alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Iberico Goncalves, Plaintiff, v 515 Park Avenue Condominium et al., Defendants. (And a Third-Party Action.) Hird Blaker, Inc., Second Third-Party Plaintiff-Appellant, v Woodworks Construction Company, Inc., Second Third-Party Defendant-Respondent.

[833 NYS2d 453]

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 29, 2005, which, in an action for personal injuries sustained by a worker at a construction site, insofar as appealed from as limited by stipulation, granted second third-party defendant Woodworks Construction Company, Inc.’s motion for summary judgment dismissing second third-party plaintiff Hird Blaker, Inc.’s claim for contractual indemnification, unanimously affirmed, with costs.

The unsigned contract, denominated a purchase order, between subcontractor Hird and sub-subcontractor Woodworks, plaintiffs employer, specifically requires Woodworks to “receive, distribute and install all work” in accordance with the terms of the attached “trade subcontract” between Hird and the general contractor. We hold that this language does not incorporate the provisions of the trade subcontract relating to indemnification*.*‘ [^Incorporation clauses in a construction subcontract, incorporating prime contract clauses by reference into a subcontract, bind a subcontractor only as to prime contract provisions relating to the scope, quality, character and manner of the work to be performed by the subcontractor” *(see Bussanich v 310 E. 55th St. Tenants,*282 AD2d 243, 244 [2001]). Nor is such *263incorporation accomplished by the portion of the “scope of work” clause of the trade subcontract requiring second-tier subcontractors like Woodworks to “maintain insurance equal to that required by this [sub]contract and be bound by the same terms and conditions as those of th[is] subcontract.” Consistent with this reference in the trade subcontract to second-tier contractors, and separate from the above reference in the purchase order to the trade subcontract’s requirements relating to the receipt, distribution and installation of work, the purchase order obligates Woodworks “to comply with ... insurance coverage required by [the general contractor],” but, as there is no mention of indemnification and no reference to the trade subcontract, we hold that such obligation to obtain insurance does not entail an obligation to indemnify. While the purchase order is ambiguous in not setting forth the general contractor’s “insurance coverage require[ments],’’ any such requirements clearly cannot be construed so broadly as to require Woodworks to provide indemnification other than in the insurance context, i.e., obtaining insurance naming the owner and other contractors as additional insureds *(see generally Hooper Assoc. v AGS Computers,*74 NY2d 487, 491-492 [1989] [promise to indemnify should not be found unless clear]). Bird appears to concede that Woodworks obtained the required insurance. We have considered Bird’s other arguments and find them unavailing. Concur—Saxe, J.E, Friedman, Sweeny, McGuire and Malone, JJ.
### §100723. Actions

(a) Civil Action for Response Costs and Damages.—The Attorney General, on request of the Secretary after a finding by the Secretary of destruction, loss, or injury to a System unit resource or a finding that absent the undertaking of a response action, destruction, loss, or injury to a System unit resource would have occurred, may bring a civil action in United States district court against any person or instrumentality that may be liable under section 100722 of this title for response costs and damages. The Secretary shall submit a request for the civil action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for those costs and damages under section 100722 of this title.

(b) Response Actions and Assessment of Destruction, Loss, or Injury.—

(1) Actions to prevent or minimize destruction, loss, or injury.—The Secretary shall undertake all necessary actions to—

(A) prevent or minimize the destruction, loss of, or injury to System unit resources; or

(B) minimize the imminent risk of destruction, loss, or injury to System unit resources.

(2) Assessment and monitoring.—The Secretary shall assess and monitor destruction, loss, or injury to System unit resources.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 100723 | 16 U.S.C. 19jj–2. | Pub. L. 101–337, §3, July 27, 1990, 104 Stat. 380. |

Section

In this section, the words "destruction, loss, or injury" are substituted for "damage" in subsection (a) and for "damages" in subsection (b) for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.

In subsection (a), the words "response action" are substituted for "response costs" the 1st time the words appear for clarity and consistency in the new chapter.
### §8958. Premiums

(a) Each eligible individual obtaining supplemental dental coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage.

(b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment.

(c) The amount necessary to pay the premiums for enrollment may—

(1) in the case of an employee, be withheld from the pay of such an employee;

(2) in the case of an annuitant, be withheld from the annuity of such an annuitant;

(3) in the case of a covered TRICARE-eligible individual who receives pay from the Federal Government or an annuity from the Federal Government due to the death of a member of the uniformed services (as defined in section 101 of title 10), and is not a former spouse of a member of the uniformed services, be withheld from—

(A) the pay (including retired pay) of such individual; or

(B) the annuity paid to such individual; or

(4) in the case of a covered TRICARE-eligible individual who is not described in paragraph (3), be billed to such individual directly.

(d) All amounts withheld under this section shall be paid directly to the qualified company.

(e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require.

(f)(1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.

(2)(A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.

(B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Dental Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.

(Added Pub. L. 108–496, §2, Dec. 23, 2004, 118 Stat. 4004; amended Pub. L. 114–328, div. A, title VII, §715(b)(1), Dec. 23, 2016, 130 Stat. 2222.)

#### **Editorial Notes**

#### Amendments

2016—Subsec. (c)(3), (4). Pub. L. 114–328 added pars. (3) and (4).

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

#### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 applicable with respect to the first contract year for chapter 89A or 89B of this title, as applicable, that begins on or after Jan. 1, 2018, see section 715(c) of Pub. L. 114–328, set out as a note under section 8951 of this title.

#### Effective Date

Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.
### Part D—Hazardous Material and Pipeline Security
exv10w20



 







Exhibit 10.20




Katy Industries, Inc.

Director Compensation Arrangements



1. Retainer





	 	a.	 	Each non-employee director receives a $10,000 annual
retainer, paid annually in advance.
	 
	 	b.	 	The chair of the Compensation Committee and the chair of the
Audit Committee each receive an additional $6,000 annual retainer, paid annually
in advance.




2. Meeting Fees





	 	a.	 	Each non-employee director is paid $2,500 for each full Board
meeting he or she attends in person and $1,000 for each full Board meeting he or
she attends telephonically.
	 
	 	b.	 	Each non-employee director is paid $1,000 for each full Committee
meeting he or she attends in person and $500 for each full Committee meeting he or
she attends telephonically.




3. Stock Options





	 	a.	 	Each non-employee director receives an annual option grant of 2,000
options at the May Board Meeting each year. The exercise price is the fair market
value on the date of grant. The director may exercise these options at any time
during the ten years from the date of grant.




4. Stock Grant





	 	a.	 	Each non-employee director receives a grant of 2,000 shares
of Katy Common Stock at the May Board Meeting each year. These shares are
unrestricted.




5. Meeting Expenses





	 	a.	 	Katy reimburses directors for their expenses incurred in
attending Board of Director and Committee meetings.




6. Deferred Compensation Plan





	 	a.	 	Each non-employee director may defer directors’ fees,
retainers and other compensation paid for services as a director until the later
of the director’s attainment of age 62 or ceasing to be a director. Each director
has 30 days before the beginning of a Plan Year (as defined in the Directors’
Deferred Compensation Plan) in which to elect to participate in the Directors’
Deferred Compensation Plan. Directors may invest these amounts in one or more
investment alternatives offered by Katy. Directors may elect to receive
distributions of deferred amounts in a lump sum or five annual installments.




Note: Class II directors and those directors that are also officers do not receive the compensation
described in this section for their service on the Board of Directors.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE LIFECORE
BIOMEDICAL, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS FOR THE 3
MONTHS ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000028626
<NAME> LIFECORE BIOMEDICAL
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         931,000
<SECURITIES>                                35,086,000
<RECEIVABLES>                                2,636,000
<ALLOWANCES>                                   298,000
<INVENTORY>                                  8,574,000
<CURRENT-ASSETS>                            29,621,000
<PP&E>                                      13,488,000
<DEPRECIATION>                               4,751,000
<TOTAL-ASSETS>                              62,782,000
<CURRENT-LIABILITIES>                        4,021,000
<BONDS>                                      7,142,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       121,000
<OTHER-SE>                                  51,498,000
<TOTAL-LIABILITY-AND-EQUITY>                62,782,000
<SALES>                                      3,568,000
<TOTAL-REVENUES>                             3,568,000
<CGS>                                        2,098,000
<TOTAL-COSTS>                                4,621,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             156,000
<INCOME-PRETAX>                              (654,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (654,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (654,000)
<EPS-PRIMARY>                                    (.05)
<EPS-DILUTED>                                    (.05)
        

</TABLE>
### §161. Establishment of Office; Director

#### (a) Establishment

#### (1) In general

There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this subchapter referred to as the "Office").

#### (2) Authority

The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute of Justice.

#### (b) Director

The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual.

(Pub. L. 107–296, title II, §231, Nov. 25, 2002, 116 Stat. 2159.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in subsec. (a)(1), was in the original "this title", meaning title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables.
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

William Melvin Edwards, Jr., Appellant

No. 06

- 17

- 00009

- CR v.

The State of Texas, Appellee Appeal from the 52nd District Court of Coryell County, Texas (Tr. Ct. No. 16

- 23,249 ). Opinion de livered by Justice Moseley, Chief Justice Morriss and Justice Burgess participating.

As stated in the Court’s opinion of this date, we find there was partial error in the judgment

of the court below. Therefore, we modify the trial court’s judgment by (1) removing all of the

language under the “ Terms of Plea Bargain ” section, (2) removing any language assessing attorney

fees, (3) removing the language incorporating Attachment A, and (4) reducing the assessed court

costs to $412.00. As modified, the judgment of the trial court is affirmed.

We note that the appellant, William Melvin Edwards, Jr., has adequately indicated his

inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED AUGUST 1, 2017

BY ORDER OF THE COURT JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
EXHIBIT 21

SUBSIDIARIES OF SECURITY CAPITAL CORPORATION

|NAME                                       |  | JURISDICTION OF
INCORPORATION
|------------------------------------------ |  | -----------------------------
|Security Capital Insurance Group, Inc.     |  | Delaware                     
|Possible Dreams, Ltd.                      |  | Delaware                     
|P.D. Holdings, Inc.                        |  | Delaware                     
|Pumpkin Masters Holdings, Inc.             |  | Delaware                     
|Pumpkin, Ltd.                              |  | Delaware                     
|Primrose Holdings, Inc.                    |  | Delaware                     
|Primrose School Franchising Company        |  | Georgia                      
|The Jewel I, Inc.                          |  | Georgia                      
|PS-Bentwater, Inc.                         |  | Georgia                      
|WC Holdings, Inc.                          |  | Delaware                     
|Health Power, Inc.                         |  | Delaware                     
|CompManagement, Inc.                       |  | Ohio                         
|CompManagement Disability Services Company |  | Virginia                     
|CompManagement Health Systems, Inc.        |  | Ohio                         
|CompManagement of Virginia, Inc.           |  | Virginia                     
|M & N Risk Management, Inc.                |  | Ohio                         
|CMI Management Company                     |  | Ohio                         
|CMI Barron Risk Management Services, Inc.  |  | Texas                        

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF GREATE BAY CASINO CORPORATION AND
SUBSIDIARIES AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK> 0000030117
<NAME> GREATE BAY CASINO CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           8,915
<SECURITIES>                                         0
<RECEIVABLES>                                      304
<ALLOWANCES>                                       220
<INVENTORY>                                        158
<CURRENT-ASSETS>                                12,700
<PP&E>                                           2,211
<DEPRECIATION>                                     999
<TOTAL-ASSETS>                                  18,777
<CURRENT-LIABILITIES>                          108,820
<BONDS>                                         32,022
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           519
<OTHER-SE>                                    (141,360)
<TOTAL-LIABILITY-AND-EQUITY>                    18,777
<SALES>                                              0
<TOTAL-REVENUES>                                 2,352
<CGS>                                                0
<TOTAL-COSTS>                                        4
<OTHER-EXPENSES>                                (3,787)
<LOSS-PROVISION>                                     7
<INTEREST-EXPENSE>                               3,851
<INCOME-PRETAX>                                  2,277
<INCOME-TAX>                                         2
<INCOME-CONTINUING>                              2,275
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,275
<EPS-PRIMARY>                                      .44
<EPS-DILUTED>                                      .44
        

</TABLE>
<TABLE> <S> <C>
                     
<ARTICLE>                                     5
<MULTIPLIER>                              1,000
                           
<S>                                         <C>
<PERIOD-TYPE>                             3-MOS
<FISCAL-YEAR-END>                   DEC-31-1996
<PERIOD-END>                        Jun-30-1997
<CASH>                                    3,112
<SECURITIES>                                  0
<RECEIVABLES>                            18,288
<ALLOWANCES>                                719
<INVENTORY>                              15,012
<CURRENT-ASSETS>                         37,584
<PP&E>                                    5,908
<DEPRECIATION>                           10,954
<TOTAL-ASSETS>                           48,266
<CURRENT-LIABILITIES>                    28,209
<BONDS>                                       0
<COMMON>                                  2,345
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<OTHER-SE>                               17,712
<TOTAL-LIABILITY-AND-EQUITY>             48,266
<SALES>                                  29,472
<TOTAL-REVENUES>                         29,472
<CGS>                                    23,776
<TOTAL-COSTS>                            23,776
<OTHER-EXPENSES>                          4,147
<LOSS-PROVISION>                              0 
<INTEREST-EXPENSE>                          309
<INCOME-PRETAX>                           1,249
<INCOME-TAX>                                  0
<INCOME-CONTINUING>                       1,249 
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                              1,249 
<EPS-PRIMARY>                              0.20 
<EPS-DILUTED>                              0.20   

        
<PAGE>




</TABLE>
<PAGE>

                                                                     EXHIBIT 14d

                          CALEDONIA MINING CORPORATION

                     MINERAL PROPERTIES (THOUSANDS OF $CDN)

The following is a summary of Caledonia's mineral properties and the capitalized
costs as at the 31st December 2003:
<TABLE>
<S>                           <C>         <C>
CANADA:

         Nunavut                          $   750
AFRICA:

         SOUTH AFRICA          5,418
         ZAMBIA                1,044
                              ------

                                            6,462
                                          -------
TOTAL MINERAL PROPERTIES                  $ 7,212
                                          -------
</TABLE>

NOTE: The cost of acquisition of mineral properties and all related exploration
and development expenditures, less recoveries, are capitalized and carried as an
asset to be amortized against income if the property is brought into commercial
production or charged to income if the property is, or is to be, abandoned or
disposed of.