Annual 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 Annual Report fairly presents, in
all material respects, the financial condition and result of operations of the
Registrant.





By:
            /s/
      Dennis R. AlexanderDennis
      R. AlexanderCEO
      and Chief Financial Officer




Date:
April 14, 2010





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 required
by Section 906 has been provided to the Registrant and will be retained by the
Registrant and furnished to the Securities and Exchange Commission or its staff
upon request.