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This COLOCATION MASTER SERVICES AGREEMENT, including the Schedule of Equipment and the Service Level Agreement attached hereto (collectively, these "Terms and Conditions") is made a part of the document entitled, "COLOCATION SERVICE ORDER FORM" (the "Colocation Service Order Form") entered into and executed by and between Atlantic.Net, Inc. ("ATLANTIC.NET") and the Customer identified in the Colocation Service Order Form. The term "Agreement" shall mean these Terms and Conditions, the Colocation Service Order Form and the Acceptable Use Policy. These Terms and Conditions are incorporated by reference into the Colocation Service Order Form as if fully set forth therein. ATLANTIC.NET and Customer acknowledge and agree that upon execution of the Colocation Service Order Form, they shall be legally bound by the Agreement. Capitalized terms not defined in these Terms and Conditions shall have the same meaning as in the Colocation Service Order Form.
1. THE LEASE. ATLANTIC.NET leased certain premises in the building where ATLANTIC.NET's data center is located. ("Building") and which may be identified on the Colocation Service Order Form from the Building's owner ("Owner") pursuant to a lease agreement ("Lease"). Pursuant to the Lease, ATLANTIC.NET has the right to execute and enter into this Agreement for the Space in the Premises located within the Building. Customer is not a party to or a beneficiary under the Lease and has no rights thereunder.
Customer owns the computer and related communications equipment ("Equipment") more particularly described in the Schedule of Equipment attached hereto as Exhibit "A" and incorporated herein by reference.
(a) Grant of License. Subject to the terms and conditions set forth in this Agreement, ATLANTIC.NET hereby grants to Customer the right and non-exclusive license ("License") to install and operate the Equipment in the specific space or spaces ("Space") located in the premises ("Premises") in the Building, as specified by ATLANTIC.NET during the Term of this Agreement and solely to use the Space for the Permitted Uses set forth below and for no other purposes. Notwithstanding the foregoing, ATLANTIC.NET reserves the right to relocate, change or otherwise substitute replacement space in the Premises for the Space at any time during the Term hereof, provided that the replacement space is substantially similar in size and configuration to the original Space.
(b) Term. This Agreement and the License shall commence on the Effective Date set forth in the Colocation Service Order Form and shall each automatically renew for successive terms equal to the initial term unless cancelled by either party in writing at least thirty days before the expiration of the current term (the "Term"). Provided, however, the Term shall terminate prior to the scheduled date of termination if subject to Sections 11, 12 and/or 13 below.
(c) Permitted Uses. Customer has the right to use the Space solely for the purpose of (i) installation of the Equipment in the Space, (ii) maintaining the Equipment, (iii) operating the Equipment, and (iv) removing the Equipment (the "Permitted Uses"). Unless otherwise agreed by ATLANTIC.NET in writing, Customer shall perform the Permitted Uses at its sole cost and expense. Customer shall not use or allow or permit the use of the Space for any use or purpose other than a Permitted Use.
(d) Not a Grant of an Interest in Real Property. Customer represents, warrants, covenants, acknowledges and agrees that it does not have, has not been granted and will not own or hold any real property interest in the Space, the Premises or the Building; that Customer is a licensee not a tenant or lessee of the Space; and that Customer does not have any of the rights, privileges or remedies that a tenant or lessee would have under a real property lease or occupancy agreement.
3. Fees & Requirements to Begin Service. On the date of execution of the Colocation Service Order Form, Customer agrees to and shall pay to ATLANTIC.NET that amount which is equal to the sum of (a) the cost to install the racks, cabinets, cages, custom space, electrical circuits, fiber optic connections, cable, panels and other items necessary for the Equipment to function in the Space ("Expense Component"), plus (b) a prepayment equal to the number of month's recurring fees determined by Atlantic.Net (the "Fee Component") (hereinafter together, the "Fees Required to Begin Service"). The Expense Component shall be applied by ATLANTIC.NET to pay the costs and expenses referenced in the Colocation Service Order Form. The Expense Component is not refundable to Customer, and shall be deemed earned by ATLANTIC.NET upon receipt. The Fee Component shall be applied by ATLANTIC.NET to prepayment of the Fee due from Customer for the first month or months of the Term. The Fee Component is not refundable to Customer, and shall be deemed earned by ATLANTIC.NET upon receipt. On the date of execution of the Colocation Service Order Form, Customer shall deliver to ATLANTIC.NET all required certificates of insurance as set forth in Section 8 below. Customer shall not engage in any of the Permitted Uses until all of the requirements of this Section 3 have been fully satisfied.
4. AGREEMENT TO PROVIDE SERVICES AND PAY FEES; SERVICE LEVEL AGREEMENT; SECURITY AGREEMENT. Pursuant to the Colocation Service Order Form, ATLANTIC.NET has agreed to provide certain services ("Services") to the Customer, and the Customer has agreed to pay certain fees ("Fees") to ATLANTIC.NET in consideration therefore. The Services include the License. ATLANTIC.NET shall have the right to increase the Fees: (a) twelve (12) months after performance of the Services first commences in proportion to increases in the Consumer Price Index applicable to the geographic area where the Building is located, plus two percent (2%) and/or (b) anytime in proportion to increases in electricity costs applicable to the geographic area where the Building is located. Customer shall have the right to purchase additional Services offered by ATLANTIC.NET from time to time on terms and conditions to be agreed in writing. ATLANTIC.NET agrees to provide the Services in accordance with and pursuant to the terms and conditions set forth in the Service Level Agreement attached hereto as Exhibit "B" and incorporated herein by reference. Customer agrees to pay the price per megabit per second (mbps), as stated in the Colocation Service Order Form, for each additional mbps over their contracted amount, based on 95-percentile bandwidth overage billing. The contracted mbps amount is defined as the bandwidth number listed in the Internet Access Quantity field on the Colocation Service Order Form. All Fees and other sums which are or may hereafter be owed to ATLANTIC.NET by the Customer under this Agreement (including without limitation Default Interest, Late Charges and attorney's fees and other costs of collection are called the "Obligations". In order to secure the payment and performance of the Obligations, the Customer hereby grants to ATLANTIC.NET a security interest, within the meaning of the Article 9 of the Uniform Commercial Code (the "UCC") in all Equipment, cable, wiring, connecting lines and other installations, equipment or property of the Customer now or hereafter installed or placed in the Space or Premises. Except with respect to ATLANTIC.NET's security interest, the parties agree that the Uniform Commercial Code shall not apply to the Agreement.
(a) Payment of Fees. On or before the first (1st) day of each and every month during the Term hereof (each, a "Due Date"), Customer agrees to and shall pay the Fees to ATLANTIC.NET, in advance, for the Services to be rendered by ATLANTIC.NET to Customer during said upcoming month, without offset, deduction or credit of any kind and in good and drawable funds. If Customer for any reason fails to pay the Fees to ATLANTIC.NET by the Due Date of any month during the Term hereof, Customer will be assessed an administrative charge in the amount which is equal to five (5%) of the overdue Fees ("Administrative Charge"); in addition ATLANTIC.NET may charge interest on all due but unpaid Fees at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law ("Default Interest") until paid in full. Customer agrees to and shall pay to ATLANTIC.NET for all costs of collection of the Fees, Default Interest and Late Charges plus ATLANTIC.NET's attorneys' fees, costs, expenses and court costs and fees paid or incurred in connection therewith. Customer's obligation to pay the Fees, Default Interest and Late Charges shall survive the expiration or earlier termination of the Agreement. If Customer requests that Atlantic.Net provide services not specifically set forth herein and Atlantic.Net agrees to provide such services, Customer agrees to pay ATLANTIC.NET's standard fee for such service at the time such service is rendered or such charge as the parties may mutually agree upon prior to the delivery of the service and such services shall be included within the definition of "Services". ATLANTIC.NET may suspend or otherwise cease performing any or all Services to Customer if payment for any Service is not timely paid in full. Such suspension shall include, without limitation, denying Customer access to the Space or Premises and changing locks and access codes. Time is of the essence with respect to Customer's performance and the making of payments hereunder. A Reinstatement Fee equal to seventy-five dollars ($75.00) will be assessed for suspended Services and must be collected with the overdue Fees for the account to be reinstated. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate and all Services subject to those undisputed Fees shall be deemed fully accepted and by ATLANTIC.NET and in full compliance with this Agreement.
(b) Taxes. Customer is responsible for all taxes under this Agreement, however designated, levied or based on such charges excluding income taxes payable by ATLANTIC.NET, and Customer's tax obligations include, without limitation, all state and local privilege taxes, sales and use taxes, excise taxes based on gross revenue, and ad valorem or personal property taxes (collectively, "Tax"). Customer agrees that if any of the foregoing is paid by ATLANTIC.NET, Customer shall reimburse ATLANTIC.NET for the amount paid plus any related expenses incurred and interest assessed. Unless otherwise stated as a separate line item on any bill or invoice provided by ATLANTIC.NET, all payments required by this Agreement are exclusive of any applicable Tax.
6. RULES AND REGULATIONS. Customer agrees to and shall abide by and honor all rules, regulations, policies and procedures with regard to the use of the Space, the Premises and the Building from time to time published by ATLANTIC.NET (whether written or published on ATLANTIC.NET's website)
7. CONFIDENTIALITY. ATLANTIC.NET and Customer, for itself, its agents, employees and representatives, agrees that it will not divulge any confidential or proprietary information it receives from the other party, except as may be required by law.
8. INSURANCE. Customer agrees to and shall maintain in force and effect during the Term of this Agreement one or more policies of commercial general liability insurance, with a company licensed to do business within the state where the Building is located, insuring Customer against all hazards and risks customarily insured against by persons locating equipment such as the Equipment in space in buildings such as the Space in the Building. The policy shall be written on a per-occurrence basis with blanket contractual liability coverage, with respect to use of the Space in the Premises and operation of Customer's business therein, with a combined single-limit coverage of not less than One Million Dollars ($1,000,000) and aggregate umbrella coverage of not less than an additional One Million Dollars ($1,000,000). Customer shall maintain property insurance (inclusive of coverage for data, media and electronic data processing perils) written on a "Special Form" basis at full replacement cost value. Customer's policies shall contain provisions providing that such insurance shall be primary insurance insofar as Customer is concerned, with any other insurance maintained by ATLANTIC.NET being excess and noncontributing with the insurance of Customer required hereunder; and the same shall provide coverage for the contractual liability of Customer to indemnify ATLANTIC.NET. Each of Customer's policies shall name ATLANTIC.NET and any additional persons, or entities that ATLANTIC.NET may reasonably designate in writing, as "additional insureds". All such policies shall provide that Customer's insurer waives all rights of subrogation against ATLANTIC.NET. Customer shall procure and maintain workers' compensation insurance complying with the law of the state where the Building is located, whether or not said coverage is required by law, and employer's liability insurance with limits of no less than One Million Dollars ($1,000,000). Each such policy shall provide that it cannot be canceled or modified unless ATLANTIC.NET is given thirty (30) calendar days advance written notice of such cancellation or modification. The insurance requirements set forth herein are independent of Customer's indemnification and other obligations hereunder and shall not be construed or interpreted in any way to restrict, limit, or modify Customer's indemnification and other obligations, or to limit Customer's liability. Customer shall obtain all insurance policies with carriers having an A.M. Best rating of A- VIII or better. Prior to occupying the Space or engaging in any of the Permitted Uses, and at any time thereafter upon ATLANTIC.NET's request, Customer shall submit to ATLANTIC.NET evidence that Customer has the insurance policies required hereunder in effect and shall provide to ATLANTIC.NET certificates, with copies of all applicable endorsements attached, to ATLANTIC.NET. Customer shall ensure that ATLANTIC.NET receives at least ten (10) days' prior written notice before any policy is cancelled or materially modified.
9. INDEMNITY. Customer and its respective officers, directors, shareholders, employees, agents, representatives, parent companies, affiliated companies and subsidiary companies (each, as an"Indemnifying Party") each hereby agree to and shall indemnify, defend, protect and hold the ATLANTIC.NET and its respective officers, directors, shareholders, employees, agents, representatives, parent companies, affiliated companies and subsidiary companies (each, as an "Indemnified Party") free and harmless from and against all Claims (defined below) for damages (including but not limited to attorneys' fees, costs and expenses), injury and death arising out of or relating directly or indirectly to the failure or alleged failure by the Indemnifying Party to comply with this Agreement, the License granted hereunder and Customer's use of the Space. For purposes of this Section, the term "Claims" means any and all claims, causes of action (whether based on tort or contract law principles, law or equity, or otherwise), charges, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and reasonable attorneys' fees and costs. This indemnification extends to and includes (a) Claims for injury to any persons (including death at any time resulting from that injury), and loss of, injury or damage to, or destruction of real or personal property (including all loss of use resulting from that loss, injury, damage, or destruction of the Space or Premises). The provisions of this Section shall survive the termination, cancellation or expiration of this Agreement for any reason. The Indemnified Party seeking indemnification under this Section shall give the Indemnifying Party prompt notice of any claim asserted or threatened against such Indemnified Party on the basis of which such Indemnified Party intends to seek indemnification, but the obligations of the Indemnifying Party shall not be conditioned upon receipt of such notice except to the extent that the Indemnifying Party is actually prejudiced by such failure to give notice). The Indemnifying Party shall promptly assume the defense of any Indemnified Party, with counsel reasonably satisfactory to such Indemnitee, and the fees and expenses of such counsel shall be at the sole cost and expense of the Indemnifying Party. Notwithstanding the foregoing, any Indemnified Party shall be entitled, at its expense, to employ counsel separate from counsel for the Indemnifying Party and from any other party in such action, proceeding, or investigation. An Indemnified Party may not agree to a settlement of a Claim without the prior written approval of the Indemnifying Party, which approval shall not be unreasonably withheld. No Indemnifying Party may agree to a settlement of a Claim against an Indemnified Party unless such settlement includes a full release of the Indemnified Party.
10. DISCLAIMER OF WARRANTIES. THIS AGREEMENT PROVIDES LICENSES AND SERVICES AND IS NOT A SALE OF GOODS. ATLANTIC.NET PROVIDES THE SPACE AND THE SERVICES ON AN "AS IS WHERE-IS" BASIS AND WITH "ALL FAULTS" AND MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE SPACE, THE PREMISES, THE BUILDING, THE LICENSE, OR ANY OTHER RIGHTS, OBLIGATIONS OR PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE ALL HEREBY DISCLAIMED. ATLANTIC.NET SHALL NOT BE RESPONSIBLE FOR ANY DELAYS OF ANY KIND, REGARDLESS OF CAUSE. In the event of any breach of this Agreement by ATLANTIC.NET, Customer's sole and exclusive remedy shall be as follows: upon delivery of written notice to ATLANTIC.NET of the breach, ATLANTIC.NET shall, in its sole discretion, re-perform or correct any Services or other breaches, or provide to Customer a refund or credit in accordance with the terms and conditions of the Service Level Agreement attached hereto as Exhibit B. THE FOREGOING OBLIGATIONS AND REMEDIES SET FORTH IN THE PRECEDING SENTENCE SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT, WHICH REMEDIES SHALL APPLY EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE.
11. EVENT OF DEFAULT BY CUSTOMER. The occurrence of any one or more of the following shall constitute an "Event of Default" by Customer under this Agreement: (a) on or after the twentieth (20th) calendar day of each month during the Term hereof, Customer for any reason fails to pay to ATLANTIC.NET any Fees, Obligations or any other amount due hereunder, or (b) on or after the 20th day after the date when due, Customer fails to pay to any other person or entity to whom Customer is required by the Agreement to make payment of any amount required by the Agreement to be paid; or (c) Customer fails to perform any obligation or covenant set forth in this Agreement and is not cured within ten (10) business days following receipt of written notice thereof.
(a) Rights in the Event of Default by Customer. In addition to all other rights and remedies granted to ATLANTIC.NET in the Agreement and available under applicable law, (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default by Customer, all obligations of ATLANTIC.NET to provide to Customer the Services and use of or access to the Space under this Agreement shall immediately and automatically terminate without further notice to Customer and ATLANTIC.NET shall have the right to: (i) cease providing the Services to Customer and cease providing access to or use of the Space and Premises and change locks and access codes, without notice to Customer, and (ii) remove the Equipment from the Space and Premises without notice to Customer in accordance with Section 12(c) below; and (iii) terminate this Agreement, subject to the continuing rights of ATLANTIC.NET under this Agreement to require payment of the Obligations and to exercise the remedies provided in Section 12(c) below.
(b) Termination Obligations. Customer agrees that, upon the cancellation, expiration or termination of the License or this Agreement for any reason whatsoever, Customer shall, within ten (10) days, make payment in full on all Obligations under this Agreement, including all outstanding Fees, Default Interest, Late Charges and other amounts, and promptly remove or have removed, at Customer's sole cost and expense, all Equipment and all cable, wiring, connecting lines, and other installations, equipment or property installed or placed by or for Customer in the Space or Premises and restore those portions of the Space and Premises damaged by such removal to their original condition as it existed immediately prior to the installation or placement of such items.
(c) Right to Remove Equipment. If Customer fails to promptly make full payment to ATLANTIC.NET of all Obligations and fails to remove any Equipment or other items as set forth in Section 12(b) above, or if ATLANTIC.NET has the right to remove the Equipment as set forth in Section 12(a) above, then, to the fullest extent permitted by law, ATLANTIC.NET shall have the right to take and hold possession of the Equipment, and ATLANTIC.NET shall have all of the rights of a secured party with respect to the Equipment and all other collateral for the Obligations. ATLANTIC.NET may, at Customer's expense: (i) remove and store such Equipment and items; (ii) delete and remove all software, information data and other stored items from the Equipment without retaining any copies or backups; and (iii) restore those portions of the Space and Premises damaged by such removal to their original condition as it existed immediately prior to the installation or placement of such items. All costs and expenses incurred in connection with (i), (ii) and (iii) in the preceding sentence shall be included within the definition of "Obligations". ATLANTIC.NET may, unless all outstanding Obligations are paid to ATLANTIC.NET within ten (10) days after written notice to the Customer, dispose of the Equipment and other collateral for the Obligations at public or private sale, in the manner permitted under the Uniform Commercial Code, and may exercise any other remedy available to ATLANTIC.NET at law or in equity.
(d) Customer's Removal of Equipment. Notwithstanding anything to the contrary contained in this Agreement, Customer shall not be permitted to remove any of Customer's Equipment from the Space or Premises at any time when Customer is subject to an Event of Default, delinquent in meeting any of its payment obligations or is otherwise in breach of any other material term under this Agreement. Full payment shall be a condition of Customer receiving access to the Space and Premises and Customer's removal of its Equipment.
(e) Payment upon Termination. Upon the termination or cancellation of this Agreement for any reason whatsoever prior to the end of the then-current term other than a termination or cancellation as a result of a default by ATLANTIC.NET under Section 13 below, all Fees and other costs, expenses and amounts for the License, the Services and any other Obligations incurred during the full Term of the Agreement shall be immediately and automatically accelerated and due and payable in full to ATLANTIC.NET within ten (10) days of the date of such termination or cancellation
13. EVENT OF DEFAULT BY ATLANTIC.NET. The failure by ATLANTIC.NET to perform any obligation or covenant set forth in this Agreement, if the same is not cured within ten (10) business days following receipt of written notice thereof, shall constitute an "Event of Default" by ATLANTIC.NET. Upon the occurrence of such Event of Default, Customer may terminate the Agreement upon not less than three (3) business days' written notice to ATLANTIC.NET.
14. ATTORNEYS' FEES. If any legal or administrative action or proceeding is brought by either party against the other party to enforce or interpret any term or provision of this Agreement, the prevailing party in said action or proceeding shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in connection with the prosecution or defense of such action or proceeding. The foregoing includes, without limitation, attorneys' fees and costs of investigation incurred in appellate and remand proceedings, or costs incurred in establishing the right to indemnification.
15. ASSIGNMENT. The License and obligations under this Agreement are personal to Customer, and ATLANTIC.NET has entered into this Agreement and granted the License to Customer after an evaluation of creditworthiness and experience. Customer may not assign, sub-license or transfer this Agreement or the Space or License in whole or in part, whether by contract, merger, reorganization or the sale of all or substantially all of the stock, equity or control of Customer, and Customer will not allow any other person or entity to use the Space or License for any reason, without first obtaining the prior written consent of ATLANTIC.NET, which consent may be granted or withheld in ATLANTIC.NET's sole and absolute discretion. Any purported assignment or delegation without the required consent shall be null and void and of no legal force or effect.
16. GOVERNING LAW. The Agreement and all documents and instruments executed in connection therewith or herewith shall be governed by and interpreted in accordance with the substantive laws of the State of Florida without regard to principles of conflict of laws. The parties each agree that sole and exclusive jurisdiction and venue for any action or litigation arising from or relating to this Agreement shall be an appropriate court located in Orange County, Florida.
17. NO WAIVER. The failure of either party at any time to enforce any right or remedy available to it under the Agreement or under any other document or instrument executed in connection herewith or therewith shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by either party.
(a) NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW: (I) THE TOTAL AND AGGREGATE LIABILITY OF ATLANTIC.NET TO CUSTOMER FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE LICENSE, THE SERVICES, PREMISES OR SPACE SHALL NOT IN ANY EVENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ATLANTIC.NET BY CUSTOMER UNDER THIS AGREEMENT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; AND (II) IN NO EVENT SHALL ATLANTIC.NET BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, INJURY TO BUSINESS OR REPUTATION, LOST DATA, BUSINESS OR CUSTOMERS, THE LOSS OF PROSPECTIVE PROFITS OR ANTICIPATED SALES OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS, OR COMMITMENTS INCURRED IN CONNECTION WITH CUSTOMER'S BUSINESS, WHICH RESULT FROM ANY OUTAGES OF THE SERVICES OR ANY OTHER FAILURE OF CONNECTIVITY OR ANY OTHER FAILURES.
(b) ATLANTIC.NET SHALL NOT IN ANY CASE BE LIABLE FOR ANY OF THE FOLLOWING: (I) THE CONTENT OF THE INFORMATION PASSING OVER ATLANTIC.NET'S NETWORK; (II) UNAUTHORIZED ACCESS OR DAMAGE TO, ALTERATION, THEFT, DESTRUCTION OR LOSS OF, EQUIPMENT, CUSTOMER'S RECORDS, INFORMATION, FILES OR DATA; (III) CLAIMS FOR DAMAGES CAUSED BY CUSTOMER; (IV) CLAIMS AGAINST CUSTOMER BY ANY OTHER PARTY; OR (V) ANY ACT OR OMISSION OF ANY OTHER PARTY FURNISHING SERVICES AND/OR PRODUCTS, OR THE INSTALLATION AND/OR REMOVAL OF ANY AND ALL EQUIPMENT OR SUPPLIES.
(c) CUSTOMER AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES ASSUME ALL RISK, INCLUDING, WITHOUT LIMITATION, FALLS AND ELECTRIC SHOCKS, AND RELEASES ATLANTIC.NET AND ITS AGENTS, EMPLOYEES AND REPRESENTATIVES FROM ANY LIABILITY WHATSOEVER ARISING OUT OF ANY DAMAGE, LOSS OR INJURY TO PERSON AND/OR PROPERTY, EVEN IF CAUSED BY ATLANTIC.NET'S OWN NEGLIGENCE.
(d) ALL OF THE LIMITATIONS IN THIS SECTION 18 SHALL APPLY EVEN IF ATLANTIC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ANY CLAIMS ARE BASED IN CONTRACT, TORT, STRICT LIABILTY, PRODUCT LIABILITY OR OTHERWISE.
19. NOTICES. All notices and demands hereunder shall be in writing and shall be served by personal service by mail at the address of the receiving party set forth below (or at such different address as maybe designated by such party by written notice to the other party). All Notices and other communications hereunder shall be in writing and shall be deemed to have been duly given as of the date of confirmed delivery or confirmed facsimile transmission. To be effective, Notices must be delivered to the attention of:
440 West Kennedy Blvd, Suite 3
Orlando, FL, 32810
ATTN: Legal Department
Telephone: (321) 206-3730
Fax: (407) 660-8094
TO: Customer
Customer Contact Name and Address Listed in the Colocation Service Order Form.
20. RIGHT TO ACCESS SPACE. ATLANTIC.NET retains the right to access the Space at any time and from time to time to perform maintenance and repairs, to inspect the Equipment and to perform the Services.
21. FORCE MAJEURE. The phrase "Force Majeure" means and refers to any of the following events: acts of war, acts of God; rebellion or sabotage or damage resulting there from; expropriation or confiscation of facilities by any governmental authority; compliance with any order of any governmental authority; acts of the government in its sovereign capacity which cause a delay, deferral or suspension in ATLANTIC.NET's ability to provide the Services; subsidence; earthquakes; hurricanes; fires; floods; explosion; accidents; quarantine restrictions; freight or other embargoes; casualty loss; strikes; labor disputes; shortages of materials or transportation; electrical blackouts or brownouts; the failure of any utility provider to deliver electricity or water to the Premises; and the failure of Customer's Equipment. Notwithstanding the above, Force Majeure shall not include (a) any event caused by the fault, negligence, failure to pay money or financial inability of the party claiming Force Majeure, and (b) any event within the reasonable control of the party claiming Force Majeure. A party's obligation to pay money to another party will not be delayed, affected or changed by an event of Force Majeure.
22. RELATIONSHIP OF THE PARTIES. The parties agree that their relationship hereunder is in the nature of independent contractors. Neither party shall be deemed to be the agent, partner, joint venturer or employee of the other, and neither shall have any authority to make any agreements or representations on the other's behalf. Each party shall be solely responsible for the payment of compensation, insurance and taxes of its own personnel, and such personnel are not entitled to the provisions of any employee benefits from the other party. Neither party shall have any authority to make any agreements or representations on the other's behalf without the other's written consent. Additionally, Atlantic.Net shall not be responsible for any costs and expenses arising from Customer's performance of its duties and obligations pursuant to this Agreement.
23. REPRESENTATIONS. Both parties represent and warrant to the other: (1) that it is a duly organized and existing legal entity under the laws of its domicile, if Customer is a corporation or partnership; (2) that it has full authority to enter this Agreement; (3) that the execution and/or performance of this Agreement does not and will not violate or interfere with any other agreement by which such warranting party is bound; and (4) that the warranting party will not enter into any agreement whose execution/performance would violate or interfere with this Agreement.
24. INTERPRETATION. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation and construction of this Agreement, and this Agreement shall be construed as having been jointly drafted by the parties. The titles and headings for particular paragraphs, sections and subsections of this Agreement have been inserted solely for reference purposes and shall not be used to interpret or construe the terms of this Agreement. Any purchase order or other instrument of Customer provided to ATLANTIC.NET or accompanying any payment is for Customer's internal use only and its terms shall not alter or amend the terms of this Agreement.
25. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but which together shall constitute one and the same document.
26. SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed from this Agreement and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of this Agreement or the application of the provision to the other parties or other circumstances.
27. CONFIDENTIALITY. Each party for itself, its agents, employees and representatives agrees that it will not divulge any confidential or proprietary information it receives from the other party, except as may be required by law. The terms and conditions of this Contract shall be considered confidential or proprietary information under this paragraph. Neither party shall use the other party's name in marketing materials including, but not limited to press releases, without the prior written consent of the other party. The obligations of confidentiality and indemnification stated herein shall survive the termination of any applicable License or Contract.
28. ENTIRE AGREEMENT. This Agreement, which includes the Colocation Service Order Form and these Terms and Conditions and the Schedule of Equipment, Exhibit "A" and the Service Level Agreement, Exhibit "B", attached hereto, constitute the entire understanding of the parties related to the subject matter hereof. The parties have read this Agreement and agree to be bound by its terms, and further agree that it, together with all Exhibits hereto (the terms of which are incorporated herein by this reference), constitutes the complete and entire agreement of the parties and supersedes all and merges all previous communications, oral or written, and all other communications between them relating to the subject matter hereof. No representations or statements of any kind made by either party that are not expressly stated herein shall be binding on such party. The parties agree that there are no third party beneficiaries to this Agreement, whether express or intended.
A list of Equipment Customer plans to install and operate at the Premises shall be provided to ATLANTIC.NET by the Customer.
ATLANTIC.NET agrees to and shall provide the Services to the Equipment in the Space in accordance with this Service Level Agreement. Capitalized terms not defined herein shall have the same meaning as in the Colocation Service Order Form and the Agreement:
ATLANTIC.NET's intention is to provide uninterrupted power to the Equipment in the Space; however, events occur from time to time that may interrupt the power delivered to the Equipment in the Space. In the event that Customer experiences an interruption in power delivery to the Equipment in the Space (a "Power Interruption"), excluding scheduled maintenance, ATLANTIC.NET shall, for each impacted power circuit in the Space, grant to Customer a percentage credit during the next succeeding month (a "Power Interrupt Percentage Credit"). Notwithstanding the foregoing, if a Power Interruption is caused by one or more events of Force Majeure or by the Customer exceeding 80% of a circuit breaker's rating under continuous load, the Customer shall not be entitled to a Power Interrupt Percentage Credit. The Power Interrupt Percentage Credit shall be based on the following schedule:
Per 15 Minutes of downtime: One hour of the Monthly fee allocable to the specific impacted power circuit.
Power Interrupt Percentage Credits are not cumulative from month to month and apply only to the month in which the Power Interruption occurred. Customer shall not receive during any month of the Term hereof a Power Interrupt Percentage Credit, which cumulatively exceed 100% of the monthly Fee allocable to the power circuit(s) affected in the Space. Where possible, ATLANTIC.NET will provide Customer with directed remote hands-services (without charge) to power up affected Equipment on a best effort basis.
Network Uptime (only applicable when Atlantic.Net provides Internet Access)
Atlantic.Net guarantees that the network will be available 100% of the time in a given month excluding scheduled maintenance. Atlantic.Net will refund the Customer one hour of the monthly Internet Access fee per additional 15 minutes downtime (up to 100% of Customer's monthly Internet Access fee). Network uptime includes functioning of all network infrastructure including router, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and Atlantic.Net records such failure in the Atlantic.Net trouble ticket system.
ATLANTIC.NET's cross-connects in the Premises are designed for 100% circuit availability. If ATLANTIC.NET's cross connects degrade outside acceptable BellCore parameters (i.e., in excess of 1 minute) (a "Degrade Interruption"), excluding scheduled maintenance, ATLANTIC.NET shall, for each impacted cross-connect in the Space, grant to Customer a percentage credit during the next succeeding month (a "Degrade Interrupt Percentage Credit"). Notwithstanding the foregoing, if a Degrade Interruption is caused by one or more events of Force Majeure, the Customer shall not be entitled a Degrade Interrupt Percentage Credit. The Degrade Interrupt Percentage Credit shall be based on the following schedule:
Per 15 Minute of downtime: One hour of the Monthly fee allocable to the specific impacted cross-connect.
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Customer agrees to and shall abide by and honor all rules, regulations, policies and procedures with regard to the use of the Space, the Premises and the Building from time to time published by ATLANTIC.NET (whether written or published on ATLANTIC.NET's website). By signing the Colocation Service Order Form the Customer agrees to be bound by these Terms and Conditions. Customer also acknowledges that it has reviewed Atlantic.Net's Customer Policies & Procedures. Atlantic.Net, Inc. will confirm delivery date after the order has been validated and approved. Installation charges are an estimate only. Final charges are subject to completion of installation. Atlantic.Net, Inc. cannot guarantee additional power for reconfiguration or upgrades of Customer Equipment, except as specified in this Agreement.
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Customer agrees and acknowledges that it is solely responsible for ordering circuits directly from the carrier if Customer is not purchasing bandwidth from Atlantic.Net. Customer shall coordinate with the carrier the delivery and provisioning of circuits to Atlantic.Net, Inc. facilities. Atlantic.Net, Inc. may be able to assist only if circuit number(s) are provided. Customer understands that Atlantic.Net, Inc. is not responsible for commitments made by carriers.
Revised: 06/24/2014
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text:
September 1, 2008
| Article
Special care must be taken when performing service consultations for those in the health care industry and related fields. Turn this into a positive by marketing a healthy, natural nail regime for this client base.
May 1, 1995
| Article
Infection control is a hot topic these days. Let's face it: The world is a grimy place. As doctors and executives learn more about how infectious diseases are transmitted, many hospital administrators have begun to look at the way the hospital itself operates for ways to better protect both patients and staff from possibly harmful bacteria that can cause infections.
30 Cuticle Care Products You'll Love30 photos
Nailing the Color of the Year 201623 photos
Granular layer of the skin.
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What are reasonable terms for a non-compete contract?
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The new products I'm using are adding time to each appointment. How do I adjust my schedule?
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How big is the U.S. nail business? $7.3 billion. What's the average service price for a manicure? Dig into our decades' deep research archives.
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subset: commoncrawl


text: To get from Corigliano Scalo to Caltanissetta by train you can catch one of the 2 trains that everyday travel between these two cities. The first train to Caltanissetta leaves from Corigliano Scalo at 07:42 and the last train departs at 09:03. If you choose a local train the trip lasts on average 11:36 hours. For your trip from Corigliano Scalo to Caltanissetta by train you can choose to leave from one of Corigliano Scalo main stations: Corigliano Calabro On Wanderio you can compare all schedules, fares and railway companies to Caltanissetta and book the best itinerary starting from Corigliano Scalo.


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Michael Miller was born in the spring of 1999, the brainchild of Michael Steiner and Kathy Miller. Their humble beginnings in small apartments of two very hardworking co owners gradually gained popularity and expanded. As time went on the company grew to a team of around 20 people and moved to 118 West 22nd street in New York City.
This dedicated and enthusiastic group is committed to expanding with a product that stands out in the industry, while at the same time closely tending to the needs of the customers they inspire. Their blog, Making it FUN provides inspiration to many seamstresses.


text:
Welcome to Rockin' Robin!
Over 30,000 students have been taught at Rockin' Robin Music Lessons. We pride ourselves on tailoring and designing our lessons for each individual student's needs, ability level and musical goal. We do not believe we are the BEST simply because we've been in business the longest – we believe we are the best because we provide the BEST QUALITY. It is our students and families that have kept us in business for over 25 years since 1987, allowing us to expand and cater to the increasing demand for professional, encouraging and family-friendly music lesson studios.
In July of 2008, we expanded our highly acclaimed music studio to the Missouri City – Sugarland area. Our new facility is located at 9020 Hwy. 6 South, Suite 160 in the Shoppes at Sienna Plantation. In 2013, we also have expanded our studios to the Memorial area, 9039 Katy Fwy Suite 338 Houston TX 77024.
Now we are very pleased to announce the opening of our new River Oaks Music School (Houston). We are on South Shepherd, but roughly 15 blocks north between Westheimer and West Gray. Our new Houston location is much newer, modern and spacious than the previous studio. We've started at the new location on Saturday, November 01, 2014. Our Houston studio offers new expanded hours, free WI-FI along with other new extras and promotions. For our students' convenience, we are open 7-days a week at all locations and provide quality music lessons to students of all ages and levels.
– Skiles Kelley
Studio Owner


text:
Like This Banksy Print?
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Banksy Kissing Coppers Police is a painting Banksy did in 2004 on the side of the Prince Albert Pub near Trafalgar Street in Brighton, England. It became a tourist attraction, but will soon be shipped to New York, where a private dealer is interested in auctioning the work. The picture shows two English policemen in a sensual kiss. They are wearing short-sleeved shirts; the insignias on the shirts suggest some rank. On one, the handcuffs are visible; on the other, his nightstick.
The varying shades of gray show that this is not a relationship the populace really understands. As policemen, they are partners, each having the others back. It is a close relationship because they depend on each other for their lives. The feeling is of taking care of each other, the billy club and handcuffs the tools of their trade.


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Friday, September 9, 2016 8:00 pm Littlefield Concert Hall
Robert taub
Taub plays with wholly extraordinary musical virtuosity.
The Times, London
A visionary virtuoso.
The New Yorker
Robert Taub plays with more than professional affinity—he plays with love.
The New York Times
A marvel of delicate and always sensitive virtuosity.
The Daily Telegraph, London
Robert Taub - uncommonly eloquent, unusually powerful performances.
The New York Times
Johannes Brahms:
Fantasias for piano, Op. 116
Capriccio in D Minor (Presto energico)
Intermezzo in A Minor (Andante)
Capriccio in G Minor (Allegro passionato)
Intermezzo in E Major (Adagio)
Intermezzo in E Minor (Andante con grazia ed intimissimo sentimento)
Intermezzo in E Major (Andante teneramente)
Capriccio in D Minor (Allegro agitato)
Alexander Scriabin:
Sonata No. 5, Op 53
Arnold Schoenberg:
Klavierstück, Op. 33a
Milton Babbitt:
Reflections for Piano and Synthesized Tape
Milton Babbitt:
Canonical Form (commissioned for Robert Taub by the Fromm Foundation)
Ludwig van Beethoven:
Sonata No. 21 in C Major, Op. 53 "Waldstein"
Allegro con brio
Introduzione: Adagio molto
Rondo. Allegretto moderato–Prestissimo
Read the biography


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New Braunfels Herald Zeitung (Newspaper) - July 17, 1994, New Braunfels, Texas ' *V«* fete • -. *' r:: fWHKi:' 11 ;m ; *\-'v-r '7. ■■■K;.--0:" '.wr-ii';:.,'SWMJ ^>1^-1;- :■ ' * .»••••*.. gr^A-e;; >¥* — - PW July 17I IHI: Jo* DNUgglo hNs wMy bi ■/vcora juui Swiignt gMM.■ IRsr (to Ans there escape \tvrn the magnetic force that drew \1hm to their radios to hear the news I AAMAl teflhJSlMfewte jHalgMK g|Aag^ariwUriCor report tn$ grim nows Of war in Europe and then, at soma point ti the program, odd Joe '■\DiMaggbgotahttoday.: ■My IT, IMI. FootballI CoNbqb hoop# coffling to th# ■ The Spurs marketing 8k*ary, SAOne and Del- ■ Wilber Associates announced that the 11995 7UP Shoot-Out wi be played on Sun-1 I day, February 19,19951 attheAlamodome. I The neutral site non-conference dou-[NehoackirwWfaaliireniitBtanfino^xjl^o# action as the Maryland Terrapins battle the Cincinnati Bearcats and the Temple OMS tipoff against the Texas Longhorns. ABC Sports, through relationship with Raycom, will regionally televise the 1995 7UP Shoot-Out. Last year ate Terrapins were a surprise ■Stetson Sweet Stetson contestant and finished the! I season ranked 25th nationally (USA Today). Theyw« rely on aophomore sen- T r < ic k New Braunfels' Kelly Koksma captured ■ a first and two seconds at the AAU Tri- m Stets Region track meet at San /Yitonio's B Northaide Track.. I Koksma finished first in the 20&meter ■ dash,docking a 24.83. She posted sec- ■ ondsm both the 100m and 400m races. ■ with times of 12.06 and 56.96 seconds. {§ Al three times were personal bests fa rn tie outstanding runner from NBHS. ■ "The distance between first and second rn was real dose; said her trainer, Pete rn Rftas.Yfe'11 work on dosing that gap." The meet included athletee from Texa Oklahoma, and Louisiana. Kokamt WI OM am in ta AAU NMkyKto In Ortando, Ra., Aug. 5*. Soccer■ Mu* Hkio IKM «youii ms «M-urintfltaHHNitt WflN^ VB SiIV IfSnP IWP The New Braunfels Youth Soccer Club MI hold select tryouts tor the Bus Blitz COMPO* I and ll} aoooer teams at the H€-B Boocar Compton on Saturday, July la Any boy a girt who meets the age raauiremants and to interested in otovina competent level soccer should attend Ste one-day tryout at the appropriate time la theKS^ (jdrthdates Auoust 1,1963-ly 31,1984)end Under 12(bkthdates 1,1962-July 31,1963) boys and I jgftopuid report between 9 am-11a.m. -^■B morning, while the Under 13 * :|Tl961-July31,1962) and Under 1- IWWuly 31,1961) boys ^^fMshouid report between 1 p.m-3 I pm saturday afternoon. M Boys and grit In ha Under 15 (August 1, Wmmmmmmmm under ie 1979-July 31,1960) and in the (August 1,1976duly 31,1979) age groups MI be revtowed between 3 p.m.-5 pm The Under 19 boys and girts Mi be judged between 5 pm end 7 pm Interested players should be registered wHhNBYSC. Forms MI be amiable la those na registered a cen be picked up et Vivroux Sporing Goodland moled to NBY8C Reg*. Wi WDpB NDml. M ptoyn MUd com* tqulppw Wh ■Nnouvdii a Mi and MMT. Than* pogram la coacted by Ed Par-ry el Mi AnaontAOuMliad awarn wa i awtot Pinyon islictlonof pieyers. # I For tofiiof miormatfon, contect ooaoh at (210) 732-3798auctor Garcia at•KST"' New Braunfels American League All-Stars beat Seguin 13-6, capture title By SEAN BURGESS Sports Editor_ Heratd-Zeitung photo by JOHN HUSEH Itew Braunfels American League Ail Star shortstop Andy Schmid stotes safely Into home ahead of a tog from Beguin catcher Shane Stuart to acorn the erat run of the American League All Star's 13-6 victory over Beguin. Schmid reached base on a leadoff double in the first inning and scored on an errant throarby the Seguin rlghtflektor after a single by catcher Chip Adams. Domination. That's the word that best describes the New Braunfels American M^jor League All-Stars after they completed an undefeated District 31 Nath Zone Tournament Friday night with a 13-6 whipping of Seguin. The win vaults NB into a three game series with Yoakum, who also went undefeated in capturing the South Zone tide. The winner of that series will be the District 31 champions and will then move on to the next round in Round Rock. The first game with Yoakum was Saturday night and ran past the Her-ald-Zeitung deadline. Results will be in Tuesday's edition of the Herald. Friday night NB ga a strong pitching performance from Ty Johnson fa the win. Johnson scattered five hits in five-one-third innings, striking out eight and walking six. Bradley George came in to mead the final two outs fa NB. On the offensive end NB came out with big bats in the first two innings scoring IO runs, and then cruised the rest of the way. Shortstop Andy Schmid got it going with a leadoff double to the gap in right-centerfield in the first inning. Two batters later Chip Aduns singled and Schmid came around to score on an errant throw by the right fielder. Then Jarred Fellers walked, Cody Reimer hit a screamer through the shortstop and all the way to the fence to score Adams and Fellers. The next batter, Bradley George, drew a walk, Reimer and George scored the other two runs in the inning. The second inning was more of the same fa NB as Eric Sultemeier doubled, Adams and George singled, Fellers reached on an error and Reimer walked. They would all eventually cone around to touch home plate to give NB a 10-0 lead after two innings. Johnson was dominant early recording perfect innings in the first and second, striking out four in the process. Seguin pushed two runs across in the third, fourth and fifth innings, but the game was never in question. NB added a pair of runs in the fourth inning when Sultemeier ripped a two-RBI double. The hit brewght Clay Coleman, who had walked, and Johnson, who had reached on an error around to score. Lon; J can be a fisherman's nightmare I Mf you're a freshwater^^^^^H fisherman, summer- ["*• A SM time can be one of the worst limes of the year to fish. The long hot days heat up the water so much that fish [* ' become dormant and seek cooter water. Either they head to heavy cover, a they move tenth I into deeper cooter water, aaa----- wailful This ta typical for all spcciet of freshwater game fish during the summer. Locating these fish can be difficult, unless you head to Lake Livingston. * I just returned from a trip fishing in the south end of Livingston. Idling over an underwater ridge located on the southeast side of.. Pine Island, I watched my depth finder fa schools of fish. The weather was atypical fa this time of year. With four foot waves rolling down the Lake, it made it quite wa as we followed the ridge.",*. Then in water from 25-30 feet deep, the electronics drew a huge dark cloud of soiid fish. We dropped a marker buoy on the water and shut the big engine off. The first drop with a one ounce jigging spoon resulted in a nice white bass, about 1-1/4 pounds. Before I'd released this fish, the boat had drifted about 50 yards from the marker. The electronics were still drawing fish. The next drop I hooked another keeper white before the spoon hit the bottom.. • The fish were bunched up in a school over IOO yards long. By now I'd drifted off the area so I cranked up and returned to the marker. Once again I hooked up. Each tune I dropped the heavy metal spoon in the school I felt a solid (hung). Mott of the fish were white bass, but there woe some stripers mixed with them that would go about three pounds. This type of fishing is called spoon jigging and works equally weU in the winter when (Uh locate themselves in deep water. It is highly effective technique that is very easy to learn. Besides having a good heavy action rod and reel you must have a quality depth finder. Ifs good unit is drawing deep water fish you should be able to score big with a little practice. Short quick hops just off the bottom with the spoon usually ga the best results. Most strikes will come while the spoon is falling. For a free Texas Angler bumper sucker, said a self-addressed stamped envelope to The Texas Angia, P.O. Box 310601, New Braunfels, Texas 78131-0601. (Keith Warren is the host of The Texas Angia Television Show, which broadcasts statewide. Catch The Texas Anglo' locally on KMOL at 6:30 am on Saturday, and on Sunday mornings at 11:30 arn ai HSE. Fa more information contact The Texas Angler at (210)625-3474.) Smithson Valley to hold 'Sneak Preview' NB Juniors roll to victories From staff reports Football, volleyball, team tennis, cross country, basketball and soccer players to be recognized From Mf mw* The start will be there. I The cameras will be flashing. I And everyone ii to the Smithson Val-I ley High School Athletic non*- club's "Sneak Pre-view" on Saturday, August 13 at Banga Stadium. Thii will be a day thatBMMi the entire Smithton Valley High School community will enjoy,:" said VivianHgHgf Morales, Booster Clubfe^-;^ president. "Well have fun, foobalL volleyball and a^^^| tot more. An OU hriikn Comunity picnic ii Rawer Sadhus wffl Mow a ll un. A ping. feiM* consisting of a hamburger, cfepa, loft drink and a alice of watermelon can be purchased fa SISO by mf $i by ftTHto— Beginning n Hi30 im, Smithton .Valley athletes fran ill fall and winter aporia will ba ■ Hghachoa football, volleyball, team tetetoi croft country, ttetetoMI and and danse team nwnben, will be tatoo- ga a glimpse of the upcoming football and volleyball seasons, and ga to know the athletes from all of the fall and wtn-icr toots," Mattel laid. "The Booster Club will aponia another 'Mea the athletes' liter this year fa spring sports (baseball, softball, golf, track and individual tennis); Tfeam and individual photographs for football va- IjMikell fun Immm nL icy wi»mm icxbiis* cricer* leaden and dance lean will be taken (hiring the day's activities. Morales alto encouraged all parents to bring their The New Braunfels Junior League All-Stars are an a roll. After falling to the loser's bracket a week ago, the NB team has reeled off three straight victories and has n^f|»pnw(< feOr flPpQPBgi 38-8 Tuewky night Luling was the victim as NB romped to a 16-2 win. The key that night was pitching fa NB SS I >»ling only managed mif hit in the game. Derrick Sassenhagen Josef Antosh and Mark Noble com bined fa the NB gem. On offense NB scored four runs in the first inning. Jason Hunt, Reed Boyd, Erie hovelson and Noble all scored. Boyd and Noble reached on singles and Hovelson was on with a double. In the second inning, NB struck fa four more runs. David Gillis, Boyd, Hovelson ani Noble did the NB added three in the third, two in the fifth and three in the sixth to end the scoring. Wednesday night the NB express moved to Lockhart. There they steamroUed lo a 17-1 win. Lockhart scored in the first inning and was shut down after that. Marie Molina, Gillis, Chs Bartlett and Hovelson combined fa the fantom pitching The offense was becked by a four nm first inning that tow Jonathon Meurin, Boyd, Hovelson and Clifton Fischa cron home plate. They also scored four in the third inning when Boyd, Hunt. Meurin and Hovelson scored Thursday night it was back on the diamond fa NB, this time against San Marcos. NB held off a late San Marcos rally to win the game 5-4. NB heida 5-2 lead going into the bottom of the seventh inning. San Marcos was na going out without a fight, however, as they scored two runs bat couldn't ga by NB. Hovdsan, Sassenhagen and Gillis did the job fa NB on the mound while Noble was behind the plate. Hovelson scored whit woad to# into the game-winning run in fly seventh inning after reaching Ona walk. Meurin picked up the RBL» cameras for a MMMtohte tewptoot "For the first time, we ll be offering advertisements in toots program. Monies said "This win be a good chance to ga a snapshot and purchase a personal ad for your son a daughter." Canyon football camp I about to shift into gear From staff reports hi adonai to program advertising^ ^MMB^HMlub also will he tolling spirit hem#, footfall season tickets art amity pasta and member* This will hi evoyatei chance to steps. Ranger fans also will be able lo vd-urtfwr fa Booster CH1** rooroMfesifofl participants to get a great start on he 1994 season as we!. as begin their <908dMcMgt» « AU participants are to bring something m$mm> BL and drink during the break. Approx • jpraite dress would be shorn, t shirt and ; running shoes.There will be a fee of $20i #1:^ An application and a waiva must be signed by a guardian before in athlete it allowed to participate. The CimP Directa ii Liny Nowa* Head Coach at Canyon High School; ^%^®w®.Make checks to Canyon Cougars Food attention by their own coach. This camp will enable OI baU Camp. HCR 3 Box 6R, 78130. ;
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text:
Judah: animosity among alliesMature
Chapter Three
Word Count: 1,041
There were no demons for at least half a dozen miles in any direction; he could smell the nearest one, located to the north-west, and he began his search in the opposite direction. There were a few humans lurking about the rubble of the abandoned city, but none of any interest to him – that was, save one, but he thought she would soon lose interest and wander off; humans were, after all, closer to children in the eyes of angels. Unreliable, temperamental, irrational; this fact was the sole source of the one flaw that angels had: jealousy.
He stumbled upon a stout building, no more than five stories high, with sturdy stone walls and a solid foundation. Based on the creaking sign and what remained of the lettering, it appeared to be a government building. Judah broke the lock off the back door with a single good tug, and the doors opened on their own. Stepping inside, he did a thorough evaluation of the structure and its fault points. After an hour or so of inspecting, he decided it would do for his current purposes and he went about securing it further.
When dusk settled over the city, he shrugged his leather jacket on over his filthy t-shirt and left. The woman that had begun following him was still tailing him, but he paid her no mind – still suspecting she would lose interest. He made his way into the depths of the city, the seedier, labyrinthine alleyways that spread like cancer from the heart of it. He could smell demons strongly, then; they grew closer with every step he took, but he did not fear his path. If there was to be considered a sign of his emotions toward his path, it would be that he did nothing to shield his presence from their knowledge – he traveled along the sidewalk, stepping into the flickering streetlights without concern for who might be watching. He lit a cigarette as he walked and smiled up at the harvest moon hanging in the wide expanse of dead, black space. So deceptive, the sky was.
He became curious about his stalker when she continued to follow him into the wastelands of the city, but still, he made no move to reveal his knowledge of her.
He came to the base of the tallest building and peered up at it from the doorstep. The widows were broken out and sheltered nothing of the darkened caves of the rooms; predatory birds perched on the rooftop and stared down at him, their beady eyes winking at him in the wavering lights. He put out his cigarette and went inside, climbing the rickety stairs three at a time until he reached the top floor. Just outside of the single in-tact door of the whole building, he stopped and knocked, once.
"Who is it?" The voice from inside was faint, barely a whisper, and feminine. That was unexpected, Judah thought, but not entirely surprising.
He said, "Judah," and the door swung open.
"Thank the Heavens," she said, yanking him inside with her delicate fingers locked around his wrist like a clamp. Her expression was frustrated and frantic; she scanned the hallway in a millisecond before she slammed the door shut. "You're late and you have a tail," she snapped, her pale silver eyes angry and cold.
"Yes," he said, shrugging off his coat and hanging it on the back of a nearby seat. He sat down, crossing one ankle over his knee and his arms over his chest. "I needed a safe house more than a gun, so I found one."
"You had an appointment," she huffed, shaking her head. "Forget about it, Judah; I'm just glad you're here. This place is a war zone. It's nothing like they ever said it would be."
"You must not have been listening hard enough."
She frowned and the expression darkened her eyes to a stormy grey that could match his. She said, "Not all of us were designed to be machines, in case you've overlooked that."
He rolled his shoulders and gave an unconvinced purse of his lips. "You would be equally displeased if you were the machine, Gabriel." He slid a cigarette out of his pack and lit it, ignoring her disapproving scowl.
She said, "You know He hates it when you smoke."
Judah quirked a brow at her and blew a smoke ring into the space between them. His eyes said, do not toy with me, but for a moment, he said nothing; he simply allowed his gaze to linger on the phantom outlines he could see along her shoulder that vanished beneath the worn cotton of her sweater. When understanding crept into her expression, he said, "Thine body is a temple; it is not your own, for it was bought at a great price."
He laughed as she tried to tug her loose collar up over her exposed shoulder, murmuring, "Fair enough," and dropping her eyes. She grabbed a small tablet from the table top between them and her finger gently flipped through a few screens. She said, "Did you have anything in mind or do you just want the standard supplies?"
He smirked, and said, "I had a few ideas."
He lifted the duffle bag straps onto his shoulders easily, one on each side, and accepted a third from Gabriel with his free hands. As she shut the door, she said, "I hope I don't have to see you again, Judah."
He said, "No, I don't think you will be seeing me again." Briefly, as he descended the staircase, he wondered when animosity had developed between the angels themselves; was it simply being on earth? The weight of life and death, the gravity of the physical existence, the stink of slow decay.
Outside, he lit another cigarette and made motions to return to his safe house, but then he paused. Smoke billowing from his nostrils, the weight of the weapons in the duffle bags holding him in place, he shifted his gaze to the woman that had been following him, and he looked at her for the first time.
Before she could react to her fight or flight instincts, he said, "Why have you been following me so insistently?"


text:
BREAKS, Va. – The 66th Annual Tri-State Gospel Sing will be held Labor Day weekend at Breaks Interstate Park. The event is slated for Saturday, September 3-Monday, September 5 at the park amphitheater.
"Our staff is proud to once again be hosting this wonderful event, which draws a terrific crowd and serves to highlight the rich musical and religious heritage of Southwest Virginia and Eastern Kentucky," said Breaks Interstate Park Superintendent Austin Bradley.
Scheduled to perform on Saturday, September 1 are The Jackson Family, Ronnie Spriggs, Salvation Rain, Tammy Jones Robinette, Steppin' Out on Faith, Gospel Grass Trio, The Parsons, Keen Mountain Brothers, Change of Heart, Kevin Wilson Band, Willis Canada, Eddie Street, Master's Harmony, and Strings of Hope, Primitive Quartet, New Harvest Brothers, New Again and The Principles.
On Sunday, September 2, scheduled performers are The Parsons, The Jackson Family, Change of Heart, Kevin Wilson Band, Salvation Rain, Ronnie Spriggs, Keen Mountain Brothers, Gospel Grass Trio, Eddie Street, Strings of Hope, Master's Harmony, Steppin' Out on Faith, Ritchie Rose & Bob Smallwood, Blood Bought Trio, Willis Canada and New Harvest Brothers.
Singers planned for Monday, September 5 are Eddie Street, The Jackson Family, Gospel Grass Trio, The Parsons, Salvation Rain, Ronnie Spriggs, Kevin Wilson Band, Change of Heart and New Again.
Performers may not sing in the order listed.
Morning devotions will begin at 9 am each day. The event will run from 9 a.m.-8 p.m. on Saturday and Sunday and 9 a.m.-4 p.m. on Monday.
Breaks Interstate Park is located on the Kentucky – Virginia border and is accessed State Route 80. Commissioned by the U.S. Congress in 1954, it encompasses more than 4,600 acres and is one of only two interstate parks in the United States. For more information about the park, visit www.BreaksPark.com.


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Warren Gatland's coaching record in big games is second to none but Wales' visit to Twickenham is shaping up as the ultimate test of his tactical ingenuity. The presence of Graham Rowntree and Andy Farrell on last summer's Lions tour has given England a highly detailed insight into Gatland's methods and the home side's hooker, Dylan Hartley, has made clear that two influential Welsh forwards will be specifically targeted from the outset.
Part of Gatland's recurring success is his ability to outwit rivals who reckon they know what is coming but Hartley, who missed out on the Lions tour through suspension, has revealed that Toby Faletau and his opposite number Richard Hibbard top his personal hit-list.
"We obviously look at other teams' talismen [sic] but I prefer to call them targets," said Hartley, who is the most-capped player in England's current team. "You respect them because they give the team a lot of momentum but, if you make them a target, it changes that."
There is a firm belief within England's dressing room that stopping the physical Welsh No8 Faletau will be crucial, as it was with France's Louis Picamoles, Scotland's David Denton and Ireland's Jamie Heaslip. "Every No8 in every team is a big go-forward man. If you see a big man being stopped psychologically that's huge," explained Hartley.
"Hibbard is also very powerful for them. They like to put Jamie Roberts up the middle of the field, then bring Hibbard round the corner on a big strong carry. It's nothing complicated but they do it very well. They're very powerful blokes."
Hartley is equally quick to stress that England cannot just concentrate "mindlessly" on one or two individuals but he clearly feels Wales must not be allowed to make their physicality count as conclusively as they did in Cardiff a year ago when the defending champions romped to a 30-3 victory. While some in England are motivated by revenge, the 27-year-old favours a different psychological approach. "It's quite nice to have the fear of that happening again in the back of your head. That day in Wales was the complete, all-round poor performance and the lesson has been learned. I don't think we've seen anything like that since."
Rowntree, for his part, argues that Hartley is also a reformed character compared with the hot-headed competitor who has previously been singled out for pre-match attention by Gatland. He has worked alongside the latter often enough, however, to warn that England should assume absolutely nothing. For him, the Welsh victory over France and the Lions' third-Test win over Australia in July conclusively proved what Wales' senior players can do when they put their minds to it. "I respect the way they are able to turn that tap on as appropriate," stressed Rowntree.
"They will have something up their sleeves. In the last two years they have had some 'sneaks' which we have just about covered. We'll expect the unexpected on top of their normal physical game. They bring a full armoury of threats not just that 'Warrenball' thing. What does that mean?
"Having worked with these guys they are able to flip their game from power to a very good kicking game to a wide game. They are very well coached and they have threats across the board."
With England's Northampton contingent also now regularly sharing a dressing room with Wales's outstanding winger George North there is, nevertheless, a sense that the English pack feels better equipped now than was the case prior to the Millennium Stadium encounter 12 months ago. "It is well documented how much that hurt me and the forwards but I think we have come a long way since then," continued Rowntree. "You have to use the hurt to drive you on and we have done that. From the autumn to the last game against Ireland our progress has been pleasing."
The next step is to bring the same intensity that Welsh sides under Gatland tend to produce whenever the stakes are raised. "We have had a look at their recent games and I think Warren laid down the law for that France game. I have seen him do that before and I can imagine what it was like. They delivered, didn't they?
"He doesn't say a lot – I think that is one of his greatest strengths – but what he does say, you listen to. He'll be very direct. You could see in their performance against France that he had had a word with them."


text: The Independent's Middle East correspondent, Robert Fisk, argues that western journalists bear a burden of guilt for the misreporting of the region. He cites several instances of the way in which Israeli spin dominates the narrative of Middle East reporting, and therefore give "a fictitious version of events." He writes: "Constant references to a 'fence' instead of a wall, to 'settlements or 'neighborhoods' instead of colonies, their description of the West Bank as "disputed" rather than occupied, has bred a kind of slackness in reporting the Israeli-Palestinian conflict." (Via New America Media)


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Canterbury: The bounds
The History and Topographical Survey of the County of Kent: Volume 11
Christ-church gate, otherwise called the Churchgate, nor from thence ... Christ-church gate, and from the said gate unto the palace of the archbishop, ... otherwise called...View result
An Inventory of the Historical Monuments in Herefordshire, Volume 2, East
of the building are of two storeys. c(4). House, formerly Church Gate House, ... balusters. c(5). Manor Farm, house, 100 yards N.N.W. of the church, ... at the W. end. c(23). Granary at Nash...View result
Townships: Great Bolton
A History of the County of Lancaster: Volume 5
from Little Bolton leads westward by Church Bank, Church Gate, and Deansgate, ... on the south side of Church Gate, near the old market-place: a low two-story ... Richard...View result
Gallow and Brothercross Hundreds: Burnham Overey
An Essay Towards A Topographical History of the County of Norfolk: Volume 7
of Overy-street, alias Church-gate, or East-gate, beginning at the several fishery ... of the lordship of Burnham Westgale, which was in the Crown, and farmed by Godric ... to the Crown; John Watts farmed...View result
Parishes: Aston
A History of the County of Hertford: Volume 3
of Shephall. In 1564 a messuage in Aston, at the church gate, and a cottage ... as a farm-house, but has now been restored and is the residence of the present lord ... with the fireplaces at...View result
Gargrave - Gatenby
A Topographical Dictionary of England
An infant school here is connected with the parish church. Gate ... of land, set out in farms. Garsdale GARSDALE, a chapelry, in the parishView result
Townships: Ormskirk
A History of the County of Lancaster: Volume 3
of the parish church, and when required for use were erected by the church gates ... were farmed for 22 s., nine at 2 s. each, the other at 4 s.; and 6 s. 8 d. ... and Scarisbrick. Thomas Such,...View result
Townships: Warton with Lindeth
A History of the County of Lancaster: Volume 8
According to Lucas the maypole stood in the street near the church gate ... Tewitfield passed to the Middletons of Leighton. 46 The farm so calledView result
Inquisitions Post Mortem, Edward I, File 85
Calendar of Inquisitions Post Mortem: Volume 3, Edward I
at the) church gate when he espoused her, before the enfeoffment aforesaid. ... and 2 bovates of land, put to farm for 24 s. yearly, held of the archbishopView result
Records : The Manor
Register and Records of Holm Cultram
to be repaired; also the 'calsey' called Potpurnall, a church-gate, to be repaired ... to the present farm at Causeway head] with a great ploughe stafe, insomuch that Mr. ... of the Crofton family, but a resident...View result


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Odavad lennud alates IraakKas Te pidasite silmas Lennud sihtkohta Iraak?
Odavad lennud Iraak-sse ainult läbi Bookinghouse.ee! Our sophisticated search system will find the best flight deals from dozens of different airlines, such as Ryanair, WizzAir and many others. Bookinghouse.ee is fast and easy to use. But most importantly, it's completely free!
Below you can see not only the best flight deals from Iraak, but also the most popular flights from Iraak and flights from surrounding cities and countries. Kui Te ei leia sobivaid pakkumisi, kasutage meie otsingusüsteemi (üleval).


text:
King & Co. Construction
Corner Express (O&M Oil Co.)
Small Bites Pediatric Dentist
Union Bank 1
Mullis Insurance
LA Graphics
Mr. Bug
Pines Broadcasting Company
ESA Staffing
Delta Memorial
Gibson & Keith
Commercial Bank
UAM News
UAM Sports
LifeShare No Date
Secure Storage 2
Western Sizzlin'
Frazer's Funeral Home
O'Fallon Vet
Key Employment Inc
Baker's Electrical
NorthSide Baptist Church
The Guest House
Chapman Sheet Metal Heating & A/C
Cash Saver Food Outlet
Head of the Class
Johnson's Showroom Furniture
South Arkansas Business Solutions
Immanuel Baptist Church
Ashley County Medical Center 2
Southern Quality Construction
Due to a slow set-up to for the carnival (due to flooding on their way to Arkansas), we will honor and sell armbands Friday night also.
This means that Thursday, Friday & Saturday nights are all ARMBAND NIGHTS.
Thank you again for your patience. All rides will be up and running, tonight.
Click below to see the names of the winners.
Baby Girl Pageant Winners.
Ansley Gray Walker – Photogenic
Bella Black – People's Choice
Avery Elyse Brown – 2nd Runner Up
Haylee Williams – 1st Runner Up
Emmie Ruth Young – Winner
Baby Boy Pageant Winners.
Cain Thomas Ramsey – 2nd Runner Up – Peoples Choice
Canyon Craig – 1st Runner Up – Photogenic
Remy Cole Clarke – Winner
Toddler Girl Pageant Winners.
Ali Jo Phillipe – 2nd Runner Up
Cheslee Oxner – 1st Runner Up
Caroline Ruth Lane – Photogenic – Peoples Choice – WInner
Toddler Boy Pageant Winners
Aaron Parker Moore – 2nd Runner Up – Peoples Choice
David Caden Shaver – 1st Runner Up
Carson Wood – Photogenic – Winner
Tiny Mis Pageant Winners
Arabella Wood – Photogenic – 2nd Runner Up
Addison Leigh Demier – Peoples Choice – 1st Runner Up
Laikyn Paisley Cantrell – WInner
Little Miss Pageant Winners
Jaci Analeigh Fortenberry – Tie 2nd Runner Up
Paisleigh Grace Thiele – Tie 2nd Runner Up
Alayna Nicole Veasey – 1st Runner Up
Allie Meek – Peoples Choice – Winner
Young Miss Pageant Winners
Paysley Forrest – Peoples Choice – 2nd Runner Up
Samara Seymore – Winner
Pixy Princess Pageant Winners
Kaylee Nicole Thiele – Peoples Choice
McKenzye Faith Hogg – 2nd Runner Up
Skyler Grace Burns – Photogenic 1st Runner Up
Presley Lynn Cantrell – Winner
Siuna Ferrell – 2nd Runner Up
Caroline Jane WIlson -Peoples Choice – 1st Runner Up
Trinity Dawn Graham – Winner – Photogenic
Petite Miss Pageant Winners
Katie Grace Caveness – Peoples Choice – Photogenic – 1st Runer Up
Lexi Jane Boggus – Winner
Mr. Elvin Bates was recently awarded this plaque for being selected as the Drew County Fair Homestead Farm Family of the Year, at the Drew Farm Store. Several members of the fair board were present to congratulate him on the honor.
Mr. Elvin Bates is a 98 year old farmer, bee keeper, sawmill owner, on Old Deane Road. He fought for our country on D-Day. He is likely the oldest veteran in Drew Co., although this has not been confirmed.
This years fair will be held September 17-24.
Memorial Day Weekend races
Mr. Elvin Bates is a 98 year old farmer, bee keeper, sawmill owner, on Old Deane Road. He was asked to serve as County Fair Parade Marshall, representing the "family farmers" of Drew County, Monday, 70 years after he fought for our country on D-Day. He is likely the oldest veteran in Drew Co., although this has not been confirmed.
Caroline Whitlee Adair was recently awarded 2nd runner up in the 2014 State Fair Junior Queen Division during the final round of competition on Saturday evening in Little Rock.
Photo by TaylorJamesDesign.com
Miss Drew County, Anna Norris was one of three selected to advance from Thursday night's prelim to the finals on Saturday night. Students Charlee Carter, Bliss Jaggers, and Alex Jones from Monticello Dance Academy won the Dance Group division and Charlee Carter won the Dance Solo division and will represent the Southeast region of the state at the Arkansas State Fair Finals Youth Talent Show on Saturday.
Listed below are the results of the winnimg floats in the 2013 Drew County Fair Parade.
The parade video is also being posted, overnight.
Saturday night, the annual Drew County Fair "Miss Drew County" pageant was held at the fairgrounds, with Anna Norris was honored as this year's Miss Drew County. Anna also won the interview competition.
Variety – Alex Borchardt–winner
Instrumental Solo – Jessaca Shepherd—winner
Dance Group – Monticello Dance Academy –Tap 3—winner
Dance Solo – Charlee Carter—winner
Over-All Winner
Monticello Dance Academy Tap 3—winner
Charlee Carter—1st place
Shown, left to right: Charlee Carter, Bliss Jaggers, Alex Jones, Jessaca Shepherd and Alex Borchardt
The new Livestock Barn has been completed, and will be in use for this year's fair.
"Country Nights, Carnival Lights" is the theme of the 2013 Drew County Fair & Livestock Show.
This year's fair dates are Sept. 16-21. with the Fair Pageants and talent show scheduled for Sept. 9-14
A Junior Fair Board has been formed and will be assisting with this year's fair.
Remember to start planning your exhibits, now. The County Extension Office can provide information to help you.
Also, make plans to include your business, club, or organization in the Commercial Booth area. Call Brenda Reed at 723-6740 to reserve your booth.
The Drew County fair board is pleased to announce our 2013 Jr. Fair Board. This is our first year for this group and it is showing to be a great decision.
The purpose of the Jr. Fair Board is to increase the support of our youth, and educate them in the operations in community programs, such as the County Fair.
Members of the Drew County Fair Board and the Cooperative Extension Service would like to encourage residents to begin planning for the annual fair, which will be held the third week of September.
"Every year, we have residents tell us that they wish they had thought about entering a craft project, photo or preserved food item in the fair, but didn't get started in time to do so," said Drew County Family and Consumer Sciences Agent, Hazelene McCray. "We just wanted to give everyone a friendly reminder that the fair would be coming up, and to ask them to start thinking about things they would like to enter, whether it be arts and crafts, animals, vegetables – whatever. The fair is more fun when there are lots of entries in all the different categories and more people can earn "bragging rights' about their submissions and have their friends and family come out to view their award-winning works."
The Drew County Fairground's Auditorium is available for rent for Family Reunions, 'Weddings and/or Wedding Receptions,
Special rates are available for Birthday Party for young or old alike!
Rain or Shine — Hot or Cold — Call for Info
Contact Brenda Reed @ 870-723-6740.
Drew County 4-H Poultry Club was well represented at the Arkansas State Fair Poultry show this weekend. The first 3 places in Junior Showmanship Competition went to Drew County students. Pictured are (l to r) Sunni Deb Weaver, 3rd place, Ethan Graves, 2nd place and Bree-anne Lanthrip, 1st place.
Ethan's Black Modern Game pullet was chosen to win Reserve Champion Modern.
Students from Monticello Dance Academy competed in the Arkansas State Fair Youth Talent Show Finals on Saturday night, October 20th. The tap dance group "It Don't Matter" consisting of Charlee Carter, Mary Beth Wigley, Emmalee Satterlee, Alex Jones, Ashlen McRae, and Bliss Jaggers won the dance group division Thursday night at the semi-finals and advanced to Saturday night's finals. At the finals they won the dance group division and $500.
Charlee Carter also competed at the semi-finals on Thursday night with her tap routine to "Pencil Full of Lead" and advanced to the finals. She won the dance solo division at the finals as well as $500.
These girls are under the instruction of Allison Neill and are in their 7th, 8th, and/or 9th year of dance at MDA.
These students from Monticello Dance Academy represented the Drew County and Cleveland County fairs at the Southeast Arkansas District Fair in Pine Bluff this past weekend. They qualified for district by winning overall or 2nd overall at their local county fair's talent show.
They are….. (more…)
R & R Distribution
Bone's Auto Parts
State Farm Mark Gray
Ashley County Medical Center
Farmer's Insurance
Citizen's Bank
Ashley County Medical Center 3
Mitchell Lumber & Hardware Warren
Cass Martin Realty
Malco Theater
Fuller Lawn & Garden
The Woods Monticello
Atlas Foundation Repair
Farm Bureau
Balanced Body Mind Soul
Union Bank 2
Jerry Cruce Stump Grinding
City Drug
Drew Farm / Drew Outdoor & Casual Wear
The Computer Guys
Monticello Tire (Goodyear)
Razorback Body Shop
A.J. Huffman
Mt. Tabor
Ray Ryburn Real Estate
Monticello Animal Clinic
Monticello Realty
Greenscape Nursery
Prescription Pad Pharmacy
Bradley County Medical Center
Wing Tip Gear Dumas, AR
Advertise With Monticello Live
Lucky's Of Monticello
War Eagle Boats
Mitchell Lumber & Hardware Warren


text:
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text:
Killer whale predation on marine mammals at Punta Norte, Argentina; food sharing, provisioning and foraging strategy
- Received:
- Accepted:
- Cite this article as:
- Hoelzel, A.R. Behav Ecol Sociobiol (1991) 29: 197. doi:10.1007/BF00166401
- Citations
- 638 Downloads
The social dynamics of killer whales (Orcinus orca) that hunt marine mammals are apparently highly flexible, though strong individual associations do exist. The killer whales at Punta Norte offer an unusually detailed view of association patterns and foraging behaviour, and suggest a pattern of behaviour that optimizes hunting efficiency with exception only to strong associations between some individuals and the provisioning and training of offspring. The main points from this paper are as follows: First, hunting effort was concentrated where the capture rate was greatest. All pods selectively attacked the prey type for which they had the highest capture rate. The amount of southern sea lion prey captured was approximately equal to the estimated minimum energetic requirement for killer whales based on weight. Secondly, one whale in each pod did the majority of the hunting, and then provisioned the others in the pod. It was clear on numerous occasions that food was shared. A review of reported incidences of killer wales taking marine mammal prey suggests that it is common for a subset of the individuals in a pod to hunt. These results are discussed in the context of the evolution of foraging behaviour.


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I must have been out for mere minutes because when i awoke i was still stuck upsidedown in Alex's car unable to move. I looked over at Alex who had gone very pale and was unconcious - she had taken a serious beating, blood covered her. I looked down trying to release my leg from where it had become trapped. My leg was covered in blood and i could feel blood coming from my head when i had hit it.
I started to panic, and i tried to yell but i couldnt make much noise. Shards of broken glass covered both Alex and me and found a piece was jammed firmly into my trapped leg another in my hand - ouch. I cried out in pain as i tried to pull the glass from my hand but it was no use.
Then someone appeared by the broken passengers window - It was Eric, his words were soothing to me as he said, "I have called an ambuluance, its on its way." I let out an sob as eric reached his hand into the car and stroked the hand nearest him with his thumb. "It will be okay, i promise you." He was incredibly calm, dispite the situation and kept constantly reasurring me.
"Alex, is she okay?" I sobbed, i didnt care about whether I was okay I was more worried about Alex. Eric walked around the car to where Alex was and placed two fingers on her neck. "Shes alive but her pulse is weak, I am sure she will be fine" he said before walking around the car to where I was.
After what seemed an age the ambulance came, closely followed by the fire brigade. A fire fighter named George kneeled down by the car and said calmly "Right now sweetheart, whats your name?" "Pippa" I sobbed - the pain was excruciating. "Okay, Pippa we are going to have to cut you out your leg is firmly trapped - we can get your friend out but your just going to have to wait a little bit longer okay?" I nodded. George then turned to Eric and said "are you alright to stay with her until we are able to get her out?" Eric nodded and then George passed me an oxygen mask, "Just breath as deeply as you can Pippa ... thats good ... Just like that."
The firemen managed to get Alex safely out the car and then preceded to cut my leg free, I concentrated hard on breathing as deeply as a could to try and ignore the agony that I was in - squeezing Erics hand as I did so.
When I was finally pulled out of the car, I was put onto a stretchure and placed into the ambulance, Alex was still out cold and if I hadn't seen her chest moving ever so slightly up and down i would have been sure that she was dead.
We reached the hospital very quickly, Eric had followed in the car and when we arrived Alex was rushed straight to ITU and i was taken to x-ray so that the doctors could see what was broken.
The x-rays showed me to have two broken ribs and a broken leg, stiches were needed for where the glass had been pulled from my leg and hand then I was taken onto a normal ward for recovery. "How is Alex?" I asked the nurse who has just supplied me with painkillers. "You just concentrate on getting yourself better, I cannot tell you anymore." I looked annoyingly at her and she added in "You both had a lucky escape and your in for a long stretch here, you ribs and leg need time to mend." she walked away before i could reply.
I took the pain killers and sat in the bed, bored out of my skull, Eric had gone home after he had made sure I was okay - giving me a kiss on the head before departing. After about a hour of doing nothing but staring and the cream wall, and trying to sleep just so i wasn't bored Nessie ran in.
She grabbed me and pulled me tightly into a hug
"Ow, that hurts."
"Sorry" she said pulling away, her eyes were red and she had obviously been crying and she looked relieved to see that i was okay.
"Don't worry" i said smiling at her warmly
"Have they told you anything about Alex? It's driving me crazy not knowing. The doctors keep telling me I should concentrate on getting better which must mean she's pretty bad." I asked her.
She frowned at me, "I don't know, they haven't told me anything either. But she has to get better. She has to." Tears has swelled up in her eyes and she sank to the floor. "I was so worried when I heard Alex's scared voice over the phone and then nothing, then i find out that you both have been in a car accident, you look in bad shape, much damage?" she asked wiping her eyes.
"Two broken ribs and a broken leg and i have had a whole lot of stitches. "Oh Pippa" she sobbed "I am glad that your okay.
I yawned - couldnt help it but then I crunched up my body as pain flooded through me - my chest ached and I couldnt breathe. My vision blurred into darkness but i was still dimly aware are Nessie's shouts of "Pippa, Pippa, No" dimly aware of a bleeping noise that filled my ears. I could feel my bed moving and people, probably doctors shouting things. Every sound merged together in one big din, i still couldn't see anything.
Everything was noisy.
Everything was silent.


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Download Time Stopper 1.0 Full Version
A new version of Time Stopper (1.0) is available now. Click here to download the latest version. This update v1.0 is optional and here's what you'll find in the new version of the mobile app Time Stopper:
What's new in Time Stopper 1.0
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