alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1010.1 Policy. The Presidio Trust's policy is to: ( a ) Use all practical means, consistent with the Trust's statutory authority, available resources, and national policy, to protect and enhance the quality of the human environment;
( b ) Ensure that environmental factors and concerns are given appropriate consideration in decisions and actions by the Trust;
( c ) Use systematic and timely approaches which will ensure the integrated use of the natural and social sciences and environmental design arts in planning and decision-making which may have an impact on the human environment;
( d ) Develop and utilize ecological, cultural, and other environmental information in the management of the Presidio Trust Area and its natural, historic, scenic, cultural, and recreational resources pursuant to the Trust Act;
( e ) Invite the cooperation and encourage the participation, where appropriate, of Federal, State, and local authorities and the public in Trust planning and decision-making processes that affect the quality of the human environment; and
( f ) Minimize any possible adverse effects of Trust decisions and actions upon the quality of the human environment.
Document

SECOND AMENDMENT TO THE 
PIONEER NATURAL RESOURCES USA, INC. 
401(k) AND MATCHING PLAN 
(Amended and Restated Effective as of January 1, 2020)


THIS SECOND AMENDMENT is made and entered into by Pioneer Natural Resources USA, Inc. (the “Company”):


WITNESSETH:


WHEREAS, the Company maintains the Pioneer Natural Resources USA, Inc. 401(k) and Matching Plan (the “Plan”);


WHEREAS, pursuant to Section 8.3 of the Plan, the Benefit Plan Design Committee (the “Committee”) of the Company maintains the authority to amend the Plan at any time; and


WHEREAS, effective June 19, 2020 (the “Effective Date”), the Committee desires to amend the Plan to provide for full and immediate vesting in any employer-derived benefits accrued under the Plan for certain employees who are involuntarily terminated in connection with the reduction in force at Pioneer Natural Resources Well Services LLC. 


NOW THEREFORE, the Plan is hereby amended as of the Effective Date as follows:


1.         Section 5.3(w) is hereby added to the Plan as follows:


(w)       Any provision of this Plan to the contrary notwithstanding, the
amounts credited to the Employer Account of a Participant who is specifically designated by the Vice President, Human Resources of the Company as being involuntarily terminated in connection with the reduction in force of Pioneer Natural Resources Well Services LLC announced by the Company on June 19, 2020 shall become fully vested and nonforfeitable on the date of such involuntary termination.


NOW, THEREFORE, be it further provided that except as provided above, the Plan shall continue to read in its current state.


IN WITNESS WHEREOF, the Company has executed this Second Amendment this 18th day of June 2020 to be effective as specified above.


                                                             PIONEER NATURAL RESOURCES USA, INC.






                                                                                  By: /s/ Tyson L. Taylor
                                                                                  Name: Tyson Taylor
                   Title: Vice President, Human Resources
§ 1120.52 Computerized records. ( a ) Information available in whole or in part in computerized form which is disclosable under the Freedom of Information Act is available to the public as follows: ( 1 ) When there is an existing printout from the computer which permits copying the printout, the material will be made available at the per page rate stated in § 1120.51(a) for each 81 ⁄ 2 by 11 inch page.
( 2 ) When there is not an existing printout of information disclosable under the Freedom of Information Act, a printout shall be made if the applicant pays the cost to the A&TBCB as stated in paragraph (a)(3) of this section.
( 3 ) Obtaining information from computerized records frequently involves a minimum computer time cost of approximately $100 per request. Multiple requests involving the same subject may cost less per request. Services of personnel in the nature of a search shall be charged for at rates prescribed in § 1120.51(a). A charge shall be made for the computer time involved based upon the prevailing level of costs to Government organizations and upon the particular types of computer and associated equipment and the amounts of time on such equipment that are utilized. A charge shall also be made for any substantial amounts of special supplies or materials used to contain, present, or make available the output of computers based upon the prevailing levels of costs to Government organizations and upon the type and amount of the supplies and materials that are used.
( b ) Information in the Board's computerized records which could be produced only by additional programming of the computer, thus producing information not previously in being, is not required to be furnished under the Freedom of Information Act. In view of the usually heavy workloads of the computers used by the Board, such a service cannot ordinarily be offered to the public.
<PAGE>

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

     We have issued our reports dated March 25, 1999, accompanying the
consolidated financial statements and schedule included in the Annual Report of
WinStar Communications, Inc. and Subsidiaries on Form 10-K for the year ended
December 31, 1998. We hereby consent to the incorporation by reference of said
reports in the Registration Statements of WinStar Communications, Inc. on Forms
S-8 (Registration Nos. 33-87568; 33-98668; 333-47391; 333-31057; 333-15073 and
333-63541), Form S-4 (Registration No. 333-40755); Forms S-3 (Registration Nos.
33-95242; 333-6073; 333-6079; 333-18465 and 333-70263).

GRANT THORNTON LLP


New York, New York
March 25, 1999
# EUR-Lex - 12006E047 - EN

Important legal notice

*|*

# 12006E047

**Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE III - Free movement of persons, services and capital - Chapter 2 - Right of establishment - Article 47 **

*
Official Journal C 321 E , 29/12/2006 P. 0061 - 0061 Official Journal C 325 , 24/12/2002 P. 0054 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0196 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0023 - Consolidated version (EEC Treaty - no official publication available) *

Article 47

1. In order to make it easier for persons to take up and pursue activities as self-employed persons, the Council shall, acting in accordance with the procedure referred to in Article 251, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications.

2. For the same purpose, the Council shall, acting in accordance with the procedure referred to in Article 251, issue directives for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons. The Council, acting unanimously throughout the procedure referred to in Article 251, shall decide on directives the implementation of which involves in at least one Member State amendment of the existing principles laid down by law governing the professions with respect to training and conditions of access for natural persons. In other cases the Council shall act by qualified majority.

3. In the case of the medical and allied and pharmaceutical professions, the progressive abolition of restrictions shall be dependent upon coordination of the conditions for their exercise in the various Member States.

--------------------------------------------------
decree. Because the agreement was not subsequently reduced to writing,

we look to the terms of the agreement entered in open court as reflected in the district court minutes. See Grisham v. Grisham, 128 Nev. , 289 P.3d 230 (2012) (holding that an oral agreement put on court record is enforceable); see also Grenz v. Grenz, 78 Nev. 394, 399, 374 P.2d 891, 894 (1962) (reviewing an agreement entered into the district court minutes.)

Here, the agreement provided appellant with custodial time on each weekend, except the third weekend per month, from Friday after school through return to school Monday morning. On appellant's noncustodial weekend, appellant would have the children overnight on the following Monday. The agreement also provided that the children would spend weekdays after school with appellant until they could be picked up by respondent after her work day had ended, and that appellant would have the children on days when they were out of school if respondent was working. Thus, the agreement provided appellant with seven to nine overnight stays per month, depending on the number of weekends in a given month, as well as daily time when the children were not in school if respondent was at work. The district court properly reviewed the actual custodial time under Rivero v. Rivero, 125 Nev. 410, 216 P.3d 213 (2009), and found that appellant's actual timeshare consisted of nine overnight visits per month, which is consistent with the agreement. Thus, we conclude that the district court properly determined that respondent was the primary custodian, as she had custody more than 60 percent of the time. Consequently, because we conclude that the district court properly calculated the custodial status of the parties and properly determined the timeshare when setting the child support order, we reject appellant's arguments that the child support order should be reversed.

2Hardesty

Parraguirre Appellant also argues that the district court improperly determined that he was willfully unemployed by applying the presumption set forth in Minnear v. Minnear, 107 Nev. 495, 814 P.2d 85 (1991), to the award of alimony. We disagree. As child support was ordered, the district court properly considered appellant's employment status in light of the Minnear presumption in setting the child support obligation. Further, willful unemployment is a factor for the district court to consider in setting alimony. Rosenbaum v. Rosenbaum, 86 Nev. 550, 554, 471 P.2d 254,256- 57 (1970); accord Rodriguez v. Rodriguez, 116 Nev. 993, 998, 13 P.3d 415, 418-19 (2000) (including earning capacity as a factor to consider in awarding alimony). We conclude that the district court properly considered appellant's employment status for purposes of both alimony and child support. Accordingly, We

ORDER the judgment of the district court AFFIRMED.'



### , J.

'In light of this order, we deny all outstanding requests as moot.

SUPREME COURT

OF NEVADA

(0) I947A 3

### cc: Hon. Vincent Ochoa, District Judge Erik A. Engdahl Abigail Helen Engdahl Eighth District Court Clerk

SUPREME COURT

OF NEVADA

(0) 1947A 

### 4
<PAGE>   1
                                                          Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the Registration Statements of 
BancFirst Ohio Corp. on Form S-8 (File Nos. 33-64288 and 33-64436) of our 
report dated January 24, 1997, on our audits of the consolidated financial 
statements of BancFirst Ohio Corp. and Subsidiaries as of December 31, 1996 and 
1995, and for the years ended December 31, 1996, 1995, and 1994, which report 
is included in this Annual Report on Form 10-K.


                                               COOPERS & LYBRAND L.L.P.


Columbus, Ohio
March 10, 1997
<PAGE>

                                                                    EXHIBIT 12.1

                                 XTO ENERGY INC.
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
(in thousands)                                                      Year Ended December 31
                                                 --------------------------------------------------------------
                                                   2001         2000         1999         1998          1997
                                                 ---------    ---------    ---------    ---------     ---------
<S>                                              <C>          <C>          <C>          <C>           <C>
Income before income tax, minority interest
  and cumulative effect of accounting change.    $ 455,357    $ 176,432    $  70,605    $(105,570)    $  39,201
Interest expense ............................       56,317       81,759       70,828       58,499        26,747
Interest portion of rentals .................        3,919        5,776        4,698        3,727         3,044
                                                 ---------    ---------    ---------    ---------     ---------
Earnings (loss) before provision for
 taxes and fixed charges ....................    $ 515,593    $ 263,967    $ 146,131    $ (43,344)    $  68,992
                                                 =========    =========    =========    =========     =========

Interest expense ............................    $  56,317    $  81,759    $  70,828    $  58,499     $  26,747
Capitalized interest ........................        6,649        3,488        1,353        1,070         1,185
Interest portion of rentals .................        3,919        5,776        4,698        3,727         3,044
Preferred stock dividends ...................           --        1,758        1,779        1,779         1,779
                                                 ---------    ---------    ---------    ---------     ---------

Total Fixed Charges .........................    $  66,885    $  92,781    $  78,658    $  65,075     $  32,755
                                                 =========    =========    =========    =========     =========

Ratio of Earnings to Fixed Charges ..........          7.7          2.8          1.9           --(a)         2.1

Excess of Fixed Charges over Earnings .......    $      --    $      --    $      --    $ 108,419     $      --
</TABLE>

(a)   Negative ratio is the result of a $87.4 million pre-tax net loss on
      investment in equity securities (excluding related interest expense) and a
      $2 million pre-tax, non-cash impairment charge. Excluding the effects of
      these charges, fixed charges exceeded earnings by $19 million.
# EUR-Lex - 12004V304 - EN

Important legal notice

*|*

# 12004V304

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE V — THE UNION'S EXTERNAL ACTION - CHAPTER II — COMMON FOREIGN AND SECURITY POLICY - Section 1 — Common provisions - Article III-304 **

*
Official Journal 310 , 16/12/2004 P. 0137 - 0137 *

Article III-304

1. The Union Minister for Foreign Affairs shall consult and inform the European Parliament in accordance with Article I-40(8) and Article I-41(8). He or she shall ensure that the views of the European Parliament are duly taken into consideration. Special representatives may be involved in briefing the European Parliament.

2. The European Parliament may ask questions of the Council and of the Union Minister for Foreign Affairs or make recommendations to them. Twice a year it shall hold a debate on progress in implementing the common foreign and security policy, including the common security and defence policy.

--------------------------------------------------
# EUR-Lex - 12004V229 - EN

Important legal notice

*|*

# 12004V229

**Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE III — INTERNAL POLICIES AND ACTION - CHAPTER III — POLICIES IN OTHER AREAS - Section 4 — Agriculture and fisheries - Article III-229 **

*
Official Journal 310 , 16/12/2004 P. 0101 - 0101 *

Article III-229

To enable the objectives set out in Article III-227 to be attained, provision may be made within the framework of the common agricultural policy for measures such as:

(a) an effective coordination of efforts in the spheres of vocational training, of research and of the dissemination of agricultural knowledge; this may include joint financing of projects or institutions;

(b) joint measures to promote consumption of certain products.

--------------------------------------------------
1 Order 20 11

- 4

- 11

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 13 th day of April , 20 11

Served: April 13, 2011

ORDER

The United States and Brazil have reached an ad referendum agreement (the Agreement)

that will establish Open Skies between the United States and Brazil by October 2015.

Until t he exchange of diplomatic notes bringing the Agreement into force, the terms of

the Memorandum of Consultations (MOC) between the United States and Brazil dated

March 18, 2011, will be applied on a comity and reciprocity basis.

Under the terms of the MO C, the number of charter opportunities for U.S. carriers is

unlimited

. Accordingly, we rescind Order 2010

- 11

- 12 , which sets forth the currently

applicable procedures for U.S. carriers as regards Brazil charters

. U.S. carriers holding

appropriate economic authority may operate U.S.

- Brazil charter flights without the need

for further process. 1 We will be issuing no further Brazil charter allocations.

We will serve a copy of this order on U.S. air carriers holding an advance allotment under

the June 11, 2010 Brazil Cargo Charter Notice; all other U.S. certificated air carriers

1 Carriers are advised that they must follow the Brazilian government’s procedures with respect to

operation of U.S

- Brazil charter flights. We note that our rescission of Order 201 0

- 11

- 12 also applies to all

reporting requirements set forth in that order

. In the Matter of Brazil Cargo Charter

Authorizations Docket DOT

- OST

- 2010

- 02412 operating large aircraft; the Ambassador of Brazil in Washington, DC; and the U.S.

Department of State (Office of Aviation Negotiations).

By:

SUSAN L. KURLAND

Assi stant Secretary for

Aviation and International Affairs

(SEAL)
**Exhibit 31.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACTOF 2002**

 

 

I, Zach Bair, certify that:

 

I have reviewed this quarterly report on Form 10-QSBof Immediatek, Inc.;

 

Based on my knowledge, this quarterly report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this quarterly report;

 

Based on my knowledge, the financial statements, andother financial information included in this quarterly report, fairly presentin all material respects the financial condition, results of operations and cashflows of the registrant as of, and for, the periods presented in this quarterlyreport;

 

The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rule 13a-14 and 15d-14) for the registrant and wehave:

 

designed such disclosure controls and procedures toensure that material information relating to the registrant, including itsconsolidating subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report was prepared;

 

evaluated the effectiveness of the registrant’sdisclosure controls and procedures as of the end of the period covered by thisquarterly report  (the  “Evaluation Date”); and

 

presented in this quarterly report our conclusionsabout the effectiveness of the disclosure controls and procedures based on therequired evaluation as of the Evaluation Date;

 

The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation, to the   registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function):

 

all significant deficiencies in the design oroperation of internal controls which could adversely affect the registrant’sability to record, process, summarize and report financial data and haveidentified for the registrant’s auditors any material weaknesses in internalcontrols; and

 

any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal controls; and

 

The registrant’s other certifying officers and I haveindicated in this quarterly report whether or not there were significantchanges in internal controls or in other factors that could significantlyaffect internal controls subsequent to the date of our most recent evaluation,including any corrective actions with regard to significant deficiencies andmaterial weaknesses.

 
| Date:  | May 14, 2004                                     |   |
|--------|--------------------------------------------------|--------|
|   |                                             |
|   |  /s/ Zach Bair                              |   |
|   | Zach Bair, President and Chief Executive Officer |
|   | (Principal  Executive Officer)                   |

 

----
|   | (1) | the      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 Report fairly presents, in all material      respects, the financial condition and result of operations of the      Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/       Philip D.      Ellett              |   |   |   |
|--------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
| Philip      D. EllettChief      Executive OfficerMay      30, 2008                                                 |   |   |   |
§ 270.5 Conduct of referendum. ( a ) Upon making affirmative determinations under § 270.4, NMFS, within 90 days after the date of the last affirmative determination, will conduct a referendum on the adoption of the proposed charter.
( b ) NMFS will estimate the cost of conducting the referendum, notify the applicants, and request that applicants post a bond or provide other applicable security, such as a cashier§ s check, to cover costs of the referendum.
( c ) NMFS will initially pay all costs of a referendum to establish a Council. Within two years after establishment, the Council must reimburse NMFS for the total actual costs of the referendum from assessments collected by the Council. If a referendum fails to result in establishment of a Council, NMFS will immediately recover all expenses incurred for conducting the referendum from the bond or security posted by applicants. In either case, such expenses will not include salaries of government employees or other administrative overhead, but will be limited to those additional direct costs incurred in connection with conducting the referendum.
( d ) No less than 30 days prior to holding a referendum, NMFS will: ( 1 ) Publish in the Federal Register the text of the proposed charter and the most complete list available of sector participants eligible to vote in the referendum; and
( 2 ) Provide for public comment, including the opportunity for a public meeting.