text:
Once-daily Epilepsy Treatment Zebinix® (Eslicarbazepine Acetate) Now Available with Full Reimbursement in Finland
Eisai Europe Limited
03 Feb, 2014, 00:01 GMT
HATFIELD, England, February 3, 2014 /PRNewswire/ --
Eisai announces today that Zebinix® (eslicarbazepine acetate), a novel anti-epilepsy treatment, has received full reimbursement from the Finnish Health Authorities. Once-daily eslicarbazepine acetate, is indicated as adjunctive therapy in adults with partial onset seizures, with or without secondary generalisation.[1]
"Up to a third of people with epilepsy do not achieve adequate seizure control after their first anti-epileptic treatment so there is a continued need for additional effective options. Eslicarbazepine acetate will provide doctors with a new, easy to titrate, adjunctive therapy to help those with inadequately controlled partial onset epilepsy improve their condition," commented Dr. Jukka Peltola, Tampere University Hospital.
Epilepsy is one of the most common neurological conditions in the world and affects approximately 56,000 people in Finland.[2],[3] Despite many anti-epileptic drugs (AEDs) available, the successful treatment of partial onset seizures remains a significant challenge in some patients. Currently, between 20-40% of patients with newly diagnosed epilepsy will become refractory to treatment.[4]
Eslicarbazepine acetate, a third generation sodium channel blocker that differentially and selectively targets slow inactivated sodium channels, was approved by the European Commission in 2009 based on data submitted which showed that it reduces seizure frequency by up to 45% in patients with partial epilepsy.[5],[6],[7] Long-term studies also show that up to 18% of patients achieved seizure freedom with eslicarbazepine acetate,[8],[9],[10] while a real-world, retrospective, multicentre audit (n=202) show up to 19.8% of patients achieved seizure freedom with the AED.[11] A long-term open-label extension study demonstrated a statistically significant improvement in quality of life from baseline, including seizure worry, energy/fatigue, medication effects and cognitive and social function.[12]
Dr. Sten Friberg, Nordic Medical Director for Eisai AB commented: "We are delighted that Zebinix has received 100% reimbursement status in Finland and will provide an effective and well tolerated alternative treatment to help people with epilepsy manage their seizures. Eisai is committed to bringing effective treatments such as this to patients to help improve their quality of life, as underscored by our human health care mission."
The launch of eslicarbazepine acetate in Finland underscores Eisai's human health care (hhc) mission, the company's commitment to innovative solutions in disease prevention, cure and care for the health and wellbeing of people worldwide. Eslicarbazepine acetate is already available in Albania*, Austria, Czech Republic, Cyprus*, Denmark, England, Finland, France, Germany, Greece, Iceland, Malta*, Norway, Portugal*, Republic of Ireland, Scotland, Sweden, Spain (co-promotion with BIAL, the developer of eslicarbazepine acetate) and Wales.
*Exclusively by BIAL
Zebinix® is the EU trade name for eslicarbazepine acetate
Zebinix® is under license from BIAL
About Zebinix®(eslicarbazepine acetate)
Eslicarbazepine acetate is a voltage-gated sodium channel blocker.[13] It selectively targets the slow inactivated state of the sodium ion channel[14],[15] (which have been implicated in the pathogenesis of epilepsy),[16] preventing its return to the active state, and thereby reduces repetitive neuronal firing.[9] Further, eslicarbazepine acetate does not inhibit potassium efflux,[17] which may reduce the potential for repetitive neuronal firings.[18] The efficacy of eslicarbazepine acetate was demonstrated in an initial proof-of-concept phase II study[13] and three subsequent phase III randomised, placebo controlled studies in 1049 patients with refractory partial onset seizures.[5],[6],[7]
For more information please visit: http://www.eisai.co.uk
About Epilepsy
Epilepsy is one of the most common neurological conditions in the world, affecting approximately eight in 1,000 people in Europe, and an estimated 50 million people worldwide.[19],[20] Epilepsy is a chronic disorder of the brain that affects people of all ages. It is characterised by abnormal discharges of neuronal activity which causes seizures. Seizures can vary in severity, from brief lapses of attention or jerking of muscles, to severe and prolonged convulsions. Depending on the seizure type, seizures may be limited to one part of the body, or may involve the whole body. Seizures can also vary in frequency from less than one per year, to several per day. Epilepsy has many possible causes but often the cause is unknown.
About Eisai EMEA in Epilepsy
Eisai is committed to developing and delivering highly beneficial new treatments to help improve the lives of people with epilepsy. The development of AEDs is a major strategic area for Eisai in Europe, the Middle East, Africa, Russia and Oceania (EMEA).
In the EMEA region, Eisai currently has four marketed treatments including:
Fycompa® (perampanel) for use as an adjunctive treatment for partial onset seizures, with or without secondarily generalised seizures, in patients with epilepsy aged 12 years and older
Inovelon® (rufinamide) for the adjunctive treatment of seizures associated with Lennox-Gastaut Syndrome in patients >4 years. (Rufinamide was originally developed by Novartis)
Zebinix® (eslicarbazepine acetate) as adjunctive therapy in adult patients with partial onset seizures, with or without secondary generalisation. (Zebinix is under license from BIAL)
Zonegran® (zonisamide) as monotherapy in adults and adjunctive therapy in adults, adolescents and children aged six years and above with partial onset seizures, with or without secondary generalisation. (Zonegran is under license from the originator Dainippon Sumitomo Pharma)
Eisai is one of the world's leading research and development (R&D) based pharmaceutical companies and we define our corporate mission as "giving first thought to patients and their families and to increasing the benefits health care provides," which we call human health care (hhc).
Eisai concentrates its R&D activities in three key areas:
Neuroscience, including: Alzheimer's disease, epilepsy, pain and weight loss
Oncology including: anticancer therapies; tumour regression, tumour suppression, antibodies, etc
Vascular/Immunological reaction including: thrombocytopenia, rheumatoid arthritis, psoriasis, inflammatory bowel disease
With operations in the U.S., Asia, Europe and its domestic home market of Japan, Eisai employs more than 10,000 people worldwide. From its EMEA Knowledge Centre in Hatfield, UK, Eisai has recently expanded its business operations to include Europe, the Middle East, Africa, Russia and Oceania (EMEA). Eisai EMEA has sales and marketing operations in over 20 markets, including the United Kingdom, France, Germany, Italy, Spain, Switzerland, Sweden, Ireland, Austria, Denmark, Finland, Norway, Portugal, Czech Republic, Slovakia, the Netherlands, Belgium, Russia and the Middle East.
For further information please visit our web site http://www.eisai.co.uk
About BIAL
Founded in 1924, BIAL is an international pharmaceutical group with products available in more than 50 countries throughout four continents. BIAL is a privately held Portuguese research based pharmaceutical company and the largest Portuguese pharmaceutical company, based in S. Mamede do Coronado, Portugal, responsible for the research and development of eslicarbazepine acetate (Zebinix®).
It is the partner of choice for many companies, having a strong presence in the Iberian Peninsula as well as in over 10 countries in Latin America and in around 20 French or Portuguese speaking African countries.
BIAL is strongly committed to therapeutic innovation investing more than 20% of its turnover in research and development every year. Key research areas for BIAL are the central nervous system, the cardiovascular system and allergen immunotherapy. BIAL currently has several other innovative programs under development, which the company expects to bring to the market within the next years, thereby strengthening its position throughout Europe.
Further information about BIAL can be found at http://www.bial.com
1. Eisai Ltd 2013. Zebinix® (eslicarbazepine acetate) summary of product characteristics (last updated April 2013): http://www.medicines.org.uk/emc/medicine/22376/SPC/Zebinix+800mg+tablets/
2. ILAE/IBE/WHO, Epilepsy in the WHO European Region: Fostering Epilepsy Care in Europe 2010. Available at; http://www.ilae.org/Visitors/Documents/ILAEAnnual-Report2010Final_000.pdf (Accessed December 2013)
3. Finnish Epilepsy Association (FEA) http://www.epilepsia.fi/epilepsialiitto/in_english (Accessed December 2013)
4. French JA. Refractory Epilepsy; Clinical Overview. Epilepsia 2007: 48 (Suppl1) 3 - 7
5. Elger C et al. Efficacy and safety of eslicarbazepine acetate as adjunctive treatment in adults with refractory partial-onset seizures: A randomized, double-blind, placebo-controlled, parallel-group phase III study. Epilepsia 2009; 50(3):454-463.
6. Ben-Menachem E et al. Eslicarbazepine acetate as adjunctive therapy in adult patients with partial epilepsy; Epilepsy Research 2010;89:278-285.
7. Gil-Nagel A et al. Efficacy and safety of 800 and 1200 mg eslicarbazepine acetate as adjunctive treatment in adults with refractory partial-onset seizures. Acta Neurol Scand 2009: 120: 281-287.
8. Hufnagel A et al. Long-term safety and efficacy of eslicarbazepine acetate as adjunctive therapy in the treatment of partial-onset seizures in adults with epilepsy: results of a 1-year open-label extension study. Epilepsy Res. 2013 Feb;103(2-3):262-9
9. Halász P et al. Long-term efficacy and safety of eslicarbazepine acetate: Results of a 1-year open-label extension study in partial-onset seizures in adults with epilepsy. Epilepsia, 51(10):1963-1969, 2010.
10. Lopes-Lima J, et al. Long-term treatment of partial epilepsy with eslicarbazepine acetate (ESL): Results of a one-year open-label extension of study BIA-2093-303. Epilepsia 2008; 49(Supplement 7) 441 Abstract 3.227.4
11. Keogh S, et al. Safety and efficacy of eslicarbazepine acetate (Zebinix) in everyday clinical practice using a retrospective multicentre audit. ILAE UK Poster. 2013; 34.
12. Halász P et al. Long-term efficacy and safety of eslicarbazepine acetate: Results of a 1-year open-label extension study in partial-onset seizures in adults with epilepsy. Epilepsia, 51(10):1963-1969, 2010.
13. Almeida L, Soares-da-Silva P. Eslicarbazepine Acetate (BIA 2-093). Neurotherapeutics. 2007 Jan;4(1):88-96
14. Elger C et al. Pharmacokinetics and tolerability of eslicarbazepine acetate and oxcarbazepine at steady state in healthy volunteers. Epilepsia 2013; 54(8): 1453-1461.
15. Hebeisen S et al. The effects of eslicarbazepine and R-licarbazepine on sodium currents through Nav1.7 and
Nav1.8 channels. Epilepsia 2012; 53 (Suppl. 5): 1-245.
16. Vilin YY and Ruben PC. Slow Inactivation in Voltage-Gated Sodium Channels. Cell Biochem Biophys 2001; 35(2):171-190.
17. Elger et al. Eslicarbazepine Acetate: A Double-blind, Add-on, Placebo-controlled Exploratory Trial in Adult Patients with Partial-onset Seizures. Epilepsia 2007; 48(3):497-504
18. Soares-da-silva et al. Assessment of Quality-Of-Life and Depressive Symptoms During Long-Term Treatment with Eslicarbazepine Acetate: BIA-2093-302 Study. Epilepsia 2011; 52(Suppl. 6):23-263
19. Epilepsy in the WHO European Region: Fostering Epilepsy Care in Europe. http://www.ibe-epilepsy.org/downloads/EURO%20Report%20160510.pdf (Accessed December 2013)
20. Pugliatti M, et al. Estimating the cost of epilepsy in Europe: A review with economic modeling. Epilepsia 2007; 48(12) 2224-2233.
Date of preparation: February 2014
Job code: Zebinix-UK2302
SOURCE Eisai Europe Limited


Welcome to the BMW Car Club Of America North Star Chapter!
We serve our BMW friends in Minnesota, as well as some who venture over from western Wisconsin, North and South Dakota. Indeed, we welcome members from all over the country.
Though our official car season may be shorter than some other chapters, we strive to make the most of it with our social events, High Performance Driving Events (HDPE), Car Control Clinics, and through a variety of online and print communications.
We welcome our members involvement in all aspects of the chapter, whether they volunteer for our annual new-member picnic and BBQ, lend some content to our quarterly newsletter, or simply sit in on one of our monthly Board meetings and observe the light-alloy wheels in motion.
If you would like more information, please do not hesitate to contact any of our Board members. All of us in the North Star Chapter look forward to seeing you online and in person!
Visit our BMW CCA National page to participate in discussions on the chapter forum. We also offer current and past issues of the North Star Bavarian in digital form free for download.
For our current members, we have a member only mailing list where you can ask questions, answer questions, participate in group discussions, and stay up to date on what's happening in the club from a member's perspective. To join, please send an email to webmaster@northstarbmw.org with your full name and member number.


text:
Autodynamics > Limit Velocity
A General Discussion on Limit Velocity
By Ricardo Carezani
This is in response to a question during a lecture by Carezani and de Hilster at Cal State Sacramento on June 16, 2000
The SR conclusion that its equations show that the light speed is a limit is related to the SR conclusion that inside an accelerator both Kinetic Energy (KE) and mass (m, mo) increase simultaneously. It is important to note that in fact, both KE and mass cannot increase simultaneously because that would violate energy conservation. If an Electron beam has an energy equal to 1 MeV all its energy is carried only as Kinetic Energy. It is calorimetrically measured. There is no increasing energy that is equivalent to an increasing mass. The SR equation for KE is unambiguous: KE increases because v increases – period. There is no increasing energy because mo increase. mo in the equation stays constant while velocity increases.
The KE doesn't increase because mo increases. KE increases because v increases.
Consequently the SR argument that for a particle to reach light speed is impossible because the particle's mass is larger when the velocity is closer to c and that the mass should be infinite at light velocity is simply not true.
The only thing that increases is the KE and this is clearly show by the equation. To separately apply the mass equation makes no sense because mass doesn't increase or energy conservation is violated.
Reaching Light Speed
AD and SR differ in the reason that is impossible to reach light speed. The following should help illustrate.
It is common knowledge that the Linear Accelerator at Stanford has 230 Klystrons, each one with exactly the same power. The first Klystron to last imparts the same energy to the Electron. We will suppose that this energy or force is f.
The first Klystron imparts force "f" to the Electron and will provoke a velocity equal to v (through acceleration) thus yielding KE equal to E (see Fig. 1). The second Klystron will impart the same force "f' to the same Electron and increases the velocity to v1 and its energy to E1.
SR and AD both accept that energy is equivalent to mass and that Energy also has Inertia. This is true given that radiation has what is universally accepted as "radiation pressure" or radiant energy having momentum.
Of course, v1 is smaller than v because E1 is larger than E. That is, the same force "f" will provoke a smaller acceleration when the particle energy's inertia is larger. The last Klystron will impart only a very small velocity because the electron has a very high level of energy or equivalently, a very large inertia.
Cyclotron Radiation
The above explanation is not absolutely true because it is also known and experimentally proven that an electron loses some energy as it passes through a Cyclotron. This is known as Cyclotron Radiation and is lost each time that the electron is accelerate. This is another reason – or cause in an of itself – that the extra energy is needed to achieve the same velocity explained above.
Also, in certain experiments where Cyclotron Radiation needs to be maintained for long periods of time, new electrons need to be constantly injected in the electronic beam given that fact that as electrons continuously loose energy, their capacity to emit Cyclotron Radiation diminishes. This is not treated by SR's supporters when they talk about increasing mass. In reality, Electrons in the beam constantly "loose" mass.
Mechanism or Machinery
It is important to point out that SR has no new mechanism or machinery to explain increasing velocity. This is because SR uses the so called "billiard ball" model that is equivalent to Newton's mechanical "collision" model. A Klystron's energy "pushes" or "hits" an electron which in turn increases its velocity and consequently its KE.
AD proposes a very different mechanism that fully explains increasing energy without mass increment (as described in AD's Book on page 48, Inside an Accelerator, XVIII).
SR's conclusion proposing c as a limit is not true. Using c in the Lorentz or Carezani coefficient that make up relativity, doesn't mean that c is a limit. We use c as an historical way remind us that in Maxwell's time the fastest velocity measured was Light and Electromagnetic Energy.
Something different happens if C > c is used. Let us suppose that C = 27 c.
Of course to get velocities larger than c is necessary to have a carrier traveling faster than light. AD for the moment proposes gravitons travel at 27 c. Of course this velocity is only a theoretical result. Without experimental or observational values the door is still open to a different value. In one AD faster than light derivation, 10.2 c is found, with a limit velocity equal to 75.22 c. In a Cesium experiment published recently, researchers are talking about 300 times light speed.
SR's arguments don't prove that c is a velocity limit. SR claims c as limit (carrier) and therefore it is impossible to go faster than light since the carrier lacks the capacity to go faster. But if another carrier is used and it is faster than c, it will be possible to get velocities faster than light. Carrier velocity dictates particle velocity, but again, this doesn't prove also that the "new carrier" (27 c) is itself a velocity limit.
In another words, if we selected c as the carrier maximum velocity, it is impossible to surpass that velocity. This is also inherent in the equation itself. The mathematical expression forces c to be the maximum velocity.
Currently, AD accepts this equation but does not accept the concept. In AD, the concept is perfectly clear: the carrier velocity give the particle maximum velocity but this doesn't imply that the actual carrier velocity (c), selected by us, is the speed limit.

redpajama_set_name: RedPajamaCommonCrawl


text:
Meeting ethical and reputational challenges
Following a conversation at a What Next? meeting about the difficult situations cultural organisations can find themselves in when an action sparks controversy – for example, the presentation of a divisive piece of work, or a contentious sponsorship deal – What Next? has produced some practical guidance on ethics. The guidance responds to contributions from organisations across the UK to a What Next? survey on the subject of ethical and reputational challenges and is intended to help leaders meet such challenges with a greater sense of confidence.
"In working to sustain a thriving, vibrant and at times challenging cultural sector, there will be tricky decisions to make and the need to handle difference of opinion. In an increasingly complex world, the more that can be done to approach contention with courage and a zest for debate, the healthier our cultural and civic life. This guidance has been compiled to encourage bold, yet measured decision-making…"
Régis Cochefert, Director, Grants and Programmes, Paul Hamlyn Foundation
Many of the ideas in the document come from survey contributions and the content has been discussed and tested by an advisory group. It has been further informed by interviews across the sector and more widely. It does not attempt to offer definitive answers and every organisation will want to use it in different ways, taking and embedding what is useful to them.


MakerLab NW Makerspace - Page 3 of 16 - What will you make today?
Learn to prepare files for cutting on the Cricut vinyl cutter, how to use the Cricut machine, how to weed your design, and use transfer tape to apply your decals.
Bring your laptop with the Cricut Design Space installed. You'll need to sign up for a free account at https://design.cricut.com. You can also use the mobile app, but it's more limited than the desktop version. Please come with a design in mind, or find one on the internet. I recommend a simple black and white design to start with.
We will cut out our designs and you'll go home with a decal for your car or laptop.
This class will clear you to use the Cricut machine.
This workshop clears members for using the Full Spectrum CO2 laser.


text:
Catoptria staudingeri is a species of moth in the family Crambidae described by Philipp Christoph Zeller in 1863. It is found in France, Spain, Portugal and on Sicily.

The wingspan is about 19 mm.

The larvae feed on moss species.

References

Moths described in 1863
Crambini
Moths of Europe

redpajama_set_name: RedPajamaWikipedia


Soak away your aches in a replicated Meiji-era bathhouse in Ishikawa Prefecture's Yamashiro Onsen.
Ikkyu Onsen on the edge of Kumamoto City offers beautiful private baths for those not comfortable baring it all in the public onsen.
Waon no yu is a local onsen with a wide range of facilities in Higashi-Kanazawa, Ishikawa Prefecture.
Dogo Onsen is said to be the model for the bathhouse in the animation "Spirited Away".


I'm translating community theme to portuguese br.
What is the right way to translate?
Hmmm. I think you are doing it right. No text strings are translated?
Looks to me like it's at least partially working (some items are being translated). I'm thinking that the default .po file was not updated when the theme was for BP 1.2.
Please try rescanning the theme to create a fresh po file to translate from.
The navigation bar [community theme, for example] still in english. And I already translate and upload pt_BR files to languages directory.
Do NOT use the default po file for translation in case it is incomplete.
I rescan, search and ... still with strings not translated.
If you switch to the default BudddyPRess theme does it have the same issue? I'm guessing that your buddypress language file is not updated since 1.2. Those menu items pull from the BuddyPress text domain from what I recall.
I'll get our theme developer to look into it.
this issue had been track for update released soon.
not sure...if it had something to do with the load_theme_textdomain string.
I'm also interested by this thread because I would like to use the WPMUDEV themes in french and german. Are these themes really done to be internationalized? The default theme provided with BP and Andy Peatling is working fine. Buddymatic is also working fine. But the WMPUDEV themes doesn't seem so. Can you clarify the situation of these themes and the translation issue. Thank you in advance. I really could help translating the themes, but the themes should support it by default.
@fredericsidler: Our themes do support it by default if you look they have under library/languages or under languages mo and po files it's a case of you linking those.
the different between wp/wpmu core language and buddypress i18n core language.
they need to create another file bp-custom.php to make it work.
the .po and .mo file theme string..will check it out in new updates.
with rename to your language code and uncomment the function in functions.php?
Assuming the path is right many seem to have had success Richie it's all it seem to do with path and once that is right works or has seemed the case.
@richie_KS thank you very much for the response. I was not sure about it. But I still haven't understood how to manage them. Should I install this plugin http://wordpress.org/extend/plugins/codestyling-localization/ and rescan the PHP files or change something in the PHP files first to let it work and be able to translate the missing occurences.
For info, I'm using BuddyPress Corporate child theme.
What is the best way to translate the missing occurences in french and german.
Hiya, I think that updating everything we have ti 3.0 has delayed any updates on translations etc. - however, I'm sure Richard can update you shortly.


text:
Халид Мушир Исмаэль ( ; 14 февраля 1981, Дохук, Ирак) — иракско-курдский футболист, игравший на позиции полузащитника. Выступал в сборной Ирака.

Карьера
Начал карьеру в «Мосуле», спустя 2 года переходит в «Эрбиль». В «Эрбиле» проводит 2 сезона и в 2004 году переходит в «Дохук». В сезоне 2009/10 Халид приводит клуб к первому трофею и «Дохук» становится чемпионом Ирака. В Кубке АФК «Дохук» доходит до четвертьфинала.

Халид является игроком сборной Ирака и Курдистана. С последней он выиграл VIVA World Cup 2012, а на Al Nakba Cup 2012 проходящем в Палестине команда взяла бронзу.

Достижения
 Чемпион Ирака: 2009/10
 Серебряный призёр чемпионата Ирака: 2011/12
 Бронзовый призёр чемпионата Ирака (2): 2007/08, 2008/09

Примечания

Ссылки

 Профиль на сайте Eurosport.com
 Профиль на сайте Goalzz
 Профиль на сайте Goal.com
 Профиль на сайте Footballdatabase.eu

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Футболисты Ирака
Игроки сборной Ирака по футболу
Игроки ФК «Мосул»
Игроки ФК «Эрбиль»
Игроки ФК «Дахук»
Игроки ФК «Заху»


Lista-de-libros_preparatoria_ciclo_escolar_2012-2013.docx - English Result Pre-Intermediate. Student´s book . CAMBRIDGE. Annie McDonald. Mark Hancock. English Result Pre-Intermediate. Workbook. CAMBRIDGE.
Rlt_upp_portfolio.pdf?cc=global&sellanguage=en - The English Result Upper-intermediate Portfolio Practice Book is based on ... Result Upper-intermediate Portfolio Practice Book. Good luck with your next course!
Book_list_12-13_new.pdf - English Pathways Course Book (An Interactive Course in English) Course Book 1 Oxford University Press ... English 1.Literature Reader 2. Main Course Book 3.
Book list for the session 2013- 2014.doc.pdf - English Pathways Course Book (An Interactive Course in English) Course Book 1 Oxford University Press ... English 1.Literature Reader 2. Main Course Book 3.


In Africa, as elsewhere, "traditional" giving has taken something of a bashing since the launch of the effective altruism, a.k.a. strategic giving, movement—what Kayode Samuel calls "strategic philanthropy that delivers large-scale impact in a sustainable context." Like many effective altruism adherents, Samuel pushes hard for streamlining philanthropy in Nigeria through the creation and consolidation of foundations, mainly corporate, to invest in social transformation by addressing local realities and providing support to development initiatives.
While there is a place for this kind of giving and social investment, Samuel and other proponents of strategic philanthropy do not give enough credit to so-called "traditional" philanthropy, which is not always giving for its own sake but does fulfill serious economic and emotional needs. A case in point is the practice among the Igbo people of Eastern Nigeria wherein wealthy individuals train selected apprentices in trade and other crafts and set them up in business once they attain the required level of proficiency. In addition to providing economic empowerment, this kind of philanthropy enhances awareness of people's interconnectedness and upholds values of community, sharing, and reciprocity by encouraging beneficiaries to pay forward the kindness that they have received. Through this practice, hundreds of young men and women have become self-reliant members of society who might not ordinarily qualify for strategic assistance from philanthropic foundations.
Nigeria (about which Samuel writes), like the rest of Africa, has a long, embedded history of giving. The foundations that form the vanguard of its public philanthropy today are merely reflections of, and coexist with, more ancient, communal forms of philanthropy like age grades and other community organizations. Foundations arguably have more money at their disposal than their antecedents, but there are important reasons why they should not be favored over traditional giving.
As Samuel rightly points out, many of these foundations are based in and focused on Southwest Nigeria, which automatically limits access to their services by people from other parts of the country.
Almost all foundations are offshoots of corporate bodies with specific interests like basic service provision and entrepreneurship development. Again, this limits access to beneficiaries who share these interests and meet the criteria for support.
The very fact of approaching situations of need looking to make large-scale impact, occasioned by the business logic of maximizing efficiency while reducing loss, is a further barrier to foundations helping society's most vulnerable.
Because foundations are organizations with policies and procedures that must be upheld, they are far less flexible than the average man or woman giving to persons in need. The sophisticated business machinery of large foundations can substitute humanity for efficiency. Systematization, while sometimes necessary, is not always helpful.
Traditional giving is not the preserve of "flamboyant moneybags," as Samuel calls them; giving and sharing are a part of daily life for ordinary men and women throughout Nigeria.
There is just not enough publicly accessible knowledge on the scale and practice of traditional philanthropy to allude that it is not sufficiently strategic or transformational, both relative terms.


A bewildering array of digital payment businesses from global names like Facebook's WhatsApp to Google are in a slugfest to win Indian users.
Warren Buffett's Berkshire Hathaway has acquired a stake in the company behind payments leader Paytm, people familiar with the matter said this week. Other big-name players are expanding in India's digital payments market including its banks, its postal service, and its richest man, Mukesh Ambani.
India saw a brief spurt in digital payments two years ago when Prime Minister Narendra Modi's government banned most of the nation's existing bank notes, although the spike petered out as new bills were printed. But over the past year, a string of new apps have made payments increasingly easy, and the discounts and cash bonuses they offer are proving irresistible to young, urban users.
Credit Suisse estimates that the Indian digital payments market will touch $1 trillion by 2023 from about $200 billion (roughly Rs. 14 lakh crores) currently. Cash still accounts for 70 percent of all Indian transactions by value, according to Credit Suisse, and neighbouring China is far more advanced with a mobile payments market worth more than $5 trillion (roughly Rs. 350 lakh crores).
But local players have a stranglehold on China's digital payments space. PM Modi's administration, meanwhile, has welcomed foreign firms in order to expand financial services across India.
"This kind of a promising market exists nowhere else," said Vivek Belgavi, a Mumbai-based partner at consultancy PwC India with an expertise in financial technology.
Still, the Indian payments market remains a chaotic field where the rules are hazy on what players can offer. And users often switch between apps. Rahul Matthan, a Bangalore-based lawyer, says he's used every one of the leading payment apps, although he now confines most of his transactions to BHIM, Paytm and WhatsApp payments.
Began beta-testing its payments service on a million Indians in February this year.
Pros: WhatsApp is India's most popular messaging app, whose quarter of a billion users text family and friends all day. It doesn't need to put in cash to acquire customers and that's a massive advantage.
Google says its payment app crossed 50 million app downloads a few weeks ago. Tez is swiftly adding users and sprinted to increase total number of transactions using the country's Unified Payments Interface, or UPI, a system that's linked to over a 100 banks and facilitates real-time digital transactions.
Pros: Google's Chief Executive Officer Sundar Pichai said Tez is central to the company's India strategy and also key to its global payments push. The payments app has localized, supporting several Indian languages, and is chasing young users with games that offer cashbacks.
Cons: Tez is lagging rival WhatsApp whose strong base of users come from its messaging service. Google has belatedly introduced a chat feature on Tez.
Pros: When Walmart acquired a majority stake in PhonePe's parent Flipkart Online Services, the payments app also acquired a global backer. All signs are that PhonePe is already gaining from Walmart's financial heft with a recent infusion of about $66 million from Flipkart.
Backed by China's Alibaba as well as Ant Financial Services Co., Paytm is India's largest digital payments company and says it has 150 million app downloads.
Pros: An early player, it got a boost from India's demonetization drive in 2016, when a scarcity of cash sent millions scurrying toward providers like Paytm. The company has since built a wide network of merchants and outlets with a robust system of cashbacks and discounts to keep users locked in.
Cons: Paytm's users have to go through a multi-step enrollment process since it's a licensed payments bank, unlike most of its digital wallet rivals like Tez and PhonePe. The regulator recently barred Paytm temporarily from enlisting new users for non-compliancewith procedures. The company said it has responded to the regulator's concerns.
Has 32 million app downloads. Designed by UPI, it's the government's own play in digital payments. The app is simple and fast, appealing to non-technologically savvy users in smaller towns and rural India.
Pros: The government has been actively pushing BHIM, using Modi's face to promote its brand, setting transaction targets for banks and state-owned utilities to boost its user base.
Cons: Despite an initial popularity burst, it hasn't been able to keep pace with rivals whose bottomless pockets have kept users hooked with sweeteners.
An India Post Payments Bank, set up by the state-owned Department of Posts, is starting operations with 650 branches and thousands of trained postmen fanning out to far-flung corners to teach users how to use its app. Also, Ambani's digital payments business via his Jio mobile service, has the potential to jolt rivals.


I started my trip off by being the first visitor in line for the Space Needle. I was on the first elevator up of the day and it felt like I had the whole city to myself. I got to take in the 360 degree views at my own leisure without having to peek through small spaces between crowds of people.
Find the nearest bus stop from the Space Needle (Denny Street) and take the 26 bus to the Fremont Bridge stop. The bus will drop you off on the north side of the bridge. The bridge is the busiest drawbridge in the United States and it opens about every 15 minutes to let boats pass through. If you walk along the west side of the bridge, look up at the tower and you will see a neon light up of Rapunzel. Walking back along the east side of the bridge, you will see the world headquarter for Adobe on your right.
Once you approach the intersection you will see the sculpture "Waiting for the Interurban" this piece features a crowd of people who are waiting for the trolley that once would ran from Fremont to downtown Seattle. The human sculptures seemed to be dressed up as if celebrating Mardi Gras and I have been told that their costumes are regularly changing.
Walking along 34th Street, towards the Aurora Bridge, at the corner you will pass History House, neighborhood museum of history. I did not take the time to explore the interactive exhibits but the fence out front was pretty cool!
Now it's time for a little exercise, take a left at History House and follow the steep hill upwards, following underneath the Aurora Bridge. As you approach the top you will see the Fremont Troll. He was cast into cement when wizard put a spell on him. If you look under his massive hand, you will see that he is crushing a real Volkswagen Beetle. When you are done climbing up on his hand, walking along his arm and up to the top of his head, come back down to earth and make your way back to the center of town walking along 36th street. When you reach the main intersection you will see the Directional Marker, which points to the Troll, Rapunzel, Lenin, and is a point marker for the center of the universe, who knew!?
If you continue on, you will run into the Fremont Rocket and Fremont's Jurassic Park all before arriving at the Fremont Sunday Market. The market is an exciting place to be if you are in town over a weekend, there are a lot of homemade crafts being sold, food trucks to eat from, jewelry to sift through, and handcrafted furniture to check out.
After the market, I took the bus back to the Space Needle and made my way to the Chihuly Garden and Glass Exhibit. This was unbelievable and has definitely become one of my favorite art museums. The museum even has an app that provides room by room narration so you are walked through the artist's journey as he developed his works and the viewer gets a real understanding of his different styles. Chihuly believes that glass is fluid, colorful and alive and should be shown in nature. After touring the dark rooms, with black floors and walls to create mirror images of the work, I made my way outside to the gardens. Which is filled with flowers, logs and the incredible glass sculptures.
From the garden it is an easy walk down to the Olympic Sculpture Park, a 9-acre outdoor sculpture museum along the waterfront.
A mile and a half along the water brought me to the notorious Gum Wall. Where I chewed up my Hubba Bubba and found a prime resting spot for it! The Gum Wall is one of the top three germiest places in the whole world, and I got to leave my mark on it!
After exploring the market, I walked directly across the street to get my caffeine boost at the first ever Starbucks location!
With my ice-coffee in hand, I made my way to the Waterfall Garden Park. A very quaint, relaxing area to rest my feet before I continued on.
At dusk I made my way down to Pioneer Square where I joined the Seattle Underground Tour. After 25 square blocks of Seattle were destroyed in the Great Seattle Fire of 1889, the city decided to rebuild in all stone or brick masonry and life the city streets to be above the waterline. Thus creating an underground city. The city built retaining walls of eight feet or higher one block at a time to begin to raise the city streets. On this tour, the tour guide gave a very detailed and descriptive image of early Seattle, what life was like after the fire, and how Seattle constructed this new city. You even get a chance to walk through the underground city streets and through homes and the local bank, the vault is still even intact!
When we returned back above Sea level, it was time for a little dinner. I looked for roof-top restaurants/lounges in the area because the sunset was absolutely breathtaking. Being that it was February in Seattle, not many places were open. I decided on Frolik Kitchen and Cocktails and it was perfect!
When it got dark, I went back to the pier and decided to take a spin on the Seattle Great Wheel to see the city lights, and reflect and recover from a long adventurous day. How's that for a day! Goodnight Seattle.
Wow, that is one busy day of tourism. You did good! That glass exhibit looks extraordinary.
Thank you for the support Mani! It was unbelievable! Incredible talent!


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Under the Pier
Juliann Wetz
My son took a few days leave from the Air Force and joined us for a vacation at the beach. We frolicked and played in the Atlantic's waves. We built sandcastles and searched for shells. Then a storm rolled in and we took cover under the pier.
As we stood there with a bucket of sand and beach towels draped around our necks, my son said softly that he'd talked to his dad, and that he'd been taking cover under a pier lately, too. The cops came and shooed him out because he'd pitched a tent there. He is now technically a vagrant.
I got quiet, unsure whether I should feel guilty for enjoying the extravagance of a beach vacation knowing that my ex-husband now sleeps under a pier. My son said he was going to send his dad a care package with a tarp and some MRE's and other things he thought he might need. I felt a flicker of anger that he'd put my son in a position of worrying so much about his father. But it quickly faded to a deeper sense of sadness and I thought I might send him something, too.
As the rain passed and the sun emerged again, our moods brightened and we continued our seaside holiday. But my mind kept drifting back to Eddie. My son looks so much like him, it was hard not to think about him and wonder/hope that maybe this episode of prolonged homelessness might be his rock bottom. But then I thought of all the other things that should have already been his rock bottom and found his beach living mild in comparison. I don't expect that this will be the thing that makes him quit drinking.
When I think of him living on the beach, I cannot help but also think back to our first date twenty-seven years ago as underage teenagers who went to a bonfire on the beach. That night, he kissed me for luck and went in search of beer.
Published Apr 10, 2012 on Cowbird.


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S.O.T.G.B.G.W
WHAT IS THE GREAT BIG GREEN WEEK?
The Great Big Green Week will take place 18 – 26 September 2021, and will be the largest event for climate and nature ever seen in the UK. Thousands of events will celebrate how communities are taking action to tackle climate change and protect green spaces, and encourage others to get involved too. Together we will call on politicians to raise their ambition and champion action on climate change.
WHAT EVENTS WILL THERE BE?
These will range from art installations, to concerts to community stalls, to climate cafes, and everything in between; hosted by teachers, bus drivers, sport clubs, artists, community groups, places of worship, builders and anyone who cares about climate change.
Great Big Green Week community hubs will celebrate local activity, raise the profile of climate change and show why it is relevant to your community and local decision makers.
National organisations, institutions, businesses and media outlets will join in, getting more people involved up and down the country, and putting pressure on the UK Government to up its game on climate change.
We are seeing the impacts of extreme weather events caused by climate change on the people and places we love both here in the UK and abroad. The time is now to do everything we can to protect them. Climate change is the fight of our lifetime.
This year, we in the UK have a huge opportunity to raise the ambition of plans to tackle climate change at home and abroad. The UK is hosting a major UN climate summit, known as COP26, in Glasgow this November. This means parliament and local authorities alike want to be seen as ambitious in tackling climate change.
The Time is Now for a Great Big Green Week that sets the stage for the most ambitious climate summit ever.
Society as a whole benefits immeasurably from a climate in which all persons, regardless of race or gender, may have the opportunity to earn respect, responsibility, advancement and remuneration based on ability.
Join us in September to show decision makers that people from all walks of life are stepping up to take action on climate change – and we need them to step up too.
There are many ways that you can get involved and show up for your world. From activities you can do at home, to organising a Green Week in your area: help us to make history and be part of the biggest climate event the UK has ever seen.
Stockton-on-Tees Great Big Green Week is organised by local organisations who are committed to meaningful climate action within our community.
© 2021 by Cultivate Tees Valley.
E: sotgbgw@outlook.com


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By Joe Taylor Jr., CardRatings Contributor Updated, February 17, 2021
American Express maintains strict standards about extending credit after bankruptcy, but it offers some alternative services that could help see you through the next few years.
Chapter 7 bankruptcy means a fresh start from bills you can't possibly get caught up. Rule changes in 2005 made Chapter 7 harder to achieve, leaving many Americans with lengthy repayment plans under Chapter 13's provisions. However, Chapter 7 reboots your bottom line, wiping everything from your debt list except student loans and government liens. Because you can't qualify for bankruptcy again for a few more years, many credit card issuers may view you as less of a risk than before your bankruptcy.
Not American Express.
According to bankruptcy attorneys, American Express tends to shut down accounts the moment its records indicate a cardmember has entered the bankruptcy process. And, according to customer service specialists contacted during March of 2012, American Express won't issue a credit card or a charge card for a consumer with a Chapter 7 bankruptcy on their credit report. That "BK" listing stays on your credit profile for a maximum of 10 years, so it could be as many as eight more years before you qualify to make charges on an AmEx.
It's even worse if you had an American Express that you didn't pay off before your bankruptcy filing. According to customer service agents responding to my inquiries, AmEx won't open a new line of credit for a former cardmember whose account was forcibly shut down due to money trouble.
However, American Express still wants to do business with you. AmEx launched American Express Serve a full service reloadable prepaid account. While not the same as a credit or charge card you can still rely on the company to help you manage your money while protecting you from fraudulent purchases.


Thought of changin' my name - What's in a name?
Given that the plot of the Lion King is more or less a Disney version of Hamlet (and the film makers have credited Hamlet as an inspiration), have they ever discussed this line?
I have yet to find a direct source to Romeo & Juliet, but The Lion King is influenced by Shakespeare's Hamlet.


Coming Soon to a cinema near you ?
After heavy negotiations and several pints later we can confirm some big news from Blip Towers.
Our BRIGHT ANTI - STAR has been selected to work exclusively on a film soundtrack. The project is still in developmental stages so I am sworn to secrecy about the film plot or title.
However, I can say that the film is currently being edited, and Bright Anti - Star is working closely with independant film maker Daniel Chipchase to produce a truly astounding film and soundtrack.


Born Sarah Grace McLaughlin, Briggs grew up in Tokyo and began writing songs at the age of seven. She moved to Los Angeles to attend the Musician's Institute and began performing anywhere and everywhere around town that she could. The hard work paid off when she was discovered in a small bar, and soon after recorded her debut single, "Wild Horses". After appearing on an Acura commercial, the song began to climb the Billboard charts.
Briggs' next single, "River", was released in 2016 and became a huge commercial success, reaching the top of numerous music charts. It was followed shortly by "The Way I Do" and "Pray", as well as numerous high profile festival performances. She released her first, self-titled EP as a limited edition, vinyl, Record Store Day release in 2016, and released her second the year after.
Bishop Briggs' debut, full-length album, Church of Scars, was released in Spring of 2018.


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Hear Ill Bill's Boom-Bap Tribute to Exodus Singer Paul Baloff
Written By Kory Grow
| February 13, 2013 - 5:52 pm | Updated 8 years ago
Home » New Music » Premieres » Hear Ill Bill's Boom-Bap Tribute to Exodus Singer Paul Baloff
After more than a decade in the game, fire-tongued Brooklyn cult rapper Ill Bill is returning with his most ambitious album to date, The Grimy Awards (due February 26 via his own Uncle Howie). "The album is me paying tribute to things that inspired me throughout my life," Bill says in a Toronto hotel room, shortly before a gig. Fans of '90s hip-hop will see those influences plain as day in the album's boast-worthy lineup of boom-bap legends from the stage (Cormega, OC, Lil Fame of M.O.P., Q-Unique of the Arsonists) and behind the boards (Pete Rock, Large Professor, Muggs, El-P, DJ Premier) alike. But followers of Bill know that before he was chewing up rhymes, he was a teenage metalhead, and first Grimy single "Paul Baloff" is loving tribute to the singer of thrash-metal band Exodus.
In 1985, Bill turned 13, the perfect age to be obsessed with the thrash metal's alpha bands, like Slayer and Metallica. That same year, Exodus released their debut, Bonded by Blood, a sloppy, angry mess of aggression, full of adrenaline-pumping ragers like "A Lesson in Violence" and "Strike of the Beast." At the time, the group was gaining notoriety for their sweaty concerts and intense frontman, Baloff, who would prowl the pit for posers, stripping them of their shirts, and tying them to his wrists as trophies. But it wouldn't last long, as Baloff's bandmates kicked him out in 1986 and his legend diffused over the years as Metallica became Metallica and thrash-metal bands like Anthrax and Megadeth hit critical mass in the late '80s.
Baloff died in 2002 and Ill Bill never saw him in action, but pays homage with this song. "The vibe, lyrically, is the same vibe I had when I was 13, 14, 15, when I was getting into the crazier, heavier thrash-metal stuff like Slayer and Exodus," he says. And the song is appropriately X-rated and full of rhymes that have the speed and trickiness of thrash ("Call me acid-tongue/Hit hard like Black Sabbath drums"). It even ends with a recording of a young Bill calling into a radio show to ask Baloff a question. Hear it below and read our interview about how heavy metal has shaped his unique brand of hip-hop.
:audio=0:110316:song:Paul Baloff:
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Why did you write a song about Paul Baloff?
He's been an unsung hero of real heads. Real old-school heads who really know the real-deal stuff always give props to Paul Baloff, and I think there's not that many real-deal heads nowadays, especially in hip-hop. I don't think anybody but me would do a song called "Paul Baloff." When Paul got kicked out of the band, he kind of got left by the wayside. He really didn't do much. After he left Exodus, he tried to get that Piranha band going, and it didn't really jump off. He had James Hetfield from Metallica producing the demo. They tried to get a deal, but I don't think Paul could get it together. He had a lot of personal issues.
The song has a clip of you talking to him on a radio show. What do you remember about that?
I save a lot of cassettes, and this one is almost 25 years old. It's from WRTN's Saturday night show called Midnight Metal. When I was looking for it, I just knew that I had a Paul Baloff interview somewhere. I totally forgot that it was me on there. I was just looking for a soundbite. So I'm listening to the tape and once I noticed that they were starting to take phone calls, it came back to me. "Holy shit, I think I called into this show!" It was so fuckin' funny. I was tripping.
You sound surprised when you're on the air.
There were two or three calls before mine. I had some question in mind but somebody else asked it first. So the DJ goes, "OK, last call." And sure enough, I'm on the air. So I kind of stuttered my question. "Have you guys done any shows lately?" I think it might have been the first time I was ever on the radio.
Were you in a thrash band?
Yeah. I started a band in high school called Injustice, like around '87 or '88. I remember my high school had a battle of the bands. We weren't really that good at that point. We couldn't do Maiden songs. We couldn't shoot for the stars, so we shot for the street lamps, and we started learning S.O.D. covers. We didn't win the battle, but we did good enough. People dug it. Later, we got to play [NYC metal club] L'Amour's a few times, which is the pinnacle for me. We got to open shows for Sepultura, Biohazard, Obituary, shit man, Raw Deal, Napalm Death.
How has your metal past influenced your rap career?
I think it inspired me to talk about a lot of stuff rappers weren't writing about, especially when with Non Phixion 15 years ago. Away, the drummer from Voivod [who drew Non Phixion's Voivod-influenced cover art], when I first met him, he wasn't much of a hip-hop head at all. He said, lyrically, I was rhyming about stuff that he never heard a rapper rap about. I think a lot of metal kids tend to gravitate towards me and my crew of MCs that I rock with because of that. Growing up, I was kind of a rare breed of kid that was listening to both metal and rap and was able to understand that there was a lot more similarities than differences. That's why I always related to Rick Rubin, who was working on Run-DMC and Beastie Boys records at the same time he was working with Slayer and Danzig. He was an inspiration, he was a validation that I'm not bugged-out. I'm not weird for understanding both of these types of music. I was just on both ends of the spectrum.
Kory Grow
Cormega, DJ Premier, El-P, Exodus, Ill Bill, M.O.P., Non Phixion, OC, pete rock, Premieres


So I guess hiding his tax returns doesn't count? Turtle shirt People Should Seriously Stop Expecting Normal From Me shirt and appointing an avowed racist in a white nationalist to his cabinet yeah he's making it clear exactly who it is and apparently you're okay with that. This is 10% of what mass medias didn't show you about and it's already infinitely worse than Trump bragging in a locker room about obviously fake accomplishments! All boys and all girls do it. Not all laugh in the face of pedophilia.
Ronald Bowling, they used money from the Turtle shirt People Should Seriously Stop Expecting Normal From Me shirt. Socialism is not working in any other country. Bernie does not work here he just lives off your taxes. There you neither one works. Rothschild puppets no more Soros will die soon and he will not be allowed to do the evil things he did anymore.
We expose the federal reserve and shut it down with Trump and Turtle shirt People Should Seriously Stop Expecting Normal From Me shirt else is accomplished that makes him our,liberator and the greatedt president ever. I can hear the whole world either laughing or feeling pity for America. Kanye should run for president next time. Nothing is impossible in America. Y'all just proved it.


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January 26-28, 2022, Dallas
Home Emissions South African nuclear power plant welcomes replacement steam generator
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South African nuclear power plant welcomes replacement steam generator
Clarion Energy Content Directors
The first of six new replacement steam generators arrived at the Koeberg nuclear power station on 29 September 2020.
This is a culmination of exceptional teamwork and collaboration, heralding a long-awaited and key milestone for Africa's only nuclear power station, noted South Africa's power utility, Eskom, in an official statement.
They will be housed in the Replacement Steam Generator Facility that has been constructed on the Koeberg site, until the old steam generators are removed from the plant during the unit's next outage. The steam generator replacement has been planned into Koeberg's outage schedule and Eskom's generation plan.
Expansion of Koeberg nuclear power plant
Eskom explained that as part of the program to extend the power station's operating life by 20 years, first approved by the board in 2010, these steam generators will replace the current steam generators that have been in operation at Koeberg since the first unit was connected to the national electricity grid in 1984.
The power utility noted: "The Steam Generator replacement is a key part of the larger program to extend Koeberg's operating life, which was budgeted to cost an estimated R20 billion, and will be the best investment into sustainable and less carbon intensive electricity generation infrastructure that Eskom can buy.
"The replacement of steam generators at Unit 2, which is currently undergoing a refueling outage until mid-October, has also been planned to coincide with the unit's next maintenance and refueling outage in order to minimize generation downtime on the unit. The replacement will occur between January and May 2022."
The project's extensive engineering analyses and safety studies concluded that the new steam generators can be safely installed, commissioned, and operated, thereby enabling the power station to continue generating electricity beyond its original 40 years operational life.
Eskom underlined that "steam generator replacement is the most intensive and most expensive project that a nuclear power station can undertake, and several stations internationally have already done so successfully. In addition, these analyses and other studies are being reviewed by the National Nuclear Regulator, to approve the installation subsequent to their review and acceptance."
Upon removal from the plant, the current steam generators will be stored on the Koeberg site, where they will be packaged and dismantled for final disposal at a national nuclear waste repository, which is the responsibility of the National Radioactive Waste Disposal Institute (NRWDI), Eskom concluded.
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For any one who struggles with the absorption method of rice cooking, Jo Pratt suggests boiling basmati rice in the same way as pasta. Watch the video to learn her fool-proof technique.
Always rinse the rice thoroughly in a sieve before cooking. Then add it to a large pan of boiling water. The rice will take 10-12 minutes to cook on a medium high heat. Once it's ready, drain well and allow to stand in the sieve for 3 minutes. This will help the rice to finish steaming through for a perfect al dente texture. Finally, use a fork to separate the grains and create perfect, fluffy basmati rice.


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Rental agent tells ABC's Port Macquarie the city is on course for $300 million in stormwater damage
Posted by admin October 1, 2021 moving supplies
Port MacQuarie's port is being hammered by stormwater contamination that could reach the national sewer system, with the city now at risk of breaching a target of $300m worth of damage to its facilities, a city spokesperson said.
The city of Port Macqarie, on the Queensland coast, has recorded nearly $100 million in damage from rainfall, coastal flooding and coastal erosion in the past five years.
Port MacQarie's new mayor has promised a "zero tolerance" approach to pollution, and will not allow anyone to pollute the city's water supply, despite its size and proximity to the coast.
The Government has promised to pay for stormwater remediation of more than 20,000 kilometres of the coast, but some of the costs will be borne by the Government's water utility.
It has been estimated the cost could be $250 million.
"It's not just about protecting the water, it's about protecting our city," Mayor Tom Smith said.
"We've got to get this right."
In the past week, Port Macquitarie has been hit with three major storms.
On Thursday, the storm dumped up to four metres of rain in the CBD.
The storm also destroyed a sewage pipe, and washed out the local roads.
On Friday, the rainfall and water damage prompted a police investigation into the leaking pipes, which are a matter for the NSW Police.
On Saturday, more rain followed.
The flooding and flooding damaged the nearby Great Western Hotel, which is owned by the Queensland Government, and the Queensland State Government.
It is estimated up to 50 per cent of the city centre will need to be rebuilt.
The damage has also forced the closure of the port's main terminal.
A city spokesperson, who asked not to be named, said the port was at its highest flood risk level at this time.
The Port Macdonald Regional Council said in a statement it was working with the Department of Environment and Water Resources (DEPREC) and other stakeholders to identify the best way to mitigate stormwater, as well as to ensure the city was meeting its targets.
"DEPREC is currently engaged with the local community, state and federal authorities to identify options to reduce stormwater impacts," the statement read.
"The City is also committed to making a full and frank assessment of the extent of any damage to the port before it is deemed appropriate to proceed with construction."
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Why the Bar Furniture is Important for Home and What Things to be Considered before Buying it?
Let us have a start with the best quality bar furniture. Contemporary bar furniture will add a cutting-edge look to your home due to the fact they're sleek and fashionable. Usually, contemporary designs are best in shape with the existing decoration of your private home very easily. Every other gain to current bar fixtures is that they're very smooth to clean and because of the aluminum or chrome design, they always look excellent. So if you're searching out something that is elegant and luxurious, then current barstools and a bar desk would be the right choice for you. Cutting-edge bar furnishings will deliver your private home an exciting and attractive look, creating a terrific surrounding for the holidays.
You will be wondering, what are the basic reasons to add bar furniture to the home?
Well, it may be a chilled area where you can neglect all your concerns and kick away the pressure of your day and loosen up with own family and pals while enjoying a drink. Having a bar in your property will make interesting guests tons less difficult than before. Your parties and informal events become more thrilling as people flock in your bar desk and comfortable bar stools to revel in a cold one.
The bar furniture is turning into a swiftly developing trend within the furniture industry these days. Accordingly, even as putting in a bar inside the residence, it is essential that you select the precise furniture for the bar. A normal bar includes a table and cabinets. While a number of the bars available in the marketplace online include bar stools, others require you to pick those which you like.
That will help you locate the suitable type of bar furniture, right here are the questions you want to ask before buy.
Will it suit the design and theme of my bar?
The bar furniture for your bar should have a great combination with the designs of the interior along with wall paint and different ornamental factors. As an example, in case your bar has that laid-returned ambiance, pass for casual earth-toned overstuffed couches. In case you are going for an ethnic style, choose artisan pieces. In case your bar has a present-day visage, choose contemporary furniture which is of formidable colors and made of metal and glass.
With satisfaction comes durability and permanence which is also called reliability. Whatever you do, never sacrifice on quality when you go for purchasing bar furniture. That is one of the most vital methods to make certain that your furniture will have a long time for you and your customers.
Will it give the utmost comfort and convenience to my customers?
There's no use of buying furniture consisting of tables and chairs to be able to make your customer's experience uncomfortable. Humans will visit your bar to get relax and comfortable environment in order to make their mood happy. Tender cushioned couches, bar stools with backrests and tables which might be sufficient for your bar's well being.
Will it appeal customers to my bar?
Whilst people peek into your bar, they'll no longer get to taste your remarkable meals or see that the service is efficient, the first aspect they may see is the bodily indoors such as the furniture or interior of the bar. Due to that, it is a lot important that you install beautiful outdoor bar furniture and beautify it with a purpose to provide an amusing and inviting ambiance to entice customers.
Will it deliver my bar a unique persona?
As noted in advance, your bar should have an awesome persona with a purpose to make it stand out amongst other comparable competitors. If it appears similar to a carbon replica of the subsequent bar in town, chances are your bar will no longer be noticed. A way to ensure this is to let your personal taste be your menu when selecting out furnishings and best items of outdoor bar furniture.
Moreover, these items of furniture not only maintain and glorify the looks of your bar or the restaurant but at the same time they're representing the class and standard of your bar which will be highly effective in catching high gentry costumers attention who'd love to spend time and money in a luxurious environment.
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Jok was born in Argentina in the seventies and has been working as a writer and artist since 1993. His work has been published in Italy, France, Spain, England, Canada, Brazil and Uruguay. Jok founded and is part of La Productora collective dedicated to making, self-publishing, promoting and teaching comics in Argentina.
Jok's most recent printed comic was Mixtape from Ardden Entertainment and his artwork may be familiar from The Hill and Vengeance of the Vapor from Markosia and the Strangeways series of horror westerns from Highway 62. For the european market he worked with argentinian writer Emilio Balcarce on Funeral; Terminal; Knightmare and Valkiria.
Jok's creator owned projects include: Carne Argentina and Camulus, Fugitive Godand and the award-winning Forty Coffins.
Jok works side by side with his comrades trying to have as much fun as possible sharing work, projects and dreams with his colleagues and friends.


Cheers. Zlata Praha. Golden Prague. Incredible sights to see. For centuries the city has stood as a glittering jewel at the center of Europe, testament to some of the most amazing architecture, beer, and beauty in the entire world. There is no other city which can rival her on Earth, and you will never experience anything even remotely like Prague anywhere else. Lost to the rest of the world under 40 years of communism behind the curtain, the Czech Republic emerged in 1989, and with it came the capital city of Prague, unveiled in all her glory for the first time in nearly half a century. Since then, the city has gone on to become one of the top tourist destinations in Europe, if not the penultimate when it comes to beauty and popularity.
Prague managed to get through World War II relatively unscathed, and there are literally thousands of years worth of architecture to explore, ranging from Gothic, Neo-Classical, Renaissance, Art Nouveau and Baroque. There are literally hundreds of must see sights within the borders of Prague, and it gets its nickname from the golden domes and towers that rise above the landscape like bejeweled fingers clutching at the sky.
The city has been a centralized congregation for people for thousands of years due to the Vltava River, which flows through the center of the city. From the ancient castle known as Vysehrad that started it all, to the Bohemian era and its subsequent Gothic architecture, to the Habsburg era and its hosting of some of the most influential artists and astronomers of the time, to World Wars and the Cold War, the city's buildings have seen it all over the years. From Old Town to the Astronomical Clock to the Old New Synagogue to Prague Castle—the largest in the world—to the Museum of Decorative Arts, the food, the wine, the beer, and the Golden City will absolutely leave you basking in the glory that is the heart of Central Europe.
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Savoia Castle or Škvorec Castle (Squorz, Schkworetz), is a castle located in small market town of Škvorec, about 23 kilometres (14 mi) east of Prague in the Czech Republic. It was first mentioned in historical sources in 1279 (but more fully documented in 1404).
Karlštejn Castle (Czech: Hrad Karlštejn; German: Burg Karlstein) is a large Gothic castle founded 1348 AD by Charles IV, Holy Roman Emperor-elect and King of Bohemia. The castle served as a place for safekeeping the Imperial Regalia as well as the Bohemian/Czech crown jewels, holy relics, and other royal treasures. Located about 30 km southwest of Prague above the village of the same name, it is one of the most famous and most frequently visited castles in the Czech Republic.
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The United States Dollar can now buy 25 more currency in Czech Republic, compared with the average over the past 5 years. This means that purchases may feel cheaper than at home.
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It's that time again…we just announced the availability of our latest SCORM Engine version, v2010.1. And, yes, I know you're thinking: "BUT, it's 2011 now dummy". Of course, you're right, but only because this blog post was delayed a few days while we migrated our site to a new server…I promise, we really did put it out in 2010 ;-).
But, really, who cares about the name? There's some really good stuff in this release. You can find the full release notes from either our SCORM Engine History page or on our support site (you do know you can subscribe to product notifications there, right?).
I'm most excited about the two new standards we now support: LETSI RTWS and PENS.
LETSI RTWS is a web services communication framework that alleviates some of the common technical barriers SCORM imposes on content deployments. RTWS is a huge step towards enabling remote content hosting, games, simulations, virtual worlds, offline content, secure communications and mobile delivery.
PENS is a standard that allows for the automatic publishing and import of content. With a PENS enabled authoring tool, you can publish new or updated content to your LMS with a single click.


text:
Indemnity provision in agreement between automobile distributor and carrier of automobiles, which included the words "in whole or in part," did not contain clear and unequivocal terms providing that carrier would indemnify distributor for distributor's own acts of negligence where parties were held jointly liable for the underlying personal injury
41 Fla. L. Weekly D816dop of Form
— Indemnity — Indemnity provision in agreement between automobile distributor
and carrier of automobiles, which included the words "in whole or in part," did
not contain clear and unequivocal terms providing that carrier would indemnify
distributor for distributor's own acts of negligence where parties were held
jointly liable for the underlying personal injury — Trial court erred in
granting summary judgment finding that language in agreement was sufficiently
unequivocal to require carrier to indemnify distributor for distributor's own
ATC LOGISTICS CORPORATION, A/K/A ATC LOGISTICS, INC., Appellant,
v. SOUTHEAST TOYOTA DISTRIBUTORS, LLC, et al. Appellees. 1st District. Case No.
1D14-4643. Opinion filed March 31, 2016. An appeal from the Circuit Court for
Duval County. Jack M. Schemer, Judge. Counsel: E.T. Fernandez, III, of
Fernandez Trial Lawyers, P.A., Jacksonville, for Appellant. Dennis P. Dore and
Jessica L. Lanifero of Marshall Dennehey Warner Coleman Goggin, Jacksonville,
for Southeast Toyota Distributors, LLC., Appellee.
(SWANSON, Judge.) ATC Logistics Corporation ("ATC') and
Southeast Toyota Distributors, LLC ("SET") were among the named defendants in a
personal injury lawsuit filed by Latascha Jackson seeking damages for injuries
she sustained on March 5, 2002, while employed as a security guard by Burns
International Security Services Corporation. During the course of the
litigation, SET filed a third-party complaint against ATC asserting contractual
and common law indemnity. Both parties eventually filed cross-motions for
summary judgment on the issue of indemnification. The trial court denied ATC's
motion and granted SET's, concluding as a matter of law that certain language
contained in the parties' contract was sufficiently unequivocal to require ATC
to indemnify SET for SET's own acts of negligence. We disagree and reverse.
On the day of the accident, Jackson was assigned to work
security at a temporary parking lot leased by SET. The parking lot served as a
storage location for SET's vehicles, and Jackson's duties included managing the
traffic into and out of the lot. ATC contracted with SET to be its primary
carrier in Florida for transporting its vehicles. ATC subcontracted its duties
to haul SET's vehicles to Tropical Auto Transport, Inc. ("Tropical"). At the
time of the accident, a tractor-trailer owned by Tropical and operated by
Tropical's driver, drove onto the lot near the security gatehouse. A hard cable
wire had been placed on the pavement across the entrance and was strung over a
concrete barrier wall near the gatehouse. According to undisputed
representations made by counsel at the summary judgment hearing, the cable was
partially elevated to a degree that the tractor-trailer snagged it and pulled
the wall down onto Jackson, causing significant injuries to her lower
extremities. In her complaint, Jackson alleged that SET was liable, both
vicariously and directly, for her injuries because (1) its driver
(ATC/Tropical) negligently operated the car carrier; (2) SET negligently
designed and assembled an unreasonably dangerous mechanism (the entry gate),
which caused Jackson's injuries; and (3) SET negligently maintained its
premises by using an unreasonably dangerous machine to control ingress and
egress to and from its property. Eventually, Jackson settled with ATC and SET
for $800,000 in damages, under which agreement ATC and SET were each liable to
her for $400,000. SET then sought full indemnification from ATC for its half of
the settlement agreement under the provisions of paragraph 9 of the parties'
contract.
Paragraph 9 states in part:
BY CARRIER
ATC shall indemnify and hold harmless SET from and against any and
all losses, liabilities, damages, costs, fines, expenses,
deficiencies, taxes and reasonable fees and expenses of counsel and agents,
including any costs incurred in enforcing this Agreement, that SET may
sustain, suffer or incur arising from (i) Carrier's failure or alleged failure
to comply, in whole or in part, with any of its obligations hereunder;
(ii) any loss of or damage to a Vehicle while loaded onto, transported on or
unloaded from a Car Carrier; (iii) any damage to any property of SET caused by
the maintenance or operation of any Car Carrier or the loading or unloading of
any Car Carrier; (iv) any claims by any third person with respect to death,
injury or property damage caused by the maintenance or operation of any Car
Carrier or the loading, transportation or unloading of Vehicles on or from a
Car Carrier and (v) any claims resulting from or arising out of injury or
death of any employee, agent of contractor of Carrier including claims alleging
that SET failed to provide a safe place to work.
(Emphasis added.) ATC is the defined "Carrier" in paragraph
1(a) of the contract. ATC filed a motion for summary judgment seeking a
determination that the subject indemnification paragraph was legally
insufficient to require it to indemnify SET for SET's own negligence. On April
20, 2012, the trial court denied the motion. Although the order was not made a
part of the record, it was read into the transcript at the hearing on SET's
motion for summary judgment. According to the transcript, the trial court
denied ATC's motion because it concluded the language — "in whole or in part"
— italicized above in bold in paragraph 9(a)(i), reflects an unequivocal
intent of the parties that ATC agreed to indemnify SET for its own negligent
acts, especially when paragraph 9(a)(i) is read in conjunction with paragraph
3(c) (defining the duties of the Carrier), under which "[ATC] is required to
operate and permit operation of each car carrier only in a careful manner."
As earlier noted, SET filed its own motion for summary
judgment seeking to have the trial court declare as a matter of law that "[t]he
indemnity provision of the contract completely and unequivocally indemnifies
SET for the damage claimed in the underlying action." At the same time, ATC
filed a motion asking either for a rehearing of the trial court's order denying
its motion for summary judgment, or for the trial court to reconsider ATC's
motion. A hearing was held on the two motions during which counsel for both
parties conceded that the only issue before the trial court was the
interpretation of the indemnity provision and, therefore, the trial court would
need to grant only one or the other of the motions. In short, as a matter of
law, SET was either entitled to indemnification for its own acts of misconduct
or it was not. On April 15, 2014, the trial court entered its order denying
ATC's motion for rehearing or for reconsideration and granting SET's motion for
summary judgment. In the order, the court reasoned:
agreed to indemnify SET in paragraph 9(a)(i) for ATC's "failure to comply, in
whole or in part, with any of its obligations hereunder." Three or four
sentences later, ATC agreed to the obligation to indemnify for "claims by any
third person with respect to . . . injury caused by the . . . operation of any
Car Carrier . . . ." This is sufficient to require indemnification for acts
involving SET's own negligence.
(Italics in original). In support of its conclusion, the
trial court parenthetically cited to Leonard L. Farber Co. v. Jaksch,
335 So. 2d 847 (Fla. 4th DCA 1976). It subsequently entered a summary final
judgment in which it held SET should recover from ATC prejudgment interest in
the amount of $174,752.55, as well as the sum of $400,000.00, with interest,
until the judgment is paid. This appeal followed.
"Summary judgment is proper if there is no genuine issue of
material fact and if the moving party is entitled to a judgment as a matter of
law." Volusia Cty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126,
130 (Fla. 2000). Accordingly, our review is de novo. Id. Furthermore,
"[i]nterpretation of a contract is a question of law, and an appellate court is
not restricted in its review powers from reaching a construction contrary to
that of the trial court." Inter-Active Servs., Inc. v. Heathrow Master Ass'n,
721 So. 2d 433, 434 (Fla. 5th DCA 1998) (citing Pullam v. Hercules, Inc.,
711 So. 2d 72, 75 (Fla. 1st DCA 1998)).
The sole issue for this Court's review is whether the
provisions of paragraph 9 of the parties' contract contain words of such legal
specificity so as to permit a conclusion as a matter of law that SET may be
indemnified against its own affirmative misconduct in the underlying personal
injury action. Resolution of this issue is necessarily tempered by the general
rule that "contracts of indemnification which attempt to indemnify a party
against its own wrongful acts are viewed with disfavor in Florida." Charles
Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So. 2d
487, 489 (Fla. 1979) (citing Univ. Plaza Shopping Ctr., Inc. v. Stewart,
272 So. 2d 507 (Fla. 1973)).
We begin our analysis with the Florida Supreme Court's
opinion in University Plaza Shopping Center, Inc. v. Stewart, wherein
the central issue was whether a contract of indemnity couched in the general
terms of "any and all claims" worked to indemnify the indemnitee for damages
resulting from the indemnitee's sole negligence. 272 So. 2d at 509. In that
case, University Plaza Shopping Center leased space in its building to a tenant
who used the space to operate a barbershop. During the lease, a gas line
exploded underneath the barbershop causing fatal injuries to a barber. The
barber's widow sued University Plaza Shopping Center for wrongful death,
alleging it, as the landlord, negligently installed and maintained the gas line
under the barbershop, which caused the explosion that led to the barber's fatal
injuries. University Plaza Shopping Center then instituted a third-party
complaint against the tenant and his insurer seeking to impose liability on
them based on an indemnity provision, which provided in pertinent part that the
tenant would indemnify and save harmless the landlord from and against any and
all claims for damages in and about the demised premises, and against any and
all claims for personal injury or loss of life in and about the demised
premises. Id. at 508-09. The supreme court noted that "divergent views"
on the particular issue existed throughout the United States, but that the basic
premise was that an indemnity contract does not indemnify the indemnitee
against losses resulting from the indemnitee's negligent acts unless such
intention is expressed in clear and unequivocal terms. Id. In concluding
that the best alternative was to require a specific provision protecting the
indemnitee from liability solely caused by his own negligence, the supreme
court reasoned that its "basic objective in construing the indemnity provision
is to give effect to the intent of the parties involved . . ." and that "the
use of the general terms 'indemnify . . . against any and all claims' does not
disclose an intention to indemnify for consequences arising solely from the
negligence of the indemnitee." Id. at 511 (emphasis omitted). The
supreme court concluded that based on the facts before it, the other
alternatives it had considered in construing the indemnity provision imputed an
intent to indemnify for liability occasioned by the indemnitee's sole
negligence, which was a "harsh result not necessarily contemplated by the
parties nor condoned by this Court."1 Id.
Six years later, in Charles Poe Masonry v. Spring Lock Scaffolding
Rental Equipment Co., the Florida Supreme Court considered whether the rule
announced in University Plaza applied to situations, such as the present
one, where the indemnitee was held jointly liable due to his or her own
negligence. 374 So. 2d at 489. In that case, an employee of Charles Poe Masonry
was injured when he fell from a scaffold on a construction site. The employee
filed an action alleging the manufacturer of the scaffold, Spring Lock, was
negligent, breached the implied warranty, and was strictly liable for his
injuries. The scaffold had been leased by Spring Lock to Charles Poe Masonry.
The lease agreement provided in pertinent part that the lessee assumed all
responsibility for claims asserted by any person whatsoever growing out of the
erection and maintenance, use, or possession of the scaffolding equipment, and
that the lessee agreed to hold the lessor harmless from such claims. Id. at
488. Thus, Spring Lock filed a third-party complaint against Charles Poe
Masonry for contractual indemnity. Id. In considering whether the
provision barred indemnity, the supreme court concluded it employed "exactly
the sort of 'general terms' which we held in University Plaza do not
disclose an intention to indemnify for consequences arising from the wrongful
acts of the indemnitee" and that the public policy reasons expressed in University
Plaza applied with equal force to instances where the indemnitor and
indemnitee were jointly liable. Id. at 489. It warned: "Under classical
principles of indemnity, courts of law rightfully frown upon the underwriting
of wrongful conduct, whether it stands alone or is accompanied by other
wrongful acts." Id. at 489-90. It also stated that the language of the
provision at issue demonstrated "nothing more than an undertaking by [Charles
Poe Masonry] to hold Spring Lock harmless from any vicarious liability which
might result from [Charles Poe Masonry's] erection, maintenance or use of the
scaffold." Id. at 489. It went on to declare that the provision "does
not envision indemnity for Spring Lock's affirmative misconduct, whether in
connection with design and manufacture or erection, maintenance and use of the
scaffold." Id. The supreme court reaffirmed these principles thirteen
years later in Cox Cable Corp. v. Gulf Power Co., 591 So. 2d 627 (Fla.
1992) (applying the principles established in University Plaza and Charles
Poe Masonry in holding that the district court had erred by applying a less
stringent standard to cases involving parties who are jointly liable, and that
the language of the provision before it was insufficiently clear and
unequivocal).2
Charles Poe Masonry is particularly significant
here to the extent the Florida Supreme Court found "readily distinguishable"
the indemnity language scrutinized in Leonard L. Farber Co. v. Jaksch,
the case cited by the trial court in granting SET's motion for summary
judgment. The supreme court asserted:
[In
Farber] the lease provided that "Lessee shall indemnify LESSOR and save
it harmless from suits . . . occasioned wholly or in part by any act or
omission of Lessee . . . ." 335 So. 2d at 847-48. (emphasis supplied). The
district court correctly determined that the "in part" language above
manifested lessee's clear and unequivocal intent to indemnify lessor in cases
where the lessee and lessor are found to be jointly at fault. The lease here
under review contains no such explicit provision, and thus the district court
erred in relying on Farber to reach its decision.
374 So. 2d at 489. A more compelling example of clarity is
found in Florida Power & Light Co. v. Mid-Valley, Inc., 763 F.2d
1316 (11th Cir. 1985), wherein the Eleventh Circuit Court of Appeals held that
an engineer was eligible to be indemnified for his own negligence under
a contractual clause which stated: "[i]n no event shall Engineer be liable for
any . . . damage . . . whether caused by negligence of Engineer, or otherwise, .
. . and Owner shall indemnify and hold Engineer harmless from any such damages
or liability." Id. at 1318. And, in Church & Tower of Florida,
Inc. v. Bellsouth Telecommunications, Inc., 936 So. 2d 40 (Fla. 3d DCA
2006), the Third District Court of Appeal held an indemnity provision that
required indemnity "caused in part (whether joint, concurrent, or contributing)
or in whole by any act, omission, default, or negligence (whether active or
passive) of the Indemnitees," id. at 41, obligated the indemnitor to
indemnify the indemnitee "for all liabilities alleged to have been caused by
[the indemnitee] arising from or connected with the work performed[.]" Id.
at 42. But see H & H Painting & Waterproofing Co. v. Mech.
Masters, Inc., 923 So. 2d 1227 (Fla. 4th DCA 2006) (holding indemnity
provision in lease which stated that lessee shall indemnify lessor "from any
claims of third parties for loss, injury and damage . . . arising out of
Lessee's possession, use, maintenance or return of Equipment" did not entitle lessor
of heavy equipment to contractual indemnity from lessee for lessor's alleged
negligence); Fla. Power & Light Co. v. Elmore, 189 So. 2d 522 (Fla.
3d DCA 1966) (holding that the words "against any liabilities whatsoever" did
not constitute "clear and unequivocal" language sufficient to indemnify the
indemnitee against its own negligence).
In the present case, applying the foregoing principles, ATC
argues no such explicit intent for it to indemnify SET for its own wrongful
acts when they are held jointly liable can be found in clear and unequivocal
terms in paragraph 9. Below, ATC's counsel conceded its duty under paragraph
9(a)(iv) to indemnify SET for ATC's acts of negligence, but contended that that
section did not contain the necessary explicit language, "in whole or in part,"
to extend its duty to indemnify to encompass SET's wrongful acts. ATC points
out that due to the lack of explicit language in paragraph 9(a)(iv), SET and
the trial court were forced to rely on the phrase "in whole or in part" found
in paragraph 9(a)(i). Under that clause, ATC asserts it is obligated to
indemnify SET for liability due only to "Carrier's failure . . . to comply, in
whole or in part, with any of its obligations" under the contract.
Reading that clause in conjunction with paragraph 9(a)(iv), according to ATC,
would render the express language of paragraph 9(a)(iv) superfluous. We agree.
Based on the principles expressed in University Plaza
and Charles Poe Masonry, ATC's alleged duty to indemnify SET for SET's
own misconduct must unequivocally arise from the language in paragraph 9(a)(i),
because the language in paragraph 9(a)(iv), as was true of the indemnity
clauses in the above-cited cases, demonstrates "nothing more than an
undertaking by [ATC] to hold [SET] harmless from any vicarious liability." Charles
Poe Masonry, 374 So. 2d at 489. The trial court in this instance should not
have conflated the two clauses to create the duty of indemnification. This case
cannot be compared favorably to Camp, Dresser & McKee, Inc. v. Paul N.
Howard Co., 853 So. 2d 1077 (Fla. 5th DCA 2003), in which the Fifth
District Court of Appeal did compare and combine two clauses in the indemnity
contract. The first indemnity provision, 6.30, was described as
verbatim the indemnification provision contained in the American Institute of
Architects (AIA) Standard Document A201 for General Conditions of the Contract
for Construction. The United States Supreme Court has cited this language as
being a paradigm of clarity in shifting the risk of a negligent
indemnitee's loss to the indemnitor," citing United States v. Seckinger,
397 U.S. 203, 212 (1970).
853 So. 2d at 1077. The second indemnity provision, 6.32,
stated: "The obligations of CONTRACTOR [Howard] under paragraph 6.30 shall not
extend to the liability of ENGINEER [CDM], his agents or employees arising out
of the preparation or approval of maps, drawings, opinions, reports, surveys,
Change Orders, designs or specifications." Id. Reading the language of
the two provisions together, the Fifth District was convinced "it is even more
clear that the intent of the parties was to indemnify CDM for any claim arising
out of [the] negligence of Howard or its subcontractors even if CDM was also
negligent." Id. at 1078.
The intent of the parties was undeniable in Camp, Dresser
& McKee. We hold a similar conclusion cannot be made by reading
paragraphs 9(a)(i) and 9(a)(iv) together, as did the trial court. Paragraph
9(a)(iv) does not refer back to paragraph 9(a)(i), and paragraph 9(a)(i) is
anything but " 'a paradigm of clarity,' " Id. at 1077 (quoting Seckinger,
397 U.S. at 212). To be sure, the terms contained in paragraph 9(a)(i) include
the requisite phraseology, "in whole or in part," as cited in Charles Poe
Masonry and its progeny, but that phrase must be read in conjunction with
the whole clause, which ties SET's right to indemnification to ATC's "failure
to comply, in whole or in part, with any of its obligations" under the
contract. Jackson's allegations against SET, however, were not predicated on a
breach of any contractual obligations between ATC and SET but claimed, instead,
that SET negligently designed and assembled an unreasonably dangerous mechanism
(the entry gate) and negligently maintained its premises by using an
unreasonably dangerous machine to control ingress and egress to and from its
property. Nothing in the language of either paragraph 9(a)(i) or 9(a)(iv) would
contemplate indemnification for those acts of negligence committed by SET. In
this respect, we do find apropos the observation made by the Fourth District
Court of Appeal in H & H Painting:
Masters argues that when the indemnity clause is read together with other
provisions of the lease, it satisfies the rule of University Plaza and Charles
Poe Masonry. However, if a contractual indemnity provision requires
reference to other parts of the contract to ascertain its meaning, then it does
not contain the clear and unequivocal terms that University Plaza and Charles
Poe Masonry require.
923 So. 2d at 1229.
For the reasons expressed, we conclude paragraph 9 does not
contain clear and unequivocal terms providing that ATC shall indemnify SET for
its own acts of misconduct. Consequently we reverse the trial court's order
entering summary final judgment in favor of SET. On remand, the trial court is
directed to grant ATC's Motion for Rehearing and/or Reconsideration and to
enter summary final judgment in ATC's favor.
REVERSED and REMANDED for further proceedings consistent
with this opinion. (LEWIS and WINOKUR, JJ., CONCUR.)
1The supreme court asserted that in
the context presented, "the phraseology logically relates to the tenant's
occupation of the leased premises — not some outside (though proximately
close) independent act of negligence of the landlord. . . . It might be likened
to a 'common stairway' in an apartment complex. . . . One would not expect
liability to extend under a shopowner's policy for a landlord's negligently
maintained common walkway or mall in front of a series of shops." 272 So. 2d at
2Recently, in Sanislo v. Give Kids
the World, Inc., 157 So. 3d 256, 262-64 (Fla. 2015), the supreme court
endorsed the principles in University Plaza, Charles Poe Masonry,
and Cox Cable insofar as they applied to indemnity clauses, but held
those same principles were not applicable to exculpatory clauses. Id.
at 264.


Legal Insights | Carro, Carro & Mitchell LLP "
A series of deadly subway events in 2012 raises questions about safety, and how riders of the MTA are at risk of injury. Bartly Mitchell, expert subway accident lawyer from Carro, Carro & Mitchell comments on these events.
A deadly crane accident in Queens is an unfortunate example of the dangers of a construction site. Construction accident attorney Bartly Mitchell legal insights on workplace injuries.
The Seastreak ferry crash in January of 2013 injured over 70 people. The accident is under investigation and negligence may be a factor. John S. Carro of Carro, Carro & Mitchell discusses the legal implications of the crash.
Mexican-American superstar Jenni Rivera died in a tragic plane crash in December of 2012. Bartly Mitchell, partner at Carro, Carro & Mitchell, weighs the legal ramifications and possible outcomes.


text:
Amazing NASA Sun Photos Outshine Ultra HDTVs
By Miriam Kramer 18 January 2013
NASA's Solar Dynamics Observatory takes photos that are so high-resolution that not even the most advanced Ultra-HD TVs have the definition to display them in full resolution.
(Image: © NASA / SDO)
A NASA spacecraft that constantly stares at the sun for signs of solar storms snaps images and videos so detailed that even the latest ultra-high-definition televisions can't keep up.
The spacecraft, called the Solar Dynamics Observatory, is responsible for some of the most amazing photos of solar flares and other sun weather events. Its instruments record images at a whopping resolution of 4,096 by 4,096 pixels, more than four times the resolution an average HD television.
SDO sun images are even recorded in higher definition than the newly released "Ultra-HD TV" machines unveiled at the 2013 Consumer Electronics Showcase earlier this month. While Ultra-HD TVs have about four times the resolution of an average HD TV, the SDO photos are still twice as large as an Ultra-HD screen, NASA officials said in a statement.
"Such detailed pictures show features on the sun that are as small as 200 miles across, helping researchers observe such things as what causes giant eruptions on the sun known as coronal mass ejections (CME) that can travel toward Earth and interfere with our satellites," they explained.
While features 200 miles (322 kilometers) across sound large, the sun itself is 864,938 miles (1.3 million km) in diameter.
NASA's SDO mission launched in February 2010 to record unprecedented views of the sun, solar flares and other space weather events. As of December 2012, the spacecraft had captured more than 100 million images of the sun, about the equivalent of eight hours of TV programming a day for four months, mission managers said.
The SDO spacecraft is one of several space observatories keeping a constant watch on the sun. NASA's twin Stereo spacecraft and the NASA/ESA SOHO spacecraft also provide daily views of the Earth's closest star.
Follow Miriam Kramer on Twitter @mirikramer or SPACE.com @Spacedotcom. We're also on Facebook & Google+.