alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 226
Editorial Note: Nomenclature changes to part 226 appear at 70 FR 43261, July 27, 2005.

§ 226.21 Food service management companies. ( a ) Any institution may contract with a food service management company. An institution which contracts with a food service management company must remain responsible for ensuring that the food service operation conforms to its agreement with the State agency. All procurements of meals from food service management companies must adhere to the procurement standards set forth in § 226.22 and comply with the following procedures intended to prevent fraud, waste, and Program abuse: ( 1 ) All proposed contracts shall be publicly announced at least once 14 calendar days prior to the opening of bids. The announcement shall include the time and place of the bid opening;
( 2 ) The institution shall notify the State agency at least 14 calendar days prior to the opening of the bids of the time and place of the bid opening;
( 3 ) The invitation to bid shall not provide for loans or any other monetary benefit or terms or conditions to be made to institutions by food service management companies;
( 4 ) Nonfood items shall be excluded from the invitation to bid, except where such items are essential to the conduct of the food service;
( 5 ) The invitation to bid shall not specify special meal requirements to meet ethnic or religious needs unless special requirements are necessary to meet the needs of the participants to be served;
( 6 ) The bid shall be publicly opened;
( 7 ) All bids totaling $50,000 or more shall be submitted to the State agency for approval before acceptance. All bids shall be submitted to the State agency for approval before accepting a bid which exceeds the lowest bid. State agencies shall respond to any request for approval within 10 working days of receipt;
( 8 ) The institutions shall inform the State agency of the reason for selecting the food service management company chosen. State agencies may require institutions to submit copies of all bids submitted under this section.
( b ) The institution and the food service management company shall enter into a standard contract as required by § 226.6(i). However, public institutions may, with the approval of the State agency, use their customary form of contract if it incorporates the provisions of § 226.6(i).
( c ) A copy of the contract between each institution and food service management company shall be submitted to the State agency prior to the beginning of Program operations under the subject contract.
( d ) Each proposed additional provision to the standard form of contract shall be submitted to the State agency for approval.
( e ) A food service management company may not subcontract for the total meal, with or without milk, or for the assembly of the meal.
[47 FR 36527, Aug. 20, 1982, as amended at 53 FR 52594, Dec. 28, 1988; 83 FR 63791, Dec. 12, 2018; 88 FR 57857, Aug. 23, 2023]
#### § 201.40 Bulk.

Bulk seeds or screenings shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls shall be taken as the minimum which would be required for the same quantity of seed or screenings in bags of a size customarily used for such seed or screenings.

[5 FR 32, Jan. 4, 1940, as amended at 26 FR 10035, Oct. 26, 1961]
EXHIBIT 10.10

THE CONFIDENTIAL PORTIONS OF THIS EXHIBIT, WHICH HAVE BEEN
REMOVED AND REPLACED WITH AN ASTERISK, HAVE BEEN OMITTED AND
FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE
406 PROMULGATED UNDER THE SECURITIES ACT OF 1933 AND RULE
24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934.

                    1st AMENDMENT TO BATTERY SUPPLY AGREEMENT
                         BETWEEN WILSON GREATBATCH LTD.
                          AND CARDIAC PACEMAKERS, INC.



This 1st Amendment (the "Amendment") to the Battery Supply Agreement between
Wilson Greatbatch Ltd. (WGL), a New York corporation ("Seller" or "WGL"), and
Cardiac Pacemakers, Inc. d/b/a "Guidant," a Minnesota corporation ("Buyer" or
"CPI"), Seller and Buyer are collectively referred to herein as the "Parties."
This Amendment is entered into effective as of August 16, 2004 (the "Effective
Date").

BACKGROUND

          A.   The parties entered into a Battery Supply Agreement (the
               "Agreement") effective April 10, 2003.

          B.   The Parties to the Agreement desire to revise paragraph V C.
               Frontier Cell Pricing in the Agreement.

AGREEMENT

The Parties hereby agree as follows:

          1.   As of the Effective Date, the Agreement is hereby amended to
               incorporate the new scheduled pricing for Frontier Cell Pricing
               Schedule (QHR) as set forth below:

        Units/Year                                         QHR Price
        ----------                                         ---------
        *                                                  $  *
        *                                                  $  *
        *                                                  $  *
        *                                                  $  *

               I.   Frontier "Units per year" is determined by battery model on
                    a calendar basis.


<PAGE>


               II.  Pricing applies to current technology (QHR).
               III. Price premiums based upon shape and/or terminal modification
                    complexity apply.

          2.   Except as provided herein, the Agreement shall remain unchanged
               and is in full force and effect.

The parties have caused this Amendment to be executed by their respective duly
authorized representatives as of the Effective Date.

BUYER:                                     SELLER:

CARDIAC PACEMAKERS, INC.                   WILSON GREATBATCH LTD.

By:      ____________________________      By:      ____________________________

Title:   ____________________________      Title:   ____________________________

Date:    ____________________________      Date:    ____________________________
§ 1774.14 Eligible grant purposes. ( a ) Eligible predevelopment planning costs are feasibility studies, preliminary design assistance, and technical assistance as each is defined in § 1774.2. The eligible predevelopment activities funded with these grant funds must be agreed to and accepted by the Agency prior to the disbursement of the SEARCH grant. The predevelopment planning costs must be related to a proposed project that meets the following requirements: ( 1 ) To construct, enlarge, extend, or otherwise improve rural water, sanitary sewage, solid waste disposal, and storm wastewater disposal facilities.
( 2 ) To construct or relocate public buildings, roads, bridges, fences, or utilities, and to make other public improvements necessary for the successful operation or protection of facilities authorized in paragraph (a)(1) of this section.
( 3 ) To relocate private buildings, roads, bridges, fences, or utilities, and other private improvements necessary for the successful operation or protection of facilities authorized in paragraph (a)(1) of this section.
( b ) The Secretary, subject to the limitation in § 1774.4 of this part, may fund up to 100 percent of the eligible grant costs, not to exceed $30,000.
#### § 1822.261 General.

This subpart sets forth the policies and procedures and delegates authority for making Rural Housing Site (RHS) loans under sections 523 and 524 of the Housing Act of 1949. Any processing or servicing activity conducted pursuant to this subpart involving authorized Rural Development (RD) employees, members of their families, known close relatives, or business or close personal associates, is subject to the provisions of subpart D of part 1900 of this chapter. Applicants for this assistance are required to identify any known relationship or association with an RD employee. Section 523 loans are direct loans for the purchase and development of building sites for housing to be built by the self-help method; they have additional requirements which are contained in § 1822.278.

[35 FR 16087, July 1, 1970, as amended at 58 FR 224, Jan. 5, 1993; 80 FR 9866, Feb. 24, 2015]
#### SEAMAN, Respondent, v. GIBB et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

July 24, 1906.)

Action by Lewis W. Seaman, Jr., against John Gibb, and others.

No opinion. Judgment affirmed, with costs.
<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheets and statements of operations found on pages F-2 through F-5 of
the Company's Form 10-KSB for the fiscal year ended December 31, 1998, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                   $   2,584,900
<SECURITIES>                                         0
<RECEIVABLES>                                1,028,800
<ALLOWANCES>                                         0
<INVENTORY>                                    569,900
<CURRENT-ASSETS>                             4,264,500
<PP&E>                                      24,675,100
<DEPRECIATION>                                 424,000
<TOTAL-ASSETS>                              29,700,100
<CURRENT-LIABILITIES>                        3,385,600
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,107,700
<OTHER-SE>                                  (2,068,800)
<TOTAL-LIABILITY-AND-EQUITY>                29,700,100
<SALES>                                              0
<TOTAL-REVENUES>                             4,545,000
<CGS>                                                0
<TOTAL-COSTS>                                3,215,000
<OTHER-EXPENSES>                             4,539,300
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             538,700
<INCOME-PRETAX>                             (2,110,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (2,110,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,057,000)
<EPS-BASIC>                                     (.17)
<EPS-DILUTED>                                     (.17)
###### Editorial Note on Part 1962

#### Editorial Note:

Nomenclature changes to part 1962 appear at 80 FR 9902, Feb. 24, 2015.

#### § 1962.1 Purpose.

This subpart delegates authorities and gives procedures for servicing, care, and liquidation of Rural Development chattel security, Economic Opportunity (EO) loan property, and note only loans. Security servicing for Nonprogram (NP) loans on farm property will be according to subpart J of part 1951 of this chapter. This subpart is inapplicable to Farm Service Agency, Farm Loan Programs.

[50 FR 45783, Nov. 1, 1985, as amended at 58 FR 52654, Oct. 12, 1993; 72 FR 64123, Nov. 15, 2007]
#### DALEY et al., Respondents, v. STUMPP & WALTER CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

July 24, 1906.)

Action by Charles J. Daley and Charles Sollen, etc., against the Stumpp & Walter Company.

No opinion. Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event; on the ground that the plaintiffs did not prove that they delivered the sods contracted for.
**Exhibit 31.2****CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**I, Thomas W. Stoelk, certify that:     1) I have reviewed this report on Form 10-Q of Superior Well Services, Inc.;     2) Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3) Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     4) The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b. Intentionally omitted pursuant to SEC Release No. 34-47986;  c. Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  d. Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and     5) The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions); a. All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b. Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.         By:                                                /s/ Thomas W. Stoelk    Thomas W. Stoelk    Vice President and Chief Financial Officer   Date: May 9, 2006
31
**EXHIBIT 31.1** **Certification    Pursuant to    Rule 13a-14(a)    of the Securities Exchange Act of 1934**     I, Mark R. Holden, certify that:     1. I have reviewed this quarterly report on    Form 10-Q    of American Commercial Lines Inc.;     2. Based on my knowledge, this report does not contain any    untrue statement of a material fact or omit to state a material    fact necessary to make the statements made, in light of the    circumstances under which such statements were made, not    misleading with respect to the period covered by this report;     3. Based on my knowledge, the financial statements, and    other financial information included in this quarterly report,    fairly present in all material respects the financial condition,    results of operations and cash flows of the registrant as of,    and for, the periods presented in this report;     4. The registrant’s other certifying officer and I are    responsible for establishing and maintaining disclosure controls    and procedures (as defined in Exchange Act    Rules 13a-15(e)    and    15d-15(e))    for the registrant and have:     (a) Designed such disclosure controls and procedures, or    caused such disclosures controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this report is    being prepared;     (b) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     (c) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over the financial reporting; and     5. The registrant’s other certifying officer and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of the registrant’s board    of directors (or persons performing the equivalent functions):     (a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     (b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting. /s/  Mark    R. Holden    Mark R. Holden    President and Chief Executive Officer     Date: May 8, 2007
#### § 28.124 Payments; procedure.

Any payment or advance deposit under §§ 28.115 through 28.123 shall be by check, draft, or money order, payable to the order of the “Agricultural Marketing Service, USDA”, and may not be made in cash except in cases where the total payment or deposit does not exceed $1.

[22 FR 10937, Dec. 28, 1957, as amended at 30 FR 6637, May 14, 1965]
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* Pursuant to Local 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-30888

Summary Calendar

 

CATRINA M. REED,

Plaintiff-Appellee,

versus

R.C. JOHNSON et al.,

 Defendants,

and

WESLEY C. JOHNSON,

d/b/a African Harvest;

AFRICAN HARVEST, INC.,

 Defendants-Appellants.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 93-CV-1652 K

- - - - - - - - - -

May 15, 1997

Before DAVIS, EMILIA M. GARZA and STEWART, Circuit Judges.

PER CURIAM:*

Wesley Johnson appeals from the district court’s award of

attorney’s fees to plaintiff Reed in her suit pursuant to the

Fair Labor Standards Act. Johnson argues that the district court
No. 96-30888

-2-

abused its discretion in awarding attorney’s fees. We have

reviewed the record and find no reversible error. Accordingly,

the judgment is AFFIRMED for essentially the reasons stated by

the district court. We AWARD Reed appellate attorney’s fees and

REMAND to the district court for a determination of the amount of

the award.
No. 89-6331.

#### Woods *v.*United States.

C. A. 10th Cir. Certiorari denied.
#### § 20.7 Confidentiality of reports.

A reporting exporter's individual reports shall remain confidential and subject to examination only by designatees of the Administrator. Information from reports filed by exporters on a weekly basis will be compiled and published in compilation form each week following the week of reporting. Information from daily reports filed by exporters will be made available to the public on the following business day at 9 a.m., eastern time. Information from monthly reports filed by exporters will be compiled and published in compilation form in the weekly report no later than the week following the time of filing specified in § 20.6(k).

[43 FR 5497, Feb. 9, 1978, as amended by Amdt. 3, 45 FR 8562, Feb. 8, 1980; Amdt. 5, 45 FR 24440, Apr. 10, 1980; 68 FR 62215, Nov. 3, 2003]
§ 1738.108 Environmental reviews. ( a ) Federal agencies are required to analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) for Applicant projects or proposals seeking funding. Please refer to 7 CFR part 1970 for all of Rural Development's environmental policies. All Applicants are required to provide environmental review documents, provide a description of program activities, and to submit all other required environmental documentation as requested in the application system or by the Agency after the application is submitted. It is the Applicant's responsibility to obtain all necessary Federal, tribal, State, and local governmental permits and approvals necessary for the proposed work to be conducted. Applicants are expected to design their projects so that they minimize the potential for adverse impacts to the environment. Applicants also will be required to cooperate with the granting agencies in identifying feasible measures to reduce or avoid any identified adverse environmental impacts of their proposed projects. The failure to do so may be grounds for not making an Award.
( b ) The Agency may obligate, but not disperse, funds under Title VI of the Rural Electrification Act of 1936, before the completion of the otherwise required environmental historical, or other types of reviews if the Secretary determines that subsequent site-specific review shall be adequate and easily accomplished for the location of towers, poles, or other broadband facilities in the service area of the awardee without compromising the project or the required reviews.