alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 718.5 Rule of fractions.

(a) Fractions shall be rounded after completion of the entire associated computation. All mathematical calculations shall be carried to two decimal places beyond the number of decimal places required by the regulations governing each program. In rounding, fractional digits of 49 or less beyond the required number of decimal places shall be dropped; if the fractional digits beyond the required number of decimal places are 50 or more, the figure at the last required decimal place shall be increased by “1” as follows:

| Required decimal | Computation | Result |
| --- | --- | --- |
| Whole numbers | 6.49 (or less) 6.50 (or more) | 6 7 |
| Tenths | 7.649 (or less) 7.650 (or more) | 7.6 7.7 |
| Hundredths | 8.8449 (or less) 8.8450 (or more) | 8.84 8.85 |
| Thousandths | 9.63449 (or less) 9.63450 (or more) | 9.634 9.635 |
| 0 thousandths | 10.993149 (or less) 10.993150 (or more) | 10.9931 10.9932 |

(b) The acreage of each field or subdivision computed for tobacco and CCC disaster assistance programs shall be recorded in acres and hundredths of an acre, dropping all thousandths of an acre. The acreage of each field or subdivision computed for crops, except tobacco, shall be recorded in acres and tenths of an acre, rounding all hundredths of an acre to the nearest tenth.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

JOHN LEO NORMAN,

Plaintiff,

v. CASE NO. 1:04-cv-005-MP-AK

SHERIFF OELRICH, et al, 

Defendants.

___________________________/

REPORT AND RECOMMENDATION

Plaintiff filed the original complaint in this action on January 14, 2004. (Doc. 1).

The case proceeded to the summary judgment stage with Defendants motion (doc. 42)

and Plaintiff’s response. (Doc. 82). This matter was fully briefed on October 3, 2005,

but since that time Plaintiff has submitted three changes of address (docs. 85, 87, 89),

and the last material mailed to him at his request was returned as undeliverable, no

forwarding address available. (Doc. 90). This last return was August 18, 2006, and

there has been no other information from Plaintiff as to his present address. 

A trial court has inherent power to dismiss a case sua sponte for failure to

prosecute. Link v. Wabash Railroad, 370 U.S. 626, 82 S. Ct. 1386, 8 L.Ed2d 734

(1962). Fed. R. Civ. P. 41(b) also authorizes a district court to dismiss an action for

failure to obey a court order. Plaintiff has not advised the Court of his current address. 

Thus, there is no way for the Court to communicate with Plaintiff about the prosecution

of his case. Consequently, this case should be dismissed.
Page 2 of 2

Case No: 1:06-cv-00129-MP-AK

Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED

without prejudice.

IN CHAMBERS at Gainesville, Florida, this 26th day of September, 2006.

s/ A. KORNBLUM 

ALLAN KORNBLUM

 UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 15 days after being served with a copy of this report and

recommendation. A party may respond to another party’s objections within 10 days after

being served with a copy thereof. Failure to file specific objections limits the scope of

review of proposed factual findings and recommendations.
§ 66.304 Access to records. ( a ) *Request for records.* When AMS makes a request for records, the entity must provide the records to AMS within five (5) business days, unless AMS extends the deadline.
( b ) *On-site access.* If AMS needs to access the records at the entity's place of business, AMS will provide prior notice of at least three (3) business days. AMS will examine the records during normal business hours, and the records will be made available during those times. Access to any necessary facilities for an examination of the records must be extended to AMS.
( c ) *Failure to provide access.* If the entity fails to provide access to the records as required under this section, the result of the audit or examination of records will be that the entity did not comply with the requirement to provide access to records and that AMS could not confirm whether the entity is in compliance with the bioengineered food disclosure standard for purposes of § 66.402.
##### 



Exhibit 10.7
 LICENSE
AGREEMENT
BETWEEN
 OSCAR DE LA RENTA, LTD.
 AND
 THE FASHION HOUSE INC.




---



##### 



LICENSE AGREEMENT
      Definitions.




---



##### 



l
        Grant of License.
 Exclusive License.




---



##### 



Right of First Refusal for LICENSED MARK.
 Rights Concerning Licensor Signature Collection.
 Limitations on Rights Granted.




---



##### 



provided,
  provided,
 Other Duties of LICENSEE.




---



##### 








---



##### 



Term of License.
 Term.
 Renewal Term.
 First Renewal Term.
    Second Renewal Term.




---



##### 



Designs/Product Development.
 Designs/Design Approval.
 provided,




---



##### 



Manufacture of Articles.
 Quality of Articles.
 Inspection.
 Distribution.
 Authorization of Sales Points.




---



##### 



Plan of Distribution.
 Minimum Retail Pricinq.
 Sales Minimums.
 LICENSED
 Advertising.
 General.
 Advertising Plan.




---



##### 



Corporate and Image Advertisinq.
 Advertising Materials.




---



##### 



Reimbursement of Costs.
 Accounting for Advertising.
 Samples.
 Sales to LICENSOR.
 Sales to LICENSOR-Owned Stores.




---



##### 



Royalty Payments.
 Royalties.
  Minimum Payments.
    YEAR as




---



##### 








---



##### 



Timing of Payments.
 Late Payment.
  Currency.




---



##### 



Royalty Accounting and Reporting.
 Statements.
 Certification of Reports.
 No Waiver.
 Other Information.
 Books and Records.




---



##### 



Indemnification.
 Indemnification by Licensee.
 Indemnification by Licensor.




---



##### 



Insurance.
 Insurance Policy.
 Evidence of Insurance.
 Rights and Obligations with Respect to Trademark, other Intangible Property
Image and Likeness of Mr. Oscar de la Renta.
 Title in LICENSED MARK and Design Specifications.




---



##### 



Use of LICENSED MARK. provided,
 Restrictions on Use of LICENSED MARK.
 Applications and Registered User Agreements.




---



##### 



Copyrights.
 Infringements.
  Legends, Markings, and Notices.
 Image or Likeness or Statements Regarding Mr. Oscar de la Renta.




---



##### 



Termination.
 Default/Non-Use. supra,
  Bankruptcy/Insolvency.




---



##### 



Change of Business.
  Effect of Termination.
 Reversion of Rights.




---



##### 



Minimum Royalty/Advertising Deficiencies.
  Inventory.




---



##### 



No Rights for Others.
 Competitive Licenses and Non-Disclosure.
 Proprietary Materials.
 Relationship of Parties.




---



##### 



Payment of Taxes and Duties.
  Notices.
   
  
 Waiver.
  Complete Agreement.
  Headings.




---



##### 



Copies and Interpretation.
  Divisibility.
  Brokerage Fees.
  Jurisdiction.
 .




---



##### 



OSCAR DE LA RENTA, LTD.By:Name:Title:
  
 THE FASHION HOUSE INC.By:Name:Title:




---



##### 








---



##### 








---



##### 








---



##### 



Distribution for ARTICLES bearing the 0 Oscar LICENSED MARK
 
 Distribution for ARTICLES bearing the Oscar by Oscar de la Renta LICENSED MARK
 
 Catalog Distribution for ARTICLES bearing the LICENSED MARK
 
 Internet Portals for ARTICLES bearing the LICENSED MARK
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In
connection with the Quarterly Report of Novell, Inc., a Delaware corporation (the Company), on Form 10-Q for the period ended July 31, 2009, as filed with the Securities and Exchange Commission (the Report), Dana C.
Russell, Senior Vice President and Chief Financial Officer of the Company, does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; 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/ Dana C.
Russell                              
|Dana C. Russell                                  
|Senior Vice President and Chief Financial Officer

Date: September 4, 2009
EX-10.1




29


Exhibit 10.1




Summary of Compensation Arrangements (or Amendments thereto)

of Named Executive Officers and Directors



Compensation Arrangements (or Amendments thereto) of those individuals identified in the Company’s
2009 Proxy Statement (the “Proxy Statement”) as the Company’s Named Executive Officers
(collectively, the “Named Executive Officers”).




Base Salary:



David J. Nasca’s base salary for fiscal 2009 was set at $242,650 pursuant to his employment
agreement with Evans Bancorp, Inc. and Evans National Bank (filed as Exhibit 10.1 to the Company’s
Current Report on Form 8-K, as filed on December 7, 2006).



Gary A. Kajtoch’s base salary for fiscal 2009 was set at $161,400 pursuant to his employment
agreement with Evans National Bank (filed as Exhibit 10.1 of the Company’s Current Report on Form
8-K, as filed on April 23, 2007).



William R. Glass’s base salary for fiscal 2009 was set at $192,900 pursuant to his employment
agreement with Evans National Bank (filed as Exhibit 10.3 of the Company’s Form 10-K for the fiscal
year ended December 31, 1997 as filed on March 30, 1998).



Robert G. Miller’s base salary for fiscal 2009 is $219,600 pursuant to his employment agreement
with ENB Insurance Agency, Inc. (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K,
as filed on February 26, 2007).



In addition to base salaries, the Named Executive Officers are eligible to receive options and
other equity awards granted pursuant to the Company’s 2009 Long-Term Equity Incentive Plan and cash
bonuses under the Evans Excels Plan.




Bonuses:



As previously reported in the Proxy Statement, the Human Resource Committee did not approve any
bonus payments to the Company’s Named Executive Officers for performance in fiscal 2008 under the
Evans Excels Plan.
Exhibit 99.1



                              OFFICER'S CERTIFICATE


      This Officer's Certificate is furnished pursuant to Section 4.10 of that
certain Sale and Servicing Agreement dated as of September 1, 2006, among BMW
Financial Services NA, LLC, as Seller, Servicer, Administrator and Custodian,
Deutsche Bank Trust Company Americas, as Indenture Trustee, BMW FS Securities
LLC, as Depositor, and the BMW Vehicle Owner Trust 2006-A as Issuer (the "Sale
and Servicing Agreement") (all capitalized terms used herein without definition
have the respective meanings specified in the Sale and Servicing Agreement).

THE UNDERSIGNED HEREBY CERTIFIES THAT:

1.    I am a duly authorized officer of the Servicer;

2.    I have reviewed the terms of the Sale and Servicing Agreement and I have
      made, or have caused to be made under my supervision, a detailed review of
      the transactions and conditions of the Servicer and the performance of its
      obligations there under during the period from January 1, 2007 to December
      31, 2007;

3.    To my knowledge, based on the review described in paragraph 2, the
      Servicer has fulfilled all its obligations under the Sale and Servicing
      Agreement, during the period from January 1, 2007 to December 31, 2007,
      except as set forth below.



      Described below are the exceptions, if any, to paragraph 3 by listing, in
detail, the nature of the condition or event, the period during which it has
existed and the action which the Servicer has taken, is taking, or proposes to
take with respect to each such condition or event: NONE


      IN WITNESS WHEREOF, I have affixed hereunto set my hand this 31st day of
March, 2008.

By:     BMW Financial Services NA, LLC

By:       /s/  Kerstin Zerbst
       ----------------------------------------------
       Kerstin Zerbst

Title: CFO
COURTROOM DEPUTY’S MINUTES MIDDLE DISTRICT OF ALABAMA

----------------------------------------------------------------------------------------------------------------------

/INITIAL APPEARANCE DATE: February 21, 2007

 BOND HEARING

 DETENTION HEARING Digital Recording 2:40 - 3:00

 PRELIMINARY (EXAMINATION)(HEARING)

 REMOVAL HEARING (R.40)

/ARRAIGNMENT

----------------------------------------------------------------------------------------------------------------------

PRESIDING MAG. JUDGE: Susan Russ Walker DEPUTY CLERK: Joyce Taylor

CASE NO. 2:06cr169-WHA DEFENDANT NAME: James Calvin Talley

AUSA: Clark Morris DEFT. ATTY: Richard Keith

Type Counsel: ( )Retained; (/ ) CJA; ( ) Waived; ( ) FPD

USPO/USPTS: Jason Dillon

Interpreter needed: ( / ) NO; ( )YES Name:

____________________________________________________________________________

/ Date of Arrest February 20, 2007 or  Arrest Rule 40

/ Deft First Appearance. Advised of rights/charges.  Prob/Sup Rel Violator

/ Financial Affidavit executed. ORAL MOTION for appointment of Counsel.

/ ORAL ORDER appointing CJA Panel Attorney Richard Keith - Notice of

Appearance to be filed

 Panel Attorney Appointed;  to be appointed - prepare voucher

 Deft. Advises he will retain counsel. Has retained _____________________

/  Government’s ORAL Motion for Detention Hrg.  to be followed by written

motion; / Government’s WRITTEN Motion for Detention Hrg. filed

/ Detention Hearing set for March 1, 2007 @ 1:00 p.m.

 ORDER OF TEMPORARY DETENTION PENDING HEARING to be entered

 ORDER OF DETENTION HEARING PENDING TRIAL to be entered

 Release order entered. Deft advised of conditions of release

  BOND EXECUTED (M/D AL charges) $. Deft released

 BOND EXECUTED (R. 40) - deft to report to originating district as ordered

 Bond not executed. Defendant to remain in Marshal’s custody

 Deft. ORDERED REMOVED to originating district

 Waiver of  preliminary hearing;  Waiver Rule 40 hearing

 Court finds PROBABLE CAUSE. Defendant bound over to the Grand Jury

/ ARRAIGNMENT - Plea of NOT GUILTY entered. 

DISCOVERY DISCLOSURE DATE: March 2, 2007

/ CRIMINAL TERM: June 4, 2007

 NOTICE to retained Criminal Defense Attorney handed to counsel

Case 2:06-cr-00169-WKW-SRW Document 58 Filed 02/21/2007 Page 1 of 1
Exhibit 32

                            CERTIFICATION PURSUANT TO
                            18 U. S. C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         This  certification  is intended to accompany the  Quarterly  Report on
Form 10-Q of Berkshire  Bancorp Inc. (the  "Company")  for the period ended June
30, 2007, as filed with the Securities and Exchange  Commission  (the "Report"),
and is given solely for the purpose of satisfying the  requirements of 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002. The undersigned, in my capacity as set forth below, hereby certifies 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  results  of
               operations of the Company.

                                          /s/ Steven Rosenberg
                                          ----------------------------------
                                          Steven Rosenberg,
                                          Chief Executive Officer, President
                                          and Chief Financial Officer

                                          August 2, 2007
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                            18 U. S. C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         This  certification  is intended to accompany the  Quarterly  Report on
Form 10-Q of Berkshire  Bancorp Inc. (the  "Company")  for the period ended June
30, 2008, as filed with the Securities and Exchange  Commission  (the "Report"),
and is given solely for the purpose of satisfying the  requirements of 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002. The undersigned, in my capacity as set forth below, hereby certifies 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  results  of
               operations of the Company.

Date: August 11, 2008

                                              /s/ Steven Rosenberg
                                              ----------------------------------
                                              Steven Rosenberg
                                              Chief Executive Officer, President
                                              and Chief Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold its second field hearing to examine the municipal securities markets on Tuesday, December 7, 2010 at 9 a.m.

The hearing will include panel discussions focusing on market stability and liquidity, investor impact, self-regulation, accounting and Build America Bonds.

                    The panel discussion and presentations will take place in the Auditorium of the Commission's headquarters at 100 F Street, NE., Washington, DC and will be open to the public with seating on a first-come, first-served basis. Visitors will be subject to security checks. The hearing also will be webcast live at                     *http://www.sec.gov.*

For further information, please contact the Office of the Secretary at (202) 551-5400.

Dated: November 29, 2010.

Elizabeth M. Murphy, 

Secretary.

[FR Doc. 2010-30321 Filed 11-30-10; 11:15 am]

BILLING CODE 8011-01-P
EXHIBIT 35.2
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                               GMAC MORTGAGE, LLC
              RFMSI SERIES 2006-S9 TRUST (THE "ISSUING ENTITY")

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 26th
day of March 2007.

By:      /s/ Anthony N. Renzi
      ------------------------
      Name:  Anthony N. Renzi
      Title: Executive Vice President
52.247-61 F.o.b. Origin-Minimum Size of Shipments.       As prescribed in 47.305-16(c), insert the following clause in solicitations and contracts when volume rates may apply:          F.o.b. Origin-Minimum Size of Shipments (Apr 1984)          The Contractor agrees that shipment will be made in carload and truckload lots when the quantity to be delivered to any one destination in any delivery period pursuant to the contract schedule of deliveries is sufficient to constitute a carload or truckload shipment, except as may otherwise be permitted or directed in writing by the Contracting Officer. The agreed weight of a carload or truckload will be the highest applicable minimum weight which will result in the lowest freight rate (or per car charge) on file or published in common carrier tariffs or tenders as of date of shipment. In the event the total weight of any scheduled quantity to a destination is less than the highest carload/truckload minimum weight, the Contractor agrees to ship such scheduled quantity in one shipment. The Contractor shall be liable to the Government for any increased costs to the Government resulting from failure to comply with the above requirements. This liability shall not attach if supplies are outsized or of such nature that they cannot be loaded at the highest minimum weight bracket.          (End of clause)    **Parent topic:** 52.247 [Reserved]
Presidential Documents

Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Presidential Documents 75853 

Presidential Determination No. 2011–03 of October 15, 2010 

Provision of U.S. Drug Interdiction Assistance to the Government of Brazil 

Memorandum for the Secretary of State [and] the Secretary of Defense 

Pursuant to the authority vested in me by section 1012 of the National 

Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C. 

2291–4), I hereby certify, with respect to Brazil, that (1) interdiction of 

aircraft reasonably suspected to be primarily engaged in illicit drug trafficking 

in that country’s airspace is necessary because of the extraordinary threat 

posed by illicit drug trafficking to the national security of that country; 

and (2) that country has appropriate procedures in place to protect against 

innocent loss of life in the air and on the ground in connection with 

such interdiction, which shall at a minimum include effective means to 

identify and warn an aircraft before the use of force is directed against 

the aircraft. 

The Secretary of State is authorized and directed to publish this determination in the Federal Register and to notify the Congress of this determination. 

THE WHITE HOUSE, 

Washington, October 15, 2010 

[FR Doc. 2010–30827 

Filed 12–6–10; 8:45 am] 

Billing code 4710–10–P 


wwoods2 on DSK1DXX6B1PROD with PRESDOCSOB#1.EPS</GPH>