text:
Tucker Carlson Rebuts Washington Neo-Cons Agitated By Trump's Syria Withdraw
Christopher Smith Contributor
October 07, 2019 10:20 PM ET
Fox News host Tucker Carlson chided Washington "neo-cons" on Monday for their condemnation of President Trump's decision to pull out of northern Syria.
"We'd love to tell you it's just the lefty hacks on CNN demanding that we stay in Syria forever, but unfortunately it was not– not even close. A ton of republicans on capitol Hill made exactly the same point," Tucker said.
Among those Republicans that Tucker called out were Sen. Majority leader Mitch McConnell, former Ambassador to the United Nations Nikki Haley, South Carolina Republican Sen. Lindsay Graham, Utah Republican Sen. Mitt Romney and Nebraska Republican Sen. Ben Sasse.
"All of them seem far angrier about the prospect of leaving Syria than they ever do about illegal immigration or Americans dying of fentanyl overdoses," Tucker claimed. (RELATED: 'You Feckless Unpatriotic Cowards!': Meghan McCain Unloads On White House For Abandoning Kurds)
Nikki Haley tweeted earlier today, "We must always have the backs of our allies, if we expect them to have our back. The Kurds were instrumental in our successful fight against ISIS in Syria. Leaving them to die is a big mistake. #TurkeyISNotOurFriend," Haley wrote.
We must always have the backs of our allies, if we expect them to have our back. The Kurds were instrumental in our successful fight against ISIS in Syria. Leaving them to die is a big mistake. #TurkeyIsNotOurFriend
— Nikki Haley (@NikkiHaley) October 7, 2019
"Turkey is not our friend?" Tucker asked. "That's a surprise to those of us who have been paying attention because it was barely a year ago that official Washington, I mean everybody, was outraged. They were savaging the president for the crime of undermining NATO," Tucker continued. (RELATED: Trump Begins Withdrawing Troops From Syria)
Tucker concluded by calling out Republican leaders' seeming indifference towards the hundreds of thousands of drug deaths taking place, claiming that they "shrug" and "couldn't care less."
Trump has repeatedly, both as a presidential candidate and during his tenure in office, promised to withdraw troops from the Middle East and put an end to what he claims are "endless wars."
Tags : mitch mcconnell nikki haley syria tucker carlson


text:
Q: How to create named autoresetevent in C#? I need to synchronize two applications by using a named event. But neither AutoResetEvent nor ManualResetEvent contains constructor with a name for event (only initial state). I can open existing named event through static method OpenExisting in AutoResetEvent or ManualResetEvent class, but can't create It! I don't want to use native WinAPI CreateEvent function for It, unless I know precisely of not existing of other ways.

A: I found a solution by myself. That is:
EventWaitHandle handle =
    new EventWaitHandle(false, EventResetMode.ManualReset, "testRemoteServer");

redpajama_set_name: RedPajamaStackExchange


Your air filter installation is only as good as the panel holding frame. Proper installation of air filter panels is extremely important. Air leakage around and past the filter will reduce the efficiency of your entire unit. The key to sealing any installation is the panel holding frame. If it is not leak proof, dirty air will bypass and defeat the purpose of your filter installation.
Dependable Falls Filtration holding frames are manufactured with the same skill and precision as our filters are produced. They will provide maximum insurance against air leakage.
Falls Filtration holding frames are made of 16 gage hot dipped galvanized steel. A polyester urethane gasket is bonded to the ¾" retaining flange. Positive sealing pressure around the perimeter of the panel is applied against the gasket flange by spring clips, spacer buttons are stamped into frame to assure proper centering of panel during installation.
Spring clips retain panel tightly in place in the holding frame shown above. Clips are standard on 2" frames, unless otherwise specified, and are shipped separately for installation on the job site. Installation instructions are furnished with the frame shipment.
Falls Filtration holding frames are supplied with bolt holes assembly into staggered, flat or "V" shaped panel banks. When ordering frames for panel banks it is advisable to submit a sketch indicating the space available, required air volume, direction of airflow and side of bank from which the panels will be serviced. This will help us supply the proper materials for your successful painless installation.
A drain hole should be installed to facilitate the collection of any adhesive that may run off during service and installation. All joints should be caulked to prevent leakage.


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Migas is originally a shepherd's dish prepared over an open fire, which made use of day-old or stale bread. Today it is eaten in many parts of Spain, wherever there is a legacy of pastoral or shepherd culture, and people absolutely adore it. I do too. Migas Extremenas is one of my favorite comfort foods from Spain and it is the breakfast of champions in this part of the country. You can prepare this recipe with or without the bacon, depending on your own personal preference. Migas taste almost like a freshly baked Italian focaccia bread, but far more roasted and complex. They are so delicious, accompanied by some sweetened coffee made with milk and a farm-fresh, sunny-side up egg. -A.S.
Cut the bread into tiny slices and place in a large bowl, pressing down gently to lightly pack them into the bowl. Sprinkle with 6 tablespoons water and the salt, cover with a damp cloth and let stand overnight.
The next day, heat the olive oil over medium-high heat in a cast-iron or heavy skillet. Add the garlic and peppers and saute, stirring often, until caramelized and roasted from the hot oil, 3 to 5 minutes. Drain the garlic cloves and peppers from the oil and reserve in a separate dish. They will be used as the garnish for the final dish.
In the same skillet, fry the bacon until golden and crisp. Drain the bacon and set aside, to be added back to the skillet a little later in the recipe. Remove the skillet from the heat and drain off any excess oil (leave 1 to 2 tablespoons of fat in the skillet).
Stir in the pimenton. Return the skillet to medium heat and add the reserved sliced bread and bacon. Let the underside of the bread roast in the hot oil until golden, about 3 minutes. With the edge of a large metal spoon, break up the mixture and stir and fry in the oil, while gradually adding 1 tablespoon water, one drop at a time. Continue to fry, stir and break up the bread and bacon, incorporating the golden crust into the crumb mixture, until the crumbs are the size of rice kernels and are golden and crisp, 20 to 30 minutes.
Serve hot, accompanied by the fried peppers and garlic cloves in a separate dish to be added to each serving for garnish.


text:
In a 2-1 opinion, the Third District Court of Appeal upheld the auction-sale component of the cap-and-trade program created by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 ("AB 32") in California Chamber of Commerce v. State Air Resources Board (2017) 10 Cal.App.5th 604. As part of its ...
Posts Tagged 'cap and trade'
Third District Court of Appeal Upholds State Air Resources Board's AB 32 Cap-and-Trade Program
April 11th, 2017 by Elizabeth Pollock
In a 2-1 opinion, the Third District Court of Appeal upheld the auction-sale component of the cap-and-trade program created by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 ("AB 32") in California Chamber of Commerce v. State Air Resources Board (2017) 10 Cal.App.5th 604.
As part of its regulations to implement AB 32, the State Air Resources Board created the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms, referred to as the 'cap-and-trade program.' The program imposes a cap on aggregate greenhouse gas emissions. Covered entities must either reduce their emissions below a threshold point or obtain offset credits or emissions allowances at the Board's quarterly auctions or in a secondary market. Allowances are tradable, so participants can buy, bank, or sell them. Proceeds from the Board's auction sales are kept in a fund to further AB 32's purposes. Plaintiffs California Chamber of Commerce and Morning Star Packing Company filed two separate lawsuits challenging the regulations and the court consolidated the cases. The trial court ruled in favor of the Air Resources Board and both plaintiffs appealed.
The Court of Appeal considered two arguments: (1) whether the auction sales exceed the Legislature's delegation of authority to the Board, and (2) whether the revenue generated by the auction sales amounts to a tax that violates the two-thirds vote requirement of Proposition 13. With respect to Plaintiffs' first argument, the court considered whether the auction program is "(1) consistent and not in conflict with the statute and (2) reasonably necessary to effectuate the purpose of the statute." The court held that by allowing the Board to design regulations that include "distribution of emissions allowances," the Legislature gave broad discretion to determine how to implement the statute, and the auctioning of allowances does not exceed the scope of the delegation. In addition, the court found that the Legislature later ratified the auction system when it directed how to use the proceeds therefrom.
With respect to Plaintiffs' second argument, the court found that the auction sales do not equate to a tax. Proposition 13 requires that any change in a State tax must be passed by a two-thirds vote of each house of the Legislature. Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866 is the leading authority on application of Prop 13, but contrary to the ruling of the lower court, the Court of Appeal found the test from that case was inapplicable here. According to the court, Sinclair Paint did not hold that it applies to any "revenue generating measure." Instead, Sinclair Paint sets forth rules to evaluate purported regulatory fees to determine whether they are taxes subject to Proposition 13. The Board's cap-and-trade regulations do not purport to impose a regulatory fee, but instead call for the auction of allowances, which the court explained is an entirely different system. Thus, the Court of Appeal found, Sinclair Paint did not apply.
Because Sinclair Paint did not apply, the court looked to the general test for whether something is a "tax" subject to Proposition 13. The court explained that the hallmarks of a tax are: (1) it is compulsory, and (2) the payor receives nothing of particular value for payment. The court found that, regardless of the fact that the cap-and-trade program may increase the cost of doing business in California, the purchase of allowances through the Board's auction is voluntary; businesses must simply make the judgment whether it is more beneficial to the company to make the purchase required by the program than to reduce emissions. In addition, the court emphasized that no entity has a vested right to pollute. Once purchased, the allowances are valuable, tradable commodities, conferring on the holder the privilege to pollute the air. Thus, the court found that participation in the auction system is voluntary and the purchaser receives a specific thing of value, so the auction system does not impose a tax.
Justice Hull concurred with the majority's analysis of the first question, but disagreed with the second part of the opinion. In a lengthy dissent, Justice Hull argued that the cap-and-trade program is a tax because: (1) the purchase of auction credits by certain businesses is not voluntary, (2) the auction credits do not confer property rights, and (3) the use of the auction proceeds must be considered for determining whether a State exaction is a tax. Thus, Justice Hull concluded that the program is a "tax" of sorts, and because it was not passed by a 2/3 vote of the State Legislature, it violates Proposition 13.
Tags: Assembly Bill 32, cap and trade
California Air Resources Board 2017 Climate Change Scoping Plan Update Issued
March 6th, 2017 by Christina Berglund
In January 2017, the California Air Resources Board (CARB) released the Draft 2017 Climate Change Scoping Plan Update. The Proposed Scoping Plan identifies the overall strategy to reduce greenhouse gas (GHG) emissions by 40 percent below 1990 levels by 2030—the target codified in SB 32. The strategy requires contributions from all economic sectors and includes a combination of extending key reduction programs and new actions that would prioritize direct emissions reductions.
The Proposed Scoping Plan continues the cap-and-trade program through 2030. The analysis in the plan finds that cap-and-trade is the lowest cost, most efficient policy approach to meeting the 2030 goal. According to the analysis, even if other measures fall short, cap-and-trade provides certainty that California will meet the 2030 target emissions reduction. The agency is also evaluating potential changes to the cap-and-trade program to "support greater direct GHG emissions reductions." Under evaluation are measures which include reducing the offset usage limit, redesigning the allocation strategy to support increased technology and energy investments to reduce GHG emissions, and reducing allocation for entities with criteria or toxic emissions that exceed a predetermined baseline.
Other key components of the overall approach include: a 20 percent reduction in GHG emissions from the refinery sector; continued investment in renewable energy; efforts to reduce emissions of short-lived climate pollutants; and increased focus on zero- and near-zero emission vehicle technologies.
CARB is currently seeking comments on the Proposed Scoping Plan. The comment period was recently extended until April 10, 2017. A public board meeting on the Final Proposed Scoping Plan is scheduled for June 22-23, 2017.
Tags: Assembly Bill 32, California Air Resources Board, cap and trade, Climate Change, GHG emissions
Will Cap-and-Trade Money Fund the High Speed Rail?
Governor Jerry Brown would like to fund a portion of California's high-speed rail project with proceeds from cap-and-trade fees. Brown plans to propose directing millions of dollars garnered from carbon producers' fees toward the $68 billion project. The governor would allocate hundreds of millions of dollars in 2014 alone.
California has already acquired $3.4 billion in federal funding to start constructing the rail. Project opponents, however, have challenged complementary state bond funding in court, creating a potential funding gap. In High Speed Rail Authority v. All Persons Interested, the Sacramento Superior Court declined to validate High Speed Rail Authority's attempt to issue more than eight billion dollars in bonds to start construction. Construction, however, is still slated to begin early this year.
Governor Brown's proposal will likely be included as part of his annual budget plan that will be released Friday, January 10, 2014.
Tags: Budget, cap and trade, High Speed Rail
Canada will link its cap-and-trade program with California's in 2014
The Air Resources Board (ARB) has announced that California and the Quebec province are scheduled to link their cap-and-trade programs on January 1, 2014.
Quebec recently held its first auction for cap-and-trade allowances. ARB Chairman Mary Nichols praised the Canadian province for its hard work developing a cap-and-trade program and bringing about the successful auction. She stated that linking the regions' programs will "show our respective nations, and the world, how states and provinces can work together to reduce greenhouse gases and fight climate change."
A joint auction is expected later in 2014.
Tags: cap and trade, Climate Change
California Air Resources Board Conducts Auction for Cap-And-Trade Program
November 9th, 2012 by admin
On November 14, 2012, the California Air Resources Board will conduct its first quarterly auction for greenhouse gas allowances under the cap-and-trade program, which is identified in the Assembly Bill 32 Scoping Plan as one of the strategies California will employ to reduce the greenhouse gas emissions that cause climate change.
In 2006, the Legislature passed and Governor Schwarzenegger signed AB 32, the Global Warming Solutions Act of 2006, which requires California to reduce greenhouse gas emissions to 1990 levels by 2020. In complying with AB 32, CARB prepared a Scoping Plan identifying a cap-and-trade program as one of the strategies California will use to reduce the GHG emissions that cause climate change. The cap-and-trade program places a limit on the GHG emissions allowed from pollution producers like refineries and cement manufacturers, and directs all entities subject to the cap (covered entities) to surrender "compliance instruments" equivalent to their GHG emissions to CARB. Compliance instruments include both allowances, which are allocated by CARB or obtained from auctions or secondary markets, and offset credits, which represent GHG emissions reductions achieved in sectors that are not subject to the cap.
This year, the cap-and-trade program covers about 350 industrial businesses operating a total of 600 facilities throughout the state. They include cement plants, steel mills, food processors, electric utilities, and refineries. Starting in 2015, the program will also cover distributors of natural gas and other fuels. For the first two years of the cap-and-trade program, covered entities will receive 90 percent of their allowances for free, with the free amount and the cap declining over time. Covered entities must either cut their GHG production to that level or buy credits to make up the difference. Companies that have more credits than they need can sell them at the auction, and CARB will sell additional credits as well. The proceeds from CARB's sale of allowances sold at auction will be deposited in CARB's Air Pollution Control Fund, awaiting appropriation by the Legislature.
The November 14, 2012, auction is the first, major step for CARB in implementing the cap-and-trade program. Though there remains strong opposition to the program from those businesses required to participate in it, CARB's completion of this first auction signifies its commitment and readiness to enforce compliance with the cap-and-trade program when it comes online in January 2013.
Tags: Assembly Bill 32, California Air Resources Board, cap and trade, Climate Change

redpajama_set_name: RedPajamaCommonCrawl


text:
.
La Beuk Cola è una cola alternativa, distributita dalla cooperativa bretone Kan Ar Bed. Questa bevanda è fabbricata in Bretagna (Francia). Il suo ingrediente di base è uno zucchero rosso originario della Costa Rica (fabbricato dalla cooperativa di Coopecañera, che appartiene alla filiera del commercio equo), ed è distribuita solo da catene commerciali del commercio equo che trattano prodotti andini.

Collegamenti esterni

Cola
Bretagna

redpajama_set_name: RedPajamaWikipedia


I've been working on Kate for some time now. As I mentioned before, I was trying to make a TCP Server plugin for Kate, where there's a simple TCP server running on some port, and data recieved on that port is entered into the editor. I finally got it to work the day before. There are a few intricacies about this and I'll point those out here, for everyone's benefit (including my own!).
Before I get down to explaining the code, I would like to clarify that this is not really a Kate plugin. It's a plugin for 'KTextEditor' which is a pluggable interface you can use in your own code. So this plugin is functional in both Kwrite and Kate. (In Kate, it'll show up under 'Extensions', not 'Plugins'.) Also, when I wrote this plugin, I was following the excellent tutorial on the KDE Techbase, so what I've done is a kind of extension of the plugin described there.
It's best to start with the '.desktop' file, since it contains the name of the plugin (as well as the author!) and other important information.
Comment=Inserts data from a TCP socket.
#   the library name we defined in the desktop configuration file.
Notice how the library name we entered ( ktexteditor-tcpserver ) is being used here. Also, you can see how the User Interface file (tcpserverui.rc) and the Desktop Configuration File are being copied to the file system. (In practice, they end up in /usr/share/apps/<folder-name>/ and /usr/share/kde4/services/ respectively).
Now for the actual code! I'll start by explaining the header file, since it holds the class definitions. I'll ignore all the includes, and jump directly to the classes.
Pretty standard things here. Our main plugin class inherits from the KTextEditor::Plugin class. It overrides the addView() and removeView() methods. Since our plugin has no configurable options, we ignore the other two methods (for now).
Here, we have four 'Slots'. Slot is basically a Qt concept, and is an alternative to callbacks. The concept is simple, you can emit 'Signals' from a Class. Each signal may be connected to one or more Slots. Whenever a Signal is emitted, the slot is called, which is why ideally, slots shouldn't use any special types. You can read more about this here. We also have a QTcpServer and a QTcpSocket as members of this Class. We'll understand their use better when we take a look at the tcpserver.cpp file. Notice that TCPServerPluginView also inherits from KXMLGUIClient. That is why we can use the tcpserverui.rc file to specify the GUI of our plugin (which consists of only a new entry in the 'Tools' menu). The slot* methods are explained next, along with the tcpserver.cpp file.
In this method, we accept the incoming connection which caused slotHandleConnection() to be called. We also make a few more connections, so that whenever there's data at the socket which has not been read yet, the slotGetData() method's called. Also, on disconnect, we need to clear up the memory allocated to our clientSocket. The slotDisconnected() method is for debugging only, all it does is print a debug message.
Here we define a GUI to our plugin. Since the main Kate environment is also specified by KXMLGUIWindow, or KXMLGUIClient classes, this file will allow the GUI for our plugin to be 'inserted' into the Kate GUI. Also, we have an action defined here, tools_insert_chars. If you remember, this action was used in the constructor for our TCPServerPluginView class, and it was assigned the shortcut Ctrl+M. This action triggers our slotInsertText() method, which causes "Awesome Server" to be inserted into the current document.
That's about all there is to this plugin... You can find the whole code on GitHub. I will try to write another part to this, where we're allowed to configure the port where we want to listen (currently it is hardcoded to 3000).


text:
#pragma once

#include "texture_format.hpp"
#include "command_buffer.hpp"
#include "device.hpp"

namespace Granite
{
Vulkan::ImageHandle decode_compressed_image(Vulkan::CommandBuffer &cmd, const Vulkan::TextureFormatLayout &layout,
                                            VkFormat preferred_decode_format,
                                            const VkComponentMapping &swizzle = {
	                                            VK_COMPONENT_SWIZZLE_R,
	                                            VK_COMPONENT_SWIZZLE_G,
	                                            VK_COMPONENT_SWIZZLE_B,
	                                            VK_COMPONENT_SWIZZLE_A,
                                            });
}

redpajama_set_name: RedPajamaGithub


text:
Best Lesson Plans From Teachers of the Year
By Chris Borris
Seven State Teachers of the Year share their favorite lessons.
PreK–K, 1–2, 3–5
What makes a great lesson? Innovation? Yes, but sometimes the most straightforward lessons, well taught, are the best. Collaboration? Sure, but some kids do best working on their own, at their own pace, with help from you. Dramatic delivery? That can work, but the bells and whistles can get in the way of a clear concept. The best lessons, quite simply, can be taught by any teacher, in any classroom, and they don't follow a script or a template, but are the result of an engaged teacher communicating something that resonates, and sticks, with his or her students.
Below, we take a look at some amazing lessons taught by seven State Teachers of the Year, as named by the Council of Chief State School Officers (CCSSO), a nonprofit that works to amplify the voices of teachers to affect state and national policy. The lessons range from a letter-learning dress-up party to an environmental project for third graders involving chocolate (!) to a STEM lesson challenging fifth graders to create models of tornado-resistant structures. We hope you enjoy reading about these teachers as much as we enjoyed talking to them about their great lessons!
Word Party: What's in a Letter?
Who: Becca Foxwell
What: Grade 1
Where: Lickdale Elementary School, Jonestown, Pennsylvania
To explain how one of the sounds that y spells is long e, I build excitement by sending my first graders home with a formal invitation inviting them to a "Fancy Y Party" in honor of y as long e. On the day of the highly anticipated event, students come to school dressed in their fanciest clothes, and we learn how y often (but not always!) becomes Fancy Y when it appears at the end of words with two or more syllables.
We start by reading and writing down all of the words we can find in Fancy Y's favorite book, Fancy Nancy, by Jane O'Connor. To continue practicing reading words with y as long e, we play party games, including hunting for Fancy Y words on pictures of pastries and using starry wands in a team game of identifying the correct Fancy Y word. Students also use the words they learn by writing and illustrating a page for our "Classy Book of Fancy Y Words." We end our day with a fancy, tasty treat!
My students walk away from this meaningful learning experience not only having learned a phonics skill that will help them be successful in reading and writing but also with the memory that learning is fun! For tips on how to throw your own Fancy Y Party, visit bit.ly/FancyY.
Photo: Adam Chinitz
Against the Wind: Engineering Tornado-Resistant Towers
Who: Shelly Vroegh
Where: Lakewood Elementary School, Norwalk, Iowa
My students thrive on any and all STEM experiences I can provide, and I try to take a cross-curricular approach when teaching reading, writing, and science. Because we live in an area of the country well known for experiencing tornadoes, I thought the kids would enjoy using an engineering design process to create tornado-resistant structures. I wanted my students to use reading, writing, and research skills, along with critical thinking and creativity, to collaborate on their projects.
First, students did a close read of "Twister Trouble," by Joe Bubar (Scholastic News magazine). This information was critical as they began to design their structures. Once they had some background knowledge, students worked at first individually and then in collaborative groups to design tornado-resistant towers. They were given a $20 budget to purchase building materials such as index cards, straws, tape, craft sticks, string, and pipe cleaners. Each group then tested the structure in a simulated tornado complete with wind, rain, and thunder and lightning, courtesy of a fan, a spray bottle, and some sound and visual effects from YouTube.
By infusing reading, writing, research, and science, my students found they could enjoy designing, building, testing, and revising in a collaborative environment while creating structures that withstood the "elements."
Photo: Courtesy of Shelly Vroegh
Birds of a Feather: Great STEM Solutions
Who: Darbie Valenti
What: Grade 5 Math and Science
Where: Minnie Cline Elementary, Savannah, Missouri
The saying "Birds of a feather flock together" is very relevant to my class. What bonds us is our love for math and science, which is why we love STEM projects!
For one memorable project, we learned about birds and different types of beaks. Students worked in teams to design beaks that would be successful in catching flying insects (popcorn), fish in water (gummy fish), seeds, worms, etc. Each teammate was responsible for designing and building a unique bird beak.
To integrate math into the project, I had teams work together to solve math tasks. Completed tasks provided codes that would unlock boxes with supplies helpful in building the beak. Students had never been so excited to complete fraction problems before! This project helped my students with important life skills such as communication, collaboration, creativity, and critical thinking, all while teaching math and science concepts. It also proved that rigor doesn't have to mean hard!
Photo: Courtesy of Darbie Valenti
Chocolate Factory: Making Global Connections Local
Who: Pam Ertel
Where: Minden Elementary School, Minden, Nevada
When I was working on my National Geographic Teacher Certification last year, I found great resources that helped to bring the world to my third-grade classroom, including a unit on the rainforest. For our capstone project, we read a wonderful book called No Monkeys, No Chocolate, by Melissa Stewart and Allen Young. The book gave insights into the interconnectedness of rainforest animals and the cocoa trees, as well as [how the environment] impacts the people and the land.
My students took the information we learned to heart and began to apply it to their daily lives, many miles away from the rainforest, its animals, and the cocoa trees. At school, we recycle cans, bottles, cardboard, and paper; grow a school garden; and turn off water and lights when they're not in use. Even a year later, families of these students tell me that they are only allowed to purchase "fair trade" chocolate!
Kids' curiosity about a familiar product, chocolate, turned into local actions of becoming responsible citizens, as well as honing communication skills. By writing opinion essays and creating instructional posters, they worked to convince others to take care of our planet, both locally and globally.
Photo: ©Michel Gunther/Biosphoto/Minden Pictures
The Music Man: Tension and Release in Music—and in Life
Who: Chris Gleason
What: Instrumental Music
Where: Patrick Marsh Middle School, Sun Prairie, Wisconsin
The goal of this lesson was to explore the growth of tension and the necessity of release, both in music and in students' own lives. I wanted them to not only discuss tension and resolution but to feel it.
"Let's think about the patterns and cycles of your own lives," I said. "Some cycles are busier—full of ideas, activities, stress. At other times, you might find yourself with the space to reflect and recharge. In music, it's similar. We refer to music layers of activity and energy as tension, and the sounds that move us away from this energy as release, or resolution. Composers may do this in obvious or subtle ways. All music depends on these patterns."
I then had students form small circles. Each group had a large elastic band I called a "tension show-er." I had them face inward, holding the band, and express moments of tension and resolution in music that I played. Afterward, they discussed how they felt as the music moved from tension to release. Finally, I said, "Now consider this: The composer decided at what moment the release was needed. How is that determined in your own life?"
Photo: Asiseeit/iStock
Living Book: A Photo Spurs a Text Connection
Who: Gloria Pereyra-Robertson
What: Kindergarten
Where: Washington Elementary School, Medford, Oregon
On my journey as the 2017 Oregon State Teacher of the Year, I was fortunate enough to go to Washington, D.C., and take pictures of historical sites that many of my students have only seen in movies or in books we share in the classroom. After looking at the photos I took in D.C., my students kept making references to a book we had read five months prior to my trip: Young Martin's Promise, by Walter Dean Myers. Upon seeing a particular picture from my trip, one of my students squealed, "OMG, teacher! You are standing where Martin Luther King was standing in our book. You are where he gave his big speech." (We were standing with the Washington Monument in the background.) Immediately, another student went to my bookshelf and took out the book and said: "Guess what, teacher? She is right. You are standing in a special place, just like the characters in the book."
My students taught me in that moment that when you select great literature, with great illustrations, and combine it with art, video, and writing, you can, as an educator, truly take a complex concept and have young students comprehend and retain the information for future use. Maybe, by sharing this book, my students can teach others about the need for equality to make our society stronger and a better place to live.
Math Magic: Asking the Right Questions
Who: Jessica Solano
Where: Highlands Grove Elementary, Lakeland, Florida
As students entered my room one day, a few began guessing what the sticky notes piled in the center of their teams' desks were for. Students brainstormed ideas like measuring how tall they were or creating bar graphs. Asking questions is something we've normalized in my class. We know that math helps us understand our world, but first we start with a question. "How many sticky notes would it take to cover the top of your desks?" I asked, sending them into a frenzy to solve the day's math mystery. Some placed their sticky notes in organized rows, while others tried to fit as many as possible onto their desktops. We paused so that I could provide a few clues, pointing out examples and non-examples as we walked around the classroom. Behind me, I could hear them whispering to one another, "Did you notice that team didn't have any spaces between their sticky notes but it's still a non-example? I think it's because they're overlapping. I know what we need to fix!"
As teams finished, I wrote the word area on the board and asked them to discuss possible definitions. Knowing that their creations represented this new word, teams began sharing their thoughts, eventually creating a vocabulary-rich definition that they could say was all their own.
Photo: Photoevent/iStock
The Council of Chief State School Officers (CCSSO) operates the National Teacher of the Year Program, which is the oldest, most prestigious national honors initiative that focuses public attention on excellence in teaching. This group is composed of one exemplary State Teacher of the Year from each U.S. state and territory. Each April, America's Teachers of the Year are announced by CCSSO and honored at The White House by the President of the United States.
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Train to Busan – Much Needed Life For The Zombie Film
On October 29, 2016 October 30, 2016 By outofdavesheadIn film review, Uncategorized2 Comments
Whether, like me, you feel the zombie genre hasn't offered anything new or exciting in a while, or whether you're still in thrall to the wave of undead films, games and TV shows swarming across our screens, Train to Busan will offer up fresh meat on those rotting bones. To put it simply, this South Korean horror movie has become a late entry on my top films of the year.
The plot is straightforward; a disparate group of passengers board a train just as we are given glimpses that something bad is happening around them. The bad thing, of course, is a zombie apocalypse and director Yeon Sang-ho handles the perfectly timed build like a master, cluing us in ahead of the characters just enough so we feel the noose tightening around them.
Really, saying anything more than that regarding the plot would just spoil the fun for you, suffice to say that all hell breaks loose and the passengers of the train must survive long enough to reach the promised safety of the final stop, the city of Busan.
The film knows what it wants to be and revels in the pleasure of a non-stop barrage of thrills and chills. But, much like George Romero's high point in the zombie genre, Dawn of the Dead, Sang-ho uses the film to make some barbed comments on society. That it makes them is worthy of attention and even though the film makes them a little bluntly on occasion these moments tend to be undercut with character building emotion, so they're rarely wasted. One particular revelation is actually groan-worthy in its attempt to tie things up too neatly, but the director is smart enough not to linger on it too long before leaping into the next bravura sequence.
And bravura these sequence are. In the interests of keeping this review spoiler free I'll just mention a favourite, prolonged sequence where our core group of passengers attempt to rescue another group trapped at the rear of the train, meaning they will need to pass through several train cars of zombies – and back again. It's a sustained line of set pieces highlighting both the film's ease with character development and its ability to ratchet up the tension, making smart use of some interesting wrinkles on the usual zombie characteristics and in particular of the location and its surroundings. You might even shed a tear or two.
There are some clichés here to be sure (the noble sacrifice gets more than one airing), but Sang-ho and writer, Park Joo-suk give their characters enough life (the living ones at least) to carry you through any hiccups and do enough with the nail-biting action and visuals to make this a first class journey (…oh come on, I had to say it at some point in this review).
Train to Busan is a wonderful, high concept action/horror movie told with breathtaking confidence. Stylish, elegant and exciting, this is destined to become a major cult horror movie, regarded in the same revered breath as John Carpenter's run of work from the late 1970s through the 1980s. A far less interesting Hollywood remake surely beckons.
Just when you think there's little left to be said or done with the walking dead, along comes a movie which shows there's life in those shambling old creatures yet.
Daniel Radcliffe Is The Only Stiff Thing About Swiss Army Man
On October 18, 2016 October 18, 2016 By outofdavesheadIn film review, Humour, Uncategorized1 Comment
What if I were to tell you that the most heartwarming, life affirming movie of the year involves the farting corpse of Harry Potter showing Paul Dano the meaning of friendship and love? I should mention that it also verges on being a musical.
If that seems unlikely, then the opening of the film, written and directed by Daniel Scheinert and Daniel Kwan, will do little to persuade you. Dano, marooned and hysterically lonely on a tiny desert island, is attempting to commit suicide before being saved by the appearance of Daniel Radcliffe's flatulent corpse washing up on the beach.
What follows next is a journey, both geographically (although that might be part of a grander delusion) and emotionally, of these two lost souls, who gradually connect with each other and, in that bond, reconnect with the world they left behind.
Dano is charming, desperate and possibly off his rocker, but he makes being delusional seem like a highly likable trait (for most of the running time, at least), while Radcliffe further proves his post-Potter career as being of increasing interest. His corpse is, paradoxically, full of life, showing constant curiosity at the strange new/old world that's trying to come back into focus around him. Despite the constant farting, he is as likable as his co-star, and their utterly charming relationship is a joy to behold even as it flirts with homo-erotic necrophilia. How many films can you say that about!?
It's all as strange as it sounds, but the quirkiness is held together by a strong emotional core, never quite tipping over into careless whimsy (though a large chunk of the final act veers dangerously close). This is a film full of beautiful and fragile moments, while at the same being chock full of farts and erections. It's a bold and beguiling mix and the music score and songs, by Manchester Orchestra's Andy Hull and Robert McDowell are magnificently uplifting, adding yet another wondrous layer to this strange confection.
If you're not put off by the bizarre description you're likely to be rewarded with a disarming buddy movie quite unlike any other, one that will make you laugh out loud and tug at your heartstrings. It will linger in your mind long after the final hilarious sequence which somehow manages to turn flatulence into something quite emotional.
And if all that doesn't convince you, where else can you spend so much time focusing on a dead Harry Potter's rampant erection!? Trust me, there's nothing stiff about this film (apart from Daniel Radcliffe).
No Bullshit, The Greasy Strangler Is Warped But Brilliant!
On October 17, 2016 October 17, 2016 By outofdavesheadIn film review, UncategorizedLeave a comment
Big Ronnie is a grinning grotesquerie who wanders around in a series of bizarre outfits, frequently with his nasty-looking penis dangling halfway to his knees. When he isn't dragging his poor emotionally stunted, needy son, Big Brayden, around to present a tourist trap disco tour of derelict locations, Ronnie covers himself in layers of thick grease and violently murders anyone who crosses him. Or even poor, hapless souls who don't cross him. Ronnie is not exactly picky when it comes to strangulation.
Underneath the unwashed y-fronts, (literally) in your face fart gags and dangling penises there beats a curiously affecting, albeit diseased, heart. The murder plot eventually gives way to the story of a father and son finding each other after years of emotional abuse, before tailing off into a deep end of… well, actually, I'm not sure exactly what happens at the end. There might be a point to it all, but I'm not sure it actually matters if there isn't. At the very least you're sure to come away from a viewing wanting to sing and dance to the line "Hootie Tootie, Disco Cutie!" As cinematic gifts go, that's pretty decent.
There's nothing remotely real-world about Jim Hoskings' film, and yet it's not difficult to imagine these characters existing on the fringe of society, too out there even to be featured on reality TV shows and living on the same block as Pink Flamingos' Egg Man and Connie & Raymond Marbles, or even Blue Velvet's Frank Booth in a lighter mood.
Imagine a film that has some of the oddball feel of a Napoleon Dynamite sequel as made by John Waters, featuring a synth-driven electro pop score, with lashings of sex, gore and greasy murders, and you'll get a good feel for what you're letting yourself in for. There are moments of such out and out goofiness (Ronnie's spotlit, street disco solo – all wild hair, gangly legs and dangly cock – being a prime example) that you can't help but warm to the strangeness being thrust in your face.
The three leads (Michael St. Michaels, Sky Elobar, Elizabeth De Razzo) give fearlessly physical, genuinely off-kilter performances, putting Jared Leto's pissant Suicide Squad Joker to shame with what they dare to do for the camera, and still manage to make their characters just a little more than cartoons, giving their three way love triangle more heart than the constant anal fingering might suggest. But don't worry if you think it's all going to get too touchy-feely… there'll soon be a phone sex scene of junior furiously fiddling with his infintesimal cock while mouthing sweet nothings to his amore, such as "Imagine me stroking your clitoris with a pink feather and then you cradle my sack." This might be the film that the acronym WTF was made for.
The Greasy Strangler is, as they say, not a film for everyone. But it is one of the more bizarre and frequently laugh out loud funny films I've seen in a long time. It also has the best and most disgusting prosthetic movie wang since Mark Wahlberg's Boogie Nights dazzler. So you know you're getting bang for your buck.
Doctor Strange Trailer Goes Full Psychedelic
On October 10, 2016 October 10, 2016 By outofdavesheadIn film trailer, UncategorizedLeave a comment
Since all of the previews of Marvel's forthcoming Doctor Strange movie to date have focused on the impressive yet Inception-inspired visuals of cityscapes folding in on themselves, there has been much nervous talk that the company and director Scott Derrickson would not go full on psychedelic.
Happily, the IMAX featurette released today (see below) can put our little fanboy hearts to rest, for right there, snuck into a piece by Marvel's head honcho, Kevin Feige, rhapsodising about the comic book genius of artist (and Doctor Strange co-creator) Steve Ditko, is a sequence of visuals guaranteed to bring a smile to the faces of long-time fans (though… nerd alert… it's a shame neither of the visuals accompanying the talk by Feige are actually drawn by Ditko, but still…).
Obviously (and happily) Marvel and Derrickson have been holding back to reveal too much before the film's release in November, but these glorious visuals look like a page of Ditko 1960s inspired psychedelia come to life.
As a card carrying (well, FOOM card carrying) Doctor Strange fan since the early 1970s I can honestly say this has me even more excited about what looks like Marvel's full step into cosmic weirdness.
I've got my cloak of levitation and all-seeing Eye of Agamotto ready for November 4th, see you at the cinema!
Iron Fist, The Defenders and… Sigourney Weaver!
On October 9, 2016 October 9, 2016 By outofdavesheadIn TV news, UncategorizedLeave a comment
With Luke Cage seemingly another success for Marvel and Netflix (albeit one receiving more of a mixed signal from critics – and I mean regarding its dramatic qualities, rather than the absurd non-argument about the wonderful diverse cast coming from dull witted racists), excited viewers have been looking towards their next fix for binge watching from this team.
And this weekend at the New York Comic Con, the companies have dropped two fabulous pieces of information. First up, the first, full teaser trailer for Iron Fist (which finished filming just yesterday).
There's been some discussion from fans of the comics that this might be the show to veer furthest away from its four colour origins, but for those concerned with such things (and you can count this author among those) the signs are encouraging in this latest and more revealing trailer. Full on kung fu action? Check. Dragon tattoo on his chest? Check (Though if he gains that tattoo by fighting with a giant, fiery dragon, a la the comics, I'll be a monkey's uncle). Glowing fist of power? Check and double check.
As you can see in the trailer, "The Final Defender Arrives" which leads to the other major morsel dropped by Marvel, that the villain for the big team up series, The Defenders, featuring Daredevil, Jessica Jones, Luke Cage and Iron Fist, is none other than Ripley herself, Sigourney Weaver.
The thought of these superb characters coming together in one, big Netflix-tastic mash up is enticing enough, but the knowledge that they'll be squaring up against La Weaver is enough to make this must see TV already.
Iron Fist drops March 17th, 2017 while The Defenders is expected to drop later in the year. I've already booked my place on the sofa for both!
The Thinning – It's Not About Hair, You Know…
On October 7, 2016 October 7, 2016 By outofdavesheadIn film trailer, UncategorizedLeave a comment
My first thought on seeing this trailer for forthcoming YouTube Red movie, The Thinning, was that it was going to be a story about hair loss.
Introduced by "YouTube star" (it says here) Logan Paul with the words "Hair flip. What's up?" as he tosses his not quite flowing mushroom bobbed locks to one side, I envisioned this poster child for white male privilege having to endure the horrors of thinning hair during the course of the film, surely ensuring he'd never be allowed to party at Spring Break again.
But no, instead the Young Adult movie is something to do with a whole lot of equally white teens with full heads of hair having to take basic intelligence tests (well, there's your problem right there, of course). Preying on the fear of exams this seems to entail some shady government plot to cull people with imaginary names (Logan Paul, Peyton List, Calum Worthy… ha ha, Calum Worthy…) who are ejected from their shopping mall utopia to go live with people with bad skin care routines, no Vine account and club cards at Wal-Mart. So basically, it's a horror movie for people who frequent Urban Outfitters.
Or maybe it's about killing off the really dumb teens, I couldn't remember the plot thirty seconds after finishing the trailer, just Logan Paul's hair.
I'm still trying to work out whether this is one of the most ghastly things I'll never watch, or if it's actually a work of genius – a film completely populated by fully-realised CGI simulacrums who have been named by committee (…ha ha, Calum Worthy).
Either way, The Thinning isn't about hair loss. Which seems like something of a missed opportunity to me. But then I'm not Logan Paul.
"Hair flip!"


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It's fairly well accepted now that meth testing is essential before buying or tenanting a property. These days there are many different companies to choose from and the costs vary considerably depending on the type of test and ability of the tester. Here we seek to clarify what the various tests are and what they are likely to cost.
This is by far the most common test and certainly the most affordable. Here a technician will use a test to provide you with a basic yes/no type answer as to the presence of methamphetamine contamination in the property. A screening test that provides you with a level of contamination should be considered as a very tentative result pending a proper pre-decontamination test. Screening tests are not adequate if it is already known that contamination exists in a property. To commission one after contamination has already been identified is a waste of money.
In the right set of trained hands we recommend In-field Screening Tests whereby individual rooms/areas are sampled and a positive/negative type result is obtained for each individual area. These tests are sensitive to a specified cut-off level (usually 0.5 µg/100cm²) and would not alert you to levels below this cut-off in each area. That said, below that cut-off any contamination would be well below any commonly accepted harmful level. While the results obtained for these tests can be obtained instantly on the spot, it would be very poor scientific practice to set-up and complete them on the premises. Usually they would be properly labelled and taken where mistakes like cross-contamination are eliminated. Results are available on the same day as the test. Most of the time in-field screening tests cost around $300 for 5-8 samples, depending on the tester. We favour this testing method for screening tests. A major advantage is that the sampling does not damage paintwork whereby laboratory samples can sometimes leave tell-tale square patches on the surfaces.
Another very commonly used screening test is known as the Field Composite. This involves sending samples to a laboratory overnight for analysis but as a cost-saving measure fewer samples are processed so swabs are combined into one or two lab tubes for an average result. The result is a µg/sample number but it has to be taken with caution as it will not give you the exact location where the contamination was obtained and it does not offer a conclusive result for each area. That said it is far better than the old way that many testers still use, affectionately known as the 'bum-wipe' method. This involves using one single laboratory swab and using it 6-8 times throughout the property. Far too many testers have been trained to use this method. The resulting µg/sample is likely to cause panic as there is no indication whatsoever as to where the contamination was found. For example you might get a letter telling you that 4µg of methamphetamine was detected. That sounds awful but in-fact you won't know if that is made up of 4µg from the garage alone or 0.5µg from each of the 8 areas tested. At Residue Testing NZ we have never agreed with this method and most technicians with a science background disagree with it. Field Composite testing would be charged by the number of lab samples, so anyone charging around $200 for a test is likely using just one lab sample. Testers charging upwards of $300 would hopefully be using more than one.
There is one more method that is becoming more widespread. Known as Laboratory Compositing it involves the use of multiple laboratory samples for a more acceptable sampling methodology. At the lab they take a small portion from each sample and add them together to give one result. Once again you will not know where the contamination is located but you will have better overall average results than the Field Composites above. The costs for this kind of test usually range above $300 depending on the number of areas sampled.
Once a property has been identified as having methamphetamine contamination the only correct course of action is a proper de-contamination assessment. There is no point in paying someone to do another screening test if you already know it is there, unfortunately we see this all too often.
A proper decontamination assessment will involve separate laboratory samples for all areas in the property. This may even involve more than one for large spaces. It is not uncommon for 8-15 individual samples to be sent to the laboratory. This test should focus on representative samples from each area rather than hunting down the areas that are likely to yield the highest result. While a screening test may involve taking swabs from the bathroom fan, a full assessment should rather focus on the bathroom wall to provide a more accurate idea of what the real contamination looks like.
If you consider that each laboratory sample is probably going to cost around $200, these assessments can add-up to quite a lot.
The Draft Standard for Testing and Decontamination of Methamphetamine currently being developed by Standards New Zealand also seeks to provide a minimum of relevant information along with the laboratory result. Photographs, property and sampling surface descriptions will help build a better picture to enable a decontamination professional to make the property safe. These requirements will likely push the costs up but are necessary.
Most people will choose a screening test before purchasing a property or as a baseline before incoming tenants. This is fine provided you understand that it is screening. Anyone who does a screening test then provides you with a level should qualify that by saying that it is NOT the conclusive result for the property.
If there is already a screening test or evidence that methamphetamine contamination exists, it's time to move to the next stage and commission a pre-decontamination assessment.
At Residue Testing NZ our trained technicians can discuss testing options with you. We aim to provide advice without causing panic.
Ph 0800 003636 to speak to a technician in your area.


Identified an amusing or truly useful Video on Facebook yet can't download it? How to Download A Video From Facebook to My Phone: Facebook app does not permit you to Download the video clips straight on your phone as well as there's absolutely nothing you can do regarding it. But before you hit search as well as find some applications that don't exactly let you Download Facebook video clips on your phones but shows loads of adverts, there's one last point you can do. I have figured a convenient method and also believe me, you will thank me later.
The first thing you will certainly have to do is Download an application called MyMedia from the App Store. The app resembles a download and also file manager using which you can manage your media files on iphone. After the app is installed, open up the Facebook application and look for the Video you wish to Download.
After you play the Video, you will certainly have the ability to see the choice to share the Video. Faucet on the option and also choose Copy Link. This will certainly copy the direct LINK of the Video to your iOS clipboard.
Currently open up the MyMedia application and also it will certainly offer you an internet browser. Right here, open a website called savefrom.net and also paste the Video URL link duplicated from Facebook app and faucet on the button to translate the Video web link. Depending upon the Video, you may get the alternative to choose HD or SD download. Touching on the alternative will certainly give you the choice to Download the Video.
Please Keep in mind: If savefrom.net is stating that download web link is not discovered, after that attempt downfacebook.com and paste the web link there.
The application will certainly after that ask you to give a name to the Video and also start the download. When the download is completed, you will certainly be able to see the file in the Media tab of the application.
Currently you can see the videos straight from the app. In addition you could prefer to save the Video to cam roll or show to other apps like WhatsApp as well as Twitter.
Below's how you could Download Facebook videos with no added applications. All you need is Google Chrome for Android.
- Open up the Facebook application on your Android smartphone or tablet computer.
Make certain you do not touch 'Save Video' because it will not save externally. You will need to see your Facebook save video clips tab to play video clips. The method below is to save it on the surface on the storage space and can be shared or moved to other device or just WhatsApp to your close friends or get in touches with.
As soon as you have actually duplicated the Video link to the clipboard, here's the magic.
Long press on the address bar and tap paste. Log right into your facebook account if asked. The minute Facebook Video page is filled, play it.
- Press as well as hold the on the playing Video, a Download Video choice will certainly appear.
- Hit it and also the Video will certainly be downloaded to the storage. A notice will pop up and the downloading and install beginnings.
We tried with the iPhones however it never worked on Chrome or Safari. For Windows, repeat the very same steps in the Edge web browser. It deals with Google Chrome for Android and also Microsoft Edge on Windows Phone.
If you have actually attempted this technique and benefited you, do share with your close friends on the social networks to let them know. This is the simplest technique available now to Download Facebook video clips on Android gadgets.


For the third time in five years I'm making the trek from our HQ in Toronto to Rootscamp in Washington DC. Rootscamp, is a digital-first unconference popular with the political & advocacy NGO crowd. It goes without saying that this year will be different after the election of President-elect Trump last week, but that's a whole other conversation.
This year I'll be joined by our CEO / Creative Director Amy Stuart and our Digital Campaigner Aliya Bhatia. Want to keep up with each or any of us during the conference?
Josh Stuart (that's me!) will be managing the our Facebook page during RootsCamp and I can be followed on Twitter and Instagram.
Aliya Bhatia will be managing our Twitter account and you can keep up with her on her own Twitter or Instagram.
Amy Stuart will be managing our Instagram account and you can keep up with her on Twitter or Instagram.
Want to grab a coffee or beer during over the weekend? Text COFFEE or BEER to 16474960465 and we'll set something up.


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Miranda Lambert Wins Big (Again) at Country Music Awards
Kacey Musgraves performing at the CMA Awards in Nashville, Tennessee, Wednesday night.
Welcome to American Mosaic from VOA Learning English.
I'm Caty Weaver.
The Country Music Association held its yearly awards Wednesday night in Nashville, Tennesee. Country music stars were out in full force for the event. But the night included rock and pop stars too.
The biggest winner at the event was musician Miranda Lambert. She won four awards, including Single of the Year. Lambert's song "Automatic" was the honored single.
Miranda Lambert also performed a definitively non-country song with the currently very popular singer Meghan Trainor. The two shared the stage for Trainor's song "All About That Bass." The song praises women who have a little extra weight on their bodies.
Artists Carrie Underwood and Brad Paisley were hosts of the awards show again this year. The two stars made fun of everything from Tuesday's elections in the U.S. to actress Renee Zellweger's recent cosmetic surgery. The operation greatly changed the movie star's face.
Carrie Underwood said, "We refuse to joke about Renee Zellweger." Paisley agreed and added, "she could be here." Underwood answered with "I mean, how would we know?"
One surprise at the Country Music Association awards was Kacey Musgrave's win for Song of the Year. "Follow Your Arrow," includes references to marijuana use and homosexuality. These are not common themes in mainstream country music.
Taylor Swift's recent break with the country world was also noted at the show. Hosts Underwood and Paisley said the industry was suffering from "PPTSD" or post-partum Taylor Swift Disorder.
Swift was in the news this week for another musical departure. The music star removed her music from the streaming service Spotify. She told Yahoomusic.com that the music industry is changing quickly. She said everything new, including Spotify, seems like a major experiment. The artist said she was not going to provide her "life's work" for an experiment.
Taylor Swift broke another record this week. She became the first artist to have three albums sell one million copies in the first week of release. Her most recent "1989" sold more than 1.2 million. It was released October 27th.
That is Luke Bryan. He won the CMA's biggest award Wednesday night. Country music legend Garth Brooks presented Bryan with the Entertainer of the Year award. It was hard to be sure what the young singer was happier about -- winning the award or meeting Garth Brooks. "Hey Garth," Bryan said, "Can I hug you again?"
Caty Weaver wrote this report. Jeri Watson was the editor.
stage – n. a raised platform in a theater, auditorium, etc., where the performers stand
host – n. a person who talks to guests on a television or radio show
cosmetic surgery – n. medical operations that change or improve the appearance of a physical feature
reference – v. to mention (something or someone) in speech or in writing : to refer to (something or someone)
mainstream – n. the thoughts, beliefs, and choices that are accepted by the largest number of people
departure – n. the act of leaving
legend – n. a famous or important person who is known for doing something extremely well
Now it's your turn to use these Words in This Story. In the comments section, write a sentence using one of these words and we will provide feedback on your use of vocabulary and grammar.


If you want to switch to EE and keep your current mobile telephone number you will need a PAC code (porting authorisation code) from your current mobile telephone network operator. This will allow you to transfer (port) your existing mobile phone number to EE .
We have full instructions for obtaining your PAC Code. You can use our handy tool to get full instructions for obtaining your PAC Code and using it to switch to EE .
Why Switch to EE ?
Switching to EE is likely to save you money!
The EE network gives you the biggest 4G coverage in the UK and if you choose an EE 4GEE Max plan, you will also benefit from the fastest speeds. By 2020, EE hope to achieve 95% UK landmass coverage with their network.
EE also offer free Apple Music, giving you 6 months of Apple Music with access to millions of songs, playlists and recommendations plus the data to stream it - all on EE. You can also add your family to your account and dish out sprae EE data to whoever you want!
EE are committed to keeping you connected in even more places so wherever there is WiFi, you can call and text using EE.
To prevent you going over your data allowance by accident, EE offer data caps so you will always be in control of your spending.
If you take EE Home Broadband, then you can boost your EE mobile data by up to 20GB a month.
EE Student Deal - If you are in full-time education you can get 20% off a phone, SIM-only or mobile broadband contract with EE. On top of that, they will give you an extra 500MB of data for free, each and every month!
EE are also bringing you the best live action with the BT Sport app - and letting you watch it on your TV as well as your phone. Simply cast the game from your EE phone to your telly using Apple TV or Google Chromecast. Then you can enjoy some of the biggest footballing events, as well as BT Sport Fight Night Live boxing, MotoGP race days, cricket, American sports and lots more. Courtesy of EE. And best of all, with EE, you get the first three months of access to the app with casting free.
As mobile phone technology improves and becomes cheaper, and with increased competition among the mobile phone network operators, the result is cheaper mobile phone tariffs. If you want to move from your current mobile phone network to EE you will be able to keep your mobile phone number - you will need a PAC Code.
Take advantage of the latest EE mobile phone tariffs and take advantage of the fact that you can keep your existing mobile phone number, saving you money, time and effort updating contacts with a new number.
We know your mobile phone number is important to you. So take it with you when you switch to EE .
EE have announced that they will be selling the new Samsung Galaxy Fold very soon. EE has exclusive rights so you will be one of the very first people to discover this new handset if you switch to EE.
You can register your interest on EE now, so you are ready to switch to EE using our handy tool.
The new Samsung Galaxy Fold features a completely new shape to the device, and combines Samsung technology with a cutting-edge design, changing the way you work, browse and play.
To get the new Samsung Galaxy Fold with EE, use our handy tool now to keep your mobile number when you switch!


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FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07
Court mandate delayed because of FERC crying wolf, even though Sabal Trail has been shut down most of the past six, now seven weeks. So the three little pigs get a temporary reprieve from the Big Bad Wolf of sun and wind power.
Gavin Bade, E&E News, Feb. 8, 2018, Court filings stave off Sabal Trail pipeline shutdown, for now,
But Wednesday came and went this week with no word from the court.
E&E reports that may be because judges need time to consider some last-minute filings in the case.
What are FERC and Sabal Trail so scared of? The wind and the sun:
'Then I'll huff, and I'll puff, and I'll blow your house in.'
So he huffed, and he puffed, and he blew his house in, and ate up the little pig.
Illustration for The Story of the Three Little Pigs, in English Fairy Tales, Joseph Jacobs, 1895 New York: Grosset & Dunlap (2nd edition?) Boston Public Library.
For the entire four years since the Sabal Trail pipeline was first announced in 2013, renewable energy has produced more new U.S. energy than natural gas, according to FERC's own Office of Energy Projects Energy Infrastructure Update For December 2017. Those are the wolves after those poor little piggy pipeline Applicants: solar and wind power. It turns out regulatory capture (FERC brags that it is 100% funded by fees and charges on the same companies it supposedly "regulates") and guaranteed utility profits are straw before the economic wind of renewable energy.
Ellen M. Gilmer, E&E News, February 8, 2018 , Pipeline shutdown battle set to continue,
Supporters and opponents of the Sabal Trail pipeline and related projects in the Southeast are settling in for another couple of volleys of legal filings, an anticlimactic turn after the project appeared poised to shut down this week.
The story describes the FERC cry of wolf we wrote about yesterday, and says those "eleventh-hour court filings pleading for more time" slow down the Court by a few weeks. The story continues:
The Sierra Club, which filed the underlying lawsuit challenging Sabal Trail, will submit a response to the filings by next Friday. Attorneys for the environmental group say the Federal Energy Regulatory Commission is trying to sidestep a 2017 court order that required the agency to take a closer look at climate impacts.
"The court's order was clear: FERC must re-analyze the threats this Project poses to our air and climate to determine whether re-issuing a Certificate is appropriate and on what terms," managing attorney Eric Huber said in a statement. "FERC's analysis that concluded the greenhouse gas emissions of this Project were not significant is not sufficient. We trust the Court will reject FERC's latest efforts to keep this fracked gas pipeline open."
After the Sierra Club files its opposition, FERC and pipeline backers Spectra Energy Partners LP, NextEra Energy Inc. and Duke Energy Corp. will have a chance to respond before the court issues its decision on whether to grant a 45-day stay of the mandate, as FERC requested, a 90-day reprieve, as the pipeline companies requested, or neither.
The story then spells out that FERC and Sabal Trail and its affiliates hope the delay will give FERC time to "save the project".
As we pointed out yesterday, there is no need for this pipeline, and shutting it down can't do much harm considering it has been shut down much of the past six weeks.
Shut down again, Graphs
Make that seven weeks, because despite Greenwire's assertion yesterday that "The Sabal Trail pipeline won't shut down today." according to Sabal Trail's own FERC-required Informational postings, Sabal Trail is shut down again today, shipping zero gas.
Like most of this year, Graphs
And most of the past seven weeks, Graphs
Still looking forward to that mandate, DC Circuit Court.
This entry was posted in Law, Pipeline, Solar and tagged Big Bad Wolf, Boston Public Library, certificates, conservation, cry wolf, DC Circuit Court, DEF, Duke Energy Corp., Duke Energy Florida, Enbridge, English Fairy Tales, Federal Energy Regulatory Commission, FERC, J. Jacobs, Law, NextEra Energy Inc., north Florida, pipeline, river, Sabal Trail Transmission, solar, south Georgia, Spectra Energy, Spectra Energy Partners LP, Suwannee Riverkeeper, Three Little Pigs, watershed, wind, WWALS, WWALS Watershed Coalition on February 8, 2018 by jsq.
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Xerox Litigation Agreement - Palm Inc. and PalmSource Inc.
This Xerox Litigation Agreement (the "Agreement") is executed on June 3, 2003 and made effective as of the Effective Date (as defined below), by and between Palm, Inc., a Delaware corporation ("Palm"), having an office at 400 N. McCarthy Blvd., Milpitas, California 95035 and PalmSource, Inc., a Delaware corporation ("PalmSource"), having an office at 1240 Crossman Avenue, Sunnyvale, CA 94089.
1.1 ANCILLARY AGREEMENTS. "Ancillary Agreements" means the items and agreements listed in Section 3.1 of the Master Separation Agreement and all agreements and documents contemplated by such agreements.
1.2 COVERED OS VERSIONS. "Covered OS Version" means version 5.0 through 5.1 and 4.1.1 and earlier versions of the Palm OS®.
1.3 EFFECTIVE DATE. "Effective Date" means .
1.4 GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT. "General Assignment and Assumption Agreement" means that certain General Assignment and Assumption Agreement entered into between Palm and PalmSource on May 9, 2002 and made effective as of the Separation Date, as amended as of the Effective Date.
1.5 INDEMNIFICATION AND INSURANCE MATTERS AGREEMENT. "Indemnification and Insurance Matters Agreement" means that certain Indemnification and Insurance Matters Agreement entered into between Palm and PalmSource on May 9, 2002 and made effective as of the Separation Date, as amended as of the Effective Date.
1.6 LITIGATION DISCLOSURE LETTER. "Litigation Disclosure Letter" means that certain Litigation Disclosure Letter delivered by Palm to PalmSource pursuant to the terms set forth in Article II, Section 2.1 of the General Assignment and Assumption Agreement.
1.7 MASTER CONFIDENTIAL DISCLOSURE AGREEMENT. "Master Confidential Disclosure Agreement" means that certain Master Confidential Disclosure Agreement entered into between Palm and PalmSource on May 9, 2002 and made effective as of the Separation Date.
1.8 MASTER SEPARATION AGREEMENT. "Master Separation Agreement" means that certain Master Separation Agreement entered into between Palm and PalmSource on May 9, 2002 and made effective as of the Separation Date.
1.9 PERSON. "Person" means an individual, a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, an unincorporated organization and a governmental entity or any department, agency or political subdivision thereof.
1.10 SEPARATION DATE. "Separation Date" means 12:01 a.m., Pacific Time, December 3, 2001.
and PalmSource on May 9, 2002 and made effective as of the Separation Date, as amended and restated as of the Effective Date.
1.12 THIRD PARTY LICENSEE. "Third Party Licensee" means any licensee of PalmSource as of under a Third Party Software License Agreement.
1.13 THIRD PARTY SOFTWARE LICENSE AGREEMENT. "Third Party Software License Agreement" means any software license agreement to which PalmSource is a party granting to a third party a license to a Covered OS Version, whether or not such agreement was entered into by Palm (or its predecessors) prior to the Separation Date and assigned to PalmSource pursuant to the Master Separation Agreement and Ancillary Agreements or was entered into by PalmSource after the Separation Date, but excluding (i) any new such agreement entered into after and (ii) any amendment entered into after which expands the licensee's right to distribute Covered OS Versions with respect to the term, territory or field, unless PalmSource is required by the terms of such Third Party Software License Agreement to consent to such expansion.
(e) any future legal action by Xerox against any Third Party Licensee alleging infringement by such licensee of the Xerox Patent with respect to the Covered OS Versions distributed pursuant to a Third Party Software License Agreement, but only if such action is properly tendered to Palm in accordance with the terms of Article 4 below and only if PalmSource has met its obligations under Section 5.3.
1.15 XEROX PATENT. "Xerox Patent" means U.S. Patent No. 5,596,656.
decisions, hiring counsel, and settlement. PalmSource acknowledges and agrees that Palm has, at the request of PalmSource, so managed the Xerox Litigation prior to the Effective Date and waives any right to object thereto that may arise under the Master Separation Agreement or Ancillary Agreements, and otherwise waives any and all rights, claims and remedies relating to such management by Palm prior to the Effective Date. Palm's duty to defend the Xerox Litigation is limited to using the same counsel for other defendants (if any) as Palm uses for its own defense; provided, however, that if such counsel cannot represent one or more of the other defendants (if any) due to a legal conflict of interest, then the Parties will use their best efforts to obtain a conflict waiver and if this cannot be done, then Palm shall be obligated to hire separate counsel.
(b) Palm shall periodically inform PalmSource of significant matters relating to the Xerox Litigation. Without limiting the terms of Section 2.1(a) above, Palm agrees to consult with PalmSource at its request, and to consider PalmSource's input.
(c) Palm may consent to entry of any judgment or enter into any settlement or compromise any claim related to the Xerox Litigation without PalmSource's consent; provided that Palm shall obtain PalmSource's prior consent if the effect of such judgment or settlement is to (i) permit any injunction, declaratory judgment, other order or other non-monetary relief to be entered, directly or indirectly, against PalmSource, (ii) require the payment by PalmSource of future royalties, (iii) require PalmSource to make any payment not fully indemnified under this Agreement (other than payments made or costs incurred by PalmSource pursuant to Article 5), (iv) require PalmSource to grant any rights to any Person, including but not limited to a license to any of its intellectual property, or to take any action with respect to Covered OS Versions (other than such actions as are required pursuant to Article 5), or (v) otherwise affect the business, financial condition (including, but not by way of limitation, to require PalmSource to provide Xerox with debt, convertible debt or equity in PalmSource) or operations of PalmSource or the rights of Third Party Licensees, in each case under this clause (v) in a material way.
(d) Palm shall bear all costs and expenses (including without limitation attorneys' fees) related to the Xerox Litigation ("Costs") that are incurred beginning on June 1, 2003 (and in no event shall Palm be obligated to reimburse PalmSource for or to pay any invoices for any Costs incurred by PalmSource prior to such date and all such Costs incurred before such date shall remain the obligation of PalmSource); provided, however, that PalmSource understands and agrees that the following shall not be included as Costs: (a) the value of the time of PalmSource employees, consultants, and independent contractors spent on the Xerox Litigation, and (b) any fees or costs associated with PalmSource's or its licensees' hiring or use of its own independent counsel or other advisors for the Xerox Litigation (i.e., counsel different than the lead counsel selected and managed by Palm), provided that this clause (b) does not limit Palm's obligations under Sections 2.1 and 3.1 of this Agreement. In addition, Palm shall have no obligation to reimburse PalmSource for any costs or expenses incurred by PalmSource in connection with the Xerox Litigation unless approved in advance in writing by Palm.
(a) Each party shall cooperate fully with the other party in the defense of the Xerox Litigation in a manner that will preserve attorney-client privilege and attorney work product protection thereto, including the joint defense privilege.
(b) In the event that either party receives any notice or other communication in connection with the Xerox Litigation that may affect the other party's rights and obligations under this Agreement, such party promptly shall notify the other party and provide a copy of such notice or communication or, if oral, information about such notice or communication in reasonable detail.
(c) PalmSource agrees to afford to Palm reasonable access to witnesses and Information that is reasonably required to defend the Xerox Litigation (as "Information" is defined pursuant to Section 1.4 of the Master Separation Agreement). The foregoing includes, but is not limited to, an obligation to provide access to qualified assistance to provide information, witnesses as necessary for trial and other proceedings, and documents to support the defense and respond to discovery requests.
3.1 INDEMNIFICATION AND DAMAGES. Palm shall indemnify and hold PalmSource harmless for and pay any and all liabilities, damages and all other monetary relief awarded to Xerox, however characterized, whether actual or enhanced, and any awards of costs, expenses and attorneys' fees, in the Xerox Litigation. For the purposes of clarification, and notwithstanding the foregoing, Palm assumes no liability for infringement claims arising from or related to the development, use, reproduction, sale or distribution of any version of the Palm OS other than Covered OS Versions.
3.2 SETTLEMENT AMOUNTS. Palm shall pay any and all amounts required to be paid in an agreement by Palm to settle the Xerox Litigation; provided, however, that Palm shall not be required to pay future royalties that PalmSource agrees to pay under Section 2.1(c) above.
3.3 SHORTFALL. Palm represents and warrants that it shall make the payments and meet the obligations of Sections 3.1 and 3.2. If Palm does not pay, or arrange for payment, as required under Sections 3.1 or 3.2 above, or otherwise satisfy in full its obligations to Xerox with respect to the Xerox Litigation, within sixty (60) days of (i) entry of a judgment against Palm, or, enforcement of such judgment against Palm is stayed, then within sixty (60) days after all such stays terminate, or (ii) the date for payment specified in any settlement agreement or arrangement with Xerox, then PalmSource immediately shall pay to Xerox the full amount required under Sections 3.1 or 3.2 above which remains outstanding on such date. Such payment by PalmSource shall not limit the obligations of Palm set forth above in Sections 3.1 and 3.2 and, to the extent PalmSource pays any money or other damages to Xerox pursuant to this Section 3.3, Palm immediately shall reimburse PalmSource therefore. PalmSource shall also be entitled to recover from Palm interest on any unpaid principal balance from the date due until the date paid at the lesser of ten percent (10%) per year or the maximum rate permitted by law.
THAT THIS LIMITATION SHALL NOT LIMIT PALM'S OBLIGATIONS EXPRESSLY ASSUMED IN THIS AGREEMENT.
In the event that any claim is brought against (i) PalmSource or (ii) a Third Party Licensee alleging infringement by such Third Party Licensee of the Xerox Patent with respect to the Covered OS Versions, Palm shall have the obligations set forth in this Agreement provided that Palm is notified of the claim within twenty (20) business days of written notice to PalmSource (but Palm shall only be relieved of its obligations to the extent that failure to notify prejudices Palm), given the exclusive authority to direct the defense or settlement negotiations, and rendered reasonable assistance. In the event that Palm pays to PalmSource any amounts in respect of a Third Party Licensee claim, then Palm's obligations shall be extinguished with respect to those amounts and Palm will have no obligation to pay the same amounts directly to the Third Party Licensee notwithstanding any failure of PalmSource to pay the Third Party Licensee. Should PalmSource fail to pay money received from Palm for payment to a Third Party Licensee and Palm is obligated to, and does, make payment to such Third Party Licensee, Palm may recover from PalmSource any money paid to such Third Party Licensee up to the amount paid to PalmSource, with interest (provided that these payments are made with the express agreement of the Third Party Licensee that the payment extinguishes PalmSource's liability with respect to that payment). Similarly, in the event that Palm pays to a Third Party Licensee any amounts in respect of a Third Party Licensee claim, then Palm's obligations shall be extinguished with respect to those amounts and Palm will have no obligation to pay the same amounts directly to PalmSource.
5.1 SOFTWARE LICENSE AGREEMENT. Except as specifically provided herein, this Agreement shall not affect any other rights or obligations of the parties as set forth in the Software License Agreement, including, by way of example and without limitation, any obligations of PalmSource to, at PalmSource's expense, provide infringement remedies, such as providing non-infringing substitute products, conducting product recalls, modifying current products to avoid further infringement or procuring applicable licenses, all as set forth in such Software License Agreement.
5.2 OTHER OBLIGATIONS TO THIRD PARTY LICENSEES. Palm assumes no responsibility for obligations to Third Party Licensees under any Third Party Software License Agreements other than those obligations specifically assumed by Palm in this Agreement, including, by way of example and without limitation, any obligations of PalmSource to, at PalmSource's expense, indemnify such licensees for any third party infringement claims other than the Xerox Litigation and to provide infringement remedies, such as providing non-infringing substitute products, conducting product recalls, modifying current products to avoid further infringement or procuring applicable licenses, all as set forth in such Third Party Software License Agreements. .
This Agreement does not affect any obligations of PalmSource pursuant to the Indemnification and Insurance Matters Agreement to indemnify Palm for a failure to perform such obligations.
5.3 FUTURE SOFTWA RE LICENSE AGREEMENTS AND OBLIGATIONS TO SUBSTITUTE. PalmSource represents that as of all licenses for the Palm OS entered into by PalmSource have been, and agrees that all licenses for the Palm OS entered into by PalmSource after the Effective Date will be, for versions that (i) are later than the Covered OS Versions or (ii) are otherwise not the subject matter of the Xerox Litigation. PalmSource further represents that as of it has, and agrees that it will continue to, use all reasonable commercial efforts to (a) notify Third Party Licensees, in accordance with the Third Party Software License Agreements, that the Covered OS Versions will no longer be certified by PalmSource; that Palm OS versions other than Covered OS Versions are available for their use; and that PalmSource will make all reasonable commercial efforts to assist and facilitate in the implementation of Palm OS versions other than Covered OS Versions, and (b) make available to Third Party Licensees an update to a Covered OS Version modified to avoid a claim of infringement under the Xerox Patent for any Covered OS Version that the Third Party Licensee is distributing.
The terms of the Master Confidential Disclosure Agreement between the parties shall apply to any Confidential Information (as defined therein) that is the subject matter of this Agreement.
This Agreement shall remain in full force and effect unless and until terminated by the mutual written agreement of the parties. Each party acknowledges and agrees that its remedy for breach by the other party of this Agreement shall be, subject to the requirements of Article 8, to bring a claim to recover damages subject to the limitations of this Agreement and to seek any appropriate equitable relief, other than the termination of this Agreement.
Dispute, then the Dispute will be mediated by a mutually acceptable mediator appointed pursuant to the mediation rules of JAMS/Endispute within thirty (30) days after written notice by one party to the other demanding non-binding mediation. Neither party may unreasonably withhold consent to the selection of a mediator or the location of the mediation. Both parties will share the costs of the mediation equally, except that each party shall bear its own costs and expenses, including attorney's fees, witness fees, travel expenses, and preparation costs. The parties may also agree to replace mediation with some other form of non-binding or binding Alternative Dispute Resolution ("ADR").
8.2 ARBITRATION. Any Dispute which the parties cannot resolve through mediation within ninety (90) days of the Dispute Resolution Commencement Date, unless otherwise mutually agreed, shall be submitted to final and binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), by three (3) arbitrators in Santa Clara County, California. Such arbitrators shall be selected by the mutual agreement of the parties or, failing such agreement, shall be selected according to the aforesaid AAA rules. The arbitrators will be instructed to prepare and deliver a written, reasoned opinion stating their decision within thirty (30) days of the completion of the arbitration. The prevailing party in such arbitration shall be entitled to expenses, including costs and reasonable attorneys' and other professional fees, incurred in connection with the arbitration (but excluding any costs and fees associated with prior negotiation or mediation). The decision of the arbitrator shall be final and non-appealable and may be enforced in any court of competent jurisdiction. The use of any ADR procedures will not be construed under the doctrine of laches, waiver or estoppel to adversely affect the rights of either party.
8.3 COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right owned by one party by the other party; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
8.4 CONTINUITY OF PERFORMANCE. Unless otherwise mutually agreed in writing, the parties will continue to honor all other commitments under this Agreement, the Master Separation Agreement and each Ancillary Agreement during the course of dispute resolution pursuant to the provisions of this Article 8 with respect to all matters not subject to such dispute, controversy or claim.
Master Separation Agreement and the Ancillary Agreements (including the Software License Agreement) shall remain in full force and effect.
9.2 GOVERNING LAW. This Agreement shall be construed in accordance with and all Disputes hereunder shall be governed by the laws of the State of California, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The Superior Court of Santa Clara County and/or the United States District Court for the Northern District of California shall have jurisdiction and venue over all Disputes between the parties that are permitted to be brought in a court of law pursuant to Section 8 above.
9.3 DESCRIPTIVE HEADINGS. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized term used but not otherwise defined herein, shall have the meaning assigned to such term in the Master Separation Agreement and the Ancillary Agreements. When a reference is made in this Agreement to an Article or a Section, such reference shall be to an Article or Section of this Agreement unless otherwise indicated.
9.5 NONASSIGNABILITY. Neither party may, directly or indirectly, in whole or in part, whether by operation of law or otherwise, assign or transfer this Agreement without the other party's prior written consent, and any attempted assignment, transfer or delegation without such prior written consent shall be voidable at the sole option of such other party. Without limiting the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
9.6 SEVERABILITY. If any term or other provision of this Agreement is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the fullest extent possible.
9.7 FAILURE OR INDULGENCE NOT WAIVER; REMEDIES CUMULATIVE. No failure or delay on the part of either party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement or the Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
9.8 AMENDMENT. No change or amendment will be made to this Agreement except by an instrument in writing signed on behalf of each of the parties to such agreement.
9.9 COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement.
WHEREFORE, the parties have signed this Agreement effective as of the Effective Date.
This Amendment No. 1, dated this 22nd day of September, 2003, modifies that certain Xerox Litigation Agreement (the "Agreement") executed on June 3, 2003, between Palm, Inc., a Delaware corporation ("Palm"), and PalmSource, Inc., a Delaware corporation ("PalmSource").
1. Section 1.3. In Section 1.3 of the Agreement, the date June 1, 2003 is hereby inserted into the blank space.
2. Section 1.12. In Section 1.12 of the Agreement, the date January 31, 2003 is hereby inserted into the blank space.
3. Section 1.13. In Section 1.13 of the Agreement, the date January 31, 2003 is hereby inserted into both blank spaces.
Furthermore, in the second sentence of Section 5.3 of the Agreement, the date March 31, 2003 is hereby inserted into the blank space.
5. Agreement. Except as specifically amended by this Amendment No. 1, the Agreement shall remain in full force and effect.
In witness whereof, the parties have executed this Amendment No. 1 as of the date first above written.