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Justia Dockets & Filings Eighth Circuit Nebraska District Court INGWERSEN v. PLANET GROUP INC et al Filing 183
INGWERSEN v. PLANET GROUP INC et al
MEMORANDUM AND ORDER - The Motions for Summary Judgment (Case No. 8:09CV249, Filing Nos. 61 , 158 ; Case No. 8:09CV263 Filing Nos. 62,159; and Case No. 8:10CV453,Filing No. 44 ) filed by David Ingwersen are granted. Plaintiff Planet Group Inc. 9;s Complaint in Case No. 8:09CV263 is dismissed, with prejudice. Plaintiff Planet Group Inc.'s Complaint in Case No. 8:10CV453 is dismissed,with prejudice. All other pending motions in Case No. 8:09CV263 and Case No. 8:10CV453 are denied as moot. A separate judgment will be entered. Member Cases: 8:09-cv-00249-LSC -FG3, 8:09-cv-00263-LSC -FG3, 8:10-cv-00453-LSC -FG3 Ordered by Judge Laurie Smith Camp. (TCL ) Modified on 4/21/2011 to correct links(TCL ).
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DAVID D. INGWERSEN, Plaintiff, v. PLANET GROUP, INC., and WEST PARTNERS, LLC, Defendants, _______________________________ PLANET GROUP, INC., Plaintiff, v. DAVID INGWERSEN, Defendant, _______________________________ PLANET GROUP, INC., Plaintiff, v. DAVID INGWERSEN, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:09CV249 MEMORANDUM AND ORDER CASE NO. 8:09CV263 CASE NO. 8:10CV453 This matter is before the Court on the Motions for Summary Judgment (Filing Nos. 61, 158)1, the Motion in Limine (Filing No. 118) and the Objection to the Exhibit List (Filing No. 120) filed by Plaintiff/Defendant David Ingwersen. 1 Also before the Court are the Unless otherwise noted, all references to docket filing numbers are to those in the lead case among these consolidated actions, Case No. 8:09CV249. Motions in Limine (Filing Nos. 109, 165) filed by Planet Group, Inc., and West Partners, LLC. For the reasons discussed below, the Motions for Summary Judgment will be granted, and Case No. 8:09CV263 and Case No. 8:10CV453, will be dismissed, with prejudice. Further, the Motions in Limine and Objections to Exhibits, to the extent applicable to Cases No. 09CV263 and No. 10CV453, will be denied as moot. BACKGROUND The Parties' Statements of Undisputed Facts, supporting evidence, and corresponding responses, show that the following facts are not in dispute. David D. Ingwersen ("Ingwersen") is a resident of Maricopa County, Arizona. Planet Group, Inc. ("Planet"), is a Nebraska corporation with its principal place of business in Omaha, Douglas County, Nebraska. Defendant West Partners, LLC ("West") is a California limited liability company, qualified to do business in Nebraska. Ingwersen and Planet entered into a Share Purchase Agreement ("SPA") dated November 28, 2007, with an effective date of "Closing" of January 1, 2009 (hereinafter, the "Closing"). Through the SPA, Planet generally acquired shares of stock and certain intellectual property of Opticard Payment Systems, Inc. ("Opticard"), which Planet wanted to use with Planet's existing technology. Ingwersen and Planet also entered into an employment agreement contemporaneous with the SPA (the "Employment Agreement").2 On April 20, 2009, Ingwersen was terminated by Planet. Upon termination, Planet tendered a severance agreement to Ingwersen that was never executed. On May 28, 2 Planet's alleged breaches of the Employment Agreement are the subject of Case No. 8:09CV249, and are analyzed in the forthcoming Memorandum and Order on Planet's Motion for Partial Summary Judgment (Filing No. 75) in that case. West's involvement is limited to that case. 2 2009, Planet notified Ingwersen that it was making an indemnification claim against him under Section 9.1(a) of the SPA as a result of alleged inaccuracy of representations and warranties regarding financial statements, accounts receivable, and customers. The notice stated: The purpose of this letter is to respond to Mr. Howard's May 21, 2009 letter and to provide formal notice from Planet Group, Inc. ("Buyer") to David Ingwersen ("Seller"), of Buyer's indemnification claims pursuant to Section 9 of the Share Purchase Agreement, dated as of November 28, 2007. ... Buyer is making a claim pursuant to Section 9.1(a) of the [SPA] as a result of the inaccuracy of the representations and warranties regarding the Company's financial statements, accounts receivable and customers set forth in Sections 3.6, 3.19 and 3.24 of the [SPA]. Buyer is also making a claim as a result of Seller's breach of the covenants contained in Section 5.5 of the [SPA]. (Filing No. 63-9 at 1.) The record is not clear as to whether Ingwersen was notified of any claimed breach of the SPA prior to May 28, 2009. Planet filed its Complaint in Case 8:09CV263 on July 15, 2009, in the District Court of Douglas County, Nebraska. Ingwersen timely removed Planet's Complaint under 28 U.S.C. §§ 1441(a) and 1446 to this Court on August 4, 2009. In its Complaint, Planet alleges breach of several representations and warranties under the SPA. Section 3 of the SPA lists the representations and warranties of Ingwersen under the SPA, and the introduction states as follows: Section 3. Representations and Warranties of the Seller [Ingwersen] hereby represents and warrants to [Planet] as follows, subject to the exceptions specifically disclosed in writing in the disclosure schedule (referencing the applicable paragraph and section of this [SPA]) suppled by [Ingwersen] to [Planet] on or prior to, and dated as of the date hereof (the "Seller Disclosure Schedule"). However, nothing in the Seller Disclosure 3 Schedule shall be deemed adequate to disclose an exception to a representation or warranty made herein, unless the Seller Disclosure Schedule identifies the exceptions with reasonable particularity and describes the relevant facts in reasonable detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made herein (unless the representation or warranty has to do with the existence of the document or other item itself). The Seller Disclosure Schedule will be arranged in paragraphs corresponding to the numbered (sub)sections contained in this Section 3. Disclosure made in a specific section shall not be deemed to have been disclosed with respect to any other section unless an explicit cross-reference appears. (Filing No. 63-4 at 6, 17-18, 19.) In Case No. 09CV263, Planet also claims that Ingwersen violated Section 5.5 of the SPA by causing Opticard to pay legal fees and accountants' fees arising from the SPA. Section 5.5 states: 5.5 Fees and Expenses. [Ingwersen] will pay all costs and expenses incurred by [Ingwersen] or [Opticard] in connection with the transactions contemplated by this [SPA] (including, without limitation, attorneys' and accountants' fees and expenses). [Planet] shall bear all such costs and expenses incurred by it in connection with the transactions contemplated by this [SPA]. The Complaint also lists claims for breach of duty of good faith and fair dealing, unjust enrichment, and promissory estoppel. The Complaint in Case No. 8:10CV453 is essentially identical, though it identifies different reasons for breach of the warranties and representations. It does not allege a violation of Section 5.5. The Complaint in 8:10CV453 was filed on December 8, 2010, in the District Court of Douglas County, Nebraska. Ingwersen timely removed that Complaint under 28 U.S.C. §§ 1441(a) and 1446 to this Court on December 13, 2010. Part of the basis for Ingwersen's Motions for Summary Judgment is that Planet's claims are barred by the SPA. Ingwersen argues that several of his obligations were subject to the satisfaction of Planet at or before Closing. Further, 4 Ingwersen asserts that Planet's claim for breach is not permitted by the indemnification section of the SPA. STANDARD OF REVIEW A court should grant a motion for summary judgment "if, after viewing the evidence and drawing all reasonable inferences in the light most favorable to the nonmovant, no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c); Fu. v. Owens, 622 F.3d 880, 882 (8th Cir. 2010) (citing Libel v. Adventure Lands of Am., Inc., 482 F.3d 1028, 1033 (8th Cir. 2007)). The proponent for a motion for summary judgment "'bears the initial responsibility of informing the district court of the basis for its motion," and must identify "those portions of [the record] . . . which it believes demonstrate the absence of a genuine issue of material fact.'" Torgersen v. City of Rochester, 605 F.3d 584, 594 (8th Cir. 2010) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). In response to the proponent's showing, the opponent has an "obligation to come forward with specific facts showing that there is a genuine issue for trial." Dahl v. Rice Cnty. Minn., 621 F.3d 740, 743 (8th Cir. 2010) (citing Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986)). "[T]he nonmoving party must 'do more than simply show that there is some metaphysical doubt as to the material facts.'" Conseco Life Ins. Co. v. Williams, 620 F.3d 902, 910 (8th Cir. 2010) (quoting Matsaushita Elec. Indus. Co., 475 U.S. at 586). "The construction of a contract is a matter of law." Misle v. HJA, 674 N.W.2d 257, 264 (Neb. 2004). Where issues involve contractual interpretation that can be resolved by 5 the terms of the parties' agreement, they are particularly appropriate for disposition by summary judgment. Id. DISCUSSION Ingwersen claims that cases 8:09CV263 and 8:10CV453 should be dismissed because Planet's claims for breach of representations and warranties did not survive the Closing of the SPA. Although the parties agree that the SPA is governed by Nebraska law, they have referred the Court to no Nebraska authority on the specific questions of construction before the Court, nor has this Court on its own initiative discovered any. Accordingly, the Court has considered persuasive authority from other jurisdictions in its effort to determine how the highest court of the state of Nebraska would construe the SPA. Ingwersen claims that the warranties and representations in the SPA are analogous to those in the Ninth Circuit case, Western Filter Corp. v. Argan, Inc., 540 F.3d 947 (9th Cir. 2008). The Ninth Circuit stated that warranties and representations are statements of fact at the time of execution of the agreement, and "the truthfulness of the representations and warranties as of both the date of execution and, when appropriate, the date of the closing is generally a condition to the closing." Id. at 952 (quoting Samuel C. Thompson, Jr., Business Planning for Mergers and Acquisitions 780 (Carolina Academic Press 2001) (1997)). The agreement analyzed by the Ninth Circuit contained the following condition to closing: The representations and warranties of [the warrantor] under this Agreement shall be true and correct in all material respects as of the date of the Closing with the same effect as though made on and as of the date of the Closing. Id. at 952 n. 6. 6 The court stated that the purpose of such clauses is to ensure that if "prior to closing, either the seller or buyer discovers that a representation or warranty made by the other party is not true, they have grounds for backing out of the deal." Id. The Ninth Circuit concluded that based on the language of the agreement in that case, the "closing date itself triggers the contractual limitation on liability." Id. The court determined that "[u]nless the parties agree to a survival clause – extending the representations and warranties past the closing date – the breaching party cannot be sued for damages post-closing for their later discovered breach."3 Id. Ingwersen contends that the parties expressly agreed in the SPA that representations and warranties were a condition of closing. Ingwersen also states that the 3 Planet argues that this statement was not part of the Ninth Circuit's decision but merely a recitation of one party's theory. This is inaccurate. The entire paragraph reads: The closing date itself triggers the contractual limitation on liability. Unless the parties agree to a survival clause – extending the representations and warranties past the closing date – the breaching party cannot be sued for damages post-closing for their later discovered breach. With that premise in mind, Argan reasonably argues that the one-year limitation in the Survival Clause was intended to serve as a contractual time limit on any action brought based on a breach of the contract's representations and warranties. Under Argan's theory, Western Filter could not bring a claim without the Survival Clause, and, even with the Survival Clause, Western Filter only had one year after closing to bring such a claim. Western Filter, 540 F.3d at 953. This language suggests that the closing date as the claims deadline for warranties and representations served as the premise to Argan's other theories, not that it was Argan's theory. The contract at issue in Western Filter contained an express survival clause. The SPA in this case does not. 7 clause analyzed in Western Filter is essentially identical to the clause at Section 7.3(a) in the SPA. That clause states: 7.3 Conditions to Obligations of the Buyer. The obligations of [Planet] to consummate the transactions contemplated hereby are further subject to the satisfaction (or waiver) at or prior to the Closing of the following conditions: (a) Representations and Warranties. The representations and warranties of [Ingwersen] contained in Section 3 of this [SPA] shall be true and correct in all respects at the date hereof and shall be true and correct in all respects as of the Closing Date as if made at and as of such time, excepts for (I) changes permitted or contemplated by this [SPA], (ii) representations and warranties which are as of a specific date and (iii) failures to comply with the foregoing condition that individually or in the aggregate would not have a Material Adverse Effect. (b) Performance of Obligations. [Ingwersen] shall have performed in all material respects its covenants and obligations under this [SPA] required to be performed by it at or prior to the Closing pursuant to the terms hereof[.] (Filing No. 63-4 at 36.) This language is clear that Ingwersen's representations and warranties were subject to Planet's satisfaction or waiver at or prior to the Closing. The parties have not identified a specific survival clause, and the structure of the SPA does not suggest that the parties intended one. Planet claims that although the parties did not include a survival clause, they also did not include a "no-survival clause." (Filing No. 167 at 11.) In other words, Planet claims that the construction of the SPA suggests that the parties intended that Planet's claims survive closing. Planet contends that this intent is evidenced by (1) the inclusion of indemnification provisions that apply to both first- and third-party claims; (2) the Claims Period provisions defining the period in which claims for breach of representations and warranties may be brought under the indemnification clause; (3) the provision stating that indemnification claims for inaccurate representations and warranties are unaffected 8 by Planet's due diligence; and (4) Ingwersen's reaffirmation and certification of his representations and warranties simultaneously at Closing. For the reasons discussed below, the Court reaches a different conclusion. That is, for the following reasons, each of these provisions suggests that Ingwersen's representations and warranties were a condition of Closing and that Ingwersen could not be sued for a later-discovered breach.4 1. Indemnification Provisions Planet first claims that because the SPA contained an indemnification provision, the parties intended that Planet's claims for breach of representation and warranties survived Closing. Ingwersen counters that the SPA only contemplated third-party indemnification claims. The Court concludes that the indemnification provisions do not provide for firstparty claims and that Planet has not stated claims that fall outside the indemnification provisions. a. Construction of the Indemnification Provision Planet's claims against Ingwersen are based on the indemnification provisions of the SPA at Section 9. The introduction to Section 9 states: Section 9. Indemnification. 9.1 Indemnification Obligations of the Seller. Except to the extent otherwise provided in this Section 9, [Ingwersen] shall indemnify, defend, and hold harmless [Planet] and its officers, directors, employees, and Affiliates, and each of the heirs, executors, successors, and assigns of any of the foregoing (collectively, the "Buyer Indemnified Parties") from, against, and in respect of any and all Losses5 arising out of or relating to: 4 5 Planet's claims are not based on any theory of fraud in the inducement. Loss or Losses is defined in Section 11.6(q), as: . . . any and all claims, liabilities, obligations, losses, costs, expenses, 9 (a) any breach or inaccuracy of any representation or warranty made by [Ingwersen] in this [SPA] or any certificate or document delivered pursuant to this [SPA]; or (b) any breach of any covenant, agreement, or undertaking made by [Ingwersen] in this [SPA]. In determining whether any Losses have occurred due to any breach of any representation or warranty of [Ingwersen] set forth in this [SPA], the terms "material," "Material Adverse Effect" and other express qualification based upon materiality shall be disregarded and given no effect. (Filing No. 63-4 at 39 (footnote added).) Planet construes this language as contemplating both first-party claims as well as third-party claims, meaning Ingwersen must indemnify losses suffered directly by Planet as well as losses claimed by third parties against Planet. Planet lists fourteen provisions in the SPA that could only be the basis of first-party claims and several other provisions in the SPA that give rise to both first- and third-party claims.6 Planet reasons that the language of Section 9.1(b) states that the obligation to indemnify arises from "any breach or inaccuracy of any representation or warranty made by [Ingwersen] in this [SPA] or any certificate or document delivered pursuant to this [SPA]." Thus, Planet argues, the word "any" literally encompasses any claim, including those by Planet. penalties, fines, judgments, and damages whenever arising or incurred (including, without limitation, amounts paid in settlement, costs of investigation, reasonable attorneys' and accountants' fees and expenses, removal costs, remediation costs, closure costs and expenses of investigation and ongoing monitoring) incurred. 6 Planet lists the provisions in footnotes, but does not offer an explanation as to how each provision would give rise to either a first-party claim or both first- and third-party claims. 10 In support of its interpretation, Planet cites BP Products North America, Inc. v. JV Indus. Co., No. H-07-2369, 2010 WL 1610114, at *1 (S.D. Tex. April 21, 2010). In BP Products, the court addressed the indemnity provision in a petroleum refinery contract and noted that "[g]enerally, an indemnity provision 'does not apply to claims between the parties to the agreement but obligates the indemnitor to protect the indemnitee against claims brought by third parties.'" Id. at *4 (quoting Kellog Brown & Root Intern., Inc. v. Altanmia Comm. Mktg. Co., W.L.L., No. H-07-2684, 2008 WL 5114962, at *20 (S.D. Tex. Dec. 3, 2008)). The court did state, however, that "indemnity agreements can be written to require the parties to 'indemnify each other against claims they later assert against each other.'" Id. (quoting Ganske v. Spence, 129 S.W.3d 701, 708 (Tex. App. -Waco 2004, no pet.)). The indemnity provision at issue stated: Contractor [J.V.] shall be solely responsible for all labor, materials, equipment and work until the Work is accepted by Company [BP]. Contractor shall reimburse [BP] for, defend, indemnify, and hold [BP] harmless from and against any and all liability, costs (including reimbursement of all attorney fees and other costs of defense), loss, damage, expense, claims . . . , suits, fines, and penalties on account of any and all bodily injuries or death to any persons . . . or damage to, or loss or destruction of any property (including without limitation, the Work and the property of [J.V. and BP] ) arising directly or indirectly out of or in connection with the performance of this Contract, whether caused or contributed to in whole or in part by the concurrent, joint, active, or passive negligent act or commission of [BP or J.V.], except that [J.V.] assumes no liability for the sole negligent acts of [BP]. [BP] reserves the right to retain sufficient funds to cover this obligation. Id. at *3. The court determined that this provision encompassed first-party claims because it specifically and expressly provided for indemnification for losses caused by property damage or destruction. The court reasoned that BP was "the most likely, and perhaps the 11 only, party to assert a claim for losses caused by damage to BP's property." Id. at *5. Thus, because the contract specifically mentioned the property of a party to the contract, its clear language permitted first-party claims. The language in the SPA does not specifically provide for indemnification of claims arising from damage to Planet's property, nor does it include any indication that the parties meant to encompass more than third-party claims. "Indemnity agreements are construed strictly against the party seeking indemnification." Angelo Iafrate Const., LLC v. Potaschick Const., Inc., 370 F.3d 715, 721 (8th Cir. 2004). Further, "the intent of the indemnitor's obligation to indemnify against [the losses] must be expressed in clear and unequivocal terms and to such an extent that no other meaning can be ascribed." Id. (citation omitted) (emphasis added). The language of the SPA does not clearly allow first-party claims, and is similar to agreements that courts have determined to preclude first-party indemnification claims. For example, the indemnification provision analyzed in Travelers Indemnity Co. v. Dammann & Co., Inc., 594 F.3d 238, 254 (3d Cir. 2010), stated: Seller agrees to defend, indemnify and hold harmless Buyer from all claims, actions, losses, damages and expenses resulting from any injury to persons, damage to property or action by any regulatory agency, arising out of or in any way associated with the design, installation, and/or operation of any production formulation, packaging, or support equipment (including equipment owned by Seller, Buyer or Third Parties), used in the production, processing or handling of the product(s) sold hereunder and all raw materials used in the production[.] The Third Circuit in Travelers Indemnity stated that it was required to avoid any interpretation of the contract that would render any words meaningless. Id. at 255; cf. Davenport Ltd. P'ship v. 75th & Dodge I, L.P., 780 N.W.2d 416, 427 (Neb. 2010) ("A contract is viewed as a whole in order to construe it . . . and all writings forming part of the 12 same transaction are interpreted together"). Specifically, the court was required to "interpret the word 'indemnify' in relation to the words 'defend' and 'hold harmless.'" Id. The Third Circuit concluded that the clause was a requirement that third-party liability exist to trigger the indemnification clause. Id. The court reasoned that the seller in the contract couldn't defend the buyer from itself, nor could it hold the buyer harmless for the buyer's own wrong. Consequently, the seller could not indemnify the buyer for the buyer's own loss. Id. The wording of the indemnification provision in Travelers Indemnity is similar to Section 9.1 of the SPA. The applicable language states "[Ingwersen] shall indemnify, defend, and hold harmless [Planet] and its officers, directors, employees, and Affiliates, and each of the heirs, executors, successors, and assigns . . . ." Regardless of the losses that Ingwersen must indemnify, the Court must read the provision in light of the other terms and interpret the word "indemnify" with the words "defend" and "hold harmless." Just as the Third Circuit concluded in Travelers Indemnity, Section 9.1 cannot be read to require Ingwersen to defend Planet against itself, or hold Planet harmless for Ingwersen's wrongdoing against itself. Any interpretation of Section 9.1 that requires Ingwersen to indemnify Planet for Planet's own loss renders the terms "defend" and "hold harmless" meaningless. Planet further argues that in addition to its terms, the structure of the SPA suggests that first- as well as third-party claims are allowed. Planet argues that Section 9.3 sets forth the third-party claims procedures because such claims are much more complicated than first-party claims. Section 9.3 specifically requires "notice by a third party of any claim or the commencement of any action or proceeding with respect to which such Indemnified 13 Party may be entitled to receive payment from the other party for any Losses . . . such Indemnified Party shall promptly notify [Planet] or [Ingwersen] of such claim. . . ." Section 9.3 does not mention any procedure for first-party indemnification claims. Instead, Planet argues, first-party claims procedures are governed by Section 11.1 which described the manner in which "notices" should be made between the parties. This construction does not present a clear indication that the SPA allows first-party indemnification claims. To the contrary, the structure indicates that the parties intended Section 9 to encompass thirdparty claims only, because the notice provision specifically refers to third-parties. Section 9 does not reference Section 11.1, and there is no direct indication that the notice provisions in Section 11.1 directly apply to first-party indemnification claims. As noted above, the SPA must be construed against the party seeking indemnification, and the obligation to indemnify must be clear and unequivocal such that "no other meaning can be ascribed." Angelo Iafrate, 370 F.3d at 721. As the party seeking indemnification, Planet has not shown clear language permitting first-party claims under Section 9.7 As such, Planet has no direct indemnification claim against Ingwersen. b. Exclusivity Provision The interpretation of the indemnification provision is crucial to this case because Section 9 includes an exclusivity provision that states: 9.7 Exclusive Remedy. Except (a) as provided in Section 10, (b) for breach of any representation, warranty, or covenant as a result of any matter constituting fraud under applicable Law, (c) remedies available under the Seller Ancillary Agreements, the Buyer Ancillary Agreements and the Confidentiality Provisions, (d) enforcement of the Right of First Refusal and the maintenance of the legend on the certificates representing the Buyer's 7 Nor has Planet presented any of its allegations as losses to indemnify a third-party. 14 Stock, following the Closing, the indemnification provisions of this Section 9 shall be the exclusive remedy of the parties hereto against any other party with respect to matters arising under or in connection with this [SPA] and the transactions contemplated hereby. (Filing No. 63-4 at 42.) The language is clear that, but for the listed exceptions, the parties intended that, after Closing, Section 9 was the exclusive remedy of the parties for matters arising under, or in connection with the SPA. Planet argues that Section 9.7 should be interpreted to mean that if a claim does not fall within the exceptions listed, it is subject to the Claims Period of Section 9.4 and the Threshold and Cap Amounts of Section 9.5. However, none of those sections can be interpreted in that manner. Section 9.7 states that "the indemnification provisions of this Section 9 shall be the exclusive remedy of the parties hereto." (Filing No. 63-4 at 42 (emphasis added).) Section 9.4 states that the claims period "shall be the period during which a claim for indemnification may be asserted under this Section 9 by an Indemnified Party." (Filing No. 63-4 at 42 (emphasis added).) Similarly, Section 9.5 describes the threshold and cap in terms of all indemnification claims under Section 9. These sections do not bifurcate indemnification claims in the manner Planet describes. In other words, the SPA is clear that unless a claim falls within the exceptions listed in Section 9.7, indemnification under Section 9 is the exclusive remedy among the parties after Closing. Planet also argues that even if Section 9 does not apply to first-party claims, its claims fall within the fraud exception of Section 9.7. In its Complaints in Case No. 8:09CV263 and Case No. 8:10CV453, Planet alleged that Ingwersen knew the representations and warranties were incorrect and inaccurate, or Ingwersen recklessly 15 made the representations and warranties without knowing whether they were correct. (Case No. 8:09CV263, Complaint, Filing No. 1 ¶ 18; Case No. 8:10CV453, Complaint, Filing No. 1 ¶ 20.) This common allegation appears under Planet's claims for breach of duty of good faith and fair dealing, and in any case, is insufficient to allege fraud under Federal Rule of Civil Procedure 9(b). The Eighth Circuit has stated that "[c]onclusory allegations that a defendant's conduct was fraudulent and deceptive are not sufficient to satisfy the [Rule 9(b)]." BJC Health Sys. v. Columbia Cas. Co. 478 F.3d 908, 917 (8th Cir. 2007). Planet asserts Ingwersen's "knowledge" and "recklessness," but Planet's allegations are insufficient to support a claim based on fraud. It is also noteworthy that Planet's original notice to Ingwersen did not make any claim based on fraud. In Planet's notice to Ingwersen on May 28, 2009, Planet stated that its purpose was to provide formal notice of Planet's claims against Ingwersen under Section 9 of the SPA. (Filing No. 63-9 at 1.) The notice made no reference to fraud, or any claims falling outside the indemnification provisions. In fact, the notice stated that Planet was "making a claim pursuant to Section 9.1(a) of the [SPA] as a result of the inaccuracy of the representations and warranties regarding [Opticard's] financial statements, accounts receivable, and customers set forth in Sections 3.6, 3.19 and 3.24 of the [SPA]." (Id. (emphasis added)) Ingwersen was not put on notice of any claim for fraud or fraud in the inducement. To construe Planet's claims as such would alter the entire posture of the litigation. Because Planet has not alleged fraud, its claims do not fall within the exceptions to Section 9.7. 16 2. The SPA Claims Period Planet contends that its claims for indemnification survive under Section 9.4 of the SPA defining the claims period for indemnification: 9.4 Claims Period. For purpose of this Section 9, a 'Claims Period' shall be the period during which a claim for indemnification may be asserted under this Section 9 by an Indemnified Party, which period shall begin on the Closing Date and terminate on the third (3rd) anniversary of the Closing Date .... (Filing No. 63-4 at 41.) Planet contends that it and Ingwersen contemplated the possibility of claims between each other for a specified time following the Closing Date. However, because the Court determines that Section 9.1 cannot be read to apply to first-party claims, Section 9.4 cannot be read to specify a claims period for first-party claims. 3. Requirement Under the SPA that Representations and Warranties are Unaffected by Planet's Due Diligence Planet also argues that the SPA puts the burden on Ingwersen to demonstrate the accuracy of his representations and warranties, regardless of Planet's due diligence. Specifically, Planet claims that the wording of Section 9.6(e) establishes the parties' intent to preserve first-party indemnification claims. Section 9.6(e) states: Notwithstanding anything to the contrary in this Section 9.6, no examination, inspection or audit of the Properties, financial conditions or other matters of [Opticard] and the businesses conducted by [Planet] in connection with this [SPA] shall in any way limit, affect or impair the ability of [Planet] to rely on the representations, warranties, covenants and obligations of [Opticard] set forth herein in order to be identified by [Opticard] set forth herein in order to be identified by [Opticard] for any breach hereof. (Filing No. 63-4 at 42.) 17 Section 9.6(e) does not provide any additional clear and unequivocal language suggesting that Section 9 permits first-party indemnification claims. While Section 9.6(e) does not limit Planet's ability to rely on Ingwersen's representations and warranties, Planet has not shown that this language overcomes other language in Section 9 that limits indemnification claims to those resulting from claims by third-parties. In contrast, Section 7.3(h) of the SPA states: Due Diligence. [Planet] shall be satisfied, in its sole discretion, with its financial, legal and business review of [Opticard] and [Ingwersen]. (Filing No. 63-4 at 37.) This clause was subject to Planet's satisfaction and waiver, as were Ingwersen's representations and warranties. Thus, if Planet's due diligence created any dissatisfaction with the state of Ingwersen's representations and warranties, Planet could terminate the contract with cause before Closing. Planet's interpretation would render Section 7.3(h) meaningless if the parties did not intend that 9.6(e) apply solely to third-party claims. If Planet were allowed to recover from Ingwersen based on its own first-party claims after Closing, despite its due diligence, there would be no reason to include a due diligence requirement under Section 7.3(h) that is "subject to [Planet's] satisfaction (or waiver) at or prior to the Closing." (Filing No. 63-4 at 36.) Accordingly, Planet has not shown that Section 9.6(e) manifests a clear intent to allow first-party claims. 4. Ingwersen's Closing Certificate Planet also contends that Ingwersen was required to reaffirm all representations and warranties simultaneously with Closing by means of Ingwersen's Closing Certificate, and to interpret the SPA to preclude first-party indemnification claims after closing would render 18 the requirement of the Closing Certificate meaningless. In making this argument, Planet argues that Ingwersen's reliance on the Ninth Circuit's decision in Western Filter is misplaced, and that survival of claims may be inferred from the parties' intent. Regardless of whether survival-of-claims must be specified in a contract, Planet's theory is premised on an interpretation of Section 9 that allows both first- and third-party claims. Planet states that "[i]n this case, the [SPA] contains an indemnification provision and expressly defines the scope of the indemnification to include all first and third party representations and warranties in the [SPA]. Thus, Ingwersen's representations and warranties survived closing." (Filing No. 167 at 23.) However, Planet has not established that the SPA embraces first-party claims in its indemnification clause. Thus, the Court cannot infer survival-of-claims based on the grounds suggested by Planet. 5. Survival-of-Claims Conclusion "When the terms of the contract are clear, a court may not resort to rules of construction" and the court must give the terms of a contract "their plain and ordinary meaning as the ordinary or reasonable person would understand them." Deprez v. Continental W. Ins. Co., 584 N.W.2d 805, 808 (Neb. 1998). Planet argues that the language of the SPA suggests that the parties intended claims to survive Closing and for Section 9 to apply to first-party claims. To the contrary, the SPA includes several provisions indicating that Ingwersen's representations and warranties were subject to Planet's satisfaction at or before Closing. Further, Section 9 lacks any clear language that it was intended to cover first-party indemnification claims 19 after Closing. Therefore, Planet's post-Closing claims against Ingwersen for breach of the SPA are barred by its terms. 6. Planet's Claims for Promissory Estoppel, Unjust Enrichment, and Breach of the Duty of Good Faith Planet argues that even if its claims for breach did not survive Closing, its alternative theories of unjust enrichment, breach of implied covenant of good faith and fair dealing, and promissory estoppel exist independent of its claims of breach. Planet argues that Ingwersen was unjustly enriched because he received and retained money from Planet despite breaching numerous warranties and representations in the SPA. (Filing No. 167 at 26.) Planet also claims that Ingwersen breached the covenant of fair dealing through his false and incorrect representations and warranties. (Id. at 27.) Both of these claims are, as described in Section 9.7 of the SPA, matters "arising under or in connection with [the SPA] and the transactions contemplated thereby." (Filing No. 63-4 at 42.) As stated in detail above, the indemnification provisions are the exclusive remedy for such claims. Accordingly, for the reasons already discussed, these claims must also be dismissed. Planet states that if the Court finds that Ingwersen breached a valid contract, it will no longer pursue its promissory estoppel claims. The Court concludes that the SPA is a valid contract as it includes all the necessary elements of a contract. Planet has not argued that the contract is invalid. Because the SPA is a valid contract, Planet's causes of action are limited to those under the SPA, and its claim based on promissory estoppel likewise will be dismissed. 20 CONCLUSION Because the SPA lacks a survival clause and lacks clear language that its indemnification provisions encompass first-party claims, Planet's claims for breach of the SPA in Case No. 8:09CV263 and Case No. 8:10CV453 are barred by its terms. The remaining claims in each of those cases are similarly barred because they arise under, or in connection with, the SPA. Accordingly, IT IS ORDERED: 1. The Motions for Summary Judgment (Case No. 8:09CV249, Filing Nos. 61, 158; Case No. 8:09CV263 Filing Nos. 62,159; and Case No. 8:10CV453, Filing No. 44 ) filed by David Ingwersen are granted; 2. Plaintiff Planet Group Inc.'s Complaint in Case No. 8:09CV263 is dismissed, with prejudice; 3. Plaintiff Planet Group Inc.'s Complaint in Case No. 8:10CV453 is dismissed, with prejudice; 4. All other pending motions in Case No. 8:09CV263 and Case No. 8:10CV453 are denied as moot; and 5. A separate judgment will be entered. DATED this 21st day of April, 2011. BY THE COURT: s/Laurie Smith Camp United States District Judge 21


Wigle distillery located in Pittsburgh Pennsylvania takes its name from one of America's earliest champions of domestic whiskey production, Phillip Wigle, credited with participating in the famous Whiskey Rebellion of 1791. It's common to hear of American Whiskey and immediately think of southern Bourbon, but we really owe our debt of gratitude to the German and Irish immigrants of Pennsylvania who distilled so much rye at the time it was considered a secondary form of currency. America's first excise tax was on domestic distilled spirits (thanks to the secretary of treasury at the time, Alexander Hamilton) to repay debts accrued during the Revolutionary War. The whiskey tax caused such an uproar and protests from spirits producers that it was sparked the first time in history that a president (well, it actually was THE first president, George Washington) unleashed a militia on his own people. Battle lines had long been drawn but as citizens didn't exactly carry driver's licenses back then, many of those accused of being on the side of the insurrection were able to evade capture and disappear into the expanding west. Our young hero Wigle however was convicted of treason and sent to the gallows. (Did you know beating up a tax collector counts as treason?). Later pardoned, Wigle's memory stands as a reminder of the power of the laboring class and a signifier of just how much American's value their hooch (and/or hate taxes).
The reason why an introduction to Wigle requires this Cliffs Notes recap of the Whiskey Rebellion is because everything about what happens at their distillery is deeply embedded in local history as well as an investment in the community's future. Owned by Alex and Meredith Grelli, but operated by a huge team of fascinating characters all with their own unique talents and contributions. While the flagship is and likely will always be Mononghahela Rye, grown in the valley of the eponymous river flowing through Pittsburg, they also distill from wheat, barley and corn, creating a bevy of whiskeys, brandies, gins and very soon, ciders. All ingredients are sourced locally, working closely with farmers to propagate nearly forgotten heirloom grains such as Wapsie Valley corn with giant ruby-red kernels almost prohibitively expensive to grown on a large scale. Again, everything is sourced locally and responsibly not because it's trendy because they've always believed it was the right thing to do. They partner with local businesses, brewers and generally just their audience in Pittsburg, being ever open-minded to public reception of their products.
A wise alien once said "there is no try, only do." Well to cover all bases Wigle does a lot and they certainly try everything too; no idea is too out there to experiment and any failure is always seen as a falling up not a falling down. Currently they are building a new cidery called Threadbare and themed after Johnny Appleseed. I don't know if Meredith Grelli was a history teacher in a past life but she certainly comports herself as such—ask her anything. Threadbare will be fermenting and serving on-site multiple styles of cider from local cider apples to a town that is literally overrun with breweries so this again is just the right side step out of the norm. And even more so, the cidery is being built on the "wrong side of the tracks" so to speak as Meredith is working directly with the city to have the surrounding abandoned and condemned buildings and lots cleared out by the city so new fresh talent can move in and contribute to the regeneration of this forgotten corner of such a historic city. With roughly twenty products available year round, it's not hard to find something from Wigle you can enjoy, and it's absolutely impossible not to enjoy the company of Alex and Meredith who somehow take nothing and everything seriously at the same time. Plenty of city's could benefit from their ingenuity and generosity.


Keolis already operates light rail services in Aarhus.
DENMARK: Odense Letbane has selected Keolis as preferred bidder to operate and maintain the light rail line due to open in the city in 2020.
The 15-year contract to be signed by the Keolis Odense Letbane subsidiary is expected to generate cumulative revenue of €230m.
The 14·5 km north-south route will serve 26 stops between Tarup and Hjallese, offering an end-to-end journey time of 42 min. Services will be operated with a fleet of 16 Stadler trams and ridership is forecast at 12 million passengers a year.


The Exton, Pennsylvania-based West Pharmaceutical Services, Inc. (WST) company belongs to the Basic Industries sector as per the industrial classification standards, and is categorized as a Specialty Chemicals speciality business. The shares of West Pharmaceutical trade on the NYSE stock exchange. West Pharmaceutical Services, Inc., incorporated on July 27, 1923, is a manufacturer of packaging components and delivery systems for injectable drugs and healthcare products. The Companys products include vial containment ... See detailed Company Profile of West Pharmaceutical.
As of writing, West Pharmaceutical has the following records of the dividends it has paid out in the recent past.
It is possible that the stock West Pharmaceutical Services, Inc. may have paid more dividends in recent times or earlier. FKnol maintains a limited set of data records for such financial information, and may have ommitted or missed certain details. Readers are advised to verify the precise dividend payment details on company's official press releases.
... See Full List of All Dividend Paying Stocks of Specialty Chemicals Sector.


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Euphorbia bupleurifolia ist eine Pflanzenart aus der Gattung Wolfsmilch (Euphorbia) in der Familie der Wolfsmilchgewächse (Euphorbiaceae).

Beschreibung
Die sukkulente Euphorbia bupleurifolia bildet starke ausdauernde Pflanzen aus. Der kugelige oder zylindrische Körper wird 4 bis 20 Zentimeter hoch  und 4 bis 7 Zentimeter dick. Er verzweigt sich nur selten und ist mit hervorstehenden, rötlich braunen Warzen besetzt, die bis 3 Millimeter groß werden. Die Warzen sind in spiralförmigen Reihen am Körper angeordnet. Die lanzettlichen, nicht sukkulenten Blätter stehen dicht beieinander an der Triebspitze und werden bis 7 Zentimeter lang und 2 Zentimeter breit.

Der Blütenstand besteht aus einzelnen Cymen, die an 1 bis 5 Zentimeter langen Stielen stehen. Die breit eiförmigen Tragblätter werden bis 1 Zentimeter lang und 2 Zentimeter breit. Sie stehen becherartig um die Cyathien und sind grün und später rötlich gefärbt. Die behaarten Cyathien erreichen 7 Millimeter im Durchmesser. Die länglichen Nektardrüsen besitzen zwei Lippen und sind an den Rändern glatt oder sehr klein gekerbt. Die stumpf gelappte Frucht ist nahezu sitzend und erreicht 9 Millimeter im Durchmesser. Sie enthält die 4 Millimeter großen eiförmigen Samen, die eine glatte Oberfläche besitzen.

Verbreitung und Systematik
Euphorbia bupleurifolia ist in den südafrikanischen Provinzen Ostkap und KwaZulu-Natal verbreitet.

Die Erstbeschreibung der Art erfolgte 1797 durch Nikolaus Joseph von Jacquin. Synonyme zur Art sind Tithymalus bupleurifolius  (1812) und Euphorbia proteifolia  (1862).

Quellen

Einzelnachweise

Weblinks

 Informationen und Fotos zur Art bei euphorbia.de
 Fotos der Art an Naturstandorten bei senckenberg.de

Wolfsmilch
bupleurifolia

redpajama_set_name: RedPajamaWikipedia


After over four weeks, I'd say I'm starting to get the hang of this whole intern thing! I've already learned so much from being a marketing and social media content intern for several large shoe brands and I truly couldn't love it more. The experience is so valuable and I really enjoy getting to talk to so many people both college age and older. With the knowledge I've gained and continue to gain every day, I thought I would put together a guide for being the best intern you can be. Check out my tips below!
As a college student interning for a company, you're bound to make a mistake or two. Interning is a learning experience, and you're not expected to be perfect! You're there to learn the tricks of the trade and the ins and outs of the work world, and sometimes making little mistakes is the best way to gain more experience. Apologize for what you did wrong, be polite and go back to fix where you went wrong.
Whether it's getting in a little earlier and staying a little later or asking your boss if there's anything else you could do, show how motivated you are to do your best. Don't forget to always be polite in emails, conversation, etc!
On the first day of my internship, I wasn't sure what the dress code was like in the office. The company I'm working for is more casual than I expected, but I still aim to look put together and professional every day. You'll really show how much you care by dressing up a little more. As they say, dress for the job you want, not the job you have!
It's easy to just leave for lunch or keep quiet the whole day, but if you have the chance to, really try to get to know the people around the office and what they do. I'm super lucky that I really like the other interns I work with, and we've gotten to know each other pretty well in a short amount of time. Besides other interns, though, I've loved meeting other people in the marketing department and beyond. It's so fun to hear people's experiences and what they get to do every day!
Above all: have fun! Take your work seriously but remember that this could be the start of the rest of your life - have fun with it!
What tips do you have for being a great intern?


It won't come as a surprise to bikers: the leading cause of motorcycle accidents is the drivers of passenger vehicles. In fact, according to numerous government and independent reports, as many as two-thirds of all motorcycle accidents occur when the driver of a car fails to yield the right of way and crosses blindly into a biker's lane.
Despite the ample documentation showing that most motorcycle accidents are the result of other drivers, the cultural bias against bikers will work against you following an accident. The only way to ensure you are treated fairly is with the assistance of an experienced Virginia Beach motorcycle accident attorney.
The motorcycle accident attorneys at Cooper Hurley know exactly what needs to be done to protect bikers and obtain large settlements for the injuries sustained in these accidents. We will conduct a thorough investigation into your motorcycle accident, identify the negligent party, and fight tooth and nail for the justice you deserve.
Don't let insurance companies cheat you out of the settlement you deserve. We are prepared to take your case, stand up for your rights, and fight to get you maximum compensation.
If you have been injured in a motorcycle accident in the Norfolk, Virginia Beach, Chesapeake, Suffolk, Portsmouth, Hampton, or Newport News area of Virginia, please contact Cooper Hurley Injury Lawyers to schedule a free case evaluation today.


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Computer tutorials How to properly create a Website? Learn to master Wordpress Increase your visibility (SEO) Our web hosting services
Search the database for a subject of technological news, tutorials or article.
Scott Snyder describes his new company best jackett press as a new phase in my career
Although Scott Snyder has been releasing creator-owned projects on and off for the past 10years, Snyder tells Newsarama that This week 's Nocternal announcement 'officially ' launches "a new phase of my career " focusing almost exclusively on creator-owned projects.
And it goes under the company name Best Jackett Press.
(Image credit: Emma Price (Best Jackett Press))
"Best Jackett is something something I've been working on (and teasing) for a few years now, "Snyder tells Newsarama. " And I wanted to formalize it now because I finally have enough books in production to justify the label. And on a personal level, I wanted to do it because I'm entering a new phase of my career, and making it official feels like ... making it official. "
So how many books are in production? The ongoing Undiscovered Country series launched in 2019 and Nocternal will officially debut in early 2021. A ThreeWytches with Jock's th volume has been teased, as have standalone projects with Francesco Francavilla, Becky Cloonan, Greg Capullo and Francis Manapul.
"Don't get me wrong, I still have some big projects for DC coming up that I'm excited about, but [Nocternal] really marks my return to creator ownership in a more dedicated way. , "the editor continues.
(Image credit: Tony S. Daniel / Tomeu Morey (Best Jackett Press))
That's done echoing what Snyder told Newsarama earlier this year.
"I'm not quitting superheroes, but I have to start working on my own stuff, " Snyder told Newsarama in July . "I still do stuff in DC, but certainly not as much. I want to give other people a chance with the big DC stuff. And to be completely frank, there are a lot of things I want to do outside of superhero comics. "
Best Jackett Press will host all future work owned by the creators of Snyder, which may include other versions in addition to the bcomic andes. According to Snyder, "at least for now " Best Jackett will be "brand new books " and will not include previous creator-owned projects like Severed , AD: After Death and its anthology of prose novels Voodoo Heart .
How To Watch Walker Online: Stream Walker's New Reboot, Texas Ranger From Anywhere
2021-01-22 01:14:59 | New
Cordell Walker is back! The CW's 2021 reboot of the popular '90s show Walker, Texas Ranger gives us a modern reinvention of the role previously played by the Chuck Norris memes machine. Read on to find out how to watch Walker online, and stream each new episode, including some for free. Watch Walker...
A new Resident Evil 8 demo on PS5 is available now
The Resident Evil series, known for its surprises, grabbed the attention of gamers with a new PS5 demo that became available during the Target Resident Evil Village showcase that gave us our first look at RE8 gameplay. The demo, Capcom says, won't have much to fight or block, but instead introduces ...
Best printer for Mac of 2021: the best printers for your Apple device
Editor's Note: Looking for a copier or copier for your business? If you're looking for information to help you choose the right one for you, use the questionnaire below to have our partner site, BuyerZone, provide you with information on a variety of vendors for free: Welcome to our pick of the best...
If you are looking for the best portable printers you can buy, you have come to the right place. On this page, you will find amazing compact printers that can be easily carried with you, wherever you are. As the best portable printers prove, you can banish the idea that printers have to be big, bulk...
Best Buy PS5 restock now sold out
Update: both main console https and the Digital Edition are now sold out. PS5 restockings have hit Best Buy, and you'll find the PS5 Digital Edition up for grabs at $ 399.99 and the standard model f or $ 499.99. The console is available for removal only and can be ready in an hour. The PS5 comes wit...
Microsoft Edge supports native themes to rearrange the look of your browser
Microsoft today announced that it is adding native theme support to Microsoft Edge browser. Although themes have been available for some time on the Chrome Web Store, this new update significantly simplifies the process of refreshing the appearance of the Chrome-based browser. Using Microsoft Edge, ...
Fans of Peep Show, That Mitchell and Webb Look and the increasingly frequent and spectacular meltdowns rejoice - the new sitcom from David Mitchell and Robert Webb is back on our screens for a second series. Read on as we explain how to watch Back season 2 online and stream the comedy today. It's 10...
Sony Alpha camera event announced, could it be the Sony A9 III?
Sony has released a YouTube teaser for a new Alpha camera, with rumors claiming it could be the announcement of the Sony A9 III. The teaser says the event will go live on January 26 at 10:00 a. m. EST / 3:00 p. m. GMT, which equals 2:00 a. m. AEST for Australian Alpha fans. The only clue provided by...
Monte Carlo Rally Live 2021: How To Watch Every WRC Stage Online Anywhere
The 2021 World Rally Championship kicks in with the 110th Monte-Carlo Rally, a legendary event that every rally driver aspires to have on their CV. Follow our guide as we walk you through where to find a live stream of the Monte-Carlo Rally and watch all the key racing moments online from anywhere i...
How to Watch RuPaul's Drag Race UK Season 2 Online: Stream for Free and from Anywhere
More, more, more! The UK iteration of the Drag Race phenomenon is back and bigger than ever. Twelve new contestants will face off on the main stage - sashaying, slaughtering and lip-syncing for a lifetime - with the hopes of being crowned the next drag superstar in the UK. Which fierce queen will re...
Best Phone in USA 2021: The 15 Best Smartphones You Can Buy Right Now
Choosing the best phone in 2021 is an expensive and complicated decision, whether you are looking for a Samsung, Apple, Google, or a variety of other smartphone makers. We've seen a huge selection of new phones throughout 2020, and here's our definitive list of the best handsets you can buy right no...
Hawkeye on Disney Plus: release date, cast, story, and what we know
Hawkeye on Disney Plus has a release date of late 2021. The show, which will star Jeremy Renner reprising his role as Clint Barton in the Avengers films, sees the superhero team up with a new archer, known as Kate. Bishop (who is officially played by Hailee Steinfeld of Bumblebee). It's been a long ...
Contactless technology: is it really the future or a source of frustration?
Much of the technology unveiled at CES each year follows multiple trends, and 2021 was no exception. Besides the usual cluster of robots, routers and smart fridges, CES was inundated with pandemic-inspired clean tech. Everything from Bluetooth masks and sanitizing lamps to air purifiers was on displ...
PS5 stock is back at Best Buy now
PS5 restockings have reached Best Buy, and you'll find the PS5 Digital Edition up for grabs for $ 399.99 and the standard model for $ 499.99. Update: We're still seeing some availability on PS5 bundles at Best Buy, but stock is largely regional at the moment, so be sure to check your local stores fo...
Gta 5 dataminers think that the ps5 port is based on the red dead redemption 2 engine
GTA 5's PS5 could use Red Dead Redemption 2's Game Engine. A recent GTAforums article from the Tez2 insider refers to dated files in GTA 5 that appear to be borrowed from Rockstar's recent Western epic. In their post, Tez2 says that new strings were found in the most recent GTA 5 update regarding th...

redpajama_set_name: RedPajamaCommonCrawl


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Peugeot iOn electric vehicle to debut in Frankfurt
The motor is paired with a lithium-ion battery pack that would allow the iOn to return 130 kilometers over a full charge. Top speed on the other hand is rated at 130 km/h. Talking about charging, it would take you 30 minutes to charge up to 80% (with a fast charging system) and 6 hours for a full recharge. It is done via a 220 V conventional power outlet. The auto maker also revealed that the 200HP 3008 HYbrid4 will arrive in spring 2011.
Peugeot, the pioneer and 1st worldwide manufacturer of electric vehicles will be launching the ion at the end of 2010. Its performance and 130 km operating range is obtained in particular due to the use of lithium-ion batteries, which will provide an efficient response to the challenges of urban mobility and respect for the environment.
With the ion, which will be presented to the world for the 1st time at the Frankfurt Motor Show, Peugeot is incorporating the latest automotive edition into its model range.
With the 106 produced between 1995 and 2003, Peugeot, the pioneer in electric vehicles, remains to this day the manufacturer having sold the most "zero-emissions" cars in the world. Supported by this history, the Lion Brand intends to continue as a major player in the new market of electric vehicles. Therefore, from the end of 2010, Peugeot will be amongst the first to launch a new all-electric vehicle in Europe: the iOn.
From launch, this electric vehicle developed in cooperation with Mitsubishi Motor Company (MMC), is aimed at both retail and fleet customers (authorities, local organisations and large companies, etc.) due its specifications which are particularly suited for use in an urban environment.
Lithium-ion batteries rechargeable in six hours and 80% recharged within thirty minutes
The town will therefore be the favourite playground of the iOn. With four doors and four seats, a length of 3.48 m and a turning circle of 4.50 m, this all-electric Peugeot vehicle will develop a maximum power output of 47 kW (64 bhp) and a torque of 180 Nm, thus offering reliable levels of performance (maximum speed of 130 km/h). Equipped with a totally comfortable operating range (130 km standard European cycle), the lithium-ion car batteries are rechargeable in six hours using a conventional 220 V socket or recharged to 80% capacity within thirty minutes, thanks to its fast charging system.
These specifications allow this "zero-emission" city car to offer a good level of versatility, comparable in performance and comfort to a small conventional combustion engine vehicle. Its respect for the environment par excellence, its compact size, safety ad simple operation will be its best, but by no means only attributes.
In fact, onboard it will also include some innovative services, thanks in particular to the "localised communication unit". This unit not only authorises the emergency call system for which Peugeot is a leader in terms of deployment throughout Europe (location of vehicles at the time of an accident and triggering the dispatch of suitable emergency services) but also authorises data transfer (battery status, distance covered, distance to travel before maintenance is due, etc.) thus providing assistance in the business management of fleet vehicles.
Peugeot and the new automotive edition Ion illustrates Peugeot's commitment to integrate the new automotive edition by offering lots of solutions suited to the different needs of urban mobility. This electric car also represents one of the key factors of the Brand's strategy to reduce the environmental footprint and dependence on fossil fuels.
As such, from the end of 2010 onwards, customers will discover some additional solutions within the model range:
-The iOn coming at the end of 2010, is an all-electric vehicle for everyday urban use.
-The 3008 HYbrid4, arriving in spring 2011, will be equipped with technology offering a versatile range of use (147 kW / 200 bhp, 4-wheel drive, etc, with CO2 emissions reduced to 99g/km).
These products will complete a range of combustion engines with some even higher performance engine units in both diesel HDi FAP and petrol variants (VTi and THP technology); engines which are already particularly well placed in their respective segments: 107 with 106 g/km of CO2, 207 with 99g, 308 with 120g, 3008 with 130g and 407 with 129g.
Mitsubishi Motors Corporation and PSA Peugeot Citroën:one step further towards electric vehicles for Europe
Mitsubishi Motors Corporation (MMC) and PSA Peugeot Citroën announced that both companies have signed a Memorandum of Understanding regarding collaboration on electric vehicles based on a vehicle currently under development by MMC in Japan.
In June 2008, both companies started a feasibility study of the development, manufacture and use of an electric powertrain for small urban vehicles.
The companies have now reached an understanding that will allow PSA to partner with MMC for the development of an electric vehicle for Europe based on MMC's i MiEV *1, to be manufactured by MMC and sold under Peugeot brand, in parallel to Mitsubishi's own European i MiEV.
This new step would be mutually beneficial since the collaboration of MMC and PSA Peugeot Citroën will ease and accelerate the introduction of their electric vehicles in the European market.
The two companies are now in negotiations on a cooperative agreement, targeting market launch at the end of 2010 or the very beginning of 2011.
For PSA Peugeot Citroën this agreement will enable the Group to maintain its leadership in environmentally friendly cars.
With an extensive knowledge of electric vehicles, PSA Peugeot Citroën is the largest global manufacturer of electric vehicles to date, with more than 10,000 units sold. PSA Peugeot Citroën will bring to this project its expertise in the field of electric powertrains.
For MMC, this project is consistent with its worldwide electric vehicle strategy. Currently involved in testing and promotional activities in Japan, New Zealand, the United States and across Europe, the i MiEV will be launched in Japan during the summer of 2009. In parallel to the 2010 European launch of the i MiEV, MMC is examining several markets including the U.S. for the rollout of the electric vehicle.
www.peugeot.com/en/design/concept-cars/the-1990%27s/ion.aspx
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Former Yamaha head of Sales and Marketing, Roy Kurian joins Tork Motors
16/05/2019 - 20:55 | Tork T6X, Electric vehicles, Tork Motors | Suvil Susvirkar
India Yamaha Motor's former Vice President of marketing and sales, Roy Kurian, who had resigned from the Indian arm of the Japanese two-wheeler brand in February this year, has joined Pune-based Tork Motors. Roy Kurian has been appointed as the head of sales and marketing at Tork Motors.
Kurian's appointment comes at a crucial time as Tork Motors is preparing to introduce its first product - the T6X.
Also read: Tork T6X electric motorcycle spotted on test
Kurian's appointment comes at a crucial time as Tork Motors is preparing to introduce its first product - the T6X. Speaking about Kurian joining the company, Kapil Shelke, CEO and founder, Tork Motors, said:
We are delighted to have a veteran like Roy join our team. We are set to achieve a strong impact on launch of India's first electric motorcycle and are banking on the wealth of information and experience Roy brings to the table.
Commenting about his new role at Tork Motors, Kurian said:
I am excited to be a part of the 'future' and it is the right time to dive in, learn and create a path for the inevitable EV space.
Tork Motors has released a teaser video of its upcoming electric motorcycle - the T6X. The bike will benefit from various features that will come from the Tork Intuitive Response Operating System (TIROS). The system will learn the riding pattern – a feature that we have already seen on Ather 450 electric scooter.
The motorcycle, as told by Shelke in a recent interview, will arrive towards the end of 2019. It will be launched in Pune first, followed by Bengaluru and other cities. It will be manufactured at the company's upcoming Chakan (Maharashtra) plant, which will have a production capacity of 20,000 units per annum. Operations here will commence in four months.
Tork Motors will import the lithium-ion battery for the T6X, while the rest of the parts will be sourced from local vendors. Shelke confirmed that the T6X would receive 90% local components. Heavy localisation of components will help the company to keep the prices low and, at the same time, benefit from FAME-II subsidy.
Also Read: Ather 450 and 340 electric scooters witness a marginal price hike
The new ex-factory price of the Tork T6X will be higher than the INR 1.25 lakh tag that was announced in September 2016. Back then, the electric motor on the T6X made 8 bhp of power and 27 Nm of peak torque. In the old configuration, the electric motorcycle had a top speed of 100 km/h and a range of 100 km. Zero to 80% recharge time stood at an hour, while a full charge was claimed to take two hours. Shelke said that the T6X has been "vastly improved", and so, we can expect a higher range and faster charging.
Tork T6X - Image Gallery
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Institute of Modern Russia
Russia Faces Change, But Putin Isn't Going Anywhere
New Russian Positivity
Russia's Game in Africa
Vladimir Bukovsky: "The more protests there are, the more likely political prisoners will be released"
Alina Polyakova: "The idea that you can have a real democracy in Russia is an existential threat to the Putin regime"
Sergei Guriev: Before 2018 we'll have another presidential election
Olga Khvostunova
In September, the Russian government started to actively discuss the country's 2013 draft budget. The key issue is how to reduce the gap between the state's social responsibilities and its financial resources. On the eve of the new political season IMR's Olga Khvostunova spoke with Sergei Guriev, President of the New Economic School, about the government's future economic policies and their impact on the country's political development.
O.Kh: Russia officially joined the WTO at the end of August. What changes will it bring to Russian producers and foreign investors?
S.G.: Russia negotiated the terms of its accession to WTO in a way that will have little impact on the Russian economy during the several years transition period. Later, there will be no serious game change either. The New Economic School and Ernst & Young have recently published a report on the potential outcomes of Russia's joining the WTO. Our studies have shown that one should not expect catastrophic consequences or significant changes whatsoever either in any sector of the economy, or in any region of Russia. To the contrary, our calculations reveal that accession to the WTO will have a positive impact on the Russian economy and on Russian citizens' welfare. In the long-term, joining the WTO will attract foreign investors to Russia. The WTO is an important tool of predictability that allows them to protect their interest against arbitrary actions by the Russian authorities. The Russian government is known for adopting economic measures that are considered illegal from the WTO's point of view.
O.Kh: What kind of illegal measures?
S.G.: They are measures that support Russian producers at the expense of foreign ones. An example of such arbitrary action is the automobile use tax for imported vehicles imposed by the Russian government starting from September 1st.
O.Kh: The WTO's opponents point out that low-quality products will flood the country, and Russian producers will be pushed out of the market. Is their argument justified?
S.G.: It's pointless to fear competition with producers of low-quality products – no one will buy them. The problem of Russian producers is that they will have to compete with cheap high-quality products. Still, negotiations were carried out in a way that hardly reduces import tariffs, so in fact there is nothing to be afraid of. All these fears are based on rumors and lack of information. Most people are just too lazy to read the accession terms.
O.Kh: What is the purpose of this political discussion, then?
S.G.: Accession to the WTO is an important political decision. It is a step forward for Russia, it formally puts Russia back in the circle of civilized countries. The next step should be joining the Organization of Economic Cooperation and Development (OECD). But the discussion is actually pointless: even if someone thinks that Russia is unique, it doesn't mean that it shouldn't follow international trade rules. And the WTO is a key institution that determines these rules. Some people just think that economic laws are not applicable to Russia, and therefore do not want to follow the rules.
O.Kh: Who are these people?
S.G.: They are the people who believe that Russia has its unique path. But they prefer to drive good foreign cars, not the Zhiguli.
Putin's presidential campaign promises are simply impossible to keep.
O.Kh: Both Vladimir Putin and Dmitri Medvedev have made public statements on the modernization of Russia. Now that they have exchanged offices, what kind of economic policies are they more likely to adopt – modernization or conservative development?
S.G.: First the decrees that Vladimir Putin signed on May 7th, right after his inauguration, were quite liberal and very consistent with a modernization course, as well as was his speech at the St. Petersburg [International] Economic Forum. But Putin and Medvedev have both made these public statements before. Today, the business community wants to see actions, not just hear words. Some promises are being fulfilled, like joining the WTO, while many others are being postponed, like the privatization programs. Russian leaders made statements about reducing administrative barriers, which is important for the investment climate, but nothing has been done yet. Moreover, the road maps, developed as a part of the so-called National Entrepreneurship Initiative, were redesigned by the government without taking into account suggestions made by business. Until we see concrete results, it's impossible to judge the government's economic policies.
O.Kh: When do you expect to see first results and draw first conclusions?
S.G.: The state budget will be an important indicator. It is being discussed at the moment and will soon be adopted. Another indicator are what measures are being taken to improve the business and investment climate. These would include implementing the privatization program and fighting corruption not just in words, but in practice.
O.Kh: Taking into account Russia's experience to date, do you have any reasons to believe that real actions will actually follow?
S.G.: Let me give you an example from everyday life. If you gain weight, your cholesterol level becomes high, and eventually you start asking yourself if it's time for you to start a healthy lifestyle and go to the gym. Even if you never were into sports before, it doesn't mean that you never will. It's the same with government. For two years Russia has been experiencing huge capital flight, but oil prices are still high, while debt, unemployment and inflation rates are very low, and there is economic growth. Still there is capital flight from Russia to Europe and the U.S. where there are plenty of problems such as high debt, lack of growth… It means that the Russian situation is worse in terms of the investment climate.
O.Kh: Financial analysts have recently calculated that capital flight has more than doubled in 2011 and totaled more than $80 billion. What caused this high rate?
S.G.: Capital flight intensified not only in 2011 but also in the first half of 2012. There are several possible explanations for this, but at the moment it's hard to pin-down which is the correct one. One explanation is the high political risk caused by the election period in Russia. But now the uncertainty is over: Putin has replaced Medvedev, and it seems that the protest movement has abated. Also there is a possibility that capital flight will decline. In June, it in fact decreased. On the other hand, it could be a cyclical phenomenon; therefore we have to watch closely what happens in July, August and September. Another explanation is that the investment climate in Russia has deteriorated to the point that despite great economic potential, investors are afraid of losing their investments.
O.Kh: Do you think that the Russian authorities will fight corruption? For a long time it has a leitmotiv of Russian political leaders in their public discourse, but according to Transparency International's CPI (Corruption Perception Index), Russia still ranks among the worst countries.
S.G.: The Russian authorities are becoming increasingly aware that corruption is not only an economic or a social issue, but a political one. It's an issue of power. If the current political elite does not fight corruption, very soon it will be replaced, because it is the corruption issue that unites the opposition. If the authorities can win this fight, they can weaken the opposition movement. But if corruption is not overcome, the regime has no future.
In terms of corruption level, Russia is unique.
O.Kh: The paradox of struggling with corruption is that the authorities will have to fight against themselves and against the system they created. Are they capable of doing so?
S.G.: I remind you of my argument about being overweight and sports. When you lose weight, you lose a part of yourself. It's hard, but not impossible.
O.Kh: Do you think that Putin will send his friends to prison or voluntarily go there himself?
S.G.: If it does not start fighting with corruption, it is not clear how this regime can survive. By the way, Putin had already fought corruption when he first came to power. In 2000 his rhetoric and actions were both anti-corruption. There is no reason to think that he is not capable of change. If the Russian government and Vladimir Putin's friends start to play by the rules, I don't think that Russian citizens will demand anything more from them.
O.Kh: Are you saying that if Vladimir Putin has to make a choice—either to change the rules of the game and keep the regime safe, or not change the rules and face the possibility of being replaced—he will choose the former?
S.G.: It's hard to say at the moment, but he is already facing this choice, even though he might not be aware of it. In democratic countries, the government changes in a predictable manner. In regimes, like Russia, it will be hard to predict. Anything is possible: a peaceful scenario, in which the regime transforms itself into a democracy, a violent scenario, or one in between. History provides various scenarios for the way this type of situation could develop.
© 2020 Institute of Modern Russia, Inc.
Our newsletter delivers a digest of analytical articles and op-eds published on our website, along with the latest updates on the IMR activities on a monthly basis.
Why Russia Needs a "Sovereign Runet"
How Putin's Russia Works
Sergei Davidis: "Repressions inside Russia Embolden the Putin Regime to Act More Aggressively Abroad"
What Moscow Protests Tell Us About Putin's Russia On October 28, IMR and the Atlantic Council co-hosted a panel discussion on the prospects of the Russian protest movement. Panelists included director the Atlantic Council's Eurasia Center, Ambassador John Herbst, IMR's director Olga Khvostunova and Russian journalist Ksenia Kirillova. Political scientist Maria Snegovaya moderated the discussion.
IMR Welcomes New Trustees The Institute of Modern Russia is happy to welcome two new members to our Board of Trustees—Dr. Alina Polyakova of the Brookings Institution and Mr. Leonid Nevzlin, entrepreneur and philanthropist.
New Articles Added to the Research Section Three research articles authored by IMR's Senior Advisor Vladimir Kara-Murza have been added to the Research section of the website. They had been previously presented in Tauride Readings, an edited volume published by the Center for the History of Parliamentarianism at the CIS Interparliamentary Assembly.
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10 minutes with... Kate Smith at Sunderland AFC
The November edition of our 10 minutes with interview has us speaking to Kate Smith, Digital Communications Officer at Sunderland AFC.
What's your role within Sunderland AFC?
Digital Communications Officer - I help manage the club's various digital channels, including club website, club emails and various social channels.
What's your favourite part of your job?
How no day is the same! The digital media department covers all football aspects of the club - including U18s, U21s and Ladies. You can travel all over the country to cover these games and find yourself working at bizarre times during transfer windows and pre-season tours. There is also all sorts of events going on at the Stadium of Light, such as concerts, Christmas parties, graduations and new kit launches that all need coverage across the club's various channels.
How do think email marketing has changed the way Sunderland AFC is able to engage with customers, since the company adopted it within its strategy?
Our Manager's View email is our most popular newsletter, going out within 90 minutes of the final whistle of every game. It includes a match report and quotes from Gus Poyet after the game. With football fans craving being the 'first to know', this newsletter fulfils that need in letting fans read the head coach's post-match comments first. Whatever time this email goes out it's always well-received and it's almost become a staple in an SAFC fan's matchday!
What's the biggest change you've seen within email marketing since using email as a channel?
For me, seeing that as soon as an email is delivered it's read almost straight away. Mobiles and tablets give fans instant access to their emails and, in recent years, the club has seen a great increase in the amount of emails opened and read on mobile devices. We have a case study on this for more info.
If you had one piece of advice for other email marketers, what would that be?
Imagine the email you're about to send is going to drop into your inbox, what would make you open it? It has to stand out from the dozens of other newsletters hitting your recipients' inboxes. Our most successful campaigns have came when we've added a personal touch, or something a little quirky - whether that be including a name in the subject line or tailoring the main body of the email.
Thank you to Kate for taking the time to complete this interview.
Releases & New Features


The 2.5L 5-cylinder Audi RS 3 is here, and I'll admit, I was skeptical. That skepticism lasted about 60 seconds into my test drive during the Washington Auto Press Association Rally. The 400hp RS 3 may be the hottest sport compact car currently on the market. Take a look at the video to find out why!


He moves from his current post as the SRU's head of legal to fill the role vacated when Jonny Petrie left to become CEO of Ulster at the start of the year.
Struth said: "It is a real privilege for me to be appointed as Managing Director of Edinburgh Rugby. As a long-time Season Ticket Member I care passionately about the club and have done for many years.
"I now look forward to applying all of that as Managing Director and working with our supporters, partners and the whole team at Edinburgh Rugby to build on what has been achieved so far and to take the club forward.
SRU chief operating officer Dominic McKay said: "We wanted someone who understood the important role of the club in the city and how, working with Scottish Rugby, we could continue building on the proactive work currently under way.


Start from the site, head down the dog walk towards the village.
At the end of the single track road turn left, and then left again towards Leek.
After a short way there is the a footpath post, follow this direction across the field.
After the field head over the footbridge.
Head up the hill towards the building.
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At the sign follow the path on your right and go through the gate.
Head over the fields through the stiles, there is another up the hill after this one.
This style is on your right after heading up the hill.
Head through the gates and on to the road.
Head down the road, and at the end you are in the village.


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Associations and Agencies
Processor Profiles
Ingredients and Formulations
Fresh/Frozen
Biscuits/Baked Treats
Bone/Offal
Dry Treats
Wet Treats
Processing Efficiency
Home » PureBites donates $500,000+ worth of freeze-dried treats, toppers to animal welfare groups
PureBites donates $500,000+ worth of freeze-dried treats, toppers to animal welfare groups
Source: JasonPinaster (pixabay.com)
MONTREAL, CANADA — PureBites announced May 12 it has donated more than $500,000 worth of its freeze-dried pet treats and meal toppers to the Toronto Humane Society and the American Society for the Prevention of Cruelty to Animals (ASPCA) to support pet owners in Canada coping with COVID-19.
"We are currently living through an unprecedented time in our lives," said Marc Cathcart president of Pure Treats Inc., the makers of PureBites. "People are going through financial hardship and social distancing, but one bond that holds true during good and bad times is the one between a pet and their family."
This is PureBites' first collaboration with the Toronto Humane Society and the ASPCA.
PureBites products feature several single-ingredient, freeze-dried animal proteins to supplement a complete-and-balanced diet or be served as a treat. PureBites' newest product is a complete-and-balanced freeze-dried option that can be fed as a regular diet or as a meal topper. The products, available in chicken, beef and lamb for dogs and chicken, salmon and turkey for cats, were launched in September 2019.
"The impact that this donation has is massive. Our animals, and the animals across the GTA [Greater Toronto Area] thank PureBites," said Hannah Sotropa, public relations specialist for the Toronto Humane Society. "Toronto Humane Society is a non-profit organization that relies solely on donations and public support. Because we have no government contract, when we are lucky enough to receive donations like this, we are so abundantly grateful. All of our animals receive enrichment 365 days a year which includes positive reinforcement training with our robust training department; this involves a lot of praise and a lot of treats!"
PureBites was founded in 2005 in Montreal, Quebec. Its products can be found in pet specialty stores across North America.
Read about other pet industry companies giving back to support people impacted by COVID-19.
Companies Manufacturers Pet Food Pet Treats Coronavirus/COVID-19
KEYWORDS aspca Canada coronavirus covid-19 donations freeze-dried purebites
Stella & Chewy's donates $530,000 worth of pet food to ASPCA
Carnivore adds freeze-dried dog food, treats to latest brand, Nature's Advantage
West Paw debuts dog treats with animal welfare, sustainability merits
Mars donates $1 million to support global companion animal relief efforts
GreaterGood.org to donate $6 million worth of pet food, supplies
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Mars Petcare UK recalls products for potential elevated levels of vitamin D
Slideshow: How two siblings with a Cadillac in a cornfield started Barrett Petfood Innovations
BrightPet Nutrition Group acquires dog food, treat brand
Pet Supplies Plus to acquire 40 closed Pet Valu stores
45 new pet nutrition products launched in 2020
A noncomprehensive list of new pet foods, treats, supplements and meal toppers launched this year.
New and upcoming pet food, treat processing facilities
A look at new pet food and treat manufacturing plants completed in 2020 or scheduled for completion in the near future.


As USD trembles, XAU makes its path upwards. I will enter above 0.618 fibo (see chart). Entering late will give me a better risk to reward ratio, sure, it does also decrease my chance of getting involved - but I will live with that.
Trend + structure were broken on the downside, which adds to the case with this 2618 trade.
Order is set, lets hope we get filled!
Short could well be on now with stop above days high, RSI diverging to price on daily. Are you looking to get back on with a short?
Hey @Capra! My reasons for entry are violated which means I wont get involved using those criterias. If a new opportunity (as of my rules) present itself then absolutely! But as of right now I'm not getting involved.