alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                EXHIBIT (10)(b)
                                ---------------


                         OPINION AND CONSENT OF ACTUARY

<PAGE>

               [Transamerica Life Insurance Company Letterhead]


April 2, 2003


Transamerica Life Insurance Company
4333 Edgewood Road NE
Cedar Rapids, Iowa 52499-0001

Re: Atlas Portfolio Builder Variable Annuity
Separate Account VA B
   Registration on Form N-4

Dear Sir/Madam:

With regard to the above registration statement, I have examined such documents
and made such inquiries as I have deemed necessary and appropriate, and on the
basis of such examination, have the following opinions:

Fees and charges deducted under the Atlas Portfolio Builder Variable Annuity
policies are those deemed necessary to appropriately reflect:

(1)   the expenses incurred in the acquisition and distribution of the Policies,

(2)   the expenses associated with the development and servicing of the
      policies,

(3)   the assumption of certain risks arising from the operation and management
      of the policies and/or riders to the Policy and that provides for a
      reasonable margin of profit.

Fees and charges assessed against the policy values in the variable account
include:

(i)   Service Charge and Administrative Charge

(ii)  Mortality and Expense Risk Fee (M&E)

(iii) Taxes (including premium and other taxes if applicable)

(iv)  Surrender Charges

(v)   Any applicable rider fees or charges

<PAGE>

Transamerica Life Insurance Company
April 2, 2003
Page 2

The magnitude of each of the individual charges listed above in (i) through (v)
is established in the pricing of the Atlas Portfolio Builder Variable Annuity,
to achieve a reasonable Return on Investment (ROI), which is within the range
of industry practice with respect to comparable variable annuity products.

Except by coincidence, it is not expected that actual charges assessed in a
given year would exactly offset actual expenses incurred. Acquisition expenses
(as well as major product and/or systems development expenses) are incurred "up
front" and recovered, with a reasonable profit margin, through future years'
charges. In addition, the company cannot increase certain charges under the
Policies in the pricing process.

Therefore, in my opinion, the fees and charges deducted under the Policies, in
the aggregate, are reasonable in relation to the services rendered, the
expenses expected to be incurred, and the risks assumed by the company.

I hereby consent to the use of this opinion, which is included as an Exhibit to
the Registration Statement.

/s/  R. GENE HAUSER
------------------------------------------
R. Gene Hauser
Associate Actuary
Transamerica Life Insurance Company
Fourth Court of Appeals

San Antonio, Texas

November 1, 2018

No. 04-18-00326-CR

Kevin Deshon FOSTER,

Appellant

v.

The STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2016CR6383

Honorable Melisa C. Skinner, Judge Presiding

O R D E R

Appellant’s brief is due on October 31, 2018. Before the due date, Appellant filed a first 

motion for a ninety-day extension of time to file the brief. 

Appellant’s motion is GRANTED IN PART. Appellant’s brief is due on December 31, 

2018. 

We caution Appellant that any further request for an extension of time to file the 

brief will be strongly disfavored.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 1st day of November, 2018.

___________________________________

Keith E. Hottle

Clerk of Court
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

LESHANNON JEROME SHELLY

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 2 022

- 0754

[ May 9, 2024 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit,

Indian River County ; Robert Makemson , Judge ; L.T. Case No.

312011CF001538A

.

Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig,

Senior Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed

.

M AY

, F ORST and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### SWEARINGEN'S ADMINISTRATORS *v.*SWEARINGEN.

Bill of discovery — delay—excuse.

Where a bill for a discovery has been delayed until the cause at law is about to be called on, the court will not delay the cause foran answer, unless the delay is excused, and cause shown for delaying further.

Debt. When this cause was called on,

*Goodenow,*for the defendant,

stated that a bill for a discovery had been filed that morning, with a view ta obtain evidence in the case, and moved that the cause may lie until the answer comes in.

By the Court.

The right to file a hill for a discovery in aid of a suit at law, is undoubted. But it does not necessarily follow, that the cause shall be delayed. If the party hold back his bill for a discovery, until the cause is called on fop trial, and he would wait for the answer, it is incumbent upon him to excuse his delay, and show cause why time should be given him. The bill in this case, discloses no cause for the delay, except the complainant’s own acts. The cause must proceed. The parties then agreed to a judgment.
~JO. 89-441 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1990 

IN RE THE PARRIAGE OF 

ANN ELIZABETH GREGORY THOMSEN, 

petitioner and Respondent, 

and 

CHRIS ARTHUR THOMSEN, 

Respondent and Appellant. 

APPEAL FROM: District Court of the Thirteenth Judicial District, 

In and for the County of Yellowstone, 

The Honorable Russell ~illner, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Linda L. ~arris; Harris li Ventrell, ~illinqs, Montana 

For Respondent: 

~irginia A. Bryan; Wright, Tolliver & Guthals, ~illings, 

Montana 

k-- Submitted on ~riefs: Dec. 21, 1989 

~ecided: February 15, 1990 
Chief Justice J. A. Turnage delivered the Opinion of the Court. 

Chris Arthur Thomsen appeals from the restrictions on his 

visitation with his minor child in this modification of a dissolution of marriage entered in the Thirteenth Judicial District, 

Yellowstone County. 

On reviewing the record, the Court concludes that substantial 

evidence supports the finding that a psychologist testified that 

unsupervised visitation without treatment of Chris would seriously 

endanger the child's physical and emotional health; Further, the 

record supports the District Court's conclusion that visitation, 

absent alcohol abuse evaluation and mental health counseling for 

Chris, would place the child in an unnecessarily hazardous setting. 

We hold that substantial evidence supports the restriction of 

visitation rights under 5 40-4-217(1), MCA. 

Affirmed. 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of this Court and by a report of its result to the 

West Publishing Company. 
We concur:
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§ 1213.101 Applicability. ( a ) This policy applies to NASA Headquarters, NASA Centers, and Component Facilities.
( b ) In the event of any conflict between this policy and any other NASA policy, directive, or regulation, this policy shall govern and supersede any previous issuance or directive.
( c ) The requirements of this part do not apply to the Office of Inspector General regarding its activities.
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 Commerce

###### Foreign-Trade Zones Board 

          - [Order No. 1091] 

Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: 

Whereas, Codezol, C.D., grantee of Foreign-Trade Zone 163, submitted an application to the Board for authority to expand FTZ 163 to include an additional site (FTZ Docket 14-99; filed 3/29/99, and amended 12/20/99); 

                    Whereas, notice inviting public comment was given in                     **Federal Register**                     (64 FR 18878, 4/16/99) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,                 

Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and Board's regulations are satisfied, and that the proposal is in the public interest; 

Now, Therefore, the Board hereby orders: 

The application to expand FTZ 163 is approved, as amended, subject to the Act and the Board's regulations, including Section 400.28. 

Signed at Washington, DC, this 18th day of April 2000. 

Troy H. Cribb, 

Acting Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board.

Attest: 

Dennis Puccinelli, 

Acting Executive Secretary. 

[FR Doc. 00-10540 Filed 4-26-00; 8:45 am] 

BILLING CODE 3510-DS-P
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 21, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-30803

Conference Calendar

 

KENNETH SPRADLEY,

Plaintiff-Appellant,

versus

O. KENT ANDREWS, TOMMY DAVIS, BUCK DUPLECHAIN,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 2:02-CV-1546-PM-APW

--------------------

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. 

PER CURIAM:*

Kenneth Spradley (Spradley), Louisiana prisoner # 101526,

appeals the district court’s summary judgment in favor of the

defendants in his 42 U.S.C. § 1983 action claiming that he

suffered injuries as a result of excessive force by prison

officials. On appeal, Spradley does not address any of the facts

or issues asserted by the defendants in the motion for summary

judgment. He fails to challenge the decision of the district

court in granting the motion.
No. 04-30803

-2-

Although pro se briefs are afforded liberal construction,

Haines v. Kerner, 404 U.S. 519, 520 (1972), arguments must be

briefed to be preserved. Yohey v. Collins, 985 F.2d 222, 224-25

(5th Cir. 1993). Because Spradley failed to brief any of the

issues raised in the granting of the defendants’ motion for

summary judgment, he has abandoned any issues before this court. 

Hughes v. Johnson, 191 F.3d 607, 612-13 (5th Cir. 1999). 

Spradley’s appeal is without arguable merit and, therefore, is

DISMISSED as frivolous. See Howard v. King, 707 F.2d 215, 220

(5th Cir. 1983); 5th Cir. R. 42.2. 

Spradley previously filed a 42 U.S.C. § 1983 action which

was dismissed by the district court as frivolous. Spradley v.

Batiste, No. 96-22-B-1 (M.D. La. Jan. 31, 1996). The dismissal

of the prior § 1983 action and the dismissal of the instant

appeal as frivolous count as two strikes under 28 U.S.C. 

§ 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th

Cir. 1996). Spradley is cautioned that once he accumulates three

strikes, he will not be able to proceed in forma pauperis in any

civil action or appeal filed while he is incarcerated or detained

in any facility unless he is under imminent danger of serious

physical injury. See 28 U.S.C. § 1915(g). 

 APPEAL DISMISSED; SANCTION WARNING ISSUED.
----

            COMMISSION DECISION         

of 8 March 2005         

amending Decision 2004/475/EC adopting a transitional measure in favour of certain establishments in the meat and milk sectors in Slovenia

(notified under document number C(2005) 518)

(Text with EEA relevance)

(2005/193/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 42 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2004/475/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 March 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 160, 30.4.2004, p. 78, corrected version (OJ L 212, 12.6.2004, p. 47).

----

ANNEX

                     ‘ANNEX

MEAT ESTABLISHMENTS IN TRANSITION

----
<PAGE>


                                                                    Exhibit 99.2


                Statement of Chief Financial Officer 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 Annual Report on Form 10-K of Knight Trading Group, Inc.
(the "Company") for the fiscal year ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), John B.
Howard, as Acting Chief Financial Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:

(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 results of operations of the Company.

                               /S/ John B. Howard
--------------------------------------------------------------------------------

Name:

John B. Howard



Title:

Acting Chief Financial Officer


Date:

March 31, 2003

This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000797975
<NAME> ARMOR-ALL-PRODUCTS-CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          54,915
<SECURITIES>                                         0
<RECEIVABLES>                                   32,022
<ALLOWANCES>                                     1,397
<INVENTORY>                                      7,161
<CURRENT-ASSETS>                               102,953
<PP&E>                                          16,422
<DEPRECIATION>                                   7,623
<TOTAL-ASSETS>                                 150,247
<CURRENT-LIABILITIES>                           25,271
<BONDS>                                              0
<PREFERRED-MANDATORY>                              214
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     124,227
<TOTAL-LIABILITY-AND-EQUITY>                   150,247
<SALES>                                         92,701
<TOTAL-REVENUES>                                92,701
<CGS>                                           42,031
<TOTAL-COSTS>                                   42,031
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,928
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 13,610
<INCOME-TAX>                                     5,527
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,633
<EPS-PRIMARY>                                     0.36
<EPS-DILUTED>                                        0
        

</TABLE>
# Official Journal C 57/22 F

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 57 |
| | |
| English edition | Information and Notices | Volume 6022 February 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 57

English edition

Information and Notices

Volume 6022 February 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 57/01 | Common Catalogue of varieties of vegetable species — second supplement to the 35th complete edition | 1 |
| 2017/C 57/02 | Common catalogue of varieties of agricultural plant species — second supplement to the 35th complete edition | 16 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 57/01

Common Catalogue of varieties of vegetable species — second supplement to the 35th complete edition

1

2017/C 57/02

Common catalogue of varieties of agricultural plant species — second supplement to the 35th complete edition

16

---

| EN | |
| --- | --- |

EN
<PAGE>

                                                                    EXHIBIT 10.9

                              M I C R 0 P H A S E
                             C 0 R P 0 R A T I 0 N

                               Microphase/mPhase
                               -----------------

                         FACILITIES/SERVICES AGREEMENT
                         -----------------------------

This agreement is made effective this 1st day of July, 1998 between Microphase
Corporation, a Connecticut Corporation having a place of business at 587
Connecticut Avenue, Norwalk, CT. 06854-0960 (referred to as "Microphase") and
mPhase Technologies, Incorporated, a Delaware Corporation, having a place of
business at 587 Connecticut Avenue, Norwalk, CT. 06854-0960 (referred to as
"mPhase").

     WHEREAS, in order to facilitate the initiation of operation of mPhase, the
Parties wish to take advantage of certain facilities and services available at
Microphase;

     NOW, THEREFORE, the Parties agree as follows:

1.   Microphase hereby makes available to mPhase, the use of general office
     space.

2.   Microphase hereby agrees to provide general administrative services,
     including maintaining an independent accounting function for mPhase
     Technologies, Inc.

3.   mPhase shall employ separate and independent auditors to review quarterly,
     and audit the annual financial statement.

4.   mPhase shall pay to Microphase the sum of $50,000.00 on a month to month
     basis composed of ($10,000.00 Facilities fee and $40,000.00 Engineering
     fee), during the term of this agreement.
<PAGE>

                              M I C R 0 P H A S E
                             C 0 R P 0 R A T I 0 N


IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed as of the day and year first above written.



Microphase Corporation:

By:
   ---------------------------------
Name:  Torry Guardino
Title: Contract Administrator
Date:
     -------------------------------

mPhase Technologies, Inc.

By:
   ---------------------------------
Name:  Gustave T. Dotoli
Title: Executive Vice President
Date:
     -------------------------------
#### Section 01 [Reserved]
Case:17-03283-LTS Doc#:24035-44 Filed:04/19/23 Entered:04/19/23 22:37:35 Desc:

Exhibit Page 1 of 1
#### § 1221.204 Proceedings of the NASA Incentive Awards Board.

The NASA Incentive Awards Board shall thoroughly consider the facts giving rise to a recommendation for nomination and shall prepare a report for the Administrator. The Board should, to the extent practicable, coordinate its efforts with those of the astronaut's employing agency, as appropriate. Its final report must take into account any pertinent information submitted by the employing agency.
###### Editorial Note on Part 709

#### Editorial Note:

Nomenclature changes to part 709 appear at 84 FR 1607, Feb. 5, 2019.

#### § 709.12 Treatment of swap agreements in liquidation or conservatorship.

The Board has determined that a swap agreement, as defined in the Federal Deposit Insurance Act at 12 U.S.C. 1821(e)(8)(D)(vi), is a qualified financial contract for purposes of the special treatment for qualified financial contracts provided in 12 U.S.C. 1787(c). Any master agreement for any swap agreement, together with all supplements to such master agreement, will be treated as one swap agreement.

[68 FR 32356, May 30, 2003. Redesignated at 82 FR 50294, Oct. 30, 2017]
#### § 1250.112 Relationship with other officials.

NASA officials, in performing the functions assigned to them by this part, are responsible for recognizing the delegations of authority and responsibility of other NASA officials and for seeing the actions taken or instructions issued by them are properly coordinated with the offices and divisions having joint interests.