alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                 Exhibit 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-85010) pertaining to the Cohesant Technologies Inc. 1994
Employee Stock Option Plan, and (Form S-8 No. 333-67127) the Cohesant
Technologies Inc. Employee 401(k) Profit Sharing Plan of our report dated
December 18, 2002, with respect to the consolidated financial statements of
Cohesant Technologies Inc. included in the Annual Report on Form 10-KSB for the
year ended November 30, 2002.


Indianapolis, Indiana
February 12, 2003
#### UNITED STATES, Plaintiff-Appellee, v. FORD MOTOR COMPANY, Defendant-Appellant.

No. 2007-1442.

United States Court of Appeals, Federal Circuit.

May 6, 2008.

David A. Levitt, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.

Robert B. Silverman, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, New York, argued for defendant-appellant. With him on the brief was Frances P. Hadfield. Of counsel on the brief was Paulsen K. Vandevert, Ford Motor Company, World Headquarters, of Dearborn, Michigan.

Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. *See*Fed. Cir. R. 36.
ex-10.1

 

 AMENDMENT TO INTERNATIONAL FRANCHISE AGREEMENT of HERTZ 
 EQUIPMENT RENTAL SYSTEM by and between HERTZ EQUIPMENT RENTAL 
 CORPORATION and MONGOLIA EQUIPMENT RENTAL CORPORATION 
 

 

 This amendment ("Amendment") to International Franchise Agreement of Hertz Equipment Rental System is made and entered into this 16th day of December, 2014, by and between, on the one hand, HERTZ EQUIPMENT RENTAL CORPORATION, a corporation organized and existing under the laws of the State of Delaware, United States of America, having its principal place of business at 225 Brae Boulevard, Park Ridge, New Jersey 07656, U.S.A. (the “Franchisor”), and on the other hand, Mongolia Equipment Rental Corporation, a corporation organized and existing under the laws of the State of Delaware, having its registered address at 2300 W. Sahara Ave., Suite 800, Las Vegas, NV 89102 (the “Franchisee”).
 

 WITNESSETH:
 

 WHEREAS, on March 21, 2013, Franchisee and Franchisor entered into an International Franchise Agreement (the "Agreement").
 

 WHEREAS, Section IIA of the Agreement (“TERM AND RENEWAL”) refers to a commencement date of July 1st 2013 (the “Original Commencement Date”).
 

 WHEREAS, Franchisor and Franchisee wish to amend the Original Commencement Date to the date of December 31st 2014 (“Amended Commencement Date”).
 

 NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
 

 1.
 Hereinafter it shall be adopted and from this point forward Section IIA of the Agreement shall read: 
 

 The license granted to Franchisee under this Agreement shall commence on December 31st, 2014 (the “Commencement Date”) and continue for ten (10) years (the “Initial Term”), unless renewed or sooner terminated in accordance with the terms hereof. 
 

 2.
 Except as specifically amended hereby, the parties hereto acknowledge and confirm that the “International Franchise Agreement” and the “Manual” shall remain in full force and effect and enforceable in accordance with their terms.
 

 

 


 
 

 IN WITNESS WHEREOF, intending to be legally bound, the parties hereto have caused this Amendment to be signed by their duly authorized officers.
 

 	
	 For: MONGOLIA EQUIPMENT RENTAL CORPORATION

	 (FRANCHISEE)


  
 BY: /s/ Gary Kucher
 NAME: Gary Kucher
 TITLE: CEO
 DATE:  December 16, 2014
 

 

 	
	 For: HERTZ EQUIPMENT RENTAL CORPORATION

	 (FRANCHISOR)

	  
 BY: /s/ Matthew T. Ladd
 NAME:  Matthew T. Ladd

	 TITLE:  Division Manager - Global Franchise Operations
 DATE:   December 16, 2014

	  


 

 

 

 

 


 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 3, 2017.

*A. Federal Reserve Bank of Atlanta*                     (Kathryn Haney, Director of Applications) 1000 Peachtree Street NE., Atlanta, Georgia 30309. Comments can also be sent electronically to                     *Applications.Comments@atl.frb.org:*

                    1.                     *SSX2, LLC, Tallahassee, Florida*; to be added to the Smith family control group, which controls Capital City Bank Group, Inc., and its subsidiary, Capital City Bank, both of Tallahassee, Florida.                

      ( print page 48514)    
Board of Governors of the Federal Reserve System, October 13, 2017.

Michele Taylor Fennell,

Assistant Secretary of the Board.

[FR Doc. 2017-22621 Filed 10-17-17; 8:45 am]

BILLING CODE P
##### 



Exhibit 99.2

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 Horseshoe Gaming Holding Corp.
(the Company) on Form 10-Q for the period ended June 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Kirk C. Saylor, Chief Financial Officer, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:



|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.

| |     |                                                        
| | --- | -------------------------------------------------------
| | By: | /s/ Kirk C. Saylor                                     
| |     |                                                        
| |     | Kirk C. Saylor, Chief Financial Officer
August 13, 2002
#### Frances Bein, Respondent, v County of Nassau et al., Appellants.

[987 NYS2d 416]

In an action, inter alia, to recover damages pursuant to 42 *651USC § 1983 for violation of constitutional rights under color of state law, the defendants appeal from an order of the Supreme Court, Nassau County (Mahon, J.), entered June 4, 2012, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

The plaintiff commenced this action alleging, inter alia, violations of her constitutional rights in the course of her employment with the defendant Nassau County Police Department.

Contrary to the determination of the Supreme Court, the defendants demonstrated their entitlement to judgment as a matter of law dismissing the first cause of action, which alleged violations of the plaintiffs rights to equal protection and due process. The plaintiff based her equal protection claim on the “class of one” theory, that is, she alleged that she was subject to adverse employment consequences not because of her membership in an identified class of persons based on categories such as race, sex, and national origin, hut simply for arbitrary, vindictive, and malicious reasons. The defendants established, prima facie, that an equal protection claim based on a “class of one” theory cannot be asserted in the public employment context *(see Engquist v Oregon Dept. of Agriculture,*553 US 591, 605-607 [2008]). With respect to the due process claim, the defendants established that the plaintiff was not deprived of a constitutionally protected property right (see *Adler v County of Nassau,*113 F Supp 2d 423, 429 [ED NY 2000]).

The defendants likewise established their prima facie entitlement to judgment as a matter of law dismissing the second cause of action, which alleged a First Amendment retaliation claim, by showing that the conduct claimed by the plaintiff to have triggered the alleged retaliation, consisting of the filing of a prior lawsuit and the ticketing of the plaintiffs off-duty police coworker for a traffic infraction, did not constitute protected speech *(see Storman v Klein,*395 Fed Appx 790, 793-794 [2d Cir 2010]).

Additionally, with regard to the third cause of action, sounding in negligent hiring and negligent employee supervision, and seeking damages for emotional harm, the defendants demonstrated that the plaintiff failed to timely serve a notice of claim upon them as a condition precedent to the assertion of this claim *(see Davidson v Bronx Mun. Hosp.,*64 NY2d 59 [1984]; *Santoro v Town of Smithtown,*40 AD3d 736 [2007]).

Since the plaintiff failed to raise a triable issue of fact in op*652position to the defendants’ prima facie showings, the defendants’ motion for summary judgment dismissing the complaint should have been granted in its entirety *(see Zuckerman v City of New*York, 49 NY2d 557 [1980]).

Mastro, J.E, Leventhal, Chambers and Austin, JJ., concur.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

10 

CA 16-01146 

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

 

 

THE CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, 

PLAINTIFF-RESPONDENT, 

V ORDER

MATTHEW PALMER, ALSO KNOWN AS MATTHEW J. 

PALMER, PALMER AUTOMOTIVE, INC., 

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

 

CHENEY & BLAIR, LLP, GENEVA (DAVID D. BENZ OF COUNSEL), FOR

DEFENDANTS-APPELLANTS.

HARTER SECREST & EMERY LLP, ROCHESTER (JESSICA A. MYERS OF COUNSEL),

FOR PLAINTIFF-RESPONDENT. 

 

Appeal from an order of the Supreme Court, Ontario County

(Frederick G. Reed, A.J.), entered August 24, 2015. The order granted

plaintiff’s motion for summary judgment. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs. 

Entered: February 3, 2017 Frances E. Cafarell

Clerk of the Court
<PAGE>

                                  EXHIBIT 11
                                  ----------

             STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE


                                                   Years Ended March 31,
                                           -------------------------------------
                                              2001          2000          1999
                                              ----          ----          ----


Weighted average number
  of common shares outstanding used
  in basic EPS calculation                  196,539       203,981       209,786

Add common stock equivalents
  for shares issuable under
  Stock Option Plans                          2,641         2,720         3,566
                                            -------       -------       -------

Weighted average number of shares
  outstanding adjusted for common
  stock equivalents                         199,180       206,701       213,352
                                            =======       =======       =======

Net income (loss)                         $ (39,007)       62,036       157,364
Basic earnings (loss) per share           $    (.20)          .30           .75
Diluted earnings (loss) per share         $    (.20)          .30           .74
[Letterhead]

KPMG Peat Marwick LLP
2400 First Indiana Plaza
135 North Pennsylvania Street
Indianapolis, IN  46204-2452




The Board of Directors
Union Acceptance Corporation:

We consent to  incorporation  by reference in the  Registration  Statement  (No.
333-09717) on Form S-8 of Union Acceptance  Corporation of our report dated July
30, 1997 relating to the  consolidated  balance  sheets of the Union  Acceptance
Corporation  and  Subsidiaries  as of June 30,  1997 and 1996,  and the  related
consolidated  statements of earnings and cash flows for each of the years in the
three-year period ended June 30, 1997, and the related consolidated statement of
shareholders'  equity for the years ended June 30, 1997 and 1996,  which  report
appears in the June 30,  1997 Annual  Report on Form 10-K/A of Union  Acceptance
Corporation.



/s/ KPMG Peat Marwick LLP

Indianapolis, Indiana
December 23, 1998
CERTIFICATIONS OF CFO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

Exhibit 31.2
                                 CERTIFICATIONS

I, Bruce A. Hall, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of RG America, Inc.(the
"Registrant");

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the consolidated financial statements, and other
financial information included in this report, fairly present in all material
respects the consolidated 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 for
establishing 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 our supervision, 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 the Registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) Disclosed in this report any change in the 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 is reasonably 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 independent registered public accounting firm and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are 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's internal control over
financial reporting.

August 24, 2005

/s/ Bruce A. Hall
----------------------------
Bruce A. Hall
Principal Financial Officer
Exhibit 32.1

STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, Charles M. Sprock, is the President and Chief Executive Officer of Rome Bancorp, Inc. (the Company). This statement is being furnished in connection with the filing by the
Company of the Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2008 (the Report).

By execution of this statement, I certify that:

A)
  
  the Report fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) andB)
  
  the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Companyas of the dates and for the periods covered by the Report.


This statement is authorized to be attached as an exhibit to the Report so that this statement will accompany the Report at such time as the Report is filed with the Securities and Exchange
Commission, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 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.

|Date: | May 8, 2008 |  | /s/ Charles M. Sprock
|----- | ----------- |  | ---------------------
|      |             |  |                      
|      |             |  |                      

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XF737

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice of vendor to provide fishing year 2018 cage tags.

# SUMMARY:

NMFS informs surfclam and ocean quahog individual transferable quota (ITQ) allocation holders that they will be required to purchase their fishing year 2018 (January 1, 2018-December 31, 2018) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

# FOR FURTHER INFORMATION CONTACT:

Anna Macan, Fishery Management Specialist, (978) 281-9165; fax (978) 281-9161.

# SUPPLEMENTARY INFORMATION:

                    The Federal Atlantic surfclam and ocean quahog fishery regulations at 50 CFR 648.77(b) authorize the Regional Administrator of the Greater Atlantic Region, NMFS, to specify in the                     **Federal Register**                     a vendor from whom cage tags, required under the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP), shall be purchased. Notice is hereby given that National Band and Tag Company of Newport, Kentucky, is the authorized vendor of cage tags required for the fishing year 2018 Federal surfclam and ocean quahog fisheries. Detailed instructions for purchasing these cage tags will be provided in a letter to ITQ allocation holders in these fisheries from NMFS within the next several weeks.                

Authority:16 U.S.C. 1801*et seq.*

Dated: October 11, 2017.

Emily H. Menashes,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2017-22401 Filed 10-16-17; 8:45 am]

 BILLING CODE 3510-22-P
Exhibit 31.1
 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the Registrant, including its consolidated subsidiary, is made
known to us by others within those entities, particularly during the period in which
this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;c)
    
    Evaluated the effectiveness of the Registrant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; andd)
    
    Disclosed in this report any change in the Registrants internal control over
financial reporting that occurred during the Registrants most recent fiscal quarter
that has materially affected, or is reasonably likely to materially effect, the
Registrants internal control over financial reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the Registrants ability to record, process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the Registrants internal control over financial
reporting.
  By:
    /s/ James C. MastandreaJames C. MastandreaChairman of the Board, Chief Executive
Officer and President
(Chief Executive Officer)