alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
42126.

#### SMITH et al. v. MAPLES.

Pannell, Judge.

1. In an action seeking damages for the breach of a contract and attorney’s fees under *Code*§ 20-1404 as an expense of litigation because of bad faith, the trial judge charged the jury that “the term ‘bad faith’ has a meaning which is the opposite of good faith. It means bad purpose, bad intent, bad state of knowledge or’desire.” There is no error in the charge. Complaint is made of the failure of the trial judge to more fully define the term “bad faith.” If the appellant desired additional charges as to definitions of bad faith it should have requested them in writing. *Holmes v. Clisby,*121 Ga. 241 (7) (48 SE 934, 104 ASR 103); *Equitable Loan &c. Co. v. Lewman,*124 Ga. 190 (5) (52 SE 599, 3 LRA (NS) 879).

2. “In all cases where an amount ascertained would be the damages at the time of the breach, it may be increased by the addition of legal interest from that time until the re*530covery.” *Code*§ 20-1408. Under this Code section it is error for the trial judge in a case involving unliquidated damages to instruct the jury that the plaintiff is entitled to interest *(Chatham Ice Cream Co. v. Sakakeeny,*29 Ga. App. 768 (3) (116 SE 558)) as in such a case the allowance of interest is a matter within the jury’s discretion. *Snowden v. Waterman & Co.,*110 Ga. 99 (35 SE 309); *Black v. Automatic Sprinkler Co.,*35 Ga. App. 8 (131 SE 543); *Tifton, T. & G. R. Co. v. Butler,*4 Ga. App. 191 (60 SE 1087); *Gnann v. Cameron,*29 Ga. App. 608 (116 SE 338). Where the damages are liquidated a different rule seems to apply. See *Code*§ 57-110; *Earnest v. Nappier,*19 Ga. 537 (3); *Miller v. Maddox,*21 Ga. 327; *Macon, D. & S. R. Co. v. Hasty,*10 Ga. App. 103 ( 72 SE 717). The damages here were unliquidated. See in this connection *Jackson v. Security Ins. Co.,*54 Ga. App. 133 (1) (187 SE 236); *Firemen’s Ins. Co. v. Oliver,*53 Ga. App. 638, 641 (3) (186 SE 706). In the present case the trial judge charged both principles and nowhere corrected the incorrect charge, thus leaving the jury to speculate as to whether the interest was demanded or discretionary only. In this the trial court erred.

Argued July 5, 1966

Decided October 27, 1966.

*McCamy, Minor, Fining & Phillips, John T. Minor, III,*for appellants.

*Walter II.*Bolling, for appellee.

3. The evidence was sufficient to authorize the amount of damages found, and for attorney’s fees as an expense of litigation under *Code*§ 20-1404 and the evidence authorized the charges relating thereto.

4. The judgment is affirmed on condition that at the time the judgment of this court is made the judgment of the court below, plaintiff will write off all interest recovered, otherwise the judgment will stand reversed. *Chatham Ice Cream Co. v. Sakakeeny,*29 Ga. App. 768 (3) supra; *Snowden v. Waterman & Co.,*110 Ga. 99, supra.

*Judgment affirmed on condition.*

*Felton, C. J., and Frankum, J., concur.*
§ 1081.405 Decision of the Director. ( a ) Upon appeal from or upon further review of preliminary findings and conclusions, the Director will consider such parts of the record as are cited or as may be necessary to resolve the issues presented and, in addition, will, to the extent necessary or desirable, exercise all powers which could have exercised if the Director had made the preliminary findings and conclusions. In proceedings before the Director, the record will consist of all items part of the record in accordance with § 1081.306 as follows: Any notices of appeal or order directing review; all briefs, motions, submissions, and other papers filed on appeal or review; and the transcript of any oral argument held. Review by the Director of preliminary findings and conclusions may be limited to the issues specified in the notice(s) of appeal or the issues, if any, specified in the order directing further briefing. On notice to all parties, however, the Director may, at any time prior to issuance of the Director's decision, raise and determine any other matters that the Director deems material, with opportunity for oral or written argument thereon by the parties.
( b ) Decisional employees may advise and assist the Director in the consideration and disposition of the case.
( c ) In rendering the Director's decision, the Director will affirm, adopt, reverse, modify, set aside, or remand for further proceedings the preliminary findings and conclusions and will include in the decision a statement of the reasons or basis for the Director's actions and the findings of fact upon which the decision is predicated.
( d ) At the expiration of the time permitted for the filing of reply briefs with the Director, the Office of Administrative Adjudication will notify the parties that the case has been submitted for final Bureau decision. The Director will issue and the Office of Administrative Adjudication will serve the Director's final decision and order within 90 days after such notice, unless within that time the Director orders that the adjudication proceeding or any aspect thereof be remanded to the hearing officer for further proceedings.
( e ) The Office of Administrative Adjudication will serve copies of a final decision and order of the Director upon each party to the proceeding in accordance with § 1081.113(d)(2); upon other persons required by statute, if any; and, if directed by the Director or required by statute, upon any appropriate State or Federal supervisory authority. A final decision and order will also be published on the Bureau's website or as otherwise deemed appropriate by the Bureau.
EX-10.10



 Exhibit 10.10 

FIRST AMENDMENT TO THE 

ITT EDUCATIONAL SERVICES, INC. 

AMENDED AND RESTATED 2006 EQUITY COMPENSATION PLAN 

WHEREAS, the shareholders of ITT Educational Services, Inc. (the “Company”) approved the ITT Educational Services, Inc. Amended and
Restated 2006 Equity Compensation Plan (the “Plan”) on May 7, 2013; and 
 WHEREAS, the Board of Directors of the Company now
desires to amend the Plan in certain respects that do not require shareholder approval. 
 NOW, THEREFORE, the Plan is hereby amended as
follows: 
  

	 	1.	Subsection 10(d) of the Plan is hereby amended to read as follows: 

 (d)
Period of Restriction. Except as otherwise provided in subsection (g) below, or pursuant to Section 20 in the event of a Change in Control or Subsidiary Disposition, an Award of Restricted Stock Units will be subject to one of the
following two (2) Periods of Restriction depending, as the case may be, upon whether the Award is subject to time-based or performance-based restrictions: 

(i) Time-Based Period of Restriction: Any Period of Restriction for an Award of Restricted Stock Units that is based
solely on the passage of time will not be less than one (1) year, unless the Committee determines otherwise. Any such Period of Restriction may, at the discretion of the Committee, lapse on a pro-rated, graded or cliff basis (as specified in an
Award Agreement). 
 (ii) Performance-Based Period of Restriction: Any Period of Restriction for an Award of
Restricted Stock Units that is based on the achievement of Performance Measures will not be less than one (1) year, which period may, at the discretion of the Committee, lapse on a pro-rated, graded, or cliff basis (as specified in an Award
Agreement). 
 2. This First Amendment to the Plan shall become effective upon its adoption by the Board of Directors of the
Company. 
 Adopted by the Board of Directors of ITT 

Educational Services, Inc. on October 20, 2014
#### G. E. HIRRILL *v.*CIVIL SERVICE COMMISSION of The City of Little Rock

75-372

Opinion delivered February 9, 1976

*Floyd Lofton,*for appellant.

*Joseph Kemp,*for appellee.

*227George Rose Smith, Justice.

In the court below a transcript of testimony presented to the Civil Service Commission was introduced as an exhibit and is part of the record on appeal. The appellant has filed a motion asking the court to waive Rule 9 (d) and to permit counsel to abstract the exhibit instead of photographing it and attaching it to the abstract.

The motion is unnecessary; but since there have been other similar misconceptions of the purpose of the Rule, we take this opportunity to explain that the Rule is intended to refer only to exhibits that cannot readily be abstracted in words, such as maps, plats, and photographs. The pertinent sentence in the Rule is being amended today to clarify the court’s intention.

PER CURIAM. The last sentence of Supreme Court Rule 9 (d) is amended to read as follows: Whenever a map, plat, photograph, or other similar exhibit, which cannot be abstracted in words, must be examined for a clear understanding of the testimony, the appellant shall reproduce such exhibit by photography or other process and attach such reproduction to the copies of the abstract filed in this court and served upon the opposing counsel, unless this requirement is shown to be impracticable and is waived by the court upon motion.
SCALE 1:24,000

BERNARDSTON QUADRANGLE

1 0.5 0 1 MILE

1 0.5 0 1 KILOMETER

U.S. DEPARTMENT OF THE INTERIOR

U.S. GEOLOGICAL SURVEY COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE STATE GEOLOGIST

AND EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Prepared in cooperation with the OPEN-FILE REPORT 2006-1260-G

Explanatory pamphlet accompanies map

Surficial Geologic Map of the Bernardston Quadrangle, Massachusetts

Compiled by

Janet R. Stone and Mary L. DiGiacomo-Cohen

2010

Base from U.S. Geological Survey, 1961.

Map was scanned, processed, georeferenced,

rectified, and cropped by the Office of the

Massachusetts State Geologist. Image available online at:

http://www.geo.umass.edu/stategeologist/frame_maps.htm

Geology mapped by J.R. Stone in 1975 (unpublished) and F.D.

Larsen in 1977 (unpublished). Mapping in part based on an

unpublished M.S. thesis by Retelle (1979). Distribution of

bedrock outcrops and shallow bedrock areas is from Balk (1956a).

Some postglacial units mapped using 2005 orthophoto images. CONTOUR INTERVAL 10 FEET

(SHEET 3 of 24)

(C

OLRAIN)

(N

O

R

TH

FIELD)

(BRATTLEBORO)

(GREENFIELD) 72°30'0"W

72°30'0"W

72°37'30"W

72°37'30"W

42°45'0"N

42°45'0"N

42°37'30"N

42°37'30"N

Stone, J.R., and DiGiacomo-Cohen, M.L., compilers, 2010,

Surficial geologic map of the Heath-Northfield-SouthwickHampden 24-quadrangle area in the Connecticut Valley

region, west-central Massachusetts:

U.S. Geological Survey Open-File Report 2006-1260-G.

Available online at http://pubs.usgs.gov/of/2006/1260/G.
719 A.2d 978

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Mark E. MAIER.

Misc. Docket AG, No. 19,

Sept. Term, 1998.

Court of Appeals of Maryland.

Oct. 22, 1998.

ORDER

This matter came before the Court on the Joint Petition of the Attorney Grievance Commission of Maryland and respondent, Mark E. Maier, to place the respondent on indefinite suspension.

The Court having considered the petition, it is this 22nd day of October, 1998,

ORDERED, by the Court of Appeals of Maryland, that the petition be, and it is hereby, GRANTED, and the respondent, Mark E. Maier, is suspended indefinitely from the practice of law in the State of Maryland, effective sixty days from the date of this Order, and it is further

ORDERED that judgment is hereby entered in favor of the Attorney Grievance Commission of Maryland against respondent in the sum of $4,563.33, and it is further

ORDERED that, as a condition precedent to the filing of any petition for reinstatement, all costs due the Attorney Grievance Commission of Maryland, shall be paid in full, and it is further

ORDERED that the Clerk of this Court shall strike the name of Mark E. Maier from the register of attorneys, and, pursuant to Maryland Rule 16-713, shall certify that fact to *655the Trustees of the Clients’ Security Trust Fund and the clerks of all judicial tribunals in the State.
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 48903-48904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23197]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Alabama Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that a planning meeting of 
the Alabama Advisory Committee (Committee) to the Commission will 
convene by conference call at 1:30 p.m. and adjourn at approximately 
2:30 p.m. on Thursday, November 19, 2009. The purpose of this meeting 
is to discuss the Committee's civil rights project.
    This meeting is available to the public through the following toll-
free call-in number: (866) 364-7584, conference call access code number 
30830452. Any interested member of the public may call this number and 
listen to the meeting. Callers can expect to incur charges for calls 
they initiate over wireless lines, and the Commission will not refund 
any incurred charges. Callers will incur no charge for calls they 
initiate over land-line connections to the toll-free telephone number. 
Persons with hearing impairments may also follow the proceedings by 
first calling the Federal Relay Service at 1-800-977-8339 and providing 
the Service with the conference call number and contact name Farella E. 
Robinson.
    To ensure that the Commission secures an appropriate number of 
lines for the public, persons are asked to register by contacting 
Corrine Sanders of the Central Regional Office and TTY/TDD telephone 
number, by 4:00 p.m. on November 13, 2009.
    Members of the public are entitled to submit written comments. The 
comments must be received in the regional office by December 19, 2009. 
The address is U.S. Commission on Civil Rights, 400 State Avenue, Suite 
908, Kansas City, Kansas 66101. Comments may be e-mailed to 
<a href="/cdn-cgi/l/email-protection#0365716c616a6d706c6d4376706060712d646c75"><span class="__cf_email__" data-cfemail="5b3d29343932352834351b2e28383829753c342d">[email protected]</span></a>. Records generated by this meeting may be inspected 
and reproduced at the Central Regional Office, as they become 
available, both before and after the meeting. Persons interested in the 
work of this advisory

[[Page 48904]]

committee are advised to go to the Commission's Web site, http://www.usccr.gov, or to contact the Central Regional Office at the above 
e-mail or street address.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

    Dated in Washington, DC, September 22, 2009.
Peter Minarik,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. E9-23197 Filed 9-24-09; 8:45 am]
BILLING CODE 6335-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
§ 17.257 Awards procedures. Applications for grants for planning or implementing agreements for the exchange of medical information or information facilities shall be reviewed by the Under Secretary for Health or designee. If it is determined approval of the grant is warranted, recommendations to that effect shall be made to the Secretary in writing and shall be accompanied by the following: ( a ) The recommendation for approval shall be accompanied by the written recommendation of the Subcommittee on Academic Affairs, and
( b ) The recommendation for approval shall be accompanied by the written draft of the certificate of award stating all conditions which the grantee is required to agree to under the provisions of § 17.258 and all other conditions to which it has been determined the grant will be subject, and
( c ) The recommendation shall include a certification that sufficient appropriated funds are available, and that the application for the grant is sufficient in all details as specified in §§ 17.254 through 17.256.
[33 FR 6012, Apr. 19, 1968, as amended at 42 FR 54805, Oct. 11, 1977. Redesignated and amended at 61 FR 21966, 21969, May 13, 1996]
**EXHIBIT 35.1**

 

**SERVICER COMPLIANCE STATEMENT**

**New Holland Credit Company, LLC**

 

The undersigned, a duly authorized officer ofNew Holland Credit Company, LLC (“NHCC”), as Servicer pursuant to the Sale and Servicing Agreement dated as of March 1, 2021(as amended from time to time, the “Sale and Servicing Agreement”) by and among NHCC, CNH Capital Receivables LLC and CNHEquipment Trust 2021-A, does hereby certify that:

 

1.           NHCC is Servicer under the Sale and Servicing Agreement.

 

2.           The undersigned is duly authorized as required pursuant to the Sale and Servicing Agreement to execute and deliver this Certificate tothe Indenture Trustee.

 

3.           This Certificate is delivered pursuant to Section 4.9(a) of the Sale and Servicing Agreement and Item 1123 of Regulation AB.

 

4.           A review of the Servicer’s activities during the 12 month period ending (and including) December 31, 2022 and of its performanceunder the Sale and Servicing Agreement has been made under my supervision.

 

5.           To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreementin all material respects throughout the 12 month period ending (and including) December 31, 2022.

 

6.           IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 30th day of March, 2023.

 

 

 

  

March 30, 2023
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                         31,000
<SECURITIES>                                   0
<RECEIVABLES>                                  407,000
<ALLOWANCES>                                   25,000
<INVENTORY>                                    155,000
<CURRENT-ASSETS>                               2,384,000
<PP&E>                                         940,000
<DEPRECIATION>                                 126,000
<TOTAL-ASSETS>                                 4,132,000
<CURRENT-LIABILITIES>                          5,151,000
<BONDS>                                        610,000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       28,000
<OTHER-SE>                                     (1,657,000)
<TOTAL-LIABILITY-AND-EQUITY>                   4,132,000
<SALES>                                        670,000
<TOTAL-REVENUES>                               670,000
<CGS>                                          433,000
<TOTAL-COSTS>                                  884,000
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             28,000
<INCOME-PRETAX>                                (675,000)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (675,000)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (675,000)
<EPS-BASIC>                                    (.02)
<EPS-DILUTED>                                  (.02)



</TABLE>
###### Editorial Note on Part 3

#### Editorial Note:

Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

#### §§ 3.662-3.664 [Reserved]
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 Research Frontiers
Incorporated (the "Company") on Form 10-Q for the quarter ended
June 30, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Robert L. Saxe,
Chairman of the Board and Chief Executive Officer of the
Company, 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) or 15(d), as applicable, 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 results of
     operations of the Company.


/s/ Robert L. Saxe
    Robert L. Saxe
    Chairman of the Board and Chief Executive Officer
    August 7, 2008
#### § 74.26 What types of business information will VA collect?

VA will examine a variety of business records. See § 74.12, “What must a concern submit to apply for VIP Verification Program?”

[83 FR 48232, Sept. 24, 2018]
<PAGE>   1
                                                                     Exhibit 4.3

                AMENDMENT TO THE PHILADELPHIA INSURANCE COMPANIES
                          EMPLOYEE STOCK PURCHASE PLAN

                                  APRIL 5, 2000

         WHEREAS, the Board of Directors (the "Board") of Philadelphia
Consolidated Holding Corp., a Pennsylvania corporation (the "Company") has
determined to amend certain provisions of the Philadelphia Insurance Companies
Employee Stock Purchase Plan (the "Plan") in order to increase the number of
shares available for purchase under the Plan; and

         WHEREAS, the Board is authorized to amend the Plan, at its discretion,
from time to time pursuant to Section 18 of the Plan.

NOW, THEREFORE, the Plan is hereby amended as follows:

         1.       Section 9 of the Plan is hereby amended to read, in its
entirety as follows:

                  "9.      Shares Subject to Plan. The aggregate maximum number
         of Shares that may be issued pursuant to the Plan is one million
         (1,000,000), subject to adjustment as provided in Section 17 of the
         Plan. The Shares delivered pursuant to the Plan may, at the option of
         the Company, be Shares purchased specifically for purposes of the Plan,
         shares otherwise held in treasury or Shares originally issued by the
         Company for such purpose."

         2.       In all other respects, the Plan is hereby ratified and
confirmed.
#### § 1010.2 [Reserved]