alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §6299. Authority to obtain information

#### (a) In general

For purposes of carrying out this part, the Commission and the Secretary may each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or refusal to obey a subpena served, upon any persons subject to this part, the Commission and the Secretary may each seek an order from the district court of the United States for any district in which such person is found or resides or transacts business requiring such person to appear and give testimony, or to appear and produce documents. Failure to obey any such order is punishable by such court as a contempt thereof.

#### (b) Confidentiality

Any information submitted by any person to the Secretary or the Commission under this part shall not be considered energy information as defined by section 796(e)(1) of title 15 for purposes of any verification examination authorized to be conducted by the Comptroller General under section 6381 of this title.

(Pub. L. 94–163, title III, §329, Dec. 22, 1975, 89 Stat. 928; Pub. L. 95–619, title VI, §691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 100–12, §11(b)(4), Mar. 17, 1987, 101 Stat. 125.)

#### **Editorial Notes**

#### Amendments

1987—Pub. L. 100–12 inserted headings for subsecs. (a) and (b).

1978—Pub. L. 95–619 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration, wherever appearing.
#### BIRKETT v. NICHOLS et al.

(Supreme Court, Appellate Division, Fourth Department.

March 8, 1905.)

Action by Clarence T. Birkett against James E. Nichols and others. No opinion. Motion to resettle order denied, with $10 costs.
### §2000gg–6. Severability

If any provision of this chapter or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this chapter and the application of that provision to other persons or circumstances shall not be affected.

(Pub. L. 117–328, div. II, §108, Dec. 29, 2022, 136 Stat. 6089.)

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

#### Effective Date

Section effective 180 days after Dec. 29, 2022, see section 109 of div. II of Pub. L. 117–328, set out as a note under section 2000gg of this title.
#### In the Matter of Larry B., Jr., and Another, Children Alleged to be Neglected. Eugene J., Appellant; New York City Administration for Children’s Services, Respondent.

[835 NYS2d 76]

Orders of fact-finding and disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about December 21, 2005, finding that respondent-appellant had neglected the subject children; placing the children under petitioner Administration for Children’s Services’ (ACS) supervision, and directing respondent to submit to drug testing, including hair follicle testing, complete parenting skills and cooperate with ACS’s supervision, unanimously affirmed, without costs.

Appellant’s challenge to the constitutionality of Family Court Act § 1038-a was not raised before Family Court and therefore is not preserved for appeal *(see Matter of Vanessa S.,*20 AD3d 924 [2005]). In any event, the negative inference of drug use drawn by Family Court against appellant because of his refusal to submit to drug testing is not necessary to the finding of neglect, which is sufficiently supported by the evidence showing appellant’s awareness of respondent mother’s drug use and failure to intervene *(see Matter of R.W. Children,*240 AD2d 207 [1997], *lv denied*90 NY2d 807 [1997]). Indeed Family Court’s findings in the latter regard are not challenged by appellant on appeal. We have considered and rejected appellant’s other contentions. Concur—Tom, J.P., Mazzarelli, Sullivan, Gonzalez and McGuire, JJ.
### §4370m–11. Savings provision

Nothing in this subchapter amends the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(Pub. L. 114–94, div. D, title XLI, §41012, Dec. 4, 2015, 129 Stat. 1761.)

#### **Editorial Notes**

#### References in Text

The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

#### Codification

Section was enacted as part of the Fixing America's Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
###### Editorial Note on Part 40

#### Editorial Note:

Nomenclature changes to part 40 appear at 71 FR 34520 and 34521, June 15, 2006.

#### §§ 40.54-40.59 [Reserved]
### §4370m–9. Application

This subchapter applies to any covered project for which—

(1) a notice is filed under section 4370m–2(a)(1) of this title; or

(2) an application or other request for a Federal authorization is pending before a Federal agency 90 days after December 4, 2015.

(Pub. L. 114–94, div. D, title XLI, §41010, Dec. 4, 2015, 129 Stat. 1761.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Fixing America's Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
### §4635. Planning and other preliminary expenses for additional housing

In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Federal financially assisted project, the head of the Federal agency administering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal financial assistance, to nonprofit, limited dividend, or cooperative organizations or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and obtaining federally insured mortgage financing for the rehabilitation or construction of housing for such displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. Loans to an organization established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall be without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal share of the sum repaid shall be credited to the account from which such loan was made, unless the Secretary of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts.

(Pub. L. 91–646, title II, §215, Jan. 2, 1971, 84 Stat. 1901.)
### §7143. Repealed. Pub. L. 106–65, div. C, title XXXII, §3294(d)(1), Oct. 5, 1999, 113 Stat. 970

Section, Pub. L. 95–91, title II, §212, as added Pub. L. 103–337, div. C, title XXXI, §3158(a), Oct. 5, 1994, 108 Stat. 3093, established the Office of Fissile Materials Disposition.

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

#### Effective Date of Repeal

Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
Editorial Note on Part 62
Editorial Note: Nomenclature changes to part 62 appear at 64 FR 54539, Oct. 7, 1999, and 67 FR 17612, 17613, Apr. 11, 2002.

§ 62.17 Fees and charges. ( a ) *Remittances.* Fees prescribed within the framework of 31 U.S.C. 9701 must be submitted as directed by the Department and must be in the amount prescribed by law or regulation.
( b ) *Amounts of fees.* The following fees are prescribed. ( 1 ) For filing an application for program designation and/or redesignation (Form DS-3036)—$3,982.00.
( 2 ) For filing an application for exchange visitor status changes (*i.e.*, extension beyond the maximum duration, change of category, reinstatement, reinstatement-update SEVIS status, ECFMG sponsorship authorization, and permission to issue)—$367.00.
[78 FR 28139, May 14, 2013]
§ 229.140 Dissemination of policy. ( a ) *Notification of policy.* ( 1 ) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational programs or activities that it operates, and that it is required by Title IX and these Title IX regulations not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the designated agency official finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and these Title IX regulations, but shall state at least that the requirement not to discriminate in education programs or activities extends to employment therein, and to admission thereto unless §§ 229.300 through 229.310 do not apply to the recipient, and that inquiries concerning the application of Title IX and these Title IX regulations to such recipient may be referred to the employee designated pursuant to § 229.135, or to the designated agency official.
( 2 ) Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of September 29, 2000 or of the date these Title IX regulations first apply to such recipient, whichever comes later, which notification shall include publication in: ( i ) Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and
( ii ) Memoranda or other written communications distributed to every student and employee of such recipient.
( b ) *Publications.* ( 1 ) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form that it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.
( 2 ) A recipient shall not use or distribute a publication of the type described in paragraph (b)(1) of this section that suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by these Title IX regulations.
( c ) *Distribution.* Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b)(1) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and shall require such representatives to adhere to such policy.
### §2281. Contempt proceedings

In case of failure or refusal to obey a subpena served upon any person pursuant to section 2201(c) of this title, the district court for any district in which such person is found or resides or transacts business, upon application by the Attorney General on behalf of the United States, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both, in accordance with the subpena; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(Aug. 1, 1946, ch. 724, title I, §233, formerly §231, as added Aug. 30, 1954, ch. 1073, §1, 68 Stat. 960; renumbered §233, Aug. 6, 1956, ch. 1015, §6, 70 Stat. 1070; renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to this section were contained in section 1816(d) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
exv10w1





Exhibit 10.1



As adopted by the Board of

Directors on July 19, 2005 and

amended on September 16, 2008;

April 21, 2010;

and September 16, 2010.




ART TECHNOLOGY GROUP, INC.

AMENDED AND RESTATED

NON-EMPLOYEE DIRECTOR COMPENSATION PLAN




     This Non-Employee Director Compensation Plan (this “Plan”) as amended through May 22, 2008, is
further amended to establish the compensation of the Non-Employee Directors of Art Technology
Group, Inc. (the “Company”) beginning on October 1, 2010, for the remainder of fiscal year 2010,
and subsequent fiscal years.



     ELIGIBILITY: Each member of the Company’s Board of Directors who is not an employee of the
Company shall be eligible to participate in the Plan (the “Non-Employee Directors”).



     ANNUAL RETAINER: Each Non-Employee Director shall receive an annual retainer in the amount of
$15,000, which shall be payable in quarterly installments in arrears.



     RESTRICTED STOCK UNITS: Each Non-Employee Director shall receive an annual restricted stock
unit grant of 28,000 shares of common stock of the Company (the “Common Stock”), to be granted each
year on the date of the Company’s Annual Meeting of Stockholders (or such later date on which a
Non-Employee Director shall first be elected) which restricted stock unit shall vest after one (1)
year beginning from the time of grant. The vesting for all restricted stock units granted to
Non-Employee Directors on or after the 2007 Annual Meeting of Stockholders will accelerate 100%
upon a Change of Control (as such term is defined in the Company’s General Change in Control Policy
for Employees).



     ADDITIONAL ANNUAL RETAINER FOR CHAIRS: Each Non-Employee Director shall receive an additional
annual retainer, payable in quarterly installments in arrears, in the amount of $20,000 in the case
of the Chair of the Board of Directors, $15, 000 in the case of the Chair of the Audit Committee,
and $10,000 in the case of the Chair of the Compensation Committee and Nominating and Governance
Committee.



     MEETING FEES: Each Non-Employee Director shall also receive the following meeting fees:




	 	(i)	 	meeting fee of $2,000 for each scheduled meeting of the Board of
Directors attended (and for attendance at unscheduled meetings of the
Board of Directors if the Board Chair determines that attendance at
such meeting should be compensated); and
	 
	 	(ii)	 	meeting fee of $1,000 for each scheduled meeting of the Audit,
Compensation, or Nominating and Governance Committee of the Board of
Directors attended (and for attendance at unscheduled Committee
meetings if the Committee Chair determines that attendance at such
meeting should be compensated).





     AMENDMENT AND INTERPRETATION: This Plan may be amended at any time by the Board of Directors
of the Company. Any dispute or ambiguity concerning the application of the terms of this Plan shall
be resolved by a determination of the Board of Directors of the Company, in its sole discretion.
Case 3:08-cv-04592-SC Document 107 Filed 02/01/10 Page 1 of 3
Case 3:08-cv-04592-SC Document 107 Filed 02/01/10 Page 2 of 3
February 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

Case 3:08-cv-04592-SC Document 107 Filed 02/01/10 Page 3 of 3
#### Herman Canter, Appellant, v. American Cyanamid Company, Respondent.

Plaintiff appeals from an order of the Supreme Court which dismissed the first cause of action in an amended complaint on the ground of insufficiency. The defendant manufactures a dust vaccine for the immunization of chickens against two specific diseases. Plaintiff alleges that he purchased some of this dust vaccine from a retailer, who had purchased it from a supplier, who had in turn purchased it from the defendant. It is alleged that plaintiff relied upon national advertising and pamphlets promulgated by the defendant which contained certain warranties about the product which were not true, and that plaintiff sustained damage as a result of his use of the product. The dismissed cause of action is clearly for breach of warranty. It is undisputed that there was no privity of contract between plaintiff and defendant, and the court at Special Term granted the motion to dismiss on that ground. It is clearly established as the law of this State that an action for breach of warranty, express or implied, does not lie in the absence of a contractual relationship. *(Chysky*v. *Drake Bros. Co.,*235 N. Y. 468; *Turner*v. *Edison Stor. Battery Co.,*248 N. Y. 73.) Plaintiff does not seem to question that such is the law in the State of New York, but cites a growing number of jurisdictions which have relaxed the requirement of privity of contract and infers that the New York *692rule should be changed. Even if such a course were desirable it is not within the province of this court to change existing law or to make a determination contrary to binding precedents. Order unanimously affirmed, with $10 costs.
### §§5712a to 5712c. Repealed. Pub. L. 102–586, §3(g)(2)(A)–(C), Nov. 4, 1992, 106 Stat. 5025

Section 5712a, Pub. L. 93–415, title III, §313, as added Pub. L. 100–690, title VII, §7275(b), Nov. 18, 1988, 102 Stat. 4457, related to grants for a national communication system to assist runaway and homeless youth.

Section 5712b, Pub. L. 93–415, title III, §314, as added Pub. L. 100–690, title VII, §7276, Nov. 18, 1988, 102 Stat. 4457, related to grants for technical assistance and training to public and private entities for establishment and operation of runaway and homeless youth centers.

Section 5712c, Pub. L. 93–415, title III, §315, as added Pub. L. 100–690, title VII, §7277, Nov. 18, 1988, 102 Stat. 4457, related to authority of the Secretary to make grants for research, demonstration, and service projects.
### §4727. Interstate compacts

The consent of the Congress is hereby given to any two or more States to enter into compacts or other agreements, not in conflict with any law of the United States, for cooperative efforts and mutual assistance (including the establishment of appropriate agencies) in connection with the development and administration of personnel and training programs for employees and officials of State and local governments.

(Pub. L. 91–648, title II, §207, Jan. 5, 1971, 84 Stat. 1915.)
#### John C. Brimo, Plaintiff, v Corporate Express, Inc., Appellant, et al., Defendant. Nixon Peabody LLP, Respondent.

[832 NYS2d 844]

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered June 22, 2006. The order, among other things, granted the motion of Nixon Peabody LLP to withdraw as counsel for defendants.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on March 12, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Gorski, J.P., Martoche, Centra, Lunn and Green, JJ.
### §5196a. Mutual aid pacts between States and neighboring countries

The Administrator shall give all practicable assistance to States in arranging, through the Department of State, mutual emergency preparedness aid between the States and neighboring countries.

(Pub. L. 93–288, title VI, §612, as added Pub. L. 103–337, div. C, title XXXIV, §3411(a)(3), Oct. 5, 1994, 108 Stat. 3105; amended Pub. L. 111–351, §3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 2283 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, §3412(a).

#### Amendments

2011—Pub. L. 111–351 substituted "Administrator" for "Director".

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

#### Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.