alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000

ACQUISITION, December 08, 2003

TECHNOLOGY
AND LOGISTICS.

DPAP/P

MEMORANDUM FOR DIRECTORS OF THE DEFENSE AGENCIES

DEPUTY ASSISTANT SECRETARY OF THE ARMY
(POLICY AND PROCUREMENT), ASA(ALT)

DEPUTY ASSISTANT SECRETARY OF THE NAVY
(ACQUISITION MANAGEMENT), ASN(RDA)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING), SAF/AQC

EXECUTIVE DIRECTOR, ACQUISITION, TECHNOLOGY
AND SUPPLY DIRECTORATE (DLA)

DIRECTOR, ADMINISTRATION AND MANAGEMENT

SUBJECT: Inclusion of Defense Base Act Clause in DoD Overseas Coritracts

It has come to my attention that there may be some inconsistency within the
Department regarding the inclusion of the Workers’ Compensation Insurance (Defense
Base Act) clause at FAR 52.228-3 in our contracts to be performed outside of the United
States. This clause, which is prescribed by FAR 28.309(a), requires contractors to
provide the workers’ compensation insurance mandated by the Defense Base Act (42
U.S.C. 1651, et seq.) for their overseas workers. FAR 28.305 provides additional

implementing guidance on this subject, including a definition of the key term “public-
work contract.”

I want to emphasize that the Workers’ Compensation Insurance (Defense Base
~~ clause at FAR _ 228-3 should be rer in all rE service contracts to be

controcte that ae require the cafecmuance of em love ee services overseas. This is
consistent with the very broad definition of “public-work contract” at FAR 28.305, which
would include virtually all DoD contracts for construction, repair, or any other national
defense related service performed overseas.

In addition, while FAR 28.309(b) prescribes inclusion of the Workers’
Compensation and War Hazard Insurance Overseas clause at FAR 52.228-4 when the
Secretary of Labor has waived the applicability of the Defense Base Act, such waivers

&


are granted only for foreign nationals hired outside of the United States. Even when a
waiver has been granted, both of the clauses at FAR 52.228-3 and 52.228-4 should be

included in DoD service or supply contracts if any contract services will be performed
overseas by employees to whom the waiver does not apply, such as United States citizens
or foreign nationals hired within the United States.

Please ensure that this memorandum is widely disseminated within your

organizations. Questions may be directed to Mr. Christopher Werner of my staff at (703)
695-9764 or Christopher. Wemer@osd.mil.

SG) Drvtrrnne GK
Deidre A. Lee

Director, Defense Procurement
and Acquisition Policy
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT SUSAN J. PEAB ODY, Plaintiff - Appe lla nt, v. TIM E W AR

NER C AB LE ENTER

PR ISES LLC , De fe nda

nt - Appe lle e . No. 10-56846 D.C . No. 2:09-c v-06485-AG-R NB
M EM O R ANDUM *
Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia Andre w J. Guilford, Distric t Judge , Pre siding Argue d July 11, 2012, Re subm itte d July 31, 2014 Pa sa de n a , C a l ifornia B e fore : TALLM AN a

nd N.R . SM ITH, C i rc uit Judge s, a nd B UR GESS, Distric t Judge
. ** On August 17, 2012, we

(1) file d a

m e m orandum disposition a ffirm ing the distric t c o urt’ s gra

nt of sum m ary judgm e nt in fa

vor of Tim e W arne r C a

ble , Inc
. (TW C ) on Pe a

b o dy ’ s c la im

tha t TW C re t

roa c tive ly re duc e d he r c om

pe nsation; a

nd (2) c e rtifie d the following que stion to the C a lifornia

Supre m e C o urt: “ To sa

tisfy 

# FIL ED JUL 31 2014 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public a t ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The Honora

ble Tim othy

M . B urge ss, Distric t Judge for the U.S. Distric t C ourt for the Distric t of Ala ska , sitting by de signa tion.C a lifornia ’ s c om pe nsation re quire m e nts, whe t he r an e m ploy e r c an av e ra ge an e m ploy e e ’ s c om

m ission pa

ym e nts ove r c e rta in pa

y pe riods whe n it is e q

uita ble and
re a s ona ble for the e m

ploy e r to do so.” Pe abody v . TimeW

arne r C able , Inc
. , 689 F.3d 1134, 1135 (9th C ir. 2012). On July 14, 2014, the

C a lifornia

Supre m e C o urt re sponde d “ that a n e m ploy e r satisfie s the m inim um e arnings prong of the

c o m m issione d e m

p loy e e e xe m ption only

in those pe riods in whic h it ac tually pay s the re quire d m inim

um e arnings. An e m

ploy e r m ay

not sa tisfy the prong by

re a ssigning wage s from

a diffe re nt pa

y pe riod.” Pe abody v . TimeW a rne r C able , Inc
. , No. 2S04804, 2014 W L 3397770 a

t *4, — P.3d —

(C a l. July

14, 2014). The re fore , we RE V E RSE the distric t c ourt’ s gra nt of sum m ary judgm e nt in fa vor of TW C on the re m a ining four issue s 1 on a ppe a l a nd RE M A ND for

1 The se issue s a

re : 1) whe the r Pe a

body qua lifie d for the c om

m i ssions pa id e xe m

p tion of Se c tion 3(D) of W a ge Orde r 4–2001; 2) whe the r Pe a b ody wa s owe d a dditiona l m inim

um wa g e pa ym e nts unde r W a g e Orde r 4–2001 4(B ); 3) whe the r Tim e W arne r C a b le , Inc . (“ TW C ” ) wa s e xe m pt from providing wa g e sta

te m e nts unde r C a l ifornia La b or C ode Se c t ion 226(a ); a n d 4) whe the r TW C owe s Pe a body any late wa g e pa

ym e nts unde r C a lifornia

La bor C ode Se c tion 203. Pe abody , 689 F.3d a

t 1135. -2-re c o nside ra tion c onsiste n t with thefore going inte rpre tation of C a lifornia la w. Ea c h pa rty sha l l be ar its own c osts.

-3-
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

B.P., Appellant

and

U.S. POSTAL SERVICE, BUFFALO POST 

OFFICE, Buffalo, NY, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 23-0315

Issued: February 1, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On December 29, 2022 appellant filed an appeal from a November 3, 2021 merit decision

of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 23-0315.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation 

Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s 

review authority is limited to appeals which are filed within 180 days from the date of issuance 

of OWCP’s decision.2

The 180th day following the November 3, 2021 decision was May 2, 2022. As appellant 

did not file an appeal with the Board until December 29, 2022, more than 180 days after the

November 3, 2021 OWCP decision, the Board finds that the appeal docketed as No. 23-0315 is 

untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not 

explained her failure to timely file an appeal with supporting documentation sufficient to 

1 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2 20 C.F.R. § 501.3(e).
2

establish compelling circumstances. Because there is no final adverse decisions issued by 

OWCP within 180 days of the filing of the instant appeal, the Board concludes that the appeal 

docketed as No. 23-0315, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0315 is dismissed.

Issued: February 1, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id.

at § 501.6(d).
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL-7995-5]

# AGENCY:

Environmental Protection Agency.

# ACTION:

Notice of settlement.

# SUMMARY:

                        Under section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Environmental Protection Agency (EPA) has entered into an Agreement for Recovery of Past Cost (Agreement) at the Forty-Third Street Bay Drum Superfund Site (Site) located in Tampa, Hillsborough County, Florida, with Kardol, Inc. and FMM Drum, Inc. EPA will consider public comments on the Agreement until December 12, 2005. EPA may withdraw from or modify the Agreement should such comments disclose facts or considerations which indicate the Agreement is inappropriate, improper, or inadequate. Copies of the Agreement are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency, Region 4, Superfund Enforcement & Information Management Branch, Waste Management Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8887,                         *Batchelor.Paula@epa.gov*.                    

Written comments may be submitted to Ms. Batchelor at the above address within 30 days of the date of publication.

Dated: October 24, 2005.

Rosalind H. Brown, 

Chief, Superfund Enforcement & Information Management Branch.

[FR Doc. 05-22373  Filed 11-9-05; 8:45 am]

BILLING CODE 6560-50-M
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000320446
<NAME> ALIANT COMMUNICATIONS INC.
<MULTIPLIER> 1000

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<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           25290
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<RECEIVABLES>                                    40941
<ALLOWANCES>                                      1014
<INVENTORY>                                       8499
<CURRENT-ASSETS>                                 81218
<PP&E>                                          547499
<DEPRECIATION>                                  292479
<TOTAL-ASSETS>                                  521402
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<BONDS>                                         103080
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                       4499
<COMMON>                                          9240
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<TOTAL-LIABILITY-AND-EQUITY>                    521402
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<INCOME-CONTINUING>                              44954
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<NET-INCOME>                                     44729
<EPS-PRIMARY>                                     1.22
<EPS-DILUTED>                                     1.22


</TABLE>
NUMBER 13-13-00239-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG 

ISIDORO BERRO, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 148th District Court 

of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Longoria

Memorandum Opinion Per Curiam

Appellant, Isidoro Berro, attempts to appeal a conviction for theft. The trial court 

has certified that “the defendant has waived the right of appeal.” See TEX. R. APP. P. 

25.2(a)(2).
2

On May 7, 2013, this Court notified appellant’s counsel of the trial court’s 

certification and ordered counsel to: (1) review the record; (2) determine whether 

appellant has a right to appeal; and (3) forward to this Court, by letter, counsel’s findings 

as to whether appellant has a right to appeal, or, alternatively, advise this Court as to the 

existence of any amended certification.

On June 3, 2013, counsel filed a letter brief with this Court. Counsel’s response 

does not establish: (1) that the certification currently on file with this Court is incorrect, or 

(2) that appellant otherwise has a right to appeal. 

The Texas Rules of Appellate Procedure provide that an appeal must be 

dismissed if the trial court’s certification does not show that the defendant has the right of 

appeal. TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly, this 

appeal is DISMISSED. 

PER CURIAM

Do not publish. 

TEX. R. APP. P. 47.2(b).

Delivered and filed the

13th day of June, 2013.
Exhibit 32.2





CERTIFICATION PURSUANT TO 18 U.S.C.§1350,


AS ADOPTED PURSUANT TO


§906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Annual Report of ATEL Capital Equipment Fund VIII, LLC (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Paritosh K. Choksi, Executive Vice President and Chief Financial Officer and Chief Operating Officer of ATEL Financial Services, LLC, Managing Member of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:





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.





Date:     March 28, 2011





/s/ Paritosh K. ChoksiParitosh K. ChoksiExecutive Vice President and Chief Financial Officer and Chief Operating Officer ofATEL Financial Services, LLC (Managing Member)




A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-23-00396-CV

IN THE INTEREST OF A.S., A CHILD §

§

§

§

On Appeal from the 393rd District 

Court

of Denton County (22-8031-367)

February 1, 2024

Memorandum Opinion by Justice 

Bassel

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was no error in the trial court’s judgment. It is ordered that the judgment of the trial 

court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Dabney Bassel

 Justice Dabney Bassel
Exhibit 32A

                            CERTIFICATION 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 AutoInfo,  Inc. (the "Company") on Form
10-KSB for the year ending  December 31, 2004 as filed with the  Securities  and
Exchange  Commission (SEC) on the date hereof (the "Report"),  I, Harry Wachtel,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

A signed original of this written statement has been provided to the Company and
will be  retained  by the  Company  and  furnished  to the SEC or its staff upon
request.


/s/ Harry Wachtel
-----------------
Harry Wachtel
Chief Executive Officer
March 15, 2005
##### 



XANSER CORPORATION AND SUBSIDIARIES
  CERTIFICATION OF CHIEF EXECUTIVE OFFICER  PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Xanser Corporation;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this quarterly 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 quarterly report;4.
    
    The registrants other certifying officers 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, and allows for timely decisions
regarding disclosure;b)
    
    [intentionally omitted pursuant to SEC Release No. 34-47986];c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period
cover by this quarterly report, based on such evaluation; andd)
    
    disclosed in this quarterly report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent
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 officers 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 and material weaknesses 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; andb)
    
    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.
  /s/ JOHN R. BARNES

John R. BarnesChairman of the Board and Chief Executive
Officer
# L_2008117DE.01004701.xml

| 1.5.2008 | DE | Amtsblatt der Europäischen Union | L 117/47 |
| --- | --- | --- | --- |

1.5.2008

DE

Amtsblatt der Europäischen Union

L 117/47

---

Berichtigung der Verordnung (EG) Nr. 722/2007 der Kommission vom 25. Juni 2007 zur Änderung der Anhänge II, V, VI, VIII, IX und XI der Verordnung (EG) Nr. 999/2001 des Europäischen Parlaments und des Rates mit Vorschriften zur Verhütung, Kontrolle und Tilgung bestimmter transmissibler spongiformer Enzephalopathien

(
  Amtsblatt der Europäischen Union L 164 vom 26. Juni 2007
  )

Amtsblatt der Europäischen Union L 164 vom 26. Juni 2007

Seite 20, Anhang, Punkt 5 Buchstabe b betreffend Kapitel C Teil A (Erzeugnisse), zweiter Gedankenstrich:

anstatt:

| „— | Hackfleisch und Hackfleischzubereitungen“ |
| --- | --- |

„—

Hackfleisch und Hackfleischzubereitungen“

muss es heißen:

| „— | Hackfleisch und Fleischzubereitungen“. |
| --- | --- |

„—

Hackfleisch und Fleischzubereitungen“.

---
Exhibit 10.88

FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT

THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of March 28, 2006, is entered into by and among CHELSEY FINANCE, LLC, a Delaware limited liability company (“Lender”), BRAWN, LLC, a Delaware limited liability company (“Brawn LLC”), HANOVER REALTY, INC., a Virginia corporation (“Hanover Realty”), THE COMPANY STORE FACTORY, INC., a Delaware corporation (“TCS Factory”), THE COMPANY OFFICE, INC., a Delaware corporation (“TCS Office”), SILHOUETTES, LLC, a Delaware limited liability company (“Silhouettes LLC”), HANOVER COMPANY STORE, LLC, a Delaware limited liability company (“HCS LLC”), DOMESTICATIONS, LLC, a Delaware limited liability company (“Domestications LLC”), KEYSTONE INTERNET SERVICES, LLC, a Delaware limited liability company (“KIS LLC”), and THECOMPANY STORE GROUP, LLC, a Delaware limited liability company (“CSG LLC” and, together with Brawn, Brawn LLC, Hanover Realty, TCS Factory, TCS Office, Silhouettes LLC, HCS LLC, Domestications LLC and KIS LLC, collectively, “Borrowers” and each, individually, a “Borrower”), HANOVER DIRECT, INC., a Delaware corporation (“Hanover”), CLEARANCE WORLD OUTLETS, LLC, a Delaware limited liability company (“Clearance World”), SCANDIA DOWN, LLC, a Delaware limited liability company (“Scandia Down LLC”), LACROSSE FULFILLMENT, LLC, a Delaware limited liability company (“LaCrosse LLC”), D.M. ADVERTISING, LLC, a Delaware limited liability company (“DM Advertising LLC”), AMERICAN DOWN & TEXTILE, LLC, a Delaware limited liability company (“ADT LLC”), and HANOVER GIFTS, INC., a Virginia corporation (“Hanover Gifts” and, together with Hanover, Clearance World, Scandia Down LLC, LaCrosse LLC, DMAdvertising LLC and ADT LLC, collectively, “Existing Guarantors” and each, individually, an “Existing Guarantor”) and Hanover Direct Memberships, Inc., a Delaware corporation (“HDMI”, as hereinafter further defined) and Scandia Down Online, LLC, a Delaware limited liability company  (“Scandia Online”, as hereinafter further defined and together with HDMI and Existing Guarantors, collectively, “Guarantors” and each individually , a “Guarantor”).

WITNESSETH:

WHEREAS, Borrowers, Guarantors and Lender are parties to the Loan and Security Agreement, dated as of July 8, 2004, as amended (as so amended, the “Loan Agreement”), pursuant to which Lender has made loans and advances to Borrowers;

WHEREAS, Borrowers and Guarantors have requested that Lender (a) revise the amounts of EBITDA that Borrowers are required to maintain in the first and second fiscal quarters of the fiscal year ending December 30, 2006, (b) so long as no Event of Default exists, (i) permit certain intercompany transactions as set forth herein, and (ii) permit the incurrence of contingent indebtedness arising under surety bonds, (c) include HDMI and Scandia Online as a Guarantor pursuant to the terms and conditions of the Loan Agreement and the other Financing Agreements, as amended hereby, and (d) agree to certain other amendments to and consents under the Financing Agreements;

 

 
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