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United States District Court, S.D. New York
April 6, 2004.
THE ECONOMIST'S ADVOCATE, LLC, Plaintiff, -against- COGNITIVE ARTS CORP., INSEAD and INSEAD ONLINE, Defendants
Defendants Insead and Insead Online (collectively, "Insead") have
moved for summary judgment against plaintiff Economist's Advocate, LLC
("EA"), pursuant to Fed.R.Civ.P. 56. Additionally, EA has moved for
summary judgment against Insead and defendant Cognitive Arts Corp.
("Cognitive Arts") on the First and Second Causes of Action in the
complaint or, in the alternative, for summary judgment against Insead on
the Third or Fourth Cause of Action. For the reasons set forth below,
Insead's summary judgment motion is denied, as is EA's summary judgment
motion against Insead. EA's summary judgment motion against Cognitive
Arts was previously granted, and a judgment entered. That judgment is
hereby vacated.
Prior Proceedings
EA commenced this action on October 29, 2001. The instant motions were
marked fully submitted on November 13, 2003. Cognitive Arts submitted no
opposition to EA's motion and EA's motion was granted with regards to
Cognitive Arts on February 2, 2004. The Facts
The facts are set forth based upon the Local Rule 56.1 statements of EA
and Insead and supporting declarations and are undisputed except as noted
Insead, a business school based in Fountainebleau, France, owns 100% of
Insead Online, an entity which develops and sells educational content via
the Internet. Gabriel Hawawini ("Hawawini") has been Dean of Insead since
September 2000. Soumitra Dutta ("Dutta") was Dean of Technology at Insead
from September 1999 through August 2002 and is currently the Dean of
Executive Education at Insead. Jane Sommers-Kelly ("Sommers-Kelly") has
been the Director of Insead Online since May 2000 and had previously been
Director of Development at Insead.
EA is a limited liability corporation organized under the laws of the
State of Delaware with its principal place of business in Ponca City,
Oklahoma. EA has been engaged in executive training, including executive
training delivered over the Internet, and business consulting, and it has
used the enterprise trade name QED Learning.
Matthew Krepps ("Krepps") is the President of EA. He was an assistant
professor at Insead from January 1998 to May 2001. Cognitive Arts is an Illinois corporation with a principal place of
business in New York, New York at the time this action was filed.
Cognitive Arts is a for-profit commercial eLearning developer which
implements corporate training and learning systems that are delivered via
computer in either CD or web format. Edward Reiner ("Reiner") joined
Cognitive Arts in January 2001 as Executive Vice President of Business
Development and remained in that position until December 2001.
According to EA, Insead and EA worked together on the development of
online course materials from winter 1999 through April 2001. Insead
acknowledges that EA did work in connection with the development of
course materials, but claims that efforts were not intended to benefit
Insead and that Krepps intended to market courses to other universities.
The parties dispute as to whether or not Krepps and Insead entered into
an agreement.*fn1
Krepps engaged in business conversations with representatives of
Cognitive Arts as early as January 2000. EA claims Krepps entered into these discussions in fulfillment of EA's agreement
in principle to develop and market online courses with Insead. Insead
denies the existence of such an agreement and claims that Krepps sought
to identify a development partner for his own benefit, and not at the
request of Insead.
In September 2000, Krepps entered into a Joint Venture Agreement with
Cognitive Arts. This agreement states that EA and Cognitive Arts "will
form a joint venture (JV) for the purpose of developing and marketing
courses and modules for courses . . . that will be branded by Insead or
Insead Executive Education (IU), or other premium providers of management
education. The primary markets for these Courses will be students
attending IU Executive Education programs, other European Universities
and Management Schools, and corporations both in Europe and in the United
The Joint Venture Agreement contained an exclusivity clause prohibiting
Cognitive Arts from developing courses outside the agreement for any of
the institutions introduced to the joint venture, including Insead. This
restriction would function for the term of the joint venture plus two
The agreement further allocated costs and revenues from the joint
venture between Cognitive Arts and EA. It states:
CA [Cognitive Arts] and EA will split evenly all
net expense income for each of the Courses
developed by the joint venture, with 50% of net income being
allocated to each party. Each party, in
consideration for its 50% share of net income,
shall be required to furnish to the joint venture
half of the total costs allocable to the running
of the JV operations.
The parties dispute as to when Insead became aware of the Joint Venture
Agreement. EA claims that Krepps introduced Cognitive Arts to Insead as
EA's development partner less than 24 hours after the agreement was
During the fall of 2000, the joint venture developed several elementary
business courses for Insead.*fn2
In November 2000, Insead informed Krepps that its faculty members
should not enter into an agreement at odds with the interests of the
school, such as the Joint Venture Agreement. On November 21, 2000, Krepps
sent an email to Hawawini, Dean of Insead, proposing a solution. He
offered to separate from the joint venture in return for a mutually
agreeable fee from Cognitive Arts. Hawawini agreed to Krepps' solution
and asked Krepps to cancel the contract barring direct contact between Cognitive Arts
and Insead as soon as possible.
From December 2000 through April 2001, Krepps attempted to find a third
party to purchase his interest in the joint venture without success.
Krepps and Cognitive Arts then began discussing the terms of a
Termination Agreement, which would provide for EA's divestiture from the
joint venture. The parties dispute Insead's involvement in these
discussions, and Krepps claims, while Insead denies, that Insead agreed
to compensate EA for its investment. The parties agree, however, that
Krepps was informed that Insead would not be negotiating with him and
that he should negotiate with Cognitive Arts. After early May 2001,
Insead did not communicate directly with EA or Krepps.
In May 2001, Krepps resigned from his teaching post at Insead.
On May 11, 2001, Reiner from Cognitive Arts sent Krepps the first draft
of a Termination Agreement for his review. Cognitive Arts' cover letter
states that the draft Termination Agreement was sent on behalf of the
Board of Cognitive Arts and Insead. Drafts of the Termination Agreement
were exchanged between Krepps and Cognitive Arts from May to September
2001. Insead was included as a party to drafts of the Termination
Agreement. May and June drafts of the Termination Agreement provided for up-front
and royalty payments by Cognitive Arts to Krepps. Then, an August 8, 2001
version of the Termination Agreement ("Version Two") had both Cognitive
Arts and Insead listed in the payment section. On August 10, 2001, Krepps
signed Version Two, but Cognitive Arts and Insead did not. Reiner first
represented to Krepps that the parties were in agreement and then claimed
that only a few insubstantial changes needed to be made.
A subsequent version of the Termination Agreement ("Version Three")
included Insead in the payment section, but made payment contingent upon
Cognitive Arts entering into a development agreement with McGraw-Hill.
The parties dispute whether EA was sent this version of the agreement on
August 23 or August 26, 2001 and whether EA received an August 23 cover
letter, that indicated that Version Three was sent to Insead as the final
version of the agreement. Insead reviewed the terms of Version Three and
assented to it by signing and faxing the signature page to Cognitive Arts
on September 17, 2001. EA claims that Insead placed no restrictions on
what Reiner was permitted to do with the page that contained Insead's
signature. Neither Krepps nor Cognitive Arts signed Version Three.
From September 1 to September 4, 2003, Krepps and Reiner exchanged new
drafts of the agreement. The parties disagree as to whether Insead was
aware of these new drafts. Version Four, completed on September 4, 2003, made payment to Krepps
unconditionally due on September 17, 2001. Insead claims that it never
received a copy of Version Four or knew of its existence. By September
17, 2001, Krepps and Reiner both signed Version Four.
Reiner advised Krepps that he would be sending over Insead's signature
page for Version Four. Krepps requested that he send the entire agreement
Insead had agreed to, along with Insead's signature page. Reiner sent
Krepps a page containing Insead's signature, bearing a footer identifying
it as the signature page for Version Three, and attached it to Version
Four of the agreement, bearing a footer identifying it as Version Four.
Insead claims Cognitive Arts never notified them that Reiner and Krepps
executed Version Four, and they believed all parties executed Version
After the September 11, 2001 terrorist attacks, Cognitive Arts' New
York offices were closed down, the market for eLearning products slowed,
and McGraw-Hill became less interested in funding the venture. No
agreement was ever reached with McGraw Hill.
Krepps did not receive any up-front payment, as required under the
terms of Version Four. On September 27, 2001, Krepps sent Reiner and
Insead an email, pointing out that payment was ten days overdue as of the
date of the email and asking for an explanation. He received no response
from Insead, and Reiner assured him that there was no problem with payment. Krepps
reiterated his demand for payment to Reiner on October 8, 2001 `and
October 14, 2001. Insead and Cognitive Arts began to develop and market
course materials. Krepps filed the complaint in this action on October
29. 2001 against both Cognitive Arts and Insead, seeking damages for
breach of Version Four of the Termination Agreement.
Insead launched the course materials on its website in mid-November
2001, and Insead and Cognitive Arts continued to develop and market
courses after January 2002.
The Summary Judgment Standard
Summary judgment is granted only if there is no genuine issue of
material fact, and the moving party is entitled to judgment as a matter
of law. Fed.R.Civ.P. 56(c); see generally 6 James Wm.
Moore, et al., Moore's Federal Practice ¶ 56.15 (2d ed.
1983). The court will not try issues of fact on a motion for summary
judgment, but, rather, will determine "whether the evidence presents a
sufficient disagreement to require submission to a jury or whether it is
so one-sided that one party must prevail as a matter of law."
Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 251-52 (1986).
The moving party has the burden of showing that there are no material
facts in dispute, and the court must resolve all ambiguities and draw all reasonable inferences in favor of the
party opposing the motion. Bickhardt v. Ratner, 871 F. Supp. 613
(S.D.N.Y. 1994) (citing Celotex Corp. v. Catrett, 477 U.S. 317
(1986)). Thus, "[s]ummary judgment may be granted if, upon reviewing
the evidence in the light most favorable to the non-movant, the court
determines that there is no genuine issue of material fact and the movant
is entitled to judgment as a matter of law." Richardson v.
Selsky, 5 F.3d 616, 621 (2d Cir. 1993).
A material fact is one that would "affect the outcome of the suit under
the governing law," and a dispute about a genuine issue of material fact
occurs if the evidence is such that "a reasonable jury could return a
verdict for the nonmoving party." Anderson, 477 U.S. at 248;
R.B. Ventures, Ltd. v. Shane, 112 F.3d 54, 57 (2d Cir. 1997).
I. Breach of Contract Claim
A. Standard
"To succeed in a breach of contract claim, four elements must be
satisfied: the making of a contract, performance of the contract by the
plaintiff, breach of the contract by the defendant, and damages suffered
by the plaintiff." Coastal Aviation. Inc. v. Commander Aircraft
Co., 937 F. Supp. 1051, 1060 (S.D.N.Y. 1996). Here, dispute centers on the first element and on whether a valid
contract was entered into between EA and Insead. Instead claims it only
agreed to Version Three of the Termination Agreement, which did not
contain an unconditional payment provision, and that it never agreed to
Version Four. EA, however, argues that Cognitive Arts had actual and
apparent authority to bind Insead to Version Four of the Termination
Agreement under agency principles.
B. Cognitive Arts Served as Instead's Agent
in Negotiations with EA
Actual authority is created by a manifestations of a grant of authority
from the principal to the agent. Reiss v. Societe Centrale du Groupe
des Assurances Nationales, 235 F.3d 738, 748 (2d Cir. 2000)
(citations omitted); Minskoff v. American Express Travel Related
Servs. Co. Inc., 98 F.3d 703, 708 (2d Cir. 1996). "The consent for
actual authority may be either express or implied from `the parties words
and conduct as construed in light of the surrounding circumstances.'"
S & S Texfiles Int'l v. Steve Weave. Inc. No. 00 Civ.
8391, 2002 U.S. Dist. LEXIS 14742, at *23 (S.D.N.Y. Aug. 12, 2002)
(citations omitted). "` [I]mplied actual authority . . . is dependent on
verbal or other acts by a principal which reasonably give an appearance
at authority' in a manner that is `brought home to the agent.'"
Id. (citing Greene v. Hellman, 51 N.Y.2d 197, 204 (1980)). Here, Insead endowed Cognitive Arts with the authority to negotiate
with Krepps on its behalf. Insead did not communicate directly with
Krepps or EA during the entire negotiation process in which numerous
versions of the agreement were exchanged. In May 2001, Insead directed
Krepps to negotiate with Cognitive Arts.*fn3 Thereafter, Insead
communicated its position to Cognitive Arts, who conveyed it to Krepps.
When Krepps attempted to speak to Insead directly, Insead would not
respond. Sommers-Kelly responded to Krepps through Reiner at times. The
cover letter of the first draft of the agreement sent in May 2001
indicated that it was being sent " [o]n behalf of the Board of Cognitive
Arts and Insead" and it "will be signed . . . by all parties." Insead
reviewed subsequent drafts of the agreement exchanged by Krepps and
Cognitive Arts, and Krepps learned of Insead's comments through Cognitive
Arts. Reiner's email to Krepps even cut and pasted portions of
Sommers-Kelly `s email with her thoughts on the agreement. Thus, through
Reiner's communications, terms in the agreement were inserted at Insead's
If Cognitive Arts did not have actual authority, it at least had
apparent authority to negotiate with Krepps on behalf of Insead. Apparent authority arises from "words or conduct of the
principal, communicated to a third party, that give rise to `the
appearance and belief that the agent possesses authority to enter into a
transaction. The agent cannot by his own acts imbue himself with apparent
authority." Fennel v. TLB Kent Co. 865 F.2d 498, 503 (2d
Cir. 1989) (quoting Hallock v. State, 485 N.Y.S.2d 510, 513
(1984)). "[A] principal may be estopped from denying apparent authority
if (1) the principal's intentional or negligent acts, including acts of
omission, created an appearance of authority in the agent, (2) on which a
third party reasonably and in good faith relied, and (3) such reliance
resulted in a detrimental change in position on the part of the third
party." Minskoff, 98 F.3d at 708.
Here, Insead refused to communicate with Krepps directly and Insead's
conduct created the appearance that Cognitive Arts had the authority to
negotiate on its behalf. Krepps' reliance on this conduct was reasonable.
The cover letter of the first draft of the agreement specifically
indicated that it was being sent on behalf of Cognitive Arts and Insead,
every draft of the agreement subsequently exchanged contemplated
signature by Insead, and Insead subsequently conveyed its comments
through Cognitive Arts. Krepps could not investigate Cognitive Arts'
authority further because Insead would not reply to his inquiries. Krepps
relied on Cognitive Arts' representations regarding Insead's positions in
the course of negotiations and in structuring the agreement. Insead claims that its refusal to talk to Krepps was not necessarily
due to agency, but rather its relations with Krepps had soured, Krepps
had resigned from Insead's faculty, and Insead feared suit by Krepps.
Sommers-Kelly testified that while Insead was willing to enter into a
Termination Agreement containing a release from Krepps, it did not do so
directly because it found Krepps to be "litigious[] and irrational"
(Sommers-Kelly Dep. at 133.)*fn4 Furthermore, as it was Cognitive Arts
who entered into the Joint Venture Agreement with Krepps, and not Insead,
it made sense that Cognitive Arts take on the responsibility of
negotiating a release. This does not negate Cognitive Arts' agency for
Insead in negotiations with Krepps, but rather strengthens it and
provides an explanation for why Insead chose this course of action.
C. EA Does Not Establish that
Cognitive Arts
Had the Authority to Bind Insead to the Termination
Here, any agency by Cognitive Arts did not extend to the authority to
bind Insead to the Termination Agreement. All of the drafts of the
Termination Agreement circulated by Cognitive Arts and EA included a
signature line for Insead and/or Insead Online and specifically indicated
that the signature would be provided by "Soumitra Dutta, Dean of
Technology." Thus, even if Cognitive Arts served as Insead's agent,
Cognitive Arts did not have the authority to sign an agreement on
Insead's behalf.
Krepps himself has recognized this. He testified that Insead's
signature was required to enforce the agreement against Insead and that
Insead had to approve all material changes to the agreement. Thus, in an
email discussing Version Four of the Termination Agreement, Krepps asked
Reiner to have Sommers-Kelly or Dutta confirm that Insead signed off on
the new version of the agreement. Krepps also asked Reiner to fax the
complete agreement Insead had agreed to.
The fact that Insead relied on Cognitive Arts to conduct due diligence
into Krepps' expenses on behalf of the joint venture in June 2001 does
not indicate Cognitive Arts' authority to bind Insead. Drafts of the Termination Agreement, circulated before the due
diligence took place, provided that Cognitive Arts alone would make
payments to Krepps. It was thus logical for Cognitive Arts to conduct the
due diligence.
EA further highlights that Insead believed itself bound to Version
Three of the agreement where Insead did not transmit its signature
directly to Krepps and EA, but rather sent the signature page to
Cognitive Arts for transmission to Krepps. However, Cognitive Arts acted
simply as a transfer agent for the delivery of the signature and the
evidence does not establish that it had the authority to bind Insead to
an agreement. As Krepps testified, Cognitive Arts' role in transmitting
the signature page seemed to be about "logistics." (Krepps Dep. at 176.)
Insead agreed to be bound to Version Three because it signed it, not
because Cognitive Arts had the authority to bind it.
Additionally, Insead did not engage in misconduct that would have
reasonably misled Krepps to believe Cognitive Arts had the authority to
bind Insead to Version Four of Termination Agreement. To establish
apparent authority requires affirmatively misleading conduct on the part
of the purported principal. Associated Dry Goods Crop, v. Towers
Financial Corp. No. 88 Civ. 9178, 1989 U.S. Dist. LEXIS 12253, at
*10 (S.D.N.Y. Oct. 13, 1989) (finding no apparent authority for attorney
entering into a settlement agreement on behalf of client and holding that
"the fact that a client knows that negotiations are going on, yet does not
inform opposing counsel that his counsel's authority is limited, does not
change the outcome."); GE Capital Mortg. Serv., Inc. v. Tavlor,
228 A.D.2d 475, 475-76 (2d Dep't 1996) ("[Plaintiff] failed to produce
competent evidence of words or conduct of the [Defendant] that would give
rise to the appearance and belief that the [alleged agent] possessed
authority to enter into a transaction."). "While agents are often
successful in creating an appearance of actual authority by their own
acts and statements, such appearance does not create apparent authority."
Cooperative Agricole Groupement de Producteurs Bovins de l'Quest v.
Banesto Banking Corp. No. 86 Civ. 8921, 1989 U.S. Dist. LEXIS
8368, at *44-49 (S.D.N.Y. Jul. 19, 1989) (granting defendants' motion for
summary judgment because plaintiff failed to identify acts of the
principal that would create the alleged apparent authority in the third
party); Rozsa v. May Davis Group. Inc. 187 F. Supp.2d 123, 130
(S.D.N.Y. 2002) (holding an agent's purported relay of the principal's
directions not to "constitute representations or conduct directed by the
purported principal").
As Krepps' cases reflect, negotiators will only be found to have
apparent authority if the principal engaged in some misleading act beyond
directing the plaintiff to deal with the negotiator. In Seetransport
Wiking Trader Schiffarhtsgesellschaft MBH & Co. v. Republic of
Romania, 123 F. Supp.2d 174, 190 (S.D.N.Y. 2000), the Romanian
Prime Minister explicitly assured the plaintiff that the country's Minister of Finance had the authority to
negotiate and sign an agreement. In C.E. Towers Co. v. Trinidad and
Tobago (BWIA Int'l) Airways Corp., 903 F. Supp. 515 (S.D.N.Y. 1995),
the issue was whether defendant's Vice-President of North America who
negotiated and signed a deal had the apparent authority to bind his
employer. Defendant was found to have imbued its Vice-President with such
authority when after receiving an un-executed copy of the agreement,
which did not identify who should sign the document, the defendant
collected the Vice-President's signature and returned an executed
document to plaintiff.
Moreover, where an agent entirely abandons the interest of his
principal in favor of the agent's or a third party's interest, the
agent's conduct will not be imputed to the principal. Christopher S.
v. Douglaston Club. 713 N.Y.S.2d 542, 543 (2d Dep't 2000). Here, in
attaching Insead's Version Three signature page to Version Four,
Cognitive Arts abandoned Insead's interests. See Layola Fed. Sav.
& Loan Ass'n v. Fickline, 783 F. Supp. 620, 625 (M.D. Ga. 1992)
(holding that even if a party was a purported agent, "it stretches the
imagination to believe that his authority would be so extensive as to
allow him to substitute signature pages."). Although Cognitive Arts and
Insead had mutual interests in entering into a Termination Agreement with
EA, they were also separate parties with their own interests. At times,
Reiner told Krepps that Cognitive Arts was attempting to exact terms from Insead, and Krepps testified that Reiner made statements along the
lines of "[t]his is what we're hoping to get out of Insead."
Moreover, EA had a duty to investigate the validity of Cognitive Arts'
apparent authority to bind Insead before concluding that Version Four was
in force. There is a duty to investigate an agent's apparent authority
when (1) facts and circumstances put the third party on notice; (2) the
transaction is extraordinary; or (3) the novelty of the transaction
alerts the third party to the danger of fraud. Herbert Constr. Co.
v. Continental Ins. Co., 931 F.2d 989, 996 (2d Cir. 1991). Here,
Reiner had proven himself to be untrustworthy; Version Four differed
significantly from Version Three; and the footers indicated Insead's
agreement to Version Three, not Version Four.
The parties dispute whether or not EA was on notice of Insead's
objection to non-contingent payment to Krepps. Although this is
unresolved, it is clear that Version Three of the agreement differs
significantly from Version Four, which provides for up-front,
non-contingent payment to Krepps.
Moreover, Krepps' interactions with Reiner regarding Version Two of the
agreement put Krepps on notice that Reiner was not to be trusted. Krepps
signed Version Two when Reiner falsely notified him that Cognitive Arts
and Insead had agreed to it. Then, Reiner claimed that only certain insubstantial changes needed to
be made, but significant changes were made in Version Three'.
Additionally, Reiner sent Krepps Insead's signature page with a Version
Three footer. EA tries to minimize the significance of this by noting
that document footers were not unique identifiers and that different
versions created sometimes had the same document footer. However, EA does
not contest that different footers always indicated different versions of
the agreement and that Version Four of the agreement had a Version Four
In fact, to a certain extent, EA recognized its duty to investigate
whether Insead had agreed to Version Four of the Termination Agreement.
EA asked Reiner to fax the entire agreement Insead agreed to. However, he
did not further investigate the discrepancies in the footers. Although
Insead was avoiding contact with Krepps, Krepps' email merely indicated
that the parties had reached an agreement.
The parties disagree on whether or not EA can show detrimental reliance
that it was harmed by Cognitive Arts' representation that Insead
had assented to Version Four of the agreement. Insead argues that EA
cannot demonstrate that it could have found another buyer or improved its position in any way had it
known on September 17, 2002 that Insead had not agreed to Version Four
and that by November 13, 2001 EA was aware that an agreement had been
reached and, nonetheless, failed to sell its interest between November
2000 and May 2001. EA claims Insead's failure in marketing the course
drastically reduced the prospective value of its interest. Therefore a
factual dispute exists with respect to detrimental reliance.
D. A Factual Dispute Exists as to Insead's
Ratification of Version Four of the Agreement
In support of Insead's ratification of Version Four of the Agreement,
EA points to Insead's failure to respond to Krepps' September 27, 2001
email and to its continued development and marketing of courses after
January 2002. On September 27, 2001, Krepps sent Reiner and Insead an
email notifying them that payment was ten days overdue and asking for an
explanation. EA does not establish that Insead was fully informed of all the circumstances
surrounding Version Four of the Termination Agreement and, in fact,
Insead claims not to have even been aware of its existence.
However, continued development and marketing of the courses after
January 2002 and after Krepps filed his complaint in this action on
October 29, 2001, presents an issue of fact as to ratification. Insead
claims that it continued to develop the courses based upon its ownership
of intellectual property contained in the courses and its belief that
Version Three of the Termination Agreement was enforceable. According to
Insead, when it first learned about the attachment of a Version Three
signature page to Version Four, it attributed this to Krepps and not
Reiner. It is thus unclear when Insead had "full knowledge or all
material facts" and learned the full extent of Reiner's conduct.
Prisco, 804 F. Supp. at 523. Summary judgment is thus
inappropriate on EA's contract claims.
II. Quasi-Contract Claims
A. EA's Quasi-Contract Claims Are Note
Barred by the Joint Venture Agreement
Insead argues that EA's quasi-contract claims are barred by the Joint
Venture Agreement. However, the Joint Venture Agreement only covers the
internal operations and financial structure of the joint venture and does
not address the provision of services to and compensation by outside
entities, such as Insead. The Joint Venture Agreement was solely between
EA and Cognitive Arts, and Insead was not a signatory to it.*fn7 B. A Factual Dispute Exists with Respect to
EA's Claims of Quantum Meruit and Unjust Enrichment
"To recover in quantum meruit, a party `must establish performance of
his services in good faith, acceptance of the services by persons to whom
such services were rendered, expectation of compensation, and the
reasonable value of such services.'" Weinrich v. Sandhaus,
850 F. Supp. 1169, 1185 (S.D.N.Y. 1994) (citations omitted); accord
Freedman v. Pearlman, 271 A.D.2d 301, 304, 706 N.Y.S.2d 405, 408
(1st Dep't 2000).
An unjust enrichment claim, while a separate cause of action, requires
that the plaintiff establish similar elements: (1) performance of
services by plaintiff; (2) the defendant accepts and benefits from the
services performed by plaintiff; and (3) the defendant under principles
of equity and good conscience should not be permitted to keep the value
of the services without restitution to the plaintiff. Wiener v.
Lazard Feres & Co. 241 A.D.2d 114, 119-20, 672 N.Y.S.2d 8, 12
(1st Dep't 1998).
Here, EA claims to have performed the following services for Insead
between October 1999 and April 2001: conducted industry research and
identified market opportunities, organized and managed a 3 day
conference, created and delivered a conference presentation in London,
arranged and conducted interviews at an Insead-sponsored conference, and
conducted and taped executive interviews in San Francisco, New York, and
Boston. According to EA, Insead accepted and enjoyed the benefits of EA's recording of the January 2000
conference and organization of executive interviews by utilizing these
videotaped sessions in online learning proposals to at least two
prospective clients and that EA's contributions are embodied in the work
product produced by Insead and Cognitive Arts.
EA further claims to have reasonably expected compensation for these
services. EA cites to the April 14, 2000 letter from Insead to Krepps,
which confirmed that the parties "may collaborate," provided agreement is
reached on certain terms and conditions, in support of its expectation of
an eventual "formal" agreement and compensation. EA further points to the
lengthy negotiation of a release from the Joint Venture Agreement at
Insead's request, which centered around appropriate compensation to EA
for its services. In the many drafts exchanged, the parties always
contemplated that Insead would sign the Termination Agreement.
However, a dispute exists as to the services actually performed for and
accepted by Insead and what is the proper measurement of their value.
Insead claims that EA performed its services for the joint venture and
not for Insead and disputes EA's valuation of the services. Insead does
not have to compensate EA for services performed to further its own aims
or those of the joint venture. However, if Insead benefitted from EA's services, EA
should receive compensation.*fn8
III. Vacatur of the February 2, 2004 Judgment
In a judgment dated February 2, 2004 and entered on February 17, 2004
("the February Judgment"), EA's summary judgment motion was granted with
regards to Cognitive Arts. For the reasons set forth below, the February
Judgment is hereby vacated.
Within this Circuit, "there can be no question" that a district court
has the power to vacate its own judgment. See Fort Knox Music Inc.
v. Baptiste, 257 F.3d 108, 110-11 (2d Cir. 2001). As the Second
Circuit has had recent occasion to explain:
Rule 60(b) of the Federal Rules of Civil Procedure
allows the district court to grant relief from a
judgment for "any . . . reason justifying relief
from the operation of the judgment." Fed.R. Civ.
P. 60(b)(6). While normally such relief is
sought by motion of a party, see
Fed.R.Civ.P. 60(b), nothing forbids the court to grant
such relief sua sponte.
A district court may thus vacate a judgment sua sponte,
provided the parties have notice. See International Controls
Corp. 556 F.2d at 668 n.2 ("[T]he district court . . . had
power to decide sua sponte whether its judgment should be vacated,
provided all parties had notice. . . .") (citations omitted). Notice
of this Court's intention to vacate the February Judgment was provided
to EA on March 24, 2004, and EA thereafter submitted a letter
asserting its entitlement to summary judgment.
EA's motion for summary judgment against Cognitive Arts was granted in
the February Judgment due to lack of opposition. It is the law of this
Circuit, however, that "even when a nonmoving party chooses the perilous
path of failing to submit a response to a summary judgment motion, the
district court may not grant the motion without first examining the
moving party's submission to determine if it has met its burden of demonstrating that no
material issue of fact remains for trial" and that summary judgment is
appropriate as a matter of law. Amaker v. Foley, 274 F.3d 677,
681 (2d Cir. 2001). See also Holtz v. Rockefeller & Co.
Inc., 258 F.3d 62, 74 n.1 (2d Cir. 2001); Booker v. Federal
Reserve Bank of New York, Nos. 01 Civ. 2290 (DC) & 01 Civ. 2291
(DC), 2003 WL 1213148, at *12 (S.D.N.Y. Mar. 17, 2003); Mattel Inc.
v. Pitt, 229 F. Supp.2d 315, 320 (S.D.N.Y. 2002). It was therefore
error to issue the February Judgment without' first determining whether
EA had met its burden on its unopposed motion for summary judgment on its
contract claims against Cognitive Arts.*fn9
As discussed above, four elements must be shown to establish a breach
of contract: "the making of a contract, performance of the contract by
the plaintiff, breach of the contract by the defendant, and damages
suffered by the plaintiff." Coastal Aviation. Inc. 937 F. Supp.
at 1060. To determine whether EA has satisfied these four elements,
and in the absence of an opposition by Cognitive Arts, the facts set
forth by EA in its Local Rule 56.1 statement are taken as true for the
purposes of this motion. See LeSane v. Hall's Sec. Analyst,
Inc. 239 F.3d 206, 211 (2d Cir. 2001); Baker v. Dorfman,
239 F.3d 415, 422 (2d Cir. 2000) (citing Gubitosi v. Kapica, 154 F.3d 30, 31
n.1 (2d Cir. 1998)). Where, however, "the record does not support the
asser-tions made in a Local Rule 56.1 statement, those assertions should
be disregarded and the record reviewed independently." Holtz,
258 F.3d at 74 (citation omitted).
As set forth elsewhere in this opinion, the record demonstrates the
existence of certain factual disputes as to whether Version Four
constitutes a valid contract entered into by EA, Cognitive Arts and
Insead. Although these factual disputes center on whether Insead agreed
to Version Four rather than whether Cognitive Arts so agreed, their
existence precludes a grant of summary judgment to EA on its contract
claims against Cognitive Arts in the absence of any showing that some or
all of Version Four may be separately enforceable by EA against Cognitive
Arts. This conclusion requires the vacatur of the February Judgment
pursuant to Fed.R.Civ.P. 60(b)(6).
For the reasons set forth, Insead's summary judgment motion is denied,
as is EA's summary judgment motion against Insead. The February 2, 2004 judgment granting EA's motion against
Cognitive Arts is hereby vacated.
It is so ordered.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
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text: Spy Wars takes a groundbreaking look into the world of high-tech espionage. For the first time former Israeli & American spies explore the technology and tactics behind one of the greatest murder mysteries: who killed Gerald Bull? In March of 1990, on the eve of the Gulf War, Saddam Hussein's top weapons scientist, Gerald Bull, was hard at work on a secret supergun when he was assassinated in Belgium. The prime suspects were the world's premier spy agencies: Mossad, MI6 and the CIA – but the killer was never caught. Now, for the first time ever, former Israeli and American spies reconstruct the technology and tactics of the assassins in an attempt to solve a mystery that's lingered for 20 years.

subset: commoncrawl


text:
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text:
Online Ad Posting Job
- City: Dwarka
- Country: India
- Zip/Postal Code: 361305
- Website URL: http://www.clicxa.com
- Listed: September 25, 2016 5:36 pm
- Expires: 13 days, 21 hours
Online Ad Posters Required. Do simple copy and paste job in classifieds, forums, blogs and get paid for each ad that you post. Work from your home at your own spare time. For more details visit http://www.clicxa.com/registration/index/sagar2016
16 total views, 1 today
Listing ID: 67157e2c6bf98515


text:
ERIC Number: ED036573
Record Type: RIE
Publication Date: 1968
Pages: 63
Abstractor: N/A
Reference Count: 0
The Negro in American History: Resource Material. An In-Service Training Program Which Focuses on Assisting Educators of School District 65 to Develop Some Common Understandings About Crucial Integration Issues; School Year 1968-1969.
Evanston School District 65, IL.
The product of two summer institutes to prepare teachers and administrators for school integration, this report contains a resource manual on "The Negro in American History," developed with the help of Dr. John Hope Franklin. For full abstract of institute proceedings, see UD 009 479. For other resource manuals, see UD 009 480, UD 009 481, UD 009 482, and UD 009 483. (KG)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: Office of Education (DHEW), Washington, DC.
Authoring Institution: Evanston School District 65, IL.
Identifiers: Franklin (John Hope); Illinois; Illinois (Evanston)


text:
- Dependable Deck Builders in Columbus, IN
- Custom Deck Builders in Columbus, IN
- Affordable Deck Builders in Columbus, IN
Deck Builders in Columbus, IN
The deck builders Columbus, IN has to offer will be able to provide you with a perfect place to relax around your home with family and friends. You will find that Columbus deck builders will be able to provide you with a number of options when it comes to the types of decks you have to choose from. It is very important that you choose the right material for your deck so it will be able to stand the test of time.
Avg Costs for Deck Builders
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$6,565.27 - $9,158.43
Find the Best Quality Deck Builders - Columbus, IN
The more time you take to look into Columbus deck repair services the better, because you will definitely want to get quality work done. The deck builder in Columbus, IN that you hire will provide you with a great new place to relax around your pool and get a tan when it is nice and sunny outside. Decks serve many different purposes, and the one that you have built will definitely be very important for a number of reasons. A good deck builder in Columbus, IN will be able to meet all of your needs and ensure that you get the kind of deck you have always wanted in your backyard, no matter what you plan on using it for.
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text:
The November 14 earthquake and subsequent aftershocks have led to numerous landslide dams being formed in North Canterbury and Kaikoura rivers and streams. Information on these landslide dams is available here. As a precaution it is strongly advised to keep away from all riverbeds north of the Waiau River in case there are any sudden releases of water.
Paints are made up of a combination of resins, pigments, solvents and additives. If you wash brushes or paint tins in a driveway or roadside gutter, the untreated waste can end up in our waterways via the storm-water system.
Environment Canterbury has spoken with local painters and is working with paint manufacturers and suppliers to help inform people about correct paint handling methods to ensure our local waterways are protected.
Below is some useful information for home handymen and trade workers.
The best was to avoid paint waste is to just buy what you need. Work out exactly the amount of paint you require for a job and then only buy that amount. Your paint retailer can help you do this if you know the surface area you need to cover.
Use leftover paint for touch-ups or apply another coat instead of disposing of it. If you are giving it away, make sure it is in the original container with the label intact.
Small amounts can be left to dry by removing the lid in an area away from children or animals. When the paint is completely dry, the paint and container can then be disposed of in your general rubbish.
Large amounts of leftover or unwanted paint should be taken to a 'household hazardous waste drop-off' facility or a privately operated scheme such as the Resene PaintWise facility.
Both Dulux and Resene offer a paint take back scheme where you can drop off your unwanted pain and know that it will be taken care of correctly.
To find out more contact your nearest store or check out these websites:
If you are paid to paint, your waste is classified as "trade waste" and you should be considering a commercial system to suit your needs:
Go to http://bpg.co.nz/paint-wash-water.html for more details or contact your paint supplier for further details or other options.
Dulux Envirowash and Resene Washwise are portable wastewater treatment systems designed for trade professionals such as painters and other trades. Contact your paint supplier for further details or other options.
NOTE : The unauthorised discharge of trade waste is a breach of the Resource Management Act 1991, if you do not dispose of trade waste appropriately, you could be fined or prosecuted.
Find out how to responsibly use and dispose of your paint. Use your brain, not the drain.
Advertisements running during March-April 2012 on radio stations including Rock, Hauraki, Radio Sport, More FM, Sound, and Classic Hits. Listen to the radio advertisements:
(03) 353 9007
More contact details »


text:
2 Pet Care Jobs Found
Care for Tonks
Posted by Jon & Heidi C. on 12/7/2016
- Start date:
- 12/18
- 13 miles away (Lynchburg, VA)
- $40/night
- 1 pet
Hey there, looking for a responsible person to love on our furry daughter while we're away from Dec 18-23. Rate is negotiable, we'd like to have someone home with her for 2-3 hours during the day to be fed and walked a couple times, preferably staying the night to keep her company as well. She is... More
Looking for In Home Pet Care 12/24/16 -...
Posted by Bree O. on 12/3/2016
- 12 miles away (Lynchburg, VA)
- $15/visit
- 4+ pets
Need someone to come to our home 3x daily to feed our three small dogs (shih tzu, shorkie, toy poodle) and let them outside. They are fed 2x/day. Our backyard is fenced in so can be easily let out to roam around for pottybreaks. Also will need mid-week to check cat's food and replenish if... More


text:
French retailers Leroy Merlin and Castorama opened their stores Sunday in defiance of a court order and now face fines of up to 120,000 euros per store. Officials say they may rethink strict Sunday trading laws. "Given that there are some employees who want to work and shoppers who today want to shop, could we not try to find some kind of path to an appropriate response?" said Budget Minister Bernard Cazeneuve.
Full Story:EuroNews.com (France), Yahoo


text:
- About Us
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- My Account
Home > News > NanoViricides' stock leaps 8%
May 7th, 2007
NanoViricides Inc. saw its stock jump 8 percent Monday after the company announced positive results of recent tests of its antiviral drug designed to treat bird flu.
The stock, which trades on the Pink Sheets market as NNVC.pk, rose 9 cents to close at $1.19 a share Monday.
NanoViricides, based at 135 Wood St., recently carried out in vitro testing of its FluCide-HP — an antiviral drug delivered by nanotechnology — in Vietnam.
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Harris & Harris Group Notes Announcements by Its Portfolio Companies During the Third Quarter of 2016 September 30th, 2016
Arrowhead Pharmaceuticals to Webcast Fiscal 2016 Year End Results December 7th, 2016
Fast, efficient sperm tails inspire nanobiotechnology December 5th, 2016
Journal Nanotechnology Progress International (JONPI) Volume 6, issue 2 coming out soon! December 5th, 2016
UTSA study describes new minimally invasive device to treat cancer and other illnesses: Medicine diffusion capsule could locally treat multiple ailments and diseases over several weeks December 3rd, 2016
Interviews/Book Reviews/Essays/Reports/Podcasts/Journals/White papers
A nano-roundabout for light December 10th, 2016
Keeping electric car design on the right road: A closer look at the life-cycle impacts of lithium-ion batteries and proton exchange membrane fuel cells December 9th, 2016
Further improvement of qubit lifetime for quantum computers: New technique removes quasiparticles from superconducting quantum circuits December 9th, 2016
Scientists track chemical and structural evolution of catalytic nanoparticles in 3-D: Up-close, real-time, chemical-sensitive 3-D imaging offers clues for reducing cost/improving performance of catalysts for fuel-cell-powered vehicles and other applications December 8th, 2016
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Weizmann Institute of Science Presents: Weizmann Wonder Wander - 4G - is Online June 21st, 2016
Call for NanoArt and Art-Science-Technology Papers June 9th, 2016
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Are humans the new supercomputer?Today, people of all backgrounds can contribute to solving serious scientific problems by playing computer games. A Danish research group has extended the limits of quantum physics calculations and simultaneously blurred the boundaries between mac April 14th, 2016
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text:
Photo credit: @julesdwit.
Submit yours.
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The Senate has voted on the "nuclear option" and changed the rules for how executive-level appointees and most judges get approved. Bob Cusak, managing editor for The Hill, discusses the change and what precedent it sets for future Senate work.
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WNYC 93.9 FM and AM 820 are New York's flagship public radio
stations, broadcasting the finest programs from NPR, PRI and American Public Media, as well as a wide range of award-winning local
programming. WNYC is a division of
New York Public Radio.


text:
Disney Frozen Snow Globe Elsa.
Watch Elsa's power flurry with Snow Glow Elsa.
Raise her arm and watch her snowflake necklace light up while it plays the hit song "Let it Go" and her dress magically shines.
With a touch of her magical snowflake necklace hear Elsa talk to her Frozen friends.
15 magical movie phrases.
Includes miniature Olaf too!
Suitable for 3+ years. To be used under the direct supervision of an adult.


text:
it is located in a peace area but very far from the station. i didnt liked the hotel as it was not that clean so i would like to recomed this hotel to anyone because of its uncleanliness.
The guest has not left a written review for this hotel
Hotel Heera International is not a three star. The room was not at all up to the mark. It was so small and filthy. There were even "Cockroaches" in the room. However, their staff was really good and courteous. Its because of their staff we were able to have a satisfying stay despite the rooms drawbacks
It was worst experience with this hotel. Our room was dirty, it was not cleaned properly. Even the room was stinking very badly. The staff and the manager of the hotel was very rude in talking. The lift wasn't working. We had food in the hotel, it was pathetic in taste. We won't recommend this hotel to anyone.
Our room was hopeless, it was not cleaned properly. Even there were mosquitoes in the room. The service was very slow of the staffs. We did not had food in the restaurant as most of the time we were out. We won't recommend this hotel to anyone.
Hotel Heera International is a decent property to stay. All the facilities and the services was alright.
It was not a great property but reasonable one and manageable for the single travelers. The room was not so big but clean and well kept. The staff was supportive and food was also decent. I will refer this property to my friends and relatives.
I didn't like the cleanliness as it was not up to the mark ad location was also not so decent. Otherwise rest was fine. The room arrangement and food provision was satisfactory and staff was also supportive.
Its an average hotel. My experience was decent.
It was not a recommendable property by any standard. The room quality was not desirable and service was poor. Staff was very irritating and management was disgusting. The kind of treatment they provide me was totally unacceptable.
The location was comfortable as it was centrally located but service was not prompt. The staff was bit slow and often delay the order. The room was well facilitated and food was also tasteful. It was a mixed experience of pros and cons so I will grade this hotel as an average property.
I was really disappointed with the quality of services provided by the Hotel and by the overall condition of the rooms etc...
We spent 3 nights here and our stay was average, it was not convenient location for us where we had our work. Deluxe Room was good. We dint liked the food in the restaurant. Service was just ok kind.
Our room was comfortable and roomy. Service was impressive. Staff were friendly and helpful. Food was good in the restaurant.
I had really a very good time in this hotel. Staffs were co-operative and always ready for any help. Double room was decent with all the basic facilities. Location was fabulous near the hotel. The food quality was superb in taste.
The stay was average. Every thing is just ok. Needs to improve a lot.
Hotel has restaurant but I had my food outside hotel. Rooms were good with all the basic facilities. Staffs were very poor in their service. Overall it was just an average stay.
Overall the hotel is good but staff was pathetic for every small thing they kept on asking for tip. Service was good. Food was ok need to improve a lot. Room was very very spacious and finely cleaned.
The location was excellent it is located in the heart of the city. The rooms were basic and all the plug point were hanging from the wall. Service was average of the staffs. It was overall an average stay in this hotel.
Good hotel, food needs to be improved. cleanliness wasnt so impressive.
Food was horrible of the hotel they prepared food using unfresh vegetables. The hotel is located in a very peaceful place. Staff were pretty nice and polite in service. Rooms was smelling very bad and I requested the staff to change it but then too after change the allotted room was average.
Room and facilities were not good.
Room was not so clean, they should improve the cleaniness. The interior was also old of the room. I had my food, it was was average and the service was very slow they used to take long time to serve the food.
This is definitely no more than a Single Star Hotel. I took this hotel but it is a very cheap class hotel. The AC & fan have no control, sockets are not working, Geyser & AC have to be asked by reception to be turned on. Most channels on the TV are not clear.lear.lear.lear.lear.
Rooms as well as the bathroom, toilet not at all clean. Staff service was very poor. The food was very bad of the hotel, I complained about the food but there was no improvement in the food. For breakfast, you have to wait for 1 hour after that, the breakfast comes. Location was good near the hotel.
The hotel has a very small entrance. Room was small, you cannot even move around in the room. Toilet was not properly clean. The hotel where it was located has a very bad street and the street name is Rippon Street. Only the staff people are very good and they used to help us whenever we need them.
Apart from cleanliness, the hotel is good.
A decent hotel. Hot running water is available in the room. The restaurant food is pretty average.
We had a lot of damp odour in our room which was not expected. The food was tasty and we enjoyed the yummy cakes and ice-creams. You could visit some shopping places which are in the vicinity.
I enjoyed my stay at this hotel but the hotel was far from the airport.


text:
Cozy stone home w/ private garden
From $53 / night
Description from the owner
Description from the owner
Bedrooms: 1/
Bathrooms: 1/
Sleeps: 4/
Type: House
Book this 1 bedroom, 1 bathroom house in Chania today! A total of 4 people can sleep here comfortably. This property has been booked 6 times.
Guests can enjoy a deck, air conditioning, and parking space among other amenities offered by this rental.
Travelers are sharing their opinions on this property. It has an overall rating of 5/5 thanks to an average of 5 reviews.
Costs vary, with the average weekly rate as low as $350.00 to as high as $800.00, depending on travel dates.
The owner responds to 100% of inquiries and last updated the property's calendar 6 days ago.
Proximity to TripAdvisor's Top Chania Attractions
Proximity to TripAdvisor's Top Chania Attractions
Reviews (0)
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text:
Three Cheers For The Undertaker
Fine Afternoon
We Will Heel Your Soles/Stars Are Ripe
by Keston Cobblers' Club and The Lost Cavalry
Snow City Radio (EP)
Waves Freeze To Rolling Hills (EP)
Booked Out Original Sound Track
Mark West and Derek Yau
Desert Tracks (Single)
The Elephant Of Castlebar Hill (Single)
Like Someone In Love (Bing Crosby cover)
Christmas Wrapping (The Waitresses cover)
2000 Miles (The Pretenders cover)
The Lost Cavalry London, UK
"They have boundless depths that will hopefully see them forge out their own niche." - The 405
"This is indie folk at its finest... Uplifting, joyous and rather wonderful." Shout 4 Music #1 Download of the Week
Q Track Of The Day - The Tower - Q Magazine web site ... more
Streaming and Download help


text:
Hedge funds/Dollar02 May 2011
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Hedge funds raise 'short' positions against dollar
The total amount of "short" positions held by hedge funds against the dollar soared to $28.6bn (€19.3bn) on April 26, the day before Federal Reserve chairman Ben Bernanke's historic maiden press conference, data published over the weekend by the Commodity Futures Trading Commission has shown.
The global reserve currency has plunged 7.5% against a basket of currencies so far this year, amid concerns that the greenback's value is being eroded by the Fed's policy of maintaining low interest rates and purchasing US Treasuries.


text:
Madison Women's Expo
Join us November 19-20 for the Madison Women's Expo at the Alliant Energy Center. Find your passion, get inspired, shop for great finds, try a new activity, connect with dynamic women – and savor and sample your way through the weekend! A fun time with your favorite gal pals that celebrates women and all that interests and inspires them.


text:
Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
1 1/4-in Floor ScrewsFloor screws #8 X 1 1/4 in. 5 lb per box. Recommended for installation of all sub-flooring, plywood or underlayment. Dual action threads allow for speedy installation and maximum pull-out strength.


text:
1 Introduction
[2] Recently, Zhang et al. [2010] presented latitude-dependent statistics on mixed phase cloud occurrence retrieved from combined Cloud-Aerosol Lidar and Infrared Pathfinder Satellite Observation (CALIPSO) lidar and CloudSat radar observations. The results for the latitude belt from 30°N to 60°N were found to be in contradiction with respective lidar observations performed at Leipzig, Germany (51°N, 21°E) from 1997 to 2008 [Seifert et al., 2010]. Compared to CALIPSO/CloudSat, these lidar measurements show a much lower mixed phase cloud fraction for the temperature range between −10°C and −25°C. Motivated by this discrepancy and the fact of the increasing number of lidar, radar, and lidar/radar-based cloud statistics [Seifert et al., 2010; Kanitz et al., 2011; Riihimaki et al., 2012], we analyzed our combined ground-based lidar/radar data set covering the time period from August 2011 to January 2013. We tried to answer the question whether it is possible to harmonize lidar and radar data regarding mixed phase cloud observations. This would increase the comparability and therefore the scientific value of past studies. The main question is: What are the threshold values of particle backscatter and extinction above which lidar can detect a cloud being mixed phase? To quantify at which levels of ice formation lidar and radar observations deviate from each other, we take into account the observed ice water path (IWP) and liquid water path (LWP) of the clouds under study. The mass ratio of ice and liquid water within a cloud parcel is decisive for the cloud microphysics and life cycle [Korolev and Mazin, 2003]. We can estimate it by the ratio
with CWP=IWP+LWP being the condensed water path. This ratio is a robust upper estimate for the mass ratio of ice and water in the predominantly liquid top layer of the clouds investigated in the scope of this study. Column integration of the ice water content (IWC) allows us to determine the maximum ice mass that was produced at the cloud top, because water vapor deposition below the liquid layer may contribute to the CWP by an unknown extent.
[3] In section 2, the ground-based lidar/radar cloud data set is described. section 3 presents the approach to determine the temperature dependence of ice formation efficiency from the considered cloud data sets of spaceborne and ground-based observations. The discrepancies between lidar/radar and lidar data sets are explored in section 4.


text:
Bach or holiday home | Ohakune | #24209
When you choose to stay at Blue Mountain you will find it an ideal base to explore the wonderful playground of the Mt Ruapehu region with its many attractions on offer all year round.
Situated on 5 acres with its resident horses it offers a fabulous rural experience whilst still being close to town.
Have a pony ride in the arena or indulge in a relaxing and healing massage in the comfort of the Lodge upon request.
There is a lovely big open plan kitchen,dining, lounge area perfect for entertaining and spending time together.
The fireplace which will be lit for your arrival in winter provides a warm and cosy welcome and the indoor/outdoor flow is perfect for summer barbies.
The 4 bedrooms all have wall panel heating and electric blankets for your added comfort and will be freshly made up with linen and towels .
The two downstairs rooms each have a queen sized bed and upstairs has a bedroom with a King sized bed and there is a large Master bedroom with an ensuite which is shared room set up consisting of 1x Queen bed 1x double bed 2x Single beds and a set of Kiddie bunks. The Mezzanine floor has a Sofa Bed and we also have 2x portacots and a highchair available should you require them.
The internal access from the garage is ideal for the colder months as it makes unpacking your gear so much easier and has plenty of storage room and a spare fridge!
The Pool table and Dart board in the garage provide extra entertainment.
There's even an outdoor fireplace to gather around and catch up on the days adventures.
The addition of the mezzanine area means there's plenty of room for everyone and with its DVD, videos,toys and bean bags the kiddies will love it!
Blue Mountain is 'An Awesome Rural Retreat!
We look forward to meeting you oneday.
Special conditions: For all bookings a $300 bond is required and a one off handling fee of $10 [bookings are not confirmed until receipt of this payment] Winter 2 Night Stays have an extra charge of $57.50 Mardi Gras weekend has a $400 bond No Pets are permitted on the Property Please Bunk Beds are for kids 40kgs and under Guests are requested to leave the property in the condition they find it. All rubbish and recycling is to be removed upon departure
1 x Queen bed
1 x Queen bed
1 x King bed
Bedroom / Mezzanine
1 x Fold-out sofa bed
Master Bedroom with ensuite
1 x Bunk bed
1 x Double bed
1 x Queen bed
2 x Single bed
AA Smartfuel: Get 10c/litre fuel discount when you book and stay at this property for TWO nights or more [More info]
|Rate period
|Week day
shoulder season 2
05-Dec-16 to 19-Jun-17
|For up to 10 people. Extra occupants: Adults: $28.75/night; Children: $28.75/night;
|2 night minimum stay
high season 3
20-Jun-17 to 22-Jun-17
|For up to 10 people. Extra occupants: Adults: $40.25/night; Children: $40.25/night;
|3 night minimum stay
Mardi Gras
23-Jun-17 to 26-Jun-17
|For up to 7 people. Extra occupants: Adults: $57.50/night; Children: $57.50/night;
|3 night minimum stay
high season 3
27-Jun-17 to 31-Oct-17
|For up to 10 people. Extra occupants: Adults: $40.25/night; Children: $40.25/night;
|3 night minimum stay
shoulder season 2
01-Nov-17 to 05-Dec-17
|For up to 10 people. Extra occupants: Adults: $28.75/night; Children: $28.75/night;
|2 night minimum stay
*Pricing may vary depending on the dates you choose and the number of guests. Additional charges (extras) and minimum stay criteria may also apply. Bookings paid for through Bookabach online payments incur a 3% credit card transaction fee.
Stayed here? Add a Review
The property is stunning! It was beautifully presented when we arrived, very clean and tidy. The home is large and easily accommodated our three families that stayed. Very spacious and plenty of room for everyone to enjoy. Loved the open plan kitchen/dining/lounge and bbq area. The views are incredible. The garden area is such a bonus for the kids to play on and wow, Heidi even was kind enough to give the kids a pony ride. We will definately be back! Dobrec, Vuksich and Lupis families
Spacious enough to cater to our 3 family group. Tasteful decor and stunning mountain views. The lodge was warm and spotlessly clean. Everything worked as expected and there seemed to be unlimited hot water. This was our 2nd stay, and we'll be back again next year.
The Blue Mountain Lodge was idyllic - in a perfect spot in quiet countryside and only a 5 min drive to Ohakune. The property was well presented, clean and catered easily for our party of 6 adults and 1 child. Probably only minor improvement would be upgrading of TV and DVD collection but this would be the icing on the cake as this was an amazing property with everything you could need. Thanks Heidi we had a fabulous long weekend ??
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Attention all beer drinkers!
Review by John K
I received this as a gift and I am so happy! This beer cap catcher is easy to use and works super well. I also like how it helps prevent a mess so I don't upset my wife.
(Posted on 2/4/2015)
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Millwood plans road construction
The city of Millwood is planning more road construction this fall. However, the extent of the construction is yet to be determined.
During the City Council meeting Tuesday night, four potential 2011 road construction projects were prioritized. These projects are based on recommendations from Welch Comer and Associates Project Manager Matt Gillis.
Gillis reported the design for widening Grace Avenue and Laura Road is complete and ready to go out to bid. The project will widen approximately 620 feet of Laura from Grace to Frederick Avenue, and 330 feet of Grace from Bessie Road to Laura. Gillis estimates construction to be about $25,000.
Additionally, Gillis noted the three projects approved last fall are also bid ready. Two projects involve installing four speed humps, two on South Riverway and two on Bridgeport Avenue costing an estimated $5,000 per street. The third project is a raised intersection at Empire Avenue and Fowler Road, estimated at $8,000.
The total estimate for all four projects is $43,000. The city has an estimated $32,000 in the 2011 budget for road construction.
Gillis recommended putting all four projects out to bid, using one project as a base bid and listing the other three as alternates. Listing the others as alternates allows Council to select the projects based on priority and budget.
Following a suggestion by Councilman Glenn Bailey, the Laura/Grace project was approved as the base bid, combining the South Riverway and Bridgeport projects as one alternate, and the Fowler and Empire Avenue intersection as the second alternate.
Gillis said he would begin the process of soliciting bids for all four projects.
Mayor Dan Mork said the Council will hold a special meeting later this month after receiving the bids to finalize construction plans. Construction is expected to begin in October.
In other action, the council unanimously approved a multijurisdictional agreement for a sewage pretreatment program with Spokane County.
"This basically carves out the industrial pretreatment requirements for our existing interlocal agreement with Spokane County," City Attorney Brian Werst said. "Spokane County has been required by state and federal authorities to focus more on the pretreatment element of their system."
The Council also adopted a six-month moratorium on the establishment and licensing of medical marijuana dispensaries and collective gardens.
On July 22, changes to the state medical marijuana law prompted the city's decision. Werst said there is a lack of understanding on how the new law is applied at a local level.
"The moratorium is a tool we should use to avoid the city putting itself in a position of granting rights to folks that might not have them in the future," Werst said.
Before final adoption of the moratorium the city must hold a special hearing to get public testimony. The meeting is planned for next month's council meeting.


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Real Estate agents often take poetic license with listings: light-filled patio unit means basement apartment. Tom Faison got bored writing the usual listings, and now his are mini works of art.
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For a seller, The Tom Faison Group brings to the table nearly two decades of sleeves-rolled experience in evaluating pricing and marketing real estate property
© Copyright 2016, Tom Faison - Real Estate in DC, All Rights Reserved.
ReMax Allegiance - 220 7th Street, SE, Washington, DC 20003 (Capitol Hill - Eastern Market)


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19 Tropical Drive Ocean Ridge Florida, 33435
- Description
- Details
- Demographics
- Education
- For Sale
- Sold
Tropical Drive, a private beach-area road in Ocean Ridge, Florida. One of the Gold Coast's best-kept secrets, the exclusive hamlet of Ocean Ridge is prized for its tranquility, relaxed ambiance, and unspoiled barrier island beauty nestled between the Atlantic Ocean and Intracoastal Waterway. Ocean Ridge is conveniently located within easy driving distance of Delray Beach, Boca Raton, and Palm Beach, all offering fine shopping, dining, and entertainment. Palm Beach International Airport is just a 20±-minute drive from Ocean Ridge.
345 feet from the beach! 19 Tropical Drive is located east of Ocean Boulevard (A1A), has deeded beach access from a secluded street, and a slight view of the Atlantic Ocean.
Frank McKinney's first Micro Mansion, being built in the seaside town of Ocean Ridge, Florida, will be beautifully furnished and feature an ocean view and ultra-high-end finishes in an ultra-modern design. Unique amenities include a 650 sq. ft. master bedroom suite with azure-blue glass vanity tops and a second floor glass shower with trees reaching into it, extremely rare sea-glass kitchen countertops, a dining table crafted from a single piece of driftwood, an LED-illuminated living reef aquarium wall, a sun deck floating between two pools + a wading pool, numerous illuminated water walls, and exotic tropical foliage, among other extraordinarily artistic features
About Frank McKinney
Frank McKinney is a real estate artist, five-time bestselling author in four genres, philanthro-capitalist, ultra-marathoner, actor and visionary who sees opportunities and creates markets where none existed before.
Always one to challenge conventional thinking, McKinney, with his signature rock star long blond hair, attended four high schools in four years, after being asked to leave the first three, and earned his high school diploma with a less-than-stellar 1.8 GPA. Then, with $50 in his pocket and without the benefit of further education, he left his native Indiana for Florida in search of his life's calling. It all started many years ago with a $50,000 fixer-upper home.
Since selling his first $2.2 million oceanfront spec home, he has created and sold 41 oceanfront properties with an average selling price of $14+ million.
McKinney recently in a Wall Street Journal feature on his Micro Mansion: "I've dominated the high-end speculative real estate marketplace for over 25 years and I've witnessed the evolution of the high-end buyer. It's been dramatic. They desire artistry, luxury, quality and leading edge technology yet now want it in a much smaller and more manageable home. This exclusive Micro Mansion will have the $4,000 per square foot finishes, yet will need only 4,000 square feet, not 40,000, to showcase the artistry that distinguishes this home from all others." – Frank McKinney.
Additional media on Frank McKinney's Micro Mansion:
WSJ: Are Frank McKinney's 'Micro-Mansions' the Next Big Thing? (images take a few seconds to load)
Sun-Sentinel:Frank McKinney's 'micromansion': Frank McKinney's 'micromansion': BIG on luxury, less to maintain
Spanish El Sentinel: McKinney's 'micromansion': BIG on luxury, less to maintain
Daily Business Review: Famous Spec Builder Downsizes Ultra-Luxury Projects to a Mere 4,087 Square Feet
Metropolitan Luxe: Compact Luxury: Frank McKinney unveils First-Ever Micro Mansion
City & Shore:Is McKinney's "micro-mansion" the Luxury Trend of the future?
Palm Beach Post: Mansion builder Frank McKinney plans "micro-mansion" in Ocean Ridge
Tribune Forum: Micro Mansion by McKinney
Delray Pineapple: McKinney's Micro Mansions could be Future Homes of Ultra Wealthy
Coastal Star:McKinney's Micro Mansion May Test Local Market
The Frank McKinney brand continues to captivate the media and the public. His vision and risk-taking have been covered extensively, including Oprah, ABC's 20/20, USA Today, CBS' The Early Show, CNN, Discovery Channel, Travel Channel, HGTV, Wall Street Journal, New York Times, Fortune, and in over 2,000 additional TV and print stories.
Learn more about Frank's philanthro-capitalistic approach to life at http://www.frank-mckinney.com/about-frank/.
Closet Cabinetry, Decorative Fireplace, Entry Lvl Lvng Area, Single Family, Upstairs Living Area, Volume Ceilings, Walk-In Closets, Foyer, Pantry, Bar, Wet BarFlooring
Carpet, Ceramic Tile, Marble Floors, Wood FloorsSecurity
Burglar Alarm, Entry Card, Entry Phone, Motion Detector, Tv CameraAppliances
Automatic Garage Door Opener, Dishwasher, Disposal, Dryer, Ice Maker, Range - Gas, Refrigerator, Smoke Detector, Wall Oven, Washer, MicrowaveWindows
Bay window(s), Hurricane Windows, Impact GlassBathroom
Dual Sinks, Mstr Bdrm - Sitting, Mstr Bdrm - Upstairs, Separate Shower, Separate TubParking
Driveway, Garage - AttachedPool
Inground, Salt WaterConstruction / Exterior
Built-In Grill, Cbs Construction, Contemporary, Covered Balcony, Covered Patio, Custom Lighting, Deck, Fruit Tree(s), Open Balcony, Open Patio, Open Porch, Other Arch, Outdoor Shower, Summer Kitchen, Zoned SprinklerRooms
Laundry-Inside, Laundry-Util/Closet, LoftKitchen
Cooking IslandAccess Features
Ocean AccessBedrooms
Ocean ViewHVAC
Central, ElectricDining
Dining Family, Dining/KitchenFireplaces
Auto Sprinkler, Laundry Tub, Water Heater - Gas
Broker Associate