alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-26.htm


Exhibit 10.26


 



Waiver and Release


 







 


This Waiver (this “Waiver”) is made as of October 27, 2010, between CleanTech Innovations, Inc., a Nevada corporation (the “Company”), and Wonderful Limited (“Wonderful”).


 


In consideration of the release by the Company below, Wonderful hereby consents and agrees to waive all rights to the payment of RMB 1,136,800 due under the Approval on Share Transfer Regarding Creative Bellows Manufacture Co., Ltd., dated September 15, 2010, from the Department of Foreign Trade and Economic Cooperation of Liaoning Province.


 


In consideration for the execution of the Waiver, the Company does hereby release and forever discharge Wonderful and its successors and assigns of and from all claims, actions, causes of action, liability, demands and damages of whatever name or nature, whether at law or in equity, in any manner having arisen, arising, or to arise from the beginning of time to the date hereof.


 


 


CLEANTECH INNOVATIONS, INC.


 


/s/ Bei Lu                                                               


By: Bei Lu


Title: Chairman & Chief Executive Officer


 


 


WONDERFUL LIMITED


 


/s/ Gloria Lam                                                                                                                        


By: Gloria Lam


Title: Director
oge10kex1034.htm


Exhibit 10.34


 







OGE ENERGY CORP.


DIRECTORS’ COMPENSATION


 


Compensation of non-officer directors of the Company during 2010 included an annual retainer fee of $107,000, of which $37,500 was payable in cash in monthly installments and $69,500 was deposited in the director’s account under the Company’s Deferred Compensation Plan in December 2010 and converted to 1,541.703 common stock units based on the closing price of the Company’s Common Stock on December 3, 2010. All non-officer directors received $1,500 for each Board meeting and $1,500 for each committee meeting attended. The lead director and the chairman of the Audit Committee received an additional $10,000 cash retainer in 2010. The chairmen of the Compensation and Nominating and Corporate Governance Committees received an additional $5,000 annual cash retainer in 2010. Each chairman of a board committee also received a meeting fee of $1,500 for each meeting (either in person or by phone) with management to address committee matters. Each member of the Audit Committee also received an additional annual retainer of $5,000. These amounts represent the total fees paid to directors in their capacities as directors of the Company and OG&E during 2010.


 


Under the Company’s Deferred Compensation Plan, non-officer directors may defer payment of all or part of their attendance fees and the cash portion of their annual retainer fee, which deferred amounts are credited to their account as of the first day of the month in which the deferred amounts otherwise would have been paid.  Amounts credited to the accounts are assumed to be invested in one or more of the investment options permitted under the Company’s Deferred Compensation Plan.  During 2010, those investment options included a Company Common Stock fund, whose value was determined based on the stock price of the Company’s Common Stock, and various money market, bond and equity funds.  When an individual ceases to be a director of the Company, all amounts credited under the Company’s Deferred Compensation Plan are paid in cash in a lump sum or installments.  In certain circumstances, participants may also be entitled to in-service withdrawals from the Company’s Deferred Compensation Plan.


 


In December 2010, the Compensation Committee met to consider director compensation.  At that meeting, the Compensation Committee increased the cash portion of the annual retainer for 2011 to $42,000 from $37,500 and increased the annual retainer for 2011 for the lead director from $10,000 to $15,000. The other components of director compensation remained unchanged.


 


Historically, for those directors who retired from the Board of Directors after 10 years or more of service, the Company and OG&E continued to pay their annual cash retainer until their death.  In November 1997, the Board eliminated this retirement policy for directors.  Directors who retired prior to November 1997, however, will continue to receive benefits under the former policy.
The Honorable Paul A. Magnuson, Chief Judge, United States

1

District Court for the District of Minnesota.

_____________

No. 95-3686

_____________

Curtis Minter, Jr., *

 *

Plaintiff-Appellant, * Appeal from the United States

* District Court for the

v. * District of Minnesota.

 * 

Ford Motor Company, * [UNPUBLISHED] 

 *

 Defendant-Appellee. *

_____________

 Submitted: June 12, 1996

 Filed: June 19, 1996 

_____________

Before LOKEN, JOHN R. GIBSON, and HANSEN, Circuit Judges.

_____________

PER CURIAM.

Curtis Minter, Jr. filed this action alleging claims of employment

disability discrimination, in violation of the Americans with Disabilities

Act, 42 U.S.C. §§ 12101-12213; and retaliation, in violation of 42 U.S.C.

§ 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3.

The district court granted summary judgment to Ford Motor Company,

1

concluding that all of Minter's claims fail as a matter of law and that no

genuine issues of material fact exist. Minter appeals. 

We have carefully reviewed the record and the arguments presented on

appeal. We find no error of law in the district court's grant of summary

judgment to Ford Motor Company, and an
2

opinion would have no precedential value. Accordingly, we affirm the

judgment of the district court. See 8th Cir. R. 47B.

 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
CIRCUIT COURT OF CAMPBELL COUNTY

#### Sally L. Keesee for the benefit of Commercial Union Insurance Co. v. Stephen Leslie Mason and State Farm Mutual Auto. Ins. Co.

September 19, 1984

By JUDGE J. SAMUEL JOHNSTON, JR.

There are only two issues in this case and in both I fell compelled to rule in defendants’ favor.

(1) May plaintiff join a liability insurer with an insured as defendants in the extant action?

Section 8.01-5(B) (Repl. Vol. 1984) prohibits joinder of an insurance carrier on account of the issuance of an insurance policy to a party in a cause of action. The holding of the Supreme Court of Virginia in *United Services Automobile Ass’n.*v. *Nationwide Mutual Insurance Co.,*218 Va. 861 (1978), indicates that an action against a tortfeasor’s liability carrier may not be maintained before obtaining judgment against the tortfeasor citing the aforementioned code section in support of the opinion. The case of *Truman v. Spivey,*225 Va. 274 (1983), gives me some pause, but I believe it is so factually and legally distinguishable from our case that it does not mandate an opposite conclusion to the one I have reached. The Supreme Court in *Truman*seemed to still recognize the distinct identities of John Doe and a named defendant save for the peculiar facts of that case. The language that John Doe and a named defendant are "in other respects . . . separate and independent entities," *id.*at 279, support my conclusion as to the first issue in this case. To rule otherwise would forever allow a judgment against *162John Doe to serve as a judgment against an insured which is an absurdity and would create massive injustices and is contrary to logic and the dictates of Virginia law.

(2) While admitting that the answer is not crystal clear and the holding in *Truman*could be read to support plaintiff’s contention here, I once again feel compelled to rule in favor of defendants. This is clearly an attempt by an uninsured motorist carrier to enforce its right of subrogation to an insured. This is a derivative right enjoyed by an insurer and is akin to a tort action rather than an indemnification proceeding. The holding in *United Services, supra,*indicates that there be no implied promise of indemnity where an uninsured motorist carrier settles with its insured without consulting the alleged tortfeas- or’s liability carrier. The same result should obtain here as neither of the defendants was a party to the John Doe action and it is of no moment that a judgment was entered rather than the case being dismissed as settled. I must note, as an aside, that counsel for plaintiff showed great ingenuity in his tactics to have the case proceed as far as it has. To allow this case to proceed would allow plaintiffs to enjoy an open ended statute of limitations, a decision that is contrary in all respects to the policy of the statutes of limitation. Thus, I rule that the two-year statute of limitations, as set forth in Virginia Code Section 8.01-243, is applicable here and the plaintiff’s suit was not timely filed and must be dismissed.
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 Discovery Technologies, Inc.
(the "Company") on Form 10-KSB for the period ending June 30, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
John Venette, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. 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 and 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.

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

     Date:  September 28, 2007                 By /s/ John Venette
                                                 -------------------------------
                                                  John Venette
                                                  Chief Financial Officer,
                                                  Secretary, Treasurer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       2,323,127
<SECURITIES>                                         0
<RECEIVABLES>                                7,150,628
<ALLOWANCES>                                    71,193
<INVENTORY>                                  6,253,336
<CURRENT-ASSETS>                            16,590,137
<PP&E>                                       6,049,765
<DEPRECIATION>                               3,719,102
<TOTAL-ASSETS>                              20,673,768
<CURRENT-LIABILITIES>                        9,121,394
<BONDS>                                        642,913
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       180,748
<OTHER-SE>                                  10,728,713
<TOTAL-LIABILITY-AND-EQUITY>                20,673,768
<SALES>                                     24,767,740
<TOTAL-REVENUES>                            24,767,740
<CGS>                                       17,715,746
<TOTAL-COSTS>                               17,715,746
<OTHER-EXPENSES>                             9,197,098
<LOSS-PROVISION>                               116,167
<INTEREST-EXPENSE>                             240,928
<INCOME-PRETAX>                            (2,248,994)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,248,994)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,248,994)
<EPS-BASIC>                                    (.12)
<EPS-DILUTED>                                    (.12)


</TABLE>
#### John Moody, Respondent, v Svetlana Sorokina, Appellant.

Submitted February 11, 2008;

decided February 19, 2008

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
<PAGE>   1
                                                                      EXHIBIT 23





                         INDEPENDENT AUDITORS  CONSENT


To the Partners of
TEPPCO Partners, L.P.:

We consent to incorporation by reference in the registration statement (No.
33-81976) on Form S-3 of TEPPCO Partners, L.P. of our report dated January 16,
1998, except as to Note 7, which is as of January 27, 1998, relating to the
consolidated balance sheets of TEPPCO Partners, L.P. as of December 31, 1997,
and 1996, and the related consolidated statements of income, partners' capital,
and cash flows for each of the years in the three-year period ended December
31, 1997, which report appears in the December 31, 1997, annual report on Form
10-K of TEPPCO Partners, L.P.


                                                     /S/ KPMG PEAT MARWICK LLP
                                                     KPMG Peat Marwick LLP

Houston, Texas
March 3, 1998
EX-31 Rule13a-14(d)/15d-14(d) Certifications.

 

 

I, Helaine M. Kaplan,certify that:

 

1. I have reviewedthis report on Form 10-K and all reports on Form 10-D required to be filed inrespect of the period covered by this report on Form 10-K of the COMM2013-CCRE10 Mortgage Trust (the "Exchange Act periodic reports");

 

2. Based on myknowledge, the Exchange Act periodic reports, taken as a whole, do not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on myknowledge, all of the distribution, servicing and other information required tobe provided under Form 10-D for the period covered by this report is includedin the Exchange Act periodic reports;

 

4. Based on myknowledge and the servicer compliance statements required in this report underItem 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicers have fulfilled their obligations under theservicing agreements in all material respects; and

 

5. All of the reportson assessment of compliance with servicing criteria for asset-backed securitiesand their related attestation reports on assessment of compliance withservicing criteria for asset-backed securities required to be included in thisreport in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except asotherwise disclosed in this report. Any material instances of noncompliancedescribed in such reports have been disclosed in this report on Form 10-K.

 

In giving thecertifications above, I have reasonably relied on information provided to me bythe following unaffiliated parties:

 

Wells Fargo Bank,National Association, as Master Servicer, LNR Partners, LLC, as SpecialServicer, U.S. Bank National Association, as Trustee, Wells Fargo Bank,National Association, as Certificate Administrator, Wells Fargo Bank, NationalAssociation, as Custodian, Park Bridge Lender Services LLC, as OperatingAdvisor, KeyBank National Association (as successor to KeyCorp Real EstateCapital Markets, Inc.), as Primary Servicer, CoreLogic Commercial Real EstateServices, Inc., as Servicing Function Participant, and National Tax Search,LLC, as Servicing Function Participant.

 

 

 

Dated: March 19, 2018

 

 

/s/ Helaine M. Kaplan

 

 

President

(seniorofficer in charge of securitization of the depositor)
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 Charles & Colvard,
Ltd. (the Company) on Form 10-Q for the period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James R. Braun, Vice President of Finance and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                     
|-----------------------------------------------------
|/s/ James R. Braun                                   
|James R. Braun                                       
|Vice President of Finance and Chief Financial Officer
|November 8, 2005                                     
|                                                     



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



22
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001015551
<NAME>                        Sprint Spectrum L.P.
<MULTIPLIER>                                   1,000


<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-END>                                   Dec-31-1998
<CASH>                                         70,400
<SECURITIES>                                   0
<RECEIVABLES>                                  489,200
<ALLOWANCES>                                   15,800
<INVENTORY>                                    91,700
<CURRENT-ASSETS>                               662,400
<PP&E>                                         4,571,900
<DEPRECIATION>                                 772,200
<TOTAL-ASSETS>                                 6,825,800
<CURRENT-LIABILITIES>                          1,404,400
<BONDS>                                        5,649,100
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     (307,600)
<TOTAL-LIABILITY-AND-EQUITY>                   6,825,800
<SALES>                                        0
<TOTAL-REVENUES>                               909,800
<CGS>                                          0
<TOTAL-COSTS>                                  1,516,600
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             386,700
<INCOME-PRETAX>                                (1,995,700)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,995,700)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                (42,900)
<CHANGES>                                      0
<NET-INCOME>                                   (2,038,600)
<EPS-BASIC>                                  0
<EPS-DILUTED>                                  0



</TABLE>
**EXHIBIT 32.2**

CALIPER LIFESCIENCES, INC.CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CaliperLife Sciences, Inc. (the “Company”) on Form 10-Q for the quarterended June 30, 2007 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Thomas T. Higgins, Executive Vice President andChief Financial Officer of the Company certify, pursuant to the requirement setforth in Rule 13a-14(b) of the Securities Exchange Act of 1934, asamended (the “Exchange Act”) and 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best ofmy knowledge that:

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Exchange Act; and

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.
|        | /s/ Thomas T. Higgins                                |   |
|--------|------------------------------------------------------|--------|
|   | Thomas T. Higgins                                    |
|   | Executive Vice President and Chief Financial Officer |

 

Date:   August9, 2007

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-START>                             AUG-01-1999
<PERIOD-END>                               OCT-31-1999
<CASH>                                           4,845
<SECURITIES>                                         0
<RECEIVABLES>                                   30,978
<ALLOWANCES>                                   (1,518)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                37,660
<PP&E>                                          21,912
<DEPRECIATION>                                (13,149)
<TOTAL-ASSETS>                                 132,694
<CURRENT-LIABILITIES>                           20,319
<BONDS>                                         50,047
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           102
<OTHER-SE>                                      62,226
<TOTAL-LIABILITY-AND-EQUITY>                   132,694
<SALES>                                         62,723
<TOTAL-REVENUES>                                62,723
<CGS>                                                0
<TOTAL-COSTS>                                   60,702
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   247
<INTEREST-EXPENSE>                               1,157
<INCOME-PRETAX>                                    864
<INCOME-TAX>                                       459
<INCOME-CONTINUING>                                405
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       405
<EPS-BASIC>                                       0.04
<EPS-DILUTED>                                     0.04


</TABLE>