alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.1


 


This exhibit reflects an amendment to the IBM
401(k) Plus Plan to incorporate changes that are required to be made to
maintain the qualified status of the plan under the Internal Revenue Code.


 


IBM 401(K) PLUS PLAN


(as Amended and Restated as of January 1, 2008)


 


AMENDMENT
No. 3


 


Instrument
of Amendment


 


Recitals:


 


International Business
Machines Corporation (“IBM”) has established and maintains the IBM 401(k) Plus
Plan (the “Plan”), a qualified retirement plan that meets the requirements of Section 401(a) of
the Internal Revenue Code (the “Code”) and that includes a cash or deferred
arrangement within the meaning of Section 401(k) of the Code.


 


In accordance with Section 13.01
of the Plan, IBM has reserved the right to amend the Plan at any time and
from time to time.


 


In accordance with Section 13.01
of the Plan, the Plan Administrator is authorized to adopt amendments to the
Plan that are necessary to maintain the tax-qualified status of the Plan.


 


IBM amended and restated the
Plan, effective as of January 1, 2008.


 


IBM has determined to amend
the Plan, as heretofore restated, in the manner set forth in this Instrument of
Amendment, to be effective as specified herein.


 


Amendment:


 


1.  Section 1.15
is amended, effective January 1, 2008, by inserting immediately after the
first sentence of Section 1.15, the following new sentence:


 


“Notwithstanding the
foregoing, deal team payments and significant signings bonuses paid to
Non-Executives during the period commencing January 1, 2008 and ending on March 31,
2008, shall be deemed to be Compensation for the Plan.  Any significant signings bonuses or deal team
payments paid after the end of such period shall not be considered Compensation
under the Plan.”


 


2.  Section 8.01(b) is
amended, effective August 1, 2008, by adding after the first sentence of Section 8.01(b),
the following new sentence:


 


“The preceding sentence
shall not apply with respect to any withdrawal made during the period beginning
August 1, 2008, and ending April 27, 2009, that is distributed from
the Participant’s Before-Tax Deferral Account only or from the Participant’s
Roth Contributions Account only.”


 

















 


3.  Section 8.02(e) is
amended, effective January 1, 2008, by adding after the first sentence of Section 8.02(e),
the following new sentence:


 


“The preceding sentence
shall not prohibit any Hardship withdrawal made during the period beginning January 1,
2008, and ending June 8, 2009, unless the Hardship withdrawal would
include Deferred Cash Contributions.”


 


4.  Section 10.04(a)(i) is
modified, effective August 1, 2008, to read as follows:


 


“no
Participant may take more than 4 withdrawals from his Account in any Plan Year
(except with respect to any withdrawal made during the period beginning August 1,
2008, and ending April 27, 2009, that is distributed from the Participant’s
Before-Tax Deferral Account only or from the Participant’s Roth Contributions
Account only); and”
`Exhibit 99.1

 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER OR PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


     In  connection  with the  accompanying  Quarterly  Report  on Form  10-Q of
Indiantown  Cogeneration,  L.P. and Indiantown  Cogeneration Funding Corporation
for the  quarter  ended  June 30,  2002,  I, P.  Chrisman  Iribe,  President  of
Indiantown  Cogeneration,  L.P. and Indiantown Cogeneration Funding Corporation,
hereby certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
the  Sarbanes-Oxley  Act of  2002,  to the  best  of my  knowledge  and  belief,
that:


(1)  such  Quarterly  Report on Form 10-Q for the  quarter  ended June 30,  2002
     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 such  Quarterly  Report on Form 10-Q for the
     quarter ended June 30, 2002 fairly presents, in all material respects,  the
     financial  condition and results of operations of Indiantown  Cogeneration,
     L.P. and Indiantown Cogeneration Funding Corporation.


August 14, 2002                  /s/ P. Chrisman Iribe
                                 ---------------------
                                 P. Chrisman Iribe
                                 President
                                 Indiantown Cogeneration, L.P.
                                 Indiantown Cogeneration Funding Corporation`
Page 1 of 1

Occupational Safety And Health Review Commission

Commissioners’ Monthly Docket Report at Close of Business on April 30, 2019

DOCKET

NUMBER

RESPONDENT'S

NAME

DOCKETED TYPE* BRIEFING

NOTICE 

DATE

BRIEFING 

STATUS

COMMISSIONER 

NOT 

PARTICIPATING

1 14-1688

Science Applications 

International Corp., 

d/b/a SAIC

06/23/16 DFR 10/31/16 Closed

2 15-1121 Clean Fuels of 

Indiana, Inc. 06/30/16 DFR 11/09/16 Closed

3 14-1268 Dover High 

Performance Plastics 07/19/16 DFR 11/01/16 Closed

4 15-1347 Gate Precast Co. 11/10/16 DFR 12/05/16 Closed

5 16-1533

Cooper/T. Smith 

Corporation, d/b/a 

Blakeley Boatworks, 

Inc.

04/27/17 DFR 04/27/17 Closed

6 16-0803

The Lane 

Construction 

Corporation

05/23/17 DFR 09/14/17 Closed

7 16-1167 Aerospace Testing 

Alliance 08/22/17 DFR 11/20/17 Closed

8 15-1069 Healy Tibbitts 

Builders, Inc. 10/27/17 DFR 11/13/17 Closed

9 16-0940 Angel Brothers 

Enterprises, Ltd. 11/17/17 DFR 12/15/17 Closed

10 17-0190 Shelly & Sands, Inc. 05/02/18 DFR 05/10/18 Closed

11 15-1574

MasTec North 

America dba MasTec 

Advanced 

Technologies, Inc.

06/20/18 DFR 07/10/18 Open

12 17-0949 Walmart, Inc. 07/12/18 DFR 08/09/18 Closed

13 16-1587 TNT Crane & 

Rigging, Inc. 10/16/18 DFR 10/30/18 Closed

14 17-1214 Mansfield Industrial, 

Inc. 11/23/18 DFR 01/03/19 Open

15 17-0483 Ceco Concrete 

Construction, LLC 11/28/18 DFR 12/19/18 Closed

16 16-1628 Schaad Detective 

Agency, Inc. 12/18/18 DFR 01/07/19 Closed

17 17-1174 Wayne Farms, LLC 03/01/19 DFR 03/21/19 Open

18 17-2144 Tampa Electric 

Company 04/09/19 DFR 04/23/19 Open

*DFR – Direction For Review

 REM – Appellate Remand

 INT REV – Interlocutory Review
Exhibit 32.1


                    CERTIFICATION OF CEO AND CFO 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 on Form 10-Q of Building Materials
Corporation of America (the "Company") for the quarterly period ended October 1,
2006 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), Robert B. Tafaro, as President and Chief Executive Officer of
the Company, and John F. Rebele, as Senior Vice President, Chief Financial
Officer and Chief Administrative Officer of the Company, each hereby certifies,
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 his knowledge and belief:


      (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 Company.


   /s/ Robert B. Tafaro
----------------------------------
Name:  Robert B. Tafaro
Title: President and Chief Executive Officer

Date:  November 15, 2006






   /s/ John F. Rebele
----------------------------------
Name:  John F. Rebele
Title: Senior Vice President,
       Chief Financial Officer
       and Chief Administrative Officer

Date:  November 15, 2006



           This certification accompanies the Report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
1 Pursuant to 5 TH C IR

. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5 TH C IR

.

R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

June 3, 2004

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-60486

Summary Calendar

POALA MILAND LENIS-GUZMAN,

Petitioner,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

Respondent.

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

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A76 312 711

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

Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM: 1

Poala Miland Lenis-Guzman requests review of the May 16, 2003,

denial by the Board of Immigration Appeals (BIA) of her motion to

reopen based upon changed conditions in Colombia. She argues that

there was substantial evidence before the Immigration Judge (IJ) to

support a finding that she suffered past persecution and had a

well-founded fear of future persecution by a guerrilla group in

Colombia based upon her membership in a particular social gr oup,

namely the group of upper middle-class Colombians who have been2

bribed and threatened by guerilla groups because of their

socioeconomic status. She argues that, when she filed her

application for asylum, the Stat e Department had taken the view

that guerilla groups in Colombia were fragmented with little

organized cooperation. S he states that, by 2003, when she filed

her motion to reopen, the State Department reported the breakdown

of the peace process between the Colombian government a nd the

guerrillas. S he asserts that, based upon this new evidence, the

BIA erred in denying her motion to reopen.

Because Lenis did not file a petition for review within 30

days of the BIA’s December 11, 2002, final order, denying her

applications for asylum and withholding of removal, we do not have

jurisdiction to review that order. S ee Karimian-Kaklak i v. INS

,

997 F.2d 108, 111 (5th Cir. 1993).

Lenis’ motion to reopen and the att ached document from the

State Department did not demonstrate a particularized connection

between the feared persecution and her race, religion, nationality,

membership in a particular social group, or political opinion. S ee

Faddo ul v. INS , 37 F.3d 185, 188 (5th Cir. 1994). This was an

explicit basis for the IJ’s decision, denying her application for

asylum. As she failed to address one of the grounds by the IJ for

denying her asylum application, she did not show that her case

warranted reopening. A ccordingly, Lenis has not shown that the BIA

abused its discretion in denying her motion to reopen. S ee INS v.3

Doherty , 502 U.S. 314, 322 (1992); see also 8 C.F.R. § 1003.2(a).

Her petition for review is therefore DENIED.
Qualquer um pode se tornar vítima de tráfico 

de trabalho. 

Se você foi induzido, recrutado ou transportado para 

trabalho, serviços ou sexo comercial por alguém que 

utilizou força, fraude ou coerção, isso é tráfico humano.

Alvos do tráfico de trabalho: trabalhadores informais, 

temporários estrangeiros, usuários de substâncias, pessoas 

em sofrimento psíquico, desabrigados ou jovens de rua e 

indivíduos enfrentando dificuldades econômicas.

Sinais de tráfico de trabalho:

• usa força, fraude, promessas ou controle psicológico

• te força a fazer longas jornadas ou trabalho perigoso

• te paga muito pouco ou nada, retém seus pagamentos

• pode ameaçar você ou seus entes queridos

• controla sua mobilidade, moradia, acesso ao dinheiro ou 

com quem você pode conversar, e 

• confisca seus documentos ou passaporte.

Tráfico de trabalho é mais comum em trabalho agrícola ou 

rural, construção, pesca, paisagismo, hotéis, restaurantes e 

trabalho doméstico. 

Se você ou algum conhecido está em ambiente 

suspeito de tráfico de trabalho ou sexual, ligue 911.

Você ou alguém de confiança pode também chamar a Hotline 

Nacional de Tráfico Humano em 1-888-373-7888; enviar 

”BeFree” (233733); ou LiveChat humantraffickinghotline.org.

IDENTIFICANDO & REPORTANDO 

osha.gov/workers

OSHA 4345-08 2023 | Portuguese

TRÁFICO DE 

TRABALHO

Administração de 

Segurança e Saúde 

Ocupacional
```

[Congressional Record Volume 154, Number 176 (Wednesday, November 19, 2008)]
[Extensions of Remarks]
[Pages E2255-E2256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    CONGRESSIONAL RECOGNITION FOR MEMBERS OF THE ACADEMY NOMINATING 
                               COMMITTEE

                                 ______
                                 

                        HON. GABRIELLE GIFFORDS

                               of arizona

                    in the house of representatives

                      Wednesday, November 19, 2008

  Ms. GIFFORDS. Madam Speaker, I rise today to pay tribute to the men 
and women of Arizona's 8th Congressional District who for the past two 
years have served as members of my Military Academy Nominating 
Committee.
  These 23 dedicated citizens have played an invaluable role in 
assisting me with one of my most important duties as a member of the 
House of Representatives: nominating young men and women for admission 
into our nation's military service academies.
  As a result of this committee's wise counsel and careful 
consideration, in my first year I nominated 24 constituents for 
admission to the U.S. Military, Naval, Air Force and Merchant Marine 
academies.
  Committee members spent countless hours reviewing applications, 
interviewing students and drafting their recommendations for nomination 
to the academies. Their singular goal was to make sure that the best 
and brightest students received a nomination.
  My Military Academy Nominating Committee members are:

[[Page E2256]]

  Ellen Ackerman, Jim Ackerman, Steve Alexander, Terri Allaire, 
Adalberto Araiza, Larry Bahill, Bill Benedict, Dan Cavanagh, Ed 
Cerutti, Mike Crawford, Mimi Finch, Bruce Greenberg, Doug Kliman, 
Robert Nichols, Chris Palmenberg, Bob Parson, Larry Putman, Joe 
Sciabarra, Burney Starks, Bob Strain, Tim Timmins, Paul Weishaupt, and 
Jessica Woelbling.
  I commend them for their commitment to this important nominating 
process and for their help in identifying the United States military 
leaders of the future.

                          ____________________
```
# Official Journal C 22A/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2012.022.eng |
| --- | --- |
| Official Journal
  of the European Union | C 22A |
| | |
| English edition | Information and Notices | Volume 5527 January 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2012.022.eng

Official Journal

of the European Union

C 22A

English edition

Information and Notices

Volume 5527 January 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2012/C 022A/01 | Reserve list — Open competition EPSO/AD/205/10 — Administrators (AD 7) | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2012/C 022A/01

Reserve list — Open competition EPSO/AD/205/10 — Administrators (AD 7)

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 8 | (DA/EL/HU/IT/MT/PL) |
| --- | --- |
| 10 | |
| 17 | (LT) |
| 20 | (EN) |
| 22 | (DE/EN/FR) |

8

(DA/EL/HU/IT/MT/PL)

10

17

(LT)

20

(EN)

22

(DE/EN/FR)

| EN | |
| --- | --- |

EN
```

[Congressional Record Volume 154, Number 160 (Thursday, October 2, 2008)]
[Extensions of Remarks]
[Page E2210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                    IN HONOR OF TAIWAN NATIONAL DAY

                                 ______
                                 

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                       Thursday, October 2, 2008

  Mr. BERMAN. Madam Speaker, I rise in order to celebrate with the 
Taiwanese on their National Day.
  This year, the Taiwanese people demonstrated to the world during 
their most recent Presidential election with a clear, ringing voice of 
freedom that they are a democratic people and a beacon of democracy to 
Asia and the world.
  The peaceful transfer of power between Presidents stood as a reminder 
that Taiwan is an important ally to the United States as they exemplify 
to that region democracy and rule of the people. Today, as the newly 
elected President Ma prepares to celebrate with his people, Taiwan's 
National Day serves as a reminder that all who share the ideals of 
liberty enjoy the bonds of friendship and peace.
  Please join with me in congratulating Taiwan, both our friend and 
ally, and on their National Day.

                          ____________________
```
**EXHIBIT 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**AMERCOReno, NV     We hereby consent to the incorporation by reference in theRegistration Statements on Form S-3 (no. 333-10119,333-73357, 333-48396 and 33-56571) of AMERCO and consolidatedentities of our reports dated June 13, 2005, relating tothe consolidated financial statements and financial statementschedules, and the effectiveness of AMERCO and itssubsidiaries’ internal control over financial reportingappearing in the Company’s Annual Report on Form 10-Kfor the year ended March 31, 2005.     /s/ BDO Seidman, LLP Los Angeles, CaliforniaJune 20, 2005
##### 



1.
    
    I have reviewed this quarterly report on Form 10-QSB of Cecil Bancorp, Inc.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; and3.
    
    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 small business issuer as of, and for, the periods presented
in this report.4.
    
    The small business issuer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 small business issuer 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 small business issuer, 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 small business issuer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
upon such evaluation; andc) Disclosed in this report any change in the small business issuers internal control over
financial reporting that occurred during the small business issuers most recent fiscal
quarter that has materially affected, or is reasonably likely to materially affect, the
small business issuers internal control over financial reporting; and5.
    
    The small business issuers other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the small business issuers
auditors and the audit committee of the small business issuers board of directors (or persons
performing the equivalent function):a) All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the small business issuers ability to record, process, summarize and report financial
information; andb) Any fraud, whether or not material, that involves management or other employees who have
a significant role in the small business issuers internal control over financial reporting.
  /s/ Robert Lee WhiteheadRobert Lee WhiteheadVice President and Chief Financial Officer
(Principal Financial Officer) 22
United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3457


SECRETARY OF LABOR,

	Complainant,

		v.

HOME RUBBER COMPANY, LP,

	Respondent.



OSHRC Docket No. 17-0138

BRIEFING NOTICE
	The parties are requested to brief the following issues raised in Respondent’s petition for discretionary review:
(1) Did the judge err in characterizing the violations affirmed under Willful Citation 2, Items 1a and 1b (29 C.F.R. § 1910.95(g)(5)(i) (baseline audiogram) and 29 C.F.R. § 1910.95(g)(6) (annual audiogram)) as willful?

(2) Did the judge err in affirming the violations alleged under the following citation items?
a. Serious Citation 1, Item 5 – 29 C.F.R. § 1910.147(c)(6)(i) (periodic inspection of energy control procedure);
b. Serious Citation 1, Item 9 – 29 C.F.R. § 1910.178(l)(4)(iii) (evaluation of powered industrial truck operator’s performance);
c. Serious Citation 1, Item 13 – 29 C.F.R. § 1910.219(i)(2) (covering of bolts that extend beyond flange of shaft coupling);
d. Serious Citation 1, Items 15a, 15b, 15c, and 15d – 29 C.F.R. § 1910.303(b)(2) (installation and use of electrical equipment), 29 C.F.R. § 1910.303(b)(7)(iv) (no damaged parts that may adversely affect safe operation or mechanical strength of electrical equipment), 29 C.F.R. § 1910.305(b)(1)(ii) (effective closure of unused openings in electrical boxes), and 29 C.F.R. § 1910.305(b)(2)(i) (covering of outlet box); and
e. Serious Citation 1, Item 18 – 29 C.F.R. § 1910.1030(f)(2)(i) (Hepatitis B vaccination).
The parties are advised that when a case is directed for review to consider either the merits or characterization of an item, the appropriateness of the penalty is also subject to review.  Accordingly, the parties may address the amount of the penalty if they so choose.
All briefs are to be filed in accordance with Commission Rule 93.[1]  The first brief is to be filed within 40 days of this notice.  A party not intending to file a brief shall notify the Commission in writing within the applicable time for filing briefs, and shall serve a copy on all other parties.  The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service.


BY DIRECTION OF THE COMMISSION



Dated:	November 4, 2019			/s/					
John X. Cerveny
Executive Secretary

---------------------------
[1]
 The Commission requests that all briefs include an alphabetical table of authorities with references to the pages on which they are cited, and that an asterisk be placed in the left-hand margin of the table to indicate those authorities on which the brief principally relies.  The Commission also requests that copies of cited authority, other than statutes, regulations, case law, law journal articles, and legal treatises, be provided to the Commission and to the opposing party.  Parties should be cautioned that these materials will be considered only if appropriate.