alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 249.2 Definitions.

For the purposes of this part:

*Authorized representatives of the DOT* means any persons, including special agents and auditors, designated by the DOT to perform inspections, audits, or examinations within the purview of the DOT's authority.

*Certificated air carrier* means the holder of a certificate of public convenience and necessity issued by the Department of Transportation under 49 U.S.C. 41102 or a certificate for all-cargo air service issued by the Department of Transportation under 49 U.S.C. 41103.

*Final adjudication* means the expiration date of the last possible period of review or reconsideration of a given case, by the DOT or by a court, that is provided by applicable statute or regulation.

*Open mail rate period* means the time interval between the date of institution of a new mail rate proceeding or the start of service over a new route for which no mail rate has previously been fixed, and the date upon which a DOT order setting the final mail rate becomes legally effective.

*Pending case* means any case that the DOT is empowered to hear before its final adjudication.

*Records* include all documents that are related to, or constitute integral links in developing the history of, or facts regarding, financial transactions or physical operations of a particular segment, operating division, or entire system of the carrier's operations. The term includes any copy of initially prepared documents which bear approvals, comments, or notations which were added and are of significance to a full explanation of recorded facts or information. The term *records* means not only accounting records in a limited technical sense but all other evidentiary accounts of events such as memoranda, correspondence, working sheets, tabulating equipment listings punched cards, computer-produced listings, microfilm, and magnetic storage media (*i.e.*, magnetic tapes, disks). The term *records* also means microform and/or tape reproductions of documents made as authorized by this subpart. In addition, the term *records* includes any of the above-described materials coming into the possession of the air carrier through merger, consolidation, succession, transfer, or other acquisition.

*Supporting papers (records)* means any group of documentary papers, such as memoranda, correspondence, working sheets, etc., that assist in upholding the accuracy or clarity of related records.

[ER-1214, 46 FR 25415, May 6, 1981, as amended at 60 FR 66725, Dec. 26, 1995]
exv10w4






Exhibit 10.4




CARDIOVASCULAR SYSTEMS, INC.

SUMMARY OF FISCAL 2010

EXECUTIVE OFFICER ANNUAL CASH INCENTIVE COMPENSATION




For fiscal 2010, our executive officers are eligible to receive annual cash incentive compensation
based on our achievement of revenue and adjusted EBITDA financial goals. Target bonus amounts will
be split evenly between these two goals. None of the executive officers is subject to individual
goals under this plan. Target bonus levels as a percentage of base salary are 75% for the President
and Chief Executive Officer and 50% for the other executive officers. Depending upon our
performance against the goals, participants are eligible to earn 50% to 200% of their target bonus
amount for adjusted EBITDA and 50% to 150% of their target bonus amount for revenue; however, in
the event of extraordinary revenue performance above the goals set by the Board, the participants
could receive incentive payments greater than 150% of their targets for the revenue goal based upon
a formula established by the Board, with no maximum payout set under the plan. The plan criteria
are the same for all of the executive officers. In addition to incentives under this plan, our Vice
President of Sales and Vice President of Business Development are eligible to receive monthly sales
commissions. The Board also has the authority to grant additional discretionary cash bonuses of up
to 15% of annual base salary for any executive officer.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7832
JERRY LYNN HIGH, Plaintiff - Appellant, versus MICHAEL S. HAMDEN, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-03-631-5-H) Submitted: February 12, 2004 Decided: February 23, 2004 Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Jerry Lynn High, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Jerry Lynn High appeals the district court’s judgment dismissing as frivolous his complaint against Michael S. Hamden and North Carolina Prisoner Legal Services, Incorporated. We have reviewed the record and find no reversible error. Accordingly, we dismiss the appeal as frivolous for the reasons stated by the district court. See High v. Hamden , No. CA-03-631-5-H (E.D.N.C. Oct. 29, 2003). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           2,456
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,456
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   2,456
<CURRENT-LIABILITIES>                               35
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,400
<OTHER-SE>                                      10,518
<TOTAL-LIABILITY-AND-EQUITY>                     2,456
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 3,551
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (3,551)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,551)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
<PAGE>
                                                                    EXHIBIT 99.1


                            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 American Plumbing &
Mechanical, Inc. (the "Company") on Form 10-Q for the period ending June 30,
2002, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Robert A. Christianson, 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) of the Securities Exchange Act of 1934; and

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



Date:    August 14, 2002                      /s/ Robert A. Christianson
                                              ----------------------------
                                                  Robert A. Christianson
                                                  Chief Executive Officer
#### § 61.421 May I give myself an endorsement?

No. If you hold a flight instructor certificate with a sport pilot rating, you may not give yourself an endorsement for any certificate, privilege, rating, flight review, authorization, practical test, knowledge test, or proficiency check required by this part.
##### 



UNITED STATES SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 FORM
10-QSB/A
  þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For
the quarterly period ended April 1, 2006
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the transition period from  to
 Commission file number: 0-25092
 ProLink Holdings Corp.
  Delaware
    
    86-0766246(State or other jurisdiction of
    
    (I.R.S. Employerincorporation or organization)
    
    Identification No.)410 South Benson Ln., Chandler, AZ
    
    85224(Address of principal executive offices)
    
    (Zip Code)
 (480) 961-8800
 þ o
 o þ
  Class
    
    
    Outstanding at November 14, 2006Common Stock, $.0001 par value per share
    
    
    34,877,781
 o þ




---



##### 



Explanatory Note
   Item 6. Exhibits and reports on Form 8-K
         ExhibitNumber
    
    Title of Document
    
    Notes10.1
    
    Amended and
Restated Exclusive
Licensing and
Distribution Agreement
dated as of May 8,
2006.
    
    31.1
    
    Certification of
Chief Executive
Officer Pursuant to
Securities and
Exchange Act Rule
13a-14, as Adopted
Pursuant to Section
302 of Sarbanes-Oxley
Act of 2002.31.2
    
    Certification of
Chief Financial
Officer Pursuant to
Securities and
Exchange Act Rule
13a-14, as Adopted
Pursuant to Section
302 of Sarbanes-Oxley
Act of 200232.1
    
    Certification
Pursuant to 18 U.S.C.
Section 1350, as
Adopted Pursuant to
Section 906 of The
Sarbanes-Oxley Act Of
2002
 
 
    
    We have requested confidential treatment of certain provisions
contained in this exhibit. The confidential portion has been so
omitted in the copy filed as an exhibit and has been filed
separately with the Securities Exchange Commission.




---



##### 



SIGNATURES
  PROLINK HOLDINGS CORP.By
    /s/ Lawrence D. BainLawrence D. BainPresident and Chief Executive Officer
EXHIBIT  32.2  --  CERTIFICATION  OF  CHIEF  FINANCIAL  OFFICER OF FIRST CAPITAL
INTERNATIONAL,  INC.,  PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
AND  SECTION  1350  OF  18  U.S.C.  63.


I,  Alex  Genin,  the  Acting  Chief  Financial  Officer  of  First  Capital
International,  Inc.  hereby  certify  that  First Capital International, Inc.'s
periodic  report  on  Form  10QSB and the financial statements contained therein
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange  Act of 1934 (15 U.S.C. 78m or 78o(d) and that information contained in
the periodic report on Form 10QSB and the financial statements contained therein
fairly represents, in all material respects, the financial condition and results
of  the  operations  of  First  Capital  International,  Inc.

Date: May 13, 2005          /s/ Alex Genin
                            Acting Chief Financial Officer
Exhibit 32.2



CERTIFICATION



Pursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code



I certify that, to the best of my knowledge, the Quarterly Report on Form 10-Q for the quarterly period ended September 30,
2003 (the 10-Q) of GEO Specialty Chemicals, Inc. (GEO) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the 10-Q fairly presents, in
all material respects, the financial condition and results of operations of GEO as of the dates and for the periods covered by the 10-Q.



|                        |  |  |  | GEO Specialty Chemicals, Inc.                                         
|----------------------- |  |  |  | ----------------------------------------------------------------------
|                        |  |  | 
|Date: November 14, 2003 |  |  |  | By:                                                                   
|                        |  |  |  |                                                                       
|                        |  |  |  | William P. Eckman Executive Vice
President and Chief Financial Officer
Exhibit A 


1

Main Booking Engine

Displays

full fare

and

provides

opportunity

to view

breakdown.


2

If the consumer clicks on "fare breakdown," this box will appear. Carrier-imposed

surcharges are clearly listed separately from government-imposed taxes.


3

The consumer can view additional detail by clicking on the tabs. Note that the

information regarding carrier-imposed charges is contained under a completely

separate tab from the government-imposed fees.


4

The consumer can view additional detail by clicking on the tabs. Note that the

information regarding carrier-imposed charges is contained under a separate tab

from the government-imposed fees.
5

Booking Engine for Award Travel

Displays

full fare in

miles and

monetary

amount and

provides

opportunity

to view

breakdown.
6

If the consumer clicks on "fare breakdown," this box will appear. It clearly separates

carrier-imposed surcharges from government-imposed taxes. As in the main

booking engine, consumers can click on the separate tabs at the top to obtain more

detail.
7

The next step provides another clear disclosure regarding the full fare and provides

another opportunity to view the breakdown.
Exhibit B 
1

Correction of Heading with Inadvertent Error, completed within hours of receiComplaint.
 2 

2

Correction of Heading with Inadvertent Error, completed within hours of receiving tComplaint.
#### § 417.227 Toxic release hazard analysis.

A flight safety analysis must establish flight commit criteria that protect the public from any hazard associated with toxic release and demonstrate compliance with the public risk criterion of § 417.107(b). The analysis must account for any toxic release that will occur during the proposed flight of a launch vehicle or that would occur in the event of a flight mishap. The analysis must account for any operational constraints and emergency procedures that provide protection from toxic release. The analysis must account for all members of the public that may be exposed to the toxic release, including all members of the public on land and on any waterborne vessels, populated offshore structures, and aircraft that are not operated in direct support of the launch.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

NOV 18, 2008

THOMAS K. KAHN

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-10164

________________________

D. C. Docket No. 03-23269-CV-JAL

KOBARID HOLDINGS, SA, 

a Luxemborg Corporation, 

TAMBOURINE COMERCIO, INTERNATIONAL SA, 

a Portugese Corporation, et. al., 

Plaintiffs-Appellees, 

versus

EDWARD MERRIT REIZEN, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(November 18, 2008)

Before HULL, MARCUS and KRAVITCH, Circuit Judges.

PER CURIAM:
In this appeal, we are called upon to address whether the Appellee Hawksbay

Ltd. (“Hawksbay”) presented sufficient evidence to support a jury verdict and final

judgment of almost $40 million rendered against Appellant Edward Merrit Reizen

(“Reizen”) in this diversity action. Hawksbay claimed that Reizen breached his

fiduciary duty, engaged in fraud, fraudulent concealment, conversion, civil theft, and

aided and abetted a breach of fiduciary duty in violation of Florida law. On appeal,

Reizen claims that the district court erred by denying his (1) motion for a new trial

on the breach of fiduciary duty count, (2) motion for a directed verdict or new trial

on the fraud, fraudulent concealment, conversion, civil theft, and aiding and abetting

a breach of fiduciary duty counts, and (3) motion for a new trial or remittitur on the

punitive damage award. After thorough review of the record and having taken oral

arguments, we affirm the final judgment of the district court in all respects. 

We are satisfied that there was sufficient evidence adduced at trial to support

Hawksbay’s claims of fraud, fraudulent concealment, conversion, civil theft, and

aiding and abetting a breach of fiduciary duty. We are also convinced that the

evidence presented amply supported the jury’s award of damages. 

AFFIRMED. 

2
§ 417.301 General. ( a ) *Applicability.* This subpart applies to any flight safety system that a launch operator uses. The requirements of § 417.107(a) define when a launch operator must use a flight safety system. A launch operator must ensure that its flight safety system satisfies all the requirements of this subpart, including the referenced appendices. Paragraph (b) of this section provides an exception to this.
( b ) *Alternate flight safety system.* A flight safety system need not satisfy one or more of the requirements of this subpart for a launch if a launch operator demonstrates, in accordance with § 406.3(b), that the launch achieves an equivalent level of safety as a launch that satisfies all the requirements of this part. The flight safety system must undergo analysis and testing that is comparable to that required by this part to demonstrate that the system's reliability to perform each intended function is comparable to that required by this subpart.
( c ) *Functions, subsystems, and components.* When initiated in the event of a launch vehicle failure, a flight safety system must prevent any launch vehicle hazard, including any payload hazard, from reaching a populated or other protected area. A flight safety system must consist of all of the following: ( 1 ) A flight termination system that satisfies appendices D, E, and F of this part;
( 2 ) A command control system that satisfies §§ 417.303 and 417.305;
( 3 ) Each support system required by § 417.307; and
( 4 ) The functions of any personnel who operate flight safety system hardware or software including a flight safety crew that satisfies § 417.311.
( d ) *Compliance* — ( 1 ) *Non-Federal launch site.* For launch from a non-Federal launch site, any flight safety system, including all components, must: ( i ) Comply with a launch operator's flight safety system compliance matrix of § 415.127(g) that accounts for all the design, installation, and monitoring requirements of this subpart, including the referenced appendices; and
( ii ) Comply with a launch operator's testing compliance matrix of § 415.129(b) that accounts for all the test requirements of this subpart, including the referenced appendices.
( 2 ) *Federal launch range.* This provision applies to all sections of this subpart. The FAA will accept a flight safety system used or approved on a Federal launch range without need for further demonstration of compliance to the FAA if: ( i ) A launch operator has contracted with a Federal launch range for the provision of flight safety system property and services; and
( ii ) The FAA has assessed the Federal launch range, through its launch site safety assessment, and found that the Federal launch range's flight safety system property and services satisfy the requirements of this subpart. In this case, the FAA will treat the Federal launch range's flight safety system property and services as that of a launch operator.
[Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016]
§ 385.10 Authority of Chief Administrative Law Judge, Office of Hearings. The Chief Administrative Law Judge has authority to: ( a ) Consolidate, upon recommendation of the Director, Office of International Aviation (or such staff member of the Office of International Aviation as he or she may designate), into one proceeding cases involving the investigation of a tariff or of complaints concerned with related tariffs.
( b ) With respect to matters to be decided after notice and hearing: ( 1 ) Dismiss applications or complaints (except those falling under subpart D of part 302 of this chapter (Procedural Regulations)) when such dismissal is requested or consented to by the applicant or complainant, or where such party has failed to prosecute such application or complaint;
( 2 ) Dismiss proceedings upon his or her finding that the proceeding has become moot or that no further basis for continuation exists; and
( 3 ) Dismiss an application subject to dismissal as stale under part 302 of this chapter.
[49 FR 50985, Dec. 31, 1984, as amended at 55 FR 20448, May 17, 1990; 65 FR 6457, Feb. 9, 2000]
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                       18 U.S.C. SECTION 1350, CHAPTER 63
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Amalgamated Technologies, Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Ellin, Chief Executive and Financial 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) 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 Ellin
--------------------------------------------------------------------
Name:  Robert Ellin
Title: President and Chief Financial Officer
       (Principal Executive Officer and Principal Financial Officer)

Date:    May 19, 2005


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
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 Allstates  WorldCargo,
Inc.  (the  "Company") on Form 10-Q for the period ending December 31, 2006
as  filed  with  the  Securities and  Exchange  Commission  (the
"Report"), I, Sam DiGiralomo, Chief Executive Officer of the  Company,
certify,  pursuant  to  18 U.S.C. ss. 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)
         of the Securities Exchange Act of 1934; and

    (2)  The information contained in the Report  fairly presents, in all
         material respects, the consolidated financial condition of the
         company as of the dates presented and the consolidated result of
         operations of the Company for the periods presented.


February 14, 2007

/s/ Sam DiGiralomo
President and Chief Executive Officer


This  certification has been furnished solely pursuant to Section  906
of the Sarbanes-Oxley Act of 2002.
[No. 48829-5-I.

Division One.

November 25, 2002.]

#### *In the Matter of the Personal Restraint of*Jay Anthony Stewart, *Petitioner.*

Petition for relief from personal restraint. *Denied*by unpublished opinion per Grosse, J., concurred in by Coleman and Baker, JJ.