alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MICHAEL D. HOPE, II,

Petitioner,

vs. CASE NO. 3:03cv524-RS

JAMES V. CROSBY,

Respondent.

___________________________________________/

ORDER

Before the court is the magistrate judge’s Report and Recommendation (Doc.

16). Petitioner has not filed objections.

IT IS ORDERED:

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

incorporated by reference in this Order.

2. Petitioner’s Petition for Writ of Habeas Corpus is denied.

3. The clerk is directed to close the file.

 ORDERED on February 7, 2006.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE

Case 3:03-cv-00524-RS-EMT Document 17 Filed 02/07/06 Page 1 of 1
37.114 Special acquisition requirements.       Contracts for services which require the contractor to provide advice, opinions, recommendations, ideas, reports, analyses, or other work products have the potential for influencing the authority, accountability, and responsibilities of Government officials. These contracts require special management attention to ensure that they do not result in performance of inherently governmental functions by the contractor and that Government officials properly exercise their authority. Agencies must ensure that-                                       (a) 						            A sufficient number of qualified Government employees are assigned to oversee contractor activities, especially those that involve support of Government policy or decision making. During performance of service contracts, the functions being performed shall not be changed or expanded to become inherently governmental.                                          (b) 						            A greater scrutiny and an appropriate enhanced degree of management oversight is exercised when contracting for functions that are not inherently governmental but closely support the performance of inherently governmental functions (see 7.503(c)).                                          (c) 						            All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.    **Parent topic:** Subpart 37.1 - Service Contracts-General
EXHIBIT 31.1
**Section 302 Certification of Principal Executive Officer**
I, William J. Gervais, certify that:
1. I have reviewed this quarterly report on Form 10-Q of QualstarCorporation; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared; (b) [Paragraph (b) is omitted pursuant to SEC Release Nos. 33-8238 and34-47986] (c) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and (d) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.   Date: May 10, 2004   /S/ William J. Gervais  William J. Gervais, Chief Executive Officer
19
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

June 26, 2006 Clifford W. Taylor,

 Chief Justice 

130410 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 130410 

 COA: 257164 

Oakland CC: 03-192493-FH 

KAZEEM OMOTOSHO ADISA,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the December 20, 2005 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p0619 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 26, 2006 

Clerk
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, William A. Owen, certify that:

 

1. I have reviewed this quarterly reporton Form 10-Q of Outdoor Channel Holdings, Inc.;

 

2. Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, the financialstatements and other financial information included in this report fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4. The registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a) Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b) Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c) Disclosedin this report any change in the registrant’s internal control over financialreporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5. The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent functions):

 

(a) Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b) Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Date: November 14, 2005 | /s/ William A. Owen                          |   |
|------------------------------|----------------------------------------------|--------|
| ** **                   | **William A. Owen**, Chief Financial Officer |

 

----
II 

109TH CONGRESS 

2D SESSION S. 3002 

To suspend temporarily the duty on a mixture of barium carbonate, strontium 

carbonate, calcium carbonate, methoxy-2-propananolacetate-1, for use as 

emitter suspension cathode coating. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2006 

Mr. REID (for Mr. ROCKEFELLER) introduced the following bill; which was 

read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on a mixture of barium 

carbonate, strontium carbonate, calcium carbonate, 

methoxy-2-propananolacetate-1, for use as emitter suspension cathode coating. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ycherry on PROD1PC64 with BILLS
2 

•S 3002 IS 

1 SECTION 1. MIXTURE OF BARIUM CARBONATE, STRONTIUM 

2 CARBONATE, CALCIUM CARBONATE, 

3 METHOXY-2-PROPANANOLACETATE-1, FOR 

4 USE AS EMITTER SUSPENSION CATHODE 

5 COATING. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 

‘‘ 9902.38.40 A mixture of barium carbonate, strontium carbonate, 

calcium carbonate, methoxy2-propananolacetate-1, for 

use as emitter suspension 

cathode coating (CAS Nos. 

513–77–9, 108–65–6, 1833– 

05–2, and 471–34–1) (provided for in subheading 

3824.90.91) ......................... Free No change No change On or before 

12/31/2009 ’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) applies to articles entered, or withdrawn 

12 from warehouse for consumption, on or after the 15th day 

13 after the date of the enactment of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS
52.236-23 Responsibility of the Architect-Engineer Contractor.       As prescribed in 36.609-2(b), insert the following clause:          Responsibility of the Architect-Engineer Contractor (Apr 1984)                                       (a) 						            The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.                                          (b) 						            Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.                                          (c) 						            The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.                                          (d) 						            If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.                                 (End of clause)    **Parent topic:** 52.236 [Reserved]
#### §§ 766.359-766.400 [Reserved]
II 

109TH CONGRESS 

2D SESSION S. 2907 

To extend temporarily the suspension of duty on asulam sodium salt. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2006 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on asulam 

sodium salt. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ASULAM SODIUM SALT. 

4 (a) IN GENERAL.—Heading 9902.02.87 of the Har5 monized Tariff Schedule of the United States (relating to 

6 asulam sodium salt) is amended by striking ‘‘12/31/2006’’ 

7 and inserting ‘‘12/31/2009’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


dsatterwhite on PROD1PC76 with BILLS
2 

•S 2907 IS 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ 


dsatterwhite on PROD1PC76 with BILLS
52.232-1 Payments.

As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to

payment due date in accordance with agency regulations, in solicitations and contracts when a fixedprice supply contract, a fixed-price service contract, or a contract for nonregulated communication

services is contemplated:

Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the

prices stipulated in this contract for supplies delivered and accepted or services rendered and

accepted, less any deductions provided in this contract. Unless otherwise specified in this contract,

payment shall be made on partial deliveries accepted by the Government if-

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent

of the total contract price.

(End of clause)

Parent topic: 52.232 [Reserved]
52.223-2 Affirmative Procurement of

Biobased Products Under Service and

Construction Contracts.

As prescribed in 23.406(b), insert the following clause:

Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept

2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products

that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance

schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement

requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related

missions.

(b) Information about this requirement and these products is available at

http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and

dollar value of any USDA-designated biobased products purchased by the Contractor during the

previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

Parent topic: 52.223 [Reserved]
Case 3:06-cv-00622-WKW-SRW Document 4 Filed 07/27/2006 Page 1 of 1
Exhibit








Exhibit 10.40
SEVENTH AMENDMENT
TO THE
ALBEMARLE CORPORATION
EXECUTIVE DEFERRED COMPENSATION PLAN


In accordance with Section 12.1 of the Albemarle Corporation Executive Deferred Compensation Plan, as Amended and Restated Effective January 1, 2013 (the "Plan"), the Plan is hereby amended as follows:
1.Section 3.1(c)(ii) of the Plan is amended to read as follows:
"(ii)  Employees not otherwise eligible to participate in the Plan shall be eligible if they otherwise qualify as "highly compensated or management employees" and the Company (or, for allocations pursuant to Section 4.2(g), the Company's Vice President, Total Rewards) designates them to receive an Employer allocation or a discretionary allocation under the Plan."
2.Section 4.2 shall be amended to add a new paragraph (g) to read as follows: 
"(g)  Special Allocations.  The Company's Vice President, Total Rewards may, from time to time, designate certain Participants to receive additional credits under the Plan; the amount(s) and timing of such additional credits shall also be set by the Vice President, Total Rewards. Unless the Vice President, Total Rewards, determines otherwise, a Participant's right to receive additional credits under this paragraph (g) in one year shall create no right to a credit an any subsequent year, nor shall the right of one Participant to receive an additional credit under this paragraph (g) create a similar right with respect to any other Participant. Additional credits granted under this paragraph (g) shall be immediately 100% vested upon grant and shall be credited to the Participant's Retirement/Termination Account A under the Plan."
3.The provisions of this Seventh Amendment shall be effective as of November 9, 2016.
IN WITNESS WHEREOF, the Corporation by its duly authorized officer has caused these presents to be signed this 9th day of November, 2017.
ALBEMARLE CORPORATION
	
		
	By:
	/s/ Karen G. Narwold
Exhibit
      31.2


**CERTIFICATION**





I,
      Jack
      DeFranco, Chief Operating Officer (principal financial officer), certify
      that:





1.
      I have
      reviewed this quarterly report on Form 10-QSB/A of IMCOR Pharmaceutical Co.
      (f/k/a Photogen Technologies, 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;








/s/
      Jack DeFranco


Jack
      DeFranco


Chief
      Operating Officer (Principal Financial Officer)





Date:
      July 21, 2005
#### Dean M. Hogan, Respondent, v Jeannie Baker, Appellant.

[815 NYS2d 245]

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated April 8, 2003, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff’s decedent was walking on the defendant’s unpaved driveway when one of the rocks in the driveway caused her to fall. The defendant allegedly placed rocks in the driveway several years before the accident, to serve as the base of the driveway before it was paved, but never paved the driveway.

The defendant failed to establish her prima facie entitlement to summary judgment since she did not show that she met her duty as a property owner to maintain her premises in a reasonably safe manner *(see Basso v Miller,*40 NY2d 233 [1976]; *Tulovic v Chase Manhattan Bank,*309 AD2d 923 [2003]). Additionally, the alleged open and obvious nature of the condition only raised a triable issue of fact as to the comparative fault of the plaintiff’s decedent *(see Cupo v Karfunkel,*1 AD3d 48 [2003]). Florio, J.P., Krausman, Goldstein and Lifson, JJ., concur.
225.7018-4 Nonavailability determination.       (a) *Individual nonavailability determinations*.          (1) The head of the contracting activity is authorized to make a nonavailability determination described in                 225.7018-3             (d) on an individual basis (i.e., applies to only one contract).          (2) The supporting documentation for the determination shall include an analysis and written certification by the requiring activity that describes, with specificity, why alternatives that would not require a nonavailability determination are unacceptable. The template for an individual nonavailability determination is available at PGI              225.7018-4(a)(2).          (3) Provide to USD(A&S) DASD (Industrial Policy), in accordance with the procedures at PGI                 225.7018-4             (a)(4)—          (i) A copy of individual nonavailability determinations with supporting documentation; and          (ii) Notification when individual nonavailability determinations are requested, but denied.          (b) *Class nonavailability determinations*. A class nonavailability determination (i.e., a nonavailability determinations that applies to more than one contract) requires the approval of the USD(A&S). Follow the procedures at PGI 225.7018-4 (b) when submitting a request for a class nonavailability determination.          (1) At least 30 days before making a nonavailability determination that would apply to more than one contract, the USD(A&S) will, to the maximum extent practicable, and in a manner consistent with the protection of national security and confidential business information—          (i) Publish a notice in the GPE (https://www.sam.gov) of the intent to make the nonavailability determination; and          (ii) Solicit information relevant to such notice from interested parties, including producers of mill products from covered materials.          (2) The USD(A&S)—          (i) Will take into consideration all information submitted in response to the notice in making a class nonavailability determination;          (ii) May consider other relevant information that cannot be made part of the public record consistent with the protection of national security information and confidential business information; and          (iii) Will ensure that any such nonavailability determination and the rationale for the determination are made publicly available to the maximum extent consistent with the protection of national security and confidential business information.    **Parent topic:** 225.7018 Restriction on acquisition of certain magnets, tantalum, and tungsten.
CERTIFICATIONI, Lawrence E. Kreider, Jr., Chief Financial Officer of Cedar Shopping Centers, Inc. (the“Company”), pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify asfollows:1. The Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2010 fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and2. The information contained in such Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of the Company.IN WITNESSWHEREOF, I have executed this Certification this 8th day of November, 2010.        /s/ LAWRENCE E. KREIDER, JR.   Lawrence E. Kreider, Jr., Chief Financial Officer