alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>



                                                                   EXHIBIT 10.1

                             AMENDMENT NO. 1 TO THE
                DEFERRED COMPENSATION PLAN OF THE BERKSHIRE BANK

         WHEREAS, The Berkshire Bank (the "Bank") sponsors and maintains the
Deferred Compensation Plan of The Berkshire Bank (the "Plan"); and

         WHEREAS, the Bank deems it appropriate to amend the Plan's method of
calculating bookkeeping earnings on accounts under the Plan; and

         WHEREAS, Article VII of the Plan reserves to the Board of Directors of
the Company the right to amend the Plan at any time and from time to time.

         NOW, THEREFORE, the Plan is hereby amended, effective as of July 1,
2006, as follows:

                                      FIRST

         Section 2.9 of the Plan shall be amended in its entirety to read as
follows:

"2.9 'Earnings Rate' means, with respect to a particular Valuation Date or the
day preceding the payment date, as applicable, the highest deposit rate paid by
the Company on its generally available interest bearing accounts (not time
deposits) on the prior Valuation Date."

                                     SECOND

         Section 2.15 of the Plan shall be amended in its entirety to read as
follows:

"2.15 'Valuation Date' means June 30th and December 31st of each Plan Year."

                                      THIRD

         Section 4.3 of the Plan shall be amended in its entirety to read as
follows:

"4.3 'Earnings on Accounts'. As of each Valuation Date beginning with the
Valuation Date December 31, 2006, each Participant's Deferred Compensation
Account shall be credited with the applicable Earnings Rate. In the event that
all or a portion of a Participant's Deferred Compensation Account becomes
payable on a day other than a Valuation Date, on the day preceding the payment
date, the Participant's Deferred Compensation Account shall be credited with the
applicable Earnings Rate. If an amount has been credited to a Participant's
Deferred Compensation Account for less than one year, the applicable Earnings
Rate shall be prorated accordingly. Each Participant shall be notified annually
in writing of the balance in his or her Deferred Compensation Account. The
Administrator's determination shall be final and binding with respect to the
valuation of Deferred Compensation Accounts."

                                     FOURTH

         Except as amended herein, the Plan shall continue in full force and
effect.

         IN WITNESS WHEREOF, the undersigned being duly authorized, has executed
this Amendment as evidence of its adoption.


                                            THE BERKSHIRE BANK


Date: August 17, 2006                 Name: /s/ David Lukens
                                            ----------------------------
                                            David Lukens
                                            Executive Vice President and
                                            Chief Financial Officer





                                       43
UNITED STATES DISTRICT COURT

M IDDLE DISTRICT OF ALABA M A

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

December 27, 2006

NOTICE OF NON-COMPLIANCE

To: ALL COUNSEL OF RECORD

Case Style: Betty J. Adams et al v. Pactiv Corporation et al

Case Number: 2:06cv660-LES-CSC

Referenced Pleading: Motion to Dismiss ; Brief and Support; and Answer

Docket Entry Number: #12, #13, and #14

The referenced pleadings electronically filed on 12/22/06 were filed in error. These pleadings

should have been filed in the Lead Case: 2:06cv83-LES.

These pleading are hereby STRICKEN from the record and the parties are instructed to

disregard the entry of these pleadings on the court’s docket.

Case 2:06-cv-00660-LES-CSC Document 15 Filed 12/27/2006 Page 1 of 1
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 9, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134816(28) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 134816 

 COA: 277654 
 Wayne CC: 02-004819-02

RANDY LYNN TINCHER, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s May 29, 2008 

order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

d0828 

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. 

September 9, 2008 

 Clerk
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

 _______________________________

JAMES PETTY, #124 252 *

Plaintiff, *

v. * 2:06-CV-639-WKW

RAY B. FINEDOR, et al., *

Defendants. *

 _______________________________

ORDER

Upon consideration of Defendant Hardy’s response/answer filed September 11, 2006,

and for good cause, it is 

ORDERED that on or before October 12, 2006 Defendant Hardy file a written report

to Plaintiff’s complaint in compliance with the court’s July 20, 2006 order of procedure. The

written report must contain the sworn statements of all persons having personal

knowledge of the subject matter of the complaint. All defenses including immunity

defenses must be set forth in the written report or such defenses may be waived.

Authorization is hereby granted to interview all witnesses, including Plaintiff. Whenever

relevant, copies of medical and/or psychiatric records shall be attached to the written report.

Where Plaintiff's claim or Defendants' defenses relate to or involve the application of

administrative rules, regulations or guidelines, the written report shall include copies of all

such applicable administrative rules, regulations or guidelines. In addressing the claims

Case 2:06-cv-00639-WKW-TFM Document 16 Filed 09/13/2006 Page 1 of 2
2

presented by Plaintiff, Defendant shall furnish copies of all documents, records and

regulations relevant to Plaintiff’s claims for relief.

Done, this 13 day of September 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE 

Case 2:06-cv-00639-WKW-TFM Document 16 Filed 09/13/2006 Page 2 of 2
Case 3:06-cv-00641-WKW-TFM Document 4 Filed 08/08/2006 Page 1 of 1
###### Editorial Note on Subchapter A of Chapter VIII

#### Authority:

7 U.S.C. 71-87K, 1621-1627.

###### Editorial Note on Subchapter A of Chapter VIII

#### Editorial Note:

Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

#### § 800.72 Explanation of additional service fees for services performed in the United States only.

(a) When transportation of the service representative to the service location (at other than a specified duty point) is more than 25 miles from an FGIS office, the actual transportation cost in addition to the applicable hourly rate for each service representative will be assessed from the FGIS office to the service point and return. When commercial modes of transportation (e.g., airplanes) are required, the actual expense incurred for the round-trip travel will be assessed. When services are provided to more than one applicant, the travel and other related charges will be prorated between applicants.

(b) In addition to a 2-hour minimum charge for service on Saturdays, Sundays, and holidays, an additional charge will be assessed when the revenue from the services in § 800.71(a)(1), schedule A, table 2, does not equal or exceed what would have been collected at the applicable hourly rate. The additional charge will be the difference between the actual unit fee revenue and the hourly fee revenue. Hours accrued for travel and standby time shall apply in determining the hours for the minimum fee.

[61 FR 43305, Aug. 22, 1996, as amended at 81 FR 49862, July 29, 2016]

###### Editorial Note

#### Editorial Note:

At 89 FR 48265, June 6, 2024, § 800.72(b) was stayed indefinitely.
EXHIBIT “A”

 

TO: Infinity Insurance Group 

 c/o Custodian of Records 

 3700 Colonnade Parkway 

 Birmingham, AL 35243 

RE: James David Finney 

 Date of Birth: 3/17/1970 

 Policy Number: 008157356-00 

 Claim Number: 10000073696 

 

1. Without limitation as to time period, a certified copy of your complete file for 

above referenced party. This subpoena includes all documents of every nature 

contained in your file for the party, including, but not limited to, all records; 

investigations, photos, including correspondence with any outside parties; and all 

documents and records of every nature maintained in any file on the abovereferenced party. 

2. If you anticipate that the copying costs will exceed $100 for the requested 

documents, please call 334-956-7633 to obtain verification prior to copying. 

3. You should not exclude any item from this production request without first 

contacting the attorney issuing the subpoena or obtaining leave of court from the 

judge assigned to this action. 

Please Forward Documents To: 

Charles A. Stewart III 

c/o Debra Coy, Legal Assistant 

Bradley, Arant, Rose & White, LLP 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

(334) 956-7700

Case 3:06-cv-00622-WKW-SRW Document 47-3 Filed 02/19/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

v. CASE NO.: 4:01cr29-SPM

WILLIE CALVIN DAVIS

 /

ORDER DENYING MOTION TO REDUCE SENTENCE

This cause comes before the court upon cefendant’s motion to reduce sentence

under the Fair Sentencing Act, the retroactive crack cocaine amendment (Amendment

750) and 18 U.S.C. § 3582(c). (Doc. 169).

Upon review, the court finds that defendant is not entitled to a sentence reduction

because application of the guideline amendment results in no change to his sentencing

range. Although defendant’s base offense level was lowered pursuant to Amendment 750,

defendant is subject to career offender penalties following a sentencing reduction pursuant

to Amendment 706. Accordingly, he is not eligible for a reduction in sentence, as his

guideline range was not lowered by this amendment. United States v. White, 479 Fed.

Appx. 944, 946 (11th Cir. 2012) (“Amendment 750 lowered the base offense levels for

crack possession offenses, but did not affect the career offender guideline calculations.

Thus, because [the defendant] was sentenced under the career offender guideline

calculations, Amendment 750 did not lower [the defendant’s] applicable sentencing range

and did not grant the district court jurisdiction to modify [the defendant’s] sentence under

§ 3582(c)(2). Similarly, while the FSA expresses an intent to lower the penalties imposed

for crack possession offenses, it shows no such intent towards the penalties for career

offenders.”). Accordingly, the defendant’s motion (doc. 169) is DENIED.

SO ORDERED this 15th day of January, 2013. 

 s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE
252.225-7003 Report of Intended

Performance Outside the United States and

Canada—Submission with Offer.

As prescribed in 225.7204 (a), use the following provision:

REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND

CANADA—SUBMISSION WITH OFFER (OCT 2020)

(a) Definition. “United States,” as used in this provision, means the 50 States, the District of

Columbia, and outlying areas.

(b) The offeror shall submit, with its offer, a report of intended performance outside the United

States and Canada if—

(1) The offer exceeds $15 million in value; and

(2) The offeror is aware that the offeror or a first-tier subcontractor intends to perform any part of

the contract outside the United States and Canada that—

(i) Exceeds $750,000 in value; and

(ii) Could be performed inside the United States or Canada.

(c) Information to be reported includes that for—

(1) Subcontracts;

(2) Purchases; and

(3) Intracompany transfers when transfers originate in a foreign location.

(d) The offeror shall submit the report using—

(1) DD Form 2139, Report of Contract Performance Outside the United States; or

(2) A computer-generated report that contains all information required by DD Form 2139.

(e) The offeror may obtain a copy of DD Form 2139 from the Contracting Officer or via the Internet

at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.

(End of provision)

Parent topic: 252.225 RESERVED
§ 760.403 Eligible owners and contract growers. ( a ) In addition to other eligibility rules that may apply, to be eligible as a: ( 1 ) Livestock owner for benefits with respect to the death of an animal under this subpart, the applicant must have had legal ownership of the eligible livestock on the day the livestock died and under conditions in which no contract grower could have been eligible for benefits with respect to the animal. Eligible types of animal categories for which losses can be calculated for an owner are specified in § 760.404(a).
( 2 ) Contract grower for benefits with respect to the death of an animal, the animal must be in one of the categories specified on § 760.404(b), and the contract grower must have had ( i ) A written agreement with the owner of eligible livestock setting the specific terms, conditions, and obligations of the parties involved regarding the production of livestock;
( ii ) Control of the eligible livestock on the day the livestock died; and
( iii ) A risk of loss in the animal.
( b ) A producer seeking payment must not be ineligible under the restrictions applicable to foreign persons contained in § 760.103(b) and must meet all other requirements of subpart B and other applicable USDA regulations.
EX-33 (e)
REPORT ON ASSESSMENT OF COMPLIANCE

First American Real Estate Solutions of Texas, L.P. (an indirect subsidiary of
The First American Corporation, and the "Asserting Party") is responsible for
assessing compliance as of December 31, 2006, and for the period from January 1,
2006 through December 31, 2006 (the "Reporting Period") with the servicing
criteria set forth in Title 17, Sections 229.1122(d)(1)(iv), (d)(2)(v),
(d)(2)(vi), (d)(2)(vii), (d)(4)(xi), (d)(4)(xii) and (d)(4)(xiii) of the Code of
Federal Regulations (the "CFR") applicable to the Asserting Party (the
"Applicable Servicing Criteria"). The transactions covered by this report
include all loans for residential mortgage loan outsourcing customers for which
the Asserting Party served as the residential tax service provider (the
"Platform").

The Asserting Party has assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has concluded that, except as set forth
hereinbelow, the Asserting Party has complied, in all material respects, with
the Applicable Servicing Criteria as of December 31, 2006, and for the Reporting
Period with respect to the Platform taken as a whole.

The Asserting Party assessed its compliance with the Applicable Servicing
Criteria for the Reporting Period and has identified a material instance of
noncompliance with the servicing criterion set forth in Section
229.1122(d)(2)(vii)(B) of the CFR with respect to the Platform. Specifically,
the Asserting Party did not prepare reconciliations for all asset-backed
securities related bank accounts within 30 calendar days after the bank
statement cut-off date or such number of days specified in the transaction
agreements.

PricewaterhouseCoopers LLP, an independent registered public accounting firm,
has issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of December 31, 2006, and for the Reporting
Period as set forth in this assertion.

FIRST AMERICAN REAL ESTATE SOLUTIONS OF TEXAS, L.P.
By: First American Real Estate Solutions LLC
General Partner

/s/ Lucy A. Przybyla
Lucy A. Przybyla
Senior Vice President
February 28, 2007
****Keeping Children Drug Free:Using Family-Centered Approaches**

**Parent and Community Guide**Second in a Series
Department of Health and Human ServicesSubstance Abuse and Mental Health Services AdministrationCenter for Substance Abuse Prevention
Table of Contents
Family Involvement is Key to Stopping Substance Abuse!
Why Focus on Families?
How Big is the Problem? What Are the Facts?
What Puts Children at Risk for Substance Abuse?
What Protects Children From Substance Abuse?
How Do We Know What Works?
What You Can Do!
For More Information...
This parent and community guide is based on the recommendations of a panel of nongovernmental experts who systematically reviewed the current research on the family's role in reducing substance abuse among youth. The Center for Substance Abuse Prevention/Substance Abuse and Mental Health Services Administration offers these recommendations in the hope that they will enhance local efforts to reduce substance abuse by minors.RELATED LINKS | OTHER ONDCP-SPONSORED SITES | HOMESEARCH | SITE MAP  |CONTACT ONDCPPRIVACY POLICY | DISCLAIMER

**
Case 2:06-cv-00618-MEF-SRW Document 49-2 Filed 07/09/2007 Page 1 of 2
Case 2:06-cv-00618-MEF-SRW Document 49-2 Filed 07/09/2007 Page 2 of 2
Opinion issued May 15, 2014

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 4
- 00 066
- C R

——————————— JOSE LUIS BERNAL , Appellant

V. THE STATE OF TEXAS , Appellee

On Appeal from the 228th District Court

Harris County, Texas Trial Court Ca se No. 1368683

MEMORANDUM OPINION Appellant, Jose Luis Bernal , has filed a motion to dismiss the appeal. The motion is signed by the appellant and his attorney, in compliance with Texas Rule of Appellate Procedure 42.2(a). See T EX
. R. A PP
. P. 42.2(a). No opinion has2

issued , and more than 10 days have passed and no party has responded to the
motion. See T EX
. R. A PP
. P. 10.3(a). Accordingly, we grant the motion and dismiss the appeal. See T EX
. R. A PP
. P. 42. 2 (a) , 43.2(f) . We dismiss all other pending motions as moot.
PER CURIAM Panel consists of Justices Keyes, Sharp, and Huddle

. Do not publish. T EX
. R. A PP
. P. 47.2( b).
#### § 905.21 Selection of initial members of the committee.

The initial members of the Citrus Administrative Committee and their respective alternates shall be the members and alternates of the Growers Administrative Committee and the Shippers Advisory Committee serving on the effective date of his amendment. Each member and alternate shall serve until completion of the term for which he was selected and until his successor has been selected and qualified.

[42 FR 59369, Nov. 17, 1977]
#### Kristin B. Glen et al., Appellants, v. Nelson A. Rockefeller et al., Respondents.

Judgment unanimously affirmed, without costs and without disbursements, on the opinion of Streit, J., at Special Term (61 Mise 2d 942). Concur — Stevens, P. J., Eager, McGivern, Nunez and Tilzer, JJ.
204.7103 Contract line items.

Follow the procedures at PGI 204.7103 for establishing contract line items.

204.7103-1 Criteria for establishing.

204.7103-2 Numbering procedures.

Parent topic: Subpart 204.71 - UNIFORM CONTRACT LINE ITEM NUMBERING SYSTEM
MINUTES

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

HON. MYRON H. THOMPSON, JUDGE AT MONTGOMERY ALABAMA

DATE COMMENCED September 13, 2006 AT 8:31 A.M./P.M.

DATE COMPLETED September 13, 2006 AT 8:53 A.M./P.M.

MARIE TOOLE, et al.

 

 plaintiff

v. Civil Action

2:06-cv-652-MHT

MATTHEW CHUPP, et al.

 defendants

 

PLAINTIFF(S) APPEARANCES DEFENDANT(S)

Atty Jimmy S. Calton, Jr. X Atty Randall C. Morgan

X Atty Courtney R. Potthoff (Alfa)

 X 

COURT OFFICIALS PRESENT:

Anthony Green, Danielle Goldstein, Mitchell Reisner,

Courtroom Clerk Law Clerk Court Reporter

PROCEEDINGS:

( ) NONJURY TRIAL

(X) OTHER PROCEEDING ON-THE-RECORD ORAL ARGUMENT (TELEPHONE)

RE: MOTION TO REMAND

8:31 a.m Conference call convenes. Parties' oral 

argument regarding motion to remand. Matter

taken under advisement, order to issue.

8:53 a.m Hearing concluded.

Case 2:06-cv-00652-MHT-WC Document 12 Filed 09/13/2006 Page 1 of 1
52.211-16 Variation in Quantity.       As prescribed in 11.703(a), insert the following clause:          Variation in Quantity (Apr 1984)                                       (a) 						            A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.                                          (b) 						            The permissible variation shall be limited to:                ___ Percent increase [*Contracting Officer insert percentage*]                ___ Percent decrease [*Contracting Officer insert percentage*]                This increase or decrease shall apply to ____________.*                * Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-                                                         (1) 								                The total contract quantity;                                                            (2) 								                Item1 only;                                                            (3) 								                Each quantity specified in the delivery schedule;                                                            (4) 								                The total item quantity for each destination; or                                                            (5) 								                The total quantity of each item without regard to destination.                                                                    (End of clause)    **Parent topic:** 52.211 [Reserved]
[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Page 76011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30556]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0083]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Substances Prohibited From Use in 
Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Substances Prohibited From Use in 
Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed'' has 
been approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 301-796-3793.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 18, 2010 (75 
FR 34744), the Agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0339. 
The approval expires on November 30, 2013. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: December 1, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-30556 Filed 12-6-10; 8:45 am]
BILLING CODE 4160-01-P