alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Notices]
[Page 28199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12854]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Consistent with 28 CFR Sec. 50.7, notice is hereby given that on 
April 17, 2001, a proposed consent decree (``Consent Decree'') in 
United States v. Black Mesa Pipeline, Inc.,, Civil Action No. CIV-01-
0681-PCT-EHC, was lodged with the United States District Court for the 
District of Arizona.
    The Consent Decree resolves claims that the United States asserted 
against Black Mesa in a civil complaint filed concurrently with the 
lodging of the Consent Decree. The complaint alleges violations of the 
Clean Water Act at the company's coal slurry pipeline that runs from 
Peabody Western Coal Co.'s Black Mesa Mine near Kayenta, Arizona to the 
Southern California Edison Co.'s Mohave Generating Station in Laughlin, 
Nevada. Specifically, the complaint alleges that there were seven 
discharges of coal slurry from the pipeline between 1997 and 1999, 
which discharges reached waters of the United States. The State of 
Arizona is a co-plaintiff.
    The Consent Decree requires defendant to pay a civil penalty of 
$128,000, plus interest. The payment will be split, with $79,000 being 
paid to the United States and $49,000 being paid to the State. The 
Consent Decree also requires defendant to implement a Preventative 
Measures Plan to prevent further spills and to continue to implement a 
Protocol for addressing spills should any occur.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Black Mesa Pipeline, Inc., Civil Action No. CIV-01-
0681-PCT-EHC, and D.J. Ref. 90-5-1-1-06803.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 4000 U.S. Courthouse, 230 North First Street, Phoenix, 
Arizona or at EPA Region 9, 75 Hawthorne Street, San Francisco, CA 
94105. A copy of the Consent Decree may be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611. In requesting a copy, please enclose a check 
in the amount of $8.00 (25 cents per page reproduction cost) payable to 
the Consent Decree Library.

Ellen M. Mahan,
Assistant Section Chief, Environmenal Enforcement Section.
[FR Doc. 01-12854 Filed 5-21-01; 8:45 am]
BILLING CODE 4410-15-M
**Exhibit99.4**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theAnnual Report of EnCana Corporation (the “Company”) on Form 40-F for theyear ended December 31, 2009, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Randall K. Eresman, President &Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that to the best of my knowledge:

 

1.            The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

2.            The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| By:                            | /s/  Randall K. Eresman                       |   |   |
|--------------------------------|-----------------------------------------------|--------|--------|
|                           | Randall  K. Eresman                           |   |
|                           | President &  Chief Executive Officer |   |
|                           |                                          |   |
| Dated:  February 18, 2010 |                                          |

 

----
# C_2020240EN.01000401.xml

| 20.7.2020 | EN | Official Journal of the European Union | C 240/4 |
| --- | --- | --- | --- |

20.7.2020

EN

Official Journal of the European Union

C 240/4

---

Judgment of the Court (Fifth Chamber) of 30 April 2020 — Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych v European Commission, Kingdom of Sweden, Republic of Poland

(Case C-560/18 P) (1)

(Appeal - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Article 4(2), third indent - Exceptions to the right of access - Exception relating to protection of the purpose of investigations - Documents concerning pending infringement proceedings - Detailed opinions issued in the course of a notification procedure under Directive 98/34/EC - Request for access - Refusal - Disclosure of documents requested in the course of the proceedings before the General Court of the European Union - Disclosure - Inadmissibility - Interest in bringing proceedings - Continuation)

(2020/C 240/05)

Language of the case: English

Parties

Appellant: Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych (represented by: P. Hoffman, adwokat)

Other parties to the proceedings: European Commission (represented by: M. Konstantinidis and A. Spina, acting as Agents), Kingdom of Sweden (represented by: C. Meyer-Seitz, A. Falk, H. Shev, J. Lundberg and H. Eklinder, acting as Agents), Republic of Poland (represented by: D. Lutostańska and M. Kamejsza-Kozłowska, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych to bear its own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych to bear its own costs and to pay those incurred by the European Commission;

| 3. | Orders the Kingdom of Sweden and the Republic of Poland to bear their own costs. |
| --- | --- |

3.

Orders the Kingdom of Sweden and the Republic of Poland to bear their own costs.

---

(1)  OJ C 112, 25.3.2019.

---
Case 1:07-cv-05564-AKH Document 25 Filed 11/09/2007 Page 1 of 2
Case 1:07-cv-05564-AKH Document 25 Filed 11/09/2007 Page 2 of 2
2011 Short Term Incentive Plan



 Exhibit 10.63 

On July 27, 2010 the Compensation Committee of our Board of Directors approved a short term incentive plan (the “2011
Plan”) for our 2011 fiscal year, to succeed the 2010 corporate bonus plan previously disclosed in a Current Report on Form 8-K filed by the Company on August 10, 2009. 

The 2011 Plan is an integral part of compensation for our employees that are at the level of director or above, which includes our
executive officers. The 2011 Plan provides that quarterly bonuses are payable, subject to the Compensation Committee’s discretion, based upon (1) achievement of certain non-GAAP revenue and non-GAAP gross margin performance targets
established by the Compensation Committee, and (2) target bonus amounts for each eligible individual established by the Compensation Committee. The Compensation Committee established annual target bonus amounts, to be determined and paid on a
quarterly basis, for the 2011 Plan, which include bonus amounts payable to the Company’s named executive officers (as defined in Item 402(a)(3) of Regulation S-K promulgated by the Securities and Exchange Commission). The Committee
established $450,000 as the annual target bonus amount for Mark Barrenechea, our Chief Executive Officer; $175,000 for James Wheat, our Chief Financial Officer; and $124,000 for Maurice Leibenstern, our Senior Vice President, General Counsel and
Corporate Secretary. 
 Quarterly bonus amounts under the 2011 Plan will be subject to the Compensation Committee’s
discretion, and will depend on the specific levels of actual non-GAAP revenue and non-GAAP gross margin attained. Such quarterly bonuses would be “earned” and payable within a range of respective percentages that includes a threshold
requirement of 50% and a maximum payout cap of 150%. Failure to meet the threshold requirement would result in no quarterly bonus amount being paid. 

Further, at the end of FY2011, the Compensation Committee will compare the aggregate percentage of all quarterly bonus amounts paid
during the fiscal year, with the actual non-GAAP revenue and non-GAAP gross margin attained for the entire 2011 fiscal year, and determine whether a “true-up” payment is necessary to prevent the actual quarterly payouts from negatively
impacting the annual payout had the plan been measured for the full year.
## Breadcrumb

-  Alaska Science Center Newsletter 

# Alaska Science Center Newsletter - Summer/Fall 2022

We hope you enjoy and subscribe. Below are links to recent publications, data releases, and highlights of on-going research programs. In this issue, we feature interviews with our scientists in the Alaska Q&A Series, Benchmark Glacier Research Project, Alaska Earth Mapping Resources Initiative (Earth MRI), and  Arctic Terns and Harmful Algal Blooms (HABs). 

**Subscribe**Subscribe

August 23, 2022

####               USGS Alaska Q&A Series          

####               U.S. Geological Survey Benchmark Glacier Project          

####               Publications Contribute to Strategic Framework for the Alaska Earth Mapping Resources Initiative (Earth MRI)          

## A long-suspected culprit is caught

### New research reveals what killed a group of Arctic Terns in Alaska

View Story

####             Science          

####             Publications          

####             Data
# C_2020137EN.01001701.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/17 |
| --- | --- | --- | --- |

27.4.2020

EN

Official Journal of the European Union

C 137/17

---

Judgment of the Court (Second Chamber) of 5 March 2020 (request for a preliminary ruling from the Okresní soud v Ostravě — Czech Republic) — OPR-Finance s. r. o. v GK

(Case C-679/18) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 2008/48/EC - Credit agreements for consumers - Article 8 - Creditor’s obligation to assess the consumer’s creditworthiness - National rules - Whether limitation may be invoked against the objection of nullity of the agreement raised by the consumer - Article 23 - Penalties - Effective, proportionate and dissuasive nature - National court - Examination by the court of its own motion as to whether that obligation has been complied with)

(2020/C 137/21)

Language of the case: Czech

Referring court

Okresní soud v Ostravě

Parties to the main proceedings

Applicant: OPR-Finance s. r. o.

Defendant: GK

Operative part of the judgment

Articles 8 and 23 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC must be interpreted as imposing an obligation on a national court to examine, of its own motion, whether there has been a failure to comply with the creditor’s pre-contractual obligation to assess the consumer’s creditworthiness, provided for in Article 8 of that directive, and to draw the consequences arising under national law of a failure to comply with that obligation, on condition that they satisfy the requirements of Article 23. Articles 8 and 23 of Directive 2008/48 must also be interpreted as precluding national rules under which a failure by the creditor to comply with its pre-contractual obligation to assess the consumer’s creditworthiness is penalised by the nullity of the credit agreement, linked with an obligation on the consumer to return the principal sum to the creditor at a time appropriate to the consumer’s financial capacity, solely on condition that that consumer raises an objection of such nullity within a three-year limitation period.

---

(1)  OJ C 25, 21.1.2019.

---
## Breadcrumb

-  Earth Resources Observation and Science (EROS) Center  

#           Eyes on Earth Episode 46 – Deforestation and Forest Degradation      

      By Earth Resources Observation and Science (EROS) Center 

## Eyes on Earth

Get every episode

-  Home 
-  Science 
-  Data 
-  Multimedia 
-  Publications 
-  Web Tools 
-  News 
-  Connect 
-  Partners 
-  About 

Eyes on Earth is a podcast on remote sensing, Earth observation, land change and science, brought to you by the USGS Earth Resources Observation and Science (EROS) Center. In this episode, we hear how Landsat can aid the study of deforestation around the world.

View Media Details

View

Download and Transcript Access

View Media Details

**Summary**: Deforestation is a significant concern for many parts of the globe, particularly in places like the rainforests of the Amazon or the Congo. Scientists, governments, and non-governmental organizations turn to satellite data to track deforestation, as well as to set targets for improvement. On this episode of Eyes on Earth, we hear from a remote sensing specialist with the U.S. Forest Service who develops algorithms that sift through satellite data to capture not only deforestation events, but the more subtle degradation events that have an impact on forest health.

**Guest**: Dr. Eric Bullock, U.S. Forest Service

**Host**: John Hult

**Producer**: John Hult

**Release date**: March 22, 2021

**More on Deforestation and Forest Degradation**: 
                            - Satellite‐based estimates reveal widespread forest degradation in the Amazon
                            - NASA Earthdata User Profile: Dr. Eric Bullock
                            -   United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD+)
                            - Land Processes Distributed Active Archive Center (LP DAAC) 
                            - Eyes on Earth Episode 45 – Harmonized Landsat Sentinel Data

### Contacts
# C_2018152EN.01003501.xml

| 30.4.2018 | EN | Official Journal of the European Union | C 152/35 |
| --- | --- | --- | --- |

30.4.2018

EN

Official Journal of the European Union

C 152/35

---

Order of the General Court of 5 March 2018 — Estamede v ECB

(Case T-124/17) (1)

1

((Non-contractual liability - Economic and Monetary Policy - ECB - Restructuring of Greek Government debt - Involvement of a Greek public law body managing a pension fund for engineers and contractors carrying out public works - Absence of interest or assignment of the right to compensation - Disregard of the procedural requirements - Manifest inadmissibility))

(2018/C 152/44)

Language of the case: Greek

Parties

Parties

Applicant: Enosi Syntaxiouchon Tameiou Asfaliseon Michanikon kai Ergolipton Dimosion Ergon (Estamede) (Athens, Greece) (represented by: P. Miliarakis, lawyer)

Applicant:

Defendant: European Central Bank (ECB) (represented by: A. Koutsoukou and K. Laurinavičius, acting as Agents, and by H.-G. Kamann, lawyer)

Defendant:

Re:

Re:

Application pursuant to Article 263 TFEU seeking compensation for the damage allegedly suffered by the Eniaios Foreas Koinonikis Asfalisis (EFKA) and, more particularly, its professional branch of engineers and contractors carrying out public works, the Tameio Syntaxeon Michanikon kai Ergolipton Dimosion Ergon (TSMEDE) (Tomeis Michanikon Ergolipton Dimosion Ergon), and its affiliates who retired following, in particular, the adoption by the ECB of Decision 2012/153/EU of 5 March 2012 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer (OJ 2012 L 77, p. 19), and other measures of the ECB connected with the restructuring of Greek Government debt.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as being manifestly inadmissible; |
| --- | --- |

1.

The action is dismissed as being manifestly inadmissible;

| 2. | The Enosi Syntaxiouchon Tameiou Asfaliseon Michanikon kai Ergolipton Dimosion Ergon (Estamede) is ordered to pay the costs. |
| --- | --- |

2.

The Enosi Syntaxiouchon Tameiou Asfaliseon Michanikon kai Ergolipton Dimosion Ergon (Estamede) is ordered to pay the costs.

---

(1)  OJ C 151, 15.5.2017.

1

---
##### 



Exhibit 32 Certification by the Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. 1350
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 Each of the undersigned hereby certifies that, to his knowledge, (i)the Form 10-KSB filed by
Gateway Financial Holdings, Inc. (the Issuer) for the year ended December 31, 2004, fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
and (ii)the information contained in that report fairly presents, in all material respects, the
financial condition and results of operations of the Issuer on the dates and for the periods
presented therein. GATEWAY FINANCIAL HOLDINGS, INC.Date: March 29, 2005
    
    By:
    
    /s/ D. Ben BerryD. Ben BerryPresident and Chief Executive OfficerDate: March 29, 2005
    
    By:
    
    /s/ Mark A. HolmesMark A. HolmesSenior Executive Vice President and Chief Financial Officer
# C_2020137EN.01000501.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/5 |
| --- | --- | --- | --- |

27.4.2020

EN

Official Journal of the European Union

C 137/5

---

Judgment of the Court (Fourth Chamber) of 27 February 2020 (request for a preliminary ruling from the Arbeitsgericht Cottbus — Kammern Senftenberg — Germany) — Reiner Grafe, Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH

(Case C-298/18) (1)

(Reference for a preliminary ruling - Directive 2001/23/EC - Article 1(1) - Transfer of an undertaking - Safeguarding of employees’ rights - Operation of bus routes - Re-employment of the staff - Operating resources not taken over - Grounds)

(2020/C 137/06)

Language of the case: German

Referring court

Arbeitsgericht Cottbus — Kammern Senftenberg

Parties to the main proceedings

Applicants: Reiner Grafe, Jürgen Pohle

Defendants: Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH

Operative part of the judgment

Article 1(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses must be interpreted as meaning that, in the context of the takeover by an economic entity of an activity the pursuit of which requires substantial operating resources, under a procedure for the award of a public contract, the fact that that entity does not take over those resources, which are the property of the economic entity previously engaged in that activity, on account of legal, environmental and technical constraints imposed by the contracting authority, cannot necessarily preclude the classification of that takeover of activity as a transfer of an undertaking, since other factual circumstances, such as the taking-over of the majority of the employees and the pursuit, without interruption, of that activity, make it possible to establish that the identity of the economic entity concerned has been retained, this being a matter for the referring court to assess.

---

(1)  OJ C 276, 6.8.2018.

---
# C_2019263EN.01001501.xml

| 5.8.2019 | EN | Official Journal of the European Union | C 263/15 |
| --- | --- | --- | --- |

5.8.2019

EN

Official Journal of the European Union

C 263/15

---

Judgment of the Court (Sixth Chamber) of 6 June 2019 — Deichmann SE v European Union Intellectual Property Office (EUIPO), Munich SL

(Case C-223/18 P) (1)

(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Revocation proceedings - Figurative mark representing a cross on the side of a sports shoe - Rejection of the application for revocation)

(2019/C 263/18)

Language of the case: English

Parties

Appellant: Deichmann SE (represented by: C. Onken, Rechtsanwältin)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: D. Gája, acting as Agent), Munich SL (represented by: J. Güell Serra and M. del Mar Guix Vilanova, abogados)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Deichmann SE to pay the costs. |
| --- | --- |

2.

Orders Deichmann SE to pay the costs.

---

(1)  OJ C 249, 16.7.2018.

---
IB 

Union Calendar No. 117 

116TH CONGRESS 

1ST SESSION H. R. 1941 

[Report No. 116–157] 

To amend the Outer Continental Shelf Lands Act to prohibit the Secretary 

of the Interior including in any leasing program certain planning areas, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2019 

Mr. CUNNINGHAM (for himself, Mr. ROONEY of Florida, Mr. LOWENTHAL, 

Mr. HUFFMAN, Mr. VAN DREW, Mr. HASTINGS, Mr. ROUDA, Mr. 

PAPPAS, Mr. GALLEGO, Ms. VELA ́ZQUEZ, Ms. HILL of California, Mr. 

PANETTA, Ms. OCASIO-CORTEZ, Mr. BEYER, Ms. WASSERMAN SCHULTZ, 

Ms. JAYAPAL, Ms. SHALALA, Ms. HAALAND, Mr. JOHNSON of Georgia, 

Mr. MCEACHIN, Mr. CARBAJAL, Mr. KIM, Ms. PINGREE, Mr. TED LIEU

of California, Mr. CASE, Mr. SCHIFF, Ms. CASTOR of Florida, Ms. 

DEGETTE, Mr. LEVIN of California, Mr. SOTO, and Mr. COX of California) introduced the following bill; which was referred to the Committee 

on Natural Resources 

JULY 16, 2019 

Additional sponsors: Mr. BLUMENAUER, Mrs. LURIA, Mr. CARTWRIGHT, Ms. 

ROYBAL-ALLARD, Mr. PETERS, Ms. BONAMICI, Mr. PALLONE, Mr. 

COHEN, Mr. KHANNA, Mr. CONNOLLY, Mr. PRICE of North Carolina, 

Miss RICE of New York, Ms. LEE of California, Mr. ESPAILLAT, Ms. 

JUDY CHU of California, Mr. HIMES, Ms. BROWNLEY of California, Ms. 

ADAMS, Mr. HARDER of California, Ms. SLOTKIN, and Ms. SA ́NCHEZ

JULY 16, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1941 RH

A BILL 

To amend the Outer Continental Shelf Lands Act to prohibit 

the Secretary of the Interior including in any leasing 

program certain planning areas, and for other purposes. 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1941 RH

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 ‘‘Coastal and Marine 

5 Economies Protection Act’’. 

6 SEC. 2. PROHIBITION ON LEASING IN CERTAIN PLANNING 

7 AREAS. 

8 Section 18 of the Outer Continental Shelf Lands Act 

9 is amended by redesignating subsections (g) and (h) as 

10 subsections (h) and (i) respectively, and by inserting after 

11 subsection (f) the following: 

12 ‘‘(g) The Secretary shall not include in any leasing 

13 program under this section any area within the Atlantic 

14 Region planning areas or the Pacific Region planning 

15 areas, as such planning areas are described in the docu16 ment entitled ‘Draft Proposed Program Outer Continental 

17 Shelf Oil and Gas Leasing Program 2019–2024’, dated 

18 January 2018.’’. 


kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 117 

116TH CONGRESS 

1ST SESSION H. R. 1941 

[Report No. 116–157] 

A BILL 

To amend the Outer Continental Shelf Lands Act 

and for other purposes. in any leasing program certain planning areas, to prohibit the Secretary of the Interior including 

JULY 16, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK79L0C42 with BILLS
153 So. 919

#### J. M. STEVERSON v. E. O. TILLMAN.

6 Div. 522.

Supreme Court of Alabama.

March 22, 1934.

B. F. Smith, of Birmingham, for appellant.

Harvey M. Emerson, of Birmingham, for appellee.

BROWN, Justice.

Affirmed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.