alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kirby C. Seay, et ux v. E. T. Davis, et al

5-4793

438 S.W. 2d 479

Supplemental Opinion on Denial of Rehearing Delivered April 7, 1969

[Original opinion delivered February 24, 1969, p. 201.]

*628Supplemental opinion on rehearing; rehearing denied.

George Rose Smith, Justice,

on rehearing. In our original opinion in this case, 246 Ark. 201, 438 S.W. 2d 479, we held that under the provisions of the Uniform Commercial Code the appellants were not entitled to accelerate the maturity of the note and mortgage, because the proof showed that they did not believe in good faith, as the statute requires, that the prospect of pavment or performance had been impaired. Ark. Stat. Ann. § 85-1-208 (Add. 1961).

In a petition for rehearing the appellants insist that the Code applies only when the contract permits the creditor to accelerate the maturity “at will,” or words to that effect, whereas here there is also a condition in the contract that the debtors must be in default. The Commissioners’ Comment to the cited section of the Code lends support to the appellants’ argument, for it refers to an acceleration “at the whim and caprice of one party.” See also the Commissioners’ Comment 4 to § 85-3-109.

We think it proper to modify our original opinion by leaving that question open for future decision, for even if the appellants are correct in their construction of the Code the decree must nevertheless be affirmed under our prior decisions. Apart from the Code, as indicated in our original opinion, a court of equity will protect a debtor against an inequitable acceleration of the maturity of the debt. We followed that course recently in *Crone*v. Johnson, 240 Ark. 1029, 403 S.W. 2d 738 (1966).

That rule is controlling. As stated in our original opinion, Davis assured Seay that if Davis’ son allowed a delinquency to occur, the elder Davis would make it good within three hours, upon being notified. Seay promised to give such notice, but he failed to keep his *629promise. Ever since Davis, Sr., learned of the delinquency he has stood ready to pay the arrearages, plus the court costs and an attorney’s fee. It would be altogether inequitable to allow Seay to repudiate his own promise and thereby not only retake the property but also, according to the proof, bring financial ruin upon the older of the two debtors. Hence, without regard to the provisions of the Uniform Commercial Code, the decree of the trial court must be affirmed.

The petition for rehearing is according^ denied.
Office for Domestic Preparedness 

U.S. Department of Homeland Security 

Washington, DC 20531

ODP Information Bulletin 

No. 196 November 14, 2005 

TO: All State Administrative Agency Heads 

 All State Administrative Agency Points of Contact 

 All Core City/Core County Points of Contact 

 All State Homeland Security Directors 

 

FROM: Matt A. Mayer 

 Acting Executive Director 

SUBJECT: Department of Homeland Security Fiscal Year (FY) 2006 Emergency 

Management Performance Grants (EMPG) Program Guidance and Application 

Kit 

The FY 2006 EMPG Program Guidance and Application Kit is now available online at 

www.ojp.usdoj.gov/fundopps.htm. The FY 2006 EMPG Program Guidance and Application Kit 

is being released separately from the FY 2006 Homeland Security Grant Program Application 

Kit and Program Guidance. 

The EMPG Program is designed to assist States and Urban Areas in achieving the target levels of 

capability to sustain and enhance the effectiveness of their emergency management programs. 

With funds provided through the FY 2006 EMPG, States have the opportunity to develop intraand interstate emergency management systems that encourage the building of partnerships to 

include government, business, volunteer, and community organizations based on identified needs 

and priorities for strengthening their emergency management and catastrophic planning 

capabilities. Additionally, States will simultaneously be able to address issues of national 

concern as identified both in the National Priorities and the Target Capabilities List. 

EMPG allowable costs have been divided into planning, organization, equipment, training, and 

exercises categories. In addition, management and administration costs are allowable. 

The SAA is the only agency eligible to apply for FY 2006 EMPG funds and is responsible for 

passing through those funds to the State emergency management agency within 15 days. New 

and returning users may apply for the FY 2006 EMPG by signing-in or registering for a user ID 

and password on the Grants Management System (GMS) available online at 

https://grants.ojp.usdoj.gov. Instructions regarding electronic submissions through GMS are 

provided on the OJP website at www.ojp.usdoj.gov/fundopps. htm. Assistance with GMS may 

also be obtained by calling 1-888-549-9901. FY 2006 EMPG guidance is available as of 

November 14, 2005 and the completed application must be received by ODP no later than 
Office for Domestic Preparedness 

U.S. Department of Homeland Security 

Washington, DC 20531

December 14, 2005. ODP will evaluate applications and award funds within 30 days of receipt 

of application. 

Additional questions may be directed to your Preparedness Officer or the Centralized Scheduling 

and Information Desk at askcsid@dhs.gov, 1-800-368-6498.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 137 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 137

     To increase opportunities for veterans with service-connected 
   disabilities to participate in Department of Defense procurement 
                                actions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Solomon introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL

 
     To increase opportunities for veterans with service-connected 
   disabilities to participate in Department of Defense procurement 
                                actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Procurement Opportunities for 
Disabled Service Personnel Act''.

SEC. 2. ENHANCED PARTICIPATION BY VETERANS IN DEFENSE PROCUREMENT 
              PROGRAMS.

    (a) Veterans With Service-Connected Disabilities To Be Eligible for 
SDB Program.--For purposes of section 2323(a)(1)(A) of title 10, United 
States Code, an individual who is a veteran with a service-connected 
disability (as determined by the Secretary of Veterans Affairs) shall 
be deemed to be a socially and economically disadvantaged individual.
    (b) Implementation.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall revise the 
regulations prescribed under section 2323 of title 10, United States 
Code (and such other regulations as may be necessary) in order to take 
into account the provisions of subsection (a) with respect to fiscal 
years 1996 and 1997.
                                 <all>
```
§ 29.517 Collection by offset. ( a ) *Offset from retirement payments.* An overpayment may be collected in whole or in part from any refund payment or recurring Federal Benefit Payments.
( b ) *Offset from other payments* — ( 1 ) *Administrative offset.* When offset under subsection (a) is not available, an overpayment may be offset from other Federal payments due the debtor from other agencies under the procedures set forth in 31 CFR part 5 and 31 CFR 901.3(c).
( 2 ) *Salary offset.* When the debtor is an employee of the Federal Government, the Department may effect collection of an overpayment by offset of the debtor's pay in accordance with regulations published to implement such offsets under 5 U.S.C. 5514 (see 5 CFR part 550, subpart K; 31 CFR 285.7; and 31 CFR part 5). Due process described in the federal salary offset regulations of 31 CFR part 5 will apply. When the debtor did not receive a hearing under those regulations and requests such a hearing, one will be conducted in accordance with 5 CFR part 550, subpart K and 31 CFR part 5.
( 3 ) *Tax refund offset.* The Department may effect collection of an overpayment by offset of the debtor's tax refund in accordance with the Department's tax refund offset regulations found at 31 CFR part 5.
#### § 29.313 Federal Benefit Payments are computed based on retirement eligibility as of the separation date and service creditable as of June 30, 1997.

Except as otherwise provided in this subpart, the amount of Federal Benefit Payments is computed based on retirement eligibility as of the separation date and service creditable as of June 30, 1997.

Service Performed After June 30, 1997
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Indian Affairs

# AGENCY:

Bureau of Indian Affairs, Interior.

# ACTION:

Notice of Approved Tribal—State Class III Gaming Compact.

# SUMMARY:

This notice publishes an approval of the Gaming Compact between the Standing Rock Sioux Tribe and the State of South Dakota (including 2001 and 2009 Amendments).

# DATES:

*Effective Date:*                         August 19, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Paula L. Hart, Acting Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, (202) 219-4066.

# SUPPLEMENTARY INFORMATION:

                    Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA) Public Law 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the                     **Federal Register**                     notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. This Compact extends the provisions of the 1992 Compact with the term of the Compact being extended from 3 years to 10 years.                

Dated: August 12, 2009.

Larry Echo Hawk,

Assistant Secretary—Indian Affairs.

[FR Doc. E9-19886 Filed 8-18-09; 8:45 am]

BILLING CODE 4310-4N-P
###### Editorial Note on Subchapter A of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

#### § 330.10 Modifications of other circulars.

The provisions of this part shall be considered as amending and supplementing: Department of the Treasury Circulars Nos. 530, 653, and 750 (31 CFR parts 315, 316, and 321, respectively), and Department of the Treasury Circulars, Fiscal Service Series Nos. 1-80, 2-80, 3-80, 3-67, 1-98, and 2-98 (31 CFR parts 351, 352, 353, 342, 359, and 360 respectively), and any revisions thereof or amendments or supplements thereto, and those Circulars are hereby modified to the extent necessary to accord with the provisions of this part.

[63 FR 38044, July 14, 1998]
Exhibit 10.2


 


AMENDMENT NO. 1 TO CUSTODIAN AGREEMENT


 


This Amendment No. 1 to the Custodian Agreement
dated as of July 30, 2012, is entered into among UNITED STATES BRENT OIL FUND, LP, a limited partnership organized under
the laws of the State of Delaware (the “Fund”), UNITED STATES COMMODITY FUNDS LLC, a Delaware limited
liability company and General Partner of the Fund (the “General Partner”), and BROWN BROTHERS HARRIMAN &
CO., a limited partnership formed under the laws of the State of New York (“BBH & Co.” or the “Custodian”),


 


WITNESSETH:


 


WHEREAS, the Fund, General
Partner and BBH & Co. entered into a Custodian Agreement dated as of February 8, 2010 (the “Agreement”); and


 


WHEREAS, the Fund, General
Partner and BBH & Co. wish to amend the Custodian Agreement;


 


NOW, THEREFORE, in consideration
of the mutual covenants and agreements herein contained, the Fund, General Partner and BBH & Co. hereby agree as follows:


 


 


		1.	Compensation. Item 14 of the Agreement “Compensation” is deleted in its
entirety and replaced with the following:



 


Compensation.
The General Partner agrees to pay the Custodian (a) a fee in an amount set forth in the fee letter among the Fund, the General
Partner and the Custodian in effect on the date hereof or as amended from time to time, and (b) all reasonable out-of-pocket expenses
incurred by the Custodian, including the fees and expenses of all Subcustodians, and payable from time to time. The fees paid by
the General Partner to the Custodian will be paid from the General Partner’s assets. Amounts payable by the General Partner
under and pursuant to this Section 14 shall be payable by wire transfer to the Custodian at BBH & Co. in New York, New York.


 


[SIGNATURES ON FOLLOWING PAGE]



    	 



    	 	



    
 


IN WITNESS WHEREOF, each of the parties hereto has caused this
Amendment No. 1 to be duly executed as of the date first above written.


 


	UNITED STATES BRENT OIL FUND, LP
	  By:  United States Commodity Funds LLC, as General Partner
	 	 
	 	 
	 	 
	 	 
	/s/ Howard Mah	 
	Name:  Howard Mah	 
	Title:  Management Director	 
	 	 
	 	 
	UNITED STATES COMMODITY FUNDS LLC
	 	 
	 	 
	 	 
	 	 
	/s/ Howard Mah	 
	Name:  Howard Mah	 
	Title:  Management Director	 
	 	 
	 	 
	BROWN BROTHERS HARRIMAN & CO.
	 	 
	 	 
	 	 
	 	 
	/s/ James R. Kent	 
	Name: James R. Kent	 
	Title: Managing Director
Faulk, Scott (OST) From: Sent: kalena kaili-thomas <kalena.ana@icloud.com> Tuesday, November 26, 2013 9:13 PM To: EAS (OST) Subject: kaluapapa
Dear Department OfTransportation, I am writing to support Mokulele Airline's 4 year bid to link Kalaupapato Kahului, Honolulu and Ho'olehua. Mokulele is the best candidate as they have lower fares, experienced friendly agents, frequent flights, multiple islands and ease ofbooking via Global Distribution System (Expedia, Travelocity, Orbitz, Priceline etc.) Itis important we have safe, stable & affordable service to Kalaupapa. Thank you, Kalena Kaili-Thomas 

## 0 ---·---..--·-------·-----

1
<TABLE> <S> <C>


<ARTICLE> 5
<CIK> 0000857613
<NAME> NORTH OAKS PARTNERSHIP
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       2,835,915
<SECURITIES>                                         0
<RECEIVABLES>                                  408,640
<ALLOWANCES>                                         0
<INVENTORY>                                     23,572
<CURRENT-ASSETS>                             3,964,939
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               8,154,672
<CURRENT-LIABILITIES>                        1,768,858
<BONDS>                                     12,885,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 8,154,672
<SALES>                                              0
<TOTAL-REVENUES>                             5,252,084
<CGS>                                                0
<TOTAL-COSTS>                                4,410,854
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (958,198)
<INCOME-PRETAX>                              (116,968)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (116,968)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        


</TABLE>
II

Calendar No. 369

104TH CONGRESS

2D SESSION H. R. 2501

IN THE SENATE OF THE UNITED STATES

APRIL 17, 1996

Received; read twice and placed on the calendar

AN ACT

To extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in Kentucky, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 2501 PCS

1 SECTION 1. EXTENSION OF DEADLINE.

2 (a) IN GENERAL.—Notwithstanding the time period

3 specified in section 13 of the Federal Power Act (16

4 U.S.C. 806) that would otherwise apply to the Federal En5 ergy Regulatory Commission project numbered 10228, the

6 Commission shall, at the request of the licensee for the

7 project and after reasonable notice, in accordance with the

8 good faith, due diligence, and public interest requirements

9 of that section and the Commission’s procedures under

10 that section, extend the time period during which the li11 censee is required to commence the construction of the

12 project, under the extension described in subsection (b),

13 for not more than 3 consecutive 2-year periods.

14 (b) EFFECTIVE DATE.—This section shall take effect

15 on the date of the expiration of the extension of the period

16 required for commencement of construction of the project

17 described in subsection (a) that the Commission issued,

18 prior to the date of enactment of this Act, under section

19 13 of the Federal Power Act (16 U.S.C. 806).

Passed the House of Representatives April 16, 1996.

Attest: ROBIN H. CARLE,

Clerk.

Calendar No. 369

104TH CONGRESS

2D SESSION H. R. 2501

AN ACT

To extend the deadline under the Federal Power

purposes.electric project in Kentucky, and for otherAct applicable to the construction of a hydroAPRIL 17, 1996

Received; read twice and placed on the calendar
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1287 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1287

        For the relief of Nguyen Quy An and Nguyen Ngoc Kim Quy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1995

  Mr. Mineta introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
        For the relief of Nguyen Quy An and Nguyen Ngoc Kim Quy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMANENT RESIDENT STATUS FOR NGUYEN QUY AN AND NGUYEN NGOC 
              KIM QUY.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Nguyen Quy An and Nguyen 
Ngoc Kim Quy shall each be eligible for issuance of an immigrant visa 
or for adjustment of status to that of an alien lawfully admitted for 
permanent residence upon filing an application for issuance of an 
immigrant visa under section 204 of such Act or for adjustment of 
status to lawful permanent resident.
    (b) Adjustment of Status.--If Nguyen Quy An or Nguyen Ngoc Kim Quy 
enters the United States before the filing deadline specified in 
subsection (c), he or she shall be considered to have entered and 
remained lawfully and shall, if otherwise eligible, be eligible for 
adjustment of status under section 245 of the Immigration and 
Nationality Act as of the date of the enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Nguyen Quy An and Nguyen Ngoc 
Kim Quy, the Secretary of State shall instruct the proper officer to 
reduce by 2, during the current or next following fiscal year, the 
total number of immigrant visas that are made available to natives of 
the country of the aliens' birth under section 203(a) of the 
Immigration and Nationality Act or, if applicable, the total number of 
immigrant visas that are made available to natives of the country of 
the aliens' birth under section 202(e) of such Act.
                                 <all>
```
Editorial Note on Subchapter A of Chapter II
Editorial Note: Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

§ 226.2 General. ( a ) Deposit or account insurance provided by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Share Insurance Fund, is hereby recognized. Deposits or accounts which are insured by a State or agency thereof, or by a corporation chartered by a State for the sole purpose of insuring deposits or accounts of financial institutions eligible to be Treasury tax and loan depositaries (hereinafter referred to as Insurance Arrangement), shall be approved as provided herein. Such approval constitutes recognition for the purpose of reducing the amount of collateral required of a tax and loan depositary by the amount of recognized insurance coverage pursuant to 31 CFR 203.15.
( b ) Generally, these regulations and their associated guidelines require that an organization providing insurance maintain a corpus of sufficient value and liquidity, and/or that it have sufficient State borrowing authority, in relation to its liabilities and total insured savings (or deposits) to provide adequate security to the Government's deposits and that adequate monitoring of the financial condition of the insured institutions is conducted.