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Ice Avalanche on the Trift Glacier in Switzerland Predicted by GeoPraevent Using an IDS IBIS-FL System
23rd January, 2015 - Switzerland. During the summer of 2014, following some small ice avalanches, the Swiss local authorities contracted GeoPraevent, an IDS customer, for the long term monitoring of the Trift Glacier, on the northwest slope of Weissmies, using an IDS IBIS-FL interferometric radar. A hanging glacier had recently destabilized due to the glacier mass loss predominating the steeper areas. Further information on the project is available on GeoPraevent's website.
View from the radar's position of the Trift glacier on Weissmies
Two days before the failure the IBIS-FL system was able to monitor the glacier's movement at about 10cm per day with an unstable section moving with a higher velocity of around 25cm per day. On November 8th an, albeit harmless, detachment of a small block of ice could easily be seen in the radar data. For further images of the data and video of the event, see GeoPraevent's website.
Radar measurements from Nov 6th. The glacier is moving at around 10-15 cm per day. Just a few pixels (in the blue circle),
show velocities of approx. 25-35 cm per day
The results of the monitoring of Weissmies show that radar interferometry is a useful aid in predicting even small ice avalanches (with a volume of about 1,000m2).


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This majestic home boasts 5 large bedrooms with its own en-suite bathrooms, walk-in closet, 2 lounges, fireplace, bar area, dining area, spacious fully fitted kitchen with scullery, balconies, beautiful sun room leading into an enclosed entertainment area with a built-in braai, domestic quarters, sparkling swimming pool, spacious private garden, 3 garages and ample parking space.
Blue Valley Golf Estate is named for the blue skies and open country of its surroundings, the Gary Player designed Blue Valley is a perfect blend of hospitality, sport and nature. Situated conveniently between northern Johannesburg and Pretoria, this residential golf estate offers a location second to none in the Gauteng area…
The golf estate boasts its Gary Player Designer golf course, pro shop, clubhouse, conference facilities, shuttle service, health & beauty spa, squash courts, tennis courts, convenience store, a soccer field and kiddies play areas throughout the estate. Excellent security and exclusive estate living.
|Office: 082... 0825213350 Show Numbers
|Cell: 082... 0829947060 Show Numbers
|Email: ... Jerome Stephens Show Email
|View my Properties
|Office: 011... 011 318 8363 Show Numbers
|Fax: 0865042653

subset: commoncrawl


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Top Joint Pain Relief Products
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*Results may vary. If you are pregnant, nursing, have a serious medical condition, or have a history of heart conditions we suggest consulting with a physician before using any supplement. The information contained in this website is provided for general informational purposes only. It is not intended to diagnose, treat, cure, or prevent any disease and should not be relied upon as medical advice. Always consult your doctor before using any supplements.
Disclosure of Material Connection: Some of the links in the post above are "associate sales links." This means if you click on the link and purchase an item, we will receive a commission. Regardless, we only recommend products or services which we use personally and/or believe will add value to our readers. We are disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials."


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An Lanntair Arts Centre
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Contact Information
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Steak Pizzaola
Marie Susa
This is a winner in my house...I am sure you will enjoy this. Received this recipe from a neighbor many moons ago. She has since moved from Long Island to Georgia...I miss her so much.
Featured Pinch Tips Video
- 4 lb
- beef chuck, boneless
- 3 Tbsp
- olive oil
- 6 clove
- garlic minced
- 1 tsp
- crushed hot pepper (optional)
- 1/4 c
- good red wine
- 2 Tbsp
- tomato paste
- 1 can(s)
- 28-ounce can of whole tomatoes, undrained and crushed
- 1-1/2 tsp
- sugar to taste
- 1 tsp
- basil, dried
- 1 tsp
- oregano, dried
- 2 pinch
- each of salt and pepper
- 1 lb
- thick spaghetti
Directions Step-By-Step
11. Preheat oven to 325 degrees.
2. Brown steak in large hot skillet coated with olive oil. Remove steak to a lasagna pan.
3. Add garlic and red pepper flakes to skillet and lower the heat. When garlic reaches a golden color, add the red wine. Scrape meat particles from the bottom of skillet and then stir in tomato paste. Add tomatoes and enough sugar to remove acidity in the tomato sauce, taking care not to over sweeten. Add the salt and basil and cook over a medium flame until thick. Adjust seasonings.
4. Pour tomato sauce over meat. Sprinkle with oregano and cover with foil, securing the edges so the steam will not escape. Bake for 2 hours.
Cook Spaghetti and drain and serve with Steak Pizzaola.
About this Recipe
Course/Dish: Beef, Pasta, Steaks and Chops, Pizza
Regional Style: Italian
Other Tag: Quick & Easy


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Video Description - Black thug sucks cock in a motel lobby
Featured Models - Unknown
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So we today we found our black thug outside a sleazy motel. He looked and acted guilty about something but we weren't interested in that, all we wanted was his sweet black ass. He was steadfast about not being gay but once we offered the right amount he was quick to get on his knees. He might not have been gay before, but he definitely is now as our white dude busted cum all over his black ass.
Video Description - Hot assed black boy riding cock
Featured Models - Unknown
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So today we were prowling a suburban basketball court on the look out for some hot black ass when we spotted a likely mark. After a little chit chat we invited him back to our place and you already know the hunter couldn't wait. He pulls the guys cock right out and shoved it in his mouth, the guy did not stop him, so it was on!
Video Description - Black boy gets fucked in a back alley
Featured Models - Casey Monroe
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Our boy Casey took us up on a dare to approach a thug on the bad side of town. Amazingly enough he ended up laying down this white thunder stick into the young thugs mouth. He even managed to stick his big dick straight up his ass and pounded him dirty, dirty style in the back alleys of Overtown. Then he finished off with a little bit of dick slapping on his cheek...
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This week we have a cute white dude in the studio wanting to put his ass to the test. He isn't shy about showing his love for big cocks and the Supreme is the biggest he has ever seen. After an intense cock sucking session he bends over and begs Castro to fill him up...
Video Description - Black stud gets his huge cock sucked
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Order food back at the pad, get a little snack in the belly then offer up some thick hot chocolate cock for dessert to satisfy that sweet tooth. This fool couldn't resist my fat chocolate cock so after I fucked his face and pummeled his ass I blasted a nice little frosting treat all over his lips for good measure.
Video Description - Interracial couple passionately make out
Featured Models - Krist Cummings and Scott Alexander
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Krist and Scott waste little time before they begin kissing and feeling each other up. Quicker than a Hog Tie, Scott has little Krist on his back with his legs in the air as he strips his pants off him. Scott's large frame towers over his prize as he begins to lick and suck on Krist's cock and smooth balls. Scott lets him up as he stands, giving Krist access to his pants..
Video Description - Black thug gets his ass pumped
Featured Models - Unknown
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So today we were out in the hood and found this hustler with a nice black ass. After convincing him to suck cock for a hundred bucks we fed him a few hundred more and he gave up that ass. Thats what's up. So the next time your in the hood, watch your ass or else the thug hunters gonna tap it.
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Featured Models - Seth Ryan, Intrigue and Ricky Da Boss
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Black cock is something Seth admits he's never had before, let alone two at once and surprisingly he doesn't have any problems handling both of them. Like it always does, the dick sucking has to come to an end and the ass fucking begins. I gotta tell you, for a white boy who's never taken big, black dick before, he takes every inch of it without a whimper.
Video Description - Thug rides a white boys cock
Featured Models - Unknown
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So a funny thing happened today. We were out on the streets like usual, looking for a thug to fuck when this guy approached us convinced we were filming for some news channel. He really wanted to be on television so we made his wish come true and put him on to something better, Thug Hunter and he was our latest target.
Video Description - Skinny white boy blows two black studs
Featured Models - Nate Richards, Intrigue and Pleasure Boi
Popularity - Viewed 4683 times
Today black studs Intrigue and Pleasure Boi are on the hunt and it's not long before they find a willing white boy. His name is Nate Richards and from first impressions he doesn't look like anything special. Looks can be deceiving though because as soon as they get him back to the crib the shit is on. This skinny white boy turns out to be a super sex freak...
Video Description - Black studs having group sex at the gym
Featured Models - T-Porn, ThugZilla, Phoenix and Prettyboi
Popularity - Viewed 6607 times
The boys have really gone hard with their workout in this new gang bang video. They've lined themselves up for a gym circuit of oral sex - and they're going to be as tough as personal trainers on the boys sucking hard on their tools.
Video Description - Black guy fucking a white little ass
Featured Models - Austin Tyler and Scott Alexander
Popularity - Viewed 9603 times
They start to make out as Austin bounces on that meat faster. Austin loves being in control of that dick. Scott then stands up with Austin still onboard and lays him on his back. He slides back inside missionary. He fucks that tight ass deep getting them both closer to climax. Austin is the first to cum, exploding as Scott pounds that ass.
Video Description - Stud enjoys a super long black cock
Featured Models - Shane Frost
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Shane Frost hasn't been fucked hard lately and his hunger for cock has grown enormous. So big in fact that he decided to contact us looking for the largest cock we could find. Since this was his first huge black cock we weren't sure if his tight asshole would be ready for it...
Video Description - Black thug sucks a nice white cock
Featured Models - Unknown
Popularity - Viewed 3871 times
Man we tricked out another thug this week. We found him walking behind some canal slum. he was wearing an orange outfit, which made him easy to spot. We didn't waste time chasing him down and offering him some money to suck my boys dick. He wasn't keen at first, something about not being a bitch. But money talks and when you show you got it a thug will do just about anything to get it...


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About Roehl Transport
Delivering "confidence and satisfaction" by providing flawless transportation services.
Everett Roehl began providing motor carrier service in 1962 with a single truck. Today, Roehl Transport is one of the 100 largest trucking companies in the nation with over 1,900 tractors and 5,200 trailers.
Roehl places 66th on the Transport Topics top 100 list while CCJ ranks Roehl as 58th in the CCJ Top 250. We're approaching $500 million in revenue per year, and our customers include some of the most prestigious brand names in America.
Our Values - What's Important.
Like the bricks and mortar of a solid building, our values provide the solid foundation that guides and supports our behaviors. When we say Safety is our "cornerstone" value, it is reflected by our philosophy of Protective Driving. Priorities constantly shift and change. As the circumstances of the moment change, so do the priorities. Getting the groceries can usually wait until Saturday unless there's a big storm coming this weekend. Then there's the rush to the store for milk, bread and other essentials. Could you imagine if we treated safety that way—it can wait till the weekend until something comes up to cause it to be done now? That's no way to treat safety. It has to be important all the time.
Values are deeply held beliefs beyond compromise. Values don't change based on the circumstances of the moment. If honesty is one of your values, you don't lie simply because it's convenient. Values are enduring and guide our daily behaviors. We're so very proud that Roehl drivers choose to treat safety as a value rather than a priority. By doing so, they recognize and behave in a way that shows that safety is important all the time and not simply a matter of convenience. Because they hold safety as a value, Roehl drivers don't drive defensively, that is, trying to defend themselves from the motoring public. No, Roehl drivers try to drive protectively—that is anticipating, recognizing and adjusting to mistakes that others may make.
We realize that most motorists don't share our values, experience, or training, so we have a special responsibility to drive in a way that protects them— even from their own mistakes. Roehl drivers distinguish themselves because they drive to protect others—the sons, daughters, mothers, fathers, relatives and friends whom we love and cherish so deeply. We deliver "Confidence and Satisfaction" by living our values.
What makes us different.
We distinguish ourselves from other trucking companies by leaning on the principles Everett recognized early on in his career – we succeed by delivering. More than simply moving freight from point A to point B – rather, we deliver on the promise we made to the customer.
Our Locations.
Roehl operates terminal locations and drop yards across the country. Use this map to see our locations or visit the Contact page.


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Apartment in St Ives, Cornwall, England - Central Location, 2 Minutes Walk To Porthmeor Beach And Tate Gallery, 2 Minutes Walk To Harbour
Two bedroom ground floor apartment, sleeps 4-6. Panoramic sea views. Central location with 2 private parking spaces (a must if you are staying in central St Ives). 2 minutes walk to beach, Tate Gallery and Harbour. Contemporary living accommodation. 2 reception rooms. Modern kitchen with granite work surfaces. Large living areas. Light and airy bathroom. The conservatory provides additional accommodation which enables our guests to enjoy the panoramic views. Original artwork in accommodation all by an award winning local artist. Close to great restaurants. Very popular with all ages Portmeor Beach is re known as a surfing paradise, there are delightful coastal walks nearby. St Ives is a great base to visit the other Cornish sights.
Top Traveller Review
Great location
About the Owner
I have been coming to Cornwall since I was a young girl and have always been attached to it. I have good friends to live in this area and was attracted to buying a property in St Ives because of the variety of sports and leisure activities there really is something for everyone. I was offered an opportunity to buy this lovely apartment through a family friend I love the location and so in November the apartment swapped owners. I live in Essex but my friend and co owner lives in Cornwall we are very keen for our venture to succeed and have had some very positive feed back. Our guests love our welcome pack and we hope this and the fab location proves to be a winning formula.
Guestbook comments from the owner
This place has it all; lovely scenery, friendly people, good simple food and comfy beds to return home to. Mr and Mrs B Willmore 2011
Sound of Surf! Especially sharing the bunk beds with my little brother Callum Burgess aged 8 2011.
Ideal location, loved the art work, my favourite part was watching the sun go down from the comfort of the conservatory! Will be back next Easter. Mr G Hand Easter 2012.
Well presented, fab location and a very restful break. An ideal spot for us during the Christmas holiday. R.E Cullen
2 Reviews
5 based on 2 holidaymaker reviews
Great location
Excellent location, great sea view. Spacious accommodation, lovely kitchen and great for parking! Can fit 2 cars, nice stroll into town and after long days in st Ives if you don't fancy a long walk up the hill its only £3.50 in a taxi! Perfect weekend away last minute and great communication from the owners who dealt with our last minute short stay promptly, confidently and very generous thank you! A very small negative in overall is the shower power but if that's all you can say as a negative then its a very pleasant stay and recommended :-)
Our family stopped in this superb apartment over looking a wonderful out look on the sunset and beach from the conservatory, a short walk in to the little streets of st ives, 2 x car parking spaces (GOD SEND ). We could not of asked for more. we are hoping to book for next year.
Thanks so much
From the Owner
"The location is perfect 2 mins walk from the best beach in St Ives. It is minutes away from the coastal walk along Clodgy. The apartment is very centrally located to the town and therefore to restaurants and nightlife and yet out of the main hubbub of the towns busy main street. The conservatory offers an opportunity to sit and stare at the sea for hours. I have been coming to Cornwall particularly St Ives for many years I always find something new to do. There is a great art school 2 minutes away which is very reasonably priced my daughter and I throughly enjoy it."
Activity and Interests
Special interest holidays:
St Ives has achieved international recognition within the art world. There are numerous courses available for painting, drawing, pottery and crafts. The Tate gallery is open all year round and boasts local and internationally acclaimed artists.
For those interested in sports Porthmeor Beach is renown in the surfing and body boarding. There are additional water sports available
There are 5 pristine beaches in St Ives including 2 with blue flag awards.
There are numerous coastal walks with all abilities catered for.
There is a wealth of wildlife which can be seen off of the coast. Grey Seals and Minke Whales are regular visitors to St Ives. There are regular trips off of the coast for closer encounters!
2 minutes walk to the beach. The beach at Porthmeor is award winning. There are 4 other beaches in st Ives all within walking distance of the accommodation. All beaches are within 10 minutes walk of the apartment.
Newquay airport is approximately 30 miles away. National Coach and Railway service is available. Car hire is available but not essential public transport is available and is reasonably priced.
2 minutes walk from the Harbour. 2 minutes walk to The Tate and the beach at Porthmeor.
Penzance is 15 minutes car drive away. Lands End 20 minutes. Truro 40 minutes by car.
Further Details:
St Ives is a vibrant holiday venue with something for everyone. The town has quaint cobbled streets and contains shops, galleries, art studios, award winning restaurants, bars and pubs.
St Ives is centrally located and can be used as a base to visit near by attractions such as Lands End, The Eden Project, St. Michaels Mount, The Minack Theatre, The Isles of Scilly, The Lost Gardens of Heligan, Tintagel Castle.
Prices and Availability
Rental rates
- Booking Notes:
Deposit of £100 is required which will be returned within 7 days of departure.
Payment in full is required if booking is within 8 weeks of your stay.
If booking prior to 8 weeks before stay a payment of £200 per week is required to secure your booking and the balance within 8 weeks of your stay.
Changeover Day:
Friday is change over day. Guests departing are asked to leave the apartment by no later than 10am. Guests arriving are asked to arrive no earlier than 2pm
Notes on prices:
Prices from £300 per week. Special promotion price as newly re furbished property.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"We are very competetively priced. The property has two parking spaces at the front of the property which is very rare for central St Ives. The conservatory is a great place to sit especially in the morning and the evening. The greatest benefit is the fact that St Ives offers something for everyone, the beach, water sports including great surfing and fishing. Those interested in the arts can spend hours in the art galleries including The Tate and there are a wealth of art classes to enjoy. For those interested in good food and drink there are many great restaurants and bars with fabulous views and the seafood is a must. For walkers and cyclists the coastal path is a stunning and there is ample opportunity to see the wealth of wildlife from the shore."
Property Type
- apartment
- Heating
- Iron & Board
- Living Room ...
- Parking
- Washing Machine
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Television
- children welcome
- suitable for elderly or infirm
Location Type
- beach
- near the sea
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure
- Modern bathroom, bath with tiled integral shower glass integral shower unit, w.c and sink
- 2 Bedrooms, Sleeps 6
- Bedroom 1
- Bedroom 2
- Description of sleeping capacity: Sleeps 6 (2 Bedrooms) Notes on bedrooms: Contemporary master bedroom with 1 double bed. Bedroom 2 with adult size bunk beds
- Notes on accommodation: Pets may be accepted by agreement Outside: The property has the benefit of 2 private parking spaces directly outside the property which is a rarity in this popular seaside resort. The property also has a seating area directly in the front property to enable guests to benefit from those fabulous views across Porthmeor Beach, The Island and Clodgy. Cleaning / Towels / Linen / Maid service: Linen and tea towels changed weekly. The bedding is modern. The accommodation is cleaned weekly. Guests supply own towels. Other: Conservatory, spanning the entire front of the accommodation. The conservatory is modern, light, airy and cool in summer months. It is effectively heated in the winter months. Ideal location for relaxing and enjoying the view.


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16-D10-009 Colby
Breed: Labrador Retriever Mix
Size: Large
Age: 4 Months
Gender: Male
Weight at Intake: 28 lbs. 1 oz.
History: Stray Turn in 10-11-16
Available: Now
Adoption Fee: $100.00
Notes: Cole and Colby were running loose when the ACO picked them up. Now these handsome boys are ready to find their best forever homes. They are still trying to figure out what is happening to them. They are sweet things that still need some convincing family to assure them that all people aren't bad. When they learn that, they will be more devoted than you can imagine.


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United States District Court, S.D. New York
February 13, 2015
SCARSDALE CENTRAL SERVICE INC., Plaintiff,v.CUMBERLAND FARMS, INC. and GULF OIL LIMITED PARTNERSHIP, Defendants
For Scarsdale Central Service Inc., Plaintiff, Counter Defendant: Eric Richardson Sharp, Galgano & Associates, White Plains, NY; Michael Paul Hess, O'Connor Redd LLP, White Plains, NY.
For Cumberland Farms, Inc., Gulf Oil Limited Partnership, Defendants, Counter Claimants: Timothy G. Griffin, LEAD ATTORNEY, Law Offices of Timothy G. Griffin, Bronxville, NY; Paul Dewitt Sanson, PRO HAC VICE, Shipman & Goodwin, LLP (Hartford), Hartford, CT; Vaughan Finn, Shipman & Goodwin, LLP, Hartford, CT.
For 880 Central Park Avenue LLC, Counter Claimant, Counter Defendant: Kathleen Ann Daly, Wilson, Elser, Moskowitz, Edelman & Dicker, (WPls), White Plains, NY; Katrine Aliha Beck, Katrine Aliha Beck, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY.
NELSON S. ROMÁN, United States District Judge.
Scarsdale Central Service Inc. (" Plaintiff") was a tenant and franchisee of Gulf Oil Limited Partnership (" Gulf Oil") and Cumberland Farms, Inc. (" Cumberland") (together, " Defendants"). Plaintiff operated a Gulf Oil gas station at 880 Central Park Avenue in Scarsdale, New York (the " Premises"). Gulf Oil is a subsidiaiy of Cumberland.
Plaintiff filed the instant suit against Defendants and other parties seeking, among other remedies, to enjoin Defendants' sale of the Premises to third-patty 880 Central Park Avenue LLC (" 880 CPA"), to enjoin Defendants from evicting Plaintiff from the Premises, to prevent Defendants from terminating the franchise relationship, and to order Defendants to honor Plaintiff's right of first refusal under terms consistent with a bona fide arm's length transaction. Plaintiff also seeks a declaration that the sales agreement with 880 CPA is invalid, and Plaintiff seeks damages under various tort and contract theories.
Defendants assert counterclaims, namely, a claim seeking a declaration that Defendants satisfied the nonrenewal requirements of the Petroleum Marketing Practices Act (" PMPA"), 15 U.S.C. § § 2802, 2804, a trademark infringement claim under the Lanham Act, 15 U.S.C. § 1114(1), breach of contract and unjust enrichment claims, and a claim for attorneys' fees.
Defendants now move for summary judgment, seeking an order granting their counterclaims and dismissing all Plaintiff's claims. The Court previously granted Defendants' motion for a preliminary injunction due to Plaintiff's continued occupancy of the Premises and wrongful act of selling gasoline under the Gulf Oil trademark long after Gulf Oil ceased delivery to Plaintiff. The Court ordered Plaintiff to vacate and surrender the Premises, return to Defendants all property belonging to them, and remove Plaintiff's personal property without harming the Premises. See dkt. no. 40. The Court now GRANTS Defendants' motion for summary judgment in its entirety for the reasons set forth below.
The following facts are not in dispute, unless so noted, and are derived from the parties' summary judgment submissions and submissions on the motion for a preliminary injunction. Until 2001, the Premises were owned by non-party Exxon Corporation. Non-party J& V Central Service, Inc. (" J& V") operated the gas station as an Exxon franchisee. In 2001, Cumberland bought the Premises from Exxon, and J& V became a Gulf Oil franchisee. On or about December 1, 2010, J& V entered into the most recent franchise and lease agreements with Gulf Oil concerning J& V's occupancy of the gas station. These agreements were to expire on November 30, 2013. On April 19, 2012, J& V assigned to Plaintiff the Gulf Oil franchise and lease agreements.
Former defendants David Ross (" Ross") and Richard Becker (" Becker") own 880 CPA and its parent, Patio.com, a furniture store. On or about October 18, 2012, before forming 880 CPA, Ross made an unsolicited offer to Cumberland to purchase the Premises. On or about June 19, 2013, Cumberland's Real Estate Manager, JoAnne Miller (" Miller") emailed Plaintiff's principal, Jim DeRentis (" DeRentis"), disclosing the negotiations with Ross and Becker, and acknowledging Plaintiff's possible interest in purchasing the Premises:
As we discussed, there is a contract being negotiated at $1.3 million. Once all terms and conditions have been agreed to . . . you will be given a signed copy of the Purchase and Sales Agreement. . . . [I]f you are interested in submitting an offer please send it to my attention.
See Affidavit of Joanne Miller (" Miller Aff.") Ex. 1.
On June 26, 2013, Cumberland's Director of Real Estate Acquisitions and Divestments, Deborah Gonsalves (" Gonsalves"), further informed Plaintiff by letter that Cumberland had decided to divest the Premises and that Plaintiff had thirty days to submit an offer to purchase the property. See Plaintiff's Opposition Memorandum (" Opp. Mem.") Ex. B. The letter said Cumberland was not obligated to accept Plaintiff's offer, but if Cumberland contracted with a third party, Plaintiff retained its right of first refusal under the PMPA. Id.
Separately, on June 28, 2013, Gulf Oil, through its Regional Director of Dealer Sales Operations and Property Management, Rich Watts (" Watts"), notified Plaintiff by letter that the franchise relationship would terminate October 7, 2013, purportedly because Plaintiff had failed continuously to operate the gas station at the Premises, by not dispensing fuel for at least seven consecutive days. Id. Ex. C. This letter was sent on behalf of Cumberland and on Cumberland letterhead.
With respect to the purported non-operation of the gas station, Plaintiff claims it ceased operations for four months in the fall and winter of 2012, because Cumberland required Plaintiff to close the gas station so that Cumberland could install new oil storage tanks. Plaintiff does not proffer evidence, however, of such tanks having been installed successfully, or of the impact that work had on the environment surrounding the tanks. In any event, after transmission of the June 28, 2013 letter citing non-operation as a basis to terminate the franchise, no further action was taken on that basis. Defendants instead decided to move forward with divestiture of the Premises, which provided separate and independent grounds to terminate the franchise under the PMPA.
On July 25, 2013, responding to the June 2013 notices concerning divestiture and ongoing negotiations with 880 CPA, Plaintiff offered Defendants $800, 000 to buy the Premises, which was the August 16, 2010 appraisal value upon which Plaintiff's rent was based.[1] Id. Ex. D. By letter dated August 27, 2013, however, Cumberland formally notified Plaintiff that Cumberland had received a $1.3 million offer from 880 CPA. See Miller Aff. Ex. 3. The August 27 letter advised Plaintiff that, under the PMPA, Plaintiff had forty-five days to exercise its right of first refusal by making an offer to purchase the Premises at the same purchase price. Id. Barring that, the franchise would be " terminated and non-renewed effective December 9, 2013, " 109 days later. Id. Cumberland attached a copy of the Revised Summary to Title I of the PMPA as published in the Federal Register, as well as a copy of the sales contract with 880 CPA. Id. Ex. 2, 3. The agreement with 880 CPA required a down payment of $750, 000, with the remaining amount due at closing. Id. Ex. 2.
On October 11, 2013, Plaintiff commenced the instant action in New York Supreme Court, Westchester County, although the action later was removed to this Court. Plaintiff also sent a letter to Watts outlining Plaintiff's theory that Defendants were " conspiring" with former defendant and fellow Gulf Oil franchisee Syed Kirmani (" Kirmani")[2] to strip Plaintiff of the franchise in violation of the PMPA. Id. Ex. 4. Plaintiff claimed the $750, 000 down payment was highly unusual and had been selected purposely, so that Plaintiff could not exercise its right of first refusal. Defendants allegedly knew Plaintiff was unable to make a down payment of that magnitude for cash flow reasons. Despite these accusations, however, Plaintiff informed Cumberland that Plaintiff would exercise its right of first refusal to match 880 CPA's $1.3 million offer. Id.
On October 24, 2013, Cumberland acknowledged Plaintiff's wish to exercise its right of first refusal and advised that Plaintiff would receive the same contract as 880 CPA had received, except that the down payment would be reduced dramatically to $130, 000 to accommodate Plaintiff's financial condition. On October 28, 2013, Cumberland sent Plaintiff's counsel a proposed purchase and sale agreement for the Premises with the new down payment amount. See Affidavit of Deborah Gonsalves (" Gonsalves Aff.") Ex. 1. The remainder of the $1.3 million purchase price would still be due at closing. The only other difference was the inclusion of a Mutual Termination and General Release Agreement form attached to the sales contract, which would have resolved the instant litigation:
[I]n consideration of Gulf [Oil] agreeing to relieve [Plaintiff] from the operation of [its] Retail Motor Fuel Outlet and to terminate all Contracts and Agreements, . . . [Plaintiff] releases Gulf [Oil] from any and all claims and causes of action which [Plaintiff] has or might have against Gulf [Oil], irrespective of the source thereof, and whether such claims or causes of action are now known or unknown.
Id. Cumberland requested that Plaintiff sign and submit the agreement, along with the down payment, by November 6, 2013. Id.
On November 7, 2013, having not heard from Plaintiff, Gonsalves called Plaintiff's counsel to determine whether Plaintiff would purchase the Premises. Plaintiff's counsel allegedly raised the conspiracy accusations again and failed to discuss the proposed sales agreement. On November 8, 2013, Gonsalves wrote to Plaintiff's counsel requesting a response to the sale agreement by November 15, 2013, and noting that Plaintiff's failure to respond would be deemed a non-exercise of the right of first refusal. Gonsalves noted that she was available to discuss the agreement with Plaintiff's counsel but would not discuss other issues (i.e., the " conspiracy" accusations).
On December 9, 2013, the date upon which the nonrenewal of Plaintiff's franchise was to take effect, Defendants removed the instant action to federal court after not hearing further from Plaintiff's counsel. Until this Court's previous order directing Plaintiff to vacate the Premises, Plaintiff continued to occupy them without paying the monthly rent or use and occupancy, continued to purchase gasoline--but from an unknown vendor, not from Gulf Oil--and continued to sell gasoline using the trademarked Gulf Oil logo.
Federal Rule of Civil Procedure 56 states, in pertinent part: " The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). The moving party bears the initial burden of pointing to evidence in the record, " including depositions, documents . . . [and] affidavits or declarations, " Fed.R.Civ.P. 56(c)(1)(A), " which it believes demonstrate[s] the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party also may support an assertion that there is no genuine dispute by " showing . . . that [the] adverse party cannot produce admissible evidence to support the fact." Fed.R.Civ.P. 56(c)(1)(B). If the moving party fulfills its preliminary burden, the onus shifts to the non-moving party, which must identify " specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (quoting Fed.R.Civ.P. 56); Bennett v. Watson Wyatt & Co., 136 F.Supp.2d 236, 244 (S.D.N.Y. 2001).
A genuine dispute of material fact exists when " the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248; accord Benn v. Kissane, 510 F.App'x 34, 36 (2d Cir. 2013); Gen. Star Nat'l Ins. Co. v. Universal Fabricators, Inc., 585 F.3d 662, 669 (2d Cir. 2009); Roe v. City of Waterbury, 542 F.3d 31, 35 (2d Cir. 2008). Courts must " constru[e] the evidence in the light most favorable to the non-moving party and draw[] all reasonable inferences in its favor." Fincher v. Depository Trust & Clearing Corp., 604 F.3d 712, 720 (2d Cir. 2010) (quoting Allianz Ins. Co. v. Lerner, 416 F.3d 109, 113 (2d Cir. 2005)). In reviewing the record, " the judge's function is not himself to weigh the evidence and determine the truth of the matter, " nor is it to determine a witness's credibility. Anderson, 477 U.S. at 249; see also Kaytor v. Elec. Boat Corp., 609 F.3d 537, 545 (2d Cir. 2010) (" The function of the district court in considering the motion for summary judgment is not to resolve disputed questions of fact."). Rather, " the inquiry performed is the threshold inquiry of determining whether there is the need for a trial." Anderson, 477 U.S. at 250.
A. Counterclaim One -- Declaratory Judgment Under the PMPA
Defendants' first counterclaim seeks a judgment declaring that the nonrenewal of Plaintiff's franchise was proper. Under the PMPA, " [p]rior to termination of any franchise or nonrenewal of any franchise relationship, the franchisor shall furnish notification . . . to the franchisee . . . (2) . . . not less than 90 days prior to the date on which such termination or nonrenewal takes effect." 15 U.S.C. § 2802(a), (b)(2). The franchisor must send notification by certified mail or hand delivery and must state its intent to terminate or not renew, the reasons for termination or nonrenewal, the effective date thereof, and a summary statement published in the Federal Register. 15 U.S.C. § 2802(c); see also 61 Fed. Reg. 32, 786 (summary of PMPA Title I as set out by Department of Energy).
Permissible, statutory grounds for nonrenewal include " a determination by the franchisor in good faith and in the normal course of business . . . to sell [the] premises . . . ." 15 U.S.C. § 2802(b)(3)(D)(i)(III).[3] The " good faith" language is meant " to preclude sham determinations from being used as an artifice for termination or non-renewal." Darling v. Mobil Oil Corp., 864 F.2d 981, 990 (2d Cir. 1989) (quoting S. Rep. No. 95-731 (1978), reprinted in 1978 U.S.C.C.A.N. 873, 896). The " normal course of business" language requires that the franchisor's decision be " the result of the franchisor's normal business decision making process." Id. These two requirements provide protection from arbitrary and discriminatory nonrenewal, and yet " avoid judicial scrutiny of the business judgment itself." Id.
Separately, where the premises are leased to a franchisee, nonrenewal requires that the franchisor: (a) if applicable, " offer[] the franchisee a right of first refusal of at least 45-days duration of an offer, made by another, to purchase such franchisor's interest in such premises, " 15 U.S.C. § 2802(b)(3)(D)(iii)(II); or (b) make " a bona fide offer to sell, transfer, or assign to the franchisee [the] franchisor's interests in such premises, id. § 2802(b)(3)(D)(iii)(I). See also Roberts v. Amoco Oil Co., 740 F.2d 602, 606 (8th Cir. 1984) (noting that " bona fide offer" requirement and aforementioned " good faith" requirement are " separate inquiries").
Defendants seek summary judgment on their first counterclaim based on record evidence that (1) they decided to sell the Premises in good faith and in the normal course of business, (2) they offered Plaintiff a right of first refusal and bona fide offer and gave Plaintiff forty-five days to exercise that right, and (3) they gave Plaintiff 109 days' notice of nonrenewal in writing by certified mail and hand delivery, stating the reason for the nonrenewal (divestiture) and providing an effective date for the nonrenewal and the summary statement set out by the Department of Energy.
1. Good Faith and in the Normal Course of Business
Cumberland submits that its real estate department evaluated the $1.3 million offer from 880 CPA using its normal procedures. See Miller Aff. ¶ ¶ 3-5. According to Miller, Cumberland also acted in the normal course of business in provisionally accepting 880 CPA's offer. The terms were financially beneficial and outweighed the advantages of continuing to operate the gas station through a franchisee. Id. ¶ 5. Defendants therefore argue that the " normal course of business" requirement is satisfied.
Plaintiff does not dispute that the decision to sell was made in the ordinary course. Plaintiff contends, rather, that Cumberland did not act in good faith and, separately, that Cumberland did not make Plaintiff any bona fide offer. Cumberland, through Gulf Oil's Business and Asset Development Manager, Ronald Mals (" Mals"), purportedly made oral representations to Plaintiff that the franchise would be renewed, while in fact a different decision was being made. See Opp. Mem. at 13-14. Also, the June 26, 2013 letter inviting Plaintiff to make an offer to purchase the Premises, followed closely by the June 28, 2013 letter notifying Plaintiff of termination due to seven-day nonoperation, purportedly evidences bad faith. Id. Judging by the letters, Plaintiff argues, Defendants were developing a pretext to put Plaintiff out of business. See id.; see also Affidavit of James Derentis (" Derentis Aff.") ¶ 7.
Plaintiff's assertion that Cumberland made oral representations concerning renewal of the franchise is not compelling and does not raise an issue of material fact. The record establishes that Defendants were entertaining interest from Becker and Ross as early as 2012. It may therefore be true that representations Mals made to Plaintiff regarding likely renewal were premature. But that does little to establish bad faith. The evidence indicates, rather, that Defendants received an offer in the ordinary course, engaged in gradual discussions, and ultimately put pen to paper on a sale agreement in 2013 once 880 CPA was formed. As discussions advanced and terms crystallized, Defendants ceased any assurances to Plaintiff concerning renewal and instead notified Plaintiff in writing of the 880 CPA discussions.
Likewise, Plaintiff's assertion that the two June 2013 letters suggest pretext and bad faith is unsupported speculation that does not raise a material factual issue. DeRentis' cousin, David Linn, submits based on secondhand knowledge that the gas station closed for four months because Gulf Oil was performing environmental and construction work on the property. See Affidavit of David Linn (" Linn Aff.") ¶ 4. DeRentis submits the same. See DeRentis Aff. ¶ 12. Neither party provides documentary evidence confirming how long the station was closed or any evidence demonstrating what the outcome of this work was. But ultimately, for franchise termination purposes, it does not matter. Defendants' letters cited two distinct bases upon which to terminate the franchise, which they wanted to do in their business judgment. The fact that Defendants initially pursued two bases for termination, and that one basis later became redundant, does not suggest something nefarious. Defendants had every right to exercise their business judgment to terminate on whatever permissible grounds existed. Eventually, Defendants abandoned the nonoperation basis and pursued statutory prerequisites to seek to terminate the franchise relationship on grounds of divestiture. Without more, the coincidental timing of the two letters and the dual bases for pursuing franchise termination do not evidence bad faith. The Court finds no material issue of fact as to Defendants having decided in good faith and in the normal course of business to sell the Premises.
2. Bona Fide Offer to Sell
Plaintiff also argues, for the first time on summary judgment, that Defendants did not satisfy the separate statutory requirement of either (a) a right of first refusal, or (b) a bona fide offer to sell. As noted, having made a good faith decision to sell to a third-party, Defendants must have extended a right of first refusal, if applicable, thereby permitting Plaintiff to buy the Premises on the same terms as were offered to the third-party, or Defendants must have made a bona fide offer to sell the Premises to Plaintiff. See Atlantic Avenue Oil & Gas Co., Ltd.
v.. Texaco Refining & Mktg., Inc., 699 F.Supp. 27, 31 (E.D.N.Y. 1988) (collecting authorities). Plaintiff argues that the notion of a right of first refusal does not apply here, since the agreement with 880 CPA was for land only. The agreement with 880 CPA (and the proposed agreement with Plaintiff) stated that Defendants would dispose of all personal property--including certain equipment necessary for further fuel sales (e.g., storage tanks)--and that Defendants would absorb the cost of any related environmental remediation. Plaintiff argues that because they could not adopt the equipment-removal provision without it gutting their business, there is no possible exercise of the right of first refusal that could have protected Plaintiff's interests, such that the right is simply inapplicable. As to whether there was a bona fide offer to sell Plaintiff the Premises, Plaintiff contends the offer was not bona fide, also because of the equipment-removal provision in the proposed agreement. See Roberts v. Amoco Oil Co., 740 F.2d 602, 607 (8th Cir. 1984) (" [A]s a matter of law . . . a bona fide offer to sell leased marketing premises under the PMPA must include the gasoline tanks, storage tanks, dispensers, and other equipment.").
Even assuming arguendo that the " right of first refusal" statutory subsection does not apply here, the Court finds that Defendants made a bona fide offer to sell Plaintiff the Premises. To the extent that the Eighth Circuit's opinion in Roberts holds differently, this Court declines to follow that authority. The Court instead adopts the reasoning in Atlantic Avenue and Tobias v. Shell Oil Co., 782 F.2d 1172 (4th Cir. 1986). Those cases stand for the proposition that " the franchisor need not offer the franchisee those items of property on the premises that pose a threat of future pollution and liability." Atlantic Avenue, 699 F.Supp. at 31; see also Tobias, 782 F.2d at 1174 (franchisees' rights do not include the right to environmentally hazardous storage tanks in use at the time of the offer to sell).
The proposed sale agreement allocated to Defendants the responsibility for removing " underground storage tanks, the canopy, the lines, pumps, pump islands and related equipment . . . in compliance with the applicable federal, state and local laws and regulations." Miller Aff. Ex. 2 ¶ 12. The agreement also allocated to Defendants the cost of any remediation resulting from environmental contamination. Id. The record contains no direct evidence explaining why this provision was included in the document. Plaintiff has not proffered evidence demonstrating that the work done during the 2012 station closing eliminated future environmental contamination risk. Nor has Plaintiff proffered admissible parol evidence, as opposed to mere speculation, as to the reasoning behind the tank-removal and remediation provision. Absent such evidence, the plain meaning and the obvious significance of the contract provision carry the day. The provision's import becomes especially clear when compared against possible sources of liability for environmental contamination.
In particular, the New York Navigation Law (a/k/a the " Oil Spill Act") imposes statutory strict liability on parties " who ha[ve] discharged petroleum." N.Y. Nav. Law § 181(1). A viable Section 181(1) claim requires that: (i) the defendant is a " discharger"; (ii) a discharge of petroleum occurred; and (iii) the discharge contaminated property. Lambrinos v. Exxon Mobil Corp., No. 00-cv-1734, at *19 (N.D.N.Y. Sept. 29, 2004) (summarizing New York state authorities). Notably, the New York Court of Appeals has extended potential Section 181(1) liability to both prior owners and successor-owners of gasoline stations and underlying property. See New York v. Speonk Fuel, Inc., 3 N.Y.3d 720, 724, 819 N.E.2d 991, 786 N.Y.S.2d 375 (2004); see also Sunrise Harbor Realty, LLC v. 35th Sunrise Corp., 86 A.D.3d 562, 565, 927 N.Y.S.2d 145 (App.Div. 2011) (" [A] landowner who purchases the property after a spill occurred may be liable if it did nothing after it learned of the discharge and the need for a cleanup.").
Contemplating successor ownership of property that housed a gasoline station, 880 CPA understandably would have been reluctant to incur potential liability under the Oil Spill Act or comparable law, without providing for remediation or indemnification. Likewise, Gulf Oil and Cumberland, as the prior owner-franchisor of the Premises, would have wanted to ensure that tank removal and remediation occurred, upon divestiture, or to provide for indemnification.
In other words, although Plaintiff now frames the tank-removal provision as having been a deal-breaker, that post hoc characterization does not mean the provision was a creature of bad faith or some " conspiracy" to put Plaintiff out of business. Rather, the provision falls squarely within the category of contract terms the Atlantic Avenue and Tobias courts held do not undercut the bona fides of an offer to sell. In fact, the reasoning in those decisions applies a fortiori here, where the record demonstrates that Plaintiff had opportunities to clarify the contract provision's application to any essential above-ground equipment, or to negotiate refinements of the provision, and Plaintiff did not do so. See First Affidavit of Deborah Gonsalves (" First Gonsalves Aff.") Ex. 2 (" I will not address any issues other than the Agreement . . . .") (emphasis added). Nor does the Court find compelling Plaintiff's argument that the allocation of equipment-removal and remediation costs to Defendants had distorted the sale price. That argument is entirely speculative and is not grounded in any record evidence. See Anderson, 477 U.S. at 248 (if the moving party fulfills its preliminary burden, the onus shifts to the non-moving party).
In sum, the Court finds no issue of material fact concerning Defendants' good faith and normal course decision to sell the Premises. The Court also finds that Defendants extended Plaintiff a bona fide offer to sell the Premises. Defendants likewise followed other statutory prerequisites to franchise termination on grounds of divestiture, and, consequently, they terminated the franchise in accordance with the PMPA. The Court grants Defendants' motion for summary judgment on counterclaim one.
B. Counterclaim Four -- Infringement of Federally Registered Trademarks Under the Lanham Act
Moving to counterclaim four, Defendants allege that Plaintiff's continued use of the Gulf Oil trademark after franchise termination amounted to trademark infringement. Under the Lanham Act, any person who, without permission
use[s] in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,
is liable to the owner of the trademark. 15 U.S.C. § 1114(1)(a). Defendants must show (1) that their trademark is entitled to protection, and (2) that " use of the mark is likely to cause consumers confusion as to the origin or sponsorship of the defendant's goods." Virgin Enters. Ltd. v. Nawab, 335 F.3d 141, 146 (2d Cir. 2003) (citing Gruner Jahr USA Publ'g v. Meredith Corp., 991 F.2d 1072, 1074 (2d Cir. 1993)).
On the first element, registered trademarks are " presumed distinctive and should be afforded the utmost protection." Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 871 (2d Cir. 1986). Defendants have provided documents from the U.S. Patent and Trademark Office showing the Gulf trademark was registered February 21, 1956, and most recently renewed for a ten-year term on April 7, 2006. This evidence is unrebutted.
On the second element, several district courts have held that continued use of a trademark after a franchise agreement ends is likely to cause consumer confusion because " [a] franchisee's use of the franchisor's marks is unauthorized if the franchisor properly terminated the franchise agreement." 7-Eleven, Inc. v. Khan, 977 F.Supp.2d 214, 2013 WL 5585007, at *19 (2013) (quoting 7-Eleven, Inc. v. Dhaliwal, No. 12-CV-02276-KJM-GGH, 2012 WL 5880462, at *5 (E.D. Cal. Nov. 21, 2012)); Dunkin' Donuts Franchised Restaurants LLC v. Tim & Tab Donuts, Inc., No. 07-CV-3662 (KAM) (MDG), at *23 (E.D.N.Y. Sept. 15, 2009); accord McDonald's Corp. v. Robertson, 147 F.3d 1301, 1308 (11th Cir. 1998). As previously discussed, Defendants properly terminated Plaintiff's franchise on or about December 9, 2013. Plaintiff concedes that it continued to operate a gas station on the Premises after that date. Also undisputed, Gulf Oil stopped supplying Plaintiff with gasoline on or about December 9, 2013, as was Gulf Oil's right because the franchise had ended. Gulf Oil's final, December 9, delivery was for a limited amount of gasoline. Thereafter, Plaintiff purchased gasoline from an unknown third-party supplier and continued to sell gasoline. Plaintiff does not deny this. Plaintiff therefore admittedly operated as a putative Gulf Oil franchisee until at least March 2014.
Defendants have met their burden by demonstrating the apparent, unauthorized sale of third-party gasoline at the Premises, which amounts to unauthorized use of the registered Gulf Oil trademark and constitutes infringement under the Lanham Act. See Church of Scientology Int'l v. Elmira Mission of the Church of Scientology, 794 F.2d 38, 44 (2d Cir. 1986) (" the use of a mark by a former licensee confuses and defrauds the public"). In response, Plaintiff relies on the record's silence as to the identity of the third-party supplier. Plaintiff also relies upon self-serving statements indicating that the third-party gasoline may have been Gulf Oil product, which could undercut the Lanham Act claim under the " first sale doctrine." See DeRentis Aff. ¶ 13 (" I have no knowledge of any gasoline products being sold by SCS at the Premises other than Gulf branded petroleum."); Linn Aff. ¶ 12 (station manager " indicated" to Linn that the gasoline " was Gulf gas product"). Plaintiff's submission is insufficient to rebut the record evidence of trademark infringement. Plaintiff cannot forestall summary judgment simply by concealing the identity of the third-party supplier, where Plaintiff is in the best position to identify that supplier. Once Defendants meet their preliminary burden of demonstrating infringement, as they have done here with circumstantial evidence, the onus is on Plaintiff to produce evidence demonstrating that there actually was no infringement. Anderson, 477 U.S. at 248. Plaintiff has produced no such evidence; the DeRentis and Linn statements do not suffice. Those statements are foundationless and have little, if any, evidentiary value. Accordingly, the Court grants Defendants' motion for summary judgment on counterclaim four.
C. Counterclaims Two, Three and Six: Breach of the Lease and the Supply Contract and Unjust Enrichment
Defendants also move for summary judgment on counterclaims two and three and on grounds of unjust enrichment. Counterclaim two alleges that Plaintiff breached the operative real property lease by failing to pay holdover rent for the months following November 2013, when Plaintiff remained on the Premises. Counterclaim three alleges that Plaintiff breached its supply contract with Gulf Oil by failing to pay for deliveries of gasoline Gulf Oil made to the Premises on November 22, 2013 (gasoline worth $16, 755.83) and November 27, 2013 (gasoline worth $29, 920.59).
It is undisputed that Plaintiff continued to occupy the Premises from December 2013 through at least early 2014, and that Plaintiff failed to pay rent or use and occupancy during that time. See Affidavit of Ronald Mals (" Mals Aff.") Ex. 5. Likewise, Plaintiffs have failed to rebut with proof of payment the evidence of two November 2013 gasoline deliveries. See id. Ex. 5-6. Any defense Plaintiff might have to liability for the delinquent rent, use and occupancy, and gasoline cost, rises and falls--and here, falls--with the Court's conclusion concerning proper franchise termination. That conclusion, the operative contract terms, and the most basic unjust enrichment principles compel summary judgment for Defendants for the amounts due in unpaid rent and gasoline costs. The Court grants Defendants' motion for summary judgment on counterclaims two and three. As an alternative avenue to the same relief, the Court also enters summary judgment for Defendants on counterclaim six, which advances an unjust enrichment theory.[4]
D. Attorneys' Fees and Costs
Next, Defendants seek an order awarding them reasonable attorneys' fees and costs. The operative real property lease, which incorporates the supply contract by reference, provides that the lessee, Plaintiff, " shall reimburse [Gulf Oil] for all reasonable costs (including all attorneys' fees) that [Gulf Oil] incurs in enforcing its rights and remedies under this Lease." See Mals Aff. Ex. 1 ¶ 19. Gulf Oil's rights under the lease include the right not to renew, after any notice required by law. Id. ¶ 12. The lease also affords Gulf Oil the right to collect rent. Id. ¶ 3.
Through its counterclaims and other pleadings, Gulf Oil has sought to vindicate its rights not only under the PMPA and Lanham Act, but also under the lease and supply agreement. By virtue of this Court's summary judgment decision on the above counterclaims, Gulf Oil and its parent, Cumberland, successfully have enforced cognizable rights and remedies under the lease and supply agreement. Accordingly, Gulf Oil is entitled to reasonable attorneys' fees and costs under the plain language of the lease and supply agreement. Because Defendants are seeking this recovery by contract, and not under the PMPA, Plaintiff's argument in opposition misses the mark. See Cumberland Farms, Inc. v. Lexico Enters., Inc., 10-cv-4658, at *9-10 (E.D.N.Y. Feb. 16, 2012) (contractual fee-shifting provision " evinces a clear intent" to indemnify for the cost of enforcing rights and remedies under the contract). The Court grants Defendants' motion for summary judgment on their claim for attorneys' fees and costs.
E. Plaintiff's Claims
Plaintiff's First Amended Complaint (dkt. no. 37) seeks relief under the PMPA (claims one and two), by contract (claim three), for tortious interference with contract (claim four), in the form of declaratory relief (claim five), on grounds of fraud (claim six) and unfair competition (claim seven), and for a breach of the implied warranty of good faith and fair dealing (claim eight). Each of these claims attempts to piggyback on the aforementioned argument that Defendants did not act in good faith when they decided to terminate the franchise agreement and sell the Premises.
Claims one and two fail based on the above PMPA analysis and the Court's conclusion that Defendants properly terminated the franchise. Claim three fails based on the above contract analysis and the conclusion that Defendants properly exercised their rights under the operative contracts. The remaining claims, one through four, sound in tort. Plaintiff argues that the claims raise issues of material fact. The Court disagrees. As Plaintiff acknowledges, each of these claims requires an absence of good faith, i.e., some form of malice or scienter. In that regard, the above conclusions concerning good faith and a bona fide offer to sell are dispositive. There is simply no evidence that Defendants acted in bad faith, made any knowingly false representation, or otherwise dealt with Plaintiff in a legally unfair manner. Speculation and argument to the contrary do not sustain a tort claim in the absence of actual evidence. The Court grants Defendants' motion for summary judgment as to all eight claims asserted in the amended complaint, thereby dismissing those claims.
Defendants' motion for summary judgment is GRANTED in its entirety. The Clerk of Court is respectfully requested to terminate the motion at docket number 66. On or before March 6, 2015, Defendants shall file an appropriately-supported application for damages, encompassing: damages sought under the Lanham Act; unpaid rent and payment due for gasoline deliveries; and attorneys' fees and costs. By March 27, 2015, if necessary, Plaintiff shall file an opposition memorandum concerning Defendants' calculation of damages. The Court will issue an order thereafter or schedule a hearing if required.
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Christina Mesires Fournaris is a partner in Morgan Lewis's Personal Law Practice. Since joining Morgan Lewis in 1991, Ms. Fournaris has been committed to counseling clients on all aspects of estate, tax, and generational wealth planning.


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Having undesirable fat in various areas of your body can have a substantial effect on your health and self-esteem. While traditional weight-loss through workout and diet plan is a terrific method to reduce weight in general, even the best workouts cannot target issue locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is used to remove excess fat from specific areas of the body, permitting a specific to shape and contour their body to their taste. Is liposuction right for you? Learn now.
Pros of Liposuction
There are many benefits to this cosmetic procedure, consisting of:
• Immediately obvious changes. Unlike traditional weight-loss, liposuction produces modifications that are immediately visible in the body. Some difference is noticeable right away, and the preferred outcomes are normally attained in simply a couple of days.
• Proven and safe. This cosmetic treatment has actually been performed by skilled surgeons all over the world for many years and the technique has actually been improved over and once again to be safe and reliable.
• Healing time is normally quick. The downtime needed after having this kind of treatment is normally much less than what is needed for other kinds of cosmetic procedures, including tummy tucks, breast reduction, and more. People who have had the treatment can typically go back to work much more quickly than they prepared for and can return to living a healthy, active lifestyle.
• Weight-loss can be long-term. With the ideal upkeep methods, the fat that was eliminated during the liposuction procedure will not return.
• Complete control over your physique. With liposuction, a person can have complete control over how they wish to look, beyond exactly what traditional diet and exercise can supply. Offering individuals this power over their bodies enhances self-confidence and aid individuals feel their very best.
While there countless benefits to liposuction, there are obviously a few cautions that should be taken into consideration before making the final decision to move forward with the procedure.
Cons of Liposuction
Before having actually liposuction done, it is necessary to examine the possible downsides of the treatment and figure out if the advantages outweigh the dangers in your particular case. Your cosmetic surgeon can help you learn more about the dangers associated with the procedure and can help you choose if moving forward is the best thing for you.
• Problems with general anesthesia. Since liposuction is performed under basic anesthesia, the procedure brings the same dangers as other type of surgery where general anesthesia is used. Underlying medical conditions may enhance these threats.
• Unfavorable responses. Bruising, bleeding, and pain are all to be expected, nevertheless, in rare cases can trigger more significant complications.
• The prospective to gain the weight back. After having liposuction done, it is critical to preserve a healthy diet and exercise correctly as advised by your doctor. Failure to do so might cause acquiring back the weight that was lost or possibly even more.
There are threats associated with liposuction, for lots of individuals, the advantages far outweigh them. Inform yourself about the procedure by having extensive conversations with your cosmetic surgeon and consider how liposuction has the prospective to impact you as a distinct individual. Only you and your specialist can figure out if liposuction will provide you with the results you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Rocky River OH
Laser liposuction is a newer, minimally invasive procedure that involves heating the fat cells to melting point and getting rid of the melted fat through a little cannula. The treatment is normally done right in your physician's office and is an outstanding alternative for individuals who have less than 500 ml of fat to remove from any one location. Laser liposuction can be a safe, complementary treatment to weight reduction in order to shape the body you've always desired.
Contact a Cosmetic surgeon in your Rocky River OH today.
If you're thinking about liposuction as a weight-loss option, it is necessary that you discuss your desires with a qualified cosmetic surgeon in your location. Your specialist will perform a complete test and health history survey to figure out if liposuction can benefit you and help you reach your physical and psychological goals. Call today for an examination and learn more about how liposuction can assist you attain the body of your dreams.


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Details of this Paper
Research the case of Daniel
Research the case of Daniel M?Naughten and the creation of the M?Naughten rule. Provide a one page (double spaced) summary of the case and your opinion as to the applicability that it has today. Additionally please provide one outside source of information.;http://criminal.findlaw.com/crimes/more-criminal-topics/insanity-defense/the-mnaghten-rule.html;Additional Requirements;Min Pages: 2;Level of Detail: Only answer needed
Paper#15892 | Written in 18-Jul-2015Price : $37


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Scott Sutherland School of Architecture & Built Environment has an active and vibrant research community. If you undertake a research degree with us, you will work alongside, and be supported by, experienced researchers and academics.
Research students are located together with the research community to encourage peer support and are fully included in research seminars, debates and other activities.
Funded research studentships are regularly offered by the University.
Research at the Faculty of Design & Technology develops novel technologies highly relevant to industry and generates creative spaces for new forms of practice in Engineering, Environmental Science, Computing, Architecture & Built Environment and Art & Design.
View a selection of past and present student's work and find out more about what's going on at Scott's.


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Released on July 26, Tanya Donelly's third solo album, Whiskey Tango Ghosts, is a new departure for her. On this gorgeous set of songs the musical arrangements are boldly stripped-down, with the emphasis on her warm, resonant voice. "It was a deliberate decision to turn my vocals up. I used to wince at the sound of my own voice. This time I resisted the impulse to turn it down," says Tanya. "And I've moved away from criss-crossing melody lines. I wanted to keep this album streamlined, the simplest possible." From the solitary swing of 'Divine Sweet Divide', to the mellow Hammond organ of 'The Center', and the percussive 'Story High', Tanya has created a sensual, hypnotic album that is her most assured yet.
Recorded earlier this year near her home in Cambridge, Massachusetts, it features Tanya's husband Dean Fisher (ex-Juliana Hatfield) on guitar, bass and drums, Rich Gilbert (Frank Black and the Catholics) on pedal steel and Nashville guitar, and pianist Elizabeth Steen (Natalie Merchant). Though Tanya had the final veto, there are no production credits. "It was very fluid, everyone had input in that area," she says. Tanya's track record is impressive: a founder member of Throwing Muses with her step-sister Kristin Hersh, she left in 1991 to form the Breeders with Kim Deal. Soon after the Breeders' trailblazing debut, Pod, Tanya moved on to create her own group, Belly, and their 1993 debut album Star sold a million copies worldwide. They released a follow-up album, King, but by the mid-nineties Tanya wanted to leave the band format behind and branch out on her own. Her solo debut, Lovesongs For Underdogs, came out in 1997, to be followed by Beautysleep in 2002.
For Whiskey Tango Ghosts she explores new sounds, drawing on her love for Stephen Sondheim and country music to celebrate the simplicity of song and voice. She cites Lucinda Williams, Gram Parsons and Emmylou Harris as an influence, along with alt-country stars like Neko Case and Wilco. "I'm less afraid of country now. If I had a melodic chorus, I'd always write an ugly verse so it didn't sound too nice. Now I'm letting what comes come."
Minimalist and melodic, each song is partly autobiographical, a reflection on where she is now. 'Divine Sweet Divide', for instance, is about "working the space between yourself and somebody else", while the spine-tingling 'My Life As A Ghost' is about being a mother and "stepping out of the stream of youth culture", and 'Golden Mean', "finding the state of neither excess nor deficiency. Balance. My history is one of extremes. Too much drinking, no drinking. Too much love, no love!" The sweet, languid melodies and sparse arrangements also reflect the atmosphere in which the album was made. "It was a really oppressive winter here; a frozen, quiet, weird winter. A horrible war, a horrible administration, a bleak, mean winter. This isn't the subject of the songs, but it is the tone."
There's also the combative undertow of 'Whiskey Tango', the joy and struggle of lifelong friendship in 'Just In Case You Quit Me', and a personal experience of Chaos theory with 'Butterfly Thing'. Each track is self-contained, gently off-kilter and beautifully sung - a statement of love and life that Tanya will take on the road this summer. After touring the US, she plays London's Bush Hall on July 27th and 28th, with possible further dates to be added. This is Tanya Donelly as you've never heard her; stepping away from the shield of dissonant rock guitar to calmly and confidently take centre stage.


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- Durable Tile Flooring in Plainview, TX
- Ceramic Tile Installation in Plainview, TX
- Travertine Tile Installation in Plainview, TX
Tile Installation in Plainview, TX
Tile installation services in Plainview, TX are definitely worth looking into if you need new flooring in a certain area of your home. Whether it is your kitchen, bathroom, basement, or some other room, you will find that tile is a great overall selection for a number of reasons. There are many different types of tile to choose from, so you will have to take the time to look into some of your options before deciding which kind you want to have installed in your home.
Avg Costs for Tile Installation
Min Cost
Max Cost
Avg Cost
$701.64 - $948.95
Find the Best Quality Tile Installation - Plainview, TX
One of the best things about Plainview tile installation services is that this kind of flooring will last a long time and is low-maintenance. The tile flooring Plainview, TX has to offer will enhance the overall look of your house so you can be truly proud of it again. Plainview ceramic tile is an especially good option because it is so sturdy and durable as well as aesthetically pleasing. These days more and more people have started to get ceramic tile flooring installed in their homes because of how nice it looks and how long it tends to last. If you want to have new flooring installed somewhere in your home, this kind is worth considering.
Tile Installation Companies
King Carpet Plus Inc
601 Broadway St
Plainview, TX 79072
Hunter's Carpet & Tile
2408 W 5th St
Plainview, TX 79072


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The Chicago Bulls are down to the home stretch, there are three significant races for playoff positioning left to play out over the final 10 games concerning the Bulls.
1: Bulls vs Celtics for the #1 seed in the East
2: Bulls vs Heat for the #1 seed in the East
3: Bulls vs Lakers for home court in the finals
Pretty much every other race had been decided or moot.
In terms of tie breakers, the Bulls own the tiebreaker vs the Lakers and Heat and lose the tiebreaker vs the Celtics. (the Lakers tie breaker would be clinched with a win vs Minnesota or Phoenix, so I'm going to go ahead and assume the Bulls win at least one of those two games).
Here's a look at the remaining schedules
The Magic numbers break down like this presently:
vs Celtics: 9
vs Heat: 7
vs Lakers 9
For those not used to magic numbers, it's the number of combined Bulls wins + losses of the other team required for the Bulls to clinch the advantage against that team. With 10 games to go, the Bulls control their own destiny, and can lose one game and still maintain their seeding over all three teams even if any of them win out.
Against Miami, the Bulls can lose three games even if Miami were to win out.
The remaining schedules break down like this:
|@ Twolves
|@ Twolves
|@ Pacers
|@ Cavaliers
|@ Pistons
|@ Spurs
|@ Wizards
|@ Jazz
|@ Hawks
|@ Twolves
|@ Nets
|@ Warriors
|@ Cavaliers
|@ Bulls
|@ Blazers
|@ Magic
|@ Knicks
|@ Heat
|@ Hawks
|@ Wizards
|@ Raptors
|@ Kings
The Bulls schedule
The Bulls have a fairly balanced schedule remaining. They play five at home, five on the road. The Bulls should be major favored in every game remaining except possibly on the road against Orlando.
They should be heavy favorites against everyone except @Orlando, Boston, and perhaps the 76ers tonight. However, it's also worth looking at what the game means to each team.
The Magic are likely locked into the 4th seed already when the teams meet, and while I doubt they'll be resting anyone, their intensity may not match the Bulls intensity if the Bulls are still fighting for the #1 seed.
Worst case: 7-3, best case 10-0, likely 9-1 or 8-2.
The Celtics schedule
The Celtics have the toughest schedule remaining, though they catch a break with the Tim Duncan injury which takes a likely loss and gives them a good chance to win. The Celtics still have road games left against the Hawks, Heat, and Bulls on the schedule and seven road games overall.
I'd make the Celtics underdogs in at least two of their remaining games (Bulls, Heat), and the way they've been playing lately, who knows how hard they're going to push for anything at this point.
The Celtics are also caught in a battle with the Heat for the #2 seed where they hold the tiebreaker, but only have a one game lead remaining in the loss column. Do the Celtics really want to play round 2, 3, and the finals on the road in order to win a title? I doubt it. Are they going to start pushing their starters hard though? I doubt that too.
I think the odds of the Celtics catching the Bulls, despite a mere 1 game lead (2 games ties them, but Celtics win the tie), seem pretty low at this point. The Celtics have shown no sign of turning it around. I think the Celtics are likely to fall all the way to the three seed right now.
While they have the capability to win most of these games, factoring in their present level of play, it's easy to seem them dropping four or five games.
The Heat schedule
The Heat are probably too far back to catch the Bulls. The Bulls own the tiebreaker and three games in the loss column. I don't think the Bulls will finish the season 6-4 or worse which means even if the Heat win out, they aren't likely to catch Chicago.
However, looking at their schedule, the Heat have a pretty excellent chance at winning out. The toughest game left is a home tilt against the free-falling Boston Celtics. I think the Heat finish the season no worse than 9-1 and could win out. Only the Rockets, Celtics, and maybe @Hawks should pose any problems, and quite honestly, I think the Heat are considerable favorites over all those games.
Maybe they drop one game that you wouldn't expect, but the Heat haven't dropped many games that they shouldn't this season and have lost mostly just to the really good teams. As such, expect the Heat to win 9-10 games.
The Lakers schedule
The Lakers play plenty of tough games still, but almost all of them are on their home floor where it will prove difficult for any team to come in and win. They still play the Hornets, Mavericks, Nuggets, Thunder, and Spurs at home while taking on the Blazers on the road.
The Lakers are awfully hot right now, and they have home court for most of these games, but I don't see them winning out vs that group. The Spurs game could go in several directions depending whether or not Duncan is back yet and whether or not the game means anything.
I think the Lakers odds are similar to the Bulls the rest of the way. Their worst case is 7-3, their best case is to win out. I'm going to predict an 8-2 finish for the Lakers, but I wouldn't be surprised with something better.
Final thoughts
The Bulls should take the #1 seed. Only Boston really cranking up their intensity a ton right now and winning out would likely change that. The most interesting race left is the Bulls vs Lakers for potential home court in the finals.
Granted, that race is also by far the least meaningful. The Bulls aren't favorites vs the field to come out of the East, nor are the Lakers favorites vs the field to come out of the west. The odds of this matchup happening aren't that great, but it's something both teams are still going to likely look at before resting anyone down the stretch.
Filed under: Uncategorized
Tags: boston celtics, chicago bulls, l.a. lakers, miami heat, playoffs, schedule, seeds, tiebreakers


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Brocade River Poems:
Xue Tao (A.D. 768-831) was well known as a poet in an age when all men of learning were poets--and almost all women were illiterate. As an entertainer and official government hostess, she met, and impressed, many of the most talented and powerful figures of her day. As a maker of beautiful paper and a Taoist churchwoman, she maintained a life of independence and aesthetic sensibility. As a writer, she crrated a body of work that is by turns deeply moving, amusing, and thought-provoking. Drawing knowledgeably on a rich literary tradition, she created images that here live again for the contemporary reader of English. This bilingual edition contains about two-thirds of Xue Tao's extant poems. The translations are based on accurate readings of the originals and extensive research in both Chinese and Japanese materials. The notes at the end of the book explain allusions and place the poems in the context of medieval Chinese culture and its great literary heritage, while the opening essay introduces Xue Tao's work and describes her unusual life history.
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Sunday, October 30, 2005
cat fight. . .
. . .so, apparently there is dis-harmony among the feline family members.
Trixie is the tuxedo cat and Livingston is the Snowshoe. Livie is the baby of all our cats (we have three), but Trixie is the most needy. having three cats is at times interesting. . .at times annoying. . .and at times, amusing.
they are a part of the family though - and we love them.
catch you soon -
Written By: Hillary Chybinski
I'm Hillary - a wife, mom, Lifestyle Blogger, Social Media Strategist, crafter, reader and dreamer. This is my slice of the web where I share ideas and inspiration for living a simple, casual life. Find posts about adventure, family, food, home, style and more.
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Nature Wallpaper
Nature sunset
Single Palm Tree
Single Daffodil
Couples Dating and Singles
Single with Freedom
Single flower
Ever Feel SIngled Out?
Download free apps, games, themes, wallpapers, ringtones, and more for phones and tablets. Millions of members are sharing the fun and billions of free downloads served. Get our Android app, iOS app or Windows app from the official app stores today!
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Blue Marble Geographic Calculator 2014 SP1 | 386 MB
Blue Marble Geographics is pleased to announce the release of the Geographic Calculator 2014 Service Pack 1 (SP1). This interim release features new job functions including the Area Calculation Tool and the Line Intersection Tool, as well as improved text rendering on Land Survey Summary jobs.
Blue Marble's geospatial data manipulation, visualization and conversion solutions are used worldwide by thousands of GIS analysts at software, oil and gas, mining, civil engineering, surveying, and technology companies, as well as governmental and university organizations.
The Geographic Calculator is "The Global Coordinate Transformation tool" and is available in 32 or 64 bit versions. This highly accurate transformation software includes tools such as Canadian DLS (Dominion Land Survey) Land Grid tools, Seismic Survey Conversion tools, Area of Use tools for guiding users, and much more. The Geographic Calculator supports a wide range of file formats with support from the largest geodetic parameter database available anywhere.
Version 2014 SP1 features a newly created job function for the Area Calculation Tool. Formerly found on the Window menu as a popup tool, Area Calculation can now be executed directly as a full job and saved in workspaces. The Area Calculation Tool allows users to calculate area based on arbitrary boundary definitions. Users enter any number of coordinate points to describe a polygon, and can adjust the methods used for defining segments between the points. Additionally a new option has been added to load coordinates using XLS data sheets, as well as other existing file formats. The points may be defined in either Geodetic or Projected coordinates, and the calculation can be exported out to a number of vector file formats.
This release also features a newly created job function for the Line Intersection Tool. This tool is used to determine the point of intersection between two lines. The points may be defined in either Geodetic or Projected coordinates. The Line Intersection Tool can now be executed directly as a full job. These tools enable users to streamline their workflow and share jobs, projects, and workspaces with other users in different locations.
Additionally, version 2014 SP1 features enhancements to Land Survey Summary Jobs. This job enables users needing to work with surveying data within the borders of Alberta and Saskatchewan. Loaded datasets of Dominion Land Survey coordinates can then be processed generating a complement of geodesic and projected information about each point in the list. A summary of the results will then be available for preview and printing. The Land Survey Summary job functionality has had many improvements since its creation. This release includes improved text rendering for a preview of the job results. Other changes made with this release include an improved installation process for Windows 8.1 machines, as well as the official introduction of Windows 8.1 support, and many other improvements.
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541 - 08/07 - Oil Pollution Emergency Plan (PCSOPEP) requirements - Panama Canal
- Date: 31/07/2007
Bulletin 541 (62 kB)
Ships that have not submitted their PCSOPEP at least ninety-six hours in advance of arrival to Canal waters will be classified as non-compliant and will no longer be granted a grace period. Effectively, the six month grace period is no longer valid.
This information was detailed in an advisory recently issued by the Panama Canal Authority (Autoridad Del Canal De Panama) - Advisory to Shipping No. A-19-2007 entitled 'Compliance with Panama Canal Shipboard Oil Pollution Emergency Plan (PCSOPEP) requirements'.
Ships arriving to Canal waters that have not submitted a PCSOPEP to the ACP will be charged under the ACP's Tier 3 schedule. Further, the ship will not be placed into the transit queue until a $2,500.00 payment has been guaranteed by ship owners, operators or shipping agent.
Members are encouraged to ensure that the PCSOPEP is prepared at the earliest opportunity if it is anticipated that a ship will be transiting the Panama Canal.
Source of information:
Gallagher Marine Systems, LLC.
New Jersey, USA
Tel: +1 856 642 2091
Email: firstname.lastname@example.com
Industry developments
Polar Shipping
Legal, navigational and environmental resources, news and updates on the development of polar shipping. Read more
US VRP Compliance
With effect from 30th January 2014 non-tank as well as tankships calling at US ports will be required to submit VRPs. For Club and other resources to assist in compliance click here
International Environmental compliance
Environmental Compliance resource page collates material in respect of International environmental compliance issues affecting our Members. Information from the Club, Loss Prevention and external resources has been collated in one place for ease of reference.
The Maritime Labour Convention enters into force in August 2013 - resources, news & advice on implementation can be found in this dedicated section. READ MORE
International sanctions
Essential precautions and preparation against piracy, as well as additional information and resources, loss prevention advisories and useful external web links


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Ch. 8 of Managing Business Ethics separates stakeholders into four major groups. How do you define stakeholders? Which group
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- Anonymous
- Slovenia, Female, 18-24
- Novice Nomad
- 1 review
Very good location, near all turist atractions and close to the tram station. Very nice and funny voulentier.
- Anonymous
- USA, Male, 31-40
- Novice Nomad
- 7 reviews
Rifat was an excellent host, very friendly & knowledgeable. Hostel is located in the heart of old town close to everything. Beds are comfy, bathrooms are clean. Cool rooftop terrace for hanging out. Nice breakfast too. Only downside is there's no kitchen.
- Anonymous
- USA, Female, 25-30
- Avid Traveller
- 16 reviews
This is a wonderful hostel. Every amenity, very clean, rooftop terrace and cafe at the bottom were great for hanging out. The owner is very nice and treats you like a friend. It was also in a great area of town, very easy walk to the tram and lots of the main attractions.
- Anonymous
- England, Male, 31-40
- Novice Nomad
- 1 review
This is a great hostel, staffs are very friendly and hostel is very clean and comfortable rooms with beautiful view rooftop terrace and it is perfect location to everywhere also the winner thing is that it is fair price. I would definitely recommended it.
- giraldoruben145934
- USA, Male, 41+
- Novice Nomad
- 9 reviews
Rifat is an excellent host. Extremely kind and friendly made me feel like we had known each other for a long time. The common area was nicely decorated and comfortable. Excellent classic Turkish breakfast. The location is perfect to go anywhere as it is only a couple minutes walk to the Sultanahmed tramway station. The room was spacious and very clean as well as the enclosed bathroom. I would definitely come back and recommend it.
- Anonymous
- USA, Male, 18-24
- Novice Nomad
- 2 reviews
Best location near all the main tourist spots. Owner is very friendly and is there to answer all of your questions.
Hostelworld Mobile Apps
Book on the go with the new Hostelworld mobile apps.


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Laura.czarzasty needed a new logo design and created a contest on 99designs.
A winner was selected from 118 designs submitted by 19 freelance designers.
Offering yoga and meditation services along with a nutritional health and wellness aspect. Offer a whole system approach to wellness including physical yoga, meditation/mindfulness & nutrition. Private classes, workshops, wellness coaching, etc.
Would describe industry as health & wellness/yoga (rather than physical fitness which was the closest option off of the list below. My approach is more of a blend of mental and physical fitness).
An image or shape that is easily recognizable is used to represent your business.
An abstract shape or symbol is used to convey the values of your business.
Organization name enveloped by a pictorial element or shape.
Vibrant Greens, purples, Oranges, Golds (open to other options too). Ideally something that looks great on both dark and light backgrounds


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New Test Procedure Proposed for Television Sets
The Department of Energy's Office of Energy Efficiency and Renewable Energy is proposing to establish a new test procedure for television sets. DOE repealed the prior federal test procedure for TVs on Oct. 20, 2009, due to petitions filed by the California Energy Commission and the Consumer Electronics Association in light of the June 13, 2009, Federal Communications Commission transition from analog to digital broadcast transmissions for TVs. DOE is now proposing a new test procedure for TVs that was developed from existing industry test procedures, including those by the International Electrochemical Commission, the Environmental Protection Agency and CEA.
DOE believes that the proposed test procedure will accurately represent the energy consumption of TVs by capturing the annual energy consumption in on mode, standby mode and off mode. However, DOE requests comments on improvements or changes to the proposed test procedure. DOE will consider modifications that improve the accuracy, precision of language, or other elements of the procedure and/or decrease the testing burden.
Comments, data and information regarding this proposed rule are due no later than April 3. DOE will also hold a public meeting to receive and discuss comments on the proposal, but a specific date has not yet been chosen.