alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 5001.5 Appeal and review rights. Borrowers, lenders, and holders may have appeal or review rights for Agency decisions made under this part. Agency decisions that are adverse to the individual participant are appealable, while matters of general applicability are not subject to appeal; however, such decisions are reviewable for appealability by the National Appeals Division (NAD). All appeals will be conducted by NAD and will be handled in accordance with 7 CFR part 11. ( a ) The borrower, lender, and holder can appeal any Agency decision that directly and adversely affects them. ( 1 ) For an adverse decision that affects the borrower, the lender and borrower must jointly execute a written request for appeal of an adverse decision made by the Agency.
( 2 ) An adverse decision that affects only the lender can be appealed by the lender only.
( 3 ) An adverse decision that affects only the holder can be appealed by the holder only.
( b ) In cases where the Agency has denied or reduced the amount of final loss payment to the lender, the adverse decision can be appealed only by the lender.
( c ) A decision by a lender adverse to the interest of the borrower is not a decision by the Agency, even if it was concurred in by the Agency, and therefore cannot be reviewed for appealability or appealed to NAD.
EXHIBIT 10.13



 EXHIBIT 10.13 
 AMENDMENT TO 
 EXECUTIVE EMPLOYMENT AGREEMENT 
 This Amendment to the Executive Employment Agreement (“Agreement”) dated the 18th day of September, 2006, by and between Jeffrey W. Griffiths
(“Employee”) and Lumber Liquidations, Inc., a Delaware corporation (the “Company”), is effective December 31, 2008. 
 WHEREAS, the Company and Employee desire to amend the Agreement to make certain changes required by section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”). 
 NOW, THEREFORE, in consideration of the mutual promises and of the covenants set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the Company and the Employee hereby agree to amend Section 2.3(b) of the Agreement to read as follows: 
  

	 	(b)	Employee’s employment hereunder may also be terminated without Cause or reason by the Company upon thirty (30) days written notice to the Employee. In the event Employee’s
employment under this Agreement is terminated without Cause, Employee shall be entitled to 

  

	 	i.	all compensation earned through the date of termination 


	 	ii.	an additional sum equal to twice Employee’s Salary which shall be paid in a lump sum; and 


	 	iii.	a prorated share of any annual performance bonus to which Employee would have been entitled but for his termination, payable within ten (10) days of termination.


 To the extent that Employee is a “specified employee” as determined under Section 409A and Treasury Regulations
thereunder as of the date of Employee’s termination of employment, any payment provided by items (ii) or (iii) above, shall be paid no earlier than the six-month anniversary of the Employee’s termination of employment. “Termination of
employment” under this Agreement shall be determined in a manner consistent with the definition of separation from service under Section 409A and Treasury Regulations thereunder. 
 IN WITNESS OF HEREOF, the parties hereto have executed this Amendment to Executive Employment Agreement on the 31st day of December, 2008. 
  

									
		 		 	LUMBER LIQUIDATORS, INC.
				
	/s/ Jeffrey W. Griffiths	 		 	By:	 	/s/ E. Livingston B. Haskell
	JEFFREY W. GRIFFITHS	 		 	 Print:
 Title:
	 	 E. Livingston B. Haskell
 Secretary and
General
 Corporate Counsel
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

UNITED STATES OF AMERICA ) 

ex rel. BRANDI STUART and ) 

BRANDI STUART, ) 

) 

Plaintiffs, ) 

) 

v. ) 

) 

TRACY HARRELL; SIMPLY ) 

SOUTHERN STYLES CORP.; ) 

EMMA JEAN KIDS, LLC; ) 

BANANA SPLIT, LLC; THREE ) 

SISTERS DESIGNS, LLC, and ) 

MILLIE JAY, LLC, ) 

) 

Defendants. ) 

Civil No. 3:20-CV-5602-MCR/HTC 

FILED UNDER SEAL 

THE GOVERNMENT'S NOTICE OF ELECTION TO 

DECLINE INTERVENTION 

Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)

(4)

(B)

, the United 

States notifies the Court of its decision not to intervene in this action. 

Although the United States declines to intervene, we respectfully refer the 

Court to 31 U.S.C. § 3730(b)

(l)

, which allows the relator to maintain the action in 

the name of the United States; providing, however, that the "action may be dismissed 

only if the court and the Attorney General give written consent to the dismissal and 

c---11: �-r� U::J�Jl. F� �11Lt

SEP 8 �20 am 8:38

Case 3:20-cv-05602-MCR-HTC Document 3 Filed 09/08/20 Page 1 of 4
Case 3:20-cv-05602-MCR-HTC Document 3 Filed 09/08/20 Page 2 of 4
Case 3:20-cv-05602-MCR-HTC Document 3 Filed 09/08/20 Page 3 of 4
Case 3:20-cv-05602-MCR-HTC Document 3 Filed 09/08/20 Page 4 of 4
1120 East Diehl Road, Suite 200 | Naper ville, IL 60563

- 1486 | P: 866 .730.6735 F: 630

. 649

. 6700 www.relmidwest.org

OMB Control Number XXXX

- XXXX (Exp XX/XX) REL Midwest Implementation Study of the Ramp

- Up to Readiness Program

— 1



## Extant Document Collection Request Month XX, 20XX Dear [SCHOOL STAFF MEMBER] : REL Midwest at American Institutes for Research (AIR) is studying the Ramp

- Up to Readiness program at [ SCHOOL ]. In [ MONTH/YEAR ], our research team received approval from your school to conduct this study. As part of our study, we are collecting existing, publicly available documents related to college

- readiness programs and initiatives in your school. We are interested in the programs, services, activities, and resources that [ SCHOOL ] offers to help students prepare for college. The types of documents that we would like to receive are the following:



###  Calendars of events related to college readiness (e.g., college fairs, visits from college representatives, financial aid night for families)



###  Agendas from professional development activities related to college readiness



###  Written descriptions of college readiness programs offered in your school (e.g., Upward Bound)



###  Written descriptions of activities or services related to college offere d in your school



###  A description of how [ SCHOOL ] calculates a student’s cumulative GPA



###  Master schedule showing the availability of advanced courses (e.g., honors, advanced placement, dual

- enrollment courses) In the recently conducted focus groups, we heard a bout several college

- readiness supports that we would like to request more information about. They are: [ LIST RELEVANT PROGRAMS, SERVICES, ACTIVITIES, AND RESOURCES ] Please do not create any original documents to fulfill this request. Documents can be e

- ma iled to me at [ e mail address ]. To meet our analysis and reporting deadlines, we will need to receive the complete collection of documents no later than [DATE]

. We have found that an initial phone discussion about the requested documents can help prevent m isunderstandings. That said, we would like to find a 30

- minute window of time next week, [ DATES ], when we can discuss this document request. Please let me know of your availability (or the availability of someone else who is familiar with the data), and we will arrange a phone conference. We appreciate your support for this study. If you have any questions, feel free to contact me at the phone number below. Best regards, Jim Lindsay, Ph.D. Principal Investigator, REL Midwest 630

- 649

- 6591
UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

RICARDO BRYAN,

Petitioner,

vs. Case No.: 4:20cv357/TKW/EMT

MARK S. INCH,

Respondent.

______________________/

ORDER

This case is before the Court based on the magistrate judge’s Report and 

Recommendation (Doc. 12) and Petitioner’s objections. The Court reviewed the 

issues raised in the objections de novo pursuant to Fed. R. Civ. P. .72(b)(3). Based 

on that review, the Court fully agrees with the magistrate judge’s analysis and 

recommended disposition of the petition. Accordingly, it is

ORDERED that:

1. The magistrate judge’s Report and Recommendation is adopted and 

incorporated by reference in this order.

2. The habeas petition challenging FDOC DR Log Nos. 115-180895, 115-

180896, 115-180907, 115-180909, and 115-180910 (Doc. 1) is DENIED.

3. A certificate of appealability is DENIED.

Case 4:20-cv-00357-TKW-EMT Document 14 Filed 03/22/21 Page 1 of 2
2

4. The Clerk is directed to enter judgment in accordance with this Order 

and close the case file

DONE and ORDERED this 22nd day of March, 2021.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 4:20-cv-00357-TKW-EMT Document 14 Filed 03/22/21 Page 2 of 2
26.205 Disaster Response Registry.       (a) 						            Contracting officers shall consult the Disaster Response Registry via https://www.sam.gov to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas.                                          (b) 						            A list of prospective vendors voluntarily participating in the Disaster Response Registry can be retrieved using the System for Award Management (SAM) search tool, which can be accessed via https://www.sam.gov, Search Records, Advanced Search, Disaster Response Registry Search. These vendors may be identified by selecting the criteria for "Disaster Response Contractors". Contractors are required to register in SAM in order to gain access to the Disaster Response Registry.    **Parent topic:** Subpart 26.2 - Major Disaster or Emergency Assistance Activities
<PAGE>

                                                                    Exhibit 3.2D


                              TRANSMONTAIGNE INC.
             Resolutions Adopted By Consent to Corporation Action
                            Dated December 2, 1998


Section 2.2 of Article 2 of the By-laws be deleted in its entirety and restated
to read as follows:

          "The annual meeting of the stockholders shall be held on the date and
     at the time fixed, from time to time, by the Board of Directors; provided
     however, that unless the Board otherwise designates, the annual meeting
     shall be held on or before the third Wednesday of December of each year, at
     a time and place set by the Chief Executive Officer, after due notice. The
     annual meeting shall be for the purpose of electing a Board of Directors
     and transacting such other business as may properly be brought before the
     meeting."
ALEXANDER KENT

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 3482

_________ ____________________/

Opinion filed October 2, 2015.

An appeal from the Circuit Court for Santa Rosa County

. John L. Miller , Judge

.

Alexander Kent, pro se

, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee , for Appellee.

PER CURIAM.

A FFIRMED.

BENTON, OSTERHAUS, and BILBREY, JJ., CONCUR.
#### SPINELLI v. McMULLEN, SNARE & TREIST, Inc.

(Supreme Court, Appellate Term, First Department.

June 18, 1914.)

Master and Servant (§ 252*)—Injury to Servant—Notice under Employers’ Liability Act.

Service of notice in conformity to the Employers’ Liability Act (Consol. Laws, c. 31, §§ 200-204) is a condition precedent to the right of an employe to recover for a personal injury.

[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. § 806; Dec. Dig. § 252.*]

Appeal from Municipal Court, Borough of the Bronx, Second District.

Action under the Employers’ Liability Act by Pasquale Spinelli, by Fiore Spinelli, his guardian ad litem, against McMullen, Snare & Treist, Incorporated, to recover for personal injuries to plaintiff. From a judgment for plaintiff, defendant appeals.

Reversed, and complaint dismissed.

Argued June term, 1914, before SEABURY, PAGE, and BIJUR, JJ.

Halsey, Kiernan & O’Keefe, of New York City (John R. Halsey, of New York City, of counsel), for appellant.

Domenick A. Montani, of New York City, for respondent.

*

For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

PER CURIAM.

The service of a notice in conformity to the statute was a condition precedent to the plaintiff’s right to recover. The alleged notice served did not comply with the statute. Logerto v. Central Building Co., 198 N. Y. 390, 91 N. E. 782.

Judgment reversed, with costs, and complaint dismissed, with costs:
Editorial Note on Part 4290
Editorial Note: Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

§ 4290.660 Other items required to be filed by RBIC with the Agency. ( a ) *Reports to owners.* You must give the Agency a copy of any report you furnish to your investors, including any prospectus, letter, or other publication concerning your financial operations or those of any Portfolio Concern.
( b ) *Documents filed with SEC.* You must give the Agency a copy of any report, application or document you file with the Securities and Exchange Commission.
( c ) *Litigation reports.* When you become a party to litigation or other proceedings, you must give the Agency a report within 30 days that describes the proceedings and identifies the other parties involved and your relationship to them. ( 1 ) The proceedings covered by this paragraph (c) include any action by you, or by your security holder(s) in a personal or derivative capacity, against an officer, director, Investment Adviser/Manager or other Associate of yours for alleged breach of official duty.
( 2 ) The Agency may require you to submit copies of the pleadings and other documents it may specify.
( 3 ) Where proceedings have been terminated by settlement or final judgment, you must promptly advise the Agency of the terms.
( 4 ) This paragraph (c) does not apply to collection actions or proceedings to enforce your ordinary creditors' rights.
( d ) *Notification of criminal charges.* If any officer, director, general partner, or managing member of the RBIC, or any other person who was required by the Agency to complete a personal history statement, is charged with or convicted of any criminal offense other than a misdemeanor involving a minor motor vehicle violation, you must report the incident to the Agency within 5 calendar days. Such report must fully describe the facts that pertain to the incident.
( e ) *Reports concerning Operational Assistance grant funds.* You must comply with all reporting requirements set forth in 2 CFR part 200, subpart D, as codified in 2 CFR 400.1 and any grant award document executed between you and the Agency.
( f ) *Other reports.* You must file any other reports the Agency may require in writing.
[69 FR 32204, June 8, 2004, as amended at 79 FR 76019, Dec. 19, 2014]
#### §§ 4284.928-4284.929 [Reserved]
29.401-2 Construction contracts performed

in North Carolina.

The contracting officer shall insert the clause at 52.229-2, North Carolina State and Local Sales and

Use Tax, in solicitations and contracts for construction to be performed in North Carolina. If the

requirement is for vessel repair to be performed in North Carolina, the clause shall be used with its

AlternateI.

Parent topic: 29.401 Domestic contracts.
Exhibit 23

KPMG Peat Marwick LLP
99 High Street            Telephone 617 988 1000        Telefax 617 988 0800
Boston, MA 02110-2371



                       Consent of Independent Auditors


The Board of Directors and Stockholders
  of Westerbeke Corporation:

We consent to the incorporation by reference in the Registration Statements 
(File No. 33-24435 and 333-25687) on Form S-8 of Westerbeke Corporation of 
our report dated December 19, 1997 relating to the consolidated balance 
sheets of Westerbeke Corporation and subsidiary as of October 25, 1997 and 
October 26, 1996, and the related consolidated statements of operations, 
changes in stockholders' equity, and cash flows for each of the years in the 
three-year period ended October 25, 1997, and related schedule, which report 
appears in the October 25, 1997 annual report on Form 10-K of Westerbeke 
Corporation.


                                       By /s/ KPMG Peat Marwick LLP


Boston, Massachusetts
January 22, 1998
##### 



Exhibit 35.2
 SERVICER COMPLIANCE CERTIFICATE
PURSUANT TO ITEM 1123 OF REGULATION AB UNDER THE
SECURITIES EXCHANGE ACT OF 1934
 Re: Turquoise Card Backed Securities plc  Series 2006  2
  (i)
    
    the Receivables Trust Deed and Servicing Agreement (the RTSA Agreement) dated May 23, 2006
among Turquoise Receivables Trustee Limited, as Receivables Trustee, Turquoise Funding 1
Limited, as Loan Note Issuing Entity and Series 2006-2 Investor Beneficiary, Turquoise Funding
2 Limited, as Dormant Investor Beneficiary and HSBC Bank plc,(ii)
    
    the Series 2006-2 Supplement to the RTSA Agreement (the Series 2006-2 Agreement) dated
November 22, 2007, among Turquoise Receivables Trustee Limited, as Receivables Trustee,
Turquoise Funding 1 Limited, as Loan Note Issuing Entity and Series 2006-2 Investor
Beneficiary, Turquoise Funding 2 Limited, as Dormant Investor Beneficiary and HSBC Bank plc,
and(iii)
    
    the Letter Supplementing Servicing Provisions from HSBC Bank plc, dated October 26, 2007 to
and agreed by each of Turquoise Receivables Trustee Limited, as Receivables Trustee, Turquoise
Funding 1 Limited, as Loan Note Issuing Entity and Series 2006-2 Investor Beneficiary,
Turquoise Funding 2 Limited, as Dormant Investor Beneficiary, the Law Debenture Trust Company
of New York, as Securities Trustee and the Note Trustee and HSBC Bank plc (the Servicing
Supplement and together with the RTSA Agreement and the Series 2006-2 Agreement, the
Agreements)
  1.
    
    a review of the activities of the Company from November 22, 2006 to December 31, 2006 and of
its performance under each of the Agreements has been completed under my supervision; and
 2.
    
    to the best of my knowledge, based on such review, the Company has fulfilled all of its
obligations under each of the Agreements in all material respects throughout the reporting
period referred to above except as set forth below:
  th
 By:
    
    /s/ Richard F FarrandName:
    
    Richard F. FarrandTitle:
    
    Chief Operating Officer
 33
16.205-2 Application.

A fixed-price contract with prospective price redetermination may be used in acquisitions of quantity

production or services for which it is possible to negotiate a fair and reasonable firm fixed price for

an initial period, but not for subsequent periods of contract performance.

(a) The initial period should be the longest period for which it is possible to negotiate a fair and

reasonable firm fixed price. Each subsequent pricing period should be at least 12 months.

(b) The contract may provide for a ceiling price based on evaluation of the uncertainties involved in

performance and their possible cost impact. This ceiling price should provide for assumption of a

reasonable proportion of the risk by the contractor and, once established, may be adjusted only by

operation of contract clauses providing for equitable adjustment or other revision of the contract

price under stated circumstances.

Parent topic: 16.205 Fixed-price contracts with prospective price redetermination.
<TABLE> <S> <C>
                                               
<ARTICLE>                                           5
<MULTIPLIER>                                                 1,000
                                                     
<S>                                                   <C>
<PERIOD-TYPE>                                       9-MOS
<FISCAL-YEAR-END>                                   JUN-30-1999
<PERIOD-START>                                      JUL-01-1998
<PERIOD-END>                                        MAR-31-1999
<CASH>                                                       2,410
<SECURITIES>                                                17,898
<RECEIVABLES>                                               11,188
<ALLOWANCES>                                                 2,543
<INVENTORY>                                                    508
<CURRENT-ASSETS>                                            31,487
<PP&E>                                                      12,932
<DEPRECIATION>                                              11,182
<TOTAL-ASSETS>                                              43,104
<CURRENT-LIABILITIES>                                       12,798
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                       120
<OTHER-SE>                                                  30,166
<TOTAL-LIABILITY-AND-EQUITY>                                43,104
<SALES>                                                     47,256
<TOTAL-REVENUES>                                            47,256
<CGS>                                                        8,027
<TOTAL-COSTS>                                                8,027
<OTHER-EXPENSES>                                            36,521
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                             136
<INCOME-PRETAX>                                              3,198
<INCOME-TAX>                                                 1,119
<INCOME-CONTINUING>                                          2,079
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                 2,079
<EPS-PRIMARY>                                                 0.19
<EPS-DILUTED>                                                 0.18
        
 



</TABLE>
Exhibit 23.1 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We have issued our report dated March 12, 2014, except for Note 2, as to which the date is March 31, 2015, with respect to the financial statements, included in the Annual Report of KCAP Financial, Inc. on Form 10-K for the year ended December 31, 2014. We hereby consent to the incorporation by reference of said report in the Registration Statements of KCAP Financial, Inc. on Forms S-8 (File No. 333-175838, effective July 28, 2011; and File No. 333-151995, effective June 27, 2008). /s/ Grant Thornton LLP New York, New York March 31, 2015
#### § 3560.100 OMB control number.

The information collection requirements contained in this regulation have been approved by the Office of Management and Budget (OMB) and have been assigned OMB control number 0575-0189. Public reporting burden for this collection of information is estimated to vary from 15 minutes to 18 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.