alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Xiomara Herrera, an Infant, by Her Mother and Natural Guardian, Yesenia Herrera, Appellant, v R. Conley Inc. et al., Respondents.

[860 NYS2d 21]

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 23, 2007, which granted defendant Herrera’s motion and codefendants’ cross motion to change venue from Bronx to Westchester County, unanimously reversed, on the law, without costs, and the motion denied.

Bronx County was an improper venue for this action as it appears that plaintiff and one defendant reside in Westchester County, the other two defendants reside in Erie and Jefferson Counties, and the action arose in Westchester. Nevertheless, for a change in venue predicated on a plaintiffs designation of an improper county (CPLR 510 [1]), the demand must be served with or prior to the answer (CPLR 511 [a]), unless plaintiffs misleading statements regarding residence caused defendants’ untimely service of the demand *(Philogene v Fuller Auto Leasing,*167 AD2d 178 [1990]), in which case the delay can be excused. While the allegations in the complaint with respect to residence were untrue, this was rectified with service of the bill of particulars in which plaintiff identified Westchester as her county of residence. Defendants failed, without explanation, to serve a demand for change of venue until more than eight months after the bill of particulars was served.

*219The motion and cross motion did not set forth a basis for a discretionary change in venue (CPLR 510 [3]), and defendants argued that their motion and cross motions were respectively made “as of right” pursuant to CPLR 511. Because the statutory procedure was not followed, defendants were not entitled to a change of venue as of right. Even if a discretionary venue change had been sought, the omission of affidavits or other proofs from material witnesses claiming to be inconvenienced by a trial in the Bronx, as well as defendants’ failure to identify such witnesses, would have been fatal to the motion *(see Kurfis v Shore Towers Condominium,*48 AD3d 300, 301 [2008]). Concur—Lippman, P.J., Mazzarelli, Williams, Sweeny and Acosta, JJ.
---

Exhibit 8


CERTIFICATION PURSUANT TO 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 Minefinders Corporation Ltd. (the “Company”) on Form 40-F for the period ended December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Greg D. Smith, Chief Financial 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company. February 23, 2012

   /s/ Greg D. SmithGreg D. SmithChief Financial Officer
 A signed original of this written statement required by Section 906 has been provided to Minefinders Corporation Ltd. and will be retained by Minefinders Corporation Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.


---
Exhibit 10.2


 


Supplementary
Loan Agreement


 


This
Supplementary Loan Agreement is entered into by and between the following parties as of October 14, 2014 in Beijing, China.


 


Party
A: Hebei Zhongding Real Estate Development Co., Ltd.


 


Party
B: Huaxia Huifeng Ventures Capital Management (Beijing) Co., Ltd.


 


Each
of Party A and Party B shall be referred to individually as a “Party” and collectively as the “Parties”
herein


 


RECITALS


 


Whereas,
Party A provided a RMB 170,000,000 loan (the “Loan”) to Party B with a term from October 15, 2013 to October
14, 2014.


 


Whereas,
Party A and Party B desire to extend the term of Loan.


 


NOW,
THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS


 


Article
1.      Use of Loan


Party
A acknowledges that the loan was used to real estate development and, therefore, the loan cannot be repaid prior to October 14,
2014.


 


Article
2.      Term


Both
Parties agree to extend the term of Loan. The extended term shall be from October 15, 2013 to October 14, 2015.


 


Article
3.      Interest Rate


Both
Parties agree that the interest rate of Loan shall be 18% per annum.


 






    	 



    	 



    

 


Article
4.      Capability of Repayment


Party
A acknowledges that 1) Party B’s subsidiary has a land use right which is worth RMB 290,000,000; 2) the real estate project
as developed by Party B and its subsidiary has already been approved by government. Such project covers land area of 52,000 square
meters, and the total construction area is 135,000 square meters. Party B and its subsidiary expect to receive RMB 30,000,000
from the initial pre-sale based on the current market; and 3) Party B is negotiating with local banks for a RMB 200,000,000 loan.
Therefore, Party A understands that Party B will be able to repay the Loan within the extended term.


 


Article
5.      Governing Law and Dispute Resolution


This
Supplementary Loan Agreement shall be governed by PRC law. Any disputes under this agreement shall be settled at first through
friendly consultation between the Parties hereto. In case no settlement can be reached through consultation, each Party shall
have the right to submit such disputes to the people’s court at the place where the plaintiff is domiciled.


 


Article
6.      Effectiveness


This
Supplementary Loan Agreement shall become effective upon the execution by authorized representatives of both Parties. This Supplementary
Loan Agreement shall be executed in duplicate, and each Party shall hold one original.


 


(Remainder
of Page Intentionally Left Blank)


 




    	 



    	 



    


 


 


IN
WITNESS WHEREOF, this Supplementary Loan Agreement has been duly executed by both Parties as of the date first indicated above.


  


Party
A: Hebei Zhongding Real Estate Development Co., Ltd.


                                                 (Seal)


 


Authorized
Representative or Legal Representative


 


Signed/


 


Party
B: Huaxia Huifeng Ventures Capital Management (Beijing) Co., Ltd.


                                                 (Seal)


 


Authorized
Representative or Legal Representative


 


Signed/
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEETS AND STATEMENTS OF LOSS FOUND ON PAGE 3 AND  OF TE COMPANY'S FORM 10-QSB
FOR THE YEAR TO DATE, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                         112,054
<SECURITIES>                                         0
<RECEIVABLES>                                  400,122
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               512,176
<PP&E>                                         106,379
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 618,555
<CURRENT-LIABILITIES>                          160,950
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,300,000
<COMMON>                                     1,513,035
<OTHER-SE>                                 (5,355,430)
<TOTAL-LIABILITY-AND-EQUITY>                   618,555
<SALES>                                        238,203
<TOTAL-REVENUES>                               238,203
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               863,319
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (625,116)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (625,116)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 31.1

CERTIFICATION PURSUANT
TO RULE 13a-14(a) OF THE EXCHANGE ACT

|I Vikram Gulati certify that:
|-----------------------------
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             
|                             

|DATE:  May   12, 2006 | By: | /s/ Vikram Gulati      
|--------------------- | --- | -----------------------
|                      |     |                        
|                      |     | Vikram Gulati          
|                      |     | Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-28-1999
<PERIOD-START>                             MAR-01-1998
<PERIOD-END>                               MAY-31-1998
<CASH>                                       1,381,668
<SECURITIES>                                         0
<RECEIVABLES>                                8,547,470
<ALLOWANCES>                                         0
<INVENTORY>                                  9,408,845
<CURRENT-ASSETS>                            19,720,809
<PP&E>                                       2,853,436
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              47,610,864
<CURRENT-LIABILITIES>                       10,794,209
<BONDS>                                     16,193,400
<PREFERRED-MANDATORY>                          189,644
<PREFERRED>                                         15
<COMMON>                                         7,210
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                47,610,864
<SALES>                                      7,661,785
<TOTAL-REVENUES>                             7,861,423
<CGS>                                        6,214,856
<TOTAL-COSTS>                                  962,625
<OTHER-EXPENSES>                             (122,275)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             619,426
<INCOME-PRETAX>                                186,791
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            186,791
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   186,791
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .02
        

</TABLE>
**Exhibit 31.1**

 

I, Robert F. Hussey, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, Inc. 

 

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 registrant as of, and for, the periods presented in this report; 

 

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

 

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant, including its consolidated 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 theregistrant’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 inthe registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting whichare reasonably 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 management or other employees who have a significant role in the registrant’sinternal controls over financial reporting. 

 

Date: November 10, 2005
<PAGE>

Exhibit 31.2

I, Thomas J. Neavitt, Chief Financial Officer certify that:

1. I have reviewed this annual report on Form 10-KSB of Ingen Technologies, Inc.
(formerly known as Creative Recycling Technologies, Inc.)

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

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
     information relating to the registrant, including its consolidated
     subsidiaries, is made known to us by others within those entities,
     particularly during the period in which this annual report is being
     prepared;

     b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures as of a date within 90 days prior to the filing date of this
     annual report ("Evaluation Date"); and

     c) presented in this annual report our conclusions about the effectiveness
     of the disclosure controls and procedures based on our evaluation as of the
     Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

     a) all significant deficiencies in the design or operation of internal
     controls which could adversely affect the registrant's ability to record,
     process, summarize and report financial data and have identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal
     controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  February __, 2007

/s/ Thomas J. Neavitt
---------------------
Chief Financial Officer
**Exhibit 31.2**

 

I, Robert F. Hussey, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, Inc. 

 

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 registrant as of, and for, the periods presented in this report; 

 

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

 

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant, including its consolidated 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 theregistrant’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 inthe registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting whichare reasonably 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 management or other employees who have a significant role in the registrant’sinternal controls over financial reporting. 

 

Date: May 13, 2005
EX-10.1




					
		  		  	 EXHIBIT 10.1
  

(Part 1 of 2)

	



	  		  	
	TBPE REGISTERED ENGINEERING FIRM F-1580	  		  	FAX (713) 651-0849
	1100 LOUISIANA SUITE 4600	  	HOUSTON, TEXAS 77002-5294	  	TELEPHONE (713) 651-9191
			
		  		  	
		  		  	
			
		  	April 26, 2018	  	

 Ing. Carlos Alberto Treviño Medina 

Petróleos Mexicanos 
 Avenida Marina Nacional 329 

Torre Ejecutiva, Piso 44 
 Colonia Verónica Anzures 

11300 Ciudad de México, México 
 Ing.
Treviño Medina: 
 We hereby consent to the references to Ryder Scott Company, L.P. as set forth under the heading “Exploration
and Production (Reserves)” in the annual report on Form 20-F of Petróleos Mexicanos (“Pemex”) for the year ended December 31, 2017 (the “Form
20-F”) and to the filing as an exhibit to the Form 20-F our report, dated April 20, 2018, describing our review of the estimates of Pemex’s proved oil
condensate, natural gas and oil equivalent reserves as of December 31, 2017, for 36 fields located offshore from Mexico in the Northeastern Marine Region and Southwestern Marine Region. These estimates were prepared in accordance with the
applicable reserves definitions of Rule 4-10(a) of Regulation S-X of the United States Securities and Exchange Commission 

 

	
	




	RYDER SCOTT COMPANY, L.P.
	TBPE Registration No. F-1580


  

							
	SUITE 800, 350 7TH AVENUE, S.W.	 	CALGARY, ALBERTA T2P 3N9	 	TEL (403) 262-2799	 	FAX (403) 262-2790
	621 17TH STREET, SUITE 1550	 	DENVER, COLORADO 80293-1501	 	TEL (303) 623-9147	 	FAX (303) 623-4258









					
		  		  	 EXHIBIT 10.1
  

(Part 2 of 2)

	



	  		  	
	TBPE REGISTERED ENGINEERING FIRM F-1580	  		  	FAX (713) 651-0849
	1100 LOUISIANA SUITE 4600	  	HOUSTON, TEXAS 77002-5294	  	TELEPHONE (713) 651-9191
			
		  		  	
		  		  	
			
		  	April 26, 2018	  	

 Ing. Carlos Alberto Treviño Medina 

Petróleos Mexicanos 
 Avenida Marina Nacional 329 

Torre Ejecutiva, Piso 44 
 Colonia Verónica Anzures 

11300 Ciudad de México, México 
 Dear Ing.
Treviño Medina: 
 We hereby consent to the references to Ryder Scott Company, L.P. as set forth under the heading “Exploration
and Production (Reserves)” in the annual report on Form 20-F of Petróleos Mexicanos (“Pemex”) for the year ended December 31, 2017 (the “Form
20-F”) and to the filing as an exhibit to the Form 20-F our report, dated April 20, 2018, describing our review of the estimates of Pemex’s proved oil
condensate, natural gas and oil equivalent reserves as of December 31, 2017, for 88 fields located onshore in Mexico in the Southern Region. These estimates were prepared in accordance with the applicable reserves definitions of Rule 4-10(a) of Regulation S-X of the United States Securities and Exchange Commission 
  


	
	




	RYDER SCOTT COMPANY, L.P.
	TBPE Registration No. F-1580


  

							
	SUITE 800, 350 7TH AVENUE, S.W.	  	CALGARY, ALBERTA T2P 3N9	  	TEL (403) 262-2799	 	FAX (403) 262-2790
	621 17TH STREET, SUITE 1550	  	DENVER, COLORADO 80293-1501	  	TEL (303) 623-9147	 	FAX (303) 623-4258
<PAGE>   1
                                                                Exhibit 23.1





             CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS




We have issued our report (which has an explanatory paragraph pertaining to a
going concern uncertainty) dated April 9, 1997, accompanying the consolidated
financial statements included in the Annual Report of National Diagnostics,
Inc. and Subsidiaries, on Form 10-KSB for the year ended December 31, 1996.  We
hereby consent to the incorporation by reference of said report in the
Registration Statement of National Diagnostics, Inc. and Subsidiaries on Form
S-8 (File No. 33-80293, effective December 11, 1995).




                                                        GRANT THORNTON LLP


Tampa, Florida
April 9, 1997 (Except for
paragraph three of Note 6, as
to which the date is April 25, 1997)