alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 3.125 Facilities, general. ( a ) *Structural strength.* The facility must be constructed of such material and of such strength as appropriate for the animals involved. The indoor and outdoor housing facilities shall be structurally sound and shall be maintained in good repair to protect the animals from injury and to contain the animals.
( b ) *Water and power.* Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available on the premises.
( c ) *Storage.* Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against deterioration, molding, or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.
( d ) *Waste disposal.* Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, trash and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. The disposal facilities and any disposal of animal and food wastes, bedding, dead animals, trash, and debris shall comply with applicable Federal, State, and local laws and regulations relating to pollution control or the protection of the environment.
( e ) *Washroom and sinks.* Facilities, such as washrooms, basins, showers, or sinks, shall be provided to maintain cleanliness among animal caretakers.
[36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 36874, June 22, 1979, and amended at 44 FR 63492, Nov. 2, 1979]
### §1730e. Repealed. Pub. L. 96–221, title V, §529, Mar. 31, 1980, 94 Stat. 168

Section, act June 27, 1934, ch. 847, title IV, §412, as added Dec. 28, 1979, Pub. L. 96–161, title II, §203, 93 Stat. 1236, provided that if the applicable rate prescribed in this section exceeded the rate an insured institution would be permitted to charge in the absence of this section, then such institution could, for a business or agricultural loan of $25,000 or more, notwithstanding State law, take or charge on any evidence of debt, interest of not more than 5 per centum in excess of the discount rate in effect at the Federal Reserve bank in the district in which the institution was located, that the taking or charging of interest at a greater rate than that prescribed by this section, if knowingly done, would be deemed a forfeit of the entire interest on that particular evidence of debt, and that if such greater rate of interest had already been paid, the payor could recover twice the amount of such payment in a civil action commenced within two years of such payment. See section 1730g of this title.

A prior section 1730e, act June 27, 1934, ch. 847, §412, as added Nov. 5, 1979, Pub. L. 96–104, title I, §103, 93 Stat. 790, identical to this section as added by Pub. L. 96–161, was repealed by section 212 of Pub. L. 96–161, effective at the close of Dec. 27, 1979, except that its provisions would continue to apply to any loan made in any State on or after Nov. 5, 1979, but prior to such repeal.

A prior section 1730e, act June 27, 1934, ch. 847, §412, as added Oct. 29, 1974, Pub. L. 93–501, title II, §203, 88 Stat. 1559, identical to this section as added by Pub. L. 96–104, was repealed by section 1 of Pub. L. 96–104 except that its provisions shall continue to apply to any loan made in any State during the period specified in section 206 of Pub. L. 93–501.

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

#### Effective Date of Repeal

Pub. L. 96–221, title V, §529, Mar. 31, 1980, 94 Stat. 168, provided that the repeal of this section is effective at close of Mar. 31, 1980.

#### Savings Provision

Pub. L. 96–221, title V, §529, Mar. 31, 1980, 94 Stat. 168, provided that, notwithstanding the repeal of Pub. L. 96–104 and title II of Pub. L. 96–161, this section [which had been enacted by those laws] shall continue to apply to any loan made, any deposit made, or any obligation issued in any State during any period when this section was in effect in such State.
# C_2007042EN.01004101.xml

| 24.2.2007 | EN | Official Journal of the European Union | C 42/41 |
| --- | --- | --- | --- |

24.2.2007

EN

Official Journal of the European Union

C 42/41

---

Action brought on 29 December 2006 — Vitro Corporativo v OHIM — VKR Holding (Vitro)

(Case T-412/06)

(2007/C 42/72)

Language in which the application was lodged: Spanish

Parties

Applicant: Vitro Corporativo, S.A. de C.V. (represented by: J. Botella Reyna, 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 of OHIM: VKR Holding A/S

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | Declare that the Community trade mark VITRO be registered for goods in Class 19 |
| --- | --- |

—

Declare that the Community trade mark VITRO be registered for goods in Class 19

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark ‘Vitro’ (CTR application No 2 669 521) for goods and services in Classes 1, 7, 8, 9, 11, 12, 16, 17, 19, 20, 21, 22, 27, 30, 35, 39, 40, 41, 42 and 43.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: VKR Holding A/S

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

Mark or sign cited in opposition: Danish (No 1956 1415 VR), German (No 725 452), United Kingdom (No 1 436 897) and Community (No 651 745) word marks ‘VITRAL’, for goods, inter alia, in Class 19 (building glass, window glass, safety and isolating glass), in respect of which the opposition proceedings were lodged.

Mark or sign cited in opposition:

Decision of the Opposition Division: The opposition was upheld and the Community trade mark was refused for goods in Class 19.

Decision of the Opposition Division:

Decision of the Board of Appeal: The appeal was dismissed.

Decision of the Board of Appeal:

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.

Pleas in law:

---
### §4525. Information, records, and meetings

For purposes of subchapter II of chapter 5 of title 5—

(1) the Agency, and

(2) the Department of Housing and Urban Development, with respect to activities under this chapter,

shall be considered agencies responsible for the regulation or supervision of financial institutions.

(Pub. L. 102–550, title XIII, §1319F, Oct. 28, 1992, 106 Stat. 3952; Pub. L. 110–289, div. A, title I, §1161(a)(5), July 30, 2008, 122 Stat. 2779.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in par. (2), was in the original "this title", meaning title XIII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3941, which is classified principally to this chapter. For complete classification of title XIII to the Code, see Short Title note set out under section 4501 of this title and Tables.

#### Amendments

2008—Par. (1). Pub. L. 110–289 substituted "the Agency" for "the Office".
COLUMBUS MCKINNON CORPORATION
                         MONTHLY RETIREMENT BENEFIT PLAN

                  AMENDMENT NO. 4 OF THE 1998 PLAN RESTATEMENT


          Columbus  McKinnon  Corporation  (the  "Company")  hereby  amends  the
Columbus McKinnon  Corporation  Monthly Retirement Benefit Plan (the "Plan"), as
amended and restated in its  entirety  effective  April 1, 1998,  and as further
amended by  Amendment  Nos. 1, 2 and 3, as permitted  under  Section 10.1 of the
Plan, as follows:

1.   Section  1.4,  entitled  "Actuarial  Present  Value" is  amended  effective
     December 31, 2002 by changing Section 1.4(b)(1) to read as follows:

               (1)  "Applicable Mortality Table"  means the table  prescribed by
          the  Secretary  of the  Treasury  that  is  based  on  the  prevailing
          commissioners' standard table (described in Code Section 807(d)(5)(A))
          used to determine  reserves for group annuity  contracts issued on the
          date as of which present value is being determined  (without regard to
          any other  subparagraph of Code Section 807(d)(5)) or such other table
          determined  by the  Secretary of Treasury for purposes of Code Section
          417(e). In the event that the Secretary of Treasury changes such table
          and makes the effective  date of the new table subject to the election
          of the plan  sponsor,  the  effective  date for this Plan shall be the
          latest  effective date available  under  applicable  Internal  Revenue
          Service  guidance.  (Effective for Annuity  Starting Dates on or after
          December  31,  2002 the table is the  table  prescribed  in Rev.  Rul.
          2001-62.)"

          IN WITNESS WHEREOF,  this instrument of amendment has been executed by
a duly authorized officer of the Corporation this 20th day of December, 2002, to
be effective as of the date recited herein.


                                         COLUMBUS McKINNON CORPORATION


                                         By: /s/ R.L. Montgomery
                                            ---------------------------------


                                         Title: Executive Vice President
                                               ------------------------------




<PAGE>
Pension Benefit Guaranty Corporation 

83-17 

August 1, 1983 

REFERENCE: 

 [*1] 4207 Reduction or Waiver of Complete Withdrawal Liability 

OPINION: 

 This responds to your letter concerning Section 4207 of the Employee Retirement Income Security Act.

Specifically, you inquire whether an employer that withdraws from a plan and subsequently renews its obligation to

contribute to the plan would continue to be subject to withdrawal liability, and if so, whether the "trust fund is

empowered to waive any withdrawal liability in such a circumstance". 

In our view, plans have authority to adopt reasonable rules governing collection of withdrawal liability, including

abatement. This authority is subject to the terms of regulations to be issued by PBGC under Section 4207 in the event

that an employer who has withdrawn from the plan subsequently resumes covered operations or renews an obligation

to contribute under the plan. 

Congress also recognized that the PBGC would require time to develop the regulations -- more than 60 of them --

that it is specifically required or authorized to promulgate under the Multiemployer Pension Plan Amendments Act of

1980 * * * ("Multiemployer Act"). In order not to delay the effective functioning of the 1980 amendments, Congress

provided in Section [*2] 405(a) of the Multiemployer Act: 

if the way in which any [Multiemployer Act] amendment will apply to a particular circumstance is to be set forth

in regulations, any reasonable action during the period before such regulations take effect shall be treated as complying

with such regulations for such period. 

 Therefore, pending the issuance of PBGC regulations, plans may adopt reasonable rules to waive or reduce

withdrawal liability when a withdrawn employer reenters the plan. Such rules must include whatever restrictions or

conditions are contained in PBGC's regulations under Section 4207 beginning on the effective date of such regulations.

I hope this response is helpful to you. 

Henry Rose 

General Counsel
**EXHIBIT 32.2**

**CERTIFICATION OFCHIEF FINANCIAL OFFICERPURSUANT TO SECTION 906 OF SARBANES-OXLEY ACT OF 2002**

The certification set forth below is being submittedin connection with this Annual Report on Form 10-K/A forthe period ended December 31, 2005 (the “Report”) for the purpose ofcomplying with Rule 13a-14(b) or Rule 15d-14(b) ofthe Securities Exchange Act of 1934 (the “Exchange Act”) and Section 1350of Chapter 63 of Title 18 of the United States Code.

John C. Batty, the Executive Vice President, ChiefFinancial Officer, Treasurer and Principal Financial Officer of Affymetrix, Inc.certifies that, to the best of such officer’s knowledge:

1.                the Report fully complies with therequirements of Section 13(a) or 15(d) of the Exchange Act; and

2.                the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of Affymetrix, Inc.
| July 27, 2007 | /s/ JOHN C. BATTY        |
|---------------|--------------------------|
|          | Name: John C. Batty |
|          | Title:                   | *Executive Vice President, Chief Financial Officer,  Treasurer and Principal Financial Officer* |

                                                                                                

----
§ 1.1 Purpose and scope. ( a ) The purpose of this part is to set forth rules informing the public as to what information is maintained by the Federal Election Commission about identifiable individuals and to inform those individuals how they may gain access to and correct or amend information about themselves.
( b ) The regulations in this part carry out the requirements of the Privacy Act of 1974 (Pub. L. 93-579) and in particular 5 U.S.C. 552a as added by that Act.
( c ) The regulations in this part apply only to records disclosed or requested under the Privacy Act of 1974, and not to requests for information made pursuant to 5 U.S.C. 552, the Freedom of Information Act, or requests for reports and statements filed with the Federal Election Commission which are public records and available for inspection and copying pursuant to 52 U.S.C. 30109(a)(4)(C) and 30111(a)(4)
[41 FR 43064, Sept. 29, 1976, as amended at 45 FR 21209, Apr. 1, 1980; 79 FR 77843, Dec. 29, 2014]
### §2143. Credit delivery office

On a determination by the board of directors of the consolidated bank that the bank's loan portfolio is concentrated in any one district or districts (according to the district boundaries in effect immediately prior to the effective date of the establishment of the bank under section 413 of the Agricultural Credit Act of 1987), the bank may consider the creation of regional service centers to accommodate such loan concentrations.

(Pub. L. 92–181, title III, §3.22, as added Pub. L. 100–233, title IV, §415(2), Jan. 6, 1988, 101 Stat. 1643; amended Pub. L. 100–399, title IV, §407(e), Aug. 17, 1988, 102 Stat. 1000.)

#### **Editorial Notes**

#### References in Text

Section 413 of the Agricultural Credit Act of 1987, referred to in text, is section 413 of Pub. L. 100–233, which is set out as a note under section 2121 of this title.

#### Amendments

1988—Pub. L. 100–399 substituted "consolidated bank" for "United Bank for Cooperatives or the National Bank for Cooperatives" and "establishment of the bank under section 413 of the Agricultural Credit Act of 1987" for "merger".

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

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.
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## Contact Us

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**Email:**specialpermits@dot.gov**Phone:**202-366-4535****Alt Phone:**800-467-4922**

If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

# Special Permits Overview

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### §1846. Reservation of rights to States

#### (a) In general

No provision of this chapter shall be construed as preventing any State from exercising such powers and jurisdiction which it now has or may hereafter have with respect to companies, banks, bank holding companies, and subsidiaries thereof.

#### (b) State taxation authority not affected

No provision of this chapter shall be construed as affecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.

(May 9, 1956, ch. 240, §7, 70 Stat. 138; Pub. L. 100–86, title I, §101(f), Aug. 10, 1987, 101 Stat. 563; Pub. L. 103–328, title I, §101(b), Sept. 29, 1994, 108 Stat. 2341.)

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1987—Pub. L. 100–86 substituted "No provision of this chapter shall" for "The enactment by the Congress of this chapter shall not" and inserted "companies," before "banks,".

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

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–328 effective at end of 1-year period beginning on Sept. 29, 1994, see section 101(e) of Pub. L. 103–328, set out as a note under section 1828 of this title.
#### § 1000.312 What happens if the Secretary accepts the Tribe's/Consortium's proposed measures?

The Secretary must notify the Tribe/Consortium in writing of the acceptance and suspend the reassumption process.
#### § 700.59 Displaced person.

Displaced person means a member of the Hopi Tribe residing within the area partitioned to the Navajo Tribe or a member of the Navajo Tribe residing within the area partitioned to the Hopi Tribe who must be relocated pursuant to the Act. This term is synonymous with the term “relocatee”.
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference inRegistration Statement No. 333-50010 on Form S-8 of our report dated March 16, 2007, relating to the consolidated financial statements and financial statement schedule of Exactech, Inc. and subsidiaries (the “Company”) (whichreport expresses an unqualified opinion and includes explanatory paragraphs relating to the restatement discussed in Note 2 and the adoption of Statement of Financial Accounting Standard No. 123R “Share-Based Payments” discussed inNote 2) and of our report on internal control over financial reporting dated March 16, 2007 (which report expresses an adverse opinion on the effectiveness of the Company’s internal control over financial reporting because of a materialweakness) appearing in this Annual Report on Form 10-K of the Company for the year ended December 31, 2006. 

DELOITTE & TOUCHE LLP

Jacksonville, Florida 

March 16, 2007
# C_2006165EN.01000801.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/8 |
| --- | --- | --- | --- |

15.7.2006

EN

Official Journal of the European Union

C 165/8

---

Judgment of the Court (First Chamber) of 11 May 2006 — The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-416/04 P) (1)

1

(Appeal - Community trade mark - Articles 8(1)(b), 15(3) and 43(2) and (3) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for Community word mark VITAFRUIT - Opposition by the proprietor of the national word mark VITAFRUT - Genuine use of the earlier trade mark - Proof of consent of the proprietor for the use of the earlier trade mark - Similarity of goods)

(2006/C 165/13)

Language of the case: English

Parties

Appellant: The Sunrider Corp. (represented by: A. Kockläuner, Rechtsanwalt)

Appellant:

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard-Monguiral, Agents,)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 8 July 2004 in Case T-203/02 Sunrider v OHIM dismissing an action for annulment brought by the applicant for registration of the word mark ‘VITAFRUIT’ for products in classes 5, 29 and 32 against the decision of the First Board of Appeal of The Office for Harmonisation in the Internal Market (OHIM) of 8 April 2002 in Case R 1046/2000-1 dismissing the appeal against the decision of the Opposition Division refusing in part to register that mark in the opposition proceedings brought by the proprietor of the national word mark ‘VITAFRUT’ for certain products in classes 30 and 32

Sunrider

OHIM

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders The Sunrider Corp. to pay the costs. |
| --- | --- |

2.

Orders The Sunrider Corp. to pay the costs.

---

(1)  OJ C 300, 04.12.2004.

1

---
# C_2007082EN.01003202.xml

| 14.4.2007 | EN | Official Journal of the European Union | C 82/32 |
| --- | --- | --- | --- |

14.4.2007

EN

Official Journal of the European Union

C 82/32

---

Judgment of the Court of First Instance of 15 February 2007 — Indorata-Serviços e Gestão v OHIM (HAIRTRANSFER)

(Case T-204/04) (1)

1

(‘Community trade mark - Application for Community trade mark HAIRTRANSFER - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94’)

(2007/C 82/70)

Language of the Case: German

Parties

Applicant: Indorata-Serviços e Gestão, Lda (Funchal, Portugal) (represented by T. Wallentin, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by J. Weberndörfer, agent)

Defendant:

Subject-matter

Appeal against the decision of the Second Board of Appeal of the OHIM of 1 April 2004 (Case R 435/2003-2) concerning an application for registration of the word mark HAIRTRANSFER as a Community trade mark.

Operative part

| 1) | The appeal is dismissed. |
| --- | --- |

1)

The appeal is dismissed.

| 2) | Indorata-Serviços e Gestão, Lda is ordered to pay the costs. |
| --- | --- |

2)

Indorata-Serviços e Gestão, Lda is ordered to pay the costs.

da

---

(1)  JO C 217 du 28.8.2004.

1

---