alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
BKEP-12.31.2012-EX10.42


Exhibit 10.42


*** Where this marking appears throughout this Exhibit 10.42, information has been omitted pursuant to a request for confidential treatment and such information has been filed with the Securities and Exchange Commission separately.


FIRST AMENDMENT TO 
CRUDE OIL STORAGE SERVICES AGREEMENT


This FIRST AMENDMENT TO CRUDE OIL STORAGE SERVICES AGREEMENT, (the “Amendment”) is effective March 1st, 2013 (the “Effective Date”), made by and between BKEP Pipeline, LLC, a Delaware limited liability company, (the “Operator”) and Vitol, Inc., a Delaware corporation, (the “Customer”), each referred to individually as “Party” or collectively as “Parties”.


RECITALS


WHEREAS, the parties previously entered into that certain Crude Oil Storage Services Agreement dated effective September 1st, 2012, (the “Agreement”).


WHEREAS, the parties desire to amend the Agreement as hereinafter described by modifying the Term and Fees of said Agreement. 


NOW THEREFORE, in consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned Parties hereto agree as follows: 


Term.  The term of the Agreement will be modified and extended with a beginning date of March 1st, 2013 and ending date of October 31st, 2013.   By agreement, the Parties may elect to extend this agreement for successive thirty (30) day periods.     


Monthly Storage Fee.   Commencing on the Effective Date, the monthly storage fee as set forth in Section 4 of the Agreement will change to *** per Barrel of Shell Capacity (the “Monthly Storage”), for a total of ***, regardless of the actual volume of Crude Oil placed in the facility.  


Counterparts.   This Amendment may be executed in several counterparts, each of which shall be deemed an original and each of which alone, and all of which together, shall constitute one and the same amendment.  


Effect of Amendment.    This Amendment shall be effective as of the Effective Date.   Except as expressly amended or modified herein, all other terms, covenants, and the conditions of the Agreement shall be unaffected by this Amendment and shall remain in full force and effect.  In the event of conflict between the provisions of this Amendment and the provisions of the Agreement, this Amendment shall prevail.  


IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the Effective Date above. 




BKEP Pipeline, LLC, a Delaware limited 
liability company 


/s/ Alex G. Stallings


Title: CFO and Secretary 




Vitol, Inc., a Delaware Corporation


/s/ Mike A. Loya


Title: President
**EXHIBIT 21.1**

 

**Subsidiaries of Registrant**

 

Microtune, Inc. 

 

List of Subsidiaries and Affiliates 

 

Wholly-owned subsidiaries: 

 

Microtune (LP), L.L.C. 

 

Microtune (GP), L.L.C. 

 

Microtune (San Diego), Inc. f/k/a Transilica Inc. 

 

Indirectly-owned subsidiaries: 

 

Microtune (Texas), L.P. 

 

HMTF Acquisition (Bermuda), Ltd. 

 

Microtune GmbH & Co. KG 

 

HMTF Erste Beteiligungs GmbH 

 

Microtune Verwaltungs GmbH 

 

Microtune RF Technologies (Phils), Inc. 

 

NSF-Technologies (Phils.), Inc. f/k/a NSF RF Technologies Corporation 

 

Microtune (Taiwan), Ltd. 

 

Microtune (Korea), Ltd. 

 

Microtune (Hong Kong), Ltd. 

 

Microtune (Japan), Inc. f/k/a Transilica Japan Inc.
<PAGE>
                              

CONSENT OF INDEPENDENT AUDITORS

     We consent to the  incorporation by reference in  Post-Effective  Amendment
No. 1 to the Registration  Statement (Form S-8 No.  33-34566)  pertaining to the
EnviroSource, Inc. Savings Plan, Registration Statement (Form S-8 No. 33-26633),
Post-Effective  Amendment  No. 1 to the  Registration  Statement  (Form  S-8 No.
33-1549), and Post-Effective Amendment No. 1 to the Registration Statement (Form
S-8 No.  33-13728),  each of which pertains to  EnviroSource,  Inc.'s  Incentive
Stock Option Plan,  Registration Statement (Form S-8 No. 33-46925) pertaining to
the Envirosafe Services, Inc. Stock Option Plan, and the Registration Statement
(Form S-8 No. 33-53019)  pertaining to the EnviroSource,  Inc. 1993 Stock Option
Plan of our report  dated  February  21, 1997 with  respect to the  consolidated
financial statements and schedule of EnviroSource,  Inc. included in this Annual
Report (Form 10-K) for the year ended December 31, 1996.

                                                  /s/Ernst & Young LLP 
                                                     -----------------

Stamford, Connecticut
March 25, 1997
#### In the Matter of the Claim of Daryl F. Roberts, Appellant. Commissioner of Labor, Respondent.

[853 NYS2d 715]

Substantial evidence supports the Unemployment Insurance Appeal Board’s decision finding that claimant was ineligible to receive benefits because he was not totally unemployed during the weeks in question. Claimant acknowledged that he provided services for Wurtsboro Flight Services on the relevant days and, hence, his own testimony supports the Board’s decision *(see Matter of Suwczinsky [Commissioner of Labor],*10 AD3d 762 [2004]). We also discern no basis upon which to disturb the Board’s finding that claimant made willful misrepresentations in certifying for benefits and, thus, is liable for a recoverable overpayment. Claimant admittedly received the unemployment insurance handbook, which recited, among other things, that all work must be reported regardless of remuneration. Nonetheless, claimant failed to report the services at issue, contending that he “overlooked” the passages in the handbook defining work and that the intermittent and inconsequential nature of the services he provided caused the entire issue to “slip[ ] his mind.” Simply put, neither claimant’s failure to adequately read the handbook *(see Matter of Bothe [Commissioner of Labor],*10 AD3d 759, 760 [2004]) nor the purportedly unintentional *1130nature of his misrepresentation *(see Matter of Bowlby [Commissioner of Labor],*31 AD3d 939, 940 [2006]) is a valid defense. Under such circumstances, claimant was properly charged with a recoverable overpayment *(see Matter of Mounnarat [Commissioner of Labor],*6 AD3d 852, 853 [2004]). Finally, the loss of effective days imposed falls within the permissible statutory range *(see*Labor Law § 594).

Cardona, P.J., Mercure, Carpinello, Malone Jr. and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.
10.69 - Letter Agreement between the Registrant and Richard Rimer Dec 29









    


3903 Centerville Road, Wilmington, DE 19807  www.acornenergy.com  Tel: (302) 656-1707   Fax: (302) 656-1703








December 29, 2012


Mr. Richard Rimer
(via email)


Re:    Second Amendment and Extension of Consulting Agreement




Dear Richard:




This letter will serve to confirm that pursuant to action taken by the Compensation Committee (the “Committee”) of the Board of Directors of Acorn Energy, Inc. (the “Corporation”), the Committee authorized that your Consulting Agreement with the Corporation dated as of December 12, 2011 (the “Agreement”), as previously amended, be further amended to provide that the Term (as therein defined) shall extend through December 31, 2012, subject to any earlier termination as provided therein. Your fee for services for the period October 16 - December 31, 2012 shall be $52,000, payable in full on or about December 31, 2012. Except as herein amended, the Agreement shall continue in full force and effect and be deemed conformed to the terms of this Amendment.


Very truly yours,




By:                      
John A. Moore
President and CEO




ACCEPTED AND AGREED:




                    
Richard Rimer
#### SCHULEMANN v. UNITED STATES.

(Circuit Court, S. D. New York.

April 20, 1901.)

No. 2,863.

1. Customs Duties—Classification—Flax Fabrics.

In construing tariff act of July 24, 1897, e. 11, ? 1, Schedule *J,*par. 346, 30 Stat. 181 [U. S. Comp. St. 1901, p. 1663], which relates to “woven fabrics or articles” of flax, etc., with a proviso “that none of the foregoing articles in this paragraph shall pay a less rate of duty than fifty per centum ad valorem,” *held,*that this proviso includes the foregoing “woven fabrics” as well as “articles.”

Appeal by F. Schulemann, an importer, from a decision of the Board of General Appraisers, which sustained the action of the collector of customs at the port of New York in the classification for duty of the importations in question. See G. A. 4120.

Everit Brown, for importer.

C. D. Baker, Asst. U. S. Atty.

TOWNSEND, District Judge.

The merchandise in question comprises. woven fabrics composed of flax, weighing over 4V> ounces per square yard, which were assessed for duty under the proviso of the act of July 24, 1897, c. 11, § 1, Schedule J, par. 346, 30 Stat. 181 [U. S. Comp. St. 1901, p. 1663], at 50 per cent, ad valorem, the compound rates named in the main part of the paragraph being as to those goods less than 50 per cent. The importer contends that as these goods are fabrics in the piece they are not subject to the bar of such proviso, and that the latter applies only to “articles” as contradistinguished from goods in the piece. It having been recently decided, however, by the Circuit Court of Appeals, in the case of United States v. McBratney, 45 C. C. A. 37, 105 Fed. 767, that the term “woven fabrics,” found in this proviso, includes either piece goods or made-up articles, it cannot consistently be held that the word “articles” in the proviso does not include fabrics in the piece.

The decision of the Board of Appraisers is affirmed.
Preliminary 2023 Data on Employment Status by State and Demographic Group

This table presents preliminary data on employment status by demographic group for states 

from the Current Population Survey (CPS). It will differ from the final table in a number of ways, 

but it is expected that the data—particularly for labor force participation rates, employmentpopulation ratios, and unemployment rates—will be little changed for common statedemographic groups.

Differences between the preliminary and final tables are as follows:

• The underlying data for this preliminary table were tabulated on the initial population 

controls—that is, estimates of population available during the reference year and not endof-year revisions. While the final table will reflect revised population estimates, the data in 

this preliminary table are consistent with the published CPS national totals. Differences in 

employment or unemployment levels between these preliminary data and the final data 

generally will be less than one percent.

• Data for marital status groups and detailed age break-outs by race and ethnicity are not 

included in this preliminary table because they were not part of the underlying tabulations.

• This preliminary table does not contain unemployment rate error ranges.

• Minimum bases simulated using the generalized variance function parameters that had 

been developed for the 2022 CPS sample were used to determine which statedemographic groups were of sufficient reliability for publication in this preliminary table. The 

final table will reflect the use of actual minimum bases calculated from the 2023 CPS 

sample. See appendix B of the Geographic Profile of Employment and Unemployment at 

https://www.bls.gov/opub/geographic-profile/ for more information on the minimum base 

standard for statistical reliability.

General information on the uses and limitations of state and local area data from the CPS can 

be found at https://www.bls.gov/lau/notescps.htm. Questions can be addressed to the Division 

of Local Area Unemployment Statistics by e-mail at lausinfo@bls.gov or by telephone at (202) 

691–6392.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-12-00029-CV

HIS INDUSTRIES, INC. d/b/a Technovations,

Appellant

v.

Richard KEIGER and Leticia Keiger,

Appellees

From the 225th Judicial District Court, Bexar County, Texas

Trial Court No. 2010-CI-06066

Honorable Richard Price, Judge Presiding

BEFORE JUSTICE ANGELINI, JUSTICE ALVAREZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the judgment of the trial court is 

AFFIRMED. It is ORDERED that appellees, Richard Keiger and Leticia Keiger, recover their 

costs of this appeal from appellant, HIS Industries, Inc. d/b/a Technovations.

SIGNED June 5, 2013.

_____________________________

Karen Angelini, Justice
Exhibit 32.1

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

I, Robert L. Howard-Anderson, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K of Occam Networks, Inc. for the year ended December 31, 2009 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this Annual Report on Form 10-K fairly presents, in all
material respects, the financial condition and result of operations of Occam Networks, Inc.

/s/ ROBERT L. HOWARD-ANDERSON Robert L. Howard-Anderson President and Chief Executive Officer
(Principal Executive Officer)Date:

February 23, 2010


A
signed original of this written statement required by Section 906 has been provided to Occam Networks, Inc. and will be retained by Occam Networks, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

The
foregoing certification is being furnished to the Securities and Exchange Commission pursuant to 18 U.S.C. Section 1350. It is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof,
regardless of any general incorporation language in such filing.

---



QuickLinks
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-START>                             MAY-01-1999
<PERIOD-END>                               JUL-31-1999
<CASH>                                          49,758
<SECURITIES>                                         0
<RECEIVABLES>                                   11,394
<ALLOWANCES>                                         0
<INVENTORY>                                     23,435
<CURRENT-ASSETS>                                99,981
<PP&E>                                          29,259
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 143,844
<CURRENT-LIABILITIES>                           17,516
<BONDS>                                         12,379
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           133
<OTHER-SE>                                     113,816
<TOTAL-LIABILITY-AND-EQUITY>                   143,844
<SALES>                                         12,362
<TOTAL-REVENUES>                                12,362
<CGS>                                            7,249
<TOTAL-COSTS>                                    7,249
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (149)
<INCOME-PRETAX>                                (6,571)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (6,571)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,185)
<EPS-BASIC>                                     (0.54)
<EPS-DILUTED>                                   (0.54)


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1000

<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                           DEC-31-1996
<PERIOD-START>                              JAN-01-1996
<PERIOD-END>                                DEC-31-1996
<CASH>                                          15,702
<SECURITIES>                                         0
<RECEIVABLES>                                   26,241
<ALLOWANCES>                                       550
<INVENTORY>                                      9,158
<CURRENT-ASSETS>                               147,993
<PP&E>                                          74,347
<DEPRECIATION>                                  52,134
<TOTAL-ASSETS>                                 233,139
<CURRENT-LIABILITIES>                           25,010
<BONDS>                                         13,124
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        38,997
<OTHER-SE>                                     156,008
<TOTAL-LIABILITY-AND-EQUITY>                   233,139
<SALES>                                         76,683
<TOTAL-REVENUES>                                76,683
<CGS>                                           53,942
<TOTAL-COSTS>                                   53,942
<OTHER-EXPENSES>                                30,972
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,574
<INCOME-PRETAX>                                 (9,805)
<INCOME-TAX>                                     3,470
<INCOME-CONTINUING>                             (6,335)
<DISCONTINUED>                                   9,369
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,034
<EPS-BASIC>                                        .36
<EPS-DILUTED>                                      .36



</TABLE>
<PAGE>

                                                                    EXHIBIT 32.1

                            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 Quarterly Report of Matritech, Inc. (the "Company") on
Form 10-Q for the period ending March 31, 2004 as filed with the SEC on the date
hereof (the "Report"), I, Stephen D. Chubb, Chief Executive Officer 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:

     (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.

A signed original of this written statement required by Section 906 has been
provided to Matritech, Inc. and will be retained by Matritech, Inc. and
furnished to the SEC or its staff upon request.

/s/ Stephen D. Chubb

Stephen D. Chubb
Chief Executive Officer
May 7, 2004
**Exhibit 31.1**

 

**Certification of the Chief Executive Officer**

(Pursuant to Rule 13a-14(a))

 

I, Brett Moyer, certify that:

 

1.               Ihave reviewed this Form 10-Q of Focus Enhancements, Inc.;

2.               Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.               Basedon 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, andfor, the periods presented in this report;

4.               Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

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

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

(c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

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

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

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

 
| Date: May 16, 2005 |
|-------------------------|
|                    |
|                    |
| /s/ Brett Moyer    |   |
|  Brett Moyer       |
|  President and CEO |

 

----
[No. 55496-4-I.

Division One.

November 28, 2005.]

#### The State of Washington, *Respondent,*v. K.S., *Appellant.*

Appeal from a judgment of the Superior Court for Whatcom County, No. 03-8-00605-8, Steven J. Mura, J., entered December 14, 2004. *Remanded*by unpublished per curiam opinion.