alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 13(b)**

**REPORT OF INDEPENDENT ACCOUNTANTS**

To the Shareholders and Board of Directors

HickoryTech Corporation

    Wehave audited the consolidated balance sheet of Hickory Tech Corporation and subsidiaries as of December 31, 1997 and the related consolidated statement of income,shareholders' equity and cash flows for the year ended December 31, 1997. These financial statements are the responsibility of the Company's management. Our responsibility is to express anopinion on these financial statements based on our audits.

    Weconducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance aboutwhether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An auditalso includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our auditprovide a reasonable basis for our opinion.

    Inour opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Hickory Tech Corporation and subsidiariesas of December 31, 1997 and the results of their operations and their cash flows for the year ended December 31, 1997, in conformity with generally accepted accounting principles.

OLSENTHIELEN & CO., LTD.

St.Paul, Minnesota
### §403r. Transferred

#### **Editorial Notes**

#### Codification

Section 403r, comprising section 18 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3518 of this title.
§ 213.1 Purpose. ( a ) Authorizes 32 CFR part 212.
( b ) Establishes policy and assigns responsibilities under DoD Directive 5124.8[1] for standardizing support to non-Federal entities authorized to operate on DoD installations.
( c ) Designates the Secretary of the Army as the DoD Executive Agent (DoD EA) according to DoD Directive 5101.1:[2] ( 1 ) For DoD support to the Boy Scouts of America (BSA) and Girl Scouts of the United States of America (GSUSA) local councils and organizations in areas outside of the United States 10 U.S.C. 2606. DoD support will also cover the periodic national jamboree according to 10 U.S.C. 2606.
( 2 ) To perform the annual audit of the American Red Cross (ARC) accounts and to prepare and submit the annual report to Congress according to 36 U.S.C. 300110.
( 3 ) To provide the ARC with the necessary deployment support.
( d ) Designates the Secretary of the Air Force as the DoD EA responsible for conducting the Armed Forces Entertainment (AFE) program.
Footnotes -
213.1
[1] Copies may be obtained at *http://www.dtic.mil/whs/directives/ .*
[2] Copies may be obtained at *http://www.dtic.mil/whs/directives/ .*
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           4,963
<SECURITIES>                                    17,142
<RECEIVABLES>                                    6,488
<ALLOWANCES>                                       125
<INVENTORY>                                      6,045
<CURRENT-ASSETS>                                36,052
<PP&E>                                           5,359
<DEPRECIATION>                                   2,788
<TOTAL-ASSETS>                                  55,177
<CURRENT-LIABILITIES>                            3,744
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,735
<OTHER-SE>                                      18,698
<TOTAL-LIABILITY-AND-EQUITY>                    55,177
<SALES>                                         36,636
<TOTAL-REVENUES>                                36,636
<CGS>                                           16,499
<TOTAL-COSTS>                                   16,499
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    11
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  5,404
<INCOME-TAX>                                     1,735
<INCOME-CONTINUING>                              3,669
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,669
<EPS-PRIMARY>                                     0.71
<EPS-DILUTED>                                     0.69
        


</TABLE>
Fourth Court of Appeals

San Antonio, Texas

August 10, 2018

No. 04-18-00454-CV

Jeremy DELGADO,

Appellant

v.

Charlene MENDEZ,

Appellee

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2017-CI-10408

Honorable Karen H. Pozza, Judge Presiding

ORDER

The trial court clerk has filed a notification of late record, stating that the appellant has 

failed to pay or make arrangements to pay the fee for preparing the clerk’s record and that the 

appellant is not entitled to appeal without paying the fee.

We, therefore, ORDER appellant to provide written proof to this court within ten days of 

the date of this order that either (1) the clerk’s fee has been paid or arrangements have been made 

to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If 

appellant fails to respond within the time provided, this appeal will be dismissed for want of 

prosecution. See TEX. R. APP. P. 37.3(b); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of 

appeal if appellant fails to comply with an order of this court).

_________________________________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 10th day of August, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
### §798. Repealed. Pub. L. 103–199, title VIII, §803(1), Dec. 17, 1993, 107 Stat. 2329

Section, act Sept. 23, 1950, ch. 1024, title I, §1(b), 64 Stat. 987, provided that the Internal Security Act of 1950 not be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of press or of speech as guaranteed by Constitution.
#### § 1901.23 Notification of decision and right of appeal.

Within ten (10) days of receipt of responses to all initial taskings and subsequent coordinations (if any), and dispatch of referrals (if any), the Agency will provide disclosable records to the requester. If a determination has been made not to provide access to requested records (in light of specific exemptions) or that no records are found, the Agency shall so inform the requester, identify the denying official, and advise of the right to administrative appeal.
§ 21.515 Who reports the information for the CFDA? ( a ) Each DoD Component that provides financial assistance must: ( 1 ) Report to the Defense Assistance Awards Data System (DAADS) Administrator all new programs and changes as they occur or as the DoD Component submits its annual updates to existing CFDA information. DAADS is further described in §§ 21.520 through 21.555.
( 2 ) Identify to the DAADS Administrator a point-of-contact who will be responsible for reporting the program information and for responding to inquiries related to it.
( b ) The DAADS Administrator is the Department of Defense's single liaison with whom DoD Components that collect and compile such program information work to report the information to OMB and GSA.
[85 FR 51240, Aug. 19, 2020]
# C_2009180EN.01004102.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/41 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/41

---

Judgment of the Court of First Instance of 11 June 2009 — Italy v Commission

(Case T-222/04) (1)

1

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Existing aid or new aid - Article 86(2) EC)

2009/C 180/75

Language of the case: Italian

Parties

Parties

Applicant: Italian Republic (represented: initially, by I. Braguglia and, subsequently, by R. Adam and I. Bruni, Agents, and M. Fiorilli, avvocato dello Stato)

Applicant:

Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)

Defendant:

Re:

Re:

Application for annulment of Article 2 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the Italian Republic to pay its own costs as well as those incurred by the Commission. |
| --- | --- |

2.

Orders the Italian Republic to pay its own costs as well as those incurred by the Commission.

---

(1)  OJ C 233, 28.9.2002 (formerly Case C-290/02).

1

---
##### 



EXHIBIT 10.42
  
   1.
    
    Cash Compensation (effective January 1, 2007)
 1.
    
    Annual base salary: $363,1402.
    
    Incentive bonus target: $243,3043.
    
    Total target cash compensation (TTC): $606,444
  2.
    
    Long-Term Incentives
 (a)
    
    Sybase Stock Option Grant (4-year vest)
 
    
    10,500 options
 (b)
    
    Restricted Stock Grant (performance vest)
 
    
    8,600 shares
 (c)
    
    Restricted Stock Grant (time vest)
 
    
    4,700 shares
    /s/ John S. ChenJohn S. ChenChairman, CEO and President
### §6329c. Weather and safety leave

(a) Definitions.—In this section—

(1) the term "agency"—

(A) means an Executive agency (as defined in section 105 of this title);

(B) includes the Department of Veterans Affairs; and

(C) does not include the Government Accountability Office; and

(2) the term "employee"—

(A) has the meaning given the term in section 2105; and

(B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.

(b) Leave for Weather and Safety Issues.—An agency may approve the provision of leave under this section to an employee or a group of employees without loss of or reduction in the pay of the employee or employees, leave to which the employee or employees are otherwise entitled, or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to—

(1) an act of God;

(2) a terrorist attack; or

(3) another condition that prevents the employee or group of employees from safely traveling to or performing work at an approved location.

(c) Records.—An agency shall record leave provided under this section separately from leave authorized under any other provision of law.

(d) Regulations.—Not later than 270 days after the date of enactment of this section, the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including—

(1) guidance to agencies regarding the appropriate purposes for providing leave under this section; and

(2) the proper recording of leave provided under this section.

(e) Relation to Other Laws.—Notwithstanding subsection (a) of section 7421 of title 38, this section shall apply to an employee described in subsection (b) of that section.

(Added Pub. L. 114–328, div. A, title XI, §1138(e)(1), Dec. 23, 2016, 130 Stat. 2469.)

#### **Editorial Notes**

#### References in Text

The date of enactment of this section, subsec. (d), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 20533 Summary Calendar

**David Garza,**
Plaintiff

— Appellant **,**

versus **Lorie Davis; Troy Selman,** Warden **; Betty Williams,**  Medical Doctor **,** Defendants

— Appellees

**.**

Appeal from the United States District Court for the Southern District of Texas No. 4:18

- CV

- 4387

Before **Smith, Stewart,** and **Graves,** Circuit Judges

. **Per Curiam**  **:** * David Garza, Texas inmate #1633521, appeals the summary
- judgment dismissal of his 42 U.S.C. § 1983 civil action alleging that the defendants were deliberately indifferent to his serious medical needs by denying him proper

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opin

ion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 7, 2022

Lyle W. Cayce Clerk Case: 20-20533 Document: 00516158826 Page: 1 Date Filed: 01/07/2022No. 20

- 20533

2 medication to manage his chronic pain. Garza further challenges the denials of his motion to amend and supplement his complaint and his motion for appointment of counsel. We affi rm. The district court did not err by granting summary judgment. See McFaul v. Valenzuela , 684 F.3d 564, 571 (5th Cir. 2012). The competent

sum mary judgment evidence show s that Dr. Williams prescribed Garza a
30

- day course of naproxen

— the pain medicati on he specifically requested

— with no refills and warned him about risks of long

- term use of naproxen that were specific to his underlying health conditions. The evidence also shows that Garza was prescribed two other medication s for pain management

— one wi th multiple refills

— and also had access to acetaminophen by request. Accordingly, the district court properly determined that there is no genuine dispute of material fact and that Dr. Williams is entitled to judgment as a matter of law. See **Fed. R. Civ. P**  . 56(a) ; Gobert v. Caldwell , 463 F.3d 339, 345

- 46 (5th Cir. 2006) . Furthermore, Garza has waived, by failure to brief, any challenge to the summary judgment for the remaining defen dants. See Grant v. Cuellar , 59 F.3d 523, 524 (5th Cir. 1995) ; Brinkmann v. Dallas Cnty. Deputy Sheriff Abner , 813 F.2d 744 , 748 (5th Cir. 198 7 )

. Additionally, Garza fails to show an abuse of discretion in the denial of his motions to amend and supplement his complaint. See Pervasive Soft

ware Inc. v. Lexware GmbH & Co. KG , 688 F.3d 214, 232 (5th Cir. 2012) ; Burns v. Exxon Corp ., 158 F.3d 336, 343 (5th Cir. 1998). H e also does not demonstrate that the district court abuse d its discretion in declin ing to appoint counsel. See Baranowski v. Hart , 486 F.3d 112, 126 (5th Cir. 2007).
**AFFIRMED**

. Case: 20-20533 Document: 00516158826 Page: 2 Date Filed: 01/07/2022
```

                                                                   EXHIBIT 10.31

                    WILLIAM JOHNSON COMPENSATION ARRANGEMENT

         On June 13, 2005, American Technical Ceramics Corp. (the "Company")
appointed William Johnson as the Company's Vice President Sales. The terms of
Mr. Johnson's compensation arrangement are as follows:

         Mr. Johnson shall receive an annual base salary of $175,000 which will
be reviewed annually by the Board in accordance with the Company's standard
practices. In addition, Mr. Johnson shall also be entitled to incentive
compensation equal to (i) .25% of the amount by which sales of the Company's
passive components in each fiscal quarter exceed sales of such components in the
comparable fiscal quarter in the immediately preceding year, and (ii) .25% of
the Company's (overall) pre-tax profits in each fiscal quarter (the latter
portion being pursuant to the Company's Officers' Incentive Plan). The incentive
compensation shall be paid on a quarterly basis; however, in the event of a
decline in sales of passive components in a quarter compared to the comparable
quarter in the immediately preceding fiscal year, or a net loss in any quarter
within a particular fiscal year, as the case may be, the amount of such decline
or net loss, as applicable, will be applied to reduce the amount of the
incentive compensation, if any, to which Mr. Johnson may be entitled in respect
of subsequent quarters in that fiscal year.

        On August 1, 2005, Mr. Johnson was granted an option to purchase 40,000
shares of the Company's common stock at an exercise price equal to $13.22 per
share, the prevailing market price on the date of grant. The option will vest at
the rate of 25% per year from the date of grant.

         Mr. Johnson shall be entitled to use of a Company-owned car and was
paid $30,000 in respect of his relocation. The Company will also reimburse Mr.
Johnson for the cost of his lodging for the first six months of his employment
or until he moves into his own home, whichever occurs earlier, up to a maximum
of $1,600 per month, as well as his reasonable expenses, including airfare, for
one weekend "house-hunting" trip.

         Mr. Johnson shall be entitled to participate in Company-sponsored
benefit plans for which he is or becomes eligible, including vacation, health
insurance, life insurance, long term disability insurance, flexible spending and
401(k) plans.
```
§ 21.520 What are the purposes of the Defense Assistance Awards Data System (DAADS)? Data from the Defense Assistance Awards Data System (DAADS) are used to provide: ( a ) DoD inputs to meet statutory requirements for Federal Governmentwide reporting of data related to obligations of funds by assistance instrument.
( b ) A basis for meeting Governmentwide requirements to report to *USASpending.gov* (or any successor site designated by OMB) and for preparing other recurring and special reports to the President, the Congress, the Government Accountability Office, and the public.
( c ) Information to support policy formulation and implementation and to meet management oversight requirements related to the use of awards.
[68 FR 47153, Aug. 7, 2003, as amended at 85 FR 51240, Aug. 19, 2020]
#### § 219.119 Research undertaken without the intention of involving human subjects.

Except for research waived under § 219.101(i) or exempted under § 219.104, in the event research is undertaken without the intention of involving human subjects, but it is later proposed to involve human subjects in the research, the research shall first be reviewed and approved by an IRB, as provided in this policy, a certification submitted by the institution to the Federal department or agency component supporting the research, and final approval given to the proposed change by the Federal department or agency component.
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00497-CV

CNMK TEXAS PROPERTIES LLC d/b/a Cinemark Movies 12,

Appellant

v.

Sandra Rodriguez and R. s

Sandra RODRIGUEZ and Ruperto R. Rodriguez,

Appellees

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2011CVT00752 D4

Honorable Oscar J. Hale, Jr., Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Rebeca C. Martinez, Justice

Delivered and Filed: May 14, 2014

JUDGMENT VACATED; REMANDED

The parties filed a joint motion to vacate the trial court’s judgment without regard to the 

merits and remand this cause to the trial court for disposition in accordance with the parties’ 

settlement agreement. We grant the motion, vacate the trial court’s judgment and all pretrial and 

trial rulings incorporated and merged into that final judgment, and remand for further proceedings. 

See TEX. R. APP. P. 43.2.

Sandee Bryan Marion, Justice
[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Page 85659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28732]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3546-EM; Docket ID FEMA-2020-0001]


Florida; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of an emergency declaration for 
the State of Florida (FEMA-3546-EM), dated September 15, 2020, and 
related determinations.

DATES: This amendment was issued September 18, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for 
the State of Florida is hereby amended to include reimbursement for 
eligible emergency protective measures for the following areas among 
those areas determined to have been adversely affected by the event 
declared an emergency by the President in his declaration of September 
15, 2020.

    Calhoun, Franklin, Gadsden, Gulf, Jackson, and Liberty Counties 
for reimbursement for eligible emergency protective measures 
(already designated for emergency protective measures [Category B], 
limited to direct Federal assistance, under the Public Assistance 
program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050 Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-28732 Filed 12-28-20; 8:45 am]
BILLING CODE 9111-23-P