alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 30.9 Fraudulent transactions prohibited. It shall be unlawful for any person, by use of the mails or by any means or instrumentality of interstate commerce, directly or indirectly, in or in connection with any account, agreement or transaction involving any foreign futures contract or foreign options transaction: ( a ) To cheat or defraud or attempt to cheat or defraud any other person;
( b ) To make or cause to be made to any other person any false report or statement thereof or to enter or cause to be entered for any person any false record thereof;
( c ) To deceive or attempt to deceive any other person by any means whatsoever in regard to any such account, agreement or transaction or the disposition or execution of any such account, agreement or transaction or in regard to any act of agency performed with respect to such account, agreement or transaction; or
( d ) To bucket any order, or to fill any order by offset against the order or orders of any other person or without the prior consent of any person to become the buyer in respect to any selling order of such person, or become the seller in respect to any buying order of such person.
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.444 Form SE, form for submission of paper format exhibits by electronic filers.

This form shall be used by an electronic filer for the submission of any paper format document relating to an otherwise electronic filing, as provided in Rule 311 of Regulation S-T (§ 232.311 of this chapter).

[58 FR 14686, Mar. 18, 1993]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form SE, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
#### § 270.2a-6 Certain transactions not deemed assignments.

A transaction which does not result in a change of actual control or management of the investment adviser to, or principal underwriter of, an investment company is not an assignment for purposes of section 15(a)(4) or section 15(b)(2) of the act, respectively.

(Secs. 6(c) and 38(a) (15 U.S.C. 80a-6(c) and 80a-37(a)))

[45 FR 1861, Jan. 9, 1980]
[Civil No. 295.]

#### HENRY T. BALDRIDGE, Appellant, v. JAMES REILLY, Appellee.

APPEAL from the District Court of the First Judicial District in and for the County of Cochise. William H. Barnes, Judge.

Dismissed.

George G. Berry, for Appellant.

James Reilly, *in persona.*

(Filed January 24, 1891.)

PER CURIAM.

Upon the authority of *Reilly*v. *Crowley, ante, p.*286, 29 Pac. 14, (decided at this term) and upon motion by appellee, and for similar reasons, this appeal is dismissed, and there will be judgment accordingly.
**Exhibit 3.1.1**

**CERTIFICATE OF AMENDMENT TO THE**

**AMENDED AND RESTATED CERTIFICATE OF INCORPORATION**

**OF CERUS CORPORATION**

**A Delaware Corporation**

Cerus Corporation, a corporation organized and existing under the General Corporation Law of the State of Delaware, does hereby certifyas follows: 

**FIRST:**The name of the Corporation is Cerus Corporation 

**SECOND:**The date of filing the original Certificate of Incorporation of the Corporation with the Secretary of Stateof the State of Delaware was July 31, 1996. 

**THIRD:**The Board of Directors of the Corporation,acting in accordance with provisions of Sections 141 and 242 of the General Corporation Law of the State of Delaware, adopted resolutions amending its Amended and Restated Certificate of Incorporation as follows: 

The first paragraph of Article IV is hereby deleted in its entirety and replaced as follows: 

“**A**. This corporation is authorized to issue two classes of stock to be designated, respectively, “Common Stock” and“Preferred Stock.” The total number of shares that the corporation is authorized to issue is One Hundred Seventeen Million Five Hundred Thousand (117,500,000) shares. One Hundred Twelve Million Five Hundred Thousand(112,500,000) shares shall be Common Stock, each having a par value of one-tenth of one cent ($.001). Five million (5,000,000) shares shall be Preferred Stock, each having a par value of one-tenth of one cent ($.001).” 

**FOURTH:**The foregoing amendment was submitted to the stockholders of the Corporation for their approval, and wasduly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware. 

**[SIGNATURE PAGE FOLLOWS]**

**IN WITNESS WHEREOF**, CerusCorporation has caused this Certificate of Amendment to be signed by its President and Chief Executive Officer on this 8th day of June, 2010. 

 
**CERUS CORPORATION**By: 
/s/ Claes Glassell
 Claes Glassell President and Chief Executive Officer
§ 1304.4 Requirements for making requests. ( a ) Requests for access to, or copies of, MCC records other than those identified in § 1304.3, shall be in writing and addressed to the MCC Chief FOIA Officer at 1099 14th St. NW, Washington, DC 20005 or *FOIA@mcc.gov*. All requests for records shall be deemed to have been made pursuant to the FOIA, regardless of whether the request specifically mentions the Freedom of Information Act. To facilitate processing, the requester should place the phrase “FOIA REQUEST” in capital letters on the front of the envelope or subject line of the email.
( b ) Each request shall include the following: ( 1 ) A description of the record(s) that provides sufficient detail to enable MCC to locate the record(s) with a reasonable amount of effort; such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. Before submitting their requests, requesters may contact the MCC FOIA Program Officer to discuss the records the are seeking and receive assistance in describing the records;
( 2 ) The preferred format of the records;
( 3 ) The requestor's full name, mailing address or email address, and telephone number where the requester can be reached during business hours; and
( 4 ) If applicable, the maximum amount the requester is willing to pay or dollar limit on the fees MCC may incur to respond to the request for records. When this information is specified, MCC shall not exceed such limit.
( c ) If a request does not meet all of the requirements of paragraph (b) of this section, the FOIA Program Officer may advise the requester that additional information is needed. Requesters who are attempting to reformulate or modify a request may engage with the MCC Program Officer to clarify their request.
#### § 1007.12 Interest, penalties, and administrative costs.

Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13.
§ 1006.1010 Suspending official. ( a ) *Suspending official* means an agency official who is authorized to impose suspension. The suspending official is either: ( 1 ) The agency head; or
( 2 ) An official designated by the agency head.
( b ) [Reserved]
#### § 249b.100 Form TA-1,[1]
 uniform form for registration as a transfer agent pursuant to section 17A of the Securities Exchange Act of 1934.

This form shall be used for application for registration as a transfer agent and for amendment to registration as a transfer agent pursuant to section 17A of the Securities Exchange Act of 1934.

[40 FR 51184, Nov. 4, 1975, as amended at 51 FR 12127, Apr. 9, 1986; 73 FR 32228, June 5, 2008]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form TA-1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*

###### Footnotes -
  249b.100

[1] Copies of the form may be obtained from the Publications Section, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549 and from each of the Commission's regional offices.
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.

§ 240.15Fb1-1. Signatures. ( a ) Required signatures to, or within, any electronic submission (including, without limitation, signatories within the forms and certifications required by §§ 240.15Fb2-1, 240.15Fb2-4, and 240.15Fb6-2) must be in typed form rather than manual format. Signatures in an HTML, XML or XBRL document that are not required may, but are not required to, be presented in a graphic or image file within the electronic filing. When used in connection with an electronic filing, the term “signature” means an electronic entry in the form of a magnetic impulse or other form of computer data compilation of any letters or series of letters or characters comprising a name, executed, adopted or authorized as a signature.
( b ) Each signatory to an electronic filing (including, without limitation, each signatory to the forms and certifications required by §§ 240.15Fb2-1, 240.15Fb2-4, and 240.15Fb6-2) shall manually or electronically sign a signature page or other document authenticating, acknowledging, or otherwise adopting his or her signature that appears in typed form within the electronic filing (“authentication document”). Such authentication document shall be executed before or at the time the electronic filing is made. The requirements set forth in § 232.302(b) must be met with regards to the use of an electronically signed authentication document pursuant to this paragraph (b). Upon request, the security-based swap dealer or major security-based swap participant shall furnish to the Commission or its staff a copy of any or all documents retained pursuant to this paragraph (b).
( c ) A person required to provide a signature on an electronic submission (including, without limitation, each signatory to the forms and certifications required by §§ 240.15Fb2-1, 240.15Fb2-4, and 240.15Fb6-2) may not have the form or certification signed on his or her behalf pursuant to a power of attorney or other form of confirming authority.
( d ) Each manually or electronically signed signature page or other document authenticating, acknowledging, or otherwise adopting his or her signature that appears in typed form within the electronic filing (“authentication document”)— ( 1 ) On Schedule F to Form SBSE (§ 249.1600 of this chapter), SBSE-A (§ 249.1600a of this chapter), or SBSE-BD (§ 249.1600b of this chapter), as appropriate, shall be retained by the filer until at least three years after the form or certification has been replaced or is no longer effective;
( 2 ) On Form SBSE-C (§ 249.1600c of this chapter) shall be retained by the filer until at least three years after the Form was filed with the Commission.
[80 FR 49013, Aug. 14, 2015, as amended at 85 FR 78229, Dec. 4, 2020]
Third Department,

June, 1949.

(June 28, 1949.)

#### In the Matter of the Claim of Charles Gottshall, Respondent, against United Utilities and Specialty Co. et al., Appellants. Workmen’s Compensation Board, Respondent.

Present — Foster, P. J., Brewster, Deyo, Santry and Bergan, JJ. [See *ante,*p. 736.]
§ 144.110 Self-evaluation. ( a ) The agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.
( b ) The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the self-evaluation process by submitting comments (both oral and written).
( c ) The agency shall, until three years following the completion of the self-evaluation, maintain on file and make available for public inspection: ( 1 ) A description of areas examined and any problems identified, and
( 2 ) A description of any modifications made.
### §1973. Transferred

#### **Editorial Notes**

#### Codification

Section 1973 was editorially reclassified as section 10301 of Title 52, Voting and Elections.
§ 134.14 When application may be filed. ( a ) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after the Department of State's final disposition of the proceeding.
( b ) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy.
( c ) For purposes of this rule, final disposition means the later of ( 1 ) the date on which an initial decision or other recommended disposition of the merits of the proceeding by an adjudicative officer or intermediate review board becomes administratively final;
( 2 ) issuance of an order disposing of any petitions for reconsideration of the Department of State's final order in the proceeding;
( 3 ) if no petition for reconsideration is filed, the last date on which such a petition could have been filed; or
( 4 ) issuance of a final order or any other final resolution of a proceeding, such as a settlement or voluntary dismissal, which is not subject to a petition for reconsideration or to a petition for judicial review; or
( 5 ) completion of judicial action on the underlying controversy and any subsequent Department of State action pursuant to judicial mandate.
§ 1508.730 What information must I provide to the suspending official if I contest a suspension? ( a ) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify— ( 1 ) Specific facts that contradict the statements contained in the Notice of Suspension. A general denial is insufficient to raise a genuine dispute over facts material to the suspension;
( 2 ) All existing, proposed, or prior exclusions under regulations implementing E.O. 12549 and all similar actions taken by Federal, state, or local agencies, including administrative agreements that affect only those agencies;
( 3 ) All criminal and civil proceedings not included in the Notice of Suspension that grew out of facts relevant to the cause(s) stated in the notice; and
( 4 ) All of your affiliates.
( b ) If you fail to disclose this information, or provide false information, the African Development Foundation may seek further criminal, civil or administrative action against you, as appropriate.
### §17204. High cost region geothermal energy grant program

#### (a) Definitions

In this section:

#### (1) Eligible entity

The term "eligible entity" means—

(A) a utility;

(B) an electric cooperative;

(C) a State;

(D) a political subdivision of a State;

(E) an Indian tribe; or

(F) a Native corporation.

#### (2) High-cost region

The term "high-cost region" means a region in which the average cost of electrical power or heat exceeds 150 percent of the national average retail cost, as determined by the Secretary.

#### (b) Program

The Secretary shall use amounts made available to carry out this section to make grants to eligible entities for activities described in subsection (c).

#### (c) Eligible activities

An eligible entity may use grant funds under this section, with respect to a geothermal energy project in a high-cost region, only—

(1) to conduct a feasibility study, including a study of exploration, geochemical testing, geomagnetic surveys, geologic information gathering, baseline environmental studies, well drilling, resource characterization, permitting, and economic analysis;

(2) for design and engineering costs, relating to the project; and

(3) to demonstrate and promote commercial application of technologies related to geothermal energy as part of the project.

#### (d) Cost sharing

The cost-sharing requirements of section 16352 of this title shall apply to any project carried out under this section.

#### (e) Authorization of appropriations

Out of funds authorized under section 17202 of this title, there is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2025.

(Pub. L. 110–140, title VI, §625, Dec. 19, 2007, 121 Stat. 1685; Pub. L. 116–260, div. Z, title III, §3002(l), Dec. 27, 2020, 134 Stat. 2496.)

#### **Editorial Notes**

#### Amendments

2020—Subsec. (a)(2). Pub. L. 116–260, §3002(l)(1), inserted "or heat" after "electrical power".

Subsec. (e). Pub. L. 116–260, §3002(l)(2), amended subsec. (e) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated such sums as are necessary to carry out this section."

#### **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.
#### Elizabeth K. Orcutt, Appellant, *v.*Pomonok Country Club, Inc., et al., Respondents.

*Per Curiam.*

The complaint in this action is based upon both negligence and nuisance. At the end of the plaintiff’s case, the court reserved decision upon defendants’ motion to dismiss on the ground there was a failure of proof of any negligence on the part of the defendants and of freedom from contributory negligence on the part of the plaintiff. The motion was renewed at the close of the evidence and granted without elucidation by the court.

We conclude that questions of fact were presented that should have been submitted to the jury. As a new trial is required, it should be pointed out that upon the facts here presented the same acts may constitute both negligence and nuisance. It has been said that *“*[i]f danger there was, then also there was nuisance, though nuisance growing out of negligence. Nuisance as a concept of the law has more meanings than one. The primary meaning does not involve the element of negligence as one of its essential factors *(Heeg*v. *Licht,*80 N. Y. 579). One acts sometimes at one’s peril. In such circumstances, the duty to desist is absolute whenever conduct, if persisted in, brings damage to another ”, *(McFarlane*v. *City of Niagara Falls,*247 N. Y. 340, 343.)

*1123In the instant case, it should have been left to the jury to determine whether upon all the facts, including the position of the unfenced parapet in relation to the pathway and driveway from the main entrance of the clubhouse and the alleged inadequacy of the lighting, the defendant was chargeable with either negligence or the maintenance of a nuisance having its origin in negligence. Similarly, in the event of an affirmative finding upon either of these theories, the jury would be required to pass upon the freedom of the plaintiff from contributory negligence.

The judgment appealed from should be reversed, with costs to appellant to abide the event, and a new trial granted.

Callahan, Bastow and Botein, JJ., concur; Peek, P. J., and Cohn, J., dissent and vote to affirm.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.
#### Kenneth S. Guiterman, Respondent-Appellant, v. Hugh F. O’Donnell, Appellant-Respondent.

*948Under the state of the pleadings the true scope and precise nature of the agreement between the parties may only be determined upon the evidence adduced at a trial. It may not be held that the only reasonable construction of the complaint establishes an action by a client to share illegally contingent fees with his attorney and to assist in the obtaining thereof. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See *post,*p. 961.]
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# _ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

OFFICE OF AIR AND RADIATION

Re: Completeness determination for SNAP Submission for [ ] in refrigeration and air conditioning, aerosol solvents and foam blowing Dear [ Thank you for [ ]submission to the Environmental Protection Agency. The EPA established the Significant New Alternatives Policy program to implement section 612 of the Clean Air Act. Your submission and the additional information received on October 10, 2011, December 6, 2011 and January 31, 2012, have been reviewed for completeness. We have found the information to be complete for the refrigeration and air conditioning, aerosol and foam blowing sectors. Here is a summary of information concerning your submission: Substitute name: [ ]Substance(s) the substitute will replace: CFC-11, CFC-113, HCFC-123, HCFC-141b, HCFC225ca, HCFC-225cb, methyl chloroform Sector: Refrigeration and Air Conditioning End uses: centrifugal chillers and non-mechanical heat transfer New or retrofit use: new equipment only Sector: Aerosols End use: solvents Sector: Foam Blowing End uses: Rigid polyurethane and polyisocyanurate laminated boardstock; rigid polyurethane appliance; rigid polyurethane spray, commercial, and sandwich panels; rigid polyurethane slabstock; integral skin polyurethane Date received: June 6, 2011 Date most recent information received: January 31, 2012 Status of submission: Complete

Intemet Address (URL) • http://www.epa.gov

Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

### Your submission was complete for the end uses above as of January 31, 2012. EPA has 90 days

from this date to render a decision about the acceptability of [ ]in the specified end uses. Pending EPA's decision, [ ] may be sold in the end uses specified above as of April 30, 2012. EPA will notify you in a letter of our preliminary determination. Your submission remains incomplete for the solvent cleaning and adhesives, coatings and inks sectors. I will send you a separate letter clarifying the information we still require to complete our review in those sectors. We will review those sectors separately once you provide the information we require. If you have questions about your submission, please contact me at (202) 343-9163 or via email at sheppard.margaret@epa.gov

. 

### Sincerely,

~,~ ,. 1 

### Margaret A. Sheppard Alternatives and Emissions Reduction Branch Stratospheric Protection Division