text:
To pitch a tent wherever you want on uncultivated land is a right for everyone who roams this country – Norwegian or visitor. And it adds to the experience of Norway.
To find a nice spot and pitch your tent somewhere in the uncultivated land adds to the experience of Norway.
With a country such as Norway, with so many beautiful areas and scenery, you might think that the access is restricted or commercialized by someone. But that isn’t the case. To Norwegians (and visitors) it is a long-standing right to roam the land without restrictions. It is actually the law: It is forbidden to deny anyone access to uncultivated land. You can freely ride your bike onto a forest road, find a nice spot, and pitch your tent without the fear of doing something illegal. You can read the fast facts about this act here.
More often than not, I bring my tent when I ride around. It gives me the ultimate sense of freedom. With a little food and a stove in my pannier, I am totally independent – at least for a couple of days – and can choose my home for the night at my whim. To me, it adds to the experience of this country. Sure, it can be nice to book into a hostel, or rent a cabin or pitch your tent at a camp site. But to really feel the tranquility and vastness of this nature, a night or two in the wild is good. And that’s what we motorcyclist are all about, right? Wild and free and all that?


text: McCullough, J.P.; Finke, H.L.; Hubbard, W.N.; Todd, S.S.; Messerly, J.F.; Douslin, D.R.; Waddington, G., Thermodynamic Properties of Four Linear Thiaalkanes, J. Phys. Chem., 1961, 65, 784-91.

industry_corpus2: Technology & Research


text:
hellhole studios (Watertown, WI, USA) & Dopiate Studios (Wall, NJ, USA).
recorded and mixed and produced by Dene Young @ Underh20 Digital Studios, Tauranga NZ June 2000.
Remixed by The Mercy Cage, May 2000 @ V.E.T Labs, Tauranga NZ.
Remix and additional production by A.F.M/Jacean Mikhael. Jan 2001.
AFM appear courtesy of Visionary Distorted Productions.
Remixed by T.A.P. Austin TX, Jan 01.
Remix by RevLaye May 2000.
Remastered @ V.E.T Labs, August 2002.

industry_corpus2: Film & Entertainment


text:
BeckerTime is proud to offer this impressive Mens 36mm GENUINE ROLEX Solid 18k Yellow Gold Day-Date Watch ref #18038 with a Gold Champagne Dial. This is the QUICKSET MODEL with the SAPPHIRE CRYSTAL. It has been fitted with a custom hand-made dark brown “distressed” leather strap adorned with stainless steel skulls. This Rolex is in SUPER EXCELLENT CONDITION.
Band Genuine custom hand-made dark brown “distressed” leather strap. This band is not made by Rolex as it is a custom made aftermarket band of the highest quality that has been fitted with a GENUINE ROLEX GOLD TONE BUCKLE. Both ends of the strap (near the case) have been adorned with stainless steel skulls. This is a heavy very very very well made leather strap…one of the nicest money can buy!!!!!

industry_corpus2: Others


text: Area 1 regulates hunting opportunities for canada goose in Idaho and covers 56,135 square miles. Public lands comprise 39,756 square miles (71%) of the total land covered by this game management unit. The greater region is best serviced by Boise, Nampa, and Crystal. The elevation of the region ranges from a low of 800 feet to a high of 12,400 feet above sea level. Wildfires have burned nearly 161,079 acres here in the last two years, providing opportunities for new vegetation and attracting a variety of wildlife. This area contains 428 campgrounds, and 61 public fishing access sites. There are 513 trailheads that provide public gateways to these forested and wilderness areas: Beaverhead National Forest, Bitterroot National Forest, Boise National Forest, Bridger National Forest, Cache National Forest, Caribou National Forest, Challis National Forest, Clearwater National Forest, Coeur d'Alene National Forest, Gallatin National Forest, Kaniksu National Forest, Kootenai National Forest, Lolo National Forest, Nez Perce National Forest, Payette National Forest, Saint Joe National Forest, Salmon National Forest, Sawtooth National Forest, Targhee National Forest, Wallowa National Forest, Appendicitis Hill Wilderness Study Area, Bear Den Butte Wilderness Study Area, Black Butte Wilderness Study Area, Black Canyon Wilderness Study Area, Blue Joint Wilderness Study Area, Box Creek Wilderness Study Area, Burnt Creek Wilderness Study Area, Cedar Butte Wilderness Study Area, Centennial Mountains Wilderness Study Area, Corral-Horse Basin Wilderness Study Area, Craters of the Moon National Monument Wilderness, Crystal Lake Wilderness Study Area, Deer Creek Wilderness Study Area, Eighteen Mile Wilderness Study Area, Frank Church-River of No Return Wilderness, Friedman Creek Wilderness Study Area, Goldburg Wilderness Study Area, Gospel-Hump Wilderness, Grandmother Mountain Wilderness Study Area, Great Rift Wilderness Study Area, Hawley Mountain Wilderness Study Area, Hells Canyon Wilderness, Homestead Wilderness Study Area, Jerry Peak West Wilderness Study Area, Jerry Peak Wilderness Study Area, Little Deer Wilderness Study Area, Marshall Mountain Wilderness Study Area, Petticoat Peak Wilderness Study Area, Salmo-Priest Wilderness, Sand Mountain Wilderness Study Area, Sawtooth Wilderness, Sawtooth Wilderness Study Area, Selway-Bitterroot Wilderness, Snowhole Rapids Wilderness Study Area, South Fork Snake River Islands Wilderness Study Area, White Knob Mountains Wilderness Study Area. Additionally, 217 sites are open to the public for access to managed private lands.

industry_corpus2: Agriculture & Fisheries


text:
You have the right to withdraw form the agreement within 14 days without giving reasons.
Note: This does not apply to products made according to customer specifications (custom made products).
The withdrawal period expires 14 days after the date on which you or a third party designated by you, which is not the carrier, is physically in possession of product(s).
through an unambiguous statement (e.g. by letter, fax or e-mail) of your decision to withdraw from the agreement. You can use the attached model form for the revocation but is not required.
In order to comply with the withdrawal period, it is required you to send us a notice regarding your execution of the right of withdrawal before the withdrawal period has expired.
If you withdraw from the agreement, you will receive all the payments you’ve made up to that point, including delivery charges (excluding any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us) without delay and in any case, not later than 14 days after we have been informed of your decision to withdraw the agreement from us. We will refund you with the same method of payment as your original transaction, unless explicitly agreed otherwise; In any event, you will not be charged for such repayment. We may withhold reimbursement until we have received the goods back or you have shown that you have returned the goods, whichever comes first.
You must return the goods without delay, but in any case not later than 14 days after the date you notified us of your decision to revoke the agreement. You are on time if you return the goods before the 14 day period expires.
Please note: that for returns or refunds, the shipping costs will be covered by the buyer.
You are liable for the devaluation of the goods resulting from the use of the goods beyond what is necessary to determine the nature, characteristics and operation of the goods.


text:
Tango Be - "school" tandem, based at the school paraglider Tango.
Simple, reliable and unpretentious, this tandem is ideal for intensive use in flight schools - to get acquainted with paragliding, fly export, commercial tandems in difficult conditions. As a single Tango, Tango Bee good to fly with paramotor as when starting with legs and to fly on a motor trike.
From its single progenitor Tango Bi has inherited high horizontal speed, excellent maneuverability and perfect start.
Also, when ordering the glider you can choose your own combination of colors!
Necessary to consider that the real fabric color shade may be different from the image on the monitor.

industry_corpus2: Sports


text:
Philadelphia’s Little Baby’s Ice Cream are the masterminds behind the new pizza flavoured ice-cream and it's exactly what it sounds like. Made up tomato, oregano, basil, salt and garlic this ice cream certainly sounds a lot like a pizza.
The shop also suggests having the pizza ice-cream on top of a slice of pizza... Which begs the question, is this dinner or dessert?
Response to the ice-cream has been mixed to say the least, but good on them for thinking outside of the box!

industry_corpus2: Hospitality & Catering


text:
On Thursday 11 December at 6 pm, MOCAK Library invites you to a lecture by Justyna Prusinowska, PhD, as part of the series of sessions entitled The Avant-garde of Central and Eastern Europe – Innovation or Imitation?
The lecture will be in Polish.
A series of encounters with young reserearchers The Avant-garde of Central and Eastern Europe – Innovation or Plagiarism? carried out at the Faculty of Polish of the Jagiellonian University in Krakow has been financed by a grant from the National Programme of the Development of Humanities of the Ministry of Science and Higher Education.
The main aim of the project is to find the answer to the question whether it is possible to see the avant-garde movements of our part of Europe as a cohesive artistic genre and if so, what would make it distinct from Western and Russian movements.
Visit the web page of the project: www.awangarda-srodka.pl.

industry_corpus2: Subject Education


text:
Before the Caribbean-inflected spoken-word poetry of the 1990s, epitomized by poetry slams at the Nuyorican Poets Café in Manhattan, there was reggae. In the past thirty years, most Caribbean poetry written in English has come to the shores of the United States on waves of music, in the lyrics of Bob Marley, Peter Tosh, and Burning Spear. Kwame Dawes, himself a musician and poet, is not surprised by this phenomenon. The region's political and cultural awakening of the 1970s was fueled by a growing African consciousness, often in competition with the multiple traditions--European, Indian, Chinese--that have permeated many Caribbean nations for centuries. The influence of reggae has produced a poetry that is quite different from earlier work from the Caribbean, but this is only one more chapter in a tradition characterized by continuing tension with a diverse heritage.
The interviews in Talk Yuh Talk reflect a range of Caribbean voices from several generations, from those poets influenced by a dynamic interplay between the popular culture of reggae, calypso, folk music, and "yard" theater to those whose work is closer to classical forms of literature and oral narrative. Kwame Dawes talks with many of the most important poets to have emerged from the Caribbean who are still writing today. The poets discuss their techniques, their situations as poets, and the challenges they face in the profession and in their craft. Well-known figures like Lorna Goodison, Grace Nichols, Kamau Brathwaite, Fred D'Aguiar, and Martin Carter share space with such lesser-known but equally important poets as Mervyn Morris and Kendel Hippolyte.

industry_corpus2: Literature & Emotions


text:
Open nylon/rayon. 20-mesh aluminum oxide, 180 grit. Fully waterproof - can be used on both sides. Excellent on most plastic and metal tubing for roughening and deburring. Packed in handy dispenser box.
Dimensions 1-1/2 In. x 5 Yd.
Dimensions : 1-1/2 In. x 2 Yd.
Dimensions : 1-1/2 In. x 10 Yd.
Dimensions : 1 In. x 10 Ft.

industry_corpus2: Manufacturing


text:
When we send our parents, grandparents or other loved ones to a nursing care facility, we expect that they will be treated with nurturing kindness and will be provided good care. Unfortunately, nursing homes too often fall short of this expectation. Negligence and abuse is far more abundant than we would like to believe.
At Hof & Reid LLC, we aggressively pursue compensation on behalf of people injured by nursing home neglect and abuse. If your parent, sibling or grandparent has been injured as a result of nursing home abuse or neglect, contact our experienced personal injury attorneys to learn more about your family member's legal rights and remedies.
In serving clients throughout Pennsylvania, we maintain law offices in Bethlehem and Easton. To schedule a free consultation at either of our law offices, call 610-628-2355.
Bed sores and slip-and-fall injuries are two of the most common types of nursing home injuries. These and other injuries are often the result of caretaker neglect. In some cases, the nursing home simply fails to staff the home adequately with enough workers to appropriately monitor and care for its patients. In other cases, the nursing home fails to adequately screen and monitor its employees to ensure quality patient care is being provided by the staff.
Hof & Reid LLC is the firm to which nursing home residents of the Lehigh Valley turn for help when they have been injured by the neglect of their caretakers. We have extensive experience in cases involving serious and fatal injuries. No case is too big or too complex for our team of experienced personal injury attorneys. Collectively, our five attorneys have more than 150 years of legal experience.
To speak with a personal injury lawyer about nursing home abuse and neglect, contact Hof & Reid LLC online or call 610-628-2355.

industry_corpus2: Health & Medicine


text:
Please let me know the difference between "update rate" and "conversion rate".
Both "update rate" and "conversion rate" seem to mean f_ADC.
The timing characteristics can be seen on page 9 of the datasheet. It also includes the maximum SCLK of 5MHz, that is 1/200ns for t6 and t7.
We do not have an available sample code for AD7708. Although, I have attached a sample code for AD7718 which is similar to AD7708. You may use this as a reference to start off with your code.
In the oscillator circuit section of the datasheet, the AD7708 is intended for use with 32.768khz watch crystal or ceramic oscillator.
Specifically, which period will be reduced by 80msec?
I don't see any specifics in the datasheet for the AD7708 regarding crystal selection, other than frequency. Are there guidelines regarding tolerance, stability, and load capacitance? Thanks.

industry_corpus2: Computing & Telecommunications


text:
Manager in Training with leadership experience and exceptional people skills. Versed in customer service, deescalations, and sales. Desires a challenging role as an account manager.
My main responsibility was to book tours for travel clubs. Customers would call in because they had received a letter that explained that the may have qualified for a complimentary gift such as airline tickets or a cruise. It was my job to build rapport, so that we could assure our skeptical callers that the gift and our intentions were legitimate. Next I would give an explanation as to what is required for them to receive their gift. After the customers were interested, I would check to make sure they were qualified to attend the presentations, by asking them a few questions. If the customer was qualified, the only thing left to do was to find a day or time that works for them and book the appointment.
As an inbound cruise agent, my first responsibility is to answer the phone with great customer service, meaning that i answer the phone with a tone that shows that i am not only willing, but happy to help with whatever the customer's needs are. Next i build rapport with the customer to help them relax and be comfortable with myself and the company. After that I give them a program explanation of our services, showing them my ability to help and save them money on their vacations. Once the customer is comfortable with myself and is assured that i am a professional, i begin my discovery to find the customer's needs. If they're looking to book a cruise, I begin the sales process. If the customer needs assistance with their cruise or their account, I perform everything in my power to assist the customer, while continuing to offer excellent customer service, maintaining the reputation of the company. After I am finished assisting the customer, it is my responsibility to check if the customer is qualified to be transfered to our upgrade department and if so briefly get them to hold while i bring on one of our agents, from the memberships department, to make an upgrade sale.
During my short time with the company, i have achieved a few things, starting from training. I was originally hired for a different department withing the company. One month through our 3 month training class, it was announced that another department was looking to recruit two people from our class. 10 out of the 17 people in our training, applied for the positions, I was one of the two that were chosen. After only three months in that department, my supervisor began referring to myself as one of the senior agents, that our new agents could rely on for help and questions. Shortly after that, my supervisor began to have me start training our new agents with certain new products we were receiving. Currently, within the company, i am in a Management In Training status.
Where can I find a TI3R Inbound Agent resume example in Phoenix, Arizona ?
This is an actual resume example of a Inbound Agent who works in the Account Management Industry. LiveCareer has 47600 Account Management resumes in its database. LiveCareer’s Resume Directory contains real resumes created by subscribers using LiveCareer’s Resume Builder.

industry_corpus2: Travel & Geography


text: Anyone who travels to the Atlantis Institute in Sint-Truiden generally stays overnight and therefore needs accommodation. The not-for-profit association offers numerous rooms in its own building in Schepen de Jonghstraat, a former hotel, as well as in other buildings belonging to the association and in rented houses. The rooms and apartments are divided into five comfort categories and price categories. Guests must bring their own linen and hand towels, but these can also be borrowed for an additional charge.


text:
The Texas Association for the Gifted and Talented (TAGT) recently announced its yearly awards, and Grapevine-Colleyville Supporting and Advocating for Gifted Education (GC-SAGE) has been named the 2018 State Parent Group of the Gifted.
GC-SAGE is a support group established in 2010 that collaborates with parents and educators to ensure that gifted children in the community reach their fullest potential.
SAGE funds educators’ G/T training and materials, and focuses daily on our network of involved and informed G/T advocates. SAGE promotes well-being and academic achievement, and supports 2e, under identified, and highly gifted populations.


text: Wonderful to see many local Businesses come out Tuesday night, on behalf of The Hamilton Township Economic Development Advisory Commission (HTEDEC). Great to see Mayor Yeade and hear updates on the economic activity of Hamilton Township, NJ. Two President’s Cora Park of Diamond Business Communications, Hamilton NJ and Copley McKeon of Present Company snapped a quick pic with our abetting Mayor Kelly Yeade. Hosted by the fabulous named Diamonds of Hamilton restaurant in cooperation with Shop Hamilton.


text: Allison Lewis, CFA serves as a senior research analyst on the Value Team. Prior to joining the Firm in 2013, she worked for the State of Wisconsin Investment Board where she was responsible for health care equity analysis, utilizing fundamental research and valuation models. Previously, Ms. Lewis worked at J.P. Morgan Chase & Co., where she analyzed structured equity products.

industry_corpus2: Finance & Economics


text:
The migration of blog.mbedded.ninja from Wordpress to Hugo is complete!
I can now write content using Markdown in a local code editor, rather than Wordpress’s browser-based WSIWYG editor (I was using TinyMCE).
Easier/more reliable update/version tracking of the website. The entire site content is contained within a single Git repository (see https://github.com/gbmhunter/blog if you are interested) (which is accessible locally), rather than spread across hosted php/html files and a Wordpress database. No more need to exporting the entire database/public_html directory once per month and saving to the cloud for backup purposes.
The content being local also gives me the ability to do site-wide text-based find/replace operations, or write scripts for more advanced manipulation/update features.
Faster load times. Because the content is generated statically, page load times should be much faster than when running Wordpress (even with the use of good Wordpress caching plugins).
Higher security. It unsurprisingly hard to hack a simple file server that does not run any custom server side code or plugins.
Lower maintenance. I will no longer fear visiting my site one day to find it completely “borked”, with some arcane Wordpress PHP error that takes days to resolve (this has happened many times in the past). This is also a big risk when updating plugins.
Being that Hugo is a single compiled executable, there is no dependency issues you have to worry about. Compare that to when you install the Gatsby gatsby-starter-blog, which has around 1500 dependencies (which is rather typical of npm)! Sometimes npm native modules will fail to compile, and in general, the setup is just easier with Hugo. This however as a downside for Hugo, you can’t just write a plugin to expand the functionality, with Hugo the code is written in Go and compiled into a binary.
After moving to Hugo, I saw a huge increase in page load time performance. Load time went from 17.4s (“Time to Interactive”) down to 4.9s. This was as measured by Google’s PageSpeed Insights.
Given my blog has over 1000 pages and posts (combined), I did not want to migrate from Wordpress to hugo solely by hand. To help, I employed the use of the an exporter. I first tried Schumacher/wordpress-to-hugo-exporter, but I did not have any luck with it (I did not get any output or sign that it completed, it might of ran into memory/performance issues due to the size of the blog). I instead had success with exitwp-for-hugo. This exporter ran locally on an exported .xml file of Wordpress, and so was less likely to run into memory/performance issues.
As to be expected, the exporter got me 90% of the way (in terms of content migration), but the remaining 10% still took many weekend worth of work to complete. The exporter did not handle images, and so I ended up writing a script to deal with the issue. For the first few years that I was running Wordpress, I used the NextGEN gallery plugin to manage images. However, I switched to using the built in media manager after I discovered how much easier it was to drop an image into the current post or page. This meant that hundred of images appeared as [singlepic] tags in the markdown files that exitwp-for-hugo created.
I wrote a script to scan the markdown files, looking for [singlepic] tags. When the script finds one, it then makes a request to the Wordpress blog and downloads the HTML for the Wordpress page that the markdown was generated from. It then scans this HTML for the image element in the DOM associated with the [singlepic]. It then extracts the Wordpress URL for the image, and downloads the image into the static/images/ directory in Hugo. Finally, it replaces the [singlepic] tag with the appropriate markdown that points tot he local image path.
I also added caching of both the HTML and downloaded image so that I didn’t have to download the HTML twice for two separate images that were on the same page, and so that I didn’t download the image multiple times when that image was used more than once on the blog. Even with the caching, this script took many hours to run.
I wanted to recreate the nested menu structure I had on while running on Wordpress. All of this blog’s pages are organized in a giant hierarchal structure. The top-level pages are displayed as first-level menu items. Then all child pages are displayed under that as sub-menu items. Then all the child’s child pages are displayed under that as sub-sub menu items, e.t.c.
I managed to recreate this by creating menu layout partials in Hugo that uses recursion. This works because I have structured the markdown into hierarchal sections (another Hugo concept).
Above, there is some conditional logic to not include the posts/ content mixed in with all the page content. Instead, posts/ is added at the bottom of the menu manually.
I wanted to keep appearance of the Hugo generated site to be very similar to the current Wordpress look (I am using a custom theme in Wordpress that is built upon the Wordpress TwentyFifteen theme). I initially chose the Hugo anake theme when I was beginning the migration, and after learning more about how the theme works, decided to write my own (they aren’t that tricky).
I tried hard to keep all page URLs identical during this migration, as any change would have a significant impact on SEO and reduce the number of visitors/day (I found this out the hard way when I migrated from my previous domain to blog.mbedded.ninja).
I’m pleased to say that all page URLs should be the same. Post URLs have changed, however I don’t think this is nearly as important because the posts on this blog are more about updates than actual content that users will want to visit (posts do not feature in the most visited pages).
The two checkboxes I had to disable in my Disqus settings to prevent Disqus from corrupting URLs on the rest of the page, and adding vglnk classes.
Currently, this site is not mobile compatible (what is called responsive). This is what the homepage currently looks like when rendered on a cellphone.
Hopefully I can fix this soon!


text:
Instagram just introduced a trio of new features designed to make Instagram a generally safer and more authentic place to hang out and for the first time the platform now offers users a straightforward way to request verification.
To apply, just go to your profile, head to Settings, and tap “request verification.” Then, you’ll need to give Instagram your account name, full name, and legal or business ID. After an unspecified time, Instagram will notify you whether your request has been approved or rejected.
Give it a try you might get a blue batch to show off!
Twitter Just Increased The Limit of Characters from 140 to 280!


text:
During this time, we reminder residents, that all vehicles must be parked off of roadways during snow removal operations as per Borough Ordinance.
This will facilitate plowing operations and the movement of emergency vehicles as necessary.
Make preparations to have vehicles parked off of roadway..


text:
Draw a character first, then try to decide who he looks like.
Another winner from Gauld, even though I prefer his longer stories.
An interesting book and great drawings by Tommaso. It's a shame James Sturm doesn't do more comics, by the way. His last book, Market Day was a masterpiece.
A biography about the rise and fall of the friendship between Ernest Hemingway and John Dos Passos and also their literary accomplishments. As was often the case with Hem, he easily turned on old friends.
A better book, but an ending where the killer explains why he did it while holding a gun directed at the detective works maybe less so if you try to keep a more realistic tone.
Big fan of his paintings. Some of the images are reproduced annoyingly small, though.
Ernest Hemingway by Verna Kale. A pretty short biography. I thought maybe it would use some new angle, or look at his work in a new way, but... no, not really.
His last short story collection. Slightly mixed bag, but a couple of strong stories.
I've gotten a bit hooked on Crepax lately. I especially enjoy his work in the 60s. Some of it, like this book, looks pretty modern, and also quite different from what he did in the mid 70's and onwards.
Lloyd Cole and The Commotions' masterpiece, 33 years old today.
The first half was pretty good, but the film is faaar too long, and I got kind of bored in the second half. It keeps the same tone of the original film, but ends up being monotonous, about 50% too serious and the music is awful. If you want to see a slow, arty film photographed by Roger Deakins I'd rather recommend The Assassination of Jesse James by the Coward Robert Ford.
"Perhaps not unexpectedly it’s a tremendously warm book, full of life, the kind of life you see around you every day and quite possibly don’t take enough time to stop and gaze on. On the Camino is the kind of book that makes you want to fill your lungs with air and then exhale slowly, the kind of book to savour and appreciate. It’s also one of those lovely reads you sometimes get from an author you’ve followed and liked that hints at whole new potential vistas to come, the kind of book that will have you excited about the books Jason has yet to write."
Walked the Dingle Way in Ireland, took a week, was great. There was more variation in the landscape than on the Wicklow Way, including beaches. My shoes not being waterproof was a bit of a problem, walking around Mount Brandon, but hey, thats life. Should have done more sketches though.


text:
Zion Health's mission is to support the environment with awareness and responsibility to the Earth's natural resources along with supporting causes that improve our local and global community.
We support CASA (advocates for foster kids), the Native American Heritage Association, the Breast Cancer Emergency Fund (BCEF), and San Francisco Network Ministries in our home town, along with non-profit organizations worldwide.
We are committed to collaborating with non-profit organizations that are doing incredible work in their communities. If you're planning a fundraising event for your organization and would like to submit an in-kind product donation request, please send your inquiry to marie@zionhealth.com.
Court Appointed Special Advocates (CASA) of San Mateo County.


text:
A new memorial tree will be planted in memory of Bobby in the area of greatest need. This will be done according to the planting schedule of the American Forests Organization and the Canadian Institute of Forestry.
Your name will also be listed on Bobby's Tribute Wall and the Honoring a Life website.


text:
Font editor for font professionals. Version 5.1 for Mac.
This is the same program as the full version. The academic license does not restrict what you can do with the program, just who can buy it.


text:
Gammex Inc. appeals the district court's entry of judgment on Dunbar Medical Systems Inc.'s fraudulent inducement claim, arguing that two clauses in the parties' settlement agreement or Texas Rule of Civil Procedure 11 bar that claim. Gammex further contends that the court erred in finding that there was no intent to perform at the time the alleged misrepresentationswere made, in awarding punitive damages given the existence of contract language barring the recovery of such damages, in awarding punitive damages given the elements of fraud had not been proved by clear and convincing evidence, and in awarding pre-judgment interest on both compensatory and punitive damages. We affirm the entry of judgment and the award of punitive damages, and reform the judgment solely to clarify the pre-judgment interest award.
Gammex Inc. is a manufacturer of teleradiology equipment, which is used to digitize data from a medium such as x-ray film or ultrasound and to transmit those data to a remote unit for purposes of medical review and diagnosis. Until 1994, Ms. Linda Dunbar, president and sole shareholder of Dunbar Medical Systems, Inc. ("DMSI"), was an independent distributor of teleradiology equipment for Gammex.1 A by-product of the dissolution of the parties' relationship was a lawsuit, filed by Gammex on April 28, 1994, in which Gammex sought return of equipment and damages ("1994 Litigation"). In February 1995, DMSI filed a counterclaim asserting breach of contract, fraud, defamation, and various other claims against Gammex. Shortly before trial, the parties executed a Settlement Agreement. That Agreement is the focus of the case before us.
Discussions leading up to the execution of the Settlement Agreement occurred between December 1995 and July 1996. In December, the parties participated in unsuccessful court-ordered mediation. Sometime thereafter, Ms. Margaret Lescrenier, a vice-president of Gammex, telephoned Ms. Dunbar to discuss settlement terms, including the possibility of transferring equipment to DMSI in lieu of cash. The district court found that in that conversation, Ms. Dunbar told Ms. Lescrenier that she did not want to consider older Courier II units because they had software and hardware defects.2 According to Ms. Dunbar, Ms. Lescrenier assured her that the units would be new and come from the latest run of fifty manufactured by Gammex and would be problem free. A follow-up letter dated February 1, 1996 faxed by Ms. Lescrenier to Ms. Dunbar listed various equipment, including ten Courier II units, that Gammex was willing to give DMSI. The letter gave a list price of the Courier II units of $10,000 each, a total list priceof all offered equipment of $203,600, and stated that " [t]he majority of the above equipment is new, never been used. Some of the Courier computers were demonstration units."
On February 8, Ms. Dunbar sent a fax to Ms. Lescrenier that responded to the proposal. That transmission included a list of the same equipment along with dealer transfer prices. Ms. Dunbar's fax indicated that, based on the dealer prices, the actual value of Gammex's proposal was $44,654.25. Ms. Dunbar also stated that she did not "know what to do" with some of the listed equipment, and that there had to be a cash settlement along with the equipment package.
These discussions were outlined in a fax dated February 26. That communication (1) explained the equipment substituted for the items for which Ms. Dunbar indicated she had no use; (2) made reference to an exclusive dealer contract, a definition of a sales territory, service arrangements, and assistance with advertising that were agreed to in earlier mediation proceedings, and (3) offered $50,000 in cash. The total list price associated with the new equipment package was $203,975, and again, the communication indicated that the majority of the equipment was "new, never been used" and that " [s]ome of the Courier computers were demonstration units." The fax also stated that Ms. Dunbar had "misstated the value of the equipment in the original list" in her February 8 response.
Negotiations resumed in late April, when Ms. Dunbar's attorney contacted Gammex's counsel. By April, DMSI was no longer interested in maintaining certain relationships with Gammex,4 and it indicated that several aspects of the earlier proposals were no longer of value (e.g., a new distributorship agreement, assistance with advertising). Negotiations between the parties' counsel dealt, inter alia, with the amount of cash Gammex was to pay to DMSI, the equipment to be transferred (e.g., whether mouses and cables were included, whether a six-month warranty would be included, configuration and programming issues), the availability of documentation regarding the equipment, the availability of discounts on such items as replacement parts, responsibility for shipping and insurance costs, and the timing of the delivery of the cash and the equipment. Thus, the focus of the second stage was on the consideration Gammex was to give DMSI in return for DMSI releasing its claims.
The parties eventually agreed to Gammex's releasing claims related to the 1994 Litigation, and transferring to DMSI the equipment listed in Ms. Lescrenier's second proposal and $70,000 in cash. The final agreement included three express warranties: (1) that Gammex "has good and clear title to the Equipment, and that the Equipment is free of all liens, mortgages and encumbrances at the time of shipment to Dunbar Medical"; (2) that the equipment "is either new and has never been used, or has previously been used as demonstration or loaner equipment"; and (3) that the "Equipment, at the time of shipment to Dunbar Medical, is working and operational in accordance with the manufacturer's specifications applicable to each item included in the Equipment." In return, DMSI agreed to release claims related to the 1994 Litigation. The agreement was signed by Ms. Dunbar, on behalf of herself and DMSI, on July 18, 1996; Charles Lescrenier, Gammex's CEO, signed the agreement on July 23, 1996.
As per the agreement, Gammex transferred $70,000 to DMSI. The parties dismissed, with prejudice, their respective claims. Ms. Dunbar sent to Gammex instructions regarding how the Courier II units were to be configured and programmed. DMSI received equipment from Gammex, albeit after the date stated in the Agreement. After receiving the equipment, some of which was damaged in transit, Ms. Dunbar determined through testing that it differed in significant ways from what it had been represented to be.
As a result, on November 11, 1996, DMSI filed in the 152nd Judicial District Court of Harris County, Texas an action asserting breach of contract and fraud claims. Gammex removed the case on December 23, 1996 to the United States District Court for the Southern District of Texas.5 In response to the district court's granting of Gammex's November 28, 1997 motion for a more definite statement, DMSI filed a first amended complaint on January 16, 1998. In that complaint, DMSI alleged breach of contract and fraudulent inducement, and sought $150,000 in compensatory damages, $600,000 in punitive damages, pre- and post-judgment interest, and attorney fees.
Gammex filed a motion for summary judgment on February 2, 1998, arguing, inter alia, that under the Texas Supreme Court's decision in Schlumberger Technology Corporation v. Swanson, 959 S.W.2d 171 (Tex. 1997), the Settlement Agreement barred DMSI's fraudulent inducement claim.6 The district court denied Gammex's motion on March 4, 1998, and also denied Gammex's subsequent motion to reconsider.7 A three-day bench trial began March 31, 1998. Gammex's motion for a judgment as a matter of law was denied.
The evidence revealed that some of the highly technical equipment was not only not new, but outmoded, or defective, or had been used not merely for demonstration or loaner purposes. The ten Courier II units were not programmed as set forth by Linda Dunbar in breach of Paragraph 2.2 of the Agreement. The evidence, both testimonial and spreadsheet documentation, showed that upon arrival, none of the ten Courier IIs captured images off the digitizer or ultrasound and that the equipment did not meet specifications provided to Gammex by DMSI . . . . [C]redible testimony established that a large portion of the equipment was not new, but used, and some nonoperational or only partly operational. Despite Linda Dunbar's insistence that she wanted Courier II units from the last production run that did not have the hard drive and software problems identified in the state court suit, none of the equipment sent to DMSI was manufactured later than 1993, and most was manufactured between 1990-1992. It included old, discontinued models . . . . Some of the equipment had been used and taken back by Gammex as trade-ins or exchanges.
The court also noted Ms. Dunbar's testimony that the August 1996 value of the transferred equipment was no more than $20,000. It held that as a result of Gammex's breach, DMSI was entitled to $150,000 in benefit-of-the-bargain damages and to $35,200 in attorney fees.
The court went on to find that Gammex had fraudulently induced DMSI to enter into the Settlement Agreement. Ms. Lescrenier was found by the court to have knowingly made false statements regarding the transferred equipment's value, condition, and age. The court found that the estimates of the equipment's value were "deliberately and greatly inflated." Ms. Lescrenier's statements, which were found by the district court not to be expressions of opinion, were made with the intention of causing Ms. Dunbar to rely on them and settle the parties' dispute. Ms. Dunbar was found to have relied on Ms. Lescrenier's statements and to have been injured as a result. The court determined that Gammex's fraud entitled DMSI to $150,000 in benefit-of-the-bargain damages, and $300,000 in punitive damages.
As a result of these determinations, the court ordered on November 23, 1998 that DMSI submit a proposed final judgment, and allowed Gammex to file objections to that proposed judgment. On February 22, 1999, the court entered final judgment, which, not surprisingly, reflected DMSI's election to recover under its fraud in the inducement cause of action. The court awarded DMSI $150,000 in compensatory damages, $300,000 in punitive damages, and pre- and post-judgment interest. Gammex timely appealed.
Before us, Gammex challenges only the district court's entry of judgment on DMSI's fraudulent inducement claim, its award of $300,000 in punitive damages, and its award of pre-judgment interest on those punitive damages.8 In general, Gammex contends that (1) DMSI's claim is barred, either by the Settlement Agreement's terms or by Texas Rule of Civil Procedure 11; (2) the evidence does not support the court's finding of no intent to perform; (3) the Agreement bars the punitive damage award; (4) DMSI has not met its statutory burden in proving entitlement to such damages; and (5) the lower court improperly awarded pre-judgment interest on punitive damages. We note that Gammex does not challenge the lower court's findings that Ms. Lescrenier made the statements that are at the heart of DMSI's fraudulent inducement claim, that the statements included misrepresentations of fact, or that Ms. Dunbar relied on Ms. Lescrenier's statements. In assessing Gammex's arguments, we apply the well-established standard of review applicable to bench trials, examining questions of law de novo, and reviewing findings of fact for clear error. See Gebreyesus v. F.C. Schaffer & Assocs., Inc., 204 F.3d 639, 642 (5th Cir. 2000).
Gammex contends that under Schlumberger Technology Corporation v. Swanson, 959 S.W.2d 171 (Tex. 1997), two provisions within the Settlement Agreement operate to bar DMSI's fraudulent inducement claim. The first is an "as is" clause, which provides that " [e]xcept as expressly provided for herein, the equipment is conveyed and transferred by Gammex to Dunbar Medical as is, where is, and with all faults, and there are no warranties which extend beyond the description of the equipment on the face of exhibit 'A' attached hereto."9 ¶ 2.2. The second provision, a merger clause, provides that the Settlement Agreement "contains the entire agreement between the parties, and no representations, inducements, promises, or agreement, oral or otherwise between the parties with reference thereto and not embodied herein shall be of any force." ¶ 4.2.
The district court rejected Gammex's argument in its review of Gammex's motion for summary judgment. It distinguished Schlumberger from the case sub judice by noting that "while the agreement here may appear to Gammex to be an integrated one, there was no express, specific disclaim of reliance on Gammex's alleged statements and representations." We also reject Gammex's argument, but do so for somewhat different reasons.
In Schlumberger, the Texas Supreme Court recognized the inherent tension between the principle that the " [p]arties should be able to bargain for and execute a release barring all further dispute," 959 S.W.2d at 179, and prior authority holding that clauses in contracts, including merger and disclaimer provisions, need not bar subsequent claims of fraudulent inducement. See id. at 178-79. The court held that "a release that clearly expresses the parties' intent to waive fraudulent inducement claims, or one that disclaims reliance on representations about specific matters in dispute, can preclude a claim of fraudulent inducement," but also emphasized that "a disclaimer of reliance or merger clause will not always bar" such a claim.10 Id. at 181. Because the parties should be able to rely on their negotiated disclaimer or merger clauses to resolve fully their disputes, the question for the court was "under which circumstances such disclaimers are binding." Id. at 179. For the answer to this question, the court looked to " [t]he contract and the circumstances surrounding its formation . . . ." Id.; see also Prudential Ins. Co. v. Jefferson Assocs., Ltd., 896 S.W.2d 156, 162 (Tex. 1995) (stating that, in determining whether an "as is" clause is unenforceable, " [t]he nature of the transaction and the totality of the circumstances surrounding the agreement must be considered").
We read Schlumberger as holding that particular contract clauses may, under certain limited circumstances, curtail the contracting parties' ability to challenge the contract's validity on fraudulent inducement grounds. Schlumberger gives us some indication of what those circumstances may include. That the negotiating parties in Schlumberger were represented by counsel, were experts in the subject matter of the negotiations, and were bargaining at arm's length were important to the court.11 See Schlumberger, 959 S.W.2d at 180. In addition, the court noted that at the center of the parties' dispute was the object of the alleged misrepresentations -- the value of the mining project -- and that the sole purpose of the unambiguous release was to end that dispute "once and for all." Id.
We must assess whether Gammex and DMSI's Settlement Agreement "clearly expresses the parties' intent to waive fraudulent inducement claims, or . . . disclaims reliance on representations about specific matters in dispute." Id. at 181. The parties in the instant action were represented by counsel, and bargained at arm's length over the terms of the Settlement Agreement. The final bargain struck exchanged releases of claims for equipment and cash. Both parties could be considered extremely knowledgeable about the type of equipment reflected in the agreement -- one manufactured and marketed that equipment, the other was previously a distributor of the equipment.
We nonetheless conclude that under the circumstances of this case, the "as is" and merger clauses do not bar DMSI's fraudulent inducement claim. The Agreement reflects that Gammex and DMSI specifically contemplated future, although not continuing, interactions with one another. DMSI had the right to send one employee to Gammex's offices for training on the Courier II and other equipment, Gammex was to provide DMSI free support by telephone for one year, and Gammex agreed to apply for one year its standard trade discount to DMSI's purchases of replacement parts and supplies. In addition to future interactions, the parties contemplated future disputes related to the Settlement Agreement. A punitive-damages provision in that Agreement presupposes a claim arising from or related to it. This suggests that the parties were not seeking to end all disputes between them "once and for all." Schlumberger, 959 S.W.2d at 180. Although these observations are not dispositive, they frame our analysis of the "as is" and merger clauses.
As the Texas Supreme Court noted in Prudential Insurance, although an "as is" clause can negate a claim that a seller's conduct caused a buyer injury, see 896 S.W.2d at 161, such a clause is not always enforceable. See id. at 162. The court explicitly noted that fraud used to induce agreement was a circumstance that rendered that clause unenforceable. See id. ("A buyer is not bound by an agreement to purchase something 'as is' that he is induced to make because of a fraudulent representation or concealment of information by the seller."). The issue at hand is whether the "as is" clause demonstrates the parties' clear intent to waive fraudulent inducement claims or disclaim reliance on representations about specific matters in dispute. See Schlumberger, 959 S.W.2d at 181.
We conclude that it does not. The misrepresentations in this case went to the condition of the equipment (i.e., its "newness" and its being problem-free). The contract specifically warrants that the equipment be either "new and . . . never . . . used, or . . . previously . . . used as demonstration or loaner equipment" and that it would be "working and operational in accordance with the manufacturer's specifications . . . ." The "as is" clause specifically excepts the other explicit warranties. Under these circumstances, we cannot conclude that DMSI, in agreeing to the "as is" clause, disclaimed reliance on Gammex's representations regarding the equipment's age or functioning, or intended to waive fraudulent inducement claims. Cf. SMB Partners, Ltd. v. Osloub, 4 S.W.3d 368, 371 (Tex. App. 1999, no pet.) (holding that an "as is" clause that specifically excluded other warranties did not apply to the purported misrepresentation and thus did not bar the fraudulent inducement claim).
Gammex also argues that under the Texas Supreme Court's opinion in Padilla v. LaFrance, 907 S.W.2d 454 (Tex. 1995), Texas Rule of Civil Procedure 11 makes oral representations made in the course of negotiating a settlement agreement unenforceable.14 As a result, DMSI cannot rely on Ms. Lescrenier's statements to support a claim of fraudulent inducement. Gammex takes issue with the district court's rejection of this argument, contending that the court erred in concluding that because the Settlement Agreement was to be performed in less than one year, the statute of frauds does not apply.
Like the district court, we conclude that Gammex's argument must be rejected, although we base our decision on different reasoning. In Padilla, the Texas Supreme Court faced the question of whether a series of letters between parties constituted an agreement that satisfied Rule 11's writing requirement. Analogizing to the statute of frauds, the court held that the letters evidenced a binding agreement, in part because they reflected "all material terms of the agreement." 907 S.W.2d at 460-61. Gammex wishes to use language within the Padilla opinion to require that all oral representations made in the context of settlement negotiations be in writing in order to be enforceable. See id. at 460 ("To satisfy the statute of frauds, 'there must be a written memorandum which is complete within itself in every material detail . . . .'" (quoting Cohen v. McCutchin, 565 S.W.2d 230, 232 (Tex. 1978))). Gammex contends that because oral settlement agreements are unenforceable as a matter of law, no claim of fraudulent inducement can be brought. It looks to Weakly v. East, 900 S.W.2d 755, 758 (Tex. App. 1995, writ denied), for support for this contention.
We find Weakly distinguishable on its facts. In that case, plaintiffs alleged that defendants, in an effort to forestall the sale of the real estate to another buyer and to purchase that property at a lower price in a foreclosure sale, promised to purchase real estate with no intention of actually carrying out that promise. See id. at 758. The court found that the essence of the fraud claim was the oral promise to purchase realty. See id. Because a contract for the sale of realty is not enforceable unless in writing, and because the alleged fraud did not prevent the necessary writing, the court found that summary judgment in favor of the defendants was proper on the fraud claim. See id.
Gammex's argument could have more force if DMSI was seeking to enforce as a contract an alleged oral settlement agreement between Ms. Dunbar and Ms. Lescrenier. Here, however, DMSI challenges the validity of the signed Agreement. Unlike the plaintiffs in Weakly, DMSI alleges that Gammex's actions constituted fraud in the inducement -- the writing, signed by the parties, was procured by Ms. Lescrenier's misrepresentations as to the condition of the equipment to be transferred. This allegation cannot be said to be an attempt to by-pass the statute of frauds via a fraud claim, or an attempt to enforce an otherwise unenforceable oral settlement agreement. DMSI's injury stems from Gammex's alleged violation of its independent legal duty not to procure a contract with DMSI through fraud. See Formosa Plastics Corp. USA v. Presidio Engineers & Contractors, 960 S.W.2d 41, 46 (Tex. 1998).
Gammex seeks to distinguish Formosa on the ground that it involves a contract, rather than a settlement agreement. Rule 11 applies only to settlement agreements. Although it is clear that a settlement agreement must be in writing to be enforceable under Texas courts' interpretation of Rule 11, we must reject Gammex's attempt to rely on the scope of that Rule to negate DMSI's fraudulent inducement claim. We can think of no principled reason for distinguishing between fraudulent inducement claims targeting contracts and those targeting settlement agreements, and Texas law provides us with no cause to do so.
Under Texas law, a party claiming fraudulent inducement must demonstrate (1) a material representation, (2) that was false, (3) that was either known to be false when made or was asserted without knowledge of the truth, (4) that was intended to be acted upon, (5) was relied upon, and (6) that caused injury. See Formosa, 960 S.W.2d at 47; DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 688 (Tex. 1990), cert. denied, 498 U.S. 1048 (1991). "A promise of future performance constitutes an actionable misrepresentation if the promise was made with no intention of performing at the time it was made." Formosa, 960 S.W.2d at 48.
Gammex contends that the district court erred in finding that Ms. Lescrenier intended not to perform at the time she represented that the transferred Courier IIs would come from the last production run and would be problem free. To support this contention, it points to the fact that the Ms. Lescrenier's proposals were not fully accepted in February, to evidence that Ms. Lescrenier relied on a list of available equipment prepared by Mr. Sopotnick, and to evidence that Ms. Lescrenier did not participate in the second stage of negotiations. Gammex urges us to conclude that the evidence supporting the lower court's finding of the requisite intent is "so weak that it creates only a mere surmise or suspicion of its existence," T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 222 (Tex. 1992), and is thus insufficient.
Our review of the district court's finding is limited. Under the Federal Rules, "due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses." Fed. R. Civ. P. 52(a); see also Coury v. Prot, 85 F.3d 244, 254 (5th Cir. 1996). "The burden of showing that the findings of the district court are clearly erroneous is heavier if the credibility of witnesses is a factor in the trial court's decision." Id. at 254 (citing Village Fair Shopping Ctr. v. Broadhead, 588 F.2d 431, 434 n.2 (5th Cir. 1979)). In this case, the trial judge specifically noted her assessments of Ms. Dunbar's, Ms. Lescrenier's, and Mr. Sopotnick's credibility.
We do not emerge from our review of the record with a "'definite and firm conviction that a mistake has been committed.'" Concrete Pipe & Prods of Cal., Inc. v. Construction Laborers Pension Trust for S. Cal., 508 U.S. 602, 622 (1993) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)). Evidence indicates that although Ms. Lescrenier was not an active participant in the last rounds of negotiations, her second February proposal was a basis upon which those negotiations built. Although Ms. Lescrenier indicated in her testimony that Gammex's inventory changed between February and August, when the equipment was shipped, Mr. Sopotnick testified that there was no change. He also testified that Ms. Lescrenier accompanied him when he reviewed the inventory to assess what equipment was available. Given this and other evidence in the record, we conclude that the district court's finding is not clearly erroneous.
Because we conclude that the district court did not err in entering judgment on DMSI's fraudulent inducement claim, we turn to Gammex's challenges to the lower court's punitive damages and pre-judgment interest decisions. With regard to punitive damages, Gammex contends that the district court erred in not enforcing a contractual provision in which DMSI explicitly released claims for punitive damages, and that DMSI is not entitled to such damages because it has not met its statutory burden of proof.
As to any and all claims that may be asserted by Dunbar Medical or Dunbar arising from or in any way relating to this Settlement Agreement, including but not limited to the Equipment, in no event shall Dunbar Medical or Dunbar be entitled to recover special, consequential or punitive damages, and recovery of special, consequential or punitive damages shall be absolutely precluded.
Gammex contends that this language must be interpreted as a release of DMSI's punitive damages claim, and that because the clause was freely negotiated, it bars DMSI's recovery of such damages.
In general, a party is not bound by a fraudulently induced contract. See Formosa, 960 S.W.2d at 46; Prudential Ins., 896 S.W.2d at 162. Underlying this rule is the notion that a party induced by fraud to enter into an agreement has not provided the assent necessary to make a binding contract. See Dallas Farm Mach. Co., 307 S.W.2d at 240; Edward Thompson Co. v. Sawyers, 234 S.W. 873, 874 (Tex. 1921) ("Contracts, though reduced to writing, are avoided when induced by material promises, never intended to be kept, not because one is allowed to vary his written contract, but because real assent is essential to a binding contract."). "One who is entitled to avoid an entire written contract because it lacked his assent can no longer be held bound by any of its stipulations . . . ." Sawyers, 234 S.W. at 874-75.
Because a party is not bound by a contract he was induced by fraud to enter, we find inapplicable Memorial Medical Center v. Keszler, 943 S.W.2d 433 (Tex. 1997), a case Gammex relies upon to support its contention that the punitive damages provision is enforceable. In Memorial Medical, the Texas Supreme Court determined, inter alia, that a post-injury release of claims for gross negligence is not against public policy. See id. at 435. The settlement agreement and release at issue in the case were considered valid documents. See id. at 434 ("The parties . . . have not contested the validity of the release or claimed ambiguity or fraud in its execution."). Thus, the issue regarded the enforceability of a clause within the contract, not the validity of the contract. Here, we consider whether a clause in a contract otherwise unenforceable against DMSI may nonetheless preclude punitive damages. We hold that it cannot. Because DMSI was found to have been induced into entering the Settlement Agreement by Gammex's fraud, the district court did not err in concluding that the Agreement's punitive damages provision was not binding on DMSI.
Gammex next argues that DMSI has not met its burden under section 41.003 of the Texas Civil Practice and Remedies Code, and therefore is not entitled to a punitive damages award. Section 41.003(a) provides that a claimant prove "by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from (1) fraud, (2) malice, or (3) wilful act or mission or gross neglect in wrongful death actions . . . ." Gammex attacks the lack of "clear and convincing" evidence supporting a finding of no intent to perform on the part of Ms. Lescrenier, and argues that this case exhibits neither the "evil mind," Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 18 (Tex. 1994), nor the "extraordinary harm," id. at 24, that are required under Texas law to award punitive damages.
Gammex's reliance on Moriel and other cases building on its principles is misplaced. The cases cited each deal with allegations of bad faith. See State Farm Fire & Cas. Co. v. Simmons, 963 S.W.2d 42 (Tex. 1998) (involving allegations that insurance company breached its duty of good faith and fair dealing); Universe Life Ins. Co. v. Giles, 950 S.W.2d 48 (Tex. 1997) (same); Moriel, 879 S.W.2d at 14 (same). As subsequent Texas Supreme Court decisions have recognized, Moriel "clarified the requirements for the imposition of punitive damages in a bad faith case." Simmons, 963 S.W.2d at 47; see also Giles, 950 S.W.2d at 54 (noting Moriel limits recovery of punitive damages in bad faith cases to, among others, those able to show fraudulent conduct in addition to bad faith).
This is a fraud case. Under section 41.003(a), DMSI had the burden of demonstrating that its harm was due to Gammex's fraud. The statute defines fraud to be "fraud other than constructive fraud." Tex. Civ. Prac. & Rem. Code Ann. § 41.001(6). As the Texas Supreme Court has noted, " [a] finding of intent to harm or conscious indifference to the rights of others will support an award of exemplary damages. In [Trenholm v. Ratcliff, 646 S.W.2d 927, 933 (Tex. 1983)], this court held that a fraudulent inducement was enough to support at least a finding of conscious indifference." Spoljaric, 708 S.W.2d at 436 (internal citations omitted). DMSI did not also need to show malice, as the statute is explicit in providing that a claimant needs to show harm from fraud or malice.
DMSI was required to show by clear and convincing evidence the elements of punitive damages provided in section 41.003(a). See Tex. Civ. Prac. & Rem. Code Ann. § 41.003(b). Clear and convincing evidence is "that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established." Id. § 41.001(2). Gammex contends only that evidence is insufficient to support a finding that Ms. Lescrenier had no intent to perform when she assured Ms. Dunbar of the condition of the equipment to be transferred. We have considered the evidence under the clear error standard and have rejected Gammex's argument. It fares no better under the standard applicable here. Thus, we conclude that the district court did not err in awarding punitive damages.
For the foregoing reasons, we affirm the district court's entry of judgment on DMSI's fraudulent inducement claim, and its award of punitive damages. We reform the judgment to clarify that pre-judgment interest at the rate of 10% per annum is to be assessed only on the compensatory damage award. See Krieser v. Hobbs, 166 F.3d 736, 747 (5th Cir. 1999).
AFFIRMED in part; REFORMED in part. Gammex shall bear the costs of this appeal.
In early 1989, DMSI and DataSpan, Inc. entered into an agreement whereby DMSI became an independent sales representative for DataSpan. Radiation Measurements, Inc. is Gammex's predecessor in interest. DataSpan was acquired by Gammex/Radiation Measurements in 1989. We refer to each of these companies as "Gammex."
The Courier II is a stand-alone computer that runs teleradiology equipment.
Ms. Dunbar later determined that in fact, the camera's manufacturer had earlier ceased production of the requested camera.
The letter Ms. Dunbar's attorney sent to Gammex's attorney listed as part of Ms. Dunbar's settlement proposal that " [a]ll continuing or past relationships will be severed (except for the terms of the settlement agreement, the non-disclosure and software license agreements)."
Jurisdiction is claimed under 28 U.S.C. § 1332. DMSI is a Texas corporation with its principal place of business in Harris County, Texas, and Gammex is a Wisconsin corporation with its principal place of business in Middleton, Wisconsin.
The Settlement Agreement contains a choice-of-law clause that provides that the Agreement "shall be construed and governed by the laws of the State of Texas."
Because Gammex's motion to reconsider raised a new argument -- that Texas Rule of Civil Procedure 11 barred DMSI's claims -- the lower court interpreted the motion as a supplemental motion for summary judgment that was ripe for decision given DMSI had responded.
Gammex concedes that DMSI is entitled to recover $150,000 in compensatory damages on its breach of contract claim, and to receive $35,200 in attorney fees. It also concedes that DMSI is entitled to recover pre-judgment interest at the rate of 6% per annum on the compensatory damages award.
The quoted language appears in all capital letters, in a bold-face type, at the end of the paragraph that lists Gammex's warranties with regard to the equipment.
The court cited its opinion in Prudential Insurance Co. v. Jefferson Associates, Ltd., 896 S.W.2d 156, 162 (Tex. 1995), as describing some of the circumstances under which such clauses would not be binding. Included in those circumstances are where the contract was procured by fraud and where a seller's conduct obstructs a buyer's ability to inspect the condition of what is being sold. See id. The court also noted that " [w]here the 'as is' clause is an important part of the basis of the bargain, not an incidental or 'boiler-plate' provision, and is entered into by parties of relatively equal bargaining position, a buyer's affirmation and agreement that he is not relying on representations of the seller should be given effect." Id.
The argument that merger or disclaimer clauses should be binding whenever parties to the agreement were represented by independent legal counsel was expressly rejected by the Schlumberger court. See 959 S.W.2d at 178.
DMSI also sought additional language relating to a six-month warranty on the equipment. This was rejected. The description of the equipment to be transferred in the final agreement differs from the description in the documents exchanged by Ms. Lescrenier and Ms. Dunbar in including a reference to "loaner" equipment. This addition does not contradict Ms. Lescrenier's representations, however, as loaner equipment, although not new, could still come from the last fifty manufactured by Gammex and be problem-free.
We note that the parties negotiated separate release clauses covering any and all claims "made in or based on or related to the claims made in the Litigation." The "Litigation" was defined as the action Gammex initiated in 1994. Thus, we do not read the release clauses as covering claims arising from the Settlement Agreement. Indeed, in a section of the contract separate from the "Releases" section, the parties included provisions relating specifically to the Settlement Agreement. Those provisions were the merger clause, the clause prohibiting recovery of punitive and special damages, and the choice-of-law clause.
Under Rule 11, "no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record." Tex. R. Civ. P. 11 (West 2000).
Gammex also contends that we should apply language from Boggan v. Data Systems Network Corp., 969 F.2d 149 (5th Cir. 1992), to hold that Ms. Lescrenier's statements cannot constitute actionable misrepresentations. See id. at 153 ("It is well settled that the negotiations and discussions leading up to the writing cannot displace the terms of the written agreement."). We decline to do so. Our decision in Boggan was in part based on the finding that the alleged misrepresentations were expressions of intent, rather than statements of fact, see id., and that statements such as "I think we have a deal" could not, under the circumstances, be considered actionable misrepresentations. In the case before us, the district court found that Ms. Lescrenier's statements were misrepresentations of fact, or promises made with no intention of performing. Each of these is an actionable misrepresentation under Texas law. See Formosa, 960 S.W.2d at 46-48.
Gammex also asks that we reform the interest award to reduce the rate to 6%, as this was the rate DMSI requested. It does not contend that an award at the higher rate was erroneous, and thus we deny its request.

industry_corpus2: Law & Justice


text:
Goalkeeper Caleb Patterson-Sewell has yet to make a save for Toronto FC this season, but his importance to the club goes beyond what he can do on the field.
Patterson-Sewell, 31, is an American who grew up in Australia before moving to Belgium when he was a teenager in 2004 and then on to Sheffield Wednesday’s youth academy in England. In 2005, he turned pro Down Under.
From 2011-16, the lanky goalkeeper played in Portugal, signing with TFC in February 2018. As of now, he’s basically third on the Reds’ depth chart in net, behind Alex Bono and Quentin Westberg. But he makes the best of the situation and does what he can to contribute to the club anyway he can, training hard and staying ready to play.
Patterson-Sewell helps the team in another, unofficial, capacity — taking Toronto’s emerging star defender, Auro, under his wing.
Auro is not often mentioned when TFC fans talk about the club’s best players. Since arriving in T.O., he has played in the shadow of Sebastian Giovinco, Victor Vazquez, Michael Bradley, Jozy Altidore and, now this season, Alejandro Pozuelo.
But ask anyone with the squad and they’ll tell you that the 23-year Brazilian’s value is sky high.
Auro signed with the Sao Paulo youth academy when he was 14 and appeared in 34 matches for Sao Paulo F.C. from 2014-17.
He was also a member of Brazil’s under-17 and under-20 teams. The pedigree is there, though Vanney was still taken aback when Auro played his first match for the Reds, a pre-season game in 2018 against Mexican powerhouse Club America.
“In the first 15 minutes that he stepped on the field (I was thinking) this kid is going to be fantastic in this league,” said Vanney. “He is such a good soccer-playing right back. Not the biggest guy in the world, but he’s clever and smart in how he defends. He doesn’t panic, he relaxes and he finds a solution. Last weekend (against NYCFC) he got a ball with three guys around him and he put his foot on it and then (beat) the guy and then he took a foul. He didn’t have an out, but because he doesn’t panic and he’s so clever and comfortable technically, that he finds a solution where sometimes there are no solutions.
The Reds had Auro on loan from Sao Paulo last season and opted to keep him permanently in December. That announcement came with very little fanfare compared to when Toronto brought in Pozuelo a couple of weeks ago. Defender’s generally don’t come to the MLS with the same hype as forwards or attacking midfielders, even if they’re as ultra-talented as Auro.
Auro admitted that there was some apprehension when he joined TFC last season, moving to a new league in a foreign land and not speaking English. But he talked to former TFC forward Gilberto and to Artur, one of his old teammates in Sao Paulo who plays in Columbus, about the MLS. And then after joining TFC, he discovered that there was a player on the roster, Patterson-Sewell, who spoke Portuguese, his native language. The two have become good friends and now live in the same condo, on the same floor, in downtown Toronto.
If Patterson-Sewell isn’t around and someone needs to talk with Auro, TFC communications coordinator Alejandra Rueda, a native of Colombia, translates, though it’s an interesting exchange. When the Sun interviewed Auro on Wednesday, Rueda and Auro conversed in a mix of Spanish and Portuguese. Different, but it worked.
Auro grew up in Villa Maria, a poor section of Sao Paulo and dreamed that soccer would be his ticket to a better life.
Growing up poor has given Auro a hunger to be the best player he can. His dream, besides helping TFC win championships, is to one day return to his homeland and represent Brazil at the World Cup. And, before all that, to learn English.


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The perfect decorative touch for adding interest and feature to outdoor or indoor design.
Leaves: 62 textile leaves in 3 growth sizes and two shades of green with each leaf embossed to show the veining detail. Mature leaves in a forest green with the new leaf in a light green.
Flowers: 38 textile flowers in luscious lilac with paler accents at the flower centre.


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Em Stafrace| Just a Girl with Ideas: SPREADING SOME CHRISTMAS CHEER!
It's me! Do you remember me? I know it seems like I have been neglecting my blog yet again, but you know how it is time slips by pretty quickly and before you know it the year is coming to an end. Jeepers I am completely in a spin, but I have managed to get all my Christmas shopping wrapped and packaged for the postie to deliver some Christmas cheer to family down south.
I have been busy creating lots of Christmas kits and nifty packs which is partly why I have not been here sharing with you any of my pages so thought I'd better stop by and post a few and yep I have a few arghh. All these pages feature my BERRY & FAWN | COLLECTION and some nifty packs I made called ALL PRIMED UP | PAPER PACK, GLITTER SPILLS | CHRISTMAS ACCENTS and lastly TAPE IT UP Vol.2 | CHRISTMAS WASHI TAPE.
Ooh and all the pages that feature photos of the lil' cuties Miss Morgan and Master Tristan playing in the snow are courtesy of one of my all time fave photographers and friends the fabulous Wendy Otterness.
So that's it for 2015 my last post for the year, I am looking forward to 2016...bring it on I say! Wishing you all an amazing Christmas spent with family and friends and of course don't forget to see 2016 in with a smile on your dial, laughing, snuggling or enjoying a midnight feast of left overs!


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PEOPLE helping to shape the future of Barrhead are to be recognised next year at the first ever All About Barrhead Awards.
Organised by the local business improvement district (BID), All About Barrhead, the awards are set to take place on Friday, May 31, next year in the newly-refurbished Dalmeny Park Hotel.
The awards have been developed to celebrate every aspect of the community, from local businesses, organisations and even individuals who strive to make Barrhead a better place to live, work, shop and visit.
BID chair Paul Santi said: “The Barrhead community have always been passionate about their home town, and we want to ensure that is recognised.
It looks set to be a glitzy affair with a three-course meal, compere and live entertainment. However, there is no doubt the highlight will be the seven awards, and any member of the public can put forward nominations.
The award categories are the Barrhead Star 2019, which will be awarded to the individual, business or organisation which has made the most significant difference to the town.
The Barrhead Family Business of the Year will recognise one family business which stands out as a pillar of the community, while the Impact in the Community award will be given to the business or organisation which has made the biggest impact on the community.
Employee of the Year will go to the single employee within the Barrhead business community who continually goes beyond the call of duty, and the Customer Excellence award will be given to the local business or organisation that continually exceeds the expectations of its customers.
The Barrhead Innovator of the Year will celebrate the local organisation which has been most innovative, and last, but not least, the Young Person of the Year 2019 will be awarded to the local person, aged 16 or under, who demonstrates an energy, courage or drive to improve the community they live in.
An independent panel of judges will choose the finalists and winners, with the exception of the Customer Excellence Award, which shall be decided by public vote.
Limited tickets will be on sale early in the new year, but nominations for all categories can be made at www.allaboutbarrhead.co.uk/awards.


text: Hidden away in swathes of trees on the edge of the Sweni River, this tranquil and intimate lodge features decks that seem to hover high in the canopy of branches. Each of the six private suites is decorated in tones of brown and pistachio to reflect the surrounding riverine forest, and comes complete with outdoor star beds and shower on the veranda. Generous use of glass enhances the vistas, each tree house connected to the next by elevated wooden walkways. Guests are treated to up-close glimpses of a vast array of wildlife that come down to drink in the gently flowing river, the safari experience exploring 33,000 acres of untouched wilderness in the Kruger National Park, on South Africa’s border with Mozambique. Elephant, leopard and large prides of lion are frequently sighted, along with opportunities to spot white rhino, black rhino, buffalo, hippopotamus, cheetah and sable. Further recreations include archery, mountain biking and wine tasting – each of the Singita lodges offering upwards of 180 different bottles.


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Ahmadism: What is Web 2.0?
I'm often asked "What really is web 2.0?" I wanted to write about the Web 2.0 phenomenon and cover it as much as possible in today's post.
The Web, since its inception, has changed constantly, never remaining static even for a moment. There was never a period of upgrade or when something major changed. There was never a Web 1.0 or an upgrade, which warrants a new "2.0" label. Though the term bears the familiar version number so often attached to software products, it doesn't actually refer to any one technology. Rather, Web 2.0 is the moniker for an emerging set of Internet-based tools and an emerging philosophy on how to use them. In that sense, "Web 2.0" is a misnomer.
The name "Web 2.0" gives the impression that its strategies are entirely web-based. In reality, Web 2.0 is a collaborative communications plus community-building strategy that is enhanced by online technologies but exists beyond it. In fact, they work best when they reach us in both our online and real world lives.
The term "Web 2.0" was coined by Darcy DiNucci in 1999 when she wrote "Fragmented Future." Her use of the term deals mainly with Web design and aesthetics; she argues that the Web is "fragmenting" due to the widespread use of portable Web-ready devices. Her article is aimed at Web designers, reminding them to code for an ever-increasing variety of hardware. As such, her use of the term hints at - but does not directly relate to - the current uses of the term.
A company called O'Reilly Media, one of the most prolific and best-known publishers of books about computers and other/general tech, coined the phrase "Web 2.0" in 2003, before the 1st "Web 2.0" conference that took place in 2004. The term, at its most basic, refers to the Internet becoming a platform.
Web 2.0 is social, it's open (or at least it should be), it's letting go of control over your data, it's mixing the global with the local. Web 2.0 is about new interfaces - new ways of searching and accessing Web content. And last but not least, Web 2.0 is a platform - and not just for developers to create web applications like Gmail and Flickr. The Web is a platform to build on for educators, media, politics, community, for virtually everyone in fact!
Web 2.0 is recently associated with tools like blogs, wikis, podcasts, etc. But as I'm sure you gathered, it's more than that. For example, it's about how educators are adapting to a new generation of kids who are growing up on the Web, the so-called "Digital Natives." Tangent: The challenge for educators now and for the future is to learn and teach internet literacy, converse and collaborate with their students using Web tools, and help our children make sense of the huge amounts of information and media that surround us.
It's worth mentioning and clarifying that the technologies encompassed by Web 2.0 include, but are by no means limited to, blogs, tags, RSS, social bookmarking, mashups, and Widgets & AJAX. It's how these, and many others, intersect and interact with one another. For example, it's how RSS meets social bookmarking. It's how AJAX, blogging, tagging & social bookmarking and RSS all come into play all on one page. Although it could be argued that it's separate from "Web 2.0" I personally believe that the philosophy behind Web 2.0 also encompasses cloud computing. The Web 2.0 philosophy focuses on the idea that the people who consume media, access the internet, and use the Web shouldn't passively absorb what's available -- rather, they should be active contributors, helping customize media and technology for their own purposes, as well as those of their communities.
This philosophy contrasts sharply with the old "Web 1.0" methodology (if there was ever one), in which news was provided by a handful of large corporations, Web pages were static and rarely updated, and only the tech-savvy could contribute to the development of the World Wide Web.
Web 2.0 tools are important, but their impact goes much deeper than their gadget-novelty might suggest. Individuals and organizations alike are finding new and increasingly effective ways of connecting through Web 2.0 technology. This is the human side of this technical transformation.
Even the smallest organization has a story to share and voices to amplify. Web 2.0 can help you be heard. This new Web of connections is already allowing many to build movements for social, environmental, economic, and political change.
Web 2.0 is all of the above things and I'm sure a lot more, which I'm sure I'm overlooking. Don't let anyone tell you it's one or the other definition. Web 2.0 is about the people, when it comes down to it. So it has to be inclusive. The definitions of technologists, social scientists, web designers, philosophers, educators, business people, anybody - they all count.
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The County of Namur appeared in the Xth century around the early County of Lhomme. The County was located between the County of Hainaut and the Principality of Liège, and was submitted to several dismemberings, mostly by Liège (Couvin, Ciney, Dinant, Fosses...). The County reached its maximum area under Count Henri the Blind, in the second half of the XIIth century.
In the XIIIth century, Count of Namur Baudouin of Courtenay was the last Latin Emperor of Constantinople (as Baudouin II, 1228-1261). From the end of the XIIIth century to the beginning of the XVth century, the County of Namur was dynastically united with the County of Flanders ruled by the Dampierre family; this was a period of wealth with the increase of the cities and industry. The County of Namur was sold in 1429 to the Duke of Burgundy.
After the French Revolution, the former County of Namur, with the addition of some places and the excision of the Liège enclaves, formed the department of Sambre-et-Meuse. Until 1814, the department matched the former County, excluding Charleroi, Fosses and Fleurus, but including the eastern cantons of Marche-en-Famenne, Beauraing, Gedinne, Saint-Hubert and Wellin. The Dutch rule transformed the department into the Province of Namur, allocated the cantons of Marche-en-Famenne and Saint-Hubert to the Province of Luxembourg and reincoporated the cantons of Gedinne, Couvin, Philippeville and Mariembourg to the Province of Namur.
The flag of the Province of Namur is made of black and red colours, placed parallel to the hoist, black at hoist.
Or a lion sable armed and langued gules a bend of the same.
A square banner of these arms is used as the unofficial province flag.
John I of Flanders, born from Gui of Dampierre and his second wife Isabelle of Luxembourg, was the youngest son of the House of Flanders. When he received the County of Namur in 1297, he took for banner the lion of Flanders with a red bend as the brisure, and crowned the lion with a Count's crown.
Baudouin of Courtenay (descended in female line from the Flanders-Hainaut family) already bore those arms (minus the crown) in 1254 as Marquis of Namur (to note that John I would also have been Marquis, Namur was erected a Marquisate late in the XIIth century, though both titles remained in use). The "Count" of Namur entry of the Bigot roll of arms (dated to spring 1254) is le conte de Namur, l'escu d'or au lion noir au baston de gueules en beslive, in a more modern French blazoning d'or au lion de sable au bâton de gueules. Even before that date it can be assumed that some of the Flanders-Hainaut-Namur family bore these arms. They are indeed a brisure of the arms of Flanders, but predate the Dampierre dynasty by 50-100 years. Certainly Henri of Vianden (married to Marguerite of Courtenay who held Namur from 1229-1237) and his son Philip already bore arms identical to those of Baudouin of Courtenay.
So the only innovation John I might have brought is the crown, if so it would be to denote Namur as a Marquisate, though this late addition is odd (particularly as several Marquis of Namur had also been Latin Emperors of Constantinople, Baudouin of Courtenay for one).
The Province of Namur used, unofficially, colours taken from the arms. These colours were not fixed.
A chart called Vlaggen der Belgische Provincies - Drapeaux des Provinces Belges (Flags of the Belgian Provinces; not dated, but to judge from the font type used, from the 1920s-1930s), as well as some Dutch atlases and books about the provinces, published by Rudi Koot in Vexilla Nostra [vxn]#185 (1993) p. 32-33, show the colours of Namur as horizontally divided red-black-yellow.


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By Jim Harrington. At Best Western Plus Boulder Inn all your transit needs are available to meet your style. We are near a highway to quickly get you in and out of town. We are also near bus stops both for local and regional trips. We provide you with an electric charging station if your car needs one and just around the corner there is a gas station if your car prefers fuel. We provide free bikes to use around town or you can rent one from B cycle for use between bike sharing stations. Shuttle bus companies can take you to or from the airport and there are cabs and limousines and Uber and Lyft you can use to customize your ride almost anywhere. But getting around Boulder is not just about transit it is also about fun. Want an out of the ordinary way to move around town? Boulder has options for you!
Boulder at its core has over 17 miles of an off street greenway system which allows you to ride a bike or walk along Boulder Creek and other tributaries without having to interact with cars. The greenways program provides innovative transportation options in the heart of Boulder along with opportunities to have more fun moving across town. You can walk, hop, skip and jump across town. Boulder even named some of its busses Hop, Skip, Bound and Jump to celebrate moving on the greenways even while sitting on a bus. Surrounding the city of Boulder are over 145 miles of trails. There are numerous places to go to enjoy a hike or mountain bike ride. And we want you to enjoy it all with your own sense of pizazz.
You have your own style of moving and we welcome that. Once a week you will hear numerous “Happy Thursday!” greetings from people in costume riding delightfully lit cruiser bikes as if they were part of a parade. Each week they will have a different theme of costume from Tie Dye, to Pirate, to Santa Claus and even Where’s Waldo ect. They will ride bikes with a boom box trailer of speakers for impromptu dance parties when they stop their caravan and even a sushi bike trailer table for fine dining. If you feel so inclined feel free to join them or just enjoy then from curbside.
For years Boulder hosted a Kinetics festival of human powered sculptures that could race one another over land and water. You can still see a number of these contraptions around town or in use at Burning Man. On warm days it is not unusual to see people get across town on an elliptical bike, in winter on fat tired bikes and all year long on a unicycle. Yes Boulder has a circus school and their students commute by bike too! And Parkour camps so you will see people bound over buildings and other urban obstacles. Boulder does not just have Bike to work days it also has Tube to work days as people dress up in their business finest attire and tube to work down Boulder Creek. You will see people get around on their Segway’s even those with seeing eye canes so watch out for them! In the winter time people will sled, ski and snowshoe in town. Come to Boulder and have fun getting around town in your own style!


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I am extracting information from log and creating fields.
Note:Already I have parsed line Keepalive set (10 sec) to get a single json. How can I parse Keepalive set (10 sec) aliveset (9 sec) to get two jsons ??
} -------------> This works But is this the correct way or Is there any other way to extract the info. Like Using metadata??
And when matching Is there any way to fit the original string??
The reason I use [@metadata] is that there are fields for both the key and the value. I could have just used k1, v1, k2, v2, but then I have four extra fields the event. I could mutate+remove_field them, but fields in [@metadata] are automatically discarded when the event is output.
I am new to Data Transformation in Logstash. So I might throw some basic doubts.
From this sample Line, how can I extract and put input rate in parameter field and in dddddd value field??
I was struck between GREEDYDATA and WORD semantic.
How Can I extract Mutiplt blocks into single json (i.e)Single row in Kibana????
Note: I am able to extract If only one block is available using multiline.
But I am struck when multiple blocks are present in the same file!
Generally If there is anyway to ignore all the lines between two blocks[Pattern matching Multiline] ??
I used below multiline .


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It is important for you to find a good stockbroker in case you are the kind of person who has interest in stock exchanges which involves buying and selling of shares. You need to understand why you should pay the stockbrokers because they will need to be paid. Among the many reasons for paying stockbrokers, one of them is because they provide you with a lot of useful information such as the market flow of the daily stocks. The stockbroker that you consider will also be of great importance in the management of your stocks even though you will still need to choose at the end of it all. You should ensure that you choose a stockbroker depending solely on the demands you have for investing.
Some stock brokers offer a full service which has been highly tailored. That means that they will be required to submit reports to the stockholders concerning how the stocks in the market are moving. Also, the shareholders will provide the stockholders with information concerning the best time for them to buy and sell the shares. You can also come across stockbrokers whose work is only to execute shares. That means that stockholders are only required to place orders through stockbrokers but not be advised about the shares. There are not many requirements that one should have in order for him or her to become a stockbroker.
However, it is important for you to have a stockbrokers’ license for you to be allowed to deal with stocks in the market. There are very many stockbrokers who have a degree even though it is not one of the requirements. Before settling on a specific stockbroker, it is important for you to check their credentials. Before picking a particular stockbroker, you need to focus on the amount of experience that he or she has in brokerage work. A professional stockbroker should know how to read how the stocks keep fluctuating and also stock exchanges.
Using the same kind of experience, he or she will be able to find a good job. You should only engage a stockbroker who possess a stockbroker’s license and one who has gone through the General Securities Registered Representative Examination and passed. The stockbroker that you select should be the one who have been trained for four months and sat for the right exam and later given a certificate for the same. As a stockholder, it is important for you to choose a stockbroker that you can afford because he or she will be working with you in all matters concerned with stocks. The stockholder should find a stockbroker that charges a reasonable amount of money since he or she will be working with you while dealing with stocks.


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"The Old Vicarage and its gardens, belong to the residents who have chosen to make it their home. We are here, as a team, to watch over the Home, to make sure that we provide holistic care* in a friendly, family atmosphere. Our residents are treated like our extended family, and looked after in a way we would wish for one of our own family members."
*holistic care is care that looks at ‘the whole’ person, their likes and dislikes, personality and beliefs.
Mike's previous career involved working in adult social care and at the time he wondered why care homes he visited were of such a poor standard. Run down buildings, unclean and smelling, restrictive care practices and institutionalised ideas. Pat and Mike came from a family background in hotels and Bed and Breakfast and felt that there was no reason those 'hotel' standards could not be transferred into a care home environment. When the building was converted Pat and Mike made sure the interior was well designed, decorated, warm, friendly and that every bedroom had an en-suite toilet and washbasin, with the larger rooms also having a bath. Today this is what you would expect, but in the 1980's it was normal to have shared facilities. This was unheard of for a care home in those days and it set The Old Vicarage apart from other care homes, and so the reputation of The Old Vicarage started to grow.
From the start Pat and Mike also focused on creating a family feel to the home and their young family were integral to the home, each one of their three children going on to work at the home in the coming years. Pat in particular has an eye for detail and sets the standards of the home, paying attention to the little details that help to make us special. This includes delicious home made food and cakes, our special events, quality furnishings and linens that make all the difference.
For this reason many of the people who came to live here in the early days were retired people who were still very active and able, they often kept driving and maintained very independent lives by going out and playing golf, and attending community events. People chose to live at The Old Vicarage because it suited their lifestyle, being waited on, looked after by, and socialising with the large, friendly, family that is 'The Old Vicarage'.
Throughout the years little has changed with regards to our standards, our atmosphere and our reputation. While we do still get people who choose to come to us earlier on in their lives, it is much more common for people to come to us once they feel they are more in need of help and are not coping so well at home. But we have moved with the times and have always met the increasing care needs of our residents, without compromising on all those special ingredients that make The Old Vicarage stand out. Even today we are continuously looking for ways to make things better and improving wherever we feel we can. We do this by listening to our residents and their families and friends.
Pat and Mike are still actively involved in the running of the home and maintaining the beautiful gardens. In 2013 their youngest daughter, Rebecca, rejoined the team after a career with the London Ambulance Service as a Paramedic. Rebecca was joined by her partner Dan who has a background in engineering and premises management. At 11 years old Rebecca, along with her brother and sister, was actively involved with the original conversion of the home, painting, gardening and DIY before her first job in the kitchen and then later as a Care Assistant. The Old Vicarage really is in her blood and she is passionate about it, she wants the best for the residents, the staff and the future of the home.
All of the family live nearby and are on hand for any emergencies or support required. As villagers we are part of our local community and ensure that the home and our residents are part of that community as well. We have always seen our residents and their relatives as an extension of our own family and therefore we are loyal, caring and committed to continuing to provide the best service we can to the people we care for.
"The family are amazing, they never pull a face about anything they are so patient they always listen, remarkable people."


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Roulette game makes great use of mathematics and its important component of probability. Knowledge of mathematics and probability have been proven with time to form the necessary requirements for success in this game. In fact all successful roulette players are mathematicians and this goes back to the history of the game which apparently was invented by a French mathematician who made a lot contribution in mathematics of probability. The mathematician is Blaise Pascal whom you will not study probability without coming across. On the other hand, another probabilities should be made for such gambling games like Rainbow Riches online game. Just look for rules and tips to place slots and you will find everything you need to enjoy this game.
Roulette has relatively simple rules which are necessary to master before attempting to play. But to play roulette professionally is a lot more demanding than learning the basic rules. It would be misleading if you were told that with a little understanding of the basic rules you can become a great roulette player. The game gets a little complex as it advances and this is what makes the difference between a novice and a professional. That is when the players need roulette tips.
In roulette, like on games.paddypower.com website, a metal ball, sometimes white as originally was, is played to spin on around spinning wheel embedded on roulette table. As the wheel and the ball loose their momentum the balls fall off the sloppy edges of the wheel onto a metal frame of carousel which forms the basis of the wheel. The carousel has 37 slots numbered 0 to 36 and the slot on which the ball finally rests is the winning number. You can also learn how to play roulette online.
The roulette ball spins on the wheel until it looses its momentum and falls onto the base of the wheel and settles on one of the slots numbered 0 to 36. The number of the slot that the ball finally rests on is the winning number. If you chose that number as your bet then you win. These numbers on the wheels with the exception of 0 are classified as High or Low, Red or Black, Odd and Even are further categorized into Dozen and Columns. These numbers and categorizations affect the bets you place in a roulette game.
Six-Lines imply strips of six numbers.

industry_corpus2: Math & Statistics