alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 852.237-75 Key Personnel.

As prescribed in 837.110-70(b), insert the following clause:

# Key Personnel (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of clause)

[84 FR 46456, Sept. 4, 2019]
#### In the Matter of the Claim of Alessandro Miranda, Respondent, v. O. C. Pizza Co. et al., Appellants, and Security Mutual Insurance Company of New York et al., Respondents. Workmen’s Compensation Board, Respondent.

Staley, Jr., J.

Appeal by the United States Fidelity & Guaranty Company from a decision of the Workmen’s Compensation Board. The claimant commenced working for the employer herein in April 1955. He was employed as a baker and worked in an atmosphere of flour dust. The claimant first developed symptoms of bronchial asthma in March 1962. On March 2, 1962, he consulted Dr. Suriano, his family physician, who diagnosed his condition as bronchial asthma, and, on March 12, 1962, signed claimant’s claim for disability benefits stating therein that this disability was not an *676occupational disease. On March 26, 1962, he returned to work and, on May 14-, 1962, the claimant was disabled with a non-related bladder condition. The claimant returned to work in September 1962, -and quit work on October 8, 1963 by reason of difficulty in breathing. He filed an occupational disease claim for bronchial asthma in November, 1963. Dr. Suriano did not testify at the hearing and his report of March 12, 1962 was received in evidence without objection. Dr. Dorfman, who examined the claimant in 1964, testified that the October, 1963 asthma attack was employment related, due to continuing exposure to flour dust. He could not say that the March, 1962 asthma attack was employment related, and could only assume that Dr. Suriano’s diagnosis was correct; but Dr. Suriano, of course, had examined prior to the time that improvement in the asthmatic condition was demonstrated after claimant had been away from the work environment for a period of four months because of a nonrelated urological condition. The Workmen’s Compensation Board determined that the date of claimant's disablement was March 2, 1962. The appellant was the employer’s carrier in March 1962, but not in October 1963, and contends that there is no substantial evidence in the record to support the board’s determination that the date of disablement was March 2, 1962. There is no competent medical evidence in the record that claimant’s disabling asthma attack of March, 1962 was employment connected. In the absence of any substantial evidence to support the board’s determination, the decision of the board must be reversed. It may be possible to develop the record further upon remittal. Decision reversed, and case remitted, with costs to appellants against respondent carriers. Gibson, P. J., Herlihy and Reynolds, JJ., concur with Staley,. Jr., J.
<PAGE>
                                                                    EXHIBIT 32.1

                            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 Reports of FirstEnergy Corp., Ohio Edison
Company, The Cleveland Electric Illuminating Company and The Toledo Edison
Company ("Companies") on Form 10-Q/A for the period ending March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Reports"), each undersigned officer of each of the Companies, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of his knowledge:

      (1)   Each of the Reports 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 each of the Reports fairly presents, in
            all material respects, the financial condition and results of
            operations of the Company to which it relates.



                                                /s/H. Peter Burg
                                       ---------------------------------------
                                                   H. Peter Burg
                                               Chief Executive Officer

                                                  August 18, 2003



                                              /s/Richard H. Marsh
                                       ---------------------------------------
                                                 Richard H. Marsh
                                               Chief Financial Officer

                                                  August 18, 2003


                                       95
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 4, 2014

NO. 03-13-00122-CR

George Robert Powell, III, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 264TH DISTRICT COURT OF BELL COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON AND ROSE

AFFIRMED -- OPINION BY JUSTICE PURYEAR

This is an appeal from the order entered by the trial court. Having reviewed the record and the 

parties’ arguments, the Court holds that there was no reversible error in the trial court’s order.

Therefore, the Court affirms the trial court’s order. Because appellant is indigent and unable to 

pay costs, no adjudication of costs is made.
950.7006 Statutory nuclear hazards indemnity agreement. ( a ) The contract clause contained in 952.250-70 shall be incorporated in all contracts in which the contractor is under risk of public liability for a nuclear incident or precautionary evacuation arising out of or in connection with the contract work, including such events caused by a product delivered to a DOE-owned facility for use by DOE or its contractors. The clause at 952.250-70 shall be included in contracts with architect-engineer contractors for the design of a DOE facility, the construction or operation of which may involve the risk of public liability for a nuclear incident or a precautionary evacuation.
( b ) However, this clause shall not be included in contracts in which the contractor is subject to Nuclear Regulatory Commission (NRC) financial protection requirements under section 170b. of the Act or NRC agreements of indemnification under section 170c. or k. of the Act for activities to be performed under the contract.
[56 FR 57828, Nov. 14, 1991, as amended at 59 FR 9108, Feb. 25, 1994]
Exhibit
32
 
 Section
1350 Certification
 
 In
connection with the report of China Logistics Group, Inc. (the “Company”) on
Form 10-K/A (Amendment No. 3 ) for the period ended December 31, 2007 as
filed with the Securities and Exchange Commission (the “Report”), I, Wei Chen,
Chief Executive Officer and principal financial and accounting officer of
the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to
Section 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 result of operations of the Company.
 
 
 
 June
      9, 2009
              /s/
      Wei ChenWei
      Chen, Chief Executive Officer and principal financial and accounting
      officer
  A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement 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.
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            -           Resource: Eliminating Educator Shortages through Increasing Educator Diversity and Addressing High-need Shortage Areas      

# Resource: Eliminating Educator Shortages through Increasing Educator Diversity and Addressing High-need Shortage Areas

This policy brief outlines the Department’s current efforts to support and advance educator diversity and address high-need shortage areas. The brief features visualizations underscoring national and state data on teacher diversity and areas in which states have particular shortages. **Learn more.**
#### The People of the State of New York, Respondent, v Felix V. Peguero, Appellant.

[776 NYS2d 921]

Appeal from a judgment of the County Court of Schenectady County (Catena, J.), rendered March 19, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant, waiving his right to appeal, pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree. As part of the plea agreement, defendant was to be sentenced to six months in jail and five years’ probation. In addition to the *Parker*admonishment executed by defendant, County Court advised defendant that it would not be bound by the agreed-upon sentence if he did not appear for sentencing, in which case the court could impose the maximum sentence of 2Vs to 7 years in prison. Thereafter, defendant failed to appear for sentencing scheduled in August 2000 and a bench warrant was issued. Following a felony arrest in March 2002, defendant was returned to court and sentenced to 2 to 6 years in prison. Defendant appeals claiming that the sentence imposed was harsh and excessive. Defendant’s challenge to the severity of the sentence is not preserved for our review given his waiver of his right to appeal *(see People v Terry,*300 AD2d 757 [2002], *lv denied*99 NY2d 620 [2003]). Were we to consider defendant’s argument, we would find it to be without merit. Given defendant’s failure to abide by the terms of the *Parker*admonish*926ment without an exculpatory reason and his intervening felony arrest, County Court was free to impose the enhanced sentence *(see People v Miley,*302 AD2d 796 [2003], *lvs denied*100 NY2d 540, 543 [2003]). In addition, inasmuch as the record establishes that the court considered the relevant factors prior to imposing the sentence, we find no abuse of discretion or extraordinary circumstances warranting a modification of the sentence in the interest of justice *(see id.).*

Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed.
#### § 1160.107 Fluid milk product.

*Fluid milk product* means any product that meets the definition provided in § 1000.15 for milk marketing orders issued pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. 601-674.

[67 FR 49858, Aug. 1, 2002]
#### JOHNSON, Respondent, v. FEY; Appellant.

(Supreme Court, Appellate Division, Second Department.

March 2, 1906.)

Action by Thyra Marie Johnson against Gottlieb Fey.

No opinion. Judgment and order affirmed, with costs.
|EXHIBIT 32.2

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 Central Vermont Public Service Corporation (the "Company") on Form 10-Q for the period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I Edmund F. Ryan, Acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

(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/ Edmund F. Ryan                 
Edmund F. Ryan
Acting Chief Financial Officer
November 9, 2005

A signed original of this written statement required by Section 906 has been provided to Central Vermont Public Service Corporation ("CVPS") and will be retained by CVPS and furnished to the Securities and Exchange Commission or its staff upon request.
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#### In the Matter of David Jarushewsky, Respondent, v Cindy Baez, Appellant.

[776 NYS2d 847]

In a child custody proceeding pursuant to Family Court Act article 6, which was transferred for administrative reasons to the Supreme Court for trial, the mother appeals from an order of the Family Court, Nassau County (Joseph, J.S.C.), dated January 3, 2003, which, after a hearing, inter alia, granted the father’s petition for custody of the parties’ child.

Ordered that the order is affirmed, without costs or disbursements.

In a child custody determination, the paramount consideration is the bests interests of the child *(see*Domestic Relations Law § 70 [a]; *Eschbach v Eschbach,*56 NY2d 167, 171 [1982]; *Friederwitzer v Friederwitzer,*55 NY2d 89, 94 [1982]). Here, contrary to the mother’s contention, the Family Court’s determination to award custody of the parties’ child to the father has a sound and substantial basis in the record *(see Zafran v Zafran,*306 AD2d 468, 469 [2003]; *Vinciguerra v Vinciguerra,*294 AD2d 565, 566 [2002]).

In making its determination, the Family Court considered, among other things, the fact that the parents had been sharing *714custody of the child prior to the hearing, the loving, warm, and nurturing relationship the father had with the child, the father’s strong support system, and the fact that he encouraged a healthy relationship between the mother and the child. In addition, an important factor in the Family Court’s determination was the finding, supported by the record, that the mother was less than credible throughout the proceeding and that she attempted to exclude the father from the child’s life by filing several family offense petitions, none of which were determined to be meritorious. Thus, the record supports the Family Court’s determination that the father is the more suitable custodial parent *(see Miller-Presutti v Presutti,*257 AD2d 562, 563 [1999]).

Contrary to the mother’s contention, the Family Court was not obligated to accept the recommendation of the probation officer *(see Zafran v Zafran, supra; Vinciguerra v Vinciguerra, supra; Matter of Maysonet v Contreras,*290 AD2d 510 [2002]).

The mother’s remaining contention is without merit. Smith, J.P., Krausman, Crane and Mastro, JJ., concur.
#### Hanie Eng et al., Appellants, v Michael Sichenzia et al., Defendants, and Frank E. DeEsso, Respondent.

[776 NYS2d 903]

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from a judgment of the Supreme Court, Putnam County (Hickman, J.), entered July 30, 2003, which, upon an order of the same court dated June 3, 2003, granting the motion of the defendant Frank E. DeEsso pursuant to CPLR 5015 (a) (3) to vacate a prior order of the same court dated November 25, 2002, granting the plaintiffs’ ex parte motion for an extension of time within which to serve the summons and complaint upon Frank E. DeEsso on the ground that the prior order was procured by fraud, misrepresentation, and other misconduct, and pursuant to CPLR 306-b to dismiss the complaint insofar as asserted against Frank E. DeEsso, dismissed the complaint insofar as asserted against Frank E. DeEsso.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the motion of the defendant Frank E. DeEsso which was pursuant to CPLR 5015 (a) (3) to vacate a prior order granting the plaintiffs’ ex parte motion for an exten*755sion of time within which to serve a summons and complaint upon him *(see Peterson v Melchiona,*269 AD2d 375 [2000]). The plaintiffs failed to advise the court that DeEsso had informed them that he wished to receive notice of any such motion for an extension and that he would vigorously oppose such a motion.

Further, the Supreme Court also providently exercised its discretion in granting that branch of DeEsso’s motion which was pursuant to CPLR 306-b to dismiss the complaint insofar as asserted against him after vacating the prior order. The plaintiffs failed to provide an explanation for their protracted delay in making their motion to extend the time for service *(see Ludemann v Maisel,*292 AD2d 428 [2002]). Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.
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This guide (PDF, 22 pages) provides resources to assess and address social influences of health and education (SIHE) affecting students, their families, and communities. The resource provides tools and practical strategies for identifying root causes of identified or emerging problems and shares effective interventions to reduce social and environmental barriers to learning and enhance home and community strengths. The guide is designed for school-based health centers (SBHCs), comprehensive school mental health systems (CSMHSs), and school health and mental health providers. **Learn more**(PDF, 22 pages).