alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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| Solvency provisions | Summary Measures and Graphs |
|---------------------|-----------------------------|

| Level of Monthly Benefits (PIA) | Description of Proposed Provision:      Progressive price indexing of PIA formula factors beginning with individuals newly eligible for OASI benefits in 2012.  Create new bend point at the 30th percentile of earners.  Maintain current-law benefits for earners at the 30th percentile and below and reduce upper 2 formula factors (32% and 15%) such that maximum worker benefit grows by inflation rather than the growth in average wages.  Disability benefits are not affected by the proposal.  Disabled worker beneficiaries, upon attaining normal retirement age, would be subject to a proportional reduction in benefits based on the worker's years of disability. In addition, the reduction to the upper 2 formula factors is suspended for any year in which sustainable solvency over the next 75 years is expected. With this provision taken alone, suspension is not expected within the next 75 years. |
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*Estimates based on the intermediate assumptions        of the 2008 Trustees Report*

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Exhibit 10.5

NORTH CAROLINA    )
                  )               RIGHT OF FIRST REFUSAL
GUILFORD COUNTY   )

         THIS AGREEMENT, made and entered into this 20th day of May, 1999, by
and between MIRACLE HOLDINGS, LLC ("Seller"); and MARKET AMERICA, INC.
("Buyer");

                                   WITNESSETH:

         That for and in consideration of the sum of FIVE HUNDRED THOUSAND AND
NO/100 DOLLARS ($500,000) to it in hand paid, the receipt of which is hereby
acknowledged, said Seller does hereby give and grant unto said Buyer the right
of first refusal to purchase from said Seller a certain tract or parcel of real
property (the "Property") lying and being in Guilford County, North Carolina,
and more particularly described as follows:

         See Exhibit "A" Attached Hereto and Incorporated Herein by Reference

         The terms and conditions of this Agreement are as follows:

         FIRST. This Agreement shall begin on May 20, 1999 and end upon
termination of the Lease Agreement on this property between Seller and Buyer.

         SECOND. If Buyer exercises this Agreement and elects to purchase said
Property, the purchase price therefor shall be the then appraised value, payable
in cash upon delivery of the deed. Buyer shall have thirty (30) days from the
notice of proposed sale by Seller to exercise this Agreement.

         THIRD. At any time within the period above limited, but not thereafter,
Seller will make, execute and deliver to said Buyer a good and sufficient deed
for said land in fee simple with general warranty and free from encumbrances
upon the payment by said Buyer of the said purchase price in the sum and manner
above set out.

         FOURTH. If said land be sold by said Seller to said Buyer under the
terms of this Agreement, the sum for which a receipt is herein given shall be a
credit on the cash payment of the purchase price, but if said land be not so
sold within the period above limited, said sum shall be retained by Seller as
the purchase price of this Agreement and thereafter Buyer shall have no further
rights under this Agreement.
<PAGE>

         IN WITNESS WHEREOF, said Seller has hereunto set its hand and seal, the
day and year first above written.


                                            MIRACLE HOLDINGS, LLC


                                            BY: /s/ James H. Ridinger (SEAL)
                                                --------------------------------
                                                James H. Ridinger
                                                Member/Manager
<PAGE>
                                                                    EXHIBIT 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Donald R. Sellers, Chief Executive Officer of SciClone Pharmaceuticals, Inc.
(the "Registrant"), do hereby certify in accordance with 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based
on my knowledge:

      (1) the Annual Report on Form 10-K of the Registrant, to which this
      certification is attached as an exhibit (the "Report"), fully complies
      with the requirements of section 13(a) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m); and

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

Date:  March 26, 2003                                /s/ Donald R. Sellers
                                               ---------------------------------
                                                       Donald R. Sellers
                                                    Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to SciClone Pharmaceuticals, Inc. and will be retained by SciClone
Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.
Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

Long-Range 

Actuarial 

Balance

Annual 

Balance in 75th 

Year

Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

-2.00% -4.34% 0.06% 0.00% -1.94% -4.34%

Summary Measures and Graphs

Category of Change: Retirement Age

Proposed Provision: Shorten the hiatus in the normal retirement age (speed up the increase to age 67). 

That is, increase the NRA by 2 months per year for those attaining age 62 in 2012 through 2017, five 

years earlier than in current law, which would increase the NRA 2 months per year for those reaching age 

62 in 2017 through 2022.

Present Law Change From Present Law in Results with this provision

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

2009 2019 2029 2039 2049 2059 2069 2079

Percent

Year

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

Cost rates with this provision

Income rates under present law

Income rates with this provision

Cost rates under present law

0

100

200

300

400

500

600

700

800

900

1000

2009 2019 2029 2039 2049 2059 2069 2079

Percent

Year

OASDI Trust Fund Ratio

(assets as a percentage of annual expenditures)

Present law With this provision

Estimates based on the intermediate assumptions of the 2009 Trustees Report Office of the Chief Actuary, Social Security

November 16, 2009

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

2009 2019 2029 2039 2049 2059 2069 2079

Percent

Year

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

Cost rates with this provision

Income rates under present law

Income rates with this provision

Cost rates under present law

0

100

200

300

400

500

600

700

800

900

1000

2009 2019 2029 2039 2049 2059 2069 2079

Percent

Year

OASDI Trust Fund Ratio

(assets as a percentage of annual expenditures)

Present law With this provision
#### The Merchants Bank of New York, a Division of Valley National Bank, Respondent, v Dajoy Diamonds, Inc., et al., Appellants.

[772 NYS2d 521]

Order and judgment (one paper), Supreme Court, New York County (Charles Ramos, J.), entered December 30, 2002, which, inter alia, granted plaintiffs motion to confirm the report of the Special Referee, dated April 25, 2002, and awarded plaintiff damages in the total amount of $2,765,560.83, unanimously affirmed, with costs.

The Special Referee’s determination is substantiated by the record and, accordingly, was properly confirmed *(see Freedman v Freedman,*211 AD2d 580 [1995]; *Warney v Haddad,*194 AD2d 478 [1993], *lv denied*82 NY2d 658 [1993]). Plaintiffs damages as a result of defendants’ default on loans totaling over $2 million were amply established at the hearing by the testimony of a senior vice-president at plaintiff bank, who was knowledgeable about the loan agreements and the actual costs of enforcing them *(see Electronic Servs. Intl. v Silvers,*284 AD2d 367 [2001], *lv denied*99 NY2d 508 [2003]). In determining the amount to which plaintiff was entitled for legal fees, the Special Referee reviewed the appropriate factors and we discern no ground to disturb the award *(see Sage Realty Corp. v Proskauer Rose,*288 AD2d 14 [2001], *lv denied*97 NY2d 608 [2002]).

We have considered defendants’ remaining contentions and find them unavailing. Concur—Ellerin, J.P., Williams, Lerner and Marlow, JJ.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

126 

KA 10-02222 

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

LEON BLOOM, JR., ALSO KNOWN AS LEON C. BLOOM,

ALSO KNOWN AS LEON C. BLOOM, JR., 

DEFENDANT-APPELLANT. 

 

BRIDGET L. FIELD, ROCHESTER, FOR DEFENDANT-APPELLANT. 

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Genesee County Court (Robert C.

Noonan, J.), rendered June 3, 2010. The judgment convicted defendant,

upon a jury verdict, of grand larceny in the fourth degree. 

It is hereby ORDERED that the judgment so appealed from is 

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him,

upon a jury verdict, of grand larceny in the fourth degree (Penal Law

§ 155.30 [1]). As defendant correctly concedes, his contention that

the evidence is legally insufficient to support the conviction is not

preserved for our review because defendant failed to renew his motion

for a trial order of dismissal after presenting proof (see People v

Hines, 97 NY2d 56, 61, rearg denied 97 NY2d 678). In any event,

defendant’s contention lacks merit (see generally People v Bleakley,

69 NY2d 490, 495) and, viewing the evidence in light of the elements

of the crime as charged to the jury (see People v Danielson, 9 NY3d

342, 349), we reject defendant’s further contention that the verdict

is against the weight of the evidence (see generally Bleakley, 69 NY2d

at 495). “[T]he jury was in the best position to assess the

credibility of the witnesses and, on this record, it cannot be said

that the jury failed to give the evidence the weight it should be

accorded” (People v Orta, 12 AD3d 1147, 1147, lv denied 4 NY3d 801).

Finally, the sentence is not unduly harsh or severe.

Entered: February 8, 2013 Frances E. Cafarell

Clerk of the Court
## Summary Measures and Graphs

- Individual Provisions
- Level of Monthly Benefits

### **Description of Proposed Provision:						B7.11: Beginning in January 2026, eliminate the retirement earnings test for all beneficiaries under normal retirement age, including retired workers, aged spouses, aged widow(er)s, young spouses with a child in care, young surviving spouses with a child in care, and children.**

|  |  |
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EXHIBIT
      23.2





CONSENT
      OF INDEPENDENT ACCOUNTANTS





We
      consent to the incorporation by reference in the registration statements on
      Form
      S-8 (Nos. 33-88442, 33-99196, 33-94974, 333-65799, 333-36159, 333-82418, and
      333-82416) and on Form S-3 (File Nos. 333-90017, 333-76614, 333-92174 and
      333-102334) of Data Systems & Software Inc. of our report dated March 29,
      2006 on Comverge, Inc., with respect to the consolidated balance sheets of
      Comverge, Inc. and subsidiaries as of December 31, 2005 and 2004 and the related
      consolidated statements of operations, shareholders' deficit and cash flows
      of
      Comverge, Inc. and Subsidiaries for the years then ended, which report appears
      in Data Systems & Software Inc.'s annual report on Form 10-K for the year
      ended December 31, 2005.





/s/
      PricewaterhouseCoopers LLP


Atlanta,
      Georgia


April
      5,
      2006
| Skip to contentSocial Security Online | Actuarial Publications |
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| www.socialsecurity.gov | Home  FAQs  Contact Us  Search | **Search**  |
|------------------------|-----------------------------------------------------------------|------------------|

| Solvency provisions | Summary Measures and Graphs |
|---------------------|-----------------------------|

| Trust Fund Investment in Equities | Description of Proposed Provision:      Invest 40 percent of the Trust Funds in equities (phased in 2009-2023), assuming an ultimate 6.4 percent real rate of return on equities |
|-----------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                   |

*Estimates based on the intermediate assumptions        of the 2008 Trustees Report*

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[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Notices]
[Page 8060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3413]



=======================================================================
-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION


Agricultural Cooperative Notice to the Commission of Intent to 
Perform Interstate Transportation for Certain Nonmembers

    The following Notices were filed in accordance with section 
10526(a)(5) of the Interstate Commerce Act. The rules provide that 
agricultural cooperatives intending to perform nonmember, nonexempt, 
interstate transportation must file the Notice, Form BOP-102, with the 
Commission within 30 days of its annual meeting each year. Any 
subsequent change concerning officers, directors, and location of 
transportation records shall require the filing of a supplemental 
Notice within 30 days of such change.
    The name and address of the agricultural cooperative (1) and (2), 
the location of the records (3), and the name and address of the person 
to whom inquiries and correspondence should be addressed (4), are 
published here for interested persons. Submission of information which 
could have bearing upon the propriety of a filing should be directed to 
the Commission's Office of Compliance and Consumer Assistance, 
Washington, DC 20423. The Notices are in a central file, and can be 
examined at the Office of the Secretary, Interstate Commerce 
Commission, Washington, DC.

(1) Harvest States Cooperatives.
(2) P.O. Box 64594, St. Paul, MN 55164.
(3) 1667 N. Snelling Ave., St. Paul, MN 55108.
(4) Allen J. Anderson, Senior Vice President, Admin. and Public 
Affairs, P.O. Box 64594, St. Paul, MN 55164.
Vernon A. Williams,
Secretary.
[FR Doc. 95-3413 Filed 2-9-95; 8:45 am]
BILLING CODE 7035-01-P
##### 



Exhibit 31.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO
EXCHANGE ACT RULE 13a-14(a)/15d-14(a)
AS ADOPTED PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this report on Form 10-Q of Activant Solutions Inc. for the three
months ended December 31, 2006;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and have:
    5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors:
    By:
    /s/ PERVEZ QURESHIPervez QureshiPresident & Chief Executive Officer
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: July 24, 2014 105716

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER JAMES PITTMAN, Appellant.

________________________________ Calendar Date: June 9, 2014 Before: Lahtinen, J.P., McCarthy, Rose, Egan Jr. and Devine, JJ.

__________ Michael C. Ross, Bloomingburg, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

__________ Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 19, 2012, convicting defendant upon his plea of guilty of the crime of assault in the second degree. Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with assault in the second degree. He thereafter pleaded guilty as charged and waived his right to appeal. In accordance with the plea agreement, defendant was sentenced to six years in prison to be followed by three years of postrelease supervision. Defendant now appeals. 1

1 Although defendant's notice of appeal misstates the date upon which the judgment was rendered, we exercise our discretion-2- 105716

We affirm. Defendant's valid waiver of the right to appeal his conviction and sentence, which he does not challenge, precludes his sole contention on appeal that his sentence is harsh and excessive (see People v LaFleur, 111 AD3d 1025, 1025 [2013]; People v Ball, 108 AD3d 871, 871-872 [2013]). Lahtinen, J.P, McCarthy, Rose, Egan Jr. and Devine, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

to overlook the inaccuracy and treat the notice as valid (see CPL 460.10 [6]).