alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 31999R0836 - EN

Avis juridique important

*|*

# 31999R0836

**Council Regulation (EC) No 836/1999 of 20 April 1999 suspending the application of Regulation (EC) No 3274/93 preventing the supply of certain goods and services to Libya **

*
Official Journal L 106 , 23/04/1999 P. 0001 - 0001 *

COUNCIL REGULATION (EC) No 836/1999

of 20 April 1999

suspending the application of Regulation (EC) No 3274/93 preventing the supply of certain goods and services to Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 228a thereof,

Having regard to Common Position 1999/261/CFSP of 16 April 1999 defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning Libya(1),

Having regard to the proposal from the Commission,

(1) Whereas the Council adopted on 29 November 1993 Regulation (EC) No 3274/93 preventing the supply of certain goods and services to Libya(2);

(2) Whereas the United Nations Security Council (UNSC) decided in its Resolution 1192 (1998) to suspend the measures set forth in its Resolutions 748 (1992) and 883 (1993) immediately after the UN Secretary-General has reported to the UNSC that the two persons charged with the bombing of Pan Am flight 103 have arrived in the Netherlands for the purpose of their trial before a Scottish court sitting in the Netherlands;

(3) Whereas the UN Secretary-General has so reported on 5 April 1999,

HAS ADOPTED THIS REGULATION:

Article 1

The application of Regulation (EC) No 3274/93 is hereby suspended.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 6 April 1999.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 April 1999.

For the Council

The President

J. FISCHER

(1) OJ L 103, 20.4.1999, p. 1.

(2) OJ L 295, 30.11.1993, p. 1.
#### § 1983.115 Special circumstances; waiver of rules.

In special circumstances not contemplated by the provisions of these rules, or for good cause shown, the ALJ or the ARB on review may, upon application, after three days notice to all parties, waive any rule or issue such orders that justice or the administration of CPSIA requires.
#### Mary L. Pagano, Respondents, v Rite-Aid Corp., Appellant.

[698 NYS2d 129]

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint. Plaintiffs seek to recover damages for injuries allegedly sustained by Mary Lou Pagano (plaintiff) when she stepped from the sidewalk onto a handicapped parking ramp in front of defendant’s store. Defendant failed to meet its initial burden of establishing as a matter of law that it did not create the allegedly dangerous condition or that the alleged defect was obvious and readily observable *(see, Herman v Town of Clarence,*256 AD2d 1229). Defendant also failed to meet its initial burden of establishing as a matter of law that the area where plaintiff fell did not constitute a dangerous or defective condition. “Whether a particular height difference * * * constitutes a dangerous or defective condition depends on the peculiar facts and circumstances of each case, including the width, depth, elevation, irregularity, and appearance of the defect as well as the time, place, and circumstances of the injury” *(Tesak v Marine Midland Bank,*254 AD2d 717, 717-718). Even a small difference in height is actionable if the alleged defect has the *855characteristics of a trap, snare or nuisance *(see, Tesak v Marine Midland Bank, supra,*at 718). In any event, we conclude that plaintiffs raised a triable issue of fact whether the alleged defect had the characteristics of a trap, snare or nuisance *(see, Tesak v Marine Midland Bank, supra,*at 718). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J.— Summary Judgment.) Present — Green, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ.
NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2008-7082

JAMES D. SIMS,

Claimant-Appellant,

v.

ERIC K. SHINSEKI

Secretary of Veterans Affairs,

Respondent-Appellee.

Appeal from the United States Court of Appeals for Veterans Claims in

06-0335, Judge Mary J. Schoenlen.

ON MOTION

Before DYK, Circuit Judge.

ORDER

James D. Sims moves for a 45-day extension of time, until March 16, 2009, to file

his reply brief.

Upon consideration thereof,

IT IS ORDERED THAT:

The motion is granted. No further extensions should be anticipated.

The caption is revised to reflect the new Secretary of Veterans Affairs.

FOR THE COURT

FEB 2 4 2009

/s/ Jan Horbaly

Jan Horbaly	

Him Clerk	U.S. COURT OF APPEALS FOR

THE FEDERAL CIRCUIT

FEB 2 4 2009

JAN HORBALY

CLERK

Date

cc:	Kenneth M. Carpenter, Esq.

Hillary A. Stern, Esq.

s17
#### The People of the State of New York ex rel. Owenjay Realty Company, Inc., Respondent, against James J. Sexton et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants. (Three Proceedings.)

Argued April 19, 1937;

decided May 25, 1937.

*Paul Windels, Corporation Counsel (Oscar S. Cox*and *Frances W. Lehrich*of counsel), for appellants.

*Eugene Fay*for respondent.

Orders affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
###### Editorial Note on Part 20

#### Editorial Note:

Nomenclature changes to part 20 appear at 57 FR 31451, July 16, 1992.

#### § 20.101 Purpose and scope.

The regulations in this subpart establish procedures to implement 31 U.S.C. 3720A. This statute together with implementing regulations of the Internal Revenue Service (IRS) at 26 CFR 301.6402-6, authorizes the IRS to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. The regulations apply to past-due legally enforceable debts owed to the Department by individuals and business entities. The regulations are not intended to limit or restrict debtor access to any judicial remedies to which he/she may otherwise be entitled.
§ 243.7 Information collection requirements. ( a ) For covered flight segments, each covered airline shall: ( 1 ) Collect, or cause to be collected, the full name for each passenger who is a U.S. citizen. U.S.-citizen passengers for whom this information is not obtained shall not be boarded;
( 2 ) Solicit, or cause to be solicited, a name and telephone number of a contact from each passenger who is a U.S. citizen; and
( 3 ) Maintain a record of the information collected pursuant to this section.
( b ) The covered airline operating the flight segment shall be responsible for ensuring compliance with paragraph (a) of this section.
Exhibit 10.14

 



 

September 10, 2013

 

Michael Heffernan

41 Garrison Road

Hingham, MA 02043

 

Re:          Employment Agreement Amendment

 

Dear Mike:

 

Reference is made to that certain letter agreement dated June 13, 2012 between you and Collegium Pharmaceutical, Inc. (the “Company”) regarding the terms of your employment with the Company (the “Agreement”).  Effective on the date hereof, this letter agreement (the “Amendment”) amends certain terms and conditions set forth in the Agreement as follows:

 

Section 5 of the Agreement is amended by retitling Section 5(e) as “Section 5(f)” and adding a new Section 5(e) to read as follows:

 

“If within sixty (60) days prior to a Sale of the Company (as defined in the Company’s Transaction Bonus Plan dated September 5, 2013 (the “Bonus Plan”)) either (i) your employment with the Company is terminated without Cause (as defined below) or (ii) you resign for Good Reason (as defined below), then, your interest in the Bonus Plan shall not be forfeited and you shall be eligible to receive a Transaction Bonus under the Bonus Plan, subject to the terms and conditions thereof other than with respect to any employment requirement thereof.  In addition, during any period of time in which the Company has entered into a letter of intent or similar agreement with a third party and is contractually bound pursuant to such letter of intent or similar agreement with the third party by an exclusivity agreement to effect or negotiate a transaction that results in a Sale of the Company, the Company shall not amend or modify the Bonus Plan in any manner that would negatively affect your interest therein without your prior written consent”

 

The Agreement, as hereby amended, is ratified and confirmed in all respects.

 

This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

 

[Signature Page Follows]

 

1











 

If you are in agreement with the terms of this Amendment, please execute this Amendment at the signature line below and return an executed copy to my attention.

 

Very truly yours,

 

COLLEGIUM PHARMACEUTICAL, INC.

 

	
By:
    	
/s/   Michael Heffernan
    	
 
    
	
Name: Michael Heffernan
    	
 
    
	
Title: President and Chief Executive Officer
    	
 
    


 

Date: September 10, 2013

 

Intending to be legally bound,

accepted and agreed to by:

 

 

	
/s/   Michael Heffernan
    	
 
    
	
Michael   Heffernan
    	
 
    


 

Date: September 10, 2013

 

2
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Winston Walker, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O), rendered January 14, 2015, convicting him, upon a plea of guilty, of violating Arts and Cultural Affairs Law ยง 25.11, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (John Cataldo, J.H.O), rendered January 14, 2015, reversed, on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.</p><p>As the People concede, defendant's conviction must be vacated since the plea record lacks the requisite "affirmative showing" that defendant understood and waived his <i>Boykin</i> rights (<i>see Boykin v Alabama</i>, 395 US 238, 242 [1969]; <i>People v Tyrell</i>, 22 NY3d 359, 365 [2013]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (<i>cf. People v Conceicao</i>, 26 NY3d 375, 385 n 1 [2015]). </p><p>In view of the foregoing, we reach no other issue.</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur I concur<br>Decision Date: January 08, 2018<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Page 31173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12182]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


National Committee on Vital and Health Statistics: Meeting

    Pursuant to the Federal Advisory Committee Act, the Department of 
Health and Human Services announces the following advisory committee 
meeting.

    Name: National Committee on Vital and Health Statistics (NCVHS), 
Joint Meeting, Subcommittee on Standards and Security, and Workgroup 
on Computer-based Patient Records.
    Time and Date: 9 a.m. to 5 p.m., June 1, 2000; 9 a.m. to 1 p.m., 
June 2, 2000.
    Place: Room 505A, Hubert H. Humphrey Building, 200 Independence 
Avenue, SW, Washington, D.C. 20201.
    Status: Open.
    Purpose: The Subcommittee and Working Group will discuss its 
report to the HHS Secretary on standards for patient medical records 
information as required by the Health Insurance Portability and 
Accountability Act of 1996 (HIPAA). The Subcommittee will finalize 
the report and approve it for transmission to the full NCVHS. The 
Subcommittee will also discuss plans for upcoming hearings.
    Notice: In the interest of security, the Department has 
instituted stringent procedures for entrance to the Hubert H. 
Humphrey building by non-government employees. Thus, persons without 
a government identification card will need to have the guard call 
for an escort to the meeting.
    Contact Person for More Information: Substantive program 
information as well as summaries of meetings and a roster of 
committee members may be obtained from J. Michael Fitzmaurice, 
Ph.D., Senior Science Advisor for Information Technology, Agency for 
Health Care Research and Quality, 2101 East Jefferson Street #600, 
Rockville, MD 20852, phone: (301) 594-3938; or Marjorie S. 
Greenberg, Executive Secretary, NCVHS, National Center for Health 
Statistics, Centers for Disease Control and Prevention, Room 1100, 
Presidential Building, 6525 Belcrest Road, Hyattsville, Maryland 
20782, telephone (301) 458-4245. Information also is available on 
the HCVHS home page of the HHS website: http://www.ncvhs.hhs.gov/ 
where an agenda for the meeting will be posted when available.

    Dated: May 9, 2000.
James Scanlon,
Director, Division of Data Policy, Office of the Assistant Secretary 
for Planning and Evaluation.
[FR Doc. 00-12182 Filed 5-5-00; 8:45 am]
BILLING CODE 4151-05-M
Appellee’s Motion to Dismiss Appeal Denied; Appeal Dismissed and 

Memorandum Opinion filed March 16, 2021.

In The

Fourteenth Court of Appeals

NO. 14-20-00559-CV

TIFFANY CARROLL-CURTIS, Appellant

V.

ESPERANZA BEATRIZ VASQUEZ, Appellee

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2016-88886

MEMORANDUM OPINION

This attempted appeal is from an order of constructive, criminal contempt 

signed July 24, 2020. The validity of a contempt order cannot be attacked by direct 

appeal. See Ex parte Williams, 690 S.W.2d 243, 243 n. 1 (Tex.1985). 

On February 19, 2021, notification was transmitted to the parties of this 

court’s intention to dismiss the appeal for want of jurisdiction unless appellant 
2

filed a response demonstrating grounds for continuing the appeal on or before 

March 1, 2021. See Tex. R. App. P. 42.3(a). Appellant filed no response.

We dismiss the appeal.

1

PER CURIAM

Panel consists of Justices Bourliot, Zimmerer, and Spain.

1 Appellee’s motion to dismiss the appeal is denied.
#### MCDERMOTT v THE CITY OF CLEARWATER

Case No. 84-1815-14

Sixth Judicial Circuit, Pinellas County

January 26, 1987

APPEARANCES OF COUNSEL

William P. O’Malley for plaintiffs.

Alan S. Zimmet, Assistant City Attorney, for defendant.

OPINION OF THE COURT

OWEN S. ALLBRITTON, Circuit Judge.

*ORDER ON MOTION TO TAX COSTS*

The Plaintiffs’ Motion for Taxation of Costs coming on for initial hearing before the Court as noticed and as continued and the Court reviewing the file, the arguments of counsel, the testimony of the witnesses and the Memorandum of Law and being otherwise fully advised finds:

> *60(A) That the Defendant’s offer of judgment, submitted to the Plaintiffs on March 25, 1986 and accepted by Plaintiffs on April 4, 1986 for $1001.00 with costs accrued to the date of the offer, was silent as to whether attorney’s fees for the Plaintiffs’ attorneys services were to be included in and a part of the *costs*accruing to the date of the offer.

> (B) Neither the offer, the notice of acceptance nor the proposed judgment indicated that a reasonable attorney’s fee also was to be awarded to the Plaintiffs and the judgment entered on April 8, 1986, made no reference to the Court fixing and assessing attorney’s fees as an element of the *costs*agreed to be paid by the Defendant.

> (C) That, apparently, the first time any claim for attorney’s fees, as a part of the costs incurred, was made in the Plaintiffs’ Motion for Taxation of Costs filed on April 28, 1986.

> (D) The Plaintiffs’ filing fee of $64.50 and $12.00 for service of process are the sole properly taxable costs obligated to be paid by the Defendant as specified in its offer of judgment accepted by the Plaintiffs.

Therefore it is

ORDERED AND ADJUDGED that the Plaintiffs recover costs from the Defendant in the total sum of $76.50; the Plaintiffs’ claim for attorney’s fees in addition to the above sum is DENIED.

DONE AND ORDERED in Chambers, Clearwater, Pinellas County, Florida this 26th day of January, 1987.

Editor’s Note: The trial court decision has been appealed to the Second District Court of Appeal. As of date of publication, the appellant has taken no action since filing the Notice and the Second DCA has not yet ruled.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE UNAUDITED
FINANCIAL STATEMENTS DATED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          23,324
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                              0
<ALLOWANCE>                                          0
<TOTAL-ASSETS>                                 188,792
<DEPOSITS>                                           0
<SHORT-TERM>                                   251,188
<LIABILITIES-OTHER>                             65,938
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (128,334)
<TOTAL-LIABILITIES-AND-EQUITY>                 188,792
<INTEREST-LOAN>                                      0
<INTEREST-INVEST>                                    0
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                     0
<INTEREST-DEPOSIT>                                   0
<INTEREST-EXPENSE>                              (3,003)
<INTEREST-INCOME-NET>                           (3,003)
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                (39,511)
<INCOME-PRETAX>                                (42,514)
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (42,514)
<EPS-BASIC>                                    (42,514)
<EPS-DILUTED>                                  (42,514)
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                    0
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
#### § 17.13 May the Secretary waive any provision of these regulations?

In an emergency, the Secretary may waive any provision of these regulations.
Form of Option issued under the February Purchase Agreement



 Exhibit 4.5 
  

					
	 


 ACN 009 232 026
	 		  	 REGISTERED OFFICE
 Level 12,
BGC Centre
 28 The Esplanade
 Perth WA
6000


  

			
	 [NAME]
	  	Certificate Number
	 [ADDRESS]
	  	
		  	Security Number
		  	C0000000825

 JURISDICTION OF INCORPORATION: WESTERN AUSTRALIA 
   
  
 OPTION CERTIFICATE 
  

OPTIONS EXPIRING AT 5:00 PM (AWST) ON 22 FEBRUARY 2011 
 EXERCISABLE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF ISSUE AT AN 
 EXERCISABLE
PRICE OF $0.23 PER OPTION 
  

					
	 Date
	  	Transaction Type	  	Quantity
			
	 21 February 2007
	  	Allotment	  	

 THIS IS TO CERTIFY THAT THE ABOVE NAMED IS THE REGISTERED HOLDER OF OPTIONS OVER FULLY PAID SHARES IN
PSIVIDA LIMITED ISSUED SUBJECT TO THE ATTACHED TERMS AND CONDITIONS AND THE CONSTITUTION OF THE COMPANY. 
 Signed in accordance with the
constitution of the Company 
  

					
	Director	 		  	Company Secretary

 Share Registry: Computershare Investor Services Pty Limited 
 GPO Box D182 
 PERTH WA 6840 
 Enquiries (within Australia) 1300 557 010 
 (outside
Australia) 61 8 9323 2000 
 Facsimile 61 8 9323 2033 
 THIS CERTIFICATE MUST BE SURRENDED TO THE COMPANY ON TRANSFER OF ANY OF THE ABOVE OPTIONS. 
  
  







 

 
 Application Form on Exercise of Unlisted Options Expiring 22 February 2011 
 To the Directors, pSivida Limited 
  

							
		 		 
	 I/We hereby exercise
	  	 	  	option(s) and hand you herewith my/our cheque for	  	 

  

					
		 	
	 being 0.23 cents per share on application for
	  	 	  	ordinary shares in the capital of the Company.

 I/We request that you allot me that number of shares and I/We agree to accept that number of shares
on the terms below and the Constitution of the Company, and I/We authorise you to place my/our name on the register. 
  

					
			 
	 My/Our Holder Number (as shown on my/our Certificate) is
	 		  	 

  
  
 Sign Here—This section must be signed for your instructions to be executed 
 I/We authorise you to act in accordance with my/our instructions set out above. 
  

									
	 Individual or Securityholder 1
  
	  		  	 Securityholder 2
  
	  		  	 Securityholder 3
  

	 		 		 
	 	  		  	 	  		  	 
	 Director
	  		  	Director/Company Secretary	  		  	 Sole Director and
 Sole Company Secretary


  

							
	Note: when signed under Power of Attorney, the attorney states that they have not received a notice of revocation. Computershare Investor Services Pty Limited needs to sight a
certified copy of the Power of Attorney.	  	Day/Date	  	Month	  	Year
		 	 	 
		  	 	  	 	  	 

  
  
  
 Terms and 
 Conditions of 
 Options Attached