alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5 T H C IR . R. 47.5, the court has determined that thi s opinio n should not * be publishe d an d is not precedent except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 08- 10676

A L IC E S H O C K E Y , P la in tiff-A p p e lla n t, ve r s us L A B O R A T O R YC O R P O R A T IO N O F A M E R IC A , D e fe n d a n t-A p p e lle e .

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f ort he N or t her n D i st r i c tof Texas N o. 3: 06- C V

- 1982

B e fo r e S M IT H , G A R Z A , a n dC L E M E N T , C ir c u it J u d g e s . P E R C U R I A M: *

A l i ce Sh ockey sued fora ge di scr i m i n ati on af t er s h e w as f

i red. Th e di st ri ct court den i ed r el i ef, concl u di n g t h at Sh ockey h ad been t erm i n ated for poor perf orm an ce. United States Court of App eals Fifth Circuit 

### F I L E D June 5, 20 09 Cha rl es R. F ulb ru g e II I ClerkN o. 08- 10676

2 W e ha ve read the bri efs and perti n en t pa rt s of t h e recor d, h ave con sul t ed t h e rel evan tcasel aw , an d h ave h eard the argu m en t s of coun sel
. W e f

i n d n o err o r , and c e r t ai nl y no cl e are r r o r , i n t he di s t r i c tc o ur t ’ s f i ndi ngs o f

fac to rc o nc l usion s of l a w . In su m m a ry , the cou rt corre ctl y f ou n d th a t t h e em p l oy er “term i n a ted P l ai n t i f

f b ecau se i th el d a good fai t h b el i ef tha tP l ai n t i f

f d i d n otm eeth er quota [, a n dP ]la in tiff, in fa c t, d idn o t m e e t h e rq u o ta , o rm e e t t h e e x p e c ta tio n s la id
o u t in h e rP e r fo r m a n c e Im p r o v e m e n t P la n .” T h e j u d g me n ti s A F F I RMED.
### §16022. Project management

#### (a) Departmental management

#### (1) In general

The Project shall be managed in the Department by the Office of Nuclear Energy, Science, and Technology.

#### (2) Generation IV Nuclear Energy Systems program

The Secretary may combine the Project with the Generation IV Nuclear Energy Systems Initiative.

#### (3) Existing DOE project management expertise

The Secretary may utilize capabilities for review of construction projects for advanced scientific facilities within the Office of Science to track the progress of the Project.

#### (b) Laboratory management

#### (1) Lead Laboratory

The Idaho National Laboratory shall be the lead National Laboratory for the Project and shall collaborate with other National Laboratories, institutions of higher education, other research institutes, industrial researchers, and international researchers to carry out the Project.

#### (2) Industrial partnerships

#### (A) In general

The Idaho National Laboratory shall organize a consortium of appropriate industrial partners that will carry out cost-shared research, development, design, and construction activities, and operate research facilities, on behalf of the Project.

#### (B) Cost-sharing

Activities of industrial partners funded by the Project shall be cost-shared in accordance with section 16352 of this title.

#### (C) Preference

Preference in determining the final structure of the consortium or any partnerships under this part shall be given to a structure (including designating as a lead industrial partner an entity incorporated in the United States) that retains United States technological leadership in the Project while maximizing cost sharing opportunities and minimizing Federal funding responsibilities.

#### (3) Prototype plant siting

The prototype nuclear reactor and associated plant shall be sited at the Idaho National Laboratory in Idaho.

#### (4) Reactor test capabilities

The Project shall use, if appropriate, reactor test capabilities at the Idaho National Laboratory.

#### (5) Other Laboratory capabilities

The Project may use, if appropriate, facilities at other National Laboratories.

(Pub. L. 109–58, title VI, §642, Aug. 8, 2005, 119 Stat. 795.)
### §1856e. Reimbursement of fire funds

#### (a) Definition of State

In this section, the term "State" means—

(1) a State; and

(2) the Commonwealth of Puerto Rico.

#### (b) In general

If a State seeks reimbursement for amounts expended for resources and services provided to another State for the management and suppression of a wildfire, the Secretary, subject to subsections (c) and (d)—

(1) may accept the reimbursement amounts from the other State; and

(2) shall pay those amounts to the State seeking reimbursement.

#### (c) Mutual assistance agreement

As a condition of seeking and providing reimbursement under subsection (b), the State seeking reimbursement and the State providing reimbursement must each have a mutual assistance agreement with the Forest Service or another Federal agency for providing and receiving wildfire management and suppression resources and services.

#### (d) Terms and conditions

The Secretary may prescribe the terms and conditions determined to be necessary to carry out subsection (b).

#### (e) Effect on prior reimbursements

Any acceptance of funds or reimbursements made by the Secretary before February 7, 2014, that otherwise would have been authorized under this section shall be considered to have been made in accordance with this section.

(Pub. L. 113–79, title VIII, §8304, Feb. 7, 2014, 128 Stat. 924.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Agricultural Act of 2014, and not as part of act May 27, 1955, which comprises this subchapter.

Section is comprised of section 8304 of Pub. L. 113–79. Subsec. (f) of section 8304 of Pub. L. 113–79 amended section 1856d of this title.

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

#### Definition of "Secretary"

"Secretary" means the Secretary of Agriculture, see section 9001 of Title 7, Agriculture.
Subpart 3427.4—Rights in Data and Copyrights    **Parent topic:** PART 3427—PATENTS, DATA, AND COPYRIGHTS3427.409 Solicitation provisions and contract clauses.       (a) The contracting officer must insert the clause at 3452.227–70 (Publication and publicity) in all solicitations and contracts other than purchase orders.          (b) The contracting officer must insert the clause at 3452.227–71 (Advertising of awards) in all solicitations and contracts other than purchase orders.          (c) The contracting officer must insert the clause at 3452.227–72 (Use and non-disclosure agreement) in all contracts over the simplified acquisition threshold, and in contracts under the simplified acquisition threshold, as appropriate.          (d) The contracting officer must insert the clause at 3452.227–73 (Limitations on the use or disclosure of Government-furnished information marked with restrictive legends) in all contracts of third party vendors who require access to Government-furnished information including other contractors' technical data, proprietary information, or software.
§ 229.1008 (Item 1008) Interest in securities of the subject company. ( a ) *Securities ownership.* State the aggregate number and percentage of subject securities that are beneficially owned by each person named in response to Item 1003 of Regulation M-A (§ 229.1003) and by each associate and majority-owned subsidiary of those persons. Give the name and address of any associate or subsidiary. *Instructions to Item 1008(a).* 1. For purposes of this section, beneficial ownership is determined in accordance with Rule 13d-3 (§ 240.13d-3 of this chapter) under the Exchange Act. Identify the shares that the person has a right to acquire. 2. The information required by this section may be based on the number of outstanding securities disclosed in the subject company's most recently available filing with the Commission, unless the filing person has more current information. 3. The information required by this section with respect to officers, directors and associates of the subject company must be given to the extent known after making reasonable inquiry.
( b ) *Securities transactions.* Describe any transaction in the subject securities during the past 60 days. The description of transactions required must include, but not necessarily be limited to: ( 1 ) The identity of the persons specified in the Instruction to this section who effected the transaction;
( 2 ) The date of the transaction;
( 3 ) The amount of securities involved;
( 4 ) The price per share; and
( 5 ) Where and how the transaction was effected.
*Instructions to Item 1008(b).* 1. Provide the required transaction information for the following persons: (a) The filing person (for all schedules); (b) Any person named in Instruction C of the schedule and any associate or majority-owned subsidiary of the issuer or filing person (for all schedules except Schedule 14D-9 (§ 240.14d-101 of this chapter)); (c) Any executive officer, director, affiliate or subsidiary of the filing person (for Schedule 14D-9 (§ 240.14d-101 of this chapter); (d) The issuer and any executive officer or director of any subsidiary of the issuer or filing person (for an issuer tender offer on Schedule TO (§ 240.14d-100 of this chapter)); and (e) The issuer and any pension, profit-sharing or similar plan of the issuer or affiliate filing the schedule (for a going-private transaction on Schedule 13E-3 (§ 240.13e-100 of this chapter)). 2. Provide the information required by this Item if it is available to the filing person at the time the statement is initially filed with the Commission. If the information is not initially available, it must be obtained and filed with the Commission promptly, but in no event later than three business days after the date of the initial filing, and if material, disclosed in a manner reasonably designed to inform security holders. The procedure specified by this instruction is provided to maintain the confidentiality of information in order to avoid possible misuse of inside information.
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.21F-7 Confidentiality of submissions. ( a ) Pursuant to Section 21F(h)(2) of the Exchange Act (15 U.S.C. 78u-6(h)(2)) and § 240.21F-2(c), the Commission will not disclose information that could reasonably be expected to reveal the identity of a whistleblower provided that the whistleblower has submitted information utilizing the processes specified in § 240.21F-9(a), except that the Commission may disclose such information in the following circumstances: ( 1 ) When disclosure is required to a defendant or respondent in connection with a Federal court or administrative action that the Commission files or in another public action or proceeding that is filed by an authority to which we provide the information, as described below;
( 2 ) When the Commission determines that it is necessary to accomplish the purposes of the Exchange Act (15 U.S.C. 78a) and to protect investors, it may provide your information to the Department of Justice, an appropriate regulatory authority, a self regulatory organization, a state attorney general in connection with a criminal investigation, any appropriate state regulatory authority, the Public Company Accounting Oversight Board, or foreign securities and law enforcement authorities. Each of these entities other than foreign securities and law enforcement authorities is subject to the confidentiality requirements set forth in Section 21F(h) of the Exchange Act (15 U.S.C. 78u-6(h)). The Commission will determine what assurances of confidentiality it deems appropriate in providing such information to foreign securities and law enforcement authorities.
( 3 ) The Commission may make disclosures in accordance with the Privacy Act of 1974 (5 U.S.C. 552a).
( b ) You may submit information to the Commission anonymously. If you do so, however, you must also do the following: ( 1 ) You must have an attorney represent you in connection with both your submission of information and your claim for an award, and your attorney's name and contact information must be provided to the Commission at the time you submit your information;
( 2 ) You and your attorney must follow the procedures set forth in § 240.21F-9 of this chapter for submitting original information anonymously; and
( 3 ) Before the Commission will pay any award to you, you must disclose your identity to the Commission and your identity must be verified by the Commission as set forth in § 240.21F-10 of this chapter.
[76 FR 34363, June 13, 2011, as amended at 85 FR 70944, Nov. 5, 2020]
Exhibit 10.2(b)


   Schedule of Secured Convertible Note (refinancings after October 31, 2005)
        Issued by NCT Group, Inc. to Carole Salkind on January 12, 2006



    Issue Date       Due Date          Principal           Conversion Price
    ----------       --------          ---------           ----------------
     01/12/06        07/12/06       $31,637,249.49      Greater of: (i) $0.0037;
                                                        or (ii) the par value of
                                                        NCT Group, Inc.
                                                        common stock on the
                                                        date of conversion
# Subpart 3407.1—Acquisition Plans

**Parent topic:**PART 3407—ACQUISITION PLANNING

## 3407.103 Agency-head responsibilities.

The SPE is the agency head's designee for the purposes of FAR 7.103.
V.P. Operations 

EL'7JI.tiL'7NX El AI Israel Airlines, Head Office 

o'mn n•J.J. •Jil P.O.B 41 Ben Gurion Airport 70100, Israel 

Tel: 972-3-9717210 

Fax: 972-3-9716200 

E~mail: talbeC(@elal.co.il 

Ref. No 404-154 

21/08/2016 

To: Federal Aviation Administration 

Regulatory Dockets 

Orville Wright Building (FOB-I OA) 

800 Independence Avenue, SW 

Washington, DC 20591 

Tel: 972-3-9717210 Fax: 972-3-9716200 

Subject: Time-limited Exemption from 14 CFR 91.227 (c) (l)(i) and (iii) - Automatic 

Dependent Surveillance Broadcast CADS-B) Out Equipment Performance Requirements 

Reference: Grant of Exemption Number 12555, regulatory docket no. FAA-2015-0971 

Grant of Exemption No. 12555 provides for a time-limited grant of exemption from the ADSB Navigation Integrity Category (NIC) and Navigation Accuracy Category for position 

(NACp) requirements of 14 CFR section 9l.227(c)(l)(i) and (iii) from January I, 2020 

through December 31, 2024. 

EL AL ISRAEL AIRLINES, , Head Office P.O.B 41 Ben Gurion Airport 70100, Israel 

herby notifies the FAA that we intend to comply with tbe conditions and limitations 

expressed in the exemption cited above. 

Sincerely, 

Captain Tal Becker 

EL AL V.P. operations 

Captain, Tal Becker 

Vice President Operations 

EL."7Jit1L'7N.X 

Cc: Mr. David Maimon- EL AL, C.E.O 

Captain Edo Sharon - EL AL, Chief of Flight Operations 

Mr. Yigal Kimelman- El AL, Director of Operation Ctrl Div. 

AFS-1 

CMO/CHDO/FSDO 

www.elal.co.il 03·9716111.'70 70100 llfl'D 41.l.n ll'liJ p il91Yn loJ ,'\U){IlliU'O D"'YJ li<l\U'/l•lr< •J•m /yIN
AIR

- 15

- 044

- E November 18, 2014

Exemption No. 8496C

Regulatory Docket No. FAA

- 20 04

- 18662

Mr. Kevin Boissonneault

Program Manager

Department of Homeland Security

Customs and Border Protectio n

Air and Marine Operations

1300 Pennsylvania Ave., N.W.

Washington, D.C. 20229

Dear Mr. Boissonneault :

This letter is to inform you that we have granted your petition to extend Exemption No. 8496

. It explains the basis for our decision and describes i ts effect

.

The Basis for Our Decision

By letter dated October 1, 2014 , you petitioned the Federal Aviation Administration (FAA) on

behalf of the Department of Homeland Security, Customs and Border Protection, Air and

Marine Opera tions (DHS) for an extensi on of Exemption No. 8496 , as amended . That

exemption from §§ 45.25, 45.27(a), 45.29(a), (b), (f), and (h) of Title 14, Code of Federal

Regulations (14 CFR) allows DHS to use smaller aircraft registration markings than required

by the regulation s , to accom modate the DHS livery.

In your petition, you indicate that there has been no change in the conditions and reasons

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exist s for not publishing a summary of the petition

in the Federal Register bec ause the requested extension of the exemption would not set a

precedent, and any delay in acting on this petition would be detrimental to DHS.2

Our Decision

The FAA has determined tha t the justification for the issuance of Exemption No. 8496

remains valid with respect to this exemption and is in the public interest. Therefore, under the

authority provided by 49 U.S.C. §§ 106(f), 40113

, and 44701, which the FAA Administrator

has delegat ed to me, I grant Department of Homeland Security, Customs and Border

Protection, Air and Marine Opera tions this exemption to allow Department of Homeland

Security, Customs and Border Protection, Air and Marine Opera tions (DHS) to use smaller

aircraft regi stration markings than required by the regulation s , to accommodate the DHS

livery.

The Effect of Our Decision

Thi s exemption terminates on February 28, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

Frank P. Paskiewicz

Deputy Director, Aircr aft Certification Service
[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Notices]
[Page 71063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26888]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Neurological Disorders and Stroke; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders 
and Stroke Special Emphasis Panel, Microarray Consortium.
    Date: December 8, 2004.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: The Jefferson Hotel, 1200 Sixteenth Street, NW., 
Washington DC, 20036.
    Contact Person: Richard D. Crosland, PhD, Scientific Review 
Administrator, Scientific Review Branch, Division of Extramural 
Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Blvd., 
Suite 3208, MSC 9529, Bethesda, MD 20892-9529, (301) 594-0635, 
<a href="/cdn-cgi/l/email-protection#95e7f6a7a4ade0d5fbfcfdbbf2fae3"><span class="__cf_email__" data-cfemail="71031243404904311f18195f161e07">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, 
Clinical Research Related to Neurological Disorders; 93.854, 
Biological Basis Research in the Neurosciences, National Institutes 
of Health, HHS)


    Dated: November 30, 2004.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 04-26888 Filed 12-7-04; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
### §14222. Transferred

#### **Editorial Notes**

#### Codification

Section 14222 was editorially reclassified as section 12642 of Title 34, Crime Control and Law Enforcement.
#### Gerald J. Furibondo, Appellant, v Eastman Kodak Company, Respondent.

[821 NYS2d 702]

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 4, 2006. The order granted defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that *1197his termination from employment with defendant was in violation of his contractual rights pursuant to a provision of defendant’s resolution and support services policy (RSSP) because defendant denied his request for his termination appeal to be determined by a peer/management panel as opposed to a single adjudicator. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. “It is well settled that absent an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party, for any reason or even for no reason” *(DeSimone v Supertek, Inc.,*308 AD2d 501, 502 [2003]; *see Lobosco v New York Tel. Co./NYNEX,*96 NY2d 312, 316 [2001]). Defendant met its initial burden by establishing as a matter of law that the at-will presumption is applicable to plaintiff, and plaintiff failed to raise an issue of fact to defeat the motion *(see generally Zuckerman v City of New York,*49 NY2d 557, 562 [1980]). Even assuming, arguendo, that plaintiff established that the provisions of the RSSP constitute “an express written policy limiting [defendant’s] right of discharge,” we conclude that he failed to raise the requisite issue of fact whether he “detrimentally relied on that policy in accepting [the] employment” *(Lobosco,*96 NY2d at 316; *see Maas v Cornell Univ.,*94 NY2d 87, 93 [1999]; *Matter of LaDuke v Hepburn Med. Ctr.,*239 AD2d 750, 753-754 [1997], *lv denied*91 NY2d 802 [1997]). Present — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.
[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Notices]
[Page 70663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26947]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: Election Assistance Commission.

ACTION: Notice of public meeting agenda.

-----------------------------------------------------------------------

DATE AND TIME: Tuesday, December 14, 2004, 10 a.m.-12 Noon.

PLACE: U.S. Election Assistance Commission, 1225 New York Ave., NW., 
Suite 1100, Washington, DC 20005. (Metro Stop: Metro Center.)

AGENDA: The Commission will receive updates and reports on the 
following: Title II Requirements Payments; Budget Update; EAC's 2005 
HAVA Implementation Action Plan; Other Programmatic Updates and 
Administrative Matters.

PERSON TO CONTACT FOR INFORMATION: Bryan Whitener, Telephone: (202) 
566-3100.

Gracia M. Hillman,
Vice-Chair, U.S. Election Assistance Commission.
[FR Doc. 04-26947 Filed 12-3-04; 12:37 pm]
BILLING CODE 6820-YN-M