alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### F. Steven Berg, Respondent, v. Auto Wheel Industries, Inc., et al., Appellants.

Order unanimously reversed, with costs, and motion denied. Memorandum: Aside from factual issues relating to the scope and nature of the alleged agreement for payment of plaintiff’s legal services, the record discloses a serious question of the interpretation and meaning, as well as the intention of the contracting parties in their use of the words, *“*trade fixtures ” which were part of the clause limiting the purchaser’s liability to assume payment of certain of seller’s obligations. This is espeeally so in light of the fact that plaintiff drew the agreement which forms the basis of this controversy. When language employed in a contract is not free from ambiguity, or when it is equivocal and the intent of the parties becomes a matter of inquiry, mixed questions of law and fact are present *(Lachs*v. *Fidelity & Cas. Co. of N. Y.,*306 N. Y. 357) and summary judgment should be denied. *(Piedmont Hotel Co.*v. *Nettleton Co.,*263 N. Y. 25; *Italian Benevolent Inst.*v. *Elaine Co.,*240 App. Div. 196.) We, further note that issues are presented as to plaintiff’s performance of legal services as distinguished from his services as a director of a corporation. *(Alexander*v. *Equitable Life Assur. Soc. of U. S.,*233 N. Y. 300.) (Appeal from order of Erie Special Term granting motion for partial summary judgment.) Present — Goldman, P. J., Del Veeehio, Marsh, Gabrielli and Moule, JJ.
# Subpart 3003.1—Safeguards

**Parent topic:**PART 3003—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

## 3003.101 Standards of conduct.

## 3003.101-3 Agency regulations.

The United States Office of Government Ethics has promulgated regulations applicable to the entire Executive Branch that address the conduct matters referenced in (FAR) 48 CFR 3.101–3. See 5 CFR vol. 3, ch. XVI, subch. B. The Department of Homeland Security has also issued a supplemental ethics regulation at 5 CFR part 4601 and Management Directive 0480.1, Ethics/Standards of Conduct.
#### § 1015.500 Scope.

This subpart sets forth the standards for referrals to the Department of Justice. This subpart corresponds to 31 CFR part 904 of the Treasury Federal Claims Collection Standards.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 169 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 169

   Recognizing the importance of sun safety, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

   Mr. Bilirakis (for himself and Ms. Eshoo) submitted the following 
 resolution; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
   Recognizing the importance of sun safety, and for other purposes.

Whereas Americans of all ages cherish the pleasures of outdoor activities, and 
        too few recognize that overexposure to the sun and its ultraviolet 
        radiation, classified by the Department of Health and Human Services as 
        a known carcinogen, is the leading cause of skin cancer;
Whereas it is critically important to be safe in the sun because skin cancer is 
        the fastest growing cancer in our country today, affecting 1 in 5 
        Americans during their lifetimes and killing 1 person every hour of 
        every day;
Whereas more than 1,000,000 new cases of skin cancer will be diagnosed in the 
        United States this year, accounting for nearly half of all new cases of 
        cancer and exceeding the incidence of breast, prostate, lung, and colon 
        cancer combined;
Whereas most people receive approximately 80 percent of their lifetime sun 
        exposure by age 18, setting the stage for skin cancer later in life;
Whereas skin cancer is highly preventable by taking simple precautions when 
        engaged in outdoor activities;
Whereas research demonstrates that practicing good sun safety has the potential 
        to significantly reduce the risk of skin cancer;
Whereas the Sun Safety Alliance and its members have dedicated themselves to 
        promoting sun safety, eliminating skin cancer from excessive sun 
        exposure, and encouraging sun protection practices, especially among 
        children; and
Whereas the Sun Safety Alliance has designated the week of June 5, 2005, to June 
        11, 2005, as National Sun Safety Week: Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) recognizes the importance of sun safety;
            (2) recognizes the need for school-based sun safety 
        education programs;
            (3) encourages all Americans to protect themselves and 
        their children from the dangers of excessive sun exposure;
            (4) congratulates the Sun Safety Alliance for its efforts 
        to promote sun safety and prevent skin cancer; and
            (5) supports the goals and ideas of National Sun Safety 
        Week.
                                 <all>
```
#### § 959.33 Expenses and compensation.

Committee members and alternates when acting on committee business shall be reimbursed for reasonable expenses necessarily incurred by them in the performance of their duties and in the exercise of their powers under this part. In addition they may receive compensation at a rate to be determined by the committee and approved by the Secretary, not to exceed $10 for each day, or portion thereof, spent in attending to committee business.
Case 1:06-cv-00723-MHT-CSC Document 32 Filed 06/09/2007 Page 1 of 3
Case 1:06-cv-00723-MHT-CSC Document 32 Filed 06/09/2007 Page 2 of 3
Case 1:06-cv-00723-MHT-CSC Document 32 Filed 06/09/2007 Page 3 of 3
§ 766.52 Eligibility. Cross Reference
Link to an amendment published at 89 FR 65043 , Aug. 8, 2024.
( a ) *Borrower eligibility.* The borrower must meet all of the following requirements to be eligible for a DSA: ( 1 ) The borrower must have operated the farm in a county designated or declared a disaster area or a contiguous county at the time of the disaster. Farmers who have rented out their land base for cash are not operating the farm.
( 2 ) The borrower must have acted in good faith, and the borrower's inability to make the upcoming scheduled loan payments must be for reasons not within the borrower's control.
( 3 ) The borrower cannot have more than one installment set aside on each loan.
( 4 ) As a direct result of the natural disaster, the borrower does not have sufficient income available to pay all family living and farm operating expenses, other creditors, and debts to the Agency. This determination will be based on: ( i ) The borrower's actual production, income and expense records for the year the natural disaster occurred;
( ii ) Any other records required by the Agency;
( iii ) Compensation received for losses; and
( iv ) Increased expenses incurred because of the natural disaster.
( 5 ) For the next production cycle, the borrower must develop a feasible plan showing that the borrower will at least be able to pay all operating expenses and taxes due during the year, essential family living expenses, and meet scheduled payments on all debts, including FLP debts. The borrower must provide any documentation required to support the farm operating plan.
( 6 ) The borrower must not be in non-monetary default.
( 7 ) The borrower must not be ineligible due to disqualification resulting from Federal crop insurance violation according to 7 CFR part 718.
( 8 ) The borrower must not become 165 days past due before the appropriate Agency DSA documents are executed.
( b ) *Loan eligibility.* ( 1 ) Any FLP loan to be considered for DSA must have been outstanding at the time the natural disaster occurred.
( 2 ) All of the borrower's program and non-program loans must be current after the Agency completes a DSA of the scheduled installment.
( 3 ) All FLP loans must be current or less than 90 days past due at the time the application for DSA is complete.
( 4 ) The Agency has not accelerated or applied any special servicing action under this part to the loan since the natural disaster occurred.
( 5 ) For any loan that will receive a DSA, the remaining term of the loan must equal or exceed 2 years from the due date of the installment set-aside.
( 6 ) The loan must not have a DSA in place.
§ 1017.12 Prohibitions on identifying Unclassified Controlled Nuclear Information. Information, documents, and material must not be identified as being or containing UCNI in order to: ( a ) Conceal violations of law, inefficiency, or administrative error;
( b ) Prevent embarrassment to a person or organization;
( c ) Restrain competition; or,
( d ) Prevent or delay the release of any information that does not properly qualify as UCNI.
2425.402 Policy.

(a)

(1) It is the Department's policy to determine whether the Trade Agreements Act applies based on

the total estimated dollar value of the proposed acquisition before the solicitation is issued,

including all line items and options.

Parent topic: PART 2425 - TRADE AGREEMENTS ACT
###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 79 FR 75739, Dec. 19, 2014.

#### § 2.1300 Scope of subpart M.

The provisions of this subpart, together with the generally applicable intervention provisions in subpart C of this part, govern all adjudicatory proceedings on an application for the direct or indirect transfer of control of an NRC license when the transfer requires prior approval of the NRC under the Commission's regulations, governing statutes, or pursuant to a license condition. This subpart provides the only mechanism for requesting hearings on license transfer requests, unless contrary case specific orders are issued by the Commission.

[77 FR 46598, Aug. 3, 2012]
IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

 *

PLAINTIFF, * 1:06-CV-00737.WKS

 *

vs. *

 *

DOTHAN RESCUE MISSION, *

 *

DEFENDANT. *

NOTICE CONCERNING SETTLEMENT CONFERENCE

AND MEDIATION

On February 9, 2007, the Plaintiff and counsel for the

Defendant conducted a face-to-face settlement conference. 

Despite good faith effort, settlement could not be reached. 

Mediation will not assist the parties in reaching 

settlement. 

HARDWICK, HAUSE, SEGREST & WALDING

BY: /s/ 

Patrick B. Moody (MOO110)

Post Office Box 1469

Dothan, Alabama 36302

Phone: (334) 794-4144

Fax: (334) 671-9330

ATTORNEYS FOR DEFENDANT

Case 1:06-cv-00737-WKW-SRW Document 40 Filed 02/12/2007 Page 1 of 2
Page 2 of 2

CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the following individual(s) and/or

attorney(s) of record by placing same in the United States

Mail in a properly addressed envelope with prepaid postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 12th day of February, 2007.

/s/ 

Of Counsel

Case 1:06-cv-00737-WKW-SRW Document 40 Filed 02/12/2007 Page 2 of 2
Subpart 3030.2—CAS Program Requirements    **Parent topic:** PART 3030—COST ACCOUNTING STANDARDS ADMINISTRATION3030.201 Contract requirements.3030.201-5 Waiver.       (a) The CPO is authorized to waive the applicability of the Cost Accounting Standards (CAS) under (FAR) 48 CFR 30.201–5(b). This authority may not be redelegated.          (c) Waiver requests must conform to (HSAR) 48 CFR 3001.70.
-88 -86 -84 -82 -80 -78 -76 -74

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18 12 06 00

07/17

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 17 Jul 06

 EDAS Meteorological Data

Source

★ at 39.41 N 76.30 W Meters AGL
Editorial Note on Part 2
Editorial Note: Nomenclature changes to part 2 appear at 79 FR 75739, Dec. 19, 2014.

§ 2.604 Notice of hearing on application for early review of site suitability issues in construction permit proceeding. ( a ) Where an applicant for a construction permit requests an early review and hearing and an early partial decision on issues of site suitability pursuant to § 2.101(a-1), the provisions in the notice of hearing setting forth the matters of fact and law to be considered, as required by § 2.104, shall be modified so as to relate only to the site suitability issue or issues under review.
( b ) After docketing of part two of the application, as provided in §§ 2.101(a-1) and 2.603, a supplementary notice of hearing will be published under § 2.104 with respect to the remaining unresolved issues in the proceeding within the scope of § 2.104. This supplementary notice of hearing will provide that any person whose interest may be affected by the proceeding and who desires to participate as a party in the resolution of the remaining issues shall file a petition for leave to intervene pursuant to § 2.309 within the time prescribed in the notice. This supplementary notice will also provide appropriate opportunities for participation by a representative of an interested State under § 2.315(c) and for limited appearances under § 2.315(a).
( c ) Any person who was permitted to intervene as a party under the initial notice of hearing on site suitability issues and who was not dismissed or did not withdraw as a party may continue to participate as a party to the proceeding with respect to the remaining unresolved issues, provided that within the time prescribed for filing of petitions for leave to intervene in the supplementary notice of hearing, they file a notice of their intent to continue as a party, along with a supporting affidavit identifying the specific aspect or aspects of the subject matter of the proceeding as to which they wish to continue to participate as a party and setting forth with particularity the basis for their contentions with regard to each aspect or aspects. A party who files a non-timely notice of intent to continue as a party may be dismissed from the proceeding, absent a determination that the party has made a substantial showing of good cause for failure to file on time, and with particular reference to the factors specified in § 2.309(c)(1)(i) through (iv) and (d). The notice will be ruled upon by the Commission or presiding officer designated to rule on petitions for leave to intervene.
( d ) To the maximum extent practicable, the membership of any atomic safety and licensing board designated to preside in the proceeding on the remaining unresolved issues pursuant to the supplemental notice of hearing will be the same as the membership designated to preside in the initial notice of hearing on site suitability issues.
[72 FR 49478, Aug. 28, 2007, as amended at 88 FR 57876, Aug. 24, 2023]
H. Res. 1107

In the House of Representatives, U. S., 

December 8, 2006.

Resolved, That a revised edition of the Rules and Manual 

of the House of Representatives for the One Hundred Tenth 

Congress be printed as a House document, and that three 

thousand additional copies shall be printed and bound for the 

use of the House of Representatives, of which nine hundred 

copies shall be bound in leather with thumb index and delivered as may be directed by the Parliamentarian of the House. 

Attest:

Clerk.
#### § 1005.13 May the Secretary waive any provision of these regulations?

In an emergency, the Secretary may waive any provision of these regulations.
#### § 993.25 Term of office.

The term of office of members, and their respective alternates, shall be two years, ending on May 31 of even numbered years, and any later date which may be necessary for the selection and qualification of their respective successors.
#### § 1017.25 Reproduction.

A document marked as containing UCNI may be reproduced without the permission of the originator to the minimum extent necessary consistent with the need to carry out official duties, provided the reproduced document is marked and protected in the same manner as the original document.
# Subpart 2823.2 - Energy and Water Efficiency and Renewable Energy

**Parent topic:**PART 2823 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

## 2823.204 Procurement exemptions.

The HCA or designee is the agency head for the purposes of executing the written determination not to purchase ENERGY STAR® or Federal Energy Management Program (FEMP)-designated products.
2109.7001 Minimum standards for FEGLI Program contractors.       (a) The Contractor must meet the requirements of chapter 87 of title 5, United States Code; part 870 of title 5, Code of Federal Regulations; chapter 1 of title 48, Code of Federal Regulations; and the standards in this subpart. The Contractor must continue to meet these and the following statutory and regulatory requirements while under contract with OPM. Failure to meet these requirements and standards is cause for OPM's termination of the contract in accordance with part 2149 of this chapter.          (b) The contractor must actually be engaged in the life insurance business and must be licensed to transact life and accidental death and dismemberment insurance under the laws of all the States and the District of Columbia at the time of application.          (c) The contractor must not be a Federal, State, local or territorial government entity.          (d) The contractor must not be debarred, suspended or ineligible to participate in Government contracting or subcontracting for any reason.          (e) The contractor must keep statistical and financial records regarding the FEGLI Program separate from that of all its other lines of business.          (f) The Contractor agrees to enter into annual premium rate redeterminations with OPM.          (g) The Contractor must furnish such reasonable reports as OPM determines are necessary to administer the FEGLI Program. The cost of preparation of such reports will be considered an allowable expense within the administrative expense ceiling defined in section 2152.231-70 of this chapter.          (h) The contractor must establish and maintain a system of internal control that provides reasonable assurance that:          (1) The payment of claims and other expenses is in compliance with legal, regulatory, and contractual guidelines;          (2) Funds, property, and other FEGLI Program assets are safeguarded against waste, loss, unauthorized use, or misappropriation;          (3) Revenues and expenditures applicable to FEGLI Program operations are properly recorded and accounted for to permit the preparation of reliable financial reporting and to maintain accountability over assets; and,          (4) Data are accurately and fairly disclosed in all reports required by OPM.          (i) The contractor must permit representatives of OPM and of the General Accounting Office to audit and examine records and accounts pertaining to the FEGLI Program at such reasonable times and places as may be designated by OPM or the General Accounting Office.    **Parent topic:** Subpart 2109.70 - Minimum Standards for FEGLI Program Contractors
Exhibit








WRITTEN CONSENT OF PREFERRED MAJORITY HOLDER 
December 22, 2017


The undersigned, being the Preferred Majority Holder (as defined below), of ADT Inc., a Delaware corporation (the “Company”), pursuant to Section 228 of the General Corporation Law of the State of Delaware, DOES HEREBY CONSENT to the adoption of, and DOES HEREBY ADOPT, the following resolutions:
 


WHEREAS, the undersigned, Koch SV Investments, LLC (“Koch”), the sole holder of the 750,000 outstanding Series A Preferred Securities, par value $0.01 per share, of ADT Inc. (the “Company”) (the “Series A Preferred Securities”); 


WHEREAS, hereby consents to (a) the Certificate of Amendment of the Certificate of Designation of Series A Preferred Securities (the “A&R Series A Certificate of Designation”) and (b) the Certificate of Amendment of the Certificate of Designation of Series Z Preferred Securities (the “A&R Series Z Certificate of Designation”), each in the form attached hereto as Exhibit A and Exhibit B, respectively, in each case, amending and replacing in the entirety the Certificate of Designation of the Series A Preferred Securities and the Certificate of Designation of the Series Z Preferred Securities of the Company, respectively;
 
For the avoidance of doubt, except as otherwise contemplated by this Written Consent (including the exhibits attached hereto), (i) Koch, as the Preferred Majority Holder, does not otherwise consent to any other alteration, modification, waiver or amendment to the rights, remedies, powers, privileges or covenants contained in the Series A Preferred Securities, the Series Z Preferred Securities or in any Related Agreement (as defined in each of the A&R Series A Certificate of Designation and the A&R Series Z Certificate of Designation) and (ii) this Written Consent will not be deemed to (a) be consent to any past, current or future waiver or modification of any other term or condition of the Series A Preferred Securities, the Series Z Preferred Securities or any Related Agreement or (b) otherwise prejudice any right or remedy which Koch may now have or may have in the future under or in connection with the Series A Preferred Securities, the Series Z Preferred Securities or any Related Agreement.  




[Signature page follows]












     IN WITNESS WHEREOF, this Written Consent is executed as of the date first written above.




PREFERRED MAJORITY HOLDER
KOCH SV INVESTMENTS, LLC
              	
		
	By:
	   /s/ Brett D. Watson

	 
	Name: Brett D. Watson

	 
	Title: Vice President
#### § 983.8 Committee.

*Committee* means the Administrative Committee for Pistachios established pursuant to § 983.41.

[74 FR 56539, Nov. 2, 2009]
Subpart 3022.1—Basic Labor Policies

Parent topic: PART 3022—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

3022.101 Labor relations.

3022.101-70 Admittance of union representatives to DHS

installations.

(a) Admittance of union representatives to Transportation Security Administration or United States

Secret Service installations and work sites is not governed by this rule, but by laws, rules,

regulations, Executive Orders and policies applicable to those Components. It is the policy of DHS to

admit non-employee labor union representatives of contractor employees to DHS installations to visit

work sites and transact labor union business with contractors, their employees, and union stewards

pursuant to existing union collective bargaining agreements. Their presence must not interfere with

the contractor's work under a DHS contract nor violate safety or security regulations that may be

applicable to persons visiting the installation. However, if there have been incidents of vandalism,

illegal work stoppages, or interference with work, the non-employee labor union representatives

may be subject to access limitations. Non-employee labor union representatives will not be

permitted to conduct meetings, collect union dues, or make speeches concerning union matters

while visiting a work site during working hours.

(b) Whenever a non-employee labor union representative is denied entry to a work site, the person

denying entry shall make a written report to the DHS labor advisor and Component labor advisor, if

any, within two working days after the request for entry is denied. The report shall include the

reason(s) for the denial, the name of the representative denied entry, the union affiliation and

number, and the name and title of the person that denied the entry.

3022.101-71 Contract clauses.

(a) The contracting officer, may, when applicable, insert the clause at (HSAR) 48 CFR 3052.222–70,

Strikes or Picketing Affecting Timely Completion of the Contract Work, in solicitations and contracts.

(b) The contracting officer may, when applicable, insert the clause at (HSAR) 48 CFR 3052.222–71,

Strikes or Picketing Affecting Access to a DHS Facility, in solicitations and contracts.