alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UEIC-12.31.2012-Ex 10.31




Exhibit 10.31
SECOND AMENDMENT TO
EXECUTIVE OFFICER
EMPLOYMENT AGREEMENT




THIS SECOND AMENDMENT TO EXECUTIVE OFFICER EMPLOYMENT AGREEMENT (the “Second Amendment”) is made and entered into this 29th day of February, 2008 by and between UNIVERSAL ELECTRONICS INC. (the “Employer”) and PAUL D. ARLING (“Executive”).




RECITALS:


WHEREAS, the Employer and Executive are parties to that certain Executive Officer Employment Agreement dated April 23, 2003, as amended by that First Amendment to Executive Officer Employment Agreement dated October 21, 2005 (collectively, the “Executive Officer Employment Agreement, as amended”); and


WHEREAS, the Executive Officer Employment Agreement, as amended is set to expire on April 30, 2009; and


WHEREAS, the parties wish to extend the expiration date of the Executive Officer Employment Agreement, as amended to April 30, 2011.


NOW, THEREFORE, the parties, intending to be legally bound, agree as follows:


1.Subparagraph 3(a) of the Executive Officer Employment Agreement, as amended is hereby amended to provide that the Executive Officer Employment Agreement, as amended shall continue through the end of business on April 30, 2011.


2.    Except as specifically modified as set forth in this Second Amendment, the Executive Officer Employment Agreement, as amended shall be and remain in full force and effect.
 
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the 29th day of February, 2008.


	
			
	Signed and acknowledged in the presence of:
	 
	UNIVERSAL ELECTRONICS INC.

	 
	 
	 

	/s/ Richard A. Firehammer Jr.
	By:
	/s/ J.C. Sparkman

	 
	 
	J.C. Sparkman, Chairman of the Compensation Committee of the UEI Board of Directors

	 
	 
	 

	 
	 
	PAUL D. ARLING

	 
	 
	 

	/s/ Richard A. Firehammer Jr.
	 
	/s/ Paul D. Arling

	 
	 
	Signature













1
<PAGE>

                                                                    EXHIBIT 13.1

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

     In connection with the Annual Report of PetroChina Company Limited (the
"Company") on Form 20-F for the period ending December 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Jiang Jiemin, hereby certify that to the best of my knowledge:

          1. The Report fully complies with the requirements of Section 13(a) 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: May 23, 2008

                                        /s/ Jiang Jiemin
                                        ----------------------------------------
                                        Name: Jiang Jiemin
                                        Title: Chairman of Board of Directors
                                               (performing the functions of
                                               Chief Executive Officer)
Exhibit 99.1
                                                                 ------------

                                 Certification
           Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                   (Subsections (a) and (b) of Section 1350,
                  Chapter 63 of Title 18, United States Code)

     Pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350,  chapter 63 of title 18,  United States Code),  each of
the  undersigned  officers of Synaptic  Pharmaceutical  Corporation,  a Delaware
corporation (the "Company"),  does hereby certify, to such officer's  knowledge,
that:

     The Quarterly  Report on Form 10-Q for the quarter ended September 30, 2002
(the "Form 10-Q") of the Company fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and information  contained
in the Form 10-Q  fairly  presents,  in all  material  respects,  the  financial
condition and results of operations of the Company.


November 14, 2002                          /s/ Errol B. De Souza
                                           -----------------------------------
                                           Name: Errol B. De Souza
                                           Title: President and
                                                   Chief Executive Officer

November 14, 2002                          /s/ Edmund M. Caviasco
                                           -----------------------------------
                                           Name: Edmund M. Caviasco
                                           Title: Controller and
                                                   Principal Accounting Officer

     The foregoing  certification  is being furnished solely pursuant to Section
906 of the  Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,
chapter 63 of title 18,  United  States  Code).
#### Timothy Kraycar, Respondent, v Thomas C. Monahan et al., Appellants.

[856 NYS2d 123]

It is well settled that a supplemental bill of particulars may be used for purposes of updating “claims of continuing special damages and disabilities” (CPLR 3043 [b]), but may not be used for adding new injuries or damages *(see Kyong Hi Wohn v County of Suffolk,*237 AD2d 412 [1997]; *Sagar v Khun Y. Son,*208 AD2d 1092 [1994]; *Aversa v Taubes,*194 AD2d 580 [1993]; *Mazzilli v City of New York,*154 AD2d 355, 356-357 [1989]). In *508this case, on the eve of trial, the plaintiff sought to add new injuries to the bill of particulars which had not been mentioned previously, and which did not appear in the medical records for nearly five years after the date of the accident. Under these circumstances, it was an improvident exercise of discretion to allow the plaintiff to claim these new injuries.

Similarly, it was an improvident exercise of discretion to allow the plaintiff to amend the complaint to add a claim for punitive damages against the defendant Linda Monahan. While leave to amend pleadings should be liberally granted, where the proposed amendment is “palpably insufficient as a matter of law or is totally devoid of merit, leave to amend should be denied” *(Morton v Brookhaven Mem. Hosp.,*32 AD3d 381, 381 [2006]; *see Arnold v Siegel,*296 AD2d 363 [2002]). Punitive damages are recoverable in a negligence action only where the conduct in question evidences “a high degree of moral culpability,” or “the conduct is so flagrant as to transcend mere carelessness” and “constitutes willful or wanton negligence or recklessness” (L*ee v Health Force,*268 AD2d 564, 564 [2000] [citation omitted]; *see Rey v Park View Nursing Home,*262 AD2d 624, 627 [1999]). In this case, the record is “devoid of any evidence of willful or wanton negligence” on the part of the defendant Linda Monahan, and, therefore, that branch of the plaintiffs motion which was for leave to amend the complaint should have been denied *(Morton v Brookhaven Mem. Hosp.,*32 AD3d at 381; *see Arnold v Siegel,*296 AD2d 363 [2002]; *Lee v Health Force,*268 AD2d 564 [2000]).

We note that the plaintiff failed to establish his claim that this appeal should be dismissed as untimely taken. Spolzino, J.P., Santucci, Dillon and Balkin, JJ., concur.
CERTIFICATION
      PURSUANT TO RULE 13a-14(b) OR


RULE
      15d-14(b) and 18 U.S.C. §1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the annual report of Internal Hydro International, Inc. (the
      "Company") on Form 10-KSB for the year ended December 31, 2005 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Craig
      A. Huffman, Chief Executive Officer of the Company, certify, pursuant to 18
      U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002, that:




(1)
      The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and




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






Date: May 19, 2006
              /s/ Craig
                  A. Huffman
                Craig
                    A. Huffman,
                  Chief
                    Executive Officer
                  Internal
                    Hydro International,
                    Inc.
<page>



                                  Exhibit 32.1


                           Section 1350 Certification


In connection with the Form 10-QSB of DirectView, Inc. (the "Company") on Form
10-QSB for the quarter ending June 30, 2006, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Jeffrey Robbins,
President 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/Roger Ralston
Roger Ralston
Chief Executive Officer
August 21, 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.
# 2005

# 2006

# 2007

# 2008

# 2009

# 2010
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 672 Engrossed in House (EH)]

  1st Session

                               H. R. 672

_______________________________________________________________________

                                 AN ACT

To rename the Guam South Elementary/Middle School of the Department of 
Defense Domestic Dependents Elementary and Secondary Schools System in 
honor of Navy Commander William ``Willie'' McCool, who was the pilot of 
 the Space Shuttle Columbia when it was tragically lost on February 1, 
                                 2003.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 672

_______________________________________________________________________

                                 AN ACT

 
To rename the Guam South Elementary/Middle School of the Department of 
Defense Domestic Dependents Elementary and Secondary Schools System in 
honor of Navy Commander William ``Willie'' McCool, who was the pilot of 
 the Space Shuttle Columbia when it was tragically lost on February 1, 
                                 2003.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Commander William C. McCool of the United States Navy, 
        pilot of the Space Shuttle Columbia when it was tragically lost 
        on February 1, 2003, attended Dededo Middle School and John F. 
        Kennedy High School on Guam.
            (2) Commander McCool carried a flag commemorating the 
        liberation of Guam on NASA mission STS-107 of the Space Shuttle 
        Columbia.
            (3) Commander McCool pursued his dream of space flight with 
        vigor and passion and, by his life and accomplishments, is an 
        inspiration for school children everywhere to dare to dream big 
        things, to believe in themselves, and to reach for the stars.

SEC. 2. DESIGNATION.

    The Guam South Elementary/Middle School of the Department of 
Defense Domestic Dependents Elementary and Secondary Schools System in 
Apra Heights, Guam, shall be known and designated as the ``Commander 
William C. McCool Elementary/Middle School'', in honor of William C. 
McCool, who was a commander in the United States Navy and pilot of the 
Space Shuttle Columbia when it was tragically lost on February 1, 2003.

SEC. 3. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Guam South Elementary/Middle School 
shall be deemed to be a reference to the ``Commander William C. McCool 
Elementary/Middle School''.

            Passed the House of Representatives February 26, 2003.

            Attest:

                                                                 Clerk.
```
# 2022
**EXHIBIT 21.1**

**SUBSIDIARIES OF THE REGISTRANT**

Following are subsidiaries of the registrant at February 26, 2002:

**Blue Zone Solutions Inc.**: wholly owned subsidiary of Blue Zone, Inc.; formed asa result of the amalgamation on January 1, 2002 of Blue Zone Productions Ltd.(incorporated in British Columbia, Canada on March 9, 1987 and continued out ofBritish Columbia and into the federal jurisdiction of Canada under the CanadaBusiness Corporations Act (CBCA) during fiscal 2001) and Blue Zone SolutionsInc. (formerly Blue Zone Entertainment Inc., incorporated in British Columbiaon April 24, 1994 and continued out of British Columbia and into the federaljurisdiction of Canada under the CBCA during fiscal 2001).

**Blue Zone International Inc.**: wholly owned subsidiary of Blue Zone SolutionsInc.; incorporated in Barbados on July 5, 1996.
**Exhibit 32.2**

**CERTIFICATION PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of PRIMEDIA Inc. (the “Company”) on Form 10-Qfor the period ending September 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Matthew A. Flynn,Senior Vice President and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that to my knowledge:

(1)         The Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)         Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| /s/ MATTHEW  A. FLYNN                               |   |
|-----------------------------------------------------|--------|
| Matthew A. Flynn                                    |
| *Senior Vice President and Chief Financial Officer* |
| November 9, 2005                               |

 

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

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
EX-10.5



 Exhibit 10.5 
 THIRD AMENDMENT 
 DATED AS OF FEBRUARY 19, 2013 

TO THE MARKETING AGENT AGREEMENT 
 DATED AS OF NOVEMBER 7, 2007, 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 12 MONTH OIL FUND, LP (“US12OF”). 

WITNESSETH 
 The parties have previously entered into that certain Marketing Agent Agreement dated as of November 7, 2007, 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 US12OF hereby acknowledge and agree as follows: 

1. Amendment to the Agreement. Upon execution of this Amendment by ALPS, USCF and US12OF, 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 12 MONTH OIL 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
[No. 32208-1-II.

Division Two.

October 25, 2005.]

#### The State of Washington, *Respondent, v.*Larry Edward Tarrer, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 91-1-00712-0, Brian M. Tollefson, J., entered September 1, 2004. *Reversed*by unpublished opinion per Van Deren, A.C.J., concurred in by Hunt and Penoyar, JJ.
#### The People of the State of New York, Respondent, v Rhonda Nickell, Appellant.

[853 NYS2d 432]

Spain, J.

In satisfaction of a three-count indictment, defendant pleaded guilty to the crime of robbery in the second degree and was sentenced to, among other things, the bargained-for term of imprisonment of eight years to be followed by five years of postrelease supervision. Additionally, defendant waived her right to appeal both orally and in writing. The charges arose from *1025defendant’s role as the getaway driver during the armed robbery of a restaurant in the Town of Amsterdam, Montgomery County. Claiming that her appeal waiver was invalid and her sentence was harsh and excessive, defendant now appeals and we affirm.

Defendant claims that her waiver of appeal was invalid because, at the time of her appeal waiver, County Court did not expressly distinguish between those appellate issues that are encompassed by a valid waiver and those that survive such a waiver. It is well settled that “ ‘trial courts are not required to engage in any particular litany during an allocution’ ” in order to obtain a valid waiver of a plethora of rights *(People v Kemp,*94 NY2d 831, 833 [1999], quoting *People v Moissett,*76 NY2d 909, 910-911 [1990]; *see People v Hidalgo,*91 NY2d 733, 737 [1998]; *People v Muniz,*91 NY2d 570, 574-575 [1998]). Under this guiding principle, trial courts need not expressly delineate for a defendant those appellate issues that are foreclosed by a waiver of the right to appeal, and those that survive, in order for the court to obtain a valid appeal waiver *(see People v Kemp,*94 NY2d at 833; *People v Hidalgo,*91 NY2d at 737; *People v Muniz,*91 NY2d at 574-575; *People v Wagoner,*6 AD3d 985, 986 [2004]; *People v Umber,*2 AD3d 1051, 1052 [2003], *lv denied*2 NY3d 747 [2004]). As a result, the basis for defendant’s claim of invalidity is unavailing. Consequently, inasmuch as defendant’s waiver of her right to appeal was knowingly, intelligently and voluntarily made, she is precluded from asserting her claim that her sentence is harsh and excessive *(see People v Lopez,*6 NY3d 248, 255-256 [2006]; *People v Hidalgo,*91 NY2d at 736-737; *People v Hopkins,*46 AD3d 1107, 1108 [2007]).

Mercure, J.P., Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: February 5, 2015 518816 

________________________________

In the Matter of ERIC

TOLLIVER,

Appellant,

v MEMORANDUM AND ORDER

BRIAN FISCHER, as Commissioner

of Corrections and

Community Supervision,

Respondent.

________________________________

Calendar Date: December 2, 2014

Before: Lahtinen, J.P., McCarthy, Egan Jr. and Devine, JJ.

__________

Eric Tolliver, Fallsburg, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Kate H.

Nepveu of counsel), for respondent.

__________

Appeal from a judgment of the Supreme Court (Teresi, J.),

entered April 11, 2014 in Albany County, which dismissed

petitioner's application, in a proceeding pursuant to CPLR

article 78, to review a determination of respondent which found

petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to

challenge a determination finding him guilty of violating two

prison disciplinary rules. Supreme Court dismissed the petition. 

Because we are precluded from conducting a meaningful review due

to transcription errors, we reverse (see Matter of Tolliver v

Fischer, 105 AD3d 1239, 1239 [2013]). Sections of the transcript

of the disciplinary hearing are clearly out of order, as noted by

the nonchronological dates recited by the Hearing Officer. 
-2- 518816 

Portions of questioning of at least two witnesses appear to be

missing, although the extent of the missing information is

unclear. Petitioner was permitted to read what was described as

a three-page statement into the record, but his recitation is cut

off mid-sentence at the bottom of a page; the Hearing Officer

cited this statement as evidence that he relied upon in rendering

his decision. Although expungement is not required here, the

failure to properly record the entire hearing, including

potentially significant evidence, requires annulment and remittal

for a new hearing (see id. at 1239-1240; Matter of La Van v New

York State Dept. of Correctional Servs., 47 AD3d 1153, 1153

[2008]; Matter of Douglas v Goord, 24 AD3d 922, 923 [2005]).

Lahtinen, J.P., McCarthy, Egan Jr. and Devine, JJ., concur.

ORDERED that the judgment is reversed, on the law, without

costs, petition granted, determination annulled and matter

remitted to respondent for further proceedings not inconsistent

with this Court's decision.

ENTER:

Robert D. Mayberger

Clerk of the Court
Exhibit 99.1

                          CEO 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 Focus  Enhancements,  Inc.  (the
"Company")  on Form 10-QSB for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
L. D'Addio,  Chief  Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of
2002, that to 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; 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/Michael L. D'Addio
---------------------
Michael L. D'Addio
Chief Executive Officer
August 13, 2002