alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Section 5. *Conditions to Effectiveness.*This Amendment shall become effective upon the date onwhich the following conditions have been satisfied:          (a) Amendment. This Amendment shall be executed and delivered by a duly authorizedofficer of the Borrower and by the Administrative Agent (at the direction of the Required Lenders).          (b) Amendment Fee. The Borrower shall have delivered (and the Borrower herebycovenants and agrees to pay) to each Lender who has consented to this Amendment on or prior to 5:00P.M., New York City time, on the date hereof (collectively, the “Consenting Lenders”) inimmediately available funds, for the benefit of such Consenting Lender, a non-refundable fee in anaggregate amount equal to 0.10% of such Consenting Lender’s pro rata share of the aggregate amountof the Term Loan held by the Consenting Lenders, in each case, as of the date hereof, which feeshall be fully earned and payable as of the date hereof.          Section 6. *Continuing Effect.*Except as expressly set forth in this Amendment, all of theterms and provisions of the Credit Agreement and the other Loan Documents are ratified andconfirmed, and are and shall remain in full force and effect, and the Borrower shall continue to bebound by all of such terms and provisions. The amendment provided for herein is limited asspecified herein and shall not constitute an amendment or waiver of any provision of the CreditAgreement or the other Loan Documents not expressly referred to herein and shall not be construedas an amendment, waiver or consent to any action on the part of the Borrower that would require anamendment, waiver or consent of the Administrative Agent or the Lenders except as expressly statedherein. Any reference to the “Credit Agreement” in the Loan Documents or any related documentsshall be deemed to be a reference to the Credit Agreement as amended by this Amendment.          Section 7. *Expenses.*The Borrower agrees to pay and reimburse the Administrative Agent for allits reasonable out-of-pocket costs and expenses incurred in connection with the preparation anddelivery of this Amendment, including, without limitation, the reasonable fees and disbursements ofcounsel to the Lenders.          Section 8. *Governing Law.*This Amendment shall in all respects be governed by and construed inaccordance with the laws of the State of New York.          Section 9. *Counterparts.*This Amendment may be signed in any number of counterparts (includingby telecopy), each of which shall constitute an original, but all of which when taken togethershall constitute one instrument.
2

 
          IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by therespective officers thereunto duly authorized as of the year and date first above written.      DELEK US HOLDINGS, INC.
#### The People of the State of New York, Respondent, v Eric Casey, Appellant.

[667 NYS2d 374]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered November 9, 1995, convicting him of robbery in the first degree, criminal possession of a weapon in the second degree, criminal possession of stolen property in the third degree, and burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of burglary in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

We find that the evidence was legally insufficient to establish the defendant’s guilt of burglary in the second degree. The store in which the defendant committed the robbery was open to the public at the time of his entry. No evidence was presented to establish that the defendant defied a lawful order not to enter or remain. Thus, regardless of his intent, the defendant entered the store with license and privilege *(see,*Penal Law § 140.00 [5]). Accordingly, we reverse the conviction of burglary in the second degree *(see, People v Brown,*25 NY2d 374, 376; *see also, People v Gaines,*74 NY2d 358).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Copertino, J. P., Sullivan, Pizzuto and Lemer, JJ., concur.
OFFICE OF THE ATTOkNEY GENERAL OF TEXAG 

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i- ~8818taZit
Electronically Filed Intermediate Court of Appeals CAAP-12-0001027 07-MAY-2014 08:38 AM
LIVESTAR ENTERTAINMENT
GROUP, INC.

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 Livestar Entertainment Group, Inc. (the
Company) on Form 10-QSB for the period ending September 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Ray Hawkins, Principal 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 of1934; 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/ Ray
Hawkins Ray HawkinsPrincipal Executive
Officer

November 22, 2004

A
signed original of this written statement required by Section 906 has been provided to
Livestar Entertainment Group, Inc. and will be retained by Livestar Entertainment Group,
Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AT JUNE 30, 1999, AND CONSOLIDATED
STATEMENTS OF OPERATIONS FOR THE YEAR ENDED JUNE 30, 1999, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                           3,530
<SECURITIES>                                         0
<RECEIVABLES>                                    2,428
<ALLOWANCES>                                       407
<INVENTORY>                                        210
<CURRENT-ASSETS>                                 6,428
<PP&E>                                           2,076
<DEPRECIATION>                                     922
<TOTAL-ASSETS>                                   8,277
<CURRENT-LIABILITIES>                           10,077
<BONDS>                                            885
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            91
<OTHER-SE>                                      (2,776)
<TOTAL-LIABILITY-AND-EQUITY>                     8,277
<SALES>                                         11,409
<TOTAL-REVENUES>                                13,873
<CGS>                                            3,618
<TOTAL-COSTS>                                    5,313
<OTHER-EXPENSES>                                18,062
<LOSS-PROVISION>                                   326
<INTEREST-EXPENSE>                                 186
<INCOME-PRETAX>                                 (8,115)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (8,115)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (8,115)
<EPS-BASIC>                                      (0.90)
<EPS-DILUTED>                                    (0.90)


</TABLE>
|    |                                                                                                         |
|----|---------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to Annual Report on Form 10-K of Rosetta Stone Inc.; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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. |

|        |
|--------|
|        |  |  |
|   |
|   |   |   |
|   |   |   |
| By:    |   | /s/ A. JOHN HASS   |
|   |   | A. John Hass(Principal Executive Officer) |
IN THE SUPREME COURT OF THE STATE OF DELAWARE

EDWARD KABLAOUI and

NANCY KABLAOUI,

Plaintiffs Below,

Appellants,

v.

GERAR PLACE CONDOMINIUM

ASSOCIATION, et al.,

Defendants Below,

Appellees.

§

§ 

§ No. 21, 2023

§ 

§ Court Below—Court of Chancery

§ of the State of Delaware

§ 

§ C.A. No. 2021-0700

§

§

§

§

§

 Submitted: August 9, 2023

Decided: August 16, 2023

Before VALIHURA, TRAYNOR, and GRIFFITHS, Justices.

ORDER

On this 16th day of August 2023, the Court having considered this 

matter on the briefs filed by the parties and having determined that the final judgment 

of the Court of Chancery should be affirmed on the basis of and for the reasons 

assigned by the Court of Chancery in its ruling dated December 21, 2022.

NOW, THEREFORE IT IS ORDERED that the judgment of the Court of 

Chancery is AFFIRMED.

BY THE COURT:

/s/ N. Christopher Griffiths

Justice
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3224 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3224

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2009

                                Received

                           December 24, 2009

  Read twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 AN ACT

 
  To authorize the Board of Regents of the Smithsonian Institution to 
   plan, design, and construct a vehicle maintenance building at the 
 vehicle maintenance branch of the Smithsonian Institution located in 
              Suitland, Maryland, and for other purposes.

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

SECTION 1. VEHICLE MAINTENANCE BUILDING, SUITLAND, MARYLAND.

    (a) Authority To Plan, Design, and Construct.--The Board of Regents 
of the Smithsonian Institution is authorized to plan, design, and 
construct a vehicle maintenance building at the vehicle maintenance 
branch of the Smithsonian Institution located in Suitland, Maryland.
    (b) Purpose of Building.--The purpose of the building shall be to 
provide a facility to be used for housing, maintaining, and repairing 
vehicles and transportation equipment of the Smithsonian Institution.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$4,000,000 for fiscal year 2010.

            Passed the House of Representatives December 8, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3251 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3251

 To repeal certain provisions of title 5, United States Code, relating 
 to Federal employees' official time and labor organization activities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2009

 Mr. Gingrey of Georgia (for himself, Mr. King of Iowa, Mr. Sessions, 
    Mr. Harper, Mr. Bartlett, Mr. Latta, Mrs. McMorris Rodgers, Mr. 
 Radanovich, Mr. Westmoreland, Mr. Issa, Mr. Conaway, Mr. Shadegg, Mr. 
Campbell, Ms. Fallin, Mr. Linder, Mr. Scalise, Mr. Fleming, Mr. Pitts, 
 Mrs. Bachmann, Mr. Broun of Georgia, Mr. Brady of Texas, Mr. Stearns, 
and Mr. Coble) introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To repeal certain provisions of title 5, United States Code, relating 
 to Federal employees' official time and labor organization activities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Accountability Act 
of 2009''.

SEC. 2. REPEAL OF CERTAIN PROVISIONS RELATING TO OFFICIAL TIME.

    Subsections (a) and (c) of section 7131 of title 5, United States 
Code, are repealed.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENT OF ATLAS-ENERGY FOR THE NINETIES PUBLIC #8 L  FINANCIAL DATA
STATEMENT FOR 1ST QUARTER 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   123865
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                123865
<PP&E>                                       125773810
<DEPRECIATION>                                 (83776)
<TOTAL-ASSETS>                                12613899
<CURRENT-LIABILITIES>                            17764
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                  12613899
<SALES>                                         158736
<TOTAL-REVENUES>                                158736
<CGS>                                            19842
<TOTAL-COSTS>                                    19842
<OTHER-EXPENSES>                                101566
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  37328
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              37328
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     37328
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### Henry Jenrette et al., Plaintiffs, v Green Acres Mall et al., Defendants. Green Acres Mall et al., Third-Party Plaintiffs-Appellants, v Fifth Avenue Ice Cream, Inc., Doing Business as Haagen Dazs, et al., Third-Party Defendants-Respondents.

[858 NYS2d 886]

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered on or about December 3, 2007, which granted plaintiffs’ motion and third-party defendants’ cross motion to sever the third-party claims from the main action, and denied third-party plaintiffs’ cross motion for summary judgment on the claim for indemnification, unanimously reversed, on the law, without costs, summary judgment granted on the indemnification claim conditioned on a finding of liability against defendants/third-party plaintiffs, and the motion and cross motion to sever the third-party action denied.

Given that the parties are sophisticated commercial entities and that third-party defendants were obligated under the lease to procure insurance, the lease indemnification provision does not violate General Obligations Law § 5-321 *(see Great N. Ins. Co. v Interior Constr. Corp.,*7 NY3d 412, 419 [2006]). There should have been a conditional grant of summary judgment on the indemnification claim *(see Rubin v Port Auth. of N.Y. & N.J.,*49 AD3d 422 [2008]). In light of our decision, severance is unwarranted *(see Rothstein v Milleridge Inn,*251 AD2d 154 [1998]), as there is no issue of further discovery. Concur—Mazzarelli, J.P, Andrias, Williams and Renwick, JJ.
EX-10.12



 EXHIBIT 10.12 

Amendment Agreement 

between 
  

	1.	Pieris AG, represented by the Supervisory Board, Lise-Meitner-Straße 30, 85354 Freising-Weihenstephan 


- hereinafter the “Company” -, 

and 
  

	2.	Stephen S. Yoder, Poccistr. 11, 85375 Neufahrn 

 - hereinafter the “CEO”
-, 
 - Company and CEO hereinafter collectively the “Parties”, each of them also the 

“Party” — 
 Preamble

 Whereas, the Parties entered into a Management Agreement dated as of August 30, 2009 (hereinafter the “Management
Agreement”), by which the Company employed the CEO as a Chief Executive Officer (Vorstandsvorsitzender) for the term of 18 months, i.e. from January 1, 2010, until June 30, 2011. 

Whereas, this term extended automatically for one further year, i.e. until June 30, 2012. 

Whereas, the Parties want to extend the term of the CEO’s employment at least once more. 

NOW THEREFORE, the Parties agree as follows: 

§1 
 Extension of
the term of employment 
 § 1 para 1 of the Management Agreement shall be amended as follows: 

“The employment shall commence on January 1, 2010, and is entered for a term of 18 (eighteen) months, i.e. this Agreement will end on
June 30, 2011. This Agreement will be extended once or more times automatically for 1 (one) year, unless it has been terminated in writing 6 (six) months prior to the end of the respective term, provided that the total term does not exceed 5
(five) years (i.e. until December 31, 2014 at the latest). Therefore, the last possible extension of the term shall be only for a term of 6 (six) months, i.e. from July 1, 2014 until December 31, 2014.” 







 §2 

Final provisions 
  

	1.	All provisions of the Management Agreement which were not explicitly amended by this Amendment Agreement shall remain unaffected and in force. 


 

	2.	Amendments or modifications to this Amendment Agreement require written form to be effective. The same shall apply to a modification or abrogation of this written form requirement. 


 

	3.	In case single provisions of this Amendment Agreement are or prove to be invalid or not enforceable or in case this Amendment Agreement should contain gaps, the binding force and effectiveness of the other provisions of
this Amendment Agreement shall remain unaffected. The invalid or unenforceable provision shall be replaced by such provision(s) which the Parties would have foreseeably agreed upon had they had knowledge of the invalidity, un-enforceability or the
gap as of the time of the signing of this Amendment Agreement. Should a provision be or prove to be invalid for the stipulated ex-tent and scope of the respective obligation contained therein, the scope and extent of such obligation shall be
adjusted to match the legally admissible ex-tent and scope of obligation. 

  

	4.	This Amendment Agreement shall be governed by the laws of the Federal Republic of Germany save for its conflict of law provisions. 

  


					
	Freising-Weihenstephan, December 6, 2011	 		 	Neufahrn, March 12, 2012
			
	 /s/ Hans Küpper
	 		 	 /s/ Stephen S. Yoder

	Company	 		 	CEO


  
 -2/2-