text:
He gazed inside me with careful tenderness, he embraced me with his breathing heat, a magnet to my pleasure.
He caressed every cell with nothing but his electricity, the weight of a hundred men hovering above. He seized my flesh and devoured it, satisfied with every bite from his supple steady hands. He searched my body with his starved tongue.
He had no plan. He was going somewhere, everywhere it didn't matter, every taste was his destination.
He blessed my body with his, kissing without the mashing of lips, just air and fire.
Sweat leaked from every pore, mixing with his, until we turned to liquid. I was swimming in ecstasy, no orgasm, only deathless bliss. We melted in our fevered desire.
Silence was our serenade, but then, from somewhere trapped in the deepness, my voice of passion was unleashed. My knowledge disappeared. I couldn't speak, words suffocated as my heart began to scream.
I reached for him, but I couldn't touch, he wouldn't let me. He ached for my release, and as he pulsed through me, he broke me. He broke me open from the earth to the air. I craved myself, I grasped and clawed. I yearned to kiss every piece of me, pleasure and pain, all of it at once.
I gasped for breath and drowned in my guilt, my doubt, my unknowingness, my torment. My numbness evaporated as the needles of confusion injected me with consciousness, and I wept.
Naked, exposed, ravaged, nurtured, held, I mourned myself. I mourned the death of my frailty.
I'm not weak, I'm powerful.
He ripped the weakness away and there I was: beautiful, perfect, wise and seen. He sees me without knowing why or asking why. No question of my presence. I am nothing to him, but me.
No sound, no word, no look, no action could turn him away. He protects me, he warms my fragility with his courage. He broke me and he will never allow me to be fixed. I'm irreparable because now, I'm me: quiet, speechless, unable to lead, shattered from the outside, in.
The outside vanished as he looked at me and saw himself. He ate me whole and refused to spit me out.
I'm terrified this is it, and the search is over. We are the intention. We are the harbor and now all that's left to do, is be. It isn't sexual, it isn't emotional, it isn't mental, it isn't any of that, it's peace. It's foreign. It's the clouds. I can't hold it. I can't describe it. I don't know it. It's not worldly or real, it just is.
It's love.


text:
Utility Air Regulatory Group v. EPA (2014)
|Return to State AG Database→
Multiple states intervened in lawsuit to defend EPA rules concerning regulation of greenhouse gas emissions from stationary and mobile sources.
Citation: Utility Air Regulatory Group v. EPA, 134 S.Ct. 2427 (2014) / Coalition for Responsible Regulation, Inc., et al. v. EPA, 684 F.3d 102 (D.C. Cir. 2012)
Topic: Climate Change Mitigation
Type of action: Defense of Fed. Rule
States involved: California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington
Summary: After the landmark holding of Massachusetts v. EPA that greenhouse gases (GHGs) are "air pollutants" within the ambit of the Clean Air Act, EPA issued several rules respecting the control of GHG emissions:
(i) an endangerment finding for GHG emissions from motor vehicles;
(ii) a rule establishing GHG emission standards for motor vehicles (the "tailpipe rule");
(iii) a rule specifying that, when the tailpipe rule became effective, major stationary sources of GHG emissions would be subject to the Prevention of Significant Deterioration (PSD) and Title V permitting requirements, including the requirement to install the "best available control technology" for GHG emissions; and
(iv) a rule limiting the scope of major stationary sources that are subject to the PSD and Title V permitting requirements (the "tailoring rule"). Multiple lawsuits challenging these rules were consolidated in Coalition for Responsible Regulation v. EPA. A group of 17 states intervened on behalf of the EPA to defend the validity of those rules.
The D.C. Circuit Court of Appeals dismissed all of the challenges to EPA's GHG regulations. The Utility Air Regulatory Group then filed a petition for writ of certiorari to the Supreme Court seeking to reverse the D.C. Circuit's upholding of EPA's GHG permitting program for large stationary sources (Utility Air Regulatory Group v. EPA). The Supreme Court ruled that EPA had impermissibly interpreted the Clean Air Act as compelling or permitting a facility's potential greenhouse gas emissions to trigger Prevention of Significant Deterioration (PSD) and Title V permitting requirements. The Court upheld, however, EPA's determination that "anyway" sources (facilities subject to PSD permitting due to their conventional pollutant emissions) could be required to employ "best available control technology" (BACT) for greenhouse gases.
Key documents:
- Supreme Court Decision
- D.C. Circuit Decision
- Endangerment Finding
- Tailpipe Rule
Additional resources:

subset: commoncrawl


text:
Your bin collections will remain the same this bank holiday Monday, 27 May. Our offices at Swale House, Sittingbourne, Alexander Centre, Faversham and Sheppey Gateway, Sheerness, will be closed.
Wednesday 7 November 2018
Dover Street in Sittingbourne has fully re-opened today, marking the completion of the second phase of Spirit of Sittingbourne roadworks.
The re-opening will significantly improve traffic flow in the town centre, helping to boost footfall for local businesses.
Station Street is now premanently closed to vehicle traffic at the northern end to make way for the works to build The Light cinema, new restaurants - including Nandos and Pizza Express - and Travelodge hotel.
We, and Spirit of Sittingbourne, apologise for the delay in opening the road and fully appreciate the patience of the people of Sittingbourne during the works.
For the latest updates, visit the Spirt of Sittingbourne website.


text:
A Capacity, Management, Operation and Maintenance (CMOM) Program has been prepared by Fox Metro to meet the requirements of Special Condition 21 of National Pollution Discharge Elimination System (NPDES) Permit Number IL0020818, dated June 1, 2015 from the Illinois Environmental Protection Agency.
This CMOM program has been prepared to provide a centralized document that can be used to more effectively and efficiently manage, operate and maintain the sanitary collection system owned and operated by the District. The goal of the CMOM plan is to manage, operate and maintain the sanitary collection system for the lowest practical customer cost and to protect public health.
This goal is supported by:
As stated in the NPDES permit, the CMOM program focuses on reducing or eliminating preventable sanitary sewer overflows. Specifically, this CMOM plan focuses on:
Fox Metro intends to implement and continuously improve a results-based and cost efficient CMOM program for its sanitary collection system that is driven by best management practices and coordinated with the overall strategy of waste water treatment within the Fox Metro service area.
Capacity, Management, Operation and Maintenance (CMOM) Program (43 MB)
© 2019 Fox Metro Water Reclamation District - Montgomery, IL
Contact Us - Public Notices - Careers - FOIA


text:
Airsys Won the Bidding of the Fourth Batch of Precision Air-conditioners Purchasing of State Grid Power Project in 2015
In the fourth batch bid invitation of precision air-conditioners purchasing of State Grid Power Project in 2015, Airsys won the bidding of the fifth package of precision air-conditioners. The products of Airsys will be applied in more than 30 provinces and cities, such as Anhui, Jiangsu, Zhejiang, Hubei, Sichuan, Fujian and Jiangxi.
State Grid is the state-owned backbone enterprise, which is related to national energy security and lifelines of the national economy. The core business of the company is to invest, build and operate power grid, which provides strong smart power grid for economic and social development. Its business covers 26 provinces, autonomous regions and municipalities, with coverage of 88% of the national territory.
Power industry highly relies on security of its information system, so as to keep the power information system operate steadily and reliably. It is an important work in carrying out power business. During this bidding, State Grid was very strict about selection standard of relevant equipment products, including investigation on qualification of bidder, product performance, product certification, ability of after-sales service, and market recognition. Therefore, Airsys sent a professional team to positively communicate with clients, and to provide reliable product program of precision air conditioners. After all-rounded inspection and evaluation, Airsys finally won the bidding through its comprehensive strength. Airsys was recognized by State Grid again after winning the bidding of precision air-conditioners in the second batch of power bidding in the first half year.
In recent years, Airsys has been dedicated to the development of power industry. The Company sets a special team to be responsible for business in power industry. It positively takes part in building and renovation project of machine room in power industry. Winning this bidding is the result of Airsys' years of hard-working, which also marks Airsys has set a foot in power industry in an all-rounded way.


text: Through the generosity of participants and donors, Penn Manor Education Foundation raised $14,295 at its annual dinner Sunday at the Revere Tavern. The revenue will help fund Venture Grants for teachers and scholarships for students to attend post-secondary institutions. Since 2000, the non-profit foundation has awarded nearly $500,000 in grants for classroom activities and programs for which funding is not normally available through school district sources. Learn more about PMEF at its website: https://www.pennmanor.net/foundation/


text:
Zard Exhaust for the Triumph Street Triple
by Maxx Biker, on
Truly beautiful, the new ZARD exhaust systems for the Triumph Street Triple are available in both versions created by Zard racing. The tuner has achieved a full kit featuring 3X1 silencers lateral side saddle in three different types of materials: steel / aluminium, steel / carbon and titanium demand.
Technical Characteristics: 40mm pipe diameters, complete stainless steel kit weight: 4.7 Kg, + 5 hp version with full kit racing.
The systems will be ready for commercializing next week, but until then I invite you to take a look at them in the photo gallery and even hear them in the two videos that I attached below. Tune up your speakers and imagine how you will feel on something that sounds like that!
ZARD - Triumph Street Triple
ZARD - Triumph Street Triple DBKiller
Motorcycle Finder:
Competing Vehicles


text:
I've seen a couple feedback threads resurface lately, and I thought I'd do one too. I love them! I've had one or two before but can't seem to find them on my profile anymore. The ones I had would either "die out" or I would take awhile to respond to a big list. I have some free time on my hands this summer, and I would love to get back to looking at names as much as I used to.
Feel free to leave some combos (or singles) below, and I'll give my opinion. Also, if you're looking for middle name options/advice for a name, make note of it on your list, and I can do that too. I tried to word that first sentence in a way that didn't make me sound like a jerk, but I don't think it worked. I just want to let everyone that posts here know that I do not intend to be rude in any of my comments. I'm just not that kind of person, and it's not my place to completely bash a name you love.
The only thing I ask when posting your lists is to please keep it at ten names per post. (You can still post more than once.) I never set a limit on my other threads and got a little overwhelmed with the list lengths.


text:
Five Honda cars have recently returned from a pioneering tour to demonstrate and increase awareness of the benefits of Intelligent Traffic Systems (ITS) in improving road safety and reducing congestion across Europe.
Get full access to all content, just $1 for 30 days
A Message From The Editor
just-auto gives its paid members access to the very best automotive market coverage.
And now there's just-auto plus, our premium membership that gives you exclusive component forecast data, company profiles and extended news coverage - just for premium members.
Today I can offer you 30 days access for $1 - and that includes just-auto plus.
Dave Leggett, editor of just-auto
* plus VAT if applicable
Only on


text:
Kevin Morrissey, Manager - New Business Development
SilverPlatter's mission statement commits SilverPlatter to be part of the World-Wide Digital Library through a process of collaboration and technology provision. To help enable this process we are providing a rapidly expanding collection of premium databases, effective and precise searching via our search and retrieval engine, User choice of client interface and Systems choice of server platform and database delivery media.
Today I am going to talk about our current collection of some 280 databases that we currently publish, some of the newer premium products we are bringing to the market this year, the 50 databases of regional interest currently produced by SilverPlatter partner publishers. SilverPlatter partner publishers licence our technology to create ERL compliant databases that are searchable alongside SilverPlatter's premium databases. I also want to talk about Open Systems, our ability to integrate with Library catalogues and our commitment to Open Systems through new technology that is currently entering the very first stages of its beta process.
Here is an over view of what is the most comprehensive collection of databases available on the choice of CD-ROM, Local Area Network and over the Internet. This closes the circle of Information requirements.
Within Medicine and the Health Sciences we have over 30 databases available from SilverPlatter, with more to come soon, particularly the Pascal Biomed database from France.
We have the most comprehensive choice of databases available inHealth and Safety and Agriculture and Food Sciences. We offer a similar range of choice within Engineering, Business and Economics and within The Arts, Humanities and Social Sciences.
We are adding many new premium databases to our collection of ERL titles, including LISA, Books in Print, Ulrichs, Pascal Biomed and Leatherhead Food Research. By the end of 1997 we will also have over 75 Partner Published titles available.
SilverPlatter meets your information needs, with 280+ database titles, which can all be simultaneously cross searched using a very wide range of client and server platforms. These databases can also be used in a number of different network environments with no loss of functionality.
SilverPlatter's client and server software is provided as part of your database subscription price, so there are no additional hidden costs involved in buying from SilverPlatter. This also includes all of our web gateway and Z39.50 options.
This is SilverPlatter's technology today. Centred around our ERL server communicating via the DXP protocol to our clients, to Web Browsers and to Z39.50 OPAC systems via dynamic linking.
This is SilverPlatter's technology for the future. Not only have we developed a Java Client but we have developed a Java Server as well. As you can see the Java Server is fully integrated with the DXP server and will run on the same machine simultaneously, thus SilverPlatter's current technology really does have the future built in.


text:
Back to list
Taipei, June 21 (CNA) HTC Corp. aims to secure a 10-percent to 15-percent share of the global smartphone market, the company's chief executive officer said Friday."We managed to maintain a 4-percent global smartphone market share last year and we are determined to do our best to expand the percentage to 10 to 15 percent in the future," HTC CEO Peter Chou said at a shareholders' meeting.As Taiwan's leading smartphone maker, HTC once accounted for a 10-percent share of global smartphone sales and its market share in some areas even reached 30 percent, Chou said."Give us some time and we will stage a comeback," Chou said.Through more than six years of strenuous efforts, he said, HTC has built up a clear brand image."We will redouble our efforts this year to further enhance our brand recognition and loyalty around the world," Chou said.Acknowledging that the global smartphone market is extremely competitive, Shou said HTC has spent heavily on research and development.He further said that 2013 will be a watershed year for HTC, as the company has managed to make big breakthroughs in its product line.For instance, he said, the new HTC One has been widely recognized as one of the best smartphones available on the market.Four Amercian telecom carriers have been promoting the device in the U.S. market, Chou said.It marks the first time that HTC has collaborated with four U.S. telecom operators to simultaneously promote sales of a single HTC handset, Chou said, adding that this is part of the company's new marketing strategy.Speaking on the same occasion, HTC Chairwoman Cher Wang said the company will focus on product innovation and upgrading of its global marketing mechanism this year. (By Esme Jiang and Sofia Wu)ENDITEM/J
average rating 0 star(s)


text:
Ziera Shoes - Usher - Black - Black SoleZiera
or make 4 interest-free payments of $39.75 fortnightly with More info
With flexible stretch uppers and a rubberised eva sole, this range is light-weight but offers strength and cushioning.
As an added bonus they're machine washable on a cool cycle, so you can keep them looking their best.
They also have a Removable Orthotic Insert.
Very Comfortable Work Shoe.
Available Online or In Store at Sole Sister Shoes.


text:
Two Little Eyes
Two little eyes to look around.
Two little ears to hear each sound.
One little nose to smell what's sweet.
And one little mouth that likes to eat
Rum Tum
Rum tum, rum tum, children are playing on the drum. 2x
Rum tum, rum tum, making circle on the drum. 2x
Rum tum, rum tum, dancing fingers on my drum. 2x
Rum tum, rum tum, two hands are playing on the drum. 2x
For Daddy
Leg over leg as the dog went to Dover.
When he came to a stile, "jump" he went over.
My Ball
My ball is big and round, I' rolling it on the ground!
My ball is big and blue, I'm rolling it right to you!
My ball is big and red, roll it to me instead!
Mother and Father and Uncle John
Mother and father and uncle John
went to town, one by one.
Mother fell off........
Father fell off........
But uncle John went on, and on,
and on, and on!
Whoops! Johnny
Johnny, Johnny, Johnny, Johnny,
Whoops! Johnny,
Whoops! Johnny,
Johnny, Johnny, Johnny
Janne......., Me........ You........
One Leg, Two Legs
One leg, two legs hot cross buns!
Right leg, left leg isn't this fun.
Wash the Dishes
Wash the dishes, Wash the dishes,
Ring the bell for tea.
Three good wishes, three good kisses,
I will give to Thee.
Bubble gum
Bubble gum, bubble gum in a dish,
How many bubble gums do you wish?
One, two, three, four, five.
10 Little Fingers
I have ten little fingers, (Extend ten fingers)
They all belong to me. (Point to self)
I can make them do things, (Wiggle them)
Would you like to see?
I can open them up wide, (Spread them apart)
I can shut them up tight, (Make fists)
I can put them together, and (Touch palms together)
Put them out of sight, (Put them behind back)
I can jump them high, (Raise hands above head)
I can jump them down low, (Lower them to floor)
I can fold them quietly, (Fold them)
And sit just so. (sit still)
This is Big
This is big, big, big.
This is small, small small.
This is short, short, short.
This is tall, tall, tall.
This is fast, fast, fast.
This is slow, slow, slow.
This is yes, yes, yes.
This is no, no, no.
There is some stuck inside this book
with a sniff... my nose can look
perhaps my ear can hear inside
from my eyes it can not hide
Where is nothing here what I can see
The think inside the book is me.
Shh, shh, shhh! (echo)
Whisper, whisper, whisper, whisper (echo)
The Moon
The moon is round like moon can be
two eyes, one nose and mouth like me.
Eyes Nose Cheecky Chin
Eyse nose cheecky, cheecky chin
Eyse nose cheecky, cheecky chin
Eyse nose cheecky, cheecky chin
Cheecky, cheecky chin nose eyes.
Hickory Dickory Dock
Are you ready to wake up your skin?
Hickory dickory dock,
The mouse tap up the clock.
The clock struck one,
(one clap with counting)
The mouse tap down,
tap-petty , tappetty
Hickory dickory dock.
Let's squeeze
Hickory dickory dock,
The mouse squeeze up the clock.
The clock struck two,
(two clap with counting)
The mouse squeeze down,
squeeze, squeeze, squeeze, squeeze
Hickory dickory dock.
Let's brush
Hickory dickory dock,
The mouse brush up the clock.
The clock struck three,
(three clap with counting)
The mouse went wheeee,
Hickory dickory dock.
Let's poke
Hickory dickory dock,
The mouse poke up the clock.
The clock struck four,
(four clap with counting)
The mouse said no more
Hickory dickory dock.
Circle on the floor
Circle on the floor.
Circle on my tummy.
Circle all around my had.
Isn't that funny.
Square on the floor.
Square in the air.
Square all around my had.
Tangling my hear.
Hands in the air
Put your hands in the air
and your hands on the ground.
Put your finger on the nose
and la..la… la..
Put you hands behind the had
and you elbows on your knees.
Put the chin in your hands
and say
The moon is made of cheese!
Turkey in the Barnyard
Turkey in the barnyard, what does he say?
Gobble, gobble, gobble all day.
Turkey on the table, what do you say?
Yummy, yummy, yummy all day.
Turkey in my tummy, what do I say?
I ate too much turkey on Thanksgiving Day! (hold your hand on your belly and make a pained face...the kids love this!)
My Turkey
I have a turkey, big and fat.
He spreads his wings
And walks like that. His daily corn he would not miss, And when he talks he sounds like this
Gobble, gobble, gobble.
Five Fat Turkeys
Tune: Frere Jacques
Five fat turkeys, five fat turkeys,
In the barn, in the barn
Gabble, gabble, gabble,
Wobble, wobble, wobble,
Run away, run away
Ten Little Bells
Ten little bells, hanging in a row.
The first one said, Ring me slow.
The second one said, Ring me fast.
The third one said, Ring me only once and
listen how long it will last.
The fourth one said, Ring me like a chime.
The fifth one said, Ring me on the right.
The six one said, Ring me on the left.
The seven one said, Ring me up so high.
The eight one said, Ring me down so low.
The ninth one said, Ring me, ring me everywhere.
The ten one said, Ring us all together!


text:
I Want To ...
For information in...
Find a Physician
From a family practitioner to the most sophisticated neurologists, JFK Medical Center's staff includes some of the most highly respected physicians in the northeast. For a referral to a JFK physician, click here.
Pediatric Emergency
(732) 321-7498
Pediatric Emergency Room at Hackensack Meridian Health JFK Medical Center
65 James Street
Edison, NJ 08818
Hours of Operation:
Seven days a week, 24 hours a day.
In an Emergency, Let Our Family Care for Your Family
Our patients come in all sizes.
But an emergency room can be a scary place for a child. The sights, the sounds, and the commotion can all be overwhelming. That's why JFK Medical Center offers a state-of-the-art pediatric emergency department that is geared toward the comfort of children and their parents. The pediatric ER also has a separate, private entrance so that children won't be exposed to adult health care emergencies that might overwhelm or frighten a youngster.
Our private emergency rooms are equipped with some of the most advanced technology available for diagnostics and treatment. Our 46,500 square foot space has 70 patient care treatment areas with walls and doors for privacy, safety, and comfort. We offer a comprehensive on-site laboratory, a radiology department, bedside registration, triage and treatment rooms for minor cases, and dedicated patient parking. And, of course, you have the wide range of services offered at JFK Medical Center if further treatment is needed.
Learn more about our Emergency Department.


text:
Pope Francis has been awarded the Charlemagne prize. Although the prize purports to reward whoever has done the most to promote European unity, in truth it seems to go to whoever has been the greatest traitor that year. Last year it went to Martin Schulz; this year to the Judas Pope.
The first ever recipient of this prize was Richard Coudenhove-Kalergi, who predicted that Europeans would be merged with brownskins, to be ruled over by a Jewish aristocracy.
The man of the future will be a mongrel. Today's races and classes will disappear owing to the disappearing of space, time, and prejudice. The Eurasian-Negroid race of the future, similar in its outward appearance to the Ancient Egyptians, will replace the diversity of peoples with a diversity of individuals.
From the European quantity-people, who only belief in numbers, the mass, two quality races rise up: blood aristocracy and Jewry. Separate from each other both of them stick to their belief in their higher mission, of their better blood, in the different ranks of the people. In both of these heterogenic merited races lies the core of the European nobility of the future: in the feudal blood aristocracy, as far as it did not let itself be corrupted by the farm, in the Jewish spiritual aristocracy as far as it did not let itself be corrupted by money [capitalism].
Coudenhove-Kalergi was one of the founders of the European Union. All through through the interwar years, he went about promoting the idea of a European confederation – absent Britain, it has to be said, he thought the British Empire would be a power of its own.
Source: New York Times, Pan Europe Idea Affects America, November 15, 1925
Coudehove-Kalergi's initiative received finance and support from Jews.
Jews Participate in Pan-europe Congress Sessions in Vienna
October 5, 1926 Vienna (Oct. 4)
(Jewish Telegraphic Agency)
Several Jewish European leaders took a prominent part in the first Pan-European Congress which opened here Sunday, when the movement to establish a United States of Europe, modelled after the United States of America, took definite shape.
The keynote of the Congress was sounded by Paul Loebe, president of the German Reichstag, and Francis de Laisi, a Frenchman, Count Richard Coudenhove Kalergi, an Austro-Japanese, who launched the movement in 1923, Rudolph Goldscheid and Bronislaw Huberman, who delivered the principal addresses.
Many individual European Jews are furthering the Pan-European movement by giving it financial support. Among the messages received from various countries were those from Luigi Luzzatti, Leon Blum, Georg Brandes, Georg Bernhard, Harry Warburg and Max Rheinhardt.
Count Coudenhove Kalergi, who is married to Ida Roland, a Jewess, when interviewed by the representative of the Jewish Telegraphic Agency here expressed his opinion that the Pan-European movement ought to find particular support on the part of the Jews who are scattered throughout the various countries in Europe. The creation of the United States of Europe would be beneficial to the Jews as it would eliminate racial hatred and economic rivalry, he said.


text:
Located opposite the waterfront, close to boat ramp and situated on 879m2, this home has a great deal to offer. Double brick construction and currently featuring dual living - Upstairs has 3 large bedrooms, spa bath, formal lounge and a lovely kitchen & dining area. A huge sun room accesses two of the bedrooms, with external staircase leading to a very large backyard, for the children and pets. Downstairs has two good sizes bedrooms, kitchen ,bathroom and water views from both levels - the list goes on!
Call Wayne 0408 424 138 to arrange inspection.
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text:
I recall a time when I wanted to be anyone else but me Because being me was painful to be So I set out to create my own reality My cup of tea As I started out the journey to my reality, I thought I'd found the real me along the way So I stopped and settled into this 'new' me, but this 'me' was no different, so I set out again. I kept each piece of me I found, within. All those pieces are scattered, colliding and causing trouble within. I need help organizing them, putting them in the correct order. This is an SOS message, someone please help.
19 Thursday Jan 2012
Posted Poetryin


text:
Comic-Con is a major entertainment event for interacting with consumers (fans). It is more than comic books as it attracts film, television, and video game companies. In addition to fan feedback, Comic-Con provides the publicity opportunity provided by any recognized convention. The attractive women who frequently wear provocative outfits at Comic-Con and other conventions are called "Booth Babes." These women are a form of public relations as their job is to attract attention and traffic to a booth. Companies pay large fees for booth and want floor traffic. Booth Babes work long hours and have to deal with sometimes "aggressive" constituents. It is not an easy and glamorous job but does have PR ties.
At the 2009 Comic-Con, EA (a major video game company) tried a questionable promotion related to Booth Babes. EA was trying to build interest in the release of game Dante's Inferno. The PG rated version of the marketing idea is presented below. Basically the idea uses social media and "sex" to attract attention.
Convention attendees were asked to "commit acts of lust" with booth Babes, photograph the acts, and post those to social media such as Facebook and Twitter. Here is a link so a sample reaction http://arstechnica.com/gaming/news/2009/07/ea-puts-sexual-bounty-on-the-heads-of-its-own-booth-babes.ars
The winner would get a date with two women and prizes. Surprise, the reaction online and in person was negative. The contest was viewed as encouraging sexual harassment of women just trying to do their often difficult jobs. The Bad Pitch Blog reviews the purposeful action angle http://badpitch.blogspot.com/. The marketing action created negative publicity for EA. Some think it was a publicity stunt not a marketing effort. The belief is that EA was subscribing to the belief that any PR is good PR even when the content is negative.
EA did need to address this action that could damage their reputation. This is an incident rather than a crisis but still has reputation ramifications. So PR was used to redress the situation. EA offered the following response:
"We apologize for any confusion and offense that resulted from our choice of wording, and want to assure you that we take your concerns and sentiments seriously. We'll continue to follow your comments and please let us know if you have any other thoughts or concerns. Keep watching as the event unfolds and we hope you'll agree that it was all done in the spirit of the good natured fun of Comic-Con." http://www.escapistmagazine.com/news/view/93429-EA-Apologize-for-Sin-to-Win-Wordinghttp://www.escapistmagazine.com/news/view/93429-EA-Apologize-for-Sin-to-Win-Wording
*To see the racier version of the marketing message try http://www.gamingangels.com/2009/07/sexism-and-the-eadantes-inferno-sin-to-win-contest/
*To learn about booth babes you can visit the link below to information by the G4 Network. they did a special about what the job is really like. Has links to more information and pictures: http://g4tv.com/thefeed/blog/post/697364/New-G4-Special-Looks-Deep-Into-Booth-Babes.html?utm_source=g4tv&utm_medium=rssfeeds&utm_campaign=TheFeed
Questions to Consider
- Why would this be an incident rather than a crisis?
- Do you agree or disagree that any publicity is good publicity? What lead you to your conclusion?
- How does this case illustrate the unique demands that come with public communication?
- What ethical issues do you see emerging from this case?
- How would you evaluate EA's response in the case? What informs your evaluation?
- If you were at a meeting where the idea and sample message were proposed, what would you have said and why?
- Why would people at EA have thought this was a good idea?
- In addition to promoting harassment, what other negatives do you seeing being created by this action?


text:
In a world where lean, six sigma and other methods of process improvement are becoming more prevalent and mainstream, how do companies differentiate themselves?
Why are some companies much more successful when they have the same strategies, technologies and processes?
It comes down to leadership.
Leadership creates the environment through behaviors and supporting mechanisms. A distinctive environment enables learning and improvement which in turn brings out the best in others.
Today, technology and strategies are constantly evolving, and accessibility and transparency is prevalent. The only constant is change, and its an organization's ability to adapt to change and constantly learn that is the true strategic differentiator.
It is for that reason that leadership is becoming increasingly important not just to create a lean organization, but to create a sustaining high performance culture.
In this presentation, listen to how MassMutual has approached lean and culture, and its focus on leadership development.
After all, lean without leadership is just a bunch of tools.
Dalton started deploying a Lean management system in 2011 going through every part of the organization. Having engaged leadership from the very start by defining what it means to run a lean organization, he is continuing this journey to drive their actions. Hear how he has:
Why not attendBusiness Transformation & Operational Excellence World Summit & Industry Awards (BTOES19) to network, engage and hear over 100 business transformation and Operational Excellence thought leaders.
BTOES19 takes place on March 18-22, 2019 at the luxurious. Loews Portofino Bay Hotel at Universal Orlando Resort®. Visit http://btoes.com/
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Ghanaian dancehall artiste, Shatta Wale claims it came out during a conversation he had with Nigeria's Korede Bello that Don Jazzy wants to meet him.
Shatta speaking on his performance at the Glo CAF Awards indicated that he met Korede at the event and as they spoke about a possible collaboration between them, Korede mentioned that ace Nigerian producer and founder of the Marvins Crew, Don Jazzy, had expressed his desire to meet him.
"…I spoke to Korede Bello and he was telling me that Don Jazzy wants to meet me and they always talk about me… so I told Bello that he should tell Jazzy that we wanna do a collabo and he was like 'anytime I'm ready'" the Kakai hit maker said on Pluzz FM's AM Pluzz.
Shatta Wale was the only Ghanaian musician to perform at the Glo CAF Awards held in Nigeria, Abuja. Others billed to perform included Ahmed Soultan, Wizkid, King Sunny Ade, Dija, Korede Bello, Flavour, Omawumi, Sammy Okposo, Bez and Ego.
The event is held annually to celebrate the continent's finest football stars.
Source: abrantepa.com


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But I'm getting ahead of myself here. If you'll bear with me, I'll start by quoting a long passage from this article:
'In 1979, when Jim Stigler was still a graduate student at the University of Michigan, he went to Japan to research teaching methods and found himself sitting in the back row of a crowded fourth-grade math class.
"The teacher was trying to teach the class how to draw three-dimensional cubes on paper," Stigler explains, "and one kid was just totally having trouble with it. His cube looked all cockeyed, so the teacher said to him, 'Why don't you go put yours on the board?' So right there I thought, 'That's interesting! He took the one who can't do it and told him to go and put it on the board.' "
Stigler knew that in American classrooms, it was usually the best kid in the class who was invited to the board. And so he watched with interest as the Japanese student dutifully came to the board and started drawing, but still couldn't complete the cube. Every few minutes, the teacher would ask the rest of the class whether the kid had gotten it right, and the class would look up from their work, and shake their heads no. And as the period progressed, Stigler noticed that he — Stigler — was getting more and more anxious.
"I realized that I was sitting there starting to perspire," he says, "because I was really empathizing with this kid. I thought, 'This kid is going to break into tears!' "
But the kid didn't break into tears. Stigler says the child continued to draw his cube with equanimity. "And at the end of the class, he did make his cube look right! And the teacher said to the class, 'How does that look, class?' And they all looked up and said, 'He did it!' And they broke into applause." The kid smiled a huge smile and sat down, clearly proud of himself.
Stigler is now a professor of psychology at UCLA who studies teaching and learning around the world, and he says it was this small experience that first got him thinking about how differently East and West approach the experience of intellectual struggle.
"I think that from very early ages we [in America] see struggle as an indicator that you're just not very smart," Stigler says. "It's a sign of low ability — people who are smart don't struggle, they just naturally get it, that's our folk theory. Whereas in Asian cultures they tend to see struggle more as an opportunity."
In Eastern cultures, Stigler says, it's just assumed that struggle is a predictable part of the learning process. Everyone is expected to struggle in the process of learning, and so struggling becomes a chance to show that you, the student, have what it takes emotionally to resolve the problem by persisting through that struggle.
"They've taught them that suffering can be a good thing," Stigler says. "I mean it sounds bad, but I think that's what they've taught them."
Granting that there is a lot of cultural diversity within East and West and it's possible to point to counterexamples in each, Stigler still sums up the difference this way: For the most part in American culture, intellectual struggle in schoolchildren is seen as an indicator of weakness, while in Eastern cultures it is not only tolerated but is often used to measure emotional strength.'
Thanks for reading the above passage. Honestly, I have some reservations about agreeing wholeheartedly with Stigler. After all, there are studies that show that Americans are one of the hardest working peoples in the world, at least in terms of number of hours spent in the office per week and number of vacation days taken in a year by the average American worker. We also know that many Americans hold in high regard the image of the self-made entrepreneur/businessman who built himself or herself up from zilch by struggling tooth and nail to get where he or she is today.
So it is perhaps too much of a generalization to say that Americans necessarily see struggle as a sign that one is not very smart. But maybe Stigler is trying to make a more specific point: Maybe what he's trying to say is that struggle in the classroom or in any kind of formal learning environment is commonly seen as a sign that you are not book-smart or academically inclined. After all, in high school, the kids who do well in math or science just "get it". At least that's how it looks from the outside. Actually, this picture seems to make sense: If nothing else, it might explain the anti-intellectualism that pervades so much of American popular culture. After all, if the book-smart people are people who just "get it" without having to struggle, then the rest of us common mortals who don't have the smarts simply have to suck it up, struggle, and hopefully make good through our struggles.
A bit simplistic, perhaps, but I think there is a grain of truth to this picture. And at the risk of reading too much into things and drawing connections that are not substantiated by hard data, I can't help feeling that Stigler's observations about eastern and western attitudes towards learning and struggle are also relevant to how Ashtanga is commonly perceived in the western yoga community.
As you probably know, Ashtanga practice is not easy. It involves deliberately making yourself do things that, for the most part, aren't glamorous or nice to look at (especially true if you are doing that seemingly interminable sequence of forward bends and hip-openers called primary series), and which are physically and mentally challenging. And whatever series you happen to be working on, you can be assured that a considerable amount of struggling is built into your practice: Indeed, it is no exaggeration to say that the entire point of the practice is to push you to your perceived limits and make you sweat and struggle. And of course, hardcore Ashtangis/sadomasochists do it six days a week.
Not surprisingly, Ashtanga isn't everybody's favorite style of yoga. There are lots of reasons for this, but one oft-cited reason is that Ashtanga is "boring", "repetitive", and "hard". The cynical part of me believes that at least some of these people who say that Ashtanga is not their cup of chai because it is boring and repetitive and hard are using the allegedly boring and repetitive and hard nature of Ashtanga to conceal their real reason for not liking Ashtanga: It makes them struggle. Or, perhaps more to the point, they are humiliated by the idea of having to struggle. Especially in yoga. After all, isn't struggle supposed to be anathema to yoga? If yoga is supposed to make you feel good about yourself and blissful and all that, wouldn't the very notion of struggling in yoga be an oxymoron? Furthermore, if you grew up in an educational culture that socializes you to see struggle as a sign that you are not "getting it" and are "not good at" something--whether that something is drawing a three-dimensional cube or calculus or Ardha Baddha Padma Paschimottanasana--it would be only natural for you to see Ashtanga practice and the way it makes you struggle (and struggle in public too, if you practice at a shala) as a systematic attempt at self-inflicted humiliation, as a needlessly brutal method of shredding your self-esteem to pieces day after day, week after week, and month after month.
Of course, if you have been practicing Ashtanga for a while, you will know that in a sense, shredding your self-esteem to pieces is the point of the practice. The practice breaks you down, and then builds you back up. And in the process, you come to recognize that what you thought was the shredding of your self-esteem is actually the destruction of your ego, something that needs to happen in order for something better to grow in its place. Creative destruction, if you will. But it's not always easy to see and appreciate this, especially when it's happening in the heat of practice... Speaking of which, I think I'm going to go make some dinner now, so I can go to bed early and get up early in the morning to have my self-esteem shredded all over again. More later.


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One of the biggest challenges for starseeds, albeit one that can take a lifetime to master, is grounding. They have come into the planet as very spiritual, old souls, but sometimes tend to forget those basic skills that help us get by in our day-to-day lives.
When you get grounded you can actually serve the planet. In other words, it takes the physical to create the physical. It's why we're here, to inhabit our body and enjoy being creative on Earth.
Psst: I know this isn't easy. I prefer being "up there", too. I have been so ungrounded that I DELETED my YouTube video about BEING grounded! *Rolls eyes* Read on for five important points.
1. Your environment is getting dirtier by the minute
Let's face it, no one truly enjoys scrubbing out the toilet or getting oil off the stove but there are ways to make this a lot easier. If you see more and more dust collecting, you are probably busy enjoying some latest theory on New Earth ecology instead of taking care of business. Perhaps it would help to turn on some loud music, put on cleaning gloves, get out the wipes and think about all the lovely extraterrestrial people that will feel more welcome in your home. Would you keep it like that if you knew a Galactic Federation Officer was coming? No. I recommend teaming up with others in the home and doing an entire cleanup together. Get some ecologically friendly soaps (or just ones that really work for you) and a scrubber while knowing this is going to get you amazing arm muscles.
2. You're too scared to talk
We all understand what stage fright is, but most of the time you're really not on stage. You're actually in the stage of your own mind, watching and analyzing yourself, instead of being in your heart and following how you really feel. Maybe your parents were authoritarian, oh well, there's no changing that! No matter how abusive people have been to make you shut down like that, you're going to have to use your voice or sign language at some point in order to manifest. Manifesting means turning your visions into actuality, it's turning wisdom into inspired action and using imagery to have a goal. Therefore, one of your goals could be to improve your speech -yes-, however, sometimes this means saying what is really on your mind. (I know that we are telepathic and waiting for the others to catch up. It's easier to speak to animals and crystals, but we're here to help the humans, by the way!) Start off with writing, recording your voice or finding a good friend to share with over the internet. If these don't work, try talkspace.com or 7 Cups (it's free and you can even talk to a chat-bot).
3. You're super addicted to weed
A lot of star people buzz around this topic and while I don't believe plants did anything to anybody because people are the ones that mess everything up, one needs to learn to be in life. Medicines are used as crutches, for inspiration and for healing, not to escape from making moves. Sure the peace pipe is there to heal relationship matters and help you be yourself, but doing it "just to be cool" with zero intentions for discovering YOU (not the Simpsons) can get you lost in the sauce. (Yes, lots and lots of greasy-and-salty junk food Sunday's, munch munch munch!) An Uber driver in Reno, Nevada, complained how "everyone can't drive now that cannabis has been legalized." In my opinion, while I'm no expert on this topic, I do feel that people who are lazy minded need to stop and obviously drive sober. If you know you have no intention to develop your brain, try tuning out with music instead because you won't be able to handle the simple things in life like telling your significant other how much you love them, for instance! (And for the love of God please stop texting while you are driving.) You can also try CBD oil, switch strains or work with an herbalist who can show you how to make your own natural teas.
4. You, your child or pet keeps getting sick
One thing that spiritual people tend to learn the hard way is focusing on the health of their bodies. With all the scary vaccinations, horrific processed food movies and dairy research, it's no wonder people call in sick. Sometimes our brains can make us think things that don't exist or scare us into really bad decisions.
While floating around, you could be missing out on vital nutrients. For instance, because raw veganism is so trendy these days, one woman took it to the extreme to prove herself until her three-year-old was declared malnourished by the doctor. The boy was third-world-thin and fainting. She was also obsessed with her love relationship handing over the child care to the grandmother who got the boy back to life. With granny, the boy got on a whole foods diet and I saw him swinging along happily in a shopping cart, thank goodness. I say this is ungrounded because it reminds me of people who were barefooting in the snow around December 21, 2012. It reminded me of an emaciated "life coach" who did sungazing and got so high she told people that "rainbows on your eyelash means you are part of the indigo tribe" (no, it means that you got press-ons at Mardi Gras). There's nothing cool about starving, lying or hypothermia and the same thing goes for the myriad of pets that Americans "rescue" every year. People, if you want to save a four-legged creature from euthanasia, will you at least walk your dog? No one wants you to bring them back to life if you are just going to give them cancer or let them run around until their leg gets bitten off by a pitbull because you are busy stroking your ego from running a commune. Common sense is a virtue, no matter what you eat, no matter who you love! Look into Buddhism!
5. You're always upset and don't know what to do
Here is a beautiful secret that made me feel better: most people do not know what they want. This is because they are focused on the physical mind and have to open up the subconscious mind. I highly, highly recommend the Abraham-Hicks teachings for this one because it will show you where you are on the emotional guidance scale, and once you identify how you are feeling, you can choose to think a better thought and move up from there. This can really help people who are at the bottom because the choice you make now will affect your brain chemistry. You can also do brain-training if you are in a good place and need to learn more advanced techniques like focusing.
All in all, it's these easy choices we make that can really help us to move along. I am constantly reminded by Spirit to say to my clients that they need to meditate ten minutes a day. Did you know there are people who cannot hold focus for longer than six seconds? This is how distracted we can be. So go ahead, simplify, toss out the old ways and make a decision. Even if you are "okay" with being in the spirit world and think all of this is a terrible suggestion, ask yourself if things will change once you go back.
~Krista Raisa
Psychic Medium, Author, Artist


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Happy Halloween! It's kind of an anticlimactic day here in Sofia. I was out and about today and I saw a couple of teenagers kind of dressed up–one wearing a mask and the other a black pointy witch's hat. And frankly, this was more than I expected seeing as this is a country that doesn't celebrate Halloween. More or less, it's a day just like all of the days that have come before it.
The thing is I don't really miss Halloween. It's a lot of pressure to figure out what you are going to be for Halloween; not to mention the time you spend actually worrying about a costume, putting the costume together and then hoping that you can pull it off.
What I do miss is celebrating Halloween in DC. It wasn't until today that I realized the big thing I am going to miss is 1324-o-ween. (more…)


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Fivefold increase for smartphone battery life?
Smartphones that need daily charging could become a thing of the past, if a recent study is anything to go by.
Published in the journal Nature, the research suggests that the development of lithium-oxygen batteries could finally pave the way for longer-lasting smartphone power. For many, this lack of battery life is one of the key gripes with the technology.
In some ways, battery life is the last major problem to overcome in the smartphone market. Everything from software to handset design has been coming on in leaps and bounds for years, with batteries unable to keep up with the increasing demands on their power – which is why phone batteries these days tend to fade so quickly.
This new technology could solve the problem by revisiting an old idea. Lithium-oxygen batteries have been theorised before, but until now the lithium superoxide was thermodynamically unstable.
According to the new research, this problem has been solved by using a graphene-based cathode to stabilise the crystalline lithium superoxide, and could result in a smartphone battery that lasts five times longer than those currently in use.
In an official statement, co-author of the study Larry Curtiss said: "This discovery really opens a pathway for the potential development of a new kind of battery.
"Although a lot more research is needed, the cycle life of the battery is what we were looking for."
So, even if further research bears fruit, these kinds of batteries won't be used in phones for a while yet.
This is not the only hopeful news of improved battery life to surface recently. Just last month, Japanese site Nikkei revealed that work is underway at Sony to create a phone battery that could last 40 per cent longer than the lithium batteries used in handsets today.
This would be a sulphur battery, which, like the lithium-oxygen battery, hasn't been possible previously due to technical issues. With the sulphur battery, the issue is that with each charge they dissolve electrodes – a problem that Sony seems to have successfully countered with an electrolyte solution.
However, again it seems consumers will have a while to wait before these make their way into handsets – assuming further testing proves them to be successful.


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Tanski scores twice, moves Battalion within a game of their first OHL finalNHL.com @NHLdotcom
BRAMPTON, Ont. - The Brampton Battalion are one win away from their first ever appearance in the Ontario Hockey League final.
Scott Tanski broke a 2-2 tie at 3:25 of the third period and added a needed insurance goal as the Battalion held off the Belleville Bulls 4-3 Tuesday to take a 3-1 series lead in their Eastern Conference Championship series.
They really took it to us for the first half of the game," Brampton coach Stan Butler said."Thomas McCollum gave us a chance to stay in it and once (Matt) Duchene scored late in the second our energy level was a lot better. Belleville's a very good defensive team and to score three goals like that in a period is a credit to our players."
Belleville opened the scoring at 4:03 of the first period on Nick Palmieri's first goal of the game.
They added to their lead on the power play 3:04 into the second period when Bryan Cameron beat Thomas McCollum to give the visitors a 2-0 lead.
Brampton got some life at 17:54 of the second period when Matt Duchene beat Belleville goalie Mike Murphy, reducing the deficit to one goal.
The Battalion pulled even 2:00 into the third period on a Thomas Stajan goal, paving the way for Tanski's pair.
Palmieri made it a one-goal game with his second of the night at 19:06, making for some anxious moments fro Brampton in the final seconds.
"I thought for 35 minutes we did exactly what we needed to do," said Belleville head coach George Burnett. "We played a smart, simple, straightforward 35 minutes and then we got outworked. We stopped winning face-offs and stopped pressuring the puck."
McCollum turned aside 17 of the 20 shots while Murphy made 20 saves on 24 shots.
The two teams meet in Belleville for Game 5 on Thursday night.


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The Emory Symposium on Coronary Atherosclerosis Prevention & Education
Here's a shoutout to my friend and colleague, Dr. Larry Sperling.
The renowned Emory Heart Center of the Emory University School of Medicine will be holding its 13th annual Emory Symposium on Coronary Atherosclerosis Prevention & Education June 4-8, 2014. This year's event, which is titled "Emory Escape 2014", will be held at the OMNI Amelia Plantation on lovely Amelia Island, Florida..
The challenge
Cardiovascular disease remains the number one cause of death of men and women in the United States, and is a major cause of disability. The American Heart Association has a stated goal to reduce deaths from cardiovascular disease and stroke by 20% by 2020. In order to achieve this goal, physicians and clinicians must gain the knowledge, skill and resources to integrate the latest research and clinical guidelines in the context of their own practice.
The event
At ESCAPE attendees will hear nationally renowned speakers discuss the recently released, 2013 ACC/AHA guidelines on hypertension, blood cholesterol, obesity, healthy living and risk assessment. In addition, there will be one day dedicated to lectures on CV prevention in "special population" patients, including patients with HIV, PCOS, breast cancer, connective tissue disease and post renal transplant. There will also be lectures on electrophysiology, interventional cardiology, heart failure, tobacco cessation, and women's heart health. This conference will close the knowledge gaps between national guideline goals, practice, and research. Physicians and clinicians will have the opportunity to discuss with the speakers and other attendees how these principles can be applied to patient care in the context of their own practice in order to decrease cardiovascular disease risk.
In addition to the extensive educational curriculum, events will include pre-meeting workshops, an attendee and spouse session and a family social and cookout.
Who should attend
Cardiologists, internists, family practitioners, emergency medical personnel, primary care physicians and nurses can all benefit from this conference.
Register online at www.eccri.emory.edu/escape – registration deadline May 4th
Call 1-800-THE-OMNI to make room reservations.
Hosted by: Emory University School of Medicine Department of Medicine Division of Cardiology.
Learn more about preventive cardiology at www.preventivecardiologyinc.com.
Learn more about essential vitamins and supplements at www.vitalremedymd.com.


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Single origin dark chocolate created with fine flavour cocoa from Udzungwa park in Tanzania. Combined with cocoa nibs. This superior quality bar holds notes of orange and toffee. Certified vegan dark chocolate.
Dietary Information
Flavour profile
- Acidity
- Bitter
- Fruit
- Roast
Cocoa content
Cocoa Origin
- Tanzania
Cocoa Estate
- Udzungwa Park


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Presentation of Interedition at COSTThursday, September 20th, 2007
On September 19th we presented the Interedition initiative to the Executive Group for the COST Domain of Individuals, Societies, Culture and Health. We do like to think it was a success. The committee members were clearly very knowledgeable about the content of our proposal and had taken it in with great interest, they seemed to show considerable enthusiasm. We think we answered there questions, which were accurate and to the point, to their satisfaction.
We understand that we now have made it into the last round, were just 6 of a total of 411 projects are invited to make a case for themselves. Of the these 6 probably 3 or 4 will receive funding. So, our chances have now risen to a tantalizing 50% at the least. Let´s keep our fingers crossed a little while longer.
In mid October we´ll receive a first indication. By mid November a final decision will be communicated.
The powerpoint presentation is amended to this post.


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Québec Court of Appeal Recognizes Implied Obligations in Franchise Agreement: What Does This Really Mean?
On April 15, 2015, the Québec Court of Appeal released its long-awaited decision in Dunkin' Brands Canada Ltd. c. Bertico inc., 2015 QCCA 624. The Court applied its earlier decision in Provigo[1] in conjunction with the "theory of implied obligations" and the "duty of good faith" prescribed by the Québec Civil Code ("C.C.Q.") to read into the franchise agreement, an implied contractual obligation on the part of the franchisor to protect and enhance its brand and found that it had manifestly failed to do so. The Court affirmed the lower-court's decision on liability, but reduced the damages award.
Relying heavily on the unique facts of this case and the long-term, "relational nature" of franchise agreements, the Dunkin case confirms the implied obligations of franchisors under the C.C.Q. to enforce the terms and spirit of their franchise agreements and further reaffirms the obligation of good faith incumbent on both parties to support their "collaborative arrangement" in a manner that reflects the intention of the parties. After summarizing the background to the case and the Court of Appeal's decision, we provide some practical take-away points.
The story of this case began in the mid-1990s when Tim Hortons became a fierce competitor in the Québec fast-food and coffee industry. In 1996, the franchisees alerted the franchisor that the brand was collapsing and required the franchisor to establish a strategy to reclaim lost ground. The franchisor introduced a rejuvination plan of sorts, that included, among other initiatives, a new corporate image program which offered franchisees a financial incentive if they committed to renovate their stores. However, in order to receive the financial incentive, franchisees were required to sign a release barring them from bringing a lawsuit of any kind against the franchisor.
The measures proposed by the franchisor's plan did not produce the expected results and many franchisees closed their stores. In 2006, a group of twenty-one (21) franchisees brought an action against the franchisor seeking the termination of their lease and franchise agreements and damages for loss of investment and loss of profit.
As we discussed in a previous post,[2] in June 2012, after a 71 day hearing and additional evidence on damages, the trial judge awarded $16,4 million to the franchisees for the damages caused by the franchisor for its failure to fulfill its obligations over a ten-year period.[3] The trial judge ruled that imposing such releases in these circumstances was abusive and should be annulled given the circumstances in which the franchisees gave their consent.
The Court of Appeal Decision
The key issues before the Court of Appeal were:
- Whether the trial judge erred in finding that the franchisor was bound by an implicit obligation to protect and enhance the brand;
- Whether the trial judge erred by imposing an obligation on the franchisor to guarantee the success of its franchisees in the Québec market; and
- Whether the trial judge erred in annulling the releases.
- An implicit obligation of means to protect and enhance the brand
The Court of Appeal agreed with the trial judge on the obligational content of the franchise agreements. Indeed, it considered that the franchisor was not only bound by the express terms of the agreements, which were found to "support the judge's view that the franchisor would protect and enhance the value of the brand", but also bound by obligations that could be implied into the agreement under the C.C.Q. as being incidental to the "nature of the franchise agreement" and implied obligations of good faith.
The Court of Appeal ruled that given the nature of a franchise agreement, the obligations to enhance and protect the brand are implicit to franchise agreements such as Dunkin's franchise agreement, which are based on long term relationship and trust, pursuant to article 1434 C.C.Q. According to the Court, "the obligations owed by the franchisor were not only those explicitly stated in the agreements but also implicit obligations that flowed from the nature of the franchise agreement". In the case at hand, these obligations arose from the role of the franchisor in overseeing the on-going operation of the network and the uniform system standards found in the franchise agreements.
According to the Court, the franchisor was empowered by the terms of the franchise agreement to play a very active role in, among others areas, "choosing appropriate franchisees and approving new acquirers of existing franchises, of advising franchisees at the start of the venture, of offering assistance to them along the way to be sure that each franchisee respected the system upon which the reputation on the brand rested". The Court, explaining the reason why such an implicit obligation arose from the agreement, stated: "in this sense, the agreement was a "relational" one which, as is often the case in such long-term arrangements, "did not spell out all of its terms".
The Court of Appeal also relied on the implied obligation of good faith and the duties to assist and cooperate in concluding that the franchisor had a contractual obligation to its franchisees to "combat a competitor who, in the longer term, threatens the value of the brand ".
- Content of the implicit obligation to protect and enhance the brand
In terms of the content of the franchisor's contractual obligation, the Court of Appeal stated that the obligation of the franchisor to enhance and protect its brand is not an obligation "to guarantee the franchisee's success or insulate them from competition" but to take "reasonable measures to protect and enhance the brand". In that regard, the Court reviewed the lower Court's consideration of the franchisor's efforts, and supported the lower Court's findings that they were insufficient in the circumstances and were ultimately nullified by its years of alleged neglect and defaults.
The Court of Appeal nevertheless recognized that franchisor and franchisees may have divergent interests and in such context it is important "not to exaggerate the content of the implied obligation of good faith and its attendant "duty to collaborate"". In order words, "the pursuit of these divergent interests is possible, but only within the parameters of the terms of the contract and the implied obligation of good faith".
- A valid cancellation of the releases
The Court confirmed the validity of the cancellation by the trial judge of the releases signed by the franchisees after 2000 to obtain the contributions for the stores renovations.
At trial, the franchisor contended that the releases were freely agreed to by the franchisees and alleged that signing the releases was an ordinary commercial decision. The trial judge disagreed, finding that the releases were abusive and considered that "the necessary consent was missing or vitiated".
On appeal, the Court of Appeal focused on the standard of review, noting that the question of whether consent had properly been given was a question of fact subject to review on a standard of overriding and palpable error. The Court of Appeal held that no overriding and palpable error of fact had been made and noted that "in these circumstances, misrepresentations can be grounds of nullity of contract pursuant to article 1401 C.C.Q.".
The Takeaways
Although the findings in this case are potentially significant for franchisors operating in Québec, it is important to emphasize that this case presented unique facts and the reasonableness of the franchisor's behaviour will always be assessed in accordance with the individual circumstances of the case. In Dunkin, there were clear findings of fact to the effect that the franchisor effectively failed to take any meaningful steps to respond to the collapse of its brand in the regional market despite numerous pleas for assistance from its franchisees.
Under the analysis in Dunkin, it appears that the obligations to enhance and protect the brand will be implied in many franchise agreements. However, on this point, the full scope of Dunkin remains unclear. At paragraph 65 of the decision, for example, the Court noted that there was "no express term [in the agreement] that would have ousted the implied obligations", which suggests that drafting clarity on this issue may be sufficient to provide certainty going forward. Franchisors should review their franchise agreements in Québec with their legal counsel to reduce their potential liabilities under the implied obligations and to provide commercial certainty.
Since the Court of Appeal decided that the obligations to enhance and protect the brand was focused on whether the franchisor took reasonable steps in the circumstances, franchisors operating in Québec might consider developing legal compliance programs with their internal and external counsel to clarify the role of the franchisor. Such programs might contain a monitoring component for franchisee feedback on market conditions, a consultation component for ongoing dialogue with franchisees on market solutions, and a documentation component to ensure that all efforts, including enforcement measures taken against underperforming or delinquent franchisees, a noted criticism of the franchisor in the Dunkin case, are properly documented in a way that could be used effectively in litigation.
In closing while the Dunkin case will undoubtably be received with mixed reviews for its affirmation of implied duties on franchisors, it may, perhaps unintentionally, also serve as an added tool for franchisors to, now defensibly, take decisive enforcement action against non-compliant franchisees. Who wins, and who loses from this decision will ultimately remain to be seen!
[1] Provigo Distribution inc. c. Supermarché A.R.G. inc., [1998] R.J.Q. 47.
[2] https://www.mccarthy.ca/article_detail.aspx?id=5968
[3] Bertico inc. c. Dunkin' Brands Canada Ltd., 2012 QCCS 2809.


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text: Philosophy of art is traditionally concerned with the definition, appreciation and value of art. Through a close examination of art from recent centuries, Art and Phenomenology is one of the first books to explore visual art as a mode of experiencing the word itself, showing how, in the words of Merleau-Ponty, "Painting does not imitate the world, but is a world of its own". Including an extensive selection of full colour reproductions, Art and Phenomenology is essential reading for anyone interested in Phenomenology, aesthetics, and visual culture.


text: 1 Collaborative Professional Serving modesto Click on a name for more details. Sign up online to list your practice in this directory. Check up to 10 acceptable professionals to propose to another party. Submit at the bottom of the page. Acceptable Jim W Hildreth (888) 877-3189 MEMBER OF: Mediating Real Estate Disputes, Bay Area, Central Valley & The Mother Lode. Private Mediations , ADR "Neutral" for Superior Courts of California, Alameda, Amador, Calaveras, El Dorodo, Fresno, Kings Merced, Solano, Stanislaus, Tulare & Tuolumne Counties. Ombudsman, Mediator. California Association of Realtors Mediator Serving Norther California. A ... more 79 N Washington Street Sonora, CA 95370 USA (888) 877-3189 Fax: (209) 396-3985 Email | Website


text:
NOVA DOWNFEED ATTACHMENT FOR VULCAN (SKU 83820)View Product
NOVA VULCAN DVR METAL WORKING VARIABLE SPEED DRILL PRESS WITH HYBRID MILL FUNCTION BUNDLE WITH DOWNFEED ATTACHMENT (SKU 83821)View Product
NOVA VOYAGER DVR 18″ VARIABLE SPEED DRILL PRESS (SKU 58000)View Product
Headstock Guard Comet II (SKU 46002)View Product
NOVA LARGE BOX REST (SKU 9094 AND 71021)View Product
Visit our YOUTUBE Channel
Videos of NOVA products (including using specific features), product overviews, videos from fans and Behind the Scenes
LAtest News
We will be closed Friday April 26
We will be closed to update our computer systems on Friday April 26. If you have any urgent inquiries please contact us today tomorrow or Thursday. We will be up and running again on Monday April 29. – The Teknatool Team
New National Distributor for UK and Ireland
NOVA and Craft Supplies UK is excited to announce a new partnership to distribute NOVA products throughout the UK and Ireland. This new partnership will immediately unlock two NOVA machines, the NOVA Saturn and the NOVA Voyager and will provide a high level of customer service and support for NOVA products in the UK and Ireland. All NOVA products are now available through Craft Supplies UK dealer network.
Find your NOVA Dealer in the UK and Ireland
Read the press release
Website: https://www.turners-
Scroll Chuck Basics
Learn how a four-jaw scroll chuck can simplify the process of mounting bowl blanks by eliminating the need for a faceplate. A scroll chuck is a very helpful tool to have when turning bowls on a lathe. In this case, we take a closer look at the Nova G3 four-jaw, self-centering scroll chuck.
Nova Chucks Safety Advisory
Safety Advisory! Please only use authentic NOVA accessories on your NOVA chuck. Using non genuine NOVA and copies of accessories could lead to operation and safety issues. It will also void our market leading warranty. NOVA accessories are designed for use only on NOVA Chucks. Please do not use on any other chuck.
' Typical Nova quality. My new Spigot jaws grip tight and don't let go. "
David on his new 35mm Spigot Jaws on his NOVA Chuck.
' Awesome Lathe!….I have turned several pens, razors, shaving brushes, rolling pens and various other small projects. It just works i have had zero problems. the tax stock and the drive were perfectly inline. The variable speed and reverse options work great! The chuck won't back off if the set screw is tightened this makes sanding super easy! I have no complaints "
Tylers Wood works on their NOVA Comet II Mini Lathe.
' Just what I was needing to turn a bowl. Easy to install and use. Fit perfectly. As a beginner at wood turning I couldn't have asked for a better experience with this product "
Hattie Potter on her NOVA G3 Chuck.


text:
Last night one of my friends called me around 11:30pm but I accidentally hit the decline button because I was in bed and Justin was asleep. I immediately hopped out of bed and tried to call them back but I got no response after trying to call them back a few times, so I went back to bed.
Earlier this morning I got another phone call from the same friend, this time I was able answer and my friend proceeded to tell me that they were trying to call me the night before because their significant other attacked them. They told me all of the details and I was just beside myself that I didn't hit accept when they tried calling last night.
Thankfully my friend was not seriously injured physically but the emotional damage has been done and they have, rightfully so, been a complete wreck since the incident. I've been doing my best to be supportive and do whatever my friend needs me to do (Mainly trying to not get too angry, so I don't get upset and upset them more) but I know not everyone may have someone to turn to during a situation like this. So I just wanted to post so links to different helplines...
National Domestic Violence Hotline
PO Box 161810
Austin, Texas 78716
Phone: 1-800-799-7233
Battered Women's Justice Project
c/o National Clearinghouse for the Defense of Battered Women
125 South 9th Street, Suite 302
Philadelphia, PA 19107
Toll-Free: 800-903-0111 (Ext. 3)
Phone: 215-351-0010
Fax: 215-351-0779
Health Resource Center on Domestic Violence
Family Violence Prevention Fund
383 Rhode Island Street, Suite 304
San Francisco, CA 94103-5133
Phone: 800-313-1310
Fax: 415-252-8991
National Coalition Against Domestic Violence
NCADV's Main Office
One Broadway, Suite B210
Denver, CO 80203
Phone: (303) 839-1852
Fax: (303) 831-9251
National Network to End Domestic Violence
1101 S Street NW, Suite 400
Washington, DC 11009
Phone: 202-543-5566
Hotline: 1-800-799-7233
Fax: 202-543-5626
National Resource Center on Domestic Violence
Phone: 1-800-537-2238
TTY: 1-888-Rx-ABUSE; 1-800-595-4889
Fax: 717-545-9456
Resource Center on Domestic Violence, Child Protection and Custody
P.O. Box 8970
Reno, NV 89507
Office: 775-784-6012
Phone: 800-527-3223
Fax: 775-784-6628


text:
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Last updated: 9 Nov 2018
Terms and Conditions of use
for Navmii, Navmii World, Navfree, Navmii Dashcam and CoCar
This licence agreement ("
) is a legal agreement between you ("
or "
") and Navmii Publishing Ltd of G01 Power Road Studios, 114 Power Road, Chiswick, London, W4 5PY ("
" or "
" or "
") for this application product ("
Licenced Application
1. Grant and scope of licence
1.1 In consideration of You agreeing to abide by the terms of this Licence, We grant to You a non-exclusive, non-transferable licence to use the Licenced Application on the terms of this Licence.
1.2 You may:
1.2.1 download, install and use the Licenced Application for Your private purposes on any mobile or table device that You own or control:
1.2.2 receive and use any free supplementary software code or update of the Licenced Application incorporating "patches" and corrections of errors as may be provided by Us from time to time.
1.3 The terms of the Licence will govern any upgrades provided by Us that replace and/or supplement the original Licenced Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.
1.4 The Licence includes and incorporates the terms of the
Privacy Policy
1.5 For the avoidance of doubt, You must not visit or use this Licenced Application for the purpose of commercial gain which includes, without limitation, using this Licenced Application as part of advertising which may result in revenue generation or personal gain, selling goods to a third party, copying, reproducing, distributing, publishing, transferring, licensing, selling commercially, exploiting, or duplicating any element of this Licenced Application whatsoever.
2. Licensee's undertakings
2.1 Except as expressly set out in this Licence or as permitted by any local law, or the licencing term governing the use of open sourced components included within the Licenced Application You undertake:
2.1.1 not to distribute or make the Licenced Application available over any communication network where it could be used by multiple users/or devices at the same time;
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2.1.6 to replace the current version of the Licenced Application with any updated or upgraded version or new release We provide under the terms of this Licence;
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4. Collection of Anonymous Aggregated Information
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5.1 We may collect the information set forth in Sections 3 and 4 above even if you are not logged in to the application.
5.2 You should be able to adjust the settings on your iOS mobile device to prevent our collection of Location Information by disabling the location services feature on your device. You should be able to adjust your settings on your Android mobile device to prevent our collection of Location Information by disabling Bluetooth and Location.
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7.3 The integrity of this Licenced Application is protected by technical protection measures ("
) so that Our intellectual property rights, including copyright, in the Licenced Application are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
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8.5 Certain services may display, include or make available content, data, information, applications or materials from third parties ("
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") or provide links to certain third party web sites. By using the services, You acknowledge and agree that We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
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Without prejudice to Clause 7.4, neither We nor You shall under any circumstances whatever be liable to each other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
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provided that this Clause 7.2 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of Clause 6 or any other claims for direct financial loss that are not excluded by Clause 7.1.1 to 7.1.8 inclusive.
9.2 Subject to Clauses 7.2 and 7.4, if either You or We fail to comply with this Licence, neither You nor We shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Licence.
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9.3.4 breach of section 2 of the Consumer Protection Act 1987; or
9.3.5 the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.
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10.1.2 a petition for a bankruptcy order to be made against You has been presented to the court; or
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. We may give notice to You either through the Licenced Application or at the e-mail address You provided to Us if you have registered with us. Notice will be deemed received and properly served immediately when posted in Our Licenced Application, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Licence that is caused by events outside Our reasonable control ("
Force Majeure Event"
13.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
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13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; or
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under this Licence is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under this Licence may be performed despite the Force Majeure Event.
14. Waiver
14.1 If We fail, at any time during the term of this Licence, to insist upon strict performance of any of Your obligations under this Licence, or if We fail to exercise any of the rights or remedies to which We are entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
14.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
15. Severability
15.1 If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Third Party Rights
16.1 No one other than a Party to this Agreement their successors and permitted assignees, shall have any right to enforce any of its terms.
17. Claims Management Activity
17.1 Jack will operate as a trading style of Help U Claim Ltd which has a CRM number of 20051. Help U Claim will receive a non-prohibited referral fee of £500 plus VAT for every successful claim taken on by the panel solicitors when you contact them directly via the app and they take on and win your case for compensation.
18. Entire agreement
18.1 This Licence and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the licensing of the Licenced Application.
18.2 You acknowledge that, in entering into this Licence (and the documents referred to in it), you do not rely on any statement, representation, assurance or warranty ("
) of any person (whether a party to this Licence or not) other than as expressly set out in this Licence or those documents.
18.3 We and You agree that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in this Licence.
18.4 Nothing in this Clause 15 shall limit or exclude any liability for fraud.
19. Law and jurisdiction
19.1 This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.
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text:
Bitten By the Bug 2 has a new challenge starting today !!!
Please click on the link to join in the fun, can't wait to see what you create!!!
The theme for the new challenge is
"Be Creative"
Here is my card, I hope you like it!!!
I used Dream Big, Bits & Pieces, Basic Shapes, Bohemina Wedding Font.


text:
Harka Bahadur Chhetri has decided to raise the issue of granting land rights to tea garden and cinchona plantation workers in the hills, a move which is likely to increase his sphere of his influence beyond Kalimpong.
Chhetri, who didn't obey Gorkha Janmukti Morcha president Bimal Gurung's directive to resign as the Kalimpong MLA and instead quit the party, has till date found support largely in the Kalimpong subdivision with his demand for upgrading the subdivision into a district.
Chhetri's decision to raise the land right demand has the potential to challenge the Morcha even in Kurseong and Darjeeling subdivisions where 80 of the 87 tea gardens in the hills are located.
The Kalimpong legislator told The Telegraph over the phone today: "We have decided to form a parja patta (land right) committee and by December-end, we will organise meetings in Darjeeling and Kurseong. The dates have not been finalised. We want land rights for workers and their families in tea gardens and cinchona plantations."
Chhetri said he had already spoken to top state government officials on the demand informally and the response had been positive. "The Gorkhaland slogan is a grand one and it has swept away all other basic issues since the mid-80s," said the MLA.
The Morcha's major support base lies in the tea gardens and the cinchona plantations where more than 70 percent of the hill population resides.
Tea gardens' land is leased out by the state government to individuals or companies and the lease has to be renewed every 30 years. The state is the owner of the tea gardens' land. However, the workers and their families who have been residing in tea plantations for generations since the 1850s do not have land rights.
In the past, the Morcha and the Communist Party of Revolutionary Marxists (CPRM) have raised the land right demand but it has never been turned into a major movement in the hills.
The cinchona plantations are under the directorate of cinchona and medicinal plantation, which is a state undertaking. Like in tea gardens, the workers of cinchona plantations have no land rights.
Chhetri who is known to be close to chief minister Mamata Banerjee, hasn't taken up the land right issue with her.
Told about Chhetri's land right demand, Roshan Giri, the general secretary of the Morcha, said: "It has always been our cause and he is only trying to hijack it. Our trade union is consistently raising the land right issue. (TT)