alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 252.217-7010 Performance.

As prescribed in 217.7104(a), use the following clause:

# Performance (JUL 2009)

(a) Upon the award of a job order, the Contractor shall promptly start the work specified and shall diligently prosecute the work to completion. The Contractor shall not start work until the job order has been awarded except in the case of emergency work ordered by the Contracting Officer under the Job Orders and Compensation clause of the Master Agreement.

(b) The Government shall deliver the vessel described in the job order at the time and location specified in the job order. Upon completion of the work, the Government shall accept delivery of the vessel at the time and location specified in the job order.

(c) The Contractor shall, without charge and without specific requirement in a job order,—

(1) Make available at the plant to personnel of the vessel while in dry dock or on a marine railway, sanitary lavatory and similar facilities acceptable to the Contracting Officer;

(2) Supply and maintain suitable brows and gangways from the pier, dry dock, or marine railway to the vessel;

(3) Treat salvage, scrap or other ship's material of the Government resulting from performance of the work as items of Government-furnished property, in accordance with the Government Property clause;

(4) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the Contractor of any of the vessel's machinery, equipment or fittings, including, but not limited to, winches, pumps, rigging, or pipe lines; and

(5) Furnish suitable offices, office equipment and telephones at or near the site of the work for the Government's use.

(d) The job order will state whether dock and sea trials are required to determine whether or not the Contractor has satisfactorily performed the work.

(1) If dock and sea trials are required, the vessel shall be under the control of the vessel's commander and crew.

(2) The Contractor shall not conduct dock and sea trials not specified in the job order without advance approval of the Contracting Officer. Dock and sea trials not specified in the job order shall be at the Contractor's expense and risk.

(3) The Contractor shall provide and install all fittings and appliances necessary for dock and sea trials. The Contractor shall be responsible for care, installation, and removal of instruments and apparatus furnished by the Government for use in the trials.

(End of clause)

[56 FR 36479, July 31, 1991, as amended at 74 FR 37648, July 29, 2009]
# United States Court of Appeals **for the Fifth Circuit**

No. 21-60222 Summary Calendar

United States of America, Plaintiff—Appellee ,

versus Kevin Vincent Ellis, Defendant—Appellant

.

Appeal from the United States District Court for the Southern District of Mississippi No. 1:20-CR-98-1

Before Smith, Stewart, and Graves, Circuit Judges

. Per Curiam: * Kevin Ellis appeals the 90-month wi thin-guidelines sentence imposed for possession of a firearm as a felon. He contends that his offense level was erroneously enhanced by four for hi s possessing the firearm in connection with another felony offense. Seeking to enforce the wai ver of appeal in Ellis’s

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 19, 2021

Lyle W. Cayce Clerk Case: 21-60222 Document: 00516060718 Page: 1 Date Filed: 10/19/2021No. 21-60222

2 plea agreement, the government moves to dismiss the appeal or, in the alternative, for summary affirmance. Whether an appeal waiver bars an appeal is a question this court reviews de novo

. United States v. Keele , 755 F.3d 752, 754 (5th Cir. 2014). The question turns on “a two-step inquir y: (1) whether the waiver was knowing and voluntary and (2) whether the waive r applies to the circumstances at hand, based on the plain language of the agreement.” United States v. Bond , 414 F.3d 542, 544 (5th Cir. 2005).
The record reflects that both those conditions are met here. Ellis maintains that the court should apply a miscarriage-of-justice exception and disregard the waiver. “Though some othe r circuits recognize such an exception, we have declined explicitly ei ther to adopt or to reject it.” United States v. Barnes , 953 F.3d 383, 389 (5th Cir.), cert. denied , 141 S. Ct. 438 (2020). We do not do so now. Accordingly, the motion to dismiss is GRANTED , the alternative motion for summary affirmance is DENIED , and the appeal is DISMISSED

. Case: 21-60222 Document: 00516060718 Page: 2 Date Filed: 10/19/2021
Exhibit 32



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 Canada Southern Petroleum Ltd. (the "Company") on Form 10-Q for the period ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Randy L. Denecky, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(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 result of operations of the Company.







Date:  August 13, 2003

By  /s/ Randy L. Denecky

Randy L. Denecky

President, Treasurer and Chief

Financial and Accounting Officer





A signed original of this written statement required by Section 906 has been provided to Canada Southern Petroleum Ltd. and will be retained by Canada Southern Petroleum Ltd. and furnished to the Securities and Exchange Commission or its staff upon request. The foregoing certification is accompanying the Report solely 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), is not deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934 (Exchange Act) and is not to be incorporated by reference into any filing of Canada Southern Petroleum Ltd. under the Securities Act of 1933 or the Exchange Act (whether made before or after the date of filing of the Report), irrespective of any general incorporation language contained in any such filing.
2509.407-3 Procedures. ( a ) Any NSF employee who becomes aware of circumstances that may serve as the basis for suspension of a contractor will promptly report them to the NSF Office of Inspector General (OIG) and the suspending official. OIG will investigate the circumstances and, if it determines appropriate, prepare a written referral of the matter to the suspending official.
( b ) Upon receipt of a referral from the NSF Office of Inspector General, the suspending official will determine, in consultation as appropriate with OIG, the NSF Office of the General Counsel, the NSF Procurement Executive, and program officials, what additional steps are necessary and appropriate to make a decision in accordance with the requirements of 48 CFR 9.407-3.
201.602-2 Responsibilities. ( d ) Follow the procedures at PGI 201.602-2 regarding designation, assignment, and responsibilities of a contracting officer's representative (COR). ( 1 ) A COR shall be an employee, military or civilian, of the U.S. Government, a foreign government, or a North Atlantic Treaty Organization/coalition partner. In no case shall contractor personnel serve as CORs.
[79 FR 22036, Apr. 21, 2014]
## Timeline

Competitions are held annually.

The FY 2024 program competition is now closed, the application deadline was Jan. 4, 2024. Check back in Fall 2024 for news on the FY 2025 competition.

**The information that follows on this webpage is for reference only.**

## Federal Register Notice

This program does not post competition information in the  Federal Register. 

## Current Application

**Note that the FY 2024 competition is now closed, and the information below is for reference only.**

The application package document for the FY 2024 competition provides specific instructions on how to apply to a fiscal year 2024 Fulbright-Hays Seminar Abroad.

FY 2024 Application Package:  MS Word (285K)

Applications for this year's Seminars Abroad program must be submitted through the **G5 system**. Please note that visiting www.G5.gov will redirect you to the new G6 website. From the G6 website, you can still access and sign up as a new user for **G5** to complete an application.

FY 2024 Seminar Destinations:

- Elementary (Grades K-8) teachers or administrators:  Finland
- Secondary (Grades 9-12) teachers or administrators:  Thailand
- Postsecondary faculty and administrators:  Colombia

## Tips and Assistance

Seminars Abroad program officers have pre-recorded a technical assistance webinar about the FY 2024 Fulbright-Hays Seminars Abroad program's application process. The webinar provides guidance on how to prepare a competitive application, use the G5 electronic application system, and troubleshoot technical issues. Watch the **prerecorded webinar** anytime on IFLE’s YouTube channel at the following link: https://youtu.be/Qvz0eZg1FlA

seminarsabroad@ed.gov

SAP Home | IFLE Home | Discretionary Grant Application Packages
# C_2016463EN.01000102.xml

| 13.12.2016 | EN | Official Journal of the European Union | C 463/1 |
| --- | --- | --- | --- |

13.12.2016

EN

Official Journal of the European Union

C 463/1

---

Non-opposition to a notified concentration

(Case M.8268 — Norinco/Delphi’s Mechatronics Business)

(Text with EEA relevance)

(2016/C 463/02)

On 2 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8268. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8268. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
25.302-3 Applicability. ( a ) This section applies to contracts that require performance outside the United States— ( 1 ) In an area of combat operations as designated by the Secretary of Defense; or
( 2 ) In an area of other significant military operations as designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State.
( b ) These designations can be found at *http://www.acq.osd.mil/dpap/pacc/cc/designated_areas_of_other_significant_military_operations.html* and *http://www.acq.osd.mil/dpap/pacc/cc/designated_areas_of_combat_operations.html .*
( c ) When the applicability requirements of this subsection are met, contractors and subcontractors must comply with 32 CFR part 159, whether the contract is for the performance of private security functions as a primary deliverable or the provision of private security functions is ancillary to the stated deliverables.
( d ) The requirements of section 25.302 shall not apply to— ( 1 ) Contracts entered into by elements of the intelligence community in support of intelligence activities; or
( 2 ) Temporary arrangements entered into on a non-DoD contract for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company. These temporary arrangements must still comply with local law.
[78 FR 37672, June 21, 2013, as amended at 81 FR 67777, Sept. 30, 2016]
246.102 Policy. Departments and agencies shall also— ( 1 ) Develop and manage a systematic, cost-effective Government contract quality assurance program to ensure that contract performance conforms to specified requirements. Apply Government quality assurance to all contracts for services and products designed, developed, purchased, produced, stored, distributed, operated, maintained, or disposed of by contractors.
( 2 ) Conduct quality audits to ensure the quality of products and services meet contractual requirements.
( 3 ) Base the type and extent of Government contract quality assurance actions on the particular acquisition.
( 4 ) Provide contractors the maximum flexibility in establishing efficient and effective quality programs to meet contractual requirements. Contractor quality programs may be modeled on military, commercial, national, or international quality standards.
[56 FR 36460, July 31, 1991, as amended at 60 FR 33145, June 27, 1995; 71 FR 27646, May 12, 2006]
19.1403 Status. ( a ) Status as an SDVOSB concern is determined by SBA in accordance with 13 CFR part 128; also see 19.307.
( b ) For an SDVOSB concern that seeks an SDVOSB set-aside or sole-source contract, the contracting officer shall verify that the offeror— ( 1 ) Effective January 1, 2024, is designated in the System for Award Management (SAM) as an SDVOSB concern certified by SBA; or
( 2 ) Has represented that it is an SDVOSB concern in SAM and submitted an application for certification to SBA on or before December 31, 2023. Pending applications for certification are in the SBA Veteran Small Business Certification Program database at *https://veterans.certify.sba.gov .*
( c ) If there is a decision issued by SBA as a result of a current eligibility examination finding that the concern did not qualify as an SDVOSB concern eligible under the SDVOSB Program or SBA denies a concern's application for SDVOSB certification, the concern must update its SDVOSB status in SAM within 2 days of SBA's final decision to reflect that the concern is not an eligible SDVOSB. SBA will update the concern's SDVOSB status in SAM within 2 days of the concern's failure to make the update.
( d ) Effective January 1, 2024, a joint venture may be considered an SDVOSB concern eligible under the SDVOSB Program if— ( 1 ) The joint venture qualifies as small under 19.301-1(a)(2)(i);
( 2 ) The managing SDVOSB joint venture partner— ( i ) Is designated in SAM as an SDVOSB concern certified by SBA; or
( ii ) Has represented that it is an SDVOSB concern in SAM and submitted an application for certification to SBA on or before December 31, 2023. Pending applications for certification are in the SBA Veteran Small Business Certification database at *https://veterans.certify.sba.gov ;* and
( 3 ) The joint venture complies with the requirements of 13 CFR 128.402.
[89 FR 13958, Feb. 23, 2024]
#### Lindsay *vs.*Lowe.

An affidavit to foreclose a laborer’s special lien on the products of his labor in substance alleged, that on the 17th day of September, 1877» he went into the employ of the hirer to work on his farm (describing . it) in making a ci'op; that the contract was for twelve months from date of contract at eleven dollars and sixty-six and two-thirds cents per months; that he has fully completed and worked out that time; that the employer is now due him one hundred and twenty-eight •dollars and eighty cents for his labor on said farm; that he made a crop of wheat and corn thereon under the contract, which the employer has in possession on said land; that no demand has been made on him since the debt became due for the reason that the employer was absent from the county when the contract was completed and the debt became due, and is still absent and likely to be for some time from his residence in said county; that he raised by his labor the corn grown this year on the land described aforesaid, and also the wheat, to-wit: about fifty-four bushels in said employex-’s possession, and that he slaims a special lien on the same for the payment of said debt, and that the foreclosure of the lien is within twelve months from the time the debt- became due, the affidavit being dated the 9th of November, 1878:

*Held,*1. That the affidavit makes a sufficient allegation that the contract of labor was completed by the affiant.

'2. That the excuse for not making demand for payment alleged is sufficient.

3. That the allegation is sufficient to show that the wheat was raised under the contract and during the time employed.

4. That the demurrer thereto was properly overruled. Code, §§1975, 1991.

Jackson, Justice.
III 

115TH CONGRESS 

1ST SESSION S. RES. 129 

Designating April 2017 as ‘‘Second Chance Month’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2017 

Mr. PORTMAN (for himself, Ms. KLOBUCHAR, Mr. LANKFORD, and Mr. DURBIN) submitted the following resolution; which was referred to the Committee on the Judiciary 

APRIL 25, 2017 

Committee discharged; considered and agreed to 

RESOLUTION 

Designating April 2017 as ‘‘Second Chance Month’’. 

1 Resolved, That the Senate— 

2 (1) designates April 2017 as ‘‘Second Chance 

3 Month’’; 

4 (2) honors the work of communities, govern5 mental entities, nonprofit organizations, congrega6 tions, employers, and individuals to remove unneces7 sary legal and societal barriers that prevent an indi8 vidual with a criminal record from becoming a pro9 ductive member of society; and 


sradovich on DSK3GMQ082PROD with BILLS
2 

SRES 129 ATS 

1 (3) calls on the people of the United States to 

2 observe Second Chance Month through actions and 

3 programs that— 

4 (A) promote awareness of collateral con5 sequences; and 

6 (B) provide closure for individuals who 

7 have paid their debts. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS
#### Michael Bertone v. Empress Apartments, Inc.

Motion to dismiss appeal granted, with $10 costs. The stay contained in the order of this court entered on June 22, 1961 is vacated. Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
<PAGE>   1

                                                                    EXHIBIT 10.3

                  SIXTH AMENDMENT TO THE HARBINGER CORPORATION
                   AMENDED AND RESTATED 1993 STOCK OPTION PLAN
                           FOR NON-EMPLOYEE DIRECTORS

         THIS SIXTH AMENDMENT TO THE HARBINGER CORPORATION AMENDED AND RESTATED
1993 STOCK OPTION PLAN FOR NON-EMPLOYEE DIRECTORS (the "Amendment") is made
effective as of the 25th day of April, 2000 (the "Effective Date"), by HARBINGER
CORPORATION, a corporation organized and doing business under the laws of the
State of Georgia (the "Company"). All capitalized terms in this Amendment have
the meaning ascribed to such term as in the Harbinger Corporation Amended and
Restated 1993 Stock Option Plan for Non-Employee Directors (the "Plan"), unless
otherwise stated herein.

                              W I T N E S S E T H:


         WHEREAS, the Board of Directors of the Company desires to amend the
Plan to increase the number of shares that may be granted under the Plan.

         NOW THEREFORE, in consideration of the premises and mutual promises
contained herein, the Plan is hereby amended as follows:

         SECTION 1. Section 2 of the Plan is hereby amended by deleting the
first sentence of Section 2 of the Plan in its entirety and substituting in lieu
thereof the following:

                           2.       SHARES SUBJECT TO THE PLAN. Subject to
         adjustment as provided in Section 6, the total number of shares of
         $.0001 par value common stock (the "Common Stock") of the Company for
         which options may be granted under the Plan (the "Shares") shall be
         875,000 less the number of Shares of Common Stock issuable pursuant to
         options granted under the Restated 1992 Stock Option Plan for
         Non-employee Directors."

         SECTION 2. Except as specifically amended by this Sixth Amendment, the
Plan shall remain in full force and effect as prior to this Sixth Amendment.

         IN WITNESS WHEREOF, the Company has caused this Sixth Amendment to the
Harbinger Corporation Amended and Restated 1993 Stock Option Plan for
Non-Employee Directors to be executed on the Effective Date.

                                              HARBINGER CORPORATION

                                              By:
                                                 ------------------------------
                                                     James M. Travers
                                              Title: CEO

         ATTEST:

         By:
            --------------------------
                Loren B. Wimpfheimer
         Title: Secretary
1830.7002-3 Representative investment calculations. ( a ) The calculation of the representative investment requires consideration of the rate or expenditure pattern of the costs to construct, fabricate, or develop a capital asset.
( b ) If the majority of the costs were incurred toward the beginning, middle, or end of the cost accounting period, the contractor shall either: ( 1 ) Determine a representative investment for the cost accounting period by calculating the average of the month-end balances for that cost accounting period; or
( 2 ) Treat month-end balances as individual representative investments.
( c ) If the costs were incurred in a fairly uniform expenditure pattern throughout the construction, fabrication, or development period, the contractor may either: ( 1 ) Determine a representative investment for the cost accounting period by averaging the beginning and ending balances of the construction, fabrication, or development cost account for the cost accounting period; or
( 2 ) Treat month-end balances as individual representative investments.
( d ) The method chosen by the contractor to determine the representative investment amount may be different for each capital asset being constructed, fabricated, or developed, provided the method fits the expenditure pattern of the costs incurred.
#### The People of the State of New York ex rel. Samuel Mininni, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent.

In a habeas corpus proceeding, the relator-appellant moves to dispense with printing and for assignment of counsel on appeal from judgment of the Supreme Court, Dutchess County, entered May 20, 1964, dismissing the writ . and remanding him to the custody of the respondent. In this proceeding the relator seeks to vacate the same 1950 judgment of conviction sought to be vacated by him on Ms motions [Case No. 17 and Case No. 18], This motion and relator’s appeal from the said judgment of May 20, 1964 are dismissed as academic in view of the granting of relator’s prior motion to reverse the said 1950 judgment (see *People*v. *Mininni,*21 A D 811). Beldock, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.