alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014448EN.01003801.xml

| 15.12.2014 | EN | Official Journal of the European Union | C 448/38 |
| --- | --- | --- | --- |

15.12.2014

EN

Official Journal of the European Union

C 448/38

---

Judgment of the Civil Service Tribunal (Second Chamber) of 6 November 2014 — DH v Parliament

(Case F-4/14) (1)

1

((Civil service - Probationary official - Article 34 of the Staff Regulations - Probation report establishing the obvious inadequacy of the probationary official - Extension of the probationary period - Reassignment - Dismissal at the end of the probationary period - Conditions under which the probationary period progressed - Professional incompetence - Duty of care - Principle of sound administration))

(2014/C 448/47)

Language of the case: French

Parties

Parties

Applicant: DH (represented by: A. Salerno and B. Cortese, lawyers)

Applicant:

Defendant: European Parliament (represented by: S. Alves and M. Ecker, Agents)

Defendant:

Re:

Re:

Application to annul the decision to dismiss the applicant at the end of the probationary period.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders DH to bear his own costs and to pay the costs incurred by the European Parliament. |
| --- | --- |

2.

Orders DH to bear his own costs and to pay the costs incurred by the European Parliament.

---

(1)  OJ C 61, 1/3/2014, p. 22.

1

---
#### § 558.430 Nystatin.

(a) *Specifications.* Type A medicated article containing 20 grams of nystatin activity per pound.

(b) *Sponsor.* See No. 054771 in § 510.600(c) of this chapter.

(c) *Related tolerances.* See § 556.470 of this chapter.

(d) *Conditions of use* —

| Amount in grams/ton | Indications for use | Limitations | Sponsor |
| --- | --- | --- | --- |
| (1) 50 | Growing and laying chickens and growing turkeys: As an aid in the control of crop mycosis and mycotic diarrhea (*Candida albicans*) | | 054771 |
| (2) 100 | Growing and laying chickens and growing turkeys: For the treatment of crop mycosis and mycotic diarrhea (*Candida albicans*) | To be fed for 7 to 10 days | 054771 |

[41 FR 11002, Mar. 15, 1976, as amended at 51 FR 7399, Mar. 3, 1986; 52 FR 2686, Jan. 26, 1987; 53 FR 40729, Oct. 18, 1988; 55 FR 8461, Mar. 8, 1990; 57 FR 8578, Mar. 11, 1992; 79 FR 13545, Mar. 11, 2014; 85 FR 45310, July 28, 2020]
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

February 6, 2013

p0130

Order 

February 6, 2013

145828

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 145828

COA: 307496

Oakland CC: 1994-133674-FC

GARY L. MORRIS,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the August 27, 2012 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J., would grant leave to appeal.
# EUR-Lex - 31986D0356 - EN

Avis juridique important

*|*

# 31986D0356

**86/356/EEC: Council Decision of 21 July 1986 authorizing the United Kingdom to apply flat-rate measures in respect of the non-deductible value added tax charged on fuel expenditure in company cars **

*
Official Journal L 212 , 02/08/1986 P. 0035 - 0035 *

*****

COUNCIL DECISION

of 21 July 1986

authorizing the United Kingdom to apply flat-rate measures in respect of the non-deductible value added tax charged on fuel expenditure in company cars

(86/356/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), as last amended by Directive 84/386/EEC (2), and in particular Article 27 thereof,

Having regard to the proposal from the Commission,

Whereas, under the terms of Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from the provisions of that Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;

Whereas the United Kingdom has requested authorization to introduce a special measures designed to determine on a flat-rate basis the proportion of value added tax relating to expenditure on fuel used for private purposes in company cars; whereas that measure derogates from Articles 5 (6) and 17 (6) of Directive 77/388/EEC;

Whereas it is appropriate to accede to this request subject to certain conditions,

HAS ADOPTED THIS DECISION:

Article 1

The United Kingdom is hereby authorized to fix on a flat-rate basis the proportion of value added tax relating to expenditure on fuel used for private purposes in company cars.

Article 2

For a transitional period, the proportion of the tax referred to in Article 1 may be expressed in fixed amounts determined according to engine capacity or type of vehicle. These fixed amounts shall be adjusted annually in line with changes in the average cost of fuel.

Article 3

Where Article 2 is applied, the United Kingdom shall communicate to the Commission annually the following information, broken down by vehicle category:

1. The average cost of fuel per kilometre.

2. The average distance covered per vehicle each year on private journeys.

3. An estimate of the number of vehicles affected by this Decision.

The system which has been set up will be reviewed on the basis of this information and taking account of the harmonization of expenditure not eligible for a deduction of value added tax envisaged in Article 17 (6) of Directive 77/388/EEC.

Article 4

This Decision shall apply from 23 March 1986.

Article 5

This Decision is addressed to the United Kingdom.

Done at Brussels, 21 July 1986.

For the Council

The President

G. HOWE

(1) OJ No L 145, 13. 6. 1977, p. 1.

(2) OJ No L 208, 3. 8. 1984, p. 58.
Exhibit








EX-10.2



April 24, 2017
Eric D. Ashleman
c/o IDEX Corporation
1925 West Field Court, Suite 200, 
Lake Forest, IL  60045-4824


Re:  Amendment of Letter Agreement Dated February 12, 2014


Dear Eric:


This letter agreement will confirm an amendment to the letter agreement (“Letter Agreement”) dated February 12, 2014 between you and IDEX Corporation (“IDEX”).  


The Letter Agreement is amended by deleting the fourth bullet point provisions, which provide for payments due to you if your employment with IDEX is terminated without cause, and such provisions will no longer be in effect.  


You and IDEX hereby agree to the addition of the following provisions to the Letter Agreement:


		
	•
	If, in the future, your employment with IDEX Corporation is terminated, without cause (“cause” defined as willful misconduct or fraudulent behavior), IDEX will pay you twelve (12) months base salary at the then current monthly base rate plus your targeted annual incentive bonus in exchange for you signing, and not revoking, an IDEX-standard Severance Agreement & General Release Agreement.  These payments are subject to tax withholdings and deductions.  Such benefit will not be applicable in the event of your voluntary termination.  




Please indicate your acceptance of these provisions below.


Best regards, 


/s/ JEFFREY D. BUCKLEW


Jeffrey D. Bucklew
SVP, Chief Human Resources Officer 
IDEX Corporation 
1925 West Field Court
Suite 200
Lake Forest, IL 60045


	
			
	April 24, 2017
	 
	/s/ ERIC D. ASHLEMAN

	Date
	 
	Acceptance of Provisions

	 
	 
	Eric D. Ashleman
Exhibit



Exhibit 10.2










Supplemental Performance-Based Cash Retention Bonus Plan


January 2017


This program applies to specified Salon Support employees identified by the Board of Directors in January 2017. These participants have the opportunity to earn up to their individual “Max Award” based on the Company’s performance against a specific goal for the period ended January 1, 2017 to June 30, 2018 (the “Performance Period”). 


Specifically, the performance measures and goals are as follows:
	
				
	Performance Measure
	Performance Towards Goal
	Cash Award

	 
	 
	

Participant’s Max Award

	 

	 
	75% of Max Award

	 
	50% of Max Award

	 
	25% of Max Award

	 
	0






If the actual amount of the Performance Measure for the Performance Period is between the numbers shown, the resulting cash award will be interpolated. 


Cash awards will be paid approximately August 2018. 


If a participant ceases employment during the Performance Period or before cash payment is received, due to involuntary termination by the Company without cause (including terminating for Good Reason) or due to death or disability, the participant shall receive a cash award based on the Company’s actual performance against the Performance Goal, paid after completion of the performance period at approximately the same time as cash awards under this plan are paid to participants who remain employees, subject to execution of a customary release of claims. Such award shall not be prorated to reflect the participant’s termination of employment. Any such payment shall be in addition to and not replace any other severance payments or benefits to which the participant may be entitled.  


Amounts paid under this plan are separate from and do not replace or change the Company’s Annual Incentive (Bonus) Plan.
ARNOLD I. WATKINS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-695

_____________________________/

Opinion filed February 4, 2015.

An appeal from the Circuit Court for Duval County.

James H. Daniel, Judge.

Alvin E. Entin and Joseph E. Somake of Entin & Della Fera, P.A., Fort Lauderdale, 

for Appellant.

Pamela Jo Bondi, Attorney General, and Kristen Lynn Bonjour, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

PADOVANO, MARSTILLER, and OSTERHAUS, JJ., CONCUR.
§ 520.929 Firocoxib solution. ( a ) *Specifications.* Each milliliter of solution contains 9 milligram (mg) firocoxib.
( b ) *Sponsors.* See No. 051072 in § 510.600(c) of this chapter.
( c ) *Conditions of use in horses* — ( 1 ) *Amount.* Administer 0.1 mg per kilogram (0.045 mg per pound) of body weight once daily for up to 14 days.
( 2 ) *Indications for use.* For the control of pain and inflammation associated with osteoarthritis.
( 3 ) *Limitations.* Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[89 FR 42357, May 15, 2024]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7225

PETE SUMNER,

Petitioner - Appellant,

versus

RON ANGELONE, Director,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. James R. Spencer, District

Judge. (CA-02-220)

Submitted: October 9, 2003 Decided: October 21, 2003

Before LUTTIG, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Pete Sumner, Appellant Pro Se. Donald Eldridge Jeffrey, III, OFFICE

OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Pete Sumner, a state prisoner, seeks to appeal the district

court’s order denying relief on his petition filed under 28 U.S.C.

§ 2254 (2000). An appeal may not be taken from the final order in

a § 2254 proceeding unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue for claims addressed by

a district court absent “a substantial showing of the denial of a

constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner

satisfies this standard by demonstrating that reasonable jurists

would find both that his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

 , 123 S. Ct. 1029, 1039-40 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert.

denied, 534 U.S. 941 (2001). We have independently reviewed the

record and conclude that Sumner has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process. 

DISMISSED
Editorial Note on Part 177
Editorial Note: Nomenclature changes to part 177 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 70 FR 72074, Dec. 1, 2005; and 81 FR 49896, July 29, 2016.

§ 177.1310 Ethylene-acrylic acid copolymers. The ethylene-acrylic acid copolymers identified in paragraph (a) of this section may be safely used as components of articles intended for use in contact with food subject to the provisions of this section. ( a ) The ethylene-acrylic acid copolymers consist of basic copolymers produced by the copolymerization of ethylene and acrylic acid such that the finished basic copolymers contain no more than: ( 1 ) 10 weight-percent of total polymer units derived from acrylic acid when used in accordance with paragraph (b) of this section; and
( 2 ) 25 weight-percent of total polymer units derived from acrylic acid when used in accordance with paragraph (c) of this section.
( b ) The finished food-contact articles made with no more than 10 percent total polymer units derived from acrylic acid, when extracted with the solvent or solvents characterizing the type of food and under the conditions of its intended use as determined from tables 1 and 2 of § 176.170(c) of this chapter, yield net acidified chloroform-soluble extractives not to exceed 0.5 milligram per square inch of food-contact surface when tested by the methods prescribed in § 177.1330(e)(1), (3)(i) through (iv), (4), (5), and (6), except that ( 1 ) The total residue method using 3 percent acetic acid, as prescribed in § 177.1330(e)(6)(i)( a ), does not apply, and
( 2 ) The net acidified chloroform-soluble extractives from paper and paperboard complying with § 176.170 of this chapter may be corrected for wax, petrolatum, and mineral oil as provided in § 176.170(d)(5)(iii)( b ) of this chapter. If the finished food-contact article is itself the subject of a regulation in parts 174, 175, 176, 177, 178, and § 179.45 of this chapter, it shall also comply with any specifications and limitations prescribed for it by that regulation.
( c ) The finished food-contact layer made with basic copolymers containing more than 10 weight-percent but no more than 25 weight-percent of total polymer units derived from acrylic acid and with a maximum thickness of 0.0025 inch (2.5 mils) may be used in contact with food types I, II, IVB, VIA, VIB, VIIB, and VIII identified in table 1 of § 176.170(c) of the chapter under conditions of use B through H as described in table 2 of § 176.170(c) of this chapter, and in contact with food types III, IVA, V, VIIA, and IX identified in table 1 of § 176.170(c) of this chapter under conditions of use E through G as described in table 2 of § 176.170(c) of this chapter.
( d ) The provisions of this section are not applicable to ethylene-acrylic acid copolymers used in food-packaging adhesives complying with § 175.105 of this chapter.
[42 FR 14572, Mar. 15, 1977, as amended at 51 FR 19060, May 27, 1986; 53 FR 44009, Nov. 1, 1988]
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

WILLIE L. WYNN, SR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D17-1724

[November 16, 2017]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, 

Indian River County; Cynthia L. Cox, Judge; L.T. Case Nos. 

312016CF000147A and 312016CF000627A.

Carey Haughwout, Public Defender, and James W. McIntire, Assistant 

Public Defender, West Palm Beach, for appellant.

Willie L. Wynn, Sr., Lake City, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Alexandra A. De 

La Flor, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

LEVINE, CIKLIN and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 32.1
Certification Pursuant to Rule 13a-14(b) of the Securities Exchange Act of 1934
     In connection with the quarterly report on Form 10-Q of Youbet.com, Inc. (the “Company”) forthe period ended March 31, 2005, as filed with the Securities and Exchange Commission as of thedate hereof (the “Report”), I, Charles F. Champion, Chief Executive Officer of the Company, and I,Charles R. Bearchell, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
     (1) the Report fully complies with the requirements of Section 13(a) of the SecuritiesExchange Act of 1934, as amended; and
     (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.         May 3, 2005 By: /s/ Charles F. Champion              Charles F. Champion       President and Chief Executive Officer         May 3, 2005 By: /s/ Charles R. Bearchell              Charles R. Bearchell       Chief Financial Officer
A signed original of this written statement required by Section 906, or other documentationauthenticating, acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section 906, has been providedto Youbet.com, Inc. and will be retained by Youbet.com, Inc. and furnished to the Securities andExchange Commission or its staff upon request.
This certification “accompanies” the Quarterly Report on Form 10-Q to which it relates, is notdeemed filed with the Securities and Exchange Commission, and is not to be incorporated byreference into any filing of the Company under the Securities Act of 1933, as amended, or theSecurities Exchange Act of 1934, as amended (whether made before or after the date of the QuarterlyReport on Form 10-Q, irrespective of an general incorporation language contained in such filing).
Exhibit 10.11

 

FTS International, Inc.

 

Description of 2016 Short-Term Incentive Plans

 

In December 2015, the board of directors approved a 2016 short-term incentive plan, or STIP, to motivate employees to drive outstanding company performance, provide flexibility given the uncertain business environment and improve employee retention. The named executive officers are eligible to participate.

 

The STIP provides for quarterly cash incentives contingent on achievement of quarterly metrics consisting of:

 

·                  Financial targets for Adjusted EBITDA;

 

·                  Safety performance as measured by our total recordable incident rate, or TRIR; and

 

·                  Department key performance indicators, or KPIs, and individual performance.

 

Each named executive officer has an annual bonus target award calculated as a percentage of his base salary, depending on his position, as set forth in the following table:

 

	
Name
    	
 
    	
Target Award
    as a
   Percentage of
   Base Salary
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Michael J. Doss
    Chief Executive Officer
    	
 
    	
100
    	
%
    
	
 
    	
 
    	
 
    	
 
    
	
Buddy Petersen
    Chief Operating Officer
    	
 
    	
80
    	
%
    
	
 
    	
 
    	
 
    	
 
    
	
Perry A. Harris
    Senior Vice President, Commercial
    	
 
    	
60
    	
%
    


 

The payout under the STIP was based 65% on the financial target, 10% on the safety target and 25% on KPI and individual performance. The Compensation Committee set the financial and KPI targets for the first quarter of 2016. The incentives were contingent upon the minimum financial targets being achieved. The Company did not achieve the minimum financial target in the first quarter of 2016. As a result, no payouts were made for the first quarter of 2016. After the first quarter of 2016, the Compensation Committee did not set financial and KPI targets and no one was eligible to receive an award under the STIP.
§ 582.1540 Nitrogen. ( a ) *Product.* Nitrogen.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
#### § 606.60 Equipment.

(a) Equipment used in the collection, processing, compatibility testing, storage and distribution of blood and blood components shall be maintained in a clean and orderly manner and located so as to facilitate cleaning and maintenance. The equipment shall be observed, standardized and calibrated on a regularly scheduled basis as prescribed in the Standard Operating Procedures Manual and shall perform in the manner for which it was designed so as to assure compliance with the official requirements prescribed in this chapter for blood and blood products.

(b) Equipment that shall be observed, standardized and calibrated with at least the following frequency, include but are not limited to:

| Equipment | Performance check | Frequency | Frequency of calibration |
| --- | --- | --- | --- |
| Temperature recorder | Compare against thermometer | Daily | As necessary. |
| Refrigerated centrifuge | Observe speed and temperature | Each day of use | Do. |
| Hematocrit centrifuge | | | Standardize before initial use, after repairs or adjustments, and annually. Timer every 3 mo. |
| General lab centrifuge | | | Tachometer every 6 mo. |
| Automated blood-typing machine | Observe controls for correct results | Each day of use | |
| Hemoglobinometer | Standardize against cyanmethemoglobin standard | ......do | |
| Refractometer | Standardize against distilled water | ......do | |
| Blood container scale | Standardize against container of known weight | ......do | As necessary. |
| Water bath | Observe temperature | ......do | Do. |
| Rh view box | ......do | ......do | Do. |
| Autoclave | ......do | Each time of use | Do. |
| Serologic rotators | Observe controls for correct results | Each day of use | Speed as necessary. |
| Laboratory thermometers | | | Before initial use. |
| Electronic thermometers | | | Monthly. |
| Vacuum blood agitator | Observe weight of the first container of blood filled for correct results | Each day of use | Standardize with container of known mass or volume before initial use, and after repairs or adjustments. |

(c) Equipment employed in the sterilization of materials used in blood collection or for disposition of contaminated products shall be designed, maintained and utilized to ensure the destruction of contaminating microorganisms. The effectiveness of the sterilization procedure shall be no less than that achieved by an attained temperature of 121.5 °C (251 °F) maintained for 20 minutes by saturated steam or by an attained temperature of 170 °C (338 °F) maintained for 2 hours with dry heat.

[40 FR 53532, Nov. 18, 1975; 40 FR 55849, Dec. 2, 1975, as amended at 45 FR 9261, Feb. 12, 1980; 57 FR 11263, Apr. 2, 1992; 57 FR 12862, Apr. 13, 1992]