alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Brenda Ramsey et al., Appellants, v Mt. Vernon Board of Education et al., Respondents.

[821 NYS2d 651]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Colabella, J.), entered February 17, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

While landowners have a duty to prevent the occurrence of foreseeable injuries on their premises, they are not obligated to warn against a condition that could be readily observed by the reasonable use of one’s senses *(see Dawson v Cafiero,*292 AD2d 488 [2002]; *Moriello v Stormville Airport Antique Show & Flea*
      *1008
      *Mkt.,*271 AD2d 664 [2000]; *Patrie v Gorton,*267 AD2d 582 [1999]), and, was not inherently dangerous *(see Cupo v Karfunkel,*1 AD3d 48 [2003]). Here, the wet cafeteria floor upon which the plaintiff Brenda Ramsey (hereinafter the plaintiff) slipped and fell was readily observable by a reasonable use of the plaintiff’s senses, and the condition of the floor being mopped with water was not inherently dangerous. Further, the plaintiff acknowledged that she saw the wet floor, was aware that it was being mopped immediately before she walked across it, and was aware that this was a daily occurrence. Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint *(see Bush v Brentwood Veterans War Mem.,*302 AD2d 546 [2003]; *Dawson v Cafiero, supra).*

The plaintiffs’ remaining contentions are without merit. Miller, J.P., Santucci, Rivera and Lifson, JJ., concur.
Subpart 3402.1—Definitions

Parent topic: PART 3402—DEFINITIONS OF WORDS AND TERMS

3402.101 Definitions.

As used in this chapter—

Chief of the Contracting Office or COCO means an official serving in the contracting activity

(Contracts and Acquisition Management (CAM) or FSA Acquisitions) as the manager of a group that

awards and administers contracts for a principal office of the Department. See also definition of

Head of the Contracting Activity or HCA in this section.

Department or ED means the United States Department of Education.

Head of the Contracting Activity or HCA means those officials within the Department who have

responsibility for and manage an acquisition organization and usually hold unlimited procurement

authority. The Executive Director, Federal Student Aid Acquisitions, is the HCA for FSA. The

Director, Contracts and Acquisitions Management (CAM), is the HCA for all other Departmental

program offices and all boards, commissions, and councils under the management control of the

Department.

Performance-Based Organization or PBO is the office within the Department that is mandated by

Public Law 105–244 to carry out Federal student assistance or aid programs and report to Congress

on an annual basis. It may also be referred to as “Federal Student Aid.”

Requiring activity means the principal office charged with meeting or supporting a mission and

delivering requirements. The requiring activity is responsible for obtaining funding or developing

the program objectives. The requiring activity may also be the organizational unit that submits a

written requirement or statement of need for services required by a contract.

Senior Procurement Executive or SPE means the single agency official appointed as such by the

head of the agency and delegated broad responsibility for acquisition functions, including issuing

agency acquisition policy and reporting on acquisitions agency-wide. The SPE also acts as the

official one level above the contracting officer when the HCA is acting as a contracting officer.
DIRECTV HOLDINGS LLC

Exhibit 32.4

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of DIRECTV Financing Co., Inc. (the "Corporation") on
Form 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Patrick T. Doyle, Executive Vice
President and Chief Financial Officer of the Corporation, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:



|                                                                                                      |  | 
|----------------------------------------------------------------------------------------------------- |  | 
|/s/ PATRICK T. DOYLE Patrick T. Doyle Executive Vice President and Chief Financial OfficerMay 7, 2009 |  | 

---



QuickLinks
### §17198. Geothermal workforce development

The Secretary shall support the development of a geothermal energy workforce through a program that—

(1) facilitates collaboration between university students and researchers at the National Laboratories; and

(2) prioritizes science in areas relevant to the mission of the Department through the application of geothermal energy tools and technologies.

(Pub. L. 110–140, title VI, §619, Dec. 19, 2007, 121 Stat. 1683; Pub. L. 116–260, div. Z, title III, §3002(h)(1), Dec. 27, 2020, 134 Stat. 2495.)

#### **Editorial Notes**

#### Amendments

2020—Pub. L. 116–260 amended section generally. Prior to amendment, section read as follows: "The Secretary shall expand the Department of Energy's GeoPowering the West program to extend its geothermal technology transfer activities throughout the entire United States. The program shall be renamed 'GeoPowering America'. The program shall continue to be based in the Department of Energy office in Golden, Colorado."

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

#### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
#### § 230.455 Place of filing.

All registration statements and other papers filed with the Commission shall be filed at its principal office. Such material may be filed by delivery to the Commission; provided, however, that only registration statements and post-effective amendments thereto filed pursuant to Rule 462(b) (§ 230.462(b)) and Rule 110(d) (§ 230.110(d)) may be filed by means of facsimile transmission.

[73 FR 969, Jan. 4, 2008]
### §18341. Commercial Cargo Development program

The Administrator shall continue to support the existing Commercial Resupply Services program, aimed at enabling the commercial space industry in support of NASA to develop reliable means of launching cargo and supplies to the ISS throughout the duration of the facility's operation. The Administrator may apply funds towards the reduction of risk to the timely start of these services, specifically—

(1) efforts to conduct a flight test;

(2) accelerate development; and

(3) develop the ground infrastructure needed for commercial cargo capability.

(Pub. L. 111–267, title IV, §401, Oct. 11, 2010, 124 Stat. 2820; Pub. L. 115–10, title III, §302(f), Mar. 21, 2017, 131 Stat. 26.)

#### **Editorial Notes**

#### Amendments

2017—Pub. L. 115–10 substituted "Commercial Resupply Services" for "Commercial Orbital Transportation Services" in introductory provisions.
Exh. 10.9.6

ACKNOWLEDGMENT OF  FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT  AND  REAFFIRMATION OF UNCONDITIONAL GUARANTY AND DEED OF TRUST,  SECURITY AGREEMENT AND FIXTURE FILING

SECTION 1.THE GERALD J. BURNETT AND MARJORIE J. BURNETT REVOCABLE
TRUST(the "Guarantor") executed in favor ofCOMERICA BANK, successor by merger
of Comerica Bank - California ("Bank") an Unconditional Guaranty dated as of December 16, 2002 (the
"Guaranty"), which Guaranty is secured by a Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents and Leases) dated as of
December 16, 2002 and executed by Guarantor in favor of Bank (the "Deed of Trust"). Guarantor hereby acknowledges and confirms that it has reviewed and
approves of the terms and conditions of that certain Loan and Security Agreement dated dated as of February 27, 2002, (as amended by that certain First Amendment to Loan and Security Agreement
dated December 16, 2002, Second Amendment to Loan and Security Agreement dated March 10, 2003, Third Amendment to Loan and Security Agreement dated July 2, 2003 and Fourth
Amendment to Loan and Security Agreement dated February 27, 2004, the "Agreement"), by and betweenAVISTAR COMMUNICATIONS
CORPORATION(the "Borrower") and Bank.

SECTION 2.Guarantor hereby consents to the Agreement and agrees that its guaranty of Borrower's obligations as set forth in
the Guaranty and the Deed of Trust shall continue in full force and effect, shall be valid and enforceable, and shall not be impaired or otherwise affected by the execution of the Agreement, any
further amendments, renewals or extensions of the Agreement, or any other document or instrument delivered in connection herewith or therewith.

[Signatures
on Next Page]

1

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|Dated as of February 24, 2004 |  | GUARANTOR:          
|----------------------------- |  | --------------------
|                              |  |                     
|                              |  |                     
|                              |  |                     
|                              |  |                     
|                              |  |                     
|                              |  |                     
|                              |  |                     
|APPROVED AND ACCEPTED         |  |                     
|COMERICA BANK                 |  |                     
|By:                           |  | /s/ Robert Fernandez
|Name:                         |  |                     
|Title: Vice President         |  |                     

2

---

QuickLinks
132 STAT. 5086 PUBLIC LAW 115–362—DEC. 21, 2018 

LEGISLATIVE HISTORY—H.R. 6020: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Sept. 13, considered and passed House. 

Dec. 12, considered and passed Senate. 

Æ 

Public Law 115–362 

115th Congress 

An Act 

To designate the facility of the United States Postal Service located at 325 South 

Michigan Avenue in Howell, Michigan, as the ‘‘Sergeant Donald Burgett Post 

Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SERGEANT DONALD BURGETT POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 325 South Michigan Avenue in Howell, Michigan, 

shall be known and designated as the ‘‘Sergeant Donald Burgett 

Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Sergeant Donald Burgett Post Office Building’’. 

Approved December 21, 2018. 

Dec. 21, 2018 

[H.R. 6020] 


dkrause on DSKBC28HB2PROD with PUBLAWS
<PAGE>

                                                                    EXHIBIT 10.2

                                ADMITTED PARTNERS
                    OF BRANDYWINE OPERATING PARTNERSHIP, L.P.
                              AS OF JANUARY 6, 2006

Brian F. Belcher
Jack R. Loew
Brandywine Holdings I, Inc.
Brandywine Realty Trust
R. Randle Scarborough
M. Sean Scarborough
Steven L. Shapiro
Robert K. Scarborough
Raymond Perkins
Brookstone Investors, LLC
Brookstone Holdings of Delaware 4, LLC
Brookstone Holdings of Delaware 5, LLC
Brookstone Holdings of Delaware 6, LLC
John S. Trogner, Sr.
John S. Trogner, Jr.
Blair S. Trogner, Sr.
Ronalee B. Trogner
Candis C. Trogner
Arthur & Marion Eberstein
Calvin Axinn
Estate Irving Hirshman
Trust UTW of Theodore Geffner
Gloria Kantor
Helen Geffner
Howard Kantor
Leo Guthart
Leonard Axinn
Donald E. Axinn
William H. Goodwin, Jr.
TRC Associates Limited
Michael V. Prentiss
Thomas F. August
August Family Investments, LTD.
Dennis J. DuBois
Prentiss Credit Shelter Trust
Steven A. Stattner
The F.M. (Bruce) Brusseau Trust
Newport National Corporation
Scott R. Brusseau
Jeffrey A. Brusseau
D. Kent Dahlke
Kenneth L. Hatfield



<PAGE>

Michael G. Tombari
James J. Gorman
Christopher J. Knauer
The Jon Q. Reynolds and Ann S. Reynolds Family Trust
The David A. Brown Family Trust
The Revocable Trust Declaration of Thomas K. Terrill and Susan Jean Terrill
The Redford Family Trust
The Judith B. Brown 1992 Trust
The Peter M. Reynolds and Christina A. Reynolds Family Trust
C. Thomas Martz
Karen Leigh Brown
Tara Lynne Brown
Kristen Ann Brown
The Reynolds Family Partners

GENERAL PARTNER
---------------
Brandywine Realty Trust
### §13725. Transferred

#### **Editorial Notes**

#### Codification

Section 13725 was editorially reclassified as section 12124 of Title 34, Crime Control and Law Enforcement.
|         |                                                                                                                                                                                                                                                                                     |
|---------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | the Company’s quarterly report on Form 10-Q for the quarter ended March 31, 2015 filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |

|         |                                                                                                                                                      |
|---------|------------------------------------------------------------------------------------------------------------------------------------------------------|
| • | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

|        |
|--------|
|        |  |  |  |  |
| Dated: | May 5, 2015 | By   | /s/ D. Craig Mense   |   |
|   |   |   | D. Craig Mense  |   |
|   |   |   | Chief Financial Officer  |   |
### §16233. Low-cost renewable hydrogen and infrastructure for vehicle propulsion

The Secretary shall—

(1) establish a research, development, and demonstration program to determine the feasibility of using hydrogen propulsion in light-weight vehicles and the integration of the associated hydrogen production infrastructure using off-the-shelf components; and

(2) identify universities and institutions that—

(A) have expertise in researching and testing vehicles fueled by hydrogen, methane, and other fuels;

(B) have expertise in integrating off-the-shelf components to minimize cost; and

(C) within 2 years can test a vehicle based on an existing commercially available platform with a curb weight of not less than 2,000 pounds before modifications, that—

(i) operates solely on hydrogen;

(ii) qualifies as a light-duty passenger vehicle; and

(iii) uses hydrogen produced from water using only solar energy.

(Pub. L. 109–58, title IX, §933, Aug. 8, 2005, 119 Stat. 872.)
### §1973aa–1a. Transferred

#### **Editorial Notes**

#### Codification

Section 1973aa–1a was editorially reclassified as section 10503 of Title 52, Voting and Elections.
132 STAT. 5116 PUBLIC LAW 115–378—DEC. 21, 2018 

LEGISLATIVE HISTORY—H.R. 6621: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Nov. 29, considered and passed House. 

Dec. 12, considered and passed Senate. 

Æ 

Public Law 115–378 

115th Congress 

An Act 

To designate the facility of the United States Postal Service located at 530 East 

Main Street in Johnson City, Tennessee, as the ‘‘Major Homer L. Pease Post 

Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. MAJOR HOMER L. PEASE POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 530 East Main Street in Johnson City, Tennessee, 

shall be known and designated as the ‘‘Major Homer L. Pease 

Post Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Major Homer L. Pease Post Office’’. 

Approved December 21, 2018. 

Dec. 21, 2018 

[H.R. 6621] 


dkrause on DSKBC28HB2PROD with PUBLAWS
###### 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.

#### § 240.12b-36 Use of financial statements filed under other acts.

Where copies of certified financial statements filed under other acts administered by the Commission are filed with a statement or report, the accountant's certificate shall be manually signed or manually signed copies of the certificate shall be filed with the financial statements. Where such financial statements are incorporated by reference in a statement or report, the written consent of the accountant to such incorporation by reference shall be filed with the statement or report. Such consent shall be dated and signed manually.

(Secs. 4, 16, 19, 24, 48 Stat. 77, 896, 85, as amended, 901; 15 U.S.C. 77d, 78p, 77s, 78x)

[30 FR 2023, Feb. 13, 1965]
§ 10.9 Separation of functions. ( a ) An Administrative Law Judge will not be responsible to or subject to the supervision or direction of any officer, employee, or agent of the Commission engaged in the performance of investigative or prosecutorial functions for the Commission.
( b ) No officer, employee or agent of the Commission who is engaged in the performance of investigative or prosecuting functions in connection with any proceeding shall, in that proceeding or any factually related proceeding, participate or advise in the decision of the Administrative Law Judge or the Commission except as witness or counsel in the proceeding, without the express written consent of the respondents in the proceeding. This provision shall not apply to the members of the Commission.
[41 FR 2511, Jan. 16, 1976, as amended at 63 FR 55791, Oct. 19, 1998]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE FINANCIAL
STATEMENTS OF THE CLOROX COMPANY FOR THE FISCAL YEAR ENDED JUNE 30, 1996, AS
PRESENTED IN THE CLOROX COMPANY'S FORM 10-K FOR SUCH PERIOD, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                           48897
<SECURITIES>                                     41931
<RECEIVABLES>                                   316627
<ALLOWANCES>                                      1521
<INVENTORY>                                     138848
<CURRENT-ASSETS>                                573845
<PP&E>                                          961281
<DEPRECIATION>                                  409844
<TOTAL-ASSETS>                                 2178894
<CURRENT-LIABILITIES>                           623886
<BONDS>                                         356267
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         55422
<OTHER-SE>                                      877406
<TOTAL-LIABILITY-AND-EQUITY>                   2178894
<SALES>                                        2217843
<TOTAL-REVENUES>                               2217843
<CGS>                                          1007200
<TOTAL-COSTS>                                  1802803
<OTHER-EXPENSES>                                  6365
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               38288
<INCOME-PRETAX>                                 370387
<INCOME-TAX>                                    148295
<INCOME-CONTINUING>                             222092
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    222092
<EPS-PRIMARY>                                     2.14
<EPS-DILUTED>                                     2.12
        

</TABLE>
### Part E—Program To Assist and Encourage Voluntary Discontinuance of Unneeded Hospital Services and Conversion of Unneeded Hospital Services to Other Health Services Needed by Community

#### **Editorial Notes**

#### Codification

Pub. L. 96–79, title II, §202(a), title III, §301(a), Oct. 4, 1979, 93 Stat. 632, 636, added part E relating to program to assist and encourage voluntary discontinuance of unneeded hospital services and conversion of unneeded hospital services to other health services needed by the community and redesignated former part E as part C.
#### Mabel Smith, Respondent, v. 501 Washington, Inc., Appellant.

All concur, except McCurn, J., who dissents and votes for affirmance in the following, memorandum: The plaintiff is entitled to examine the defendant as to the identity of the elevator operator. *(Morris*v. *E. A. Laboratories, Inc.,*263 App. Div. 540.) (The order grants an examination of defendant before trial in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.
(December 18, 1951.)

#### In the Matter of Victor Cerchia, Respondent. Louis Cerchia, as Trustee of an Express Trust Made by Himself, Appellant.

*Per Curiam.*

The writing relied upon as creating a trust of the securities does not accomplish that purpose. It manifests no intention on the part of the settlor to impose any enforcible duties upon himself as trustee. In the absence of such an intention no trust is created (Restatement, Trusts, § 25).

Analyzing the writing we find that the settlor retained exclusive control over the disposition of the income. The securities, comprising the corpus of the trust, are to be sold only if he, in Ms absolute discretion, deems it advisable. In the event of a sale there is no obligation to apply the proceeds for the benefit of the named beneficiary. No enforcible interest in the fund is created unless and until the settlor dies without revoking the trust. Such a writing is testamentary in nature.

*735Accordingly, the order appealed from should be reversed, with $20 costs and disbursements, and petitioner’s motion denied, and the proceeding to compel an accounting dismissed.

Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements, petitioner’s motion denied and the proceeding to compel an accounting dismissed. Settle order on notice.