Many evergreen azaleas never experience the pruning shears, since, for the most part, these plants are naturally well behaved. If they are carefully selected, carefully sited, carefully planted, and properly tended, there is usually little need to prune them in the informal garden. Nevertheless, there are some situations in which pruning can be useful, enough to justify a look at the subject.
Evergreen azaleas have a big advantage over some other garden shrubs when it comes to pruning - lop off the end of most any branch or twig that is not heavily shaded and a healthy plant will soon activate new buds (called adventitious buds) below the cut end. For good results, however, it's best to prune with a plan that takes other factors into account.
Why prune? First of all, to remove dead wood. Branches may be killed by cold over the winter or die in mid-summer after girdling by a hard frost in the spring. They may die back as a result of fungus attack, shading, borers, lack of water or improper fertilizing. Cut out the dead wood back to sound wood, i.e., where a nick with the fingernail reveals a layer of green cambium under the outer bark. If the cut end is more than a quarter of an inch across, I zap it with some aerosol wound dressing to discourage new invasion by fungus or borers. (Incidentally, when fungus is involved, the pruning shears should be sterilized after each cut by dipping in a fairly strong [20%] solution of sodium hypochlorite [Clorox] in water.
One of the most common reasons for pruning evergreen azaleas is to scale back an exuberant bush that is beginning to cover a window or crowd a walkway. Pruning would be unnecessary if a smaller-growing variety had been selected initially and positioned properly when planted. It is possible, however, to keep ambitious plants in bounds by regular judicious pruning. The secret here is to reach below the surface - follow projecting branches back a suitable distance into the bush to functions with other branches and cut them off flush. In this case don't leave stubs, which would probably die from lack of light and could invite fungus invasion. The overall effect is to reduce the size of the plant without destroying its symmetry. The surface of the plant will not be as dense at the outset but should fill in quickly.
Another common reason for pruning is to improve the appearance of tall leggy plants with ugly bare shanks and knobby knees. In these cases major surgery is often needed. Judgment is called for, but in serious cases I usually cut the offending stalks back to within a foot or so of the ground in spring (and spray the cut ends with wound dressing), leaving some low branches intact. Cutting so early will destroy the current year's flowers, of course, but new shoots will start earlier and recovery will be quicker. Strong-growing new shoots should be pinched once or twice up to early August to encourage branching.
Also, some varieties send up suckers from the base of established plants. These usually are shaded out eventually, so it's best to prune them away while they are still small. When the plant is young, however, I like to make sure that it will develop a bushy habit rather than a single trunk like a tree. This means that at least three main branches should be left growing from the base of the plant. That way, if a major calamity such as a borer strikes, all is not lost.
Another reason for pruning is to increase the density of twigs and flower buds on plants of naturally rather open growth. This is accomplished by pinching or shearing the new growth during the growing season to induce branching. Timing is rather critical if optimum results are to be achieved. Not all shoots on a plant are ready for pinching at the same time, and not all varieties ripen at the same time. If the new shoots are pinched too early, while they are still soft, the likely result will be a single new branchlet replacing the nipped growing point, and nothing is accomplished. If pinching is done at the right time, however, several buds will break below the point pruned. I usually wait till late June or early July, depending on variety, when the new shoots tend to snap when bent double. This is also the time to take cuttings for propagation, doubling one's reward for waiting.
Selective pinching of the terminal buds to increase branching can continue up until about the first week of August (later in the South). Pinching or shearing must stop while there is still enough of the growing season left to allow the plants to set flower buds for the next spring's show. Late pruning will take away the flower buds for the following year.
In formal garden, like some Japanese gardens, evergreen azaleas are often sheared to smooth rounded shapes. This is fine and gives results that are pleasing to many people, but, as we indicated earlier, shearing must stop in time for the plants to set flower buds.
In summary, the first rule of pruning is to select the right varieties in the first place and plant them where they'll do what you want without a lot of pruning. There are hundreds of varieties to choose from, dwarf, medium and tall, in many colors, blooming early and late. The second rule is to stop pruning while there is still time for the plant to set flower buds for the next year: around the first of August in the Mid-Atlantic region, and late August in the South. Third, don't leave stubs when pruning larger branches; cut them off flush with another branch.


Is Tuna Bad For You? - Here Is Your Answer.
Pregnant women and children should stick to smaller servings of tuna to avoid mercury. Otherwise, tuna is a healthy (though overfished) source of protein.
Chief among worries about tuna is mercury. Mercury that's attached to a circle of atoms called a methyl group becomes methylmercury. It sticks around in your body. Accumulate to much or pass it to a fetus during pregnancy and it can do damage to the nervous system.
Methylmercury accumulates in the flesh of ocean predators like tuna. Albacore tuna has quite a bit - the FDA recommends no more than a six-ounce serving a week for pregnant women or children. Canned tuna does not generally include albacore and has less. Children and pregnant women are safe to eat twice as much - 12 ounces a week.
There are health benefits to eating tuna as well. It's rich in unsaturated fatty acids, which are better for you than saturated fat. It's also got the vaunted omega-3 fatty acids. They work together with omega-6 fatty acids in somewhat mysterious ways; the right combination, or the right absolute amounts of both, seems to improve heart health and lower risk of disease. The science on the right way to consume omega-3 is still developing. Consuming moderate amounts, however, appears to be good for the heart.
Tuna also has vitamins that we need. One serving contains most of the niacin (vitamin B) that we need in a day. It's used all through the body and is regarded as an essential nutrient. Tuna is also rich in vitamin B12, which the body needs for your blood, your brain, and your DNA.
One serious problem with tuna is our hunger for it. Overfishing has wreaked havoc on tuna populations around the world. A 2013 article in the Guardian reported that the bluefin tuna population in the Pacific had dropped a terrifying 94%. One bluefin sold in Japan for well over a million dollars.
If the trend continues, bluefin will go extinct in the Pacific - the ocean that supplies two-thirds of the world's tuna. Bluefin is one species, and they make up a fraction of the overall tuna population. Eating tuna, however, contributes to pressure on that overall population and will shrink it further until further checks are introduced.


The Avon, OH, GoWireless Verizon Authorized Retailer is conveniently located near the intersection of Detroit Road (Route 254)-and Center Street (Route 83), in the French Creek Square shopping center. We're next to GameStop, Great Clips, Moe's Southwest Grill, and Five Guys Burgers and Fries.
Enjoy a Lake Erie Crushers game. Then visit your local GoWireless Verizon Authorized Retailer to check out the latest generations of iPhone, Android, and Samsung smartphones and tablets. We also stock a wide variety of accessories, including Bluetooth headphones and rugged screen protectors.
Our store's knowledgeable specialists are always on hand to show you how Verizon's wireless plans can help keep you and your family connected with unlimited talk and text, plus shareable data. Experience lightning-fast download speeds and minimum latency with Fios home services.


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Posted: 8 November 2012
Scoring commercial property finance
Although there is a general interest throughout South Africa in investing in commercial property, a high proportion of those wanting to do this are deterred from doing so because they cannot get bank finance, says Jason Lee, national head of Rawson Commercial. Lee explains that they come across cases where a potential investor has gone about things the wrong way.
Having decided to invest in commercial property, he has travelled around until he has found a property which he regards as suitable.
He then makes an offer, subject to getting a bond for which, usually 20 to 30 days are allowed.
During that time he rushes desperately from bank to bank, but all too often fails to get their backing – and then has to opt out of the deal.
What many such potential investors do not realise is that there are alternative ways of financing a commercial property and, these have proved effective throughout most of the developed world.
Can agent withhold my rental deposit?
A Property24 reader asks:
I vacated property on the 30th of September that I rented for a year. On that day the letting agent came to the property and collected the keys walking through the unit. The new tenants moved in the same afternoon. No outgoing inspection was done besides that. When I initially moved in I took it upon myself to complete a list of defects and emailed it to them.
After enquiring about my deposit I received an email on the 11th of October stating that they have deducted R500 for cleaning of the unit and an additional R400 for repairing of a garage lock. I know the garage lock was in working order as I used it daily and the unit was cleaned before I handed over the keys. The agency are also keeping R1 500 of the deposit for the last electricity bill (the electricity deposit was only R1 000).
According to the email the difference would be refunded to me on the 15th of October. So far I have not received one cent. What grounds do I have to demand my full refund as they are being opportunistic retaining money from my deposit?
Alan Levy, an attorney at Alan Levy Attorneys who specialises in evictions, rent recoupment and landlord/tenant law replies:
E-tolls to shift home buying decisions
The introduction of e-tolling, which now seems imminent before Christmas, will have an immediate effect on home buying patterns as well as the use of public transport. So says Jan Davel, MD of the RealNet real estate franchise group, who notes: "We expect, for example, that there will be much more demand among young buyers for flats and townhouses in inner city areas close to their workplaces and in those suburbs close to Gautrain and MetroRail stations and on convenient bus routes.
"In fact, we think that access to good public transport could become a factor almost as important as price, because being able to go without a car and all the related expenses may well make all the difference for such consumers between being able to buy a home and having to carry on renting."
He says "location, location, location" will in this sense become the top property consideration once more."
Among older, more established buyers with families, he says, there is likely to be sharply increased demand in the heritage suburbs for homes with space for home offices – even if it's just a garage or an outbuilding that can be converted – so that owners can cut down on office commutes and gain easy access to good schools and convenient shopping.
Tax Admin Act aims to simplify
The Tax Administration Act (Act 28 of 2011) took effect from 1 October, apart from certain provisions relating to interest which will take effect from a date still to be determined.
Ilsa Groenewald, associate director, tax at BDO Durban, says according to the South African Revenue Services (SARS) Short Guide to the Tax Administration Act, the Act aims to simplify and consolidate, into one Act, a more logical and systematic way of dealing with the tax administration law.
"It eliminates duplication, removes redundant requirements and aligns different requirements that currently exist in different tax Acts".
The concept of a single tax Act dealing with administration was first mooted by the Minister of Finance in the 2005 Budget review and has taken a long time to implement.
Want to buy a home? Family can help
Home buying activity has increased substantially over the past 12 months, even though only about four out of every 10 bonds granted are for 100 percent of the purchase price. This is according to Rudi Botha, chief executive officer of BetterBond who notes that the number of bond applications made by prospective buyers has been increasing steadily for the past 12 months.
Botha explains that this suggests that buyers have come to terms with the new home financing regime imposed in the wake of the National Credit Act and the global financial crisis, and are doing 'whatever it takes' to be able to go ahead with their home purchase plans.
"They see property prices going up again, and they don't want to miss the boat, and at the same time, rentals are continuing to rise due to a shortage of properties to let."
Durban hit by commercial land shortage
The greater Durban area is reportedly experiencing a shortage of land zoned for commercial use with a growing and steady demand for property rentals. According to David Hitch of the Rawson Property Group, it also takes time to find suitable premises for tenants and even when the rezoning of land in some areas has been identified as suitable, it is often time consuming.
"The market is now ideal for buyers looking to get in on the ground floor while prices are still low and purchases of unzoned properties will be worth substantially more once the rights are in place."
Hitch's commercial operation takes in the whole of the greater Durban area.
He explains that currently, there are relatively few companies looking to buy large industrial spaces or to establish themselves in big new premises.
Reader Comments:
Sam 19/11/2012:
Please give advice - can we lay criminal charges? Die agent weier OM die bewys dat die Deposito in n bank rekening is, te verskaf. Hoe weet ons dat die geld nie verdwyn het nie. Wanneer die deposito terugbetaal moet word is dit n bietjie laat. Dan is dit " waarheen gehasie"!!!!!! Ons verhuur ons vakansiehuis. Aan wie Moet ons hom rapporteer? Wat is die verdere stappe wat ons moet neem? Die agent Stuur n rekening dat die stoof vervang is, maar die stoof is nog nie n jaar Oud nie, en dit is onder Waarburg. Wat Gaan Aan?
An answer from [email protected] Would be appreciated: The question is: Are Letting Agents also governed by the rules of conduct of Estate Agents, or may Letting Agents do what they want to do? Specifically as far as the Deposit? Should the deposit be in a trust account?
Antoinette Bosman I read the following, but cannot find specific instructions or a code of conduct for letting agents or for managing agents of sectional title complexes. Which of following are applicable to letting agents and to managing agents - both of these fall in the property field, and both fall under the consumer protection agency. Estate Agency Affairs Board: Code of Conduct Estate agents in South Africa have to abide by the Code of Conduct regulated by the Estate Agency Affairs Board (EAAB), in terms of the Estate Agency Affairs Act. Selected relevant extracts of this EAAB Code are the following:
Estate Agents' General Duty to Protect the Public's Interest In terms of estate agents' general duty to members of the public and other persons or bodies, an estate agent: 2.1 shall not ... do or omit to do any act which is or may be contrary to the integrity of estate agents in general; 2.2 shall protect the interests of his client at all times to the best of his ability, with due regard to the interests of all other parties concerned; 2.3 shall not in his capacity as an estate agent wilfully or negligently fail to perform any work or duties with such degree of care and skill as might reasonably be expected of an estate agent; 2.4 shall comply with both the Act and the regulations promulgated thereunder; 2.5 shall not through the medium of a company, close corporation or third party, or by using such company, close corporation or third party as a front or nominee, do anything which would not be permissible for him to do if he were operating as an estate agent; 2.6 shall not deny equal services to any person for reasons of race, creed, sex, or country of national origin; 2.7 shall not discriminate against a prospective purchaser of immovable property on the grounds that such purchaser will not, or is unlikely to, make use of financial assistance made available by a specific person or financial institution and which the estate agent offers to arrange on his behalf.

redpajama_set_name: RedPajamaCommonCrawl


Have you ever eaten a bug,.....on purpose?
Are you ready to ramp up the "ick" factor and expand you epicurean boundaries?
We've got a family-friendly, informative, edible insect program which explores a short prairie trail and allows participants to enjoy some high-quality food along the path. Over 2 billion people world-wide delight in a diet of insects, so why haven't you considered it?
Join Ranger Lisa at the Nature Center before we survey the prairie for insect friends, and taste some spicy antennae, a crunchy leg, or twitching member of the phylum arthropoda.
• Camera-worthy shots of insect eating!


Within a short time of its founding more than 20 years ago, the Philharmonia Quartet secured its reputation as a standard-setting chamber ensemble, esteemed throughout the world. Made up exclusively of members of the Berliner Philharmoniker the ensemble boasts a varied and innovative repertoire now encompassing more than 100 works. The Quartet thrives on an inexhaustible artistic exploration of the classics – including those of the 20th century – as well as on its commitment to less frequently heard string quartets, by composers such as Hindemith, Reger, Schulhoff and Szymanowski.
The Philharmonia Quartet is a welcome guest in the international musical capitals. At a concert in Buenos Aires in summer 2001, it was awarded the Argentine music critics' prize. The Quartet's recordings, too, are consistently well received: for example, its 2002 release of Britten's Quartets Nos. 2 and 3 won the 2003 Echo Klassik award. As part of the Philharmonic chamber concerts, the Philharmonia Quartet presented a series in the 2003/04 season comprising the complete Beethoven String Quartets; and during the 2005/06 and 2006/07 seasons it performed the complete Shostakovich cycle.


JASON BONHAM'S LED ZEPPELIN EXPERIENCE celebrates the life and music of his father--the legendary Led Zeppelin drummer John Bonham. While BONHAM and his band--guitarist TONY CATANIA, vocalist JAMES DYLAN, bassist MICHAEL DEVIN and keyboardist/pedal-steel guitarist STEPHEN LEBLANC--rock through Led Zeppelin's hallowed catalog (see the set list below), a state-of-the-art sound system and light show brings their live performance onstage to an atmospheric level creating a stunning multimedia concert. As giant screens display art and BONHAM's own historical video footage and photos set the mood. The band's powerful live performance takes concert-goers through a personal journey of JASON's past--in commemoration of his father--with the unforgettable blues-rock of Led Zeppelin.
JASON BONHAM'S LED ZEPPELIN EXPERIENCE will be in the NY/NJ area Wednesday, Nov. 3 at the Count Basie Theater in Red Bank, NJ, Thursday, Nov. 4 at the Bergen PAC in Englewood, NJ and Monday, Nov. 8 at Best Buy Theater in New York City.


Around 40 House conservatives have dung in on their insistence that any legislation to keep the government funded also includes the defunding of the Planned Parenthood organization, which has come under intense scrutiny following the release of undercover videos. House GOP leaders have offered alternatives to the government-funding legislation to defund Planned Parenthood, but it "didn't stop the shutdown talk and may have further infuriated those opposing funding for Planned Parenthood." Sen. Ted Cruz (R-Texas) and other presidential candidates, including former Hewlett-Packard CEO Carly Fiorina, argued forcefully during last week's Republican debate that Republicans should defund the organization – even if it leads to a shutdown. Collender says both House Speaker John Boehner (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Kentucky), who have both pledged to avoid a shutdown, might not be in positions to make that promise.
"So, with less than 10 calendar days left before the fiscal year begins, congressional Republicans still have to negotiate with each other before they even begin to negotiate with House and Senate Democrats and the White House … and there's no obvious (or perhaps possible) resolution in sight," Collender writes.
Other analysts have been more bullish on the prospect of a deal to avoid a shutdown. Chris Krueger, an analyst with Guggenheim Securities, wrote Monday that he believes there's a 30% chance of a shutdown. Greg Valliere, the chief political strategist at the Potomac Research Group, put the odds Monday at 40%.
But with only a handful of working days before the government shuts down – and at least one of those devoted to Pope Francis' visit to the capitol – time is running out.


Since its establishment, the Baltic Dry Index has become one of the foremost indicators on the cost of shipping and an important barometer on the volume of worldwide trade and manufacturing activity. Global factors also play important role in supply and demand of BDI index. BDI and global markets have common economical and financial movement due to market supply and demand which is as a result of turmoil's and crisis. After economic recessions and during economic growth, demand of raw materials increase as production and investments are also increase, as a result transportation volume grows accordingly.
Investors are always looking for practical economic indicators that they can use to help them make informed investing decisions. Recently, Baltic Dry Index can be sources of economic indicator on a global scale. In addition to that the BDI depends on volatile of crude oil prices and port and docking fees which makes BDI to be sensitive for global demand and manufactured goods (Economic SYNOPSES, Federal Reserve Banks of St. Louis). Oomen (2012) mentioned that Baltic Dry Index (BDI) which is a source of measurement to determine cost of raw materials around the world such as iron, coal, cement, grain. Average of price of 23 different shipping routes around the world compiles daily to form the Baltic Dry Index. Economic indicators such as unemployment rate, inflation and oil prices that can be manipulated or influenced by governments and speculators, however, Baltic Dry Index is difficult to manipulate because it is driven by clear forces of supply and demand. One of the reasons for BDI to be difficult to manipulate and influence is number of ships around the world is limited with up to a certain extend therefore in order to manipulate and increase the supply, more ships need to be built which will be very costly.
After economic recessions and during economic growth, demand of raw materials increase as production and investments are also increase, as a result transportation volume grows accordingly. On the other hand, during economic slowdowns, demand of raw material decreases which creates utilized capacity. Global factors also play important role in supply and demand of BDI index. BDI and global markets have common economical and financial movement due to market supply and demand which is as a result of turmoil's and crisis. Iron ore, coal, phosphate, grain and alumina are main goods of dry bulk transportation. These goods are mostly dynamics of construction and energy sector. Moreover, freight rate is determined by raw material demand as transportation need continues to remain the same.
The volatility of the bulk shipping market has gained wide attention, and much research regarding this volatility has been undertaken. In the past decades, econometric and statistical methods, such as VAR, GARCH and VECM models, have been widely used in shipping market analysis and forecasting. For example, Kavussanos and Alizadeh-M (2001) analysed seasonal volatility considering ship type, lease term, market environment, etc. Veenstra and Franses (1997) found that cointegration relations exist between several freight rate time series. Duru and Yoshida (2011) studied the lag and price elasticity of the bulk shipping market through the long-term freight index. The results indicate that the log-linear model is not a good method for bulk shipping market forecasting because of the spurious regression. Byoung-wook (2011) decomposed the bulk shipping market freight time series into a longterm trend component and a temporary particular component with a random model.
Studies that focus on BDI have mostly used VAR-VECM models. However, MS-VAR model have been used in this study because of the nonlinear structure of the economic time series, especially GDP which has been used as the measure of economic performance fluctuates as the business cycles. In these models in perspectives of business cycles, the parameters are assumed to be constant over the sample period which means the relationship between GDP and BDI is stable.
But the world has experienced many significant crises during the past decades. For this reason, the relationship between BDI and economic growth must be analyzed in perspectives of the business cycles because countries and the world experienced many significant crisis. If in time series analysis, phase of the business cycle must be taken into account, the estimated parameters would be incorrect and misleading. One way to overcome these problems is to divide the sample into sub-samples, based on the structural breaks; however, in most cases the exact date of these changes are not known and the researcher must determine it endogenously based on the data. But there is no guarantee that the relationship between GDP and BDI in the same date as the break dates of the variables itself (Falahi:2011;4165-4170; Bildirici:2012;179-205).
Melike E. Bildiricia , Fazıl Kayıkçı , Işıl Şahin Onat ,Yıldız Technical University, Social Science Institute, Istanbul, 34349,Turkey.
4th International Conference on Leadership, Technology, Innovation and Business Management Baltic Dry Index as a Major Economic Policy Indicator: The relationship with Economic Growth ISSN 1877-0428 / doi: 10.1016/j.sbspro.2015.11.389.
© 2015 The Authors. Published by Elsevier Ltd. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer-review under responsibility of the International Conference on Leadership, Technology, Innovation and Business Management.


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Vestalis amethystina – gatunek ważki z rodziny świteziankowatych (Calopterygidae). Występuje na Sumatrze, w Singapurze, na Półwyspie Malajskim i dalej na północ po prowincję Kanchanaburi w Tajlandii.

Przypisy

Vestalis
Ważki Azji
Gatunki i podgatunki zwierząt nazwane w 1965 roku

redpajama_set_name: RedPajamaWikipedia


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763 F. 2d 1001 - Delta Rice Mill Inc v. General Foods Corporation Delta Rice Mill Inc
763 F2d 1001 Delta Rice Mill Inc v. General Foods Corporation Delta Rice Mill Inc
DELTA RICE MILL, INC., Appellant,
GENERAL FOODS CORPORATION, Appellee.
DELTA RICE MILL, INC., Appellee,
GENERAL FOODS CORPORATION, Appellant.
No. 84-1626, 84-1662.
Eighth Circuit.
Submitted March 11, 1985.
Decided June 6, 1985.
Herbert C. Rule, Little Rock, Ark., for appellant.
Stephen M. Reasoner, Jonesboro, Ark., for appellee.
Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and SACHS,* District Judge.
SACHS, District Judge.
In this diversity of citizenship case, both parties to a contract dispute appeal from the judgment entered by the district court.1 The district court entered judgment in favor of plaintiff Delta Rice Mill, Inc. on plaintiff's breach of contract claim against defendant General Foods Corporation, in the amount of $314,448.10. For reasons stated in a reported decision, however, the district court granted judgment in favor of defendant, notwithstanding the verdict, on plaintiff's claims for bad faith misconduct and for punitive damages. Delta Rice Mill, Inc. v. General Foods Corp., 583 F.Supp. 564 (E.D.Ark.1984). The jury had rendered a verdict in plaintiff's favor for compensatory damages in the amount of $22,000 on the bad faith claim and in the amount of $731,000 for punitive damages. We affirm.
Delta Rice has been a supplier of rice to General Foods. The controversy in this case arose from General Foods' rejection of 17,000 hundredweight of rice which was shipped in nine hopper cars to General Foods' Dover, Delaware, facility. General Foods rejected the rice, purportedly because of poor quality; this rejection of the rice occurred after a decline in the market price. Delta Rice contends that General Foods adopted unusual and unauthorized testing procedures in order to avoid buying plaintiff's rice at the price agreed upon before the market dropped. In contrast, General Foods asserts that it was truly concerned about the quality of the rice, that it stepped up its testing procedures because of those concerns, and that the rejected rice was not priced greatly in excess of the prevailing market for rice.
Count I--Breach of Contract
The factual contentions relating to breach of contract have been decided against General Foods by the jury and have been reviewed again on post-trial motions by the district judge. While General Foods as cross-appellant urges us to reverse the breach of contract judgment, oral argument suggests that its principal objective is to avoid reinstatement of the jury verdict for punitive damages.
We conclude that Delta Rice presented a submissible case on the breach of contract claim. The rejected rice had been certified as meeting Department of Agriculture standards. There was also some evidence through a General Foods employee that its specifications were essentially the same as the Government's, and that any differences between the standards and its specifications were not material to the quality complaints made by General Foods after retesting the rice. In its reply brief, General Foods acknowledges that there was an issue of fact as to whether the rice shipped met USDA # 1 grade standards. The ultimate questions were therefore fact issues for the jury.
General Foods complains that the trial judge erred by excluding certain rice samples from jury consideration. The samples were not part of the original testing samples but were taken after the decision had been made to reject the rice. Although purportedly taken from the same cars for Department of Agriculture review, they were taken from six of the eight rejected cars. The rice was tendered for illustrative purposes "to help the trier of fact visualize what out-of-specification rice looks like." Recognizing a potential for improper prejudice and likelihood of jury confusion, the trial judge sustained plaintiff's objection to use of the samples. The ruling was well within the discretion of the trial judge, as defendant's attorney tacitly conceded at trial, given the special circumstances under which the samples were taken, the lack of relationship between the samples and the decision to reject the rice, and the possibility of illustrating the issues without using rice purportedly supplied by plaintiff. General Foods has fallen short of establishing "a clear and prejudicial abuse of discretion" in rejecting evidence, as required for reversal. SCNO Barge Lines, Inc. v. Anderson Clayton & Co., 745 F.2d 1188, 1192 (8th Cir.1984).
The judgment as to Count I (breach of contract) will therefore be affirmed, subject to modification to reflect an agreement between the parties as to interest.2
Count II--Bad Faith
Turning to the appeal by Delta Rice, seeking reversal of the judgment notwithstanding the verdict, we first examine Count II, in which plaintiff sought recovery of compensatory damages for "bad faith as an actionable tort," and obtained a verdict (thereafter set aside) for $22,000.
The claim was a novel one, not yet established by the Arkansas courts except in the context of claims against insurers. Whether bad faith attempts to avoid liability or outrageous conduct by a contracting party will be generally recognized as giving rise to tort liability is an open question under Arkansas law. See Note, Aetna v. Broadway Arms: The Tort of Bad Faith Breach, 38 Ark.L.Rev. 462, 475 (1984). The only Arkansas cases we have been able to find upholding liability on this theory have involved insurance contracts. See, e.g., Employers Equitable Life Insurance Co. v. Williams, 282 Ark. 29, 665 S.W.2d 873 (1984); Aetna Casualty and Surety Co. v. Broadway Arms Corp., 281 Ark. 128, 664 S.W.2d 463 (1984); Findley v. Time Insurance Co., 264 Ark. 647, 573 S.W.2d 908 (en banc 1978).
Despite some doubt that insurance case principles were applicable (583 F.Supp. at 565) the district court submitted plaintiff's claim under an instruction derived from the insurance cases. The gist of the instruction was that liability for damages could be assessed if "General Foods, without a good faith defense, actively engaged in dishonest, malicious or oppressive conduct in order to avoid liability."
A prototype case is Aetna Casualty and Surety Co. v. Broadway Arms Corp., 281 Ark. 128, 664 S.W.2d 463 (1984). Plaintiff there contended that the insurer's representative had said that the alleged loss, which greatly exceeded the book value of property, would be "difficult to explain to the IRS." The Arkansas Supreme Court said it was probable the statement was "intended to put some type of pressure upon [the] insured to settle the claim." Id. at 466. This is apparently the sort of activity that may be characterized as "oppressive conduct" used to avoid liability when there is no "good faith defense" to a claim.
In its post-trial review of the evidence, the court below listed four subjects of complaint, only one of which appears to be related to an attempt to avoid liability: "Defendant made repeated inspections of the rice by means contrary to its own policies." 583 F.Supp. at 566. Observing that there was a clause in the written contract affording a right to inspect the rice upon arrival at General Foods' Dover facility, the court concluded that this inspection "gave General Foods a good faith basis to believe that the rice did not conform to the requirements under the contract." Id. Defendant's conduct was said to be "indicative of negligence and poor judgment" but was deemed insufficient to establish a claim of bad faith, under the standard required by the Arkansas courts in insurance cases. Id.3
Delta Rice has summarized its complaints concerning the methods used by General Foods in retesting the rice as follows: "[I]t broke its own rules by taking samples with the wrong probe, by sampling hopper car compartments 20 to 50 times each, by grading the samples separately instead of as a composite, by ignoring the USDA No. 1 certificates ... and by pretending, when it knew this was not so, that its specifications were different from the USDA." On the other hand, Delta Rice does not here claim error in the trial court's ruling sustaining the contract right of General Foods to inspect its rice at the Dover facility and does not dispute that Department of Agriculture testing personnel at Houston and Kansas City, using samples from the shipment supplied by General Foods, subsequently disagreed with the approvals given by Department employees in Arkansas. In other words, the trial testimony showed that the quality of plaintiff's rice was hotly contested. Plaintiff's objections go more to procedural irregularities than to the substance of the quality issue. The jury's verdict for Delta Rice on the breach of contract issue is not inconsistent with the trial court's ultimate conclusion that there was a real, unfeigned controversy as to liability, and that the defense, while faulty according to the verdict, and the result of "negligence and poor judgment," according to the trial judge, was not wholly unreasonable, frivolous, or fairly described as dishonest.
While Delta Rice roundly condemns General Foods, we do not read the briefs, or the transcript, as indicating that Delta Rice believes it could prove that it has been victimized by fraudulent testing at Dover. A simple claim of fraud, while hard to prove, would have presented a different case.
The Arkansas decisions appear to be consistent with the general rule, frequently applied to insurers, that a failure to make payment of a sound claim can be characterized as a "bad faith refusal to pay" only if there is no genuine issue or controversy between the parties that would justify litigation. See Norman's Heritage Real Estate Co. v. Aetna Cas. & Surety Co., 727 F.2d 911 (10th Cir.1984); Winningham v. Centennial Ins. Co., 708 F.2d 658 (11th Cir.1983); Safeco Ins. Co. of America v. Guyton, 692 F.2d 551, 557 (9th Cir.1982). Perhaps because instructions submitting this issue to the jury are in necessarily general terms, encompassing issues of law, it is not unusual for judges to assume the final responsibility for deciding, as a matter of law, whether the plaintiff has established the tort of bad faith refusal to pay. In all of the above cases, as well as in this court's recent decision in Smith v. Union Mut. Life Ins. Co., supra, the issue was decided at the trial level or on appeal as a matter of law. Judgments notwithstanding the verdict, as in this case, were affirmed in the Tenth Circuit case, cited above, and directed in the Eleventh Circuit case.4
Viewing the evidence in the light most favorable to Delta Rice, as we must in reviewing the judgment notwithstanding the verdict, see SCNO Barge Lines, Inc. v. Anderson Clayton & Co., 745 F.2d at 1192; J & J Farms, Inc. v. Cargill, Inc., 693 F.2d 830, 834-35 n. 1 (8th Cir.1982), we conclude that the district court soundly ruled that evidence relating to the inspections by and at the request of General Foods did not authorize the Count II recovery for "bad faith as an actionable tort."
While the Count II claim is analogous to claims of bad faith refusal to pay insurance claims, and most of plaintiff's citations are to insurance law, another theme in plaintiff's briefing asserts that it has proved "misfeasance," perhaps more meaningfully described as "liability in tort for misperformance of a contract." W. Prosser, Handbook of the Law of Torts Sec. 92, p. 617 (4th ed. 1971). Tort recovery on this theory is illustrated by a recent Eighth Circuit case. Red Lobster Inns of America, Inc. v. Lawyers Title Ins. Corp., 656 F.2d 381 (8th Cir.1981). In Red Lobster a title insurer was held liable for misperformance; its negligent performance of contractual duties was deemed tortious. But the undertaking in this case, to pay for purchases, is similar to an employer's duty to pay wages in employment cases. It is generally held that employee discharge cases cannot be characterized as misperformance of a contract even if some affirmative acts are involved in a breach of the employment contract. Prosser, Torts, p. 618. The question seems to turn on whether the basic contract is treated as one requiring active performance (for which there can be tort recovery for misperformance) or whether there has essentially been a nonperformance of the basic contract obligation. It seems analytically necessary to call this a nonperformance case, and no contrary authority has been cited.
We have considered all of plaintiff's claims of misconduct by defendant, including the four contentions specified by the trial judge. 583 F.Supp. at 566.5 The complaint about inspections has previously been analyzed more closely, because, as in Broadway Arms, it relates to resisting payment of a contract obligation. That was the issue submitted to the jury. The other claims, if accepted by a trier, fairly subject defendant to criticism for mismanagement, poor judgment, and insensitivity to plaintiff's precarious economic condition. We agree with the trial judge, however, that they do not subject defendant to liability for the tort of bad faith, as that doctrine has been developed in the Arkansas cases. In any event we owe deference to the views of the experienced trial judge, in his reading of the current status of the common law of Arkansas.6
Defendant was therefore entitled to judgment in its favor on Count II.
Because plaintiff did not prevail on its tort claim, the punitive damage award must necessarily fail, insofar as it rested on Count II. Insofar as the award may have been based in part on the recovery for breach of contract, under Count I, we agree with what the district judge said on this subject (583 F.Supp. 566-67) and we also conclude that the bar to punitive damages in the contract action has been strengthened by a recent decision of the Arkansas Supreme Court. L.L. Cole & Son, Inc. v. Hickman, 282 Ark. 6, 665 S.W.2d 278 (1984). That decision reaffirms a sharp distinction between damage exposure for torts and on breach of contract claims.
Using a rationale attributed to Justice Holmes, the Supreme Court of Arkansas recognized "the option to breach a contract and pay damages if it is more efficient to do so." Id., 665 S.W.2d at 280. This theory logically results in a limitation of breach of contract damage exposure to losses contemplated by the contracting parties, and for which a defendant "at least tacitly agreed to assume responsibility." Morrow v. First National Bank of Hot Springs, 261 Ark. 568, 550 S.W.2d 429, 430 (1977). Exercise of the "option" of nonperformance does not in itself create exposure to punitive damages. L.L. Cole & Son, Inc., 665 S.W.2d at 280. The Arkansas Supreme Court further ruled in L.L. Cole that tort claims must be separated from breach of contract claims, and that if punitive damages are sought, they are dependent on the success of the tort claims. 665 S.W.2d at 281.
As applied to the case at bar, L.L. Cole teaches that no punitive damages could be allowed under Count I, and their submissibility was dependent on liability under the bad faith claim asserted in Count II. Our ruling on Count II is therefore dispositive of the punitive damage claim.
Having reviewed all contentions of the parties, we conclude that, except for the interest modification noted above, the judgment of the district court should be and is hereby affirmed.
The HONORABLE HOWARD F. SACHS, United States District Judge for the Western District of Missouri, sitting by designation
The Honorable George Howard, Jr., United States District Judge for the Eastern and Western Districts of Arkansas
Delta Rice represents, and General Foods does not deny, that the parties have agreed that interest to the date of judgment should be allowed at the rate of 6% per annum from the date the invoices were due, and at the rate of 9.86% per annum after judgment. The district court is authorized to modify the judgment to reflect any such agreement
This court likewise views the Arkansas test for a vexatious refusal to pay insurance claims as being a rigorous one, difficult to satisfy. A recent Eighth Circuit decision affirmed a directed verdict for an insurer on a tort claim similar to the one at bar, concluding that there was no evidence from which a jury could soundly infer that the insurer at any time "acted in bad faith with an intent to harm" the insured. Smith v. Union Mut. Life Ins. Co., 726 F.2d 437, 440 (8th Cir.1984)
Questions of bad faith refusal to pay are of course for the jury in some circumstances. deVries v. St. Paul Fire and Marine Ins. Co., 716 F.2d 939 (1st Cir.1983). The deVries opinion shows the extreme difficulty encountered by courts in articulating the applicable standards. The vagueness of the terminology gives special cause to question the jury's grasp of the legal standards to be applied. The opinion also shows that heightened (but inexact) requirements are generally used for proving the tort of bad faith, as distinguished from concluding that there has been bad faith in other contexts. 716 F.2d at 943-44
1. Existing economic conditions required a reduction in defendant's rice requirements, but despite its reduced needs, defendant ordered plaintiff to ship the remaining nine cars in mid January, 1983
Assuming the rice shipped by plaintiff was defective, as claimed by defendant, defendant did not disclose or assert that claim until it had held or possessed the rice for approximately three to four weeks. Moreover, defendant in early February stated that it was rejecting the rice; then two weeks later defendant said the rice was on "hold."
Defendant made repeated inspections of the rice by means contrary to its own policies
Defendant's use of one of the cars of rice without paying for it at a time that defendant knew that plaintiff was in the midst of financial difficulties
Plaintiff contends that the trial judge simply interposed a different view of the facts from that of the jury. We believe the trial judge in no sense misapprehended his role, but properly applied his concept of the appropriate legal standards, in accordance with Arkansas law


The laser-cut parts of the case are protected by an adhesive film which needs to be removed before assembly. Bill of Materials Raspberry Pi B+/2/3 Ha..
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Threadbeast, LLC. PRIVACY POLICY
Effective Date Oct 18, 2021
ThreadBeast, LLC. ("ThreadBeast", "we", "us", or "our") recognizes the importance of privacy. In this Privacy Policy, we describe how we may collect, use, and disclose information that we obtain about users of our website www.threadbeast.com (the "Site") and the services available through our Site (collectively, the "Services").
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If you are a California resident, please click here to review our Privacy Policy for California Residents.
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The information below is personal information we may collect about you based on our interactions. It explains how the data is collected and used.
Categories of Information
Personal and Contact Information, e.g., name, email address, mailing address, and phone number o All purposes o Customer Input (e.g., through your Style Profile)
Demographic information and Physical Characteristics, e.g., age, Instagram handle, height, weight and lifestyle information o Provide ThreadBeast Services
o Personalize your experience o Customer Input (e.g., through your Style Profile)
Financial and Transactional Information, e.g., payment card information, delivery information, and information about your transactions and purchases with us o Provide ThreadBeast Services
o Legal purposes Customer Input(e.g., what and how you order from us)
Customer Service Information, e.g., questions and other messages you address to us directly through online forms, feedback or testimonials by email, or over the phone; summaries or voice recordings of your interactions with customer service o All purposes o Customer Input(e.g., through your customer service messages)
Device Information and Device Identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers o Provide ThreadBeast Services
o Personalize your experience
o Threadbeast IT Security
o Legal purposes o From cookies, pixels, tags, and similar tracking technologies
Usage Data, e.g., information about content viewed or download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information o Provide ThreadBeast Services
o Legal purposes o Customer Input(e.g., through your customer service messages)
o From cookies, pixels, tags, and similar tracking technologies
Geolocation, e.g., city, state and ZIP code associated with your IP address o Provide ThreadBeast Services
Other Information, e.g., any other information you you choose to directly provide to us in connection with your use of the Services o All purposes o Customer Input(e.g., through your customer service messages, survey responses, or social media information)
The following provides additional information about the business or commercial purposes for collecting and using your information.
Communicate with you, for example, to:
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o Curating and delivering your shipment
o Improving the quality of customer experience through interactions with our support team and our intellectual property
Personalize your experience, for example, to:
o Identifying you as a customer
o Personalizing your experience with ThreadBeast Services
o Delivering marketing and advertising for the Services
Threadbeast IT Security, for example, to:
o Resolving disputes and/or troubleshoot problems
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o Combatting spam or other malware or security risks
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o Monitoring, enforcing, and improving the security of our Services
Legal purposes, for example, to:
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How we Share and Disclose Your Information
We may share all the personal information identified in this Privacy Policy for our operational or business purposes where the use of such personal information is reasonably necessary and proportionate to achieve the purpose for which it was collected.We may share such information with the following categories of entities and third parties:
An entity that is part of corporate restructuring, including a successor-in-interest or assign.
Government entities.
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Privacy Information for Nevada Residents
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If you have questions about this Privacy Policy or the privacy aspects of our Site or Services, please contact us at:
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This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes, including any material changes, to this Privacy Policy on our Site.
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Aviation Week covers the IS&S annoucement of ThrustSense for King Air.
Stephen Pope from Flying Magazine flys the ThrustSense Autothrottle; read his report.
Aviation Week covers the latest innovations from IS&S at NBAA 2018. Registration required.
Business & Commercial Aviation's Fred George flies the IS&S NextGen Flight Deck and Autothrottle.
Avionics Magazine covers the IS&S NextGen Flight Deck for the King Air platform.
AIN covers the IS&S and Blackhawk Modifications announcement of the King Air Flight Deck and Autothrottle.
Aviation Week's John Croft posts video of his flight aboard the IS&S PC-12 equipped with its Turboprop Autothrottle.


This collection is arranged in four folders. The first folder contains World War II materials including a uniform plan, official correspondence, certificates, and an Attack Order Medical Plan. In the second folder is information relating to LCDR Kidd's service in the Navy Reserve. Finally, the third folder holds his separation orders and I.D. card. The fourth folder contains assignments from Naval Reserve Correspondence Courses.
This collection should be cited as Papers of John M. Kidd, Archives Branch, Naval History and Heritage Command, Washington, D.C.


PSP is the leading production services company in Portugal. It is an energetic, hands-on, empathic company.
"Dream. We do." – this is the new claim we created for PSP and it accurately reflects what we did visually. We treated the name as an ever-changing body that would adapt to the circumstances, creating a visual memory through the composition that has several possible expressions. We needed to incorporate the concepts of order, rationality, and methodology to reinforce the core values of the businessb ut what we truly wanted to convey with the company's new visual identity is its ability to bring the dreams of others to life. And these come from the possibility of changing. This is the identity that unites the ability to create and the ability to dream.


Six Mid West people and ventures with big dreams are a step closer to seeing their dreams reach reality after completing the Catalyst pre-accelerator training program with Pollinators.
The group of six start-ups embarked on the three-month program to learn the business skills to transform their dreams from idea to reality.
They also had the chance to pitch their ideas to big-gun investors as part of the Greater Geraldton Investment Showcase.
Catalyst facilitator Fleur Porter said she was amazed to see the growth experienced in such a short time period.
"Facilitating the Catalyst process was like joining people and their ventures on a journey of incredible growth," Ms Porter said.
"Watching them learn, expand their thinking, connect with and support each-other and then extend their ideas beyond what they originally thought possible was a very cool process to be involved in.
Pollinators chairman Paul Dyer said it was such ventures who would contribute to making the Mid West healthy and resilient.
"At Pollinators our mission is to nurture innovations and people that enable healthy, resilient communities, which is why we facilitate a range of learning opportunities throughout the year: for early-stage commercial ventures, NFPs looking to be more enterprising, and corporates looking to be more innovative," Mr Dyer said.
Participants sought to grow ventures ranging from social initiatives to traditional businesses.
They learned everything from honing their value propositions and writing business plans to marketing and pitching to investors.
Graduate Emma Jackson, who worked on her social venture Scinapse, said Catalyst had enabled her to be more strategic and focused on numbers, customers and customer needs and desires.
"This process challenged me to get out and actually call people up and make connections, which helped me to tweak my ideas," Ms Jackson said.
Northern Agricultural Catchments Council employee Sarah Samulkiewicz-Taylor sought to grow her 'Elevate Your Impact' Initiative through the Catalyst program.
"Catalyst was all about legitimising my idea and realising there are other people who will come on board with your ideas," she said.
Vaughan Masters from Masters IT said Catalyst taught him to become creative and think outside the square about his business while George Ainsley from Ainsley Agroforestry said Catalyst helped him pitch his idea to investors in a succinct and clear manner.
Catalyst was funded thanks to the Mid West Development Commission and Regional Development Australia Mid West Gascoyne, as part of the Mid West Innovation Agenda.
It was supported by the US Embassy Canberra & US Consulate Perth and West Tech who contributed to the Groundswell, conducted by Pollinators.
The Coworking Concept – is it for you?


Sales Tip # 6 – Are you Likeable?
We all know people buy from others they know, like and trust.
If that is true, and I believe it is – are you likeable?
If you are likeable what do you do to be likeable?
Recently, I was meeting with a seasoned business pro. It was our first meeting. He was semi-retired and we were talking how his assessments would help his clients make great hiring decisions. He wanted to see if I was someone he could introduce to others when the need for sales training was identified. We had a very good discussion. I listened as ho told me about his assessment and the positive impact they have when used.
When the time came he asked me how he could help me.
I paused – what do you say to that?
I listened. I was interested. I asked questions for clarity. I really wanted to learn what he did.
I was not satisfied with what I was thinking.
I decided to ask a group of well-respected and accomplished business associates how one is "liked" – from their perspective. They are from all walks of life, of different ages (24 – 61) and they all sell into different markets. They included Mike Lemmeyer (home improvement) from K Guard, Tim Plonski (Financial Services) from JK Investments, Dave Kuhner (Marketing) from Team Kuhner, Bob Powers (Financial Services) from Primerica, Paul Stefunek (Retained Search) from Paul Lawrence & Associates and Ron Finklestein (Sales Training/Consulting) from Business Growth Experience.
Smile – Smiling indicates a high-level of trustworthiness.
Listen – Don't listen to prepare for the next thing you are planning to say but listening to understand.
Eye contact – Making eye contact indicates you are present in the discussion.
Look the part – You must dress as one in your industry would dress. For example, plumber in a tuxedo would raise a red flag whereas a plumber dressed a plumber makes sense.
Communicate effectively – Don't make others guess at the meaning you are trying to communicate.
It seems so simply and I understand how difficult it is to be effective in all five areas. Please let me know your thought and the actions you take to be likeable so others may learn.
If you like this article, check out my newest website: Make a Difference. Here we focus on growing sales, leadership and personal development.
Is there a difference between loyalty and responsibility?
In one of my mastermind groups, one of the members discussed some potentially life changing decisions he would be making in the next few month.
These decisions would impact many people and depending on his decision, some not positively.
When he was asked what was important to him as he decided, he discussed loyalty. As we explored his description of loyalty I realized he was describing my definition of responsibility.
I can be loyal yet not chose to be responsible. I can be responsible and not be loyal.
I am not sure which is more correct – him feeling loyal or responsible.
It was true that he was responsible for whatever decisions he made but was the decisions he made come from a sense of loyalty or responsibility.
Dictionary.com define loyalty as the state or quality of being loyal; 1. Faithfulness to commitments or obligations. 2. Faithful adherence to a sovereign, government, leader, cause, etc. 3. An example or instance of faithfulness, adherence, or the like: a man with fierce loyalties.
Dictionary.com defines responsibility as 1. The state or fact of being responsible, answerable, or accountable for something within one's power, control, or management.
I am thinking he has confused being accountable and being faithful.
This is a hard concept for me. Do you make decisions from loyalty or responsibility and if so how do you distinguish between the two?
Do you have the same understanding when making personal decisions and business decisions?
Four Most Powerful Words in the English Language!
I do a monthly lunch and learn sales coaching program each month. In an effort to reach more people I recorded the session and posted it on YouTube. The link is below. I do not plan to keep this public long so if growing sales is important to you, take some time to watch/listen to this video.
After a short while, I will make this video private and only my client will have access to it via Google Plus.
This video was recorded live as part of a coaching session to private clients of Ron Finklestein and the Business Growth Experience. Ron discusses some challenges sales people must overcome, what business owners expect from people selling to them and nine actions they must take to become more successful. To learn more on implementing these actions please check out our sales training web site at http://www.businessgrowthexperience.net.
If you prefer personal coaching, check out http://www.businessgrowthexperience.com and download our free report: Six questions Prospects Want Answered Before they buy.
If you work in Northeast Ohio and want to attend one of these Lunch & Learn events please click here http://saleslunchandlearn.eventbrite.com.
Can I invite you to coffee?
I give myself permission to call people I want to meet and invite them to coffee.
I have never been turned down using this approach. It is not unusual for this meeting to be schedule out a few weeks but I have never been refused. I do this once a month and I do it for me. I want to learn what others do to be successful so I can be more effective at helping my client grow, prosper and get results.
There are some things you need to know when you do this. Be authentic, don't use it as a ruse to get in front of them and sell them something, be open to what you can learn, and be a good listener.
I recently did this with a gentleman who recently sold his business.
I could tell there was something he wanted to share so I waited for him to make up his mind. Finally he told me that he wanted to get into coaching and he was concerned because he had no methodology. We then talk about my methodology and how it was created. I told him I could shorten his process if wanted to license my approach.
He had to leave to catch a plane and told me he would read some material and let me know next week if he wanted to proceed and learn more.
This all happened because I reached out.
I do group sales training and I shared this story with them. None could believe I would set up meeting without the purpose of getting business. I explained to them that you can have different purposes in meeting others: curiosity, networking, referrals introductions, problem solving, asking advice, etc.
What are you hoping to get out of our meeting today? I ask this because they are meeting with me for their reasons and it is useful to know what they want.
What is your goal and how can I help you achieve it. People are surprised by this because most do not have goals. This helps bring some clarity to the meeting.
Give yourself permission to call someone you find interesting and ask them to coffee. Tell them you the truth; that you have no agenda and you just want to learn about them. Watch how both you and the other person change. Be prepared to create some new meaningful relationships and be open to whatever the situation offers.
Are you being disrespectful (and losing business) and you don't know why?
Have we reached a point where we have no respect for our time or the time of others? I realize that people run late, do not returning call (people I know) or respond to emails, are not necessarily the people I want to do business with. I decided I would not do business with any contractor who was late, did not deliver the proposal when they said they would or did not show, even if they had a good reason (without a call).
I do not think I am too different from the average business owner. I do not have time to waste. I want to associate with people who value my time as much as they value their own time.
How much business is this costing you when you are late? What message are you sending your prospect, associate or friend?
Why is Sales so hard?
Sales is hard if you do not know who your ideal customer is and why they should buy from you. To understand why your clients do not buy, download your free report at www.businessgrowthexperience.com.
Understand that selling is the faster and easiest way to change a persons' life for the best.
If you do not believe your product or service will profoundly change someone's life for the best, you have the wrong product or you are in the wrong profession.
Can being in sales be a true spiritual approach to business and life?
Jim Cartcart was recently on our radio program (WELW.com every Wednesday from 4:30 to 5:30 PM EST) and he gave a definition of selling that transformed my view on sales, how I sell and the contribution I make on the lives of others.
When I sell the Business Growth Experience Sales Rainmaker program I no longer feel as if I am selling. I know the material I teach will change their lives of people who participate and I am proud to call myself a sales professional. I feel good asking to be paid because of the value I am providing.
But is sales a spiritual approach to life?
Most people don't get into sales because they want to be in sales. They get into sales to help solve a problem and being in sales is a byproduct of accomplishing a larger goal, a higher purpose.
I started looking at doctors, teachers, priests, and other helping professions and I realized I am doing the same things they do: solving a problem to make a persons' life better.
I like to think of what we teach as using sales skills that you will use in every area of your life. These skills will work with friends, family, children and significant others and you will be a better person for it as I feel I am a better person for teaching it.
If you are a small business owner who is struggling with sales, give me a call. The first thing we will do is help you understand how you can use your product or service to change someone's life for the better. This is a great first step in realizing the meaning and purpose in what you do.
When I wake up in the morning and I know I am having a positive impact on the lives of others, I am inspired, motivated and compelled to work harder because I know I am making life better for others.
In the business growth experience here is what we do: We tell people to stop selling and teach others to buy. We do that by combining sales and marketing so that our clients know more about their customer then the customers know about themselves. Then we teach them to sell the way the customer wants to buy. That way the product sells itself. When you master this process life gets easier, sales is fun and life is more rewarding.
To a more spiritual approach to selling!
Thanks Jim Cathcart. You changed another life!
1) "Who am I around?" You've got to evaluate everybody who is able to influence you in any way.
2) "What are these associations doing to me?" That's a major question to ask. "What have they got me doing, listening to, reading, thinking and feeling?" You've got to make a serious study of how others are influencing you, both negatively and positively.
3) "Is that okay?" Maybe everyone you associate with has been a positive, energizing influence. Then again, maybe there are some bad apples in the bunch. All I'm suggesting here is that you take a close and objective look. Everything is worth a second look, especially the power of influence. Both will take you somewhere, but only one will take you in the direction you need to go.
Only then can we discuss three ways to handle associations or relationships that are holding you back.
1) Disassociate. This is not an easy decision, nor something you should take lightly, but in some cases it may be essential. You may just have to make the hard choice not to let certain negative influences affect you anymore. It could be a choice that preserves the quality of your life.
2) Limited association. Spend major time with major influences and minor time with minor influences. It is easy to do just the opposite, but don't fall into that trap. Take a look at your priorities and your values. We have so little time at our disposal. Wouldn't it make sense to invest it wisely?
3) Expanding your associations. This is the one I suggest you focus on the most. Find other successful people that you can spend more time with. Invite them to lunch (pick up the tab) and ask them how they have achieved so much or what makes them successful. Now, this is not just about financial success; it can be someone who you want to learn from about having a better marriage, being a better parent, having better health or a stronger spiritual life.
It is called association on purpose—getting around the right people by expanding your circle of influence. And when you do that, you will naturally limit the relationships that are holding you back. Give it a try and see for yourself.
We, as sales professionals, are constantly told that customers lie. They never address the reason customers lie nor do they tell what you can do about it.
Customers lie because they do not want to hear how stupid they are if they do not understand how your product or service will help them.
Customers lie because they feel you will take advantage of them if you learn some sensitive piece of knowledge.
Customer lie because they fear you will charge a higher price if you knew how painful the situation really is.
Ok, customers lie because they need to protect themselves. They lie because we, as sales professionals, have lied to them. I cannot tell you how much sales training I have received where the instructor would say something like, "tell them what they want to hear, even if it not true, to get the appointment. You can always fix it later." We wonder why customers feel the need to protect themselves. I refuse to be party to this kind of mind-set.
As a sales professional, we need to change that. We need to act with the best intentions and the highest effort to do what is in the best interest of our customers. We need to understand their problems and help them solve it.
As a sales professional, we have to assume they are lying to protect themselves and it is our job to act with honesty, integrity, and while having the best interest of our customer in mind at all times so they do not have to (or feel the need to) protect themselves. They understand we are on the same team.
As a sales professional, we must understand how to build rapport quickly and effectively because building rapport is the first step in building trust.
As a sales professional, we must always treat the customers the way they want to be treated so they understand why your product or service is the right and safe choice for them.
If our customers are lying to us we need to stop blaming them and implement actions that allow them to trust us.
If our customers are lying to us we must look inside and see what we are doing they makes them want to lie to us. Then we need to fix it.
Call me if you are not getting the desired results.
I recently went on a weekend retreat with several members of a group I started many years ago. The agenda was simple. All each participant had to do was answer one question: What holds you back? You could discuss personal, business, relationship issues or anything important to you.
My experience is that business skills are easy to teach but the beliefs we have about ourselves are the deciding factors.
Can you put your biggest fears out for all to see? If you say "no," you will have serious problems overcoming them. They lose much of their power once they are shared with others.
Each of us had a chance to put our issues on the table for the world to see. It took courage, intestinal fortitude and a willingness to risk it all. What I found was the group was supportive, nonjudgmental, accepting and each and everyone expressed a sincere effort to understand and help me go deeper.
My awaking was that we all suffer from the flaws of being human. Though I was in the room with people I consider to be successful, I realized we are all human, we all have our fears and doubt AND we are all capable of more.
Share your fears and risk being human. You will find another human will respond. It is liberating to feel heard and understood.
I now know what "I am not done" means to me.
Thanks to all who shared a powerful weekend with me. You know who you are.
What Can You Learn from Business Failures? What Can You Learn from Business Failures?
What Can You Learn from Business Failures?
It's a well known saying that you can learn from your failures and this is supposed to apply to business as well, but is it true? Do failures really teach anything that doesn't lead people into another failure later in life or do people who have failed magically become model businessmen and women?
Business failures are often blamed on some specific occurrence or on somebody else. Perhaps only those who can accept responsibility can move on to be better business people rather than hoping for the perfect balance transfers to get them out of their one way ticket to bankruptcy.
One of life's most stressful times is when a business fails. It is like a death in the family and there is a grieving period to mourn through. Failure brings up thoughts of negativity. Most business people want to just get up and move on to their next venture but the personal and financial problems may not disappear as soon as another business begins.
People close to the entrepreneur will feel the sadness in losing their baby – their business. Some of those close enough to the events may never want to go near a business again if they have to be involved in its formation and then production. For some, it can be even more serious and the loss of their business can lead to more serious personal problems, some which even lead to the need for alcohol or drug abuse treatment.
Unfortunately, even in those trying times you need to turn around and be positive. It is part of a life journey and with those experiences you may recognize the problem if it occurs again. You will be able to see the situation and react differently and much quicker to solve the issues that caused your business to fail.
There will need to be an evaluation of why you failed. These results should set you on the right path so you will be confident you won't fail again.
Whatever happened and whatever will occur in the future, you bear the responsibility to make a successful business. How you present yourself is the first choice you make which will affect how you recover from an initial failure.
You need to be able to take the positives from your failures and build on them. You learnt how to get past failure in school. You didn't know the alphabet to begin with, but after many failures you knew it off by heart quite soon. Business is much the same, except there is always a bigger financial and personal risk.
Failing is a tough pill to swallow and no one wants to give up, but seeing the positive side of one's circumstances positions you for greater chances to find success in the future.
You will need to see failure as a building block for success. Only quality entrepreneurs can see the opportunity when failure is all round. The growth of your new business will be based on the positives from your previous business coupled with the lessons you have learned. Failure is only a state of mind after your business has closed. The business is gone and it is up to you to ensure the future holds a better run business.
You will need to assess your time management and decide if this had anything to do with your business failure. Being in control of your time is a major step in moving a business forward. Too many people concentrate on the wrong priorities in business and often fail to see the bigger picture. You should excel where you have the skills to succeed and employ others to control the aspects of your business that are not your best areas. When you are not a master accountant, have someone else manage your accounts and learn how to check them carefully. If you spend too long on the wrong side of your business you can't be expected to see the problems as they happen.
You can't expect to run your business with technology that is years out of date. Computers, software and business machinery have developed so far in the last few years that you must move with the times if you are to keep abreast of the best aids to help your business. If your web presence is lacking, your competitors will sleep easy at night.
Learn from your mistakes and plan properly to maximize the education you gain through your failure. Success might be just around the corner.


text:
Q: If-else working, switch not I am making an app that has a grid of images with text and each one opens a different activity. It works fine but just for design purposes I want to replace my if-else statements with switch statements (which I assume I can do) however it doesn't work. Right now my working code to set the label on each image is:
if(position == 0)
        textView.setText(R.string.zero);
    else if(position == 1)
        textView.setText(R.string.one);
    else if(position == 2)
        textView.setText(R.string.two);
    else if(position == 3)
        textView.setText(R.string.three);
    else if(position == 4)
        textView.setText(R.string.four);
    else if(position == 5)
        textView.setText(R.string.five);
ect....

I want to use:
switch(position)
case 0:
   textView.setText(R.string.zero);
case 1:
   textView.setText(R.string.one);
case 2:
   textView.setText(R.string.two);
case 3:
   textView.setText(R.string.three);
case 4:
   textView.setText(R.string.four);

but when I did that ever label was the last one that I defined (in my example it would be "four"). I also have a similar code for each object to start a different intent with the position variable however that does the opposite and makes every intent equal to the first one. Is my syntax wrong or will this not work for my situation?

A: Using a break statement after each case should fix the problem.  I would also use a default statement as well after the last case.

A: This is the solution. You need to use break to avoid going through each case:
switch(position)
case 0:
   textView.setText(R.string.zero);
   break;
case 1:
   textView.setText(R.string.one);
   break;
case 2:
   textView.setText(R.string.two);
   break;
case 3:
   textView.setText(R.string.three);
   break;
case 4:
   textView.setText(R.string.four);
   break;

I would recommend to read the oracle documentation about the switch statement.

A: You need to break; after each statement in a case, otherwise execution flows down (all cases below the one you want will also get called), so you'll always get the last case.
switch(position) {
case 0:
    textView.setText(R.string.zero);
    break;
case 1:
    textView.setText(R.string.one);
    break;
case 2:
    textView.setText(R.string.two);
    break;
case 3:
    textView.setText(R.string.three);
    break;
case 4:
    textView.setText(R.string.four);
    break;
}

Here's the official tutorial explaining when to and when not to use break;.

A: You need to use break statement after eace case operations. In a switch-case statement if you dont use a break statement then all the cases after that specific one will be executed also
case 0:
   textView.setText(R.string.zero);
   break;

A: Don't forget to put break; after each case: like that:
switch(position){
case 0:
   textView.setText(R.string.zero);
   break;
case 1:
   textView.setText(R.string.one);
   break;
case 2:
   textView.setText(R.string.two);
   break;
case 3:
   textView.setText(R.string.three);
   break;
case 4:
   textView.setText(R.string.four);
   break;
}

A: In the Switch-case statements, you need to put break; after each case.
switch(position){
case 0:
   textView.setText(R.string.zero);
   break;
case 1:
  textView.setText(R.string.one);
  break;
case 2:
  textView.setText(R.string.two);
  break;
case 3:
  textView.setText(R.string.three);
  break;
case 4:
  textView.setText(R.string.four);
  break;
default:
    System.out.println("not available");
}

Also you need to put default: at last, because when all case are wrong that time perform default: action.
In the switch-case statement not forgot about break; and default action.

A: You need to break; after each branch:
switch (position) {
    case 0:
        textView.setText(R.string.zero);
        break; // <-- here
    // etc
}

Legitimate uses of switch when you don't break exist, those are called fall throughs; or because you return or throw.:
switch (someNumber) {
    case 0:
        return 0;
        // no need for break here
    case 1:
        throw new IllegalArgumentException();
        // no need to break here
    case 2:
        System.out.println("Oh, I got two!");
        // fall through
    case 3:
        return 3;
    default:
        System.out.println("Meh")
        // No need to break: last possible branch
}

return -1;

will return 3 even if you enter 2.
But otherwise you need to break.

A: Each break statement terminates the enclosing switch statement. Control flow continues with the first statement following the switch block. The break statements are necessary because without them, statements in switch blocks fall through: All statements after the matching case label are executed in sequence, regardless of the expression of subsequent case labels, until a break statement is encountered.
Switch is faster than if-else statement
Bottom line : Default is optional(works like else statement in switch), Break is mandatory.
Interesting fact: you won't see any compilation error, even if you forgot to place the break statement.

A: The switch needs a break with in each case. But in your case it could be done much simpler by defining an array as shown below.
String values = {R.string.zero, R.string.one, R.string.two, ... };

Use this to populate textView : textView.setText(values[position]);

redpajama_set_name: RedPajamaStackExchange


text:
Löydetty 1126 Tulokset: father's
While he was still speaking with them, Rachel came with her father's sheep; for she kept them. (Genesis 29, 9)
And Jacob told Rachel that he was her father's kinsman, and that he was Rebekah's son; and she ran and told her father. (Genesis 29, 12)
Now Jacob heard that the sons of Laban were saying, "Jacob has taken all that was our father's; and from what was our father's he has gained all this wealth." (Genesis 31, 1)
and said to them, "I see that your father does not regard me with favor as he did before. But the God of my father has been with me. (Genesis 31, 5)
You know that I have served your father with all my strength; (Genesis 31, 6)
yet your father has cheated me and changed my wages ten times, but God did not permit him to harm me. (Genesis 31, 7)
Thus God has taken away the cattle of your father, and given them to me. (Genesis 31, 9)
Then Rachel and Leah answered him, "Is there any portion or inheritance left to us in our father's house? (Genesis 31, 14)
All the property which God has taken away from our father belongs to us and to our children; now then, whatever God has said to you, do." (Genesis 31, 16)
and he drove away all his cattle, all his livestock which he had gained, the cattle in his possession which he had acquired in Paddan-aram, to go to the land of Canaan to his father Isaac. (Genesis 31, 18)
Laban had gone to shear his sheep, and Rachel stole her father's household gods. (Genesis 31, 19)
It is in my power to do you harm; but the God of your father spoke to me last night, saying, `Take heed that you speak to Jacob neither good nor bad.' (Genesis 31, 29)
"A mulher forte é a que tem temor de Deus, a que mesmo à custa de sacrifício faz a vontade de Deus." São Padre Pio de Pietrelcina