alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
22.103-5 Contract clauses. ( a ) The contracting officer shall insert the clause 52.222-1, Notice to the Government of Labor Disputes, in solicitations and contracts that involve programs or requirements that have been designated under 22.101-1(e).
( b ) The contracting officer shall include the clause at 52.222-2, Payment for Overtime Premiums, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold; unless (a) a cost-reimbursement contract for operation of vessels is contemplated, or (b) a cost-plus-incentive-fee contract that will provide a swing from the target fee of at least plus or minus 3 percent and a contractor's share of at least 10 percent is contemplated.
[48 FR 42258, Sept. 19, 1983, as amended at 71 FR 57367, Sept. 28, 2006]
1

Filed 5/19/16 P. v. Pascone CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

TYLER CHARLES PASCONE,

Defendant and Appellant.

C080437

(Super. Ct. No. CM043007)

In the early morning hours of May 8, 2015, Marie T. was awoken by an intruder 

opening dresser drawers in her bedroom. She alerted her husband, who chased the 

intruder out of the residence. After officer’s recovered a backpack from the neighbor’s 

driveway containing identifying items belonging to defendant, Marie T. identified 

defendant as the intruder. Defendant’s shoe print also matched the shoe print found 

outside Marie T.’s residence. There was 0.18 grams of cocaine on defendant’s person at 

the time he was arrested. 
2

Defendant pled no contest to first degree residential burglary. The violent felony 

allegation of there being a person present during the burglary, and an additional count for 

possession of a controlled substance, were dismissed with a Harvey1 waiver. Defendant 

also entered into a Johnson2 waiver, waiving custody credits up to the day of his change 

of plea.

Sentencing took place on September 24, 2015. The trial court sentenced defendant 

to the upper term of six years, imposed various fines and fees, and credited defendant 

with 56 days of presentence custody credit. 

Defendant appeals. He did not obtain a certificate of probable cause. (Pen. Code, 

§ 1237.5.)

Appointed counsel for defendant Tyler Charles Pascone filed an opening brief that 

sets forth the facts of the case and asks this court to review the record and determine 

whether there are any arguable issues on appeal.3 (People v. Wende (1979) 25 Cal.3d 

436.) Finding no arguable error that would result in a disposition more favorable to 

defendant, we affirm the judgment. 

 

1 People v. Harvey (1979) 25 Cal.3d 754.

2 People v. Johnson (1978) 82 Cal.App.3d 183.

3 Defendant was advised by counsel of the right to file a supplemental brief within 

30 days of the date of filing of the opening brief. More than 30 days elapsed, and we 

received no communication from defendant.
3

DISPOSITION

The judgment is affirmed.

/s/ 

Robie, J.

We concur:

/s/ 

Hull, Acting P. J.

/s/ 

Murray, J.
Appeal No. 74-201.

#### Kents Corners Congregational Church *v.*Charles O’Connell *et al.*

*George Ajootian, Charles J. Ajootian,*for plaintiff-appellant. *Joseph T. Little,*Asst. City Solicitor, for defendants-appellees.

Appellees’ motion to affirm the judgment of the Superior Court under Rule 16(g), as amended, is denied.

Paolino and Joslin, JJ. not participating.
AMENDMENT NO. 2 TO
                       RAMTRON INTERNATIONAL CORPORATION
                            1995 STOCK OPTION PLAN

Ramtron International Corporation's 1995 Stock Option Plan (the "Plan") shall
be amended as follows:

The text of Section 3 of the Plan, entitled "Shares Reserved," is hereby
amended to state the following:

  "The maximum aggregate number of Shares reserved for issuance pursuant to
   the Plan shall be 1,800,000 Shares or the number of shares of stock to
   which such Shares shall be adjusted as provided in Section 10 of the Plan
   . . . "

The text of Section 6(b) of the Plan, entitled "Terms and Conditions of
Options - Number of Shares," is hereby amended to state the following:

  " . . . The maximum number of Shares, which may be awarded as Options under
   the Plan during any calendar year to any Optionee is 300,000 Shares. . . ."

Dated:  December 22, 1999

                                  Page-167
<PAGE>
1 ... S eeTe x. R. App . P. 47. 4. 

# COURT OF APPEALS SE CONDDI S T RICTOFT EXAS

FORT W ORTH NO. 2 - 07 - 42 4- CR T OB E C. NW I GW E AP P E L L ANT V . THE STATE OF TE XA S STATE

----- ----- FR O M CO UN TY CRI M I NA LCO URT NO . 3 OF DENTON CO UN TY

----- ----- 

### MEMORANDU M OPI NI ON 1 

### AND J UDGME NT

----- ----- W e have consi der ed t he “A ppel l ant ’ s W i th d raw a l O fN ot i ce O fA ppeal ( Pur su antt o Tex asRul e O f A ppe l l at e Pr oce dur e 42. 2) ” f i l ed by a ppe l l antTobe C . N w i gw e, pr o s e. The m ot i on c om pl i esw i t h r ul e 42. 2( a) oft he r ul esof app el l at e p r oce dur e. Tex . R. A pp. P. 42. 2( a) . N o de ci si on oft hi s cou rtha vi ng been del i ver ed bef or e w e r ecei ved t hi s m ot i on, w e gr ant t he m ot i on and di sm i ss th e a p p e a l . S e ei

d., T e x . R . A p p . P . 4 3 .2 (f). P E R CU R I AM PA N EL: DA U PH I N O T, G A RD N ER, an d W A LKER, JJ. DO NO T P UBLI SH Tex. R. A pp. P. 47. 2( b) DEL I VERE D: Apr i l 2, 2009
#### 242.7201 Definitions.

*Acceptable material management and accounting system, material management and accounting system,* and *valid time-phased requirements* are defined in the clause at 252.242-7004, Material Management and Accounting System.

*Significant deficiency* is defined in the clause at 252.242.7004, Material Management and Accounting System.

[76 FR 28869, May 18, 2011]
23.304 Contract clauses. ( a ) ( 1 ) The contracting officer shall insert the clause at 52.223-3, Hazardous Material Identification and Material Safety Data, in solicitations and contracts if the contract will require the delivery of hazardous materials as defined in 23.301.
( 2 ) If the contract is awarded by an agency other than the Department of Defense, the contracting officer shall use the clause at 52.223-3 with its *Alternate I.*
( b ) The contracting officer shall insert the clause at 52.223-7, Notice of Radioactive Materials, in solicitations and contracts for supplies that are or that contain— ( 1 ) Radioactive material requiring specific licensing under regulations issued pursuant to the Atomic Energy Act of 1954; or
( 2 ) Radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such supplies include, but are not limited to, aircraft, ammunition, missiles, vehicles, electronic tubes, instrument panel gauges, compasses, and identification markers.
[89 FR 30243, Apr. 22, 2024]
EXHIBIT 32.2

BRIGGS & STRATTON CORPORATION AND SUBSIDIARIES

Form 10-Q for Quarterly Period Ended
September 30, 2007

CERTIFICATION 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 Quarterly Report of Briggs & Stratton Corporation (the Company) on Form 10-Q for the quarter ended
April 1, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James E. Brenn, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that to the best of 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.



|                       
|-----------------------
|/s/ James E. Brenn     
|James E. Brenn         
|Chief Financial Officer
|November 8, 2007       

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

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.
# Shell

# Sheet1
#### In the Matter of John Chiarello, Appellant, v Walter Fogg, as Superintendent of the Greenhaven Correctional Facility, et al., Respondents.

Judgment of the Supreme Court, Dutchess County, dated February 24, 1977, affirmed, without costs or disbursements (see *Wolff v McDonnell,*418 Us 539, 567). Martuscello, J. P., Titone, Shapiro and O'Connor, JJ., concur.
#### Wooten *et al. v.*Waldrep *et al.*

April 18, 1913.

Complaint. Before Judge Pendleton. Pulton superior court. May 27, 1912.

*McMillan & Erwin,*for plaintiffs in error.

*I. E. Button, A. E. Wilson,*and *A. E. Bamsaur,*contra.-.

Evans, P. J.

The case was tried, by consent, before the judge without a jury. No error of law is complained of; the evidence is conflicting, and sufficient to support the judgment rendered.

*Judgment, affirmed.*

*All the Justices concur.*
EXHIBIT No. 99c.

CERTIFICATION OF PERIODIC FINANCIAL REPORT
Pursuant to 18 U.S.C. Section 1350

Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of
2002, we, the undersigned, certify that, to the best of our knowledge, this periodic
report of CAPITAL REALTY INVESTORS-II LIMITED PARTNERSHIP, filed on Form 10-KSB for the
annual period ended December 31, 2002, and containing the financial statements, fully
complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 and that the information contained in the periodic report fairly presents, in all
material respects, the financial condition and results of operations of the issuer.

|               |  | CAPITAL REALTY INVESTORS-II
     LIMITED PARTNERSHIP                                                                                                  
|-------------- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|               |  | (Issuer)                                                                                                                                              
|               |  | by:  C.R.I., Inc.                                                                                                                                     
|               |  | Managing General Partner                                                                                                                              
|March 20, 2003 |  | by:  /s/ William B. Dockser                                                                                                                           
|DATE           |  | William B. Dockser,
                  Director, Chairman of the Board,
                  and Treasurer
                  (Principal Executive Officer)
|March 20, 2003 |  | by:  /s/ Michael J. Tuszka                                                                                                                            
|DATE           |  | Michael J. Tuszka,
                  Vice President
                  and Chief Accounting Officer
                  (Principal Financial Officer)    

This
certification is made solely for purpose of 18 U.S.C. Section 1350, subject to the
knowledge standard contained therein, and not for any other purpose.
215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data. For acquisitions that exceed the simplified acquisition threshold, if only one offer is received when competitive procedures were used and it is not necessary to resolicit in accordance with 215.371-2(a), then then the contracting officer shall comply with the following: ( a ) If no additional cost or pricing data are required to determine through cost or price analysis that the offered price is fair and reasonable, the contracting officer shall require that any cost or pricing data provided in the proposal be certified if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply.
( b ) Otherwise, the contracting officer shall obtain additional cost or pricing data to determine a fair and reasonable price. If the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, the cost or pricing data shall be certified.
( c ) If the contracting officer is still unable to determine that the offered price is fair and reasonable, the contracting officer shall enter into negotiations with the offeror to establish a fair and reasonable price. The negotiated price should not exceed the offered price.
( d ) If the contracting officer is unable to negotiate a fair and reasonable price, see FAR 15.405(d).
[84 FR 30949, June 28, 2019]
237.7802 Policy. ( a ) In accordance with 10 U.S.C. 2387, DoD will transfer a contract working dog to the Department of the Air Force, 341st Training Squadron, for veterinary screening and care after the service life of the dog has terminated.
( b ) The service life of a contract working dog may be terminated if— ( 1 ) The final contractual obligation of the dog preceding transfer is with DoD; and
( 2 ) The dog cannot be used by another department or agency of the Federal Government due to age, injury, or performance.
( c ) A contract working dog that has reached the end of its service life will be transferred for care, reclassification as a military animal, and placement for adoption in accordance with 10 U.S.C. 2583.
22.1902 Policy. ( a ) Pursuant to Executive Order 14026, the minimum hourly wage rate required to be paid to workers performing on, or in connection with, contracts and subcontracts subject to this subpart is— ( 1 ) At least $15.00 per hour beginning January 30, 2022; and
( 2 ) Beginning January 1, 2023, and annually thereafter, an amount determined by the Secretary of Labor. The Administrator of the Wage and Hour Division (the Administrator) will notify the public of the new E.O. minimum wage rate at least 90 days before it is to take effect. (See 22.1904.)
( b ) *Relationship with other wage rates.* ( 1 ) Nothing in this subpart shall excuse noncompliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
( 2 ) The E.O. minimum wage rate applies whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
( c ) *Application to tipped workers.* Policies and procedures in DOL regulations at 29 CFR 23.240(b) and 23.280 address the relationship between the E.O. minimum wage and wages of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
[79 FR 74550, Dec. 15, 2014, as amended at 87 FR 4122, Jan. 26, 2022]
UNITED STATES DEPARTMENT OF EDUCATIONOFFICE FOR CIVIL RIGHTS  THE ASSISTANT SECRETARY

March 25, 2002

Dear Colleague:

On January 8, 2002, President George W. Bush signed the No Child Left Behind Act of 2001. Part of this new law is the Boy Scouts of America Equal Access Act (Boy Scouts Act), which applies to public elementary and secondary schools, local educational agencies (LEAs), and State educational agencies (SEAs) that receive funds made available through the Department of Education. Under the Boy Scouts Act, which became effective on January 8, 2002, no such public school, LEA or SEA that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities before or after school hours shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 of the United States Code as a patriotic society. The law does not require any public school or agency to sponsor such a group.

The Boy Scouts Act directs the Secretary of Education,through the Office for Civil Rights (OCR), to effectuate this law by issuing and enforcing rules or orders with respect to public elementary and secondary schools, LEAs, and SEAs that receive funds made available through the Department of Education. If a public school or agency does not comply with the requirements of the Boy Scouts Act, it would be subject to enforcement action by the Department.

The Department of Education will publish in the Federal Register a Notice of Intent to proceed with rulemaking, in which we will request comments from interested parties regarding the Boys Scouts Act. I invite you to participate in this process. Please note that OCR is currently accepting complaints alleging violations of the Boy Scouts Act, and will continue to accept and process these consistent with the Boy Scouts Act during the rulemaking period.

If you have questions about the enforcement of the Boy Scouts Act, please contact the OCR Enforcement Office for your State, as described in the enclosed list of OCR Enforcement Offices. If you have questions about the Notice of Intent, please direct your questions, in writing, to Ms. Jeanette J. Lim, Director of the Program Legal Group in OCR, at 400 Maryland Avenue, S.W., room 5036 MES, Washington, D.C. 20202.

For those of you who are school district superintendents, I would appreciate your sharing the information in this letter with each of your principals. For your convenience, enclosed please find a copy of the Boy Scouts Act, and a copy of that part of title 36 of the United States Code that lists patriotic and national organizations.

I look forward to working with you to ensure equal access to education and to promote educational excellence throughout the nation.

Cordially yours,

C. Todd JonesDelegated the Authority ofAssistant Secretaryfor Civil Rights

Enclosures, as stated

Top
#### 1846.672-5 Packing list instructions.

Copies of the MIRR may be used as a packing list. The packing list copies shall be in addition to the copies of the MIRR required for distribution (see 1846.673) and shall be marked “PACKING LIST”.

[62 FR 14024, Mar. 25, 1997. Redesignated at 80 FR 12945, Mar. 12, 2015]
##### 



Exhibit 3.2(f)
 AMENDED AND RESTATED
 LIMITED LIABILITY COMPANY AGREEMENT
OF
CB SOUTH, LLC
 Agreement Company Member
 Act
  1. Name .
 2. Member .
 Name
    
    AddressDole Food Company, Inc.
    
    One Dole DriveWestlake Village, CA 91362
 3. Certificates .
 4. Purposes .
 5. Term .




---



##### 



6. Principal Business Office .
 7. Registered Office .
 8. Registered Agent .
 9. Limited Liability .
 10. Admission of Additional Members .
 11. Capital Contribution .
 12. Additional Contributions .
 13. Allocation of Profits and Losses .
 14. Distributions .
 15. Classification for Tax Purposes .
 16. Management .
 2




---



##### 



17. Officers . Officers
 18. Other Business .
 19. Exculpation and Indemnification . Covered Person
 3




---



##### 



20. Assignments .
 21. Resignation .
 22. Dissolution .
 Termination Event
   23. Separability of Provisions .
 4




---



##### 



24. Entire Agreement .
 25. Governing Law .
 26. Amendments .
 27. Sole Benefit of the Member .
 th
 MEMBERDole Food Company, Inc.By:
Name:
    
    /s/ Jeffrey Conner

Jeffrey ConnerTitle:
    
    Vice President, Associate GeneralCounsel and Assistant Secretary
 5
Overview | Guidelines | Information Correction Requests and Appeals | **Contact**

## Contact

For further information, contact: Kareen CurreyPhone: 202) 262-0754  Email:  informationquality@ed.gov
<PAGE>   1



                                                                   Exhibit 10.48

                SECOND AMENDMENT TO AGREEMENT DATED APRIL 6, 1998
                -------------------------------------------------

         THIS AGREEMENT MADE AND ENTERED INTO at Cleveland, Ohio this 28th day
of February, 2000, by and between FOREST CITY ENTERPRISES, INC., an Ohio
corporation, of Terminal Tower, 50 Public Square, Suite 1100, Cleveland, Ohio,
44113-2267, hereinafter referred to as "Company", and CHARLES A. RATNER of 16980
South Park, Cleveland, Ohio 44120, hereinafter referred to as "Employee".

         WHEREAS, the Company desires to grant to the Employee a benefit to his
Estate upon his death, and

         WHEREAS, the Compensation Committee of this Company has recommended
such benefit to be paid to his Estate, and

         NOW THEREFORE, it is agreed that in consideration of the Employee
working for the Company, it is agreed that:

         In consideration of his employment, if the Employee dies while in the
employ of the Company, the Company agrees to pay to the beneficiaries of the
Employee as stipulated in his Will, or designated by written notice to the
Company from the Employee during his lifetime, or designated by operation of law
if the Employee dies intestate, an amount equal to one hundred percent (100%) of
the salary paid to the Employee for the last calendar year prior to the death,
for a period of five (5) years following the decease of said Employee; said sum
to be payable in quarterly installments to said beneficiaries of said deceased
Employee.

         The parties hereto have set their hands the day and year first above
written.

                                             FOREST CITY ENTERPRISES, INC.

                                             By: Albert B. Ratner, Vice Chairman
                                             -----------------------------------
                                                       of the Board

                                             And: Thomas G. Smith, Secretary
                                             -------------------------------


                                              CHARLES A. RATNER, Employee
                                              ---------------------------
#### The People of the State of New York, Respondent, v. Daniel Musialowski, Appellant. The People of the State of New York, Respondent, v. Donald A. Gale, Appellant.

Motions to enlarge time to argue appeals denied, without prejudice to renew on appropriate papers. The papers do not comply with rule II of the rules of this court requiring an affidavit in regard to a certificate of reasonable doubt.