alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Linda J. Maslowski et al., Plaintiffs, v H.J. Kalikow & Co., Inc., et al., Appellants, and City of New York, Respondent, et al., Defendants. (And a Third-Party Action.)

Order, Supreme Court, New York County (Ira Gammerman, J.), entered January 22, 1990, which granted defendant City of New York’s posttrial motion to set aside a jury verdict against it apportioning liability between the city and the "Kalikow” defendants 25% and 75%, respectively, and dismissing all claims against the city, unanimously affirmed, without costs.

On August 15, 1984, during a parade for Olympic athletes, a "sidewalk bridge”, which had been erected by the Kalikow *266defendants in order to prevent construction debris from falling on the sidewalk from premises controlled by them, collapsed onto numerous spectators from the weight of persons who had climbed onto the "sidewalk bridge” to watch the parade. The plaintiffs, who were injured during this mishap, sought recovery against the city and the Kalikow defendants for failing to prevent the accident.

The jury found the Kalikow defendants 75% liable for failing to arrange appropriate security for the bridge, for failing to secure the access points to the bridge, and in advising police officers that its employees would keep the bridge clear. The city’s Police Department was found 25% liable for failing to prevent unauthorized people from going on to the bridge. In a posttrial order, however, all claims against the city were dismissed as neither the plaintiffs nor the Kalikow defendants had demonstrated the existence of a "special relationship” with the city.

A municipality may be held liable for its negligent failure to provide adequate police protection only where a promise of protection gives rise to a special duty on the part of the municipality. *(Logan v City of New York,*148 AD2d 167.) All that was proven here is that certain spectators were directed by police officers to stand on a portion of a sidewalk under the pedestrian bridge, which does not give rise to a "special relationship”, as the direction did not amount to a promise of safety. *(See, Labriola v City of New York,*129 AD2d 505, *lv denied*70 NY2d 604.) Also, the fact that the city had a security plan in effect for the parade did not create a special relationship between plaintiffs, Kalikow and the city, as the security plan was designed to protect all spectators, and not any person in particular. *(See, Vitale v City of New York,*60 NY2d 861.) Moreover, there was no evidence that Kalikow was contacted by the municipality’s agents or relied on any assurances of assistance. *Rotz v City of New York*(143 AD2d 301) is not apposite since that case involved the city’s obligation in its proprietary capacity as the owner and operator of a public park to those invited to enter the park. Concur — Sullivan, J. P., Milonas, Rosenberger, Ellerin and Rubin, JJ.
Exhibit 10.1: Engagement Letter - Jefferson Thachuk (5/15/2007).





Exhibit 10.1

Jeff Thachuk

1120 Martin St.

White Rock, BC

V4B 3V7

May 15, 2007



InsightfulMind Learning, Inc.

#300 – 1055 W. Hastings St.

Vancouver, BC

V6E 2E9



Re: Letter of Engagement



Dear Board of Directors:

This letter is to confirm my understanding of the terms and objectives of my engagement as Chief Executive Officer of InsightfulMind Learning, Inc. (the “Corporation”).

Since the Corporation’s inception, as Chief Executive Officer, I have been responsible for the general design and development of the business, including business direction, and all editorial work. I shall continue with this responsibility. Additionally, since inception, I have been responsible for the overall administration of the Corporation, and I shall continue with this responsibility as well.

I report directly to the Board of Directors, and submit to them, for their review and approval, designs and plans covering all aspects of the Corporation’s business direction and development, as well as its administration.

As Chief Executive Officer, I dedicate approximately 10 hours per week to the business of the Corporation, and shall continue to do so. As part of the Corporation’s recently adopted Internal Control Plan, on a monthly basis, I submit to the Board of Directors, for their review and approval, summaries and details of the time I spend performing my duties.

The compensation I receive to serve as Chief Executive Officer is a salary of CDN $3,000 per month. I agree to the accrual of this salary until the Board of Directors determines otherwise.

Sincerely,



JEFF THACHUK

Jeff Thachuk

Chief Executive Officer

InsightfulMind Learning, Inc.

 






ACCEPTED by the Board of Directors of InsightfulMind Learning, Inc., June 15, 2007:

 

	JEFF THACHUK  	RAVEN KOPELMAN  
	Jeff Thachuk  	Raven Kopelman  


 



 

	KEN BOGAS  	DAVE HOLMES  
	Ken Bogas  	Dave Holmes
Exhibit 10.3.3


Ratification and Extension Agreement


          THIS Agreement is made and entered into
this 10th day of October, 2008, by and between Millennium Group Worldwide
Incorporated, a Florida corporation with its principal place of business at
2825 N. 10th Street, St. Augustine, Florida 32084 (“MGW”), and Prism
Real Estate, Inc., a Minnesota corporation with a principal place of business
at 6465 Wayzata Boulevard, Suite 304 Minneapolis, MN 55426 (hereinafter
referred to as “Prism”).


          WHEREAS,
MGW have entered into a Joint Venture agreement dated May 11, 2007 (the “Prior
Joint Venture Agreement”); 


          WHEREAS,
the Prior Joint Venture Agreement Addendum (at Section Now, Therefore Paragraph
2) was conditioned upon MGW obtaining adequate funding under its Form S-1
Registration, such period of time having already expired as a function of the
registration and review process;    


          WHEREAS,
both MGW and Prism wish to ratify the Prior Joint Venture Agreement Addendum
and extend the period that will satisfy the Section Now, Therefore Paragraph 2
(c) condition as to timing. 


          NOW,
THEREFORE, the parties agree as follows:


	
 

	
 

	
 


	
 

	
1.

	
MGW and
  Prism hereby ratify the Prior Joint Venture Agreement in all respects; 


	
 

	
 

	
 


	
 

	
2.

	
Section Now,
  Therefore Paragraph 2 (c) relating to timing of funding is extended to no
  later than December 31, 2008, or immediately after the appropriate funding is
  available from the offering; and 


	
 

	
 

	
 


	
 

	
3.

	
This
  Agreement, together with the Prior Joint Venture Agreement and Amendments as
  hereby incorporated by reference, constitutes the entire understanding
  between the parties relating to the subject matter hereof, and no amendment
  or modification to this Agreement shall be valid or binding upon the parties
  unless made in writing and signed by each party.





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







MILLENNIUM GROUP WORLD INCORPORATED 


	
 

	
 


	
/s/ Julius
  Jackson, Sr

	
 


	


	
 


	
Julius Jackson, Sr, President

	
 





PRISM REAL ESTATE, INC.


	
 

	
 


	
/s/ Timothy
  J. Oliver

	
 


	


	
 


	
Timothy J.
  Oliver, President

	
 





MILLENNIUM GROUP WORLD INCORPORATED
<PAGE>

                                                                      EXHIBIT 11

                        PERITUS SOFTWARE SERVICES, INC.

             STATEMENT RE COMPUTATION OF NET LOSS PER COMMON SHARE
                     (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                              Three Months Ended           SIX MONTHS ENDED
                                                          --------------------------  --------------------------
                                                                   JUNE 30,                    JUNE 30,
                                                          --------------------------  --------------------------
                                                              1999          1998          1999          1998
                                                          ------------  ------------  ------------  ------------
<S>                                                       <C>           <C>           <C>           <C>
Net loss, as reported....................................     $  (528)      $(1,839)      $(2,487)      $(5,197)
Net loss attributable to common stockholders.............     $  (528)      $(1,839)      $(2,487)      $(5,197)
                                                              -------       -------       -------       -------
Weighted average shares outstanding-Basic and Diluted....      16,381        16,179        16,363        16,082
Net loss per share:
  Basic..................................................     $ (0.03)      $ (0.11)      $ (0.15)      $ (0.32)
                                                              =======       =======       =======       =======
  Diluted................................................     $ (0.03)      $ (0.11)      $ (0.15)      $ (0.32)
                                                              =======       =======       =======       =======
</TABLE>
<TABLE> <S> <C>

<ARTICLE>                              5

<S>                                    <C>
<PERIOD-TYPE>                          YEAR
<FISCAL-YEAR-END>                      SEP-30-1997
<PERIOD-START>                         OCT-01-1996
<PERIOD-END>                           SEP-30-1997
<CASH>                                           0
<SECURITIES>                                     0
<RECEIVABLES>                                    0
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                                 0
<PP&E>                                     600,000
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                             600,000
<CURRENT-LIABILITIES>                            0
<BONDS>                                          0
<COMMON>                                     6,001
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                               1,902,546
<TOTAL-LIABILITY-AND-EQUITY>               600,000
<SALES>                                          0
<TOTAL-REVENUES>                                 0
<CGS>                                            0
<TOTAL-COSTS>                               90,131
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                            (90,131)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               (90,131)
<EPS-BASIC>                                 (.02)
<EPS-DILUTED>                                 (.02)



</TABLE>
[Federal Register Volume 65, Number 238 (Monday, December 11, 2000)]
[Notices]
[Page 77382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31374]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1349-DR]


Oklahoma; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Oklahoma, (FEMA-1349-DR), dated November 27, 2000, and related 
determinations.

EFFECTIVE DATE: December 4, 2000.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3772.

SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State 
of Oklahoma is hereby amended to include the following areas among 
those areas determined to have been adversely affected by the 
catastrophe declared a major disaster by the President in his 
declaration of November 27, 2000:

Carter, Comanche, and Tillman Counties for Individual Assistance 
(already designated for Public Assistance).


(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program.)
Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 00-31374 Filed 12-8-00; 8:45 am]
BILLING CODE 6718-02-P
#### Donna L. Rotondi et al., Appellants, v Elmer R. Horning, Respondent.

Order unanimously reversed on the law with costs, motion granted and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: Supreme Court abused its discretion by denying plaintiffs’ application for leave to renew a motion for summary judgment. Plaintiff Donna Rotondi, during the pendency of a motion for summary judgment, consulted with an orthopedic surgeon regarding back and neck injuries suffered in an automobile accident. Diagnostic studies were performed which revealed a bulging disc. The physician’s report was not forwarded to Rotondi’s attorney, however, until 11 days after the court granted defendant’s motion for summary judgment, finding that she did not suffer a serious injury *(see,*Insurance Law § 5102 [d]). Plaintiffs then applied for leave to renew, submitting the affidavit of the orthopedic surgeon, medical exhibits, and the affidavit of Donna Rotondi and plaintiffs’ counsel in support of the application.

Leave to renew is the appropriate remedy where, as here, the existing material facts relating to a party’s physical condition were not known to plaintiffs or their counsel at the time of defendant’s motion but became known shortly thereafter *(see, Foley v Roche,*68 AD2d 558, 568). The physician’s affidavit, supported by medical exhibits, described Rotondi’s injuries and treatment, identified a restriction of movement of her back and neck, and based thereon, concluded that there was a permanent consequential limitation of a body organ or member and a significant limitation of use of a body function or system. The affidavit was sufficient for the denial of summary judgment *(see, Lopez v Senatore,*65 NY2d 1017, 1020), and leave to renew should have been granted. (Appeal from *945order of Supreme Court, Herkimer County, O’Donnell, J.— renew summary judgment.) Present — Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.
<PAGE>

The Board of Directors
Ross Systems, Inc.

We consent to incorporation by reference in the registration statements (File 
Nos. 33-42036, 33-48226, 33-56584, 33-56584, 33-72168, 33-89128, 333-36745 
and 333-44665) on Form S-8, and the registration statements (File Nos. 
33-89504, 333-19619, 333-06053, 333-44363 and 333-47877) on Form S-3, of Ross 
Systems, Inc. of our report dated August 18, 1995, except as to Note 14, 
which is as of September 18, 1996, relating to the consolidated statements of 
operations, shareholders' equity, and cash flows for the year ended June 30, 
1995 of Ross Systems, Inc. and subsidiaries, and the related schedule, which 
report appears in the June 30, 1997, annual report on Form 10-K of Ross 
Systems, Inc.

                                              KPMG Peat Marwick LLP

Mountain View, California
April 29, 1998
## UAV MISSION CHECK LIST

FLIGHT #: _____________ DATE: ___________ AIRCRAFT: __________________________ TEMP: ______ WIND SPEED/DIRECTION: _______/_______ CLOUD COVER: ______________

AERIAL WO RLD VIEW 0900006481bac99d **Mission Planning** Check environment:
o Nearest airport
o Weather forecast Wi nd direction and speed? Auto take off? Angle ___, Altitude ___ Check default altitude ___ Check altitude graph Check distance Check mission time Upload mission Download mission again an d check
**Pre -**  **Flight Checklist:** Check payload on Check UAV battery Check airspeed sensor clear Turn on transmitter
o Mode manual
o Power idle Check prop clear Power up UAV
o block airspeed sensor
o don't move UAV until elevator flicks 3 times Check telem etry Check 3D GPS fix Check altitude Check airspeed Perform compass calibration Check Home Location Check cruise speed Set hom e altitude to relative alt. Check moving surfaces [Manual] Check moving surfaces [Stabilize]
**Take -** **Off** Arm R/C Arm UAV Check prop thrust? Wi n d direction and speed Ta keoff flight path clear of obstacles? Mode auto Ch eck elevator (auto takeoff only) Launch against wind **Landing** Check home altitude Check cruise speed Check wind direction and speed


### Shut Down: Power idle Mode manual Disconnect Telemetry Power off UAV Power Off Transmitter
II 

115TH CONGRESS 

1ST SESSION S. 203 

To reaffirm that the Environmental Protection Agency may not regulate 

vehicles used solely for competition, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2017 

Mr. BURR (for himself, Mr. ROUNDS, Mr. RUBIO, Mr. TILLIS, Mr. CRAPO, 

Mr. HELLER, Mr. GRAHAM, Mr. BOOZMAN, Mr. MORAN, Mrs. ERNST, 

Mr. MANCHIN, Mr. INHOFE, Mrs. FISCHER, Mr. TESTER, and Mr. DONNELLY) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To reaffirm that the Environmental Protection Agency may 

not regulate vehicles used solely for competition, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recognizing the Pro5 tection of Motorsports Act of 2017’’ or the ‘‘RPM Act of 

6 2017’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•S 203 IS

1 SEC. 2. EXCLUSION FROM ANTI-TAMPERING PROVISIONS. 

2 Section 203(a) of the Clean Air Act (42 U.S.C. 

3 7522(a)) is amended by adding at the end the following: 

4 ‘‘No action with respect to any device or element of design 

5 described in paragraph (3) shall be treated as a prohibited 

6 act under that paragraph if the action is for the purpose 

7 of modifying a motor vehicle into a vehicle to be used sole8 ly for competition.’’. 

9 SEC. 3. DEFINITION OF MOTOR VEHICLE. 

10 Section 216(2) of the Clean Air Act (42 U.S.C. 

11 7550(2)) is amended— 

12 (1) by striking ‘‘(2) The term’’ and inserting 

13 the following: 

14 ‘‘(2) MOTOR VEHICLE.— 

15 ‘‘(A) IN GENERAL.—The term’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(B) EXCLUSION.—The term ‘motor vehi18 cle’ does not include a vehicle used solely for 

19 competition, including a vehicle used solely for 

20 competition that was converted from a motor 

21 vehicle.’’. 

22 SEC. 4. REGULATIONS. 

23 Not later than 1 year after the date of enactment 

24 of this Act, the Administrator of the Environmental ProVerDate Sep 11 2014 22:00 Feb 01, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S203.IS S203

asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•S 203 IS

1 tection Agency shall finalize any regulation necessary to 

2 implement the amendments made by this Act. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS
OITStaffJasonGlumac,ITManagerMattBelfoureJohnnyShinUpdated: 11/10/11GaryW.BaughmanDirectorHazardousMaterialsandWasteManagementDivisionWarrenSmithManager2705 CommunityInvolvementJeannineNattermanMarilynNullDebraShawFredDowsett(0.40)ComplianceAdvisor2705DaveSmithAdministrationProgramManager2710CrisPretkoChiefFiscalOfficer2710 Fiscal&AdministrativeServicesRainbowApodaca(0.50)AidaDiazLeonorNietoKarenVoglerJoeGarmatzChiefFiscalAnalyst2710 FinancialServicesJodiHeschCoordinator2710 HumanResource&TrainingServicesCrisPretko(Interim)Manager2710 InformationManagementAliceHuberDianaHuberKimLongPaulWillJoeSchieffelinSolid&HazardousWasteProgramManager2805MiraNeumillerUnitLeader2805 FinancialAssurance&DataMgmtJenniferHankeEnriqueMartinezShawnaMorganKathrynStewartUnitLeader2850 HazWasteComplianceAssuranceDerekBoerDavidFosterDanGoetzLillianGonzalez(0.60)AmyWilliamsBethWilliamsDougKnappeUnitLeader2810 HazardousWastePermittingJamesHindmanKevinMackeyMarianO'ConnorTanellRoberts(0.80)JaredTorstensonClaytonTrumpoltEdwardSmithUnitLeader2815 ComplianceCoordination&AssistanceKristineFigur(0.60)CarenJohannesKathyHotovecRandyPerilaWalterAvramenkoUnitLeader2860 HazardousWasteCorrectiveActionCharlesAdamsRobertBeierleColleenBrisnehanRickMruzCarlSprengDavidWalkerCharlesJohnsonSolidWasteProgramManager2830RogerDoakUnitLeader2830 PermittingUnitLarryBruskinDougEagletonDougIkenberryEricJacobsRobertPetersonJerryHendersonUnitLeader2830 SWComplianceAssuranceUnitDarrellDearbornJeffEmmonsBrianLongCindySmithVac.Pos.#1546(toEPSI‐Henderson)MaterialManagementGroup2830ShanaBakerNicholasBoudreauWolfKrayDavidSnappDanScheppersRemediationProgramManager2900ClaudetteFerrisAdministrativeSupport2900JohnAaronDanielHuse2900 Contracts&ProcurementDougJamisonUnitLeader2910 Superfund/VCRAUnitFondaApostolopoulosAustinBuckinghamCraigGanderMarkRudolphAlissaSchultzMonicaSheetsUnitLeader2920 FFRemediation&RestorationDebAndersonRolandClubbSusanNewtonLeePivonkaCurtisStovallJeffSwanson(0.60)KenVoglerTracieWhiteVac.Pos.#0059(EPSII‐Gaston)BarbaraNaborsUnitLeader2940 SuperfundPA/SIUnitMaryBoardmanSteveLaudemanJimLewisMartinO'GradyWendyNaugle(0.80)Vac.Pos.#1773(PSR/SII‐Jamison)MichaelCosbyKateElsberry2942 UmtraSteveTarltonRadiationControlProgramManager3200ChrystineKelleyCoordinator3210 RadonGrantsRobertBruceJamesJarvis3210 SpecialProjectsBrianVamvakiasUnitLeader3210 X‐RayCertificationJoyceGoldsboro(Vac.Pos.#1898‐11/25/11)ChristineIrvingSusanLebronErinWooddEdgarEthingtonVac.Pos.#0509(EPSII‐Egidi)3220 UraniumJenniferOpilaUnitLeader3220 RadiationManagementLindaBartishMeganBrownMarkDaterJamesDeWolfeChasEthertonJamesGricePhillipPetersonEdStroudVac.Pos.#1080(EPSI‐Chittum)