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Kaspersky Lab has published the results of its more-than-year-long investigation into the activity of Lazarus – a notorious hacking group allegedly responsible for the theft of 81 million dollars from the Central Bank of Bangladesh in 2016.
The story of Thakral One's Microsoft business in the Philippines is one of exemplary partnership. The company's Philippine operations date back to 1997 when Thakral One entered the market with IT support services. Partnerships for hardware distribution with global firms including IBM, HP, Lenovo and Microsoft followed.Continue reading …
WASHINGTON (AFP) – India, Bangladesh and the Philippines lead the world in the number of products made by child workers, a US government stock-taking of the global scale of under-aged labor revealed Monday. Some 130 types of goods – from building bricks and soccer balls to pornography and rare ores used in cellphones – involve […]Continue reading …


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By Maurizio Calconi, Toronto Consumer Goods & Retail Recruiter
While it doesn't happen every day, sometimes things line up perfectly in recruiting. The perfect candidate for the role is identified and the hiring company is smitten. They think the candidate could be the future of the company. They love everything about the candidate to the point where the hiring process almost becomes a formality.
There is perhaps no greater feeling for a candidate when they are told they are the perfect candidate for a role and the job was basically theirs to lose. All they needed to do was go through the rest of the hiring process and go to a final meeting with senior management.
However, just because the job is yours to lose doesn't mean it cannot be lost. It's never in the bag until you sign the employment contract; and even then, things can go wrong. Too many candidates, believing they are the perfect candidate, let down their guard a bit, get a little cocky and even greedy.
In this particular case, the candidate went into the meeting with senior management and believing they were the perfect candidate and future of the company, decided to take the opportunity to ask for a higher title. They were up for a general manager role and decide to request a president title.
What happened? The candidate completely misread the situation. They had the wrong attitude and rubbed the leadership team the wrong way. The company decided to go with another person, and the candidate was devastated.
You are always being interviewed. A hiring company and recruiters are always assessing you at every step of the process. You can never assume the company will hire you 100% until you sign the contract.
Even though you may be the top candidate, be humble about it. Don't try to take advantage of the situation to get more. Have some humility.
You need to take a step back and assess the situation. Understand all the factors in play and how you are perceived by the hiring company so you don't misread the situation. You may be the best candidate, but you also need to understand the deal breakers and what the company truly values when hiring.
In the next blog post, we'll take a look at a similar situation from the client side and discuss why, even from a company perspective, it's never 100% in the bag until the candidate signs on the dotted line.
IQ PARTNERS is an Executive Search & Recruitment firm supporting clients across the country. We help companies hire better, hire less & retain more. We have specialist teams of recruiters in Financial Services & Insurance, Marketing Communications & Media, Emerging Tech & Telecom, Consumer Goods & Retail, B2B & Industrial, Technology, Accounting & Finance, and HR & Operations. IQ PARTNERS has its head office in Toronto and operates internationally via Aravati Global Search Network. Click here to view current job openings and to register with us.
As a Partner at IQ PARTNERS, Maurizio is senior generalist with extensive experience in management to executive level searches across a range of industries. Typical searches have included roles in Strategy & Operations, Digital Strategy, and International searches, primarily at the mid-management to executive level. Maurizio's true passion is working on difficult, broad searches, and finding those "needle in a haystack" specialized candidates.


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Josh Thompson Shares Details of His New Deal and Upcoming Projects
Josh Thompson is taking control of his own musical destiny with a new deal and two upcoming projects.
The 37-year-old Wisconsin native released his debut album, Way Out Here, in 2010 via Columbia Records, scoring a hit with "Beer on the Table." In 2011 he transferred to RCA Nashville as part of a corporate re-structuring, where he released two singles, "Comin' Around" and "Change." Thompson parted ways with the label before releasing an album, and went on to release Turn It Up under a new deal with Show Dog-Universal in 2014.
Thompson has just signed a new deal with ole Digital, the world's fastest-growing independent rights company, covering digital distribution rights. The company also holds the publishing rights to Thompson's catalog via its 2013 acquisition of Better Angels Music Publishing Group, and longtime fans will finally get to hear Thompson's "lost album" from his stint at RCA as part of the deal, which includes digital rights to live and video content and will probably result in another, yet-to-be-determined studio project down the line.
Taste of Country caught up with Josh Thompson to talk about the long road to releasing his latest songs, the complicated tangle of the music business, what the future holds and more in the following in-depth interview.
Taste of Country: How did this new deal with ole come about?
Josh Thompson: The release of this has been three or four years in the making. This was a record that I cut on Sony in probably 2011, maybe. I'm not exactly sure. The first single off the record was a song called "Comin' Around," but the record never came out, and we ended up going our separate ways. But I left with the record, and I always had the intention of releasing this record as two EPs at some point in my life.
So after leaving there, I went to Show Dog-Universal, and I wanted to start fresh and just kinda put this record on the back burner. So that's what I did, and we released Turn It Up. And now it's the perfect time in my life to go ahead and release it and do a digital campaign and start putting these songs in the set, and get this record out finally.
"Somebody called it 'the lost record' years ago, and that just kinda stuck."
This is coming out as two EPs. What are the titles and timetables for those?
Timetables, I'm not sure. I know one is September. Two is gonna be basically whenever we want [Laughs]. So that's kinda cool. It's whatever we want to do. The titles — because the record was called Change, the titles are gonna be Change: The Lost Record, Volumes 1 and 2. I called it "the lost record" because over the years, I've had fans ask me, "Where's that record, is that record ever gonna come out that's got 'Comin' Around' and 'Change' on it?" And somebody called it "the lost record" years ago, and that just kinda stuck.
It's not often an artist gets an opportunity to go back and re-visit a project that's been shelved. Usually they're really lost, forever.
Yeah. Usually, I would say 98 percent of the time, if something doesn't come out and it gets shelved, that's it. It sits there. So yeah, we've been really fortunate to be able to take it, own it and just release it ourselves. Everybody's deal is different, but we were just fortunate enough to be able to walk out with it, and free and clear on the rights, so we're excited about that. That was a great feeling in itself. We always knew that we were gonna release it, we just didn't know when. We just let it happen whenever it was the right time.
This deal is for digital rights only, is that correct? Does that mean there won't be any physical product at all?
We're going to print some physical copies for shows. You may be able to get them online, we're still not quite certain about that. But there will be physical copies at shows.
What's the thought process behind two EPs, instead of simply saying, "Here's the lost album"?
I think it's going that way in the music industry, because you can put out an EP every four months, instead of one record a year, and it's easier to digest four, five, six songs. It kinda keeps me — creatively, instead of just concentrating on one record and getting it out, you're just cutting these EPs and putting them out. I think this will buy me some time, now that this EP is coming out. By the time the next one comes out I'll have a clear sight on what the next record or EP is gonna be, and we'll start working on that.
"We always knew that we were gonna release it, we just didn't know when. We just let it happen whenever it was the right time."
Is this deal going to apply to subsequent albums, or are you still under a deal with Show Dog?
No, it's just us. There's no binding contracts, no deals, so again, it's just the perfect opportunity to get this out.
That kind of seems like the future for a lot of artists, if they have a guaranteed audience — try to own as much as you can, manage expenses and go to the marketplace yourself, without a giant company to answer to and take a giant bite out of your profits.
Yeah, I think we can certainly do everything that major companies do. Maybe on a smaller scale, but still, you're in control of where you go, where you're playing. You know where your fan base is, you know what you can do release-wise and music-wise, and you know who's gonna dig it, so you can just concentrate on that. It just makes your target a lot easier to see. You don't have to waste time trying to throw a dart at the wall and see if this sticks or that sticks. You have a very firm direction.
How does that change the radio game for you?
It will definitely make radio more difficult. There are aspects to labels and promotion teams that really are a factor, and it does make the radio game attainable. We're not really gonna focus on that. We're just focusing on getting the music out, and putting it in the live show and seeing how that goes. We're gonna figure it out as we go, but for right now we're really just worried about putting the music out.
Was this always in the back of your mind, when you were under the dictates of various label deals, that one day I'd like to try to do this myself?
This was always in the back of my mind, especially after getting this record. I knew from the time that it didn't come out that one day, at some point in time the stars are gonna align and we're gonna go ahead and put this out, and be free of any binding contractual obligations at all, and just see where it goes and have fun with it.
What can you tell us about the music on these two EPs — how does it compare to what you've released previously, what's different about it and what might fans expect?
"There were four years between two records that I was making music, but most people didn't hear it."
This would be bridging the gap between Way Out Here and Turn It Up. It was more rootsy, sonically and production-wise. The songs are lyrically equivalent to Way Out Here, but had a little more — not so much party, a little more reflective, looking back at where you've been, where you're going, and just loving who you are right now. So it's definitely a gap to bridge between the two records, that nobody got to hear. So I'm excited to be able to fill in the blank, because there were four years between two records that I was making music, but most people didn't hear it.
Let's talk about the up and down sides to the digital realm. It empowers artists to take a lot more control, like you're doing; it also empowers people to steal that music a lot more readily. Did you take that into account before making this decision, and how do you try to get around that kind of thing?
Yeah, I took it into account. But it really doesn't matter if you're with a label or doing it yourself, or just playing some corner bar every Friday night. It's gonna make its way to the internet, and people are gonna be able to take it. If I stop to think about how to stop that, I'd never sleep at night. [Laughs]. So we're just gonna put it out, and if people like it, they'll buy it, and we're gonna be playing the songs at shows and kind of adding a new flavor to the live set. It is what it is, so we're gonna roll with it.
What's your position on streaming? There's been so much debate about whether it's more beneficial, or has a bigger downside. Where do you stand in that debate?
It's hard. I do know from a songwriting standpoint, and I hear arguments on both sides of the fence, they're correct … the money is, they should be getting paid a lot more money. They're getting millions of views, plays, spins if you will, for pennies, but the upside of it is, you're getting an audience that you never would be getting. These streaming services, you're playing your favorite artist, and all of a sudden you're on somebody's page, and they've never heard you before. So it's a way to gain new fans, get your music out there and hopefully that will lead to, when you're in the area and somebody heard you on a streaming site, hopefully they'll buy a ticket and come on out to a show.
The press release about this deal states that it covers digital rights for video, master and live recordings. Does that mean that at some point there will be some live and video content as part of this deal?
I think so. We've done a few things in the past. I do know that there was one show that we recorded for the purpose of a live DVD, so what facet of that is gonna come out, I'm still not sure yet. But I'm almost positive that it's gonna come out in some aspect at some point in time.
Once these two EPs have emerged and run their course, do you have anything in mind as far as another project after that? Or have you thought that far ahead?
I've definitely thought that far ahead, and already started kinda putting more thought into it and putting some songs aside. I'm not exactly one hundred percent certain what I'm going to do, but I do think I'll make another record, and I'm hoping to get started on it probably some time around the first of the year in 2016.
Biggest Stories of 2015 (So Far)


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Hotel Bolivar Apartment Copacabana Rio de Janeiro, Bolivar Apartment Copacabana is a charming self-catered apartment located only 4 blocks from Copacabana´s sand. It has a 24-hour reception and Wi-Fi is free. The comfortable and air-conditioned apartment features a living room with a sofa-bed, a dining table and a large flat-screen cable TV. The spacious bedroom has a TV. A fully equipped kitchen is also available, 同様に専用バスルームなど. サントスデュモン空港とノボリオバスステーションです。 11 ㎞. マラカナスタジアムは、 12 km from the property and Sugar Loaf attraction can be reached within 5,7 キロ. Corcovado attraction is 13 ㎞. (Hotel Bolivar Apartment Copacabana Rio de Janeiro hotels 予約).


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Event Archive - Lions In The Street, The Poolhall Gospel, Like A Martyr
Fri. May 1st 2009 @ Railway Club (No Minors)
ReviewsNo articles have been linked to this profile
Lions In The Street (rock'n'roll)
"What the Stones were, what the Dandy Warhols should've been." --Magnet Magazine When you get kicked in the balls, you have two choices: double over and cry, or force a lying smile and tell the motherfucker, "You missed". After a rough experience with a ... more info
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Did you know … just registering your child for Free School Meals means that the school gets extra money?
Register now to make sure we don't miss out
The Government is giving money to schools to help children from lower income families do their very best. This funding is called a 'Pupil Premium'.
How does it work?
1. First, check if you qualify – it is not just if you are unemployed, so please look at the list below.
2. Registering is really quick and easy – if you think you qualify, contact Mrs Grunbaum at the school's reception who will help you to register.
3. If you want your child to have a free, healthy meal at lunchtime that's great – they will get the free meal (saving you more than £350 a year), extra benefits and the school gets extra funding.
4. If you don't want your child to have the school meals they can continue as normal – as long as you qualify and are registered, the school still gets the extra funding.
No one will know you have registered and it will not affect any other benefits you are claiming.
Do you qualify?
You may qualify for Free School Meals if you get any of these:
• Income Support
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• Universal Credit
Children who get any of the above benefits in their own right (ie they get benefits payments directly, instead of through a parent or guardian) can also get free school meals.
Click here to download a Free School Meals application form…


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You have your own private bedroom, bathroom and walk-in closet. New construction, centrally located, 10 min to Downtown, beaches, Fashion Valley Mall, museums, restaurants, USD and nightlife.
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You have your own very private bedroom, bathroom and walk-in closet. New construction, centrally located, 10 min to Downtown, beaches, Fashion Valley Mall, museums, restaurants, USD and nightlife. Public transit is available.
Hard-wood floors, private bathroom, full kitchen w/ granite counter tops & stainless appliances, flat screen TV, Wi-Fi, computer station w/ printer, washer & dryer, central air & heat, private backyard w/ grill, ideal to enjoy SeaWorld fireworks nigtly, from Memorial to Labor Day.
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I am around most days to check on the house. I can be reached via text almost 24/7. You can interact with others as much or little as you wish
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California is experiencing a drought. We are actively saving water in all areas. There are no drain plugs in the bathtubs, no baths. Please take smart showers conserving as much as possible.
Front door:
To open – Pull handle down, open, close door put handle back to horizontal
To Lock – Once door is closed push handle up from horizontal to engage mechanism return the handle to horizontal and then turn the key (outside) or knob (inside).
Kindly leave your shoes at the door.
Please be courteous and respectful.
No smoking in the house, no pets.
Laundry between 10a and 10p.
Please don't water the plants.
Don't eat food that isn't yours
Don't drink beverages that aren't yours.
Easy, free street parking
Please squeegee the glass shower doors every use.
Please clean-up after yourself, daily and keep personal items in your room.
39 commentaires
Cet hôte a 123 commentaires pour d'autres propriétés.Voir d'autres commentaires
I'm clean, conscious, respectful and have references :)
(R. Regan - Trust but verify) :)
If I'm not working, practicing guitar, connecting with my friends & family or exercising, I'm traveling.


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- Gary M. Burlin & Co: Dauber w/Storage Box, 7.25 x 4.25 in
Gary M. Burlin & Co: Dauber w/Storage Box, 7.25 x 4.25 in
Product ID: GBDB
This Gary M. Burlin & Co dauber with a storage box is perfect for storing your reusable dauber sponges. The box comes with one dauber sponge to display how it is used. After you are done using the sponge you can place it inside of the box to store till your next painting project.
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1 day of private guide in Alexandria
Alexandria is a wonderful, mediterranean town at the Mediterranean Sea with the biggest harbour of Egypt. It has 4.5 million inhabitants and a historically significant past.
During the entire greek romanian time Alexandria was the capital of Egypt and was behind Rome on the second rank. The Kings and the Roman emperors had a big interest in Alexandria, so that it became the nicest town generally at the Mediterranean Sea.
The old library made the town an important cultural centre, it had stored about 700,000 manuscripts and papyrus scrolls. Many writers, philosophers and scientists visited Alexandria and the library and have learnt a lot.
Unfortunately, there is not much left from this fame. But Alexandria is still worth a trip. The Mediterranean atmosphere of this town is so different than the rest of Egypt and one has the feeling to dive in another world. If you come from Cairo, the contrast strikes you is even stronger, cultivated streets with central gardens, a less full townscape and at last the Corniche, the 16-km-long seafront along the sea, let you draw a deep breath in Alexandria.
From the Fort Qait Bay you have a miraculous view over the sea to the town. There stood once the famous lighthouse of Pharos, it was one of the Seven Wonders of the World, however, it was destroyed by several earthquakes. The catacombs with about 300 graves struck in the rock which indicates the fusion between Old-Egyptian and Greek-Roman art are also worth seeing.
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The benefits of your sightseeing in Alexandria:
-1 day private tour guide in Alexandria
-Entrance fee and sightseeing of the catacombs
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-Entrance fee and sightseeing of the new library
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Prices for 1 day tour guide in Alexandria:
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The city guide in Alexandria can take your special wishes into account.
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After booking we kindly ask for a deposit payment of 10%, which you get back in case of a cancellation.
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Saturday, February 2, 2013
Groundhogs Day :: Lacto-Fermented Vegetables
4 comments:
- Debbie said...
i am not a good waiter....love the message on your tea, i use lipton, they don't provide a cool message!!
i would enjoy that!!
- Sunday, February 03, 2013
- Lynnie S said...
We made sauerkraut a while ago, you will LOVE it! We kept ours in the crock until it was all gone. So for months, it was "lived" in the crock submerged under the water until we scooped some out. I think you need to take the plastic and glass lid off of the crock though. Just cover it with a large tea cloth. The cultures need to breath. You might use a small dinner plate to put on top of the kraut to submerge it below the water. You don't want any cabbage above the water, it will mold. Anyway, just a few tidbits that we learned when we made our first!
- Sunday, February 03, 2013
- Ellie said...
I am sorry you are struggling with your parent's anniversary date.
What a great note your teabag. Sometimes we need wee messages like this.
I hope tomorrow is better for you :))
- Monday, February 04, 2013
- Gone Country said...
Somehow I missed this post...
I hope you're emotionally doing better by now. I know it will be hard for many years to come but I pray God will give you peace.
This looks totally like something I would love to try. We love kraut! Like you, though, I think I will have trouble waiting. I'll have to put it somewhere where I won't see it everyday. Maybe in the cargo trailer.
I hope you like you're new crock. It looks nice. How big is it and how much will it hold?
- Wednesday, February 06, 2013


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117 E Oklahoma, Guthrie, OK 73044
Toll Free: 800-669-6174 Local: 405-282-2730Email Us
- 117 E Oklahoma, Guthrie, OK 73044
The FTD® Shared Memories™ BouquetS47-4552
The FTD® Shared Memories™ Bouquet is a sweet and blushing remembrance of the life and love of the deceased. White roses, pink Asiatic lilies, burgundy carnations, fuchsia mini carnations, white spider chrysanthemums, Queen Anne's Lace and a variety of lush greens are gracefully arranged in a clear glass cube to create an elegant and sophisticated way to pay tribute to a loved one you will never forget.
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The Grinch (movie)
Comments on: "The Grinch (movie)" (15)
The Grinch is one of my favourite christmas movies. I love the Grinches attitude and how he brings so much laughter to the audience. This movie has a lot of touching moments that occur in the movie which is the same with the book. I love Dr Seuss and how his books have a lot of meaning. I love how the movie is the same as the book and I love how the movie is so colourful and bright.
The Grinch is a weird movie based around the Grinch who stole christmas of whoville. It is a movie of everyone's child hood and is out of this world. This movi was filmed 13 years ago in the year 2000. I would rate this movie a 10/10 because it is brilliant and sweet and everyone should watch this if they haven't yet.
OH, the grinch if you did not watch this as a child you are crazy altho i was scared of the grinch but anyway now the grinch is not your classic christmas move its way more crazy, exciting an down right amazing !must see!
The Grinch is one of my all time favourite movies! When i was younger I watched it every every Christmas morning after I opened my presents. I love the whole movie from beginning to end. Even though Im older now and shouldn't probably be watching kids movies anymore, it's stil fun to watch. In fact… just recently I had a dress up party and I went as Cindy Lou Who! She's so cute! I definitely recommend it to anyone that hasn't seen it and I think it's a great movie for the whole family, young or old.
This movie is exactly decribed as to ho it was reffered to hwne I clicked on it: "Out of this world". It was literally my childhood movie and there's no other Chirstmas movie that I enjoy watching on a Christmas Eve than The Grinch. It's a movie suitable for a family to watch because it's funny for everybody. I reccomend everybody watches this movie if you have not done so already. I rate it a 11/10. 🙂 Thank you
I absoloutly love the Grinch, it is one of my favoroute movies of all time, I watch it nearly every christmas because it is such a funny movie to watch. My favoroute character is the grinch because he is so funny and says the funniest things, I also love his dog max :P. My favoroute part of the movie was when the grinch grew a heart.My least favoroute part was when the whos in his class laughed at him for making the angel as a christmas present for Martha May, it was so mean and sad!. I would recommend this movie for anyone, all ages as it is a movie that everyone would enjoy and you will not be able to take your eyes away from the screen!. 😀
I really enjoyed the movie The Grinch because I found it very funny! My favourite bit of the movie was when the grinch had to dress up for his cheermister award. I liked this bit because It was so funny! My favourite charcter in the movie was definitely the grinch. I recommed this movie to all ages. I think everyone in the family would enjoy this. I give this movie a 9.5/10! 🙂
i love this movie it is really good! even that it a made a long tima ago (12 years) it's still raelly good! i rate it an 7/10:)
i have watched and loved this movie since i was really little. if you haven't seen this movie its never to late to.I really liked the movie because it's a comedy for the whole family to watch the cutest character in the movie is of course little Cindy loo. My favourite bit of the movie would have have to be when the grinch goes into his cave and has to dress up for the Christmas Cheermiester award. this is a very silly but funny movie i would recommend it to everyone, mostly 4-10 year olds but everyone can enjoy it. this movie is great i rate it 8/10 🙂 🙂
I love the Grinch 😛 It's a really funny and a great movie to watch at christmas with the whole family. :)My favourite character is the Grinch because he is funny and does weird things, such as eating glass! I don't really have a favourite part of the movie because the whole thing is just hilarious and so entertaining! This movie has a really strong message and a great story line. I also love how Cindy-Loo see's the good in the grinch,and try's to help him love christmas again! Cindy Loo is just such a strong little girl and tells everyone in the Village that the Grinch is not as bad as he sounds! And at the end the Grinch is loved by everyone because they see the good in him. I would recommend this movie for anyone because it is really good:)rate 10/10
OMG!!i have not seen this movie in ages it's a funny kids movie and i love it to my heart i used to watch this all the time when i was little and now i want to watch it again.
my favourite part of the movie is when there there in the mail place with all the presents getting packed and then she finds the grinch.
I think all kids should watch the grinch it is a great movie you'll always want to see it again and again and the adults will love it to so it is a great family movie.
I think this movie is one of the best movie alive and another favourite part of the movie that i like is at the end!!!
This is one of my favourite movies, and definitely my favourite Christmas movie! Jim Carrey's acting is amazing and Taylor Momsen's (Gossip Girl's Jenny Humphrey) cuteness will take your breath away. If you want to get in the season of Christmas, this is the best movie! The music is great and has the cutest dog in the world playing Max!!! I recommend this for all people, young and old! If you love funny Christmas movies like The Santa Claus 1, 2 or 3, then this is perfect for you! I rate this movie five our of five because of its humour, acting and lovely storyline.
this was such a great movie, awesome comedy and i would recommend this movie to anyone or any family; it is such a good movie just to sit down and watch it with your family. The whole family will have a laugh and just love it.
My favourite character was probably the grinch, he was so grumpy about christmas but then he just changed later on in the movie, i loved this movie so much and would really recommend it to anyone!


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Quilt's In The Garden Block to share
Happy 30th Anniversary! & Stitching
33 minutes ago
I love your little quilt it looks like it was a lot of work.
I absolutely love the way you turned your little quilt on the fence.
Very cute. I do like the way your mini quilt is hanging on the fence.
Those are some teeny pieces in that quilt. Lovely work!


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Editors' Note: Clicking on the Download Now (Visit Site) button above will open a connection to a third-party site. Download.com cannot completely ensure the security of the software hosted on third-party sites.
Sponsored Products
|Utilities & Operating Systems
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Publisher's Description+
Acronis Snap Deploy 3 for PCs is a comprehensive deployment solution that enables IT organizations deploy or restore laptops and desktops quickly and easily. Note that this version of the product does not support server operating systems.Using Acronis' award-winning disk imaging technology, Acronis Snap Deploy creates an exact disk image of the standard configuration, including the operating system, configuration files and all applications. It then deploys that image to multiple systems simultaneously, making it ideal for rapid bare-metal installations. Version 3 includes unspecified updates.


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Several years ago my hubby was doing the majority of the cooking & we ate salads almost every weeknight. It was fantastic. Next thing I'd lost eight kilos. Hang-on, quick calculation here…okay, 17 pounds. Looking back now it seemed so effortless (largely in part due to the fact I didn't have to cook). Fast forward to… [Read More]
beet, orange & fennel salad
spicy avocado hummus
How was everyone's weekend? We shot another cooking video, I'll upload tomorrow to my YouTube channel. That was lots of fun work. Then it all went downhill afterwards as my poor hairless baby, Mango got sick in the evening, bleeding profusely from her nose. This has been an ongoing issue. An emergency dash to the… [Read More]


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EX-10.5 6 fy2014q1exhibit105.htm EXHIBIT 10.5
Exhibit 10.5
THIS AMENDED AND RESTATED AGREEMENT ("Agreement"), is made and entered as of the ___ day of ____________ (the "Execution Date") by and between Allegheny Technologies Incorporated, a Delaware corporation (hereinafter referred to as the "Company"), and [Name] (the "Executive").
WHEREAS, the Board of Directors of the Company (the "Board") has approved the Company's entering into this agreement providing for certain severance protection for the Executive following a Change in Control (as hereinafter defined);
WHEREAS, the Board believes that, should the possibility of a Change in Control arise, it is imperative that the Company be able to receive and rely upon the Executive's advice, if requested, as to the best interests of the Company and its stockholders without concern that the Executive might be distracted by the personal uncertainties and risks created by the possibility of a Change in Control; and
WHEREAS, the Company changed the form and structure of certain long term incentive plans and the parties intend for this Amendment and Restatement to deal with those changes and to supersede in its entirety the Change in Control Agreement between the parties previously in effect.
NOW, THEREFORE, to assure the Company that it will have the continued dedication of the Executive and the availability of Executive's advice and counsel notwithstanding the possibility, threat, or occurrence of a Change in Control, and to induce the Executive to remain in the employ of the Company, and for good and valuable consideration, including, but not limited to for this Amendment and Restatement, revisions to reflect recent changes in the Company's compensation programs, and the mutual covenants set forth herein, the Company and the Executive, intending to be legally bound, agree as follows:
Article I
1.1 Definitions. Whenever used in this Agreement, the following terms shall have the meanings set forth below when the initial letter of the word or abbreviation is capitalized:
(a)"Accrued Obligations" means, as of the Effective Date of Termination, the sum of (i) the Executive's Base Compensation through and including the Effective Date of Termination, (ii) the amount of any bonus, incentive compensation, deferred compensation and other cash compensation accrued by the Executive as of the Effective Date of Termination under the terms of any such arrangement and not then paid, including, but not limited to, AIP accrued but not paid for a year ending prior to the year in which occurs the Effective Date of Termination, (iii) unused vacation time monetized at the then rate of Base Compensation, (iv) expense reimbursements or other cash entitlements and (v) amounts accrued, including but not limited to, amounts accrued as a result of the application of Section 2.2(i), under any qualified, non-qualified or supplemental employee benefit plan, payroll practice, policy or perquisite.
(b)"AIP" means the Company's Annual Incentive Plan as it exists on the date hereof and as it may be amended, supplemented or modified from time to time or any successor annual bonus plan.
(c)"Base Compensation" shall mean the sum of (i) the highest annual rate of base salary of the Executive as in effect within two (2) years prior to (A) the Effective Date of the Termination or (B) the date of the Change in Control and (ii) the greater of (A) the amount that would be paid under the AIP for target performance in the calendar year that a Change in Control occurs or (B) the actual AIP payment for the year immediately preceding the Change in Control.
(d)"Beneficiary" shall mean the persons or entities designated or deemed designated by the Executive pursuant to Section 7.2 herein.
(e)"Board" shall mean the Board of Directors of the Company.
(f)For purposes hereof, the term "Cause" shall mean the Executive's conviction of a felony, breach of a fiduciary duty involving personal profit to the Executive or intentional failure to perform stated duties reasonably associated with the Executive's position; provided, however, an intentional failure to perform stated duties shall not constitute Cause unless and until the Board in the case of the Chief Executive Officer of the Company (the "CEO") or the CEO in all other cases provides the Executive with written notice setting forth the specific duties that, in the Board's view, the Executive has failed to perform and the Executive is provided a period of thirty (30) days to cure such specific failure(s) to the reasonable satisfaction of the Board.
(g)For the purposes of this Agreement, "Change in Control" shall mean, and shall be deemed to have occurred upon the occurrence of, any of the following events:
(1)The Company acquires actual knowledge that (x) any Person, other than the Company, a subsidiary, any employee benefit plan(s) sponsored by the Company or a subsidiary, has acquired the Beneficial Ownership, directly or indirectly, of securities of the Company entitling such Person to 20% or more of the Voting Power of the Company, or (y) any Person or Persons agree to act together for the purpose of acquiring, holding, voting or disposing of securities of the Company or to act in concert or otherwise with the purpose or effect of changing or influencing control of the Company, or in connection with or as Beneficial Ownership, directly or indirectly, of securities of the Company entitling such Person(s) to 20% or more of the Voting Power of the Company; or
(2)The completion of a Tender Offer is made to acquire securities of the Company entitling the holders thereof to 20% or more of the Voting Power of the Company; or
(3)The occurrence of a successful solicitation subject to Rule 14a-11 under the Securities Exchange Act of 1934, as amended (or any successor Rule) (the "1934 Act"), relating to the election or removal of 50% or more of the members of the Board or any class of the Board shall be made by any person other than the Company or less than 51% of the members of the Board (excluding vacant seats) shall be Continuing Directors; or
(4)The occurrence of a merger, consolidation, share exchange, division or sale or other disposition of assets of the Company as a result of which the stockholders of the Company immediately prior to such transaction shall not hold, directly or indirectly, immediately following such transaction a majority of the Voting Power of (i) in the case of a merger or consolidation, the surviving or resulting corporation, (ii) in the case of a share exchange, the acquiring corporation or (iii) in the case of a division or a sale or other disposition of assets, each surviving, resulting or acquiring corporation which, immediately following the transaction, holds more than 20% of the consolidated assets of the Company immediately prior to the transaction;
provided, however that (A) if securities beneficially owned by Executive are included in determining the Beneficial Ownership of a Person referred to in Section (i), (B) if Executive is named pursuant to Item 2 of the Schedule 14D-1 (or any similar successor filing requirement) required to be filed by the bidder making a Tender Offer referred to in Section (ii) or (C) if Executive is a "participant" as defined in Instruction 3 to Item 4 of Schedule 14A under the 1934 Act in a solicitation referred to in Section (iii) then no Change of Control with respect to Executive shall be deemed to have occurred by reason of any such event.
For the purposes of Section 1.1(g), the following terms shall have the following meanings:
(i) The term "Person" shall be used as that term is used in Section 13(d) and 14(d) of the 1934 Act as in effect on the Execution Date hereof.
(ii) "Affiliate" and "Associate" shall have the respective meanings ascribed to such terms in Rule 12b-2 of the General Rules and Regulations under the Exchange Act, as in effect on the date of this Rights Agreement.
(iii) A Person shall be deemed the "Beneficial Owner" of, and shall be deemed to "Beneficially Own", and shall be deemed to have "Beneficial Ownership" of, any Securities:
(1) that such Person or any of such Person's Affiliates or Associates is deemed to "Beneficially Own" within the meaning of Rule 13d-3 of the General Rules and Regulations under the Exchange Act, as in effect on the date of this Rights Agreement;
(2) that such Person or any of such Person's Affiliates or Associates has, directly or indirectly: (A) the right to acquire (whether such right is exercisable immediately or only after the passage of time) pursuant to any agreement, arrangement or understanding (written or oral), upon the exercise of conversion rights, exchange rights, rights (other than these Rights), warrants or options, or otherwise; provided, however, that a Person shall not be deemed the Beneficial Owner of, or to Beneficially Own, or have Beneficial Ownership of, Securities tendered pursuant to a tender or exchange offer made by or on behalf of such Person or any of such Person's Affiliates or Associates until such tendered Securities are accepted for purchase or exchange thereunder or cease to be subject to withdrawal by the tendering Security holder; or (B) the right to vote or dispose
of, including pursuant to any agreement, arrangement or understanding (written or oral); provided, however, that a Person shall not be deemed the Beneficial Owner of, or to Beneficially Own, or to have Beneficial Ownership of, any Security if the agreement, arrangement or understanding (written or oral) to vote such Security (1) arises solely from a revocable proxy or consent given to such Person in response to a public proxy or consent solicitation made generally to all holders of Common Shares of the Company pursuant to, and in accordance with, the applicable rules and regulations promulgated under the Exchange Act and (2) is not also then reportable on Schedule 13D or 13G under the Exchange Act (or any comparable or successor report);
(3) that are Beneficially Owned, directly or indirectly, by any other Person with which such Person or any of such Person's Affiliates or Associates has (A) any agreement, arrangement or understanding (written or oral) for the purpose of holding, acquiring, voting (except to the extent contemplated by the provisos to Section l.1(g)(iii)(2) of this Agreement) or disposing of any Securities of the Company or (B) any agreement, arrangement or understanding (written or oral) to cooperate in obtaining, changing or influencing the control of the Company; or
(4) that are the subject of, or the reference Securities for, or that underlie, any Derivative Interest of such Person or any of such Person's Affiliates or Associates, with the number of Common Shares deemed Beneficially Owned being the notional or other number of Common Shares specified in the documentation evidencing the Derivative Interest as being subject to be acquired upon the exercise or settlement of the Derivative Interest or as the basis upon which the value or settlement amount of such Derivative Interest is to be calculated in whole or in part or, if no such number of Common Shares is specified in such documentation, as determined by the Board of Directors of the Company in its sole discretion to be the number of Common Shares to which the Derivative Interest relates.
Notwithstanding anything in this definition of Beneficial Ownership to the contrary, (x) the phrase "then outstanding," when used with reference to a Person's Beneficial Ownership of Securities of the Company, shall mean the number of such Securities then issued and outstanding together with the number of such Securities not then actually issued and outstanding which such Person would be deemed to Beneficially Own hereunder and (y) nothing contained in this definition shall cause a Person to be deemed the "Beneficial Owner" of, or to "Beneficially Own", or to have "Beneficial Ownership" of, Securities (1) if such Person is ordinarily engaged in business as an underwriter of Securities and has acquired such Securities in a bona fide firm commitment underwriting pursuant to an underwriting agreement with the Company or (2) if such Person is a "clearing agency" (as defined in Section 3(a)(23) of the Exchange Act) and has acquired such Securities solely as a result of such status.
(iv) "Derivative Interest" shall mean any derivative Securities (as defined under Rule 16a-1 of the General Rules and Regulations under the Exchange Act) that increase in value as the value of the underlying equity increases, including a long
convertible Security, a long call option and a short put option position, in each case, regardless of whether (a) such interest conveys any voting rights in such Security, (b) such interest is required to be, or is capable of being, settled through delivery of such Security or (c) transactions hedge the economic effect of such interest.
(v) A specified percentage of "Voting Power" of a company shall mean such number of the Voting Shares as shall enable the holders thereof to cast such percentage of all the votes which could be cast in an annual election of directors (without consideration of the rights of any class of stock, other than the common stock of the company, to elect directors by a separate class vote); and "Voting Shares" shall mean all securities of a company entitling the holders thereof to vote in an annual election of directors (without consideration of the rights of any class of stock, other than the common stock of the company, to elect directors by a separate class vote).
(vi) "Tender Offer" shall mean a tender offer or exchange offer to acquire securities of the Company (other than such an offer made by the Company or any subsidiary), whether or not such offer is approved or opposed by the Board.
(vii) "Continuing Directors" shall mean a director of the Company who either (x) was a director of the Company on the date hereof or (y) is an individual whose election, or nomination for election, as a director of the Company was approved by a vote of at least two-thirds of the directors then still in office who were Continuing Directors (other than an individual whose initial assumption of office is in connection with an actual or threatened election contest relating to the election of directors of the Company which would be subject to Rule 14a-11 under the 1934 Act, or any successor Rule).
(h)"Code" shall mean the Internal Revenue Code of 1986, as amended.
(i)"Disability" means (A) the Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months; or (B) the Executive is, by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months, receiving income replacement benefits for a period of not less than three (3) months under an accident and health plan covering employees of the Company.
(j)"409A Payment Date" shall mean for purposes of the commencement of payments described in Subsection 2.2(e) and (g), if the Executive is not a Specified Employee on the Effective Date of Termination, a date within thirty (30) days of the Effective Date of Termination or (b) if the Executive is a Specified Employee on the Effective Date of Termination, the date which is six (6) months and one day after the Effective Date of Termination. For continuation of benefits and coverages under Subsection 2.2(e) for the period between the Effective Date of Termination and the 409A Payment Date, the Company shall deduct the value of all such coverages (including the portion otherwise payable by the Executive) for that six (6) month period from amounts otherwise payable under Section 2.2, and, on the 409A Payment
Date, pay the Executive in a single lump sum the amount equal to the amount deducted under the foregoing clause less the amount that would have been payable by the Executive as the employee contribution for such benefits and coverages for that six (6) month period. For the payment of non-qualified benefits under Subsection 2.2(g), the initial payment of each such amount made on the 409A Payment date shall equal seven (7) times the regular monthly payment due under the applicable non-qualified benefit program and, thereafter, each monthly installment shall be paid in the amount of the regular monthly investment. Payments made pursuant to this Agreement resulting from Separation From Service due to Disability shall commence as soon as administratively feasible following such Separation From Service, but in no event shall distribution be made, or commence to be made, after the later of (i) the next following December 31 or (ii) two and one-half (2 ½) months after the date of such Separation From Service due to Disability.
(k)"Effective Date of Termination" shall mean the date on which the Executive's employment terminates in a circumstance in which Section 2.1 provides for Severance Benefits (as defined in Section 2.1).
(l)"Good Reason" shall mean, without the Executive's express written consent, the occurrence of any one or more of the following:
A material diminution of the Executive's authorities, duties, responsibilities, or status (including offices, titles, or reporting relationships) as an employee of the Company from those in effect as of one hundred eighty (180) days prior to the Change in Control or as of the date of execution of this Agreement if a Change in Control occurs within one hundred eighty (180) days of the execution of this Agreement (the "Reference Date") or the assignment to the Executive of duties or responsibilities inconsistent with his position as of the Reference Date, other than an insubstantial and inadvertent act that is remedied by the Company promptly after receipt of notice thereof given by the Executive, and other than any such alteration which is consented to by the Executive in writing;
The Company's requiring the Executive to be based at a location in excess of thirty-five (35) miles from the location of the Executive's principal job location or office immediately prior to the Change in Control, except for required travel on the Company's business to an extent substantially consistent with the Executive's present business obligations;
A reduction in the Executive's annual salary or any material reduction by the Company of the Executive's other compensation or benefits from that in effect on the Reference Date or on the date of the Change in Control, whichever is greater;
The failure of the Company to obtain an unqualified agreement from any successor to the Company to assume and agree to perform the Company's obligations under this Agreement, as contemplated in Article 5 herein; and
Any purported termination by the Company of the Executive's employment that is not effected pursuant to a Notice of Termination satisfying the requirements of Section 2.5 below, and for purposes of this Agreement, no such purported termination shall be effective.
The Executive's right to terminate employment for Good Reason shall not be affected by the Executive's (A) incapacity due to physical or mental illness or (B) continued employment following the occurrence of any event constituting Good Reason herein.
(m) "Long Term Incentives" means each and all grants made to the Executive under any one or more of the compensation programs established from time to time by the Company or a successor, whether or not approved by the stockholders of the Company, which conditions payment, receipt or lapse of restriction on cash or property on a period of service or achievement of any performance metric or goal over a time period longer than a calendar year. For the avoidance of doubt:
Long Term Incentives excludes Base Compensation, annual bonus, (whether AIP or otherwise) pensions (whether or not qualified) and any amounts paid as or under payroll practices such as vacation and paid time off; and
Long Term Incentives include each and all awards with a measurement period longer than one year granted under any name or program, including, but not limited to, under the Company's 2007 Incentive Plan, or any successor, substitute or adjunct thereto, which include, but shall not be limited to, awards under the Performance/Restricted Stock Program, the Total Shareholder Return Program, the Key Employee Performance Plan or the Long Term Performance Plan, whether using a total shareholder return, passage of time, operational goal or other metric.
(n) "Separation from Service" means the cessation of Employment of the Executive or the cessation of an independent contractor relationship between the Company and the Executive (in each case at the level of interaction then permitted under regulations issued pursuant to Section 409A of the Code) or the Executive's death, or Disability.
(o) "Severance Compensation" means [____] times Base Compensation (as defined in Section 1.1(c) above).
(p) "Specified Employee" means a key employee as defined in Section 416 of the Code (without regard to paragraph (5) thereof) if the Company has publicly traded securities.
Article II
Severance Benefits
2.1 Right to Severance Benefits. The Executive shall be entitled to receive from the Company severance benefits described in Section 2.2 below (collectively, the "Severance Benefits") if a Change in Control shall occur and within twenty-four (24) months after the Change in Control either of the following shall occur:
(a) an involuntary Separation from Service of the Executive's employment with the Company by action taken by the Company without Cause; or
(b) a voluntary Separation from Service of the Executive's employment with the Company by an action taken by the Executive for Good Reason. For purposes of this Subsection 2.1(b), the voluntary Separation from Service by the Executive for Good Reason is intended to be treated as described in Treas. Reg. 1.409A-1(n)(2).
2.2 Severance Benefits. In the event that the Executive becomes entitled to receive Severance Benefits, as provided in Section 2.1, the Company shall provide the Executive with total Severance Benefits as follows (but subject to Sections 2.6 and 2.7):
(a) The Executive shall receive single lump sum cash Severance Compensation payment within thirty (30) days of the Effective Date of Termination.
(b) The Executive shall receive the Accrued Obligations in a lump sum cash payment within thirty (30) days of the Effective Date of Termination.
(c) Within thirty (30) days of the Effective Date of Termination, the Executive shall receive as AIP for the year in which the termination occurs a lump sum cash payment equal to the greater of (i) AIP determined based on the Executive's target bonus percentage for that annual period or (ii) the amount that would have been earned for the annual period if actual performance for the calendar year up to and including the date of the Change in Control were annualized or projected, as the case may be, and measured against the applicable Executive's AIP performance goals, whether financial, operational or other, for the calendar year, multiplied by a fraction, the numerator of which is the number of days elapsed in the current fiscal period to the Effective Date of Termination, and the denominator of which is three hundred sixty-five (365).
(d) Within thirty (30) days of the Effective Date of Termination, the Executive shall receive a lump sum payment (i) of any earned but unpaid Long Term Incentives and (ii) with respect to any Long Term Incentives for then uncompleted performance periods for which a payment has not been made in connection with the Change in Control as provided under the applicable Long Term Incentive plan document, as additional severance and not as a payment under the applicable Long Term Incentive plan, the value of such Long Term Incentives for each then uncompleted performance period equal to the greater of (A) the aggregate value of the Long Term Incentives that would have been earned if the rate of dividends paid for the calendar year immediately prior to the Change in Control continued to be paid for the remainder of each then uncompleted performance period and the performance of the Company, as against any financial, operational or other performance goal, as of the date of the Change in Control continued and was projected to continue at that rate during the remainder of the performance period or, if
applicable, under a particular Long Term Incentive, and the Executive remained an employee for the duration of the performance period and (B) the aggregate value of the Long Term Incentives at Target for each then uncompleted performance period; provided that portion of the value of any Long Term Incentive that would be paid in stock under the terms of the Long Term Incentive shall be paid in cash using the highest value of Company Stock during the period of time between the Change in Control and the Executive's termination of employment.
(e) Commencing on the 409A Payment Date, all perquisites and welfare benefits, including medical, dental, vision, life and disability benefits pursuant to plans under which the Executive and/or the Executive's family is eligible to receive benefits and/or coverage shall be continued for a period of thirty-six (36) months after the Effective Date of Termination. Such benefits shall be provided to the Executive at no less than the same coverage level as in effect as of the date of the Change in Control. The Company shall pay the full cost of such continued benefits, except that the Executive shall bear any portion of such cost as was required to be borne by actively employed key executives of the Company generally at the date of the Change in Control. Notwithstanding the foregoing, the benefits described in this Section 2.2(g) may be discontinued prior to the end of the periods provided in this Section to the extent, but only to the extent, that the Executive receives substantially similar benefits from a subsequent employer. In the event any insurance carrier shall refuse to provide coverage to a former employee, the Company shall secure comparable coverage or, if comparable coverage is not available, the Company shall self-insure the benefits if it pays such benefits together with a payment to the Executive equal to the federal income tax consequences of payments to a former highly compensated employee from a discriminatory self-insured plan or, for benefits determined by the Company in good faith to be payable under a discriminatory self-insured medical expense reimbursement plan within the meaning of Section 105(h) of the Code, or its successor, the Company shall pay the Executive or spouse, as the case may be, a singer cash payment in an amount equal to the cost of such discriminatory coverage and the federal income tax consequences of receiving such payment.
(f) On or after the 409A Payment Date, the Executive shall be entitled to reimbursement for actual payments made for professional outplacement services or job search not to exceed [$20,000] in the aggregate.
(g) In determining the Executive's pension benefit following entitlement to a Severance Benefit, (i) the Executive shall be deemed to have satisfied the age and service requirements for full vesting under the Company's qualified (within applicable legal parameters), non-qualified and supplemental pension plans as of the Effective Date of Termination in which the Executive participates on the date of the Change in Control such that the Executive shall be entitled to receive the full accrued benefit (based on actual service rendered through the Effective Date of Termination plus the service under this Section 2.2(g)) under all such plans in effect as of the date of the Change in Control, without any actuarial reduction for early payment and (ii) the Executive shall be credited with years of service for all purposes under each such plan equal to the number used to multiply Base Compensation in Section 1.1(o) (not to exceed a maximum total of ten credited years of service under the Company's Supplemental Pension Plan, if applicable). To the extent the amounts determined after giving effect to this Section 2.2(g) cannot be paid from or under a qualified plan, as determined by the administrator of the qualified plan(s), the amount that cannot be paid under the qualified plan shall be paid in a single cash payment on the 409A Payment Date, it being understood that the Executive will receive all amounts that can be paid from or under a qualified plan from such plan when such amounts otherwise become due.
(h) If the Company is providing the Executive with the use of an automobile on the date of the Change in Control, the Company shall acquire title to such automobile if it does not then have title, satisfy any lease obligation, lien or encumbrance related to such automobile and transfer to the Executive, free and clear of all encumbrances, title to the automobile. Such transfer shall be completed as soon as feasible after the Effective Date of Termination but in no event later than the later of (i) 2 ½ months after the Effective Date of Termination or (ii) the last day of the calendar year in which the Effective Date of Termination occurs.
2.3 Stock Options. All Company stock options previously granted to the Executive shall be fully vested and exercisable immediately upon a Change in Control, provided, however for purposes of this Section 2.3, the thresholds for measuring a Change in Control under the regulations published under Section 409A shall be substituted for the thresholds under Section 1.1(g). Such options shall be exercisable for the remainder of the term established by the Company's stock option plan as if the options had vested in accordance with the normal vesting schedule and the Executive had remained an employee of the Company. Company stock acquired pursuant to any such exercise may be sold by the Executive free of any Company restrictions, whatsoever (other than those imposed by federal and state securities laws).
2.4 Termination for any Other Reason. If the Executive's employment with the Company is terminated under any circumstances other than those set forth in Section 2.1, including without limitation by reason of retirement, death, disability, discharge for Cause or resignation without Good Reason, or any termination, for any reason, that occurs prior to a Change in Control (other than as provided below) or after twenty-four (24) months following a Change in Control, the Executive shall have no right to receive the Severance Benefits under this Agreement or to receive any payments in respect of this Agreement. In such event Executive's benefits, if any, in respect of such termination shall be determined in accordance with the Company's retirement, survivor's benefits, insurance, and other applicable plans, programs, policies and practices then in effect. Notwithstanding anything in this Agreement to the contrary, if the Executive's employment with the Company is terminated at any time from three (3) to eight (8) months prior to the date on which a Change in Control occurs either (i) by the Company other than for Cause or (ii) by the Executive for Good Reason, and it is reasonably demonstrated that termination of employment (a) was at the request of an unrelated third party who has taken steps reasonably calculated to effect a Change in Control, or (b) otherwise arose in connection with or in anticipation of the Change in Control, then for all purposes of this Agreement the termination shall be deemed to have occurred as if immediately following a Change in Control under circumstances that would constitute Good Reason and the Executive shall be entitled to Severance Benefits as provided in Section 2.2 hereof. Notwithstanding anything in this Agreement to the contrary, if the Executive's employment with the Company is terminated at any time within three (3) months prior to the date on which a Change in Control occurs either (i) by the Company other than for Cause or (ii) by the Executive under circumstances that would constitute Good Reason, such termination shall conclusively be deemed to have occurred as if immediately following a Change in Control for Good Reason and the Executive shall be entitled to Severance Benefits as provided in Section 2.2 hereof.
2.5 Notice of Termination. Any termination by the Company for Cause or by the Executive for Good Reason shall be communicated by Notice of Termination to the other party. For purposes of this Agreement, a "Notice of Termination" shall mean a written notice which shall indicate the specific termination provision in this Agreement relied upon, and shall set forth in reasonable detail the facts and
circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated.
2.6 Withholding of Taxes. The Company shall withhold from any amounts payable under this Agreement all federal, state, local, or other taxes that are legally required to be withheld.
2.7 Certain Additional Payments by the Company.
(a) No Gross Up Payment. In no event shall the Company pay to, advance on behalf of or reimburse the Executive for the amount of any excise tax imposed under Section 4999 of the Code (the "Excise Tax") or penalties or interest on any Excise Tax with respect to payments made under this Agreement or, to the extent required to be aggregated under Section 280G of the Code, the aggregate of all economic benefits, payments and distributions required to be aggregated as contingent upon a Change in Control.
(b) Executive's Right to Surrender Payments. Notwithstanding anything in this Agreement or any other compensation program or arrangement sponsored by the Company to the contrary, in the event it shall be determined that the aggregate of the economic benefits, payments or distributions by the Company to or for the benefit of the Executive required to be aggregated under Section 280G of the Code as contingent upon a Change in Control would cause some portion of the aggregate of such economic benefits, payments or distributions to be subject to the Excise Tax, the Executive, in the Executive's sole discretion, shall have the right to surrender some or all of any economic benefit, payment and/or distribution, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise so that the aggregate of economic benefits, payments and distributions required to be aggregated under Section 280G of the Code actually received by or for the benefit of the Executive is not subject to the Excise Tax. Such surrender or surrenders of the right to receive economic benefits, payments or distributions shall be delivered to the Company in a written notice setting forth the economic benefit(s), payment(s) or distribution(s) surrendered and the respective amounts so surrendered. Such written notice shall be delivered to the Company no less than fifteen (15) days prior to the 409A Payment Date. Within ten (10) days after the Effective Date of Termination, the Company and the Executive shall consult with each other and their respective tax and legal experts in order to satisfy each party as to the amounts, if any, subject to the Excise Tax. In such consultation, each party shall bear the cost of their respective experts.
Article III
The Company's Payment Obligation
3.1 Payment Obligations Absolute. Except as otherwise provided in the second last sentence of Section 2.2(e) and subject to Section 2.7(b), the Company's obligation to make the payments and the arrangements provided for in this Agreement shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right that the Company may have against the Executive or any other party. All amounts payable by the Company under this Agreement shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. Notwithstanding any other provisions of this Agreement to the contrary, the Company shall
have no obligation to make any payment to the Executive hereunder to the extent, but only to the extent, that such payment is prohibited by the terms of any final order of a federal or state court or regulatory agency of competent jurisdiction; provided, however, that such an order shall not affect, impair, or invalidate any provision of this Agreement not expressly subject to such order.
3.2 Contractual Rights to Payments and Benefits. This Agreement establishes and vests in the Executive a contractual right to the payments and benefits to which the Executive is entitled hereunder. Nothing herein contained shall require or be deemed to require, or prohibit or be deemed to prohibit, the Company to segregate, earmark, or otherwise set aside any funds or other assets, in trust or otherwise, to provide for any payments to be made or required hereunder. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company's obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in the second last sentence of Section 2.2(g).
Article IV
Enforcement and Legal Remedies
4.1 Consent to Jurisdiction. Each of the parties hereto irrevocably consents to personal jurisdiction in any action brought in connection with this Agreement in the United States District Court for the Western District of Pennsylvania or any Pennsylvania state court of competent jurisdiction. The parties also consent to venue in the above forums and to the convenience of the above forums. Any suit brought to enforce the provisions of this Agreement must be brought in the aforementioned forums.
4.2 Cost of Enforcement. In the event that it shall be necessary or desirable for the Executive to retain legal counsel in connection with the enforcement of any or all of Executive's rights to Severance Benefits under Section 2.2 of this Agreement, and provided that the Executive substantially prevails in the enforcement of such rights, the Company, as applicable, shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) the Executive's reasonable attorneys' fees, costs and expenses in connection with the enforcement of Executive's rights.
Article V
Binding Effect; Successors
The rights of the parties hereunder shall inure to the benefit of their respective successors, assigns, nominees, or other legal representatives. The Company shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) to all or a significant portion of the assets of the Company, as the case may be, by agreement in form and substance reasonably satisfactory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company, as the case may be, would be required to perform if no such succession had taken place. Regardless of whether such agreement is executed, this Agreement shall be binding upon any successor in accordance with the operation of law and such successor shall be deemed the "Company", as the case may be, for purposes of this Agreement.
Article VI
Term of Agreement
The term of this Agreement shall commence on the Execution Date and shall continue in effect for three (3) full years (the "Term") unless further extended as provided in this Article. The Term of this Agreement shall be automatically and without action by either party extended for one additional calendar month on the last business day of each calendar month so that at any given time there are no fewer than thirty-five (35) nor more than thirty-six (36) months remaining unless one party gives written notice to the other that it no longer wishes to extend the Term of this Agreement, after which written notice, the Term shall not be further extended except as may be provided in the following sentence. However, in the event a Change in Control occurs during the Term, this Agreement will remain in effect for the longer of: (i) thirty-six (36) months beyond the month in which such Change in Control occurred; or (ii) until all obligations of the Company hereunder have been fulfilled and all benefits required hereunder have been paid to the Executive or other party entitled thereto.
Article VII
7.1 Employment Status. Neither this Agreement nor any provision hereof shall be deemed to create or confer upon the Executive any right to be retained in the employ of the Company or any subsidiary or other affiliate thereof.
7.2 Beneficiaries. The Executive may designate one or more persons or entities as the primary and/or contingent Beneficiaries of any Severance Benefits owing to the Executive under this Agreement. Such designation must be in the form of a signed writing acceptable to the Board of Directors of the Company. The Executive may make or change such designation at any time.
7.3 Entire Agreement. This Agreement contains the entire understanding of the Company and the Executive with respect to the subject matter hereof. This Agreement supersedes and replaces in its entirety the Change in Control Agreement between the parties hereto as in effect prior to the date hereof and all and any other prior agreement that relates to payments from the Company to the Executive in the event of a termination of employment related to a Change in Control. Any payments actually made under this Agreement in the event of the Executive's termination of employment shall be in lieu of any severance benefits payable under any severance plan, program, or policy of the Company to which the Executive might otherwise be entitled.
7.4 Gender and Number. Except where otherwise indicated by the context, any masculine term used herein also shall include the feminine; the plural shall include the singular, and the singular shall include the plural.
7.5 Notices. All notices, requests, demands, and other communications hereunder must be in writing and shall be deemed to have been duly given if delivered by hand or mailed within the continental United States by first-class certified mail, return receipt requested, postage prepaid, to the other party, addressed as follows:
(a) If to the Company:
Allegheny Technologies Incorporated
1000 Six PPG Place
Pittsburgh, PA 15222-5479
Attn: Senior Vice President, General Counsel, Chief Compliance Officer and Corporate Secretary
(b) If to Executive, to the Executive's address set forth at the end of this Agreement. Addresses may be changed by written notice sent to the other party at the last recorded address of that party.
7.6 Execution in Counterparts. The parties hereto in counterparts may execute this Agreement, each of which shall be deemed to be original, but all such counterparts shall constitute one and the same instrument, and all signatures need not appear on any one counterpart.
7.7 Severability. In the event any provision of this Agreement shall be held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining parts of the Agreement, and the Agreement shall be construed and enforced as if the illegal or invalid provision had not been included. Further, the captions of this Agreement are for convenience of reference and not part of the provisions hereof and shall have no force and effect.
7.8 Modification. No provision of this Agreement may be modified, waived, or discharged unless such modification, waiver, or discharge is agreed to in writing and signed by the Executive and on behalf of the Company.
7.9 Applicable Law. To the extent not preempted by the laws of the United States, the laws of the Commonwealth of Pennsylvania, other than the conflict of law provisions thereof, shall be the controlling laws in all matters relating to this Agreement.
7.10 Section 409A. This Agreement shall be construed and interpreted in a manner so as not to trigger adverse tax consequences to the Executive under Section 409A of the Code and the rulings and regulations issued thereunder. The Company may amend this Agreement in any manner necessary to comply with Code Section 409A or any successor law, without the consent of the Executive. Furthermore, to the extent necessary to comply with Section 409A of the Code, the payment terms for any of the payments or benefits payable hereunder may be delayed without the Executive's consent to comply with Section 409A of the Code.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
Senior Vice President, General Counsel,
Chief Compliance Officer and Corporate


text:
Ex Libris delivers $1.8m catalogue system to British Library
Ex Libris recently announced it would supply its software systems to customers in Germany for a total of $1.2 million.
Israeli company Ex Libris recent completed the delivery of its catalogue system to the British Library for $1.8 million. Ex Libris specializes in software solutions and accompanying services for libraries and data centers in Israel and around the world.
Ex Libris recently announced it would supply its software systems to customers in Germany for a total of $1.2 million. The deal was conducted through its German subsidiary.
Ex Libris believes that the sales of its ALEPH 500 flagship product in Germany to various customer will also lead to sales of its other products. El Libris recently installed its ALEPH 500 program at the University of Innsbruck, Swiss pharmaceutical giant Novartis (NYSE: NVS LSE: NOV SWX: NOVN), the Vienna library, and other Swiss libraries.
Ex Libris has invested over $5 million in developing the ALEPH 500 international system for library management. The system is based on client server technology, an Oracle (Nasdaq:ORCL) database, and international standards. The system, currently installed in hundreds of libraries spread over 50 countries, supports a variety of languages and alphabets.


text:
Luminous: A Noblebright Fantasy Boxed Set – coming August 1, 2017 (for a limited time only) Available on Amazon | Barnes & Noble Nook | Kobo | iBooks | Smashwords
Still Waters: A Noblebright Fantasy Anthology – coming October 2017
Fell Beasts and Fair: A Noblebright Fantasy Anthology – coming February 2018
Shards: A Noblebright Fantasy Anthology – coming May 2018
I (C. J. Brightley, the editor of Spring Song Press) have published seven novels and a number of shorter works, all of which can be found at www.cjbrightley.com/books/. To find more about the type of work I and my team enjoy, please read www.noblebright.org. My most recent publication is The Lord of Dreams.
Previous Publications:
(no longer available) Light in the Darkness was a boxed set I organized in fall 2016, available for a limited time only. I enjoyed it so much that I established Spring Song Press as the banner under which I would publish future noblebright boxed sets and anthologies.


text:
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Kids Snacks
Check out these healthy recipes for kids snacks, including popcorn, nachos, empanadas, chicken wings, fries, pretzels, trail mix, kabobs, elephant ears, pinwheels, flat bread, cheese puffs, fruit snacks, pizza pockets, apple dip and more.
Recipe Spotlight
This is a "dash in the pan" dish that's always a hit. The spicy nachos have plenty of chicken and two kinds of beans, so they make a filling snack. —Karen Horning, Rockford, IllinoisGet Recipe


text:
This property has been removed by the agent. It may be sold or temporarily removed from the market
Plot for saleNr. Pentewan, St Austell, Cornwall PL26
Removed £275,000
Property Description
Key features
- Rural
- 1.3 acres of garden
- Building plot
- Near the coast
- Private and secluded
- Sailing facilities nearby
Full description
Tenure: Freehold
A beautiful garden plot of approximately 1.3 acres with outline planning permission for a detached 4 bedroomed dwelling in a delightful sylvan setting providing complete privacy, close to woodland walks and a local beach with a sailing club.
This is an extremely rare opportunity to purchase a large garden plot that provides a delightful parkland setting extending to almost 1.3 acres with outline planning permission granted for the erection of a four bedroomed detached dwelling. The boundaries comprise hedging and mature trees providing complete privacy with further woodland surrounding the plot which occupies an extremely convenient location between the town of St Austell and the beautiful sandy beach at Pentewan which has an active sailing club.
The outline planning permission has just been granted and the necessary documents can be viewed on the planning website under planning application number PA16/00850.
Listing History
Floorplan 1
Floorplan 2
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Market Info
Disclaimer - Property reference 6420. The information displayed about this property comprises a property advertisement. Rightmove.co.uk makes no warranty as to the accuracy or completeness of the advertisement or any linked or associated information, and Rightmove has no control over the content. This property advertisement does not constitute property particulars. The information is provided and maintained by Lillicrap Chilcott, Truro. Please contact the selling agent or developer directly to obtain any information which may be available under the terms of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 or the Home Report if in relation to a residential property in Scotland.
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