alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Subpart 1428.3 - Insurance

Parent topic: PART 1428 - BONDS AND INSURANCE

1428.301 Policy.

It is the policy of DOI to insure its own risks only when such action is in the best interest of the

Government. Circumstances where contractors are required to carry insurance are listed under FAR

28.301 and 28.306. In these circumstances, the CO shall insert the clause at 1452.228-70, Liability

Insurance - Department of the Interior, in solicitations and contracts.

1428.306 Insurance under fixed-price contracts.

1428.306-70 Insurance for aircraft services contracts.

(a) Policy. The CO shall insert minimum insurance requirements in aircraft services contracts in

order to protect the Government and its contractors.

(b) Applicability. The clauses prescribed in section 1428.311-2 are applicable to all fixed-price

contracts involving use of aircraft with either a contractor-furnished or a Government-furnished pilot

except for one-time charters when Government exposure is minimal and time limitations are present.

1428.311 Solicitation provision and contract clause on

liability insurance under cost-reimbursement contracts.

1428.311-1 Contract clause.

The CO shall modify the clause at FAR 52.228-7, Insurance - Liability to Third Persons, in

accordance with 1452.228-7, and insert in solicitations and contracts as prescribed in FAR 28.311-1.

1428.311-2 Agency solicitation provisions and contract

clauses.

The following DOI clauses shall be used as prescribed:

(a) The CO shall insert the clause at 1452.228-71, Aircraft and General Public Liability Insurance -

Department of the Interior, in solicitations and contracts when a fixed-price contract for operation of

aircraft is anticipated and where the Government is using a contractor-furnished pilot.

(b) The CO shall insert the clause at 1452.228-72, Liability for Loss or Damage - Department of the
Interior, in solicitations and contracts when a fixed-price contract for use of aircraft is anticipated

and where the Government does not have a property interest and is using a Government-furnished

pilot.

(c) The CO shall insert the clause at 1452.228-73, Liability for Loss or Damage (Property Interest) -

Department of the Interior, in solicitations and contracts when a fixed-price contract for use of

aircraft is anticipated and where the Government has a property interest in the aircraft and is using

a Government-furnished pilot (e.g., a lease with purchase option).
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 3, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-10921

Summary Calendar

 

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

FERRELL DAMON SCOTT,

 DefendantAppellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:00-CR-141-1-G

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

Before JONES, STEWART and DENNIS, Circuit Judges.

PER CURIAM:*

Ferrell Damon Scott pleaded guilty and was convicted of theft of interstate shipment and

aiding and abetting in violation of 18 U.S.C. §§ 2, 659. He appeals the district court’s denial of his

motions to dismiss his indictment for violation of the Speedy Trial Act and impermissible postindictment prosecutorial delay in violation of the Sixth Amendment.

The district court denied the motions as untimely pursuant to FED. R. CRIM. P. 12(c) and (f)

and alternatively on the merits. Scott does not address or contest the district court’s procedural
-2-

ruling in his brief. This court “will not raise and discuss legal issues that [Scott] has failed to assert.”

Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Therefore,

because Scott has not addressed the procedural issue, he has thus abandoned this issue on appeal.

E.g., Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Additionally, because the procedural

ruling presents an independent, unchallenged basis for affirming the district court’s decision, we

affirm the dismissal on the procedural ground noted by the district court and need not analyze the

underlying merits of Scott’s motions. Cf. Walker v. Thompson, 214 F.3d 615, 624-25 (5th Cir.

2000) (district court dismissed claimon procedural ground and on merits; although proceduralruling

was in error, failure to brief district court’s decision regarding merits constituted abandonment on

appeal, and dismissal was affirmed).

The judgment of the district court is therefore AFFIRMED.
#### § 983.80 Compliance.

Except as provided in this part, no handler shall handle pistachios, the handling of which has been prohibited or otherwise limited by the Secretary in accordance with provisions of this part; and no handler shall handle pistachios except in conformity to the provision of this part.

[69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009]
#### § 983.84 Derogation.

Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the Act or otherwise, or, in accordance with such powers, to act in the premises whenever such action is deemed advisable.

[69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009]
402.101 Definitions.

Acquisition official means an individual who has been delegated authority to manage or to exercise

acquisition functions and responsibilities.

Agency head or Head of the Agency means the Secretary of Agriculture, Deputy Secretary, or the

Assistant Secretary for Administration.

Head of the contracting activity (HCA) means the official who has overall responsibility for managing

the contracting activity (i.e., Chief, Forest Service; Administrator, Agricultural Research Service;

etc.), or the individual designated by such an official to carry out the functions of the HCA.

Senior Procurement Executive (SPE) means the agency official appointed as such by the head of the

agency pursuant to Executive Order 12931. The Director, Office of Procurement and Property

Management, has been designated as the USDA SPE.

Parent topic: Subpart 402.1 - Definitions
#### In the Matter of Town of Haverstraw, Appellant-Respondent, v Harold R. Newman et al., Constituting the New York State Public Employment Relations Board, Respondents-Appellants, and Rockland County Patrolmen’s Benevolent Association, Inc., Intervenor-Respondent-Appellant.

In a proceeding pursuant to CPLR article 78 to review a determination of the Public Employment Relations Board, which directed the Town of Haverstraw to negotiate in good faith with respect to "legal insurance”, (1) the said board and the Rockland County Patrolmen’s Benevolent Association, Inc., appeal from a judgment of the Supreme Court, Rockland County, entered September 6, 1979, which annulled the determination and (2) petitioner appeals from so much of a judgment of the same court, entered May 28, 1979, as directed it to negotiate certain enumerated subjects with the Rockland County Patrolmen’s Benevolent Association. Judgment entered May 28, 1979, affirmed insofar as appealed from, without costs or disbursements. Judgment entered September 6, 1979, reversed, on the law, without costs or disbursements, and determination with respect to "legal insurance” reinstated and confirmed. As a threshold question, we reject the town’s contention that a higher standard for the determination of mandatorily negotiable subjects should be applied to policemen and firemen. Merely pointing to the fact that these employees are subject to binding arbitration is not sufficient. The decision of PERB that legal insurance was a mandatory subject of negotiation was a permissible interpretation of subdivision 4 of section 201 of the Civil Service Law. There is no reason to distinguish legal *875insurance from health insurance or group life insurance. All are a form of compensation and, as such, are encompassed within the definition of terms and conditions of employment. It is not necessary to prove a direct relationship to job performance to justify them. However, this should not be taken to mean that every demand to create a fund will automatically be considered a matter for mandatory negotiation. It should be noted, moreover, that PERB has broad discretion to determine mandatory subjects of negotiation. As the agency charged with administration of the Taylor Law, PERB is presumed to have expertise in reaching a judgment in this area. The courts may not substitute another interpretation so long as PERB’s interpretation is legally permissible and does not negate any constitutional rights or protections. (See *Matter of Incorporated Vil. of Lynbrook v New York State Public Employment Relations Bd.,*48 NY2d 398.) With respect to the judgment entered May 28, 1979, the court properly found that PERB’s determination that family sick leave, uniform cleaning allowances and a safety clause were subjects for mandatory negotiation. (See *Matter of Incorporated Vil. of Lynbrook v New York State Public Employment Relations Bd., supra.)*Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.
Exhibit










CURO Group Holdings Corp.
December __, 2017
VIA ELECTRONIC MAIL
[NAME]
Re: Notice and Acknowledgement of Acceleration of Special Bonus Payments
Dear [NAME]:
The purpose of this letter is to inform you that in connection with the initial public offering of CURO Group Holdings Corp. (the “Company”), the board of directors (the “Board”) has approved the acceleration and payment in full of [[$[___],$[___],$[___] and $[___]], the remaining amounts payable to you under the special bonus notices from the Company delivered to you on each of [May 15, 2017, August 10, 2017, October 16, 2017 and November 2, 2017, respectively].  The Board has implemented such acceleration to reward and recognize as key contributors certain employees of the Company.  All amounts payable to you hereunder shall be subject to all applicable withholding.
Accordingly, you acknowledge, by signing below, that the payment to you of $[__] is in full and final satisfaction of all amounts due or otherwise payable to you under the special bonus notices, and you release any and all rights arising in connection therewith.  Please confirm your understanding and agreement with the terms and conditions summarized by this letter by signing below and returning a copy to [___] at your earliest convenience.  
We thank you for your contributions to the success of the Company and look forward to your continued contribution to the future success of the Company.  If you have any questions, please contact [_____] at ([__]) [____] or [_______].
Sincerely,
CURO Group holdings corp
__________________________________
By:  
Title:  
ACCEPTED AND AGREED TO:
____________________________
NAME
Date:
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA OF

NORTHERN DIVISION

MAY'S DISTRIBUTING COMPANY, )

INC., individually and as class )

representative of all those gasoline )

station owners similarly situated, )

)

Plaintiff, )

v. ) CASE NO. 2:06-cv-702-MEF

)

TOTAL CONTAINMENT, INC., et al., )

)

Defendants. )

O R D E R

Upon consideration of the plaintiff's Motion to Stay All Deadlines (Doc. #24) filed

on August 29, 2006, it is hereby

ORDERED that the motion is GRANTED.

DONE this the 30th day of August, 2006.

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00702-MEF-TFM Document 30 Filed 08/30/2006 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
              Armored Storage Income Investors Limited Partnership
                   Appendix A to Item 601(c) of Regulation S-K
                       Commercial and Industrial Companies
                           Article 5 of Regulation S-X
                          3 Months Ended March 31, 1997
</LEGEND>
<MULTIPLIER>                                         1
<CURRENCY>                                U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                         562,128  
<SECURITIES>                                         0  
<RECEIVABLES>                                   26,036  
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<PP&E>                                       7,071,166  
<DEPRECIATION>                               2,098,667  
<TOTAL-ASSETS>                               5,547,810  
<CURRENT-LIABILITIES>                           78,944  
<BONDS>                                              0  
<PREFERRED-MANDATORY>                                0  
<PREFERRED>                                          0  
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<OTHER-SE>                                   5,468,866  
<TOTAL-LIABILITY-AND-EQUITY>                 5,547,810  
<SALES>                                              0  
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<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    92,170
<EPS-PRIMARY>                                     5.84
<EPS-DILUTED>                                     5.84
                                                    

</TABLE>
Case 2:06-cv-00720-WHA-SRW Document 12 Filed 10/13/2006 Page 1 of 4
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Case 1:06-cv-00703-MHT-CSC Document 62 Filed 05/28/2008 Page 1 of 2
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Case 1:06-cv-00703-MHT-CSC Document 62 Filed 05/28/2008 Page 2 of 2
# Subpart 2943.2 - Change Orders

**Parent topic:**PART 2943 - CONTRACT MODIFICATIONS

## 2943.205 Contract clauses.

HCAs may establish procedures, or office policies, when appropriate for authorizing the contracting officer to vary the 30-day period for submission of adjustment proposals to the clauses prescribed by FAR 43.205.
#### § 984.15 Pack.

*Pack* means to bleach, clean, grade, shell or otherwise prepare walnuts for market as inshell or shelled walnuts.

[73 FR 11337, Mar. 3, 2008]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         196,542
<SECURITIES>                                         0
<RECEIVABLES>                                   75,088
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      43,408,652
<DEPRECIATION>                              19,069,849
<TOTAL-ASSETS>                              27,392,328
<CURRENT-LIABILITIES>                        3,416,312
<BONDS>                                     32,409,460
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                (19,320,784)
<TOTAL-LIABILITY-AND-EQUITY>                27,392,328
<SALES>                                              0
<TOTAL-REVENUES>                             4,323,091
<CGS>                                                0
<TOTAL-COSTS>                                2,455,196
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,684,107
<INCOME-PRETAX>                            (2,218,885)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,218,885)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,218,885)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                 (106.67)
        

</TABLE>
Case 1:06-cv-00643-MHT-SRW Document 9 Filed 08/18/2006 Page 1 of 4
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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
September 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

                                             November 12, 2007
Case 1:06-cv-00643-MHT-SRW Document 23 Filed 12/04/2006 Page 1 of 3
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§ 985.23 Nominations. ( a ) *Procedure.* ( 1 ) Nominations for producer members of the Committee and their alternates shall be made at nomination meetings of producers in each District. Such meetings shall be held at such times (on or before November 1 of each year) and places as the Committee shall designate. One nominee shall be elected for each position to be filled. The names and addresses of each nominee shall be submitted to the Secretary not later than December 1 of each year.
( 2 ) Only producers, including duly authorized officers or employees of producers present and eligible to serve as producer members of the Committee, shall participate in the nomination. If a producer produces oil in more than one district, the producer shall select the district in which that producer will participate and notify the Committee of the choice.
( 3 ) Should the Committee find it impractical to hold nomination meetings, nominations may be submitted to the Secretary based on the results of balloting by mail. Ballots to be used may contain the names of candidates and a blank space for write-in candidates for each position, together with voting instructions. The eligible person receiving the highest number of votes for a member or alternate position shall be the nominee for that position.
( 4 ) The producer members of the Committee shall nominate the public member and alternate and member at the first meeting following the selection of members for a new term of office.
( b ) *Initial members.* As soon as practicable following the effective date of this subpart, the Secretary shall hold, or cause to be held, nomination meetings of producers in each district to nominate the initial members of the Committee.
( c ) The Committee with the approval of the Secretary shall issue rules and regulations necessary to carry out the provisions of this section or to change the procedures in this section in the event they are no longer practical.
§ 799.13 FSA as lead agency. ( a ) When FSA acts as the lead agency in a NEPA review as specified in 40 CFR 1501.5, FSA will: ( 1 ) Coordinate its review with other appropriate Federal, State, and Tribal governments; and
( 2 ) Request other agencies to act as cooperating agencies as specified in 40 CFR 1501.6, and defined in 40 CFR 1508.5, as early in the review process as possible.
( b ) If FSA acts as a lead agency for a proposed action that affects more than one State, the NECM will designate one SEC to act as RAO.
( c ) If the role of lead agency is disputed, the NECM will refer the matter to the FSA Administrator, who will attempt to resolve the matter with the other agency. If the Federal agencies cannot agree which will serve as the lead agency, the FSA Administrator will follow the procedures specified in 40 CFR 1501.5(e) to request that CEQ determine the lead agency.
**Exhibit 32.2**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 March 31, 2008 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 WITNESS WHEREOF, I have executed this Certification this 4th day of May, 2008.   /s/ LAWRENCE E. KREIDER, JR. Lawrence E. Kreider, Jr., Chief Financial Officer