alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CITY COURT OF NEW YORK, GENERAL TERM,

JULY, 1900.

#### John J. Bell, Respondent, *v.*Martin Pletscher, Appellant.

Appeal from a judgment entered upon a verdict, and from an order denying a motion for a new trial.

J. Homer Hildreth, for appellant.

Earley, Heath & Stewart (M. J. Earley, of counsel), for respondent.

Conlan, J.

On or about May 19, 1899, one P. M. Linfante, being indebted to the plaintiff, as it is alleged, made his draft, in *747writing upon the defendant in favor of the plaintiff, and delivered it to the plaintiff, who afterwards caused the same to be presented to the defendant, and the latter retained the draft, saying, as it is alleged, that there were sufficient funds in his hands to pay the same, and that he would attend to it. It is testified, too, that the defendant suggested the insertion also of the name of the original contractor in the draft, and that this was done, and as thus made and delivered the defendant retained the draft. It was thus that the debtor sought to have the funds in the hands of the person who was receiving the benefit of the material furnished applied to liquidating the indebtedness incurred therefor.

The matter was submitted to the jury under a charge of the court as to whether or not there was a delivery to and retention of-this draft or order, and they determined this question in the affirmative.

' In Brill v. Tuttle, 81 E. T. 454, it was held that where, for a valuable consideration received from the payee, an order is drawn upon a third party, payable out of a particular fund then due, or to become due from him to the drawer, the delivery of the order to the payee operates as an assignment *pro tanto*of the fund. This, we think, was analogous with the case at bar, and the acceptance by and retention on the part of the defendant of the draft, and the promise that he would attend to it, rendered the defendant liable to the plaintiff for the amount for which the draft had been given.

There was no exception by the defendant to the charge of the trial justice, and we must assume, therefore, that he was entirely satisfied with the manner of submission to the jury of the questions upon which it was their province to pass. "We do .not find in the record anything calling for our interference with the result of the case at the Trial Term, and .the judgment and order appealed from must, therefore, be affirmed, with costs.

Hascall, J., concurs.

Judgment and order affirmed, with costs.
<PAGE>

                                                                          EX-4.1



                                  Amendment to
                        The Harrah's Entertainment, Inc.
                             1990 Stock Option Plan



          Harrah's Entertainment, Inc. (the "Company") hereby adopts this
Amendment to the Harrah's Entertainment, Inc. 1990 Stock Option Plan (the
"Plan"), subject to stockholder approval, which approval is expected to occur on
April 27, 2000:


          The following language is added at the end of Section D.2 of the Plan:

          "Effective February 23, 2000, the number of authorized common shares
          that may be issued pursuant to the options and stock appreciation
          rights granted by the Committee under the Plan is increased by an
          additional 1,800,000 shares. No options or stock appreciation rights
          may be granted under this Plan with respect to such 1,800,000 shares
          after February 28, 2008, and options utilizing these shares will be
          subject to the same repricing restrictions contained in the provisions
          of the first sentence of Section B.3 of the Plan that apply to the
          3,500,000 shares authorized by the Plan Amendment dated February 26,
          1998";

          This Amendment was duly approved by the Human Resources Committee
of the Board of Directors on February 23, 2000.


                                  By:  /s/  STEPHEN H. BRAMMELL
                                       -----------------------------------------
                                       Stephen H. Brammell
                                       Secretary of Harrah's Entertainment, Inc.



                                       -8-
42491.

#### E. & M. CONSTRUCTION COMPANY, INC. v. BOB.

Argued January 4, 1967

Decided January 19, 1967

Rehearing denied February 2, 1967

*Fryer & Harp, Joel J. Fryer, W. 0. Rankin, III,*for appellant.

*William T. Brooks, James C. Abernathy,*for appellee.

Hall, Judge.

The defendant contends that the petition does not allege a breach of duty imposed by law independent of the contract, and is predicated, as was the case of *Orkin Termite Co. v. Duffell,*97 Ga. App. 215 (102 SE2d 629) on negligence in failing to perform the contract and not on the negligent performance of such contract, and therefore failed to set out a cause of action ex delicto. The above allegations show that the defendant commenced to perform the contract by removing siding from the house at a time when it could have been foreseen that damage would result if the house without siding was not protected from the elements, and that the defendant did not protect the property from such damage, which in fact re-*128suited. This is defective performance rather than failure to perform the alleged contract.

Independently of any duty under a contract, the law imposes upon a contractor the duty not to negligently and wrongfully injure and damage the property of another. *Monroe v. Guess,*41 Ga. App. 697, 700 (154 SE 301). Accord *Mauldin v. Sheffer,*113 Ga. App. 874, 880 (150 SE2d 150).

“One who undertakes by virtue of a contract to repair a chattel for another owes to such other the duty to use ordinary care in making such repairs so as not to endanger the lives and limbs of others by a negligent performance, the consequences of which may be foreseen by him.” *Frank Graham Company v. Graham,*90 Ga. App. 840 (2) (84 SE2d 579). The law would be inconsistent if it did not impose upon one who undertakes to repair real estate a like duty to use ordinary care in making the repairs not to endanger the persons or property of others.

“In any case there may be negligence in carrying out the contract or in failing to carry it out, and this negligent 'misfeasance’ or 'nonfeasance’ may hurt someone ... in a way over and above the withholding of performance.” 2 Harper and James, The Law of Torts 1050, § 18.6. See Prosser on Torts (2d Ed.) 478 et seq., § 81; 86 CJS 924, Torts, § 3; 38 AmJur 662, Negligence, § 20: Cf. *State Mut. Life &c. Assn. v. Baldwin,*116 Ga. 855, 858 (43 SE 262); *Fain v. Wilkerson,*22 Ga. App. 193 (95 SE 752); *Tapley v. Youmans,*95 Ga. App. 161, 173 (97 SE2d 365).

Whether or not the plaintiff could bring a tort action for failure to perform the contract, this petition is based on negligence in performance undertaken and alleges a breach by the defendant of a duty imposed by law independent of the alleged contract.

The trial court did not err in overruling the defendant’s general demurrer.

*Judgment affirmed.*

*Felton, C. J., and Eberhardt, J., concur.*
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                          53,061
<INT-BEARING-DEPOSITS>                         567,939
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     16,743
<INVESTMENTS-CARRYING>                         254,595
<INVESTMENTS-MARKET>                           252,267
<LOANS>                                        450,312
<ALLOWANCE>                                      4,009
<TOTAL-ASSETS>                                 831,775
<DEPOSITS>                                     619,048
<SHORT-TERM>                                   100,391
<LIABILITIES-OTHER>                              5,127
<LONG-TERM>                                     44,719
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            27
<OTHER-SE>                                      62,463
<TOTAL-LIABILITIES-AND-EQUITY>                 831,775
<INTEREST-LOAN>                                 10,241
<INTEREST-INVEST>                                5,235
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                15,476
<INTEREST-DEPOSIT>                               6,242
<INTEREST-EXPENSE>                               8,574
<INTEREST-INCOME-NET>                            6,902
<LOAN-LOSSES>                                      435
<SECURITIES-GAINS>                                 521
<EXPENSE-OTHER>                                  7,288
<INCOME-PRETAX>                                  2,248
<INCOME-PRE-EXTRAORDINARY>                       1,487
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,487
<EPS-PRIMARY>                                     0.59
<EPS-DILUTED>                                     0.59
<YIELD-ACTUAL>                                    8.02
<LOANS-NON>                                     13,878
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                 4,907
<LOANS-PROBLEM>                                  1,330
<ALLOWANCE-OPEN>                                 3,622
<CHARGE-OFFS>                                      113
<RECOVERIES>                                        65
<ALLOWANCE-CLOSE>                                4,009
<ALLOWANCE-DOMESTIC>                             4,009
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
# C_2011169EN.01001001.xml

| 9.6.2011 | EN | Official Journal of the European Union | C 169/10 |
| --- | --- | --- | --- |

9.6.2011

EN

Official Journal of the European Union

C 169/10

---

No State aid within the meaning of Article 61 of the EEA Agreement

2011/C 169/05

The EFTA Surveillance Authority raises no objections to the following State aid measure

Date of adoption of the decision:

Case number: 68556

Decision number: 491/10/COL

EFTA State: Norway

Name of the beneficiary: Norsk Miljø Energi AS

Type of measure: Individual aid under the Energy Fund Scheme, subject to a detailed assessment under the EFTA Surveillance Authority’s Guidelines on State aid for environmental protection

Scheme: The Energy Fund scheme approved by the EFTA Surveillance Authority with Decision No 125/06/COL of 3 May 2006

Objective: Environmental protection

Form of aid: Grant

Aid amount: NOK 388 million

Economic sectors: Electricity production

Name and address of the granting authority:

| Enova SF |
| --- |
| Professor Borchsgt. 2 |
| 7030 Trondheim |
| NORWAY |

Enova SF

Professor Borchsgt. 2

7030 Trondheim

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---
§ 1408.37 Definitions. In this subpart, the following definitions shall apply: ( a ) *Agency* means: ( 1 ) An executive agency as defined by 5 U.S.C. 105, including the United States Postal Service and the United States Postal Rate Commission;
( 2 ) A military department as defined in 5 U.S.C. 102;
( 3 ) An agency or court of the judicial branch, including a court as defined in 28 U.S.C. 610, the District Court for the Northern Mariana Islands, and the Judicial Panel on Multi-district Litigation;
( 4 ) An agency of the legislative branch, including the United States Senate and the United States House of Representatives; or
( 5 ) Other independent establishments that are entities of the Federal Government.
( b ) *Disposable pay* means, for an officially established pay interval, that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. The Corporation shall allow the deductions described in 5 CFR 581.105 (b) through (f).
( c ) *Employee* means a current employee of the Corporation or other agency, including a current member of the Armed Forces or Reserve of the Armed Forces of the United States.
( d ) *Waiver* means the cancellation, remission, forgiveness, or nonrecovery of a debt allegedly owed by an employee to the Corporation or another agency as permitted or required by 5 U.S.C. 5584 or 8346(b), 10 U.S.C. 2774, 32 U.S.C. 716, or any other law.
EXHIBIT 10.2

LETTER OF INTENT

Party A: Chengdu Qianfeng Digital Audio/Video Equipment Co. Ltd. of China

Party B: China NetTV Corp.
         (registered in BVI, the subsidiary company of Richco Investors Inc.)

Through friendly straightforward communications, both Parties come to an
agreement on the development of China cable digital TV broadcasting (DTV-C) and
the marketing of digital set top box, and agree to set up a joint venture
company named Chengdu Qianfeng NetTV Co., Ltd., so as to adequately utilize the
resources of both Parties, complement each other and unite each other. The
Parties hereby agree as follows:

1.   Both parties set up the Joint Venture Company in Chengdu, Sichuan province,
     China. Party A will contribute all its assets (including tangible assets
     and intangible assets). Party B will contribute cash.

2.   The organization form of the joint venture company is a limited liability
     company. Each party to the joint venture company is liable to the joint
     venture company within the limit of the capital subscribed by it. The
     profits, risks and losses of the joint venture company shall be shared by
     the Parties in proportion to their contributions of the registered capital.

3.   The total amount of investment of the joint venture company is US$20.6
     million that can be changed into RMB Yuan 170.362 million (US$1 is equal to
     RMB Yuan 8.27). Thereinto, Party A owns 49% of the total amount and Party B
     owns 51% of the total amount.

4.   Party A contributes all its effective assets such as cash and equipment
     based on an appraisal. Party B contributes cash and will pay its
     contribution in two stages.

5.   If there is something not mentioned here, it shall be settled through
     friendly consultations between both parties.

6.   There are four copies of the agreement. Each party holds two. This
     agreement will take effect as soon as the representatives of both parties
     sign it.

Chengdu Qianfeng Digital                        China NetTV Corp.
AV Equipment Co., Ltd.

Signature:  /s/ Jiufu Jiang                     Signature:  /s/ Ernest K. Cheung
            ------------------------                        --------------------

Date:  April 6, 2000                            Date:  April 6, 2000
# C_2023315EN.01000301.xml

| 5.9.2023 | EN | Official Journal of the European Union | C 315/3 |
| --- | --- | --- | --- |

5.9.2023

EN

Official Journal of the European Union

C 315/3

---

Euro exchange rates (1)

4 September 2023

(2023/C 315/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0801 |
| JPY | Japanese yen | 158,11 |
| DKK | Danish krone | 7,4527 |
| GBP | Pound sterling | 0,85550 |
| SEK | Swedish krona | 11,9010 |
| CHF | Swiss franc | 0,9548 |
| ISK | Iceland króna | 143,10 |
| NOK | Norwegian krone | 11,5005 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,108 |
| HUF | Hungarian forint | 383,05 |
| PLN | Polish zloty | 4,4663 |
| RON | Romanian leu | 4,9460 |
| TRY | Turkish lira | 28,9242 |
| AUD | Australian dollar | 1,6708 |
| CAD | Canadian dollar | 1,4686 |
| HKD | Hong Kong dollar | 8,4620 |
| NZD | New Zealand dollar | 1,8170 |
| SGD | Singapore dollar | 1,4622 |
| KRW | South Korean won | 1 423,17 |
| ZAR | South African rand | 20,4602 |
| CNY | Chinese yuan renminbi | 7,8528 |
| IDR | Indonesian rupiah | 16 466,12 |
| MYR | Malaysian ringgit | 5,0279 |
| PHP | Philippine peso | 61,144 |
| RUB | Russian rouble | |
| THB | Thai baht | 38,030 |
| BRL | Brazilian real | 5,3328 |
| MXN | Mexican peso | 18,4356 |
| INR | Indian rupee | 89,3045 |

Currency

Exchange rate

USD

US dollar

1,0801

JPY

Japanese yen

158,11

DKK

Danish krone

7,4527

GBP

Pound sterling

0,85550

SEK

Swedish krona

11,9010

CHF

Swiss franc

0,9548

ISK

Iceland króna

143,10

NOK

Norwegian krone

11,5005

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,108

HUF

Hungarian forint

383,05

PLN

Polish zloty

4,4663

RON

Romanian leu

4,9460

TRY

Turkish lira

28,9242

AUD

Australian dollar

1,6708

CAD

Canadian dollar

1,4686

HKD

Hong Kong dollar

8,4620

NZD

New Zealand dollar

1,8170

SGD

Singapore dollar

1,4622

KRW

South Korean won

1 423,17

ZAR

South African rand

20,4602

CNY

Chinese yuan renminbi

7,8528

IDR

Indonesian rupiah

16 466,12

MYR

Malaysian ringgit

5,0279

PHP

Philippine peso

61,144

RUB

Russian rouble

THB

Thai baht

38,030

BRL

Brazilian real

5,3328

MXN

Mexican peso

18,4356

INR

Indian rupee

89,3045

---

(1)  Source: reference exchange rate published by the ECB.

---
Exhibit10_5_NonEmployeeDirectorCompPolicy


Exhibit 10.5


Global Eagle Entertainment Inc.
Non-Employee Director Compensation Policy
Adopted March 16, 2015


-     $75,000 annual cash fee for Board service;
-     $10,000 annual cash fee for each of the Chairman of the Compensation Committee;
-     $25,000 annual cash fee for the Chairman of the Audit Committee;
-     $25,000 annual cash fee for the Chairman of the Board; and
-     $100,000 annual equity grant for each non-employee director.
§ 1291.21 Eligible applicants. ( a ) *Member applicants.* A Bank shall accept applications for AHP subsidy under its General Fund and any Targeted Funds only from institutions that are members of the Bank at the time the application is submitted to the Bank.
( b ) *Project sponsor qualifications* — ( 1 ) *In general.* A project sponsor must be qualified and able to perform its responsibilities as committed to in the application for AHP subsidy funding the project.
( 2 ) *Revolving loan fund.* Pursuant to written policies adopted by a Bank's board of directors, a revolving loan fund sponsor that intends to use AHP direct subsidy in accordance with § 1291.31 shall: ( i ) Provide audited financial statements that its operations are consistent with sound business practices; and
( ii ) Demonstrate the ability to re-lend AHP subsidy repayments on a timely basis and track the use of the AHP subsidy.
( 3 ) *Loan pool.* Pursuant to written policies adopted by a Bank's board of directors, a loan pool sponsor that intends to use AHP subsidy in accordance with § 1291.32 shall: ( i ) Provide evidence of sound asset/liability management practices;
( ii ) Provide audited financial statements that its operations are consistent with sound business practices; and
( iii ) Demonstrate the ability to track the use of the AHP subsidy.
§ 238.4 Records, reports, and inspections. ( a ) *Records.* Each savings and loan holding company shall maintain such books and records as may be prescribed by the Board. Each savings and loan holding company and its non-depository affiliates shall maintain accurate and complete records of all business transactions. Such records shall support and be readily reconcilable to any regulatory reports submitted to the Board and financial reports prepared in accordance with GAAP. The records shall be maintained in the United States and be readily accessible for examination and other supervisory purposes within 5 business days upon request by the Board, at a location acceptable to the Board.
( b ) *Reports.* Each savings and loan holding company and each subsidiary thereof, other than a savings association, shall file with the Board such reports as may be required by the Board. Such reports shall be made under oath or otherwise, and shall be in such form and for such periods, as the Board may prescribe. Each report shall contain information concerning the operations of such savings and loan holding company and its subsidiaries as the Board may require.
( c ) *Registration statement* — ( 1 ) *Filing of registration statement.* Not later than 90 days after becoming a savings and loan holding company, each savings and loan holding company shall register with the Board by furnishing information in the manner and form prescribed by the Board.
( 2 ) *Date of registration.* The date of registration of a savings and loan holding company shall be the date on which its registration statement is received by the Board.
( 3 ) *Extension of time for registration.* For timely and good cause shown, the Board may extend the time within which a savings and loan holding company shall register.
( d ) *Release from registration.* The Board may at any time, upon its own motion or upon application, release a registered savings and loan holding company from any registration theretofore made by such company, if the Board shall determine that such company no longer has control of any savings association or no longer qualifies as a savings and loan holding company.
( e ) *Examinations.* Each savings and loan holding company and each subsidiary thereof shall be subject to such examinations as the Board may prescribe. The Board shall, to the extent deemed feasible, use for the purposes of this section reports filed with or examinations made by other Federal agencies or the appropriate State supervisory authority.
( f ) *Appointment of agent.* The Board may require any savings and loan holding company, or persons connected therewith if it is not a corporation, to execute and file a prescribed form of irrevocable appointment of agent for service of process.