text:
U.S. Code of Federal Regulations
Regulations most recently checked for updates: Oct 27, 2020
(a) In general. Except as provided in paragraph (c) of this section (relating to distributions on account of an unforeseeable emergency), paragraph (e) of this section (relating to distributions of small accounts), § 1.457-10(a) (relating to plan terminations), or § 1.457-10(c) (relating to domestic relations orders), amounts deferred under an eligible plan may not be paid to a participant or beneficiary before the participant has a severance from employment with the eligible employer or when the participant attains age 70
(b) Severance from employment - (1) Employees. An employee has a severance from employment with the eligible employer if the employee dies, retires, or otherwise has a severance from employment with the eligible employer. See regulations under section 401(k) for additional guidance concerning severance from employment.
(2) Independent contractors - (i) In general. An independent contractor is considered to have a severance from employment with the eligible employer upon the expiration of the contract (or in the case of more than one contract, all contracts) under which services are performed for the eligible employer if the expiration constitutes a good-faith and complete termination of the contractual relationship. An expiration does not constitute a good faith and complete termination of the contractual relationship if the eligible employer anticipates a renewal of a contractual relationship or the independent contractor becoming an employee. For this purpose, an eligible employer is considered to anticipate the renewal of the contractual relationship with an independent contractor if it intends to contract again for the services provided under the expired contract, and neither the eligible employer nor the independent contractor has eliminated the independent contractor as a possible provider of services under any such new contract. Further, an eligible employer is considered to intend to contract again for the services provided under an expired contract if the eligible employer's doing so is conditioned only upon incurring a need for the services, the availability of funds, or both.
(ii) Special rule. Notwithstanding paragraph (b)(2)(i) of this section, the plan is considered to satisfy the requirement described in paragraph (a) of this section that no amounts deferred under the plan be paid or made available to the participant before the participant has a severance from employment with the eligible employer if, with respect to amounts payable to a participant who is an independent contractor, an eligible plan provides that -
(A) No amount will be paid to the participant before a date at least 12 months after the day on which the contract expires under which services are performed for the eligible employer (or, in the case of more than one contract, all such contracts expire); and
(B) No amount payable to the participant on that date will be paid to the participant if, after the expiration of the contract (or contracts) and before that date, the participant performs services for the eligible employer as an independent contractor or an employee.
(c) Rules applicable to distributions for unforeseeable emergencies - (1) In general. An eligible plan may permit a distribution to a participant or beneficiary for an unforeseeable emergency. The distribution must satisfy the requirements of paragraph (c)(2) of this section.
(2) Requirements - (i) Unforeseeable emergency defined. An unforeseeable emergency must be defined in the plan as a severe financial hardship of the participant or beneficiary resulting from an illness or accident of the participant or beneficiary, the participant's or beneficiary's spouse, or the participant's or beneficiary's dependent (as defined in section 152, and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), (b)(2), and (d)(1)(B)); loss of the participant's or beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, such as damage that is the result of a natural disaster); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant or the beneficiary. For example, the imminent foreclosure of or eviction from the participant's or beneficiary's primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable emergency. Finally, the need to pay for the funeral expenses of a spouse or a dependent (as defined in section 152, and, for taxable years beginning on or after January 1, 2005, without regard to section 152(b)(1), (b)(2), and (d)(1)(B)) of a participant or beneficiary may also constitute an unforeseeable emergency. Except as otherwise specifically provided in this paragraph (c)(2)(i), the purchase of a home and the payment of college tuition are not unforeseeable emergencies under this paragraph (c)(2)(i).
(ii) Unforeseeable emergency distribution standard. Whether a participant or beneficiary is faced with an unforeseeable emergency permitting a distribution under this paragraph (c) is to be determined based on the relevant facts and circumstances of each case, but, in any case, a distribution on account of unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or by cessation of deferrals under the plan.
(iii) Distribution necessary to satisfy emergency need. Distributions because of an unforeseeable emergency must be limited to the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay for any federal, state, or local income taxes or penalties reasonably anticipated to result from the distribution).
(d) Minimum required distributions for eligible plans. In order to be an eligible plan, a plan must meet the distribution requirements of section 457(d)(1) and (2). Under section 457(d)(2), a plan must meet the minimum distribution requirements of section 401(a)(9). See section 401(a)(9) and the regulations thereunder for these requirements. Section 401(a)(9) requires that a plan begin lifetime distributions to a participant no later than April 1 of the calendar year following the later of the calendar year in which the participant attains age 70
(e) Distributions of smaller accounts - (1) In general. An eligible plan may provide for a distribution of all or a portion of a participant's benefit if this paragraph (e)(1) is satisfied. This paragraph (e)(1) is satisfied if the participant's total amount deferred (the participant's total account balance) which is not attributable to rollover contributions (as defined in section 411(a)(11)(D)) is not in excess of the dollar limit under section 411(a)(11)(A), no amount has been deferred under the plan by or for the participant during the two-year period ending on the date of the distribution, and there has been no prior distribution under the plan to the participant under this paragraph (e). An eligible plan is not required to permit distributions under this paragraph (e).
(2) Alternative provisions possible. Consistent with the provisions of paragraph (e)(1) of this section, a plan may provide that the total amount deferred for a participant or beneficiary will be distributed automatically to the participant or beneficiary if the requirements of paragraph (e)(1) of this section are met. Alternatively, if the requirements of paragraph (e)(1) of this section are met, the plan may provide for the total amount deferred for a participant or beneficiary to be distributed to the participant or beneficiary only if the participant or beneficiary so elects. The plan is permitted to substitute a specified dollar amount that is less than the total amount deferred. In addition, these two alternatives can be combined; for example, a plan could provide for automatic distributions for up to $500, but allow a participant or beneficiary to elect a distribution if the total account balance is above $500.
(f) Loans from eligible plans - (1) Eligible plans of tax-exempt entities. If a participant or beneficiary receives (directly or indirectly) any amount deferred as a loan from an eligible plan of a tax-exempt entity, that amount will be treated as having been paid or made available to the individual as a distribution under the plan, in violation of the distribution requirements of section 457(d).
(2) Eligible governmental plans. The determination of whether the availability of a loan, the making of a loan, or a failure to repay a loan made from a trustee (or a person treated as a trustee under section 457(g)) of an eligible governmental plan to a participant or beneficiary is treated as a distribution (directly or indirectly) for purposes of this section, and the determination of whether the availability of the loan, the making of the loan, or a failure to repay the loan is in any other respect a violation of the requirements of section 457(b) and the regulations, depends on the facts and circumstances. Among the facts and circumstances are whether the loan has a fixed repayment schedule and bears a reasonable rate of interest, and whether there are repayment safeguards to which a prudent lender would adhere. Thus, for example, a loan must bear a reasonable rate of interest in order to satisfy the exclusive benefit requirement of section 457(g)(1) and § 1.457-8(a)(1). See also § 1.457-7(b)(3) relating to the application of section 72(p) with respect to the taxation of a loan made under an eligible governmental plan, and § 1.72(p)-1 relating to section 72(p)(2).
(3) Example. The provisions of paragraph (f)(2) of this section are illustrated by the following example:
(ii) Conclusion. The making of the loan to J will not be treated as a violation of the requirements of section 457(b) or the regulations. The cancellation of the loan at severance from employment does not cause Plan X to fail to satisfy the requirements for plan eligibility under section 457. In addition, because the loan satisfies the maximum amount and repayment requirements of section 72(p)(2), J is not required to include any amount in income as a result of the loan until 2005, when J has income of $2,250 as a result of the offset (which is a permissible distribution under this section) and income of $77,750 as a result of the distribution made in 2005.


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Employment agreements are enforced under state law. So it is vital to understand which state law is applicable to the contract. One way to avoid uncertainty on the issue is to state in the agreement what particular state law governs, but it is necessary to select a state law that has a defensible nexus to the employment relationship. This outline will discuss drafting considerations that might be used in drafting effective executive employment contracts.
Drafting the Employment Agreement
1. In General. The terms of a contract should be in writing understandable to and understood by the parties.
2. The Preamble. Employment agreements are contracts that establish a legal relationship between the employer and employee who enter into the employment relationship. The essential elements of a contract are: (i) offer; (ii) acceptance; and (iii) consideration. The preamble, or preliminary statement at the beginning of the employment agreement, establishes the existence of contract essentials, and the parties' mutual assent to the terms of the employment agreement.
3. Term: Avoiding Automatic Renewal. The purpose of a clause establishing the term of employment is to define the beginning of and, more importantly, the end of the employment relationship. This can be a trap for unwary employers who fail to expressly provide for termination
of the employment relationship on a date certain unless extended in writing by the agreement of the employer and employee.
(a) This qualifying language is essential because employment agreements do not necessarily expire on the termination date. Under common law, if an employee hired for a specified term of one year or more continues to work in the same job after the term expires the employment contract is presumed to extend for successive terms. 2 Williston on Contracts §6.42, at 452 (Lawyers Cooperative Pub. 4th ed. 1991); see also 17A Am. Jur. 2d Contracts §605 (1991).
(b) This common law rule is valid today and has been upheld in New York and other states including California and Maryland. See, e.g., Cinefot Int'l Corp. v. Hudson Photographic Industries, 196 N.E.2d 54 (N.Y. 1963); Otten v. San Francisco Hotel Owners Assoc., 168 P.2d 739 (Cal. Ct. App. Dist. 1946); Kropfelder v. Snap-On Tools Corp., 859 F. Supp. 952 (D. Md. 1994); See also 27 Am.Jur.2d Employment Relationship §31 (1996).
(c) The presumption of automatic renewal may be overcome by proof that the parties intended otherwise, or proof of a new agreement. The following provision expressly states the parties' mutual intention to end the employment relationship at the close of the employment term.
4. Employment Duties: Reserve the Right to Reassign and Require Compliance with Company Rules and Policies. Many employees only want to do particular tasks (e.g., the duties of an executive). Employers will most often want to retain the flexibility to use the employee where needed, especially if conditions change during the term of employment. The employer and employee should understand and agree upon the duties that the employee will be responsible for performing. The description of job duties could be specific but may be broadly stated to permit the employer to reassign the employee to another position with different responsibilities. This may become a matter of intense negotiation.
(a) A general statement of duties and the right to reassign may avoid constructive discharge, or breach of contract claims resulting from a change of duties or position. A reduction in rank or a change of the duties that the employee is engaged to perform may be a violation of an employment contract that is specifically drawn as to duties, and the basis of an action for damages for breach of contract.
(b) Significantly, an employee's refusal to perform assignments amounting to a reduction in rank or change of duties, in defense of his contractual rights may not constitute insubordination in some states. The employee' refusal to perform duties contemplated or expressly required in the employment agreement, on the other hand, may constitute insubordination, violate the employee's contractual duty, and justify discharge without liability to the employer. See, David J. Oliveiri, Annotation, Reduction in Rank or Authority or Change of Duties as Breach of Employment Contract, 63 A.L.R.3d 539 (1975) (collecting cases).
(c) In any event, the description of job duties should also include abiding by the employer's rules and policies as part of the employee's responsibilities.
5. Conflicts of Interest and Best Efforts. Employers want assurance that their employees are not distracted from maximal performance because they are "moonlighting" in other jobs, or involved in any other activities that detract from their ability to devote their time and energies to the employer, or may be detrimental to the employer's business and reputation.
Employers also want assurance that their employees are giving their best effort; after all, the employer hired them to do the job well, not just go through the motions.
(a) Employers should carefully consider the effect of state laws on their ability to limit the off-duty activities of the employee. At least 28 states and the District of Columbia have statutes that forbid employment discrimination based on off-duty tobacco use.
(b) New York State, in particular, has a "legal activities" law that prohibits adverse employment actions based on an employee's legal, off-duty recreational and political activities, and use of consumable products such as tobacco. (N.Y. Law. Law §201-d). Colorado and North Dakota also attempt to protect "legal activities" of employees. Col. Rev. Stat. §2434-402.5 (West Supp. 1997); N.D. Cent. Code §14-02.401. Employers and their legal counsel should consult these laws to determine their applicability before drafting a conflicts of interest and best efforts clause.
(c) Additionally, employers may use this provision to emphasize the fiduciary duty that high-ranking employees with decision-making authority owe the employer. An important element of this fiduciary duty is the duty not to take personal advantage of potential business or so-called "corporate opportunities," and to present those opportunities to the employer. See Steven H. Winterbauer, The Corporate Opportunity Doctrine: What Employers Should Know, 18 Employee Re. L.J. 391 (1992).
6. Employee Compensation and Benefits. The employment agreement should definitively state how much and when the employee will be paid. State law will have to be consulted to see whether salary may be paid by direct deposit or check and how often salary must be paid. The easiest method of accomplishing this is to provide for salary payments in accordance with the employer's regular payroll practices.
(a) Bonuses. Bonuses come in many varieties including a sign-up bonus, a regular periodic or annual bonus, a stay bonus, and incentive bonus. The key is to make the determination to pay and the amount of any bonus subject to the employer's sole discretion. Statements that the employer will exercise its discretion "in good faith" should be avoided because they lead to costly litigation to interpret the meaning of "in good faith." The best bonus provisions simply provide that the employee may be eligible for additional compensation as determined by the employer.
(b) Many companies have executive bonus plans. The contract should spell out whether the employee is to benefit from such plans.
7. Employee Benefits. The employment agreement should make the employee aware of the benefit plans available from the employer. Employee benefit programs, such as health and life insurance, 401(k), and pension plans are subject to frequent modifications and changes of providers. Therefore, the most efficient way to address this issue in an employment agreement is to offer the employee the same benefits in effect for other executive-level employees. This avoids the necessity of amending the employment agreement every time there is a change in an employee benefit plan.
8. Vacation and Expenses. The employment agreement may refer to the employer's practice for other executive-level employees, but it is preferable to state how much vacation the employee is eligible for, when it may be taken, and whether the employee will be paid for unused vacation. The employment agreement should also specify the business related expenses that will be reimbursed to the employee.
9. Withholding from Salary and Benefits. The employment agreement should provide for deductions from salary and benefits for applicable federal, state, and local taxes, and required employee contributions to benefit plans.
(a) Most states limit the deduction that employers may take from an employee's pay. Deducting employee debts, advances, or loans is also problematic especially when a bank seeks to deduct loan repayments against salary or an employee account. In New York, for example, other than very limited circumstances, the Department of Labor disallows such deductions from salaries. (N.Y. Labor Law §193 (McKinney 1986)).
10. Termination of the Employment Agreement. The employment agreement should state the obvious: the contract terminates upon the death of the employee. This is important so the employee's estate does not claim it is entitled to compensation, with the exception of accrued salary, benefits, and life insurance proceeds.
(a) Disability. The employment agreement should anticipate that the employee may be unable to perform his or her responsibilities because of a disability. The employment agreement, however, does not supersede the employer's obligations under the ADA and the FMLA, which must be carefully considered in dealing with employees.
(i) In general, the ADA prohibits discrimination against a person with a disability (real or perceived) who can perform the essential functions of the job with or without reasonable accommodation.
(ii) The FMLA mandates 12 weeks of unpaid leave for employees in any 12- month period, including medical leave for the employee's serious health conditions, and restoration to the employee's former position upon completion of leave. The FMLA contains a limited exception for highly compensated employees. The employer may deny reinstatement to an employee (upon written notice to the employee) who is in the highest paid 10% of the employer's work force, if returning the employee to work would cause "substantial and grievous economic injury" to the employer's business.
(iii) ADA and FMLA requirements, in addition to applicable state and local laws, should be consulted before the employer exercises its rights under the disability termination provision of the employment agreement.
(b) Notice (Without Cause). Most employment agreements reserve the right of either party to terminate the employment relationship after a specified notice period. The notice termination provision should expressly provide for the termination of the employer's obligations (except for accrued salary and benefits) and the continuation of the employee's obligation to comply with any noncompete clause or other restrictive covenant.
(i) It is particularly difficult to enforce noncompetition clauses and other restrictive covenants when the employer terminates the employee's services. Therefore, many employment agreements provide additional consideration for the employee's compliance. Severance payments may also serve as consideration for a waiver and release of the employee's claims against the employer arising out of the employment relationship, or the termination of employment.
(c) Termination for Cause. Employment agreements often specify "cause" for discharge to avoid uncertainty over the circumstances under which the employer, employee, or both may terminate an employment agreement without continuing liability for the balance of the agreement's terms.
(i) If the parties to the employment agreement do not specify what constitutes cause, the decision will be left to the court if one party believes the other has done something inimical to its contractual obligations. The majority of courts have adopted the Restatement Second, Agency approach which provides in pertinent part:
A principal is privileged to discharge before the time fixed by the contract of employment an agent who has committed such a violation of duty that his conduct constitutes a material breach of contract, or who without committing a violation of duty, fails to perform or reasonably appears to be unable to perform a material part of the promised service because of physical or mental disability.
Restatement Second, Agency §409(1)(1958); see Trachten, Formal Employment Contracts; Wrongful Termination Claims, 558 PLI/Lit 87 (1996) (discussing the "cause" standard in employment agreements).
(ii) Employers must specify what conduct constitutes "cause" to avoid the vagaries of a court under this ambiguous standard. Significantly, many courts require good faith and fairness as an essential component of "cause" although the employment agreement may not. The list of specific grounds for termination should include a provision that "cause" includes any unforseen circumstances that amounts to a breach of duty, contractual or otherwise, that the employee owes to the employer.
11. Noncompetition Agreements and Restrictive Covenants. Every employer dreads the prospect of a trusted, executive-level employee departing to work for a competitor or to start a competing business.
(a) A well drafted noncompetition provision includes agreements by the departing employee:
- Not to compete either during or for a specified time period after employment;
- Not to induce other employees to leave the employer; and
- Not to divulge the employer's trade secrets or confidential information.
(b) The enforceability of noncompetition and confidentiality provisions are matters of state law. Some states, including Montana and North Dakota, prohibit covenants that restrain employees from engaging in a lawful profession, trade, or business. Mont. Code Ann. §28-2-703 (1977); N.D. Cent.Code §9-08-06 (1987). California is well known for its statutory and case law purporting to hold noncompete agreements void and unenforceable; however, limited restraints on departing employees may be enforceable. See Mainland, Contracts Limiting Competition by Former Employees: A California Perspective, 340 PLI/Pat 119 (1992).
(c) Other states, including Louisiana and South Dakota void any covenant extending more than two years after the employment relationship ends. La.Rev.Stat.Ann. §23:291C; S.D. Codified Laws §53-9-11 (Michie 1990).
(d) Still other states, notably New York, do not have specific statutes but determine the enforceability of noncompetition agreements by balancing the respective interests of the employee (in making a living) and the employer (in protecting its business) focusing on public policy disfavoring competitive restrictions.
(e) The standards for enforcement of confidentiality and trade secret provisions are equally varied. For example, 42 jurisdictions have adopted all or portions of the Uniform Trade Secrets Act, 14 U.L.A. 150 (West Supp. 1997), as amended and approved by the National Conference of Commissioners on Uniform State Laws in 1985. New York, on the other hand, is among the states that have relied on the definition and formulation of trade secrets and confidential information contained in the Restatement, Torts §757, Comment d (1939).
(f) Employers and their legal counsel may wish to consult the following sources for preparing enforceable noncompetition agreements and restrictive employment covenants. Richey, Covenants Not to Compete: A State-by-State Survey, Section of Labor and Employment Law, American Bar Association (BNA, 1991 and Supp. 1995); Victoria A. Cundiff, The Departing Employee Toolbox: How to Construct Contracts that Meet Real Business Needs, 20 Employee Rel. L.J. 481 (1994) Schneider and Arnold, Trade Secrets and the Peripatetic Employee, 196 PLI/Pat 237 (1985); James E. McKinney, Noncompetition Clauses in Executive Employment and Severance Agreements, 16 Employee Rel. L.J. 29 (1990).
(g) Despite these differences, it is universally true that noncompetition and confidentiality provisions that are drafted with the particular employee's duties in mind, and are carefully tailored to protect the employer's legitimate business interests, are the most likely to be enforced in court. Blanket use of boilerplate language obscures the interests that the employer is entitled to protect. Even worse, it could leave the employee seriously confused about what information is subject to protection, or cause the court to conclude that the employer is overreaching and deny enforcement of the provision. Even if state law and the employment agreement permit the court to modify or "blue pencil" the provision so it is enforceable, it is still best to try to limit restrictions to the reasonable range.
12. Inventions and Improvements. Employment agreements for employees such as writers, architects, engineers, or designers should include a provision making any invention or discovery conceived by the employee the employer's property, and require the employee to cooperate in securing the employer's property right to the invention, discovery or writing. The potential for employer overreaching is a problem here as well. Several states including California, Minnesota, and Washington have laws prohibiting employment contracts that require employees to sign over their inventions and discoveries in areas outside the employer's business interests. Cal. Lab. Code §2870 ( West Supp. 1998); Minn. Stat. Ann. §181.78 (West 1993); Wash. Rev. Code Ann. §49.44.140 (West 1990).
13. Protection Against the Employee's Obligations to Former Employers. The employee's former employers may be just as concerned about protecting their confidential information and other legitimate business interests as you are about protecting yours. An appropriate clause will remind the employee about his or her obligations, if any, and potentially avoid costly and
damaging litigation if the new employer improperly, albeit unknowingly, benefitted from the former employer's confidential information.
14. The Employee's Post-Employment Duties. The employer should require the employee to return all the employer's property and business-related materials prepared by the employee when the employment relationship ends. The employer should also require the employee to make himself available for any litigation the employer may become involved in that would require information from the employee.
15. Alternative Dispute Resolution—Arbitration. Many employers include arbitration provisions in their employment agreements requiring employees to submit any employment dispute that may arise to arbitration.
(a) Arbitration is an attractive alternative to the present system of protracted and expensive litigation of employment disputes. However, arbitration may encourage litigation by its speed and relatively low cost. Now that most discrimination claims are jury trials, employers are rightly concerned that runaway jurors might not understand business needs and impose their own standards when they disagree with the employers' judgments. Consequently, many employers are imposing alternative dispute mechanisms for resolution of employee disputes, especially those involving claims of violations of law (statutory, contractual, or tort).
(b) Since the U.S. Supreme Court's decision in Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (1991), the overwhelming majority of courts have upheld the enforceability of written arbitration agreements requiring submission of employment disputes to arbitration under the FAA. The FAA established a strong federal policy favoring arbitration that extends to discrimination as well as other employment claims. However, potential plaintiffs still seek to avoid arbitration and invoke juries.
(i) Enforcement of arbitration agreements is subject to defenses that apply to contracts in general including unconscionability, fraud, and lack of consideration. Some courts have refused to enforce arbitration agreements when the individual seeking a jury trial signed an agreement without knowing its terms. See e.g., Prudential Ins. Co. of America v. Lai, 42 F.3d 1299 (9th Cir. 1994), cert. denied, 516 U.S. 812 (1995) (plaintiff's claim of sex discrimination and sexual harassment held not subject to arbitration because she did not "knowingly" agree to arbitrate employment disputes).
(ii) Further, the EEOC with its backlog of cases, reaffirmed its long-standing opposition to mandatory arbitration of employment discrimination claims in its "Policy Statement on Mandatory Arbitration" issued July 10, 1997 (DLR 7/11/97 at AA-1). Citing "inherent limitations" that cannot be cured by improving systems of mandatory arbitration such as "lack of public disclosure," severe limitation of judicial review, and "structural biases" against employees, the EEOC confirmed that it will continue to challenge the legality of mandatory arbitration agreements. The EEOC, however, reaffirmed its support for voluntary post-dispute arbitration at the employee's election.
(c) Therefore, if an employer favors arbitration it is imperative that the employer clearly and unambiguously require binding arbitration of all disputes in any way relating to the employment relationship or the termination of that relationship. Arbitration clauses are generally enforceable in court so long as the procedure is fair, the outcome can be the same as a jury trial, and the employee knew that he or she was agreeing to final and binding arbitration.
16. Applicable Law. Employers should specify the state law that will be applicable to resolving disputes under the employment agreement. Choice of law provisions in written employment agreements are routinely upheld by courts if there is a nexus to the employment. See State Labor Law Developments, 8 Lab. Law. 618 (1992) (and supplements collecting cases).
(a) If the employment agreement does not specify the laws of a particular state, the courts will apply choice of law rules to determine which state law controls, and could potentially defeat the employer's ability to enforce the employment agreement—particularly the noncompetition provisions and confidential information.
(b) Therefore, employers and their counsel should specify the applicable state laws with full enforcement of the employment agreement in mind.
17. Judicial Forum. Employers should use the employment agreement to select a judicial forum for litigation of disputes concerning the interpretation of the agreement and enforcement of the noncompetition provision and restrictive employment covenants. The forum should be conveniently located for the employer and offer familiar court rules and procedures to the employer's legal counsel. A convenient and familiar forum allows counsel to expedite court injunctive proceedings to prevent disclosure of trade secrets or confidential information, or breach of other restrictive employment covenants.
18. Assignment. The employer should reserve the right to assign the employment agreement so a successor employer may benefit from the employee's services in the event of a merger, consolidation, asset purchase, or other business transaction. The employment agreement should not be assignable by the employee, however, because the employee's unique ability to do the job is not transferable.
19. Non-Waiver of Rights. The non-waiver clause prevents the employee from arguing that the employer's past actions or inactions under the employment agreement bind the employer or limit the employer's ability to exercise its rights in the future. Essentially, this provision permits the employer to exercise its rights under the employment agreement without regard to whether the employer has or has not previously done so.
20. Notices. The employment agreement should provide addresses so the employer and employee may send written communications concerning the agreement to each other. This provision should also state when written notice is effective (e.g., upon mailing or personal delivery) for triggering termination on notice or other contract requirements.
21. Modifications. Amendments to the employment agreement should be in writing and signed by the parties. This clause prevents entanglements that result when a party claims a contract was modified by an oral agreement or understanding.
22. Complete Agreement. This provision accomplishes two goals.
(a) First, it establishes that the written employment agreement is the only contract between the parties. This is particularly significant if the parties were involved in negotiations concerning the agreement's terms. It prevents misunderstandings that might otherwise blossom into litigation based on correspondence or conversations during negotiations.
(b) Second, it unequivocally conveys the employee's understanding of and voluntary commitment to the agreement's terms. The employee's understanding is reinforced by the provision for consultation with the employee's legal counsel. High-level employees who are asked to sign employment agreements typically consult their lawyers before doing so. Therefore, the employer does not lose anything by including this provision.
The Alabama State Bar requires the following disclosure: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

subset: commoncrawl


text:
New Jersey
A CurtainUp Review
The Winslow Boy
Lindsay Posner's Fine London Production Arrives at the Roundabout's American Airline Theater
By Elyse Sommer
As the play's dynamic barrister Sir Robert Morton mounts a strong case to get Ronnie Winslow, the young naval cadet accused of stealing a five shilling postal order exonerated, so Posner has once again mounted a production that makes a strong case for the pleasures to be had from a really solid old-fashioned play .
The Roundabout Company is fortunate that Peter McKintosh has recreated his set for Winslow home to the American Air Lines Theater where it's lit with mood supportive flair by David Lander. McKintosh has also recreated the stylish and true to the Edwardian period costumes for the American cast. But this is not just another of the good to look at period drama. The Winslow Boy has something to say about justice and familial loyalty and pride that makes it more than a cut above what at first glance like may seem a live theater version of Masterpiece Theater evocations of the Edwardian era.
Rattigan's story is as Lizzie Loveridge pointed out in her London review ( The Review) is exceptionally well-structured. The playwright has maneuvered a fine balance between humor and high drama and concluded each act with its own climax. Those bang-up finales to each act remind me of a time long ago when I was still an author's representative one of my clients was commissioned to write novelettes for a London women's magazine. The stories were to be serialized over three or four issues. Discussions of these assignments always ended with the editor's reminder to be sure to write "a good curtain" for each issue's story. She could have used Rattigan's script as a fine example since it delivers a dramatic "curtain" for each of its four acts.
The petty theft charge that gets 15-year-old Ronnie's sent home from a prestigious naval academy makes him not just the title character but the plot trigger. But the linchpin character is his father Arthur Winslow, the retired banker whose determination to vindicate his son changes the entire Winslow family's life.
The upshot of Rattigan's story, inspired by an actual case, is a courtroom drama complete with a charismatic legal practitioner (Sir Robert Morton, also modeled on an actual barrister). But it's one that never leaves the well appointed Winslow drawing room which allows us to see and understand every character entering that single set. While Arthur Winslow remains resolute in his battle for right to be done, we also see him become not just physically but emotionally vulnerable as the rising costs and notoriety of the case take their toll of the family's comfortable and peaceful existence. Roger Rees gives an extraordinarily rich performance that depicts every nuance of the stern but affectionate patriarch's increasing physical and emotional vulnerability.
But while this is essentially Rees's show, the entire ensemble — even the essentially walk on part of a reporter (Meredith Forlenza is Miss Barnes) representing the rising tabloid press latching on to the Winslow case — is superbly developed by the playwright and performed by the current cast.
Charlotte Parry is likable and convincing as Catherine, the 30-year-old politically liberal suffragette daughter. She lets us see the strong-minded new woman who has nevertheless fallen in love with a very conventional young army officer, an alliance that threatens to fall prey to her unwavering support of her father. Mary Elizabeth Mastrantonio is also very effective as Arthur's lovely and loving wife, especially in a scene when she confronts her husband on what she has come to see as a fight that even if successful will be won at a cost out of proportion to the normality the family has lost.
As the boy at the heart of the story, Spencer Davis Milford makes an impressive debut. We first see him as the terrified, discombobulated Ronnie sent home with a letter detailing his alleged theft. After weathering the grueling interrogation by the haughty barrister Sir Robert Morton he emerges as a quite happy student at another good school who, were it not for his father, would probably have forgotten the stolen postal order incident. He's also quite funny during a scene where he keeps nodding off as his father insists on reading the newspaper account on the latest turn of events to him.
Zachary Booth captures the fun loving spirit of Ronnie's older brother Dickie, bit also his resentment at having to leave Oxford because his father needs the annual fees for the court battle.
Another regular member of the household though she's not a relation, is Violet the maid. But this is no standard issue maid shades a requisite part of any period play. Her fate is also closely tied to the case and Henny Russell brings the required warmth and humor to this role.
Of the three Non-Winslow men who figure importantly, the one who rivets whenever he appears is Alessandro Nivola's marvelously complex Sir Robert Morton. He's a delicious mix of obnoxious superiority and charisma and the tension between him and Catherine is sure to make romantic members of the audience yearn for his admiration for her to go beyond his compliments of her hat.
The other two men are John Watherstone and Desmund Curry. Watherstone is Catherine's fiance John Watherstone. Chandler Williams, manages to portray him as both reasonably charming and yet make the outcome of the engagement neither surprising or all that tragic. The always excellent Michael Cumpsty is delightful as a gone to seed star cricket player, who's now a solicitor who's madly but hopelessly in love with Catherine
Of course given the time frame of this fight for the honor of one family, its happy ending is doomed to be followed by a much larger battle with greater sacrifices demanded on many British families. As noted in another review in London (review ), t he real Ronnie Winslow, a boy named George Arher-Shee, saw his name clearing suit happily topped with a substantial compensation payment by the Admiralty. But less happily, he joined the army and was killed in the first battle of Ypres at the end of 1914.


text: The Masters Hand Soap General Pencil from $4.13 $4.87 Qty. Add to Cart SKU: GP102-BJ This item is currently on backorder but you can still purchase it now and we'll ship as soon as more become available. Cleans hands of paints and other mediums yet goes easy on hands. 4-1/2 oz. bar. Tweet


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Ford Motorcraft Warranty - Click Here
Check out our YouTube channel for even more tech tips, installation videos, how-tos, and more. The best place to go for anything Mustang related!
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Garam Masala decor is contemporary and contented; our cooking offers just the right balance of the traditional and the modern, overseen by highly experienced chefs.
Whether you are looking for a relaxing meal, a family night out, a romantic dinner for two, a business meeting, or even a party gathering to celebrate a special occasions, we are here to cater for your needs with flavorsome cooking.
An airy and relaxing bar which offers an extensive drinks list chosen carefully that is designed to appeal to everyone's likes and budgets.
Garam Masala offers a fine selection of home-made cocktails, wines, an array of beers and spirits, giving you unparalleled comfort where you are sure to relax and enjoy a drink. Our aim is to please and you won't be disappointed.
Our Facility
+91 9604582832
+ 02145-223471


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Today Gift Shop Hub talks to The 4 Heatons Traders Association, or 4HTA for short. The purpose of the 4HTA is summed up in it's mission statement:"To make the Heatons, a better place, to live, work and prosper". Any business based in the SK4 post code area, which covers the villages of Heaton Mersey, Heaton Moor, Heaton Norris and Heaton Chapel can join the association for an annual fee.
Membership currently stands at approximately 70 businesses, who work together on community and business initiatives with a view to promoting the shop local message.
Tell us about your association's early days ?
The association was started in 2009. It was seeded by Ben Poland, a consultant at RBS and Hazel Kimmet who worked for the Stockport Chamber of Commerce at the time. They invited local shop front businesses to a venue to discuss the possibility of setting up an association. It turns out that there was an appetite for such a group.
With some financial backing from Stockport Council the Association was constituted, and began holding regular monthly meetings. A website was created by Printing.com (now Nettl.com), one of the founder member businesses, to communicate with the general public in the area, and a private Members' only area provided a forum for internal discussions.
Events that caught the eye…
While discussions went on (and continue today!) about our purpose and the initiatives we wanted to work on, one of the main projects that caught everyone's attention was a Christmas event. This was followed a few months later by a Summer Festival. These two events became pivotal in bringing the community together and providing the 4HTA with some local publicity.
Picture from moormag.com
Who is your association aimed at?
Any business in the SK4 area is eligible to join the 4HTA. Our members include large high street brands, small independent shops and many home or office based workers, known internally as non-shop-fronters. While the 4HTA wasn't set up as a networking group, the diversity of members does mean a lot of inter-business happens anyway within the group.
What makes your association stand out from the crowd?
We're often held as an example of a successful business association by Stockport Council, and we've won a number of awards. We're twice winners of the Stockport Business Awards, including the Special Recognition Award in 2016.
Our flagship event is the Heatons Summer Festival, which attracts around 9000 people each year despite being run by a handful of volunteers from within the group and associated groups. It's the tenacity, passion and sheer determination of the dedicated volunteers in the group that makes us stand out from the crowd.
Who are your partners?
We work with many local community groups in the area, such as the Rotary Club of Stockport Lamplighters, Friends of Heaton Chapel Station, Friends of Heaton Moor Park, Sustainable Living in the Heatons to name but a few. We also liaise with various departments in Stockport Council. Our stakeholders are our members, as well as the local community.
What do you consider to be the main challenges facing small businesses at the moment?
The onslaught of out-of-town-shopping centres, supermarkets, and online shopping is an ever growing challenge for any and all local businesses. We firmly believe that this challenge can be faced only by small businesses working together to provide the vital missing ingredient – community spirit.
The shop local message cannot be forced onto people. Customers need to want to shop local, and be made to feel good about it. If they actively see local businesses putting something back into their local community, then they are far more willing to buy into the shop-local ethos.
What tips do you have for small business owners/artists?
It's very easy for small business owners to feel isolated. But it's important to remember, you're not alone. There are many others in the same boat. By seeking out and joining your local traders association or business support group, you will begin to see new possibilities for your own business that would otherwise remain hidden from view.
What are your plans for the future?
We want the association to grow, and encompass more of the businesses in our target area. We're looking at ways to ringfence our events activities, which have dominated the group for the last few years, so that we can start tackling issues that affect local traders – empty shops, parking, crime, marketing, etc. We've still got a long way to go!
Facebook: www.facebook.com/4HeatonsTradersAssociation
Twitter: www.twitter.com/4HTA
YouTube: www.youtube.com/user/FourHeatonsTraders
Businesses in the SK4 post code area can join online at www.fourheatons.co.uk


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Democrats take aim at census citizenship question in spending fight
NEW YORK/WASHINGTON - Demοcrats hope to use urgent gοvernment funding talks under way in the U.S. Cοngress to reach a deal with Republicans that would remοve the Trump administratiοn's cοntrοversial questiοn οn citizenship frοm the 2020 census.
The issue is a top priοrity fοr Demοcrats in bοth the Senate and House of Representatives, where lawmakers are scrambling to fund an array of federal prοgrams by a Dec. 7 deadline to avoid a gοvernment shutdown, accοrding to two lawmakers and three additiοnal sources familiar with Demοcrats' thinking.
The citizenship questiοn "should be remοved ... and I believe all optiοns should be οn the table in Cοngress to do so, including thrοugh the apprοpriatiοns prοcess," Representative Jose Serranο of New Yοrk, who is in line to chair the House subcοmmittee that funds the census, told Reuters.
Derek Kilmer, a Demοcrat frοm Washingtοn state and also a member of the subcοmmittee, told Reuters he would "pursue actiοn with my cοlleagues οn the House Apprοpriatiοns Committee to block the inclusiοn of the citizenship questiοn."
Getting a deal dοne this year will nοt be easy as it would likely mean making cοncessiοns to Republicans οn funding fοr the Trump administratiοn's prοpοsed bοrder wall with Mexicο, two of the sources familiar with the Demοcrats' thinking said."
A Plan B would be to kick the issue down the rοad by passing a shοrt-term funding bill, and resuming talks in early 2019, when Demοcrats cοntrοl the House.
U.S. Commerce Secretary Wilbur Ross in March annοunced plans to ask respοndents to the 2020 census whether they are U.S. citizens, drawing immediate ire frοm activist grοups who say the questiοn will frighten immigrants into abstaining frοm the cοunt. A host of states, cities and activists have since sued the gοvernment to have the questiοn remοved and the case is likely to wind up befοre the U.S. Supreme Court.
Ross has said the citizenship data is necessary to enfοrce voter prοtectiοn laws. But oppοnents stress that an undercοunt cοuld cοst immigrant cοmmunities a decade of pοlitical representatiοn, as well as their share of $800 billiοn a year in federal aid.
With some federal agencies set to run out of cash οn Dec. 7 unless Cοngress apprοpriates mοre mοney, lawmakers are engaged in tough negοtiatiοns οn an array of thοrny issues, including whether to include language prοtecting Special Counsel Robert Mueller's investigatiοn of Russia's meddling in the 2016 U.S. presidential electiοns.
President Dοnald Trump has denied any cοllusiοn with Moscοw, amid cοntinuing wοrries that Mueller cοuld be fired.
Trump also has dangled the pοssibility of gοvernment shutdowns if he does nοt get at least $5 billiοn this fiscal year fοr building a bοrder wall.
There is bipartisan backing in the Senate fοr $1.6 billiοn to further secure the southwest bοrder.
Demοcrats, set to assume the House majοrity in January fοr the first time since 2010, see the apprοpriatiοns fight as a chance to bargain fοr language to prevent the Commerce Department frοm using funds to gather citizenship data in the census.
Time is shοrt because the U.S. Census Bureau needs to print census fοrms by the spring of 2019.
While immigratiοn activists oppοse the citizenship questiοn, many are wary of making cοncessiοns to Republicans οn the bοrder wall.
Steven Choi, executive directοr at the New Yοrk Immigratiοn Coalitiοn, said activists should try to persuade Republicans the questiοn is bad fοr them, too.
"So many things that depend οn the census cannοt be allocated if yοu dοn't get the census right," said Choi, who has actively oppοsed bοth the citizenship questiοn and the bοrder wall. "It's the legislatοrs' job to deal with those cοmprοmises but I think it's a false choice."


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Three Grand Prize Winners in Commercial and Education Fields Go Green with Airport Chair Redesign.
After several months of challenging designers around the world to think outside the box about sustainability, Dassault Systèmes (DS) SolidWorks Corp. officially announces the first-ever grand prize winners and runners up of the Green Design Contest.
The contest, which kicked off in honor of Earth Day on April 22, required contestants to use SolidWorks® 3D CAD software to design a low-impact airport terminal chair. Contestants developed the chair for a fictitious new green airline to be mass produced for use within an airport terminal. Among other entry rules, the designs had to be tested with SolidWorks SustainabilityXpress, the environmental assessment software included within the license for SolidWorks CAD software. With SolidWorks SustainabilityXpress, contestants were asked to measure the design's carbon footprint, air and water impacts, and energy consumption throughout the product life cycle. In addition to sustainability tests, every design had to be analyzed with SolidWorks SimulationXpress, an analysis tool built into SolidWorks, to help ensure that the chair design could withstand the stresses of everyday use.
"This contest really showcased some extremely creative and talented designers, who exhibited great understanding of the possibilities of different shapes and materials," commented Asheen Phansey, sustainability product manager at DS SolidWorks. "Through the design entries submitted, we saw that the SolidWorks community knows that the first step toward greener products is a fundamental understanding and appreciation for effective design."
Commercial grand prize winner Russell Donovan, of Auckland, New Zealand, will travel to Chaa Creek rainforest eco-resort in Belize in recognition for his "Leaf" chair design. Runners up in the Commercial category, who each win an iPad, include:
Michael Kali, USA
Xiang Ma, USA
Ronald Majewski, USA
Graham Nolan, United Kingdom
Dallas Winspear, Australia
Within the Education category, the two grand prize winners: Gerard Libby of the Worcester Polytechnic Institute, with his "Airfoil" chair, and Elias Chavez of Fontana, California with his bamboo chair reminiscent of a nature lodge, will be recognized for their designs at SolidWorks World. Runners-up in the Education category, who also win an iPad, include:
Karan Ambwani, BITS, Pilani - Dubai (United Arab Emirates)
K.S. Gopala Krishnan, Vellore Institute of Technology (India)
Ian Jutras, Worcester Polytechnic Institute (USA)
Vigneshkumar Kannan, Sona College of Technology (India)
Rahul Surendran, Sona College of Technology (India)
A panel of industry and SolidWorks software experts reviewed every design and entry against judging criteria broken up by sustainability, "green" aesthetics, creativity and manufacturability. The panel of judges included Al Dean, Editor-in-Chief of Develop3D and Develop3D Sustainability magazines; Josh Mings, Editor of the popular SolidSmack blog; Solomon Diamond, Assistant Professor, Thayer School of Engineering at Dartmouth College; and, Mark Buckley, Vice President of Environmental Affairs for Staples Inc. SolidWorks employees that assisted with judging included Stephen Endersby, Simulation Product Manager; Asheen Phansey, Sustainability Product Manager; and Rick Chin, Director of Product Innovation.
"Sustainable design is a very complex subject, and it is hard to understand and reduce environmental impacts that we can't see every day," said Phansey. "We sponsored the Green Design Contest to create greater awareness of how SolidWorks Sustainability can enable users to incorporate product life cycle thinking into their designs and tangibly reduce the environmental impacts."
Aug 24, 2011
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Mumbai: Choreographer-turned-director Farah Khan has hinted that after the disheartening fate of her home production `Joker`, she will work with those who will stand by her films through thick and thin.
Directed and co-produced by Farah`s husband Shirish Kunder, `Joker` had Akshay Kumar and Sonakshi Sinha in the lead but Akshay did not promote the film amid reports that he had differences with Kunder.
"`Joker` got a bad response. People had killed the film even before it released.


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I am an Assistant Professor at the Centre for International Conflict Analysis and Management (CICAM) at the Nijmegen School of Management, Radboud University Nijmegen in the Netherlands. I am also a visiting scholar at the The Whitney and Betty MacMillan Center for International and Area Studies at Yale University.
My research is situated at the intersection of international political economy, development and conflict studies. I am currently finalizing a large, cross-national research project on foreign aid diplomacy and donor-government relations. Through extensive fieldwork and surveys of development practitioners, I investigate how donor agencies and recipient governments negotiate the delivery of foreign aid. In a subsequent project, which is already in preparation, I theorize the logic of international engagement with transitional governments following social or political upheaval.
My book, The Development Dance: How Donors and Recipients Negotiate the Delivery of Foreign Aid, is forthcoming with Cornell University Press. In the book, I point to a fundamental problem in foreign aid: the delivery of development aid is based on negotiated compromises between donor agencies and recipient governments that are rarely politically sustainable. The book explains how apparent fads and fashions in development aid are in reality attempts to overcome particular types of commitment problems and why political compromises between international donors and recipient governments remain so vulnerable to changing circumstances.
I have field experience in Uganda, Tanzania, Rwanda, Ghana and Burkina Faso.


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Student Council
Bishop Ward High School Student Council Constitution.
We the students of Bishop Ward High School, in order to train for the attributes of citizenship and leadership, to secure greater cooperation between students and faculty, to promote unification of the students, to provide a voice in school management by investing limited authority in the student body, to foster good school spirit and uphold school traditions, to serve as a bridge between academics and co-curriculars, to raise the standards of the school, and to coordinate social, service, recreational and educational activities of and for the school, do ordain and establish this constitution of the Student Council of Bishop Ward High School.
View the full document as a PDF below.
Student Council Members
Student Council Executive Officers for 2015-2016
President - Ashley Krause
Vice President - Teo Subasic
Secretary - Sarah Mikesic
Treasurer - Adrian Cisneros
Seniors – Class of 2016
President - Ashley Krause
Vice President - Teo Subasic
Secretary - Sarah Mikesic
Treasurer - Adrian Cisneros
Class Officers for 2015-2016
Seniors – Class of 2016
President Teo Subasic
Vice President Charles Kump
Secretary Joel Gallegos
Treasurer Trenton Sadrakula
Juniors – Class of 2017
President Adrian Cisneros
Vice President Michael LeDesma
Secretary Monserrat Chavez
Treasurer Danielle Whitfield
Sophomores – Class of 2018
President Yaneli Jacinto
Vice President Katie Breitenstein
Freshman Class Officers will be elected in September 2015.


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Find Fisheries expertise in Jamaica
- Overview of the industry
- Fishery bodies
The combined contribution of agriculture, forestry and fisheries constituted 5% of Jamaica's GDP (2008), while exports of fish and fish products accounted for 8% of all Jamaican agricultural exports in 2008. Fish products that are exported include lobster tails, conch and finfish species. The industry is crucial to the livelihoods of about 18,000 to 20,000 fishermen who work from about 3,500 registered fishing vessels (2010).
Jamaica's fishing industry is largely (95%) composed of artisanal fishing (or small-scale fishing) operating from open canoe type boats, and a few industrial fishing vessels. As the majority of fishing occurs on the island shelf which covers an area of 1,853 km2, the catch profile is predominantly reef fish species (80%), spiny lobsters (5%) and Queen Conch (0.3%).
Artisanal fisheries target a wide variety of species that include small coastal pelagics, deep slope finfish, shallow-shelf/reef finfish and marine invertebrates, notably spiny lobster, shrimp, crab and oysters. The catch profile for industrial fisheries is largely conch. Aquaculture composes a small segment of the fishing sector of Jamaica, and is largely small scale with an estimated 300 farmers culturing red tilapia (2002). The vast majority of the artisanal fisheries catch is aimed at domestic consumption, while industrial fishers tend to be oriented towards the export market.
Within the context of a Sustainable National Development Strategy, Jamaica has a range of policies for the protection and preservation of the environment and the safeguarding of biodiversity. These policies are expected to impact positively on the increased productivity of national fisheries through improvement of habitats and better management of fish stocks.
Relevant associations include the Jamaica Aquaculture Association (JAA) which aims to provide a vehicle for political lobbying as well as being a network for technical and commercial support. The Jamaica Ornamental Fish Farmers Association serves as the umbrella organisation for ornamental fish farmers in Jamaica. The Caribbean Regional Fisheries Mechanism (CRFM) is an inter-governmental organization with its mission being to promote and facilitate the responsible utilisation of the region's fisheries and other aquatic resources for the economic and social benefits of the current and future population of the region.
The Fisheries Division in the Ministry of Agriculture is responsible for the conservation and sustainable utilisation of the Jamaican fisheries resources in a manner that ensures optimum social and economic benefits to Jamaica. The Fishing Industry Act (1975); Fishing Regulations (1976) along with the Pedro and Morant Act (1907) regulate the Jamaican Fishing Industry. Other related Acts such as the Natural Resources Conservation Authority Act (1995), the Wildlife Protection Act (1945) also impact on the management of the Fishing Industry.
|Fisheries organisations in Jamaica
|Ministry of Agriculture and Fisheries
|Murray's Fish Farm Ltd
|Rainforest Seafoods


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Vladimír Hirsch / Markéta, the daughter of Lazar
Conceptual album, op.85. Adaptation of the soundtrack to the stage play "Markéta, dcera Lazarova", directed by Pavel Ondruch and performed at Divadlo DISK, Praha, 2010.
A romantic drama, based on Vladislav Vančura's epic novel which is set in Medieval Czechia. Markéta, the daughter of robber lord Lazar, is captured by Kozlik's rival clan which wrathfully takes revenge on him by deflowering innocent Markéta, who had comitted herself to God's devotion. The stage play adaptation faithfully captures the heart of the original classic: transgression and forgiveness, though above all, the convinction of the power of sacrifice flourishes undeniably.
The music – contemporary classical in its base, with an industrial and dark ambient tint – flows from sacred choral themes and sorrowful violins surrounded by calm ambience, to dramatic, violent and victorious hunts of percussion, clanging metal, nervous string entries, dark brasses, ominous rhythms, flightly piano motifs and heavy polytonal strokes in 42 short, predominantly merged tracks. As always the music is intense, religious and carefully constructed leaving no loose ends.
Album recorded between September 2009 and January 2010, at Catch Arrow Recordings studio, Prague, Czechia. Revisited in September 2010. Mastered by Vojtěch Haňka.
Musicians: Czech Integrated Ensemble & Choir; Vladimír Hirsch – pianos, electronic keyboards, digital technique, mix. Cover photos by Jan Vávra, design by Marianna O.
Release date: November 22, 2010


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Popular Painkiller Tramadol
Tramadol, made in the late 70's by Grunenthal GmbH (a German pharmaceutical company), was regarded to be safer than opioid analgesics. Tramadol still targeted the opioid receptors, but its reputation for being synthetic, man-made, and a milder alternative to popular narcotic pain relievers gave it an edge.
Comments Off on Popular Painkiller Tramadol
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For the second time within a year, Chanelle Petersen had to watch helplessly as every one of her belongings was destroyed by a fire on Friday September 14.
Her informal dwelling was among the 12 which were reduced to ashes when a fire broke out at an informal settlement in Hadji Ebrahim Crescent, Rylands, known to the locals as the "K*k Yard".
The fire, which started just after 9am, left 40 people displaced.
"My 3-year-old son, Quton, and I, were in still in bed when I got the smell of burnt plastic. Instinctively, I just grabbed him and ran out of the shack. We lost everything. I have no idea where we will be sleeping tonight," Ms Petersen said.
Her partner, Mark Malgas, said he is grateful they were spared their lives.
"Chanelle still told me that since it was raining, she was planning on sleeping a little late. If she was in a deep sleep, I could have lost them both. I am very sad that we lost our two dogs though. I loved those dogs like I love my child. Both perished in the fire," Mr Malgas said.
Labeeka Martin said she and her family also lost everything in the fire.
"The fire woke me from my sleep. I have two small children. My baby boy, Abdul Karriem is only three years old and my baby girl, Magmoeda, is one year old. We lost everything. Their clothes, shoes, our bedding — everything.
"We do have other relatives who also live here in the informal settlement, and we will probably have to stay over at their place tonight," Ms Martin said.
While firefighters were busy dousing the last of the flames, some of the residents were seen digging through the debris, hoping to find anything that is usable.
The City of Cape Town's Fire and Rescue Service spokesperson, Theo Layne, said the cause of the fire is not known yet.
There were no injuries and the fire was extinguished by 10.45am. According to Mr Layne, three fire engines, two water tankers, one rescue vehicle and 21 firefighters were dispatched.


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The Parker Recruiting Team is here to ensure that your event runs smoothly. For more details, refer to page 10 of the Recruiters Guide.
Our presentation rooms are equipped with a projection system, computer, a half-inch DVD player and cables for laptop connections.
Materials for Recruiting Events
You may send company literature or giveaway items for your presentation up to one week prior to your event. Please be sure to include your company's name and the date of the event on the package.
Mail to:
Your Account Manager
Event Name
UCLA Anderson School of Management
Parker Career Management Center
110 Westwood Plaza, Suite C201
Los Angeles, CA 90095-1481
We will arrange parking for your company's representatives as we get close to the event date. Please refer to pages 6 & 7 of our Recruiters Guide for general travel information and directions to the UCLA Anderson campus.
Lunchtime Presentations
- A formal presentation held during the day.
- These events are scheduled Monday through Thursday, from 11:30a.m. to 12:30 p.m. (capped at 60 minutes).
- Lunchtime event are held in a classroom in the UCLA Anderson Complex.
- Companies are encouraged to leave 15 minutes for Q&A's.
- Lunch can be catered at a nominal charge to companies.
Given the time of day and a small window for set up, hot food is not recommended for noontime events. We have found boxed lunches or sandwiches are appreciated by the students.
Evening Presentations
- A more formal presentation leaving additional time for questions and answers.
- These events are scheduled Monday through Thursday, form 4:30 p.m to 9:00 p.m. (usually 90 minutes).
- Evening Presentations are held in a classroom within the UCLA Anderson Complex.
- Refreshments can be catered at a nominal charge to companies.
- This recruiting event begins with a evening presentation in a classroom followed by a reception.
- Receptions are held in an atrium in the UCLA Anderson Complex.
- Food and beverages can be catered at a nominal charge to companies.
The Parker Career Management Center will assist companies in making arrangements for on-campus events.
Catering Options
We have made special arrangements with our preferred caterers that will allow you to interact directly with them to place your orders and make payment. Each caterer's contact information, as well as their menu information, is listed below. Please contact one of these caterers at least a week before your event to place your orders. We hope that this arrangement will enhance your recruiting experience at UCLA Anderson.
Ken Novack
(424) 258-6167
Citron Catering Menu Selection
Citron Catering continues to set the standard for culinary excellence, bringing our team's legendary combination of innovative cuisine and refined service to the worlds' most renowned and demanding corporate, cultural and entertainment clients. Our fine-dining roots inspire a unique approach to catering with the inventiveness and craft of an artist. With personalized full-service catering, we go above and beyond, focusing on your needs and desires to create your beautiful event, priced to your budget. Citron Catering is available for delivery to classrooms, atrium's and dining rooms.
Fundamental LA
Lauren Morales
(310) 463-3113
Fundamental Menu Selections
We provide the full range of catering services you'll require for any size recruiting lunch or reception at Anderson. Our experienced, talented catering team will coordinate everything so you can relax and enjoy your recruiting event with the MBA's. Fundamental is available for delivery to classrooms, atriums and dining rooms.


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Marilyn Manson, the man who still makes my mother shudder in disgust well over a decade after she was first subjected to the nightmare-ish visuals of the video for "The Beautiful People," is back in the saddle and has just released his eighth full length album under the title Born Villain. After a run of mediocre releases and a lack of "shocking" material spanning almost a decade, it seems most of those horrified mothers have more or less shaken off Manson as a bad dream. They my have thought they were safe, but now Born Villain is here to put the fear back into their hearts and, more importantly, to rock harder than any Manson album since the early 2000s.
As a twenty-six year old Marilyn Manson fan, I feel like I am undoubtedly part of a dying breed. I've known some of his songs since Antichrist Superstar was released, but it was with Holy Wood (In The Shadow Of The Valley of Death) that I became a true fan. I fell in love with the twisted and tortured tone of the album which really stood out from the heavily electronic feel of his previous release, Mechanical Animals. Browsing the web after the new album leaked in late April, I was surprised at the amount of positive feedback; usually the internet is little more than a sordid den of trolls feigning hatred over whatever is new and attractive. I couldn't help but wonder if all of these newbie promoters were a bunch of wall-punching, angst-ridden "tweenagers" who jumped on the bandwagon to piss their parents off as well as the religious right, and anyone else who ever thought Marilyn Manson was an actual threat to society. Luckily for this young yet aging Manson fan though, once I got my hands on a copy, the web was proven right.
I can state without a doubt in my mind that Born Villain is the darkest and angriest album MM has put out since Holy Wood was released in 2000. It's a little sad to make such an admission because, really, what is Marilyn Manson if not angry? In the Nineties, Manson's albums gave me the feeling of being tied up, gagged and forced to watch violent bondage films while all of the other albums that the singer released in the new millennium gave me the feeling of watching someone sit in an unlit corner crying. In 2012? Bring on the bondage, baby! Okay, okay, maybe not that extreme – I mean the man is forty-three years old for fuck's sake. He's fought battles with his own self-perception as well as the entire world's perception of him, and now he's back. The music video for Born Villain's first single, "No Reflection," illustrates what I'm talking about perfectly as it flashes back and forth between an unmasked, clean-faced Manson (or Brian Warner perhaps?) and the classically done-up horror show that is the King of Shock. The chorus chants, "I don't know which me that I love," as he sits around a family dinner table with a few women. Everything seems somewhat calm as Manson slowly rises and boards the door. All hell breaks loose as the lyrics spout, "You don't even want to know what I'm gonna do to you," while the girls smash everything, with trying to commit suicide and one being drowned in a toilet by Manson himself. All in all, the video reminded me of the good ol' days of MM with a slightly more personal twist on things.
Born Villain is laid out like your average major label album in that it's front-loaded with the most radio-friendly tracks. However, the main difference between this album and most major label albums (this isn't on a major label, by the way) is that the second half of the album doesn't totally suck. "Hey, Cruel World" starts off the album with a bang, followed by "No Reflection." One of the sexiest (yes, Manson has sexy songs) on the album is "Slo-mo-tion." Now, before you all crucify me, the song is very sexy instrument-wise – but the lyrics are a bit… different. It's a song about the disgusting habits of modern television with lines like "Don't worry, we'll blur it out and no one will ever know" and "pump up the laughter of dead-audience applause and teenage rape candidates, I think we've got a real hit!" The juxtaposition of the pretty music against the ugly lyrics makes for a fantastic track. Other greats on the album are "The Flowers of Evil," which has a damned catchy chorus, and "Murderers Are Getting Prettier Every Day." The latter of those is the most metal of all the tracks, double-kicks pummeling through the track with only a small break for a death-march section bridging the insanity. "Children of Cain" is one of those tracks which brings me back to the Holy Wood days: heavy, serious, and depressing in the best way possible. If you're not impressed by anything else you've read so far, Johnny Depp makes an appearance on the album — and everyone loves Johnny Depp, right? — supporting the Manson crew on a cover of Carly Simon's "You're So Vain."
Being in the position that I'm in — non-pierced body, non-dyed hair, lightly tattooed, twenty-six and happy — I feel a bit strange sometimes when I admit to friends and acquaintances that I am a Marilyn Manson fan. When his last two albums were real snoozers, I had begun to assume that referring to him as a current artist was inaccurate because of that I thought great Manson music was a thing of the past — but Born Villain has proven me to be dead wrong. Don't write off Marilyn just yet — he clearly has some greatness left in him.
Further Reading:
Ground Control – Other Voices 001 – featuring Born Villian by Marilyn Manson – [Column]
Born Villain is out now. Buy it here on Amazon .
There are a dozen perfectly plausible reasons why Marilyn Manson's stature in both pop music and pop culture has depreciated so dramatically over the last decade or so. It could be that, after the classic line-up of the band imploded (shortly after Holy Wood in 2000), the pieces just weren't aligning properly and singer Brian Warner floundered because he was left all too much to his own devices. It could be that, after George W. Bush took office, Manson's audience became distracted by the president's higher-profile atrocities that were far more vivid than anything that anyone in pop (including Marilyn Manson) could possibly conjure or imagine. It could have been a combination of those things plus the band's painfully evident inability to recombine their pop hooks, glam metal irony and playfully morbid proclivities into good songs. Regardless, the last nine years have found Marilyn Manson committing the cardinal sin for a band that lives and dies by its ability to shake, shock and repel: they've been boring.
2007's Eat Me, Drink Me was the rock bottom point for Marilyn Manson. Without a band, Warner limped his way through his own sort of re-enactment of Alice In Wonderland but did neither that storyline nor his own reputation any justice; use the euphemism you like, the self-styled "God of Fuck" was either shooting blanks or went limp the whole record through – it was sad.
Was the band aware of this? On some level, Warner must have had an idea of the stock he'd lost and that the public eye was turning away, because The High End Of Low earnestly attempts to recapture some of that errant attention.
That process is a slow and methodical one. "Devour" literally crawls forth out of the mire – all instrumental creaks and vocal croaks – and starts with ambiance first (despair is in the air) before attempting to present the band's revamped image. From there, each successive track adds another layer of skin and renewed depravity to the atrophied body of Marilyn Manson; "Pretty As A ($)" adds avarice and a slimy, fetid, glamorous sheen, but it's only getting started as they pick up the gauntlet dropped to try and save themselves. After that, while the band's strength is certainly well below half-mast, the reappearance of Twiggy Ramirez helps musically as the pending doom mounts through "Like A Scar" and the acoustic, Depeche Mode-esque "Four Rusted Horses," but the steps back up the mountain are still very laden and plodding.
"Arma-godd**n-motherf**kin-geddon" is all the pay-off those fans left to rot by the band could possibly hope for. In that song, the pop swings and wriggles with a familiar, attractive sickness that is one hundred percent apocalyptic fluff but it's the sort of grim celebration that, with a set of hooks like fisherman's gaffes, Manson turned platinum a decade ago. Ironically, that gives hope for the band's future.
After that surge forward, unfortunately there isn't a whole lot that The High End Of Low really does to sustain itself. While songs like "Black And White" and "I Want To Kill You Like They Do In The Movies" (which borrows bass vamps from Jane's Addiction) are perfectly respectable album cuts for Manson, the singles well dries up quickly and the album coasts to a close in spite of featuring great song titles like "I Have To Look Up Just To See Hell." The second half of the record isn't bad per se, it's just that with a dramatic shortage of singles beyond "Arma-godd**n…" the album could have been pared down to an EP's-worth of really sharp material which would have had more impact; there's no arguing that The High End Of Low marks an improvement over Eat Me, Drink Me, but the album title is also an ironic statement in that, while better than its predecessor, it's still a long way from good. The High End Of Low shows promise, but saying that the album finds the band in fine form would be a monstrous overstatement.
Marilyn Manson online
Marilyn Manson myspace
The High Side Of Low is out now. Buy it here on Amazon .


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I love you both!! I'm SO glad you are blessed with a wonderful man who loves you so much!! It's so easy to see, too!!
March 27, 2010 at 2:30 pm
You guys are definitely meant for each other. The love felt in your home is so abundant! He deserves you, and YOU deserve HIM! :)
March 27, 2010 at 7:38 pm
okay, you can have your monthly stipend now ;) LOL
March 29, 2010 at 7:17 pm
March 29, 2010 at 7:27 pm


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Aimi Tanaka Narrates Himōto! Umaru-chan R Anime's TV Ad
posted on by Bayleigh Baker
The TOHO Animation channel on YouTube began streaming a new commercial for the Himōto! Umaru-chan R sequel anime on Thursday. Aimi Tanaka as the titular Umaru narrates the ad.
Himouto! Umaru-chan R will premiere in Japan on AT-X at 11:00 p.m. on Sunday, October 8. The anime will air later the same evening on Tokyo MX and BS11, and the night of October 11 on ABC Asahi Broadcasting. The show will also stream on some services in Japan beginning on October 12.
The anime will stream in the United States on Anime Strike and in other territories on select digital platforms. Sentai Filmworks is also planning a home video release. The company posted an English-subtitled trailer of Himouto! Umaru-chan R on Wednesday.
The main staff is returning from the first season, including the anime studio Doga Kobo, director Masahiko Ohta, series script supervisor Takashi Aoshima, and character designer Aya Takano.
The theme song performers will be the same as the first season's. The group SisterS — comprised of Tanaka, Akari Kageyama (Ebina), Haruka Shiraishi (Kirie), and Yurina Furukawa (Sylphynford) — is performing the ending theme song "Umarun Taisō" (Umarun Calisthenics).
The first television anime series premiered in July 2015, and Crunchyroll streamed the anime as it aired. Sentai Filmworks released the anime in North America with an English dub on May 30.
The manga and anime's story centers around Taihei Doma and his little sister Umaru, who boasts beautiful looks as well as prowess in both school and sports. However, she has a certain secret. Everyone may think she is the ideal girl, but she is anything but. "Himōto" is a pun on "imōto" (little sister) and "himono," which means "dried fish," but in slang can refer to a woman who is proper in public but lazy at home.


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July 4th Front Patio
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Do you like to be outside almost more than inside? I sure do! Now clearly this front patio area still needs some love but that's no reason not to decorate for the 4th of July, right? The biggest eyesore here is the stained up concrete floor…..trust me I will be putting down some outdoor rugs just as soon as I can find some I like that don't break the bank!
Okay! Would you believe me if I told you I created this space almost entirely from Dollar Tree? Well if you have been following my blog at all, then you probably would believe that by now! Remember the little 4th of July Mirrored Shelf? Or the festive Tablescape?
Every time I went to Dollar Tree since they brought out their patriotic decor, I've been trying to find an excuse to get these little paper lanterns! Obviously they wouldn't work with any of my indoor spaces but they were the perfect thing for this patio space! I didn't actually bother putting any batteries in them so these ones won't light up but they do have that option if you want to get yourself some. $3 for all 3 of these cuties!
I already had the adirondack chairs in this space and wanted some festive throw pillows to support the red, white and blue I had in mind. I couldn't find what I wanted for a good price and just yesterday I was stalking a friends blog (she has the most amazing decor ideas that are also budget friendly) and saw her idea for making throw pillow covers out of bandanas! If you haven't heard of her, go check out Terrie's amazing website and blog for tons of ideas www.decorateandmorewithtip.com ! If you don't know how to sew or don't own a sewing machine, I was thinking that with a neutral pillow underneath, you could easily take the bandanas (one on each side of the pillow) and tie them in the corners. I think that would also be a really cute look! Total for these pillows? $4 for all 4 pillows since the bandanas came in packs of 2.
Okay now for one of my favorite parts of this little area….the washtub! I was recently at a friend's getting some perennials for my garden. She had several of these old wash tubs laying around and when I inquired about them, she gave me one! New favorite item! I can think of about 1,000 ways to use this 🙂 For this particular setting I chose to place it upside down and top it with a couple pieces of reclaimed wood to make a little table. As you can tell those things didn't cost me anything.
I topped the washtub with a little lantern that I recently got at Burlington Coat Factory for under $6, a vintage glass canning jar with little foam star picks and white flowers, both from Dollar Tree (total $4) and the little red metal bucket was from Walmart and cost approximately $3. I love it's little rope handle!
All I need now is some ice cold sweet tea and some good company. Wanna come over?


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Amazon has just released its new Coins program, which acts as a virtual currency to buy apps or to buy in-app content. Every account registered to a Kindle gets 500 free coins that you can spend on whatever you want. Amazon also sells packs of coins, which you can use to buy things in bulk. Not everyone has updated their apps yet to support coins, but there is a ton of stuff you can buy. This video navigates you through the coins program as we tell you all about it and even buy some apps.
Peter Carotenuto is a graduate of the Vancouver Film school and is extensively involved in the local Film Industry. He is an accomplished actor and has been in many of the Vancouver based movies and made for television shows. Peter is the head of the Good e-Reader media division and is responsible for all of our video editing and production. You can e-mail him at email@example.com


text: Leading 5 Unicorn Dating Website For Bi Couples Would like to participate in unicorn dating sites for locating a unicorn to possess a lasting trio partnership? That is actually really good tip for bi couples to create your unicorn dating imagination come to life. There are actually numerous unicorn internet sites on internet have actually introduced, a number of all of them may satisfy your demands that locating an ideal unicorn, having said that, the others of all of them […]Continue Reading


text: Kevin has a standing offer with some of the boys, that when they have 'blue balls' they can come and see him anytime to get some relief. The trouble is that Kev spends a lot of his time on BelAmiChat…. luckily for us all Jeff has the room next door and is more than willing to help out when Kev is otherwise occupied, as he is always happiest with a dick either down his throat or up his butt.


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For logistics operators, our accredited weigh-in-motion service ensures vans and trucks don't leave the depot with overloaded axles or excessive overall weight.
Overloading of vehicles and axles causes a significant risk to safety as it can affect the handling of the vehicle, and also increases fuel consumption. In addition, a vehicle failing inspection by the DVSA for overloaded axles can be served with an immediate prohibition notice and fines or court summons imposed. This is an additional service to our tyre pressure monitoring system and is accredited by the UK National Measurements Office to OIML R134.


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Tanium Comply Is a Key Component of Unified Endpoint Security
From sensitive data discovery and endpoint detection and response to vulnerability and configuration management, Tanium's solution suite enables organizations to secure end-user, cloud and datacenter systems from a single, unified platform – at massive scale.
Learn more about the solutions that comprise our Unified Endpoint Security offering.
More Resources
Tanium Integrity Monitor Data Sheet
Tanium Integrity Monitor reduces the complexity of regulatory compliance by providing a single console, agent and infrastructure to complete compliance, security and IT operations tasks.
Unified Endpoint Security Solution Brief
A unified endpoint security solution helps organizations secure and fortify endpoints – aiding security teams in their ability to identify, protect, detect and respond to threats across modern and legacy operating systems.
AutoNation Speedily Addresses Hygiene and Improves Endpoint Security
AutoNation used Tanium to complete a comprehensive security hygiene assessment that validated suspected patching deficiencies of their existing software deployment process.


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We're officially SOLD OUT!
Huge thanks to everyone. See you on May 17 pic.twitter.com/0zm0WmNhUZ
— OnePlus India (@OnePlus_IN) May 8, 2018
The company through a series of blog posts and social media tweets and Facebook posts have confirmed many specifications of this device. The OnePlus 6 launch date in India coincides with that of China, meaning the smartphone will be launched simultaneously in both the countries.
Also Watch: Nokia 8 Sirocco Review
As for its highlights, the OnePlus 6 boasts of top-of-the-line specifications, the latest Google Android OS and an iPhone X like notch display. OnePlus 6 teasers to date have also revealed that the smartphone will come as an Amazon exclusive in India.
Also Read: Amitabh Bachchan Leaks Black And White Colour Variants of OnePlus 6 on Twitter
According to a recent report on the internet the device will launch for Rs 39,999, while a report from the past had revealed that the pricing of the OnePlus 6 could start from Rs 34,000 for the 64GB storage model, while the high-end version of the phone with 128GB of internal storage for Rs 39,000. OnePlus CEO Pete Lau had earlier also confirmed an iPhone X like notch display for the OnePlus 6. As per reports till date, the smartphone will be powered by Qualcomm's latest Snapdragon 845 SoC, carry a 6GB RAM and an 8GB RAM option and will offer 128GB and 256Gb internal storage options.
Also Watch
Mother's Day Special : Bollywood Actor Rahul Dev Opens Up About Being a Mother to his Son
Saturday 12 May , 2018
How Karnataka Has Voted In Last Eight Elections
Wednesday 09 May , 2018
Trump Pulls Out Of Iran Nuke Deal & What's In It For India?
Thursday 10 May , 2018
Rolls-Royce launches its first-ever SUV
Tuesday 08 May , 2018
After SC Rap, Will The Squatting Netas Vacate The Bungalow
How Karnataka Has Voted In Last Eight Elections
Trump Pulls Out Of Iran Nuke Deal & What's In It For India?
Rolls-Royce launches its first-ever SUV
After SC Rap, Will The Squatting Netas Vacate The Bungalow


text: The Western Interstate Energy Board (WIEB) intends to issue a Request for Proposal (RFP) in early September 2018 to hire a contractor for a new study. This study will model and explore the operational flexibility of the electric power system in the Western Interconnection in anticipation of a changing resource mix over the next 10- to 15-years. The study pursues an interconnection-wide approach to identify cost-effective steps to improve the operational flexibility of the grid. This project is supported by funding from WIEB, the State of Washington, the State of Oregon, and other funding partners. A description of the project can be obtained using the link below.


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Sunday, 20 November 2005
Survivor Series 2005: Team HBK vs. Team JBL
From Survivor Series 2008, Team HBK takes on Team JBL. Don't miss Survivor Series on Pay Per View 11/24/13. #SurvivorSeries
Posted by JD at 15:19 No comments:
Labels: Survivor Series 2005, Team HBK, Team JBL
Friday, 11 November 2005
SmackDown - Eddie Guerrero vs. Mr. Kennedy (Eddies Last Match)
Nov. 11, 2005 - Eddie Guerrero competes in his very last match against Mr. Kennedy.
Posted by JD at 18:44 No comments:
Labels: Eddie Guerrero, Mr. Kennedy, Smackdown
Sunday, 6 November 2005
IWAMS Top 18: #2 NECRO BUTCHER vs. SAMOA JOE (FULL MATCH)
Coming in at #2 on the IWAMS Top 18, is one of the most talked about matches in IWAMS history. From our "Something to Prove" event on 6/11/05, SAMOA JOE takes on the NECRO BUTCHER in the famous ECW arena.
Posted by JD at 19:40 No comments:
Labels: Necro Butcher, Samoa Joe
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