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MASTER CO-BROKER AGREEMENT GOVERNMENT SERVICES This Agreement ("Agreement"), made this ___ day of ______________, 20__, by and between Menlo Worldwide Government Services, LLC ("Menlo"), a Delaware corporation, in its capacity as a broker arranging for motor carrier transportation of property for shipments goods and materials for the United States Government pursuant to a contract, number HTC711-07-D-0032, between Menlo and the U. S. Government ("Prime Contract"), and ________ in its capacity as a broker arranging for motor carrier transportation of property ("Broker"), provides as follows: 1. CARRIER SERVICES In the course of its overall business as a broker/logistics company, Menlo arranges for the transportation of freight and products owned or controlled by the United States Government (the "Government") for the benefit of the Government, and, accordingly, Menlo agrees to award to Broker to arrange for transportation, and Broker shall arrange for motor carriers ("Motor Carrier") to transport in a timely manner, shipments of such products ("Broker Services") pursuant to this Agreement. Broker acknowledges and agrees that the performance of Broker Services hereunder shall be subject to the Unique Requirements as hereinafter set forth. 2. SCOPE OF SERVICES 2.1. Territories and Commodities. The geographic scope for commodities transported hereunder shall be as set forth in a Schedule of Carrier Government Services and Exhibits thereto, attached to this Agreement and incorporated herein by reference. In addition, the Government has unique service requirements and obligations ("Unique Requirements") which are applicable to this Agreement. Such Unique Requirements are set forth herein and in one or more Exhibits to the Schedule of Broker/Motor Carrier Services attached hereto. The Schedule of Carrier Government Services, Exhibits thereto, and any Addenda must be approved in writing by authorized representatives of both Menlo and Broker in order to be effective. Except as otherwise provided herein, any reference to this Agreement shall be deemed to include the Schedule of Broker Services, Exhibits thereto, all effective Addenda, and any governing publications or schedules expressly incorporated therein. For shipping lanes or Broker Services not included in the Schedule of Broker Services attached hereto, Broker will be compensated at such rates as the parties may mutually agree to in writing under the terms of Menlo's then current Spot Buy documentation or program in effect at the time of any such shipment. 2.2 Brokers/Subcontractors. Broker shall not offer or tender any shipment or other Broker Service hereunder to any broker or third-party logistics company for purposes of arranging delivery of Government shipments awarded to Broker under this Agreement. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page 1 of 15 Broker shall not subcontract any Broker Services or transportation services to a Motor Carrier without giving prior written notice to Menlo and obtaining from an authorized representative Menlo's written consent to use any such subcontractor. Any such awarding or tendering of shipments or subcontracting shall not affect Broker's responsibilities or liabilities to Menlo or the Government under this Agreement. Broker is and all times shall remain primarily liable to Menlo and the Government for each and every shipment made under this Agreement. As among Menlo, the Government and Broker, all costs of rendering the Broker Services (including compensation of Motor Carriers and other subcontractors as well as payment of all taxes or other governmental assessments imposed on Broker) shall be borne solely and exclusively by Broker. Broker agrees and acknowledges that Broker is and shall at all times be solely responsible to pay for any such Motor Carrier and other subcontractor services. Broker shall defend (including payment of reasonable attorney's fees and costs), indemnify and hold harmless Menlo and the Government from and against any claims for direct or duplicate payments claimed to be due to any contractor used or engaged by Broker. In the event that a Motor Carrier or other subcontractor engaged by Broker makes a claim against Menlo or the Government for freight charges not otherwise paid by Broker, Menlo or the Government may, in their sole discretion, withhold payment of freight charges to Broker in the amount claimed to be due such contractor, together with an additional amount equal to fifty percent (50%) of the sum claimed by the Motor Carrier or other subcontractor, as and for reimbursement to Menlo or the Government for expenses incurred in responding to and protecting against such claim(s). Furthermore, in using such Motor Carriers or other subcontractors, Broker covenants and warrants that Broker will only use those Motor Carriers and other subcontractors who do and will provide service to Broker in a manner and under such terms and conditions as are consistent with those of this Agreement, including any Unique Requirements, and that Broker's written agreement with each contractor shall include a provision whereby the contractor waives and releases any claim the contractor may otherwise have against Menlo and/or the Government related to any services provided by contractor to Broker pursuant to the terms of the separate agreement between them. Broker shall indemnify, defend and hold harmless Menlo and the Government from and against any claim, action, demand or damages, including reasonable attorney fees and costs, incurred by Menlo or the Government, related in any manner to and resulting from the use by Broker of any Motor Carrier or other subcontractor. 2.3 Type of Shipment. This Agreement shall apply to both less-than-truckload ("LTL") and truckload ("TL") shipments pursuant to the terms in the Schedule of /Carrier Government Services and Exhibits or any Addenda relative to the specific requirements relating to each such shipment. 2.4. Non-Exclusivity of Broker Services. Neither Party intends to give the other Party any exclusive rights or privileges under this Agreement. Except as otherwise provided in this Agreement, either Party may contract with or otherwise provide service to any other motor carrier, broker, other intermediary or shipper. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 2 - of 15 3. RATES, CHARGES, TERMS AND CONDITIONS FOR SERVICES 3.1 Rates and Charges. As full and complete payment, Menlo will compensate Broker at the rates and charges, including any accessorial charges or surcharges, set forth in the Rate Exhibit to the Schedule of Carrier Government Services, and such amounts shall be the sole and exclusive compensation for rendering the Broker Services. No shipment awarded by Menlo to Broker shall be subject to rates or charges or other terms and conditions set forth in any tariff, rate schedule, service guide or the equivalent type of publication maintained by Broker or any Motor Carrier, unless those rates and charges or other terms are expressly set forth in the Rate Exhibit to the Schedule of Carrier Government Services. The Rate Exhibit to the Schedule of Broker/Carrier Government Services shall also set forth miscellaneous terms, conditions and business rules for specific Broker Services (if applicable). 3.2 Invoicing and Payment. Except as otherwise may be provided in the Exhibits to the Schedule of Carrier Government Services, the following invoicing and payment terms and procedures shall apply to all Broker Services: (a) Broker shall present complete and correct invoices to Menlo for Broker Services within ten (10) days of the delivery of the entire shipment at destination. (b) Menlo shall remit payment of invoices within five (5) days of receipt of confirmation of delivery and a proper invoice. The Carrier shall participate in the US-Bank PowerTrack billing and payment system or follow on system. Information regarding PowerTrack capabilities can be obtained by accessing the US-Bank website http://www.usbank.com/powertrack or by contacting US-Bank at 1-612-973-6156. In order to be considered for award, the Carrier must be PowerTrack enabled and is responsible for payment of any US-Bank fees or service charges. (c) Menlo shall have the right to set-off charges otherwise due Broker hereunder as to any claim under Sections 2, 9,11, and any Unique Requirements hereof or as to any other undisputed or liquidated claim attributable to Broker. (d) Menlo shall have the right from time to time to audit any and all freight charges and invoices by Broker, and Broker shall cooperate fully with such audits. (e) Broker waives any lien right(s) it might otherwise acquire by law or otherwise relative to any shipment of product for all sums due and payable to Broker hereunder, whether for prior or current shipments. (f) Broker agrees and acknowledges that only Menlo, and not the Government, is obligated to pay Broker for any freight charges in accordance with this Agreement. Broker's only recourse for the payment of freight charges hereunder is to Menlo and not to the Government. Broker waives any and all claims, including any lien rights, Broker may have against the Government for payment of freight charges. 4. TERM AND TERMINATION f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 3 - of 15 4.1 Initial Term and Renewal Term. The initial term of this Agreement shall be for a period of one (1) year beginning on the date first set forth above ("Initial Term"). At the end of the Initial Term, and at the end of each renewal term thereafter, this Agreement shall automatically renew for another successive renewal term ("Renewal Term") of equal length. 4.2 Right of Early Termination. Notwithstanding the provisions of the preceding Paragraph, this Agreement may be terminated by either Party under the following circumstances: (a) At any time after six months from the date hereof, either Party may terminate this Agreement, without cause, upon thirty (30) days' written notice from the terminating Party to the non-terminating Party. (b) If either Party shall be required to cease and desist from performance hereunder as the result of any provision of law, including any cancellation, suspension or termination of Broker's operating authority or of any Motor Carrier engaged by Broker, as a result of any order of any court, commission or other public authority or in the event that Broker and/or any Motor Carrier engaged by Broker shall fail to at all times: (1) comply with any applicable law or regulation related to the Broker Services or Motor Carrier services performed hereunder; (2) in the case of Motor Carriers, maintain at all times a DOT safety rating of "Satisfactory" or equivalent designation; (3) maintain insurance coverage as herein provided; (4) protect the safe and secure transportation and delivery of each shipment hereunder, (5) fail to keep and fulfill any Unique Requirements, and/or (6) violate the terms of Section 2.2, then in such event Menlo may terminate this Agreement upon one (1) day's written notice to Broker. (c) By either Party upon notice that either Party hereto has filed a petition for or declared bankruptcy, reorganization or requested similar relief from its creditors, the other shall have the right, subject to applicable federal bankruptcy law, to continue to enforce this Agreement or to terminate it immediately upon ten (10) days' written notice to the bankrupt or insolvent Party. Each Party agrees that it shall not assert any claim that it may have to assume this Agreement, under such circumstances, without the express written approval of such assumption by the other. 5. LEGAL STATUS OF PARTIES AND SERVICES 5.1 Representations. Broker represents and warrants that it is duly registered with Federal Motor Carrier Safety Administration ("FMCSA") as a broker of property in interstate and foreign commerce pursuant to 49 U.S.C. § 13902 and that all Motor Carriers engaged by Broker to perform transportation services hereunder shall be duly registered with the FMSCA as a motor carrier of property in interstate and foreign commerce pursuant to 49 U.S.C. § 13902. Broker shall render all Broker Services in a competent and professional manner, and in accordance with all applicable federal and state laws and regulations of the jurisdiction(s) within which the Broker Services are rendered. Menlo represents and warrants that it has full authority to award shipments for Broker Services under this Agreement. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 4 - of 15 5.2 Contract Carriage. Each Motor Carrier engaged by Broker pursuant to this Agreement shall be a motor carrier of property in interstate or foreign commerce and transportation services shall be rendered as contract carriage within the meaning of 49 U.S.C. §§ 13102(4)(B) and 14101(b). Broker hereby expressly waives and any Motor Carrier engaged by Broker shall waive all provisions of Chapters 137 and 147 and any other provisions of Subtitle IV, Part B of Title 49, United States Code, to the extent that such provisions are in conflict with express provisions of this Agreement. The Parties do not, however, waive the provisions of that subtitle relating to registration, insurance, or safety fitness. 5.3 Relationship of parties. The relationship of Broker to Menlo is that of an independent contractor. By this Agreement, the Parties do not intend to provide for division of profits between Broker, and Motor Carrier engaged by Broker, Menlo, the Government and/or any Menlo Customer, or to create any joint venture between Broker, Menlo, the Government and/or any Menlo Customer, or otherwise to create a de facto or de jure joint enterprise or partnership between Broker, Menlo, the Government and/or any Menlo Customer. Under no circumstances shall employees or agents of Broker be deemed employees or agents of Menlo or the government, nor shall Menlo or the Government be liable for any wages, fees, payroll taxes, assessments or other expenses relating to employees or agents of Broker. 6. FREIGHT DOCUMENTATION The terms of this Agreement, including the Schedule of Services, Exhibits and Addenda, shall apply to all shipments awarded to Broker within the scope of this Agreement and, except with respect to a government bill of lading, shall take precedence over any conflicting terms contained in any bill of lading, receipt or other transportation document (Shipment Document) issued for any shipment awarded by Menlo to Broker within the scope of the Broker Services. Except as otherwise permitted by the Unique Requirements, Schedule of Carrier Government Services, the Shipment Documents shall show Menlo as the bill-to Party for freight charges, shall not show Menlo as the shipper, consignee or motor carrier, and shall not show any entity other than Broker or the Motor Carrier engaged by Broker as the carrier. 7. CARRIER'S TRANSPORTATION OBLIGATIONS AND COVENANTS During the Initial Term of this Agreement, and any Renewal Term thereof, Broker covenants, represents and warrants that at all times Broker shall ensure that the Motor Carrier engaged by Broker shall: (a) Provide at each point of origin, as designated by Menlo, such equipment, including tractor units and trailers ("the motor vehicle equipment"), consistent for such purposes, in good and safe operating condition to transport Government goods hereunder. (b) Provide the transportation services described herein promptly, efficiently, and safely with reasonable dispatch so as to meet Menlo's delivery schedules, including f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 5 - of 15 those shipments designated as "hot" or "expedited" whereby Menlo has timely notified Broker of the need for expedited delivery and, after such notice, Broker elects to arrange to transport such shipment for delivery as requested. (c) Provide duly and lawfully qualified personnel to operate the vehicles and perform the transportation services as required under this Agreement. (d) Ensure that all motor vehicles, including trailers, used to transport product hereunder are in good and suitable operating condition so as to avoid any loss of or damage to product in loading and unloading or while in transit. Broker agrees that all trailer equipment shall be clean and not contaminated and will not have been used previously to transport garbage, trash, or solid or liquid waste or any other articles, whether hazardous or non-hazardous, which might taint or otherwise contaminate Government goods. (e) Without the prior written consent of Menlo, Broker or any Motor Carrier engaged by Broker will not use the name of Menlo and/or any Customer of Menlo or the Government in any advertising or publicity releases relative to the Broker Services provided hereunder. (f) Broker agrees to cooperate with Menlo in order to facilitate and implement the use of EDI data systems, compatible with the parties' respective computer and interchange hardware and software. (g) Broker will take all necessary and proper precautions and actions to protect each shipment, and the products included therein, from theft, vandalism or other criminal activity. (h) Comply at all times with the Unique Requirements. 8. INSURANCE 8.1 Broker shall obtain and maintain in effect during the term of this Agreement the following types of insurance in at least the minimum amounts set forth below. All such insurance will be written on a primary basis and be required to respond and pay prior to any other available coverage: (a) Cargo Liability insurance with limits of liability not less than One Hundred and Fifty Thousand Dollars ($150,000) per occurrence or in such greater amount as may be required by regulatory bodies having jurisdiction; (b) Commercial Automobile Liability insurance with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence, or in such greater amount as may be required by regulatory bodies having jurisdiction; (c) Worker's Compensation coverage as required by statute and Employer's Liability insurance with limits of liability not less than Two Hundred and Fifty Thousand Dollars ($250,000) per person/per accident / per occupational disease, or as required by law in the jurisdiction in which the Broker resides; (d) Commercial General Liability insurance written on a current ISO standard form or its equivalent providing extended coverage including but not limited to, blanket contractual liability; personal injury and advertising liability; fire legal liability; broad form property damage liability, including completed operations; additional persons f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 6 - of 15 insured (employees); and extended bodily injury coverage; with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence; and, (e) Any other insurance required by the DOT, or any other governmental agency whose rules and regulations may apply to the Broker's performance of services under this Agreement. 8.2 Broker shall furnish Menlo with a certificate of insurance in a form satisfactory to Menlo evidencing that the coverage required in this Section 8 is in effect. Such certificate shall reflect that the policies described under (b), (d) and (e) above have been endorsed to name Menlo as an additional insured, and that such policies shall provide Menlo with at least thirty (30) days' notice prior to cancellation, material change, or non renewal. Broker and the Motor Carrier engaged by Broker shall cause its insurance carrier to provide Menlo with a waiver of the insurer's rights of subrogation against Menlo with regard to the coverages stated in paragraph 8.1 above. All insurance as required in this paragraph shall be maintained with reliable insurance companies having a Best rating of A-VII or better. 8.3 All insurance policies will contain a severability of interest provision in favor of Menlo or a full and complete breach of warranty endorsement to the effect that the insurance coverage will not be invalidated with respect to the interest of Menlo by any act, failure to act, or neglect of Broker which is in violation of the terms and conditions of such insurance. 8.4 Broker shall ensure that the activities and operations of Motor Carriers utilized by Broker in the performance of this Agreement are covered by the same limits of insurance provided herein and that such contractors will comply with and will provide proof of compliance therewith to Menlo of the insurance requirements of Broker in favor of Menlo as set forth in this Section 8. 9. CARRIER'S LIABILITY FOR LOSS OR DAMAGE 9.1 Notwithstanding Section 5.2 hereof, Broker shall be liable to Menlo and/or the Government for loss of or damage to any product shipped hereunder ("Freight Claim") for not less than the actual loss or injury to the property transported under a government bill of lading pursuant to the Prime Contract while the property is in the possession of Broker and/or the Motor Carrier engaged by Broker. Broker shall not be liable to the extent such loss or damage is caused by an act of God, of a public enemy, of a public authority, of the shipper, or due to the inherent vice or nature of the goods. For purposes of liability only, freight that is consolidated onto a single conveyance will be considered a shipment. The liability of Broker is further limited as follows: a. For shipments weighing less than 15,000 lbs, the Subcontractor is liable to the Government for the lower dollar amount of $50,000 or the actual amount of the loss and/or damage to the property. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 7 - of 15 b. For shipments weighing 15,000 lbs or more, the Subcontractor is liable to the Government for the lower dollar amount of $150,000 or the actual amount of the loss and/or damage to the property. For shipments that are transported via multiple conveyances, such as multiple rail cars, the Subcontractor is liable per conveyance. Authorized shipper personnel may elect to declare and establish cargo liability in amounts higher than stated above through the provisions of Cargo Liability of Carrier ("LIE") in Appendix B – Accessorial Codes – of the Prime Contract, which shall be applicable to Broker. In such instances when authorized shipper personnel request LIE, the Broker shall be liable for the increased declared value. When Menlo is permitted and able to obtain in the normal course of business from a transportation provider liability terms more favorable to the Government (as the shipper) than those noted above, those more favorable terms govern the liability of the Broker to the Government. The term "full value" shall mean and be calculated on the basis of the retail price of product at the time of shipment, (without limitation of any kind or nature), together with transportation charges applicable to the kind and quantity of product so lost or damaged. Broker agrees and acknowledges that no shipment hereunder is or shall be subject to any limit on the amount of Broker's liability for any freight claim hereunder, except as provided herein. To the extent that Broker, or anyone acting on behalf of Broker, asserts any such limitation, Broker waives and shall be estopped from asserting any such limitation contrary to the terms of this provision. 9.2 The Government is a third party beneficiary of this Agreement, which authorizes the Government to enforce the cargo liability terms of this contract. Subcontractor acknowledges that positive and negative incentives impacting Menlo under Menlo's Prime Contract with the Government depend on the ability of Menlo to facilitate the resolution of Government claims for loss or damage to property in a timely and satisfactory manner. Broker acknowledges that Menlo will seek to resolve Government claims as an independent contractor, not as an agent of the Government. Broker agrees that it will not assert any type of lien on any property shipped under this contract. Additionally, the Government (or designated agents) reserves the right to retrieve/seize DoD freight from Menlo and its facilities and its subcontractor's facilities and conveyances when such freight has been frustrated, or otherwise delayed due to labor unrest, work stoppages, bankruptcy, disasters, and other abnormal events beyond Menlo's operational control. Broker shall provide notice to authorized Government personnel and to Menlo within five (5) days of initial identification of loss or damage. When a shipment cannot be delivered due to damage, loss or refusal at destination, Broker shall contact Menlo. Menlo will work with authorized Government personnel for disposition instructions. If the loss or damage is attributable to Broker under the standard of liability herein, the cost of additional transportation, storage, and/or redelivery shall be treated as a Government claim against the Broker. Unless the Government claim has been paid, Broker shall provide notice to authorized Government personnel and to Menlo within thirty (30) days of the receipt of a Government claim, acknowledging receipt and identifying any documentation or other information about the claim that is required for resolution. Within 120 days of receipt of a Government claim, Broker shall pay the claim in full to authorized Government personnel or provide notice to authorized Government personnel and to Menlo either that it declines the claim in full f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 8 - of 15 or that it offers a partial payment as a firm compromise settlement of the claim. Broker shall have no rights to salvage. Broker acknowledges that the Government may respond to unresolved claims through litigation, through set off on some future contract between the Government and Broker, or through other means. The Government may proceed under the government bill of lading or as a third party beneficiary of Broker's contract with Menlo or through other means, as permitted by law. 10. CUSTOMS AND SECURITY REQUIREMENTS Broker shall be responsible for ensuring compliance with all customs and security laws that are applicable to the Transportation Services either domestically in the United States or for import or export to or from the United States. 11. INDEMNIFICATION; NO CONSEQUENTIAL DAMAGES 11.1 Except as otherwise provided below, Broker shall protect, defend, hold harmless and indemnify Menlo and/or the Government and their respective directors, officers, employees, and agents (hereinafter collectively referred to as "Indemnitee") from and against: (a) Any and all claims made against any Indemnitee by or on behalf of Broker's employees, agents or subcontractors for wages or salary, as well as any other compensation or payments, including overtime resulting or claimed to have resulted, in whole or in part, from services provided to Menlo by any of Broker's Motor Carriers, or their respective agents or contractors hereunder; and/or, (b) Any and all penalties for fines of any nature and character (except those penalties or fines which are caused solely by the Government) which may be sought to be enforced against an Indemnitee by reason of an alleged violation by Broker, as well as Broker's Motor Carriers, and their respective agents or contractor, of any federal, state, or municipal law, rule or regulation related to Broker's or Broker's Motor Carriers transportation services; and/or, (c) All claims, demands, actions or causes of action which may at any time be brought against any Indemnitee because of death or injury to persons, including Broker's or its Motor Carrier's and their respective employees, agents or contractors, or damage to property (except with respect to cargo loss or damage under Section 9 hereof) which may arise from or in connection with: (1) the maintenance, use or operation (including loading and unloading by Broker, Broker's Motor Carriers, their respective agents or contractors or any motor vehicle or allied equipment in performance of services under this Agreement; and/or, (2) any and all acts or omissions of Broker, Broker's Motor Carriers, and their respective agents, employees or contractors in providing the transportation services to be provided under this Agreement; and/or, (d) Any and all other claims made by or on behalf of the Government or a Menlo Customer against any other Indemnitee, if such claim arises from the transportation services provided by Broker, Broker's Motor Carriers or their respective agents or contractors under this Agreement. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 9 - of 15 (e) Any obligation to indemnity hereunder shall include any and all costs, expenses and reasonable attorneys' fees incurred or payable by any Indemnitee in settling such claims or penalties or fines or in investigating or defending against same. (f) Notwithstanding any provision in this Agreement stating or implying to the contrary, Broker shall not be obligated to indemnify or hold harmless any Indemnitee hereunder to the extent that any such penalty, fine, claim, action, and/or cause of action contemplated by this Section 11 is caused by the sole negligence of such Indemnitee. 11.2 Except as otherwise specifically provided in this Agreement and Schedules, Exhibits or Addenda hereto, neither Party shall be liable to the other for any indirect, consequential, special and/or punitive damages (such as, but not limited to, loss of profits, loss of market, loss of customer goodwill, assembly line shutdowns, or punitive or exemplary damages), regardless of whether the claim for such damages sounds in contract, tort, breach of warranty, consumer fraud, or otherwise. 12. FORCE MAJEURE If Menlo is prevented from or delayed in performing any of its obligations under this Agreement by reason of statutes, regulations or orders of a governmental entity (including actions taken by a court or by law enforcement officials), or because of war, terrorism, acts of God, labor disturbances, civil unrest, or any cause beyond the reasonable control of Menlo, Menlo shall not be liable to Broker for damages by reason of any delay or suspension of performance resulting from such legal restraints or force majeure. 13. CONFIDENTIALITY Except to the extent required by law, neither Party shall disclose to third-parties (other than to (i) any Affiliate Company (as hereinafter defined) or (ii) to freight bill auditors, prospective capital providers, and outside professionals if such parties agree to similar confidentiality terms) either the terms of this Agreement or any confidential or proprietary information either Party learns about the other in the course of performing Broker Services under this Agreement, including but not limited to software, business methods, customer lists, or the rates, valuation, origin, destination and consignee identity for any shipment within the scope of the Broker Services. 14. MISCELLANEOUS 14.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United States where applicable, and otherwise, with the laws of the State of California. The parties hereby submit to jurisdiction and venue in the United States Federal District Court for the District of Northern California (San Francisco or San Jose Divisions) or as applicable depending upon jurisdiction, the Superior Court in and for the County of San Mateo, State of California. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 10 - of 15 14.2. Dispute Resolution. In the event of any material dispute ("Dispute") which may arise between the parties relative to the services provided hereunder, including performance, or lack thereof, by either Party, and/or for any freight claims hereunder, and as a condition precedent to any other remedy herein, the parties agree to: (a) Initially, and as soon as practicable, meet and confer with each other in order to reach, to the extent possible, voluntarily resolution of said dispute by giving written notice to the other designating any officer or manager with appropriate authority to be its representative in negotiations relating to the dispute. The designated persons shall, promptly, following whatever investigation each deems appropriate, but in no event later than ten (10) days after notice, enter into discussions concerning the dispute. (b) In the event that such voluntary efforts are not successful in resolving the dispute, the parties agree to submit the matter to mediation before a mutually agreed upon mediator. If the parties are unable to agree upon such appointment within twenty (20) days after the first meeting, either Party may apply to Judicial Arbitration – Mediation Services ("JAMS") in San Francisco, California for the appointment of a member of such organization to serve as the mediator. The parties shall bear their own costs and fees incurred in such meet and confer and mediation procedures, and the fees and costs of the mediator and of obtaining any such appointment shall be shared equally by the parties. For disputes having a value of Ten Thousand Dollars ($10,000) or less, the decision of the mediator shall be binding in the parties for all purposes. (c) Should any of the options described in (a) or (b) above fail to resolve any dispute hereunder, the parties shall submit the matter to binding arbitration. Such arbitration shall be conducted, at Menlo's option: (a) under the rules then in force of the Judicial Arbitration and Mediation Services ("JAMS"), including one or more arbitrators as the parties may agree; or, (b) the parties may proceed to arbitration in accordance with the ADR rules and procedures promulgated by the Transportation Lawyers Association, a nonprofit corporation. Any decision may include any remedy contemplated by this Agreement and any allocation of the administrative fees and expenses of such arbitration deemed just and equitable to the arbitrator. All communications, statements, documents provided, expert opinions, expert reports or offers to compromise are confidential and may not be disclosed without written consent of the Party making the statement or offering the information. The arbitrator may award the prevailing party in any arbitration reasonable attorney's fees and costs. 14.3. Notices. Any Notice required or permitted under this Agreement shall be deemed sufficient if sent by prepaid first-class mail, by a nationally recognized overnight courier, or by facsimile transmission or by E-mail, if such Notice is sent to the address or fax number of or Email address of, and marked to the attention of the individual identified in the signatory provision of this Agreement as the Designated Notice Representative(s). Notices shall be considered to have been received by the addressee Party on the third business day after mailing, on the first business day after deposit with an overnight courier, or on the day a facsimile is transmitted if the sending machine produces written confirmation of a successful transmission or an E-mail f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 11 - of 15 acknowledgement from the Designated Notice Representative. Each Party may change its Designated Notice Representative, or update the contact information for such individuals, by Prior Notice to the other Party in accordance with this Section 14, and without formal amendment of this Agreement under paragraph 14.4. 14.4. Entire Agreement; Amendments. This Agreement represents the entire agreement and understanding of the Parties with regard to its subject matter. No prior understandings or agreements of the Parties, whether written or oral, nor any documents not specifically incorporated into this Agreement, nor any course of conduct of the Parties before or after the Effective Date of this Agreement, shall have the effect of modifying the Parties' rights and obligations under this Agreement in any way. Except as provided in paragraph 14.3 with regard to changes in Designated Notice Representative and contact information and listings, no amendment to this Agreement shall be valid unless it is set forth in writing, specifies the sections, paragraphs and/or Attachments being amended, specifies an effective date for the amendments, and is signed by an authorized representative of each of the Parties. 14.5 Ownership of Documents and Software. All documents, reports, memoranda, drawings, specifications, photographs and other tangible information (hereafter, "Documents") provided by each Party to the other shall remain the valuable property of the Party providing such Documents. Each Party shall have exclusive rights to all software and software products solely developed and owned by them, including that software developed to facilitate the services hereunder. Neither Party shall have any right, title or interest in any trademarks or tradenames or other intellectual property (the "Intellectual Property") owned, used or claimed now or in the future by either of them. Neither Party shall advertise to any third-party the existence of the Agreement without the prior written consent of the other. 14.6. Severability. To the extent that any provision of this Agreement may be held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall become ineffective as to all matters within the jurisdiction of that court. The court's ruling shall not be treated as affecting the validity or enforceability of any other provision of this Agreement, nor as affecting the validity or enforceability of any part of this Agreement in other jurisdictions. 14.7. Waiver. Neither the failure of a Party to exercise any right, power or privilege under this Agreement, nor its delay in any such exercise, shall operate as a waiver of that right, power or privilege. No such waiver shall be binding on either Party unless it is in writing and signed by a Designated Notice Representative of the Party against which the waiver is asserted. No such waiver on one occasion shall preclude subsequent full enforcement of a Party's rights, powers and privileges under this Agreement or at law or in equity. 14.8. Successors and Assigns. This Agreement shall be binding on, and shall inure to the benefit of, both Parties as well as their respective successors and permitted assigns. Assignment of this Agreement by either Party requires prior notice to and f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 12 - of 15 written consent of the other Party, except that either Party may assign and transfer this agreement and rights and obligations hereunder to any parent company, or to a wholly owned subsidiary of its parent company whether such ownership be direct or indirect through intermediated corporations ("Affiliate Company"), provided such Affiliate Company agrees in writing to comply with all terms and conditions of this Agreement. 14.9 Counterparts. This Agreement may be executed in one or more counterparts, any and all of which shall constitute one and the same instrument. 14.10 Captions. The captions and headings set forth in this Agreement are for convenience only. They shall not be considered a part of this Agreement, nor affect in any way the meaning of its terms and conditions. 14.11 Unique Requirements. Menlo has entered into Prime Contract No. HTC711-07- D-0032 (hereinafter "Prime Contract") for the management of transportation services with the Government and the following Unique Requirements shall be applicable to this Agreement: a. Certificates. Broker shall furnish to Menlo, upon request, any certificate required to be furnished by any provision of this Agreement, including any clauses incorporated by reference herein, and any certificate required by any future law, ordinance, or regulation with respect to the Broker's compliance with the terms and provisions of such law, ordinance, or regulation. b. Prohibition against Payment of Gifts and Gratuities. Broker warrants that no part of the total amount paid to the Broker hereunder shall be paid directly or indirectly to any officer or employee of the United States Government as wages, compensation, or gifts. c. Debarred, Suspended, or Proposed for Debarment. Broker warrants that Broker is not currently debarred, suspended, or proposed for debarment by any federal or state agency, and that it shall promptly disclose to Menlo, in writing, should Broker be suspended, debarred, proposed for debarment, or otherwise be declared ineligible for participation in federal or state procurement or nonprocurement programs. d. Government Decision under Prime Contract Affecting Agreement. Notwithstanding any other provision hereof, any decision of the Government Technical Representative or Contracting Officer under the Prime Contract that binds Menlo will, upon being communicated to Broker in writing, bind Broker to the extent that it relates to this Agreement. e. Equal Opportunity. During the performance of this Agreement, Broker agrees to comply with the Equal Opportunity provisions of the Prime Contract in accordance with FAR 52.222-26. f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 13 - of 15 f. Notice of Service Contract Act Applicability. The Prime Contract and this Agreement are subject to FAR 52.222-41, Service Contract Act (SCA) of 1965, as amended. Contractors shall obtain and download the applicable wage determinations for all areas of performance on-line at the following Department of Labor (DOL) website: www.wdol.gov. The DOL wage determination at point of origin of a trip to transport DTCI freight (head-out point) will apply during the entire trip, regardless of how many cross-docking stops, or other stops are made during the trip, so long as the transportation provider continues to transport DTCI freight. Once the last piece of DTCI freight is off-loaded and the transportation provider is no longer performing DTCI services, the trip ends for purposes of application of the SCA wage determination under the DTCI contract. g. Defense Priority. The Prime Contract is subject to FAR 52.211-14, Notice of Priority Rating for National Defense Use, thereby this Agreement and any Work allocated to the Broker under this Agreement will be DO rated order certified for national defense use under the Defense Priorities and Allocations System (DPAS) (15 C.F.R. 700), and the Broker will be required to follow all of the requirements of such regulation. h. Federal Government Flow-Down Clauses (1) Federal Government Flowdown Clauses. Broker shall be subject to and bound by those FAR, FAR Supplement, or Agency Acquisition Regulations and the Procurement Integrity Act clauses and provisions which are binding by law upon all federal Contractors and their Subcontractors, including but not limited to all mandatory flowdown clauses. Such clauses and provisions are made a part of this Agreement and the Broker agrees to notify Menlo in writing of any known, potential, or actual conflicts of interest or violations of law or regulations, which may arise hereunder. For the convenience of the Broker, the applicable federal government flowdown clauses are identified as Exhibit A to the Schedule of Carrier Government Services, and are incorporated by reference, with the same force and effect as if they were given in full text. (2) Government Certification and Representations. Broker shall be subject to and bound by the Representations and Certifications and must execute Representations and Certifications that reflect adherence to government procurement ethical and socio-economic rules. These rules are grounded in statutes and government policies and prescribe conduct for both Menlo and Broker and Broker's employees. The Representations and Certifications are included as Exhibit B to the Schedule of Carrier Government Services and are hereby incorporated by reference. 14.12 Broker shall incorporate into each agreement with a Motor Carrier to provide transportation services hereunder the terms of Sections 2, 4, 5, 6, 7, 8, 9, 10 and 14.11 of this Agreement 14.13 Broker represents and warrants that it is a Small Business as such term is defined in FAR 52.219, that it has and will fulfill all requirements imposed upon it f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 14 - of 15 by virtue of such status, and that it will notify Menlo within 24 hours of the time when Broker shall cease to be qualified as a Small Business. WHEREFORE, the Parties have executed this instrument as their legally binding agreement as of the Effective Date first written above. MENLO WORLDWIDE GOVERNMENT (BROKER) SERVICES, LLC (BROKER) _______________________ By: ___________________ By: _____________________ Printed Name: ________________ Printed Name: _______________ Title: _______________________ Title: _______________________ Address: ____________________ Address: ____________________ Telephone: _________________ Telephone: ___________________ Facsimile: _________________ Facsimile: ___________________ Email: ____________________ Email: _______________________ Designated Notice Representative: Designated Notice Representative __________________________ _______________________ f1a5246e-982f-4b2c-937d-e7f0d20c9c42.DOC Page - 15 - of 15
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Why one expert thinks making Karmaloop an exclusive, upscale retailer might save it from bankruptcy.
The Successful Celebrity Guide to Grooming
Scarves are deeply personal, and it really depends on what else you wear. I reckon you can't go wrong with navy (or any
solid color) cashmere or lamb's-wool plain knit, with a feltlike handle and shortish fringed yarn ends.
This is all about context. I could recommend a finely tailored two-piece suit — no lumberjack would be caught dead in
that — but might I ask: If you don't want to be confused with a lumberjack, why the full bushy beard and why are you
hanging out in the mountains?

subset: commoncrawl


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Rubber-Plastics News
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13th Floor Haunted House – Chicago
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- 1940 George St. Melrose Park, IL 60160
- www.13thFloorChicago.com
Chicagoland's Ultimate Halloween Haunted House experience! Featuring a massive 30,000 square foot, indoor location in Melrose Park! The 13th Floor is consistently rated one of the top haunted houses in the nation by numerous national media outlets, such as, USA Today, MTV, Discovery Channel and many more! This Halloween Season experience the haunted house that everyone is talking about, experience the 13th Floor!
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text: Deals Japan's Softbank chatting with U.S. rivals Add to ... Reuters Published Friday, Oct. 12 2012, 6:47 AM EDT Last updated Friday, Oct. 12 2012, 6:53 AM EDT Sprint confirmed it is in talks with Japanese mobile carrier Softbank- but the chatter on Wall Street is that the real prize lies in one of Sprint's investments. Watch More Video: The all-weather, no-brainer strategy for investing in bonds Are BlackBerry's quarterly results sign of a turnaround? Obama takes aim at payday loans Future Shop stores close across Canada The first quarter's star and dog have a location in common, but not much else Market Call Tonight: Top picks from Contra The Heard's Benj Gallander Cirque du Soleil: Who could the suitors be? Saudi-led strikes hit oil markets Airlines review procedures after crash Market Call Tonight: Top picks from Sprott's John Wilson New Kraft-Heinz giant has international aspirations Investors cheer Kraft-Heinz deal Market Call Tonight - Top Picks from Morgan Meighen's Michael Smedley Breaking down the Heinz, Kraft merger deal Frustrated by low interest rates? How to find better returns Why the U.S. dollar could be overpriced The real reason Nokia blew the smartphone battle U.K. inflation hits historic low Drawing Conclusions: What's the true cost of moving? H&M braces for dollar headwinds Comments AA More Related to this Story Seal the Deal Video: How to sell in a brave new digital world Market View Video: Market View: Why the housing market might be worse than expected


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Dennis L Dunkentell (1964 - 2001)
Biography & Family History Add details
Dennis L Dunkentell (1964 - 2001) was born on July 26, 1964. He was born into the Dunkentell family.
He died on January 18, 2001 at 36 years of age.
Dennis L Dunkentell's last known residence is at Seattle, King County, Washington.
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Narrow your search
In a crowded field of voice-powered digital assistant apps for Android, Sherpa distinguishes itself with its ability to perform searches on the Web, take notes, post to Facebook, and even stream music on command.
Pricing not available
The new browser is intended to replace Internet Explorer on all Windows devices.
New application is designed to help users perform Office-related tasks on devices running Microsoft's OS for smartphones. Is this Bill Gates' "Personal Agent" project?
A new video purports to show the product, now being privately tested, in action. Destined for Windows 10, Work Assistant will enable you to give commands to your Office apps.
Snapping windows is quicker and easier in Windows 10.
We go hands-on with this feature that turns the wheels for you when you park the VW eGolf.
You can now get membership-free towing and other services from Urgent.ly via the app, but you'll have to pay for the work itself, of course.
The e-commerce company continues to push further into consumers' homes -- and wallets -- with a voice-recognition tower that answers to your beck and call.
Actress Sofia Vergara of "Modern Family" is making her iPhone the remote control to the super smart home she's building.
The online retailer known for its fanatical customer service tests digital assistant that helps you track down any fashion item -- even if the company doesn't sell it.


text:
Weekly CD Report - weekly report (pdf) of selected reportable diseases.
Monthly CD Report - the monthly communicable disease (CD) surveillance report looks at notifiable diseases in Oregon. The report breaks down cases for a variety of diseases by county, month of occurrence, age, and race.
Use these links to jump down the page to find monthly reports by year:
NOTE: All reports are PDF format.
Promoting health and preventing the leading causes of death, disease and injury in Oregon.


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Robust, Powerful Americans
Introducing Brad Lemley's Natural Health Solutions
I always get a thrill when I consider Americans' astounding, robust health. These quotes paint the picture:
• "With amazing physical prowess… they go naked in the most burning sun, in winter they go out in early dawn to take a bath, breaking the ice with their body"
• "The men could run after a deer for an entire day without resting and without apparent fatigue… one man near seven feet in stature… runs down a buffalo on foot and slays it with his knife or lance, as he runs by its side"
• "Traversed by an arrow… he does not die but recovers from his wound. Read on...
Time to Throw Out All Your "Financial Catastrophe" Books
It's Spring cleaning time. While you're throwing out all that stuff you hoarded over the past year, go ahead and include all those financial books. You're only going to need one this year. And, if you act quickly, you can get it for FREE. Read on…
To Torture or Not to Torture… That is the Question
As the CIA torture debate rages on, Chris Campbell shares his opinion on the matter. Inside, he discusses why this is not an issue of politics… why torture simply doesn't work… and how it's only made things worse. Read on...
CIA Torture Report Unveiled: Just Try Not to Puke
You've undoubtedly heard of the recently-released CIA torture reports by now. The agency instructed the agents to carry out these acts in the name of Seligman's theory of learned helplessness. Chris Campbell sheds some light on Seligman's theory and what kind of Torture was being administered by the CIA. Read on if you can stomach it...
If You Vote, You Have No Right to Complain: 11 Things to Do Instead
You've heard it before: "If you don't vote, you have no right to complain." But is it true? Chris Campbell debunks this fallacy. In fact, "If you vote," he says, "you have no right to complain." Read on…
Breakfast Is Not Important
For my entire long life, I've heard mainstream nutrition experts intone, "Breakfast is the most important meal of the day."
Mainstream nutrition experts aren't generally known for original thinking, or thinking in general, so it seemed likely to me that this pithy declaration was 1) wrong and 2) cribbed from some old-time food-industry grifter and mindlessly repeated. Read on...
Ebola Isn't Real and We Are the Illuminati – Conspiracy Edition
In times of uncertainty and stress, outlandish claims are a dime a dozen. For example, the accusation that Laissez Faire Today is part of the Illuminati and "suppressing the truth" about Ebola. In response to this charge, Chris Campbell dives down the rabbit hole and gives the conspiracy narrative some limelight. Read on…
Vote for Nobody, and Don't Buy Gold – You Have Better Things to Do
There are two things you shouldn't do this Election Day: one, vote; two, buy gold. Why? Chris Campbell explores this and more in today's Laissez Faire Today. Read on…
Why Governments Love Destruction (and Always Fail to Act)
You should be celebrating the coming Syrian war and Ebola. After all, they're set to stimulate the economy, no? Chris Campbell explores this insane paradigm and uncovers what would happen if the government got out of the way. Read on…
Six Signs Your Government's Too Big
Is your government too big? Find out in today's Laissez Faire Today with six "red flags" to look out for. Chris Campbell covers everything from one ObamaCare whistleblower to the strange case of our new Ebola czar. Read on…
The Science Behind the Headlines
Don't Be Fooled by the Media's Attention-Grabbing Health Claims
Headline: Drinking Wine Could Help You Burn Fat, say US researchers
The truth: Well, not quite.
This is yet another case in which the media grab a new study and run with it, and not in the right direction. Read on...
Democracy: Not all its Cracked Up to Be
Is Democracy really all its cracked up to be? Does Hong Kong really need it? That's the question Chris Campbell ponders today as he observes the protests in Hong Kong. Hong Kong has enjoyed low taxes, free business and trade, and high social freedom without our favored system of governing.
Three Alarming Leaks From One CIA Insider (Exclusive Content)
One CIA insider visited our Baltimore HQ yesterday. While here, he leaked 30 potential events to cause the next financial avalanche. Even more, he also gave us several ways everyday Americans can thrive because of these events. Why did he impart so much valuable information? Find out in today's Laissez Faire Today. Read on…
Don't Drink the Tap Water… or the Milk (It's Not What You Think!)
Instead of letting you choose, the government has found it fit to force one potentially dangerous medication on you and your family. Where is it? In your drinking water. Even more outrageous: While Uncle Sam forces medication down your throat, he also says you have no right to choose your own milk. Chris Campbell has all the details. Read on…
ISIS Sees Your White House and Wants it Painted Black
ISIS' spokesperson is a kid from Calgary who wants to "paint the White House black." In today's Laissez Faire Today, Chris Campbell asks one question none of the "officials" seem to care to ask: Why? Why are foreigners flocking to the Middle East to fight alongside ISIS? Why is Saudi Arabia so keen on getting involved? How far does Obama really want to go? Find out inside. Read on…
How to Blow the Whistle (and Not Live to Tell the Tale)
If you've ever wanted to expose some heinous crime against humanity, here's your chance. In today's Laissez Faire Today, Chris Campbell shows you how to make sure the world accesses to your leaks, even if something happens to you. Chris also shares why this is probably a terrible idea. Read on…
Washington's Secret Slave Labor Ring: Coming to a Neighborhood Near You
America has about 4% of the world's population, yet houses 25% of the world's incarcerated. What's going on here? Chris Campbell digs deep into the industry to figure out the truth. While many blame the private prison industry, the real culprit, says Chris, begins right outside your door. Read on…
Obama's Dirty ISIS Secret (Hint: He Made Them Rich)
When Obama first announced U.S. airstrikes in Iraq, most people have no idea that it was to destroy U.S. military equipment in the hands of ISIS. How did ISIS get U.S. weapons? Chris Campbell blows the story wide open in today's Laissez Faire Today. Read on…
Weed Should Be Legal (And Why You Should Fight For it)
Every 37 seconds, an American is arrested and criminalized because of one racist and ridiculous law. Join Chris Campbell as he takes you back to when marijuana became illegal… why it's hurting America… and why you should fight to end the prohibition. And it's not so you can smoke it. Read on…
Escape Obamacare in One Bold Move
Think it's impossible to escape Obamacare? Think again. Laissez Faire Today reader David F. shares how he did it and how you can do it too. Don't see another doctor, take another pill, or shop around for better medical insurance until you read his story. Read on…
The Other Epidemic (and How to Stop it)
"While I heartily subscribe to your premise of pursuing one's dream," one reader, Donald J., wrote, "there are alternate perspectives worth considering."[We're listening… go on.]"Some wiseguy once said that life is what happens to you while you're waiting for something better to come along. Milton put it a little more poetically in one of his […]
Sept. 11: Turning Tragedy into Triumph
"Where were you when it happened?" How many times have we been asked -- and asked -- this question since 2001? Today, Chris Campbell asks us to pose a different question: What can I do today to making Sept. 11 another turning point in my life? And then, of course, taking that first step. Read on…
The Only Way to Get Rich: A Zen Proverb
Want to get rich? Don't listen to financial "gurus," says Chris Campbell. In today's Laissez Faire Today, Chris shares a Zen proverb and shows how understanding it is the only real way to get rich (and live a rich life). Read on…
One Free Website to Keep Your Family Safe
Ben Franklin once said, "An ounce of prevention is worth a pound of cure." In today's Laissez Faire Today, you'll learn about one FREE website that has the potential to not only keep your family safe – but also open your eyes to what's happening in your own neighborhood. Chris Campbell has all the details. Read on…
Celebgate: Your Pictures Are Next
Hundreds of pictures of nude celebrities were leaked onto the Internet last week. The mainstream is blaming twenty-something hackers, but according to Chris Campbell, everyone must've already forgotten what we learned about the NSA only a year ago. Read on…
Free Markets and Malaysian Fireflies
The fireflies along the tidal rivers of Malaysia show "feats of synchrony that occur spontaneously, almost as if nature has an eerie yearning for order." Chris Campbell tells you where else this might occur in the world. Also, new technology may revolutionize the agriculture industry and what we think of as a farm.
Smoking Pot in the Governor's Mansion
Jeff Davis is running for Governor in Hawaii and has an interesting campaign strategy. Also, what motivates hackers is revealed and the findings might surprise you. Finally, Ferguson is discussed in a new light. Chris Campbell has more...
4 Ways the Government Is Set to Take Your Money
The so-called recovery is only built on debt and printed cash declares our own Byron King. In the long term, the only option for the government to continue financing it's operations is to print too many dollars. Money printing has it's limits, however. It's Byron's opinion that at some point, perhaps very soon, the government will have to turn to more desperate measures. Namely, capital controls. In the following featured essay, Byron outlines 4 probably ways the government will take your cash and one play you can buy through your broker to prepare today. Read on...
The least of the problems with income tax is that it takes your money. The really big problem is that the income tax takes your life. It gives the government direct access to the things you own and sets up the political-bureaucratic sector to be the final arbiter of what you can and cannot consider to be yours.
Illustrating this point is the bitter news that the IRS has considered it completely legal to demand access to your email archive whenever it wants. This news came about because of a Freedom of Information Act request filed by the American Civil Liberties Union.
The filing unearthed a 2009 memo that stated outright: "The Fourth Amendment does not protect communications held in electronic storage, such as email messages stored on a server, because Internet users do not have a reasonable expectation of privacy in such communications."
Forget search warrants and legal processes. In the interest of getting its share, the government can have it all on demand. This assertion was made again in 2010 by the IRS's chief counsel: The "Fourth Amendment does not protect emails stored on a server" and there is "no privacy expectation" on email.
A Century of Intrusions
This assertion openly contradicts a 2010 legal decision from the Sixth US Circuit Court of Appeals. United States v. Warshak said that the government must obtain a probable cause warrant before forcing people and providers to cough up email archives. Granted, even that's not much protection. Government always has its "probable cause."
Good for the ACLU for making an issue of this. There will continue to be legal wrangling over this issue, which is obviously important to absolutely everyone. But at some level, it's all beside the point. The problem isn't the legal process that allows the government to do what it wants; the problem is that government has a hook into personal income that allows powerful people to have their way with the whole of your life.
As we look back at the history, we can see that the income tax enabled a century of intrusions into our lives. It's been 100 years of a form of imposition that no American in most of the 19th century could have ever imagined or tolerated.
The income tax is what enabled Prohibition, for example. Without the ability to monitor and adjudicate how people made money, the power of enforcement would not have been there at all. (Remember that Al Capone was not convicted for bootlegging, but for tax evasion.)
It is what made possible the central planning of the New Deal. The government's presumption that it owns the first fruits of labor gave rise to wage controls and mandatory participation in the Social Security system. It allowed the central planners to push aside young workers and tell them that they aren't allowed to be part of the workforce. It allowed the introduction of the minimum wage that continues to shut out whole sectors of society.
And look what happened during World War II. The price controls on wages and salaries — made possible only because the income tax gave government a fiduciary interest — inspired companies to start offering healthcare benefits as part of the compensation package.
That practice was intensified over the decades until it became mandatory. That practice is a major source of the health care problems we have today. So there we have it: There is a direct link from Obamacare today back to the income tax of 100 years ago.
The Root of All Evil
Just the other day, with the IRS still on the march, the elaborate lunches provided in highflying companies such as Google entered onto the radar screen. Shouldn't these wonderful buffets be considered as compensation subject to tax? There is just something unseemly about an agency that can't let people even enjoy a lunch without demanding a cut.
Frank Chodorov, author of the masterpiece The Rise and Fall of Society, was right to call the income tax the "root of all evil." We look back to history and are in awe that anyone ever had the full right to earn whatever money he or she wanted to and to never have to tell the government about it. But that was the way it was for the dominant part of American history.
That's the system once called freedom.
It's striking when you realize just how completely unnecessary the income tax is for the funding of government. Last year, the income tax generated roughly $1.2 trillion in revenue for the government. What if we cut back government spending by exactly that amount so that we replace the income tax with absolutely nothing? That would take us back in time to 2004.
As Ron Paul would ask, was the government really too small back then? Would society really collapse if we went back to a government we had just ten years ago?
So let's face it. Yes, the government likes our money and always wants more of it. But more crucially, the government uses the income tax as a primary means of controlling not just our money, but the whole of our lives. That's the real purpose of the income tax and why the government will fight for its preservation to the end.
Right now, many Americans are sweating it out to get their taxes done in time for the filing deadline of April 15. It would be immeasurably hard without the brilliant companies that have put together software programs — updated constantly! — that make what would otherwise seem impossible rather easy. This is the type of thing that free enterprise and the private sector do. They help us to have better lives.
But government? What does it do? It takes. It snoops. And it controls.
Jeffrey Tucker


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Slain Boston Marathon bombing suspect linked to triple killings
(Reuters) - Slain Boston Marathon bombing suspect Tamerlan Tsarnaev took part in a 2011 triple homicide in a nearby town, according to a Chechen immigrant who was himself killed when approached by investigators for questioning, federal prosecutors said on Monday in newly filed court papers.
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A collection of news and information related to Tim Hardaway published by this site and its partners.
Top Tim Hardaway Articles
Displaying items 45-45
All-State first team a tall story--five centersStory | Mar 18, 1985Lowell Hamilton and Jerry Jones were varsity starters as freshmen. Ed Horton played on a state championship team his sophomore season. Melvin McCants became a great player during his junior year. Michael Ingram had to wait until his senior season for...


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["ball","colours","couple","course","dance","dancefloor","dancing","disco","eddy","fitness","fox","fun","girl","gym","gyration","happy","inveigle","laugh","light","man","move","music","pretty","rock","romance","rumba","school","shadow","silhouette","sound","sport","standard","step","swing","tact","vector","wild","woman","young"]ball colours couple course dance dancefloor dancing disco eddy fitness fox fun girl gym gyration happy inveigle laugh light man move music pretty rock romance rumba school shadow silhouette sound sport standard step swing tact vector wild woman young See all keywords
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venture fund
Jan 18, 2015
Startup Deal4loans seeking $8-10 million in venture funding
The company's portal provides online comparison for retailloans. It not a broker but provides online comparison and passes the customer request to the bank which he opts for. #NewsTracker #Funding #Startup #Deal4Loans #venture funding
Mar 31, 2014
Anil Agarwal to be Chairman Emeritus of Sesa Sterlite
In a major overhaul of its Board, Vedanta group firm Sesa Sterlite on Monday said its Non-executive Chairman Anil Agarwal will now become Chairman Emeritus and play the role of Chief Mentor. #NewsTracker #Anil Agarwal #Sesa Sterlite #corporate #Naresh Chandra #ICICI Venture Funds Management Company
Jan 07, 2013
NIC plans Rs 5,000 cr VC fund for innovation
The fund, which has got seed money commitment from the government, will work on a commercial basis like any other fund but support enterprises which drive change at the bottom of the economic pyramid #Sam Pitroda #National Innovation Council #startups #venture fund


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Conclusion Of Cardiovascular System
Conclusion Of Cardiovascular System
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When you shop…... through Amazon, please, come here first? Enter Amazon through my search box. I'll then get a small percentage of everything you buy. (Pssst - Can't see the search box? Turn off your "ad-blocker" for this site!)
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There is a subscription form at the bottom of this page!
- kat said Our priest and congregation use the Liguorian meth...
- Faith said IOW tweet, text, FB, MORE!
- BillG said I tend to agree with Boniface. Ghost / Spirit is...
- Gaz said My old Parish Priest once said to me (regarding Pr...
- kat said My parents, being among those who fought against t...
- Subdeacon Joseph K. said I love the word "ghost." After all, i...
- AlexanderAerarius said "Holy Ghost" sounds Protestant to me....
- Mariana2 said Gand alf = light elf, elf of light. The Holy Ghost...
- pannw said I just voted. It now stands: Yes: 47% No: 53% Tot...
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- Venerator Sti Lot said Deacon Augustine did well to mention "pre-10...
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- techno_aesthete said Yes. 55% No. 45%
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The horse is made ready for the day of battle, but the victory belongs to the LORD.
- Proverbs 21:31
An outstanding opportunity to get into Latin and New Testament Greek
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Grant unto thy Church, we beseech Thee, O merciful God, that She, being gathered together by the Holy Ghost, may be in no wise troubled by attack from her foes. O God, who by sin art offended and by penance pacified, mercifully regard the prayers of Thy people making supplication unto Thee,and turn away the scourges of Thine anger which we deserve for our sins. Almighty and Everlasting God, in whose Hand are the power and the government of every realm: look down upon and help the Christian people that the heathen nations who trust in the fierceness of their own might may be crushed by the power of thine Arm. Through our Lord Jesus Christ, Thy Son, who liveth and reigneth with Thee in the unity of the Holy Ghost, God, world without end. R. Amen.
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A bit more food for thought…
"Only one sin is nowadays severely punished: the attentive observance of the traditions of our Fathers. For that reason the good ones are thrown out of their places and brought to the desert."
- Basil of Caesarea - ep. 243
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Food For Thought
"The legalization of the termination of pregnancy is none other than the authorization given to an adult, with the approval of an established law, to take the lives of children yet unborn and thus incapable of defending themselves. It is difficult to imagine a more unjust situation, and it is very difficult to speak of obsession in a matter such as this, where we are dealing with a fundamental imperative of every good conscience — the defense of the right to life of an innocent and defenseless human being."
- St. John Paul II
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"If your work is strong enough for someone to hate you, it's strong enough for someone to love you. The middle is what you should fear."
- Sean McCabe @seanwes
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- Card. Müller: Delegate doctrinal decisions to regional conferences? "absolutely anti-Catholic"!
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- 25 March – D. Madison – Pontifical Mass at the Throne
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For your consideration…
"One of the most dangerous errors is that civilization is automatically bound to increase and spread. The lesson of history is the opposite; civilization is a rarity, attained with difficulty and easily lost. The normal state of humanity is barbarism, just as the normal surface of the planet is salt water. Land looms large in our imagination and civilization in history books, only because sea and savagery are to us less interesting."
- C.S. Lewis
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Wyoming Catholic College!
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"I expect to die in bed, my successor will die in prison and his successor will die a martyr in the public square. His successor will pick up the shards of a ruined society and slowly help rebuild civilization, as the church has done so often in human history."
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"All laws which are repugnant to the Constitution are null and void."
- Marbury v. Madison, 5 U.S. 137, 176
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"Men by their constitutions are naturally divided into two parties: 1. Those who fear and distrust the people, and wish to draw all powers from them into the hands of the higher classes. 2. Those who identify themselves with the people, have confidence in them, cherish and consider them as the most honest and safe, although not the most wise depositary of the public interests."
- Thomas Jefferson to Henry Lee, 1824. ME 16:73
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Tag Archives: Ohio
Ohio National Guard trains for 2nd Amendment terrorists
From Media Trackers:
Ohio National Guard Training Envisions Right-Wing Terrorism
Documents from an Ohio National Guard (ONG) training drill conducted last January reveal the details of a mock disaster where Second Amendment supporters with "anti-government" opinions were portrayed as domestic terrorists. [Is … Continue reading
Video of programmer's testimonyabout rigging Vote Counting Machines
Did you see this video?
YouTube description:
Clinton Eugene Curtis testified under oath, before the Ohio State legislature, that he wrote a program to rig elections. This program would flip the total vote from the real winner to the candidate who had … Continue reading
Posted in I'm just askin'..., The Drill Tagged elections, Ohio, vote 35 Comments
Nuns On The Bus get frosty reception in Ohio
The Religion News Service has a story about the reception the Nuns On The Bus (who go 'round and 'round) encountered in Ohio. Not so friendly.
(RNS) The "Nuns on the Bus" have been a consistently popular and effective faith-based tool … Continue reading
Posted in Liberals, Magisterium of Nuns, Women Religious Tagged Nuns On The Bus, Ohio 30 Comments
O-Me-O-Mi-O! Misspelling OHIO!
I understand that The First Gay President is on a big education kick right now.
That's right.
During a trip to a college campus in Ohio, he and some supporters spelled out the name of the hosting state:
Unless, of course, they were … Continue reading
Posted in Liberals Tagged November 2012, Ohio, Pres. Obama 55 Comments
Lex talionis… in Ohio
A CBS story reports that in Ohio a man was executed today for killing a "motorist who gave him a ride and shooting two others during a three-week string of shootings that terrorized the Cincinnati area in 1983."
Excerpts from … Continue reading
Posted in SESSIUNCULA Tagged Ohio 64 Comments


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Possible Answer
The Bicolanos are the fifth-largest Filipino ethnolinguistic group. Contents 1 Area 2 Demographics 3 Culture & Traits 4 References 5 External links Area http://www ... - read more
The people of the Bicol region, called Bicolanos, speak any of the several languages of the Bikol sociolinguistic language, also called Bikolano, an Austronesian ... - read more
Please vote if the answer you were given helped you or not, thats the best way to improve our algorithm. You can also submit an answer or search documents about 4 bicolanos.


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Home Theatre Tickets Ballet and Dance Quorum Ballet
Quorum Ballet Tickets
Find the Quorum Ballet tickets you're looking for on viagogo, the world's largest ticket marketplace. Select an event to view the range of tickets available or view the calendar to see all the dates available with tickets. You can also sell your spare Quorum Ballet tickets on viagogo, and listing tickets is free. All Quorum Ballet tickets are covered by the viagogo Ticket guarantee!
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Tiramisu meaning "pick me up" or "lift me up") is a popular coffee-flavoured Italian dessert. It is made of ladyfingers (Italian: Savoiardi) dipped in coffee, layered with a whipped mixture of egg yolks, egg whites, sugar and mascarpone cheese, flavoured with cocoa. The recipe has been adapted into many varieties of puddings, cakes and other desserts. Read more
Archive for Monthly Best
Tiramisu – An Italian Taste of Heaven
Photo of the month – Bontle Tumahole
Congratulations to Bontle Tumahole who submitted this photo via email. Yes it's that easy!
Bacon-wrapped Chicken Breast stuffed with Mushroom and Blue Cheese
Bacon-wrapped Chicken Breast stuffed with Mushroom and Blue Cheese, served with traditional Nyekoe and finished off with Cranberry sauce
- 4 Chicken Breasts
- 12 Rashers Bacon
- 1/4 Red Onion, sliced
- 75gr Mushrooms, sliced
- 5gr Thyme, chopped
- 15gr Butter
- 20ml White Wine
- 20gr Blue Cheese
- Salt and Pepper for taste
- Olive Oil for frying
Photo of the month – Lisa Vos
Congratulations to Lisa Vos who posted these photos on our facebook page and they are pretty special too.
"What a Place…- thank you so much for accommodating our every single request… some great memories were forged at your beautiful lodge you guys were absolutely amazing… can't wait to come back!!!"
Photo of the month – Adeshnee Moodley
Congratulations to Adeshnee Moodley who submitted this photo. She was here last month and her husband and by all accounts, had an amazing time.
Jinny Blom's Sentebale Forget-Me-Not Show Garden sponsored by B&Q
If you follow horticulture, you know that the Chelsea Flower Show is the pinnacle of all flower shows. Thousands make their trek each year, like Islam's followers to Mecca. I am included in the hordes who flock to London each May to check out the fabulous garden displays. Read more
Milk Chocolate Mousse in Marbled Chocolate Cylinders
Oxtail Ravioli in a mild and spicy Korma Curry sauce
- 300g Plain (Cake) Flour
- 3 Eggs (+1 Egg beaten)
- 1ml Salt
- 1 Onion, finely chopped
- 2 Garlic Cloves, finely chopped
- 15ml Fresh Ginger, finely chopped
- 30ml Masala Powder
- 45ml Rajah Curry Powder
- 250ml Plain Yogurt
- 30ml Wholegrain Mustard
- 1tin Coconut Milk
- Salt and Pepper to taste
- 120g Cooked Oxtail, off the bone Read more
Lemon and Dill infused Mousse of Smoked Salmon
Lemon and Dill infused mousse of smoked Salmon served with organic Greens tossed in a light and zesty sweet Vinaigrette.
Yvonne and Hendrik Tie the Knot at Maliba Lodge
BIG congrats to Yvonne and Hendrik on their special day! Photographer Glen Green, African Image.


text:
Definition of nope
- "no".
Citation from "White Nights", Archer (TV), Season 2 Episode 12 (2011) blacked out to resolve Google's penalty against this site.
Citation from "Weekends At Mort's", Bob's Burgers (TV), Season 1 Episode 11 (2011) blacked out to resolve Google's penalty against this site.
Citation from "Might Have Been", Rookie Blue (TV), Season 2 Episode 2 (2011) blacked out to resolve Google's penalty against this site.
- See more words with the same meaning: no, disbelief, doubt (statements of).
Last edited on Oct 11 2011. Submitted by Walter Rader (Editor) from Sacramento, CA, USA on Aug 11 2009.
|Add a definition for this slang term
More info:
Related words
Slang terms with the same meaning
Other terms relating to 'no, disbelief, doubt (statements of)':
|Definitions include: for sure; certainly.
|Definitions include: an emphatic "hell no".
|Definitions include: acronym for "get the fuck out", an expression of disbelief.
|Definitions include: is not; am not; are not; do not; have not; will not; etc.
|Definitions include: "no".
|Definitions include: "no", but less strong.
|Definitions include: an emphatic "no".
|Definitions include: This definition is questionable and is pending deletion.
|Definitions include: "no", but less strong.
|Definitions include: an assertion that something will never happen.
|Definitions include: variant of "hell to the no".
|Definitions include: "no."
|Definitions include: "no".
|Definitions include: no, negative.
|Definitions include: "no".
Slang terms with the same root words
None. How about some random words?
|Definitions include: guy who scores with lots of chicks
|Definitions include: "dictatorial".
|Definitions include: In the "sexual contact as baseball achievement" metaphor, means sexual intercourse.
|Definitions include: interjection suggesting speed.
|Definitions include: A mixture, or jumble of things, all thrown together.
|Definitions include: "all right".
|Definitions include: a good book.
|Definitions include: a foot fetishist.
|Definitions include: anything.
|Definitions include: exclamation of anger.
How common is this slang?
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Average of 19 votes: 16% (See the most vulgar words.)
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To link to this term in a web page or blog, insert the following.
nope
To link to this term in a wiki such as Wikipedia, insert the following.
[http://onlineslangdictionary.com/meaning-definition-of/nope nope]
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