alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bennett Excavators Corp., Appellant, v. Lasker-Goldman Corporation, Defendant, and Standard Accident Insurance Company, Defendant and Third-Party Plaintiff-Respondent. James Bennett et al., Third-Party Defendants-Appellants.

In an action to recover a balance alleged to be due for work, labor and services rendered and for materials furnished, the defendant Lasker-Goldman Corporation interposed a counterclaim against the plaintiff and against defendant Standard Accident Insurance Company, which had bonded plaintiff’s performance of the contract. Standard pleaded, as a claim against the plaintiff and as a third-party complaint against the third-party defendants, Bennett and Somma, that they had agreed, in writing to indemnify Standard against liability on the bond, and to save it harmless from any expense for counsel fees. The plaintiff and the third-party defendants appeal from an order of the Supreme Court, Kings County, entered April *22,*1959, denying their motion to dismiss the pleading of defendant Standard. Appeal dismissed, without costs. The appellants have failed to submit a proper record as required by the statute and rules (Civ. Prae. Act, § 616; Rules Civ. Prae., rule 234; cf. *Whipple*v. *Ripson,*29 App. Div. 70; *Matter of Goiodey,*101 App. Div. 275). Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
NOTE: This order is nonprecedential.



# United States Court of Appeals for the Federal Circuit
2009-3093 JEWEL MARSHALL-MOSBY,

Petitioner,

v.
UNITED STATES POSTAL SERVICE, Respondent. Petition for review of the Merit Systems Protection Board

in CH0752080296-I-1. ON MOTION Before MAYER, Circuit Judge. ORDER Jewel Marshall-Mosby moves motion for reconsideration of the court's order dismissing her petition for review for failure to file an appendix. The court sua sponte grants Marshall-Mosby an extension of time to file her reply brief and the appendix. Accordingly, The motion is granted. The mandate is recalled, the dismissal order is vacated, and the petition is reinstated. FOR THE COURT 

# JUL 2 9 2009 /s/ Jan Horbalv Date Jan Horbaly Clerk U.R. 06140 1 FSEALS FOR THE F ERAL CIRCUIT cc: David Ratowitz, Esq. Jeffrey D. Klingman, Esq. 

# JUL 2 9 2009 s20 JAN 1101SALY Celt
<PAGE>

                                                                EXHIBIT 10.16E
June 18, 1996


Mr. Wei Yuan
President and Chief Executive Officer
Star Digitel Limited
6th Floor, Star Telecom Tower
414 Kwun Tong Road
Kwun Tong, Kowloon, Hong Kong

Dear Wei:

In consideration of the agreement of IWC China Limited ("IWC China") to waive
the fulfillment of the condition precedent to its obligations to enter into and
complete the "Second Closing" set forth in Section 10.3 of the Subscription
Agreement, dated as of September 23, 1996, among Star Telecom Holding Limited
("STHL"), Star Digitel Limited ("Digitel") and International Wireless
Communications, Inc. ("IWC"), we would like to obtain the following assurances
from Digitel:

Digitel shall indemnify, defend and hold harmless IWC China and its directors,
officers, employees, affiliates, successors and assigns (each, an "Indemnified
Party") from and against all claims, losses, liabilities, damages, deficiencies,
judgments, assessments, fines, settlements, costs or expenses (including
interest, penalties and fees, expenses and disbursements of attorneys, experts,
personnel and consultants incurred by any Indemnified Party in any action or
proceeding between Digitel and any Indemnified Party or between any Indemnified
Party and any third party, or otherwise) based upon, arising out of, relating to
or otherwise in respect of any claims which shall be pending or, to the
knowledge of IWC China, STHL or Digitel, threatened before any Governmental Body
to restrain or prohibit, or to obtain damages or a discovery order in respect
of, the Subscription Agreement or the consummation of the Contemplated
Transactions or that has had or may have, in the reasonable judgment of IWC
China, a materially adverse effect on the Condition of the Companies. 
Capitalized terms used but not defined herein shall have the respective meanings
specified in the Subscription Agreement.

     Please acknowledge your acceptance by counter-signing below.

                                   Sincerely,

STAR DIGITEL LIMITED               IWC CHINA LIMITED


By: /s/ Wei Yuan                    By: /s/ Hugh B.L. McClung
   ------------------------------      ---------------------------------
     Wei Yuan                            Hugh B. L. McClung
     President and Chief                 Vice-Chairman and 
     Executive Officer                   Managing Director, Asia
### §14122. Records: form; inspection; preservation

(a) Form of Records.—The Secretary or the Board, as applicable, may prescribe the form of records required to be prepared or compiled under this subchapter by carriers and brokers, including records related to movement of traffic and receipts and expenditures of money.

(b) Right of Inspection.—The Secretary or Board, or an employee designated by the Secretary or Board, may on demand and display of proper credentials, in person or in writing—

(1) inspect and examine the lands, buildings, and equipment of a carrier or broker; and

(2) inspect and copy any record of—

(A) a carrier, broker, or association; and

(B) a person controlling, controlled by, or under common control with a carrier if the Secretary or Board, as applicable, considers inspection relevant to that person's relation to, or transaction with, that carrier.

(c) Period for Preservation of Records.—The Secretary or Board, as applicable, may prescribe the time period during which operating, accounting, and financial records must be preserved by carriers and brokers.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 112–141, div. C, title II, §32501(d), July 6, 2012, 126 Stat. 803.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

#### Amendments

2012—Subsec. (b). Pub. L. 112–141 inserted ", in person or in writing" after "proper credentials".

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

#### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

#### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
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Youhave reached the Federal Depository Library Program Electronic Collection(FDLP/EC) Archive. This archive assures ongoing access to publications in theFDLP/EC. Access to publications in the archive is available through GPO's suiteof cataloging and locator services, including the Catalog of U.S. GovernmentPublications (CGP).
**Title:****NRC sensitivity and uncertainty analysesfor a proposed HLW repository at Yucca Mountain, Nevada, using TPA 3.1.
 
Vol1. | Vol. 2
 
SuDoc Number:Y 3.N 88:10/1668/V.1-2
Item Number:1051-H-48 (online)
CGP System Number:001013660
 
 
 
** 
**Permanent Public Access
** 
Title 44 of  the United States Code (44 U.S.C. Section 1911) stipulates that public access  to official Government information products disseminated through the Federal  Depository Library Program (FDLP) must be maintained permanently in regional  depository libraries and by depository libraries not served by a regional  library. Since online products are not physically distributed to depository  libraries for retention, GPO has assumed responsibility for the provision of  permanent access to Government information products residing on FDsys  servers.
GPO's  permanent public access commitment is also met by bringing  agency-disseminated Internet resources under the purview of GPO and  incorporating them into a digital archive. GPO captures copies of agency  electronic information products, and creates PURLs so that users will be  automatically redirected to the archived products if the information is no  longer accessible on the agency Web site. Please refer to the report Managing  the FDLP Electronic Collection: A Policy and Planning Document for more  information.
 
August 22, 2017********
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE THREE MONTHS ENDED MARCH 31,
1999.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
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<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           7,552
<SECURITIES>                                    20,529
<RECEIVABLES>                                    4,588
<ALLOWANCES>                                       380
<INVENTORY>                                         89
<CURRENT-ASSETS>                                34,676
<PP&E>                                          12,006
<DEPRECIATION>                                   8,331
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<CURRENT-LIABILITIES>                            2,772
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<PREFERRED-MANDATORY>                                0
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<COMMON>                                            97
<OTHER-SE>                                      43,602
<TOTAL-LIABILITY-AND-EQUITY>                    46,471
<SALES>                                          1,592
<TOTAL-REVENUES>                                 8,410
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<OTHER-EXPENSES>                                 5,227
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<INCOME-CONTINUING>                                900
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<EPS-PRIMARY>                                      .09
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</TABLE>
### §80108. Alterations and additions

An alteration or addition to a bill of lading after its issuance by a common carrier, without authorization from the carrier in writing or noted on the bill, is void. However, the original terms of the bill are enforceable.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 80108 | 49 App.:93. | Aug. 29, 1916, ch. 415, §13, 39 Stat. 540. |

Section

The word "erasure" is omitted as being included in "alteration". The words "whatever be the nature and purpose of the change" are omitted as surplus. The word "terms" is substituted for "tenor" for clarity.
,•

# 'i]eechcraft

In Reply Referto: 940-2014-00214 January 23, 2014 U.S. Department ofTransportation Docket Operations West Building Ground Floor Room W12-140 1200 NewJersey Avenue, SE. Washington, DC 20590 """" r**~.** ·•**~** '**~-** 0 J

.**~** • ' j i
; - ('

..**.I-,~** ...' • -;T ;{I ;_" ::>- "'
..... l\.,. ,;._ Beechcraft Corporation 10511 E. Central Avenue Wichita, Kansas 67206-2557 USA beechcraft.com

Subject: Petition for an Exemption from Requirements of 14 CFR47.69 (b) Permitting Restricted Use ofDealer's Aircraft Registration Certificates Outside ofthe United States Reference: 1.) Raytheon Aircraft CompanyExemptions 6758, 7241, 7241A

Dear Sir: 2.) Beech Aircraft Corporation Exemptions 5125, 5125A, 5125B, 5125C 3.) Hawker Beechcraft Corporation Exemption 9510, 9510A

In accordance with 14 CFRPart 11.63, Beechcraft Corporation (BC) requests an exemption from the requirements of 14 CFR47.69 (b), which states: "ADealer's Aircraft Registration Certificate is valid only in connection with use ofaircraft- (b) Within the United States, except when used to deliver to a foreign purchaser an aircraft displaying a temporary registration number and carrying an airworthiness certificate on which that number is written;" BeechcraftCorporation has been issued such exemptions in the past, as listed in Reference 1, 2, and 3. The exemption Beechcraft Corporation is now requesting is similar in nature, applicability, and scope tothese past exemptions, as well as exemptions granted to other members ofthe general aviation industry. The granting ofthis request will not adversely affect safety, and will allow BeechcraftCorporation to use Dealer's Aircraft Registration Certificates outside the United States for flight testing, sales demonstrations, and marketing ofBeechcraft Corporation products. Additionally, the public interest will be served by increasing international awareness ofU.S. general aviation products and technology. Resulting foreign aircraft sales will help improve the U.S. balance oftrade. Beechcraft Corporation was issued Dealer's Registration Certificate NumberD002889. Beechcraft Corporation agrees to abide by reasonable and customary conditions and limitations imposed by the granting ofthis request. Such limitations and conditions imposed in past exemptions included: 1 . Beechcraft Corporation must own the aircraft; 2. The aircraft must have temporary registration numberoran assigned registration number affixed as provided in 14 CFRpart45;940-2014-00214 

### r.,.._. - ·.• Page 2 of2
3. Beechcraft Corporation must keep records ofeach international flight for one year afterthe aircraft returns to the United States. Such records must contain the following information: a. Registrations number and Manufacturer's serial number; b. Dates ofdeparture and return tothe Unites States, and c. General overseas itinerary. 4. A copy ofthe exemption mustbe carried in each aircraft operated outside the United States underthe privileges ofthe exemption. Sincerely, BEECH CRAFT CORPORATION

# 12.e.M~ Randolph Shields, Director Safety and Certification RS/dmc
#### In the Matter of Patricia Montanino et al., Petitioners, v William J. Rowley et al., Respondents.

[831 NYS2d 916]

Proceeding pursuant to Public Officers Law § 36 to remove the respondents William J. Rowley, Christopher D. Bodkin, and Pamela Greene from public office in the Town of Islip. Separate motions by the respondents pursuant to CPLR 3211 (a) (7), in effect, to dismiss the petition for failure to state a cause of action. Cross motion by the petitioners for leave to conduct discovery and for the appointment of a referee.

Ordered that the motions pursuant to CPLR 3211 (a) (7) to dismiss the petition for failure to state a cause of action are granted; and it is further,

Adjudged that the proceeding is dismissed, on the merits; and it is further,

Ordered that the petitioners’ cross motion for leave to conduct discovery and for the appointment of a referee is denied as academic; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The petition fails to allege misconduct by the respondents *654which rises to the level necessary to justify the extreme remedy of removal from office pursuant to Public Officers Law § 36 (see *Feustel v Rosenblum,*36 AD3d 615 [2007]; *Matter of Callari v Bailes,*302 AD2d 595 [2003]).

The cross motion for leave to conduct discovery and for the appointment of a referee is denied as academic. Mastro, J.P., Florio, Garni and McCarthy, JJ., concur.
### §57303. Utility value and tonnage requirements

(a) Utility Value.—The utility value of a new vessel to be acquired under this chapter for operation in the domestic or foreign commerce of the United States may not be substantially less than that of the obsolete vessel acquired in exchange under this chapter.

(b) Tonnage.—If the Secretary of Transportation finds that the new vessel will have a utility value at least equal to that of the obsolete vessel, the new vessel may be of lesser gross tonnage than the obsolete vessel. However, the gross tonnage of the new vessel must be at least one-third the gross tonnage of the obsolete vessel.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1662.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 57303 | 46 App.:1160(c). | June 29, 1936, ch. 858, title V, §510(c), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161. |

Section
EXHIBIT
32.1




CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)




In
connection with the Quarterly Report of NeoMedia Technologies, Inc., a Delaware
corporation (the “Company”) on Form 10-Q for the quarter ended September 30,
2009 as filed with the Securities and Exchange Commission (the “Report”), Iain
A. McCready, does hereby certify, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. Section 1350), that to his knowledge:




1.           The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and




2.           The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operation of the Company.





/s/   Iain A. McCreadyIain A. McCready
                Chief Executive Officer
                November 16, 2009
#### Dorothy A. Biven, Respondent, v H. Eugene Biven, Appellant.

(Appeal No. 2.)

Appeal unanimously dismissed as moot. Same memorandum as in *Biven v Biven*(62 AD2d 1145). (Appeal from order of Onondaga Supreme Court—temporary alimony.) Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ.
#### § 56.19073 Hoisting during shift changes.

Rock or supplies shall not be hoisted in the same shaft as persons during shift changes, unless the compartments and dumping bins are partitioned to prevent spillage into the cage compartment.
Exhibit
10.1


 


AMENDMENT
NO. 2


to the


2020 STOCK INCENTIVE PLAN


of


QUALIGEN THERAPEUTICS, INC.


 


(Effective
November 23, 2022)


 


This
Amendment No. 2 (this “Amendment”) to the 2020 Stock Incentive Plan of Qualigen Therapeutics, Inc. (the “Company”)
is hereby adopted by the Board of Directors of the Company (the “Board”), effective as of the date first referenced
above.


 


WHEREAS,
the 2020 Stock Incentive Plan of Qualigen Therapeutics, Inc. (the “Plan”) was adopted by the Board on behalf
of the Company on April 8, 2020;


 


WHEREAS,
the Plan was subsequently amended by the Company’s stockholders on August 9, 2021;


 


WHEREAS,
as of the date first set forth above, the Company has effectuated a 1-for-10 reverse stock split (the “Reverse Split”)
of the shares of the Company’s common stock, par value $0.001 per share (“Common Stock”);


 


WHEREAS,
pursuant to Section 3.5 of the Plan, if the number of outstanding shares of Common Stock (the “Shares”) is
changed by a stock dividend, extraordinary dividends or distributions (whether in cash, shares or other property, other than a regular
cash dividend) recapitalization, stock split, reverse stock split, subdivision, combination, reclassification, spin-off or similar change
in the capital structure of the Company without consideration, then (a) the number of Shares reserved for issuance and future grant under
the Plan set forth in Section 3.1 of the Plan, (b) the exercise prices of and number of Shares subject to outstanding Options and Stock
Appreciation Rights; (c) the number of Shares subject to other outstanding Awards; (d) the maximum number of shares that may be issued
as incentive stock options (“ISOs”) set forth in Section 3.4 of the Plan; and (e) the number of Shares that may be granted
as Awards to Non-Employee Directors as set forth in Article 10 of the Plan, will be proportionately adjusted, subject to any required
action by the Board or the stockholders of the Company and in compliance with applicable securities laws, provided that fractions of
a Share will not be issued.; and


 


WHEREAS,
the Board wishes to amend the Plan to make certain adjustments contemplated by Section 3.5 of the Plan to reflect the Reverse Split.


 


NOW,
THEREFORE, BE IT RESOLVED,


 


	1.	Section
    3.1 of the Plan is hereby amended to change the total number of Shares reserved and available for grant and issuance pursuant to
    the Plan from 7,557,157 to 755,715.
	 	 
	2.	Section
    3.4 of the Plan is hereby amended to change the Shares that may be issued pursuant to the exercise of ISOs from 98,000,000 to 9,800,000.
	 	 
	3.	Except
    as modified herein, all terms and conditions of the Plan shall remain in full force and effect.
	 	 
	4.	This
    Amendment shall be construed and enforced in accordance with and governed by the laws of the State of Delaware, without regard to
    conflicts of law.
	 	 
	5.	If
    any provision of this Amendment is or becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability
    of the remaining provisions contained herein shall not be affected thereby.
#### § 57.11036 Ladderway trap doors and guards.

Trap doors or adequate guarding shall be provided in ladderways at each level. Doors shall be kept operable.
### §30147. Responsibility for defects and noncompliance

(a) Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.—(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title—

(A) for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this title demonstrates otherwise to the Secretary of Transportation; and

(B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under section 30142 of this title.

(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.

(b) Financial Responsibility Requirement.—The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 966.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30147(a) | 15:1397(d)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(d); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2821. |
| 30147(b) | 15:1397(d)(2). | |

Section

In this section, the words "(relating to discovery, notification, and remedy of motor vehicle defects)" are omitted as surplus.

In subsection (a)(1)(A), the words "for a motor vehicle" are substituted for "in, or regarding, any motor vehicle" to eliminate unnecessary words.

In subsection (a)(1)(B), the word "compliance" is substituted for "conformity" for consistency in this chapter.