alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 516.1 Form of records; scope of regulations. ( a ) *Form of records.* No particular order or form of records is prescribed by the regulations in this part. However, every employer subject to any provisions of the Fair Labor Standards Act of 1938, as amended (hereinafter referred to as the “Act”), is required to maintain records containing the information and data required by the specific sections of this part. The records may be maintained and preserved on microfilm or other basic source document of an automatic word or data processing memory provided that adequate projection or viewing equipment is available, that the reproductions are clear and identifiable by date or pay period and that extensions or transcriptions of the information required by this part are made available upon request.
( b ) *Scope of regulations.* The regulations in this part are divided into two subparts. ( 1 ) Subpart A of this part contains the requirements generally applicable to all employers employing covered employees, including the requirements relating to the posting of notices, the preservation and location of records, and the recordkeeping requirements for employers of employees to whom both the minimum wage provisions of section 6 or the minimum wage provisions of section 6 and the overtime pay provisions of section 7(a) of the Act apply. In addition, § 516.3 contains the requirements relating to executive, administrative, and professional employees (including academic administrative personnel or teachers in elementary or secondary schools), and outside sales employees.
( 2 ) Subpart B of this part deals with the information and data which must be kept for employees (other than executive, administrative, etc., employees) who are subject to any of the exemptions provided in the Act. This section also specifies the records needed for deductions from and additions to wages for “board, lodging, or other facilities,” industrial homeworkers and employees whose tips are credited toward wages. The sections in subpart B of this part require the recording of more, less, or different items of information or data than required under the generally applicable recordkeeping requirements of subpart A.
( c ) *Relationship to other recordkeeping and reporting requirements.* Nothing in 29 CFR part 516 shall excuse any party from complying with any recordkeeping or reporting requirement imposed by any other Federal, State or local law, ordinance, regulation or rule.
#### § 1986.115 Special circumstances; waiver of rules.

In special circumstances not contemplated by the provisions of the rules in this part, 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 as justice or the administration of SPA requires.
§ 2570.46 Hearings in opposition to exemptions from restrictions on fiduciary self-dealing and conflicts of interest. ( a ) Any person who may be materially affected by an exemption which the Department proposes to grant from the restrictions of ERISA section 406(b), Code section 4975(c)(1)(E) or (F), or FERSA section 8477(c)(2) may request a hearing before the Department within the time period specified in the Federal Register notice of the proposed exemption. Any such request must state: ( 1 ) The name, address, telephone number, and email address of the person making the request;
( 2 ) The nature of the person's interest in the exemption and how the person would be materially affected by the exemption; and
( 3 ) A statement of the issues to be addressed and a general description of the evidence to be presented at the hearing.
( b ) The Department will grant a request for a hearing made in accordance with paragraph (a) of this section if a hearing is necessary to fully explore material factual issues with respect to the proposed exemption identified by the person requesting the hearing. The Department will publish a notice of such hearing in the Federal Register. The Department may decline to hold a hearing if: ( 1 ) The request for the hearing is not timely, or otherwise fails to include the information required by paragraph (a) of this section;
( 2 ) The only issues identified for exploration at the hearing are matters of law; or
( 3 ) The factual issues identified can be fully explored through the submission of evidence in written (including electronic) form.
( c ) An applicant for an exemption must notify interested persons if the Department schedules a hearing on the exemption. Such notification must be provided in the form, time, and manner prescribed by the Department. Ordinarily, however, adequate notification can be given by providing to interested persons a copy of the notice of hearing published by the Department in the Federal Register within 10 days after its publication, using any of the methods approved in § 2570.43(b).
( d ) After furnishing the notice required by paragraph (c) of this section, an applicant must submit a statement confirming that notice was given in the form, manner, and time prescribed. This statement must be accompanied by a certification that the information provided in the statement is true and correct, which is signed by a person qualified under § 2570.34(b)(6) to sign a certification.
§ 4006.3 Premium rate. Subject to the provisions of § 4006.5 (dealing with exemptions and special rules) and § 4006.7 (dealing with premiums for certain terminated single-employer plans), the premium paid for basic benefits guaranteed under section 4022(a) or section 4022A(a) of ERISA shall equal the flat-rate premium under paragraph (a) of this section plus, in the case of a single-employer plan, the variable-rate premium under paragraph (b) of this section. Premium rates (and the MAP-21 cap rate referred to in paragraph (b)(2) of this section) are subject to change each year under inflation indexing provisions in section 4006 of ERISA. ( a ) *Flat-rate premium.* The flat-rate premium for a plan is equal to the applicable flat premium rate multiplied by the plan's participant count. The applicable flat premium rate is the amount prescribed for the calendar year in which the premium payment year begins by the applicable provisions of— ( 1 ) Section 4006(a)(3)(A) and (G) of ERISA for a single-employer plan, or
( 2 ) Section 4006(a)(3)(A) and (J) of ERISA for a multiemployer plan.
( b ) *Variable-rate premium* — ( 1 ) *In general.* Subject to the cap provisions in paragraphs (b)(2) and (b)(3) of this section, the variable-rate premium for a single-employer plan is equal to a specified dollar amount for each $1,000 (or fraction thereof) of the plan's unfunded vested benefits as determined under § 4006.4 for the UVB valuation year. The specified dollar amount is the applicable variable premium rate prescribed by the applicable provisions of ERISA section 4006(a)(8) for the calendar year in which the premium payment year begins.
( 2 ) *MAP-21 cap.* The variable-rate premium for a plan is not more than the applicable MAP-21 cap rate multiplied by the plan's participant count. The applicable MAP-21 cap rate is the amount prescribed by the applicable provisions of ERISA section 4006(a)(3)(E)(i)(II), (E)(i)(III), (K), and (L) for the calendar year in which the premium payment year begins.
( 3 ) *Small-employer cap.* ( i ) *In general.* If a plan is described in paragraph (b)(3)(ii) of this section for the premium payment year, the variable-rate premium is not more than $5 multiplied by the square of the participant count. For example, if the participant count is 20, the variable-rate premium is not more than $2,000 ($5 × 202 = $5 × 400 = $2,000).
( ii ) *Plans eligible for cap.* A plan is described in paragraph (b)(3)(ii) of this section for the premium payment year if the aggregate number of employees of all employers in the plan's controlled group on the first day of the premium payment year is 25 or fewer.
( iii ) *Meaning of “employee.”* For purposes of paragraph (b)(3)(ii) of this section, the aggregate number of employees is determined in the same manner as under section 410(b)(1) of the Code, taking into account the provisions of section 414(m) and (n) of the Code, but without regard to section 410(b)(3), (4), and (5) of the Code.
[61 FR 34016, July 1, 1996, as amended at 72 FR 71228, Dec. 17, 2007; 73 FR 15074, Mar. 21, 2008; 79 FR 13559, Mar. 11, 2014; 88 FR 76664, Nov. 7, 2023]
§ 452.60 Nominations for national, international or intermediate body office. ( a ) When officers of a national or international labor organization or of an intermediate body are to be elected by secret ballot among the members of the constituent local unions, it is not unreasonable for the organization to employ a nominating procedure whereby each local may nominate only one candidate for each office. When such a procedure is employed the organization may require that each candidate be nominated by a certain number of locals before his name will appear on the ballot. The reasonableness of the number of local union nominations or endorsements required depends upon the size and dispersion of the organization.
( b ) Nominations for national, international or intermediate body office by locals or other subordinate organizations differ from primary elections in that they are not subject to all the technical requirements of secret ballot elections.[35] However, where nominations are made by locals or other subordinate organizations fundamental safeguards must be observed including the right of members to vote for and support the candidates of their choice without improper interference.
Footnotes -
452.60
[35] In *Hodgson* v. *United Mine Workers of America,* the Court directed that the nomination proceedings within the local unions be conducted by secret ballot and in accordance with the provisions of title IV. [80 LRRM 3451, 68 L.C. ¶ 12,786 (D.D.C. June 15, 1972)]. This Order indicates that the use of secret ballot nominating procedures may be an appropriate remedial measure in a supervised election.
NEERWINEIRINKUSEIN 

to demonstrate that an impediment external to the defense prevented him 

from filing a timely petition. See Hathaway v. State, 119 Nev. 248, 252, 71 

P.3d 503, 506 (2003). Appellant's arguments relating to his movement to 

different facilities and law library access were not supported by specific 

facts warranting relief. See Hargrove v. State, 100 Nev. 498, 686 P.2d 222 

(1984). Appellant's claims of ineffective assistance of trial and appellate 

counsel were themselves procedurally barred and cannot provide good 

cause for the delay. See Hathaway, 119 Nev. at 252, 71 P.3d at 506. To 

the extent that appellant claimed that a fundamental miscarriage of 

justice—actual innocence—should overcome his procedural defects, 

appellant did not demonstrate actual innocence because he failed to show 

that "it is more likely than not that no reasonable juror would have 

convicted him in light of. . . new evidence." Calderon v. Thompson, 523 

U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see 

also Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001); 

Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). 

Accordingly, we 

ORDER the judgment of the district court AFFIRMED. 

J. 

J. 

1_,01 

Douglas 

Saitta 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2 
cc: Hon. Brent T. Adams, District Judge 

Phillip Bryon Ashdown 

Attorney General/Carson City 

Washoe County District Attorney 

Washoe District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

3
640 A.2d 1150

#### COUNTY COMMISSIONERS OF QUEEN ANNE’S COUNTY v. HARRISON YACHT SALES, INC.

No. 156,

Sept. Term, 1993.

Court of Appeals of Maryland.

May 12, 1994.

Christopher F. Drummond, Centreville, for petitioner.

S. Kennon Scott, Annapolis, for respondent.

*668Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

ORDER

PER CURIAM.

The petition for writ of certiorari in the above entitled case having been granted 333 Md. 566, 636 A.2d 473 and heard, it is this 12th day of May, 1994

ORDERED, by the Court of Appeals of Maryland, that the writ of certiorari be, and it is hereby, dismissed with costs, the petition having been improvidently granted.
EX-10.5



 Exhibit 10.5 
  

			
	 Enbridge Pipelines Inc.
 3000, 425-1st Street SW
 Calgary, AB T2P 3L8
		





 Enbridge Energy Limited Partnership 

1100 Louisiana Street, Suite 3300 
 Houston, TX 77002 

March 27, 2015 
 United Refining Company and 

Kiantone Pipeline Corporation 
 823 11th Ave. 
 New York, New York 10019 

Attention: J. Nelson Happy 
  

			
	Subject:		Amendment to the Letter Agreement between Enbridge Pipelines Inc., Enbridge Energy Limited Partnership, United Refining Company and Kiantone Pipeline Corporation dated July 31, 2014 (the “Letter
Agreement”)

 The parties agree that the last sentence of Section C.1 of the Letter Agreement shall be deleted in its entirety and replaced
by the following: “This paragraph C.1 (but not the other provisions of this Part c) shall be void and of no force or effect in the event the Carriers and United have not executed and delivered signature pages of the Put and Call agreement into
escrow on or before April 1, 2015, with such documents to be released from escrow no later than April 8, 2015 (the “Termination Date”). 

Please acknowledge your agreement to the terms and conditions contained herein by signing the enclosed duplicate copy in the space provided below and
returning the acknowledged copy to the undersigned. 
  

									
	ENBRIDGE ENERGY, LIMITED PARTNERSHIP BY ENBRIDGE PIPELINES (LAKEHEAD) L.L.C. ITS GENERAL PARTNER				ENBRIDGE PIPELINES INC.
					
	Per:		 /s/ Joel Kanvik
				Per:		 /s/ R.T. Schwertz

			 Joel Kanvik
 Corporate Secretary
						 R.T. Schwertz
 V.P., Liquid Pipelines Law
& Deputy General Counsel


  

									
	UNITED REFINING COMPANY				KIANTONE PIPELINE CORPORATION
					
	Per:		 /s/ John A. Catsimatidis
				Per:		 /s/ John A. Catsimatidis

			 John A. Catsimatidis
 Chairman &
CEO
						 John A. Catsimatidis
 Chairman &
CEO
#### § 452.6 Delegation of enforcement authority.

The authority of the Secretary under the Act has been delegated in part to the Director.

[38 FR 18324, July 9, 1973, as amended at 50 FR 31309, Aug. 1, 1985; 78 FR 8026, Feb. 5, 2013]
April19, 2013

To: File

From: Jeffrey Buss

Re: EPA-R09-OAR-2011-0552: Approval and Promulgation of State Implementation Plans; Arizona;

Motor Vehicle Inspection and Maintenance Programs — effective Date.

This memorandum explains the rational for changing the effective date for the final rule

approving revisions to the Arizona motor vehicle inspection and maintenance program: EPA-R09-OAR2011-0552. Initially the effective date for the final rule was 60 days to accommodate the State to prepare

to notify motorcycle owners ofthe rule change. Due to some delay in getting the final rule published,

Danielle Dancho ofthe Arizona Department of Environmental Quality informed Jefferson Wehling of US

EPA Region 9 on April 18th that the additional time was no longer necessary. Consequently, the effective

date has been changed to 30 days. This change does not affect the substance ofthe rule.

Printed on Recycled Paper
Exhibit 32
                            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 Bear Lake Recreation,  Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2005, as filed with
the  Securities  and  Exchange  Commission  on the date hereof  (the  "Quarterly
Report"),  We,  Wayne  Bassham,   President  and  director  and  Todd  Albiston,
Secretary/Treasurer of our 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 Quarterly  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 Quarterly Report fairly presents,  in all
     material respects,  the financial condition and result of operations of the
     Company.

Dated: 5/12/2005                         /s/Wayne Bassham
      ----------                         ---------------------------
                                         Wayne Bassham
                                         President and director


Dated: 5/12/2005                         /s/Todd Albiston
      ----------                         ---------------------------
                                         Todd Albiston
                                         Secretary/Treasurer and director
Exhibit 12.1
    2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004Pretax income from continuing
operations
    
    $
    9.8
    
    
    $
    399.0
    
    
    $
    262.0
    
    
    $
    240.2
    
    
    $
    134.5Add (deduct) earnings of less
than 50% owned affiliates
(net of distributed
earnings) included in
pretax income
    
    
    (0.9
    )
    
    
    (0.3
    )
    
    
    (0.8
    )
    
    
    0.1
    
    
    
    (0.8
    )Add losses of less than 50%
owned affiliates included
in pretax income
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    Add fixed charges net of
capitalized interest
    
    
    89.5
    
    
    
    101.4
    
    
    
    108.5
    
    
    
    114.9
    
    
    
    85.8Add previously capitalized
interest amortized during
period
    
    
    0.9
    
    
    
    0.7
    
    
    
    1.0
    
    
    
    1.1
    
    
    
    1.2Earnings
    
    $
    99.4
    
    
    $
    500.8
    
    
    $
    370.7
    
    
    $
    356.3
    
    
    $
    220.7Gross interest expense
including capitalized
interest
    
    $
    82.2
    
    
    $
    93.5
    
    
    $
    101.2
    
    
    $
    105.8
    
    
    $
    77.6Interest portion of rental expense
    
    
    11.4
    
    
    
    9.6
    
    
    
    8.8
    
    
    
    9.8
    
    
    
    8.8Fixed charges
    
    $
    93.6
    
    
    $
    103.1
    
    
    $
    110.0
    
    
    $
    115.6
    
    
    $
    86.4Ratio of earnings to
fixed charges
    
    
    1.06
    
    
    
    4.86
    
    
    
    3.37
    
    
    
    3.08
    
    
    
    2.55
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 25, 2008 Clifford W. Taylor,

 Chief Justice 

137341 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 137341 

 COA: 286383 

Monroe CC: 07-036287-FH 

CHARLES TALIAFERRO SMITH, III,

 Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 28, 2008 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

l1117 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 25, 2008 

 Clerk
**CONFIDENTIAL SETTLEMENT AGREEMENT AND** 

**GENERAL RELEASE OF ALL CLAIMS**

 

**RECITALS**

 

WHEREAS, 4Kids Entertainment, Inc. (“4Kids”) filed a Complaint against Fox Broadcasting Company (“Fox”) captioned *4Kids Entertainment Inc. v. Fox Broadcasting Company*, Index No. 601232/08 in the Supreme Court of the State of New York, County of New York, which was later removed to the United States District Court for the Southern District of New York and captioned as *4Kids Entertainment Inc. v. Fox Broadcasting Company,* No. 08-CV-4865 (the “Action”);  

WHEREAS, Fox filed an Answer and Counterclaims in the Action which set forth causes of action against 4Kids alleging, *inter alia*, damages associated with 4Kids’ failure to make contractual quarterly payments as due; 

WHEREAS, 4Kids and Fox entered into a contract on or about January 18, 2002 and amended and extended that contract from time to time, including without limitation on or about March 2, 2006 and August 3, 2007 (the contract and all amendments and extensions thereto and option notifications thereunder collectively constituting the “Term Sheet”); 

WHEREAS, 4Kids denies any and all allegations contained in the Counterclaims filed by Fox and believes it has meritorious defenses;  

WHEREAS, Fox denies any and all allegations contained in the Complaint filed by 4Kids and believes it has meritorious defenses;  

NOW, THEREFORE, 4Kids and Fox hereby agree to resolve any and all disputes between them on the terms and conditions set forth herein.

 

 

**I.****DEFINITIONS**

 

----
Exhibit 15











Securities and Exchange Commission

450 Fifth Street, N.W.

Washington, D.C.  20549



Commissioners:



We are aware that our report dated April 14, 2005 on our review of interim financial statements of LCNB Corp. and Subsidiaries (the "Company"), issued pursuant to the provisions of Statement on Auditing Standards No. 100, as of and for the three-month periods ended March 31, 2005 and 2004 and included in the Company's quarterly report on Form 10-Q for the quarter then ended, is incorporated by reference in the Registration Statement of the Company on Form S-8, filed on March 13, 2003. We are also aware of our responsibilities under the Securities Act of 1933.







/s/ J.D. Cloud & Co. L.L.P.



J.D. Cloud & Co. L.L.P.





Cincinnati, Ohio

April 29, 2005