alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BENNETT *v.*WALLACE.

Trial — Cross-Examination — Inconsistent Statements — Impeachment oe Witnesses.

It was error, oil cross-examination of a plaintiff whose testimony on material issues was disputed, to exclude questions asked for the purpose of showing that he had made conflicting statements of his claim in conversations and in his testimony on a former trial in justice’s court.

Error to Wayne; Donovan, J.

Submitted February 24, 1911.

(Docket No. 40.)

Decided March 13, 1911.

Assumpsit in justice’s court by Wilbur W. Bennett against James H. Wallace. Plaintiff appealed to the circuit court from a judgment for defendant. Judgment for plaintiff. Defendant brings error.

Reversed.

*Thomas A.*Conlon, for appellant.

*N. Calvin Bigelow,*for appellee.

Moore, J.

This action arose out of a real estate transaction and building contract. The testimony of the opposing parties is conflicting in many particulars. A verdict was reached and judgment rendered in the sum of $269.62 in favor of the plaintiff. The case is removed here by writ of error.

More than 30 assignments of error are presented. They nearly all grow out of the conduct of the trial court and his rulings in relation to the admission of testimony. One cannot read the record without coming to the conclusion that a degree of impatience with counsel was reached upon the part of the court early in the proceedings which was not calculated to keep the trial free from error. We shall not discuss all of the assignments of error. Counsel should have been allowed to show that *67plaintiff testified differently at a former trial from what he testified upon this trial. Counsel should have been allowed to show that plaintiff made a different statement of his claim to Mr. Johnson. We also think the testimony offered of Mr. Parsons should have been permitted as to the conversation he heard between plaintiff and defendant. The other assignments of error will doubtless take care of themselves upon a new trial.

Judgment is reversed, and a new trial granted.

Bird, Brooke, and Stone, JJ., concurred. Hooker, J.,.concurred in the result.
**
Exhibit 35.1 

Servicer Compliance Statement of Nissan Motor Acceptance Corporation 

**NISSAN MOTOR ACCEPTANCE COMPANY LLC**

**OFFICER’S CERTIFICATE**

The undersigned, Kevin J. Cullum, President and Chief Executive Officer of NISSAN MOTOR ACCEPTANCE COMPANY LLC, a Delaware limited liabilitycompany (successor by conversion to Nissan Motor Acceptance Corporation, the “Company”), does hereby certify, in his capacity as such officer, as follows: 

(1) The undersigned has caused a review of the activities of the Company, in its capacity as Servicer, during the 12-month period ended March 31, 2022 (the “Reporting Period”), and of its performance pursuant to the Sale and Servicing Agreement, dated as of April 29, 2020 (as amended, the“Agreement”), by and among the Company, individually and as servicer, Nissan Auto Receivables Company LLC II (successor by conversion to Nissan Auto Receivables Corporation II), as seller, and Nissan Auto Receivables 2020-A Owner Trust, to be conducted under his supervision; and 

(2) To the best of theundersigned’s knowledge, based upon such review, the Company has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period. 

This Officer’s Certificate is being furnished pursuant to Item 1123 of the Securities and Exchange Commission’s Regulation AB forpublicly-issued asset-backed securities. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement. 

IN WITNESS WHEREOF, I have set my hand effective as of the 27th day of June, 2022. 

 

/s/ Kevin J. Cullum
Kevin J. CullumPresident and Chief Executive Officer
 
20 

**
----

            COMMISSION REGULATION (EC) No 69/2005

of 17 January 2005         

concerning tenders submitted under tendering procedure for the refund on consignment of husked long grain B rice to the island of Réunion referred to in Regulation (EC) No 2033/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 5(3) thereof,

Having regard to Commission Regulation (EEC) No 2692/89 of 6 September 1989 laying down detailed rules for exports of rice to Réunion (2), and in particular Article 9(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders submitted from 10 to 13 January 2005 in response to the invitation to tender referred to in Regulation (EC) No 2033/2004 for the subsidy on exports to Réunion of husked long grain B rice falling within CN code 1006 20 98.

Article 2

This Regulation shall enter into force on 18 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 January 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 96.

(2)OJ L 261, 7.9.1989, p. 8. Regulation as last amended by Regulation (EC) No 1275/2004 (OJ L 241, 13.7.2004, p. 8).

(3)OJ L 353, 27.11.2004, p. 9.

----
# Official Journal L 123/17 M

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 123 |
| | |
| English edition | Legislation | Volume 4817 May 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 123

English edition

Legislation

Volume 4817 May 2005

---

| Contents | | II   Acts whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 4 March 2005 implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea and amending Annexes thereto
  (notified under document number C(2005) 463)

   (1) | 1 |

Contents

II   Acts whose publication is not obligatory

page

Commission

*

Commission Decision of 4 March 2005 implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea and amending Annexes thereto
  (notified under document number C(2005) 463)

   (1)

(notified under document number C(2005) 463)

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
§ 93.314 Institutional appeals. ( a ) While not required by this part, if the institution's procedures provide for an appeal by the respondent that could result in a reversal or modification of the findings of research misconduct in the investigation report, the institution must complete any such appeal within 120 days of its filing. Appeals from personnel or similar actions that would not result in a reversal or modification of the findings of research misconduct are excluded from the 120-day limit.
( b ) If unable to complete any appeals within 120 days, the institution must ask ORI for an extension in writing and provide an explanation for the request.
( c ) ORI may grant requests for extension for good cause. If ORI grants an extension, it may direct the institution to file periodic progress reports.
#### Robert McWilliam, as Executor, Etc., of John McMillan, Deceased, Respondent, *v.*Charles W. Dayton, Appellant.

Appeal by defendant from an interlocutory judgment, overruling a demurrer to a complaint.

Frederic J. Swift, for appellant.

Shepard & Prentiss (William H. Shepard, of counsel), for respondent.

O’Dwyer, J.

The defendant demurs upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The complaint alleges the making arid delivery by the defendant of a promissory note on February 7, 1889, dated that day, whereby for value received, he promised to pay to the order of John S. McWilliam, on demand $5,000, with interest; the death of the payee, the probate of the last will and testament of the payee, the issuance of letters testamentary thereunder, and the transfer to the plaintiff before the commencement of the. action by such- executor while so acting. That no part of said note has been paid, except the sum of $2,500, on February 17, 1892, and the sum of $2,500, on June 15, 1895.

’. - These allegations .clearly set forth a cause of action in. the plaintiff upon a promissory note made by the defendant for the balance due thereon, and it follows that the demurrer was properly overruled.

It is further urged that the judgment is irregular inasmuch as the plaintiff, by notice of motion, moved to overrule the demurrer as frivolous and for judgment thereon and not for a trial of the issues of law created thereby.

We are of opinion that this contention cannot be sustained. An examination of the record demonstrates that the issues of law ■created by the demurrer were, without objection from the defendant, tried and determined; the usual order and interlocutory judgment entered thereon, and no motion made to correct the same.

The notice of motion was apparently treated as a notice of argument of the demurrer, and as no objection was made by the defendant to that coursé, the decision of the. court as upon a trial ■of the issues of law was within the power of the court-.

We find, however, that an error was committed in awarding $10 costs of motion, in addition to the costs of the trial, and for. *829that error the judgment must be modified by deducting therefrom the $10 costs of motion and as so modified affirmed, without costs.

McCarthy, J., concurs.

Judgment modified by deducting therefrom $10 costs of motion, and as so modified affirmed, without costs.
---

|**Secondary Market Report** | **July 1998**
|--------------------------- | -------------



---

### TABLE 4
FHA Primary Market Rates



---

`Data as of: July 1, 1998                           HQE:  8-11-98`

HSG/FHA Home Page**|**Reports Menu**|**Email Us****

Date Last Modified: 08/11/98
§ 227.5 Issuance of determination. ( a ) *Determination after respondent or counterclaim respondent submits evidence.* If the respondent or counterclaim respondent provides evidence or information as set forth in § 227.4, the Board shall consider all submissions, including any responses to the respondent's or counterclaim respondent's submission. The Board then shall maintain or amend its proposed *default determination.* The resulting determination shall not be a *default determination* and instead shall be a *final determination.* The respondent or counterclaim respondent may not challenge such determination under 17 U.S.C. 1508(c)(1)(C) and may only request reconsideration pursuant to 17 U.S.C. 1506(w) and the procedures set forth in part 230 of this subchapter.
( b ) *Determination after respondent or counterclaim respondent fails to respond to notice.* If the respondent or counterclaim respondent fails to respond to the notice of pending *default determination,* the Board shall issue the proposed *default determination* as a *final determination.* The respondent or counterclaim respondent may only challenge such determination to the extent permitted under 17 U.S.C. 1508(c) or the procedures set forth in paragraph (c) of this section.
( c ) *Vacating a default determination.* If additional proceedings have not been initiated under 17 U.S.C. 1508(c), the respondent or counterclaim respondent may request in writing that the *default determination* be vacated and provide the reasons why the decision should be vacated. A request to vacate the *default determination* must be filed within 30 days of the determination, shall be no more than 12 pages, and shall meet the requirements set forth in § 220.5(b) of this subchapter; and a response to that request must be filed within 30 days of the request to vacate, shall be no more than 12 pages, and shall meet the requirements set forth in § 220.5(b). The Board may vacate the *default determination* in the interests of justice.
Exhibit
10.36


 


August 15,
2003


 


Specialty Laboratories, Inc.

2211
Michigan Avenue
Santa
Monica, CA 90404


 


Ladies and Gentlemen:


 


Chiron Corporation (“Chiron”) agrees that it shall
not assert its Hepatitis C (“HCV”) and HIV-1 patent rights (“Patent Rights”) in
any action, suit or other proceeding seeking to recover against Specialty
Laboratories, Inc. (“Specialty”) for the performance of nucleic acid testing
(“NAT”) clinical assay(s) for the detection, quantitation, genotyping and/or
phenotyping of HCV and HIV-1 and/or the provision of the results thereof to
third parties (the “Testing Activity”), occurring at any time prior to
October 15, 2003 (the “Effective Date”).


 


In
consideration of Chiron’s execution of this letter agreement, Specialty agrees
to (i) execute and deliver as of the Effective Date a sublicense agreement
under the Patent Rights with Bayer Healthcare LLC for Testing Activity
performed by Specialty from and after the Effective Date on the terms set forth
in Attachment A (the “Sublicense Agreement”), and (ii) pay Chiron by
wire transfer on the Effective Date, the non-refundable, non-creditable and
non-cancelable amount of [*].


 


No
license, express or implied, is granted by Chiron by operation of this letter
agreement. This letter agreement shall not create any rights or obligations as
to third parties, other than the clients of Specialty and their physicians and
patients on whose behalf the Testing Activity prior to October 15, 2003
was performed (but, in each case, only with respect to such Testing Activity by
Specialty).  The benefits of this letter
agreement are personal to Specialty, cannot be assigned or transferred by
Specialty.  In the event of the
acquisition of Specialty by merger, consolidation, purchase of assets or
otherwise, the benefits of this letter agreement shall not extend to the
Testing Activity of the acquiring entity or its affiliates occurring prior to
the Effective Date; provided that the Testing Activity of Specialty prior to
the Effective Date shall continue to be subject to the benefits of this letter
agreement following such acquisition.


 


If the foregoing is consistent with your
understanding of our agreement, please sign both originals of this letter
agreement, returning one for our records.


 


 


	
  CHIRON CORPORATION

  	
   

  	
  ACCEPTED AND AGREED:

  
	
  4560 Horton Street

  	
   

  	
   

  
	
  Emeryville, CA 94608-2916, USA

  	
   

  	
  SPECIALTY LABORATORIES, INC.

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  /s/ James E. Kent

  	
   

  	
  /s/ Thomas J. Kosco

  
	
  James E. Kent

  	
   

  	
  Thomas J. Kosco

  
	
  Vice
  President, Corporate Licensing

  	
   

  	
  Vice
  President, Business Development

  



 


 












* Information for which
confidential treatment has been requested pursuant to Rule24(b)(2) of the
Securities Exchange Act of 1934, as amended. 
The omitted material has been filed separately with the Securities and Exchange
Commission.


 

















 


Attachment A


 


Form of License Agreement


 


[Attached as a separate exhibit.]


 


2
§ 211.6 Methods of affixation and placement of mask work notice. ( a ) *General.* ( 1 ) This section specifies methods of affixation and placement of the mask work notice that will satisfy the notice requirement in section 909 of title 17 U.S.C. A notice deemed “acceptable” under this regulation shall be considered to satisfy the requirement of that section that it be affixed “in such manner and location as to give reasonable notice” of protection. As provided in that section, the examples specified in this regulation shall not be considered exhaustive of the methods of affixation and positions giving reasonable notice of the claim of protection in a mask work.
( 2 ) The acceptability of a mask work notice under these regulations shall depend upon its being legible under normal conditions of use, and affixed in such manner and position that, when affixed, it may be viewed upon reasonable examination.
( b ) *Elements of mask work notice.* The elements of a mask work notice shall consist of: ( 1 ) The words *mask work*, the symbol “M” or the symbol “M” (the letter M in a circle); and
( 2 ) The name of the owner or owners of the mask work or an abbreviation by which the name is recognized or is generally known.
( c ) *Methods of affixation and placement of the notice.* In the case of a mask work fixed in a semiconductor chip product, the following locations are acceptable: ( 1 ) A gummed or other label securely affixed or imprinted upon the package or other container used as a permanent receptacle for the product; or
( 2 ) A notice imprinted or otherwise affixed in or on the top or other visible layer of the product.
[50 FR 26719, June 28, 1985, as amended at 60 FR 34169, June 30, 1995]
HomeOffice of the SpokespersonPress Releases...Prioritizing Sexual and Reproductive Health and Reproductive Rights in U.S. Foreign Policy

# 									Prioritizing Sexual and Reproductive Health and Reproductive Rights in U.S. Foreign Policy							

Press Statement

Antony J. Blinken, Secretary of State

January 28, 2021

Today, President Biden signed a Presidential Memorandum revoking the January 23, 2017 Presidential Memorandum on the Mexico City Policy.  Pursuant to President Biden’s memorandum, the previous administration’s Protecting Life in Global Health Assistance policy has also been rescinded.

In the Biden-Harris administration, the empowerment and protection of women and girls, including promoting their sexual and reproductive health and rights, is a central part of U.S. foreign policy and national security.  Today’s action by President Biden will help improve the lives of women and children around the world by expanding the base of partners implementing U.S. health assistance and increasing access to critical health services, including HIV/AIDS care for key populations, family planning information and services, and effective tuberculosis diagnosis and treatment.

Pursuant to President Biden’s memorandum, and consistent with applicable law, the State Department is also taking the necessary steps to make $32.5 million appropriated by Congress available in 2021 to support the United Nations Population Fund (UNFPA).  UNFPA’s work is essential to the health and well-being of women around the world and directly supports the safety and prosperity of communities around the globe, especially in the context of the global COVID-19 pandemic.

As the largest donor to both maternal health and voluntary family planning programs, including the provision of life-saving health care services in crisis settings, the United States will continue its efforts to make pregnancy and childbirth safer by strengthening health systems to provide women with integral health services, including increased access to maternal health care and voluntary family planning.  The United States will also partner with governments, the private sector, and international and non-governmental organizations to improve health outcomes and empower women and girls so that they can realize their full potential and help drive social and economic development.

Finally, the United States will withdraw co-sponsorship and signature from the Geneva Consensus Declaration in a timely and appropriate manner.  Under President Biden’s leadership, the United States is re-engaging multilaterally to protect and promote the human rights of all women and girls, consistent with the long-standing global consensus on gender equality and sexual and reproductive health and reproductive rights.

 

Tags

Bureau of Democracy, Human Rights, and LaborBureau of Economic and Business AffairsBureau of Western Hemisphere AffairsGlobal HealthHuman RightsMexicoOffice of the SpokespersonProtectionThe Secretary of StateWomen’s Economic Empowerment

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Exhibit 32.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Tofutti Brands Inc. (the "Company")
on Form 10-QSB for the period ending March 31, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
Mintz, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that:

         (1) The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


/s/David Mintz*
---------------
David Mintz
Chief Executive Officer
May 15, 2007


* The originally executed copy of this Certification will be maintained at the
Company's offices and will be made available for inspection upon request.
#### § 1.504 Disclosure of information to a widow, child, or other claimant.

Information may be disclosed to a widow, widower, child, or other dependent parent or other claimant, or the duly authorized representative of any of these persons as to matters concerning such person alone when such disclosure will not be injurious to the physical or mental health of the person to whom the inquiry relates. If the person concerning whom the information is sought is deceased, matters concerning such person may be disclosed to the next of kin if the disclosures will not be injurious to the physical or mental health of the person in whose behalf the information is sought or cause repugnance or resentment toward the decedent.

[13 FR 6999, Nov. 27, 1948, as amended at 54 FR 34980, Aug. 23, 1989]
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – November 13, 2022

# 									Public Schedule – November 13, 2022							

Public Schedule

Office of the Spokesperson

November 13, 2022

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

 

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Egypt, Cambodia, Indonesia, and Thailand from November 11-18. Please click here for more information.

Tags

Office of the SpokespersonThe Secretary of State

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#### § 85a.7 Imminent dangers.

Whenever, during the course of, or as a result of, an investigation under this part, the NIOSH authorized representatives believe there is a reasonable basis for an allegation of an imminent danger, NIOSH will immediately advise the employer, owner, operator or agent in charge at the place of employment and those employees who appear to be in immediate danger of such allegation and will inform the agencies identified in § 85a.4(a) through (4).

[79 FR 2793, Jan. 16, 2014]