alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1471.205 Why is it important if a particular transaction is a covered transaction? The importance of a covered transaction depends upon who you are. ( a ) As a participant in the transaction, you have the responsibilities laid out in subpart C of this part. Those include responsibilities to the person or Federal agency at the next higher tier from whom you received the transaction, if any. They also include responsibilities if you subsequently enter into other covered transactions with persons at the next lower tier.
( b ) As a Federal official who enters into a primary tier transaction, you have the responsibilities laid out in subpart D of this part.
( c ) As an excluded person, you may not be a participant or principal in the transaction unless— ( 1 ) The person who entered into the transaction with you allows you to continue your involvement in a transaction that predates your exclusion, as permitted under § 1471.310 or § 1471.415; or
( 2 ) A(n) FMCS official obtains an exception from the Agency Director to allow you to be involved in the transaction, as permitted under § 1471.120.
§ 1905.1 Purpose and scope. ( a ) This part contains rules of practice for administrative proceedings ( 1 ) To grant variances and other relief under sections 6(b)(6)(A) and 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970, and
( 2 ) To provide limitations, variations, tolerances, and exemptions under section 16 of the Act.
( b ) These rules shall be construed to secure a prompt and just conclusion of proceedings subject thereto.
( c ) The rules of practice in this part do not apply to the granting of variances under section 6(b)(6)(C). Whenever appropriate, the procedure for granting such a variance shall be published in the Federal Register.
§ 1207.4 Designation of PL Boards, filing of agreements, and disposition of records. ( a ) *Designation of PL Boards.* All special adjustment boards created under Public Law 89-456 will be designated PL Boards, and will be numbered serially, commencing with No. 1, in the order of their docketing by the National Mediation Board.
( b ) *Filing of agreements.* The original agreement creating the PL Board under Public Law 89-456 shall be filed with the National Mediation Board at the time it is executed by the parties. A copy of such agreement shall be filed by the parties with the Administrative Officer of the National Railroad Adjustment Board, Chicago, Ill.
( c ) *Disposition of records.* Since the provisions of section 2(a) of Public Law 89-456 apply also to the awards of PL Boards created under this Act, two copies of all awards made by the PL Boards, together with the record of proceedings upon which such awards are based, shall be forwarded by the neutrals who are members of such Boards, or by the parties in case of disposition of disputes by PL Boards without participation of neutrals, to the Administrative Officer of the National Railroad Adjustment Board, Chicago, Ill., for filing, safekeeping, and handling under the provisions of section 2(q), as may be required.
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 the Interior

###### National Park Service

Notice is hereby given in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770 U.S.C. App 1, section 10), that a meeting of the Cape Code National Seashore Advisory Commission will be held on Friday, June 2, 2000.

The Commission was reestablished pursuant to Public Law 87-126 as amended by Public Law 105-280. The purpose of the Commission is to consult with the Secretary of the Interior, or his designee, with respect to matters relating to the development of Cape Code National Seashore, and with respect to carrying out the provisions of sections 4 and 5 of the Act establishing the Seashore.

The Commission members will meet at 1 p.m. at Headquarters, Marconi Station, Wellfleet, Massachusetts for the regular business meeting to discuss the following:

1. Adoption of Agenda

2. Approval of Minutes of Previous Meeting—March 17, 2000

3. Report of Officers

4. Subcommittee Reports

Personal Watercraft Subcommittee

Nickerson Fellowship Committee

5. Superintendent's Report:

Highlands Center

News from Washington

Fort Hill burn results 

Penniman House renovations

Horseshoe Crabs

USGS Water Study

6. Old Business

Advisory Committee Handbook

7. New Business

8. Agenda and date for next meeting

9. Public comment

10. Adjournment

                    The meeting is open to the public. It is expected that 15 persons will be able to attend the meeting in addition to Commission members. Interested persons may make oral/written presentations to the Commission during the business meeting or file written statements. Such requests should be made to the park superintendent at least                           ( print page 31928)                        seven days prior to the meeting. Further information concerning the meeting may be obtained from the Superintendent, Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667.                

Dated: May 8, 1999.

Maria Burks,

Deputy Superintendent.

[FR Doc. 00-12317  Filed 5-18-00; 8:45 am]

BILLING CODE 4310-70-M
#### § 1602.1 Purpose and scope.

Section 709 of title VII (42 U.S.C. 2000e-8), section 107 of the Americans with Disabilities Act (ADA) (42 U.S.C. 12117), section 207(a) of the Genetic Information Nondiscrimination Act (GINA) (42 U.S.C. 2000ff-6), and section 104 of the Pregnant Workers Fairness Act (PWFA) (42 U.S.C 2000gg-2) require the Commission to establish regulations pursuant to which employers, labor organizations, joint labor-management committees, and employment agencies subject to those Acts shall make and preserve certain records and shall furnish specified information to aid in the administration and enforcement of the Acts.

[89 FR 11170, Feb. 14, 2024]
§ 1450.2 Exceptions. ( a ) Claims arising from the audit of transportation accounts pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, terminated or settled in accordance with regulations published under the authority of 31 U.S.C. 3726 (see 41 CFR part 101-41).
( b ) Claims arising out of acquisition contracts subject to the Federal Acquisition Regulations (FAR) shall be determined, collected, compromised, terminated, or settled in accordance with those regulations. (See 48 CFR part 32). If not otherwise provided for in the FAR system, contract claims that have been the subject of a contracting officer's final decision in accordance with section 6(a) of the Contract Disputes Act of 1978 (41 U.S.C. 605)(a)), may be determined, collected, compromised, terminated or settled under the provisions of this regulation, except that no additional review of the debt shall be granted beyond that provided by the contracting officer in accordance with the provisions of section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605), and the amount of any interest, administrative charge, or penalty charge shall be subject to the limitations, if any, contained in the contract out of which the claim arose.
( c ) Claims based in whole or in part on conduct in violation of the antitrust laws, or in regard to which there is an indication of fraud, presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim, shall be referred to the Department of Justice (DOJ) as only the DOJ has authority to compromise, suspend, or terminate collection action on such claims.
( d ) Tax claims are also excluded from the coverage of this regulation.
vivakor_10q-ex1007.htm


    EXHIBIT
10.7

    


    PROMISSORY
NOTE MODIFICATION

    AND

    EXTENSION
AGREEMENT

    


    THIS
AGREEMENT is by and between Newport Capital Management, LLC (hereinafter
referred to as “Investor”), and Vivakor, Inc., a Nevada Corporation (hereinafter
referred to as the “Holder”), and shall have an effective date of October
19, 2009.

    


    WITNESSETH:

    WHEREAS,
Investor previously executed a promissory note in an original principal amount
of Six Hundred Fifty Nine Thousand Two Hundred Ninety Five Dollars ($659,295.00)
dated August 19, 2009 (the “Promissory Note”); and

    


    WHEREAS,
Investor has encountered financial difficulties which make it impossible for
Investor to comply with the terms and conditions of the Promissory Note;
and

    


    WHEREAS,
the Promissory Note is currently due and payable in full; and

    


    WHEREAS,
Investor and Holder wish to modify the Promissory Note in accordance with the
terms and conditions
contained herein.

    


    NOW,
THEREFORE, in consideration of the foregoing premises and the terms and
conditions, provisions and
covenants contained herein, Investor and Holder do hereby agree as
follows:

    


    1. The
Promissory Note shall be modified and extended as specified herein
below.

    


    2. The
Promissory Note is hereby amended, modified and extended related to the payment
of indebtedness evidenced thereby so that the total outstanding balance still
due and owing to Holder under the Promissory Note shall be due on the 31st day
of January, 2010, which is the modified and extended maturity date for the
Promissory Note.

    


    3.
Investor agrees to make the payment specified in Section 2 hereinabove, and
understands and agrees that:

    


    a.
Investor does not have any defenses, set-offs or counterclaims to the amount due
and owing to Holder under the Promissory Note as modified herein;

    


    b. All
the rights, remedies, stipulations and conditions contained in the Promissory
Note, shall also apply to any default in or failure to pay the modified payments
required hereunder;

    


    4. Save
and except for the modifications contained herein, the terms, conditions and
provisions of the Promissory Note, shall continue in full force and
effect.

    


    IN
WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date set forth opposite their signatures show below.

    


    
      
        	
                INVESTOR

              	
                HOLDER

              
	
                Newport
      Capital Management, LLC

              	
                VIVAKOR,
      INC.

              
	 
      	 
      
	
                By:
      /s/ Paul M.
      Rusnock

              	
                By:
      /s/Matt
      Nicosia

              
	 
      	 
      
	
                Title:
      Managing
      Member

              	
                Title:
      Executive
      Chairman
[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Notices]
[Page 31017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12052]


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

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts


Proposed Collection; Comment Request

ACTION: Notice.

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

SUMMARY: The National Endowment for the Arts (NEA), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the general public and 
federal agencies with an opportunity to comment on proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(A)]. This program 
helps to ensure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the NEA is soliciting comments concerning the proposed 
information collection of: Jazz Musician Questionnaire. A copy of the 
current information collection request can be obtained by contacting 
the office listed below in the address section of this notice.

DATES: Written comments must be submitted to the office listed in the 
address section below on or before July 18, 2000. The NEA is 
particularly interested in comments which:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information including the validity 
of the methodology and assumptions used;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

ADDRESSES: Tom Bradshaw, Research Division, National Endowment for the 
Arts, 1100 Pennsylvania Avenue, N.W., Room 617, Washington, DC 20506-
0001, telephone (202) 682-5432 (this is not a toll-free number), fax 
(202) 682-5677.

Murray Welsh,
Director, Administrative Services, National Endowment for the Arts.
[FR Doc. 00-12052 Filed 5-12-00; 8:45 am]
BILLING CODE 7536-01-M
#### Hermann Jones, Resp’t *v.*Antonio Blanco, App’lt.

*(Supreme Court, General Term, Second Department,*

*Filed May 18, 1889.)*

Appeal—When verdict not disturbed.

When the evidence is conflicting, and the case only involves questions of fact, which were submitted to the jury under an unexceptionable charge, the verdict will not be disturbed.

*Phillips & Way,*for app’lt; *W. J. Oaynor,*for resp’t.

*281Pratt, J.

This action was begun originally against Charles B. Farley, sheriff of the county of Kings, to recover possession of nine barrels of whiskey, and one-quarter cask of gin, of the alleged value of $1,000. The sheriff, on the 13th day of April, 1887, had levied upon certain whiskey and gin in the possession of one Bernard Lyons, at his place of business, No. 92 Navy street, in the city of Brooklyn, under an attachment issued by one of the justices of the supreme court, in an action brought by John Roig, plaintiff, against the said Bernard Lyons and one William J. Hazard, defendants.

Antonio Blanco and Frank B. Morton, defendants in this action, executed a bond of indemnity to the said sheriff, and were substituted as defendants.

The questions litigated related to the title of the goods attached, and the quantity and value. The only exception in the case is to the refusal of the court to dismiss the complaint, and to direct a verdict for the defendants.

We are unable to say, from a careful reading of the case, that the verdict is so manifestly against the weight of evidence as to warrant setting it aside. The evidence is conflicting, but it is clearly a case for the determination of a jury.

The case only involves questions of fact, and it seems to have been submitted to the jury under an unexceptionable charge, and quite as favorable to the defendants as the evidence warranted, and their verdict must stand. There is nothing in the case that requires discussion.

Judgment affirmed with costs.

All concur.
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATIONADMINISTRATION 

# RECEIVED OFFICE OF HEARINGS 

### DEC 2 3 2013

WASHINGTON, D.C.

### ------------~~--~~~~~

# ____ H_E_A_R_INGDOCKET In the Matter ofEndless Mountains Air 2012EA050008 F"DrY!S 

# No. Judge NotAssigned 

### FAA- 2ol3- o'iit./9-
NOTICE OF APPEARANCE Complainant, Federal Aviation Administration, hereby notifies the United States Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it shall be represented in the above-stated action by the attorney listed below. All communications, notices, pleadings, or documents are respectfully requested to be forwarded as follows:: Zachary M. Berman Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434 Telephone: 718 553-3258 Facsimile: 718 995-5699 Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel

Hy

# ~~**Zacha~**rman Attorney Dated: December 17, 2013CERTIFICATE OF SERVICE I hereby certifY that on this day copies ofthe foregoing Notice ofAppearance were placed in the United States mail, postage prepaid, Certified Mail

- Return Receipt Requested addressed as follows:
William J. Dobitsch, Jr. Endless Mountains Air Seamans Airport 727 Windsock Lane Factoryville, PA 18419

Federal AviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Room 2014**~IF** FILING BYFEDERAL EXPRESS Federal Aviation Administration (Original and one copy) 600 Independence Avenue, SW Wilbur Wright Building- Room 2014 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430
Date:
______ _

# ~~ Paralegal Specialist Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434
2
#### CREDIT ALLIANCE CORPORATION v FINDLAY DAIRY CO

Ohio Appeals, 3rd Dist, Hancock Co

No 263.

Decided Apr 20, 1929

Nally, Dally & Nally and Aubrey R Moul, Findlay, for Credit Corp.

Marshall, Melhorn, Marlar & Martin, Toledo, for Dairy Co.

HUGHES, J.

As a general rule, a receivership is a purely ancillary remedy and cannot be maintained in a proceeding instituted solely for that purpose. But there are some well recognized exceptions to this general rule, where the appointment of a receiver may be and is, the main object and purpose of the suit or proceedings. 23 R. C. L. page 11, Section 5. 23 R. C. L., page 27, Section 22, also page 21.

In the case *at*bar, the plaintiff has shown without dispute that it has a judgment against the Old Company upon which an execution has been issued and returned for want of any property upon which to make a levy; that all of the assets of the company left, that is, the consideration which was in the form of stock in the New Company, has been disposed of by the Old Company by a transfer to the' stockholders of the Old Company; and that the Old Company has a valid claim against this indemnity company, as above indicated.

We can conceive of po better, if there is any other satisfactory means by which this judgment creditor could enforce his claim, than to have a receiver appointed who would, under the supervision of the court, recover back the stock so transferred to the stockholders and reduce the cause of action against the indemnity company to money, and make distribution according to law.

Therefore the judgment will be for the plaintiff against the defendant Old Company, and a receiver will be appointed, the individual to be agreed upon by the parties forthwith; upon failure in such agreement' he will be named by the court.

Before Judges Hughes, Justice and Crow.
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 Defense

# AGENCY:

National Defense University, DoD.

# ACTION:

Notice of meeting. 

# SUMMARY:

The President, National Defense University has scheduled a meeting of the Board of Visitors.

# DATES:

The meeting will be held between 1230-1530 on June 23, 2000.

# ADDRESSES:

The meeting will be held in Room 155B, Marshall Hall, Building 62, Fort Lesley J. McNair, Washington, DC.

# FOR FURTHER INFORMATION CONTACT:

Director, University Operations, National Defense University Fort Lesley J. NcNair, Washington, D.C. 20319-6000. To reserve space, interested persons should phone (202) 685-3937.

# SUPPLEMENTARY INFORMATION:

The agenda will include present and future educational and research plans for the National Defense University and its components. The meeting is open to the public, but the limited space available for observers will be allocated on a first come, first served basis.

Dated: May 10, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 00-12188  Filed 5-15-00; 8:45 am]

BILLING CODE 5001-10-M
#### Kimball *vs.*Knights.

Where an *order to stay*is obtained by a defendant *after*receiving notice of trial, the plaintiff, if he can procure a *vacatur*of the order, is regular in taking an inquest without serving notice that the order has been revoked; it is the duty of a defendant, under such circumstances, to watch the cause.

Order to stay proceedings. After notice of trial served, the defendant obtained an order to stay proceedings to enable him to move for a commission to examine witnesses. The plaintiff on the first day of the circuit obtained a *vacatur*of the order, and without giving notice of the same, on the next day took an inquest, which the defendant now moved to set aside as *irregularly*taken.

*By the Court,*

Bronson, J.

[658] A plaintiff is not bound to give notice of the *vacatur*of an order under such circumstances, if notice is at all necessary. Where a defendant obtains an order at so late a day, it behooves him to look to his cause, and if he learns that the order has been revoked, to ask the circuit judge to put off the trial for want of witnesses, who may then exercise his discretion in the matter. The plaintiff was regular, and the motion would be denied, but that the defendant now satisfies me that he is entitled to a commission. This case is different from that of *Smith*v. *Bowen,*(2 *Wendell,*245;) there the conduct of the *plaintiff*was oppressive; here the defendant was in fault for not sooner obtaining his order. The inquest is set aside on payment of costs.