alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3759

Cummins Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-2254

Braeburn Systems LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Stephen P. Vaughn

General Counsel
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Nathan Maxwell v. The State of Texas

Appellate case numbers: 01-16-00672-CR; 01-16-00679-CR

Trial court case numbers: 16-DCR-073827; 13-DCR-063043A

Trial court: 434th District Court of Fort Bend County

Appellant, Nathan Maxwell, pleaded guilty to the offenses of sexual assault of a child and 

aggravated sexual assault of a child and punishment was assessed at 70 years in the Institutional 

Division of the Texas Department of Criminal Justice (TDCJ-ID) for the offense of aggravated 

sexual assault of a child and 20 years in TDCJ-ID for the offense of sexual assault. The trial 

court ordered all of the exhibits in these two trial court causes sealed by orders signed November 

21, 2016. 

On January 30, 2017, appellant’s counsel filed a motion to require the trial court to unseal 

these records so that counsel could review them to determine if they were necessary to the appeal 

or if the record required supplementing. The State has not filed a response opposing appellant’s 

request.

Maxwell has the right to have his appellate counsel review the record to determine if it is 

complete and if there are arguable issues to be raised on appeal. See Ukwuachu v. State, 494 

S.W.3d 733, 734 (Tex. App.—Waco 2016, order); Robicheaux v. State, No. 03–14–00329–CR, 

2015 WL 653612, at *1 (Tex. App.—Austin Feb. 13, 2015, order). In Robicheaux, the Austin 

court of appeals allowed access to the sealed records with specific limitations. See 2015 WL 

653612, at *2. In accordance with the limitations set out in Robicheaux, we grant counsel’s 

request for access to the sealed exhibits with the following limitations:

 The sealed exhibits are ordered unsealed only as to the attorneys of record for the

purpose of preparing briefs and motions in this Court;

 Appellate counsel for the State and Appellant may review the contents of the sealed 

exhibits at the office of the Clerk of this Court during regular office hours, but may not 

copy the records or check them out;

 Counsel may take notes but are ordered to destroy any such notes immediately upon 

this Court’s issuance of its mandate in these causes;
 The parties and their counsel are ordered not to disclose any information contained in 

these sealed exhibits to any other person; and

 If the parties raise any arguments concerning evidence contained in the sealed exhibits, 

the parties are ordered to file their appellate briefs under seal in electronic format over the 

counter in the office of the Clerk of this Court, with a statement on the cover of the brief 

clearly stating the brief is sealed by order of this Court.

It is so ORDERED.

Judge’s signature: _/s/ Harvey Brown

 Acting individually 

Date: February 23, 2017
II 

117TH CONGRESS 

2D SESSION S. 4034 

To provide authorization for nonpecuniary damages in an action resulting 

from a cruise ship voyage occurring on the high seas. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mrs. FISCHER (for herself and Mr. BLUMENTHAL) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To provide authorization for nonpecuniary damages in an 

action resulting from a cruise ship voyage occurring on 

the high seas. 

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 ‘‘Hammers’ Law’’. 

5 SEC. 2. LIMITATIONS IN CERTAIN CASES. 

6 (a) IN GENERAL.—Section 30307 of title 46, United 

7 States Code, is amended— 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4034 IS

1 (1) in the section heading, by striking ‘‘Com2 mercial aviation accidents’’ and inserting 

3 ‘‘Limitations in certain cases’’; 

4 (2) by striking subsection (a) and inserting the 

5 following: 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) CRUISE SHIP.—The term ‘cruise ship’ 

8 means a passenger vessel, other than a vessel of the 

9 United States operated by the Federal Government 

10 or a vessel owned and operated by a State, that— 

11 ‘‘(A) is authorized to carry at least 250 

12 passengers; 

13 ‘‘(B) has onboard sleeping facilities for 

14 each passenger; 

15 ‘‘(C) is on a voyage that embarks or dis16 embarks passengers in the United States; and 

17 ‘‘(D) is not engaged on a coastwise voyage. 

18 ‘‘(2) NONPECUNIARY DAMAGES.—The term 

19 ‘nonpecuniary damages’ means damages for loss of 

20 care, comfort, and companionship.’’; 

21 (3) in subsection (b), by inserting ‘‘or cruise 

22 ship voyage’’ after ‘‘commercial aviation’’; and 

23 (4) in subsection (c), by inserting ‘‘or cruise 

24 ship voyage’’ after ‘‘commercial aviation’’. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4034 IS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 303 of title 46, United States Code, is amend3 ed by striking the item relating to section 30307 and in4 serting the following: 

‘‘30307. Limitations in certain cases.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
singletouchexh10_331.htm








Exhibit 10.33.1


 


 


AMENDMENT OF HIRE LETTER AGREEMENT







For good and valuable consideration, the adequacy and receipt of which are hereby mutually acknowledged, and inclusive of the consideration exchanged via the amendments set forth hereinbelow, Single Touch Systems Inc. and James Orsini agree that their hire letter agreement dated March 10, 2011 is amended as follows:







1.  The exercise price per share of the first tranche of stock options (1.5 million Option Shares) shall be the closing market price on May 16, 2011 instead of $0.56 (or instead of .56 cents).







2.  The exercise price per share of the second and third tranches of stock options (1.5 million Option Shares each) shall be $0.90 instead of .90 cents.







3.  James Orsini shall receive an award of shares, in the discretion of Single Touch Systems Inc.’s Board of Directors, under Single Touch Systems Inc.’s 2009 Employee and Consultant Stock Plan in connection with James Orsini’s pre-employment efforts in the interest of Single Touch Systems Inc.







4.   The hire letter agreement shall be governed by and construed in accordance with New Jersey law, instead of California law.  Provided, however, that except with respect to the non-competition provisions in Section 12 of the hire letter agreement, all aspects of James Orsini’s employment relations shall, to the maximum extent permitted by law (given that his place of employment with Single Touch Systems Inc. is to be within the state of New Jersey), be governed by and construed in accordance with California labor and employment law.







5.  James Orsini’s employment (and officer/director status) shall begin on May 16, 2011 immediately after the filing on that date of Single Touch Systems Inc.’s Form 10-Q report with the SEC.







Except as expressly set forth herein, the hire letter agreement remains unchanged and in full force and effect.







Dated:  May 16, 2011


 




	 	SINGLE TOUCH SYSTEMS INC.	 
	 	 	 	 
	
 

	
By: 

	/s/ Anthony Macaluso    	 
	 	 	      Anthony Macaluso, CEO and President	 
	 	 	 	 
	 	 	 	 
	 	JAMES ORSINI	 
	 	 	 	 
	 	/s/ James Orsini
<PAGE>

                                                                    EXHIBIT 32.2

                            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 Quarterly Report of Bright Horizons Family Solutions,
Inc. (the "Company") on Form 10-Q for the period ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Elizabeth J. Boland, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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.

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.

                                             /s/ Elizabeth J. Boland
                                             -----------------------
                                             Elizabeth J. Boland
                                             Chief Financial Officer
                                             August 9, 2004
[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Page 16122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7659]



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

DEPARTMENT OF ENERGY
[Project No. 2290-006-CA]


Southern California Edison Company; Notice of Availability of 
Draft Environmental Assessment

March 23, 1995.
    In accordance with the National Environmental Policy Act of 1969 
and the Federal Energy Regulatory Commission's (Commission's) 
regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office 
of Hydropower Licensing has reviewed the application for new license 
for an existing licensed hydropower project on the Kern River owned and 
operated by the Southern California Edison Company: the Kern River No. 
3 Project No. 2290, located in Kern and Tulare Counties, California. 
Subsequently, the Commission's staff prepared a Draft Environmental 
Assessment (DEA) that discusses the relicensing of the project.
    In the DEA, staff evaluates the potential environmental impacts 
that would result from the continued operation of the project. Staff 
concludes that relicensing the project with appropriate enhancement 
measures would not constitute a major federal action significantly 
affecting the quality of the human environment.
    Copies of the DEA are available for review in the Public Reference 
Branch, Room 3104, of the Commission's offices at 941 North Capitol 
Street, NE., Washington, DC 20426.
    Any comments should be filed within 45 days from the date of this 
notice and should be addressed to Lois D. Cashell, Secretary, Federal 
Energy Regulatory Commission, 825 North Capitol Street, NE., 
Washington, DC 20426. Please affix Project No. 2290 to the first page 
of all comments.
    For further information, please contact Kathleen Sherman, 
Environmental Coordinator, at (202) 219-2834.
Lois D. Cashell,
Secretary.
[FR Doc. 95-7659 Filed 3-28-95; 8:45 am]
BILLING CODE 6717-01-M
exv10w21






Exhibit 10.21




February 25, 2011


REVISED on June 28, 2011




James Wagner

46 Grace Street

New Canaan, Connecticut 06840



Dear Jim:



It is my pleasure to offer you the position of Chief Operating Officer, The Chefs’ Warehouse. You
will report directly to me. This letter constitutes our offer. Please keep in mind that this letter
and its contents are confidential. The terms of this offer letter
dated June 28, 2011 executed by Christopher Pappas and Jim Wagner
replace in their entirety the terms of the revised offer letter of
April 8, 2011 executed by Christopher Pappas and Jim Wagner.



The terms of this offer are as follows (pending Board of Directors approval):





	•	 	Weekly salary of $4807.69 ($250,000 annually).
	 
	•	 	Eligibility to participate in Chefs’ Warehouse Individual Variable Compensation Plan
(Bonus) at a target of 100% of your annual base salary. This plan rewards participants for
their success against business and individual goals and objectives (a portion which may be
discretionary).
	 
	•	 	Restricted stock equivalent to 80 Basis points (.8 of 1%) of equity post IPO dilution
	 
	•	 	Vesting Schedule






	 	•	 	50% immediately upon an IPO.
	 
	 	•	 	12.5% each anniversary of the initial vesting for 4 years.






	•	 	Subsequent to an IPO, equity vests 100% upon termination for any reason other than cause or you resigning.




Goals for 2011 will be based on the 2011 budgeted amounts used in the prepared lender presentation
for Recapitalization.



Your 2011 Bonus Target will be 100% of Base Salary and will be structured as follows:





	 	•	 	If Revenue and Gross Profit Dollars meets or exceeds 100% of budgeted Revenue and
Gross Profit Dollars, and EBITDA meets or exceeds budget you earn 100% of Bonus.
	 
	 	•	 	If Revenue and Gross Profit Dollars meets or exceeds budgeted Revenue and Gross
Profit Dollars, and EBITDA comes in at 95% or higher than budgeted you earn 90% of
Bonus
	 
	 	•	 	If Revenue and Gross Profit Dollars meets or exceeds 90% of budgeted Revenue and
Gross Profit Dollars, and EBITDA comes in at 90% or higher than budgeted you earn 60%
of Bonus
	 
	 	•	 	Any results less than outlined above, the bonus is at the discretion of the Chief
Executive Officer.






	•	 	You will continue to receive a monthly car allowance of $750.




If this offer is acceptable, please sign this letter and return it to us for our files.




	 	 	 	 	 	 	 

	Sincerely,

	 	 	 	Accepted By James Wagner:	 	 
	 
	 	 	 	 	 	 
	/s/ Christopher Pappas
 

Christopher Pappas

	 	 
	 	/s/ James Wagner
 

Date: 6/28/2011
	 	 
	President & Chief Executive Officer
	 	 	 	 	 	 
	The Chefs’ Warehouse
Exhibit 32





CERTIFICATIONS PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with this Quarterly Report on Form 10-Q of Ridgewood Electric Power Trust V (the “Trust”) for the fiscal quarter ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Trust 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:





(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 Trust.








/s/ Randall D. HolmesName:
Randall D. HolmesTitle:
President and Chief Executive Officer

(Principal Executive Officer)Date:
November 12, 2010








/s/ Jeffrey H. StrasbergName:
Jeffrey H. StrasbergTitle:
Executive Vice President and Chief Financial Officer

(Principal Financial and Accounting Officer)Date:
November 12, 2010
Exhibit 99.1

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Board of Directors

Killbuck Bancshares, Inc.

We have reviewed the accompanying consolidated balance sheet of Killbuck Bancshares, Inc., and its consolidated subsidiary as of September 30, 2010,
and the related consolidated statements of income for the three-month and nine-month periods ended September 30, 2010 and 2009, and the consolidated statement of changes in shareholders equity for the nine-month period ended
September 30, 2010 and the consolidated statement of cash flows for the nine-month periods ended September 30, 2010 and 2009. These consolidated financial statements are the responsibility of the Company's management.

We conducted our review in accordance with standards of the Public Company Accounting Oversight Board (United States). A review of interim financial
information consists principally of applying analytical procedures to financial data and making inquiries of persons responsible for financial and accounting matters. It is substantially less in scope than an audit conducted in accordance with the
standards of the Public Company Accounting Oversight Board, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements for them to be in
conformity with U.S. generally accepted accounting principles.

We have previously audited, in accordance with the standards of the Public
Company Accounting Oversight Board (United States), the consolidated balance sheet as of December 31, 2009, and the related consolidated statements of income, changes in stockholders' equity, and cash flows for the year then ended (not
presented herein); and in our report dated February 25, 2010 we expressed an unqualified opinion on those consolidated financial statements.



|                        
|------------------------
|/s/ S.R. SNODGRASS, A.C.
|                        
|S.R. Snodgrass, A.C.    
|Steubenville, Ohio      
|November 10, 2010
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2258

Braeburn Systems LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice published at 

83 FR 67463 (‘the exclusion notice’) and posted on the USTR website, at

https://ustr.gov/sites/default/files/enforcement/301Investigations/2018-28277.pdf.

The scope of your exclusion is governed by the scope of the formal HTSUS product 

description in the Annex to the exclusion notice, and not by the product descriptions set out in 

any particular request for exclusion. An exclusion in response to your request has been granted 

by excluding from the additional tariffs products covered by a specially drafted description 

contained in the Annex to the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Stephen P. Vaughn

General Counsel
#### John PRAPOTNIK, Appellant, v. STATE of Missouri, Respondent.

No. 67036.

Missouri Court of Appeals, Eastern District, Division One.

May 23, 1995.

Robert E. Steele, Jr., Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Appellant, John Prapotnik, appeals from an order entered in the Circuit Court of Jefferson County denying his Rule 24.035 motion without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment of the circuit court is not clearly erroneous. As we further find an extended opinion would serve no jurisprudential purpose, we affirm the circuit court’s order pursuant to Rule 84.16(b).
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4075

Tianhai Electric North America:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel