alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as Booth v. Duffy Homes, Inc. , 121 Ohio St.3d 358, 2009-Ohio-1392.]

B OOTH ET AL ., A PPELLANTS , v . D UFFY H OMES , I NC ., A PPELLEE . [Cite as Booth v. Duffy Homes, Inc. , 121 Ohio St.3d 358, 2009-Ohio-1392.] Discretionary appeal accepted on Propositi on of Law No. I and cause remanded for consideration of Martin v. Design Constr. Servs., Inc. (No. 2008-2258

— Submitted February 17, 2009

— Decided April 1, 2009.) A PPEAL from the Court of Appeals for Franklin County, No. 07AP-680, 2008-Ohio-5261.

__________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law No. I. {¶ 2} The cause is remanded to the court of appeals for consideration of whether the court of appeals’ judgment s hould be modified in view of our opinion in Martin v. Design Constr. Servs., Inc. , 121 Ohio St.3d 66, 2009-Ohio-1, 902 N.E.2d 10. M OYER , C.J., and L UNDBERG S TRATTON , O’C ONNOR , O’D ONNELL , and C UPP , JJ., concur. P FEIFER and L ANZINGER , JJ., dissent and would not accept the appeal.

__________________ Fusco, Mackey, Mathews & Gill, L.L.P., and Michael J. Fusco, for appellants. Zeiger, Tigges & Little, L.L.P., John W. Zeiger, Stuart G. Parsell, and Matthew S. Zeiger, for appellee.

______________________
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# SECY-04-0076 - Department of Veterans Affairs (DVA) Implementation of Its Master Materials License (MML)

Accession Number: ML041180618

Date Released: Wednesday, May 19, 2004

Package Contents

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    - ML041180619 - SECY-04-0076 - Department of Veterans Affairs (DVA) Implementation of Its Master Materials License (MML) (12 page(s), 5/6/2004)
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    - ML041180621 - SECY-04-0076-Atch4 - DVA and NRC Inspection Data (1 page(s), 5/6/2004)

Privacy PolicySite Disclaimer
<PAGE>

                                                                   EXHIBIT 10.58

SUMMARY OF LEASE AGREEMENT, EFFECTIVE JANUARY 15, 2003, BETWEEN SHANGHAI
LINKTONE CONSULTING CO., LTD. AND SHANGHAI GANGLU REAL ESTATE DEVELOPMENT CO.,
LTD.

Contracting Parties

Party A:          Shanghai Ganglu Real Estate Development Co., Ltd.
Party B:          Shanghai Linktone Consulting Co., Ltd.

Property Description

Location:         Rm. 601-602, 18 Tibet Road Central Huangpu District, Shanghai
                  City

Square footage:   896.17 m2 in architectural area

Type:             Half floor of office space

Term of Lease

Effective Period: From 15/01/2003 to 14/01/2005 (2 years)

Relet: Party B shall request the extension of the agreement at 3 months before
the expiration and enter into a new agreement with Party A subject to its
consent.

Rental Use

Office use

Rent Amount

$0.25 per square meter per day and $6814.63 per month in total

Major Obligations of either party

Party A shall:

    -    be required to pay as damages three times the monthly rent if it does
         not deliver the tenement 30 days after the request of Party B;

Party B shall:

    -    return the tenement on time and be subject to daily cost of USD0.5/m2
         for each overdue day; and

    -    not alter the use of the tenement provided in the agreement which leads
         to the damage of tenement and be required to pay as damages three times
         the monthly rent for such breach.

<PAGE>

Security deposit and other refundable or non-refundable payment

Management fees, water, gas, electricity, communication fees will paid by Party
B.
§ 2606.104 OGE and agency responsibilities. ( a ) The procedures in this part apply to: ( 1 ) All initial Privacy Act access and amendment requests regarding records contained in an OGE system of records.
( 2 ) Administrative appeals from an Office or agency denial of an initial request for access to, or to amend, records contained in an OGE system of records.
( b ) For records contained in an OGE Governmentwide system of records, each agency is responsible (unless specifically excepted by the Office) for responding to initial requests for access or amendment of records in its custody and administrative appeals of denials thereof.
( c ) For records and material of another agency that are in the custody of OGE, but not under its control or ownership, OGE may refer a request for the records to that other agency, consult with the other agency prior to responding, or notify the requester that the other agency is the proper agency to contact.
§ 1631.42 Service. ( a ) *Return of service.* Each subpoena shall be accompanied by a Return of Service certificate stating the date and manner of service and the names of the persons served.
( b ) *Methods of service.* Subpoenas shall be served by one of the following methods: ( 1 ) Certified or registered mail, return receipt requested to the principal place of business or the last known residential address of the subpoenaed party.
( 2 ) Fax or electronic transmission to the subpoenaed party or the subpoenaed party's counsel, provided the subpoenaed party gives prior approval.
( 3 ) Personal delivery at the principal place of business or residence of the subpoenaed party during normal business hours.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ASECO
CORPORATION'S FINANCIAL STATEMENTS FOR THE PERIOD ENDED SEPTEMBER 26, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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<MULTIPLIER> 1,000

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<CASH>                                           1,652
<SECURITIES>                                         0
<RECEIVABLES>                                    7,451
<ALLOWANCES>                                     1,014
<INVENTORY>                                      5,624
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<PREFERRED-MANDATORY>                                0
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<OTHER-SE>                                       9,074
<TOTAL-LIABILITY-AND-EQUITY>                    15,842
<SALES>                                         10,369
<TOTAL-REVENUES>                                10,369
<CGS>                                            6,158
<TOTAL-COSTS>                                    6,158
<OTHER-EXPENSES>                                 5,179
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  50
<INCOME-PRETAX>                                  (994)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (994)
<DISCONTINUED>                                       0
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<EPS-BASIC>                                      (.26)
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</TABLE>
(October 20, 1943.)

#### In the Matter of Henry K. Astwood, Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, Respondents, and Patrolmen’s Benevolent Association of the City of New York et al., Interveners, Appellants.*

*

 Affd. with opinion 291 N. Y. 484.

Order affirmed. Ho opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Untermyer, J., dissents in opinion and votes to reverse and dismiss the petition.

Untermyer, J.

(dissenting). I am unable to find any prohibition against inclusion, by initiative and referendum, in the Hew York City Charter (1938) of provisions for a war-time salary bonus for uniformed members of the Police and Fire Departments (City Home Rule Law, § 19-a). Although subdivision 3 of section 2 of the City Home Rule Law specifies certain provisions which a “ charter ” *must*contain in order to be such, it does not prevent the inclusion in the charter of a city of other provisions relating to the management of its affairs. Indeed, the Hew York City Charter, as it now exists, contains provisions for the salary of certain city officers and it appears to have been a common practice, which is still reflected in the charters of other cities of the State, to include provisions regulating salaries of city employees.

The order should be reversed and the petition dismissed.
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Region IV 

 611 Ryan Plaza Drive - Suite 400

 Arlington, TX 76011-4005

No. IV-04-017 April 12, 2004

Contact: Victor Dricks E-Mail: opa4@nrc.gov

Phone: 817-860-8128

NRC TO MEET WITH OMAHA PUBLIC POWER DISTRICT TO DISCUSS

PERFORMANCE OF FORT CALHOUN NUCLEAR PLANT

Nuclear Regulatory Commission staff will meet with representatives of the Omaha Public

Power District on Tuesday, April 20, to discuss the results of the agency’s annual assessment of

safety performance at the Fort Calhoun nuclear plant. The facility is located north of Omaha,

Nebraska.

The meeting is scheduled to begin at 7:00 p.m. at the Holiday Inn Express, 10729 J Street

(just north of 108th Street) in Omaha. The public is invited to observe the meeting, and NRC

officials will be available before the conclusion of the meeting to answer questions from the

public. In addition, the NRC staff will provide an overview of how the agency’s Reactor

Oversight Process works.

The performance period to be discussed is January 1 to December 31, 2003. A March 3

letter from the NRC to Fort Calhoun officials addresses the performance of the plant during this

period and will serve as the basis for the meeting discussion. It is available at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/fcs_2003q4.pdf .

Overall, the plant operated safely last year, and fully met all cornerstone objectives

(cornerstones are measures of plant performance).

With regard to security issues, the letter points out that the NRC has issued several orders

and threat advisories to enhance security capabilities and improve guard force readiness since the

terrorist attacks on September 11, 2001. The agency has also conducted inspections to review the

implementation of these requirements and has monitored the action of plant operators in response

to changing threat conditions. The NRC will continue security inspections during 2004.
Current performance indicators for Fort Calhoun are available on the NRC web site at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/FCS/fcs_chart.html .

###
### **CHAPTER 17—EXPLORATION PROGRAM FOR DISCOVERY OF MINERALS**

Sec.
641.
Establishment and maintenance of program for exploration; financial assistance.
642.
Exploration contracts.
643.
"Exploration" defined.
644.
Advice and assistance by Government departments and agencies; expenditure of funds.
645.
Repealed.
646.
Authorization of appropriations.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       9,321,525
<SECURITIES>                                         0
<RECEIVABLES>                                  233,260
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             9,629,701
<PP&E>                                         209,546
<DEPRECIATION>                                  62,551
<TOTAL-ASSETS>                               9,776,696
<CURRENT-LIABILITIES>                        2,654,913
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,147
<OTHER-SE>                                   7,108,636
<TOTAL-LIABILITY-AND-EQUITY>                 9,776,696
<SALES>                                            413
<TOTAL-REVENUES>                                79,151
<CGS>                                                0
<TOTAL-COSTS>                                  865,047
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (785,896)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (785,896)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (785,896)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)


</TABLE>
### §84–2. Transferred

#### **Editorial Notes**

#### Codification

Section 84–2 was editorially reclassified as section 5521 of this title.

#### Prior Provisions

A prior section 84–2, Pub. L. 88–426, title II, §203(f), Aug. 14, 1964, 78 Stat. 415; H. Res. 313, 89th Cong., Mar. 31, 1965, as enacted by Pub. L. 89–90, §103, July 27, 1965, 79 Stat. 281; Pub. L. 90–206, title II, §214(b), Dec. 16, 1967, 81 Stat. 635, provided that the compensation of Chaplain of House shall be at a gross per annum rate which is equal to the gross per annum rate of compensation of Chaplain of Senate, subject to further increases.
### §25. Cache River, Arkansas

The Cache River in the State of Arkansas is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. This provision shall become void after one year from July 27, 1916, unless within said period the Legislature of Arkansas shall pass an act expressly approving this declaration. The right of the Congress to alter, amend, or repeal this section is expressly reserved.

(July 27, 1916, ch. 260, §1, 39 Stat. 399.)

#### **Editorial Notes**

#### Codification

Section was a provision of section 1 of act July 27, 1916, popularly known as the "Rivers and Harbors Appropriation Act of 1916".

#### Approval of Declaration

See Arkansas Laws 1917, ch. 2, act 406.
§ 185.147 Limitations. ( a ) The notice of hearing with respect to a claim or statement must be served in the manner specified in § 185.108 within 6 years after the date on which such a claim or statement is made.
( b ) If the defendant fails to file a timely answer, service of a notice under § 185.110(b) shall be deemed a notice of hearing for purposes of this section.
( c ) the statute of limitations may be executed by written agreement of the parties.
§ 1.3 Definitions. As used in the rules in this subchapter: ( a ) *Competitive service* shall have the same meaning as the words “classified service”, or “classified (competitive) service”, or “classified civil service” as defined in existing statutes and executive orders.
( b ) *Competitive position* shall mean a position in the competitive service.
( c ) *Competitive status* shall mean basic eligibility to be noncompetitively selected to fill a vacancy in a competitive position. A competitive status shall be acquired by career-conditional or career appointment through open competitive examination upon satisfactory completion of a probationary period, or may be granted by statute, executive order, or the Civil Service Rules without competitive examination. A person with competitive status may be promoted, transferred, reassigned, reinstated, or demoted without taking an open competitive examination, subject to the conditions prescribed by the Civil Service Rules and Regulations.
( d ) An employee shall be considered as being in the competitive service when he has a competitive status and occupies a competitive position unless he is serving under a temporary appointment: *Provided,* that an employee who is in the competitive service at the time his position is first listed under Schedule A, B, or C shall be considered as continuing in the competitive service as long as he continues to occupy such position.
( e ) *Tenure* shall mean the period of time an employee may reasonably expect to serve under his current appointment. Tenure shall be granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is to a competitive position or an excepted position.
### §6702. Local Government Fiscal Assistance Fund

(a) Administration of Fund.—The Department of the Treasury has a Local Government Fiscal Assistance Fund, which consists of amounts appropriated to the Fund.

(b) Authorization of Appropriations.—There are authorized to be appropriated to the Fund—

(1) $270,000,000 for fiscal year 1996;

(2) $283,500,000 for fiscal year 1997;

(3) $355,500,000 for fiscal year 1998;

(4) $355,500,000 for fiscal year 1999; and

(5) $355,500,000 for fiscal year 2000.

Such sums are to remain available until expended.

(c) Administrative Costs.—Up to 2.5 percent of the amount authorized to be appropriated under subsection (b) is authorized to be appropriated for the period fiscal year 1995 through fiscal year 2000 to be available for administrative costs by the Secretary in furtherance of the purposes of the program. Such sums are to remain available until expended.

(Added Pub. L. 103–322, title III, §31001(a), Sept. 13, 1994, 108 Stat. 1861.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6702, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1012, related to payments to governments, prior to repeal by Pub. L. 99–272, title XIV, §14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

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

#### Deficit Neutrality

Pub. L. 103–322, title III, §31001(c), Sept. 13, 1994, 108 Stat. 1881, provided that: "Any appropriation to carry out the amendment made by this subtitle [subtitle J (§§31001, 31002) of title III of Pub. L. 103–322, enacting this chapter] to title 31, United States Code, for fiscal year 1995 or 1996 shall be offset by cuts elsewhere in appropriations for that fiscal year."
§ 2638.207 Annual report on the agency's ethics program. ( a ) By February 1 of each year, an agency must file with the Office of Government Ethics, pursuant to section 402(e)(1) of the Act, a report containing such information about the agency's ethics program as is requested by the Office of Government Ethics. The report must be filed electronically and in a manner consistent with the instructions of the Office of Government Ethics.
( b ) In order to facilitate the collection of required information by agencies, the Office of Government Ethics will provide agencies with advance notice regarding the contents of the report prior to the beginning of the reporting period for information that would be expected to be tracked over the course of the reporting period. Otherwise, it will provide as much notice as practicable, taking into consideration the effort required to collect the information.
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION III

801 Warrenville Road

Lisle IL 60532

No. III-00-46 August 16, 2000

CONTACT: Jan Strasma (630)829-9663/e-mail: rjs2@nrc.gov

Pam Alloway-Mueller (630)829-9662/e-mail: pla@nrc.gov

NRC CHAIRMAN RICHARD A. MESERVE AVAILABLE TO THE NEWS MEDIA

AUGUST 23 & 24 AT ILLINOIS PLANTS

Nuclear Regulatory Commission Chairman Richard A. Meserve will visit the LaSalle Nuclear

Power Plant near Seneca, Illinois, on August 23 and the Clinton Nuclear Power Plant near Clinton,

Illinois, on August 24.

Dr. Meserve will tour the sites and meet with plant officials and members of the NRC staff. He

will be available to members of the news media at the close of each of his plant visits.

Following a tour of the LaSalle plant, Dr. Meserve will be available to the news media at 3 p.m.

CDT August 23 at the Mazon Joint Public Information Center, 960 North Illinois Route 47 north of

Mazon. The plant is operated by the Commonwealth Edison Company.

Following a tour of the Clinton plant, the Chairman will be available to the news media at

12:45 p.m. CDT August 24 at the plant’s Energy and Environmental Center which is located six miles

east of Clinton on Route 54. The plant is operated by the AmerGen Energy Company.

A brief biography on Dr. Meserve can be found on the NRC’s web site at:

http://www.nrc.gov/NRC/WHATIS/meserve.vitae.html

#####
### §10. Waters in Louisiana Purchase as public highways

All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways.

(R.S. §5251.)

#### **Editorial Notes**

#### Codification

R.S. §5251 derived from act Mar. 3, 1811, ch. 46, §12, 2 Stat. 606.
### §3027. General qualification of officers for promotion to higher permanent grade

No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary.

(Pub. L. 107–372, title II, §227, Dec. 19, 2002, 116 Stat. 3085.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 854 of this title prior to repeal by Pub. L. 107–372.
§ 178.204 Order of payment precedence. To facilitate the settlement of the accounts of the deceased employees, money due an employee at the time of the employee's death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: ( a ) First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency prior to the employee's death;
( b ) Second, if there is no designated beneficiary, to the surviving spouse of the employee;
( c ) Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation;
( d ) Fourth, if none of the above, to the parents of the deceased employee or the survivor of them;
( e ) Fifth, if none of the above, to the duly appointed legal representative of the estate of the deceased employee; and
( f ) Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his or her death.
§ 143.7 Revocation of ABI participation. ( a ) *Fraud or misstatement of material fact.* If it is determined at any time that participation in the system was obtained through fraud or the misstatement of a material fact, the Executive Director, Trade Policy and Programs, Office of International Trade, will immediately revoke ABI participation.
( b ) *Risk of significant harm to system.* If the participant's continued use of ABI would pose a potential risk of significant harm to the integrity and functioning of the system, the Director, User Support Services Division, will immediately revoke ABI participation.
( c ) *Notification to participant.* The participant will be notified, electronically and in writing, by the applicable Director, of the revocation. The notice will specifically set forth the grounds and effective date of revocation, and the right to appeal the revocation to the Assistant Commissioner, Information and Technology, within 10 days following the date of the written notice of revocation.