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About ACS Signs
From nail salon to New York Times
What began as a single neon sign for a nail salon has blossomed into creative partnerships with some of the most recognized brands in the US.
Since 2000, ACS Signs has designed, manufactured, and installed signs for businesses, hospitals, high-rises, and arenas around Indianapolis and beyond.
Nearly 20 years of quality workmanship, superior service, and creative capability, has earned ACS Signs the chance to work with notable clients including Avon Cosmetics, Barclay's Center, Angie's List, and The New York Times.
As the company has grown, so has our capacity to handle large-scale projects our competitors shy away from. ACS Signs works closely with architects and designers to bring creative visions to life, no matter how big or small.
Get to know the guys
Dick Lutin
Old and in the Way
What do you do when you're not at work?
Raise my two daughters, ride my bike, sail, turn a wrench, collect rocks, restore old British sports cars, play jazz guitar, and entertain guests.
Who are some of your favorite musical artists?
Miles Davis, Bela Fleck, David Crosby, Donald Fagen, Abbigail Washburn
What are your personal passions?
Driving my late 1971 Jaguar E-Type, sailing, and raising my daughters.
What's your favorite ACS Signs project?
Anything I've designed that will be around for a long time including an abstract three-dimensional, aluminum church spire at Earth House, "Wishful Thinking" in Fountain Square, and the Lockerbie/Chatham Arch Street signs.
I LOVE to make abstract art. I haven't made anything publicly in a few years, but my work can be seen around Fountain Square and other places around town. I love using exotic materials like paper, metals, and neon to create unique shapes and combinations that you might not see elsewhere.
If you could learn to do anything, what would it be?
As I've gotten older, I've been more interested in learning how families interact. I would love to learn more about psychology and how people interact with each other.
Mike Lutin
Commander of Dad Jokes
Play/listen/watch music, lift heavy things and put them back down (as a certified personal trainer), spin as an amateur DJ, hang out with my Siberian Husky named Ganon, spend time with friends, and help out my neighborhood association.
High School: Incubus
College: Miles Davis, Dave Matthews Band
Currently: Dermont Kennedy, RL Grime
Animals. I have a 13-year-old Husky and a school of fish in a pond I'm constantly trying to improve (like $40 worth of aquatic plants, improve). Gardening and cooking with my own herbs, basil, rosemary, and mint. Meeting new people and networking, you never know where your next best friend might be. Being positive and motivating. Oh, and I love cooking!
Definitely HI-FI, an iconic Indianapolis venue. D'Mir Dog Grooming and Friendship Church are runner-ups.
My talents aren't very secret. I've played piano, guitar, bass, tuba, baritone, and drums throughout the years. I also have a knack for getting flat tires.
Code. It seems like it's all the rage. Everyone's doing so much interesting stuff with it. I wish I had the time to dedicate to it.
James Lidecker
Mile Davis, Bela Fleck, David Crosby, Donald Fagen, Abbigail Washburn
Make a good impression.
Let's Get Started »
More About ACS Signs
sales@acssigns.com
1110 East 22nd Street
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This fragrance encapsulates those magical, hot, fleeting evenings in August by the use of premium Jasmine, creating a scent that is undeniably soothing and one that will make you yearn to return to those dreamlike nights. There is a breathtaking opening to the fragrance through the instantly recognisable yet fleeting scent of jasmine that withers into notes of mimosa and ylang ylang. Jasmin T is a delicate yet sensuous fragrance that is as intense as it is light.


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Féach is a Support Group for Parents of Blind and visually impaired Children
About Féach
Newsletter Sign-in
Féach Teachers Guide Launch
Welcome to Féach
Parents may never before have met a person who is blind or has a significant sight loss, and never have known of another child like their own. They can be beset by all kinds of worries and questions: How will my child learn? Will she have friends? Will he be happy? Where will she go to school? What can I say to him? Will I be able to cope? Who will tell me what to do? How will I know what she needs? How will I know if I am doing the right thing?
With visual impairment, advice will be needed on medical issues, on education, on social opportunities, and on the practicalities of daily life. However, for most parents, one of the most important sources of support is not the professionals, but other parents.
No one can do this more effectively or more convincingly than the person who has been down this road already: another parent. The parents of FEACH have recognised the importance of this role, and have been making strenuous efforts over the past number of years to make sure that this parent-led support is available to any new parents who are experiencing visual impairment for the first time.
FEACH members do not push people into individual contacts for which they are not ready; instead, they offer the support of a group of ready, sympathetic and knowledgeable peers, who are uniquely qualified to understand the experience the person is going through.
Feach is a non profit CLG - CRO Number 702388
We have a Feach Facebook Group page, which is a closed group and allows discussion and sharing amongst each other in a private environment,
To join simply click on the following link
https://m.facebook.com/groups/1610250019260069?ref=bookmark
Like us on our main Facebook page for regular updates
www.facebook.com/FeachVIP
Upcoming News / Events
About Feach

redpajama_set_name: RedPajamaCommonCrawl


AVG Internet Security 2016 is a reliable and easy-to-use solution for home and small office users which is trusted by millions of users worldwide. Its fast scan and video streaming, smart security won't slow your computer down.
With this Internet Security you also have access for the first time to AVG Identity Theft Recovery Unit that will help you get your life back in order if you ever become a victim of identity theft – online or offline. Only AVG Internet Security 2016 gives you real-time protection against malicious websites thanks to our AVG LinkScanner technology.
Additionally, AVG Internet Security 2016 pulls together elements of AVG's firewall, identity protection, and anti-virus signature detection capabilities to deliver the most accurate detection of new and unknown threats. This enhanced protection level makes use of cutting-edge technologies like application white-listing and "in-the-cloud" automated testing for tell-tale signs that indicate the presence of a new threat. When you install AVG Internet Security 2016, every one of these features is fully-functional – there's no need to do a thing.


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A.	The Department of Public Service provides a presiding examiner and whatever legal, technological, scientific, engineering and other services that may be required. The Department of Environmental Conservation provides an associate examiner. The Secretary and the General Counsel to the Public Service Commission serve as Secretary and the General Counsel to the Siting Board.
A.	At the earliest stage of the Article 10 process, applicants are required to prepare and begin implementing a Public Involvement Program. In addition, to ensure that the public and interested parties are fully assisted and advised in participating in the Article 10 process, an Office of Public Information Coordinator has been created within the New York State Department of Public Service.
A.	It is the Siting Board's policy to encourage public participation in the review of the applicant's proposal at the earliest opportunity so that public input can be considered.
A.	A notice of intent to be a party must be filed with the Secretary to the Siting Board.
A.	The Siting Board must consider: (a) the state of available technology; (b) the nature and economics of reasonable alternatives; (c) environmental impacts found pursuant to subdivision two of this section; (d) the impact of construction and operation of related facilities, such as electric lines, gas lines, water supply lines, waste water or other sewage treatment facilities, communications and relay facilities, access roads, rail facilities, or steam lines; (e) the consistency of the construction and operation of the facility with the energy policies and long-range energy planning objectives and strategies contained in the most recent state energy plan; (f) the impact on community character and whether the facility would affect communities that are disproportionately impacted by cumulative levels of pollutants; and (g) such additional social, economic, visual or other aesthetic, environmental and other considerations deemed pertinent by the Siting Board.


Have your game pitch critiqued by Flat Earth!
Got a game idea? A design document? A short pitch document?
Want to know if you're pitching it well?
Try pitching it to us and we'll help you refine it.
This Sunday at 10am, Leigh will be on a panel at Game On (part of the Vivid Festival in Sydney) at the Australian Technology Park to do just that! The panel is all about helping you figure out how best to pitch your game, regardless of the idea.
So if you want to know if your game idea is sticky, grab a ticket to Game On and email your game pitch to Leigh and show up at 10am on Sunday to have the panel talk about how you could best present your idea to the world.
Perfect for budding developers who want to know best how to describe their vision to other people – a key component in getting that first bit of attention from press, other developers or whoever might need to care about your game idea!
for a full list of all the awesome talks and panels which are happening this weekend!
One of our co-founders Leigh Harris will be at Game On in Sydney shortly presenting panels on multiple topics! Game On is part of Sydney's awesome Vivid Festival, and will be taking place from 22nd to 24th May at the Australian Technology Park.
Leigh will be on panels discussing his experience in starting Flat Earth with his brother Rohan, as well as being freely open to offer feedback on games people bring to the show.
You can check out the full program of speakers here.
As the headline of this short blog post subtly suggests, both our released games are currently in bundles for PC and Mac!
Then there's TownCraft, our very first baby, which is going on this week's Indie Gala bundle.
And hey, tell your friends! The Humble pack is in support of Oxfam and Save the Children.


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Howdy. Read eEdition here.
Michigan State forward Sidney Cooks joins Bulldogs
Michigan State transfer forward Sidney Cooks announced on Twitter Tuesday she would be joining the Mississippi State women's basketball team. Photo by: Twitter photo
Dispatch Staff Reports
Mississippi State women's basketball coach Vic Schaefer did it again.
After dipping into the transfer pool last year to pluck graduate forward Anriel Howard from Texas A&M, as well as undergrad transfers Andra Espinoza-Hunter (UConn) and Promise Taylor (Ole Miss), Schaefer landed former Michigan State forward Sidney Cooks Tuesday morning.
Cooks announced her commitment to MSU via Twitter. The university has since confirmed Cooks will sit out next season, per NCAA rules.
"I know this may not sound very lady like, but Imma DAWG," her tweet read.
A Kenosha, Wisconsin native, Cooks was the Associated Press Player of the Year in the state after averaging 27.6 points and 13.8 rebounds per game her senior year at St. Joseph High School. She was also ranked as the No. 5 overall player in the class of 2017 by ESPN HoopGurlz and was named a McDonald's All-American.
Cooks appeared in 30 games for the Spartans this past season, starting eight. She averaged 9.5 points, 4.5 rebounds and one assist in 19.4 minutes per game.
With the arrival of Cooks, MSU now boasts two former McDonald's All-Americans in this year's recruiting class as freshman Rickea Jackson, the No. 9 player in the class of 2019, will join the program this summer.
Junior college transfer Yemiyah Morris also joined the Bulldogs this spring. Morris averaged 13.9 points and 8.7 rebounds as a sophomore at Cochise Community College in Arizona. She will be tasked with lessening the void at center left by the departed Teaira McCowan -- the No. 3 overall pick in the 2019 WNBA Draft.


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#CJSReads REVIEW: The Lying Game by Ruth Ware @gallerybooks @ruthwarewriter
#cjsreads #cjsreads2017, Gallery Books, Paperback. ARC, Psychological Thriller, Reviews, Ruth Ware, suspense, The Lying Game
by Ruth Ware
Gallery Books / Scout Press
🎆 Happy Publishing Day! 🎆
See what Jessica, Sam and I had to say about Ruth Ware's latest!
Scroll past our reviews for a special Q&A with Ruth herself!
From the instant New York Times bestselling author of blockbuster thrillers In a Dark, Dark Wood and The Woman in Cabin 10 comes Ruth Ware's chilling new novel.
On a cool June morning, a woman is walking her dog in the idyllic coastal village of Salten along a tidal estuary known as the Reach. Before she can stop him, the dog charges into the water to retrieve what first appears to be a wayward stick, but to her horror, turns out to be something much more sinister...
The next morning, three women in and around London—Fatima, Thea, and Isabel—receive the text they had always hoped would NEVER come, from the fourth in their formerly inseparable clique, Kate, that says only, "I need you."
The four girls were best friends at Salten, a second rate boarding school set near the cliffs of the English Channel. Each different in their own way, the four became inseparable and were notorious for playing the Lying Game, telling lies at every turn to both fellow boarders and faculty, with varying states of serious and flippant nature that were disturbing enough to ensure that everyone steered clear of them. The myriad and complicated rules of the game are strict: no lying to each other—ever. Bail on the lie when it becomes clear it is about to be found out. But their little game had consequences, and the girls were all expelled in their final year of school under mysterious circumstances surrounding the death of the school's eccentric art teacher, Ambrose (who also happens to be Kate's father).
Atmospheric, twisty, and with just the right amount of chill that will keep you wrong-footed—which has now become Ruth Ware's signature style—The Lying Game is sure to be her next big bestseller. Another unputdownable thriller from the Agatha Christie of our time.
They met at boarding school: Isa, Fatima, Kate and Thea. Kate and Thea teach newcomers, Isa and Fatima, The Lying Game. There are rules to be followed and points to earn. This game makes many enemies for them, but they don't care - they're a fearsome foursome to be reckoned with and as long as they have each other, they don't need anyone else. An unfortunate incident surrounding the death of their art teacher (Kate's father) has the girls expelled from school in their final year. They promise to always come if one sends a message, "I need you." And years later, they get one from Kate and head back to the area where they all met. Seems their past is catching up with them when a body turns up.
I've been a fan of Ruth Ware since In a Dark, Dark Wood and Woman in Cabin 10 so I was more than thrilled to receive an early copy of this book. I love Ruth's writing style - the short chapters, the concise back and forth in time and the characters that she creates. She did a remarkable job of reminding us of our childhood friends and how our "cliques" felt powerful and the bond that you create with them. This particular book had me flipping pages with a need to know urgency. But then I found myself quickly losing interest. Told strictly through Isa's POV, I didn't feel myself connecting with any of the characters. The ending was a bit rushed for me and the twist for me was that I saw the entire ending coming! I've seen a few people compare this book to the show Pretty Little Liars. Not my favorite show, which may be why this isn't my favorite book either. Hard to say!
No matter what, I will always continue to pick up Ruth Ware's books. This is a moderately paced thriller that's an easy, quick read. While it didn't quite hit home for me like her other two books did, it may for you!
View all my reviews.
Jessica's Thoughts:
Here is the anticipated third book from Ruth Ware! THE LYING GAME is definitely different than her other two books (IN A DARK DARK WOOD and WOMAN IN CABIN 10) - I love her writing style and this one was very fast paced. If you're a fan of Pretty Little Liars then this will be on you'll have to look up!
We start out with a body being discovered by a woman walking her dog - when the dog jumps into the water to retrieve what appeared to be a stick and ended up being sometimes much more horrific. Shortly after the body is discovered, three old friends, Fatima, Thea, and Isa, all receive a text message they hoped would never come. Three simple words from their friend Kate, "I need you".
The four friends had met when they were in Salten boarding school. They were notorious for playing a game they called, The Lying Game. There were simple rules to The Lying Game:
Rule 1: Tell a lie.
Rule 2: Stick to your story
Rule 3. Don't get caught.
Rule 4. Never lie to each other.
Rule 5. Know when to stop lying.
This game had major consequences when they were all expelled in their last year of school. They were expelled under suspicious circumstances surrounding the death of Kate's father - who was the school's art teacher.
This book had great pacing throughout. It's definitely one that sucks you in right away! This book is told completely through Isa's point of view. We're brought through events of their past and there were plenty of shocking moments. The ending though was kind of a let down in comparison to the rest of the book.
I think that I enjoyed this one more than IN A DARK, DARK WOOD and about on par with how much I liked WOMAN IN CABIN 10. If you want a lighter suspense book then I'd say this is perfect for you! A great summer read.
I give this one 4/5 stars!
Sam's Thoughts:
I'm just gonna come right out and say it. I have never read a novel by Ruth Ware. I know, I know, what kind of thriller lover am I? I have them all purchased, sitting on my shelf, waiting patiently for me but I am a slave to my TBR pile and hadn't been able to read them yet. So, I was more than thrilled when #cjsreads made The Lying Game by Ruth Ware a July title.
The novel opens with a body being discovered and Isa, a new mother, receiving a text from her childhood friend. A text she knows to always respond to. A text she hoped she would never get. Travelling to Salten, a boarding school she spent a year in, she meets up with Kate and two other friends who all went to the school; notorious in their time, they were known for playing The Lying Game. A game blurred with reality, and soon, the girls realize that their past is not as buried as they had hoped.
From the first pages, I was pretty much hooked. It sort of had that chick lit, Pretty Little Liars vibe that I enjoy in a thriller. Imagine Big Little Lies and a sort of darker Gossip Girl. I really enjoy where I can get that sort of "feeling" from a piece of fiction for an adult, especially since it usually can only be found in the realm of YA.
I found myself flying through the pages, which were narrated by Isa, and was gripped trying to figure out what had went on in their past (which was also explored). I had plenty of theories. This one peaked for me in the middle, it had a sort of "SAY WHAT" moment and I was completely perplexed.
However, I found the ending to be a little lackluster. It sort of went the tired and true route and I felt a little disappointed.
Overall, I felt like this one was fast paced and juicy enough to be a perfect read for the beach. I gave it a 4/5 stars!
Big thank you to Gallery Books / Scout Press for these copies in return for our honest opinions.
Name: Ruth Ware
Where from: East Sussex, in the UK
Books written, blurbs. In a Dark, Dark Wood; The Woman in Cabin 10; The Lying Game (forthcoming)
www.ruthware.com
Twitter: @ruthwarewriter
Facebook: https://www.facebook.com/ruthwarewriter/
Instagram: https://www.instagram.com/ruthwarewriter/
What does your writing process look like? P
People often assume that I write out of order, or spend ages piecing my books together, because they tend to be chronologically quite complicated (as with the back and forth timelines in IADDW, or the newspaper extracts and emails in Cabin 10). However the truth is that 99% of the time, I write as you are reading it, in that order. I just use my instinct about when to swap storylines / time frames.
How many hours a day do you write?
I have school age children, so I start after I have dropped them off at school, and stop when it's time to pick them up. It's a great way of focussing the mind!
What is your least favorite part of the writing / publishing process? Favorite part?
For me, the hardest part is when the book is completely finished - written, edited, typeset, printed - and you are waiting for it to come out. You can't do anything to change it, and you don't know whether people are going to love or hate it. That's always when the anxiety dreams start for me! The best part? That's really hard... I love the honeymoon stage, when you're just toying with a new idea and it seems like this could be The One, the best book you've ever written. And the bit where you type "the end" is pretty satisfying too. I also love the editing process, although this definitely isn't true of all writers!
How many unpublished/half-finished books do you have?
I am pretty tenacious and I can probably count on the fingers of one hand the number of unfinished projects I have. I don't tend to get started on an idea until I am pretty committed to it. Unpublished however is another story - I started writing book-length things when I was a teen, I think the first proper "book" I wrote was when I was about 13. It was a pretty terrible fantasy / sci fi epic. And I didn't really seriously try to get published until I was 30. So... you do the maths. That's a lot of projects in the bottom drawer in between!
Do you read your reviews? Do you respond to them, good or bad? Any advice on how to deal with the bad?
I try not to read them - not because I don't think they have anything valuable to say, or because I think I have nothing to learn, but because on the whole I think reviews are for readers, and on some level reading them feels a bit like eavesdropping. Also, they don't seem to make me a better writer. The good ones make me big headed, and the bad ones make me self-loathing, and neither of those mental states is very conducive to good writing, even when the reviews have a point. It's better for my writing (and my mental health) to figure these things out for myself.
What's the best money you ever spent as a writer?
My writing desk and chair. I was fairly broke when I bought them, and it was a chunk of change I couldn't really afford, but I was writing on the sofa before that and ruining my back, and every time I sit down at my desk, I remember why that was a good decision. A good big desk with room for a proper screen and keyboard, and a chair that properly supports your back, is an investment your body will thank you for in 5 years time!
Review: Woman No. 17 by Edan Lepucki
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BLOG TOUR & REVIEW: Till the Dust Settles by Pat...
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Book Feature & Author Q&A: A Body in the Clouds b...
REVIEW: Girl on Point by Cheryl Guerriero @RAPubl...
REVIEW, AUTHOR Q&A & EXCERPT: Weave a Murderous W...
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COVER REVEAL: Sins of the Father by Michael J. Re...
#CJSReads REVIEW: Watch Me Disappear by Janelle B...
COVER REVEAL: Deception So Deadly by Clara Kensie ...
#CJSReads REVIEW: Devil's Call by J. Danielle Dor...
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BLOG TOUR & #CJSReads REVIEW: Bring Her Home by D...
#allthebookreviews: Meddling Kids by Edgar Cantero...
#CJSReads REVIEW: Final Girls by Riley Sager @dut...
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One Kind of Book That I HATE!
You all know that I love books, but there's one kind I hate!
In speaking with other business owners, I've found I'm not alone… There are plenty of consultants, entrepreneurs, authors, coaches, photographers, designers and other small business owners who feel exactly the same way that I do about these books.
They're a continuing source of pain and misery, and yet they're a barely tolerated, oft-ignored necessity.
Have you guessed what kind of book I'm talking about?
Promoting Your Blog: How Much Should You Set Aside in Your Budget?
There is no denying that a blog is a highly effective tool for successfully promoting yourself. While once used by everyday people to share their thoughts and opinions, a blog has now become one of the most powerful marketing tools an author or speaker can use.
Whether you have set up a blog as the foundation of your speaking or writing career or you are using a blog to promote your books, one thing is certain: You want to attract as much attention as possible. While that blog may be expertly designed, highly informative, and very engaging, if you aren't effective promoting it, you won't be driving as much traffic to it as you could.
My clients often tell me that they want to publish their book, but they've got limited cash to do it with. So, their dream of being a published author and seeing their book in print sits on the back-burner waiting for the additional cash to be freed up.
Unfortunately, for many, that day never comes!
However, I was determined to see how far I could get, despite my lack of funds at the time. Amazingly, there's a lot you can do to publish your book on a shoestring budget if you're willing to put in the time to do the work yourself.


The brand's refined strategy and look sees the introduction of the Kanji script to their menus and each section being named as they would be in Tokyo.
Menus will now have a magazine style look to them and are entitled 'Welcome to Tokyo,' while type and graphic installations are used in YO! Sushi branches.
&SMITH Director Dan Bernstein says: "As soon as I interviewed executive chef Mike Lewis on day one, I knew our idea had to be centred around authenticity.
The new look has now been launched in over 70 UK YO! Sushi sites with every site in the US set to follow suit later this month.


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Q: Why does strpos, position, charindex return 1 when empty substring is passed Why do all three of these return a value of 1 in redshift?
select strpos('X', '')
select position('' in 'X')
select charindex('', 'X')

A: Because the empty string is the very first part of all strings.

redpajama_set_name: RedPajamaStackExchange


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PHYSEE's general terms and conditions
1. Application and definitions
1.1. These general terms and conditions (the Terms) apply to the sale or supply of all products (which may include SENSE) (Products) and the performance of all services (excluding SaaS delivered to Users and End Users under Subscription Agreements or applicable end user license terms) (Services) by PHYSEE to you (Customer) under an Agreement.
1.2. The Customer's general terms and conditions are hereby excluded.
1.3. These Terms are available at www.physee.eu and will be shared together with any Offer. These Terms may be amended by PHYSEE (amended versions will be published on the aforementioned website). In respect of an Agreement and an Offer the version of the Terms applicable as of the effective date of the Agreement or the date of the Offer will apply.
1.4. In these Terms the terms below shall have the following meaning:
1.5. Offers by PHYSEE are open for acceptance within the period stated in such Offer or, in the event that no period is stated, within 30 days from the date of the Offer. No order submitted by Customer will be deemed final or accepted by PHYSEE unless and until confirmed by PHYSEE.
(i) Agreement: any written agreement for supply, distribution, sale, or license of any Products or Services entered into between PHYSEE and Customer, or any purchase order that is issued by Customer and accepted by PHYSEE;
(ii) Building Owner: means the owner of the building in which the Services or Products are used.
(iii) End User: the individuals using the services provided under a Subscription Agreement to User (e.g. the employees of a tenant or the facility manager of a Building Owner).
(iv) Confidential Information: means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, such as an Offer, inventions, designs, drawings, engineering, computer object or source code, research, algorithms, non-published patent applications, technical data and know-how in relation to the Services and Products.
(v) Digital Twin: means the software part of SENSE that consists of a BIM model in which algorithms run simulations based on data gathered from the SENSE Modules which is coupled to building physicals models.
(vi) Discloser: means the party disclosing Confidential Information to the Recipient;
(vii) IGU: insulated glass units.
(viii) Offer: any proposal, quotation or offer provided to Customer by PHYSEE;
(ix) PHYSEE: PHYSEE Products B.V. or any of its affiliates;
(x) Raw Data: means any data (not being Personal Data) collected by Products but not processed or enriched by Sense Platform.
(xi) Recipient: means the party receiving Confidential Information from the Discloser;
(xii) Restricted Jurisdiction: countries or states that are subject to trade sanctions or embargoes from time to time.
(xiii) Restricted Party: Any person targeted by economic sanctions under applicable laws, any person designated on the UN Financial Sanctions List, EU (Member State) Consolidated Lists, US Department of Treasury Office of Foreign Assets Control Lists, US State Department Non-proliferation Sanctions Lists, or US Department of Commerce Denied Persons List, as may be in force from time to time, or, any affiliates of such persons and any person acting on behalf of a person referred to in the foregoing.
(xiv) SENSE: both the individual hardware components (including, the SENSE Modules, PHYSEE servers and gateways) and software (including Digital Twin) as offered by PHYSEE;
(xv) SENSE Modules: means the sensors as provided by PHYSEE for the integration into the IGU;
(xvi) SENSE Platform: PHYSEE's system consisting of SENSE Environment and various additional SENSE Packages, such as the SENSE Utilization Package, SENSE Air Quality Package, SENSE Lightning Package and Live Motion Package as specified in an Order. Details are available upon request.
(xvii) Subscription Agreement: the agreement concluded between a User and PHYSEE to get access and benefit from (parts of) the SENSE Platform.
(xviii) Smart Windows: the IGU which has SENSE Modules integrated.
(xix) User: the party that wishes to procure the SENSE Platform.
(xx) Warranty Schedule: means the schedule attached to these Terms containing warranty periods for certain Products.
1.6. In the event of any conflict or inconsistency between these Terms and the terms of any Agreement or Offer the terms of such Agreement or Offer will prevail.
1.7. Any different or additional terms in any purchase order, terms of purchase or other writing from Customer will be deemed an alteration of these Terms and will have no effect.
1.8. When Customer resells Products or incorporates Products and/or Services in offerings to its customer, Customer shall ensure that all its customers and/or end users of Products or Services comply with all relevant Customer's obligations under the relevant Agreement and these Terms, and that the terms of its agreement with each of its customer(s) or end user(s) are consistent with the relevant Agreement and these Terms.
2.1. PHYSEE warrants that Products contained in the original packaging are free of defects in materials and workmanship if used normally in accordance with PHYSEE's installation guidelines, for a period of one (1) year from the date of delivery to Customer, unless specified otherwise in the Warranty Schedule. For any Services performed by PHYSEE, PHYSEE warrants that from 30 days from performance the Services will be free from service defects. A service defect occurs if the service has not been performed in a competent manner.
2.2. The warranty shall not apply if (i) installation is not carried out in strict accordance with PHYSEE's installation manual, or (ii) if the failure of a Product is otherwise the result from negligence, error or misuse of the Products by Customer, Building Owner, User or anyone other than PHYSEE.
2.3. If the Product is non-conforming within the warranty period, taking into account all other stipulations in these Terms, at PHYSEE's option, either (i) a replacing Product or Product element will be provided or (ii) the non-conformity will be repaired, within a reasonable time. Customer shall provide all cooperation necessary for the purpose of such replacement or repair. The replacing or repaired element will have a warranty for the remaining warranty period of the original element. Customer shall not be entitled to suspend its obligations (opschorten) under an Agreement as a result of non-conformity.
2.4. PHYSEE does not warrant or otherwise guarantee the functioning of Products other than as provided for in clause 2.1 PHYSEE does not warrant that the operation or availability of Products or Services will be uninterrupted or error-free. Customer shall not use or rely on Products and Services for any other applications or purposes than agreed in an Agreement.
2.5. In order to be entitled to make a valid claim under warranty, Customer shall promptly notify PHYSEE of alleged defective Services prior to expiration of the warranty period. If despite reasonable efforts of PHYSEE, no replacement product can be supplied or the Product cannot be repaired or defective services cannot be remedied or supplemented, PHYSEE shall make an appropriate refund or credit of amounts paid by Customer for those products or services.
2.6. If technical assistance or advice is offered or given to Customer, such assistance or advice is given in accordance with the terms and conditions of the Offer or as otherwise agreed between parties in writing. PHYSEE shall not be held liable for the content or Customer's use of such technical assistance or advice nor shall any statement made by any of PHYSEE's representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
2.7. For the avoidance of doubt, PHYSEE does not make any warranties, representations, or guarantees regarding the specifications, features or capabilities of any third party product (such as Smart Windows).
3.1. PHYSEE may invoice Customer upon shipment of Products or when Services have been performed. PHYSEE may require:
3.1.1. Customer to pay on fixed payment days
3.1.2. an advance payment of (part of) the price; and/or
3.1.3. invoice per separate specified phase.
3.2. Payment for the Products or Services shall be made in full within 14 days after the date of the invoice and in Euro.
3.3. Prices do not include taxes, duties or other government fees, unless stipulated otherwise by the applicable Incoterms.
3.4. In case of late payment, PHYSEE shall be entitled to, in addition to any other rights and remedies available to it, charge the statutory interest (wettelijke handelsrente) in accordance with article 6:119a of the Dutch Civil Code.
3.5. Products shall remain the property of PHYSEE until paid for in full to the extent such retention of title is valid under the relevant law. In case of breach of these Terms or an Agreement by Customer, PHYSEE may require that Customer returns to PHYSEE, at Customer's costs (including costs for de-installation), all Products in which title has not yet passed.
3.6. PHYSEE may set off against and deduct from any amount that PHYSEE owes to Customer under any agreement any amount that Customer owes to PHYSEE or against any advance payments or deposits made by Customer.
3.7. Customer shall not be allowed to set off (verrekenen) payment obligations against the payment obligations owed by PHYSEE.
4. Delivery of Products and Service Performance
4.1. Following an order by a Customer, PHYSEE will deliver the Products DAP – location as indicated in an Agreement (Incoterms, latest version) and in accordance with these Terms.
4.2. Dates communicated or acknowledged by PHYSEE are approximate only. In the event of delay, PHYSEE shall use commercially reasonable efforts to deliver Products or perform Services within a period that is reasonably needed given the cause of the delay, failing which Customer's sole and exclusive remedy will be to cancel the order for undelivered Products and Services.
4.3. All Products delivered under an Agreement will be deemed accepted by Customer as conforming to the Agreement, and Customer will have no right to revoke any acceptance, unless Customer provides PHYSEE notice of a claimed nonconformity within seven (7) days of the date of delivery. Any use of a Product by Customer or its customers after delivery will constitute acceptance of that Product by Customer. Where any Service has not otherwise been accepted or rejected by Customer in writing, acceptance of a Service will be deemed to have occurred (14) days after the results of Services have been placed in use by Customer.
4.4. Unless agreed otherwise, PHYSEE's liability in relation to late deliveries or late performance will be limited in accordance with clause 9.1.
4.5. Customer is responsible for all information, orders, instructions, materials, and actions provided or performed by Customer directly or by third parties engaged by Customer (excluding subcontractors of PHYSEE) in connection with the delivery or performance by PHYSEE of any Products or Services. PHYSEE will be entitled to rely on the accuracy and completeness of all information furnished by Customer.
4.6. Customer acknowledges that certain features or functionality of Products and Services may rely on the availability and correct functioning of third party service providers, as may be indicated by PHYSEE, including supply of energy, data storage, connectivity (such as ethernet), window cleaning and communication services. These are outside of the control of PHYSEE, and PHYSEE will have no responsibility or liability in this respect.
4.7. In the event of delay or interruption in delivery of Products or the performance of Services for reasons not attributable to PHYSEE, the timelines for performance by PHYSEE will be amended accordingly.
4.8. Customer shall reimburse PHYSEE for all reasonable travelling and subsistence expenses properly incurred in providing the Services.
5. Access to systems and premises
5.1. If the performance of Services or delivery of Product requires PHYSEE or its personnel to access Customer's or a Building Owners premises, systems, information technology, or infrastructure, Customer shall grant access, or cause Building Owner to grant access to such premises, systems, information technology or infrastructure. PHYSEE will use reasonable efforts to comply with the applicable safety standards respectively terms and conditions for access and security, if such standards and/or terms and conditions are shared with PHYSEE at least two (2) weeks prior to PHYSEE's or its personnel's access.
5.2. Customer is responsible for the timely completion of preparatory works and site preparations in conformity with requirements set by PHYSEE.
5.3. Customer shall, or shall cause the Building Owner to, provide site access and inform PHYSEE about the location of any cables (including twisted pair ethernet cabling), electric power lines, instructions, authorizations, legal limitations and all other information relevant for performing the Services.
5.4. Further, Customer shall, or shall procure that the Building Owner shall, provide connectivity, electricity, heating, lightning on the site and sanitary installations on or near the site.
6. Customer's use of Services and Products
Customer shall:
(i) Provide PHYSEE with accurate and complete descriptions of its needs and business plans for performance of the Products and Services;
(ii) Maintain the site (including electricity an connectivity) and equipment used by PHYSEE in performing Services in good condition;
(iii) Not make design or development choices or allow or instruct a third party (such as an architect) to make design or development choices for the building in which Products or Services are used that interfere with the quality, usability and efficiency of Products and Services;
(iv) Cooperate with PHYSEE, or cause a Building Owner to cooperate with PHYSEE, in the development and installation of Products and Services;
(v) Obtain and keep current, or as applicable inform the relevant third party to obtain and keep current, all permits and approvals prior to any development activity on or for the building in which the Products or Services are used;
(vi) Use Products and Services, and cause third parties that will use Products and Services, to use in accordance with the applicable laws, relevant instruction manuals and only for their intended purpose;
(vii) not make any alterations to the Products without approval of PHYSEE;
(viii) be responsible for all costs (including repair and replacement costs) resulting from improper use of the Products and Services;
(ix) use reasonable endeavors to inform potential Users and End Users about the SENSE Platform and the possibility to enter into a Subscription Agreement, and, where relevant, ensure compliance with the use terms as set out in the Subscription Agreement;
(x) make available competent staff if and when required to support PHYSEE.
7. Periodic review
7.1. PHYSEE reserves the right to review the building in which Products or Services are used periodically to determine if there has been demonstrated good faith compliance with these Terms or an Agreement.
7.2. Customer shall grant, or shall cause Building Owner to grant access for this purpose. If PHYSEE finds that on the basis of evidence that there has been a failure to comply with these Terms or an Agreement, PHYSEE shall be entitled to improve or alter the Products or Services at Customer's costs.
8. Customer warranties:
8.1. Customer warrants that:
(i) it has obtained all necessary rights and permissions from the Building Owner and or other third parties (including but not limited municipalities and mortgage holders such as banks) necessary to implement Products and Services in a building.
(i) the implementation of the Products and Services in a building shall not violate any applicable laws, land use plans (bestemmingsplannen) and reasonable building requirements (redelijke eisen van welstand).
(i) it is in compliance (including its representatives, staff, shareholders and affiliates) with applicable laws in respect of anti-bribery, anti-money laundering or competition; and
(ii) it is not involved in providing bribes and/or remunerations or advantages to government officials or close family of government officials that are contrary to the applicable laws.
9.1. PHYSEE's liability in relation to or arising from the provision of Products or Services to Customer, or otherwise under an Agreement, will be limited to the lower of 25% of the total price paid for the Services or Products to which such claims relate or the amount paid out by PHYSEE's insurance. For Services performed PHYSEE's s liability will be further limited to 25% of the total price per milestone or other specified point in time for all claims related to such milestone or specified point in time.
9.2. In deviation of clause 9.1, any liability that results from the installation or use of Products or Services in contravention of or not in strict accordance with the installation manual, is excluded.
9.3. The liability for any indirect losses, meaning any damages or losses which do not qualify as direct losses, are in any event expressly excluded. For the avoidance of doubt, indirect losses will in any event mean loss of production, lost savings, loss of goodwill, loss of data, loss of profit, loss of use, and loss of contracts.
9.4. Nothing in these Terms or an Agreement excludes or limits the liability of either party for: (i) death or personal injury, (ii) fraud or fraudulent misrepresentation, or (ii) willful misconduct or gross negligence. In any event, in order to be entitled to make a valid claim referred to in clause 9.1, Customer shall notify PHYSEE of any such claim within 30 days of the date giving rise to the claim, and any lawsuit relating to a claim must be filed within 1 year of the date of such notification.
10.1. Customer shall indemnify and hold PHYSEE harmless from any and against all claims, demands, disputes, damages, costs, expenses, (including attorneys' fees), incurred by PHYSEE as a result, directly or indirectly, of Customer's or a third party's (such as the architect's) development and design choices, flaws, defects, faults, and shortcomings in relation to the building in which the Products or Services are used.
11.1. The relationship between PHYSEE and the Customer shall not result in any transfer of intellectual property rights.
11.2. Customer does not obtain a license to use the SENSE Platform under these terms. To benefit from the SENSE Platform, Users have to enter into a Subscription Agreement.
11.3. Subject to Customer's fulfillment of all obligations under the Agreement and these Terms, the supply of Products and/or Services (including software embedded in Products or Services such as firmware) includes a revocable, non-exclusive, non-sublicensable and non-transferable license to Customer under any intellectual property rights of PHYSEE to use or resell the Products as sold by PHYSEE and the Raw Data as generated by those Products, and/or, for Services, to use the Services during the term of the applicable Agreement in accordance with the applicable Services description.
11.4. In respect of any (embedded) software or other applications supplied to Customer, Customer shall not and shall not permit any third party to unauthorized access and use thereof.
11.5. The Products may contain software governed by licenses from third parties. Any such software is licensed to Customer subject to the terms and conditions of the applicable third party license, notwithstanding anything to the contrary in these Terms. More information on third party licenses included in Products can be found in the documentation for each Product.
12. Personal Data
Each party shall comply with all applicable data protection laws. Unless agreed otherwise by the parties, PHYSEE (or its subcontractors) will not process information relating to any identified or identifiable natural persons ("Personal Data") for Customer or on Customer's behalf.
13. Confidential Information
13.1. The Recipient shall protect all Confidential Information which the Discloser provides to it (whether orally, in writing or in any other form) using the same standards as the Recipient applies to its own comparable confidential information but in no event less than reasonable measures. The Recipient may only use Confidential Information for the purposes of the relevant Agreement. The Recipient may provide its and its affiliates' employees, professional advisors, agents and consultants (all "Permitted Users") with access to Confidential Information on a "need to know" basis only. The Recipient shall ensure that each of its Permitted Users are bound to hold all Confidential Information in confidence to the standard required under these Terms.
13.2. The Recipient's confidentiality obligations will not apply to information: (i) already known to it at the time of disclosure without restrictions on disclosure; (ii) in the public domain or publicly available other than as a result of a breach of the relevant Agreement; (iii) provided to it by a third party who is under no such obligation of confidentiality; or (iv) independently developed by it without using the Discloser's Confidential Information.
13.3. If any court, regulatory authority or legal process requires the Recipient to disclose information covered by this confidentiality obligation, then the Recipient may make any such disclosure, provided that the Recipient will, if permitted by law, advise the Discloser promptly of any such requirement and cooperate, at the Discloser's expense, in responding to it.
13.4. Upon termination of the Agreement under which the Confidential Information is disclosed, each party shall return and make no further use of any Confidential Information belonging to the other party (except both parties shall have the right to retain information and documents in accordance with applicable law, their respective document retention schedules or pursuant to advice of their attorneys).
14. Termination and suspension
14.1. PHYSEE reserves the right by written notice of default to, at its option, cancel or suspend any performance due from PHYSEE and to refuse additional performance, or terminate an Agreement or any part thereof, if one of the following events (not-limitative) occurs: (i) the Customer defaults in performing its obligations under these Term or an Agreement, or (ii) the Customer ceases, or threatens to cease, business operations or enters into any bankruptcy, insolvency, receivership or like proceeding of the like not dismissed within 30 days, (iii) the Customer assigns its assets for the benefit of creditors, or (iv) the control over or ownership of Customer changes. PHYSEE may only use the right to terminate an Agreement pursuant to this clause if, in respect of an event under (i) above that is capable of being remedied, Customer fails to remedy the breach within 14 days.
14.2. Unless explicitly agreed otherwise in an Agreement: (i) any Services provided in relation to Products (including for example facilitating and maintaining a LoRaWAN network) and (ii) any license to use Products (including for example Digital Twin) shall terminate six months after the first delivery thereof in the event that, in relation to the building for which such Products and/or Services are provided, no Subscription Agreement has been concluded in a period of six months after the first delivery thereof. Without prejudice to the previous sentence, PHYSEE has the right to terminate an Agreement for convenience by giving 90 days prior written notice to the other Party.
14.3. The termination of an Agreement shall not release the Customer from its obligation to pay any charges then owing to PHYSEE.
15.1. Force Majeure. Either party shall be entitled to suspend performance of his obligations under an Agreement to the extent that such performance is impeded or made unreasonably onerous by Force Majeure, meaning any of the following circumstances: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of power, industry-wide shortages, cyber-attacks and hacking, currency and export restrictions, epidemics, natural disasters, extreme natural events, terrorist acts and defects or delays in deliveries by sub-contractors caused by any such circumstance referred to in this clause.
15.2. The party claiming to be affected by Force Majeure shall notify the other party in writing without delay on the intervention and on the cessation of such circumstance. If a party fails to give such notice, the other party shall be entitled to compensation for any additional costs which he incurs and which he could have avoided had he received such notice.
15.3. Regardless of what might otherwise follow from these Terms, either party shall be entitled to terminate the Agreement in relation to which the Force Majeure occurred by notice in writing to the other party if performance of that Agreement is suspended under clause 15.1 for more than six months.
15.4. Assignment. Either party may at any time transfer (by way of assignment or novation) an Agreement, or any rights or obligations thereunder, to any affiliate upon written notification to the other party (and the other party hereby consents to any such transfer).
15.5. Subcontracting. PHYSEE may subcontract any part of its obligations under any Agreement to a third party.
15.6. Severability. If any provision (or part of a provision) of these Terms or an Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15.7. Waiver. No failure, delay or omission by either party in exercising any right provided by law or under these Terms or an Agreement shall operate as a waiver of that right nor shall it preclude or restrict any future exercise of that or any other right. A waiver of any right under these Terms or an Agreement is only effective if it is in writing and signed by the waiving party and it applies only in the instance and to the circumstances for which it is given.
16. Export Control.
16.1. Customer will comply with all applicable trade control laws and provide PHYSEE with necessary data to comply with trade control laws.
16.2. Customer will ensure that, except with the prior written consent of PHYSEE, Products or Services are not exported, provided or made available to any Restricted Jurisdiction or Restricted Parties.
16.3. Customer certifies that it is not a Restricted Party.
16.4. The Customer shall defend, indemnify and hold PHYSEE harmless against any liability (including attorneys' fees) arising out of Customer's failure to comply with the terms of this clause.
17. Governing law and jurisdiction 17.1. All Agreements, Offers and these Terms, including any claim in contract or tort in relation thereto, will be exclusively governed by the laws of the Netherlands. The application of the Convention on the International Sale of Goods is excluded.
17.2. The competent court of Amsterdam, the Netherlands, shall have exclusive jurisdiction.
Warranty period without Subscription Agreement
Warranty period with Subscription Agreement
Sense Modules 1 year after delivery* For Smart Windows containing the Sense Modules: in accordance with the IGU manufacturer terms**
Servers*** In accordance with the third party manufacturer terms In accordance with the third party manufacturer terms
Gateways*** In accordance with the third party manufacturer terms In accordance with the third party manufacturer terms
Digital Twin 60 days until the end date of the last support and maintenance For the term of the Subscription Agreement, up to 10 years after first delivery ****
* This warranty period is limited to the Sense Modules as such. The warranty ends at the moment that the Sense Modules are integrated into the Smart Window. From that point on, the warranty of the IGU manufacturer applies. For the avoidance of doubt, Smart Windows are considered third party products as per clause 2.7 of these Terms.
** When a Subscription Agreement is concluded for a building in which Smart Windows (containing the Sense Modules) have been applied, the warranty on the Sense Modules has already ended and only the warranty of the IGU manufacturer applies (see also * above).
*** Servers and Gateways not manufactured by PHYSEE will reflect the warranty of the original manufacturer.
**** Provided that a Subscription Agreement is in force for the building for which Digital Twin is created.


The iconic green politico joins venture firm Kleiner Perkins Caufield & Byers as a partner.
Former U.S. vice president, Nobel Peace Prize winner and Academy Award recipient Al Gore will be adding another life experience to his curriculum vitae.
On Monday, Gore joined venture firm Kleiner Perkins Caufield & Byers as a partner, focusing on investments to solve climate change.
Gore's new role is part of a partnership agreement between the Menlo Park, Calif.-based venture firm and the London-based investment-management firm Generation Investment Management, which Gore co-founded.
Although details on the partnership are limited, the two firms said they will provide funding and consulting to public and private companies working in sectors such as renewable energy, building efficiency, cleaner fossil energy and carbon markets.
And because Kleiner Perkins got Gore, Kleiner Perkins partner John Doerr will join Generation's advisory board.
Doerr is a venture-capital superstar of sorts and made his claim directing funding to companies such as Sun Microsystems, Amazon.com and Google.
Kleiner Perkins has invested more than $200 million into the greentech space since 1999.
Although Gore is known for his green political passions, he also is deep with the business community. He is a senior adviser to Google and an Apple board member.
But as a VC, Gore will continue his philanthropic drive by donating his Kleiner Perkins salary to the Palo Alto, Calif.-based Alliance for Climate Protection, an advocacy group he co-founded.
But what type of VC will Gore be?
Most likely not a full-time one, said Mark Donohue, managing partner for Expansion Capital Partners.
"Given his other life commitments, I imagine he'll become a special limited partner or an equivalent type of role," he said.
Regardless, Gore comes loaded with a killer Rolodex and a deep understanding about how policy and government works. Such a combo is very attractive, said Sean Brownlee, a greentech consultant and former director of venture capital firm 3i.
That's because policy and government financial support are key drivers in getting clean technology to the masses (see Renewable Tax Credit and Portfolio Standard Could Get Cut From Energy Bill, Schwarzenegger Signs New Crop of Green Bills for California, and Range Fuels Signs $76 Million Technology Investment Agreement with the U.S. Department of Energy). Gore's history shows he has a strong grasp of this realm.
For example, as companies chase nondilutive equity, "he would be in a great position to know which arm of the government has subsidies available and research and development grants," Brownlee said.
This in not the first time Kleiner Perkins has gone after a famed politico. The firm wooed and secured former Secretary of State Colin Powell as a strategic limited partner.
Gore's presence has proved positive for greentech companies in the past. Spanish renewable-energy developer Abengoa saw its shares jump about 9 percent earlier this month on speculation that Gore's investment fund had bought a stake in the company.
With such power behind his name, should other venture-capital firms be concerned about Gore's ability to snag the most innovative companies for Kleiner Perkins' portfolio?
At least some VCs aren't worried. "How much bandwidth do you think Al Gore is going to have to role up his sleeves and work to make each company a success?" said Rob Day, a principal with @Ventures and the writer of Greentech Media's Cleantech Investing blog.
Day said there are hundreds of startups forming every month. "And I don't think any one investor that is going to be part-time is going to monopolize any deal flow," he said.
If anything, Day said he sees the move by Gore bringing more visibility to the space.


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text:
Lemoiz () is a town and municipality located in the province of Biscay, in the autonomous community of Basque Country, northern Spain. It has a population of about 1243.

It was chosen as the site of the Lemoniz Nuclear Power Plant, but the construction was left unfinished after ecologist opposition and ETA attacks.

References

External links

 LEMOIZ in the Bernardo Estornés Lasa - Auñamendi Encyclopedia (Euskomedia Fundazioa)
 Pictures from Armintza, a small fishing village located in Lemoiz

Municipalities in Biscay

redpajama_set_name: RedPajamaWikipedia


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The Tally Sheets and the Vote Switchers
By Paul Singer and Bryce Bauer
Posted July 6, 2007 at 5:13pm
Having voted to bring the immigration bill to final action on June 28, Sen. Sam Brownback (R-Kan.) watched his colleagues vote to kill the measure. Ultimately, he gave in and joined them, switching his vote from "yea" to "nay."
It was an unusual public reversal, but unusual only for being public.
Members of the Senate reverse themselves during votes hundreds of times a year, simply by gaining the attention of the recording clerk and asking that their vote be changed.
Some of the most prominent Senators are also among the most common vote switchers, including presidential candidates Joseph Biden (D-Del.) and John McCain (R-Ariz.), and Majority Leader Harry Reid (D-Nev.), who over the past five years has reversed his vote more frequently than anyone else in the Senate and more frequently than others who have held his leadership positions.
Most of these reversals have no impact on the outcome of the vote and appear to be simply a matter of confusion over which measure is on the floor at the moment, or whether the Senate is voting to pass a bill or to table it.
But some reversals are pivotal, and others indicate a clear decision by Senators to change position once the outcome of a vote has been determined.
For the most part, when a Senator switches his or her position during a vote, it is not a public affair. Only the final vote is recorded in the Congressional Record, and there is no database indicating the real-time progress of roll-call votes.
But the change is reflected on the tally sheets taken by the Senate clerk, who will scratch out the original vote and mark the change. Roll Call reviewed 1,481 tally sheets from the beginning of the 108th Congress through May 15, 2007, and built a database of every vote that was marked as a change on those tallies.
Every Senator who served during that time period switched their vote at least once, and the majority switched their votes between five and 15 times.
But some Senators far outpaced the average.
Biden and Sen. Max Baucus (D-Mont.) switched their votes 31 times, and Indiana Democratic Sen. Evan Bayh reversed himself 30 times. McCain led all Republicans with 28 reversals, followed closely by Sen. Mike Crapo (R-Idaho) with 26.
Reid led all Senators, reversing himself 38 times since January 2003. Reid's total is undoubtedly tied up with his leadership position because he frequently switches votes to oppose cloture motions and other leadership priorities when it is clear they will not succeed. The Senate Parliamentarian's office explained that on any legislation, a Senator voting with the prevailing side may offer a motion to reconsider the matter, but the tactic is most commonly used in cloture motions when the vote falls short of cutting off debate. Reid spokesman Jim Manley said he believes most of Reid's reversals can be accounted for by such strategic considerations.
Thomas Mann, a Congressional scholar at the Brookings Institution, agreed that in Reid's case, the reversals are "not a matter of indecision or of outside lobbyists getting to him during the vote, but almost entirely a matter of searching for some parliamentary advantage or doing something that will aid the Democratic Caucus."
But the preservation of parliamentary prerogatives doesn't explain all of Reid's votes. For instance, the Senator had nothing to gain in the first vote of 2006, when he voted for cloture on the Supreme Court nomination of Samuel Alito and then switched his vote to "nay." The motion carried by a final count of 72-25. Manley offered no explanation for this vote.
Reid also reverses himself more regularly than other Senators in leadership. During five Congressional sessions studied by Roll Call, Reid served as Minority Whip, Minority Leader and Majority Leader. The other Senators who have served in those positions during the same time period — Bill Frist (R-Tenn.), Tom Daschle (D-S.D.), Mitch McConnell (R-Ky.), Dick Durbin (D-Ill.) and Trent Lott (R-Miss.) — reversed themselves a total of 34 times, four fewer than Reid alone.
Senate observers say there are a broad array of reasons for Senators to switch their votes, and a raw tally of reversals doesn't tell much about the substance of the votes.
Senate Legislative Clerk David Tinsley, who is one of a handful of people who mark the official tally sheets, said very few of the reversals represent an actual change of position by a Senator; the lion's share are simply mistakes.
"Senators rarely vote from their seats," Tinsley said. "There is often some chaos when Senators are voting, they are all in the well, they are talking — Senators can easily be distracted" and may make a mistake in their vote. Also, Senate votes frequently are stacked one after the other, and the order of the votes may change at the last minute if an amendment is dropped or added or if a motion to table an amendment is raised. The change in order may create confusion as to what measure is being voted on at the present time, Tinsley said.
Indeed, the vote tallies show the most frequent reversals come on motions to table amendments or bills, where clearly the Senators who are reversing themselves (often en masse) believed they were voting for the underlying bill, not for the motion to set it aside.
Tinsley also said it is possible in very rare cases for the mark on the tally sheet to represent an error by the clerk.
But there also are clearly cases where the mark indicates a vote that switched for a political reason.
In February, 13 Democrats and Sen. Bernie Sanders (I-Vt.) voted against an amendment offered by Sen. Jim DeMint (R-S.C.) to prevent people convicted of terrorism or other felonies from getting access to secure areas of American seaports. But before the vote was over, they all switched to "yea." DeMint's office said Sen. Daniel Inouye (D-Hawaii) offered a less restrictive measure that was preferred by Democrats and labor unions, and when leadership made it clear that the Inouye version would replace the DeMint version in conference, Democrats switched to supporting the DeMint version because they knew it was irrelevant. The final vote in favor of DeMint's amendment was 94-2, but the measure was effectively dead.
Sometimes the motives are hard to determine. On March 22, Arkansas Democratic Sens. Blanche Lincoln and Mark Pryor both initially voted for a proposal by Sen. Mike Enzi (R-Wyo.) to amend the Senate budget resolution to make it harder to pass legislation that would create new burdens for small businesses. Before the voting was done, Pryor and Lincoln had both switched, and the measure failed by a two-vote margin, 47-49.
Enzi spokeswoman Elly Pickett said in an e-mail, "Senator Reid did hold open the vote for an extended period of time for those members to change their votes." The Senate's vote database indicates that the next vote began 21 minutes after the Enzi vote began, a bit longer than an average vote in the Senate.
Pryor's and Lincoln's offices both insisted the final vote reflected the Senators' original intentions. "I'm not sure what happened on the floor," said Lincoln spokeswoman Courtney Rowe. "But we recommended for her to vote 'no' and that is how she voted."
Pryor's office had a similar recollection. "The Senator's vote recommendation was always 'no'; he was always going to vote 'no,'" said Michael Teague, Pryor's communications director.
Bill Hoagland, who spent 21 years as staff director on the Senate Budget Committee before becoming senior adviser to then-Majority Leader Frist, said that with moderates such as Baucus and Bayh, it is not uncommon for a Member to differ with the party leadership on a particular vote. In those cases, the Member may switch to support the caucus if their vote is needed, or vote with the caucus originally and switch once the outcome is no longer in doubt. A Senate staffer who asked not to be named pointed out that this kind of tension may be most evident for Senators near the top of the alphabet, whose names are called before the outcome is clear.
Sen. Olympia Snowe (R-Maine) — also in the top 10 with 24 reversals since January 2003 — is a good example on the Republican side, Hoagland said. "She was always down there and Sen. Lott was particularly a friend of hers from their House days. She would cast the vote the way she wanted to vote, but if it made a difference for the outcome to the caucus, she was persuaded by Sen. Lott from his personal relationship — 'Please take this one for the caucus.'"
Every Senate office mentioned in this article was contacted seeking comment on its boss's record of reversals, and most were mystified that such a record even existed. None made its Senator available for comment on the matter.
But McCain spokeswoman Melissa Shuffield said the mid-vote reversals are meaningless. "The only vote that counts is the final vote, not the change of a vote within a very short period of time," Shuffield said, "and the Senator would be glad to defend any vote that he's taken."


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We pray that you, too, are discovering more about God's love each day.


नागरिकताबारे सहमति जुटाउन गठित संसदीय उपसमिति नै निस्क्रिय !
जो आफ्नो कमाईमा होइन नागरिक को पसीना मा रमाउनेहरुको लागी खुसीको खबर हो नै तर निम्न आय हुने वा निरपेक्ष वर्गहरुको लागी कौवालाई वेल पाक्यो हर्ष न बिस्माद !
होटल खोल्नु आफैमा नराम्रो हैन तर एउटा होटल को उद्धघाटन गर्न पनि प्रधानमन्त्री जाने कुराले दुखी बनायो। के हाम्रो देशको प्रधानमन्त्री यस्ति सस्तो हो?
This is very positive thing for us. It helps to explore and promote our Nepalese foods, culture and arts. This world class hotel will help to create not only jobs but also to full fill the need of world class tourists to stay longer time due various facilities. In addition that, it will help to success Visit Nepal Year 2020.
We must be happy with such welcome investments in tourism sector wherein the sponsors and the financial institutions have taken big risks. We must always encourage and support such invesments in the sector which has greater camparative advantage of the country. This, I am sure, will contribute to the much needed upscale hotels for the quality tourists in the country. This ultimately will contribute to the nation's development. However, the should concurrently think of how such ventures can remain sustainable. It is possible only of we build conducive environment helping influx of quality tourists. Governement must expedite improving tourism infrastructure including enhancing capacity of the International airport, roads, preservation of the geritage sites, drastic reduction in the environment pollution and maintaining law and prder situation. All the very best for the success of this venture.
Congratulations for completing this project. Best Wishes!!!
Nepal ko actress haru lai sutauna lagne naya akhada..
देशको पर्यटनलाई फाइदा हुन्छ लोक भाइ ! देश सोच भाइ देश !


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Welcome to the hydra-arts website!
hydra art workshops was co-founded in 2006 by ali graney and tom palin to provide a diversity of creative, visual arts-based workshops to a wide-ranging audience. Currently in a new phase involving a number of interdisciplinary artists, hydra-arts goes from strength to strength. For more information contact lead artist and co-ordinator:
tom palin (MA Art History, PGCert. Education) a Fine Art graduate with over twelve years experience as an award winning exhibiting artist and educator. He is currently an Associate Lecturer for Leeds College of Art & Design, as well as a freelance workshop leader for The Lowry in Salford Quays.
"It was one of the best times in my whole time in year 6"
"I enjoyed doing the work with the artist because we were painting lots of different parts of the body in funky, different ways"
"We learned how to work as a team, make figures out of stuff we would throw away, how to use modroc and paint"
View on-line gallery:
School	Residencies
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© Hydra Art Workshops 2006 - 9


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Great trout fishing in heart of Reno
Learning to read the Truckee's silvery rills pays off with great fishing close to home
Great trout fishing in heart of Reno Learning to read the Truckee's silvery rills pays off with great fishing close to home Check out this story on rgj.com: http://on.rgj.com/1m18deJ
Benjamin Spillman, bspillman@rgj.com Published 9:00 p.m. PT July 11, 2014 | Updated 11:22 a.m. PT July 11, 2014
Years of competitive fishing helped former Fly Fishing Team USA member Mike Sexton learn how to effectively read a river. Just a few casts into a spot Sexton pointed out on the Truckee River near downtown Reno yielded a nice-sized rainbow trout. (Photo: Benjamin Spillman/RGJ )Buy Photo
Truckee trout fishing in downtown Reno
Benjamin Spillman/RGJ
Former Fly Fishing Team USA member Mike Sexton, of Reno, holds a rainbow trout he netted for a companion fishing on the Truckee River near downtown Reno. Benjamin Spillman/RGJ
Mike Sexton looked a little out of place wearing hip waders, heavy boots and a vest full of fishing gear among the morning walkers and joggers at Idlewild Park near downtown Reno.
But it didn't take long for Sexton, 47, to find his element.
The former Team USA competitive fly fisherman and a companion, wearing used waders and boots borrowed from Reno Fly Shop owner Jim Litchfield, walked across professionally maintained grass, over a paved biking and jogging path, down a small embankment and into the Truckee River.
Sexton scanned the bank, ruled out one spot where someone was already fishing, and decided to wade out near the middle of the river, which is running low thanks in large part to an epic drought, to find a place to fish.
Using a fly called a Carotene, which he designed himself and is now manufactured by Umpqua, it took only a few casts for Sexton to land a small rainbow trout.
He handed off the rod and reel to a companion, with instructions to do the same thing. Just fling the end of the line into a seam where boulders were making a break in the low, fast current, he advised.
Within a few minutes, the inexperienced companion caught another small rainbow trout. And on and on it went.
Sexton waded up the river, locating a spot that looked promising, and within a few minutes, he or the companion either landed a fish or moved on.
"In competition fishing, you are fishing water that has been beat to death by guys," said Sexton, describing events in which teams of anglers spend days relentlessly fishing the same stretch of water. "You kind of get a feel for where those fish like to hide."
Wade. Spot. Cast. Fish. Repeat. Over the course of a few hours, the river produced several small rainbow trout, a larger rainbow about 15 to 17 inches and an even larger brown trout.
Not bad for a river many people in the heart of Reno could conceivably fish on their way to or from work.
"The Truckee is probably one of the better rivers I've ever fished; the quality is super-high," said Sexton, who spent more than a decade as a guide in Colorado, mainly around the headwaters of the San Juan, where he fished the Piedra and Animas rivers.
Now an employee at Reno Fly Shop, Sexton ranked the quality of the Truckee as similar to those, although not quite as good as the Animas.
Still, Sexton said when he moved to Reno in 2010, he was blown away by the quality of fishing, even in the middle of the city, and even more so, by how few people were fishing it.
That's changed somewhat in the years since as more people are viewing the Truckee as a quality fly-fishing destination. But it's still relatively lightly used, especially on weekdays, and very early in the morning. Big weekend crowds playing in the water, floating on tubes or kayaking tend to take over on hot-weather weekends.
While it's unrealistic for beginners to expect the same kind of success on the Truckee as Sexton, who has a lifetime of high-level fishing experience, he did have some tips that could increase the prospects of anyone fishing the river.
For starters, Sexton prefers a style of fishing sometimes referred to as "short line," "tight line," or "Czech nymph." Under this method, anglers wade into the water and get within 20 feet to 40 feet of the spot they want to fish.
Sexton looks for spots where strong current is broken up by a boulder, island or line of rocks. He likes the water to have some depth to it and avoids places where it looks dead, as in the water is pooled and not moving.
He said it is best to approach from downstream at about a 45-degree angle. With a short cast upstream, the angler drops the fly into the spot, holds up the rod tip and follows the fly as it moves underwater with the current and, hopefully, in front of the fish.
Sexton contrasts the style with what he refers to as "indicator fishing," when anglers use a bobber to sense a strike on the line and, often, are fishing from further away, meaning longer casts and more line.
With a tight line style and color lead on the line, Sexton said, it's easier to sense a fish because the angler not only sees the lead dip into the water but feels the fish immediately because there is no slack.
"You feel it and see it at the same time," he said. "You tend to react quicker when you have two senses working for you."
The challenge associated with the style is that it requires more wading to get close to the fishing spots. Instead of standing near shore, anglers need to wade through strong current and deeper water.
Sexton said he's "taken a few swims," but "if you don't mind getting wet, it's not a big deal."
The emphasis on wading through the river makes low water periods an ideal time for beginners to practice using the style. Once an angler becomes proficient, Sexton said it is simpler than techniques using more line and longer casts. And on rivers such as the Truckee, Sexton thinks it results in catching more fish.
"There is nothing on the water other than your flies," he said. "So, it is a pretty stealthy approach, even if you are close."
Read or Share this story: http://on.rgj.com/1m18deJ


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Owls Devastate HiToms with Extra Inning Triumph
Forest City Owls (8-8, 8-8) 2 0 1 0 0 0 0 4 1 5 13 13 3
High Point-Thomasville HiToms (6-10, 6-10) 1 0 3 3 0 0 0 0 1 0 8 9 1
2B: Jake Rucker; Carter Foster
HR: Elijah Henderson; Garrett Blaylock; Matthew Lumsden
2B: Angel Zarate; Danny Lynch
3B: Myles Christian
HR: Blayne Jones
After facing a 7-3 deficit heading into the 8th, the Forest City Owls (8-8) outscored High Point-Thomasville (6-10) 10-1 in the final three innings to defeat the HiToms 13-8 in an extra inning affair at Finch Field on Thursday night.
The Owls took the lead to begin the ballgame, as Matthew Lumsden's homerun in the opening inning scored Garrett Blaylock to give Forest City an early 2-0 advantage. High Point-Thomasville also put up a run in the first as Angel Zarate scored on a passed ball to make it 2-1.
Elijah Henderson struck next, leading off the top of the third with a solo homerun to left field to hit his first blast of the season. The HiToms responded by scoring three runs apiece in the third and fourth innings to take a commanding 7-3 lead.
The Owls waited until the eighth to draw even with the HiToms, collecting a trio of RBI singles from Jake Rucker, Carter Foster, and Kendall McGowan. Matt Harrison scored on a wild pitch in the ninth to give the Owls a 9-8 lead, but an RBI single from Blayne Jones tied the game up to force extra innings.
In the tenth Forest City pulled away, beginning the frame with an RBI double from Foster before Garrett Blaylock sent a towering shot to right-center for a grand slam, giving the Owls the deciding lead.
Zachary Taglieri picked up the win after losing a save opportunity in the ninth, which would have been the first save for an Owl this season. Will Lancaster took the loss for the HiToms.
Forest City returns to McNair Field tomorrow night to begin the first game of a home-and-home series with the Asheboro Copperheads, who currently
High Point-Thomasville will travel to Holly Springs tomorrow to take on the Salamanders.


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Home 2019 Elections Republicans Telling Republicans: "This Year, Nation Ahead of Party"
Republicans Telling Republicans: "This Year, Nation Ahead of Party"
Andy Schmookler
This is the second half of a piece of which the first half — "A 'Vote Democratic to Save Our Democracy' Tour (by Prominent, Lifelong Republicans" — introduced an idea that might help magnify the Blue Wave that America so urgently needs.
Part of the premise of the idea was that many Democratic candidates — whether rightly or wrongly — seem reluctant to campaign on the central political truth of these times– the Trump and Trump Party crisis. Another premise is that not doing everything possible to use this election campaign to get as many Americans as possible to see this truth is dangerously to squander a vital opportunity.
The idea I proposed to address that problem was this: to get some of the well-known conservatives who have recognized the threat to our constitutional order posed by their own GOP, and who have already publicly called for voters to put the Democrats in control of Congress, to go all out and conduct a "campaign" for this 2018 midterms to help achieve what they have declared is vital to achieve.
Such a group, wielding the right message, might be the most effective in targeting all those Republicans unhappy with what their party has become, and all those swing voters who might vote Republican, or not vote at all.
Here, as promised, is a fleshing out of that argument.
The United States is in a crisis in which the survival of its essence as a free society, "a nation of laws, not of men," is at stake. The threat comes from this lawless Republican President, and from the Republicans in Congress that have chosen to protect that president in violation of their oath of office.
The upcoming 2018 mid-term elections are of enormous importance. (Rosie O'Donnell was eloquent on television the other day saying that with this election "we will either save our democracy or we'll lose it.")
These elections represent a major battle in a wider political war between the defenders of the American constitutional order and a lawless force animated by greed and the lust for power and that is driving this nation toward the kind of corruption and authoritarianism America's founders sought to prevent.
To win this battle that may be as important as any of our history for the defense of basic American values, the immediate task is to move as large a portion of the American electorate as possible away from the Republicans and toward the Democrats.
Which means, I propose, getting as many Americans as possible to see this battle for what it is.
But, as I argued in the first part of this two-part piece, a lot of Democrats – for some reasons that may be sound, and for some reasons that have long been a source of Democratic weakness — don't want to focus their campaigns on the main story of this political moment.
They'd apparently rather leave it to the news media to activate the anti-Trump vote that has lifted up Democratic performance in so many recent special elections.
But that leaves a whole lot of voters who don't hear that news, and need some other source of persuasion to motivate them to repudiate the Republicans and turn to the Democrats. There are a great many Americans — besides those unreachable people in the right-wing trance state — who don't understand how helping the Blue Wave is what American patriotism requires at this extraordinary moment, when only one of our two major parties stands for our constitutional order and other basic American values.
Fortunately, there is a possible "other source of persuasion" that might reach those people: some very prominent, principled, lifelong Republicans see this crisis for what it is, and have called for Republicans to vote Democratic in this election. E.g.
• Steve Schmidt, who ran the campaign of Republican Presidential nominee John McCain says that, in view of "the threat posed by [the Republican Party," "the Democratic Party is called to be the sentinel of American democracy and liberty,"
• George Will – arguably Mr. Conservative among pundits for the past 40 years – says, in view of "the carnage of Republican misrule in Washington," voters must see to it that the Republicans are "reduced to minorities" in Congress.
• Two conservatives – Benjamin Wittes and Jonathan Rauch – call for voters to vote a "straight Democratic ticket," rejecting all Republicans because "the rule of law is a threshold value in American politics" and the Republican Party has disqualified itself by threatening that value.
• Jennifer Rubin, conservative columnist for the Washington Post, has repeatedly called out the Republicans in Congress for their utter dereliction of duty, and affirmed the need for Democrats to provide the necessary check on this President.
• Max Boot, one of Senator McCain's foreign policy advisors, declares himself in favor of "a Democratic takeover of both houses in November. Like postwar Germany and Japan, the Republican Party must first be destroyed before it can be rebuilt."
By virtue of their long-standing Republican loyalties, combined with what they understand about this crisis, these people could fulfill a most important role in the coming campaign season.
First, unlike Democrats who might paint the same picture of the threat from this Trump Party, their words would not be so easily dismissed as purely "partisan" rhetoric. Their calls for a Blue Wave will be more credible to voters outside the Democratic orbit.
Second, if they got the media attention for their message that I believe is achievable, those Democratic candidates who don't want to campaign in on this urgent crisis would be freed up to run on their "winning" issues without leaving untold the important political truth of this moment.
It could be a beneficial division of labor:
The Democrats get to focus on delivering good news, and to seem appealing. (Which is what the widely respected Charlie Cook says would serve the Democrats best.)
And while the Democratic candidates are the good guys offering a positive vision, the principled Republicans broadcast out the unsettling call to arms about our national crisis so that it reaches other principled Republicans, and everyone else who watches the local news.
How can these prominent, principled Republicans best help achieve the transfer of power from Republicans to Democrats that they themselves have said the nation needs?
There may well be a better answer to that question, but for what it's worth, here's how I envision the "campaign" that group could run:
1) They should form a "team" that tours the nation, delivering some kind of performance and executing a well-crafted media strategy.
2) This team need not consist only of these well-known conservative pundits and Republican experts. They can also choose to include others (maybe liberals like Bill Moyers, maybe military people like Barry McCaffrey, …) Whatever composition would yield the most effective performance and grab the most media attention.
3) The performance should be designed for most effective persuasion of the persuadable among those not yet persuaded that the nation needs for Democrats to win this November.
(Perhaps effective: conservatives should see voting for Democrats less as supporting a political party than as using the sole available instrument we Americans now have for preserving the America that our founders gave us.
(Possible format: each of them, in turn, telling the audience what they think the audience needs to hear, to see, to do. An hour to an hour-and-a-half in duration.)
4) The media strategy should be designed to get the most attention possible to the most effective message possible to reach as wide a swath of the target audience as possible. A big press conference at the launch of this "campaign"; each appearance in every venue around the nation designed to get on the local news.
5) It would be good for this campaign to have a catchy, punchy name that is in itself an effective message. I've come up with a few possibilities, but am sold on none of them:
"Vote Democratic to Save our Democracy"
"This Year, Nation Ahead of Party"
"The Patriotic Vote this Year is for a Blue Wave"
"Vote to Restore Checks and Balances"
Even if it were to be granted that this idea is potentially political dynamite, the question arises of what can be done so that those prominent Republicans who could make up that "team" will implement it?
Doubtless, many reading this will be skeptical about that possibility, and maybe that skepticism is warranted.
But on the other hand: if these prominent Republicans truly do believe what they've said — that their country is in great danger, and that electing Democrats this year is necessary to protect the essence of the America they love — and if were to see how they might actually play an important, even historic role in saving the nation by devoting a couple of months to doing what they more than anyone else can do— why would they not be willing? ("Now is the time for all good men….")
One immediate obstacle that must be overcome: getting this idea to the attention of those people.
I intend to do what I can, however limited that may be. If anyone reading this likes the idea and is in a position to help get this idea in front of the likes of Schmidt, Will, Rubin, etc., please do.
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