alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dorothy Andlauer, Respondent, v. Vincent F. Caldarell et al., Appellants.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: If plaintiff were not an invitee but only a licensee, no duty to her was violated in connection with her fall on defendants’ premises, since at most under the proof the defendants could properly be charged with only ordinary negligence. The question of whether plaintiff was an invitee or a mere licensee was a proper issue for determination by the jury. Clarification of the issue for the jury required however that the court point out that services of a trivial or casual nature rendered the defendant daughter by the plaintiff mother on her visits to defendant would not be sufficient to establish her status as an invitee. Also the defendants were clearly entitled to the requested charge that *“*a social guest who performs minor services for his host does not .thereby become an invitee”. (Cf. *Mannix*v. *Matthews,*30 A D 2d 895; *Schwarts*v. *Eisen,*25 A D 2d 555; *Bubacz*v. *Horka,*11 A D 2d 594.) The court’s charge on the issue of plaintiff’s status was confused and fragmented and failed completely to relate the relevant legal principles involved to the facts presented. Error was also committed in charging the jury that they might consider on the question of defendants’ negligence whether or not the defendant daughter, expecting the plaintiff mother on that day, should have picked her up and brought her to the premises. (Appeal from judgment of Erie Trial Term in negligence action.) Present— Goldman, P. J., Marsh, Gabrielli, Moule and Bastow, JJ.
First Amendment to the Time Sharing Agreement



 Exhibit 10.55 
 FIRST AMENDMENT TO TIME SHARING AGREEMENT 
 On January 28, 2009, Altria Client Services Inc. (“Operator”) and Michael E. Szymanczyk (“User”) entered into a Time Sharing Agreement (the “Agreement”). Pursuant to
paragraph 12 of the Agreement, Operator and User amend the Agreement as set forth below, effective November 12, 2009: 
 1. The first “WHEREAS” clause on page 1 of the Agreement is deleted in its entirety and replaced with the following language: 
 “WHEREAS, Operator owns or leases the aircraft more particularly described on Exhibit A attached hereto
(collectively, the “Aircraft”);”. 
 2. The following aircraft is added to Exhibit A of the
Agreement: 
  

					
	 Registration
 Number
	  	 Serial
 Number
	  	Aircraft Description
			
	 N802AG
	  	5245	  	2009 Gulfstream Aerospace Corporation G550 Aircraft

  
 All other terms
and conditions of the Agreement remain in full force and effect. The persons signing below warrant their authority to sign. 
  

									
	Operator:	 		 		 	User:
				
	ALTRIA CLIENT SERVICES INC.	 		 		 	MICHAEL E. SZYMANCZYK
					
	By:	 	 /s/ Kevin P. Benner
	 		 		 	/s/ Michael E. Szymanczyk
	 Name:
	 	Kevin P. Benner	 		 		 	
	Title:	 	Senior Vice President, Human Resources	 		 		 	

  
  
  
  

 1 of 1
| (logo) WELLS

           FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334

 

  |
|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------|

# **ANNUALSTATEMENT OF COMPLIANCE**

 

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of February 1, 2013, byand among GS Mortgage Securities Corporation II, as Depositor, Wells FargoBank, National Association, as Master Servicer and Certificate Administrator,LNR Partners, LLC, as Special Servicer, Trimont Real Estate Advisors, Inc., asOperating Advisor and U.S. Bank National Association as Trustee, with respectto Commercial Mortgage Pass-Through Certificates Series 2013-GC10 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement. 

 

Pursuant to Section 10.07 ofthis Agreement, I, Leslie Hayton, Managing Director of Commercial MortgageServices do hereby certify that: 

 

1.            A review of the activities of the Master Servicer during the period from January1, 2018 through December 31, 2018 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and 

 

2.           To the best of my knowledge, based on such review, the Master Servicer has fulfilledall of its obligations under the Agreement in all material respects throughoutthe Reporting Period. 

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day ofFebruary 2019. 

 

 

/s/ Leslie Hayton

LeslieHayton 

Managing Director

WellsFargo Bank 

 

 

| Wells Fargo Bank,  N.A. | (logo) Together  we’ll go far |
|-------------------------|-------------------------------------|
§ 455.64 Life-cycle cost methodology. ( a ) The life-cycle cost methodology under § 455.63(b) of this part is a systematic comparison of the relevant significant cost savings and costs associated with an energy conservation measure over its expected useful life, or other appropriate study period with future cost savings and costs discounted to present value. The format for displaying life-cycle costs shall be a savings-to-investment ratio.
( b ) An energy conservation measure must be cost effective, and its savings-to-investment ratio must be greater than or equal to one no earlier than the end of the second year of the study period.
( c ) A savings-to-investment ratio is the ratio of the present value of net cost savings attributable to an energy conservation measure to the present value of the net increase in investment, maintenance and operating, and replacement costs less salvage value or disposal cost attributable to that measure over a study period.
( d ) Except for energy conservation measures to shift demand or to use renewable energy resources, the numerator of the savings-to-investment ratio shall include net cost savings, appropriately discounted and adjusted for energy cost escalation consistent with paragraph (g) of this section, subject to the limitation that the cost of the energy to be saved shall constitute at least 50 percent of the net cost savings unless the State specifies a higher percent in its State plan pursuant to § 455.20(u)(3).
( e ) With respect to energy conservation measures to shift demand or to use renewable energy resources, the numerator of the savings-to-investment ratio shall be net cost savings appropriately discounted and adjusted for energy cost escalation consistent with paragraph (g) of this section.
( f ) The study period for a life-cycle cost analysis, which may not exceed 15 years, shall be the useful life of the energy conservation measure or of the energy conservation measure with the longest life (for purposes of ranking buildings with multiple energy conservation measures).
( g ) The discount rate must equal or exceed the discount rate annually provided by DOE under 10 CFR part 436. The energy cost escalation rates must not exceed those annually provided by DOE under 10 CFR part 436.
( h ) Investment costs may be assumed to be a lump sum occurring at the beginning of the base year, or to the extent that there are future investment costs, discounted to present value.
( i ) The cost of energy and maintenance and operating costs may be assumed to begin to accrue at the beginning of the base year or when they are actually projected to occur.
( j ) It may be assumed that costs occur in a lump sum at any time within the year in which they are incurred.
PGI 245.402-70 Policy.       Title vests in the Government for all property acquired or fabricated by the contractor in accordance with paragraph (e)(3) of the clause at FAR 52.245-1, Government Property.  Oversight and visibility of contractor-acquired property (CAP) is accomplished through reviews and audits of contractor business systems, including—          (1)  Accounting systems (see DFARS 242.75);          (2)  Property management systems (see DFARS 245.105); and          (3)  Material management and accounting systems (see DFARS 242.72).    **Parent topic:** PGI 245.402 Title to contractor-acquired property.
§ 429.26 Fluorescent lamp ballasts. ( a ) *Sampling plan for selection of units for testing.* ( 1 ) The requirements of § 429.11 are applicable to fluorescent lamp ballasts; and
( 2 ) For each basic model of fluorescent lamp ballasts, a sample of sufficient size, not less than four, shall be randomly selected and tested to ensure that— ( i ) Any represented value of the energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( A ) The mean of the sample, where: Or,
( B ) The upper 99 percent confidence limit (UCL) of the true mean divided by 1.01, where: and
( ii ) Any represented value of the ballast luminous efficiency, power factor, or other measure of the energy efficiency or energy consumption of a basic model for which consumers would favor a higher value must be less than or equal to the lower of: ( A ) The mean of the sample, where: Or,
( B ) The lower 99 percent confidence limit (LCL) of the true mean divided by 0.99, where:
( iii ) The represented value of average total lamp arc power must be equal to the mean of the sample, Where: x̄ is the sample mean; n is the number of units in the sample; and xi is the ith unit.
( b ) *Certification reports.* ( 1 ) The requirements of § 429.12 are applicable to fluorescent lamp ballasts; and
( 2 ) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The ballast luminous efficiency, the average total lamp arc power, the power factor, the number of lamps operated by the ballast, and the type of lamps operated by the ballast (*i.e.,* wattage, base, shape, diameter, and length).
( c ) *Rounding requirements.* ( 1 ) Round ballast luminous efficiency to the nearest thousandths place.
( 2 ) Round power factor to the nearest hundredths place.
( 3 ) Round average total lamp arc power to the nearest tenth of a watt.
[76 FR 12451, Mar. 7, 2011; 76 FR 24769, May 2, 2011, as amended at 81 FR 25600, Apr. 29, 2016; 85 FR 56493, Sept. 14, 2020]
Subpart 2009.1 - Responsible Prospective

Contractors

Parent topic: PART 2009 - CONTRACTOR QUALIFICATIONS

2009.100 NRC policy.

(a) It is NRC policy that only competitively awarded contracts shall be placed with an individual who

was employed by the NRC within two years from the date of the Request for Procurement Action.

This policy also applies to:

(1) The noncompetitive award of contracts to organizations where former NRC employees have

dominant ownership interests in the organization, such as partners or majority stockholders;

(2) The noncompetitive award of contracts to organizations where former NRC employees have

dominant management interests, such as principal officers, or where the organization is

predominantly staffed by former NRC employees; and

(3) The noncompetitive award of contracts, task orders or other NRC work assignments where the

particular assignment is to be performed by designated former NRC employees, including principal

investigators, key personnel, and others who will perform more than a nominal amount of the work

in question.

(b) The following procurement actions are considered noncompetitive for the purposes of this policy:

(1) Contracts awarded noncompetitively under the Small Business Administration's 8(a) Program;

(2) Individual task orders if the former employee was not identified as “key personnel” in a proposal

which was evaluated under competitive procedures;

(3) Unsolicited proposals;

(4) Subcontracts that require review for the purpose of granting consent under NRC prime

contracts.

(c) The term NRC employee includes special Government employees performing services for NRC as

experts, advisors, consultants, or members of advisory committees, if -

(1) The contract arises directly out of the individual's activity as a special employee;

(2) The individual is in a position to influence the award of the contract; or

(3) The Contracting Officer determines that another conflict of interest exists.

(d) A justification explaining why it is in the best interest of the Government to contract with an

individual or firm described in paragraphs (a) and (b) of this section on a noncompetitive basis may

be approved by the Senior Procurement Executive after consulting with the Executive Director for

Operations. This is in addition to any justification and approvals which may be required by the FAR

for use of other than full and open competition.
(e) Nothing in this policy statement relieves former employees from obligations prescribed by law,

such as 18 U.S.C. 207, Restrictions on Former Officers, Employees, and Elected Officials of the

Executive and Legislative Branches.

2009.105-70 Contract provisions.

The contracting officer shall insert the following provisions in all solicitations:

(a) Section 2052.209-70 Current/Former Agency Employee Involvement.
Case 2:06-cv-00754-WC Document 7 Filed 10/31/2006 Page 1 of 2
Case 2:06-cv-00754-WC Document 7 Filed 10/31/2006 Page 2 of 2
222 So.2d 65

#### Aliston STEPHNEY v. W. R. C. CONSTRUCTION COMPANY, Inc.

No. 49775.

May 9, 1969.

In re:- W. R. C. Construction Company, Inc. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 219 So.2d 9.

Writ refused. On the facts found by the Court of Appeal, the result is correct.
§ 20.1702 Use of other controls. ( a ) When it is not practical to apply process or other engineering controls to control the concentrations of radioactive material in the air to values below those that define an airborne radioactivity area, the licensee shall, consistent with maintaining the total effective dose equivalent ALARA, increase monitoring and limit intakes by one or more of the following means— ( 1 ) Control of access;
( 2 ) Limitation of exposure times;
( 3 ) Use of respiratory protection equipment; or
( 4 ) Other controls.
( b ) If the licensee performs an ALARA analysis to determine whether or not respirators should be used, the licensee may consider safety factors other than radiological factors. The licensee should also consider the impact of respirator use on workers' industrial health and safety.
[64 FR 54556, Oct. 7, 1999]
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

_____________________ ___ No. 16

- 13221 Non

- Argument Calendar

________________________ D.C. Docket No. 1 : 15

- cv
- 01314

- ELR

RICHARD ADAMS , Plaintiff

- Appellant ,

versus AVERY NILES, Commissioner, L. GALE BUCKNER, Commissioner, AMY HOWELL, Commissioner, SARAH DRAPER, Deputy Commissioner, CLAY SEABOLT, De puty Commissioner, et al. , Defendant

- Appell ees
.

Case: 16-13221 Date Filed: 01/17/2017 Page: 1 of 22 ________________________ Appeal from the United States District Court for the Northern District of Georgia

________________ ________ (January 17, 2017)

Befo r e TJOFLAT , HULL and WILLIAM PRYOR , Circuit Judges.
PER CURIAM : We affirm the district court’s grant of the defendants’ motion to dismiss the plaintiff’s complaint on the basis of Georgia’s statute of limitations and Georgia’s

renew al statute, G a. Code Ann. § 9

- 2

- 6 , based on the district court’s thorough and
well

- reasoned order dated May 23, 2016

. AFFIRMED. Case: 16-13221 Date Filed: 01/17/2017 Page: 2 of 2
Case 2:06-cv-00785-MHT-WC Document 3 Filed 09/08/2006 Page 1 of 1
EX-35.12


(logo) WELLS FARGO

Corporate Trust Services

MAC R1204-010
9062 Old Annapolis Road
Columbia, MD 21045

Tel: 410 884 2000
Fax: 410 715 2380

Deutsche Mortgage & Asset Receiving Corporation
60 Wall Street
New York, NY 10005


RE:  Annual Statement of Compliance

The undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as
Certificate Administrator and Paying Agent for the Harmon Corner Loan
Combination (in such capacities, "Wells Fargo"), hereby certifies as follows as
of and for the year ending December 31, 2013 (the "reporting period"):

(a) A review of Wells Fargo's activities during the reporting period and of its
performance under the applicable servicing agreement(s) listed on Schedule A
hereto (the "Servicing Agreement(s)") has been made under my supervision; and

(b) To the best of my knowledge, based on such review, Wells Fargo has
fulfilled all of its obligations under the Servicing Agreement(s) in all
material respects throughout the reporting period, except as noted on Schedule
B.

March 26, 2014


/s/ Brian Smith
Brian Smith
Vice President


(page)


To:  Deutsche Mortgage & Asset Receiving Corporation

Schedule A


List of Servicing Agreement(s) and Series


1. Pooling and Servicing Agreement dated as of December 1, 2012, by and among
DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION, as Depositor, MIDLAND LOAN
SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as Master Servicer,
MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as Special
Servicer, and PARK BRIDGE LENDER SERVICES, LLC, as Operating Advisor and Wells
Fargo Bank, N.A. as Certificate Administrator, Paying Agent, Trustee and
Custodian relating to the Series COMM 2012-CCRE5 Commercial Mortgage
Pass-Through Certificates relating to the Harmon Corner Loan Combination, a
pari passu portion of which is included in the Series COMM 2013-LC6 Commercial
Mortgage Pass-Through Certificates transaction. ?


(page)


To:  Deutsche Mortgage & Asset Receiving Corporation

Schedule B


Material Non-Compliance with Servicing Obligations

Not Applicable
#### GREGSON, Respondent, v. INTERNATIONAL RY. CO et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

January 27, 1915.)

Action by Arthur Gregson against the International Railway Company and another.

PER CURIAM.

Judgment and order affirmed, with costs.

FOOTE, J., dissents.
###### Editorial Note on Part 51

#### Editorial Note:

Nomenclature changes to part 51 appear at 80 FR 74980, Dec. 1, 2015.

#### § 51.68 Environmental report—rulemaking.

Petitioners for rulemaking requesting amendments of parts 30, 31, 32, 33, 34, 35, 36, 39, 40 or part 70 of this chapter concerning the exemption from licensing and regulatory requirements of or authorizing general licenses for any equipment, device, commodity or other product containing byproduct material, source material or special nuclear material shall submit with the petition a separate document entitled “Petitioner's Environmental Report,” which shall contain the information specified in § 51.45.

[68 FR 58811, Oct. 10, 2003]
April 28, 2000

		QUARTERLY REPORT TO THE LIMITED PARTNERS
			OF DSI REALTY INCOME FUND IX


DEAR LIMITED PARTNERS:

We are pleased to enclose the Partnership's unaudited consolidated financial
statements  for  the  period  ended  March 31, 2000.  The  following  is
Management's  discussion  and  analysis  of  the  Partnership's  financial
condition  and  results  of  its  operations.

For the three month periods ended March 31, 2000 and 1999, total revenues
decreased 0.8% from $708,343 to $702,514 and total expenses decreased 3.7%
from $490,804 to $472,822.  Minority interest in income of real estate
joint venture increased 25.5% from $25,649 to $32,189.  As a result, net
income increased 2.9% from $191,890 to $197,503 for the three-month period
ended March 31, 2000, as compared to the same period in 1999.  The decrease
in revenue can be attributed to a decrease in rental income due to lower
occupancy levels, partially offset by higher unit rental rates.  Occupancy
levels for the Partnership's six mini-storage facilities averaged 79.4% for
the three month period ended March 31, 2000 as compared to 83.3% for the
same period in 1999.  The Partnership is continuing its marketing efforts
to attract and keep new tenants in its various mini-storage facilities.
Operating expenses decreased by approximately $21,300 (5.1%) primarily as
a result of decreases in maintenance and repair, workers compensation
insurance and power and sweeping expenses, partially offset by increases
in yellow pages advertising costs and salaries and wages expense.  Power
and sweeping expenses decreased as the substantial snow removal costs
in the prior year associated with the blizzard that hit Illinois, where
two of the Partnership's properties are located did not materialize in the
current year.  General and administrative expenses remained relatively
constant.

The General Partners plan to continue their policy of funding the continuing
improvements and maintenance of  Partnership properties with  cash generated
from operations.  The Partnership's  resources appear to be adequate to meet
its needs.  The  General  Partners  anticipate  distributions to the Limited
Partners to  remain at the  current  level  for  the  foreseeable  future.

We are not enclosing a copy of the Partnership Form 10-Q as filed with the
Securities and Exchange Commission since all the information set forth
therein is contained either in this letter or in the attached financial
statements. However, if you wish to receive a copy of said report, please
send a written request to DSI Realty Income Fund IX, P.O. Box 357, Long
Beach, California 90801.

                              Very truly yours,

                              DSI REALTY INCOME FUND IX
                              By: DSI Properties, Inc., as
                              General Partner



                              By  /s/ Robert J. Conway
                                  ____________________________
                                 ROBERT J. CONWAY, President
§ 1022.2 Purpose and scope. ( a ) This part establishes policy and procedures for discharging the Department of Energy's (DOE's) responsibilities under E.O. 11988 and E.O. 11990, including: ( 1 ) DOE policy regarding the consideration of floodplain and wetland factors in DOE planning and decisionmaking; and
( 2 ) DOE procedures for identifying proposed actions located in a floodplain or wetland, providing opportunity for early public review of such proposed actions, preparing floodplain or wetland assessments, and issuing statements of findings for actions in a floodplain.
( b ) To the extent possible, DOE shall accommodate the requirements of E.O. 11988 and E.O. 11990 through applicable DOE NEPA procedures or, when appropriate, the environmental review process under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 *et seq.*).
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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





The
undersigned hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the quarterly
report of United States Basketball League, Inc. on Form 10-Q for the quarterly
period ended May 31, 2009 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that the information
contained in such quarterly report on Form 10-Q fairly presents in all material
respects the financial condition and results of operation of United States
Basketball League, Inc.





Date:  July
14, 2009





/s/
      Daniel T. Meisenheimer, IIIDaniel
      T. Meisenheimer, IIIPresident





Date:  July
14, 2009





/s/
      Richard C. MeisenheimerRichard
      C. MeisenheimerChief
      Financial
Officer