text:
These General Terms and Conditions of Contracting Work, Sales and Deliveries of HISWA Association (Dutch Association of Proprietors in the Water Sports Industry) have been drawn up in consultation with the Consumers' Association and the ANWB under the Self-Regulation Coordination Group of the Sociaal-Economische Raad (Social Economic Council). Deposi- ted at the Court Registry in Amsterdam on 1 April 2011 under number 40/2011.
HISWA Association shall take action against any misuse, so it can also genuinely achieve the desired exclusivity. Members are therefore requested to inform the HISWA office if misuse is noticed. To enforce this, copyright has been established on the various texts.
The prices stated in these General Terms and Conditions are inclusive of purchase tax (BTW) and in these conditions the following words mean:
Proprietor: natural or legal person who, as a member of
HISWA Association, draws up a contract relating to a
vessel or part of a vessel.
Consumer: natural person who does not act in a profes-
sional or business capacity and who enters into a con-
tract relating to a vessel or part of a vessel.
Vessel: an object that is constructed to remain in water and to move in it, including the pieces of equipment that form part of it and the contents. Also, the hull of a vessel
being built.
Open book contract with fixed profit: contract in which a
price is paid for the actual costs involved in implementing
the work, plus a surcharge for general costs and profit.
Electronic: by e-mail or website.
These General Terms and Conditions apply to every of- fer and to each contract of purchase, sales, construction, preservation, completion work, installation of fittings, re- pair or maintenance of vessels or parts of vessels, as well as of all other contracts resulting from these, as drawn up between the proprietor and consumer.
These Terms and Conditions can be translated from Dutch into a foreign language. Should there be any dif- ferences in the texts as a result of the translation, the Dutch text prevails.
The proprietor makes the offer orally, in writing or in electronic form.
An oral offer must be accepted immediately, otherwise it will lapse, unless a period has been defined for accep- tance.
The written or electronic offer is dated and is irrevocable during the acceptance period or, if a period has not been defined, for ten working days after the offer date.
The offer contains a complete and accurate description of the items to be supplied and/or the work to be carried out, including a statement of:
- prices, measurements, weight and delivery date and,
if relevant, engine power and speed;
- variable or fixed price/contract price or open book
contract with fixed profit with or without a recommen-
ded price;
- designs, images, drawings, sketches and/or specifi-
cations in so far as these are required for the propo-
- for installing fitted structures and renovations when
directly related to the purchase, the separate price (contract price) and the time required for installing fit- tings and for renovating.
5. The offer states when the work will begin and gives an indication of the time of delivery.
6. All designs, images, drawings, sketches, specifications, calculations and other instructions and clarifications sup- plied together with the offer for installing fittings or for re- novation or for repair remain the property of, or continue to be held by, the person supplying them. They are pro- tected under the Copyright Act (Auteurswet) and may not be given to third parties unless this is necessary for car- rying out restoration, repair and/or maintenance work.
7. The offer is accompanied by a copy of these General Terms and Conditions.
1. The contract is finalised when the consumer accepts the offer. If the assignment is granted electronically, the pro- prietor sends an electronic confirmation to the consumer.
2. The contracts are preferably recorded either in writing or electronically.
3. If the contract is in writing, a copy should be sent to the consumer.
4. A contract regarding renovation or repair is related solely to the work activities that the proprietor can reasonably have expected.
Unless nothing else has been specifically agreed, there is a fixed sales price or a fixed contract price and the fol- lowing provisions are applicable:
In the event of the consumer desiring additions or
changes in the agreed work, the proprietor can only claim a price increase if he has given timely notice of the price rise to the consumer, unless the consumer could reasonably be expected to understand this.
The proprietor can, at any time, incorporate changes to taxes, excise duties and other such government levies in both the agreed fixed and variable prices.
The proprietor has the right to charge any extra costs that arise from changes in the work or an interruption in the work activities, if they are caused by circum- stances not attributable to the proprietor and which could not have been foreseen by the proprietor when the price was agreed.
If the circumstances are as described in this para- graph under c, and also if the extent of the work turns out to be greater than foreseen, the proprietor should immediately suspend work and discuss toge- ther with the consumer whether or not to continue with the work and how to do so. The proprietor is, in any case, entitled to payment for work already car- ried out and to cover any costs related to this work.
If supplementary contracts have a particularly signifi- cant influence on the price, the delivery time, the measurements, weight and, if relevant, the engine
power and speed, the proprietor should submit a no-
tification of these facts.
If the parties have agreed on a variable purchase price
or variable contract price, the following provisions are ap- plicable:
At the request of either party, each increase or de-
crease in price will, if this affects the purchase price or the contract price, be passed on if the increase or decrease takes place more than three months after entering into the contract and there has been no deli- very, or if the intended work has not been carried out or not yet completely carried out. However, the pro- prietor shall not pass on the price changes if the or- der was placed before the price increase could affect the purchase price or contract price.
An increase or decrease in price is understood to in- clude a change in the currency exchange rate that applied when the supplied materials or goods were paid in relation to the currency exchange rate under- lying the purchase price or contract price.
Each increase or decrease in salary or other condi- tions of work in the collective wage agreement or bin- ding pay regulations as applied by the proprietor, and any increase or decrease in social premiums that oc- cur, can be passed on by the proprietor if these chan- ges affect the contract price and if they take place more than three months after entering into the con- tract.
If as a result of increasing prices as described in this paragraph, the purchase price or contract price rises by more than 15%, the consumer has the right to ter- minate the contract.
If the parties have agreed to a recommended price and the work can be carried out according to the description applying to it, the price increase or decrease may amount to no more than 10%.
Delivery time is understood to mean the period between, on the one hand, the date on which the purchase con- tract is drawn up or alternatively the assignment to build, renovate, complete construction work or install fittings is given and, on the other hand, the agreed date of delivery ex works or depot in the Netherlands.
The proprietor is required to inform the consumer in wri- ting, with a statement of the reasons, as soon as it is ex- pected that the delivery time will be overrun and, if possi- ble, to indicate the extent of the overrun.
The delivery time is extended by any delayed period that is a reasonably foreseeable consequence of omissions on the part of the consumer. An omission is here under- stood to mean that the consumer fails to comply with a commitment to the proprietor with regard to the vessel. This is certainly the case if the consumer, despite timely notice, does not pay the debt owing to the proprietor on time. In addition, any costs that arise from omissions that are foreseeable and an expected consequence of the empirical rules will also be at the expense of the consu- mer.
The proprietor is in default only if the delivery period overruns by more than 15% as a result of causes attribu- table to the proprietor. If this period is overrun, the con- sumer has right of suspension or termination as laid down in Article 17.
The delivery takes place ex-works in the Netherlands. However, if a trial run takes place prior to delivery, the delivery is made to the place agreed on for the trial run.
The proprietor shall, prior to delivery of the vessel or other items to be delivered, offer the consumer the op- portunity to inspect (or arrange inspection of) the vessel or other items referred to.
In the event of repairs, renovations, installation of fit-
tings, completion work or maintenance work, the pro- prietor shall offer the consumer the opportunity to in- spect (or arrange inspection of) the work carried out. If a trial run (prior to delivery) has been agreed, the pro- prietor shall offer the consumer the opportunity to take this trial run either before delivery or completion.
7. The consumer must make use of the opportunity to make an inspection and/or trial run within twenty working days of receiving the proprietor's notification.
If the consumer does not make use of the opportunity of- fered him within this period of twenty working days, the vessel or the item is deemed to have been delivered, un- less a situation of 'circumstances beyond the consu- mer's control' arises.
8. If delivery has taken place or is deemed to have taken place as described in paragraph 7, the risk regarding the delivered item is transferred to the consumer.
9. If the consumer fails to take delivery of the vessel or other items, they are stored, at the cost and risk of the consumer.
1. The parts to be replaced will be made available to the consumer after the assignment has been carried out if the consumer explicitly requested this when giving in- structions for maintenance or repair. This does not apply to parts which have to be set apart due to guarantee claims; in that case, the parts will only be made available once the guarantee claims have been processed.
In all other cases, the parts to be replaced become the property of the proprietor, without the consumer being able to claim payment of any kind regarding this matter.
2. If the consumer, on purchasing a vessel or newly built vessel or another item, has agreed that he shall trade in a used vessel or other item, the traded-in vessel or other item only becomes the property of the proprietor after delivery has actually taken place. If the consumer conti- nues to use the vessel or the item to be traded in while waiting for the delivery of the new vessel or item, any da- mage or loss, whatever the cause, is at the expense and risk of the consumer.
1. The proprietor vouches for the delivered item conforming to the agreement (conformity). The proprietor further- more ensures that, taking all circumstances into account, the item possesses the properties that shall be necessa- ry for normal use, as well as for special use, if that has been agreed.
2. The proprietor vouches for the work to be carried out by him, that it conforms to the contract, and that it is carried out to a high standard, making use of sound material.
3. Unless otherwise agreed because of specific demands, the following deviations are possible during implementa- tion of the contract:
± 1% length of the stem and stern;
± 1% over the whole width;
± 1% depth;
± 5% draught;
± 2% headroom under the beams;
± 1% maximum height above water surface; ± 10% weight;
± 5% engine power and
± 10% speed (when equipment is standard).
4. The proprietor is not responsible for defects in the de- sign of the vessel if this design was not supplied by him-
Neither can the proprietor vouch for the usability and soundness of materials and pieces of equipment for which the application has been prescribed by the con- sumer or supplied by him.
If the proprietor knows about or could know about imper- fections in design or materials, as referred to in this para- graph, then the proprietor should inform the consumer about this matter.
5. The proprietor is not responsible for defects which arise after delivery and which appear to have been caused by normal wear and tear, inexpert use or lack of care, or that are the result of alterations that the consumer or third parties have made to the item that was delivered. Neither is the proprietor responsible for damage that re- sults from the aforementioned.
The guarantee described in this Article ensures the legal rights of the consumer remain unimpaired.
The guarantee concerns restoration, at the boatyard of the proprietor, of defects that were not noticeable at the time of purchase/delivery, as well as the restoration of defects that have arisen from normal usage during the guarantee period.
Article 8, paragraph 4 and 5 apply by analogy.
The consumer should consult the proprietor with regard
to implementation of the guarantee.
The consumer can, at the proprietor's expense, have es-
sential restoration carried out by a third party, assuming the costs of doing this are reasonable. When determi- ning reasonableness, the price levels of the proprietor are relevant.
The third party that is able to carry out essential restora- tion is chosen by the proprietor in consultation with the consumer. Restoration carried out by a third party is only possible:
if the proprietor is not able or willing to restore the defect at his own boatyard, or is unable to do that in time, or
if there is a disparity between the essential costs of transporting the vessel to the proprietor's boatyard and the costs of restoration at that boatyard, or
if the consumer's circumstances dictate that he can- not be expected to allow restoration to be carried out at the proprietor's boatyard.
The claims to a guarantee lapse if:
the consumer does not inform the proprietor about
defects as soon as possible after noticing them;
the proprietor is not given the opportunity to restore
the defects at a later date;
third parties have, without the proprietor's prior know-
ledge or permission, carried out work which is related to the work carried out by the proprietor and on which a claim is to be made under the guarantee.
Unless the consumer has explicitly stated in writing his wish to abandon the guarantee, the duration of the gua- rantee period is for:
a. new vessels, also including new parts/fittings, at least
twelve months after purchase;
used vessels with a purchase price of € 4500 or
more, at least six months after purchase. This gua-
rantee does not apply to used parts/fittings;
repair and maintenance work taken on by the pro- prietor or contracted out, including the materials used
to do this, at least three months.
This guarantee does not apply to emergency repairs.
The guarantee includes carrying out, at a later date and in the correct manner, the assignment that was either not done or not done well at the boatyard/company of the proprietor. The guarantee period commences at the mo- ment the vessel is again made available to the consu- mer.
Guarantee periods of six months or less are extended by a period equivalent to the period when the vessel is not in use because of winter storage.
1. Payment takes place in cash at the time of purchase or delivery unless otherwise agreed. Making a cash pay- ment also includes transferring the amount due, at the moment of purchase or delivery, to the bank or giro ac- count indicated by the proprietor, or by paying with any form of electronic payment recognised by banks.
2. If payment in instalments has been agreed, the consu- mer should pay according to the instalments and percen- tages as laid down in the contract.
3. At the time of purchase, the proprietor and consumer can agree on a payment in advance of not more than 50% of the price.
1. The consumer is in default once the payment date has passed. The proprietor sends a payment reminder once the date has passed and gives the consumer the chance to pay within fourteen days of receiving this payment re- minder.
If, after the date stated in the payment reminder, there is still no payment and the consumer is not able to plead circumstances beyond his control, the proprietor has the right to charge interest, once the payment date has passed. This interest is equal to the statutory interest plus 3% on an annual basis over the amount due.
2. If the consumer remains in default of payment after the payment reminder has been sent, the proprietor also has the right to increase the amount due by adding collection charges. Extrajudicial costs include all the costs that the proprietor has to charge for the services of lawyers, en- forcement agents and anyone he requires for the reco- very of the amount due.
The extrajudicial costs are determined as follows: 15% over the first € 2500 of the amount due;
10% over the next € 2500 of the amount due;
5% over the following € 5000 of the amount due; 1% over the following € 15,000 of the amount due.
3. Any complaints about invoices should be submitted to the proprietor, preferably in writing and adequately des- cribed and explained, within a reasonable period after the receipt of the invoice in question.
1. If payment is not made on time, the proprietor has the right to retain the vessel in question together with all the equipment, inventory and other accessories that belong to it until the consumer has paid the whole of the amount due, including the costs involved in right of retention, un- less the breach does not justify this retention. The pro- prietor's right of retention lapses as soon as the consu- mer brings the dispute before the Disputes Resolution Committee, as described in Article 20, and the Commit- tee has confirmed to the proprietor that the consumer has deposited the amount due with the Committee.
2. If the consumer, after receiving the letter of demand, still neglects to pay the amount due, and the value of the vessel and all materials and accessories intended for it amounts to no more than € 10,000, the proprietor has right of sale and delivery, without legal intervention, pro- vided:
- the proprietor has demanded payment from the con- sumer by registered letter and the consumer still has not paid the amount owing six months after the date of this registered letter or has disputed the claim in writing, giving reasons, and
- after the aforesaid period of six months has passed, the proprietor has served a writ on the consumer de- manding that the consumer pay the amount owing within 15 working days, and payment has still not been made.
The right to sell lapses if the consumer has brought the dispute before the Disputes Resolution Committee as stated in Article 20 and has deposited the amount due by the said committee.
The proprietor is subject to the obligation to pay to the consumer, if possible, any differences between the sales proceeds and the amount the consumer owes.
The consumer is obliged in all cases to agree to deregis- tration if the vessel is registered in his name.
A vessel under construction and/or a new vessel as des- cribed in the purchase agreement (including all materials and accessories intended for the vessel) are the proper- ty of the consumer at the moment these items arrive at the boatyard or elsewhere when in the custody of the proprietor. The condition for this transfer of ownership is that the items in question are legally transferred to the proprietor by a third party.
The proprietor always has a pledge (including the right to summary execution) on the aforesaid items, as well as on the insurance monies, in order to pay for damages, for each unpaid part of the purchase or contract price if this is still due and also for every loss or damage suf- fered or to be suffered by him, if the consumer violates the contract.
The proprietor is required, in cases in which his subcon- tractor has invoked retention of title, to inform the consu- mer about this, as well as about the moment when the proprietor complies with the subcontractor's conditions, and the items stated in paragraph 1 are legally trans- ferred into the possession of the consumer.
The consumer has the right during the period that his property has not been legally transferred because the subcontractor invoked retention of title, to defer future payment obligations.
The consumer has the right to require the proprietor (or someone representing him) to earmark those items that belong to him, in order to protect what he has agreed and in order to identify his property. A confirmation sent by the proprietor to the consumer that the referred to items have arrived means that the proprietor holds these items in keeping for the consumer (if necessary, sepa- rately).
Without prejudicing the proprietor's pledge, a termination of the acceptance contract does not lead to the lapse of the consumer's aforesaid rights to ownership before ter- mination has been settled.
The vessel and/or parts as described in the purchase contract (including all the materials and accessories in- tended for the vessel) are deemed to be delivered to the consumer at the moment the parties have reached agreement and the consumer has made a down pay- ment.
Delivery takes place under retention of title, that is to say, the items delivered remain the property of the pro- prietor for as long as the consumer has not met all the payment obligations agreed to in the sales/purchase contract (including the insurance costs referred to in paragraph 4).
The risk attached to the item sold is transferred at the moment of delivery.
The proprietor is obliged to insure the vessel (for use by the consumer) against third-party liability, hull damage and theft from the moment of delivery as stated in para- graph 1 to the moment at which the consumer pays the complete purchase price. The consumer pays the cost of this insurance.
5. The consumer is not entitled to use the items supplied before the referred to transfer of ownership, other than for purposes of dealing with the purchase/sale contract, and is not entitled to sell the items supplied or to dispose of them in any way until the proprietor has received full payment.
6. The proprietor, prior to the referred to transfer of owner- ship, always has access to the items that are his proper- ty, wherever they may be located.
7. As soon as the consumer neglects to meet one or more of his obligations to the proprietor, all claims on the con- sumer can be made immediately and in full, and the pro- prietor is entitled, subject to the provisions in Article 11 and without judicial intervention, to exercise his rights re- garding his property in order to claim back his property. In the latter case, the proprietor is obliged to return the part of the purchase price already paid by the consumer, after deducting expenses.
1. The proprietor is liable for any damage to the consumer as a result of omissions that can be ascribed to the pro- prietor, or to people he employs, or to people appointed by him to carry out the work assigned to him by the con- sumer.
2. The consumer is liable for any claims with respect to the proprietor if the damage can be ascribed to a shortco- ming on the part of the consumer or those associated with him.
3. 4.
'Circumstances beyond one's control' is understood to mean every unforeseeable circumstance which delays or prevents the implementation of the contract, in so far as the proprietor is not able to avoid this circumstance, and is not required to bear the costs, according to the law, the contract or to generally accepted views. 'Circumstances beyond one's control' is also understood to mean a delay caused by materials not being supplied on time, if the delay is not attributable to circumstances that the proprietor could or should have been able to foresee or avoid.
If the situation or circumstance beyond one's control re- sults in the proprietor deferring work, the consumer is al- so relieved of his obligations for that period.
After terminating the contract on grounds of circumstan- ces beyond one's control, the proprietor is entitled to the reimbursement of any costs incurred by him for reason of repair, construction, renovation, installation or comple- tion work, assuming the costs were incurred before it could be expected that these circumstances would lead to termination of the contract and in so far as the consu- mer has profited from the work done.
The proprietor cannot claim circumstances beyond his control if this situation arises after the agreed delivery period has overrun by 15% and is caused by his own actions or by circumstances he is responsible for.
1. If one of the parties does not comply with their obligation, the other party is entitled to defer their compliance with the associated obligation. In the event of partial or inade- quate compliance, deferral is only permitted where the breach justifies that.
2. If one of the parties does not comply with their obliga- tions regarding the contract, the other party is entitled to terminate the contract, unless the breach is not justifia- ble due to the particular nature or minor significance of the breach. Should the need arise, the consumer is obli- ged to agree to deregistration, if the vessel is registered in his name.
The proprietor is required to take out adequate insu- rance for the vessel being built and for the materials in- tended for new constructions or renovations, pieces of equipment and other accessories in order to cover the time the vessel is at the boatyard as well as during the inspection and trial run up until delivery, the insurance being in his name and against all risks that a Dutch Bourse Hull Insurance policy for construction work, or an equivalent policy, covers.
The proprietor transfers his entitlement to receiving insu- rance monies to the consumer, the amount payable be- ing equal to the down payment already made by the con- sumer. The proprietor informs the insurance company that this has occurred.
Furthermore, the proprietor is required to warn the con- sumer if expiry of the insurance contract is imminent. The consumer is at all times entitled to defer his pay- ments if the proprietor has not been able to demonstrate his compliance with the aforementioned obligations.
The insurance monies to be paid out as the result of a claim shall be utilised for repairing the damage in a man- ner and at a cost agreed on by both parties.
The provision in the previous paragraph does not apply if the vessel is declared 'total loss'. In that case, the con- tract is deemed to be terminated.
Complaints regarding the implementation of the contract should be made known to the proprietor in written or electronic form and should be described and explained adequately, within a reasonable period, once the con- sumer has noticed or should have noticed the defects.
Not submitting the complaint on time can lead to the con- sumer losing his right regarding the matter, unless it is unreasonable to blame this lateness on the consumer.
If it becomes clear that the complaint cannot be resolved by mutual consultation, a dispute situation has arisen.
Disputes between consumer and proprietor regarding the preparation or execution of contracts regarding services and items delivered or to be delivered by this proprietor, and to which these Terms and Conditions apply, can be brought by either the consumer or the proprietor before the Water Recreation Disputes Settlement Committee, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
The Disputes Settlement Committee mediates in a dis- pute only if the consumer has first submitted his com- plaint to the proprietor.
The Disputes Settlement Committee mediates in a dis- pute only if the dispute involves a sum of not more than € 14,000.
Disputes involving financial interests greater than € 14,000 may only be handled by the Committee if both parties explicitly agree to do so.
Once the complaint has been submitted to the proprietor, the dispute should be submitted to the Disputes Settle- ment Committee no more than three months later.
If a consumer brings a dispute before the Disputes Settlement Committee, the proprietor is bound to this de- cision. If the proprietor brings a dispute before the Dis- putes Settlement Committee, he is required to ask the consumer to declare within five weeks whether he a- grees to this. The proprietor is also required to announce that he will deem himself free to bring the dispute before the court, once the aforementioned period has ended.
7. The Disputes Settlement Committee pronounces its judgment with due regard for the terms of the regulation that apply to the Committee. The decision of the Dis- putes Settlement Committee is made in accordance with that regulation by way of a binding decision. The regula- tion is sent if required.
A fee is payable for hearing a dispute.
8. Only a court or the above-mentioned Disputes Settle-
ment Committee is authorised to take cognisance of dis- putes.
1. HISWA Association guarantees that its members will comply with binding decisions, unless a member decides to submit the binding decision to the court for review within two months of the decision being issued. This gua- rantee is restored if the binding decision is upheld after review by the court and the ruling that demonstrates this has become definitive and is not open to appeal. An amount of up to € 10,000 maximum for each binding de- cision is paid to the consumer by the HISWA Associa- tion. In the case of amounts greater than € 10,000 for each binding decision, the consumer receives an amount of € 10,000. For larger sums, the HISWA Association is obliged to make strenuous efforts to ensure that the member complies with the binding decision.
2. Application of this guarantee demands that the consumer makes a claim to that effect in writing to HISWA Associa- tion and that the amount he claims from the proprietor is transferred to HISWA Association. If the amount claimed from the proprietor is more than € 10,000, the consumer is invited to transfer his payment claim, where this totals more than € 10,000, to HISWA Association, whereupon HISWA Association will request this to be paid under its own name and at its own cost in settlement to the consu- mer.
3. HISWA Association does not supply a performance bond if, before the consumer complies with the specific intake requirements relating to the handling of the dispute (pay- ment of complaint-filing fees, return of completed and signed questionnaire, and a deposit of an amount of mo- ney where applicable), one of the following situations holds:
- the member has been granted a moratorium;
- the member has been declared bankrupt;
- the company activities have effectively been termina-
The date on which cessation of company operations is entered into the Trade Register is the determining factor or an earlier date, for which HISWA Association can make a plausible case for demonstrating that company activities were effectively terminated.
Dutch law is applicable in all disputes relating to this con- tract, unless another national law is applicable on grounds of mandatory rules.
Individual deviations from these General Terms and Condi- tions, including supplements or additions, are required to be recorded in writing or in electronic form after agreement by both proprietor and consumer.
HISWA Association shall amend these General Terms and Conditions only in consultation with the ANWB and the Con- sumers' Association.


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Oct 9
12:30 Notley speech: Premier Rachel Notley speaks about the challenges facing Calgary's business community in a speech to 1,500 community leaders sponsored by the Calgary chamber of commerce. NOTLEYSPEECH FROM BMO CENTRE @RachelNotley Online stream at: http://alberta.ca/news
1:00 Health fraud: Alberta's government watchdog has sounded the alarm over the potential for healthcare fraud in the province. GUEST: Sarah Hoffman, Alberta health minister @shoffmanAB
1:30 Notley reax/commentary on Q&A: GUEST: Janet Brown, pollster ON SITE at BMO CENTRE GUEST: Justin Smith, Director of Policy, Chamber of Commerce
2:00 Political panel: Panellists break down the big federal and provincial stories. GUEST1: Peter Pilarski, political commentator, longtime PC Alberta supporter @ppilarski GUEST2: Dave Cournoyer, political commentator/blogger @davecournoyer
2:30 Soda politics: Pop makers like Coke and Pepsi are scrambling to fight back against the anti-sugar, healthy living movement that has cut into their profits. GUEST: Marion Nestle, professor in the department of nutrition, food studies, and public health at New York University, author of Soda Politics: Taking on Big Soda (and Winning) @marionnestle

subset: commoncrawl


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Does admission of extracurricular dalliance doom Dustin McDaniel's gubernatorial campaign?
The Fix political blog at the Washington Post wools the issue around, comes up maybe/maybe not. Conclusion:
Remember the story about Sen. Claire McCaskill (D-Mo.) billing taxpayers for travel on her private plane that surfaced early in the 2012 cycle? It became an afterthought by the end of her race as the controversy surrounding opponent Rep. Todd Akin (R-Mo.) dominated the conversation.
Now, the Missouri race was a unique contest, and it's not a certainty that other issues will overshadow McDaniel's inappropriate relationship down the road in the campaign. But the fact that it came out in December 2012, as opposed to say, a month before Election Day, is relative good news for McDaniel.
My thought is that McDaniel is at risk as much, if not more, for his choice of companion than for a moral lapse alone. Continuing news coverage of his friend Andi Davis' messy personal and professional life seems likely to continue to underscore that. The news already underscores McDaniel's reputation for impetuousness. And arrested development. And questionable judgment.
The news has certainly made Democrats nervous. Nervous enough for some establishment figures to cast about for ideas on other potential candidates. No Bill Halter doesn't count because he's less well-liked among the Democratic political establishment than McDaniel, who isn't universally beloved. Love didn't matter when he had $1 million in the bank, a fairly clear path to the nomination, a strong office platform for free media and a demonstrated yen for campaigning. Now he has at least a few painful public appearances to endure before we'll have a sense of whether he has a Clintonian touch for soldiering on.
Republicans aren't even much trying to suppress their sniggering. Understandable if not advisable. There are sexual skeletons in a few closets on that side of the aisle, too.
PS — Speaking of sniggering: A spokesman tells AP that McDaniel and Davis never discussed the lawsuit over the school choice law in which she was a lawyer for the plaintiffs. McDaniel's office defended the state statute, which has been struck down. No. I'd guess interdistrict school transfers were not high on their agenda during their private "interaction."


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London street food has never been a bigger deal. In fact, London is a prime UK hotspot for serious kerbside deliciousness. Whether you fancy yourself a bit of a foodie, or love to taste the latest fashionable fare, we've compiled a tasty rundown of some of the best street food vendors the city has to offer. Time to add these beauties to your "must eat" list…
1. The Rib Man
If you're a serious carnivore, The Rib Man's baby back ribs, grilled to perfection and heaped onto welcoming soft white baps are a "must munch". The Rib Man's backstory is even more interesting than his delectable fare. Trained as a butcher at 15, Mark Gevaux lost his leg to a car accident, putting his career on hold. In 2007, The Rib Man was born and can today be found most Sundays on Brick Lane. Just follow your nose. If you're feeling brave, a dose of Mark's "Christ on a Bike" sauce will blow your head off, in the good way.
2. LemLem Kitchen
Food hipsters are always looking for the next, big, inventive thing. Eritrean-inspired "Afro-tacos" may just do the trick. The creation of Makda & Jack Harlow, these beautiful, traditional injera flatbreads are heaped with spiced chicken, soft gamy pulled lamb and a whole host of pickled, salady treats. Head to Netil Market on Saturdays to take a bite.
3. Mike & Ollie
And while we're on the subject of flatbreads, Mike & Ollie is one street food incarnation of Yotam Ottolenghi you do not want to miss. Trained in fine art, co-founder Mike creates delectable masterpieces, wrapping up fillings like fresh, pan-fried mackerel, slow cooked lamb shoulder, free range pork belly and a smorgasbord of frankly divine vegetable accompaniments and sauces. Find Mike & Ollie at Brockley Market on Saturdays.
4. Savage Salads
How does the best salad in the world sound, compared to your regular office lunch? How about if it cost just £5? This is Savage Salad's whole schtick and it's an absolute blinder. Chargrilled aubergine, panzanella, roast beetroot, quinoa, tabouleh, red rice, sun dried tomatoes – these guys create a whole world of delicious salads which won't cost more than a shoddy supermarket sandwich. Find them every Monday-Friday on Broadwick Street in Soho, but come prepared to queue!
5. Bao
When your food is as good as Bao's, you don't need an extensive menu. And this Taiwanese cuisine is good. Really, really good. From handmade steamed milk buns crammed with all manner of Taiwanese goodness (make sure you try the classic pork bun), to soya milk fried chicken which will take you to another plane of gourmet enjoyment, there's not a dud on the list – it's all sublime. Get your fill at 53 Lexington Street, Soho on Saturdays.
Which is your favourite London based street food vendor? Have your say and share your snaps in the Base London Facebook group.


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Elizabeth Olsen and Jeremy Renner spotted shooting 'Avengers: Infinity War' in Scotland
Scarlett Johansson and Paul Bettany have also been spotted on the Scotland set.
Elizabeth Olsen and Jeremy Renner have been spotted shooting Avengers: Infinity War in Scotland.
Olsen, who plays Scarlet Witch, and Renner, who plays Hawkeye, join two other high-profile cast members who have also been spotted on the film's set in Scotland: Scarlett Johansson's Black Widow and Paul Bettany's Vision.
An actor who appears to be Olsen's stunt double was also spotted on the film's set in Scotland earlier this month.
Avengers: Infinity War began shooting in late January.
Though it was originally conceived as one story told over two films, Part 1 and Part 2, it was announced in June 2016 that it had been scaled back to a single film.
However, Avengers: Infinity War and a currently untitled sequel are still being shot shot back to back as planned. Shooting is expected to last until at least October in locations including Atlanta, Edinburgh, Glasgow and the Scottish Highlands.
When filming began in January, a short teaser video was released giving fans a first-look at the blockbuster. It also included short interviews with stars Robert Downey Jr., Tom Holland and Chris Pratt, producer Kevin Feige, writers Stephen McFeely and Christopher Markus, and directors Anthony and Joe Russo.
The film is set for release on May 4, 2018.
The post Elizabeth Olsen and Jeremy Renner spotted shooting 'Avengers: Infinity War' in Scotland appeared first on NME.
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Rangrass et al sought to determine the effects of hospital quality on racial disparities in mortality rates after coronary artery bypass graft. See the invited commentary by Higgins.
Wakeam et al assess the association between safety-net burden and failure to rescue and evaluate the effect of clinical resources on this relationship. A retrospective cohort of 46 519 patients who underwent high-risk inpatient surgery between 2007 and 2010 was assembled using the Nationwide Inpatient Sample. See the Invited Commentary by Hiatt.
Tran Cao et al study trends in the use of minimally invasive distal pancreatectomy and compare the short-term outcomes of minimally invasive distal pancreatectomy with those of open distal pancreatectomy.
Balentine et al hypothesized that patients having colorectal surgery at high-volume hospitals would more likely be discharged to home rather than discharged to skilled rehabilitation facilities to complete recovery. The 2008 National Inpatient Sample data for all colorectal resections were used. See the Invited Commentary by Nakakura.
Gangi et al compare the outcomes of breast-conserving therapy for patients with triple-negative breast cancer (TNBC) with those of patients with non-TNBC subtypes, specifically luminal A, luminal B, and v-erb-b2 avian erythroblastic leukemia viral oncogene homolog 2 (ERBB2) enriched.
Warner et al tested the hypothesis that current and former smoking at the time of admission for inpatient surgery, compared with never smoking, are independently associated with higher incremental health care costs for the surgical episode and the first year after hospital discharge.
Agarwal and coauthors compare the breast cancer–specific survival rates of a contemporary cohort of female patients with early-stage invasive ductal carcinoma undergoing breast conservation therapy, mastectomy alone, or mastectomy with radiation.
In a systematic review and meta-analysis, Chang et al examine the effectiveness and risks of bariatric surgery.
Hall and colleagues identified live liver donors in the Nationwide Inpatient Sample to determine generalizable estimates for postoperative complications following donor hepatectomy and to explore patient- and hospital-level factors associated with complications.
Regenbogen et al review and classify the primary data published since 2000 that are guiding decision making, technical considerations, and the outcomes of surgery for sigmoid diverticulitis.
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White Papers and Application Notes
Finite Element Evaluation of Surface Acoustic Wave Reflection and Scattering from Topographic Irregularities Comparable with the Wavelength
Design of SAW devices needs the accurate study of the scattering fields, arising from the interaction of SAW with topographic irregularities. To solve this problem FE methods very perspective, because with its help one can take into account the actual geometry of the electrodes and reflectors. This work describes results of original time domain calculation of 2D SAW scattering fields in delay line made on 128°YX LiNbO3 substrate. Reflection, transmission and scattering coefficients are numerically evaluated as functions of the reflector's thickness. Calculations of SAW scattering field's picture clearly show that the intense SAW energy scattering into volume occurs for certain parameters of the reflectors, while for some other configuration SAW pass through irregularities practically without scattering.


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Notes of dark stone fruit, earthy and balanced smokiness.
Wuyishan, Fujian province, China.
Our Lapsang Souchong is sourced from the tea farmer Mr. Liang Junde, whose family have been making Lapsang tea for centuries and are widely recognised in China. Many Lapsang Souchong teas are overly smokey, but we feel ours is extremely well balanced. It also pairs perfectly with peaty whiskys.
Per cup: 2 tsp 95°C 3 minutes
Can be infused multiple times.
65 brews per pack | £0.15 per brew
"The perfect tea for a rainy autumn day, Premium Lapsang Souchong, a gently pine-smoked black tea with a lovely fruitiness underneath. Make a cup of tea and join me for another Tèaura tea!"
- Megan Bristow of TastingTeas
This particular Lapsang Souchong (Zheng Shan Xiao Zhong) was made by the famous Liang Junde, renowned for making traditional Lapsang Souchong black tea. He is also the inventor of Jin Jun Mei, one of China's most expensive black teas. Master Liang's family have been living and making Lapsang tea in this village in the mountains of Wuyi for 250 years. Thus, his skill and technical abilities in Lapsang black tea are wildly recognized and well-known in China. He is now 69 years old and getting ready to pass the business down to his son. The tea leaves come from the surrounding valley which is a UNESCO protected site and closed to foreigners.
This outstanding black tea is an authentic Lapsang Souchong from the farm where it was created over 400 years ago, in Tong Mu Village.
The famous smoky notes are achieved by smoking the leaves in the traditional artisan way over pine wood fires, using wood that comes from the surrounding valley. It is much lighter than a traditional 'tarry' lapsang which is made for foreign markets: this is the way it is made for the Chinese.
Notes of cocoa, honey and caramel. Origin: Yunnan, China. Introduction: Black Dragon Pearls are a rare hand-rolled variety of black tea comprising of only the higest quality buds and leaves. Naturally sweet...
Notes of stone fruit, orchids and unsweetened cocoa. Origin: Anhui province, China. Introduction: A great everyday breakfast tea, it is used in many English Breakfast blends and creates a dark mahogany...
Notes of lychee fruit, grapes and honey. Origin: Guangdong, China. Introduction: An indigenous fruit to Southern China, the sweetness of lychee pairs perfectly with black tea. It makes a deliciously sweet and light...


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Small Group Catering / Under 80 People.
Restaurant Equipment For Sale 100% TBE$ All Must Go! 2 full 50 foot trailer's full of smal...
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Music Lounge Downtown Toronto. Opening soon, watch for certificates coming.
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In this day and age everything is going digital. I hear people talking about a paperless society or office an wonder if this could ever happen. Although we are very green at Brandwise, we are not sure this is the area to cut out of your branding efforts. So many companies want to try to cut this by printing their own letters internally on a digitally formated letterhead. And although this is good for the environment it might not be good for your image.
Laser or inkjet prints have come a long way over the last 15+ years I have been in the industry, but it is still hard to compete with the standard professional off-set printing that's been around for years and years. First impressions or continued perceptions are a huge part of setting yourself apart from the competitors in your industry. A strong, clean professional letterhead designed and then printed on a nice heavy sheet of paper makes a lasting impression and shows your clients and prospects that you are serious about your business. This will build trust an an idea that you will come through for them on the project you are selling to them.
Some people are thinking… but why would I send a letter when I can just email the info over. Believe it or not mail is still something a lot of people look forward to each day. A personalized and mailed letter will cut through the clutter of the prospects email inbox. Keep in mind this has to be relevant to the reader as well. I get poorly designed mailings all the time and as soon as I see it was inkjet printed I know the company cheeped out and sure enough it is a sales letter talking all about them. In which case it ends up in the trash. However, what if this letter talked about solving some problems I was having with my company and was professionally designed and printed. I personally would hold onto the letter or call right then if the issue was urgent or file it and give them a call when I needed their help.
Another way to look at this option is this, in a digital world you are setting yourself apart from everyone else by postal mailing a letter. We love technology at Brandwise and use it to our benefit all the time, but we must admit sometimes undermining the system by going lo-tech is the way to go. Basically it comes down to this:
- What can you do to set yourself apart from everyone else?
- How can you do this in the most professional manor?
- How can you make the biggest impact?
- How can you add more value to your company?
A strong professionally printed letterhead and corporate identity package can do just these things.
Now go out there, write a letter, mail it and knock the prospects socks off!


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What the act covers
Protection from harassment,doxxing, alarm or distress suffered, fear or provocation of violence, unlawful stalking and false statements of fact.
Examples taken from Sec 3 Protection from Harassment Act:
Alarm and distress suffered by victim
X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all of their classmates. One of Y's classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section.
Intentional acts: X and Y are co‑workers. At the workplace, X loudly and graphically describes to the other co‑workers X's desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section.
Fear or provocation of violence
Different from harassment, alarm or distress – this is where the victim is a recipient of a threat of physical violence.
Unlawful stalking
Conduct generally associated with stalking a victim or related person:-
– Following him/her;
– Making any communication with him / her by any means;
– Entering or loitering in any place (whether public or private) outside or near his/her place of residence or place of business or any other place frequented by him/her ;
– Interfering with property in his/ her possession;
– Giving or sending material to him/ her, or leaving it where it will be found by, given to or brought to his/ her attention;
– Keeping him / her under surveillance.
Applying for a PO against doxxing
With effect from 1 January 2020, victims who face harassment as a result of doxxing (example: online harassment), can also apply for Protection Orders.
Case Studies
- The High Court, in Benber Dayao Yu v Jacter Singh[2017] SGHC 92, found that a respondent had on their website made a false statement of fact against the applicant. Among other things, the Court found that the respondent had falsely accused the applicant of:
– Misrepresenting to others that he was a national athletics team coach and/or a national athlete.
– Having a molest case against him in his home country and that he had molested the athletes he coached.
The High Court ordered that the respondent:
– Remove all publications relating to the applicant that had been set out in the respondent's webpage
– Desist from publishing further insulting or abusive communications about the applicant on the respondent's webpage
– Further, no other person shall publish or continue to publish the allegations set out in the respondent's webpage
- On 5 February 2015, a local blogger Xiaxueobtained a court order against the SMRT Ltd (Feedback) Facebook page after being harassed online. This court order was obtained pursuant to the Protection From Harassment Act.
- In the case of PP v Lai Zhi Heng, the accused was convicted of stalking after he followed the victim on many occasions, sent numerous text messages to her and even put up fliers with her nude photographs in public areas near her home. Such acts caused the victim to suffer "anguish and torment" for nearly 2 years.
- In the case of Tan Yao Min v PP, the High Court, in hearing a Magistrate's Appeal,affirmed a decision of the District Court to incarcerate a stalker who was obsessed with two sisters, aged 14 and 18.
Consequences for Contravening POHA (Criminal and Civil Law)
Criminal: Fine of up to $5,000 and/or jail term of up to 12 months
Repeat offence: Fine of up to $10,000 and/or jail term of up to 2 years
Civil: Damages: Compensation to the victim
Our Experience
Some cases we have done include:
– Obtaining an Expedited Protection Order against a respondent who had persistently harassed the applicant and repeatedly threatened to use violence against an applicant's family.
– Obtaining a letter of undertaking from a respondent to cease harassing, causing alarm and/or distress to and unlawfully stalking the applicant. The respondent had among other things, stalked the applicant, repeatedly sent threatening WhatsApp text messages to her, and harassed the applicant at her residence.
– Our client was a Respondent in a POHA case. We managed to settle the matter in a confidential, swift, peaceful and amicable manner. The client was pleased with our service and gave the following review on our company's Facebook:
If I'm going to rate your performance from 1 to 10. 10 is the highest score and one is the lowest I'm going to rate as 9. Your performance was great, directed to the point. Made easy and understandable negotiation to the client. Plus the factor of your sense of humour is another asset with you. So no regrets that I choose as my lawyer.
If you require assistance on any POHA related matters or have any enquiries, please feel free to contact our POHA lawyer in Singapore, Ray Louis at +65-90908288.
Other Sources of Information
- State Court, Singapore.
- Wikipedia.
- Ministry of Law, Singapore.
- The Straits Times, Singapore – Jan 2015, Feb 2016.


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Our Local Monitoring Assures Prompt Service
We are in touch with our customers 24 hours a day to make sure their fire, security and safety concerns are being handled professionally and personally.
We receive all your alarm signals ourselves, in our own, in-house central station. Our state-of-the-art alarm receiving station, located in Glens Falls, NY, assures uninterrupted protection. This takes the responsibility off of you to know your alarm is in sound working order.
Our response to all types of situations from power outages, water and sewer emergencies, to medical emergencies and security breaches are filtered back to our central station. The high-tech systems allow an ultra fast response from us any time.
Security systems, fire systems, monitoring sensors and access control are interfaced with 'authority and jurisdiction' (police and fire departments) following current codes and standards. Attention is focused on the customer's needs and aesthetically-designed systems that respect and maintain privacy.
This is important to you because most alarm companies allow the monitoring of your alarm signals to be done at central points elsewhere in the country. Unfortunately, this can lead to delays in signal response times and creates an impersonal situation in an area where your personal safety is concerned.
We dispatch the necessary authorities ourselves. Your alarm signal travels to our high-tech monitoring station. We hire and train our own dispatchers, thereby employing only those who pass our high standards of performance.
- 24 Hour local central monitoring station to receive your alarm system's signals.
- Highly trained staff responds to your signals providing immediate dispatching to the authorities.
- Documentation of openings and closings of premises.
- Scheduled test timers programmed from your alarm system to our central station verifying your systems communication link.
- Peace of Mind.
Monitoring Paperwork
Should you wish to update your emergency contact list, please complete the form below and return same to our office.


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The Coalition of Immokalee Workers (CIW), along with the Alliance for Fair Food, has created the Fair Food Program which they say is "a groundbreaking partnership among workers, growers, and major retail brands like McDonald's, Whole Foods, and Burger King that is ending decades of farmworker poverty and powerlessness." The hamburger chain Wendy's refuses to join in, but a coalition is upping the pressure on the company with a new campaign.
For far too long farmworkers in the U.S. have faced abuse, both physical and verbal, along with racial discrimination and even wage theft. As many as 80 percent of women working in the farm industry have reported sexual harassment on the job according to a 2010 report by the Southern Poverty Law Center.
The Fair Food Program is aimed at addressing these types of problems. "With this program, the women who pick tomatoes to support their families no longer have to leave their dignity in the tomato fields," said farmworker leader Nely Rodriguez. "Women now have a voice and a way to stop the harassment and abuse that has happened for too long."
The demands, which have so far fallen on deaf ears at Wendy's over the last three years, finally resulted in a nationwide boycott launched in March 2016. The campaign has been picking up steam, gaining support from a wide range of religious and political organizations. The CIW and their supporters are simply asking that Wendy's join their counterparts and sign on to the Fair Food Program to ensure the human rights of the farmworkers they rely on are protected.
Now, with a Change.org petition reaching nearly 50,000 signatures, the CIW has garnered two more major supporters. One is the National Council of Churches (NCC), a group that also supported the CIW during its 2003 boycott of Taco Bell. The NCC has a long history of standing up and supporting the fair food movement, and their decision to do so once again comes as little surprise.
The Robert F. Kennedy Center for Justice and Human Rights has also formally endorsed the boycott. Like the NCC, the RFK Center has previously supported the work of CIW.
The costs associated with the agreement are estimated to be as little as one penny per pound of food, so low that the company could sign it and not even have to pass on the cost to consumers. Yet, even if they wanted to, studies have shown that consumers are willing to pay more for products if workers' human rights needs are met. This is apparent now by the consumer outcry for Wendy's to sign on to the program.
In fact, Wendy's is actively running away from the Fair Food Program, a program the New York Times called the "best workplace-monitoring program" in the U.S. Wendy's abandoned the Florida tomato industry after it signed a Fair Food Agreement, and then pulled a corporate stunt the likes of Wal-Mart after the 2013 Bangladesh factory collapse and announced their own "code of conduct."
The Alliance for Fair Food called Wendy's own code of conduct "completely void of effective enforcement mechanisms to protect farmworkers' human rights."
The code of conduct is simply a public relations ploy. It's a collection of pretty words that sound empowering to the worker, while not meeting a single demand or working to improve the safety or living conditions of the farmers. Instead, it appeases the ruling class and makes the consumer believe the company is fighting for the rights of workers while continuing to profit off the workers while not addressing their basic needs.
Dan Arel is a political writer and social activist. He is the author of Parenting Without God and the upcoming book, The Secular Activist.


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Viscose / elastane
2 pocket Shirt
Your size is unavailable ? Check if our suggestions can interest you
product information
Superwashed Sof Touch Jersey Shirt, V-neckline, 2 pockets and 3/4 sleeves.
From choice of yarns to knitting focus, this Superwashed Soft Touch Mesh has been crafted by MAJESTICFILATURES to get the softest touch.
Composition & care
Size advices
The viscose / elastane blend follows the shapes of your silhouette.
We advise you to take your usual size.
Notre mannequin porte une taille 1 et mesure 1m75.
Delivery & Returns
Free delivery in France for orders above 100€
Delivery with Colissimo in France, Europe and UPS Worlwide Saver for the other countries
Know-how & quality
Material : Viscose / elastane
Based on viscose, made from wood fiber, this material is worked with a little elastane to bring more flexibility and comfort in the movement.
Viscose is a material similar to silk in its fluidity and also in its color, which allows us to offer bright colors that do not tarnish after washing.
From the choice of threads to the development of the knitting, this knit has been worked to obtain the softest touch.


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International Symposium on Sputtering and Plasma Processes 2013 (ISSP 2013)
Submitted by admin on
International Symposium on Sputtering and Plasma Processes (ISSP) was established in 1991. The main subject of the 1st symposium was "Reactive Sputtering". It was the time that some new approaches to improve deposition rate and stability of the reactive sputtering process were started to be addressed. Since then, the symposium has been held biennially. At each symposium, the current topics and trends concerning sputtering and plasma processes have become the main focus and such topics have been discussed intensively.


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David Boren, for 17 years a member of the AMR Corp. board of directors, now watches the events from afar.
He's sad to see AMR, its American Airlines Inc. subsidiary and related companies have to seek protection from creditors in federal bankruptcy court. But he is particularly saddened to see Gerard Arpey, the chairman and chief executive, leave the company.
"This country would be so much better off if we had more people who had Gerard Arpey's sense of responsibility and character as well as ability," said Boren, the University of Oklahoma president who retired from the AMR board in May.
"I just hope he gets the credit that he deserves for holding this together with baling wire and lots of hopes and almost magic tricks."
Somewhat overshadowed in all the events of Tuesday's bankruptcy filing was the announcement that Arpey on Monday had decided to retire rather than take the company into Chapter 11 proceedings.
After Arpey told the board he would be leaving, the board voted in favor of filing the bankruptcy papers and named Tom Horton, the president of AMR and American, to replace Arpey.
Arpey late Tuesday declined a request for an interview.
As the news of the bankruptcy and change spread Tuesday morning, a Houston company, Emerald Creek Group LLC, announced that Arpey would be joining the company Thursday as a partner. In a goodbye letter to employees, Arpey said he had decided "to accept one of the offers that have come my way over the years."
The company describes itself as a "private equity firm focused on real estate with the primary objective of building an investment portfolio focused on sustainable value and long term growth."
The career change puts him in partnership with a former rival, Larry Kellner, who retired at the end of 2009 as chairman and CEO of Continental Airlines Inc. and founded Emerald Creek. In Tuesday's announcement, Kellner said the company was "very fortunate to have an executive of Gerard's caliber joining our team."
"Few executives, in any industry, have confronted as many complex, difficult issues as Gerard has — and fewer still have led their companies through tough times with as much skill, character and grace," Kellner said.
In a bit of irony considering his sudden departure, Arpey ascended to the CEO's job at AMR and American after his predecessor, Donald J. Carty, resigned suddenly in 2003. Carty's resignation came after it was disclosed that AMR executives' pensions were protected in a separate trust, at a time when union members were being asked to approve deep concessions for their members.
The AMR board picked Arpey, who joined AMR as a financial analyst in 1982, to take over as CEO. A year later, he added the chairman's position.
Although AMR struggled to regain its footing after the 2003 concessions, AMR returned to profitability in 2006 and 2007. At the same time, an incentive plan tied to AMR's stock performance gave out hundreds of millions in dollars of AMR stock to executives and other "key employees."
That angered employees who backed the 2003 concessions under the "pull together, win together" slogan. The employees are still working under the concessionary contracts negotiated in 2003, and years of talks have not resulted in new contracts.
As Arpey watched major rivals like Delta Air Lines Inc. and United Airlines Inc. cut their labor costs in bankruptcy court, he made cost reductions a major part of labor talks.
Arpey pinned his hopes on a major breakthrough with a new contract with the Allied Pilots Association. But when the APA's leadership turned down American's last offer shortly before the company's board met Nov. 16, it set in motion the events that ended Monday with the decision to file Chapter 11 papers.
Arpey's contract provides that he receives no severance money or bonus, no "golden parachute." Arpey can take early retirement when he turns 55 in July 2013. According to AMR's proxy filed in April 2011, the net present value of his pension then was $4.7 million, part of which he'll be able to withdraw as a lump sum and a portion of which will be paid out as an annuity.
Boren said he regrets that employees don't understand what they're losing with Arpey's departure. Arpey fought eight years to keep from having to take the step that the company finally took this week, Boren said.
"There's no CEO in America that has more capability, integrity and genuine love for a company and its employees," Boren said. "He's a very rare person in corporate America in his real loyalty to his company and the people who work there."


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'Rogue One' Star Alan Tudyk Reveals His Deleted Live-Action Cameo
Posted on Tuesday, October 18th, 2016 by Angie Han
It's no secret Alan Tudyk has a role in Rogue One: A Star Wars Story. As we've discussed extensively, he plays mo-cap character K-2SO, an Imperial droid reprogrammed by Cassian Andor (Diego Luna) to work for the Rebel Alliance. But it turns out he almost had a second, live-action role in the movie as well. Unfortunately, the cameo was cut from the movie at the last minute. Find out about the Rogue One Alan Tudyk live-action cameo below.
Tudyk spilled the beans during a Reddit AMA (via Star Wars News Net) to promote his web series Con Man. "I had a cameo I just found out got cut," he said.
Yeah, I guess it's a cameo — Wray Nerely, so the character that I play in Con Man. Sort of my alter ego in Con Man had a role in Rouge One Star Wars I played a pilot, and the scene got cut I just found out. Like did Wray Nerely survive? I was really looking forward to seeing Wray Nerely in Star Wars, but truthfully Wray Nerely would never get that good of a job. So it was probably pretty good that he didn't.
For a bit of context, Tudyk's Con Man character Wray Nerely is a struggling actor best known for playing a pilot in a beloved but short-lived sci-fi series. (Yes, just like in real life aside from the "struggling" part.) The show follows Wray as he tours the convention circuit, capitalizing off of his past fame even as he yearns to branch out into something else. A Star Wars cameo would have been a huge get for Wray, as Tudyk points out.
Still, it's too bad sci-fi fans won't get the chance to see Tudyk return to pilot another spaceship. We'll just have to comfort ourselves with the fact that he plays a pretty major character in the film, albeit one that doesn't really look like him, and maybe keep our fingers crossed for a deleted scene on the Blu-ray.


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Marathon Runners Stop Aging Out of the Race
More People Over 50 Are Finishing the 26.2-Mile Races; Health Benefits, But Training, Injury Concerns, Too
Adrienne Lotson, who turned 50 this year, is running her first marathon race on Sunday, and no one is more surprised about it than she is.
The New York lawyer only started running in spring of last year and so far has participated in just a few shorter races. "I clearly remember saying that I would never run a marathon," says Ms. Lotson about the grueling 26.2-mile footrace, which mostly attracts younger runners. "I thought marathon runners were certifiably insane," she says.
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For those who don't know Beijing well, when I first moved here in 2002 the city was poorly served by its subway system. This huge and sprawling city only had two lines, one running along Chang'an jie, often called the "Champs-Elysées" of Beijing, which runs east-west through Tiananmen Square, and the other circling around the inner city where the old city walls used to be before they were knocked down – in the 1960s I think – below what is now the Second Ring Road.This whole idea of transit being only for people who can't afford a car isn't just an American thing. It annoys me no end personally, but I get that this really is a popular sentiment in many parts of the world.
Since then, and especially during the build-up to the Olympics in 2008, the city has exploded with subway lines so that Beijing has become, in my opinion, one of the best served cities in the world for its subway system. The outer districts of the city are not well-served by subway (although there are plenty of buses) but, within the city proper, getting around by subway is very easy and fairly quick, including all the way out to the Wudaokou District, where China's two most famous universities, Peking University and Tsinghua University, as well as many famous and less famous schools, are located. I do most of my travel within the city by bicycle or taxi, but for longer trips I usually take the subway, from my home or office to the university, for example, because traffic in Beijing can be terrible and almost always takes a lot longer than the subway.
The real problem with driving I Beijing, by the way, is not just the traffic jams, but mainly the uncertainty about how long it can take to get anywhere. In Mexico, it seems to me, the traffic is horrible but predictable, so that you are pretty sure that you will be 45 minutes late for every meeting. In fact during my days as a Wall Street debt trader whenever I was in Mexico and arrived at a senior government official's office fifteen minutes late, instead of apologizing profusely for being late I felt I had to apologize profusely for coming early. The secretary inevitably looked shocked and no one was prepared to meet me.
In Beijing, on the other hand, I have arrived at meetings anywhere from 20 minutes early to one hour late. It is really hard to predict how long a car trip might take. This makes the subway hugely valuable because you can usually time your trip to within 5-10 minutes.
As an aside, in Beijing someone as "important" as a PKU professor like me shouldn't take the subway. It is low status. If you see a middle-aged well-dressed person on the subway (not that I am ever well-dressed) he is almost certain to be foreign. Two weeks ago for example I had been asked to join two very wealthy Chinese – one a billionaire, I think – for coffee. When I got up to leave to get to my class, one of them very kindly said he would have his chauffer pick me up immediately and take me to Peking University. When I thanked him and told him I didn't really have time to take a car and would have to take the subway, both of them shot me shocked glances, and one of them even commented on my dedication.
(earthling177, I thought of you when I read his article. Prof. Pettis goes into detail about many points we've talked about: who wins and who loses from a flat fare vs. fares by distance, what considerations go into a minimum fare, and so forth.)


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If you are an entrepreneur yourself or you have a business and want to reach a wider market, the obvious way is to go to the mall or supermarket and sell your products. That is not the only way though because you can get out there and promote yourself and your product. The problem is, getting out there and promoting your business to people that don't know about you and your business is a bit different than trying to sell your products at the mall. Find out more in twitter.com.
Putting your name out there for the world to see can be a huge task if you don't know how to do it. Instead of doing that and trying to do it yourself, the best thing to do is to find a mentor who has done it all before. A woman entrepreneur knows how hard it is to open a store or website without help from others and will be happy to do all the work.
She will be able to point you in the right direction as she has done all the hard work. The good news is, she can help you learn how to do the same thing but with the help of others who are already in the industry. The only drawback is, how do you find a mentor who can teach you what you need to know so you can begin the process of becoming an entrepreneur?
The best thing to do is find a woman entrepreneur who is willing to share her knowledge with you. You might think that finding such a person is going to be very difficult because you are a man. But that isn't the case at all. There are plenty of women entrepreneurs who are willing to share their knowledge with you and help you achieve success in whatever you are passionate about.
You just have to know where to look for them. A great place to find successful women entrepreneurs is in local groups. There are lots of ladies who have been in the industry a long time and have turned their passion into a full-time job and are now helping other women become successful.
They will probably have a network and you can ask them for their help when you want to find them. They will help you by showing you places you should go to find a mentor. One good place to look is the internet. There are plenty of female entrepreneurs online and they are all ready to teach you all you need to know to become a successful entrepreneur.
You can also join your own community and ask those who are there for help. You can even make up your own group and offer your services as a mentor. Most women who are involved in these communities are willing to help each other.
If you are not comfortable joining a group or a community to offer help, you can look for mentors who are already working with you. These are the most helpful because they have been where you are now and they can help you where they can. They can provide you with valuable advice and help you become a successful entrepreneur.
To find these individuals, you can search on a large database that will help you find them. It is important to know that not all mentoring programs will be successful for you. Some will not even be successful for you. So make sure you find the ones that are right for you and are willing to share what they know.
So how can you find the right person to mentor you to help you find excellent opportunities in the marketplace? The internet is the best way to find mentors.
You can find links to programs online to help you find a mentor. You can also find forums that specialize in mentor-mentee programs that will point you in the right direction. Just keep in mind that it is best to find a mentor that has already helped someone else like you.
By finding a mentor who has already been there, you will find it much easier to reach the same success that the woman entrepreneur has achieved. The internet has the resources for you to help you succeed if you just put the effort in. and learn from the right sources.


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When we were young, my siblings and I would tell others who asked about our nationalities that we were "half-English and half-Canadian". We'd even make a joke about it, pronouncing half the sentence in a British Surrey accent and the latter half in a Vancouver one. Many years since, as I learned about the kingdom of God and ruminated on the person of Jesus, I saw that Jesus too carried a dual citizenship. A citizen of earth and a citizen of heaven, Jesus modelled the responsibilities and privileges of this dual citizenship.
Most importantly, I saw that Jesus wasn't "halfway" about anything. Indeed, he was fully God and fully man. This is still a mystery to my human mind, yet in my spirit I've intuited from this paradox a valuable lesson in wholeness. I identify still with the fact that I live a sort of "double" life, but I'm no longer divided halfway between my these two identities. I am one hundred percent both. In a sense, I am two hundred percent. And because of Jesus, I am even more than meets the eye: my citizenship in heaven is valid simultaneously with my citizenship on earth. I am fully present on this earth and fully present in the heavenlies, seated with God. [1]
[1] Ephesians 2:6


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Finest from Belgium.
Obviously !
Belgium, always the home base for the finest of gourmet foods. Now 5 of Belgium's best gourmet experts have joined to offer you a complete range of selected and exquisite delicatessen and food ingredients, all made to create sensational foods and flavours. Let us excite you with our innovative, tasty top quality products. Enjoy.


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Jan 17, 1918: "Drum Boogie" Singer Irene Daye Born
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The first Boston Globe Jazz Festival kicked off at the Boston War Memorial Auditorium, later renamed the Hynes Auditorium, on January 14, 1966. The two-day fest was organized by George Wein's Festival Productions, and sponsorship marked a turnaround for the Boston Globe, which had scoffed at the idea of even covering jazz in their paper not so many years before.
Opening night featured a Zoot Sims/Sonny Stitt Quintet with Toshiko Mariano, Steve Swallow, and Alan Dawson; the Dave Brubeck Quartet; the Dizzy Gillespie Quintet with James Moody; Wein's own Newport All Stars with Ruby Braff, Pee Wee Russell and Bud Freeman; and the Stan Getz Quartet with Bostonians Gary Burton and Roy Haynes. The finale featured a five-saxophone front line of Getz, Sims, Stitt, Moody, and Freeman. Paul Desmond, with his alto, chose to stay out of the way.
The second night featured the Duke Ellington Orchestra under the direction of Mercer Ellington, Joe Williams accompanied by the Ellingtonians, Benny Goodman with a quintet, and Herbie Mann with an octet. The Jazz Priest, Father Norman O'Connor, came back to town to emcee the festival's second night.
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On January 10, 2010, reedman and bandleader Dick Johnson, favorite son of Brockton, Mass., died at age 84. Although his band Swing Shift was immensely popular locally, Johnson was best known to the national audience as the clarinetist picked by Artie Shaw to lead his revived orchestra in 1983. Said Shaw of Johnson's clarinet playing in 1980: "He's the best I've ever heard. Bar nobody. And you can quote me on that, anywhere, anytime!"
Dick Johnson spent six years on the road with Charlie Spivak and Buddy Morrow; enjoyed lengthy musical associations with fellow New Englanders Lou Colombo, Herb Pomeroy, and Dave McKenna; and released recordings on Emarcy, Riverside, and Concord. His final recording was Star Dust and Beyond: A Tribute to Artie Shaw, in 2006. Not once, but twice, his hometown of Brockton declared "Dick Johnson Day" in his honor, on September 6, 1984 and May 1, 1999.
It's good to remember Dick Johnson was much more than a Shaw acolyte. Wilder Hobson reviewed Johnson's Riverside recording Most Likely in Saturday Review in 1958, on which a grittier Johnson played only alto. The others in his quartet were Dave McKenna, Wilbur Ware, and Philly Joe Jones. Wrote Hobson: "Johnson, who like all modern altos has listened to Charlie Parker, and who is especially fond of Lee Konitz, plays himself with irresistible verve and invention; he composes intricately jaunty tunes; and his rapport with the other three players is perfection. A good deal of the briskness of a New England October has gotten into this music, but Johnson can also suggest the summer shore."
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Trumpeter William Frank "Frankie" Newton was born in Emory, Va. Newton was already a star when he arrived in Boston in January 1942, and stayed for almost two years. He'd played with Cecil Scott, Charlie Barnet, John Kirby, and Teddy Hill; played on Bessie Smith's "Gimme a Pigfoot" session in 1933 (her last), and on Billie Holiday's recording of "Strange Fruit" in 1939. He was a founding member of John Kirby's swing sextet, and often played at Barney Josephson's Cafe Society nightclub.
His engagement at the Savoy, with trombonist Vic Dickenson alongside, turned Boston jazz on its ear, and his professionalism raised the level of play on bandstands all across town. Wrote one reporter that year: "There's only one word for Frankie Newton: magnificent."
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COVID-19 | Please note our website is temporarily closed for business
Please note: this is a rough size guide and sizes may vary depending on the style, shape and manufacturing of each product.
The sizes are measured from the inner sole and we recommend that you measure the length of your foot without shoes on, for a more accurate reading.
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Pogo is a tassel loafer by Base London. Simple and casual in its approach, Pogo is a fun addition to your summer footlocker. The stitching around the toe helps to frame and draw the eye towards the tassell, while the flexible rubber sole and Ortholite sock will keep a spring in your step. Easy to style with shorts or dress up with a well fitting summer suit or chinos.


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Copresented with The Andy Warhol Museum and the University of Pittsburgh's Office of the Provost and Humanities Center
UPDATED: We've added a second show! Choose between 7 p.m. and 8:30 p.m. when you click the ticket link.
Two acclaimed Pittsburgh artists—composer/pianist Amy Williams and video artist Aaron Henderson—have teamed up to create a unique performance piece with live music and video. Cineshape is an innovative collaborative performance made up of five compositions by Williams, each inspired by an existing film, and five new video pieces inspired by the original music. Williams invented the word, Cineshape, back in 2003 when she wrote the first piece in the series (now there's an app to add a "shape overlay or mask to a video for social networks"— which didn't exist in 2003!). The word refers to musical compositions that draw structural inspiration from films.
Along with live video processing, Cineshape will be performed by a dream team of contemporary music experts, including the JACK Quartet, flutist Lindsey Goodman, percussionist Scott Christian and the composer at the piano.
Henderson and Williams have been working for over a year on this collaboration—the culminating project for Williams' year as a Guggenheim Fellow. The visual imagery is taken from sources as diverse as NASA footage and highly magnified chemical reactions. The source films for Williams' compositions are Chunhyang, Time Code, The Lives of Others, Run Lola Run and Rope. Cineshape will provide Pittsburgh audiences with an unforgettable performance experience: stellar performers playing exciting new works that fuse the visual and sonic.
Tickets are available through the University of Pittsburgh Stages Box Office, by calling 412-624-7529, or visiting music.pitt.edu/tickets. Tickets in advance: general admission is $15; students and seniors are $10. At the door: general admission is $20; students and seniors are $15. (No free student tickets at the Warhol.) Purchase tickets.
Critical praise for the performers:
The JACK Quartet ties "impeccable musicianship to intellectual ferocity and a take-no prisoners sense of commitment." (Washington Post)
"Mind-blowingly good...it was impossible to anticipate the primal emotions that the JACK...could create..." (Los Angeles Times)
"Their interpretations bristle, sparkle, and ache." (Baltimore City Paper)
"...flutist Lindsey Goodman appears to know no fear in tackling the most demanding music." (Pittsburgh Tribune-Review)
"...Goodman played with a power I would have thought impossible on the instrument." (Charleston Gazette)
Williams "has a great ear for fresh, varied, and incisive fields of sonic events." (Fanfare)
...[her] music is simultaneously demanding, rewarding, and fascinating...This is cerebral music, to be sure, but of impressive warmth and wit... (The Buffalo News)
"Each of Henderson's exhilarating pieces offer delicious, small revelations…." (The Hook)
"Aaron Henderson's vivid projection design… [multiplies] images into kaleidoscopic patterns." (The New York Times)


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Nine Barrel Collection
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Complex, limited-production wines
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A pocket of Russian River Valley, Green Valley remains the coolest, producing fruit with firm structure and natural balance.
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The cool windy climate in the Sta. Rita Hills allows for an extended growing season while dense vine plantings allow for more concentrated uniform clusters per vine.
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The soulful, spirited Russian River Valley in every sip.
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La Crema's Willamette Valley Pinot Noir, uniquely expressive and elegant, just like Oregon.
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An exceptional expression of a Russian River Valley Pinot Noir, made from the nine of the highest quality barrels.
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In celebration of four decades of winemaking excellence, this wine is a collaboration between La Crema's founding winemaker, Rod Berglund, and La Crema's winemaker, Jen Walsh.
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Limited production sparkling wine crafted in the Méthode Traditionnelle with fruit sourced 100% from the Gran Moraine Vineyard in the Yamhill-Carlton AVA.


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Course summary
This course offers a dynamic and exciting approach to the practice of Graphics and Illustration. By fostering the development of great ideas and challenging existing thinking about the subject, students have the creative space to define their future, finding an individual voice within the fields of visual communication. Teaching comprises of project-based assignments and hands-on workshops where you will be encouraged to explore innovative and experimental ways of defining your practice as a designer or illustrator. Workshops and talks by industrial professionals open up a broad range of media, processes and techniques which are reinforced in group and one-to-one tutorials. You will also have an opportunity to take part in the London Graduate Show upon successful completion. Our degree is designed in collaboration with and validated by Falmouth University. All three years of the programme are delivered at CSVPA and on completion you will be awarded the same qualification and certificate as a student who has graduated from Falmouth University, the UK's No.1 Creative Arts university. At CSVPA, our students are at the heart of everything we do, and we are dedicated to giving them everything they need to succeed. At CSVPA, quite simply, we give you more. As a Graphics & Illustration student you will benefit from: Your own design space and iMac Lecturers who are based in your studios Monday to Friday, giving you high quality one-to-one time Guest speakers offering one-to-one advice, helping you to build industry contacts Small group and one-to-one assistance with essay and dissertation writing 3rd year Graduation Show in London for those who successfully complete the course Access to an in-studio library and photography studios Access to all the materials you need for Printmaking. We provide you with all of the materials (free of charge) for mono printing, silk screen printing, lino printing and collagraph.
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|Or equivalent to 64 tariff points - for example this could include grade B and D.
Ideally applicants should have achieved, or be working towards achieving one of the educational entry requirements below: 2 A levels passes equivalent to 64 UCAS points 1 A level pass grade C or above and a pass at Foundation Diploma Pass grade at UAL Level 3 Extended Diploma Pass grade at BTEC Extended Diploma Students who do not meet these entry requirements will still be considered on their own individual potential to succeed.
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Cambridge School of Visual and Performing Arts
13-14 Round Church Street
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Current Articles
The public realm is a space that belongs to everybody but nobody is allowed to shape it. I noticed that people have an urge to communicate in the puplic domain by leaving their mark at certain spots. Most marks left by people in the city are not welcome and are eliminated immediately. Instead of being active creators of the public domain we are forced to be passive consumers of surroundings covered by commercial signage. Contemporary cities are places of mass consumerism and capitalism with visual representation we take for granted so often. Why don't we reclaim the city?
I want to give people the chance to interact with their urban environment and provide spaces where leaving marks is welcome. I investigated several waiting areas where people from different backgrounds stay for a while without anything to do. The bus stop turned out to be a good spot for my project. Working with graphics and text I partially painted bus stops with scatch-off paint and gave a starting point of a puplic conversation. I asked people to react on certain questions like EINDHOVEN NEEDS MORE..., WHERE TO GO IN EINDHOVEN or I'M CONCERNED ABOUT... I translated everything into dutch to be closer to the local people.
Working on advertisements was much less welcome; these paintings didn't even last 24 hours, while the ones on pure glass are still there. This shows that the control mechanism is active and commercial spaces are well-guarded.
By partially covering advertisements I turn their statement into a question. The McDonald's slogan "I'm lovin' it" is now connected to a target, where you can put your cross on a hamburger. In the advertisement for Knorr sauce I just left the ribbon to ask people for their top ten of the Netherlands.