alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
PGI 242.7100 General.       (1)  A voluntary refund may be solicited (requested by the Government) or unsolicited.          (i)  Generally, request voluntary refunds only after determining that no contractual remedy is readily available to recover the amount sought.          (ii)  Acceptance of unsolicited refunds does not prejudice remedies otherwise available to the Government.          (2)  Before soliciting a voluntary refund or accepting an unsolicited one, the contracting officer should have legal counsel review the contract and related data to—          (i)  Confirm that there are no readily available contractual remedies; and          (ii)  Advise whether the proposed action would jeopardize or impair the Government's rights.          (3)  Request voluntary refunds only when—          (i)  The contracting officer concludes that the contractor overcharged under a contract, or inadequately compensated the Government for the use of Government-owned property, or inadequately compensated the Government in the disposition of contractor inventory; and          (ii)  Retention of the amount in question by the contractor or subcontractor would be contrary to good conscience and equity.          (4)  Do not solicit voluntary refunds without approval of the head of the contracting activity, or as provided in department/agency regulations.          (5)  Voluntary refunds may be requested during or after contract performance.          (6)  A contract modification, rather than a check, is the preferred means of effecting a solicited or unsolicited refund transacted before final payment.          (i)  For modifications, adjust the price for the refund and credit the refund to the applicable appropriation cited in the contract.          (ii)  For checks—          (A)  Advise the contractor to—          *(1)*   Make the check payable to the agency that awarded the contract;          *(2)*  Forward the check to the contracting officer or, when the contract is assigned to another office for administration, to that office; and          *(3)*  Include a letter with the check—          *(i)*  Identifying it as a voluntary refund;          *(ii)*  Giving the contract number involved; and          *(iii)*  Where possible, giving the appropriation and account number to be credited; and          (B)  Forward the check to the office responsible for control of funds.    **Parent topic:** PGI 242.71 -VOLUNTARYREFUNDS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>  This schedule contains summary financial
information extracted from Balance Sheets and Statement of
Operations for the third quarter ended September 30, 1997
Form 10Q of Delphi Film Associates IV and is qualified in
its entirety by reference to such financial statements.
       
<S>                                           <C>
<PERIOD-TYPE>                          9-MOS
<FISCAL-YEAR-END>                      DEC-31-1997
<PERIOD-END>                           SEP-30-1997
<CASH>                                 183,000
<SECURITIES>                           1,348,000
<RECEIVABLES>                          1,008,000
<ALLOWANCES>                              0
<INVENTORY>                               0
<CURRENT-ASSETS>                          0
<PP&E>                                    0
<DEPRECIATION>                            0
<TOTAL-ASSETS>                         2,549,000
<CURRENT-LIABILITIES>                       0
<BONDS>                                   0
<COMMON>                                  0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<OTHER-SE>                             2,496,000
<TOTAL-LIABILITY-AND-EQUITY>           2,549,000
<SALES>                                   0
<TOTAL-REVENUES>                            45,000
<CGS>                                     0
<TOTAL-COSTS>                             0
<OTHER-EXPENSES>                                 227,000
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        0
<INCOME-PRETAX>                        (113,000)
<INCOME-TAX>                              0
<INCOME-CONTINUING>                       0
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                                    (113,000)
<EPS-PRIMARY>                                (14.00)
<EPS-DILUTED>                             0
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
REGISTRANT'S  10-QSB  AS FOR THE  QUARTER ENDED  SEPTEMBER 30,  2000 AND  IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000764867
<NAME>                        ITC Learning Corporation
<MULTIPLIER>                  1

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         246,819
<SECURITIES>                                         0
<RECEIVABLES>                                1,621,498
<ALLOWANCES>                                 (681,369)
<INVENTORY>                                     90,864
<CURRENT-ASSETS>                             2,448,668
<PP&E>                                       2,761,600
<DEPRECIATION>                             (2,314,795)
<TOTAL-ASSETS>                               9,256,509
<CURRENT-LIABILITIES>                        6,129,117
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       396,408
<OTHER-SE>                                   1,639,079
<TOTAL-LIABILITY-AND-EQUITY>                 9,256,509
<SALES>                                        823,436
<TOTAL-REVENUES>                               823,436
<CGS>                                          835,748
<TOTAL-COSTS>                                1,974,175
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                15,000
<INTEREST-EXPENSE>                             228,647
<INCOME-PRETAX>                            (1,958,554)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,958,554)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,958,554)
<EPS-BASIC>                                     (0.50)
<EPS-DILUTED>                                   (0.50)



</TABLE>
#### In the Matter of the Claim of Joseph A. Bonaventura, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Greenblott, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, filed August 1, 1968, which suspended the accumulation of benefit rights by claimant during a period of seven consecutive weeks effective October 3, 1967, on the ground he lost his employment because of an industrial controversy in the establishment in which he was employed (Labor Law, § 592, subd. 1). Appellant was employed as a truck driver for a contractor in the road construction business. The board found that appellant lost his employment as a result of a strike by “ operating engineers employed at all of the road construction job sites in which the employer was engaged in construction work ”, Subdivision 1 of section 592 provides, with respect to unemployment stemming from an “industrial controversy ”, that benefits are suspended for the first seven weeks or until “the day after such strike, lockout or other industrial controversy [is] terminated ”, whichever is sooner. The purpose of this section is clear and unambiguous. “It governs *all*eases of unemployment resulting from a strike or other industrial controversy”. *(Matter of Heitzenrater [Hooker Chem.*Corp.— Catherwood], 19 N Y 2d 1, 8; [emphasis supplied].) " Suspension under section 592 demands proof neither of individual participation in or financial aid to the industrial controversy nor interest in its outcome.” *(Matter of Ferrara*[Catherwood], 10 N Y 2d 1, 8.) The record supports the board’s determination that appellant’s unemployment resulted from the strike by the operating engineers. Decision affirmed, without costs. Gibson, P. J., Reynolds, Staley, Jr., and Greenblott, JJ., concur in memorandum by Greenblott, J.; Aulisi, J., not voting.
#### MAHNKEN BUILDING MATERIAL CO., Respondent, v. LONG ISLAND R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

July 31, 1914.)

Action by the Mahnken Building Material Company against the Long Island Railroad Company.

No opinion. Judgment and order of the County Court of Queens County reversed, and new trial ordered, costs to abide the event, upon the ground that the evidence does not show that- the defendant’s servants did not make all reasonable effort" to stop the train after discovering that the plaintiff’s driver unduly delayed removing his trespassing truck from, the defendant’s trac*k.*
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 374 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 374

Recognizing the 75th anniversary of the death of Glenn Hammond Curtiss 
   and supporting the establishment of Glenn Hammond Curtiss Day to 
              recognize his innovative spirit and legacy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2005

     Mr. Kuhl of New York (for himself, Mr. Boehlert, Mr. Lewis of 
California, Mr. McCaul of Texas, Mr. English of Pennsylvania, Mr. Davis 
of Kentucky, Mr. Brown of South Carolina, Mr. Simmons, Mr. Graves, Mr. 
   Doolittle, Mr. Shuster, Ms. Millender-McDonald, Mr. Calvert, Mr. 
 Aderholt, Mr. Lewis of Georgia, Mr. Duncan, Mr. Fossella, Mr. Walsh, 
Ms. Ginny Brown-Waite of Florida, Mr. Westmoreland, Mr. Sherwood, Mrs. 
Drake, Mr. Kirk, Mr. Manzullo, Mr. Price of Georgia, Mr. Marchant, Mr. 
 Holden, Mr. Conaway, Mr. Case, Mr. Higgins, Mr. Boustany, Mr. Engel, 
  Mrs. Kelly, Mr. Jenkins, Mr. Kennedy of Minnesota, Mr. Salazar, Mr. 
 Reynolds, Mr. King of New York, Mr. Sweeney, Mr. Hall, Miss McMorris, 
Mr. Pombo, Mr. Ehlers, Mr. Garrett of New Jersey, and Ms. Corrine Brown 
 of Florida) submitted the following resolution; which was referred to 
                   the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
Recognizing the 75th anniversary of the death of Glenn Hammond Curtiss 
   and supporting the establishment of Glenn Hammond Curtiss Day to 
              recognize his innovative spirit and legacy.

Whereas Glenn Hammond Curtiss was born in Hammondsport, New York, in 1878;
Whereas, in 1907, Glenn Hammond Curtiss became the fastest man on earth by 
        attaining the speed of 136 miles per hour on a motorcycle;
Whereas Glenn Hammond Curtiss developed the first successful seaplane, and he 
        manufactured the famous Curtiss JN-4D (commonly known as the ``Jenny''), 
        a training plane used during World War I;
Whereas, in 1911, Glenn Hammond Curtiss became known as the father of naval 
        aviation, and, by 1921, he was considered the founder of the American 
        aircraft industry; and
Whereas July 23, 2005, is the 75th anniversary of the death of Glenn Hammond 
        Curtiss: Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) recognizes the historical significance of the 75th 
        anniversary of the death of Glenn Hammond Curtiss; and
            (2) supports the establishment of Glenn Hammond Curtiss Day 
        to recognize the innovative spirit and legacy of Glenn Hammond 
        Curtiss, his willingness to work for the common good, and his 
        contributions to motorcycle design and racing, to naval 
        aviation, and to the American aircraft industry.
                                 <all>
```
Exhibit 4.1 - Sample Stock Cert



Exhibit 4.1


GOLD ROCK RESOURCES INC.

INCORPORATED UNDER THE LAWS OF THE STATE OF NEVADA 

AUTHORIZED SHARES $0.00001 PAR VALUE



	
NUMBER 
	
SHARES

CUSIP 

See Reverse

For Certain Definitions






THIS CERTIFIES THAT


Is The Owner of


FULLY PAID AND NON-ASSESSABLE SHARES OF $0.00001 PAR VALUE COMMON STOCK OF


GOLD ROCK RESOURCES INC.


Transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed.  This Certificate is not valid unless countersigned by the Transfer Agent and registered by the Registrar. 


IN WITNESS WHEREOF, the said Company has caused this Certificate to be executed by the facsimile signatures of its duly authorized officers and to be sealed with the facsimile seal of the Company.


	

Dated:

	

 

	

_______________________
	

 
	

_________________________

	

Secretary
	

SEAL
	

President







 

 

 

 





GOLD ROCK RESOURCES INC.


TRANSFER FEE: $20.00 PER NEW CERTIFICATE ISSUED


The following abbreviations when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable law or regulations:


TEN COM - as tenants in common

TEN ENT - as tenants by the entireties

JT TEN - as joint tenants with right of survivorship and not as tenants in common

UNIF GIFT MIN ACT - __________ Custodian ___________ (Minor) under Uniform Gifts to Minors

Act ____________ (State)


Additional abbreviations may also be used though not in the above list.


For Value Received, _________________ hereby sell, assign and transfer unto _______________ (Please

insert Social Security or other identifying number of Assignee).

_________________________________________________________________

(Please print or typewrite name and address, including zip code of Assignee)

_________________________________________________________________

_________________________________________________________________

__________________________________________________________ Shares of the Common Stock

represented by the within Certificate, and do hereby irrevocably constitute and appoint

_______________________ attorney-in-fact to transfer the said stock on the books of the within-named

Corporation, with full power of substitution in the premises.


Dated: _________________


_____________________________________________

Notice: The signatures to this Assignment must correspond with the name(s) as written upon the face of the certificate in every particular, without alteration or enlargement or any change whatsoever.










Signature(s) Guaranteed:


___________________________

The signature(s) must be guaranteed by an eligible guarantor institution (Banks, Stockbrokers, Savings

and Loan Associations and Credit Unions with membership in an approved signature guarantee Medallion

Program), pursuant to S.E.C. Rule 17Ad-15.


 

 

 

 

 

 - 2 -
#### James Kelly HAYNES *v.*STATE of Arkansas

CR 07-407

257 S.W.3d 79

Supreme Court of Arkansas

Opinion delivered May 10, 2007

*J.F. Atkinson,*for appellant.

*Dustin McDaniel,*Att’y Gen., by: *Laura Shue,*Ass’t Att’y Gen., for appellee.

*52Per Curiam. Appellant,

James Kelly Haynes, by and through his attorney, has filed a motion for rule on clerk. His attorney, J.F. Atkinson, states in the motion that the record was tendered late due to a mistake on his part.

This court clarified its treatment of motions for rule on clerk and motions for belated appeals in *McDonald v. State,*356 Ark. 106, 146 S.W.3d 883 (2004). There we said that there are only two possible reasons for an appeal not being timely perfected: either the party or attorney filing the appeal is at fault, or, there is “good reason.” *McDonald v. State,*356 Ark. at 116, 146 S.W.3d at 891. We explained:

> Where an appeal is not timely perfected, either the party or attorney filing the appeal is at fault, or there is good reason that the appeal was not timely perfected. The party or attorney filing the appeal is therefore faced with two options. First, where the party or attorney filing the appeal is at fault, fault should be admitted by affidavit filed with the motion or in the motion itself. There is no advantage in declining to admit fault where fault exists. Second, where the party or attorney believes that there is good reason the appeal was not perfected, the case for good reason can be made in the motion, and this court will decide whether good reason is present.

*Id.,*146 S.W.3d at 891 (footnote omitted). While this court no longer requires an affidavit admitting fault before we will consider the motion, an attorney should candidly admit fault where he has erred and is responsible for the failure to perfect the appeal.1
      *See id.*

In accordance with *McDonald v. State, supra,*Mr. Atkinson has candidly admitted fault. The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

Motion granted.

Five days after Mr. Atkinson filed a motion for rule on clerk, James Kelly Haynes also tendered a pro se motion for rule on clerk. Because we grant Mr. Atkinson’s motion for rule on clerk, Mr. Haynes’s later motion is moot.
ex10-42.htm


    EXHIBIT
10.42

     

    
      First
Amendment

      To

      Change
of Control and Severance Benefits Agreement

      


      This
First Amendment (the
“First Amendment”) to Change of Control and Severance Benefits Agreement is made this 27h day
of September, 2008, by and between ImageWare Systems, Inc., a Delaware
corporation (the “Company”), on the one hand, and David Harding, Vice President
of Engineering and Chief Technical Officer, on the other hand (the “Executive”).
 

                          

      WHEREAS, the Company and the
Executive entered into a Change of Control and Severance Benefits Agreement
dated as of May 21, 2007 (the “Severance Agreement”); and

      


      WHEREAS, the Executive
continues to perform valuable services for the Company and the Company desires
to assure itself of the continuing services of Executive; and

      


      WHEREAS, in consideration of
the foregoing and in order to amend the terms of the Agreement and to provide
for the continued services of the Executive in accordance with the present
intent of the Company and the Executive.

      


      NOW THEREFORE, in
consideration of the foregoing and for other good and valuable consideration,
receipt of which is hereby acknowledged, and in further consideration of the
mutual covenants contained in the Severance Agreement, the parties do hereby
agree that the Severance Agreement is hereby amended as follows:

      


      Section “2. Term of
Agreement”  strike the
language “continue until the second anniversary of the Effective Date” and
replace it with “continue until June 30, 2009”.

      


      


      


      


      _________________________________                                                              _________________________________

      


              ImageWare
Systems,
Inc.                                                                                     David
Harding
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

HAROLD MOSS, #170262, )

)

Plaintiff, )

)

v. ) CASE NO. 2:06-CV-784-MEF 

) (WO)

OFFICER CASEY, et al., )

)

 Defendants. )

ORDER

The Magistrate Judge filed a Recommendation (Doc. #15) in this case to which no

timely objections have been filed. After a review of the Recommendation, and after an

independent review of the entire record, the Court believes that the Recommendation should

be adopted. Accordingly, it is 

ORDERED that the RECOMMENDATION (Doc. #15) of the Magistrate Judge is

ADOPTED and this case is DISMISSED without prejudice for failure of Plaintiff to comply

with the orders of this Court. 

DONE this the 2 day of September, 2008. nd

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00784-MEF-WC Document 16 Filed 09/02/2008 Page 1 of 1
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear at 77 FR 39904, July 6, 2012.

§ 4.336 Compliance procedure. ( a ) NRC may enforce the Act and these regulations through— ( 1 ) Termination of a recipient's Federal financial assistance from NRC under the program or activity involved where the recipient has violated the Act or these regulations. The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an administrative law judge. Therefore, cases that are settled in mediation, or prior to a hearing, will not involve termination of a recipient's Federal fiancial assistance from NRC.
( 2 ) Any other means authorized by law including but not limited to— ( i ) Referral to the Department of Justice for proceedings to enforce any rights of the United States or obligations of the recipients created by the Act or these regulations.
( ii ) Use of any requirement of or referral to any Federal, State, or local government agency that will have the effect of correcting a violation of the Act or these regulations.
( b ) NRC will limit any termination under § 4.336(a)(1) to the particular recipient and particular program or activity NRC finds in violation of Act or these regulations. NRC will not base any part of a termination on a finding with respect to any program or activity of the recipient that does not receive Federal financial assistance from NRC.
( c ) NRC will take no action under paragraph (a) until— ( 1 ) The Commission, or designee, has advised the recipient of its failure to comply with the Act or these regulations and has determined that voluntary compliance cannot be obtained.
( 2 ) 30 days have elapsed after the Commission, or designee, has sent a written report of the circumstances and grounds of the action to the committees of the Congress having legislative jurisdiction over the program or activity involved. A report will be filed whenever any action is taken under paragraph (a) of this section.
( d ) NRC also may defer granting new Federal financial assistance to a recipient when termination proceedings under § 4.336(a)(1) are initiated. ( 1 ) New Federal financial assistance includes all assistance for which NRC requires an application or approval, including renewal or continuation of existing activities or authorization of new activities, during the deferral period. New Federal financial assistance does not include increases in funding as a result of change computation of formula awards or assistance approved prior to the beginning of termination proceedings under § 4.336(a)(1).
( 2 ) NRC will not begin a deferral until the recipient has received a notice of an opportunity for a hearing under § 4.336(a)(1). NRC will not continue a deferral for more than 60 days unless a hearing has begun within that time or the time for beginning the hearings has been extended by mutual consent of the recipient and NRC. NRC will not continue a deferral for more than 30 days after the close of the hearing, unless the hearing results in a finding against the recipient.
[52 FR 25358, July 7, 1987, as amended at 68 FR 51345, Aug. 26, 2003]