alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.47
 ION GEOPHYSICAL CORPORATION
STOCK APPRECIATION RIGHTS PLAN
 SECTION 1
 GENERAL PROVISIONS RELATING
TO PLAN GOVERNANCE, COVERAGE AND BENEFITS
 1.1 Purpose
 Company
 ERISA
 Effective Date Section 5.6
 1.2 Definitions
  Authorized Officer
 Board
 Cause
 1




---



##### 



CEO
 Change in Control Section
4.5
 Code
 Committee
 Common Stock
 Company
 Consultant
 Director
 Disability
 Employee
 2




---



##### 



Employment
 Exchange Act
 Fair Market Value
 Grantee
 Immediate Family
 Non-Employee Director
 Non-Employee Director Award
 Parent
 Plan
 Publicly Held Corporation
 Retirement
 3




---



##### 



SAR Agreement Section 4.1 (a).
 Share
 Spread
 Stock Appreciation Right or SAR Section 2
 Subsidiary
 1.3 Plan Administration
 Authority of the Committee
 Meetings
 Decisions Binding
 Modification of Outstanding SARs provided, however
 Delegation of Authority
 Expenses of Committee
 4




---



##### 



Indemnification provided
 Awards in Foreign Countries
 1.4 Shares of Common Stock
  1.5 Eligibility
  SECTION 2
 STOCK APPRECIATION RIGHTS
 2.1 Stock Appreciation Rights
 General Provisions
 Exercise
 5




---



##### 



Settlement
 SECTION 3
 PROVISIONS RELATING TO NON-EMPLOYEE DIRECTOR AWARDS
 3.1 Generally
  3.2 Vesting Period
  SECTION 4
 PROVISIONS RELATING TO PLAN PARTICIPATION
 4.1 Plan Conditions
 SAR Agreement
 No Right to Employment
 4.2 Transferability
  6




---



##### 



provided Section 4.2 provided Section 4.4
  Section 4.2 Section
4.2
 4.3 Change in Stock and Adjustments
 Changes in Law Section 4.5
 Exercise of Corporate Powers
 Recapitalization of the Company Section 4.5
 7




---



##### 



Assumption of SARs by a Successor Section 4.5
    Subsection (d)
  4.4 Termination of Employment, Death, Disability and Retirement
 Termination of Relationship
 Termination for Cause
 8




---



##### 



Retirement
 Disability or Death
 Continuation
 4.5 Change in Control
 Vesting; Amendment
 Section 4.5
 Definition
 provided, however, Section 4.5(c)
 9




---



##### 



provided, however, i.e.
   SECTION 5
 GENERAL
 5.1 Grant Period
  5.2 Funding and Liability of Company
  10




---



##### 



5.3 Withholding Taxes.
  5.4 No Guarantee of Tax Consequences
  5.5 Designation of Beneficiary by Grantee
  5.6 Amendment and Termination
  5.7 Successors to Company
  5.8 Miscellaneous Provisions
   5.9 Severability
  11




---



##### 



5.10 Gender, Tense and Headings
  5.11 Governing Law
  5.12 Deferred Compensation
  12
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UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEWEY STEVEN TERRY, 

Plaintiff-Appellant, 

 v. 

PHILLIP EARLEY; et al., 

Defendants-Appellees.

No. 17-15184 

D.C. No. 3:13-cv-01227-EMC 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Edward M. Chen, District Judge, Presiding

Submitted November 15, 2017**

Before: CANBY, TROTT, and GRABER, Circuit Judges. 

Dewey Steven Terry, a California state prisoner, appeals pro se from the 

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that 

defendants were deliberately indifferent to his health and safety. We have 

jurisdiction under 28 U.S.C. § 1291. We review de novo. Wallis v. Baldwin, 70 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

NOV 21 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

17-15184

F.3d 1074, 1076 (9th Cir. 1995). We affirm.

The district court properly granted summary judgment on Terry’s Eighth 

Amendment claim because Terry failed to raise a genuine dispute of material fact 

as to whether “he himself [wa]s being exposed to unreasonably high levels” of 

asbestos and lead. Helling v. McKinney, 509 U.S. 25, 35-36 (1993) (setting forth 

evidence needed to prevail on a claim of deliberate indifference based on exposure 

to second-hand smoke); see also Wallis, 70 F.3d at 1077.

The district court properly granted summary judgment on Terry’s state law 

claims because Terry did not comply with the claim-presentment requirement of 

the California Government Claims Act. See Cal. Gov’t Code § 911.2; Ellis v. City 

of San Diego, Cal., 176 F.3d 1183, 1190 (9th Cir. 1999); California v. Superior 

Court (Bodde), 90 P.3d 116, 122 (Cal. 2004).

The district court did not abuse its discretion in denying Terry’s motion to 

alter or amend the judgment because Terry failed to demonstrate any grounds for 

such relief. See Dixon v. Wallowa County, 336 F.3d 1013, 1022 (9th Cir. 2003) 

(setting forth standard of review and requirements for granting relief under Fed. R. 

Civ. P. 59(e)). 

Appellee Young’s request to strike settlement documents attached to Terry’s 

filings, set forth in his answering brief, is granted. The Clerk of Court is hereby 

directed to strike Exhibit 1 to Docket Entries 10, 12, and 29 because all three of the 
3

17-15184

exhibits contain confidential settlement information. 

AFFIRMED.
#### § 78.108 Minimum path lengths for fixed links.

(a) The distance between end points of a fixed link must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below.

| Frequency band (MHz) | Minimum path length (km) |
| --- | --- |
| 12,200 to 13,250 | 5 |
| Above 17,700 | N/A |

(b) For paths shorter than those specified in the Table, the EIRP shall not exceed the value derived from the following equation.

EIRP = MAXEIRP − 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW.

MAXEIRP = Maximum EIRP as set forth in the Table in § 74.636 of this part.

A = Minimum path length from the Table above for the frequency band in kilometers.

B = The actual path length in kilometers.

Note to paragraph (b):

For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power.

(c) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements.

Note:

Links authorized prior to April 1, 1987, are excluded from this requirement, except that, effective April 1, 1992, the Commission will require compliance with the criteria where an existing link would otherwise preclude establishment of a new link.

[52 FR 7145, Mar. 9, 1987, as amended at 68 FR 12776, Mar. 17, 2003]
§ 4.1 Scope, basis, and purpose. ( a ) In this part, the Federal Communications Commission is setting forth requirements pertinent to the reporting of disruptions to communications and to the reliability and security of communications infrastructures.
( b ) The definitions, criteria, and reporting requirements set forth in Sections 4.2 through 4.13 of this part are applicable to the communications providers defined in Section 4.3 of this part.
( c ) The definitions, criteria, and reporting requirements set forth in Section 4.15 of this part are applicable to submarine cable providers who have been licensed pursuant to 47 U.S.C. 34-39.
[81 FR 52362, Aug. 8, 2016]
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

LUIS AMAYA,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 11

- 00265

- CR

Appeal from the

Criminal District Court No. 1

of El Paso County, Texas

(TC# 20110D01529 )

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 9 TH DAY OF OCTOBER, 2013.

GUADALUPE RIVERA, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
Editorial Note on Part 74
Editorial Note: Nomenclature changes to part 74 appear at 64 FR 4055, Jan. 27, 1999.

§ 74.582 Station identification. ( a ) Each aural broadcast STL or intercity relay station, when transmitting program material or information shall transmit station identification at the beginning and end of each period of operation, and hourly, as close to the hour as feasible, at a natural break in program offerings by one of the following means: ( 1 ) Transmission of its own call sign by aural means or by automatic transmission of international Morse telegraphy.
( 2 ) Aural transmission of the call sign of the radio broadcast station with which it is licensed as an STL or intercity relay station.
( 3 ) Aural transmission of the call sign of the radio broadcast station whose signals are being relayed, or, when programs are obtained directly from network lines and relayed, the network identification.
( b ) Station identification transmissions during operation need not be made when to make such transmission would interrupt a single consecutive speech, play, religious service, symphony concert, or other such productions. In such cases, the identification transmission shall be made at the first interruption of the entertainment continuity and at the conclusion thereof.
( c ) Where more than one aural broadcast STL or intercity relay station is employed in an integrated relay system, the station at the point of origination may originate the transmission of the call signs of all of the stations in the relay system.
( d ) Aural broadcast microwave booster stations will be assigned individual call signs. However, station identification will be accomplished by the retransmission of identification as provided in paragraph (a) of this section.
( e ) Voice transmissions shall normally be employed for station identification. However, other methods of station identification may be permitted or required by the Commission.
[28 FR 13716, Dec. 14, 1963, as amended at 42 FR 36830, July 18, 1977; 42 FR 38178, July 27, 1977; 45 FR 26067, Apr. 17, 1980; 49 FR 7130, Feb. 27, 1984]
§ 73.713 Program tests. ( a ) Upon completion of construction of an international broadcasting station in accordance with the terms of the construction permit, the technical provisions of the application therefor, and the rules and regulations and the applicable engineering standards, and when an application for station license has been filed showing the station to be in satisfactory operating condition, the permittee may request authority to conduct program tests. Such request shall be electronically filed with the FCC in the International Communications Filing System (ICFS) at least 10 days prior to the date on which it is desired to begin such operation. All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the license application.
( b ) Program tests shall not commence until specific Commission authority is received. The Commission reserves the right to change the date of the beginning of such tests or to suspend or revoke the authority for program tests as and when such action may appear to be in the public interest, convenience, and necessity.
( c ) Unless sooner suspended or revoked, program test authority continues valid during Commission consideration of the application for license and during this period further extension of the construction permit is not required. Program test authority shall be automatically terminated by final determination upon the application for station license.
( d ) All operation under program test authority shall be in strict compliance with the rules governing international broadcasting stations and in strict accordance with representations made in the application for license pursuant to which the tests were authorized.
( e ) The granting of program test authority shall not be construed as approval by the Commission of the application for station license.
[38 FR 18894, July 16, 1973, as amended at 47 FR 40174, Sept. 13, 1982; 86 FR 54401, Oct. 1, 2021; 88 FR 21447, Apr. 10, 2023]
#### § 80.1114 False distress alerts.

The provisions of §§ 80.334 and 80.335 apply to false distress alerts.

[68 FR 46980, Aug. 7, 2003]
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Page 45071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6752]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Boston Harbor Islands Advisory Council; Notice of Meeting

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act (Pub. L. 92-463) that the Boston Harbor Islands Advisory 
Council will meet on Wednesday, September 6, 2006. The meeting will 
convene at 6 p.m. at Northeastern University, Shillman Hall, Room 220, 
Boston, MA.
    The Advisory Council was appointed by the Director of National Park 
Service pursuant to Public Law 104-333. The 28 members represent 
business, educational/cultural, community and environmental entities; 
municipalities surrounding boston Harbor; Boston Harbor advocates; and 
Native American interests. The purpose of the Council is to advise and 
make recommendations to the Boston Harbor Islands Partnership with 
respect to the development and implementation of a management plan and 
the operations of the Boston Harbor Islands national park area.
    The Agenda for this meeting is as follows:
    1. Call to Order, Introductions of Advisory Council members 
present.
    2. Review and approval of minutes of the June meeting.
    3. Summer Review.
    4. Report from the NPS.
    5. Public Comment.
    6. Next Meetings.
    7. Adjourn.
    The meeting is open to the public. Further information concerning 
Council meetings may be obtained from the Superintendent, Boston Harbor 
Islands. Interested persons may make oral/written presentations to the 
Council or file written statements. Such requests should be made at 
least seven days prior to the meeting to: Superintendent, Boston Harbor 
Islands NRA, 408 Atlantic Avenue, Boston, MA 02110, telephone (617) 
223-8667.

    Dated: July 24, 2006.
Bruce Jacobson,
Superintendent, Boston Harbor Islands NRA.
[FR Doc. 06-6752 Filed 8-7-06; 8:45 am]
BILLING CODE 4310-8G-M
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4938 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4938

 To provide that members of the Armed Forces held as hostages in Iran 
after the seizure of the United States Embassy in Tehran on November 4, 
   1979, shall be treated as having been prisoners of war during the 
               period that they were in a captive status.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 11, 1994

   Mr. Barrett of Nebraska introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To provide that members of the Armed Forces held as hostages in Iran 
after the seizure of the United States Embassy in Tehran on November 4, 
   1979, shall be treated as having been prisoners of war during the 
               period that they were in a captive status.

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

SECTION 1. PRISONER OF WAR STATUS FOR MEMBERS OF THE ARMED FORCES WHO 
              WERE HOSTAGES DURING THE IRAN EMBASSY CRISIS.

    (a) In General.--Any individual who, while a member of the Armed 
Forces serving on active duty, was held in a captive status as a result 
of the seizure of the United States Embassy in Tehran on November 4, 
1979, shall be treated for all purposes as having been in a prisoner of 
war status during the period of that captivity and shall 
(notwithstanding any other requirement in law or regulation) be 
eligible for all rights and benefits (including the Prisoner of War 
Medal) applicable to persons who were held as prisoners of war.
    (b) Coordination of Benefits.--An individual covered by subsection 
(a) who is eligible for any benefit under a law providing benefits for 
persons held in captive status is not eligible for the same or a 
substantially identical benefit by reason of having been (in accordance 
with subsection (a)) in a prisoner of war status during the same period 
of captivity.
                                 <all>
```
No. 11-5788.

#### Amirnazmi *v.*United States.

C. A. 3d Cir. Certiorari denied.
```

[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Notices]               
[Page 31449-31450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn10-77]                         

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality; Notice of Meeting

 
In accordance with section 10(d) of the Federal Advisory 
Committee Act (5 U.S.C., Appendix 2), announcement is made of a Health 
Care Policy and Research Special Emphasis Panel (SEP) meeting.

    A Special Emphasis Panel is a group of experts in fields related to 
health care research who are invited by the Agency for Healthcare 
Research and Quality (AHRQ), and agree to be available, to conduct on 
an as needed basis, scientific reviews of applications for AHRQ 
support. Individual members of the Panel do not attend regularly-
scheduled meetings and do not serve for fixed terms or a long period of 
time. Rather, they are asked to participate in particular review 
meetings which require their type of expertise.
    Substantial segments of the upcoming SEP meeting listed below will 
be closed to the public in accordance with the Federal Advisory 
Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C. 
552b(c)(6). Grant applications for the AHRQ Limited Competition: 
PROSPECT STUDIES--Building New Clinical Infrastructure for CE (R01) 
applications are to be reviewed

[[Page 31450]]

and discussed at this meeting. These discussions are likely to reveal 
personal information concerning individuals associated with the 
applications. This information is exempt from mandatory disclosure 
under the above-cited statutes.
    SEP Meeting on: AHRQ Limited Competition: PROSPECT STUDIES--
Building New Clinical Infrastructure for CE (R01).
    Date: June 16, 2010 (Open on June 16 from 8 a.m. to 8:15 a.m. and 
closed for the remainder of the meeting).
    Place: Hyatt Regency Bethesda Hotel, 7400 Wisconsin Avenue, 1 
Bethesda Metro Center, Bethesda, Maryland 20814.
    Contact Person: Anyone wishing to obtain a roster of members, 
agenda or minutes of the non-confidential portions of this meeting 
should contact Mrs. Bonnie Campbell, Committee Management Officer, 
Office of Extramural Research, Education and Priority Populations, 
AHRQ, 540 Gaither Road, Room 2038, Rockville, Maryland 20850, Telephone 
(301) 427-1554.
    Agenda items for this meeting are subject to change as priorities 
dictate.

    Dated: May 24, 2010.
Carol M. Clancy,
Director.
[FR Doc. 2010-13109 Filed 6-2-10; 8:45 am]
BILLING CODE 4160-90-M
```
§ 25.101 Basis and scope. ( a ) The rules and regulations in this part are issued pursuant to the authority contained in section 201(c)(11) of the Communications Satellite Act of 1962, as amended, section 501(c)(6) of the International Maritime Satellite Telecommunications Act, and titles I through III of the Communications Act of 1934, as amended.
( b ) The rules and regulations in this part supplement, and are in addition to the rules and regulations contained in or to be added to, other parts of this chapter currently in force, or which may subsequently be promulgated, and which are applicable to matters relating to communications by satellites.
[28 FR 13037, Dec. 5, 1963, as amended at 56 FR 24015, May 28, 1991]
----

            COMMISSION REGULATION (EC) No 791/2005

of 26 May 2005         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 27 May 2005.

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

Done at Brussels, 26 May 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

----

ANNEX

to Commission Regulation of 26 May 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘            999            ’ stands for ‘of other origin’.

----