alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
     The schedule contains summary financial information extracted from the
financial statements and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                             JUN-30-2000
<PERIOD-END>                                  SEP-30-1999
<CASH>                                              4,992
<SECURITIES>                                            0
<RECEIVABLES>                                      23,059
<ALLOWANCES>                                            0
<INVENTORY>                                     2,386,033
<CURRENT-ASSETS>                                2,498,710
<PP&E>                                          1,943,249
<DEPRECIATION>                                    631,127
<TOTAL-ASSETS>                                  3,849,325
<CURRENT-LIABILITIES>                           3,367,458
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                           500
<COMMON>                                              400
<OTHER-SE>                                        480,967
<TOTAL-LIABILITY-AND-EQUITY>                    3,849,325
<SALES>                                         1,147,614
<TOTAL-REVENUES>                                1,147,614
<CGS>                                           1,390,806
<TOTAL-COSTS>                                   1,390,806
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                  4,722
<INCOME-PRETAX>                                  (434,653)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                              (434,653)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                     (434,653)
<EPS-BASIC>                                        (.11)
<EPS-DILUTED>                                        (.11)



</TABLE>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2626 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2626

 To amend titles XVIII and XIX of the Social Security Act to prohibit 
  coverage under the Medicare and Medicaid Programs of sex-enhancing 
           drugs for individuals convicted of a sex offense.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2005

  Mr. Edwards (for himself and Mr. Bonilla) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
 To amend titles XVIII and XIX of the Social Security Act to prohibit 
  coverage under the Medicare and Medicaid Programs of sex-enhancing 
           drugs for individuals convicted of a sex offense.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF COVERAGE UNDER THE MEDICARE AND MEDICAID 
              PROGRAMS OF SEX-ENHANCING DRUGS FOR INDIVIDUALS CONVICTED 
              OF A SEX OFFENSE.

    (a) Medicare Program.--Section 1860D-2(e)(2)(A) of the Social 
Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by adding at the 
end the following: ``Such term also does not include prescription 
drugs, such as Viagra, used for sex enhancement for any individual who 
has been convicted of a sex offense, as defined by the Secretary and 
including rape, sexual assault, and child molestation.''.
    (b) Medicaid Program.--The first sentence of section 1905(a) of 
such Act (42 U.S.C. 1396d(a)) is amended, in the matter following 
paragraph (28)--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) any such payments with respect to prescribed drugs, 
        such as Viagra, used for sex enhancement for any individual who 
        has been convicted of a sex offense, as defined by the 
        Secretary under section 1860D-1(e)(2)(A).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
drugs dispensed after such date.
                                 <all>
```
### §6002. Repealed. Pub. L. 103–230, title I, §104, Apr. 6, 1994, 108 Stat. 293

Section, Pub. L. 88–164, title I, §103, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2667; amended Pub. L. 101–496, §5, Oct. 31, 1990, 104 Stat. 1194, related to Federal share of costs of projects under subchapters II and IV of this chapter.

A prior section 6002, Pub. L. 88–164, title I, §103, as added Pub. L. 94–103, title I, §125, Oct. 4, 1975, 89 Stat. 498, set out provisions relating to Federal share, prior to the general amendment of this chapter by Pub. L. 98–527.
#### Gerald C. PIPER, Plaintiff-Appellant, v. Christina M. CRAIN, Chairman, TX Board of Criminal Justice; Douglas Dretke, Director; Rick Thaler, Regional Director; David Sweetin, Senior Warden; Phillip Jefferies, Lieutenant, Defendants-Appellees.

No. 06-40933

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 17, 2007.

Gerald C. Piper, Lovelady, TX, pro se.

Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.

PER CURIAM: *

Gerald C. Piper, Texas prisoner #913394, appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit as frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915A. A dismissal for failure to state a claim upon which relief may be granted is reviewed de novo. *Black v. Warren,*134 F.3d 732, 734 (5th Cir.1998).

Piper alleges that conditions in the East-ham Unit are interrupting his sleep. “[T]he treatment a prisoner receives in prison and the conditions under which he is confined are subject to scrutiny under the Eighth Amendment.” *Woods v. Edwards,*51 F.3d 577, 581 (5th Cir.1995) (internal quotations and citation omitted). To establish an Eighth Amendment violation, the prisoner must show that “the risk that [he] complains of [is] so grave that it violates contemporary standards of decency to expose *anyone*unwillingly to such a risk.” *Helling v. McKinney,*509 U.S. 25, 36, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993). Piper has made no showing that the complained conditions violate contemporary standards of decency. The district court did not err in finding that Pipers’s claims were insufficient to establish an Eighth Amendment violation.

Piper is warned that the district court’s dismissal of his § 1983 suit counts as a strike for purposes of 28 U.S.C. § 1915(g) and that if he accumulates three strikes, he will not be able to proceed in forma *236pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See Ade-pegba v. Hammons,*103 F.3d 383, 388 (5th Cir.1996); § 1915(g).

AFFIRMED; SANCTION WARNING ISSUED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### The People of the State of New York ex rel. William Callahan, Appellant, v. Walter B. Martin, as Warden of Attica Prison, Respondent.

Order unanimously affirmed, without costs of this appeal to either party. (Appeal from order of Wyoming County Court dismissing the writ of habeas corpus and remanding relator to the custody of the Warden of Attica Prison.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.
### §405a. Regulations pertaining to frequency or due dates of payments and reports under voluntary agreements covering State and local employees; effective date

Notwithstanding any other provision of law, no regulation and no modification of any regulation, promulgated by the Secretary of Health and Human Services, after January 2, 1976, shall become effective prior to the end of the eighteen-month period which begins with the first day of the first calendar month which begins after the date on which such regulation or modification of a regulation is published in the Federal Register, if and insofar as such regulation or modification of a regulation pertains, directly or indirectly, to the frequency or due dates for payments and reports required under section 418(e) 1 of this title.

(Pub. L. 94–202, §7, Jan. 2, 1976, 89 Stat. 1137; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

#### **Editorial Notes**

#### References in Text

Subsec. (e) of section 418 of this title, referred to in text, which related to payments and reports by States, was repealed, and subsec. (f) of section 418 of this title was redesignated as subsec. (e), by Pub. L. 99–509, title IX, §9002(c)(1), Oct. 21, 1986, 100 Stat. 1971.

#### Codification

Section was not enacted as part of the Social Security Act which comprises this chapter.

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

#### Change of Name

"Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### Time for Making Social Security Contributions With Respect to Covered State and Local Employees

Pub. L. 96–265, title V, §503(c), June 9, 1980, 94 Stat. 471, provided that: "The provisions of section 7 of Public Law 94–202 [42 U.S.C. 405a] shall not be applicable to any regulation which becomes effective on or after July 1, 1980, and which is designed to carry out the purposes of subsection (a) of this section [amending section 418 of this title]."

1 See References in Text note below.
1 The Honorable Richard G. Kopf, Chief Judge, United States District Court for

the District of Nebraska.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-3183

___________ Glenn R. Waite, * * Appellant, * * v. * Appeal from the United States * District Court for the District Douglas D. Delair; Delair & Delair, * of Nebraska. * Appellees. * [UNPUBLISHED]

___________ Submitted: February 7, 2001 Filed: February 13, 2001

___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

___________ PER CURIAM. GlennR. Waite appeals from the district court’s 1 adverse grant of summary judgment in his legal malpractice action. For the reasons stated in the district court’s order, we affirm. See 8th Cir. R. 47B.-2-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
§ 35.30 The hearing and burden of proof. ( a ) The ALJ shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under § 35.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
( b ) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.
( c ) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
( d ) The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.
#### Margaret Shaw, Individually and as Guardian ad Litem of Theresa Shaw, and Others, Infants, et al., Appellants, v. Village of Hempstead, Respondent, et al., Defendants.

— -In an action to recover damages for personal injuries, conscious pain and suffering, and wrongful death allegedly arising from a fire in an apartment occupied, by the injured persons and the decedent in a building consisting of a store and two apartments, owned by the defendants Tint, the plaintiffs appeal from an order of the Supreme Court, Nassau County, dated June 19, 1958, which: (1) dismissed as academic the plaintiffs’ motion to permit service of an amended notice of claim and amended complaint, *nunc pro twnc,*changing the amounts of the damages sought; and which (2) granted the cross motion of the Village of Hempstead, pursuant to rule 112 of the Rules of Civil Practice, for judgment on the pleadings dismissing the complaint as against the village on the ground that the complaint fails to state facts sufficient to cqnstitute a cause of action. Order modified: (1) by adding to the provision granting the motion of the village to dismiss the complaint, a provision granting leave to the plaintiffs, if they be so advised, to serve an amended complaint; and (2) by striking out the provision dismissing as academic the motion to amend the notice of claim and by substituting therefor a provision granting such motion. As so modified, order affirmed, without costs. The amended complaint shall be served within 30 days after the entry of the order hereon. The complaint not only lacks clarity as to the particular defendants against whom certain allegations are made, but it also appears to be based on eonclusory statements and conclusions of law. Such a complaint is insufficient. Under the circumstances shown, however, it was an improvident exercise of discretion not to grant leave to replead. As leave to serve an amended complaint is granted, the motion for leave to serve an amended notice of claim is no longer academic. Nolan, P. J., Beldoek, Ughetta, Christ and Brennan, JJ., concur. [15 Misc 2d 72.]
#### § 711.149 Program accessibility: Discrimination prohibited.

Except as otherwise provided in § 711.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency.
### §300ii–2. National lifespan respite resource center

#### (a) Establishment

The Secretary may award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the "center").

#### (b) Purposes of the center

The center shall—

(1) maintain a national database on lifespan respite care;

(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and

(3) provide information, referral, and educational programs to the public on lifespan respite care.

(July 1, 1944, ch. 373, title XXIX, §2903, as added Pub. L. 109–442, §2, Dec. 21, 2006, 120 Stat. 3295.)
exv4w5






EXHIBIT
4.5




AMENDMENT NO. 3

TO THE

SCIQUEST, INC.

2004 STOCK INCENTIVE PLAN 




     The SciQuest, Inc. 2004 Stock Incentive Plan (the “Plan”) is hereby amended as of the
Effective Date (as defined herein) as follows:



     1. Amendment Regarding Number of Reserved Shares. Section 3 of the Plan is hereby
amended by deleting Section 3 in its entirety and substituting the following new Section 3
therefor:



Section 3.

Shares Subject to Stock Incentives





     The total number of Shares that may be issued pursuant to Stock Incentives under this
Plan (and the total number of Shares that may be issued pursuant to the exercise of ISO’s
under this Plan) shall not exceed 8,615,472, as adjusted pursuant to Section 10. Such
Shares shall be reserved, to the extent that the Company deems appropriate, from authorized
but unissued Shares, and from Shares which have been reacquired by the Company.
Furthermore, any Shares subject to a Stock Incentive which remain after the cancellation,
expiration or exchange of such Stock Incentive thereafter shall again become available for
use under this Plan. Notwithstanding anything herein to the contrary, no Participant may be
granted Stock Incentives covering an aggregate number of Shares in excess of 1,200,000 in
any calendar year, and any Shares subject to a Stock Incentive which again become available
for use under this Plan after the cancellation, expiration or exchange of such Stock
Incentive thereafter shall continue to be counted in applying this calendar year Participant
limitation.




	 	2.	 	Effective Date. The effective date of this Amendment is August 27, 2010 (the
“Effective Date”).
	 
	 	3.	 	Miscellaneous.






	 	(a)	 	Capitalized terms not otherwise defined herein shall have the meanings given them in the
Plan.
	 
	 	(b)	 	Except as specifically amended hereby, the Plan shall otherwise remain in full force and
effect in accordance with its terms.





     IN WITNESS WHEREOF, the Company has caused this Amendment No. 3 to the SciQuest, Inc.
2004 Stock Incentive Plan to be executed as of the Effective Date.



	 	 	 	 	 
	 	SCIQUEST, INC.

 	 
	 	By:  	/s/ Stephen J. Wiehe
 	 
	 	 	Stephen J. Wiehe, Chief Executive Officer
### §2205. Contract practices

(a) In carrying out the purposes of this chapter the Commission shall not use the cost-plus-percentage-of-cost system of contracting.

(b) No contract entered into under the authority of this chapter shall provide, and no contract entered into under the authority of the Atomic Energy Act of 1946, as amended, shall be modified or amended after August 30, 1954, to provide, for direct payment or direct reimbursement by the Commission of any Federal income taxes on behalf of any contractor performing such contract for profit.

(Aug. 1, 1946, ch. 724, title I, §165, as added Aug. 30, 1954, ch. 1073, §1, 68 Stat. 951; renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

The Atomic Energy Act of 1946, as amended, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified generally to chapter 14 (§1801 et seq.) of this title prior to the general amendment by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919. The act of Aug. 1, 1946, ch. 724, is now known as the Atomic Energy Act of 1954, and is classified principally to this chapter.
### §4103. Repealed. Pub. L. 103–325, title V, §551(a), Sept. 23, 1994, 108 Stat. 2269

Section, Pub. L. 90–448, title XIII, §1362, Aug. 1, 1968, 82 Stat. 588; Pub. L. 95–128, title VII, §704(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98–181, title I [title IV, §451(d)(1)], Nov. 30, 1983, 97 Stat. 1229, related to purchase, by Director, of insured properties damaged substantially beyond repair by flood, for subsequent transfer to State or local agency upon negotiated conditions.

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

#### Savings Provision

Pub. L. 103–325, title V, §551(c), Sept. 23, 1994, 108 Stat. 2269, required the Director of the Federal Emergency Management Agency to comply with any purchase or loan commitment entered into before the expiration of the 1-year period beginning on Sept. 23, 1994, pursuant to authority under this section or section 551(b) of Pub. L. 103–325.

#### Transition Phase

Pub. L. 103–325, title V, §551(b), Sept. 23, 1994, 108 Stat. 2269, permitted the Director of the Federal Emergency Management Agency to enter into loan and purchase commitments as provided under this section (as in effect immediately before the enactment of Pub. L. 103–325) during the 1-year period beginning on Sept. 23, 1994.
#### § 53.3 Attempt of a citizen to enter without a valid passport.

The appropriate officer at the port of entry shall report to the Department of State any citizen of the United States who attempts to enter the United States contrary to the provisions of this part, so that the Department of State may apply the waiver provisions of § 53.2(h) and § 53.2(i) to such citizen, if appropriate.
#### The People of the State of New York, Respondent, v Kermit Ash, Appellant.

Judgment of the Supreme Court, Kings County, rendered October 23, 1975, affirmed (see *People v Stanard,*42 NY2d 74). Titone, J. P., Gulotta, Shapiro and Cohalan, JJ., concur.
§ 150.1 Diplomatic Agent-Level Immunity. Diplomatic Agent-Level Immunity refers to the complete immunity from the criminal jurisdiction of the United States and to comprehensive immunity from the civil and administrative jurisdiction of the United States, and is enjoyed by: ( a ) Foreign individuals accredited to the United States as “diplomatic agents” under the Vienna Convention on Diplomatic Relations, and the family members forming part of their households;
( b ) Foreign individuals accredited to the United States as administrative and technical staff or service staff of diplomatic missions, or as consular officers of consular missions, and the family members forming part of their households, representing a foreign government with which the United States has an international agreement for the enhancement of immunity of those individuals to diplomatic agent-level immunity; and
( c ) Certain other foreign officials and representatives as determined by the Department of State.
#### § 518.10 Purpose.

Sections 518.11 through 518.17 prescribes forms and instructions and other pre-award matters to be used in applying for Federal awards.
#### The People of the State of New York ex rel. Salvatore Oddo, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent.

In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, entered November 1, 1961, which, after a hearing, dismissed the writ and remanded relator to the custody of respondent. Relator sought his release from confinement on the ground that the action of the Board of Parole, in declaring him delinquent and returning him to prison, was unlawful. At the hearing the relator’s uncontradicted testimony was to the effect that the revocation of his parole was based on evidence obtained in the course of an illegal search and seizure. Order affirmed. No opinion. Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.
### §6501. "Petroleum" defined

As used in this chapter, the term "petroleum" includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.

(Pub. L. 94–258, title I, §101, Apr. 5, 1976, 90 Stat. 303.)

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

#### Short Title

Pub. L. 94–258, §1, Apr. 5, 1976, 90 Stat. 303, provided: "That this Act [enacting this chapter and section 7420 of Title 10, Armed Forces, and amending section 6244 of this title and sections 7421 to 7436 and 7438 of Title 10] may be cited as the 'Naval Petroleum Reserves Production Act of 1976'."
#### In the Matter of the Probate of the Will of William A. Moody, Deceased. Gardina M. Whittingham et al., Appellants; Elizabeth Moody, as Executrix of William A. Moody, Deceased, Respondent.

— The issues as to whether the order was duly served and the date of service are referred to Honorable James T. Hallinan., Official Referee, for hearing and report, together with his recommendation. The motion to compel acceptance of the notice of appeal will be held in abeyance pending receipt of the report. Beldoek, Acting P. J., Christ, Pette and Brennan, JJ., concur.