alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1986.101 Definitions. As used in this part: ( a ) *Act* means the Seaman's Protection Act (SPA), 46 U.S.C. 2114, as amended.
( b ) *Assistant Secretary* means the Assistant Secretary of Labor for Occupational Safety and Health or the person or persons to whom he or she delegates authority under the Act.
( c ) *Business days* means days other than Saturdays, Sundays, and Federal holidays.
( d ) *Citizen of the United States* means an individual who is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)); a corporation incorporated under the laws of the United States or a State; a corporation, partnership, association, or other business entity if the controlling interest is owned by citizens of the United States or whose principal place of business or base of operations is in a State; or a governmental entity of the Federal Government of the United States, of a State, or of a political subdivision of a State. The controlling interest in a corporation is owned by citizens of the United States if a majority of the stockholders are citizens of the United States.
( e ) *Complainant* means the seaman who filed a SPA whistleblower complaint or on whose behalf a complaint was filed.
( f ) *Cooperated* means any assistance or participation with an investigation, at any stage of the investigation, and regardless of the outcome of the investigation.
( g ) *Maritime safety law or regulation* includes any statute or regulation regarding health or safety that applies to any person or equipment on a vessel.
( h ) Notify or notified includes any oral or written communications.
( i ) *OSHA* means the Occupational Safety and Health Administration of the United States Department of Labor.
( j ) *Person* means one or more individuals or other entities, including but not limited to corporations, companies, associations, firms, partnerships, societies, and joint stock companies.
( k ) Report or reported means any oral or written communications.
( l ) *Respondent* means the person alleged to have violated 46 U.S.C. 2114.
( m ) *Seaman* means any individual engaged or employed in any capacity on board a U.S.-flag vessel or any other vessel owned by a citizen of the United States, except members of the Armed Forces. The term includes an individual formerly performing the work described above or an applicant for such work.
( n ) *Secretary* means the Secretary of Labor or persons to whom authority under the Act has been delegated.
( o ) *State* means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
( p ) *Vessel* means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
( q ) *Vessel owner* includes all of the agents of the owner, including the vessel's master.
( r ) Any future amendments to SPA that affect the definition of a term or terms listed in this section will apply in lieu of the definition stated herein.
Argued September 19,

affirmed October 2,

rehearing denied October 23, 1928.

#### EFFIE HEINRICHS *v.*CARSTENS PACKING COMPANY.

(270 Pac. 486.)

*105For appellant there was a brief and oral argument by *Mr. M. B. Meaeham.*

For respondent there was a brief over the names of *Mr. L. E. Grouch*and *Messrs. Davis é Harris,*with an oral argument by *Mr. Paul B. Harris.*

COSHOW, J.

 Defendant bases its contention upon the claim that there is no evidence to support the claim that plaintiff was driving on her right half of said road which is the eastern half thereof. The record contains this testimony:

> “Q. And the first thing you noticed was this truck ran into you? A. I saw this other truck without any lights right on top of me and that is the last I remember.

> “Q. You were on the right hand side the whole time? A. Yes, I was staying over to the edge of the pavement so that I could follow the fence. My dim lights would show on the fence in the heavy fog. * *

> *106“Q. The' truck then was over—struck you when you were just about 20 or 25 feet behind the other truck and close to the fence. A. Yes.”

This testimony is taken from appellant’s brief. It alone clearly shows there was material evidence supporting plaintiff’s complaint to the effect that she was driving on her right half of the road. There were two witnesses who also testified that a short time after the collision occurred they visited the scene thereof and found glass on the eastern side of the road which was plaintiff’s right side. Plaintiff’s car also was marked so as to show that it was struck on its left side. The jury would have been (justified in concluding from that physical fact that plaintiff was on her right half of the road.

The special verdict is not inconsistent with the general verdict. The special verdict agrees with the general verdict in this, that plaintiff was exercising ordinary care at the time of the collision. Defendant bases its main contention on the jury’s answer to question No. 3: “Did plaintiff attempt to pass the wood truck of the Schofield Fuel Co. at the time and the place of the accident? Answer. Yes, she did.” It will be noticed that this question does not state what plaintiff did in attempting to pass the truck ahead of her and traveling in the same direction. The fact that according to the jury her attempt to pass did not contribute in any way to the accident is consistent with the general verdict and clearly indicates that plaintiff was not in the act of passing the truck ahead of her when the collision occurred, or at least she had not proceeded in the attempt far enough to be on the left half of the road as claimed by defendant.

*107We believe that the jury’s verdicts are consistent and that there was evidence to support both verdicts. The judgment must be and is affirmed.

Affirmed. Rehearing Denied.

Rossman, J., did not participate in this opinion.

Bean, J., absent.
#### The People of the State of New York, Respondent, v Dearco Hill, Appellant.

[697 NYS2d 884]

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court did not adequately instruct the jury concerning the proof of intent required to support a conviction of robbery in the first degree based on accessorial liability *(see, People v Slacks,*90 NY2d 850, 851). Likewise without merit is defendant’s contention that the court did not adequately sanction the People for their *Rosario*violation. The record establishes that the police officer who interviewed defendant made notes of that interview and used them in conjunction with preparing his report. The People concede that the officer’s destruction of those notes constituted a *Rosario*violation *(see, People v Ranghelle,*69 NY2d 56, 59). Where *Rosario*material is destroyed “and defendant is prejudiced [thereby] * * * the court must impose an appropriate sanction” *(People v Martinez,*71 NY2d 937, 940). Based on that violation, the court permitted defense counsel to cross-examine the police officer concerning the destruction of his notes and to comment on the destruction on summation. In addition, the court instructed the jury that “[t]he law does permit, but does not require, that you may infer” from the officer’s destruction of the notes that there were other materials in them. Under the circumstances of this case, we conclude that the court’s sanction did not constitute an abuse of discretion *(see, People v Frazier,*233 AD2d 896, 897-898; *see generally, People v Collins,*203 AD2d 888, 888-889, *lv denied*84 NY2d 934, 85 NY2d 861; *People v Torres,*179 AD2d 696, 697, *lv denied*79 NY2d 1008).

Defendant further contends that the court erred in failing to grant his CPL 330.30 motion on the ground that the People did not provide defense counsel with a report indicating that the victim’s wife was unable to identify from a photo array one of the other alleged participants in the robbery and murder. He asserts that the People’s failure to provide him with that *Rosario*material before the conclusion of the trial mandates *930reversal. We disagree. Because the report did not relate to the subject matter of the witness’s trial testimony, the People’s failure to provide the report to defense counsel did not constitute a *Rosario*violation *(see, People v Melendez,*149 AD2d 918, 919). Because the court was able to decide the motion based on the papers before it, the court did not err in failing to conduct a hearing *(see, People v Johnson,*208 AD2d 562, 563, *lv denied*84 NY2d 937). We have reviewed defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Monroe County Court, Egan, J. — Murder, 2nd Degree.) Present — Lawton, J. P., Wisner, Pigott, Jr., Hurlbutt and Scudder, JJ.
§ 1954.21 Processing and investigating a complaint. ( a ) Upon receipt of a complaint about State program administration, the Assistant Regional Director will acknowledge its receipt and may forward a copy of the complaint to the designee under the State plan and to such other person as may be necessary to complete the investigation. The complainant's name and the names of other complainants mentioned therein will be deleted from the complaint and the names shall not appear in any record published, released or made available.
( b ) In conducting the investigation, the Assistant Regional Director may obtain such supporting information as is appropriate to the complaint. Sources for this additional information may include “spot-check” follow-up inspections of workplaces, review of the relevant State files, and discussion with members of the public, employers, employees and the State.
( c ) On the basis of the information obtained through the investigation, the Assistant Regional Director shall advise the complainant of the investigation findings and in general terms, any corrective action that may result. A copy of such notification shall be sent to the State and it shall be considered part of the evaluation of the State plan.
( d ) If the Assistant Regional Director determines that there are no reasonable grounds for an investigation to be made with respect to a complaint under this Subpart, he shall notify the complaining party in writing of such determination. Upon request of the complainant, or the State, the Assistant Regional Director, at his discretion, may hold an informal conference. After considering all written and oral views presented the Assistant Regional Director shall affirm, modify, or reverse his original determination and furnish the complainant with written notification of his decision and the reasons therefore. Where appropriate the State may also receive such notification.
#### Robert O’Keefe, Appellant, v Valente Industries Corp. et al., Respondents.

[697 NYS2d 669]

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (LaTorella, J.), dated September 24, 1998, as granted those branches of the defendants’ separate motions which were for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

*193The Supreme Court properly granted those branches of the defendants’ separate motions which were for summary judgment dismissing the complaint insofar as asserted against them, as neither defendant owned, occupied, controlled, or made special use of the property on which the plaintiff was allegedly injured *(see, Allen v Pearson Publ. Empire,*256 AD2d 528; *Bruhns v Antonelli,*255 AD2d 478; *Millman v Citibank,*216 AD2d 278; *see also, Kaufman v Silver,*90 NY2d 204). O’Brien, J. P., Sullivan, Goldstein and Feuerstein, JJ., concur.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Environmental Health Services Special Emphasis Panel, Contract NIH 00-26.                    

*Date:*                         June 19, 2000.                    

*Time:*                         9 am to 12 pm.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         NIEHS—East Campus, Building 4401, Conference Room 122, 79 Alexander Drive, Research Triangle Park, NC 27709 (Telephone Conference Call).                    

*Contact Person:*                         Linda K. Bass, PhD, Scientific Review Administrator, NIEHS, PO Box 12233 EC-30, Research Triangle Park, NC 27709, (919) 541-1307.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing; 93.115 Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences, National Institutes of Health, HHS)

Dated: May 4, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-12545  Filed 5-17-00; 8:45 am]

BILLING CODE 4140-01-M
Exhibit 10.26c




 





THIRD AMENDMENT TO LEASE AGREEMENT FOR
A GAMMA KNIFE UNIT


 


This THIRD AMENDMENT TO LEASE AGREEMENT
FOR A GAMMA KNIFE UNIT (this “Third Amendment”) is dated effective as of the 15th day of December 2014,
and is entered into between GK FINANCING, LLC, a California limited liability company (“GKF”), and FROEDTERT MEMORIAL
LUTHERAN HOSPITAL, INC., a non-profit Wisconsin corporation (“Medical Center”), with reference to the following facts:


 


RECITALS


 


WHEREAS, GKF and Medical Center are parties
to a certain Lease Agreement for a Gamma Knife United dated May 28, 1999, which Lease Agreement was amended by letter addendums,
by a First Amendment dated December 29, 2008, and by a Second Amendment dated May 16, 2013 (as amended, the “Agreement”);
and


 


WHEREAS, the parties desire to further amend
the terms and provisions of the Agreement as set forth herein.


 


NOW THEREFORE, for valuable consideration,
the receipt and sufficiency of which are acknowledged, the parties hereby amend the Agreement as follows:


 


AGREEMENT


 


1.Defined Terms. Unless otherwise
defined herein, the capitalized terms used herein shall have the same meanings set forth in the Agreement.


 


2.Extension of Term. It is acknowledged
that the Agreement is currently set to expire on December 15, 2014, which expiration date the parties hereby agree to extend to
March 31, 2015.





 


3.Full Force and Effect. Except
as amended by this Third Amendment, all of the terms and provisions of the Agreement shall remain in full force and effect. Notwithstanding
the foregoing, to the extent of any conflict or inconsistency between the terms and provisions of this Third Amendment and that
of the Agreement, the terms and provisions of this Third Amendment shall prevail and control.





 


[Signatures continued on next page]


 




    	 



    	 



    

  


IN WITNESS WHEREOF, the parties have executed
this Amendment effective as of the date first written above. 


 





	GKF:	 	Medical
    Center:
	 	 	 	 	 
	GK
    FINANCING, LLC	 	FROEDTERT
    MEMORIAL LUTHERAN
	 	 	 	HOSPITAL,
    INC.
	 	 	 	 	 
	By:	/s/
    Ernest A. Bates, M.D.	 	By:	/s/
    Jeffrey Van De Kreeke
	Name:  	Ernest
    A. Bates, MD	 	Name:  	Jeffrey
    Van De Kreeke
	Title:	Policy
    Committee Member	 	Title:	Vice
    President, Finance
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 856 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 856

  To terminate authorization for the project for navigation, Rockport 
                             Harbor, Maine.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2007

   Ms. Snowe introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To terminate authorization for the project for navigation, Rockport 
                             Harbor, Maine.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TERMINATION OF AUTHORIZATION.

    (a) In General.--The portion of the project for navigation, 
Rockport Harbor, Maine, authorized by the first section of the Act of 
August 11, 1888 (25 Stat. 400), located within the 12-foot anchorage 
described in subsection (b) is not authorized.
    (b) Description of Anchorage.--The anchorage referred to in 
subsection (a) is more particularly described as--
            (1) beginning at the westernmost point of the anchorage at 
        N128800.00, E349311.00;
            (2) thence running north 12 degrees, 52 minutes, 37.2 
        seconds, east 127.08 feet to a point at N128923.88, E349339.32;
            (3) thence running north 17 degrees, 40 minutes, 13.0 
        seconds, east 338.61 feet to a point at N129246.51, E349442.10;
            (4) thence running south 89 degrees, 21 minutes, 21.0 
        seconds, east 45.36 feet to a point at N129246.00, E349487.46;
            (5) thence running south 44 degrees, 13 minutes, 32.6 
        seconds, east 18.85 feet to a point at N129232.49, E349500.61;
            (6) thence running south 17 degrees, 40 minutes 13.0 
        seconds, west 340.50 feet to a point at N128908.06, E349397.25;
            (7) thence running south 12 degrees, 52 minutes, 37.2 
        seconds, west 235.41 feet to a point at N128678.57, E349344.79; 
        and
            (8) thence running north 15 degrees, 32 minutes, 59.3 
        seconds, west 126.04 feet to the point of origin.
                                 <all>
```
§ 1905.20 Notice of hearing. ( a ) *Service.* Upon request for a hearing as provided in this part, or upon his own initiative, the Assistant Secretary shall serve, or cause to be served, a reasonable notice of hearing.
( b ) *Contents.* A notice of hearing served under paragraph (a) of this section shall include: ( 1 ) The time, place, and nature of the hearing;
( 2 ) The legal authority under which the hearing is to be held;
( 3 ) A specification of issues of fact and law; and
( 4 ) A designation of a hearing examiner appointed under 5 U.S.C. 3105 to preside over the hearing.
( c ) *Referral to hearing examiner.* A copy of a notice of hearing served pursuant to paragraph (a) of this section shall be referred to the hearing examiner designated therein, together with the original application and any written request for a hearing thereon filed pursuant to this part.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS LEGEND  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED  FROM THE
CONSOLIDATED  FINANCIAL STATEMENTS OF COYOTE NETWORK SYSTEMS, INC. AS OF AND FOR
THE YEAR ENDED MARCH 31, 1998 AND IS  QUALIFIED  IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                    1,000
       
<S>                                      <C>
<PERIOD-TYPE>                             12-MOS
<FISCAL-YEAR-END>                         MAR-31-1998
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<CASH>                                           3746
<SECURITIES>                                       16
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<CURRENT-LIABILITIES>                            8096
<BONDS>                                          5349
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                         9152
<OTHER-SE>                                      (1092)
<TOTAL-LIABILITY-AND-EQUITY>                    21975
<SALES>                                          5387
<TOTAL-REVENUES>                                 5387
<CGS>                                            3363
<TOTAL-COSTS>                                    3363
<OTHER-EXPENSES>                                23758
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                               2334
<INCOME-PRETAX>                                (34155)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                            (34155)
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<EXTRAORDINARY>                                     0
<CHANGES>                                           0
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<EPS-PRIMARY>                                   (4.83)
<EPS-DILUTED>                                   (4.83)
        

</TABLE>
#### § 1917.31 COVID-19.

The requirements applicable to marine terminal work under this section are identical to those set forth at 29 CFR 1910.501.

[86 FR 61554, Nov. 5, 2021]