alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kinetic Concepts, Inc., Respondent, v County of Erie, Appellant, et al., Respondent.

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Erie County Medical Center (ECMC) advertised for bids for the rental of special hospital beds but, after discovering an inadequacy in the bid specifications that precluded it from ascertaining which vendor was the lowest bidder, it rejected all bids. Instead of readvertising for bids, ECMC leased the beds under a joint purchasing program authorized by Public Health Law § 2803-a (2). In this CPLR article 78 proceeding brought by petitioner, one of the bidders, Supreme Court set aside the joint purchase contract and directed ECMC to readvertise for bids. We agree with Supreme Court that ECMC did not act improperly in setting aside all of the bids *(see, Matter of Conduit & Found. Corp. v Metropolitan Transp. Auth.,*66 NY2d 144, 148-149), but we disagree that ECMC should be directed to advertise for new bids.

Supreme Court held that ECMC acted improperly in not affording petitioner an opportunity for further bidding. The purpose of General Municipal Law § 103 requiring competitive bidding for public contracts is to protect the taxpayers, not the contractors *(Matter of Conduit & Found. Corp. v Metropolitan Transp. Auth., supra,*at 148). General Municipal Law § 103 (1) provides that a municipal officer or agency "may, in his or its discretion, reject all bids and readvertise for new bids in the manner provided by this section.” Subdivision (8) of that section exempts a municipal hospital from complying with the competitive bidding requirements when it makes joint purchases pursuant to Public Health Law § 2803-a. In its discretion, ECMC properly rejected all bids. Having done so, it was not required to readvertise for new bids. For reasons of economy, it could have decided to do without the hospital beds *(see, People ex rel. Dinsmore v Croton Aqueduct Bd.,*26 Barb 240, 251-252) or it could have, without violating the provisions of General Municipal Law § 103, acquired the beds through a joint purchase agreement. Accordingly, the order appealed from is modified by denying petitioner’s motion in its entirety, granting respondent County of Erie’s cross motion and dis*1032missing the petition. (Appeal from Judgment of Supreme Court, Erie County, Doyle, J.—Article 78.) Present—Doerr, J. P., Boomer, Balio, Lawton and Davis, JJ.
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Page 43882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18648]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Notice of Interest Rate on Overdue Debts

    Section 30.18 of the Department of Health and Human Services' 
claims collection regulations (45 CFR part 30) provides that the 
Secretary shall charge an annual rate of interest, which is determined 
and fixed by the Secretary of the Treasury after considering private 
consumer rates of interest on the date that the Department of Health 
and Human Services becomes entitled to recovery. The rate cannot be 
lower than the Department of Treasury's current value of funds rate or 
the applicable rate determined from the ``Schedule of Certified 
Interest Rates with Range of Maturities'' unless the Secretary waives 
interest in whole or part, or a different rate is prescribed by 
statute, contract, or repayment agreement. The Secretary of the 
Treasury may revise this rate quarterly. The Department of Health and 
Human Services publishes this rate in the Federal Register.
    The current rate of 10\1/4\%, as fixed by the Secretary of the 
Treasury, is certified for the quarter ended June 30, 2018. This rate 
is based on the Interest Rates for Specific Legislation, ``National 
Health Services Corps Scholarship Program (42 U.S.C. 254o(b)(1)(A))'' 
and ``National Research Service Award Program (42 U.S.C. 
288(c)(4)(B)).'' This interest rate will be applied to overdue debt 
until the Department of Health and Human Services publishes a revision.

    Dated: August 23, 2018.
David C. Horn,
Director, Office of Financial Policy and Reporting.
[FR Doc. 2018-18648 Filed 8-27-18; 8:45 am]
 BILLING CODE 4150-04-P
sgwo_ex104.htm


Exhibit 10.4


 


EMPLOYMENT AGREEMENT AMENDMENT


SGWONE Inc.







This EMPLOYMENT AGREEMENT AMENDMENT (this Amendment) is entered into as of December 31, 2013 (the Effective Date) by and between SGWONE Inc. a Nevada corporation (the Company), and Robert J. McNulty (the Chief Executive Officer) under the following terms and conditions:


 


RECITALS:







WHEREAS, the Company and Executive desire to amend the initial Employment Agreement dated August 1, 2013.







WHEREAS, in connection with the employment of Executive by the Company, the Company desires to delete in its entirety section (3.4) Anti Dilution rights:







3.4           Anti Dilution rights. The Employee will have anti-dilution rights of 4.0%. The Employee's shares of stock in the Company will at all times represent at least 4.0% ownership position of the Company's total outstanding shares on an "as if converted" basis, and the aggregate number of shares of Stock that Employee owns shall be adjusted proportionately by the Board of Directors of the Company for any increase in the number of outstanding shares of Stock resulting from the issuance of any additional equity securities by the Company.







NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter set forth, the parties hereto agree to delete Anti Dilution rights section 3.4 in its entirety. This Amendment, including the considerations, is an integral part of the Employment Agreement and vice versa. As far as items not expressly addressed in this Amendment the original Employment Agreement will continue in force.







IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date above written.







THE COMPANY:                                SGWONE Inc. 







By:             Mark V Noffke


Name:       Mark V Noffke


Its:            Chief Financial Officer












By:             Mark V Noffke


Name:       Mark V. Noffke


Its:             Director












By:             Robert McNulty


Name:       Robert McNulty


Its:            Chief Executive Officer
#### John Tuzeo, Respondent, v Lazmi Hegde et al., Defendants, and St. Vincent’s Medical Center of Richmond, *748Appellant.

In an action to recover damages for medical malpractice, the defendant St. Vincent’s Medical Center of Richmond appeals from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated April 18, 1989, which denied its motion for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiff sustained serious personal injuries, including the loss and removal of his right kidney, allegedly emanating from the rendition of medical care by the defendants between February 1985 and February 1987. It is uncontroverted that neither of the defendant doctors had an employment or contractual relationship with the appellant. Their sole affiliation with the appellant consisted of admission privileges. The plaintiff’s hospital chart indicates that he was admitted to the appellant hospital by his private attending urologist, Dr. Hegde. In the course of his deposition, Dr. Hegde indicated that there were no orders issued by him which were not carried out by the hospital staff. Although there is some indication that the plaintiff’s urine output chart was not monitored properly during certain shifts, Dr. Hegde unequivocally stated that said factor was "not important” to him and not important to the care and treatment of the plaintiff.

The mere fact that a physician is affiliated with a hospital for admissions purposes does not suffice to impute a physician’s alleged negligence to that hospital *(see, Ford v Burns,*132 AD2d 595, 596; *De Peralta v Presbyterian Hosp.,*121 AD2d 346, 350). "As a matter of law, the hospital bears no responsibility for the acts or omissions of private physicians selected by a patient” *(Brusco v St. Clare’s Hosp. & Health Center,*128 AD2d 390, 391).

Significantly, neither of the plaintiff’s bills of particulars names any hospital personnel involved in the improper monitoring of the patient’s urinary output or in any other act of medical malpractice. Although the appellant identified the three resident surgeons who rendered assistance to Dr. Hegde, it is undisputed that their function was very minimal in nature and that the hospital staff did not stray from the directives given them by Dr. Hegde. Furthermore, neither bill of particulars specifies the mistakes committed by any unidentified hospital personnel.

*749On these facts, it is impossible to discern any merit to the plaintiff’s case against the appellant *(see, Brusco v St. Clare’s Hosp. & Health Center, supra,*at 391). Under the circumstances, its motion for summary judgment should have been granted. Kunzeman, J. P., Kooper, Lawrence and O’Brien, JJ., concur.
**EXHIBIT 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     We consent to the incorporation by reference in the Registration Statements listed below ofour report dated March 17, 2006, with respect to the consolidated financial statements and scheduleof Paxson Communications Corporation, included in this Annual Report (Form 10-K) for the year endedDecember 31, 2005.**•** Registration Statement (Form S-8 No. 333-72623) pertaining toPaxson Communication Corporation’s 1998 Stock Incentive Plan**•** Registration Statement (Form S-8 No. 333-60452) pertaining toPaxson Communication Corporation’s 1998 Stock Incentive Plan**•** Registration Statement (Form S-8 No.333-105797) pertaining to Paxson Communication Corporation’s 1998Stock Incentive Plan**•** Registration Statement (Form S-8 No. 333-20163) pertaining toPaxson Communication Corporation’s 1996 Stock Incentive Plan**•** Registration Statement (Form S-3 No. 333-75572) pertaining to theresale of 200,000 shares of Class A Common Stock and relatedProspectus/s/ RACHLIN COHEN & HOLTZ LLPWest Palm Beach, Florida
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-150V

Filed: April 17, 2019

UNPUBLISHED

DAPHNE DODSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On January 31, 2018, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the 

“Vaccine Act”). Petitioner alleges that that she suffered left shoulder injuries as a result

of her September 13, 2016 influenza (“flu”) vaccination. Petition at 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On April 16, 2019, respondent filed his Rule 4(c) report in which he concedes

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent indicates that he

 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This 

means the ruling will be available to anyone with access to the internet. In accordance with Vaccine 

Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the 

disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is required to post it on the United States Court of Federal Claims' website in 

accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management 

and Promotion of Electronic Government Services). 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
has determined that petitioner’s alleged injury is consistent with a 

Shoulder Injury Related to Vaccine Administration (“SIRVA”) that was 

caused by the administration of petitioner’s vaccination. Additionally, DICP 

did not identify any other cause for petitioner’s shoulder injury, and the 

medical records outlined above demonstrate that she suffered the residual 

effects of her condition for more than six months. Therefore, based on the 

record as it now stands, petitioner has satisfied all legal prerequisites for

compensation under the Vaccine Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 

42 U.S.C. § 300aa-11(c)(1)(D)(i).

Id. at 4.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master
OVERSEAS PRIVATE INVESTMENT CORPORATION

WASHINGTON, D.C. 20527, U.S.A.

OFFICE OF THE
PRESIDENT

F. William Manker
President

Frank W. Manker
Wholesale Grower, Inc.
355 South Country Road
East Patchogue

N.Y. 11772

By Federal Express
March 12, 1996

Re: Rosas de Andre S.A./Andre Greenhouses, Inc.
Insurance Claim - Insurance Contract No. A038.
&
Dear Mr. Manker:

In full settlement of Andre Greenhouses, Inc.’s claim under Contract
No. A038 (Coverage F - War/Revolution/Insurrection/Civil Strife),
and subject to receipt of an executed copy of the attached
Certificate, Assignment and Release, the Overseas Private Investment
Corporation hereby agrees to make to Andre Greenhouses, Inc. a
payment of US $21,000.

Very truly yours,

OVERSEAS PRIV. ESTMENT CORPORATION

Ruth R. Harkin

Tele: President and Chief Executive Officer

Accepted and Agreed:
ANDRE GREENHOUSES, INC.

envde. WL.

F, William Manker
Pele: President

1100 NEW YORK AVE., N. W. - WASHINGTON, D. C. 20527 * FAX (202) 408-9859 - (202) 336-8400
Consent of Independent Auditors


The Board of Directors and Stockholders
Spectrian Corporation:

         We consent to incorporation by reference in the registration statements
(Nos.  033-83832,   333-01046,   333-06385,   333-25435,  333-38561,  333-49081,
333-53079, 333-59905, 333-61085, 333-84827, 333-44046 and 333-58066) on Form S-8
of  Spectrian  Corporation  of our report  dated  April 29,  1999,  relating  to
consolidated  statements of operations,  stockholders' equity, and cash flows of
Spectrian  Corporation and  subsidiaries  for the year ended March 31, 1999, and
related financial statement schedule, which report appears in the March 31, 2001
annual report on Form 10-K of Spectrian Corporation.

                                                         KPMG LLP

Mountain View, California
June 1, 2001
**EXHIBIT 32**

 

November 14, 2011

 

Via EDGAR

Securities and Exchange Commission

Judiciary Plaza

450 Fifth Street, N.W.

Washington, D.C. 20549

 

Re:       Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

 

Ladies and Gentlemen:

 

In connection with the Quarterly Report of VOC Energy Trust (the “Trust”) on Form 10-Q for the quarterly period ended September 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:

 

(1)          The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2)          The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.

 

The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Form 10-Q or as a separate disclosure document.

 
|   | The   Bank of New York Mellon Trust Company, N.A. |
|--------|---------------------------------------------------|
|   | Trustee   for VOC Energy Trust                    |
|   |                                              |
|   |                                              |
|   | By:                                               | /s/   Mike Ulrich |
|   |                                              | Mike   Ulrich |
|   |                                              | Vice   President and Trust Officer |

 

----
Exhibit 31.2

                                 CERTIFICATIONS

I, Patricia Giuliani-Rheaume, certify that

1. I have reviewed this annual report on Form 10-KSB of  clickNsettle.com,  Inc.
(the "registrant");

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact  necessary to make the statements
made, in light of the  circumstances  under which such statements were made, not
misleading with respect to the period covered by this report;

3.  Based  on  my  knowledge,  the  financial  statements  and  other  financial
information included in this report, fairly present in all material respects the
financial  condition,  results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4.  The  registrant's  other  certifying  officer  and  I  are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure  controls and procedures,  or caused such disclosure
controls and  procedures to be designed  under our  supervision,  to ensure that
material  information  relating to the  registrant,  including its  consolidated
subsidiaries, is made known to us by others within those entities,  particularly
during the period in which this report is being prepared;

b) evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures and presented in this report our conclusions  about the effectiveness
of the disclosure  controls and procedures,  as of the end of the period covered
by this report based on such evaluation; and

c) disclosed in this report any change in the registrant's internal control over
financial  reporting that occurred during the registrant's fourth fiscal quarter
that has materially affected,  or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed,  based on our
most recent  evaluation of internal  control over  financial  reporting,  to the
registrant's  auditors  and the audit  committee  of the  registrant's  board of
directors (or persons performing the equivalent functions):

(a)   All  significant  deficiencies  in the  design or  operation  of  internal
      control over financial  reporting which are reasonably likely to adversely
      affect the registrant's ability to record,  process,  summarize and report
      financial information; and

(b)   Any fraud,  whether or not  material,  that  involves  management or other
      employees who have a significant role in the registrant's internal control
      over financial reporting.

Date:  September 18, 2006

/s/ Patricia Giuliani-Rheaume
------------------------------------
Patricia Giuliani-Rheaume - Vice President, Chief Financial Officer
and Treasurer
EXHIBIT 32.01











CERTIFICATION OF PRESIDENT 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 Annual Report of Morgan Stanley Smith Barney Spectrum Global Balanced L.P. (the “Partnership”) on Form 10-K for the period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Walter Davis, President of Demeter Management LLC, the general partner of the Partnership, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:




(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 results of operations of the Partnership.



















By:             /s         Walter Davis





Name:                    Walter Davis


Title:                      President of Demeter Management LLC,


general partner of the registrant





Date:                      March 26, 2010
# C_2015418EN.01001601.xml

| 16.12.2015 | EN | Official Journal of the European Union | C 418/16 |
| --- | --- | --- | --- |

16.12.2015

EN

Official Journal of the European Union

C 418/16

---

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Public service obligations in respect of scheduled air services

(2015/C 418/08)

| Member State | Spain |
| --- | --- |
| Route concerned | Gran Canaria — Tenerife Sur
  Gran Canaria — El Hierro
  Tenerife Norte — La Gomera
  Gran Canaria — La Gomera |
| Reopening date of the PSO routes to community air carriers | 1.8.2016 |
| Address where the text and any other information or documentation related to the public service obligations can be obtained. | Ministerio de Fomento |
| Dirección General de Aviación Civil |
| Subdirección General de Transporte Aéreo |
| Paseo de la Castellana 67 |
| 28071 Madrid |
| ESPAÑA |
| Tel. +34 915977505 |
| Fax: +34 915978643 |
| E-mail: osp.dgac@fomento.es |

Member State

Spain

Route concerned

Gran Canaria — Tenerife Sur

Gran Canaria — El Hierro

Tenerife Norte — La Gomera

Gran Canaria — La Gomera

Reopening date of the PSO routes to community air carriers

1.8.2016

Address where the text and any other information or documentation related to the public service obligations can be obtained.

Ministerio de Fomento

Dirección General de Aviación Civil

Subdirección General de Transporte Aéreo

Paseo de la Castellana 67

28071 Madrid

ESPAÑA

Tel. +34 915977505

Fax: +34 915978643

E-mail: osp.dgac@fomento.es

The routes subject to public service obligations may be operated on the basis of free competition access as from 1 August 2016. If within a period of 15 calendar days following the date of publication of this notice in the Official Journal of the European Union, no air carrier submits a programme of services compliant with the public service obligations imposed, access will be restricted to a single air carrier through the corresponding public tender procedure, in accordance with Article 16(9) of Regulation (EC) No 1008/2008.

Official Journal of the European Union

---