alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AMENDMENT NO. 3 TO
SUPPLY AGREEMENT


      
	 
	

(Adams Granite
Co., Inc.)




      
	 
	



This Amendment No. 3 to Supply
Agreement is made this 11th day of June 2008, by and among ROCK OF AGES
CORPORATION, a Delaware corporation with its principal office located at 560 Graniteville Road, Graniteville, Vermont  05654 ("ROCK"); and ADAMS GRANITE CO., INC. a Vermont corporation ("Adams").






      
	 
	





RECITALS:






      
	 
	
      WHEREAS, ROCK and Adams entered
into a Supply Agreement dated January 11, 2002, as amended on January 1, 2004, and January 16, 2007 ("Supply Agreement");
	 
	
      WHEREAS, ROCK did not meet the
Minimum Order for 2007, and it is anticipated that ROCK will not meet the
Minimum Order for the remaining term of the Supply Agreement; and
	 
	
      WHEREAS, Adams has agreed to waive ROCK's failure to meet the Minimum Order for 2007, and ROCK's anticipated
failure to meet the Minimum Order for the remaining term of the Supply
Agreement, and has agreed to new terms and conditions as set forth below, and
accordingly the parties desire to amend the Supply Agreement.
	 
	
      NOW THEREFORE, for good and
valuable consideration, the receipt and sufficiency of which are herein and
hereby acknowledged, the parties agree as follows:
	 
		1. 
	Adams
      hereby waives ROCK's failure to meet the Minimum Order required under Section 3 of the Supply
Agreement for the contract year commencing January 1, 2007 and ending December
31, 2007; and further waives ROCK's anticipated failure to meet the Minimum
Order for the remaining term of the Supply Agreement commencing January 1, 2008
and ending January 10, 2009 (the "2008 Contract Year").  ROCK and
Adams each agree to extend the term of the Supply Agreement to include the
period from January 11, 2009 to January 10, 2010 (the "Extended
Term"), and the Minimum Order for the Extended Term shall be equal to
$1,200,000, plus the amount (if any) by which ROCK's orders for  the 2008
Contract Year were below $1,150,000.  ROCK's fulfillment of the Minimum Order
for the Extended Term shall cover and fully satisfy any shortfall(s) from the
Minimum Order for any period(s) covered by the Supply Agreement, and shall be
in full satisfaction of Adam's remedies under Section 4 of the Supply Agreement
for any of ROCK's past failures to meet the Minimum Order.
	 
	 	2.	
      Except as amended by this Amendment No. 3, ROCK and Adams hereby agree and
      acknowledge that the remainder of the Supply Agreement shall be unchanged
      and shall remain in full force and effect.
	  



  















  


  
  	





IN WITNESS WHEREOF, the parties
hereto have executed this agreement all as of the date first above written.




      
	 
	 
	WITNESS                                                                           	



ROCK
OF AGES CORPORATION








      
	 	 
	_______________________________	By: /s/ Donald M. Labonte                    
      
	 	Donald
M. Labonte, President
	 	 
	 	 
	_______________________________	





ADAMS GRANITE COMPANY., INC.








      
	 	 
	 	By: /s/ Kerry F. Zorzi                                   
      
	 	
Kerry F. Zorzi, President
### §3001. Congressional statement of findings and purpose

The economic and financial structure of this country in combination with the Nation's natural resources and the productivity of the American people has produced one of the highest average standards of living in the world. However, the Nation has been experiencing inflation and unemployment together with an increasing gap between producers' prices and consumers' purchasing power. This has resulted in a growing number of our citizens, especially the elderly, the poor, and the inner city resident, being unable to share in the fruits of our Nation's highly efficient economic system. The Congress finds that user-owned cooperatives are a proven method for broadening ownership and control of the economic organizations, increasing the number of market participants, narrowing price spreads, raising the quality of goods and services available to their membership, and building bridges between producers and consumers, and their members and patrons. The Congress also finds that consumer and other types of self-help cooperatives have been hampered in their formation and growth by lack of access to adequate cooperative credit facilities and lack of technical assistance. Therefore, the Congress finds a need for the establishment of a National Consumer Cooperative Bank which will make available necessary financial and technical assistance to cooperative self-help endeavors as a means of strengthening the Nation's economy.

(Pub. L. 95–351, §2, Aug. 20, 1978, 92 Stat. 499.)

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

#### Short Title of 1989 Amendment

Pub. L. 101–206, §1, Dec. 7, 1989, 103 Stat. 1832, provided that: "This Act [amending section 3014 of this title] may be cited as the 'National Consumer Cooperative Bank Amendments of 1989'."

#### Short Title of 1981 Amendment

Pub. L. 97–35, title III, §390, Aug. 13, 1981, 95 Stat. 433, provided that: "This subtitle [subtitle C (§§390–396) of title III of Pub. L. 97–35, enacting sections 3017a, 3026, and 3051 of this title; amending sections 3011 to 3015, 3017, 3018, 3019, 3024, 3025, 3042, and 3043 of this title, section 5315 of Title 5, Government Organization and Employees, and sections 856, 867, and 868 of former Title 31, Money and Finance; and enacting provisions set out as notes under sections 3011 to 3015, 3017, 3017a, 3019, 3025, and 3026 of this title] may be cited as the 'National Consumer Cooperative Bank Act Amendments of 1981'."

#### Short Title

Pub. L. 95–351, §1, Aug. 20, 1978, 92 Stat. 499, provided: "That this Act [enacting this chapter and amending section 5315 of Title 5, Government Organization and Employees, and sections 856, 867, and 868 of former Title 31, Money and Finance] may be cited as the 'National Consumer Cooperative Bank Act'."
November 15, 2011

JUDGMENT

The Fourteenth Court of Appeals

ALBERT ORTIZ, Appellant

NO. 14-11-00805-CV V.

THE JUNELL LAW FIRM, SANDERS & JUNELL, P.C., MARK JUNELL, 

INDIVIDUALLY, AND BERGMAN ADR GROUP, Appellee

____________________

Today the Court heard its own motion to dismiss the appeal from the order signed 

by the court below on July 27, 2011. Having considered the motion and found it 

meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

ALBERT ORTIZ.

We further order this decision certified below for observance.
#### § 111.11 Written questions under order (52 U.S.C. 30107(a)(1)).

The Commission may authorize its Chairman or Vice Chairman to issue an order requiring any person to submit sworn written answers to written questions and may specify a date by which such answers must be submitted.
### §8547. Students at institutions of higher education: admission

(a) Admission Pursuant to Reciprocal Agreement.—The Secretary of the Navy may enter into an agreement with an accredited institution of higher education to permit a student described in subsection (b) enrolled at that institution to receive instruction at the Naval Postgraduate School on a tuition-free basis. In exchange for the admission of the student, the institution of higher education shall be required to permit an officer of the armed forces to attend on a tuition-free basis courses offered by that institution corresponding in length to the instruction provided to the student at the Naval Postgraduate School.

(b) Eligible Students.—A student enrolled at an institution of higher education that is party to an agreement under subsection (a) may be admitted to the Naval Postgraduate School pursuant to that agreement if—

(1) the student is a citizen of the United States or lawfully admitted for permanent residence in the United States; and

(2) the Secretary of the Navy determines that the student has a demonstrated ability in a field of study designated by the Secretary as related to naval warfare and national security.

(Added Pub. L. 102–484, div. A, title X, §1073(a)(2), Oct. 23, 1992, 106 Stat. 2510, §7047; renumbered §8547, Pub. L. 115–232, div. A, title VIII, §807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 8547 was renumbered section 9217 of this title.

#### Amendments

2018—Pub. L. 115–232 renumbered section 7047 of this title as this section.

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

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
SUPREME COURT

OF NEVADA (0) 1947A Having considered the petition, answer, reply, and appendices,

we conclude that petitioner has not demonstrated that our intervention by way of extraordinary relief is warranted. Id.; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we

ORDER the petition DENIED.

02e-tt.. \ Hardesty
J. Parraguirre

cc: Hon. Gloria Sturman, District Judge Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Prince & Keating, LLP Eighth District Court Clerk

2

MEKEEMERE=3211211111EMBEI
§ 3.106 Water quality. ( a ) *General.* The primary enclosure shall not contain water which would be detrimental to the health of the marine mammal contained therein.
( b ) *Bacterial standards.* ( 1 ) The coliform bacteria count of the primary enclosure pool shall not exceed 1,000 MPN (most probable number) per 100 ml. of water. Should a coliform bacterial count exceed 1,000 MPN, two subsequent samples may be taken at 48-hour intervals and averaged with the first sample. If such average count does not fall below 1,000 MPN, then the water in the pool shall be deemed unsatisfactory, and the condition must be corrected immediately.
( 2 ) When the water is chemically treated, the chemicals shall be added so as not to cause harm or discomfort to the marine mammals.
( 3 ) Water samples shall be taken and tested at least weekly for coliform count and at least daily for pH and any chemical additives (e.g. chlorine and copper) that are added to the water to maintain water quality standards. Facilities using natural seawater shall be exempt from pH and chemical testing unless chemicals are added to maintain water quality. However, they are required to test for coliforms. Records must be kept documenting the time when all such samples were taken and the results of the sampling. Records of all such test results shall be maintained by management for a 1-year period and must be made available for inspection purposes on request.
( c ) *Salinity.* Primary enclosure pools of water shall be salinized for marine cetaceans as well as for those other marine mammals which require salinized water for their good health and well-being. The salinity of the water in such pools shall be maintained within a range of 15-36 parts per thousand.
( d ) *Filtration and water flow.* Water quality must be maintained by filtration, chemical treatment, or other means so as to comply with the water quality standards specified in this section.
§ 3.108 Employees or attendants. ( a ) A sufficient number of adequately trained employees or attendants, responsible to management and working in concert with the attending veterinarian, must be utilized to maintain the prescribed level of husbandry practices set forth in this subpart. Such practices must be conducted under the supervision of a marine mammal caretaker who has demonstrable experience in marine mammal husbandry and care.
( b ) The facility will provide and document participation in and successful completion of a facility training course for such employees. This training course will include, but is not limited to, species appropriate husbandry techniques, animal handling techniques, and information on proper reporting protocols, such as recordkeeping and notification of veterinary staff for medical concerns.
( c ) Any training of marine mammals must be done by or under the direct supervision of experienced trainers.
( d ) Trainers and handlers must meet professionally recognized standards for experience and training.
[66 FR 253, Jan. 3, 2001]
### §5251. Information for congressional support agencies

Upon request, and to the extent otherwise consistent with law, all information used by the Secretary in connection with activities authorized under this chapter (including the records to which the Comptroller General is entitled under this chapter) shall be made available to congressional support agencies (in accordance with their obligations to support the Congress as set out in their authorizing statutes) for the purposes of assisting the committees of Congress with conducting oversight, monitoring, and analysis of the activities authorized under this chapter.

(Pub. L. 110–343, div. A, title II, §201, Oct. 3, 2008, 122 Stat. 3800.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act" and was translated as reading "this division", meaning div. A of Pub. L. 110–343, Oct. 3, 2008, 122 Stat. 3765, known as the Emergency Economic Stabilization Act of 2008, to reflect the probable intent of Congress. For complete classification of division A to the Code, see Short Title note set out under section 5201 of this title and Tables.
#### Sarah Neary, as Administratrix, etc., of Michael Neary, Deceased, Appellant, v. The Citizens’ Railroad, Light and Power Company, Respondent.

Order affirmed, with costs. No opinion. Hooker, Gaynor,' Rich and Miller, JJ., concurred; Hirschberg, P. J., not voting.
**EXHIBIT
        32.2**
 
 **CERTIFICATION
        OF PRINCIPAL FINANCIAL OFFICER**
 **PURSUANT
        TO**
 **18
        U.S.C. SECTION 1350,**
 **AS
        ADOPTED PURSUANT TO**
 **SECTION
        906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 I,
        Philip
        A. Baratelli, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
        to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report
        of
        Clarus Corporation on Form 10-K for the year ended December 31, 2006 fully
        complies with the requirements of Section 13(a) or 15(d) of the Securities
        Exchange Act of 1934 and that information contained in such Annual Report
        on
        Form 10-K fairly presents in all material respects the financial condition
        and
        results of operations of Clarus Corporation.
 
 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:
                  March 14, 2007*
                *By:*
                /s/ *Philip
                  A. Baratelli**Philip
                  A. BaratelliChief Financial
                  Officer*
   54
# C_2007129EN.01000301.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 129/3 |
| --- | --- | --- | --- |

9.6.2007

EN

Official Journal of the European Union

C 129/3

---

Appeal brought on 21 February 2007 by Angel Angelidis against the judgment delivered by the Court of First Instance (Fifth Chamber) on 5 December 2006 in Case T-416/03 Angelidis v European Parliament

(Case C-103/07 P)

(2007/C 129/04)

Language of the case: French

Parties

Appellant: Angel Angelidis (represented by: E. Boigelot, lawyer)

Appellant:

Other party to the proceedings: European Parliament

Other party to the proceedings:

Form of order sought

| — | declare the appeal admissible and well founded and, accordingly, |
| --- | --- |

—

declare the appeal admissible and well founded and, accordingly,

| — | set aside the judgment of the Court of First Instance of the European Communities of 5 December 2006 in Case T-416/03 Angelidis v Parliament; |
| --- | --- |

—

set aside the judgment of the Court of First Instance of the European Communities of 5 December 2006 in Case T-416/03 Angelidis v Parliament;

Angelidis

Parliament

| — | annul the staff report for 2001; |
| --- | --- |

—

annul the staff report for 2001;

| — | award damages and interest for non material harm and harm to the his career, both on account of substantial irregularities and substantial delay in the writing of the staff report 2001 in a particularly distressing period for the appellant, |
| --- | --- |

—

award damages and interest for non material harm and harm to the his career, both on account of substantial irregularities and substantial delay in the writing of the staff report 2001 in a particularly distressing period for the appellant,

| — | order the defendant to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance. |
| --- | --- |

—

order the defendant to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance.

Pleas in law and main arguments

By his appeal, the appellant criticises the Court of First Instance for having committed a number of errors of law in the interpretation of Articles 26 and 43 of the Staff Regulations of Officials of the European Communities and the general provisions implementing those articles. More specifically, those errors concerned the broad interpretation by the Court of the limited situations in which an exception may be made to the rule that the staff report must be drafted and countersigned by two different members of hierarchy of the official under appraisal, and the interpretation by the Court that there is no need to consult the official's previous immediate hierarchical superior. As regards those two issues, the contested judgment suffers from numerous defects in the reasoning of the Court, which also misinterpreted the scope of several documents submitted to it by the appellant.

---
§ 9007.7 Administrative record. ( a ) The Commission's administrative record for final determinations under 11 CFR 9004.9 and 9005.1, and for repayment determinations under 11 CFR 9007.2, consists of all documents, records, and materials submitted to the Commission for its consideration in making those determinations. The administrative record will include the certification of the Commission's vote(s), the audit report that is sent to the committee (for repayment determinations), the statement(s) of reasons, and the candidate agreement. The committee may include documents, records, or materials in the administrative record by submitting them within the time periods set forth at 11 CFR 9004.9(f)(2)(ii), 9005.1(b)(2), 9005.1(c)(4), 9007.1(c) and 9007.2(c)(2), as appropriate.
( b ) The Commission's administrative record for determinations under 11 CFR 9004.9, 9005.1 and 9007.2 does not include: ( 1 ) Documents and materials in the files of individual Commissioners or employees of the Commission that do not constitute a basis for the Commission's decisions because they were not circulated to the Commission and were not referenced in documents that were circulated to the Commission;
( 2 ) Transcripts or audio recordings of Commission discussions other than transcripts or audio recordings of oral hearings pursuant to 11 CFR 9007.2(c)(2), although such transcripts or recordings may be made available under 11 CFR parts 4 or 5; or
( 3 ) Documents properly subject to privileges such as an attorney-client privilege, or items constituting attorney work product.
( c ) The administrative record identified in paragraph (a) of this section is the exclusive record for the Commission's determinations under 11 CFR 9004.9, 9005.1 and 9007.2
[60 FR 31880, June 16, 1995, as amended at 89 FR 220, Jan. 2, 2024]
### §462. Omitted

#### **Editorial Notes**

#### Codification

Section, acts Dec. 23, 1913, ch. 6, §19 (par.), 38 Stat. 270; Aug. 15, 1914, ch. 252, 38 Stat. 691; June 21, 1917, ch. 32, §10, 40 Stat. 239; Sept. 26, 1918, ch. 177, §4, 40 Stat. 970; July 28, 1959, Pub. L. 86–114, §§1, 2(a), 3(b)(7)–(9), 73 Stat. 863, which related to balances member banks were required to keep in reserve banks, was omitted from the Code in view of the striking out of second through fifth pars. of section 19 of act Dec. 23, 1913 (formerly comprising this section), and incorporation of provisions of such paragraphs in subsecs. (a) to (c) of section 19 of act Dec. 23, 1913 by section 2(a) of Pub. L. 89–597, Sept. 21, 1966, 80 Stat. 823. See section 461 of this title.
II

Calendar No. 207

106TH CONGRESS

1ST SESSION S. 1248

[Report No. 106–107]

To correct errors in the authorizations of certain programs administered

by the National Highway Traffic Administration.

IN THE SENATE OF THE UNITED STATES

JUNE 21, 1999

Mr. LOTT (for Mr. MCCAIN) (for himself and Mr. HOLLINGS) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

JULY 14, 1999

Reported by Mr. MCCAIN, without amendment

A BILL

To correct errors in the authorizations of certain programs

administered by the National Highway Traffic Administration.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1248 RS

1 SECTION 1. AMENDMENTS TO TITLE 49, UNITED STATES

2 CODE.

3 (a) MOTOR VEHICLE SAFETY.—Section 30104 of

4 title 49, United States Code, is amended by striking

5 ‘‘$81,200,000’’ and inserting ‘‘$98,313,500’’.

6 (b) MOTOR VEHICLE INFORMATION.—Section 32102

7 of title 49, United States Code, is amended by striking

8 ‘‘$6,200,000’’ and inserting ‘‘$9,562,500’’.

Calendar No. 207

106TH CONGRESS

1ST SESSION S. 1248

[Report No. 106–107]

A BILL

To correct errors in the authorizations of certain

Traffic Administration.programs administered by the National Highway

JULY 14, 1999

Reported without amendment
# C_2007117EN.01003102.xml

| 26.5.2007 | EN | Official Journal of the European Union | C 117/31 |
| --- | --- | --- | --- |

26.5.2007

EN

Official Journal of the European Union

C 117/31

---

Action brought on 22 March 2007 — Italy v Commission

(Case T-93/07)

(2007/C 117/49)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, Avvocato dello Stato)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

The applicant claims that the Court should:

| — | annul Memorandum No 175 of 11.1.2007 of the European Commission, Directorate General for Regional Policy — Programmes and projects in Cyprus, Greece, Hungary, Italy, Malta and the Netherlands — concerning payments made by the Commission which differ from the amount requested. Ref: Programma POR Sicilia (No CCI 1999 IT 161 PO 011); |
| --- | --- |

—

annul Memorandum No 175 of 11.1.2007 of the European Commission, Directorate General for Regional Policy — Programmes and projects in Cyprus, Greece, Hungary, Italy, Malta and the Netherlands — concerning payments made by the Commission which differ from the amount requested. Ref: Programma POR Sicilia (No CCI 1999 IT 161 PO 011);

| — | annul Memorandum No 234 of 12.1.2007 of the European Commission, Directorate General for Regional Policy — Programmes and projects in Cyprus, Greece, Hungary, Italy, Malta and the Netherlands — concerning payments made by the Commission which differ from the amount requested. Ref: Programma POR Sicilia (No CCI 1999 IT 161 PO 011); |
| --- | --- |

—

annul Memorandum No 234 of 12.1.2007 of the European Commission, Directorate General for Regional Policy — Programmes and projects in Cyprus, Greece, Hungary, Italy, Malta and the Netherlands — concerning payments made by the Commission which differ from the amount requested. Ref: Programma POR Sicilia (No CCI 1999 IT 161 PO 011);

| — | annul all connected and prior acts and, consequently, order the Commission of the European Communities to pay the costs. |
| --- | --- |

—

annul all connected and prior acts and, consequently, order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied upon in Case T-345/04 Italian Republic v Commission
   (1).

Italian Republic

Commission

1

---

(1)  OJ C 262 of 23.10.2004, p. 55.

1

---