alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Yun-Shou Gao et al., Appellants, v City of New York et al., Respondents.

[814 NYS2d 523]

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered December 8, 2005, which denied plaintiffs’ motion for partial summary judgment on the issue of defendants’ liability under Labor Law § 240 (1), unanimously affirmed, without costs.

The motion was made before any disclosure had been conducted and was properly denied in the circumstances presented *(see*CPLR 3212 [f]; *McGlynn v Palace Co., 262*AD2d 116 [1999]). Our affirmance is without prejudice to plaintiffs’ renewal of the motion after completion of disclosure *(see id.).*Concur—Friedman, J.P., Sullivan, Williams, Sweeny and McGuire, JJ.
Subpart 2814.4 - Opening of Bids and Award of Contract    **Parent topic:** PART 2814 - SEALED BIDDING2814.404 Rejection of bids.2814.404-1 Cancellation of invitations after opening.       The HCA or designee is the agency head for the purposes of FAR 14.404-1(c), (e)(1), and (f).2814.407 Mistakes in bids.2814.407-3 Other mistakes disclosed before award.       (a) The authority to make determinations under paragraphs (a), (b), (c), and (d) of FAR 14.407-3 is delegated to the HCA, or designee at a level at or above the chief of the contracting office. The HCA or designee shall seek the advice of legal counsel before making any determinations.          (b) The following procedures shall be followed when submitting cases of mistakes in bids to the Comptroller General for an advance decision.          (1) Requests for advance decisions submitted to the Comptroller General in cases of mistakes in bids shall be made by the HCA, or designee.          (2) Requests for advance decisions shall be in writing, dated, signed by the requestor, addressed to the Comptroller General of the United States, General Accounting Office, Washington, DC 20548, and contain the following:          (i) The name and address of the party requesting the decision;          (ii) A statement of the question to be decided, a presentation of all relevant facts, and a statement of the requesting party's position with respect to the question; and,          (iii) Copies of all pertinent records and supporting documentation.2814.407-4 Mistakes after award.       The authority to make determinations under FAR 14.407-4 is delegated to the HCA. The HCA may re-delegate this authority at a level at or above the chief of the contracting office. The determination must be coordinated with the contracting activity's legal counsel.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 573 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
H. RES. 573

   Calling on the President to work toward equitable, constructive, 
   stable, and durable Armenian-Turkish relations based upon the two 
countries' common interests and the United States' significant security 
                        interests in the region.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 2017

 Mr. Stivers (for himself, Mr. Cohen, and Mr. Sessions) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                                Affairs

_______________________________________________________________________

                               RESOLUTION

 
   Calling on the President to work toward equitable, constructive, 
   stable, and durable Armenian-Turkish relations based upon the two 
countries' common interests and the United States' significant security 
                        interests in the region.

Whereas the United States has had longstanding, positive relations with both the 
        Republic of Turkey and the Republic of Armenia, and it is in the 
        national interest of the United States to promote improved relations 
        between the countries;
Whereas on October 10, 2009, the Foreign Ministers of Turkey and Armenia signed 
        protocols to establish good neighborly relations and develop bilateral 
        cooperation, including a joint study of their common history, at a 
        ceremony that was attended and supported by representatives of the 
        United States, France, and Russia; and
Whereas attempts by the United States to support Turkish-Armenian dialogue and 
        the normalization of diplomatic relations between the two countries have 
        not been successful thus far: Now, therefore, be it
    Resolved, That the House of Representatives calls on the President 
to work toward equitable, constructive, stable, and durable Armenian-
Turkish relations, based upon the two countries' common interests and 
the United States' significant security interests in the region.
                                 <all>
```
§ 50.5 Deliberate misconduct. ( a ) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not: ( 1 ) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or
( 2 ) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
( b ) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
( c ) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: ( 1 ) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or
( 2 ) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.
[63 FR 1897, Jan. 13, 1998]
**UNITED STATES**  **ENVIRONMENTAL PROTECTION**  **AGENCY REGION**  **IX 75**  **Hawthorne Street**  **San Francisco,**  **CA 94105**  **September 30,**  **2016 Mexican**  **Water Chapter,**  **Navajo Nation**  **Reservation Red**  **Mesa TP** **#1019, HC**  **61 Box**  **38 TeecNosPos,**  **AZ 86514**  **ATTN: Martha**  **Saggboy** 

### Subject: **Request to** **retain public**  **documents at** **the Mexican**  **Water Chapter** **for public** 

**inspection Dear** **Ms. Saggboy:**  **The purpose**  **of this**  **letter is**  **to request**  **that the**  **Mexican Water**  **Chapter of** **the Navajo**  **Nation Reservation**  **retain the**  **enclosed package**  **at the**  **library for**  **at least**  **sixty (60)**  **days for** **public inspection.**  **The package**  **consists of** **documents related**  **to the**  **United States**  **Environmental Protection**  **Agency's final**  **decision on**  **the Clean**  **Air Act**  **Prevention of** **Significant Deterioration**  **amendment permit**  **for the**  **McElmo Creek**  **Unit Oil**  **Production Facility**  **on the**  **Navajo Nation**  **Indian Reservation**  **near the**  **city of** **Aneth, San**  **Juan County,**  **Utah. We**  **would greatly**  **appreciate your**  **assistance for**  **making these** **documents available**  **to the**  **general public.**  **Please contact**  **me at**  **(415) 947-4156**  **or r9airpermits@epa.gov**  **if you**  **have any**  **questions.**

**Enclosure Sincerely,** 



# �M

**Shaheerah Kelly**  **Environmental Engineer**  **Permits Office,**  **Air Division**
Exhibit 32.1
 
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
 
 I, Leslie J. Kessler, Chief Executive Officer of PureSafe Water Systems, Inc. (the “Registrant”), hereby certify that the Form 10-Q of PureSafe Water Systems, Inc. for the fiscal quarter ended June 30, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
 
 Date:  August 16, 2010
/s/ Leslie J. KesslerLeslie J. KesslerChief Executive Officer
§ 603.645 Periodic audits and award-specific audits of for-profit participants. The contracting officer needs to consider requirements for both periodic audits and award-specific audits (as defined in § 603.1295 and § 603.1220, respectively). The way that an expenditure-based TIA addresses the two types of audits will vary, depending upon the type of for-profit participant. ( a ) For for-profit participants that are audited by the DCAA or other Federal auditors, as described in §§ 603.650(b) and 603.655, specific requirements for periodic audits need not be added because the Federal audits should be sufficient to address whatever may be needed. The inclusion in the TIA of the standard access-to-records provision for those for-profit participants, as discussed in § 603.910(a), gives the necessary access in the event that the contracting officer later needs to request audits to address award-specific issues that arise.
( b ) For each other for-profit participant, the contracting officer: ( 1 ) Should require that the participant have an independent auditor (i.e., the DCAA or an independent public accountant (IPA)) conduct periodic audits of its systems if it expends $500,000 or more per year in TIAs and other Federal assistance awards. A prime reason for including this requirement is that the Federal Government, for an expenditure-based award, necessarily relies on amounts reported by the participant's systems when it sets payment amounts or adjusts performance outcomes. The periodic audit provides some assurance that the reported amounts are reliable.
( 2 ) Must ensure that the award provides an independent auditor the access needed for award-specific audits, to be performed at the request of the contracting officer if issues arise that require audit support. However, consistent with the government-wide policies on single audits that apply to nonprofit participants (see § 603.665), the contracting officer should rely on periodic audits to the maximum extent possible to resolve any award-specific issues.
§ 1042.110 Remedial and affirmative action and self-evaluation. ( a ) *Remedial action.* If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the designated agency official deems necessary to overcome the effects of such discrimination.
( b ) *Affirmative action.* In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation therein by persons of a particular sex. Nothing in these Title IX regulations shall be interpreted to alter any affirmative action obligations that a recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
( c ) *Self-evaluation.* Each recipient education institution shall, within one year of February 20, 2001: ( 1 ) Evaluate, in terms of the requirements of these Title IX regulations, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient's education program or activity;
( 2 ) Modify any of these policies and practices that do not or may not meet the requirements of these Title IX regulations; and
( 3 ) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted or may have resulted from adherence to these policies and practices.
( d ) *Availability of self-evaluation and related materials.* Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section.
§ 50.41 Additional standards for class 104 licenses. In determining that a class 104 license will be issued to an applicant, the Commission will, in addition to applying the standards set forth in § 50.40 be guided by the following considerations: ( a ) The Commission will permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes.
( b ) The Commission will permit the conduct of widespread and diverse research and development.
( c ) [Reserved]
[21 FR 355, Jan. 19, 1956, as amended at 35 FR 19660, Dec. 29, 1970; 73 FR 44620, July 31, 2008]
5501.403 Individual Deviations.

(1) See approval requirements in 5501.304 Agency control and compliance procedures. 5501.304

Agency control and compliance procedures.

Parent topic: Subpart 5501.4 - DEVIATIONS FROM THE FAR
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CALVIN FLUKER, et al., )

)

Plaintiffs, )

) CIVIL ACTION NO.

v. ) 2:06cv785-MHT

) 

U.S. FOODSERVICE, INC., )

and U.S. FOODSERVICE, )

INC.- Montgomery Division, )

)

Defendant. )

ORDER

It is ORDERED that the motion to sever (doc. no. 9)

is set for submission, without oral argument, on October

17, 2006, with all briefs due by said date.

DONE, this the 10th day of October, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00785-MHT-WC Document 10 Filed 10/10/2006 Page 1 of 1
#### Harold R. Clune, Inc., Respondent, v Healthco Medical Supply (Healthco, Inc.), Appellant.

Appeal from an order of the Supreme Court at Special Term, entered September 19, 1979 in Schenectady County, which granted a motion by plaintiff for summary judgment on an action for account stated, and which severed defendant’s counterclaim for damages. Plaintiff sues to recover the sum of $6,681.71. The cause of action, based on the theory of an account stated, alleges that plaintiff delivered to defendant an account for goods and services sold and delivered in December of 1976, which it asserts was accepted by the defendant without objection. Defendant’s answer denied the allegations of the complaint and sets forth two affirmative defenses and counterclaims for damages in the amount of $9,145.32, alleging that the goods supplied were defective. Defendant contends that it objected verbally to the account rendered as soon as it discovered the defects, which was shortly after the account was rendered. In opposition to plaintiff’s motion for summary judgment, defendant contends that an issue of fact exists, precluding summary relief. We agree. Defendant asserts that it refused to pay until all defects were remedied and the account adjusted to reflect defendant’s losses due to plaintiff’s negligence. In granting plaintiff’s motion for summary judgment, Special Term accepted plaintiff’s theory that, as a matter of law, the account was stated. In determining whether an account stated exists, there must be a mutual agreement between the parties as to the correctness of the balance due. “The minds of the parties must meet upon the allowance of each item or claim allowed, and *915upon the disallowance of each item or claim rejected. They must mutually concur upon the final adjustment, and nothing short of this in substance will fix and adjust their respective demands as an account stated” *(Lockwood u Thorne,*18 NY 285,288). Defendant, in its pleadings and the affidavit of Jim Ohlsen, has asserted that it made timely oral objection to the account rendered on the basis of defects in the goods and services provided by plaintiff. Special Term implied in its decision that oral objections would not be sufficient. However, the Court of Appeals in *Lockwood v Thorne (supra),*clearly held that evidence of oral objection to an account rendered is relevant and competent to rebut an inference of an agreement by acquiescence *(Lockwood v Thorne, supra,*p 291; see, also, *James Talcott, Inc. v United States Tel. Co.,*52 AD2d 197). Accordingly, the order should be reversed and plaintiff’s motion denied. Order reversed, on the law, with costs, and plaintiff’s motion for summary judgment denied. Greenblott, J. P., Main, Mikoll, Casey and Herlihy, JJ., concur.
§ 603.1100 Contracting officer's post-award responsibilities. Generally, the contracting officer's post-award responsibilities are the same responsibilities as those for any cooperative agreement. Responsibilities for a TIA include: ( a ) Participating as the business partner to the DOE program official to ensure the Government's substantial involvement in the RD&D project. This may involve attendance with program officials at kickoff meetings or post-award conferences with recipients. It also may involve attendance at the consortium management's periodic meetings to review technical progress, financial status, and future program plans.
( b ) Tracking and processing of reports required by the award terms and conditions, including periodic business status reports, programmatic progress reports, and patent reports.
( c ) Handling payment requests and related matters. For a TIA using advance payments, that includes reviews of progress to verify that there is continued justification for advancing funds, as discussed in § 603.1105(b). For a TIA using milestone payments, it includes making any needed adjustments in future milestone payment amounts, as discussed in § 603.1105(c).
( d ) Making continuation awards for subsequent budget periods, if the agreement includes separate budget periods. See 10 CFR 600.26(b). Any continuation award is contingent on availability of funds, satisfactory progress towards meeting the performance goals and milestones, submittal of required reports, and compliance with the terms and conditions of the award.
( e ) Coordinating audit requests and reviewing audit reports for both single audits of participants' systems and any award-specific audits that may be needed, as discussed in §§ 603.1115 and 603.1120.
( f ) Responding, after coordination with program officials and intellectual property counsel, to recipient requests for permission to assign or license intellectual property to entities that do not agree to manufacture substantially in the United States, as described in § 603.875(b). Before granting approval for any technology, the contracting officer must secure assurance that any such assignment is consistent with license rights for Government use of the technology, and that other conditions for any such transfer are met.
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**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Steven C. Bierman, certify that:

 

1.                                      I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of CNH Equipment Trust 2012-D (the “Exchange Act periodic reports”);

 

2.                                      Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.                                      Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.                                      I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.                                      All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Deutsche Bank Trust Company Americas.

 

----

 

March 28, 2013

 

 
|   | By:    | /s/   Steven C. Bierman                                          |
|--------|--------|------------------------------------------------------------------|
|   | Name:  | Steven   C. Bierman                                              |
|   | Title: | President   (senior officer in charge of the servicing function) |

 

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