alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anthony Valvo et al., Respondents, v Loyal Order of Moose 1614, Appellant.

(Appeal No. 2.)

[821 NYS2d 524]

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 28, 2005 in a personal injury action. The order, insofar as appealed from, denied that part of defendant’s motion for judgment notwithstanding the verdict or, in the alternative, to set aside the verdict and grant a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs *(see Smith v Catholic Med. Ctr. of Brooklyn & Queens,*155 AD2d 435 [1989]; *see also*CPLR 5501 [a] [1], [2]). Present — Hurlbutt, J.P., Gorski, Martoche and Pine, JJ.
### SUBCHAPTER II–B—HOME RULE FLEXIBLE GRANT DEMONSTRATION
exv10w1



 





EXHIBIT 10.1




AMENDMENT NO. 2

TO THE

FIRST INDUSTRIAL REALTY TRUST, INC.

2001 STOCK INCENTIVE PLAN




     AMENDMENT NO. 2 (the “Amendment”), to the First Industrial Realty Trust, Inc. 2001 Stock
Incentive Plan (the “Plan”) established and maintained by First Industrial Realty Trust, Inc., a
Maryland corporation (the “Company”). Capitalized terms used herein and not defined shall have the
meanings set forth in the Plan.



     WHEREAS, the Plan makes available for issuance a maximum of 2,300,000 shares of the Stock, up
to 950,000 of which are available for issuance under the Plan with respect to Stock Appreciation
Rights, Performance Share Awards and Restricted Stock Awards;



     WHEREAS, the Plan currently provides that the maximum number of shares of Stock subject to
Performance Share Awards and Restricted Stock Awards granted during a calendar year to any
Participant under the Plan shall be 100,000 shares;



     WHEREAS, Section 13 of the Plan reserves to the Board the right to amend the Plan at any time;




     WHEREAS, the Board has approved making the maximum number of shares available for grant under
the Plan available for any type of Award authorized under the Plan; and



     WHEREAS, the Board has approved increasing to 250,000 shares the maximum number of shares of
Stock subject to Performance Share Awards and Restricted Stock Awards that may be granted during a
calendar year to any Participant under the Plan.


SECTION 1. Amendment to Plan.





The fourth sentence of Section 3(a) of the Plan is hereby amended and restated as follows:




“Subject to adjustment as provided in Section 3(b) below, (i) the maximum number of
shares of Stock with respect to which Stock Options and Stock Appreciation Rights may be
granted during a calendar year to any participant under the Plan shall be 500,000 shares and
(ii) with respect to Performance Share Awards and Restricted Stock Awards, the maximum
number of shares of Stock subject to such awards granted during a calendar year to any
participant under the Plan shall be 250,000 shares.”



 









 




SECTION 2. Effective Date of the Amendment; Ratification and Confirmation.




     This Amendment shall become effective upon approval by the stockholders of the Company. In
all other respects, the Plan is hereby ratified and confirmed.


SECTION 3. Governing Law.




     THIS AMENDMENT SHALL BE GOVERNED BY NEW YORK LAW WITHOUT REGARD TO THE PRINCIPLES OF
CONFLICT OF LAWS THEREOF, EXCEPT TO THE EXTENT SUCH LAW IS PREEMPTED BY FEDERAL LAW.
Hon. Robert S. Calvert

Comptroller of Public Accounts Austin, Texas Dear Mr. Calvert: Re: Applicability of Oil Production Tax on Tank Bottoms You have asked this office for an opinion on whether tank bottoms are taxableunder the crude~oilproduction taxprovided for by Chapter 4, Title 122-A, Taxation-General,Vernon's Civil Statutes. This questionhas previously been answered General's Opinion O-1320 (1939)a copy of which by Attorney I am enclosing. Also, in State v. Stack, 199 S.W.2d 701 (Tex.Civ.App.1947), the Court has reaffirmed the position that tank bottom oil charged back to theproducer as part of his allowable is taxableunder the statute. The Court in that opinion stated:

"Themanner inwhich the Railroad Commission fixes this allowance is certainly shown to be reasonable. Permits are required to clean tanks; the bottoms tested in the presence of Railroad Commission employees, and all merchantable or pipe line oil is chargedback to the producer and only the remainder is moved and then only by permission of the Railroad Commission. SF precaution is taken to the end that al oil other than sediment is taxed." (Emphasis added) Therefore, in keeping with Attorney General!s Opinion O-1320 and State v. Stack, supra, it is the opinion of this office that oil which is removed from tank bottoms and is chargeableback to the producer as part of his allowable, as provided by Rules and Regulations of the Railroad Commission, is taxable under Chapter 4, Title 122A,Taxation-General,Vernon's Civil Statutes. SUMMARY Tank bottom oil that is chargeableback to the lease as part of theproducer's allowable -l-Mr. Robert S.Calvert,Page 2 (M-l)

is taxableunder the crude oil reduction tax as provided forby Chapter .f ,Title 122A,Taxation-General,Vernon's Civil Statutes. trulyyours,

tcms '2. MARTIN ney General of Texas
Prepared by Linward Shivers AE;istantAttorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman W. V. Geppert, Co-Chairman BillAllen Marvin F. Sentell John Pettit

STAFF LEGAL ASSISTANT: A. J. Carubbi, Jr.

-2-
##### 



RESTRICTED STOCK AWARD CERTIFICATE June 12, 2003 Exhibit 10.57 Drew A. Morin
1008 Howard Grove View
Davidsonville, MD 21035 USA Dear Drew: Pursuant to the terms and conditions of the TeleCommunication Systems, Inc.
Amended & Restated 1997 Stock Incentive Plan (the Plan), you have been
granted a Restricted Stock Award (the Award) for the number of shares (each
an Award Share, and collectively, the Award Shares) of the Class A common
stock, par value $0.01 per share (the Common Stock) of TeleCommunication
Systems, Inc. (the Company) as outlined below. This Certificate constitutes
part of and is subject to the terms and provisions of the attached Restricted
Stock Grant Agreement (the Agreement) which is incorporated herein by
reference. Granted To: Drew A. Morin     
(the Employee)
Grant Date: June 12, 2003
Award Shares Granted: 50,000
Vesting Schedule: 3-year Vesting 16,666 on 06/12/2004
16,667 on 06/12/2005
16,667 on 06/12/2006 By my signature below, I hereby acknowledge receipt of this Award granted on
the Grant Date shown above, which has been issued to me under the terms and
conditions of the Agreement and the Plan. I understand that I will forfeit all
unvested Award Shares at the close of business on my last day of employment at
TCS. I further acknowledge receipt of the Plan Prospectus and the latest annual
report or other SEC filing, and agree to be bound by all of the terms and
conditions of the Award, as evidenced in the Agreement, and the Plan. Signature: /s/ Drew A. Morin
    
    Date: ________________Drew A. Morin
 Note: If there are any discrepancies in the name or address shown above, please
make the appropriate corrections on this form.
No: II-15-022 April 13, 2015

CONTACT: Roger Hannah 404-997-4417 

Joey Ledford 404-997-4416 

NRC Begins Special Inspection at NFS Facility in Erwin

The Nuclear Regulatory Commission will begin a special inspection Tuesday at the Nuclear 

Fuel Services facility in Erwin, Tenn., to assess the circumstances surrounding an unplanned chemical 

reaction event.

That unplanned reaction occurred on April 4 in a two-liter bottle stored in an access-controlled 

storage area. The bottle contained cleaning materials, some nitric acid and a small amount of uranium.

There were no employee exposures or injuries during or after the event.

“Although no one was injured and there were no employee exposures, it could have been worse 

had employees been in that area at the time,” said NRC Region II Administrator Victor McCree. 

“Based on that potential, we needed to inspect exactly what happened and what steps are necessary to 

prevent it from happening again.” 

During the special inspection, the NRC will review the company’s response and 

investigation of the incident, develop a time line and determine the actual and potential safety 

significance of the incident.

The special inspection will begin Tuesday and is expected to continue for about a week. The 

NRC will issue a report within 30 days of the completion of the inspection.
#### § 1263.4 xxx

###### Cross Reference

Link to an amendment published at 88 FR 65303, Sept. 21, 2023.
###### Editorial Note on Part 922

#### Editorial Note:

Nomenclature changes to part 922 appear at 62 FR 3789, Jan. 27, 1997 and at 62 FR 67724, Dec. 30, 1997.

#### § 922.110 Boundary.

The Cordell Bank National Marine Sanctuary (Sanctuary) boundary encompasses a total area of approximately 971 square nautical miles (nmi2) (1,286 sq. mi.) of offshore ocean waters, and submerged lands thereunder, surrounding the submarine plateau known as Cordell Bank along the northern coast of California, approximately 45 nautical miles west-northwest of San Francisco, California. The precise boundary coordinates are listed in appendix A to this subpart. The northern boundary of the Sanctuary is a rhumb line that begins approximately 6 nautical miles (7 miles) west of Bodega Head in Sonoma County, California at Point 1 and extends west approximately 38 nautical miles (44 miles) to Point 2. This line is part of a shared boundary between the Sanctuary and Greater Farallones National Marine Sanctuary (GFNMS). The western boundary of the Sanctuary extends south from Point 2 approximately 34 nautical miles (39 miles) to Point 3. From Point 3 the Sanctuary boundary continues east 15 nautical miles (17 miles) to Point 4 where it intersects the GFNMS boundary again. The line from Point 3 to Point 4 forms the southernmost boundary of the Sanctuary. The eastern boundary of the Sanctuary is a series of straight lines connecting Points 4 through 20 in numerical sequence. The Sanctuary is coterminous with GFNMS along both its (the Sanctuary's) eastern and northern boundaries.

[80 FR 13115, Mar. 12, 2015, as amended at 80 FR 34048, June 15, 2015; 88 FR 966, Jan. 6, 2023]
§ 801.21 Securities and cash not considered assets when acquired. For purposes of determining the aggregate total amount of assets under Section 7A(a)(2)(A), Section 7A(a)(2)(B)(i), Sec. 801.13(b), and Sec. 802.4: ( a ) Cash shall not be considered an asset of the person from which it is acquired; and
( b ) Neither voting or nonvoting securities nor obligations referred to in section 7A(c)(2) shall be considered assets of another person from which they are acquired.
Examples: 1. Assume that acquiring person “A” acquires voting securities of issuer X from “B,” a person unrelated to X. Under this paragraph, the acquisition is treated only as one of voting securities, requiring “A” and “X” to comply with the requirements of the act, rather than one in which “A” acquires the assets of “B,” requiring “A” and “B” to comply. See also example 2 to § 801.30. Note that for purposes of section 7A(a)(2)—that is, for the next regularly prepared balance sheet of “A” referred to in § 801.11—the voting securities of X must be reflected after their acquisition; see § 801.11(c)(2). 2. In the previous example, if “A” acquires nonvoting securities of X from “B,” then under this section the acquisition would be treated only as one of nonvoting securities of X (and would be exempt under section 7A(c)(2)), rather than one in which “A” acquires assets of “B,” requiring “A” and “B” to comply. Again, the nonvoting securities of X would have to be reflected in “A's” next regularly prepared balance sheet for purposes of section 7A(a)(2). 3. In example 1, assume that “B” receives only cash from “A” in exchange for the voting securities of X. Under this section, “B's” acquisition of cash is *not* an acquisition of the “assets” of “A,” and “B” is not required to file notification as an acquiring person.
[43 FR 33537, July 31, 1978, as amended at 66 FR 8690, Feb. 1, 2001; 68 FR 2430, Jan. 17, 2003; 70 FR 4992, Jan. 31, 2005]
§ 1130.3 General requirements. ( a ) Each manufacturer of a durable infant or toddler product shall: ( 1 ) Provide consumers with a postage-paid consumer registration form that meets the requirements of this part 1130 with each such product;
( 2 ) Maintain a record in accordance with the requirements set forth in § 1130.8 of the contact information (names, addresses, e-mail addresses, and telephone numbers) of consumers who register their products with the manufacturer under this part 1130;
( 3 ) Permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product in accordance with the requirements set forth in § 1130.4.
( b ) Consumer information collected by a manufacturer pursuant to the requirements of this part 1130 shall not be used by the manufacturer, nor disseminated by the manufacturer to any other party, for any purpose other than notification to such consumer in the event of a product recall or safety alert.
[74 FR 68676, Dec. 29, 2009, as amended at 77 FR 9524, Feb. 17, 2012]
exv10w4



 





Exhibit 10.4




Summary of Director Compensation




	 	 	 	 	 
	Annual Retainers:
	 	 	 	 
	Director
	 	$	20,000	 
	In lieu of per meeting fees of the Board and Committees of the Board
	 	$	20,000	 
	Lead Director
	 	$	5,000	 
	Audit Committee — Chair
	 	$	5,000	 
	Compensation Committee — Chair
	 	$	5,000
§ 1605.1 Purposes, delegation, finding and how initiated. ( a ) An investigation under these rules is an undertaking by the Commission to obtain information for the purposes of enforcing or determining compliance with the Flammable Fabrics Act (15 U.S.C. 1191 *et seq.*) (“FFA”); the regulations, rules, standards, and orders promulgated thereunder; and those sections of the Federal Trade Commission Act (15 U.S.C. 41 *et seq.*) (“FTCA”) which are relevant to the enforcement and administration of the Flammable Fabrics Act. The term investigation includes, but is not limited to inspections (§ 1605.2); investigational hearings (§ 1605.6); and inquiries, employing orders of access (§ 1605.4), subpoenas (§ 1605.5), depositions (§ 1605.7), written interrogatories (§ 1605.9), and general or special orders (§ 1605.10).
( b ) An inspection as described in § 1605.2 is initiated when the Commission or its delegee authorizes the issuance of a written notice of inspection (hereinafter notice), described in § 1605.2(c). Investigations and inquiries will be initiated by the Commission in such manner as it deems proper.
( c ) The Commission hereby delegates to the Associate Executive Director for Compliance and Enforcement, the Director of the Enforcement Division, the Solicitor, and the Directors of Area Offices, the power to initiate inspections in the same manner as the Commission.
( d ) Finding. The Commission found on November 3, 1977 pursuant to section 30(d) of the Consumer Product Safety Act, as amended (“CPSA”) (15 U.S.C. 2079(d)) that the risk of injury associated with products regulated under the Flammable Fabrics Act cannot be eliminated or reduced to a sufficient extent by the issuance of procedures for investigations, inspections and inquiries under the Flammable Fabrics Act and the Federal Trade Commission Act (15 U.S.C. 41 *et seq.*). This finding is made to eliminate any confusion and uncertainty that may exist concerning the scope of the Commission's statutory authority under the Flammable Fabrics Act and Federal Trade Commission Act to conduct inspections and collect samples. The Commission is supplementing the authority granted to it under the FFA and FTCA with its powers under the CPSA while retaining the procedural safeguards and requirements of all of these acts. Accordingly, the Commission issues these rules pursuant to sections 16 and 27 of the CPSA (15 U.S.C. 2065 and 2076) and makes them applicable to products regulating under the FFA.
### §13414. Natural gas end-use technologies

The Secretary shall carry out a 5-year program, in accordance with sections 13541 and 13542 of this title, on new and advanced natural gas utilization technologies including, but not limited to—

(1) stationary source emissions control and efficiency improvements including combustion systems, industrial processes, cogeneration, and waste fuels; and

(2) natural gas storage including increased deliverability from existing gas storage facilities and new capabilities for storage near demand centers, and on-site storage at major energy consuming facilities.

(Pub. L. 102–486, title XX, §2014, Oct. 24, 1992, 106 Stat. 3060.)
December 30, 2014 

MEMORANDUM TO: Mark A. Satorius 

 Executive Director for Operations 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – COMSECY-14-0038 – TASKING TO 

DEVELOP MATERIAL CATEGORIZATION FOR POTENTIAL 

REPROCESSING FACILITIES 

The Commission has approved the staff’s recommendation to discontinue activities tracked 

under WITS201000189, from the Staff Requirements Memorandum for SECY-09-0123, which 

directed the staff to develop a detailed analysis and to provide recommendations for the use of 

a material categorization approach for potential reprocessing facilities and for applications that 

use or separate large quantities of americium and/or neptunium. 

cc: Chairman Macfarlane 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 Commissioner Burns 

 OGC 

 CFO 

 OCA 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR
§ 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of § 433.2(a). ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers' claims and defenses.
( b ) *Definitions.* The following definitions apply to this exemption: ( 1 ) All pertinent definitions contained in 16 CFR 433.1.
( 2 ) Open end consumer credit contract: a consumer credit contract pursuant to which “open end credit” is extended.
( 3 ) “Open end credit”: consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.
( 4 ) Contract which does not cut off consumers' claims and defenses: A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.
[42 FR 19490, Apr. 14, 1977, as amended at 42 FR 46510, Sept. 16, 1977]
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Douglas MacLeod, certify that:

 

1.           Ihave reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this reporton Form 10-K of CNH Equipment Trust 2019-B (the “Exchange Act periodic reports”);

 

2.           Basedon my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.           Basedon my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the periodcovered by this report is included in the Exchange Act periodic reports;

 

4.           Iam responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted inpreparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the ExchangeAct periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.           Allof the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports onassessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance withItem 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I havereasonably relied on information provided to me by the following unaffiliated parties: Citibank, N.A.

 

 

 

March 30, 2023
§ 0.5 Laws authorizing monetary claims. ( a ) The Commission is authorized to entertain monetary claims against it under three statutes. ( 1 ) The Federal Tort Claims Act (28 U.S.C. 2671-2680) provides that the United States will be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful acts or omissions of its employees acting within the scope of their employment or office.
( 2 ) The Military Personnel and Civilian Employees Claims Act of 1964 (31 U.S.C. 3701, 3721) authorizes the Commission to compensate employees' claims for damage to or loss of personal property incident to their service.
( 3 ) The Equal Access to Justice Act (5 U.S.C. 504 and 28 U.S.C. 2412) provides that an eligible prevailing party other than the United States will be awarded fees and expenses incurred in connection with any adversary adjudicative and court proceeding, unless the adjudicative officer finds that the agency was substantially justified or that special circumstances make an award unjust.
( b ) In addition, eligible parties, including certain small businesses, will be awarded fees and expenses incurred in defending against an agency demand that is substantially in excess of the final decision of the adjudicative officer and is unreasonable when compared with such decision under the facts and circumstances of the case, unless the adjudicative officer finds that the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Questions may be addressed to the Office of the General Counsel.
[86 FR 38545, July 22, 2021]
October 6, 2015 

MEMORANDUM TO: Victor McCree 

 Executive Director for Operations 

FROM: Annette L. Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – COMSECY-15-0024 – PROPOSED 

RULEMAKING ON SECURITY REQUIREMENTS FOR 

FACILITIES STORING SPENT NUCLEAR FUEL AND HIGHLEVEL RADIOACTIVE WASTE 

The Commission has approved the staff's recommendation to delay for a period of five years 

the commencement of a proposed rulemaking on security requirements for facilities storing 

spent nuclear fuel and high-level radioactive waste. 

At the end of the five-year period, the staff should re-evaluate whether rulemaking in this area is 

warranted. However, the staff notes several scenarios, including its evaluation in the context of 

the Project Aim re-baselining, under which the staff would accelerate this rulemaking. If the 

staff determines that acceleration of the rulemaking is warranted, the staff should provide the 

Commission with its basis for that determination before it reinitiates the rulemaking. 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 OGC 

 CFO 

 OCA 

 OPA 

 ODs, RAs, ACRS, ASLBP (via E-Mail) 

 PDR