alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §9512. Civil Reserve Air Fleet contracts: payment rate

(a) Authority.—The Secretary shall determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet program.

(b) Regulations.—The Secretary shall prescribe regulations for purposes of subsection (a). The Secretary may exclude from the applicability of those regulations any airlift services contract made through the use of competitive procedures.

(c) Commitment of Aircraft as a Business Factor.—The Secretary may, in determining the quantity of business to be received under an airlift services contract for which the rate of payment is determined in accordance with subsection (a), use as a factor the relative amount of airlift capability committed by each air carrier to the Civil Reserve Air Fleet.

(d) Inapplicable Provisions of Law.—An airlift services contract for which the rate of payment is determined in accordance with subsection (a) shall not be subject to the provisions of chapter 271 of this title or to the provisions of subsections (a) and (b) of section 1502 of title 41.

(Added Pub. L. 112–81, div. A, title III, §366(a), Dec. 31, 2011, 125 Stat. 1380, §9511a; amended Pub. L. 116–283, div. A, title XVIII, §1831(j)(6), Jan. 1, 2021, 134 Stat. 4217; renumbered §9512 and amended Pub. L. 117–81, div. A, title X, §1083(a)(2)(A), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 9512 was renumbered section 9513 of this title.

#### Amendments

2021—Pub. L. 117–81 renumbered section 9511a of this title as this section and substituted "Secretary" for "Secretary of Defense" in subsecs. (a) and (b).

Subsec. (d). Pub. L. 116–283 substituted "chapter 271" for "section 2306a".

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

#### Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d)(1) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

#### Initial Regulations

Pub. L. 112–81, div. A, title III, §366(c), Dec. 31, 2011, 125 Stat. 1381, provided that: "Regulations shall be prescribed under section 9511a(b) of title 10, United States Code [now 10 U.S.C. 9512(b)], as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011]."
#### § 62.12 Special instructions.

To facilitate the work of the Director, the Assistant Secretary may issue special instructions not inconsistent with the regulations in this part 62.
# C_2006249EN.01001401.xml

| 14.10.2006 | EN | Official Journal of the European Union | C 249/14 |
| --- | --- | --- | --- |

14.10.2006

EN

Official Journal of the European Union

C 249/14

---

Action brought on 16 August 2006 — JAKO-O v OHIM — P.I. Fashion (JAKO-O)

(Case T-220/06)

(2006/C 249/33)

Language in which the application was lodged: English

Parties

Applicant: JAKO-O Möbel und Spielmittel für die junge Familie GmbH (Bad Rodach, Germany) (represented by: E. Bertram, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant

Other party to the proceedings before the Board of Appeal: P.I. Fashion B.V. (Amsterdam, The Netherlands)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annulment of the decision of the Second Board of Appeal of 14 June 2006 (Case R 1178/2005-2) of the Office of Harmonisation in the Internal Market; |
| --- | --- |

—

Annulment of the decision of the Second Board of Appeal of 14 June 2006 (Case R 1178/2005-2) of the Office of Harmonisation in the Internal Market;

| — | rejection of the opposition No B 553695 against CTM application No 2395564; |
| --- | --- |

—

rejection of the opposition No B 553695 against CTM application No 2395564;

| — | order the costs of the proceedings to be borne by the defendant. |
| --- | --- |

—

order the costs of the proceedings to be borne by the defendant.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Community trade mark concerned: The Community word mark ‘JAKO-O’ for goods and services in classes 3, 8, 9, 11, 12, 14, 15, 16, 18, 20, 21, 24, 25, 28, 39 and 41 (soaps, perfumery, essential oils, cosmetics) — application No 2395564.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: P.I. Fashion B.V.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The national figurative mark ‘LAGERFELD JAKO’ for goods and services in Class 3.

Mark or sign cited:

Decision of the Opposition Division: Opposition upheld for the contested goods.

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94.

Pleas in law:

The applicant argues that there is no similarity between the earlier right and the community trademark application either phonetically, visually or conceptually and therefore, no likelihood of confusion in the sense of the above-mentioned article. The likelihood of confusion is further reduced, according to the applicant, by the fame attributed to the element LAGERFELD by the average consumer, which is to be regarded as the dominant element of the mark.

---
§ 41.33 What if there isn't enough money to pay the full grant amount? This section applies if BIE has to reduce payments under § 41.29(c). ( a ) If additional funds have not been appropriated to pay the full amount of grants under this part on or before June 1st of the year, the BIE will notify all grant recipients in writing. The Tribal college or university must submit a written report to the BIE on or before July 1st explaining how much of the grant money remains unspent.
( b ) After receiving the Tribal college's or university's report under paragraph (a) of this section, BIE will: ( 1 ) Reallocate the unspent funds using the formula in § 41.29 in proportion to the amount of assistance to which each grant recipient is entitled but has not received;
( 2 ) Ensure that no Tribal college or university will receive more than the total annual cost of its education programs;
( 3 ) Collect unspent funds as necessary for redistribution to other grantees under this section; and
( 4 ) Make reallocation payments on or before August 1st of the academic year.
#### SEGREST v. GILLETTE

No. 49PA90

Case below: 96 N.C.App. 435

Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 allowed 5 April 1990. Petition by several defendants for discretionary review pursuant to G.S. 7A-31 allowed 5 April 1990.
#### § 26.8 Where do I go to apply for Job Placement and Training assistance?

You may apply for Job Placement and Training assistance at the servicing office nearest to your current residence.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 130 Agreed to House (ATH)]

106th CONGRESS
  1st Session
H. RES. 130

Expressing the support of the House of Representatives for the members 
     of the United States Armed Forces who are engaged in military 
         operations against the Federal Republic of Yugoslavia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1999

Mr. Spence submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
Expressing the support of the House of Representatives for the members 
     of the United States Armed Forces who are engaged in military 
         operations against the Federal Republic of Yugoslavia.

Whereas the President has authorized United States participation in NATO 
        military operations against the Federal Republic of Yugoslavia;
Whereas up to 22,000 members of the Armed Forces are presently involved in 
        operations in and around the Balkans region with the active 
        participation of NATO and other coalition forces; and
Whereas the House of Representatives and the American people have the greatest 
        pride in the members of the Armed Forces and strongly support them: Now, 
        therefore, be it
    Resolved, That the House of Representatives supports the members of 
the United States Armed Forces who are engaged in military operations 
against the Federal Republic of Yugoslavia and recognizes their 
professionalism, dedication, patriotism, and courage.
                                 <all>
```
### §909a. Art. 109a. Mail matter: wrongful taking, opening, etc.

(a) Taking.—Any person subject to this chapter who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.

(b) Opening, Secreting, Destroying, Stealing.—Any person subject to this chapter who wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.

(Added Pub. L. 114–328, div. E, title LX, §5421, Dec. 23, 2016, 130 Stat. 2946.)

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

#### Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
#### Inland Steel Company *v.*Gvozdic.

[No. 12,247.

Filed May 20, 1925.]

From Industrial Board of Indiana.

Proceeding under the Workmen’s Compensation Act by Dragic Gvozdic against the Inland Steel Company. From an award for claimant, the defendant appeals. *Affirmed.*By the court in banc.

*William J. McAleer, Francis J. Dorsey, Gerald A. Gillett*and *Perry R. Chapin,*for appellant.

*William J. Whinery,*for appellee.

Per Curiam.

Judgment affirmed.
EX-31 Rule13a-14(d)/15d-14(d) Certifications.

 

 

I, Anthony Sfarra,certify that:

 

1. I have reviewedthis report on Form 10-K and all reports on Form 10-D required to be filed inrespect of the period covered by this report on Form 10-K of the WFRBSCommercial Mortgage Trust 2012-C6 (the "Exchange Act periodicreports");

 

2. Based on myknowledge, the Exchange Act periodic reports, taken as a whole, do not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on myknowledge, all of the distribution, servicing and other information required tobe provided under Form 10-D for the period covered by this report is includedin the Exchange Act periodic reports;

 

4. Based on myknowledge and the servicer compliance statements required in this report underItem 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicers have fulfilled their obligations under theservicing agreements in all material respects; and

 

5. All of the reportson assessment of compliance with servicing criteria for asset-backed securitiesand their related attestation reports on assessment of compliance withservicing criteria for asset-backed securities required to be included in thisreport in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except asotherwise disclosed in this report. Any material instances of noncompliancedescribed in such reports have been disclosed in this report on Form 10-K.

 

In giving thecertifications above, I have reasonably relied on information provided to me bythe following unaffiliated parties:

 

Rialto CapitalAdvisors, LLC, as Special Servicer, Deutsche Bank Trust Company Americas, asTrustee, Pentalpha Surveillance LLC, as Trust Advisor, CoreLogic CommercialReal Estate Services, Inc., as Servicing Function Participant, National TaxSearch, LLC, as Servicing Function Participant, and Prudential Asset Resources,Inc., as Primary Servicer.

 

 

 

Dated: March18, 2020

 

 

/s/ AnthonySfarra

 

 

President

(seniorofficer in charge of securitization of the depositor)
EXHIBIT 31.2 Certification of CFO Pursuant to
Securities Exchange Act Rules 13a-14 and 15d-14
as Adopted Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002 I, Robert Chmiel, certify that: 1. I have reviewed this quarterly report on Form 10-QSB for the quarter ended June 30, 2006 of Consolidated Energy, Inc.; 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 financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; 4. The small business issuers other certifying officer(s) 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 small business issuer 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 small business issuer, 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 small business issuer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 small business issuers internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and 5. The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent function): 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 small business issuer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 small business issuers internal control over financial reporting. Date:  August 21, 2006 /s/Robert Chmiel Robert Chmiel Interim Chief Financial Officer
Pension Benefit Guaranty Corporation 

75-104 

July 8, 1975 

REFERENCE: 

 [*1] 4021(b)(13) Plans Covered. Professional Service Employer Plans

4021(c)(2)(B) Plans Covered. Definition of Professional Individuals 

OPINION: 

 This is in response to your letter of June 12, 1975 asking confirmation of your understanding that incorporated

animal hospitals, being professional corporations, need not file form PBGC-1. 

A professional service employer is any entity (it need not be a corporation) owned or controlled by professional

individuals, as defined in Section 4021(c) (2) (B), where both the entity and the professional individuals are engaged in

the performance of the same professional service. Licensed veterinarians are "licensed practitioners of the healing acts"

under Section 4021(c) (2) (B). Accordingly, a plan maintained by an employer entity engaged in providing veterinary

services that is owned or controlled by a licensed veterinary or veterinaries is a plan maintained by a professional service

employer. Pursuant to Section 4021(b)(13), such a plan is excluded from Title IV coverage if it does not at any time

subsequent to the enactment of the Employee Retirement Income Security Act of 1974 have more than 25 active

participants. 

Plans which are excluded from coverage [*2] under Title IV do not need to file form PBGC-1. 

I hope this information will prove useful to you. 

Henry Rose 

General Counsel
### SUBCHAPTER VII—TRIAL PROCEDURE

| Sec. | Art. | |
| --- | --- | --- |
| 836. | 36. | President may prescribe rules. |
| 837. | 37. | Command influence. |
| 838. | 38. | Duties of trial counsel and defense counsel. |
| 839. | 39. | Sessions. |
| 840. | 40. | Continuances. |
| 841. | 41. | Challenges. |
| 842. | 42. | Oaths. |
| 843. | 43. | Statute of limitations. |
| 844. | 44. | Former jeopardy. |
| 845. | 45. | Pleas of the accused. |
| 846. | 46. | Opportunity to obtain witnesses and other evidence in trials by court-martial. |
| 847. | 47. | Refusal of person not subject to chapter to appear, testify, or produce evidence. |
| 848. | 48. | Contempt. |
| 849. | 49. | Depositions. |
| 850. | 50. | Admissibility of sworn testimony from records of courts of inquiry. |
| 850a. | 50a. | Defense of lack of mental responsibility. |
| 851. | 51. | Voting and rulings. |
| 852. | 52. | Votes required for conviction, sentencing, and other matters. |
| 853. | 53. | Findings and sentencing. |
| 853a. | 53a. | Plea agreements. |
| 854. | 54. | Record of trial. |

#### **Editorial Notes**

#### Amendments

2021—Pub. L. 116–283, div. A, title X, §1081(a)(20), Jan. 1, 2021, 134 Stat. 3871, added item 837 and struck out former item 837 "837. Art. 37. Command influence".

2019—Pub. L. 116–92, div. A, title V, §532(b), Dec. 20, 2019, 133 Stat. 1361, in item 837 substituted "Art. 37. Command influence" for "37. Unlawfully influencing action of court".

2017—Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, made technical amendment to Pub. L. 114–328, §5541(4). See 2016 Amendment note below.

2016—Pub. L. 114–328, div. E, title LXIII, §5541(4), Dec. 23, 2016, 130 Stat. 2966, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, added item 853a and substituted "Opportunity to obtain witnesses and other evidence in trials by court-martial" for "Opportunity to obtain witnesses and other evidence" in item 846, "Refusal of person not subject to chapter to appear, testify, or produce evidence" for "Refusal to appear or testify" in item 847, "Contempt" for "Contempts" in item 848, "Admissibility of sworn testimony from records of courts of inquiry" for "Admissibility of records of courts of inquiry" in item 850, "Votes required for conviction, sentencing, and other matters" for "Number of votes required" in item 852, and "Findings and sentencing" for "Court to announce action" in item 853.

1986—Pub. L. 99–661, div. A, title VIII, §802(a)(2), Nov. 14, 1986, 100 Stat. 3906, added item 850a.
### §306. Limited appearance

An appearance in a bankruptcy court by a foreign representative in connection with a petition or request under section 303 or 305 of this title does not submit such foreign representative to the jurisdiction of any court in the United States for any other purpose, but the bankruptcy court may condition any order under section 303 or 305 of this title on compliance by such foreign representative with the orders of such bankruptcy court.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2561; Pub. L. 109–8, title VIII, §802(d)(5), Apr. 20, 2005, 119 Stat. 146.)

#### Historical and Revision Notes

#### senate report no. 95–989

Section 306 permits a foreign representative that is seeking dismissal or suspension under section 305 of an ancillary case or that is appearing in connection with a petition under section 303 or 304 to appear without subjecting himself to the jurisdiction of any other court in the United States, including State courts. The protection is necessary to allow the foreign representative to present his case and the case of the foreign estate, without waiving the normal jurisdictional rules of the foreign country. That is, creditors in this country will still have to seek redress against the foreign estate according to the host country's jurisdictional rules. Any other result would permit local creditors to obtain unfair advantage by filing an involuntary case, thus requiring the foreign representative to appear, and then obtaining local jurisdiction over the representative in connection with his appearance in this country. That kind of bankruptcy law would legalize an ambush technique that has frequently been rejected by the common law in other contexts.

However, the bankruptcy court is permitted under section 306 to condition any relief under section 303, 304, or 305 on the compliance by the foreign representative with the orders of the bankruptcy court. The last provision is not carte blanche to the bankruptcy court to require the foreign representative to submit to jurisdiction in other courts contrary to the general policy of the section. It is designed to enable the bankruptcy court to enforce its own orders that are necessary to the appropriate relief granted under section 303, 304, or 305.

#### **Editorial Notes**

#### Amendments

2005—Pub. L. 109–8 struck out ", 304," after "section 303" in two places.

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

#### Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.
EXHIBIT 99


                            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 OptiMark Holdings, Inc.
(the "Company") on Form 10-Q for the period ended September 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Robert J. Warshaw, the Chief Executive Officer and the Principal Financial
and Accounting Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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.



                                     /s/ Robert J. Warshaw
                                     ---------------------------
                                     Robert J. Warshaw
                                     Chief Executive Officer


                                     /s/ Robert J. Warshaw
                                     ---------------------------
                                     Robert J. Warshaw
                                     Principal Financial and Accounting Officer

December 30, 2002
### Part C—Receivership, Conservatorship, and Liquidation of Federal Agricultural Mortgage Corporation