alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mendez & Schwartz Wholesale Distributing Corp., Appellant, v 4701 Second Avenue Corp., Respondent.

— In an action to, *inter alia,*declare that the plaintiff properly exercised an option to renew a lease on property owned by defendant, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered July 28, 1978, which, after a nonjury trial, determined, *inter alia,*that it had not properly exercised said option. Judgment affirmed, with costs. By the terms of a lease the plaintiff tenant was granted an option to renew for a period of five years, "Provided that the Tenant shall fully and faithfully perform all of the terms and conditions of this lease”. In order to exercise the option the plaintiff was required to provide the defendant landlord with written notice, by certified or registered mail, not later than 180 days prior to the expiration of the lease. The trial court found that the plaintiff had failed to serve the defendant with any written notice of its intention to renew. Furthermore, the court found that the plaintiff was repeatedly in default in its rental payments and had thus failed to perform all of its lease obligations. The evidence in the record supports the findings of the trier of fact. Accordingly, the trial court properly found that the plaintiff had no legal right to renew the lease. We also agree with the Trial Judge that plaintiff is not entitled to a renewal under principles of equity. Mollen, P. J., Hopkins, Shapiro and Martuscello, JJ., concur.
#### 16.301-1 Description.

Cost-reimbursement types of contracts provide for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed (except at its own risk) without the approval of the contracting officer.
Exhibit A

Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 1 of 28 PageID #:4891
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 2 of 28 PageID #:4892
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 3 of 28 PageID #:4893
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 4 of 28 PageID #:4894
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 5 of 28 PageID #:4895
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 6 of 28 PageID #:4896
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 7 of 28 PageID #:4897
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 8 of 28 PageID #:4898
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 9 of 28 PageID #:4899
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 10 of 28 PageID #:4900
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 11 of 28 PageID #:4901
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 12 of 28 PageID #:4902
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 13 of 28 PageID #:4903
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 14 of 28 PageID #:4904
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 15 of 28 PageID #:4905
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 16 of 28 PageID #:4906
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 17 of 28 PageID #:4907
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 18 of 28 PageID #:4908
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 19 of 28 PageID #:4909
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 20 of 28 PageID #:4910
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 21 of 28 PageID #:4911
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 22 of 28 PageID #:4912
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 23 of 28 PageID #:4913
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 24 of 28 PageID #:4914
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 25 of 28 PageID #:4915
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 26 of 28 PageID #:4916
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 27 of 28 PageID #:4917
Case: 1:11-cv-09308 Document #: 198-1 Filed: 04/09/12 Page 28 of 28 PageID #:4918
#### 1552.216-75 Base fee and award fee proposal.

As prescribed in 1516.406(b), insert the following provision:

# Base Fee and Award Fee Proposal (FEB 1999)

For the purpose of this solicitation, offerors shall propose a combination of base fee and award fee. Base fee shall not exceed 3% of the estimated cost, excluding fee, and the award fee shall not be less than ____% of the total estimated cost, excluding fee. The combined percentages of base and award fee shall not exceed ____% of the total estimated cost, excluding fee.

(End of provision)

[64 FR 3876, Jan. 26, 1999, as amended at 81 FR 31528, May 19, 2016; 82 FR 33021, July 19, 2017]
#### Anna Maronet v. 1010 Rogers, Inc.

Motion for a stay granted on condition that the appellant posts an undertaking in the amount of $5,000 to secure the judgment within 10 days after entry of the order herein, and on the further condition that the appellant procures the record on appeal and appellant’s points to be served and filed on or before August 14, 1962, with notice of argument for the September 1962 Term of this court, said appeal to be argued or submitted when reached. That branch of the motion seeking leave to dispense with the printing of the record on appeal and appellant’s points is granted and the appeal is permitted to be heard upon three printed copies of the case on appeal used in the Appellate Term plus six typewritten copies of the additional papers required on appeal to this court and upon typewritten appellant’s points upon condition that one typewritten copy of the additional papers required on appeal to this court and one typewritten copy of the appellant’s points are served upon the attorney for the respondent and six typewritten copies of the additional papers and of the appellant’s points are filed with this court together with three copies of the printed record on appeal used in the Appellate Term. That branch of the motion seeking leave to incorporate in the record on appeal all papers used in connection with the motions for reargument and reconsideration is denied. Respondent may dispense with the printing of her respondent’s points on condition that she serves one typewritten copy of her respondent’s points upon the attorney for appellant and files six typewritten copies of her respondent’s points with this court on or before August 29, 1962. Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
#### PFEIFER, Respondent, v. WILSON, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 27, 1903.)

Action by Christian Pfeifer against Albert Wilson.

PER CURIAM.

Judgment affirmed, with costs.

STOVER, J., not voting.
#### 14.407 Mistakes in bids.
#### Castle A. Sam, Respondent, v. May Farkas, Individually and as Executrix of Sam Farkas, Deceased, Appellant.

Orders insofar as appealed from unanimously modified to provide that the objections to the complaint that the writing upon which the causes of action are based is unenforcible under the provisions of the Statute of Frauds are overruled and the defendant is permitted to allege the same facts as a defense in her answer, and as modified the orders are affirmed, without costs of this appeal to either party. Memorandum: In the exercise of a proper discretion the objections to the complaint should be overruled and defendant permitted to allege the same facts as a defense in her answer. (Rules Civ. Prae., rule 108.) (Appeal from parts of two orders of Chautauqua Special Term denying motion by defendant to dismiss the complaint. The second order was an order of resettlement.) Present — Bastow, J. P., Goldman, Halpern, MeClusky and Henry, JJ.
EXHIBIT 32.1





Certification of Principal Executive Officer


Pursuant to U.S.C. Section 1350


As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of NeuMedia, Inc., a Delaware corporation (the “Company”), does hereby certify, to such officer’s knowledge, that:





The Annual Report on Form 10-K for the period ending March 31, 2011 of the Company (the “Form 10-K”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: July 25, 2011


/s/ James LefkowitzJames LefkowitzCOO
#### 1322.101-1 General.

The designee authorized to designate programs or requirements for contractors notifying the Government of actual or potential labor disputes is set forth in CAM 1301.70.
#### 1852.215-78 Make or buy program requirements.

As prescribed in 1815.408-70(a), insert the following provision:

# Make or Buy Program Requirements (FEB 1998)

The offeror shall submit a Make-or-Buy Program in accordance with the requirements of Federal Acquisition Regulation (FAR) 15.407-2. The offeror shall include the following supporting documentation with its proposal:

(a) A description of each major item or work effort.

(b) Categorization of each major item or work effort as “must make,” “must buy,” or “can either make or buy.”

(c) For each item or work effort categorized as “can either make or buy,” a proposal either to “make” or “buy.”

(d) Reasons for (i) categorizing items and work effort as “must make” or “must buy” and (ii) proposing to “make” or “buy” those categorized as “can either make or buy.” The reasons must include the consideration given to the applicable evaluation factors described in the solicitation and be in sufficient detail to permit the Contracting Officer to evaluate the categorization and proposal.

(e) Designation of the offeror's plant or division proposed to make each item or perform each work effort and a statement as to whether the existing or proposed new facility is in or near a labor surplus area.

(f) Identification of proposed subcontractors, if known, and their location and size status.

(g) Any recommendations to defer make-or-buy decisions when categorization of some items or work efforts is impracticable at the time of submission.

(End of provision)

[62 FR 3483, Jan. 23, 1997, as amended at 63 FR 9965, Feb. 27, 1998; 63 FR 32764, June 16, 1998]
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000013777
<NAME> BRADLEY REAL ESTATE INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   18,389
<ALLOWANCES>                                     4,156
<INVENTORY>                                          0
<CURRENT-ASSETS>                                32,296
<PP&E>                                       1,046,042
<DEPRECIATION>                                  91,767
<TOTAL-ASSETS>                                 986,571
<CURRENT-LIABILITIES>                           32,712
<BONDS>                                        454,052
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     86,802
<COMMON>                                       317,743
<OTHER-SE>                                      95,262
<TOTAL-LIABILITY-AND-EQUITY>                   986,571
<SALES>                                         39,370
<TOTAL-REVENUES>                                39,859
<CGS>                                                0
<TOTAL-COSTS>                                   10,572
<OTHER-EXPENSES>                                10,442
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,254
<INCOME-PRETAX>                                  6,721
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,721
<EPS-BASIC>                                       0.30
<EPS-DILUTED>                                     0.30


</TABLE>
#### 1449.107 Audit of prime contract settlement proposals and subcontract settlements.

Requests for audits pursuant to FAR 49.107 shall be sent to the Assistant Inspector General for Auditing, in accordance with the procedures in 360 DM 2.3.
1426.7103-2 Requirements. The contracting offices shall report designated projects funded with EPA monies, involving the actual award of contracts, subcontracts, financial assistance instruments, subagreements, etc. by DOI. Do not include Departmental projects covered by Superfund and funded solely with Departmental appropriations. The BPC must submit one of the following reports inclusive of all projects, as applicable, to the OSDBU by no later than November 8 of each year: ( a ) EPA Forms 6005-3 and 6005-3A for applicable Superfund contract awards, including partial awards to minority businesses.
( b ) EPA Form 6005-3A only, for applicable Superfund contract awards when no awards were made to minority firms, to report the efforts made to promote minority business participation in the designated projects.
( c ) “Negative Report” when the reporting Bureau did not award contracts using Superfund monies.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE EMONS
TRANSPORTATION GROUP, INC. CONSOLIDATED FINANCIAL STATEMENTS FOR THE NINE MONTHS
ENDED MARCH 31, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000032666
<NAME> EMONS TRANSPORTATION GROUP, INC.

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                              JUL-1-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                       1,507,327
<SECURITIES>                                         0
<RECEIVABLES>                                3,649,676
<ALLOWANCES>                                   206,079
<INVENTORY>                                    355,433
<CURRENT-ASSETS>                             6,546,264
<PP&E>                                      41,234,787
<DEPRECIATION>                              13,720,830
<TOTAL-ASSETS>                              34,653,441
<CURRENT-LIABILITIES>                        5,192,889
<BONDS>                                     13,802,146
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        78,758
<OTHER-SE>                                  14,736,014
<TOTAL-LIABILITY-AND-EQUITY>                34,653,441
<SALES>                                              0
<TOTAL-REVENUES>                            18,821,614
<CGS>                                                0
<TOTAL-COSTS>                               13,039,693
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             859,878
<INCOME-PRETAX>                              2,026,714
<INCOME-TAX>                                   990,000
<INCOME-CONTINUING>                          1,036,714
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,036,714
<EPS-BASIC>                                        .13
<EPS-DILUTED>                                      .13


</TABLE>
### §27f. Contract enforcement

#### (a) Hybrid instruments

No hybrid instrument shall be void, voidable, or unenforceable, and no party to a hybrid instrument shall be entitled to rescind, or recover any payment made with respect to, a hybrid instrument under any provision of Federal or State law, based solely on the failure of the hybrid instrument to satisfy the predominance test set forth in section 27c(b) of this title or to comply with the terms or conditions of an exemption or exclusion from any provision of the Commodity Exchange Act [7 U.S.C. 1 et seq.] or any regulation of the Commodity Futures Trading Commission.

#### (b) Preemption

Sections 27 to 27f of this title shall supersede and preempt the application of any State or local law that prohibits or regulates gaming or the operation of bucket shops (other than antifraud provisions of general applicability) in the case of a hybrid instrument that is predominantly a banking product.

(Pub. L. 106–554, §1(a)(5) [title IV, §408], Dec. 21, 2000, 114 Stat. 2763, 2763A–461; Pub. L. 111–203, title VII, §725(g)(1)(C), July 21, 2010, 124 Stat. 1694.)

#### **Editorial Notes**

#### References in Text

The Commodity Exchange Act, referred to in subsec. (a), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 1 of this title and Tables.

#### Codification

Section was enacted as part of the Legal Certainty for Bank Products Act of 2000, and also as part of the Commodity Futures Modernization Act of 2000, and not as part of the Commodity Exchange Act which comprises this chapter.

#### Amendments

2010—Subsec. (b). Pub. L. 111–203, §725(g)(1)(C)(ii), (iii), redesignated subsec. (c) as (b) and struck out former subsec. (b). Text of subsec. (b) read as follows: "No covered swap agreement shall be void, voidable, or unenforceable, and no party to a covered swap agreement shall be entitled to rescind, or recover any payment made with respect to, a covered swap agreement under any provision of Federal or State law, based solely on the failure of the covered swap agreement to comply with the terms or conditions of an exemption or exclusion from any provision of the Commodity Exchange Act or any regulation of the Commodity Futures Trading Commission."

Subsec. (c). Pub. L. 111–203, §725(g)(1)(C)(iii), redesignated subsec. (c) as (b).

Pub. L. 111–203, §725(g)(1)(C)(i), substituted "in the case of" for "in the case of—", struck out par. (1) designation before "a hybrid", substituted "product." for "product; or", and struck out par. (2) which read as follows: "a covered swap agreement."

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

#### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the later of 360 days after July 21, 2010, or, to the extent a provision of subtitle A (§§711–754) of title VII of Pub. L. 111–203 requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision of subtitle A, see section 754 of Pub. L. 111–203, set out as a note under section 1a of this title.
#### Dora Abrons et al., Appellants, v. City of New York, Respondent.

Order, entered December 17,1959, denying plaintiffs’ application for reconsideration of the denial of a motion for a preference pursuant to subdivision 5 of rule V of the New York County Supreme Court Rules, unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur — Breitel, J. P., Rabin, Valente, McNally and Bastow, JJ.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

GRADY ROBERTS

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 637

[ October 18, 2018 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.

Lucie County ; Steven J. Levin , Judge; L.T. Case No. 562016CF003341

.

Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public

Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel,

Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

W ARNER

, L EVINE and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### §§1832 to 1837. Repealed. Pub. L. 89–321, title VI, §601, Nov. 3, 1965, 79 Stat. 1206

Section 1832, act May 28, 1956, ch. 327, title I, §108, 70 Stat. 194, required Secretary to make and announce determination of a national conservation reserve goal, set out considerations to be used in distributing goal among States and major crop production regions, and provided for a report to Congress.

Section 1833, act May 28, 1956, ch. 327, title I, §109, 70 Stat. 194, authorized Secretary to enter into conservation reserve program contracts, set term for such contracts, and placed a limit of $450,000,000 annually upon payments made to producers.

Section 1834, act May 28, 1956, ch. 327, title I, §110, 70 Stat. 194, authorized Secretary to terminate or modify contracts by mutual agreement with producers.

Section 1835, act May 28, 1956, ch. 327, title I, §111, 70 Stat. 195, authorized Secretary to purchase or produce conservation materials and services and make them available to producers under conservation reserve program.

Section 1836, acts May 28, 1956, ch. 327, title I, §112, 70 Stat. 195; Sept. 14, 1960, Pub. L. 86–793, §2, 74 Stat. 1030, prohibited reduction of cropland acreage by reason of any action taken in carrying out a conservation reserve program contract and required inclusion of acreage changed from cultivated cropland to permanent vegetation as acreage devoted to commodity for purpose of determining future acreage allotments.

Section 1837, acts May 28, 1956, ch. 327, title I, §113, 70 Stat. 195; June 25, 1959, Pub. L. 86–70, §5, 73 Stat. 142; July 12, 1960, Pub. L. 86–624, §3, 74 Stat. 411, authorized Secretary to apply Soil Bank Program to Puerto Rico and Virgin Islands in addition to several States if such application would be in national interest.

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

#### Savings Provision

Pub. L. 89–321, title VI, §601, Nov. 3, 1965, 79 Stat. 1206, provided that the Soil Bank Act of 1956 [former subchapters I to III of this chapter] shall remain in effect with respect to contracts entered into thereunder prior to its repeal by section 601 of Pub. L. 89–321.
### SUBCHAPTER IV—REFUGEE ASSISTANCE
#### 1552.235-72 [Reserved]
#### 14.404-5 All or none qualifications.

Unless the solicitation provides otherwise, a bid may be responsive notwithstanding that the bidder specifies that award will be accepted only on all, or a specified group, of the items. Bidders shall not be permitted to withdraw or modify *all or none* qualifications after bid opening since such qualifications are substantive and affect the rights of other bidders.