Supp Clause Samples

Supp. 2d 1073, 1079 (▇. ▇▇▇▇. 2012) (citing ▇▇▇, 414 U.S. at 568); Faith Action for Cmty. Equity v. Hawaii, No. 13-00450 SOM, 2014 WL 1691622 at *14 (D. Haw. Apr. 28, 2014) (Title VI intent claim was properly alleged by LEP plaintiffs when it was based on the “foreseeable disparate impact of the English-only policy,” a pretextual justification for the policy, and potentially derogatory comments by a state agency). Executive Order 13166 required each federal agency that extends financial assistance to issue guidance explaining the obligations of its recipients to ensure meaningful access by LEP individuals to programs and activities receiving federal assistance. See 65 Fed. Reg. 50,121 (Aug. 16, 2000). The DOL Guidance explains that its Title VI regulations “require all recipients of federal financial assistance from DOL to provide meaningful access to LEP persons.”12 In determining a recipient’s compliance with applicable nondiscrimination laws, DOL and DOJ must “ensure that the recipient’s policies and procedures overcome barriers resulting from language differences that would deny LEP persons meaningful opportunities to participate in and access programs, services and benefits.”13 While meaningful access is always required, the level of language assistance services a recipient must provide is a fact-specific inquiry that includes consideration of the number and frequency of encounters with LEP individuals in the recipient’s service area, the importance and impact of the program or activity on the LEP individual, and the resources appropriate to the circumstances.14

Supp. Mtge. (100% REA) - 1/92 (No Prior Bank Loan)-Restated (TEL-MTG2) INSTRUMENTS RECITAL

Supp. 497 (SDNY 1935) reversed 85 F. 2d 61 (2d Cir 1936)

Supp. 2d at 526. For the reasons that follow, we affirm that holding with respect to three of the challenged software functions--the conversion (or "transcoding") of videos into a standard display format, the playback of videos on "watch" pages, and the "related videos" function. We remand for further fact-finding with respect to a fourth software function, involving the third-party syndication of videos uploaded to YouTube.

Supp. 2d 481 (E.D. Pa. 2000); class certification, ▇▇▇▇▇▇▇ v. IKON Office Solutions, Inc., ▇▇▇ ▇.▇.▇. ▇▇▇ (E.D. Pa. 2000); approval of securities settlements with a carve-out for ERISA claims, In re IKON Office Solutions Sec. Litig., 194 F.R.D. 166 (E.D. Pa. 2000); and approval of ERISA settlements, ▇▇▇▇▇▇▇ v. IKON Office Solutions, Inc., ▇▇▇ ▇.▇.▇. ▇▇ (E.D. Pa. 2002). $69 million in cash and stock to the plan. Judge ▇▇▇▇ ▇▇▇▇▇▇ approved the settlement on December 12, 2003.

Supp. 25-1 R18-11-304 Class A Reclaimed Water.

Supp. 2d at 526 (noting that a contrary holding would "confine[ ] the word 'storage' too narrowly to meet the statute's purpose").

Supp. The franchise fee shall be applied to all customers’ bills in accordance with Iowa Code Chapter 364.2 and 423B.

Supp. 2d at 529. The District Court prefaced its analysis of the DMCA safe harbor by holding that, based on the plaintiffs' summary judgment submissions, "a jury could find that the defendants not only were generally aware of, but welcomed, copyright-infringing material being placed on their website." Id. at 518. However, the District Court also noted that the defendants had properly designated an agent pursuant to ß 512(c)(2), and "when they received specific notice that a particular item infringed a copyright, they swiftly removed it." Id. at 519. Accordingly, the District Court identified the crux of the inquiry with respect to YouTube's copyright liability as follows: [T]he critical question is whether the statutory phrases "actual knowledge that the material or an activity using the material on the system or network is infringing," and "facts or circumstances from which infringing activity is apparent" in ß 512(c)(1)(A)(i) and (ii) mean a general awareness that there are infringements (here, claimed to be widespread and common), or rather mean actual or constructive knowledge of specific and identifiable infringements of individual items.