alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1


6715 Kenilworth Avenue Partnership

1015 31st Street, NW

Washington, DC   20007


Reference:             Lease
Agreement dated Sept. 1, 2000


Amendment
to Lease Agreement


Cogent Communications, Inc. (Tenant) and 6715
Kenilworth Avenue Partnership (Landlord) hereby agree to amend the Lease
Agreement dated September 1, 2000, as amended (Lease Agreement) as follows:


The Demised Premises shall consist of the 4th, 5th, and 6th floors of the Building.


Tenant is granted an option with respect to the Lease
Agreement.  The option may be exercised
by delivery of written notice to Landlord on or prior to July 31, 2006.  Upon exercise of the option the following
provisions shall be added to the Lease Agreement:


The
Lease Term of the Lease Agreement is extended through August 31, 2010.  Tenant may without penalty at any time
terminate the lease of space pursuant to the Lease Agreement upon 60 days
written notice.  Upon the effective date
of any such termination Tenant shall no longer be obligated to pay rent or
other charges and any advance rent payments or other charges shall be refunded
to Tenant based on proration through the effective date of termination.


Effective
for rent due on August 1, 2006 and subsequently the Fixed Annual Rent shall be
$353,487.00 payable in monthly installments of 
$29,457.25 (representing a reduction from $24 per square foot to $23 per
square foot).


For
the period commencing August 1, 2006 and ending upon the termination of the
lease of space Tenant shall pay in addition to the Fixed Annual Rent an Energy
Charge.  The Energy Charge shall equal
the building water and natural gas charge multiplied by 53.675 percent
(representing the proportion of the building space occupied by Cogent) plus the
total building electricity charge multiplied by 68.520 percent (representing
the proportion of the building space occupied by Cogent with 2nd floor excluded).  (The different percentage for electricity is
due to the fact that the second floor of the building is separately
metered.  If this should change the percentage
shall be adjusted accordingly.) The Energy Charge shall be calculated monthly
based on the actual bills paid by Landlord for electricity, natural gas, and
water and submitted to Tenant.  Tenant
shall be obligated to pay the Energy Charge to Landlord within 30 days of
receipt by Tenant of the calculation and back up from Landlord.


Except as amended herein, the Lease Agreement, as
amended, shall remain in full force and effect.   Executed as of the 20th day of June, 2006.


TENANT:  Cogent Communications, Inc


/s/Thaddeus G. “Tad” Weed

Thaddeus G. Weed

Chief Financial Officer


LANDLORD:  6715 Kenilworth Avenue Partnership


/s/David Schaeffer

Dave Schaeffer

General Partner



 1
#### UNITED STATES of America, Plaintiff-Appellee, v. James Adolph BROWN, Defendant-Appellant.

No. 10-7512.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2011.

Decided: Jan. 21, 2011.

*760James Adolph Brown, Appellant Pro Se. Jennifer P. May-Parker, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Adolph Brown seeks to appeal the district court’s order treating his Fed.R.Civ.P. *60(b)*motion as a successive 28 U.S.CA. § 2255 (West Supp.2010) motion, and dismissing it on that basis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006); *Reid v. Angelone,*369 F.3d 363, 369 (4th Cir.2004). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Brown has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

Additionally, we construe Brown’s notice of appeal and informal brief as an application to file a second or successive § 2255 motion. *United States v. Winestock,*340 F.3d 200, 208 (4th Cir.2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, previ*761ously unavailable, made retroactive by the Supreme Court to cases on collateral review. 28 U.S.C.A. § 2255(h) (West Supp. 2010). Brown’s claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2255 motion.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6722

ROBERT D. COOK,

Petitioner - Appellant,

versus

LLOYD L. WATERS, Warden; ATTORNEY GENERAL OF

THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-00-

2318-AMD)

Submitted: October 24, 2001 Decided: November 13, 2001

Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert D. Cook, Appellant Pro Se. John Joseph Curran, Jr., Attorney

General, Celia Anderson Davis, OFFICE OF THE ATTORNEY GENERAL OF

MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert D. Cook seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 2001). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal substantially

on the reasoning of the district court. See Cook v. Waters, No.

CA-00-2318-AMD (D. Md. Mar. 22, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid

the decisional process.

DISMISSED
[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Rules and Regulations]
[Page 11117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4327]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA-378, MM Docket No. 00-200, RM-9967]


Digital Television Broadcast Service; Sioux Falls, SD

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission, at the request of Midwest Broadcasting 
Company, licensee of station KAUN(TV), NTSC channel 36, substitutes DTV 
channel 51 for DTV channel 40 at Sioux Falls, South Dakota. See 65 FR 
63044, October 20, 2000. DTV channel 51 can be allotted to Sioux Falls 
in compliance with the principle community coverage requirements of 
Section 73.625(a) at reference coordinates (43-30-19 N. and 96-34-19 
W.) with a power of 93.0, HAAT of 230 meters and with a DTV service 
population of 209 thousand.
    With this action, this proceeding is terminated.

DATES: Effective April 2, 2001.

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 00-200, adopted February 14, 2001, and 
released February 15, 2001. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the FCC Reference Center 445 12th Street, SW., Washington, DC. The 
complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR PART 73

    Television, Digital television broadcasting.

    Part 73 of Title 47 of the Code of Federal Regulations is amended 
as follows:

47 CFR PART 73--[AMENDED]

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec. 73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under South Dakota, is amended by removing DTV channel 40 and adding 
DTV channel 51 at Sioux Falls.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Services Division, Mass Media Bureau.
[FR Doc. 01-4327 Filed 2-21-01; 8:45 am]
BILLING CODE 6712-01-P
I

103D CONGRESS

1ST SESSION H. R. 2302

To extend until January 1, 1995, the previously existing suspension of duty

on o-Benzyl-p-chlorophenol.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. CASTLE introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To extend until January 1, 1995, the previously existing

suspension of duty on o-Benzyl-p-chlorophenol.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF EXISTING SUSPENSION OF

4 DUTY ON O-BENZYL-P-CHLOROPHENOL.

5 Heading 9902.29.09 of the Harmonized Tariff

6 Schedule of the United States is amended by striking

7 ‘‘12/31/90’’ and inserting ‘‘12/31/94’’.
2

•HR 2302 IH

1 SEC. 2. APPLICABILITY.

2 (a) IN GENERAL.—The amendment made by section

3 1 shall take effect on the 15th day after the date of the

4 enactment of this Act.

5 (b) RETROACTIVE PROVISION.—Notwithstanding sec6 tion 514 of the Tariff Act of 1930 or any other provision

7 of law to the contrary, upon a request filed with the appro8 priate customs officer before the 90th day after the date

9 of the enactment of this Act, any entry or withdrawal from

10 warehouse for consumption of goods to which the amend11 ment made by section 1 applies and that was made—

12 (1) after December 31, 1990; and

13 (2) before the 15th day after the date of the en14 actment of this Act;

15 and with respect to which there would have been no duty

16 or a lower duty if the amendment made by section 1 had

17 applied to such entry or withdrawal, shall be liquidated

18 or reliquidated as though such entry or withdrawal had

19 occurred on such 15th day.

Æ
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 Great China International Holdings, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jiang Peng, Chairman of the Board (Principal Executive Officer) of the Company, certify, to the best of my knowledge, 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.








Date: May 16, 2011                                                                               By: /s/ Jiang Peng


Jiang Peng, Chairman of the Board


(Principal Executive Officer)








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 Great China International Holdings, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Sun Dongqing, Chief Financial Officer of the Company, certify, to the best of my knowledge, 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.











Date: May 16, 2011                                                                             By: /s/ Sun Dongqing


Sun Dongqing, Chief Financial Officer


(Principal Financial and Accounting Officer)








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





The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
EXHIBIT 99.1


                        ANNUAL SERVICER'S CERTIFICATE
                          CSX TRANSPORTATION, INC.

----------------------------------------------------------------------------
                     CSX TRADE RECEIVABLES MASTER TRUST
----------------------------------------------------------------------------

          The undersigned, a duly authorized representative of CSX
Transportation, Inc., as Servicer ("CSXT"), pursuant to the Pooling and
Servicing Agreement dated as of December 18, 1992 (as amended and
supplemented, the "Agreement") among CSX Trade Receivables Corporation, as
Seller, CSX Transportation, Inc., as Servicer, and Chemical Bank, as
Trustee, does hereby certify that:

              1.   CSXT is, as of the date hereof, the Servicer under the
              Agreement.  Capitalized terms used in this Certificate have
              their respective meanings as set forth in the Agreement.

              2.   The undersigned is a Servicer Officer who is duly
              authorized pursuant to the Agreement to execute and deliver
              this Certificate to the Trustee.

              3.   A review of the activities of the Servicer during the
              calendar year ended December 31, 1996, and of its performance
              under the Agreement was conducted under my supervision.

              4.   Based on such review, the Servicer has, to the best of
              my knowledge, performed in all material respects its
              obligations under the Agreement throughout such year, and no
              default in the performance of such obligations has occurred
              or is continuing except as set forth in paragraph 5 below.

              5.   The following is a description of each default in the
              performance of the Servicer's obligations under the
              provisions of the  Agreement known to me to have been made by
              the Servicer during the year ended December 31, 1996, which
              sets forth in detail (i) the nature of such default, (ii) the
              action taken by the Servicer, if any, to remedy each such
              default and (iii) the current status of each such default:
              None.

              In WHITNESS WHEREOF, the undersigned has duly executed this
              certificate this 21st day of March, 1997.

                                   CSX TRANSPORTATION, INC.,
                                   Servicer


                                   By:  /s/  JOHN C. ECCLESTON
                                        -----------------------
                                        John C. Eccleston
                                        Assistant Treasurer
* Pursuant to 5 TH CIR
. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50897 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee
v. CARLOS ANGEL GUZMAN-MARTINEZ Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-338-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Carlos Angel GuzmanMartinez raises arguments that are foreclosed by Almendarez-Torresv. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2 ) is a penalty provision and not a separate criminal offense. U nited States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. United States Court of Appeals Fifth Circuit 

### F I L E D December 12, 2007 Charles R. Fulbruge III Clerk
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<CIK> 0000829114
<NAME> PRUCO LIFE OF N.J. VARIABLE CONTRACT REAL PROPERTY ACCOUNT

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               9,407,537
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   9,407,537
<TOTAL-LIABILITY-AND-EQUITY>                 9,407,537
<SALES>                                              0
<TOTAL-REVENUES>                               413,742
<CGS>                                                0
<TOTAL-COSTS>                                   26,800
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                120,487
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            120,487
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   120,487
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Notices]
[Page 11179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4359]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Aquatic Nuisance Species Task Force Mitten Crab Control Committee 
Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: This notice announces a meeting of the Aquatic Nuisance 
Species (ANS) Task Force Mitten Crab Control Committee. The meeting 
topics are identified in the SUPPLEMENTARY INFORMATION.

DATES: The Mitten Crab Control Committee will meet from 9 a.m. to 4:30 
p.m., Tuesday, March 6, 2001.

ADDRESSES: The Mitten Crab Control Committee Meeting will be held in 
the Pavilion Room at the Radisson Hotel, 500 Leisure Lane, Sacramento, 
California.

FOR FURTHER INFORMATION CONTACT: Sharon Gross, Executive Secretary, 
Aquatic Nuisance Species Task Force, at 703-358-2308 or by e-mail at 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="71021910031e1f2e2e16031e0202311706025f161e07">[email protected]</a> or Kim Webb, Mitten Crab Control Committee Chair, 
at 209-946-6400.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App. I), this notice announces a 
meeting of the Aquatic Nuisance Specifies Task Force Mitten Crab 
Control Committee. The ANS Task Force was established by the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990.
    Topics to be covered during the Mitten Crab Control Committee 
meeting include: a review of the life history of the mitten crab, a 
description of the California invasion, a review of the draft 
management plan, an update of the current status, and a discussion of 
Committee actions to further develop a comprehensive management plan.
    Minutes of the meeting will be maintained by the Executive 
Secretary, Aquatic Nuisance Species Task Force, Suite 810, 4401 North 
Fairfax Drive, Arlington, Virginia 22203-1622, and will be available 
for public inspection during regular business hours, Monday through 
Friday.

    Dated: February 14, 2001.
Cathleen I. Short,
Co-Chair, Acquatic Nuisance Species Task Force, Assistance Director--
Fisheries and Habitat Restoration.
[FR Doc. 01-4359 Filed 2-21-01; 8:45 am]
BILLING CODE 4310-55-M


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