alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.38

AMENDMENT 2002-2 TO  HILTON HOTELS  401(K) SAVINGS PLAN

The Pension and Thrift Committee (the "Committee") for Hilton Hotels Corporation hereby adopts the following amendment to the Hilton Hotels 401(k) Savings Plan
(the "Plan"):

1.    Section 3.1(a)
of the Plan is amended in its entirety to read as follows effective June 1, 2002:



2.    Section 3.8
of the Plan is amended in its entirety to read as follows effective January 1, 2002:



3.    Section 6.3
of the Plan is amended in its entirety to read as follows effective January 1, 2001:



4.    Section 6.4(c)
of the Plan is amended in its entirety to read as follows effective January 1, 2003:



1

---



5.    Section 6.7
is amended by the addition of the following paragraph (c) at the end thereof effective January 1, 2002:



6.    Section 6.9
of the Plan is deleted effective January 1, 2003.

7.    The
Plan is amended by the addition of the following Appendix G at the end thereof effective January 1, 2002 (except where specifically provided otherwise):

"APPENDIX
G
AMENDMENT OF THE PLAN FOR EGTRRA
PREAMBLE



I.    LIMITATIONS
ON CONTRIBUTIONS



II.    INCREASE
IN COMPENSATION LIMIT



2

---



III.  DIRECT
ROLLOVERS OF PLAN DISTRIBUTIONS



IV.  ROLLOVERS
FROM OTHER PLANS



3

---



V.    ROLLOVERS
NOT DISREGARDED IN INVOLUNTARY CASH-OUTS



VI.  ELECTIVE
DEFERRALSCONTRIBUTION LIMITATION



VII. MODIFICATION
OF TOP-HEAVY RULES



VIII.  CATCH-UP
CONTRIBUTIONS



IX.  SUSPENSION
PERIOD FOLLOWING HARDSHIP DISTRIBUTION



X.    DISTRIBUTION
UPON SEVERANCE FROM EMPLOYMENT

1.    Effective
date. This Section shall apply for distributions after December 31, 2001 regardless of when the severance from employment occurred.

4

---

2.    New
distributable event. A Participant's Compensation Deferrals, qualified nonelective contributions, qualified matching contributions, and earnings attributable to these
contributions shall be distributed on account of the Participant's severance from employment. However, such a distribution shall be subject to the other provisions of the Plan regarding distributions,
other than provisions that require a separation from service before such amounts may be distributed."

8.    The
Plan is amended by the addition of the following Appendix H at the end thereof effective January 1, 2003:

"APPENDIX
H
MINIMUM DISTRIBUTION REQUIREMENTS

Section 1.
General Rules



Section 2.
Time and Manner of Distribution.



5

---



Section 3.
Required Minimum Distributions During Participant's Lifetime.



Section 4.
Required Minimum Distributions After Participant's Death.



6

---



Section 5.
Definitions.



7

---



IN
WITNESS WHEREOF, the Committee has caused this amendment to be executed this 18th day of December 2002.

| |  | Hilton Hotels Corporation
| |  | -------------------------
| |  | By:                      
| |  |                          
| |  | Its:                     
| |  |                          

8

---

QuickLinks
###### Editorial Note on Part 635

#### Editorial Note:

Nomenclature changes to part 635 appear at 67 FR 75924, Dec. 10, 2002.

#### § 635.202 Applicability.

This subpart applies to all Federal-aid and other highway construction projects financed in whole or in part with Federal funds and to be constructed by a State transportation department or a subdivision thereof in pursuant of agreements between any other State transportation department and the Federal Highway Administration (FHWA).

[69 FR 7119, Feb. 13, 2004]
Editorial Note on Part 635
Editorial Note: Nomenclature changes to part 635 appear at 67 FR 75924, Dec. 10, 2002.

§ 635.403 Definitions. As used in this subpart, the following terms have the meanings indicated: ( a ) *FHWA Division Administrator* means the chief Federal Highway Administration (FHWA) official assigned to conduct business in a particular State;
( b ) *Material* means any tangible substance incorporated into a Federal-aid highway project;
( c ) *PS&E* means plans, specifications, and estimates;
( d ) *Special provisions* means additions and revisions to the standard and supplemental specifications applicable to an individual project;
( e ) *Standard specifications* means a compilation in book form of specifications approved for general application and repetitive use;
( f ) *State* has the meaning set forth in 23 U.S.C. 101;
( g ) *State transportation department* means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction;
( h ) *Supplemental specifications* means approved additions and revisions to the standard specifications.
** **

**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report of The SCO Group, Inc. (the “Company”)on Form 10-Q, for the three months ended January 31, 2005, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Darl C. McBride, Chief Executive Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002 that:

 

1.                                       The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

2.                                       The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| By:    | /s/ Darl C. McBride                   |   |
|--------|---------------------------------------|--------|
|   | Darl C. McBride                       |
|   | President and Chief Executive Officer |

 
|   |                  |
|--------|-----------------------|
| Date:  | October 26, 2005 |

 

1

----
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of the Interior National Park Service [2410-OYC]
 AGENCY: National Park Service, Interior.
 ACTION: Public notice.
 DATES: *Effective Date:*
                         January 1, 2011.
 FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Chief, Commercial Services Program, National Park Service, 1201 Eye Street, NW., 11th Floor, Washington, DC 20005, Telephone 202/513-7156.
 SUMMARY: Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contract for a period of up to 1 (one) year, or until such time as a new contract is executed, whichever occurs sooner.


SUPPLEMENTARY INFORMATION: The listed concession authorization will expire by its terms on or before December 31, 2010. The National Park Service has determined that the proposed 1-year extension is necessary in order to avoid interruption of visitor services and has taken all reasonable and appropriate steps to consider alternatives to avoid such interruption. Conc ID No.
Concessioner name
ParkNACC003-86
Guest Services, Inc.
National Capital Parks—Central.
 FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Chief, Commercial Services Program, National Park Service, 1201 Eye Street, NW., 11th Floor, Washington, DC 20005, Telephone 202/513-7156. Dated: January 4, 2011. Katherine H. Stevenson, Associate Director, Business Services.


[FR Doc. 2011-691 Filed 1-13-11; 8:45 am] BILLING CODE 4312-53-P
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION MEMORANDUM Date: Ju ly 01 , 2014 SUBJECT: **2,6**
**- Dic**  **h lorobenzamide (BAM)**  **.** An Assessment of BAM Dietary Exposure Based on Current Percent Crop Treated Data to Support Increased Fluopicolide Tolerances.

**PC Code:** 027402 (BAM), 027412 (Fluopicolide) , 027401 (Dichlobenil) **DP Barcode:**  D 421238 **Decision No.:** 48109 1 **Registration No. :**  59639

- 139 **Petition No.:** 3F8191 **Regulatory Action:** Section 3 **Risk Assessment Type:** Not Applicable **Case No.:** Not Applicable T **XR No.:** Not Applicable **CAS No.:** 2008

- 54

- 4 **MRID No.:** None **40 CFR:** § 180. 627
FROM: Peter Savoia, Chemist

Risk Assessment Branch V/VII Health Effects Division (7509P) THRU: Michael S. Metzger, Branch Chief

Risk Assessment Branch V/VII Health Effects Division (7509P) TO: Laura Nollen, Biologist Minor Use Team and Tony Kish, Product Manager Fungicide Branch Registration Division (750 5 P)

2 , 6

- dichlorobenzamide or “ BAM ”, is a metabolite of two pesticide active ingredients, fluopicolide and dichlobenil. Residues of BAM are considered to be of regulato ry concern having s eparate toxicity data and endpoints selected for risk assessment . Recently , the Valent U.S.A. Corporation submitted PP# 3F8191 to amend the fluopicolide tolerances established on tuberous and corm subgroup 1C vegetables and potato proce ssed waste. Because the se increased tolerances do not add to the diet ary exposure of BAM , the conclusions from the most recentl y conducted 2008 BAM human health risk assessment remain unchanged (D 354111 , D. Rate, 06 /19/08)

. Although it remains applicable in supporting this action , the dichlobenil percent crop treated estimates for some commodities underlying the BAM assessment generated in 2007 were found to have increased. Other than the new estimate for pears, the percent crop treated estimates did not change or were negligible since they are all at the lower reporting limit and will not affect the overall BAM dietary exposure. For pears, dietary

anal ys es were thus performed to compare its contribution to exposure since the new percent crop treated est imate is appreciabl y higher (5% for the av g. ). In comparison, these results show that the impact from pears is negligible in contributing to the dietary exposure of BAM. Therefore, the conclusions of the 2008 BAM human health risk assessment remain appli cable to support the increased fluopicolide tolerances on tuberous and corm vegetables.
#### § 345.71 Official commendations.

An inmate worker may receive an official written commendation for any suggestion or invention adopted by FPI, or for any special achievement, as determined by the SOI, related to the inmate's industrial work assignment. A copy of the commendation is to be placed in the inmate's central file.
CONSULTING AGREEMENT
                              --------------------

     CONSULTING  AGREEMENT  dated  as  of  January  17,  2000  between  LAKOTA
TECHNOLOGIES,  INC., a Colorado corporation, ("Lakota"), on the one hand, and M.
RICHARD  CUTLER  ("Cutler"), BRIAN A. LEBRECHT ("Lebrecht"), and VI BUI ("Bui"),
on  the other hand.  Each of Cutler, Lebrecht, and Bui shall be referred to as a
"Consultant"  and  collectively  as  the  "Consultants").


     WHEREAS:

     A.     Consultants have agreed to render consulting services with regard to
the  negotiation  and  completion  of  a  stock  exchange between Lakota and the
majority  shareholders  of  AGM,  Inc.,  a  Nevada  corporation  (the  "AGM
Shareholders").

     B.     In  the event Lakota is able to complete the Stock Exchange with the
AGM  Shareholders,  Lakota wishes to compensate Consultants for their consulting
services.

     NOW  THEREFORE,  it  is  agreed:

     1.     Cash  Compensation. Lakota shall pay by bank wire to Consultants, or
their  assigns, a consulting fee of $50,000.00 immediately upon the execution of
a  stock  exchange  agreement  with  the  AGM  Shareholders.  The  fee  shall be
accounted  for  as  follows:  $40,000  to  Cutler  and  $10,000  to  Lebrecht.

     2.     Stock  Compensation.  Lakota  shall  pay  and  cause to be issued to
Consultants,  or  their  assigns, a consulting fee of 1,500,000 shares of common
stock  of  Lakota  (the  "Shares")  immediately  upon  the  execution of a stock
exchange agreement with the AGM Shareholders.  The parties hereto agree that the
value  of  such  Shares  shall be 50% of the average closing bid price for the 5
business  days  preceding  this  Agreement.  The  Shares  shall be issued in the
following  manner:  1,050,000  shares  to  Cutler, and 225,000 shares to each of
Lebrecht  and  Bui.  Such  shares  shall be subject to registration by Lakota on
Form  S-8,  at Lakota's sole expense, within 15 days of Lakota becoming eligible
for  such  registration.

     3.     Miscellaneous.  This  Agreement (i) shall be governed by the laws of
the  State  of  California;  (ii)  may be executed in counterparts each of which
shall  constitute  an  original;  (iii)  shall  be  binding upon the successors,
representatives, agents, officers and directors of the parties; and (iv) may not
be  modified  or  changed  except  in  a  writing  signed  by  all  parties.


<PAGE>

     This  Consulting  Agreement  has  been  executed as of the date first above
written.


LAKOTA  TECHNOLOGIES,  INC.

/s/  Ken Honeyman                              /s/  M. Richard Cutler
_______________________________               ______________________________
By:     Ken  Honeyman,  President                    M.  Richard  Cutler


/s/  Brian A. Lebrecht                         /s/  Vi Bui
_______________________________               ______________________________
Brian  A.  Lebrecht                              Vi  Bui
Exhibit 12.2



CERTIFICATIONS



I, Takashi Miyoshi, certify that:



1. I have reviewed this annual report on Form 20-F of Hitachi, Ltd.;



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 report, fairly present
in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;



4. The company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 company 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 company, 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) [Reserved]



(c) Evaluated the effectiveness of the company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



(d) Disclosed in this report any change in the companys internal control over financial reporting that occurred during the period
covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and



5. The companys other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal
control over financial reporting, to the companys auditors and the audit committee of the companys board of directors (or persons performing the equivalent functions):



(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 company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 companys internal control over financial reporting.





|                         |  |     |  |                                                             
|------------------------ |  | --- |  | ------------------------------------------------------------
|Date:    August 26, 2005 |  | By: |  | /s/ Takashi Miyoshi                                         
|                         |  |     |  | Name:         Takashi Miyoshi                               
|                         |  |     |  | Title:           Senior Vice President and Executive Officer
§ 90.19 Application content. ( a ) *Format.* Applications from the States for the STOP Program must be submitted as described in the annual solicitation. The Office on Violence Against Women will notify each State office as designated pursuant to § 90.11 when the annual solicitation is available. The solicitation will include guidance on how to prepare and submit an application for grants under this subpart.
( b ) *Requirements.* The application shall include all information required under 42 U.S.C. 3796gg-1(d).
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 15 Agreed to Senate (ATS)]

<DOC>

116th CONGRESS
  1st Session
S. RES. 15

Commending the Clemson University Tigers football team for winning the 
          2019 College Football Playoff National Championship.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2019

Mr. Graham (for himself and Mr. Scott of South Carolina) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Commending the Clemson University Tigers football team for winning the 
          2019 College Football Playoff National Championship.

Whereas, on Monday, January 7, 2019, the Clemson University Tigers football team 
        won the 2019 College Football Playoff National Championship (in this 
        preamble referred to as the ``championship game'') by defeating the 
        University of Alabama by a score of 44 to 16 at Levi's Stadium in Santa 
        Clara, California;
Whereas the Tigers finished the championship game with 482 yards of total 
        offense on 63 plays;
Whereas the victory by the Tigers in the championship game--

    (1) made Clemson the first Football Bowl Subdivision (FBS)-level team 
to finish a season 15-0 since the University of Pennsylvania in 1897; and

    (2) marked the second time in 3 years that Clemson won a National 
Championship game;

Whereas the head coach of Clemson, Dabo Swinney, has been an outstanding role 
        model to the Clemson players and the Clemson community;
Whereas Trevor Lawrence, the first true freshman starter to win a national title 
        since 1985, gave an outstanding performance by throwing for 347 yards 
        and 3 touchdowns;
Whereas Travis Etienne had 14 carries for 86 yards including 2 rushing 
        touchdowns and a passing touchdown;
Whereas the Clemson University football team displayed outstanding dedication, 
        teamwork, and sportsmanship throughout the 2018 collegiate football 
        season in achieving the highest honor in college football; and
Whereas the Tigers have brought pride and honor to the State of South Carolina: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) commends the Clemson University Tigers for winning the 
        2019 College Football Playoff National Championship;
            (2) recognizes the on-field and off-field achievements of 
        the players, coaches, and staff of the Clemson football team; 
        and
            (3) respectfully requests that the Secretary of the Senate 
        transmit an enrolled copy of this resolution to--
                    (A) the President of Clemson University, James P. 
                Clements; and
                    (B) the head coach of the Clemson University 
                football team, Dabo Swinney.
                                 <all>
```
### §559f. Approval of Secretary of Agriculture and Attorney General

The authorities conferred herein shall be exercised pursuant to an agreement approved by the Secretary of Agriculture and the Attorney General.

(Pub. L. 99–570, title XV, §15007, Oct. 27, 1986, 100 Stat. 3207–192.)

#### **Editorial Notes**

#### References in Text

Herein, referred to in text, probably means title XV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–191, known as the National Forest System Drug Control Act of 1986, which enacted sections 559b to 559f of this title, amended section 841 of Title 21, Food and Drugs, and enacted provisions set out as a note under section 559b of this title. For complete classification of title XV to the Code, see Short Title note set out under section 559b of this title and Tables.
### §460rrr. Definitions

In this subchapter:

#### (1) Commission

The term "Commission" means the Rio Grande Natural Area Commission established by section 460rrr–2(a) of this title.

#### (2) Natural Area

The term "Natural Area" means the Rio Grande Natural Area established by section 460rrr–1(a) of this title.

#### (3) Secretary

The term "Secretary" means the Secretary of the Interior.

(Pub. L. 109–337, §2, Oct. 12, 2006, 120 Stat. 1777.)

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

#### Short Title

Pub. L. 109–337, §1, Oct. 12, 2006, 120 Stat. 1777, provided that: "This Act [enacting this subchapter] may be cited as the 'Rio Grande Natural Area Act'."
The Honorable Pasco M. Bowman became Chief Judge of the United States

1

Court of Appeals for the Eighth Circuit on April 18, 1998.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-2156

_____________

Vurlon Murray, Jr., doing business *

as Murray Farms, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Arkansas.

Dan Glickman, Secretary of *

Agriculture, * [UNPUBLISHED]

*

Appellee. *

_____________

Submitted: April 17, 1998

Filed: June 23, 1998

_____________

Before McMILLIAN, BOWMAN, and MURPHY, Circuit Judges. 1

_____________

PER CURIAM.

Vurlon Murray, a farmer, alleges that his soybean crop was damaged by adverse

weather in 1994. He applied to the Department of Agriculture for disaster relief

benefits. The Department of Agriculture denied his application, and Murray sought
The Honorable Harry F. Barnes, United States District Judge for the Western 2

District of Arkansas.

-2-

judicial review of this decision in the District Court. The District Court granted

2

summary judgment to the Department of Agriculture, holding that the denial of benefits

was not arbitrary or capricious. Having reviewed the record, we agree with the District

Court. The administrative decision is supported by substantial evidence on the record

as a whole. Accordingly, we affirm for the reasons expressed in the District Court's

opinion. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### § 59.5 Functions and authorities of the Deputy Assistant Attorneys General.

The functions and authorities of the Deputy Assistant Attorneys General set out in this part may at any time be exercised by an Assistant Attorney General, the Associate Attorney General, the Deputy Attorney General, or the Attorney General.