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Volney Litmus
- Artist: Volney Litmus
- Genre: Rock
- Release Date: 10/2/2007
Volney Litmus is a collection of songs meant for everybody to sing and enjoy. We have many different singers and styles, because contrast brings out what's special about things. Historic records by groups like Buffalo Springfield, The Beatles, The Band and many more showcase varied sides of expression and that's what we're trying to do. Here's a list of who's on it and some of the many things they've also done: Nick Movshon: This record owes a great debt to the artistry of Nick Movshon. He was relatively new to the drums when he played these sessions and found a fresh voice on the instrument. He also plays bass on a number (his first mastered instrument) and sings and writes too! He has played with Antibalas, Amy Winehouse, The El Michels Affair, TV on the Radio, The Wu Tang Clan and many more renowned artists. Jeremiah Lockwood: A revered solo artist, subway legend, and leader of The Sway Machinery, Jeremiah sings and plays guitars and banjo. He has written several scores for film and theater including music for a number of brilliant puppet shorts by the Puppet Heap company. Veronica Cuevas: The co-founder of the group, Veronica was executive producer, gracing the record with her voice, her lyrics, and her pressence. Del Stribling: An obscure guitarist from the far reaches of the tri-state area, Del recorded and guitar and vocals for The Volney. He has a long and twisted professional career including antibalas, Janet Jackson, and many others. Kieran McGhee: A beautiful song writer by his won right, Kieran joined up as the record was being finished, singing a song at the last minute with every bit of gorgeous urgency required. Jeremy Gilotti: An beatiful bass player who has since moved to Jersey. He has an incredible band called Noba. FROM THE VILLAGE VOICE - February 16th, 2007 'Night Becomes Eclectic' Brooklyn melting-pot supergroup Volney Litmus keeps the fire and the conversation going by Buzz Poole For the first of their four Tuesday-night engagements at Zebulon this month, Volney Litmus opened with a loping, brassy fanfare, which backed up Jeremiah Lockwood's carny-barker bellow as he urged one and all to 'come and say hello.' Winter's bite had whisked everyone into the Williamsburg café's wood-paneled warmth, wherein Stuart Bogie-this semi-supergroup's ringleader, head writer, and producer-danced in the crowd when not blowing his sax, doing a little bellowing himself, or conducting his co-conspirators (Tom Abs's marching tuba, Jordan McLean's and Eric Biondo's flourishing trumpets) with gull-like motions. From there, Bogie (who also does time in the Brooklyn Afropop crew Antibalas) hustled behind a keyboard and cracked his mischievous I've-got-a-secret smile as the band did a syncopated tumbling act into 'Blank Page, Good Gun,' an electric-piano-heavy, makes-you-want-to-clap dance tune that declares, 'You can walk against the world/With your love on your back.' Want to hear what a band that has collectively gigged with the likes of Antibalas, Janet Jackson, TV on the Radio, Tom Waits, Wu-Tang Clan, and Davy Jones (that's right, the Monkee) sounds like? Look no further. For the past couple of years, some of Bogie's favorite local musicians have played under the guise of Volney Litmus-be it in the studio or onstage, Bogie enthuses that the result plays 'like the best mix tape ever.' That's been holding true at the Zebulon shows, which take on a clubhouse kind of feel-a room full of enthusiastic people conversing with song. These conversations range from Fast Times at Ridgemont High-worthy pop tunes to country-blues eulogies that lament the loneliness of life on the road, but it all fits together seamlessly-the work of dedicated, extraordinarily talented musicians off the clock at their main gigs, content to make music that has no expectations beyond keeping the conversation going. That conversation doesn't necessarily sound like Afropop, but Bogie's arrangements echo that genre's ability to juggle multiple instruments and keep a big band from sounding muddy, even as swelling horns duel with fuzzy guitars. Such fusion creates beautiful moments: Consider Antibalas cohort Del Stribling singing Carole King's 'So Far Away' as his bandmates lock into a perfectly pocketed groove. Volney Litmus is a gumbo of genres reflecting the band's varied palettes, but it's an unforced, self-aware eclecticism that doesn't try too hard and doesn't give a damn. Bogie spices and stirs, somehow knowing how to make it all come out just right: catchy, unexpected, and authentic.
|Volney Litmus
|Volney Litmus
|CD Baby
|Release Date:
|Product Type:
|Item #:
|This product is a special order


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7.00 Woke up today
8.00 Will be off to Mecca later today. This will mean extra prayer so as to obtain a full-house, as bingo in the Kurdistan Mecca can be a very fraught affair. All those fat women breaking wind. It was the worst thing they did, ban smoking, drinking and suicide bombing there.
8.30 A quick breakfast. Mrs Bin Laden, and she was last night, take it from me, laiden, phooooar, geddit? ("laid...en", com on, keep up you infidels) - er, she brought me her kitchen special - a bomb surprise - which I always tell her is in very poor taste.
10.00 Off to RupeeStretcher in town to buy some cheap prayer mats. Have to watch every Rupee know you know, since the banks collapsed. They are one group of buildings my demolition company Al Queida Deconstruction hasn't been blamed for.
12.00 Rabbi Lionel Blue popped in. He's one of ...

subset: commoncrawl


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2010 Fall Leaf Collection Dates Announced
November 29, 2010 - 7:00am to December 3, 2010 - 5:00pm
The City of Urbana will provide leaf collection to all residents for 4 weeks this fall.
October 18 - October 22
November 1 - November 5
November 15 - November 19
November 29 - December 3
Place leaves into 30 gallon paper lawn and garden bags. NO PLASTIC BAGS
Paper bags must be placed at the curb or along the roadway edge before 6 a.m. on your U-Cycle collection day.
Only leaves and non-woody plant material will be collected. No brush, tree limbs or garbage.
Collection will occur on the same day of the week as your regular U-Cycle collection day.
Click on location marker to view address.
Contact Reference:


text:
The Relationship Institute of
Santa Barbara
Dora L. Dunlap, LCSW • Mark Dunlap
A Center for Imago Therapy
Your Subtitle text
Home Page
Currently Single?
About Imago
About Us
About Imago
Imago Therapy was developed by Harville Hendrix and has been written about in his books, including
Getting the Love You Want.
It has a distinctive, hopeful view of marriage, and some specific and very practical methods for helping couples. Some central ideas are:
We are unconsciously drawn by romantic love to a certain type of partner so that we can engage in a
process of personal healing and psychological growth with that person
It is inevitable that we will have differences and conflicts with that person.
The conflicts, even though frustrating or painful, are not the problem. They are actually opportunities for
growth presented to us by the relationship. The problem is the way we are handling the conflicts.
The conflicts are often a replay of what didn't go well for us growing up, and that's why they are
maddening or painful.
When couples are dealing with their issues unsuccessfully, they have become mired in a negative cycle of
relating, in which they continue to frustrate and hurt each other.
In order to break out of the negative cycle, couples need to understand clearly how they are frustrating each
each other and understand the "unconscious agenda," what it is they they are really want from each other.
They need to learn new ways of communicating that actually work, and ways of addressing each other's needs
more effectively. As couples successfully work with the unconscious agenda, profound personal healing and
psychological growth will occur.


text:
Copyright © University of Cambridge. All rights reserved.
'Torn Shapes' printed from http://nrich.maths.org/
Show menu
Torn Shapes
Jason's class cut out rectangles and some shapes which were two rectangles joined together from one centimetre squared paper.
They then counted how many squares the shapes took up.
After this they tore a piece out of some of their shapes to make a puzzle for the other groups to do.
Can you work out how many squares there were in these shapes before the bit was torn out? The orange, blue, green and yellow shapes were rectangles. The bottom two shapes, which are pale orange and purple, were each two rectangles joined together.
Courtney's group tore too much off their grey rectangle!
What is the smallest number of squares it could have had?
What is the largest number of squares it could have had if it was not longer than any of the other shapes?
Why do this problem?
This problem
is a good way to assess children's understanding of properties of rectangles. The problem is a nice lead into area, although this is not specifically mentioned in the wording. Torn Shapes is a challenge that encourages children to adopt a different technique for finding area rather than simply counting squares.
Possible approach
You could introduce these ideas by drawing a torn shape of your own, or cutting out a shape and then tearing it (perhaps part of a square or a triangle), and asking the children to decide how many small squares it takes up. This might involve you asking the group for suggestions as to how they might go about solving the problem, and probably modelling these for them.
After this you could show the group the actual problem on an interactive whiteboard or data projector. Then they could work on it in pairs with the shapes from
this sheet
or on screen with access to squared paper. It is important to allow plenty of time for children to share their thinking and explanations with their partners and the rest of the group. Some children might want to count each square individually, but that is difficult with this problem. Others might count a row or column and use their knowledge of multiples. It is likely that they will spend some time discussing how best to approach this problem before reaching that conclusion.
As a plenary activity, you could have a torn piece of squared paper which is ambiguous in terms of the original shape it came from and use this to discuss the possible numbers of squares it contains. There is no reason why you should not make your own torn shapes from squared paper using the activity as an idea rather than a problem to be solved.
Key questions
How many squares are there in a row that is complete?
How many rows are there altogether whether they are complete or not?
Possible extension
You could change the last part of the question so that, rather than it being no longer than any of the other shapes, the final shape has no more than 100 squares. Can learners find all the possible solutions? Challenge them to articulate the pattern in the answers.
Possible support
Children would benefit from trying


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Llorente winner puts Athletic Bilbao in final
Fernando Llorente's late winner two minutes from time gave Athletic Bilbao a dramatic 3-1 win over Sporting Lisbon at the San Mames Stadium to send Los Leones through to the Europa League final with a 4-3 aggregate victory.
Markel Susaeta opened the scoring for Athletic Bilbao on the night after 17 minutes before Ricky van Wolfswinkel hit back one minute before half-time.
But Ibai Gomez put the hosts back in front just 60 seconds later to leave the tie level on aggregate at half-time before, with extra-time beckoning, Llorente struck to set up a clash with Liga rivals Atletico Madrid in the final.
The tie was delicately poised going into the second leg after Sporting's 2-1 victory in the opening game, with Emiliano Insua and Diego Capel scoring within four minutes of each other to cancel out Jon Aurtenetxe's opener at the Estadio Jose Alvalade.
With Pep Guardiola thought to be considering his future at Barcelona, Athletic Bilbao face losing their manager, Marcelo Bielsa, who would be among the favourites to fill any vacancy at the Camp Nou.
Bielsa's men play an exciting, attacking brand of football and the home side took the lead in fine fashion, with a well-crafted move which saw Iker Muniain cross from the right to Llorente, who chested the ball to Susaeta to dispatch a volley into the ground and past Rui Patricio.
The visitors, who knocked out Manchester City in the last 16, looked to hit back quickly and Capel's cross was met by Bruno Pereirinha but the 24-year-old put his free header over the crossbar.
Gomez thought he has extended Athletic Bilbao's lead on the half-hour but had strayed offside before planting a header beyond Patricio, while Gomez went close once again when Andoni Iraola swung in a pinpoint cross from the right and the 22-year-old failed to make contact with only the goalkeeper to beat.
The hosts continued to ramp up the pressure and Llorente forced a smart stop from Patricio before Sporting Lisbon hit back, with Van Wolfswinkel firing a low shot from the edge of the box past the outstretched Gorka Iraizoz after Athletic Bilbao failed to properly clear a corner.
But Athletic, who are yet to taste European glory, needed less than a minute to re-establish their lead on the night, with Llorente producing a sublime piece of skill to play in Gomez, who made no mistake in beating Patricio to leave the tie on a knife-edge at 3-3 on aggregate going into the break.
Bielsa's side continued to create the better chances after the restart and Susaeta unleashed a powerful shot from the top-right corner of the box to test Patricio's reactions.
Fernando Amorebieta then sent his header crashing against the post while Sporting also hit the woodwork when Insua let fly with a fierce shot which skidded off the surface, took a deflection and hit the outside of the upright with 35 minutes remaining
Both sides continued to press but failed to create a meaningful chance and the game looked set to go to extra-time until Andre Martins chipped in a deep cross for Gomez, who turned to work a yard of space before firing a low shot goalwards which Llorente directed into the back of the net.


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Company Facts
• Location: Sioux Falls, South Dakota
• Industry: Automotive (PBE)
• Number of Locations: 5
• Number of Employees: 70
"It's our job to help customers maintain their relationships with the insurance companies, and a big part of that comes through being more efficient in everything you do."
Jim Roddel, President | Auto Body Specialties
Streamlining key business processes is a proven path to increased competitive speed and efficiency. For Auto Body Specialties (ABS), a second-generation paint, body, and equipment distributor based in Sioux Falls, South Dakota, "process improvement" is more than a business objective-it's been in the company's DNA since founders Harley and Sallie Roddel first opened their doors in 1950. Today four of the couple's five children own and operate the business, which now serves automotive collision repair and customization as well as industrial businesses in five markets spanning portions of South Dakota, Iowa, Minnesota, and Nebraska.
"Our parents had the vision and financial means to help the next generation take over and build on their success," says Jim Roddel, president of the company and coowner with his sisters, Connie, Becky, and Margie. "The PBE market has changed quite a bit and it's harder to maintain margins and stay ahead of expenses, so we can never stop looking for ways to become more operationally efficient."
Although originally an automotive replacement parts and PBE distributor, ABS now focuses on automotive finishes, replacement glass, sheet metal components, bumpers, tools and equipment, as well as industrial coatings. The company has been affiliated with the PPG paint and glass lines for much of its history and in 2011 purchased another large PPG distributor, based in Mankato, Minnesota. The company employs approximately 70 and operates a fleet of nearly 40 delivery and sales trucks.
Virtually every service-related business has seen dramatic change over the past 25 years, but the collision repair market has been transformed by increasingly sophisticated vehicles, environmental regulations, and insurance companies. A growing number of independent collision shops have seen the need to affiliate with major insurers through direct repair programs (DRP), which impose strict limits on materials and labor costs. Ultimately, these pressures are borne by all partners in the industry supply chain, including distributors like ABS. "We've learned to embrace the DRPs because they control the dollars behind most repairs," Roddel explains. "So it's our job to help customers maintain their relationships with the insurance companies, and a big part of that comes through being more efficient in everything you do."
Operational efficiency doesn't come easy in a business with thousands of SKUs ranging from paint to large vehicle body parts. Because of the unpredictable demand for specific sheet metal and glass items, a large percentage of the Roddels' daily transactions involve special orders. And in spite of the long, reliable service of the company's Epicor® Prism™ business management software, this growing complexity was becoming an operational headache.
"I called our Epicor representative and said, "There's got to be a better way," Roddel says.
To identify that "better way," Epicor visited ABS to perform a detailed time analysis covering the special-order process. Through this study, it was determined that the equivalent of two full-time employees were required to execute the approximately 150 daily special orders being generated at ABS locations.
The Epicor product support team helped to identify a solution that would help ABS automate not only special orders but also a full range of other labor-intensive processes and recommended Epicor Eagle®.
"Their team did a presentation and showed us how we could use Eagle to track everything electronically, and we were just blown away," Roddel says. "That in itself convinced us it was time to upgrade. We saw that there would definitely be a financial payback."
The decision to move to a new business management solution wasn't taken lightly, however. "Prism had been successful everywhere else in our business, so the decision made for a few sleepless nights," Roddel says. "But within three months we realized that it was one of the best decisions we had ever made."
The Eagle solution is now running virtually every area of the business, from point of sale, to purchasing, to pricing, and to managing special orders. The system is infinitely more scalable than the Prism software, which Roddel saw firsthand following the acquisition of the company's fifth location, in Mankato. "We've handled a greatly increased number of special orders without having to add an equivalent number of employees," he says.
ABS will implement the Eagle solution's barcode receiving capability and automated management of delivery operations. ABS has also leveraged the Eagle solution to build a thriving eStore, which enables customers to place electronic orders, search inventories, and access account statements and invoices.
"That's been a big success for us," Roddel says. "Not only are more and more of our customers using it, but our field sales reps have found it's a great platform for entering orders when they're out on the road."
Epicor Software Corporation is a global leader delivering business software solutions to the manufacturing, distribution, retail, and service industries. With more than 40 years of experience, Epicor has more than 20,000 customers in over 150 countries. Epicor solutions enable companies to drive increased efficiency and improve profitability. With a history of innovation, industry expertise, and passion for excellence, Epicor inspires customers to build lasting competitive advantage. Epicor provides the single point of accountability that local, regional, and global businesses demand. For more information, visit www.epicor.com.
Success Highlights:
With thousands of SKUs and numerous special orders, the complexity of managing the business was daunting. Auto Body Specialties selected Eagle for the Aftermarket to automate special orders and other labor intensive processes. Today, the Eagle system runs their POS, purchasing, pricing, and special orders without adding more staff.
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text:
Security Scanner for Drupal installations to quickly identify potential security issues, server reputation and other aspects of the web server.
Drupal is one of the worlds leading content management system. It is used on a large number of high profile sites. It is known for its security and extensibility. Perform a simple Drupal security test by filling out the following form. Our system will test your website in a non-intrusive manner and display any discovered vulnerabilities or configuration errors.
About the Drupal Security Scan
This scan will test a Drupal installation for common security issues, mis-configurations as well as performing a web reputation analysis of sites that are being linked and sites that are hosted on the same IP address. It is a passive scan in that all the information gathered is from performing regular web requests against the specified site.
Drupal Security checks that will be tested include the following:
- Determine if Drupal installation is present
- Test for "directory indexing enabled on core directories"
- Google web reputation lookup on site
- Test for an "admin" user account
- List external sites linked from main page and web reputation of each
- List linked Javascript
- List any external iframes
- Perform Geolocation and Web Hosting information lookups


text:
FILED: October 29, 2008
Guardian Ad Litem of Devin Wright,
a Minor,
Clackamas County Circuit Court
Thomas J. Rastetter, Judge.
Argued and submitted on May 08, 2008.
Kathryn H. Clarke argued the cause for appellant.Ā With her on the brief was Gideon D. Caron. R. Daniel Lindahl argued the cause for respondent.Ā With him on the brief were John R. Bachofner and Bullivant Houser Bailey, PC.
Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.
Reversed and remanded.
The plaintiff insured, as guardian ad litem for her minor son, appeals, challenging the allowance of summary judgment in favor of defendant, plaintiff's underinsured motorist (UIM) insurance carrier, as well as the trial court's denial of plaintiff's cross-motion for summary judgment.Ā The underlying accident occurred in January 2000, and this action for declaratory relief was filed in August 2005.Ā The trial court agreed with defendant that the "minority tolling" provisions of ORS 12.160 did not operate to extend the time limitation provision, predicated on ORS 742.504(12)(a), that certain events occur within two years of the date of the accident.Ā The court further determined that plaintiff, in opposing summary judgment, had failed to adduce evidence raising a disputed issue of material fact as to whether defendant had waived the two-year limitation.Ā On appeal, plaintiff challenges both of those determinations.Ā As amplified below, we conclude that (1) the trial court correctly determined that the time limitation provision was not tolled, but (2) the court erred in granting summary judgment because (a) the two-year limitation of ORS 742.504(12)(a) can be waived by the UIM insurer and (b) there is a material issue of disputed fact as to whether defendant waived its right to rely on that time limitation.Ā Accordingly, we reverse and remand.
We review a grant of summary judgment "to determine whether any genuine issue of material fact exists and whether defendant is entitled to judgment as a matter of law."Ā Herman v. Valley Ins. Co., 145 Or App 124, 127-28, 928 P2d 985 (1996), rev den, 325 Or 438 (1997).Ā See also ORCP 47 C.Ā We view the evidence and make all reasonable inferences in favor of the nonmoving party.Ā Moore v. Mutual of Enumclaw Ins. Co., 317 Or 235, 237, 855 P2d 626 (1993).
Here, the historical facts are not disputed.(1)Ā On January 18, 2000, plaintiff and her minor son, D, were involved in an auto accident involving another motorist, Watts, in which D was allegedly injured.Ā Watts had liability insurance with limits of $25,000 per person and $50,000 per accident.Ā At the time of the accident, defendant provided UIM coverage to plaintiff with limits of $50,000 per person and $100,000 per accident.
Plaintiff's UIM policy with defendant, in general conformance with ORS 742.504(12)(a), which we address in detail below, included the following provision:
"c.Ā nor shall we have to make any payment under uninsured motor vehicle coverage unless within two years from the date of the accident:
"(1)Ā the insured and we agree to the amount due;
"(2)Ā the insured or we have formally instituted arbitration proceedings;
"(3)Ā the insured has filed an action against us in a court of competent jurisdiction; or
"(4)Ā a suit for bodily injury has been filed against the uninsured motorist in a court of competent jurisdiction and, within two years from the date of settlement or final judgment against the uninsured motorist, the insured has formally instituted arbitration proceedings or filed an action against us in a court of competent jurisdiction."
(Original emphasis omitted; emphasis added.)Ā There were some preliminary communications between plaintiff and defendant regarding a potential claim, but plaintiff did not take any of the requisite actions within two years of the accident.
On March 19, 2005, plaintiff's attorney contacted defendant, informing defendant that he had been retained to represent D's interests and requesting information pertaining to defendant's personal injury protection (PIP) coverage.(2) Defendant responded, by letter, on April 26, 2005.Ā That letter, which was signed by one of defendant's "claim representatives," identified plaintiff as the insured and the "date of loss" as January 18, 2000.Ā After replying to plaintiff's attorney's request for PIP-related information, the letter then proceeded to address plaintiff's potential UIM claim:
"We understand that your client is interested in pursuing an underinsured motorist claim regarding [the] motor vehicle accident.Ā We have determined that our insured, [plaintiff], does have coverage under her policy for such a claim and we will make every attempt, once we have adequate information supporting [D's] claim, to reach an agreement with you as to the amount of benefits due under the policy.Ā The only remaining issues are liability and damages due to your client.Ā If for some reason we are not able to reach an agreement as to the amount of benefits due under [plaintiff's] coverage, then please be advised that [we do] hereby consent to submit your client's underinsured motorist claim to arbitration as provided by the policy and that the arbitration be binding."
(Emphasis added.)
On April 28, 2005, plaintiff filed a personal injury action on D's behalf against Watts.(3)
On July 22, 2005, defendant notified plaintiff that it was withdrawing its offer of UIM arbitration because it had determined that none of the requisite events had occurred within the two-year period allowed in the policy.Ā Plaintiff then brought this action, seeking a declaration of UIM coverage under the policy.
The parties filed cross-motions for summary judgment, with their dispute centering on two issues:Ā (1) Did the "minority tolling" provisions of ORS 12.160 apply to and, thus, extend the UIM policy's two-year limitation period, as specified in ORS 742.504(12)(a)?Ā (2) Even if ORS 12.160 did not apply, was the two-year limitation waivable, and, if so, had plaintiff adduced evidence raising a disputed issue of material fact as to whether defendant had waived that limitation?Ā The trial court resolved both of those questions adversely to plaintiff and, consequently, allowed defendant's motion for summary judgment and denied plaintiff's cross-motion.
On appeal, the parties essentially reprise their arguments to the trial court.Ā We address the tolling and waiver arguments in turn.
Under ORS 742.504, insurance policies that include uninsured motorist benefits must provide coverage that is no less favorable to the insured or any beneficiary than the sample policy provisions set forth in ORS 742.504(1) to (12).(4)Ā ORS 742.504(12)(a) provides:
"The parties to this coverage agree that no cause of action shall accrue to the insured under this coverage unless within two years from the date of the accident:
"(A)Ā Agreement as to the amount due under the policy has been concluded;
"(B)Ā The insured or the insurer has formally instituted arbitration proceedings;
"(C)Ā The insured has filed an action against the insurer; or
"(D)Ā Suit for bodily injury has been filed against the uninsured motorist and, within two years from the date of settlement or final judgment against the uninsured motorist, the insured has formally instituted arbitration proceedings or filed an action against the insurer."
(Emphasis added.)(5)Ā Plaintiff concedes that none of the four requisites, (A) - (D), was satisfied within two years of the date of the accident.Ā She argues, however, that defendant was obligated to provide UIM benefits because the two-year period was tolled by ORS 12.160.(6)
ORS 12.160 (2005) provides, in part:
"If, at the time the cause of action accrues, any person entitled to bring an action mentioned in ORS 12.010 to 12.050, 12.070 to 12.250 and 12.276 is within the age of 18 years * * * the time of such disability shall not be a part of the time limited for the commencement of the action * * *."
(Emphasis added.)(7)Ā With certain exceptions not applicable here, ORS 12.080 establishes the time for commencing contract actions.Ā Claims for UIM benefits arise from contract.Ā As a result, ORS 12.160 is potentially applicable in the context of an action concerning UIM coverage.Ā We conclude, however, that ORS 12.160 does not apply to toll the two-year period set forth in ORS 742.504(12)(a) for two related reasons.
First, ORS 12.160, by its plain terms, applies only "at the time the cause of action accrues."Ā A cause of action "accrues" when it "come[s] into existence as an enforceable claim[.]"Ā Webster's Third New Int'l Dictionary 13 (unabridged ed 2002).Ā However, under ORS 742.504(12)(a), "no cause of action shall accrue to the insured" for UIM coverage unless one of the four events specified in the statute occurs within two years from the accident date.Ā If none of the events occurs in the permitted time period, the cause of action never accrues.
In this case, plaintiff's cause of action against defendant never accrued because none of the events specified in ORS 742.504(12)(a)(A) to (D) occurred within two years from the date of the accident.Ā Because the cause of action did not accrue, the disability tolling provision set forth in ORS 12.160 cannot apply.Ā See also ORS 12.170 ("No person shall make use of a disability unless it existed when the right of action of the person accrued."Ā (Emphasis added.)).
Second, ORS 12.160 provides that the time of the applicable disability "shall not be a part of the time limited for the commencement of the action."Ā (Emphasis added.)Ā ORS 742.504(12)(a) establishes a time limitation for accrual of a cause of action, not for commencement of an action.Ā Therefore, ORS 12.160 has no application.
The context of ORS 742.504(12)(a) corroborates our construction.Ā In interpreting a statute, our task is to determine the intent of the legislature.Ā PGE v. Bureau of Labor and Industries, 317 Or 606, 610, 859 P2d 1143 (1993).Ā At the first level of that analysis, we examine the text and context of the statute.Ā Id.Ā ORS 742.504(12)(a), which was enacted in Oregon in 1967, was modeled on a California statute.(8)Ā Minutes, Subcommittee on Reserve, Surplus and Capital Requirements of Insurance Companies Engaged in the Business of Casualty or Disability Insurance, Feb 15, 1964, 4.Ā "When one state borrows a statute from another state, the interpretation of the borrowed statute by the courts of the earlier enacting state ordinarily is persuasive."Ā State ex rel Western Seed v. Campbell, 250 Or 262, 270-71, 442 P2d 215 (1968), cert den, 393 US 1093 (1969).Ā At the time Oregon enacted ORS 742.504(12)(a), California courts had held that the time limitation described in its version of that statute was not tolled during an insured's minority.Ā See Pacific Indemnity Company v. Superior Court, 246 Cal App 2d 63, 72, 54 Cal Rptr 470 (1966); State Farm Mutual Automobile Ins. Co. v. Superior Court, 232 Cal App 2d 808, 810, 43 Cal Rptr 209 (1965).
Plaintiff invokes Bradford v. Davis, 290 Or 855, 626 P2d 1376 (1981), and Kearney v. Montgomery Ward & Co., 55 Or App 641, 639 P2d 682 (1982), as supporting her position.Ā However, neither case assists her.Ā In Bradford, the Supreme Court held that ORS 12.160 tolled a two-year statute of limitation found in ORS 30.275 for commencing a cause of action under the Tort Claims Act during the plaintiff's minority.Ā 290 Or at 861.Ā In Kearney, we followed the reasoning of Bradford and held that the statute of limitations for commencing a product liability action under ORS 30.905 was tolled during the plaintiff's minority by ORS 12.160.Ā 55 Or App at 645.
The facts of Bradford and Kearney are distinguishable from those of this case because both of those cases involve statutes of limitations for commencing actions.Ā The time limit established by ORS 742.504(12)(a) is not a statute of limitation that establishes the time for commencing an action.Ā Instead, it specifies how and when a UIM cause of action may accrue--and, as noted, ORS 12.160 only applies to toll the time for commencing an action if the cause of action has accrued.Ā In both Bradford and Kearney, the cause of action had accrued and, thus, ORS 12.160 could apply to toll the pertinent statutes of limitation.Ā Conversely, in this case, ORS 12.160 has no application because plaintiff's cause of action never accrued given that none of the requisite events occurred within the two-year period allowed under ORS 742.504(12)(a).
Finally, plaintiff argues that ORS 12.160 must toll the two-year period set forth in ORS 742.504(12)(a) because, if it does not, there will be a temporal disconnect between the time during which a minor insured can commence a personal injury action against an at-fault motorist and the time during which he or she must act to secure UIM benefits.Ā ORS 12.110 establishes a two-year statute of limitations for most personal injury actions.Ā In certain circumstances, such as when the injured insured is a minor at the time of the accident, ORS 12.160 will apply to extend the statute of limitations for commencing the personal injury action while, under our holding, it does not apply to extend the period for seeking UIM benefits.
The fundamental problem with plaintiff's argument is that we have previously indicated that, given the express language of ORS 742.504(12)(a), the requirements for prosecuting a personal injury action against the at-fault uninsured motorist (UM) or underinsured motorist and an action against the UM/UIM insurer are not congruent.Ā See Lindsey v. Farmers Ins. Co., 170 Or App 458, 12 P3d 571 (2000).
In Lindsey, the plaintiff filed a personal injury action against the tortfeasor uninsured motorist within the two-year period permitted under ORS 742.504(12)(a)(D).Ā 170 Or App at 460.Ā The plaintiff did not, however, effect proper service of process and, consequently, her action against the uninsured motorist was dismissed.Ā Id.Ā The plaintiff subsequently requested arbitration of her UM claim against the defendant UM insurer, which refused to arbitrate on the ground that the request was untimely.Ā Id.Ā The plaintiff then brought an action against the defendant UM insurer, which moved for summary judgment, arguing that the plaintiff had failed to satisfy the requisites of ORS 742.504(12).Ā Id.Ā The trial court granted that motion, concluding, inter alia, that the plaintiff had failed to satisfy the time limitation of ORS 742.504(12)(a)(D).Ā Id.
On appeal, we reversed.Ā We concluded that ORS 742.504(12)(a)(D) requires only that the action against the uninsured or underinsured motorist be "filed" within two years of the accident and not also that service of process be timely effected.Ā Id. at 467.Ā In so holding, we emphasized the distinction between the term "filed" and the term "commenced" employed in other statutes, including those pertaining to statutes of limitation.Ā Id. at 463-65.Ā We also rejected the defendant insurer's argument that the plaintiff's construction of the statute could yield practically incongruous results because, if the third-party liability action was merely filed without timely service, the effect would be that UM (or UIM) insureds would be able to maintain claims under UM (or UIM) coverage even when there was no viable claim (and, thus, no potential reimbursement) against the tortfeasor uninsured (or underinsured) driver.Ā In rejecting that contention, we observed:
"Regardless of the merit of defendant's argument about how an insurer has little protection from stale claims under plaintiff's interpretations of ORS 742.504(12)(a)(D), our task is to discern the intention of the legislature from the language of the statute.Ā Only if that language is unclear, are we authorized to go beyond the first level of text and context to discern legislative intent."
Id. at 466.
So too here.Ā Although the circumstances here are, in many ways, the obverse of those in Lindsey,(9) we fully appreciate that the temporal disconnect that can obtain under ORS 12.110, as extended pursuant to ORS 12.160, and ORS 742.504(12)(a)(D), can yield incongruous results.Ā Most obviously, as a practical matter, the determination of the amount recovered from the underinsured tortfeasor might well, logically, precede ultimate recovery against the UIM insurer.Ā It may be that a more rational statutory approach could be constructed.Ā But that is not our constitutional role:
"If the legislature has chosen language that creates unexpected and unintended results, the legislature can amend the statute to express its actual intent.Ā It is not the function of a court to insert language that should have been added and ignore language that should have been omitted.Ā ORS 174.010."
Cole v. Farmers Ins. Co., 108 Or App 277, 280, 814 P2d 188 (1991).
The trial court correctly concluded that ORS 12.160 does not apply to, extend, or toll the two-year limitation of ORS 742.504(12)(a).Ā We turn, then, to plaintiff's alternative, waiver-based argument.
"Waiver is 'the intentional relinquishment of a known right, either in terms or by such conduct as clearly indicates an intention to renounce a known privilege or power.'" ĀDay-Towne v. Progressive Halcyon Ins. Co., 214 Or App 372, 382, 164 P3d 1205 (2007) (quoting Great American Ins. v. General Ins., 257 Or 62, 72, 475 P2d 415 (1970)).
As noted, in 2005, plaintiff's attorney sent a letter to defendant informing defendant that he had "been retained to represent the interests of [D], a minor" with regard to the accident.Ā Further, as noted, defendant responded by letter, on April 26, 2005, expressly acknowledging a "date of loss" of January 18, 2000, and stating:
"We understand that your client is interested in pursuing an underinsured motorist claim regarding [the] motor vehicle accident.Ā We have determined that our insured, [plaintiff], does have coverage under her policy for such a claim and we will make every attempt, once we have adequate information supporting [D's] claim, to reach an agreement with you as to the amount of benefits due under the policy. ĀThe only remaining issues are liability and damages due to your client.Ā If for some reason we are not able to reach an agreement as to the amount of benefits due under [plaintiff's] coverage, then please be advised that [we do] hereby consent to submit your client's underinsured motorist claim to arbitration as provided by the policy and that the arbitration be binding."
(Emphasis added.)Ā Roughly three months later, on July 22, 2005, defendant first asserted that ORS 742.504(12)(a) precluded recovery under the UIM policy.
Plaintiff contends that defendant's conduct antedating July 22, 2005--and, particularly, the language of the April 26, 2005 letter--effected a waiver of any reliance on ORS 742.504(12)(a).Ā In that regard, plaintiff emphasizes that that letter explicitly cross-referenced a "date of loss" more than two years before the letter and then, without any reference to ORS 742.504(12)(a) or any other temporal limitation, proceeded to acknowledge that "[t]he only remaining issues are liability and damages due to your client."Ā (Emphasis added.)Ā Plaintiff contends that, from those circumstances and reasonably related inferences, a trier of fact could properly find waiver.
Defendant counters with two arguments.Ā First, as a matter of law, the limitation described in ORS 742.504(12)(a) is not subject to waiver.(10)Ā Second, in all events, defendant's conduct before July 22, 2005, including the language of the April 26, 2005 letter, does not raise a triable issue of material fact as to waiver.Ā We begin by addressing the first assertion--which, logically, precedes the second--and reject both.
Defendant argues that the two-year limitation of ORS 742.504(12)(a) "is not the type of policy provision that can be waived." ĀWe disagree.Ā The doctrine of waiver applies broadly to any contract term. ĀBennett v. Farmers Ins. Co., 332 Or 138, 156, 26 P3d 785 (2001).Ā As a general rule, "[a] party to a contract may waive performance of any provision of the contract that is for its benefit."Ā South Lake Center v. Waker Associates, Inc., 129 Or App 581, 589, 879 P2d 1342 (1994).Ā In the context of an insurance contract specifically, "[c]onduct of an insurer after a loss has occurred that is inconsistent with a particular defense, especially where the insured has been * * * led to believe there is coverage, will constitute a waiver of the defense."Ā Richard A. Lord, 14 Williston on Contracts ¦ 41:26 (4th ed 2000).
Defendant cites no case law supporting its assertion that the UIM policy's two-year limitation, predicated on ORS 742.504(12)(a), is not waivable.Ā However, defendant contends generally that the limitation is not waivable because it is not a "condition of forfeiture."Ā As support for that general proposition, defendant invokes Farmers Ins. Co. v. Munson, 127 Or App 413, 418, 873 P2d 370, rev den, 320 Or 109 (1994), where we stated that "[w]aiver may be available to prevent an insurer from asserting a policy defense if the defense is a condition of forfeiture, but not if it is a condition of coverage."
Defendant is correct that the two-year limitation of ORS 742.504(12)(a) is not a condition of forfeiture.(11)Ā But defendant is wrong in its reading, and application, of Munson.Ā In Munson we did not say that the universe of insurance-related limitations is bifurcated, exclusively, into "conditions of coverage" or "conditions of forfeiture."Ā Nor did we say that an insurer can waive only conditions of forfeiture.Ā Rather, an insurer can waive limitations, other than conditions of forfeiture, so long as they are not conditions of coverage<(12)--and, here, there is no suggestion that the two-year limitation is a condition of coverage.(13)
Herman v. Valley Ins. Co., 145 Or App 124, 928 P2d 985 (1996), rev den, 325 Or 438 (1997), highlights the flaws in defendant's reasoning.Ā Herman involved a provision analogous to ORS 742.504(12)(a), ORS 742.240, which requires that a fire insurance policy contain the following provision:
"No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within 24 months next after inception of the loss."
There, the insured filed a complaint within 24 months of the loss but failed to properly name the insurer as a defendant--and her amended complaint that did properly name the defendant did not relate back to the original filing.Ā 145 Or App at 127-29.Ā The trial court granted summary judgment, based on the plaintiff's noncompliance with the policy provision incorporating the requirements of ORS 742.240.Ā Id. at 127.
On appeal, we affirmed.Ā In so doing, we held that the provision required under ORS 742.240 "is a contract condition rather than a statute of limitations."(14)Ā 145 Or App at 130.Ā At the same time, we rejected the plaintiff's argument that that limitation was a condition of forfeiture,(15) concluding that it was, instead, a "suit limitation provision":
"A condition of forfeiture exists when 'there is insurance coverage for the loss in the first place, but acts of the insured nullify the coverage * * *.' ĀABCD... Vision v. Fireman's Fund Ins. Companies, 304 Or 301, 307, 744 P2d 998 (1987). ĀA condition of forfeiture disallows claims that otherwise are covered under a policy. ĀA suit limitation provision, by contrast, does not nullify insurance coverage. ĀRather, it precludes an insured from starting an action against its insurer once the limitation period has passed, regardless of the extent of coverage."
Id. at 130-31.
Because the "suit limitation provision" in Herman was a contract condition, but neither a condition of forfeiture nor a condition of coverage, Herman illustrates that the universe of contract conditions is comprised of more than just conditions of coverage and forfeiture.Ā In addition, we held in Herman that "an insurer may be estopped from asserting a suit limitation provision as a defense to liability on an insurance policy, whether or not the provision is characterized as a condition of forfeiture."Ā Id. at 133.Ā We perceive no principled distinction as to why, if a "suit limitation provision" is susceptible to estoppel, it is not similarly susceptible to waiver.Ā Thus, by close analogy, Herman demonstrates that the two-year limitation at issue here can be waived by the insurer.
Given that conclusion, we address, finally, whether plaintiff has raised disputed issues of material fact as to defendant's purported waiver, precluding summary judgment.
"There is no genuine issue as to any material fact if, 'based upon the record before the court viewed in a manner most favorable to the adverse party, no objectively reasonable juror could return a verdict for the adverse party on the matter that is the subject of the motion for summary judgment.'"
Schaff v. Ray's Land & Sea Food Co., Inc., 334 Or 94, 99, 45 P3d 936 (2002) (quoting ORCP 47 C).Ā Applying that standard, we conclude that a reasonable trier of fact could find that defendant intentionally relinquished its right to rely on the two-year limitation of ORS 742.504(12)(a), as incorporated into the UIM policy.
On April 26, 2005--over five years after the accident and three years after expiration of the two-year limitation--defendant sent plaintiff's attorney a letter that explicitly identified the accident date.Ā In that letter, defendant acknowledged that plaintiff sought UIM benefits for her son and stated that it had "determined that [plaintiff] does have coverage under her policy for such a claim * * *."Ā (Emphasis added.)Ā The letter went on to state that "[t]he only remaining issues are liability and damages due to" plaintiff.Ā (Emphasis added.)Ā That letter was signed by a "claim representative"--and we do not understand defendant to dispute, for purposes of our review, that the representations in the letter were within that agent's authority and, thus, potentially were binding on defendant.(16)
It may be, as defendant contended in oral argument on appeal, that, in the totality of the UIM insurance claim processing context, defendant's statements in the letter were not intended to effect a waiver and were made for other reasons.Ā But that is a matter to be resolved by a trier of fact, and not by an appellate court.Ā On this record, a trier of fact could find that defendant, with full knowledge, voluntarily waived its ability to assert the defense afforded by ORS 742.504(12)(a).
Reversed and remanded.
1. However, as noted below, with respect to the question of defendant's purported waiver, the reasonable inferences that can be drawn from defendant's statements and conduct are disputed.
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2. Defendant provided PIP coverage, as well as UIM coverage, to plaintiff.
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3. That claim was subsequently settled for Watts's liability policy limits.
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4. UIM policies are subject to the same requirement by virtue of ORS 742.502(4) ("Underinsurance coverage is subject to ORS 742.504[.]".)
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5. As relevant to the issues raised in this appeal, there is no substantive difference between the version of ORS 742.504(12)(a) in effect at the time of the accident and the current version of the statute.
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6. At oral argument, for the first time, plaintiff suggested that there was a substantive difference between the statutory and policy language.Ā We decline to address that argument.Ā See ORAP 5.45(1) (claimed error must be preserved in trial court and assigned as error in opening brief to be considered on appeal).Ā Plaintiff stated in her memorandum in support of her motion for summary judgment that the policy provision set out above is consistent with ORS 742.504(12)(a).Ā In addition, she did not argue in her appellate brief that the two provisions are substantively different.
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7. We refer to the version of ORS 12.160 in effect when plaintiff filed her complaint.Ā Effective January 1, 2007, ORS 12.160 provides, in part:
"(1) ĀSubject to subsection (2) of this section, if a person is entitled to bring an action that is subject to the statutes of limitation prescribed by ORS 12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of action accrues the person is a child who is younger than 18 years of age, the statute of limitation for commencing the action is tolled for so long as the person is younger than 18 years of age."
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8. As originally enacted, ORS 742.504(12)(a) included three alternate ways in which a UIM claim could accrue.Ā Those three alternatives were substantively equivalent to the methods specified in ORS 742.504(12)(a)(A), (B), and (D).Ā The fourth provision at issue in this appeal, (C), was added by the Oregon legislature in 1997.
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9. Here, unlike in Lindsey, given the operation of ORS 12.160, plaintiff's filing (and service) of the personal injury liability action against Watts more than two years after the accident comported with ORS 12.110--but, nevertheless, did not satisfy ORS 742.504(12)(a)(D).Ā Conversely, in Lindsey, the plaintiff's filing of the personal injury action within two years of the accident, coupled with failure to effect timely service, did not comport with ORS 12.110--but did satisfy ORS 742.504(12)(a)(D).
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10. Defendant, at times in its brief, refers only to ORS 742.504(12)(a)(C).Ā We understand defendant to argue that ORS 742.504(12)(a), in its entirety, is not subject to waiver.
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11. See our discussion below, ___ Or App at ___ (slip op at 14-16), of Herman v. Valley Ins. Co., 145 Or App 124, 928 P2d 985 (1996), rev den, 325 Or 438 (1997).
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12. See, e.g., Munson, 127 Or App at 417 (doctrine of waiver cannot be applied to expand the scope of insurance coverage beyond that bargained for by the parties).
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13. Rather, as noted, defendant merely contends that the two-year limitation is not a condition of forfeiture.
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14. A contractual condition "'is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.'"Ā Hill v. Oland, 61 Or App 85, 90, 655 P2d 1088 (1982) (quoting Restatement (Second) of Contracts ¦ 224 (1981)).Ā
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15. The plaintiff in Herman argued that, if the provision embodied a condition of forfeiture, the defendant insurer, to prevail, would have to show both that her failure to comply with that condition was unreasonable and that her noncompliance prejudiced the insurer.Ā 145 Or App at 130.
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16. At oral argument, defendant suggested, for the first time, that the policy includes a nonwaiver provision that would prevent the April 2005 letter from effecting a waiver.Ā We decline to address this argument as an alternative basis for affirmance because it could potentially implicate development of the factual record, see Outdoor Media Dimensions Inc. v. State of Oregon, 331 Or 634, 659-60, 20 P3d 180 (2001), and because defendant did not cogently develop the argument in its briefs.
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text: jeff: > I switched to Data.Binary, which dropped me from 2.6GB to 1.5GB, and > then I switched this afternoon to unboxed arrays from lists of floats, > and that dropped me again from 1.5GB to 475MB. I think, all told, that > I'm in an acceptable range now, and thank you for pointing out the > library mistake. I'm also down from 1.5 minutes load time to under 10 > seconds of load time, which is also very very nice. Incidentally, the > code I'm now using is: Good! > > binaryLoadDocumentCoordinates :: > String -> IO (Ptr Float, Array.UArray Int Int) > binaryLoadDocumentCoordinates path = do > putStrLn "File opened" > coordinates <- decodeFile (path ++ "/Clusters.bin") :: IO > (Array.UArray Int Float) > print . Array.bounds $ coordinates > putStrLn "Got coordinates" > galaxies <- decodeFile (path ++ "/Galaxies.bin") :: IO (Array.UArray > Int Int) > putStrLn "Got galaxies" > coordinatesArr <- mallocArray . snd . Array.bounds $ coordinates > putStrLn "Allocated array" > pokeArray coordinatesArr . Array.elems $ coordinates > return (coordinatesArr, galaxies) > > binarySaveDocumentCoordinates :: String -> [Point] -> IO () > binarySaveDocumentCoordinates path points = do > let len = length points > encodeFile (path ++ "Clusters.bin") . (Array.listArray (0,len*3) :: > [Float] -> Array.UArray Int Float) . coordinateList . solve $ points > encodeFile (path ++ "Galaxies.bin") . (Array.listArray (0,len) :: > [Int] -> Array.UArray Int Int) . galaxyList $ points You could improve this further by removing the intermediate list serialisation and construction required by the UArray instance. My previous example did that, using Ptr Int arrays instead of UArray, which can then be serialised by casting to a bytestring, and writing those bytes directly, rather than serialising via lists, as UArrays do. Removing the UArray serialisation means no allocation overhead at all to serialise the Int array. That final step would reduce the memory overhead to exactly the size of the input file, and probably shave at least 50% off the time, if you need to further improve it. That is, you'd have: binaryLoadDocumentCoordinates :: String -> IO (Ptr Float, IntTable) where IntTable is a shallow wrapper over Ptr Int, serialised with the techniques used here, http://haskell.org/haskellwiki/Serialisation_and_compression_with_Data_Binary newtype IntTable = IntTable (Ptr Int) with a suitable Binary instance (possibly compressing it on the fly too). The general lesson is to avoid lists of any kind (including those constructed implicitly when serialising Arrays), as soon as you have more than 1M or so of data stored in those lists. -- Don


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19 March 2014 - Security Council - Post-conflict peacebuilding - Statement by Mrs. Béatrice Le Fraper, Judicial Counselor of the Mission of France to the United Nations
(UN translation)
I would like to thank the Deputy Secretary-General, Mr. Eliasson; the Chair of the Peacebuilding Commission (PBC), Ambassador Patriota; and the Administrator of the United Nations Development Programme (UNDP), Ms. Clark, for their briefings.
Two years after the publication of the Secretary-General's report on the issue of peacebuilding in the aftermath of conflict (S/2012/746), I think it is very useful for the Council to once again express its views on a subject that is at the heart of the work of the Organization. I would like to thank the Luxembourg presidency of the Council for convening this discussion.
I would like to recall some principles that France considers essential with regard to peacebuilding.
First, peacebuilding implies the establishment of inclusive processes, in particular of a national dialogue — of course, one that is inclusive in the sense mentioned by the Ambassador of Jordan in his statement today. In other words, it is not just a sharing of power and infrastructure; it is effectively finding a narrative that can lead to reconciliation. It was precisely to relaunch the national dialogue that had been obstructed and a conflict narrative that was going in contradictory directions that the Council visited Mali in early February to try to put the stabilization process back on a better basis.
Working to build peace after a conflict must also include all segments of society. We support the recommendations in the Secretary-General's report designed to ensure the active participation of women in peacebuilding processes. We often say that and do little, and therefore we need to make progress in that area. In that respect, the appointment of the interim Head of the Transitional Government in the Central African Republic, Ms. Samba-Panza, and the important place given to women in her Government has, we feel, been a good example of that. Over and above the participation of women, we must ensure the participation of all sectors of society in the transition process.
Another principle for establishing the bases for a lasting peace is the need to work on justice. Justice remains the key to all post-conflict stabilization. Through its practical experience in a number of countries, the Council has identified several key areas for intervention when it comes to justice — support for the criminal justice system, independent justice, the establishment of a prison system, security sector reform and support for the international criminal justice system.
National Governments bear the primary responsibility for bringing to justice and punishing those responsible for atrocities, including those committed in post-conflict situations. But when States fail in their responsibilities, the International Criminal Court must play its part. Cases from a number of countries in which we are involved in peacebuilding — the Central African Republic, Mali and the Democratic Republic of the Congo — have already been referred to the Court.
Finally, it is essential to begin long-term work to rebuild institutions that inspire public confidence. Again in reference to the Central African Republic, up until today, thanks to the action of the African force supported by the French Operation Sangaris, large-scale massacres have been avoided. However, we face a situation of insecurity borne of the collapse of the State. It is therefore essential, parallel to security measures, to act immediately to restore the State's authority and constructive relations with the society as a whole. For that, certain basic actions need to be carried out, such as ensuring that civil servants are paid, which would get the police and gendarmerie forces back to work, as well as the courts and detention centres.
We cannot simply separate the opposing armies. We also must arrest and bring to justice those who order or incite violence. We must also bear in mind the goal of holding elections no later than February 2015.
To re-establish the Central African Republic State, those projects need resources. With regard to those priority areas, the United Nations — today through the United Nations Integrated Peacebuilding Office in the Central African Republic and as soon as possible, we hope, through a peacekeeping operation — will have an essential role to play. The international community, however, must strengthen its mobilization in order to provide the means necessary. As emphasized by Ms. Clark, UNDP has a critical role to play in that regard. It has the ability to develop policies and to mobilize, as we saw in the Central African Republic, where the UNDP has shown its effectiveness and its ability to react in recent crises by setting up a multi-donor fund.
In the face of the challenge of peacebuilding, the United Nations offers an opportunity to act in a coordinated fashion. For our part, we would like to stress the need to proceed in stages and to think carefully about the various phases of transition. Peacekeeping operations themselves have now become multidimensional, and from their deployment try to respond to varying challenges in countries where State structures have practically disappeared.
It is important that peacekeeping operations pave the way for peacebuilding. We must explain, however, that those operations cannot in one year or in a few months accomplish a whole multitude of tasks. Previous speakers today have referred to the difficulties that we have encountered in South Sudan.
Moreover, there must be close cooperation between UNDP and the special political missions or the civilian component of peacekeeping operations, so as to avoid duplication. Exit strategies must be prepared, which should guide the action of missions on a daily basis. In those complex peacebuilding processes, I would like to stress the particular importance of reinforcing the link between the Special Representatives of the Secretary-General, who depend upon the resources provided by the peacekeeping operations or special missions, and the United Nations country teams, directed by the Resident Coordinators.
The country teams are expected to take over, at the appropriate moment, the leading of peacekeeping operations to ensure an effective transition towards development programmes. That is an important challenge, which we can see in countries such as Burundi and Sierra Leone. The international community must remain mobilized in those types of situations because, if we do not, we cannot exclude a relapse into conflict after the when different actors are demobilized.
Lastly, coordination among all actors contributing to peacebuilding is essential. Others before me have mentioned the New Deal for Engagement in Fragile States, endorsed in Busan at the end of 2011, which reminds us the necessity of coordination. The Peacebuilding Commission and the Peacebuilding Fund are entities that can play a very useful role in support of activities on the ground and to ensure the necessary synergies with the missions in place. In that regard, I welcome the establishment of justice/police oversight mechanisms in Liberia that are financed by the Peacebuilding Fund and supported by the United Nations Mission in Liberia. In our opinion, those are very interesting examples of cooperation among different United Nations actors.
We are certain tha the review of the Peacebuilding Commission architecture in 2015 will give us an opportunity to go even further in terms of coordination and the further strengthening of the role of the Peacebuilding Commission, an institution in which we truly believe and which has made a lasting contribution since its establishment to strengthening States in post-conflict situations.
To learn more on peacebuilding.


text:
The legendary island nation of Akora has shunned outsiders for centuries, but fate is about to deliver a young Englishwoman into the arms of its prince–and sweep them both into a daring love that knows no boundaries....
Lady Joanna Hawkforte spent her childhood reading about the wondrous beauty of Akora. But now the country of her dreams has become a symbol of her worst nightmare. Nine months ago her brother embarked on a dangerous journey to find the… (more)
Publisher: Bantam (December 18, 2007)
Format: EPUB
Page count: 384 pages
File size: 1.2 MB
Protection: DRM
Language: English


text:
Saturday, June 07, 2008
Book of Japanese Monster Anatomical Drawings
I was intrigued after looking at this cool picture of the anatomy of Godzilla. It was taken from a book about Japanese monster anatomical drawings that was originally edited and issued in 1972. I found out that they did a recent reissue of the book (2008 edition) and it was sold in Japan for a short period of time. You can't buy it in bookstores anymore because it was discontinued but I found a dude who is selling two copies of the 2008 edition on eBay. He also posted some photos. Pretty cool stuff.
Posted by I.Z. Reloaded at 4:29 PM
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This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 Singapore License.


text:
Eclair - Kiddy Grade
|Character: Eclair from Kiddy Grade
Costume made by: Speckles
Kiddy Grade is one of my all time favorite animes to date. It has such little love in the cosplay world so I couldn't deny myself from cosplaying from it. Worn for the first time at Amecon 2012. Most likely will be remaking the costume since after the first test run I found the dress was too short! Also I may have thought of a better way for the skin panel at the front to be stabilized so with any luck a new and improved Eclair costume will be done in the future. I need to replace the bra, my boobs were too much for those multiway bras with the clear straps in the middle, broke whilst in the hotel room and had to use invisible string to repair it briefly. Also want to get a new wig with a widows peak.
Construction notes:
The whole dress is red 4way stretch lycra, with yellow ribbon sewn as bias binding, in the future, will use actual bias binding since sewing it onto lycra is a nuisance. The sleeves took the longest to pattern, just made a bunch of paper mockups til I got the shape right. The final is lycra sewn onto structural foam to keep it's shape.
Boots are simple boot covers, there are some wonderful lycra boot cover tutorials online, check them out!
I <3 Eclair! I can't wait to see your progress on this!
Why thank you! Might be doing her next year since I am only allowed simple cosplays next year ^ ^'
Finally doing Eclair eh Specksama?? Have you found someone to do Lumiere?
Nupe haven't yet! However friend might be doing Eclair in the future too so could be her lumiere for her ^^
Brillaint! <3
Looking forward to seeing this.
~Ta-da!~ Awesome Eclair cosplay, did you meet up with Lumiere? XD
Thank youuuuu <3 Alas I couldn't find my Lumie! Maybe next time I will find her. After all, I would be totally toast without her ;)
Eclaaaaaaaaaaaire 8D Allmyhappiness
i dont know the character, but i just wanted to comment on how wonderfuly constructed the costume is!
I love the puffy sleeves so much, just perfect :)
you look awsome ^^
Wow Eclair cosplay.. never seen one of these before. Well done, looks spot on. :)
your performance in the masquarade was amazing
You look amazing! And I love the photos. <3
You looked fantastic in this.
Progress Journal
Well I managed to miss the deadling of May expo, too much was going on with university and thus eclair ended up very last minute and never got finished. Then at 5am I kinda blundered and ruined the original so the dress has to be made again. But at least the patterning is out the way so it shouldn't take long to re-make. Here is a progress picture of it all pinned together before I totally screwed it up!


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Oakley M Frames worn with Giro Saros helmet - PROBLEM
Hi folks,
I currently wear the OAKLEY M FRAMES for cycling and I am experiencing a problem when I wear them with the GIRO SAROS HELMET. The little logo inserts at the rear of the helmet next to the adjusting system get in the way of the ends of the sunglass arms. This means that I cant wear the sunglasses properly, and they keep shifting about on my forehead. Does anyone else experience this problem and if so, do you have any tips for solving this problem?????????? :D:D
|All times are GMT -6. The time now is 11:33 AM.


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Written on: 18/07/2011
Used on 10 year old cat, immediately started foaming at the mouth and moaning as if in pain. 24 hours later, still foaming and the amount of drool only increased. Took her to the vet and they said there is an ingredient in the cheaper stuff that is incredibly lethal and reactions are common. He said they're just best to avoid. Been given medicine to calm her reactions down, but she is not herself. I would avoid any sprays and products of this type and go for something better established: front line doesn't have the ingredient that seems to be causing so many pets to either get ill or die.
As rated by our community of reviewers
" Doesn't work " Read More
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Texas Tech went to work this week trying to improve its special teams — an area that was a strength through five games, but sprang all sorts of leaks Saturday. Tech's 42-35 win over Iowa State was made unnecessarily closer, largely because of special teams breakdowns. The Red Raiders allowed a kickoff-return touchdown, a turnover when a punt hit a return-team member, missed a field goal and had trouble fielding punts.
Sadale Foster said Tuesday he's being replaced as the primary punt-return man. Foster, who has 12 of the team's 20 punt returns this season, let a punt glance off his shoulder pad Saturday that the Red Raiders recovered.
"It's disappointing," Foster said, "but I understand that you've got to get the ball caught. I didn't do my job getting it caught. I let two on the ground in the last two weeks, so when you don't produce they have to find the next best man. But I feel like whoever gets the job done, it's OK with me and I'll make plays in other areas for us."
Special teams coach Trey Haverty looked at other punt-return options Monday and Tuesday.
Iowa State's Kirby Van Der Kamp punted 11 times for a 47.5-yard average Saturday. Nearly all of that flowed down to the Cyclones' net-punting results, too, since Foster and freshman Carlos Thompson managed four returns for a total of 2 yards.
"We've got to find somebody back there that'll catch a punt," Haverty said. "We don't care who it is, how they look, what they can do. The main thing is you've got to get the ball to our offense. Saturday we didn't do a great job of that."
Haverty noted that he and several other Tech coaches were spoiled during their playing days. They were contemporaries of ace punt-return man Wes Welker, who not only fielded punts with ease but spotted lanes for big returns.
Inside receiver Austin Zouzalik returned punts for the last four years, but his eligibility ran out in 2012.
"There's definitely some auditioning going on," Haverty said, "but it ultimately falls on me, and Saturday wasn't acceptable. I know that, and we've got to get it fixed."
Haverty said there'll also be changes to the kickoff-coverage unit that allowed a 95-yard return by Jarvis West.
"Quite a bit (of changes)," Haverty said. "I would probably say more than half. Not necessarily guys (replaced), but guys moving positions, and then we've got a couple of guys back that weren't there Saturday.
"There's definitely some changes done. We can't just let the status quo be a kickoff return (touchdown), so we've got to do our part to get it fixed."


text: A girl in my university (I don't know her personally) posted this to one of the school's Facebook pages for selling items and since that will only be seen by college students I wanted to help her broaden the reach, preferably to more qualified people. I reached out and got her permission to spread it to chaz. If there is anyone who can help, PM me! This is an older dog of a rarer breed and an overall sad situation; I can't imagine the stress of being taken out of a familiar environment at that age. I don't know if the picture will show up, but I'll try to add that as well. "My parents are leaving the country in a month, so we have to find our family dog (since I can't keep him in my house next year) a new home so he doesn't end up in the pound. Even if you can't take him, please share this to any family or friends that have been interested in getting a dog. Here's some information about him: Name: Jin Shik (pronounced: Jin Sheek) Breed: Jindo (they come from an island in Korea known as Jeju Island) Age: 11 Sex: Male Do we have his papers: YES Neutered: Yes (sorry, no Jindo pups!) Shots: Up to date Fencing: needed... he's too smart and will find ways to go explore the neighborhood Temperament: Very relaxed dog. Only barks at medium-large animals (besides dogs) that are intruding into the yard. Petting: LOVES IT!!! He will just let you pet him. Walks: LOVES THEM! We've witnessed him do 4 mile walks just fine. Dislikes: Thunder and water.. You have to be gentle when you bathe him, but he will let you do it! Other Pets: He needs to meet other dogs first and slowly get familiar with them. He was abused by another dog when he was younger (before we had gotten them) so he's not quick to trust other dogs. Here are some photos of Jin Shik"


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People's Republic of U.S. Treasury
Here's an ominous image of the U.S. Treasury Department building today, decked out with flags of the People's Republic of China, in honor of China's visiting president, Hu Jintao.
The flags are a common courtesy on the streets of Washington D.C. for visiting dignitaries. But given all of the U.S. Treasury debt held by the Chinese — $896 billion as of November, more than any other country, not counting mortgage debt — it has some unsettling overtones.


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Washington AC/DC - (Fruit-Rustling Mess): President Bush has complained to the secret service that pesky Mexicans have been stealing White House blackberries.
"And the raspberries, strawberries, loganberries, blueberries and all my other fruit," the furious commander-in-chief bellowed today.
"Laura's been specially raising them fruit for Jenna's Wedding Breakfast dessert," Bush added furiously.
"What we gonna feed the guests with now I don't know.
"But whoever's responsible will surely pay!"
The President's outburst comes amid reports that Mexican press attache Rafael Quintero Curiel was caught sneaking into White House greenhouses allegedly looking for proof of White House green house gas emissions.
One secret service source said today that when they caught him Curiel said he was just testing the fruit for carbon monoxide poisoning before promptly throwing up over twenty kilos of reddish-purple gunk.
Jenna Bush is 29.


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Career Backup Plans - Part Twofirst article, I reviewed career contingency planning largely centered around finances, insurance and legal issues associated with your previous employer. In this article well look at what to do next in terms of planning for your future.
Next Steps
At this juncture take a close look at your career and decide if a change is needed. Has the market changed yet your skills havent? Are you happy with your life? Is there a better use of your time? Is there a unique opportunity to pursue? Questions such as these are examples to consider. You need to make an honest self-appraisal and decide what interests you and in what direction to head with your career.
When assessing what to do next, there are at least three options to look at. On one hand, you can find another full-time employer and for some this is just what they want. Another opportunity is to pursue freelance/contract work. People who find this path are looking to have more control over their employment and are willing to take on the additional management costs in return for higher pay and more flexibility.
For others this is an opportunity to start their own business. If you are serious about this route, think through your business plan carefully. Starting your own business can seem great until you carefully analyze the investment to begin, ongoing cash flow and hours required. This can be a great career option for some yet disastrous for others.
The key with all the options is to think them through carefully and discuss your options with friends, family and colleagues that you trust. Any of the above opportunities may look fantastic to you but a disaster waiting to happen to others. If you believe in the dream, chase it but pay close heed to the counsel of others whom you respect before you jump. The balance of the article will largely focus on those seeking contract or full-time employment.
The Job Market
Carefully research the job market in the geographic areas you can work. Do they need the skills you have to offer or do you need to pick up some training and certifications? In general, it is a good idea to stay up on the market and get training even if you have to fund it yourself to remain marketable.
The main point here is you need to understand what makes people marketable in the field you are looking at and then take the correct steps to be successful in your pursuits.
Dust Off the Resume
Some people keep their resume constantly updated while others havent looked at theirs for a long time. During your planning, get the resume out and update it. If you are looking at several types of jobs then consider a resume tailored for each. In other words be sure that you identify the accomplishments and responsibilities you have experienced that are relevant to the resume.
Furthermore, get advice and/or professional help with your resume. There are for-fee services, friends who can critique, etc. Dont try to update and polish your resume on your own. There are a lot of ways to create a resume that work and a lot that do not. Leverage the experience of others.
One important thing: Dont lie. While embellishing and puffing up your resume is considered an art by some, it can become very apparent during interviews or early on in a new job whether you possess the skills you claim. If you dont, then your reputation can take a hit and in a small market word can get around. Samuel Clement offered some sage advice years ago when he said that by telling truth he had a lot less to remember.
Social Networking
In the good old days we met people face-to-face at parties, social clubs and sporting events and talked about career options. Today, we still have the tried and true methods and now sites like www.linkedin.com can help facilitate introductions as well.References make a dramatic difference when trying to talk to the right people about a career opportunity. Dont skip developing and maintaining a network of contacts when times are good because they will become vital if a career change is needed.
Job Sites
Being in IT we have many great job sites that can help us contact prospective employers. Sites such as Monster.com, Dice.com, and Careerbuilder.com have proven track records. These sites are expanding and are offering premium fee-based and free services. Take the time to understand their offerings and craft your responses to their questions in a manner that maximizes employer interest.
Be very careful when putting in salary expectations, whether you want full-time only or will consider contract work, etc. These are all filtering questions and they may very well exclude you from positions that you would have considered had you only known that they existed.
Some bemoan recruiters but the truth is they serve a very important role in that they can leverage networks of employers and job seekers and broker meetings. In return for their efforts they often get some percentage of the starting salary paid by the employer. Take the time to identify local, regional and, if relevant, national recruiters that can help you in your journey.
Searching for a new job can be stressful. While it is easy to focus on the logical side of the search, it also helps to realize that there are variables outside of your control. Rather than dwell on them, focus on the positive aspects and where you want to go. Its all too easy to slip into depression and lash out unless you direct your energies to creative goals. Planning can help you do just this.
In closing, changing careers can be a welcome, or unwelcome, opportunity. By preparing for it and choosing the paths that you will follow then you are reducing the number of decisions that you must make in a rush. In the end, where you go from here is entirely up to you.
George Spafford is a Principal Consultant with Pepperweed Consulting and a long-time IT professional. George's professional focus is on compliance, security, management and overall process improvement.


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My Nonprofit Reviews
Review for National Parks Conservation Association, Washington, DC, USA
I love visiting the National Parks and National Monuments, and when I got a solicitation letter today I considered donating to this organization. However, after visiting GuideStar and looking at the 990s filed the past few years, I will NOT be sending them any money! Their expenses are outrageous, and they pay their employees too much of the funds donated. The grants to other organizations are petty relative to the money they rake in. Shame on you!!!
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Edinburgh Airport Valet Parking
Looking for a simple and hassle-free parking solution at Edinburgh Airport? Valet parking is the answer with its drive-up and drop-off convenience saving precious time as you head to the check-in desks.
Using this service is fast and easy; simply drive to the car park, drop-off your keys and take the short walk to the check-in desks – while one of the fully insured valet drivers parks your car for you. It's the ultimate in arrive-and-fly parking.
Arrival procedure
- Approach the car park using the green lane on the left for authorised vehicles.
- Use the right-hand valet barrier where automatic number plate recognition (ANPR) software will confirm your booking and grant entry
- Drive to the valet parking area just outside the terminal where you will be met by a driver
Departure procedure
- Your car will be waiting in the Valet parking area when you return.
Transfers to and from Edinburgh Airport
The car park is a two-minute walk from the terminal building, so there's no need to take a transfer.
Valet Parking is fully secure and a holder of the Park Mark Safer Parking Award; it features CCTV, security lighting and regular patrols by security staff.
Disabled facilities
This service is ideal for travellers with reduced mobility.
Important information
This is a valet parking facility, which means your car will be parked for you. You will need to leave your keys. Minimum stays and charges apply. The car park is priced per 24hr period; an additional charge will be levied upon exit, should you exceed the number of days you have pre-paid for.


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strategies for southpaw
Not a thread asking HOW to fight someone in the opposite stance because there is a lot of them but more of a how do you personally like to approach fighting a southpaw or if you are a southpaw what are some tricks/tips you do?
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Personally i approach a southpaw like i approach anybody else. First minute or so im not doing much, just studying. Trying to see what he is trying/wanting to do, capable of, strengths, movement, speed, etc.
Getting a read on these will help me determine what i want to do, and how i want to approach. For instance conventional wisdom says you want to keep your lead foot outside of his lead foot, circling away from his power hand, etc. Yet in reality, mahbe his lead hand/hook is his best punch....and you definitely dont want to circle into that punch. So yeah, just getting a read on him.
As far as my own attack, just depends on what he is trying to do. In most cases, ill start off with some jabs upstairs to see how eefective they will be/if they will land. After some of these, ill follow up the jab with a right downstairs...start changing levels. Then ill start jabbing to the body, eventually bringing a right hand afterwards upstairs. Lead rights to the body, left hooks upstairs. Etc.
Just depends on what he is trying to do, as far as being agressive or whatnot. Thats just a taste of how i start out. Im always lookinng to counter, especially on less skilled southpaws just trying their 1-2 and whatnot.
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A Dallas City Council committee Monday unanimously voted for an exception to rules that forbid alcohol sales within 300 feet of schools.
Kroger Co. is seeking to open a supermarket near Spence Middle School. The grocery store would be part of a $70 million mixed-used project that includes an LA Fitness Club and residential units.
But the store location is just across the street from Spence Middle School, and within the 300-foot limit in which alcohol sales are currently forbidden. The developer said the front of the store would face away from the school, with doors much farther than 300 feet from the school's doors.
"Kroger is very interested in the site, but they're not interested in the site if they cannot sell beer and wine to compete with other grocery stores in the area," said Barry Knight, an attorney representing the developer.
The Dallas City Council Economic Development committee recommended changing the 300-foot rule to help Kroger open the store.
Under Texas state law, variances to the rule is allowed with local government approval. But Dallas passed its own measure in 2003 that forbids variances from the 300-foot distance requirement.
The developer is not requesting any city tax abatement, and the property is already properly zoned for such a project. It would be built on the former site of a Loews Theatre that recorded a high crime rate on Haskell Avenue near Central Expressway.
"It's good for the neighborhood. It's good for the community. It's good for the city of Dallas, so I'll be supporting it 100 percent," said Councilman Jerry Allen.
He and other council members said the development would bring the city additional sales and property taxes that could help children in the neighborhood.
"You got to have that money," Allen said. "So it's a bigger picture than just trying to zero in and say, 'Well, it's within 300 feet.'"
But Councilman Steve Salazar warned that the committee sent a message with Monday's vote.
"I don't want us to be confused, that when a Super Mercado or Monterrey or another supermarket comes down here and asks for the same thing, we're going to give it to them. We're setting a precedent today," Salazar said.
Councilwoman Ann Margolin said it is not a negative precedent.
"I think we just continue to take these on a case-by-case basis," she said.
Some neighbors said they are not pleased with the idea of alcohol so close to the school.
"It's a bad idea for the kids," Sara Mendoza said.
Neighbor CiCi Longoria, whose grandson attends Spence Middle School, agreed.
"I wouldn't want it that close to the school. I don't think it's right," she said.
The full City Council must still approve the committee recommendation for new rules, and the developer must then apply for and be granted the variance. But Monday's unanimous committee vote carries great weight for helping Kroger's plans.
"If we miss the end-of-the-year window on this, then the deal is probably going to go down the tubes," Councilman Ron Natinsky said.


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