alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32(a)



CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 accompanying Quarterly Report of Overnite Corporation (the Corporation) on Form 10-Q for the period ending September
30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Leo H. Suggs, Chief Executive Officer and President of the Corporation, 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) 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
Corporation.



|    |  |                                      
|--- |  | -------------------------------------
|By: |  | /s/ LEO H. SUGGS                     
|    |  | Chief Executive Officer and President



November 8, 2004
### [§1374. Repealed. Pub. L. 103–337, div. A, title XVI, §1662(k)(2), Oct. 5, 1994, 108 Stat. 3006]

Section, added Pub. L. 85–861, §1(29), Sept. 2, 1958, 72 Stat. 1451; amended Pub. L. 86–559, §1(4), June 30, 1960, 74 Stat. 265; Pub. L. 99–661, div. A, title V, §508(d)(2), Nov. 14, 1986, 100 Stat. 3867, related to reserve commissioned officers' grade on retirement or transfer to Retired Reserve. See sections 12771 to 12773 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
### §9656. Aircraft and equipment: civilian aviation schools

The Secretary of the Air Force, under regulations to be prescribed by him, may lend aircraft, aircraft parts, and aeronautical equipment and accessories that are required for instruction, training, and maintenance, to accredited civilian aviation schools at which personnel of the Department of the Air Force or the Department of the Army are pursuing a course of instruction and training under detail by competent orders.

(Aug. 10, 1956, ch. 1041, 70A Stat. 583; Pub. L. 97–295, §1(53), Oct. 12, 1982, 96 Stat. 1301.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 9656 | 10:298b. | Apr. 3, 1939, ch. 35, §4, 53 Stat. 556. |

The words "in his discretion and", "rules", "limitations", and "on hand and belonging to the Government such articles as may appear to be" are omitted as surplusage. The words "Department of the Air Force or the Department of the Army" are substituted for the words "Military Establishment", since the authority is reciprocal.

#### 1982 Act

In 10:9656, the words ", and at least one of which is designated by the Civil Aeronautics Authority for the training of Negro air pilots" are stricken as obsolete.

#### **Editorial Notes**

#### Amendments

1982—Pub. L. 97–295 struck out ", and at least one of which is designated by the Civil Aeronautics Authority for the training of Negro air pilots" after "competent orders".
## Breadcrumb

-  Home 
-  Employers & Practitioners 
-  Mortality, Retirement and PV Max Guarantee 
-  ERISA Section 4044/4050 Mortality Tables 
-  ERISA Section 4050 Mortality Table (Missing Participants)... 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# ERISA Section 4050 Mortality Table (Missing Participants) for 2009 Valuation Dates

This mortality table is used as part of the "missing participant annuity assumptions" as discussed in 29 CFR 4050. This mortality table is also available in EXCEL.

The rate tables applicable for other years are accessible from the main ERISA Section 4044/4050 Mortality Tables page.

November 29, 2018

##           Related Information      

Subscribe to Interest Rate Updates
#### § 36.78 What are the staffing requirements for homeliving programs offering less than 5 nights service?

For homeliving programs providing less than 5 nights service, the staffing levels from 36.77 apply. To fill this requirement, the program must use only employees who work a minimum of 20 hours per week.
### [§1051c. Repealed. Pub. L. 114–328, div. A, title XII, §1253(a)(1)(B), Dec. 23, 2016, 130 Stat. 2532]

Section, added Pub. L. 112–81, div. A, title IX, §951(a)(1), Dec. 31, 2011, 125 Stat. 1548, related to assignments to improve education and training in information security as part of multilateral, bilateral, or regional cooperation programs.
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

BENJAMIN LIZARDI,

Petitioner,

 v.

ROBERT M. WILKINSON, Acting

Attorney General,

Respondent.

No. 18-72576

Agency No. A205-530-611

ORDER

Before: THOMAS, Chief Judge, and SCHROEDER and BERZON, Circuit

Judges.

The respondent’s motion to stay proceedings is DENIED. The respondent’s

motion for an extension of time to respond to petitioner Lizardi’s motion for

attorney’s fees is GRANTED. The response to the motion for fees is due February

25, 2021.

Lizardi’s motion for attorney’s fees under the Equal Access to Justice Act

(EAJA), 28 U.S.C. § 2412(d)(1)(B), is not premature. Although judgment is not

yet final in this case until the time to seek certiorari expires, Zheng v. Ashcroft, 383

F.3d 919, 920 (9th Cir. 2004), Lizardi’s motion is nonetheless timely because he

has already “prevailed,” Auke Bay Concerned Citizen's Advisory Council v. Marsh,

FILED

FEB 9 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
779 F.2d 1391, 1393 (9th Cir. 1986). The EAJA grants parties a 120-day clock to

file for attorney’s fees after the filing of a disposition, not a 30-day clock beginning

after the certiorari deadline passes. See Zheng, 383 F.3d at 920–21; Li v. Keisler,

505 F.3d 913, 917 (9th Cir. 2007).

To receive an extension of time to respond to an attorney’s fees motion

based on the deadline for seeking certiorari, the government should indicate that it

is actually contemplating filing a petition for a writ of certiorari. As there is no

such indication here, we grant a more limited extension.

2
IV

House Calendar No. 285

106TH CONGRESS

2D SESSION H. RES. 594

[Report No. 106–901]

Providing for consideration of the Senate amendment to the bill (H.R. 4365)

to amend the Public Health Service Act with respect to children’s health.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 26, 2000

Ms. PRYCE of Ohio, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be

printed

RESOLUTION

Providing for consideration of the Senate amendment to the

bill (H.R. 4365) to amend the Public Health Service

Act with respect to children’s health.

1 Resolved, That upon adoption of this resolution it

2 shall be in order to take from the Speaker’s table the bill

3 (H.R. 4365) to amend the Public Health Service Act with

4 respect to children’s health, with Senate amendment

5 thereto, and to consider in the House, without intervention

6 of any point of order, a motion offered by the chairman

7 of the Committee on Commerce or his designee that the
2

HRES 594 RH

1 House concur in the Senate amendment. The Senate

2 amendment and the motion shall be considered as read.

3 The motion shall be debatable for one hour equally divided

4 and controlled by the chairman and ranking minority

5 member of the Committee on Commerce. The previous

6 question shall be considered as ordered on the motion to

7 final adoption without intervening motion.

House Calendar No. 285

106TH CONGRESS

2D SESSION H. RES. 594

[Report No. 106–901]

RESOLUTION

Providing for consideration of the Senate amendment to the bill (H.R. 4365) to amend the Public

Health Service Act with respect to children’shealth.

SEPTEMBER 26, 2000

Referred to the House Calendar and ordered to be

printed
exv10w1





Exhibit 10.1






May 20, 2008




Matthew E. Rubel

Collective Brands, Inc.

3231 SE Sixth Avenue

Topeka, Kansas 66607




Dear Matt,



As you know, the Board is evaluating the possibility of combining the role of Chairman and Chief
Executive Officer. I write to confirm your agreement with the Company concerning the applicability
of such a combination and its aftermath to the provisions of your May 20, 2005 Employment Agreement
with the Company, as amended (the “Agreement”). By your signature below, you agree that if the
Board of Directors does determine to designate you as, and add to your Company title the title of,
Chairman of the Board of the Company for a period of time, your later removal from the position of
Chairman of the Board (and the subsequent alteration of your title to reflect such removal) would
not constitute “good reason” for purposes of the Agreement, including in particular Section 5(c)(1)
thereof, solely in the event if such removal were determined by the Board, on the written advice of
outside counsel, to be legally necessary to comply with a change after the date hereof in a legal,
regulatory or stock exchange listing requirement[s], and you hereby waive, pursuant to Section
13(g) of the Agreement, any right to claim “good reason” solely as a result of such removal action
by the Board.



Please sign below to acknowledge your understanding and agreement to the foregoing.




	 	 	 
	Regards,
	 	 
	 
	 	 
	/s/ Mylle Mangum
 

Mylle Mangum

	 	 
	Chairman
	 	 
	Compensation, Nominating & Governance
	 	 
	 
	 	 
	Agreed:
	 	 
	 
	 	 
	/s/ Mathew E. Rubel
 

Matthew E. Rubel

	 	 
	Date: May 22, 2008
	 	 






Collective Brands, Inc. 3231 S.E. 6th Avenue, Topeka, KS 66607-2207
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Vortek Aviation LLC and Wayne Schmitz v. Zach

Krachinski, et al.

Appellate case number: 01

- 1 8

- 00 165

- CV

Trial court case number: 20 1 7

- 58042

Trial court: 165 th District Court of Harris County

On March 2 , 201 8 , appellant s

, Vortek Aviation LLC and Wayne Schmitz

, through

counsel, timely filed a notice of appeal from the default final judgment , signed on

December 7 , 201 7 , after timely moving for a new trial. See T EX

. R. A PP

. P. 26.1(a) (1)

. On March 19, 2018, appellant’s counsel paid for the filing fee and filed a docketing

statement in which he stated that there was no reporter’s record. Alt hough the clerk’s

record was filed on April 2 , 201 8

, the court reporter filed an info sheet on April 3, 2018,

stating that there was a reporter’s record taken, but that it had not been filed due to lack

of request and payment by appellant.

O n A pril 9 , 201 8 , the Clerk of this Court notified Thomas J. Kerr , counsel for

appellant s , that if he failed to provide evidence of request and payment for the reporter’s

record by May 9 , 201 8 , this Court may set the briefing schedule without the reporter’s

record. See T EX

. R. A PP

. P. 37.3(c). Neither a timely response nor the reporter’s record

has been filed in this Court.

Accordingly, this Court will consider and decide this appeal on those issues or

points that do not require a reporter’s record for a decision. See T EX

. R. A P P

. P.

37.3(c)(1), (2). Appell a nt’ s br i ef is ORDERED to be filed no later than 3 0 da y s

from the date of th i s orde r

. See id. 38.6(a). Appellee’s brief, if any, is ORDERED to

be filed no later than 30 days from the filing of appellant’s brief. See id. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

 Acting for the Court

Date: M a y 1 5 , 2018
§ 170.101 What is the TTP consultation and coordination policy? ( a ) The TTP's government-to-government consultation and coordination policy is to foster and improve communication, cooperation, and coordination among Tribal, Federal, State, and local governments and other transportation organizations when undertaking the following, similar, or related activities: ( 1 ) Identifying data-driven safety needs for improving both vehicle and pedestrian safety;
( 2 ) Developing State, metropolitan, regional, TTP, and TTIPs that impact Tribal lands, communities, and members;
( 3 ) Developing short and long-range transportation plans;
( 4 ) Developing TTP transportation projects;
( 5 ) Developing environmental mitigation measures necessary to protect and/or enhance Tribal lands and the environment, and counteract the impacts of the projects;
( 6 ) Developing plans or projects to carry out the Tribal Transportation Facility Bridge Program identified in 23 U.S.C. 202(d);
( 7 ) Developing plans or projects for disaster and emergency relief response and the repair of eligible damaged TTP transportation facilities;
( 8 ) Assisting in the development of State and Tribal agreements related to the TTP;
( 9 ) Developing and improving transit systems serving Tribal lands and communities;
( 10 ) Assisting in the submission of discretionary grant applications for State and Federal funding for TTP transportation facilities; and
( 11 ) Developing plans and projects for the safety funding identified in 23 U.S.C. 202(e).
( b ) Tribal, State and Federal Government agencies may enter into intergovernmental Memoranda of Agreement to streamline and facilitate consultation, collaboration, and coordination.
( c ) DOI and DOT operate within a government-to-government relationship with Tribes. As a critical element of this relationship, these agencies assess the impact of Federal transportation policies, plans, projects, and programs on Tribal rights and interests to ensure that these rights and concerns are appropriately considered.
### §9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate

(a) Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.

(b) Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

(c) Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.

(Added Pub. L. 117–81, div. A, title V, §553(c)(1), Dec. 27, 2021, 135 Stat. 1737.)
INSPIRE 1

1345 Propeller Locks Quick Start Guide
The Inspire 1 Propeller Lock is designed to secure the 

1345 propellers in place during flight. 

Installation:

1. Tighten the propellers on the motor by hand, and 

ensure they are securely mounted before installing 

the propeller locks. 

2. Align the tips of propeller lock with the ventilation 

holes on the motor and slide the propeller lock onto 

the nut of propeller. Press the propeller lock against 

the motor firmly to ensure it is installed securely.

1

2
Removal:

Press the tips of the propeller locks to release the lock. 

After removing, store the propeller locks in a proper 

place for future use. 

3. Installation complete. Examine to ensure the propeller 

lock is tight on the motor.

Ensure the propeller locks are securely installed 

before each flight. 

© 2015 DJI. All Rights Reserved.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41570

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALEJANDRO MORALES-FLORES,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:14-CR-1694-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Alejandro MoralesFlores has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Morales-Flores has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* Pursuant to 5TH 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2016

Lyle W. Cayce

Clerk

 Case: 15-41570 Document: 00513721903 Page: 1 Date Filed: 10/18/2016
No. 15-41570

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-41570 Document: 00513721903 Page: 2 Date Filed: 10/18/2016
§ 67.14 Preparation of a per capita payment roll. ( a ) The Superintendent shall, based on the roll approved under § 67.12(c), prepare a per capita payment roll. The payment roll shall be comprised of those persons whose names appear on the approved roll and who have elected to share in the per capita payment.
( b ) The per capita payment roll shall contain for each person a roll number or identification number, name, and address.
( c ) The Area Director shall authorize the distribution of the judgment funds to those persons named on the per capita payment roll.
# C_2006212EN.01002601.xml

| 2.9.2006 | EN | Official Journal of the European Union | C 212/26 |
| --- | --- | --- | --- |

2.9.2006

EN

Official Journal of the European Union

C 212/26

---

Action brought on 20 July 2006 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-318/06)

(2006/C 212/44)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: J. Enegren and G. Rozet, acting as Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg

Defendant:

Form of order sought

| — | Declare that, by not adopting, and, in any event by not notifying to the Commission, the laws, regulations and administrative provisions necessary to comply with Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

—

Declare that, by not adopting, and, in any event by not notifying to the Commission, the laws, regulations and administrative provisions necessary to comply with Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

1

| — | Order the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

—

Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2001/86/EC into domestic law expired on 8 October 2004.

---

(1)  OJ L 294, p. 22.

1

---
Exhibit 10.5


 


Power
& Digital Infrastructure Acquisition II Corp. 

321 North Clark Street, Suite 2440


Chicago, IL 60654

[●], 2021


 


XPDI Sponsor II LLC

321 North Clark Street, Suite 2440


Chicago, IL 60654


 


Ladies and Gentlemen:


 


This letter will confirm our agreement that, commencing
on the effective date (the “Effective Date”) of the registration statement (the “Registration Statement”)
for the initial public offering (the “IPO”) of the securities of Power & Digital Infrastructure Acquisition II
Corp. (the “Company”) and continuing until the earlier of (i) the completion by the Company of an initial business
combination or (ii) the Company’s liquidation (in each case as described in the Registration Statement) (such earlier date hereinafter
referred to as the “Termination Date”), XPDI Sponsor II LLC (the “Sponsor”) shall take steps directly
or indirectly to make available to the Company certain office space, secretarial and administrative services (including without limitation
certain financial modeling and related services) as may be required by the Company from time to time, situated at 321 North Clark Street,
Suite 2440, Chicago, IL 60654 (or any successor location). In exchange therefor, the Company shall pay an affiliate of the Sponsor a sum
of $20,000 per month on the Effective Date and continuing monthly thereafter until the Termination Date. The Sponsor hereby agrees that
it does not have any right, title, interest or claim of any kind in or to any monies that may be set aside in a trust account (the “Trust
Account”) that may be established upon the consummation of the IPO (the “Claim”) and hereby waives any Claim
it may have in the future as a result of, or arising out of, any negotiations, contracts or agreements with the Company and will not seek
recourse against the Trust Account for any reason whatsoever.


 


[Signature Page Follows]


 




     


     


    

 


	 	Very truly yours,
	 	 	 
	 	POWER & DIGITAL INFRASTRUCTURE ACQUISITION II CORP.
	 	 	 
	 	By:	 
	 	Name:	 John P. McGarrity
	 	Title: 	General Counsel and Secretary



 


[Signature Page to Administrative
Services Agreement]
 




     


     


    




 


	AGREED TO AND ACCEPTED BY:	 
	 	 	 
	XPDI SPONSOR
    II LLC	 
	 	 	 
	By:	 	 
	Name:	Patrick C. Eilers
	Title:	Member



 


[Signature Page to Administrative Services Agreement]
#### § 39.705 Are schools eligible for transportation funds to transport special education students?

Yes. A school that transports a special education student from home to a treatment center and back to home on a daily basis as required by the student's Individual Education Plan may count those miles for day student funding.