alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### City Textile Printing Corp., Appellant, v. Sol Rosenberg, Respondent, et al., Defendant.

Determination of the Appellate Term to the extent appealed from, unanimously reversed, on the law, and the order and judgment of the Civil Court, insofar as the samé grant summary judgment in favor of plaintiff against defendant Sol Rosenberg, reinstated, with costs and disbursements to plaintiff in all courts. The deadline for obtaining the mortgage commitment was missed by so short a time that the vendor’s disappointment is understandable. But the suspicion that plaintiff was responsible for the delay in securing the commitment has no foundation other than surmise and speculation, as we read the affidavits. The facts set forth raise no genuine issue either of bad faith, fraud or lack of diligence. Concur — Botein, P. J., Breitel, Rabin, Stevens and Steuer, JJ.
§ 763.19 Contract modification. ( a ) The seller and buyer may modify the land contract to lower the interest rate and corresponding amortized payment amount without Agency approval.
( b ) With prior written approval from the Agency, the seller and buyer may modify the land contract provided that, in addition to a feasible plan for the upcoming operating cycle, a feasible plan can be reasonably projected throughout the remaining term of the guarantee. Such modifications may include but are not limited to: ( 1 ) Deferral of installments,
( 2 ) Leasing or subleasing, and
( 3 ) Partial releases. All proceeds from a partial release or royalties from mineral extraction must be applied to a prior lien, if one exists, and in addition, the same amount must be credited to the principal balance of the land contract.
( 4 ) Transfer and assumption. If the guarantee is to remain in effect, any transfer of the property and assumption of the guaranteed debt must be made to an eligible buyer for the Land Contract Guarantee Program as specified in § 763.5(b), and must be approved by the Agency in writing. If an eligible buyer for transfer and assumption cannot be found, the Deputy Administrator for Farm Loan Programs may make an exception to this requirement when in the Government's best financial interests.
( 5 ) Assignment. The seller may not assign the contract to another party without written consent of the Agency.
( c ) Any contract modifications other than those listed above must be approved by the Deputy Administrator for Farm Loan Programs, and will only be approved if such action is determined permissible by law and in the Government's best financial interests.
#### § 6.30 Record maintenance and inspection.

A licensee shall retain all records relating to its purchases, sales and transactions governed by this subpart, including all records necessary to establish the licensee's eligibility, for five years subsequent to the end of the quota year in which such purchases, sales or transactions occurred. During that period, the licensee shall, upon reasonable notice and during ordinary hours of business, grant officials of the U.S. Department of Agriculture full and complete access to the licensee's premises to inspect, audit or copy such records.

[80 FR 44254, July 27, 2015]
§ 70.56 Grading requirements of poultry and rabbits identified with official identification. ( a ) Poultry and rabbit products to be identified with the grademarks illustrated in § 70.51 must be individually graded by a grader or by authorized personnel pursuant to § 70.20 and thereafter checkgraded by a grader.
( b ) Poultry and rabbit products not graded in accordance with paragraph (a) of this section may be officially graded on a sample basis and the shipping containers may be identified with grademarks which contain the words “Sample Graded” and which are approved by the Administrator.
[71 FR 42014, July 24, 2006]
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 50103 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Lucas Marie Medrano,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 7:21

- CR

- 276

- 1

Before **Higginbotham, Graves,**  and **Ho,** Circuit Judges

**. Per Curiam**  **:** *

The attorney appointed to represent Lucas Marie Medrano has
moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Medrano has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We

* This opinion is not designated for publication. See **5th Cir. R. 47.5** 

. United States Court of Appeals Fifth Circuit 

### FILED January 4, 2023

Lyle W. Cayce Clerk Case: 22-50103 Document: 00516597368 Page: 1 Date Filed: 01/04/2023No. 22

- 50103

2 concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to
withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 22-50103 Document: 00516597368 Page: 2 Date Filed: 01/04/2023
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

JOHN LEO NORMAN,

Plaintiff,

v. CASE NO. 1:04-cv-00005-MP-AK

SHERIFF STEVEN OELRICH,

et al,

Defendants.

___________________________/

O R D E R 

This matter is before the Court on Plaintiff’s Motion to Strike Defendant Mary

Bauer’s Notice (doc. 38) of Adoption of the special report filed by the other Defendants. 

(Doc. 43). Plaintiff moves to strike Bauer’s adoption on the grounds that the special

report raises issue of improper service, which has been decided by the Court, and

because no affidavit or other evidentiary material is submitted on Bauer’s behalf with the

special report. Although Plaintiff raises some valid issues, the proper procedure is not

to strike Bauer’s notice to adopt, but to address these points in response to the motion

for summary judgment. Consequently, the motion to strike is DENIED. 

DONE AND ORDERED at Gainesville, Florida, this 23rd day of May, 2005.

s/ A. KORNBLUM 

ALLAN KORNBLUM

UNITED STATES MAGISTRATE JUDGE

Case 1:04-cv-00005-MP-AK Document 44 Filed 05/23/05 Page 1 of 1
Page 1 of 2

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

JONATHAN TOBIAS ALLEN,

Petitioner,

v. CASE NO. 3:20cv5989-MCR-MJF

MARK S. INCH,

Respondent.

_____________________________/

O R D E R

This cause comes on for consideration upon the Magistrate Judge’s Report 

and Recommendation dated May 14, 2021. ECF No. 15. The parties were furnished 

a copy of the Report and Recommendation and were afforded an opportunity to file 

objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court 

has made a de novo determination of those portions to which an objection was made.

Having considered the Report and Recommendation and all objections thereto 

timely filed, the Court concludes that the Report and Recommendation should be 

adopted.

Accordingly, it is ORDERED:

1. The Magistrate Judge’s Report and Recommendation, ECF No. 15, is 

adopted and incorporated by reference in this Order.
Page 2 of 2

Case No. 3:20cv5989-MCR/MJF

2. Respondent’s Motion to Dismiss, ECF No. 11, is GRANTED.

3. The petition for writ of habeas corpus, ECF No. 1, challenging the 

judgment of conviction and sentence in State of Florida v. Jonathan Tobias Allen, 

Escambia County Circuit Court Case No. 2019-CF-2415, is DISMISSED 

WITHOUT PREJUDICE for failure to exhaust state remedies.

4. A certificate of appealability is DENIED.

5. The Clerk of Court is directed to close the file.

DONE AND ORDERED this 27th day of May 2021.

 s/ M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE
§ 718.109 Deductions. ( a ) Any contiguous area which is not devoted to the crop being measured and which is not part of a skip-row pattern under § 718.108 shall be deducted from the acreage of the crop if such area meets the following minimum national standards or requirements: ( 1 ) A minimum width of 30 inches;
( 2 ) For tobacco—three-hundredths (.03) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width may be combined to meet the 0.03-acre minimum requirement; or
( 3 ) For all other crops and land uses—one-tenth (.10) acre. Turn areas, terraces, permanent irrigation and drainage ditches, sod waterways, non-cropland, and subdivision boundaries each of which is at least 30 inches in width and each of which contain 0.1 acre or more may be combined to meet any larger minimum prescribed for a State in accordance with this subpart.
( b ) If the area not devoted to the crop is located within the planted area, the part of any perimeter area that is more than 217.8 feet (33 links) in width will be considered to be an internal deduction if the standard deduction is used.
( c ) A standard deduction of 3 percent of the area devoted to a row crop and zero percent of the area devoted to a close-sown crop may be used in lieu of measuring the acreage of turn areas.
#### The People of the State of New York ex rel. Laurence Carroll, Relator, v. Ross E. Herold, as Superintendent of Dannemora State Hospital, Respondent.

Application to renew petition for writ of habeas corpus granted, and upon such renewal the court adheres to its prior decision (27 A D 2d 687). Since petitioner’s term of imprisonment has not expired, his detention at the hospital is not subject to review by habeas corpus *(People ex rel. Conover*v. *Herold,*24 A D 2d 773, mot. for lv. to app. den. 16 N Y 2d 488), *People ex rel. Brown*v. *Johnston*(9 N Y 2d 482) is not to the contrary, the statute involved having since been amended to afford petitioner a hearing upon the question of his sanity (L. 1962, ch. 393). Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.
#### § 52.46 Fee for appeal inspection.

The fee to be charged for an appeal inspection shall be at the rates prescribed in this part for other inspection services: *Provided,* That, if the result of any appeal inspection made for any applicant other than the United States or any agency or instrumentality thereof, discloses that a material error was made in the inspection on which the appeal is made, no inspection fee shall be assessed.
11 TH COURT OF APPEALS
EASTLAND , TEXAS
JUDGMENT

April Marie Martinez
, * From the 70th District Court of Ector County, Trial Court No. A

- 20

- 1211

- CR

.

Vs. No. 11

- 2 1

- 00 065

- CR * May 6 , 20 2 1

The State of Texas
, * Per Curiam Memorand um Opinion (P anel consists of: Bailey , C.J., Trotter, J., and Williams, J.)

This court has inspected the record in this cause and concludes that the appeal

should be dismissed. Therefore, in accordance with this court ’ s opi nion, the appeal

is dismissed

.
52.227-2 Notice and Assistance Regarding

Patent and Copyright Infringement.

As prescribed in 27.201-2(b), insert the following clause:

Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020)

(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail,

each notice or claim of patent or copyright infringement based on the performance of this contract

of which the Contractor has knowledge.

(b) In the event of any claim or suit against the Government on account of any alleged patent or

copyright infringement arising out of the performance of this contract or out of the use of any

supplies furnished or work or services performed under this contract, the Contractor shall furnish to

the Government, when requested by the Contracting Officer, all evidence and information in the

Contractor’s possession pertaining to such claim or suit. Such evidence and information shall be

furnished at the expense of the Government except where the Contractor has agreed to indemnify

the Government.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all

subcontracts that are expected to exceed the simplified acquisition threshold, as defined in Federal

Acquisition Regulation (FAR) 2.101 on the date of subcontract award.

(End of clause)

Parent topic: 52.227 [Reserved]
mnkd-ex1016_443.htm



Exhibit 10.16

MannKind Corporation

Board of Directors Compensation Program for Non-employee Directors

Adopted November 17, 2017

 


	
Type of Compensation
	
 
	
Amount

	
Annual Cash Retainer
	
 
	
$50,000 (cash)

	
Equity Vehicle
	
 
	
100% restricted stock unit

(Restricted stock units vest immediately, but shares will not be distributed until the director leaves the board.)

	
Annual Equity Grant
	
 
	
Intended equity value:  $150,000

(The number of shares will be determined using the then-current guideline price for employee equity awards.)

	
Initial Equity Grant
	
 
	
None.

	
Independent Chairman Annual Premium 
	
 
	
$32,500 (cash)

	
Committee Member Annual Compensation
	
 
	
Audit:  $10,000

Compensation:  $7,500

Nominating and Corporate Governance:  $5,000 

(cash)

	
Committee Chair Annual Premiums
	
 
	
Audit:  $15,000

Compensation:  $12,500

Nominating and Corporate Governance:  $5,000

(cash)
exv10w1





Exhibit
10.1



SECOND AMENDMENT TO LEASE AGREEMENT

BETWEEN JOSEPH V. FISHER, LLC (“LESSOR”) AND AMICAS, INC. f/k/a

VITALWORKS, INC. f/k/a INFOCURE CORPORATION (“LESSEE”)




     THIS SECOND AMENDMENT TO LEASE AGREEMENT (“Second Amendment”), dated this 27th
 day of February, 2009, by and among JOSEPH V. FISHER, LLC, a Florida Limited Liability
Corporation, manager of the Premises by assignment from the Owners, Joseph V. Fisher and Laverne B.
Fisher, jointly and severally (such owners and managers are hereinafter collectively referred to as
the “Lessor” and AMICAS, Inc., f/k/a Vital Works Inc., f/k/a InfoCure Corporation, a Delaware
corporation, (the “Lessee”) (collectively the “Parties”).



WITNESSETH:




     WHEREAS, the parties entered into a Lease Agreement dated March 13, 2001 (the “Lease”); which
Lease was amended by Addendum to Lease Agreement dated March 5, 2008 (“First Amendment”) for the
premises known as 325 Bill France Blvd., Daytona Beach, Florida consisting of approximately 35,655
square feet (“Premises”), and



     WHEREAS, Lessee hereby exercises its second option to extend the Lease, as amended, under the
following terms and conditions (“Second Option”).



     NOW THEREFORE, the Parties agree as follows:



     1. SECOND OPTION TERM: The Parties hereto agree that the term of the second
option to the Lease, as amended, shall be three (3) years commencing May 1, 2009 and terminating on
April 30, 2012 (“Termination Date”).



     2. RENT: The annual base rent for the first year of the second option term shall be
Three Hundred Six Thousand Dollars ($306,000) payable in equal monthly installments of Twenty Five
Thousand Five Hundred Dollars ($25,500)



          The annual base rent for the second year of the second option term shall be Three
Hundred Eighteen Thousand Dollars ($318,000) payable in equal monthly installments of Twenty Six
Thousand Five Hundred Dollars ($26,500).




          The annual base rent for the third year of the second option term shall be Three
Hundred
and Twenty Four Thousand Dollars ($324,000) payable in equal monthly installments of Twenty Seven
Thousand Dollars ($27,000).




     3. All the other terms and conditions of said Lease shall remain in full force and
effect.



     IN WITNESS WHEREOF, the parties hereto have duly executed this Second Amendment to the Lease
on the day and year first written above.



	 	 	 	 	 
	LESSEE:

	 	 	 	LESSOR:
	AMICAS, Inc.

	 	 	 	JOSEPH V. FISHER, LLC
	 
	 	 	 	 
	BY: /s/ Kevin Burns

	 	 	 	/s/ Joseph V. Fisher
	 

	 	 	 	 
	

Its: Senior Vice President & CFO

	 	 	 	Joseph V. Fisher, Managing Member
	 
	 	 	 	 
	RENEWAL AMICAS TWO 22009
July 18, 2012

By Email

Esta Rosenberg, Chief

U.S. Carrier Licensing Division

Department of Transportation

1200 New Jersey Ave., S.E.

Washington, D.C. 20590

Re: Spirit Airlines Application for an Exemption, DFW/SAN-SJD

(DOT-OST-2012-0122)

Dear Ms. Rosenberg,

Spirit Airlines has completed its poll of the U.S. carriers served with its application of 

July 16, 2012 for exemptions pursuant to 49 U.S.C. § 40109 for service between Dallas/Ft. 

Worth, Texas (DFW) and San Jose del Cabo, Mexico (SJD) and service between San Diego, 

California (SAN) and San Jose del Cabo, Mexico (SJD). 

Spirit received non-objections from each of the carriers served. We request expedited 

approval of our application.

Respectfully submitted,

 

David M. Kirstein 

cc: Service List
Exhibit 3.4


                       VININGS INVESTMENT PROPERTIES TRUST
                                  (the "Trust")

                               AMENDMENT TO BYLAWS


     On June 4, 2001,  the Board of Trustees of the Trust  amended the Bylaws of
the Trust by deleting  therefrom  ARTICLE V in its  entirety and  inserting  the
following in lieu thereof:

                                   "ARTICLE V

                          MEETINGS OF THE SHAREHOLDERS

          Annual   meetings  of  Shareholders   and  all  special   meetings  of
     Shareholders  shall be held at a place,  within or without the Commonwealth
     of  Massachusetts,  and at a  place  and on a day to be  designated  by the
     Trustees. The time, day and location of each such meeting shall be included
     in the notice of the meeting  delivered to  Shareholders in accordance with
     Section  6.7 of the  Declaration  of Trust.  If for any  reason  the annual
     meeting is not held on the date provided,  a subsequent meeting may be held
     in place  thereof,  and any business  transacted or elections  held at such
     annual  meeting  shall be as valid as if  transacted  or held at the annual
     meeting."
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER TO REINSTATE

Appellate case name: Bernice Yost Special Conservator for Georgia Cox v. James Fails

Appellate case number: 01-15-00773-CV

Trial court case number: 412,338

Trial court: Probate Court No. 3 of Harris County

The supplemental clerk’s record that complies with our Order of Abatement has been 

filed with the Clerk of this Court. Therefore, we order the appeal reinstated. 

It is so ORDERED.

Judge’s signature: /s/ Rebeca Huddle

Acting individually 

Date: November 8, 2016
#### § 501.9 Photographs for news, advertising, or commercial purposes.

Except where security regulations apply, or a Federal court order or rules prohibit it, photographs for news purposes may be taken in entrances, lobbies, foyers or auditoriums when used for public meetings without prior permission. Photographs for advertising and commercial purposes may be taken only with the prior written permission of the Director, Research Center. Photographs for news, advertising, or commercial purposes may be taken in space or areas occupied by a cooperator only with the consent of the cooperator concerned and the Director, Research Center.
52.222-38 Compliance with Veterans’

Employment Reporting Requirements.

As prescribed in 22.1310(c), insert the following provision:

Compliance with Veterans’ Employment Reporting Requirements (Feb 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of

38 U.S.C.4212(d)(i.e., if it has any contract containing Federal Acquisition Regulation clause

52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report

required by that clause.

(End of provision)

Parent topic: 52.222 [Reserved]
**SERVICER
        COMPLIANCE STATEMENT (Item 1123)**
  **GMAC
        Mortgage, LLC**
  **SACO
        06-8**
   The
        undersigned, a duly authorized officer of GMAC Mortgage, LLC, as servicer
        (the
“Servicer”) pursuant to the applicable servicing agreement, does hereby certify
        that:
  1.  A
        review of
        the Servicer’s activities during the period covered by the Issuing Entity’s
        report on Form 10-K and of the Servicer’s performance under the applicable
        servicing agreement has been made under my supervision.
  2.  To
        the best
        of my knowledge, based on such review, the Servicer has fulfilled all of
        its
        obligations under the applicable servicing agreement in all material respects
        throughout such period.
  IN
        WITNESS WHEREOF, the undersigned has duly executed this Certificate this
        6th day
        of March 2007.
    By:
              /s/
                Anthony N. RenziName:   
                Anthony N. RenziTital:     
                Executive Vice President






GMAC
              Mortgage, LLC
            www.gmacmortgage.com500
              Enterprise RoadHorsham,
              PA 19044
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

I, Jeffrey A. Leddy, Chief Executive Officer and President of SkyTerra Communications, Inc. (the
Company), hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | (1) | The Companys Quarterly Report on Form 10-Q for the quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ JEFFREY A. LEDDYName:

Jeffrey A. LeddyTitle:

Chief Executive Officer and President(Principal Executive Officer andPrincipal Financial Officer)Date:

November 9, 2006
52.236-2 Differing Site Conditions.

As prescribed in 36.502 , insert the following clause:

Differing Site Conditions (Apr 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to

the Contracting Officer of-

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated

in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those

ordinarily encountered and generally recognized as inhering in work of the character provided for in

the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice.

If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost

of, or the time required for, performing any part of the work under this contract, whether or not

changed as a result of the conditions, an equitable adjustment shall be made under this clause and

the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall

be allowed, unless the Contractor has given the written notice required; provided, that the time

prescribed in paragraph (a) of this clause for giving written notice may be extended by the

Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site

conditions shall be allowed if made after final payment under this contract.

(End of clause)

Parent topic: 52.236 [Reserved]
# 52.218 [Reserved]

**Parent topic:**Subpart 52.2 - Text of Provisions and Clauses