alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

EXHIBIT 10 (v)

EMPLOYMENT LETTER BETWEEN CVF AND ROBERT L. MILLER DATED JUNE 8, 1999, AS
AMENDED ON AUGUST 14, 2002

We are pleased to offer you the position of Chief Financial Officer of CVF
Technologies Corporation, your employment to commence on June 14, 1999. Your
responsibilities will include maintenance of CVF's books and records and
preparation of monthly and quarterly financial statements, annual financial
statements, financial budgeting, regular reporting to relevant securities
commissions (in co-operation with our external auditors and legal counsel) and
other assignments related to specific portfolio companies of CVF as may be
requested by myself. Your compensation package will be $62,500 per year, plus
such bonus and stock options as may be paid or granted at the discretion of the
Board of Directors. The termination of your employment by either yourself or CVF
will be subject to three months prior notice.

This letter when accepted by you will serve to amend that certain employment
agreement between you and CVF Technologies Corporation dated June 8, 1999 (the
"Employment Agreement"). CVF hereby agrees to provide you with twelve (12)
months prior written notice of any involuntary termination of your employment
that occurs on or following a "change of control" of CVF. For purposes of this
letter agreement, "change of control" means the occurrence of any of the
following:

     i.)  the sale, lease, transfer, conveyance or other disposition (other than
          by way of merger or consolidation) of all or substantially all of the
          assets of CVF to any person which transaction is not approved by the
          directors of CVF in office on the date of this letter or directors
          nominated by such directors (all such directors being collectively
          "Continuing Directors")or by directors nominated by Continuing
          Directors,

     ii.) the consummation of any transaction the result of which is that any
          person becomes the beneficial owner, directly or indirectly, of more
          than 20% of the voting stock of CVF (measured by voting power rather
          than number of shares), or

     iii.) the first day on which a majority of the directors of CVF are not
          Continuing Directors or directors nominated by Continuing Directors.

In addition, any future requirement imposed upon you by CVF that you relocate
from the Buffalo, NY metropolitan area as a condition of continued employment
with CVF may at your option be deemed to constitute termination of your
employment by CVF.

Except as amended hereby, the terms and conditions of the Employment Agreement
remain in full force and effect.
KAUAI 

RESORT 

February 25,2010 L ^amOtt . 

I DRXFT LETTER OF SUPPORT TO U.S. DOT SUPPORTING HA^AHAI^JAIRLftfBS' ci^ 

I HA^fEDA APPtlCATION a —I 

.—.'"'"' •?— I 

Secretary Ray LaHpod 

U.S. De^artment^of Ti-s 

1200 iS^ew Jersey Ave,! 

Washington J DC 20590 , . Q 

U.S. De^artmentof Transportation, / > =^^o1200 I^ew Jersey Ave, SE' .•> ^ 

RE: Application of Hawaiian Airlines in the 2010 U.S.-Haneda Combinatioh Seryices 

Allocation Proceeding, DOT-OST-2010-0018 -

Dear Secretary LaHood: 

I represent the Kauai Marriott Resort located in Lihue, Kauai, Hawaii. Our facihty is ^. 

a Resort with a.capacity of 356 hotel rooms, 11 suites and 232 Time Share Villas that is visited 

by approximately 46,000 people per year. 

, I write to express our strong support for Hawaiian's Application for authority to serve 

Tokyp's Haneda Airport; For many years, visitors from Japan have been a very important part of 

our business, representing about 4% of the visitors to our Resort. Japanese tourists are among 

the highest spending visitors to our islands. Hawaiian's proposed new daily service from 

Haneda will make Hawaii an even more attractive destination for Japanese travelers. By 

departing froih/foleyo'is preferred airport and flying directly to HoholulUv travel to Hawaii vi-ill 

become rhore convenient and accessible. . 

When^waii is a more attractive destination, all Hav)^ai| bujsinesses stand to benefit, 

i^clird»% ojjr J^!isQip+.Pur,lJij^fe5^pes and vendors, Afcordiiigly, wt believe that the award of 

riaiteda slots to Hawajfan Airlines is in the public interest and that Hawaiian's Application 

should be graiiied without delay. 

Very, Truly ^urs,.y ;' V 

ElliotMills , ; 

General Manager 

3610 Rice Street, Lihue, Kauai, Hauiaii 96766 • 808.245.5050 • Fax 808.245.5049
# Exhibit 18

We have been furnished with
a copy of the quarterly report on Form 10-Q of Farmland  Industries,  Inc. ("the
Company")  for the three  months  ended  November  30,  2000,  and have read the
Companys  statements  contained  in Note 7 to the  condensed  consolidated
financial  statements included therein. As stated in Note 7, the Company changed
its method of  accounting  for  certain  maintenance   costs with  respect to its
fertilizer plants from the accrue-in-advance  method to the direct expense method.  Under the new accounting method,  maintenance costs are
recognized as expense as maintenance services are performed.  Also, as stated in
Note  7,  the  Company  believes  the  newly  adopted  accounting  principle  is
preferable in the circumstances  because prior to the performance of  maintenance services, the Company does not have a present unavoidable duty
or  responsibility  to  sacrifice  assets in the  future  nor has there  been an
obligating  event  prior  to the  maintenance  services  being  performed.  In
accordance  with your  request,  we have  reviewed  and  discussed  with Company
officials the  circumstances  and business  judgment and planning upon which the
decision to make this change in the method of accounting was based.

We have not audited any
financial statements of Farmland Industries, Inc. as of any date or for any
period subsequent to August 31, 2000, nor have we audited the information set
forth in the aforementioned Note 7 to the condensed consolidated financial
statements; accordingly, we do not express an opinion concerning the factual
information contained therein.

With regard to the
aforementioned accounting change, authoritative criteria have not been
established for evaluating the preferability of one acceptable method of
accounting over another acceptable method. However, for purposes of Farmland
Industries, Inc. compliance with the requirements of the Securities and Exchange
Commission, we are furnishing this letter.

Based on our review and
discussion, with reliance on managements business judgment and planning,
we concur that the newly adopted method of accounting is preferable in the
Companys circumstances.
#### 1344.302 Requirements.

The designee authorized to lower or raise the $25 million sales threshold for performing a review to determine if a contractor purchasing system review is needed is set forth in CAM 1301.70.
Case: 1:12-cv-01422 Document #: 37-5 Filed: 01/15/13 Page 1 of 3 PageID #:173
Case: 1:12-cv-01422 Document #: 37-5 Filed: 01/15/13 Page 2 of 3 PageID #:174
Case: 1:12-cv-01422 Document #: 37-5 Filed: 01/15/13 Page 3 of 3 PageID #:175
##### 



EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the accompanying Form 10-Q (the Report) of Jo-Ann Stores,
Inc. (the Company) for the period ending November 1, 2003, I, Brian P.
Carney, Executive Vice President and Chief Financial Officer of the Company,
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to my 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 operations of the
Company.

Dated: December 15, 2003



| | /s/ Brian P. Carney

Brian P. Carney,
Executive Vice President and Chief Financial Officer
| | ------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.
#### 1437.102 Policy.

The HCA is responsible for establishing internal review and approval procedures for service contracts in accordance with OFPP Policy Letter 93-1, Management Oversight of Service Contracting. Special attention shall be directed to avoidance of contracting for inherently governmental functions, as well as contract administration in the area of incurred cost monitoring to complement work progress monitoring.
### §7655. Safe food handling education

The Secretary of Agriculture shall continue to develop a national program of safe food handling education for adults and young people to reduce the risk of food-borne illness. The national program shall be suitable for adoption and implementation through State cooperative extension services and school-based education programs.

(Pub. L. 105–185, title VI, §616, June 23, 1998, 112 Stat. 606.)
### §1260. Removal of aliens falling into distress

The Attorney General may remove from the United States any alien who falls into distress or who needs public aid from causes arising subsequent to his entry, and is desirous of being so removed, to the native country of such alien, or to the country from which he came, or to the country of which he is a citizen or subject, or to any other country to which he wishes to go and which will receive him, at the expense of the appropriation for the enforcement of this chapter. Any alien so removed shall be ineligible to apply for or receive a visa or other documentation for readmission, or to apply for admission to the United States except with the prior approval of the Attorney General.

(June 27, 1952, ch. 477, title II, ch. 5, §250, 66 Stat. 219.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

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

#### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
#### MILLER et al. v. ISAAC H. BLANCHARD CO.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Contracts—Substantial Performance—Defects Chargeable to Defendant.

Where, in an action to recover for cards furnished, it appeared that no more than 1 per cent, of the cards cut had rough edges, and a portion of them were somewhat different in size, and that both of these defects necessarily resulted from the use of the die used in cutting, which was furnished by defendant for the work, plaintiff was not liable for such defects.

8. Same—Counterclaim—Breach of Contract—Inspection—Waiver.

Where, in an action on a contract for the manufacture and sale of cards, the answer set up a counterclaim for breach of contract in the manufacture of the cards, and not for breach of warranty by reason of certain defects in the cards, such counterclaim was waived by an acceptance of the goods after a reasonable opportunity for inspection.

Appeal from City Court of New York.

Action by Charles E. Miller and others against the Isaac H. Blanchard Company. From a judgment in favor of plaintiffs, defendant appeals. Affirmed.

Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

A. Aplington, for appellant.

Robert Goeller, for respondent.

BISCHOFF, J.

From the evidence in behalf of the plaintiffs, it appears that no more than 1 per cent, of the cards cut for the defendant had rough edges, and that this was the necessary result of cutting with the die furnished by the defendant. So far there would be no breach of the contract, in that the sample cutting, of a small number of cards, developed no rough edges, since the result was not appreciable by either party in the sample, and was due to conditions the burden of which was not assumed by the plaintiffs, according to inferences which the jury could reasonably draw from the facts. 'It also appears by credible evidence that the difference in size of a certain portion of the cards necessarily followed the use of this die, which the defendant furnished for ‘the work. The weight of the evi*586dence is not against the conclusion reached that the plaintiffs had substantially performed the contract, and the counterclaim, founded upon nonperformance, necessarily failed. With this finding of the jury, any error in the charge relating to the counterclaim became immaterial; but, in view of the form of the answer, there appears to have been no error in the instruction that the counterclaim would not survive acceptance of the goods, after reasonable opportunity for inspection. The counterclaim, as alleged, suggested no breach of warranty; and, for a mere breach of contract in the manufacture of goods, the defendant’s claim lor a loss of profits would depend upon their reasonable rejection of the goods delivered.

Examination of the rulings upon evidence discloses no error, and the judgment is therefore affirmed, with costs. All concur.
Languages Spoken by English Learners (ELs)

Fact 

States annually report the five most common languages spoken by ELs and the number of ELs who speak each 

of those languages. Approximately 50 languages appear in one or more states’ top five lists. In SY 2013-14, the 

most common languages included Spanish, Arabic, Chinese, Vietnamese, and Haitian/Haitian Creole. 

Twenty Most Common EL Languages, as Reported in States’ Top Five Lists: SY 2013-14

Languages

Reported Number of 

EL Speakers

1. Spanish 3,770,816

2. Arabic 100,461

3. Chinese 99,943

4. Vietnamese 80,283

5. Haitian/Haitian Creole 35,467

6. Somali 25,278

7. Tagalog 24,370

8. Hmong 23,473

9. Portuguese 10,102

10. Bengali 9,371

11. Russian 9,111

12. Navajo 8,914

13. Urdu 8,438

14. Yupik languages 6,629

15. Polish 5,347

16. Karen languages 5,195

17. Korean 5,011

18. Marshallese 4,327

19. Creoles and pidgins, Portuguese-based (Other) 3,893

20. Nepali 3,633

Note: Figures reflect the combined number of reported speakers of a language in states where that language was one of the state’s five most common EL languages. 

This list includes only those languages for which specified data were listed. “Undetermined” and “not applicable” languages were not included in the list above. 

Source: U.S. Department of Education, Consolidated State Performance Reports, SY 2013-14.

OCTOBER 2015
Fact 

Nine states and 

the District of 

Columbia 

reported that 80 

percent or more 

of ELs in the 

state spoke 

Spanish in 

SY 2013-14. 

States, Including D.C., With 80 Percent or More Spanish-Speaking ELs: SY 2013-14

Source: U.S. Department of Education, Consolidated State Performance Reports, SY 2013-14. 

Number of Spanish-Speaking ELs, by State, Including D.C.: SY 2013-14

Source: U.S. Department of Education, Consolidated State Performance Reports, SY 2013-14.

Fact 

In SY 2013-14, 

Spanish-speaking ELs 

were concentrated in 

11 states. Five of 

these states—

California, Texas, 

Florida, New York, 

and Illinois—also 

reported the highest 

numbers of ELs

overall. 

OCTOBER 2015
1603.7002 Additional guidelines. Any advertisements which identify a carrier's participation in the FEHBP shall— ( a ) Be limited to the merits of the carrier's FEHBP plan and shall be limited to factual statements of the benefits and rates offered by that plan. The official document for benefit and rate comparisons among FEHBP plans is the comparison chart issued by OPM.
( b ) Not use the FEHBP logo.
( c ) Recognize that the officially approved plan brochure is the sole contractual statement of benefits, limitations, and exclusions. All advertisements that in any way discuss plan benefits shall contain the following statement:
This is a summary (or brief description) of the features of the (plan's name). Before making a final decision, please read the plan's officially approved brochure, (brochure number). All benefits are subject to the definitions, limitations, and exclusions set forth in the official brochure. (d) Set forth the rates for the plan, if the advertisements discuss benefits. (e)(1) Not give instructions on enrollment. Statements on enrollment procedures, requirements, or eligibility shall be limited to those such as: To sign up, fill out a Health Benefits Election Form (Standard Form 2809) from your personnel office indicating the enrollment you want or use your agency's electronic enrollment system. (2) The enrollment codes for (plan's name) are: (i) Self Only ____ Enrollment Code ____ (i) Self Plus One ____ Enrollment Code ____ (iii) Self and Family ____ Enrollment Code ____ (3) The form must then be returned to your personnel office before the (date) deadline. Your (plan's name) coverage will begin the first pay period in January, (year). If you are a retired Federal employee and need forms, contact the Office of Personnel Management, 1900 E Street NW, Attn: Retirement Benefits Branch, Washington, DC 20415 or visit *www.opm.gov/forms .*
[52 FR 16039, May 1, 1987. Redesignated at 62 FR 47574, Sept. 10, 1997; 85 FR 16908, Mar. 25, 2020]
1247.506 Procedures. ( a ) The Maritime Administration (MARAD) is the enforcing agency of the cargo preference statutes. MARAD can assist contractors in locating U.S.-flag carriers and determine when such services are not available. MARAD can also assist contracting officers in evaluating costs, services, and other matters regarding ocean transportation.
( d ) If no transportation officer is available, the contracting officer shall submit a copy of the rated “on board” bill of lading, for each shipment, no later than 20 days after the vessel's loading date for exports and 30 days for imports as stated in 46 CFR 381.3. All non-vessel ocean common carrier bills of lading should be accompanied by the underlying carrier's ocean bill of lading. The documents shall be sent to the Maritime Administration, Office of Cargo and Commercial Sealift, MAR-620, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. The bill of lading shall contain the following information— ( 1 ) Name of sponsoring Government agency or department;
( 2 ) Name of vessel;
( 3 ) Vessel flag of registry;
( 4 ) Date of loading;
( 5 ) Port of loading;
( 6 ) Port of final discharge;
( 7 ) Commodity description;
( 8 ) Gross weight in kilos; and
( 9 ) Total ocean freight revenue in U.S. dollars.
### §1715. Consular and Border Security Programs

#### (a) Separate fund

There is established in the Treasury a separate fund to be known as the "Consular and Border Security Programs" account into which the following fees shall be deposited for the purposes of the consular and border security programs.

#### (b) to (g) Omitted

#### (h) Transfer of funds

(1) The unobligated balances of amounts available from fees referenced under this section may be transferred to the Consular and Border Security Programs account.

(2) Funds deposited in or transferred to the Consular and Border Security Programs account may be transferred between funds appropriated under the heading "Administration of Foreign Affairs".

(3) The transfer authorities in this section shall be in addition to any other transfer authority available to the Department of State.

#### (i) Effective date

The amendments made by this section shall take effect no later than October 1, 2018, and shall be implemented in a manner that ensures the fees collected, transferred, and used in fiscal year 2019 can be readily tracked.

(Pub. L. 115–31, div. J, title VII, §7081, May 5, 2017, 131 Stat. 716.)

#### **Editorial Notes**

#### Codification

Section appears under the heading "Consular and Border Security Programs" in title VII of div. J of Pub. L. 115–31. It was enacted as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.

Section is comprised of section 7081 of title VII of div. J of Pub. L. 115–31. Subsecs. (b) and (c) of section 7081 of Pub. L. 115–31 amended sections 1713 and 1714, respectively, of this title. Subsecs. (d) and (e) of section 7081 amended provisions set out as notes under sections 1153 and 1183a, respectively, of this title. Subsec. (f) of section 7081 amended section 214 of Title 22, Foreign Relations and Intercourse, and subsec. (g) of section 7081 amended provisions set out as a note under section 214 of Title 22.

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

#### Transfer of Balances

Pub. L. 118–47, div. F, title VII, §7034(k)(4), Mar. 23, 2024, 138 Stat. 791, provided that: "Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) [8 U.S.C. 1715(h)] shall continue in effect during fiscal year 2024."

Similar provisions were contained in the following prior acts:

Pub. L. 117–328, div. K, title VII, §7034(l)(4), Dec. 29, 2022, 136 Stat. 5033.

Pub. L. 117–103, div. K, title VII, §7034(l)(9), Mar. 15, 2022, 136 Stat. 624.

Pub. L. 116–260, div. K, title VII, §7034(l)(9), Dec. 27, 2020, 134 Stat. 1750.

Pub. L. 116–94, div. G, title VII, §7034(l)(9), Dec. 20, 2019, 133 Stat. 2873.

Pub. L. 116–6, div. F, title VII, §7034(m)(9), Feb. 15, 2019, 133 Stat. 327.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7098
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TYREES COLOZA WHITEHEAD, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CR-90-112, CA-95-1011) Submitted: March 13, 1997 Decided: March 18, 1997 Before HALL, ERVIN, and WILKINS, Circuit Judges. Dismissed by unpublished per curiam opinion. Tyrees C. Whitehead, Appellant Pro Se. Stephen Wiley Miller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104- 132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we denya certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Whitehead , Nos. CR-90-112; CA-95-1011 (E.D. Va. May 13, 1996). We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED