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FLEMINGTON-RARITAN REGIONAL BOARD OF EDUCATION April 6, 2020 Addendum VIRTUAL REGULAR MEETING - 7:00 P.M. Join Zoom Meeting https://zoom.us/j/860300229 Meeting ID: 860 300 229 One tap mobile +19292056099,,860300229# US Meeting ID: 860 300 229 Find your local number: https://zoom.us/u/aebC18u4Nn Due to the concerns with broadcasting public video live the board will meet via Zoom. All members of the board will appear in video and members of the public will be able to participate via audio for citizens address the board. A. PERSONNEL – Susan Mitcheltree, Chairperson, Next Meeting – April 21, 2020 THE SUPERINTENDENT OF SCHOOLS RECOMMENDS THE FOLLOWING RESOLUTIONS FOR APPROVAL: Certified Staff – Appointments, Resignations & Leaves of Absence 6. Approval to accept the resignation of the following staff member(s) for the 2019-2020 school year, as follows: 7. Approval to accept the resignation of the following staff member(s) for the 2020-2021 school year, as follows: \| Last Name \| First Name \| Loc. \| Position \| Purpose \| \|---\|---\|---\|---\|---\| \| Salerno \| Alyssa \| BS \| School Nurse \| Resignation \| Non-Certified Staff – Appointments, Resignations & Leaves of Absence 8. Approval to confirm the leave of absence for the following staff member(s) during the 2019-2020 school year, as follows: \| Last Name \| First Name \| Loc. \| Position \| Type of Leave \| Leave \| \|---\|---\|---\|---\|---\|---\| \| Terelle \| Frank \| CO \| Maintenance Mechanic- Electrician \| Medical \| Disability \| H. MISCELLANEOUS (INFORMATION-ACTION) Action Items 3. Approval to accept the following donation(s) for the 2019-2020 school year, as follows: \| Shoprite Gift Cards to be distributed to Flemington-Raritan School District families in need. \| $800.00 \| District \| \|---\|---\|---\| \| Girl Scout Cookies \| $171.00 \| BS \| 1	<urn:uuid:2ef02e55-c4e5-4728-9620-953cd074e0c6>	CC-MAIN-2024-51	https://www.frsd.k12.nj.us/cms/lib/NJ01001104/Centricity/Domain/5/ADDENDUM%204_6_20.pdf	2024-12-10T03:24:50+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-51/subset=warc/part-00219-b392068a-8e35-4497-8fab-a691b1a71843.c000.gz.parquet	718,462,100	524	eng_Latn	eng_Latn	0.9663	eng_Latn	0.9663	[ "eng_Latn" ]	false	rolmOCR	[ 1822 ]
Floor plans Plot 584 *Preliminary Floorplan Dimensions coming soon	<urn:uuid:426364f3-ad45-4eb7-a4a4-303e5a542787>	CC-MAIN-2020-45	https://www.crestnicholson.com/developments/bilham-farm/plot-48668/Bilham%20Farm%20Plot%200584%20Floorplans.pdf	2020-10-20T15:06:56+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2020-45/subset=warc/part-00133-6409130e-6e9b-44d1-90ec-9f9d0ade2504.c000.gz.parquet	707,498,648	18	eng_Latn	eng_Latn	0.910279	eng_Latn	0.910279	[ "eng_Latn" ]	false	docling	[ 69 ]
Mistaking a Magnate for a Male Escort chapter 58 "Good morning, Mr. Nacht." Charlotte was opening the door for Zachary herself today. Once upon a time, this was an action she scoffed at. Zachary then got off the car and glanced at her before he headed straight to the elevator. Meanwhile, Ben and the bodyguards followed him closely. "Mr. Nacht." Charlotte was about to run after him when she realized Zachary was wearing a Bluetooth earpiece, and he was on a call. "Interrogate Tigris. Maybe what he threw into the sea is just the box. The chip might not be inside. He might have hidden the chip somewhere else." Hearing those words, Charlotte's heart skipped a beat. Oh god, the Devil actually managed to guess what happened! He's really not one to mess with. If I don't give him back the chip as quickly as possible, I can't imagine what will happen next. Just as Charlotte was caught up in her thoughts, Zachary had already entered the elevator. She touched the chip in her pocket as she thought. How am I going to find an excuse to go to level 68? How can I give this chip back to Zachary without him noticing? Charlotte had no opportunity to go to level 68 today; he had not asked her to send him breakfast nor clean the swimming pool. Can I mail it to him, or can I send him the chip along with the documents from another department? But the chip is so important. How can I be so careless with it? I'll be in deep trouble if I lose it. "Charlotte." David's voice broke Charlotte's train of thoughts. "It's time to change shifts. Let's have lunch." "Okay," Charlotte mumbled as she followed David to the cafeteria looking rather distracted. Right then, she recalled Zachary's last visit to level 27 for his meal. Maybe he'll be there today too. Without wasting a second, she promptly dragged David to the cafeteria on level 27. The sudden appearance of two security guards among the crowds of office workers was quite a misfit. David felt uncomfortable standing in the cafeteria. On the other hand, Charlotte was peeking around, looking for signs of Zachary. Her old colleagues in the administration department were all in a hurry to avoid her. None came up to chat with her. At that, disappointment filled Charlotte's heart. She did not understand why they were treating her this way. "Charlotte!" Right then, a voice traveled into her ears, and Charlotte lifted her head to see Yolanda walking over with a tray. "Can I sit here?" "Of course. Please take a seat." Charlotte quickly gave her some space. After Yolanda sat down beside Charlotte, she handed her a pack of yogurt. "I took one for you." "Thank you." Charlotte was immensely moved by her gesture. "No problems. You were nice to me when you were in the administration department," Yolanda replied with a smile. "How are you now, Charlotte? Are you used to your job in the security department?" "It's not bad. My colleagues are nice to me." Charlotte then introduced David to her. "This is David. We are in the same shift." "Hello, David. I'm Yolanda." "Hello, Yolanda." Both Yolanda and David greeted each other. Then, Yolanda murmured to Charlotte, "Charlotte, did you know about this? Mr. Holt's been reassigned to a guard position at the parking lot." "I know." Charlotte nodded. She had been working in the parking lot recently, but she had not encountered Wesley. She thought of it as something lucky, for she did not want to see that man ever again. "Do you know why?" Yolanda wondered. "I'm not sure." Charlotte did not wish to mention it, as she did not think of it as something to be proud of. "Oh." Yolanda did not continue the topic. "I was just curious, and that's why I asked. I hope you don't take it to heart." "It's all right." Charlotte turned to look at the entrance of the cafeteria. It's already half-past twelve, but he's still not here. I don't think he'll be coming today. "Charlotte, I have to leave first. There's an important board meeting, and I have to send the documents to level 68." Yolanda then stood up with her tray. "Can I come with you?" Charlotte blurted. In the next second, she added, "I'm scared it'll be too tiring for you, so I want to help you take the documents up." "Sure. Let's go."	<urn:uuid:9e8182c0-d382-4e15-a6e6-43723f3b56b1>	CC-MAIN-2021-43	https://forum.3ptechies.com/attachments/mmme-chapter-58-pdf.5349/	2021-10-19T19:19:37+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-43/subset=warc/part-00253-16202947-a809-4711-8221-79ab0a79d5b1.c000.gz.parquet	363,536,211	968	eng_Latn	eng_Latn	0.999798	eng_Latn	0.999842	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1254, 2315, 3457, 4238 ]
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations, Theses, and Student Research: Department of English English, Department of Spring 5-2010 Violets Xu (Sherry) Wang University of Nebraska - Lincoln Follow this and additional works at: http://digitalcommons.unl.edu/englishdiss Part of the English Language and Literature Commons Wang, Xu (Sherry), "Violets" (2010). Dissertations, Theses, and Student Research: Department of English. 22. http://digitalcommons.unl.edu/englishdiss/22 This Article is brought to you for free and open access by the English, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations, Theses, and Student Research: Department of English by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. VIOLETS by Xu (Sherry) Wang A THESIS Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Master of Arts Major: English Under the Supervision of Professor Joy Castro Lincoln, NE May, 2010 VIOLETS Xu (Sherry) Wang, M.A. University of Nebraska, 2010 Advisor: Joy Castro Violets is a multi-genre work that explores the complex relationships of Chinese women from the 1980s to the present day as they move through different settings—from the countryside of Zhejiang province, to the metropolis of Jiaxing city, to the suburbia of Omaha, NE. It was inspired by a story heard by the author about a Chinese woman whose husband left her for a year because she had a daughter instead of a son. Half of Violets is made up of a sustained, imagined story about a woman named Xinling and the year she spent as a single mother. It explores her day-to-day life, her tense relationship with her mother-in-law, her complex feelings toward her absent husband, and the societal and cultural expectations and context of 1980’s China. The other half of Violets is made up of personal vignettes told from the point of view of the author, a Chinese-American immigrant, belonging to the generation following Xinling’s. The vignettes mainly focus on lessons and lies from her family stories, centering on the inherited oppression of Chinese women by the older generation. The unconventional back-and-forth format of the work attempts to convey both parallels and differences between the two stories, in hopes of finding an understanding and deeper truth through both fiction and nonfiction. 青出于蓝，胜于蓝 qin chu yu lan, sheng yu lan Violet comes from blue, yet is beyond blue. - Chinese Proverb TABLE OF CONTENTS v Introduction One of the first works of nonfiction I ever read was Tony Earley's Somehow Form a Family, but this first foray into the genre already shattered my expectations of what creative nonfiction was. Tony Earley began his collection of essays by writing about an incident he remembered wrongly. The night Neil Armstrong first walked on the moon, he sat outside with his sister and stared up at the full moon, imagining an actual person wandering around up there. A quick fact check by an editor revealed that the moon that night, that he had remembered so clearly, so vividly, was in fact not full as he had remembered, but a waxing crescent. His first reaction was wonderment, surprise— how could that memory possibly be wrong? The second, panic. The third, resignation and understanding—memory, like everything, was not foolproof. Memory fills in holes, just as it makes connections. Thusly, he explained his essays as ―Stories that Are Mostly True.‖ Audre Lorde's Zami could be called autobiography, but it was not the truest description, so she coined a new genre she named ―biomythography.‖ It was the story of her life, but not her life transcribed on paper, so it became a myth. Again I thought, I didn't know creative nonfiction could come in this form. Both of these authors knew they had a story to tell, yet it was impossible to tell a completely true story. But to call it fiction and deny any resemblance to their own lives, also did not seem right. I wondered if presenting this story as a work of fiction, where so many more liberties could be taken, would also make the story lose its power as something that actually happened. I had to ask the question, how does one tell a ―true‖ story without knowing the concrete details, the personal psychologies, or even how exactly the ―plot‖ unfolded? Like the stories my grandmother told me as a child in China, sometimes lies portrayed as facts were also told, and sometimes it was impossible to tell what was lesson and what was lie. Ultimately, this project began as a quest for understanding. My mother's friend's husband left her for one year after the birth of their only daughter in the 1980's. It was a basic story, yet I was most curious about the passage, the day-by-day of that year. Moreover, the choice for this woman to take her husband back after this year away, choosing to continue this marriage until the present day, more than twenty years later, was a choice at once baffling to me, as a young Chinese-American woman, very aware of the Chinese culture yet inevitably influenced by American values as well, but also a choice that I knew to be an obvious one in the setting of 1980's Southern China. The story resonated with me for a number of reasons. Often I placed my own mother in her position, my grandmother in the position of the woman's mother-in-law, and myself sometimes in the role of her daughter, as well as herself. The knowledge that a similar story happened to us, that we were in such a similar situation, made me wonder: why was our outcome any different? The character that grew out of that curiosity and desire for understanding, Meng Xinling, was someone not wholly different from the original woman of my mother's friend, yet inevitably influenced by my own understanding and experiences. The intention to pen a story, based closely on her experiences, framed and placed next to my own experiences and the family stories I have listened to, was not an attempt to pass an untrue story off as a true story, but a wish to make sense of her story through my own unique perspective, and moreover, to present an author and her penned story together. I think it is important that the reader understand the parallels I see from her story and my own, in my hope that they can empathize with Xinling's story as I do. Through this method, the so-called truth in writing becomes more than just a dichotomy of truth and lie. Tim O'Brien writes that ―fiction is for getting at the truth when the truth isn't sufficient for the truth‖ and furthermore that "[f]iction is the lie that helps us understand the truth." I hoped to present both the truth and the fiction. These questions of how to balance a work that includes both fictional and nonfictional elements were all in my mind as I wrote forward. Maxine Hong Kingston's Woman Warrior showed me that creative nonfiction could be made up of fictional and nonfictional elements, of myth and memory, and though I agree with Ha Jin's criticisms of Kingston misusing facts in order to prove her points, the innovative form of her book did appeal to me, and I found it relevant to what I was trying to write. I shifted my focus to bringing the reader through different times and settings that I had either first-hand experience with, or had thoroughly picked my mother's memory for. The setting of 1980's Southern China was a critical part of my project. The uncertainty of the decade following the Cultural Revolution, the return of the education that was essentially wiped out during much of the 1970's, and the very wide social gap, both in terms of class and culture, between the rural and the urban environments were all important factors in shaping this story. The claustrophobia of having several generations of a family living together in close quarters, the inability to speak candidly about one's feelings, and the sense of being trapped and resigned to a Chinese woman's fate and choices were also aspects of this world that I wanted to convey. My intention was certainly not to propagate further stereotypes about Chinese women when there are already so numerous in Chinese-American literature, but instead to quietly paint a picture of a society in flux and in motion, torn between the old and the new, and struggling between binds set by the older generation of Chinese women and the strong urge to break free of such binds. More specifically, I was focused on the delicate balance between a woman's love and obligation toward family. Xinling struggled with her love for her husband, the dignity of being a Chinese woman in a society where much was expected of her—career stability, competence as a mother, daughter, and daughter-in-law—as well as maintaining a peaceful and calm exterior to the outside world, no matter what inner turmoil was within. Allowing the reader access to Xinling's thoughts and staying close to her body throughout much of the narrative was a choice that I hoped would make her position more clear, especially her fears, her thoughts, and her reactions. Getting deep into Xinling's psychology was a move that I knew I, as a listener to her story and a writer, needed to really comprehend her story, and it only made sense to me that the reader would need such candor as well. I experimented with the changing of point of view between the two viewpoints of Xinling and my own memories because I wanted to create a rich mixture of memory, imagination, and everyday life, hoping to achieve a very complicated psychology, especially the psychologies of two very different Chinese women, but whose stories could still resonate with each other. I hoped readers could find deeper truths about both stories as they read them side-by-side. The memory I wrote of was not necessarily tied together by chronology, or even direct cause and effect, but instead by themes or pieces, the senses, and even stories that I will never know are true or not. This was especially pervasive through the parts of the narrative told from my point of view. The choice to write vignettes flowing naturally into another story, another memory, seemed to me to be most true of how memory functions. Though some immediate cause-and-effects may have been lost, the revelations that come with time and reflection, I believe, were gained. The importance of a grandmother in the family structure was also a pervading theme throughout the work, especially a grandmother that bore sons. I hoped to show that a Chinese woman could at once be the most powerless as well as the most powerful member of a family. Though the society that I wrote about of course valued boys over girls, especially in a one-child-per-family generation, the strength of the grandmother was also never undervalued. Hualun took care of her four sons on her own after her husband's death, sending them to school, feeding them, tending to their farm. My grandmother's parents died when she was teenager, and so she took care of her three younger sisters, as well as her own five children. Other works that I came to for guidance, in addition to the ones mentioned in the very beginning, included Haruki Murakami's Norwegian Wood, which, though very different in subject and setting, was a work I thought demonstrated the beauty in writing about the ephemeral nature of memory. Deng Lijun's classic love ballads, that began to be popular in Mainland China from Taiwan in the 1970's, although they could only be listened to in secret during the Cultural Revolution, also aided in understanding the position of a Chinese woman and how she was expected to be during this time. Fan Wu's works about modern-day Chinese-American immigrants struggling with their new hybrid identities, along with Jhumpa Lahiri's works about Indian-English-American immigrants, were both works that were helpful to me in their exploration of similar content. I hope that my work will find its own niche among these contemporary works in its exploration of 1980's China, identity and its ties with setting, and the role of Chinese women in the home through the generations. Moreover, the use of multiple genres and voices to tell a story, I hope, will reveal a young woman's attempt to understand the decisions of an older woman, who ultimately wasn't blessed with the same luxury of freedom. Prologue I first met the woman I call Meng Xinling when I was maybe five or six. Her daughter was in middle school by then, and had just recently grown interested in boys and makeup. Our families would run into each other at parties and gatherings, mostly because there were a limited number of Chinese families in Omaha at the time. Though that number has grown significantly since then, it is still fairly easy to identify every Chinese person we come upon, if only to place them with a certain group of people— graduate student, wife of so-and-so, someone we heard was leaving soon, native of suchand-such province. I didn't remember a great deal about Xinling or her daughter, and because she and my mother were never very close, our families remained merely acquaintances through the years, through my years of middle school and high school, through my father's numerous strokes and our moves from different apartments to finally a house. Once we met Xinling at the store while I was sick and my eyes were still puffy and red from crying, likely from some small prepubescent worry that I don't even remember. It was awkward because both she and my mother were being overly polite in the way where their voices kept reaching for higher and higher notes at the ends of sentences and questions. When we left and walked toward the parking lot, I asked my mother who she was again, she looked familiar. My mother said to me that she was Kasey's mom, and that was the one way she was identified. I knew very little of Kasey except for what was related through the Chinese grapevine. I knew she was boy-crazy, once announcing to everyone at a wedding that she had a boyfriend, and that she was, in the eyes of many Chinese parents, whitewashed. After I went away to college, many of my mother's closest friends moved away, and through meeting again and often at the same gatherings of Chinese people, she and Xinling struck up a friendship. It seemed strange to me that they would finally become friends after knowing each other for so many years, yet when I suggested to my mother that it was because she was low on friends and that was why she had befriended Xinling, instead of chuckling or becoming upset with my assumptions, she calmly replied that Xinling was different from how she had always expected, and that they found they had a lot in common. As she and my mother grew closer, Xinling confided in my mother about her marriage, her worries about her daughter, and her family. Once my mother let her borrow a Chinese drama series about a couple in the 1980's. We had stacks of dramas on DVD. Even now, my parents watch episodes every night after watching the American news. The woman in the series Xinling borrowed was from the city and the man from the country. Xinling said she cried while watching it—that it was practically her story. When she told my mother her own story, she began crying in the hospital cafeteria where the two of them met during their lunch breaks from their research jobs at the medical school. When my mother told me Xinling's story, it sounded like one of those stories where it seemed fiction. Maybe even fiction that had a rather clichéd plot—a plot done to death. Yet when I think about my mother and the relationship that I have with my own grandmother, my grandmother's distrust of people from the country, or really anyone who isn't of her family, or who isn't as educated or well-off, or any of her daughter-inlaws who didn't bear sons as she did, I wonder how many other women have stories like Xinling's and my mother's. I wonder if these women are in the same positions as Xinling. Are they, like her, women in their 50's living in the United States as well? Do they talk about divorce every year but never go through with it? Do they watch drama series and see themselves so clearly in the female protagonist they wonder why they get so angry when the fictional protagonist makes the same decisions they do? Or perhaps strangely liberated when she makes a different decision? I don't know Xinling's story as she does. But I imagine it often. And sometimes when I visualize her story, inevitably my mother gets substituted into her position, and sometimes when I imagine her mother-in-law speaking to her, I remember words my grandmother once said to me, or what my mother says she once said to her. I try to put myself into Xinling's position, try to place myself back in time to before I was born, and try to reason with myself why she would choose to stay with her husband, and I don't know if I am successful. Mostly, no. Most of the time, as someone who grew up in America, I cannot understand. Sometimes when I sit with my younger cousin, Han Yi, whose mother asked me while she was heavily pregnant whether I wanted a little sister or brother and I answered sister, I wonder if I am responsible for her. Genetically and biologically speaking, I know that I'm not responsible, of course, but at times I feel like I was the only one who ever wished for her. She is loved now—she is her parents' only child—yet I wondered if I was the only one who wasn't disappointed with her. I wondered whether or not my wishing really did affect her coming out a girl, instead of the boy my grandmother had prayed to the Goddess of Mercy for. Instead of the boy that both my cousin's parents prayed for. At the very least, she was born in the city, instead of the numerous girls born in the country that are abandoned on park benches or drowned. Between the abandonments, the abortions, and the deaths, my generation of only children is now made up of four girls for every five boys. In the context of a population of 1.3 billion people, that 4:5 ratio is no small number. I remember my choir director in 6 th grade telling me on a yellow school bus about her friends who adopted a baby girl from China. ―I heard she was left to die. Luckily she was taken into an orphanage. The orphanage only had girls.‖ I nodded. ―But she's beautiful and so smart. Why would Chinese people not want a beautiful little girl?‖ she asked me. With the exception of a few kids calling me chicken fried rice when I was a child, I had never felt so out of place as in that bus-full of white kids, with a choir director whose pursed red lips, freckles, and clumpy lashes seemed to be disapproving of me and my entire country. That she was asking me to explain why my country thought this way. I didn't know how to answer her because I didn't understand either. * * * Meng Xinling was originally a real person, and the story that I try to tell of Meng Xinling and myself in the following pages is based on a true story—a story born out of my many summers spent in China throughout my childhood and adolescent years and the memories and knowledge my mother has shared with me. And though I grew up and am now attending graduate school for English in America, I wasn't surprised that my nonfiction work found its way back to China. Stories like Xinling's story still seemed important to me, because her story—the story of a woman faced with the pressures and limitations of her time and culture—is universal despite its personal meaning to her and to me. Thusly, the province and city the story is set in, names, the vegetables that Xinling's mother-in-law planted, are all changed. They are changed because of privacy issues and also because these are the details that I imagine as I try to make sense of her story, so that the story seems real to me. I know that sounds oxymoronic—fictionalizing a story in order to make sense of it, to find a deeper truth, but this particular story, withered by passing time and retold through the mouths of several authors, is as filled with holes as they come. Meng Xinling is no longer one woman in my mind. In my more honest moments, I realize that she is a combination of every woman I don't have to be. Xinling Chapter One: Country This is what I imagine: a woman named Meng Xinling, a native of Zhejiang province—a province in the southern, humid part of China, known for their soups, their beautiful, delicate women, and domineering men. She is twenty-eight, married for two years, with a daughter not yet a year old. She visits her mother-in-law every weekend in the country, a good ten miles outside of the heart of Jiaxing City. Her husband is absent. On this August day, she makes a decision. On this day that Meng Xinling purchases the blue mosquito netting, she decides she will finally give up on these weekly visits. She hadn't originally intended to buy the mosquito netting at all, only meaning to stop briefly at the market and buy what she would need for dinner that night. A big pot of stew was what she was craving, even though there was more than enough heat and humidity already in the summer air. But she still wanted stew. So she bought pork, as fatty as it came so that almost half of the meat was white while the other half was a lightly tinted pink. She bought vermicelli that would swirl around in the clear broth— thin, jellylike, and glistening. She bought lettuce and wondered if she would need to buy green onions and ginger and star anise and sesame oil, whether her mother-in-law had already used up what she purchased last time. Just in case, she purchased some anyway, wiping the beads of sweat on her forehead with a handkerchief as she haggled with the vendor over the price of half a kilogram of pork. Though she intentionally picked a fattier piece of meat because it was what she personally liked to eat, she still used that usually unfavorable characteristic to try drive the price down. She was somewhat successful, for the butcher, wearing a blood-stained apron wrapped tightly over his stomach, relented to the point of meeting her halfway in price if she offered to buy an entire kilogram instead of half. On her way to buy soybeans, she passed a table of brightly colored squares. The old lady sitting behind the table was wearing a blouse with small, blue flowers scattered over it, a straw hat with a broad, long rim, and a set of navy sleeves over her forearms and wrists, like what Xinling wore sometimes while she cooked so the hot oil wouldn't splatter on her skin. Xinling could see the old woman's messy black and white hair peeking out from beneath her hat. Sitting on her stool, she muttered the same slogans over and over: ―Mai wen zang la! Mai wen zang la!‖ Her words had a distinct rhythm and pitch to them, like the refrain of a song. Though she spoke with the heavy accent of their local Zhejiang dialect, her voice was surprisingly gentle and soft. Maybe it was her voice that lured Xinling over to her table to look at the different colored squares that she only realized when she looked closely were mosquito nettings. There were pale pink nets and white and a pale blue. She stared at the netting folded in thick squares and under the bright sunlight, the pink looked particularly saturated. Xinling walked over to look at the white netting, but it seemed too morbid, like a death shroud. So that left the blue. ―Feel free to look around,‖ the woman said, spreading the netting out across the edge of the table. ―It's all of the finest quality. Will last you a lifetime. No holes. Will not rip.‖ A lifetime was an awfully long time, Xinling thought. She had bought the things before, and they nearly always ripped if tugged on a little ungently. ―All right,‖ Xinling said, fingering the netting. The color looked so saturated while they were piled there layer over layer, but lifting only one layer, the netting nearly disappeared. ―I'll take a blue one.‖ The woman stared at her silently for a moment, likely surprised at the ease and quickness of her sale. But she didn't allow her surprise to linger for long. ―That's right,‖ she said. ―I'll give you a new one. Never been opened,‖ she pretended, as though she were doing her a huge favor. She fumbled beneath her table and pulled out a blue mosquito net, wrapped in plastic wrap. Xinling counted out wrinkled bills and plucked a few silver coins out of her little coin pouch and handed it to the woman. ―Come often,‖ the old woman said. The walk from the market to her mother-in-law's house was long and humid, and Xinling could feel the drops of sweat that ran down her temples and the back of her neck. But she was anxious to get back to her daughter, and she just kept telling herself that after dinner tonight she could go to bed and the night would go by quickly in slumber, and then it was just the first half of Sunday to sit through. Then she would cook enough at lunch to last for dinner, and then she could go back with her daughter to the city and her parents' home, and she wouldn't have to even think about coming back here for another week. But it was the filial thing to do, and after marriage, she was a part of her husband's family. She was of their people now. Still, the countdown was something she started every Friday evening when she couldn't sleep for dread of the next day, and in her mind she could see the landmarks she set by mealtime or weekly chore, crossing each of them off after completion until the list slowly dwindled down. Too quickly, she reached her mother-in-law's, entering the small concrete house with the door wide open. The house looked lonely, its grey walls and low, red, brick roof peeking out among the grasses and yellowish brown dirt. The smaller henhouse was nearby, and there were small patches of green vegetables grown in neat rows. The nearest house was close enough to see and hear faintly, but still far enough where they were well out of each other's hair. The hot wind blew in and around the room, fluttering the once-white curtains at the windows and the pieces of tattered red paper peeling from the door. The characters on the paper had been painted months ago by her brother-in-law for the Lunar New Year, but her mother-in-law, Yuan Hualun, had never bothered to remove them afterwards. Now they just hung like torn ribbons from the door, and likely would remain until they would be covered by the next year's banners. ―Ma?‖ she called as she went in the door hesitantly. When she didn't see her anywhere and didn't hear a reply, she walked straight toward the kitchen to drop off her purchases. She placed the thin plastic bags, thinner than skin and transparent, full of vegetables and spices, on the counter by the little coal stove. ―I'm back,‖ she attempted again, calling out to the yard. When she looked out, she saw her mother-in-law crouched down against the ground. Her back was towards her, her short, straight hair disheveled by the wind. Her body was so close to the billowing tall grasses they seemed to surround her. Xinling was sure that she had heard her call, but Hualun didn't even seem to flinch. Her hands remained busy. Xinling's daughter, Kaixin, was still outside, sitting in the dirt, while Hualun sat close by, picking weeds with her brown leathery hands. An excess of skin seemed to cover Hualun's entire body, overbaked and overdried—a brown raisin. Xinling went back to the kitchen to grab her mosquito netting and sneak it into her room while Hualun was still outside. She ripped open the package and unfolded the netting. The fabric was light and floated slowly down, hanging almost still in the air. It looked like sea foam draped loosely around her. She climbed on her bed and began to hang up the netting. Small nails were already in the walls. She couldn't remember who had lived in this room before her, perhaps her brother-in-law, who had moved out after he had gotten married. The bed had to have been his, another thing that she used that somehow seemed not hers no matter how long she had it. The bed really wasn't much of a bed, just a frame of criss-crossed bands that had been slept on long enough so that the bands were loose and the entire bed cratered in the middle. On top of the frame was a layer of cardboard consisting of pieces ripped from various boxes. She assumed they were left over from when they'd moved into this house. And then it was just the layer of peach-colored cloth that she slept on, with a large purple chrysanthemum blossom in the middle. She had discovered the layers one night when she couldn't sleep, and with every toss and turn the creaking of the bed was so loud, she had to hold her breath and listen for the sound of Hualun's footsteps approaching her door. She would surely be reproached for keeping her mother-in-law awake. So Xinling had quietly turned on her light on the bedside table and flipped through the layers of the bed to discover the cardboard and the bands that were the only thing that she slept on. She might as well have slept on the ground. The concrete would probably feel cooler than the cloth, or the bamboo sheet they spread on the beds in the summer. The large purple chrysanthemum, she thought, looking down at the blossom from above, was morbid. No one ever brought chrysanthemums unless there was a death in the family. She remembered when her grandmother had died when she was nine. They had all worn white, even she and her little brother. Her mother had cut off the little white chrysanthemum blossoms that neighbors and old friends had filled her grandmother's house with and tucked them in her hair. Now she was sleeping on an enormous chrysanthemum, with small delicate petals hanging and dripping down at the sides. The flower was frozen in the already-beginning-to-wilt stage. It seemed almost like wishing death upon someone. When she was finally done hanging up the mosquito netting, she stepped back to admire her work. The canopy the mosquito netting created above the full-sized bed, stuck tightly against the wall, was so thin she could barely feel it with her calloused fingertips, and if the netting she bought hadn't been blue, the foamy gauze it created, almost like a cloud, would have been nearly invisible. She had rummaged through drawers and found a few wooden clothespins, dirty and rotting, which she would use to keep the netting closed at night and during afternoon naps. Her daughter's poor fingers, so plump and pale and fleshy, were covered in red swollen spots, courtesy of the mosquitoes who seemed especially attracted to her baby daughter's blood. When her daughter would grow up and ask her why mosquitoes only bit her, she would answer that her blood was sweeter, that it was like drinking soda pop or licking candy for them. Tired, and finally home after work, all Xinling wanted to do was to be with her daughter. Her baby daughter had been ―aahh‖-ing more and more frequently lately, reaching out with her fat, short arms for her. Sometimes she wondered if her daughter knew when she was coming home, waited for her expectantly, missed her when she was gone. Her daughter, whom she was certain would grow up to look more like her, inherit her pale skin, her creased mouth that could easily turn to a pout, her uneasy, slightly selfdeprecating smile. She should start dinner. In addition to the blue mosquito netting, she had purchased tomatoes, green onions, green beans, cucumbers, and a slab of pork. The slab of pork had been an extravagance—most of the slab wasn't even pink meat, but white fat that would become soft and smooth after being stewed in soy sauce and sugar. The sweet, tangy aroma would fill the house and drift out to the yard. Her mother-in-law would scold her, ask her what she was doing buying a slab of fat, and what she was doing eating such heavy foods in the middle of summer. But she was sick of cutting cucumbers in small cubes, seasoning them with nothing but a bit of grainy salt. Eating that with old porridge that had been reheated so many times, re-diluted so many times the overboiled grains of rice, long split open, now all sunk to the bottom, leaving the porridge to be practically opaque rice water. She always drank it quietly, directly from the large, shallow bowls, which were so heavy she couldn't hold her bowl normally, her thumb over the rim with the rest of her fingers below, but instead had to balance the entire bowl in the center of her palm. She remembered making fun of those children who held their bowls that way when she was a child in school, those kids that always seemed dirty with their hair a mess, wearing brightly colored, mismatched clothes, their pants too short, their jackets too long, their skin all a leathered brown. They would all hold their bowls like that, shoveling their food into their overstretched mouths. She had felt sorry for them, but had not thought enough to go over and talk to them. Her mother had warned her to keep her distance. That they might carry diseases, and that they came from families of petty thieves. She remembered that they always looked so dirty to her. Perhaps because their skin was darker, or the other kids would stick things in their hair. They all knew what they were—immigrants. Country kids who had been taken pity upon by their better-off distant relatives in the city. Their parents had come for work, working odd jobs here and there—fixing bicycles or selling shirts on the streets for a few yuan. Some came and learned to drive taxis. They came from a different world. She had always drawn a thick line between them and her. Of course, until she married one. Zhejiang was so hot this summer of her daughter's first birthday, but it was hot every summer. Oppressively humid, and the sun always seemed to be larger and closer to the ground than any other place she had ever been. She wore straw hats or walked around with an umbrella to keep her skin fair. Her umbrella was a pale green, with small ruffles lining the curved edges. She liked to pretend a canopy of leaves was shading her from the sun on hot days. Each week since she finished her yuezi—the month of rest after a woman gave birth—nearly a year ago at her mother-in-law's, she had brought her daughter back from the city to visit her in the country. Ideally, she should have lived with her mother-in-law full time, helping her with the cooking, the grocery shopping, washing her feet in the tin washbasin before bed. But she had used numerous excuses to leave. All of out of politeness really, for she knew very well that her mother-in-law had no desire for her to stay, complaining she did her work too slowly, that she cut her vegetables into such large, clumsy pieces, or threw out old food when it could still be eaten. That Xinling was not a strong woman was what she meant. Perhaps that was why she could not bear a son. This weekly visit was already bordering on unacceptable. She knew that people had been muttering and whispering about her. A married woman, with a child, living with her own parents still? Perhaps her husband is trying to divorce her? Maybe he only married her long enough to use her father's connections to get him a good job in the city. He's from the country, you know. Oh and she was so pretty when she was young. What a pity—had the palest face, the smallest cherry mouth. Half the men at her college were after her. Always offering her rides home on the backs of their bicycles. But you know what they say, "Hong yan bo ming." Yes indeed, she had read that, and had heard it before too, usually heard it preceded or followed by a long sigh, as though to say, I wouldn't wish such a fragile life on anyone. She wouldn't either, she realized. But she hated that phrase Hong yan bo ming. The idea that a beautiful woman was nothing more than a man's love, and so her life was fragile, completely determined by how the man felt about her. Look at her mother-in-law. She certainly didn't have a fragile life, it was hard as nails. Indomitable, unbreakable. She had borne and raised four sons by herself. Her husband in the ground barely after her youngest son was born. Xinling imagined the sky fluttering with thin, white scraps of paper as her motherin-law escorted her sons, with her newborn in her arms, all wearing white capes and carrying small bouquets of white flowers. Hualun would have cried as she was expected to, throwing herself against the casket before they torched her husband's body, sobbing at the black and white framed picture of him that now hung prominently in the main room. Xinling always found herself unconsciously staring at her dead father-in-law's picture whenever she walked past. His eyes always seemed to be boring into her though she had never met him. He looked eerily like her husband—prematurely balding, a thin, gaunt face, large mouth and thin lips, dark eyebrows. But his jaw was squarer than her husband's angular face, his forehead longer and less rounded at the hairline. And his eyes were larger, his pupils seemingly more dilated, or maybe it was just the nature of the old photograph. But the sight of his face there, with unblinking eyes, while she was eating dinner at the table, silent except for the occasional clang of a soup spoon against the bowl or a loud slurp as they drank their clear soup, terrified her, and she couldn't help but look up at this picture every now and then, if only to verify that he was still confined to the frame. When Xinling finished cooking dinner, she called out to her mother-in-law in the yard. Her mother-in-law was sitting on a low stool, wearing loose flowery pants she had pulled up to her ankles. On top she wore a dark blue blouse. Her coarse, straight hair was streaked in grey and white, with three bobby pins keeping it from falling in her face—two on one side, and one pin on the other. She waddled slowly in from the yard carrying the baby, her arm hooked around Kaixin's stomach. Her worn plastic slippers were dirty over thin socks pulled up as high as they would stretch. Before she entered the doorway, she kicked off her slippers and took off her socks, so that her bare feet met the concrete floor. She came in and sat at the table, expectant and mute. Xinling carried over a clear soup with lettuce, green onion, and pork at the bottom of the pot. On top floated swirls of vermicelli that made the entire soup look glassy. She dipped a large spoon into the small pot, then brought out a plate of cubed raw cucumbers she had tossed in salt, rice vinegar, sesame oil, and sugar. Her mouth craved this because it was the only thing on the table that would be cold, but still not cold enough for the day. She felt beads of sweat accumulating on the back of her neck and around her nose. She rubbed her nose with a handkerchief. She carried her daughter over and sat her between Hualun and herself. Kaixin's eyebrows were furrowed and her full lips upturned in a pout. She was obviously uncomfortably warm too, but Xinling didn't ask her mother-in-law if she could turn on the fan. If Hualun bothered to give her an answer at all, the answer would be no. She would think there was no need for a fan—that the heat was part of Zhejiang summers and in the country, people were strong enough to brave the natural elements. This difference even extended to how they ate. Her mother-in-law held her chopsticks differently than Xinling did. Instead of her middle finger stuck between the two sticks, thus balancing them and leaving them free to move back and forth, she placed her index finger in between the two chopsticks, leaving only her thumb to navigate through the small pieces of food, making her eating look clumsy. She tried to pick up the thin slices of meat, the slippery cubes of cucumbers, the soft, dripping pieces of lettuce. When she dropped food on the table before it could make it from the pot to her bowl, she picked it up again, shoving it quickly in her mouth and leaving the greased stain on the table unwiped. She chewed with her mouth partly open and crooked, her yellow and brown teeth peeking through. As Xinling watched Hualun further, she began to lose her own appetite. With the humid heat lately, she hadn't wanted to eat very much at all. She concentrated on feeding her daughter, picking the bite-sized pieces of food, paired with clumps of white jasmine rice. She loved the smell of freshly cooked rice. It was so clean. Xinling tried to smile at her daughter as though to encourage her and assure her. But the table remained silent. Her daughter was quiet as she chewed, her cheeks puffing out and red from the heat. When the baby turned her head abruptly when Xinling offered her more rice, she carried her daughter to the bedroom where she closed the curtains in hopes of making it cooler. Xinling felt the silence keenly, the quiet making her more aware of the sounds outside. Children's voices drifted in from across the fields, the breeze slipping through the tall grasses, the faint cluck of bobbing-headed chickens. But what she felt was the awkwardness of the silence. Someone she called ―Mother‖ sat across the table from her at every meal and she had nothing to say to her and nothing to ask. But to make it worse, she had this feeling that it was only awkward on her part. That she was alone in her discomfort. And really that was where the problem lay, wasn't it? She was the only one whom the silence bothered. She could never ask her but she didn't need to. Her motherin-law had no desire to connect to her, to form any sort of relationship that resembled mother or even grandmother, not to her, and certainly not to her daughter—the daughter that should have been a son. Moreover, her mother-in-law would never talk about what she most wanted to know. At first, Hualun tolerated brief questions, answering with curt answers that gave as little information as possible while still, technically, answering, but now she tolerated no more questions. As far as she was concerned, all questions regarding the absence of her oldest son, who was off working hard on his research career for a year or more in the city and building a future by which he could feed the household, were superfluous. An overflowing bucket of water, too many tea leaves at the bottom of a shallow cup of tea. Or this plate of meat that was more grease and fat than anything else. All of it was too much—Xinling was questioning things she had no right to question. But not getting the answers she wanted seemed only fair, because Xinling dodged questions posed by her friends from high school and college about where Zhikai, her husband, was at work, at parties her parents gave, at the store when she met an old acquaintance. She would smile her self-deprecating smile and say something like, ―Oh, all men are like this, aren't they?…He's so focused on his career…such a strong sense of duty to his family…so filial…but of course couldn't possibly compare to your husband…you're so lucky.‖ And then the conversation would smoothly transition to someone else's husband, or brother, or son. She would be safe, at least for a little while. But even if she was willing to explain, she didn't know how. She could barely explain it to her mother and father. Her younger brother, who was about to get married, was there after the birth of her daughter. While she was still at the hospital, her back aching terribly, she called her husband to tell him that she had given birth, and that it was a daughter. He answered with silence at first, and Xinling hoped that it was just the bad connection. He asked how she was feeling; she answered tired. He didn't mention when he would return. Her mother expected him to rush back immediately to take care of her and see his daughter. His daughter was big and strong, had a full head of black hair. But he never showed up. She found out later from her husband's brother that he was living with a friend in Hangzhou. When she told her family, her mother was the one who asked the difficult questions out loud, not to her, but to the air. ―What does this mean?‖ ―When is he coming back?‖ ―Are you…are you getting divorced?‖ The answer to all three of those questions were ―I don't know.‖ But what could she do even if she was divorced? Be a single mother? Remarriage was out of the question. She was already second-hand goods, with a child, with a daughter. No one would come near her now. She had chosen wrong, and now she would pay for it with the rest of her life. The butt of jokes and the opposite of a role model. It was the way that so many parents liked to parent. ―Don't do this, or you'll end up like her.‖ She would be the worst-case scenario for single girls not yet married. After Hualun finished eating dinner, she untangled her legs from the chair and placed her bare feet on the concrete floor. She placed her used chopsticks on her bowl, balanced neatly in the middle of the circle, and got up from the table wordlessly and left, leaving Xinling alone at the table. Xinling's own bowl was empty, half-filled with only white rice. It had stopped steaming by this point and the grains had started to stick together. No one would want her now. And so what could she do but wait? Wait for him to come back, as she had to believe he would. She knew that he had to come back, if at least to see his mother and visit the grave of his father. She couldn't believe that he could just leave like this. Disappear without a note, a letter. When she arrived at his family's home to spend her yuezi there, nearly a year ago, with her tiny daughter, whose face and head were still so red and long, he wasn't there, and she developed a habit of walking around outside in the evenings after dinners of oversalted chicken to watch the sun set quickly over the horizon. Weeds and grasses always crunched beneath her feet. She insisted on wearing shoes, even though her mother-in-law was used to being barefoot, inside and outside her house, and so didn't bother to ask if she preferred a pair of house slippers. Living in the city, her own mother had several pairs ready in a row beside the door just for guests, with separate pairs for men and women. She remembered the air smelled wet and keenly of chives. The small patch of chives was filled with wilted flowers in late autumn—the small, delicate white flowers, now brown, looked from a distance like they were floating in the air. The strong smell of chives kept the rabbits from eating it, she learned, though she could barely tell the difference between the chives and regular long grass that grew in what looked like bouquets around the house. Crickets began to sing as it quickly grew darker, and by the time she would circle back to the house to wash the dishes, it was always completely dark. One day, her mother-in-law had grudgingly slit the throat of one of the chickens to make chicken stew because a neighbor had come and asked how many times she had made chicken stew already. It was what was done for women who had just given birth. The chicken stew should have had the grease skimmed off the top, accompanied by leafy spinach, salt and ginger, and ginseng root that neighbors and family friends had brought her along with dyed pink eggs, congratulating her on the arrival of her new baby. But her mother-in-law just filled the pot with water, splashing the chicken in ungently. When she came bearing the chicken stew, all Xinling could see was a layer of yellowish-orange grease floating over the top of liquid, covering pieces of chicken and kernels of white rice beneath. The layer of grease looked almost opaque, so she stirred it around to break it up. The result turned her stomach. The yellow grease broke apart and peeled away like dead skin. When her mother-in-law left, Xinling used her chopsticks to pinch the skin out of the bowl, wincing as she did. The skin was heavy with liquid, dripping grease on her blanket. She turned to the right, then to the left, her left hand cupped beneath to catch any more drips of grease, but she couldn't find a proper place to dispose of the yellow skin. She heard footsteps approaching the open door of her room, and she quickly dropped the skin back into her bowl of stew. When her mother-in-law approached her, the two of them locked eyes, but neither said anything. It was a disarming stare that her mother-in-law had. She seemed to be able to keep herself from blinking for an abnormally long time, her face devoid of movement or emotion. Her face seemed so hard—dark and frozen, as if stuck forever in that one position. Xinling's eyes, usually already wide, and her mother-in-law often remarked to her son, blank, like shallow black pools, only seemed to make her more annoyed. Hualun's eyes grazed over the untouched bowl of soup sitting on the desk beside the bed. Her eyes narrowed, and she slammed a spoon into the bowl, the spoon clanging loudly against the porcelain. ―You can eat or not, but don't expect me to spoon-feed you,‖ she said, before turning her back and walking back out toward the door. Xinling's daughter woke up from her nap at her grandmother's words, and started crying, her red face scrunched up in some baby-sized discomfort. Xinling wondered if maybe even her little daughter, at this time not even a month old, had some sort of unconscious sixth sense about this place, that she didn't want to be here either, that she somehow knew that she wasn't wanted here, didn't belong here. Xinling climbed out of her bed to pick her daughter up. She remembered being so amazed that her daughter's entire head fit in the palm of her hand. She lifted her up and rested the baby's head on her shoulder, patting her gently on her back and rocking up and down as she paced around the room. She cooed at her as though to tell her that she sympathized, that if anyone sympathized with the need to cry, it was her. And so she had moved back to the city only a month after she had given birth— the very minimum for a mother to rest after having a baby, saying that her own mother could help to take care of her daughter and after all, she needed to return to work. More than that though, she was tired of waiting around helplessly for her husband to return. If she was really honest with herself, then she would admit that the reason she had endured living there for that long was only her hope that her husband would one day suddenly reappear at the door and tell her that he had been detained by some horrible accident that she hadn't read in the newspapers. He would say that he was so unbelievably sorry and tell her that nothing would have kept him from coming home to see her and their new daughter. But he hadn't returned. Hadn't even called or sent a letter asking about how she was doing, how his daughter was doing. So that was what Xinling tried to ask Hualun each weekend she visited. She just wanted to know if she had heard from him. She could have easily tried to rummage through drawers to find letters, except she knew that Hualun never learned to read and could only clumsily write out her own name. He would have to call if he contacted his mother at all. So she tried to broach the subject again that night after dinner. ―It's hot out today, isn't it? It's almost dark and it still feels like the middle of the day.‖ Hualun grunted. ―You know I saw these great short-sleeved shirts at a store in the city.‖ Hualun looked up at her, raising her hand to pull a bobby pin out of her hair. She patted her hair back with her hand so that it was smooth, and slipped the bobby pin back into place. ―They're made out of silk, so it's especially cool to wear during the summer.‖ Xinling heard her voice get higher, like she was trying to fake enthusiasm, or doing a bad job of trying to sell something to someone that they didn't actually need. But she had begun this, and so she had to follow through. ―I was thinking of buying one for Zhikai.‖ Then Xinling waited, for Hualun had to mention something about her son now. Finally, Hualun replied. ―Xiaokai doesn't need any silk shirts,‖ she said, saying silk shirts like it was something disgusting and excessive to her. ―And you should stop wasting his money.‖ In the bedroom, Xinling could hear her daughter start to cry. Hualun got up, walked to her own bedroom at the other side of the house, and closed the door. Chapter Two: Two Homes That evening, Xinling carried her daughter across the length of the small village to the larger dirt road that had brought her here earlier in the day. It had grown nearly dark by now, and she knew that she would have to walk far down this road if she was to find a taxi cab willing to take her back into the city. Even then she knew that an actual cab would be nearly impossible to find. The most she could hope for was one of those tiny vans everyone called bread cars because they were shaped rather like a loaf of bread, and maybe were used to transport bread. She always had to hold on for her life whenever she rode those. They were unsteady and narrow and the insides seemed to be missing something, with only two seats in the very back and the center of the car completely bare so that when making a sharp turn or suddenly accelerating, it was very likely that she could fall forward right onto her face. She repositioned her daughter on her hip, tucked her purse and bags closer to her torso, and started to walk down the dirt road that was lightless and very quiet. The road stretched out far ahead of her, with the only shadows from the small trees with wavering, draping branches. It seemed like only those small trees near water were the ones that thrived, or managed to survive, in the hot and humid climate here. She could see her moving shadow as well, stretching from her feet as she walked down the lane. Xinling thought she looked like a dark, weirdly shaped blob with tall knees and large, round tumors growing out of her side. She knew that if she wasn't so emotional she would realize that this was a bad idea, that she had no business trying to make it back to the city tonight. Her only hope would be a long-distance bus that would be passing through from Hangzhou back to Jiaxing. But they were never very safe, especially after dark. All kinds of people rode these buses and she always heard stories about thieves robbing people at night while passengers were asleep, or a group of people blocking the road and holding people hostage while they forced everyone off of the bus until every passenger handed over all of their valuables and cash. But they were only stories, she told herself. She had ridden the long-distance buses before to get to her mother-in-law's, but it was always with her husband, Zhikai, or with her brother-in-law, and it was always in bright daylight. This didn't seem like the best time to try her luck, especially with a baby, but she walked on anyway. If she thought about it, riding alone in a cab with a strange driver couldn't really be considered safer, could it? Who knows where a driver might take her? But anything would be better than walking alone here in the dark. The last traces of red clouds close to the horizon darkened to purple and then black, but the road remained empty and quiet. She listened for any sound that indicated a car was approaching but all she heard was the billowing, tall grasses slapping gently against each other as the wind whipped through them. It was still very humid but the temperature seemed to have dropped quickly, or maybe the gravity of the situation she had gotten herself into was finally dawning on her. Her daughter had fallen asleep on her shoulder, her thumb serenely clamped in her mouth, with her right cheek squashed and the corner of her pouty lips curved up so that she looked like she was giving her mother a small half smile in her sleep. Xinling held her tightly, and looked back over her shoulder when she felt a glare of lights on her back. She was blinded at first; all she saw were lights, forming unsteady circles like ripples. The light, she couldn't tell if it was more yellow or white, like the sun while high up in the sky around noon, making it nearly impossible to make out the distinct circular shape of it, all of it just rays and rays. Then the lights stopped in front of her, and the lights dimmed so that she saw a man sitting in the car, a cigarette hanging out of the side of his mouth, his hair a bit browner than black. His eyebrows were thick enough that she thought that the two of them should have grown into one, but they hadn't. ―Hey, are you going to get out of the road or not?‖ he yelled from the window. Xinling stood still there for a moment, surprised at the sound of his voice. He spoke with a thick Zhejiang accent, articulate and blunt, with hardly any curling of the tongue. ―Are you going back into Jiaxing tonight?‖ she asked. Her eyes were wide and unblinking. She realized that he hadn't put up the red sign that was usually popped up at the windshield that indicated that the cab was empty and welcoming of passengers. She knew that there was a great possibility that he would just ask her to get out of his way again. But after another drag at his cigarette, he tapped the extra ash out the window, stuck the cigarette back in his mouth, and with his now free hand, gestured for her to climb in the car. She obeyed quickly, afraid that in the next moment he would change his mind. Her hand grazed against the handle of the passenger seat door, but she decided instead to sit in the back. It seemed better that way, to maintain more clearly the boundaries of passenger and driver. ―Thank you,‖ she said, after she had gotten in the car. Her bag was sitting by her side and she rebalanced her daughter on her lap, letting her legs rest on either side of her torso. ―You shouldn't be out with a baby so late,‖ the driver said. He shifted the car into gear without warning, so that the car, and Xinling, jerked forward. The dirt road was bumpy, littered with rocks. Miraculously, her little daughter managed to stay asleep. ―I'm coming back from my mother's,‖ Xinling answered, hoping that her short answer would be enough, and she wouldn't have to elaborate, or think back again on what had just happened. Even now that she was in the car, she could hardly believe that she had walked out on Hualun. She wondered if Hualun had even realized by this time that she was gone, had heard her slam the door, or wonder about the absence of a child crying. ―I was visiting my mother too,‖ the driver continued. ―Was trying to convince her to move to the city. Got it figured out with my wife and everything, but she says the only way she'll leave home is if we drag her out in a coffin.‖ He shakes his head and sighs. ―It's hard for the old to live alone out here. It's not right.‖ Xinling nodded. She first thought of her own mother, who likely had never spent a day alone in her life. ―Why won't your mother move to the city with you? Is she worried she won't be able to adjust?‖ ―That's part of it, I'm sure. My father died a few months ago, and she says she won't leave him. For the first month all she did was kneel in front of his headstone all day, crying and burning paper. She wouldn't eat, she wouldn't sleep. Finally my older sister managed to coax her to go home.‖ Xinling pictured an old woman crying in front of a headstone, simultaneously seeing her mother's face and Hualun's face on the old woman's body. But she had trouble, because she realized she has never seen either of her two mothers cry. ―It must have been hard for her. To lose her husband after so long together,‖ she replied. She admired the old woman for her stubborn loyalty, however irrational. The irrationality of her wanting to be alone just so she could stay close to her husband's final resting place seemed to her to only prove her love more. The paper she burned was never enough, always afraid that her husband wouldn't have enough money to use in the afterlife. Wouldn't she do the same thing? It was probably easier to lose someone after only a year together rather than half a lifetime. But now she was thinking like her husband was already dead. And he wasn't. Their separation wasn't one of life and death, but out of choice—one person's choice. One person's choice that could decide the fate of two. Three, really. ―Of course, but it doesn't change the fact that she's all alone out here.‖ ―Is anyone staying with her?‖ ―My older sister. She never got married, so she's the only one without a family to take care of.‖ Xinling nodded. ―Is your husband staying with your mother-in-law?‖ ―…No,‖ Xinling said, quavering. ―Oh, you came to see your mother-in-law on your own? I wish my wife got along with my mother as well,‖ the driver said, laughing. ―Well, you should just get her to move to the city with you. She could help take care of your daughter, and there wouldn't be any more long drives out here for you.‖ Xinling shuddered at the thought, but was then comforted by her recent decision that this would be the last visit. She'd have to be dragged to come out here again. ―It would be convenient,‖ she replied. She hoped the conversation would shift quickly back to the driver's own life. ―What does your husband do?‖ he asked. Of course. Everyone liked to ask questions like this. What does your husband do? How much does he make a month? How is his family? They were the rudimentary, basic questions that everyone got asked. ―Scientist.‖ The driver tapped his fingers against the steering wheel. ―Oh you're lucky. He has education then. You'll never have to worry about him being able to support you.‖ Xinling swallowed a cold laugh. She managed a weak chuckle instead, hoping it would be enough to signal agreement. How convenient it was that he was already away the week she gave birth, that the only number she could reach him was a convenience store where he went to make long-distance calls, supposedly close to where he was living or working. She had done her best to track down his friends, his colleagues, anyone she wasn't too embarrassed to ask. But she had only found out so little, only that he was working at a lab in Hangzhou. She had thought about going to find him, scouring the area around the convenience shop, wandering local food stands that sold his favorite foods. But her father had forbidden her—―What kind of a woman rushed off to the city alone to look for her lost husband?‖ Except he wasn't lost, not like a lost key or an odd number of socks. He was just gone. She looked at the driver through the rearview mirror and almost wanted to lie, to make up a big, huge story about her husband. What would stop her? She would never see this driver ever again. Why couldn't she make up a story that would save her own face? She could say that he was away for some noble goal, some medical venture that would bring both great glory and profit, and that their separation was for a greater future good. That this separation was necessary for their future happiness. That it wasn't something as simple as the baby, the only baby that she could ever have, was not the boy that they had prayed for and hoped for, even expected, but a girl. A girl that, in the eyes of her husband's family, was completely useless. Not even a decent consolation prize worth looking at. The driver droned on as he made the long drive back into the heart of Jiaxing City. The night breeze that blew in her face through the open window brought tears to Xinling's eyes, and she leaned her arm against the door, her hand supporting her heavy head. Yellow lights that started out dimly against the horizon grew more vivid, and soon the smell of chives and grasses faded, replaced with the smell of people and a bit of smog. Xinling managed to give enough nods and distant questions between the bumps in the road for the driver to feel like it was a conversation, and later she feigned sleepiness so she could close her eyes and have some peace. Finally, they reached the bottom of Xinling's apartment building. A small concrete wall surrounded the bottom of the set of buildings, with sharp pieces of glass imbedded in the stone to keep out burglars. From the windows covered in rows of metal bars hung laundry—shirts and socks and even underwear. Xinling counted out almost all of the bills on her. The man was kind enough to subtract some of the fee because he was headed back into the city, but it still took most of Xinling's cash to cover the cost. He circled around to the other side of the car and held her bags as she climbed out of the car with her baby. She said thank you and headed into her building. The stairways were dark by then and so was the foyer that led into the living room. She managed to unlock the door without dropping her keys. When she walked in, her mother was watching television with the volume turned down almost so that nothing could be heard. When Xinling walked in the door, slipping off her shoes and setting her bags down by the doorway, her mother called out her name worriedly. Xinling saw her mother shuffling over in her slippers toward her. ―Nothing happened, Ma. I'm just not going back,‖ she said. Sherry Chapter Three: Lessons The first time my family returned to China after we had immigrated to the States, I was in first grade. From my dim memory and pictures, this is what I looked like: bowl haircut, my two front teeth gone, and in all of the pictures, I was wearing some form of red. All of us wore red because we were going back for the Lunar New Year. Maybe it was feigned enthusiasm, or a half-hearted attempt to fit into a place we had already left behind. All four of my mother's brothers came to meet us at the airport in Shanghai. We took the night train from Shanghai to Hefei, the capital of Anhui, where my mother's family was from. On the way home, my favorite uncle, Han Chen, sat with me through the night. I was wide awake, both because of jetlag and because I was so overwhelmed by China. My memories were so blurred about my home country—the smells, the beggar on the street who had smeared fake blood on his arm, all of the people everywhere so that there was no place to walk, or stand, or sit. I tried to tell my uncle things in Chinese, but it was tiring, because it turned almost into a game of charades. I gestured and made sounds, scratched my head to try to figure out how to explain it to him in a way he would understand. I remember he was so patient with me, just smiled at me, and tried, very sincerely, to understand what I tried to tell him. I remember his shiny, voluminous hair and his triple eyelids. He had always been a bit self-conscious about his height, and I think the hair gave him a good three inches. I wonder now why he didn't sleep; on either side of us sat my parents and three other uncles, all of whom slept like babies squished together on the narrow, army-green leathered seats of the train. My second uncle's wife was heavily pregnant at this time, yet he still insisted on leaving her to come to meet us. My mom scolded him for it, though she was grateful and glad he came, but when she walked in the door of my grandparent's home and saw just how big my aunt was, even bigger under the long blue winter coat she wore, she said that my uncle really shouldn't have come. My aunt has always had a way with children, and I remember I liked her right away, liked that she was generous with her smiles, and had a big, bellowing voice that was warm and immediately made you feel like the two of you were already very close. She patted her belly and asked me, ―Do you know what's inside?‖ ``` ―A baby,‖ I replied. ―So do you want me to have a girl baby, or a boy baby?‖ ―A girl baby.‖ ``` At this point, when my mom heard my answer, she clicked her tongue and frowned at me, and I knew right away that I had said something I wasn't supposed to say. My mother apologized to my aunt, and explained that I was still too young. ―Bu dong shi,‖ she said, literally, didn't understand things. She took my hand, and led me away from my aunt. That was the only time I talked to my second aunt in the month we were China. A few days later I saw her groaning in pain, with one hand on her waist and the other supporting her belly. My uncle helped her into a taxi cab that would take her to the hospital. It was the beginning of February and it had just snowed. When I heard from my grandfather the next morning that my aunt had had a girl, I was ecstatic. ―I told her I wanted a baby girl,‖ I said. I told my mom that I wanted to go to the hospital and see them right away, but my grandmother said that it was too soon, that they were still resting. ―There's too many people at the hospital anyway,‖ she said. ―Xiao Gong's parents, her brother, her cousin.‖ My grandmother went outside and lit a cigarette. Later on I asked her why she smoked, that it was bad for you, and it wasn't right for women to smoke anyway. She already had problems breathing, so she steamed pears until they were soft and sweet, said they soothed her throat. She said that I would understand when I was older, and besides, her cigarettes were thinner and shorter than the ones my grandfather smoked. We didn't see my uncle for the next week, until my mom said that she was going to the hospital to see them. I wasn't allowed to go with because I was sick, but I heard from my mother when I was older than my second aunt had been so offended no one besides her own family had come to see her new child that she spent that week crying and throwing things at my uncle's head. ―Your hormones are abnormal at that time,‖ my mother taught me. ―You can't help what you do.‖ I saw my uncle a few days later wearing all black. His hair had seemed flatter, without a life of its own like before. We talked about how sometimes when I got up really quickly I would see colorful stars, and he said he was seeing them now. My mother told me that when he was young his hair turned completely white. ―Because he was depressed,‖ she explained. Seeing him standing there in the snow, his hands in his pockets, his tired eyelids made me wonder if his hair would turn white again. Sherry Chapter Four: More Lessons Only last summer while I was in China on my own for the month after I graduated from college, did I realize how that simple choice of going to visit my aunt and cousin at the hospital, or not visiting, had affected the state of so many relationships now. The baby girl I was so excited about when I was seven was now fourteen, about to start her first year of high school. Her mother, vigilant about anti-aging, had her daughter pluck out stray white hairs and worried about the deepening crow's feet around her eyes when she smiled. Of all of my cousins and aunts, my mother and I are closest to them, and my mother says often that my second aunt is the only one of my aunts that married into our family that really treats us as family. My aunt and cousin, Han Yi, frequently avoid going to my grandparents' home, and every time before they go, they are strangely quiet. Even in the brief time I was there, I felt awkward in having to fill in that quietness that they usually do such a thorough job of filling. My grandfather always pinches children he especially likes, and he pinches and caresses my younger cousin, Han Jianhao, who at twelve, is his favorite and oldest grandson. The nickname he was given upon birth was Da Bao, literally the most precious one. Sometimes, when Han Yi brings my grandfather food she especially made for his bad teeth, or shares a piece of good news (a 98 on an algebra test, a prize won for an essay she wrote), he nods and occasionally reaches to touch her, but the compliments are nothing more than the standard polite comments, and his pinches are mostly only to marvel at her plump size. Han Yi says often that she loves her maternal grandfather the most, that he always wanted a granddaughter, but she is his only grandchild, and when I see her grow quiet, and stare down at her shoes, her trendy dark-rimmed glasses slipping down her nose, I look at my grandfather, who obliviously goes back to reading his newspaper or drinking his green tea. Han Yi insists this year, as with every time I return to China, that I sleep with her so we can tell secrets before bed. While the two of us lie on her pink, lacy bed, I tell her that it doesn't matter about our grandfather, that he doesn't mean anything by it, it's just the changing of the times. She says she knows, but knowing something is different from understanding, and understanding is different from agreeing with, or resigning oneself to a certain way. She doesn't know yet that my grandmother blamed my aunt for having a girl, not just because any sort of ―problem‖ with a child is always attributed to the mother, but because right after my second uncle and aunt got married, my aunt got pregnant. They didn't have their own home yet, and she had started a new job, so without consulting my grandparents, she decided to have an abortion. Han Yi was her second pregnancy. Of course, my grandmother, with no knowledge of biology, assumed that the child my aunt aborted was a boy, and in her ungratefulness, the gods bestowed a girl on her next pregnancy. The fact that anyone can see a girl, especially my cousin, who I see as beautiful, intelligent, hilarious—someone I see as so full of potential in what she will contribute to the world, someone who I feel like I don't have to worry about at all because she is so much more mature and aware of the world than I ever was at her age—as a punishment for a wrong is incomprehensible to me. Yet I can't blame my grandmother. At least that's what my mother says. My maternal grandmother, whom I call PoPo, has been hard of hearing since she was about forty, and the tops of her ears aren't rounded with grooves of cartilage as ears should be, but are jagged, like bites were taken out of them. While fleeing their family home when the Japanese invaded China in the 1930's, pieces of her ears froze off. PoPo was younger than her older brother, harder to take care of and keep from crying, and someone would have to carry her the entire way. So they left her behind, with no intention of going back. I suppose they expected her to die and were at peace with it. Her mother, whom I call TaiTai, had lost many of her children through miscarriage and infant mortality, and she had fulfilled her duty of leaving a male heir to the Ren family, so perhaps the loss of a child was no longer something to be mourned over. My PoPo's grandfather was the only one who went back to get her. She said he found her on the side of a street crying, beside the ruins of a collapsed building. Her face was red and tear-stained, from fear and the cold. She said that he carried her to catch up with the rest of their family, and that he scolded her parents—said that they should take care of their own children or not have them at all. But she had still been left outside for too long, and the memory of that day is forever memorialized by her ears. But am I supposed to tell this story to my cousin? So I can tell her that she should be grateful that she wasn't left to die, or drowned, or abandoned on a park bench? That she, just by being alive, is luckier than most, and that by living in her own pink room with a big stuffed teddy bear on her lace-edged bed—what? That maybe, somehow, she is even luckier than she deserves? Was that the moral that I was supposed to relate to her? Every story told to me since I was a child seemed to have a moral, a meaning, something that I should apply to my own life. Like the stories I was told the most as a child by my paternal grandparents, my YeYe and NaiNai. My grandfather, YeYe, was usually the storyteller of the family. He told me legends about a monkey king who made his way into the West (a Buddhist quest) that was made a part of a Hollywood movie, The Forbidden Kingdom, a few years ago. My grandmother, NaiNai, told only one story. The story of a boy named KongRong, who was asked by his father to pick out a pear. His entire family was there to watch him, and it was a test to see what his choice would say about his personality. Imagine the pressure—your entire future and personality determined by a single choice in fruit. But KongRong made the correct decision; he picked the smallest pear, leaving the larger pears for his younger brother, his parents, his grandparents, his aunts and uncles. I remember being confused by the story, not because of the basic plot, but because my NaiNai's Yangzhou dialect, which changed all of her R's to L's, made me think that a dinosaur, a konglong, was the one giving up the bigger pears for the small one. I remember that I felt worse for the little dinosaur, who must have been huge despite being so young. He must have been so hungry, I said to my grandmother. I didn't want to make an example of my PoPo's almost abandonment. Didn't want it to be so simple a story, a moral, as KongRong and his choice of a pear. Especially since such a simple moral was still somehow lost on me. I wanted to tell her different things, that she's just as good as a boy, and that she can do whatever she wants. That she doesn't need a man and that with the disproportionately large population of eligible Chinese men in our generation, she should pick and choose. But I worry about the responsibility that comes with that. Because I know that at the age of 22, I'm already getting nudges and hints, from my parents in America and my extended family in China, about bringing around an eligible boy to meet the parents, settle down, and start a family of my own. ―You should start looking now,‖ my mother's sister said to me, the summer I visited China when I was 21. ―The good men don't want old women. If you're too picky, you'll let all the opportunities slip by.‖ My mother tells me about my second cousins—sisters, both of whom have extremely successful business careers in Beijing and spend money like running water. I remember I first met them the winter I was seven when we visited Beijing—the same winter my cousin, Han Yi, was born. The sisters were in their twenties then—thin with long black hair and boyfriends. I remembered they went to buy us kids ice cream and little lemon cakes. Now, my mother says, the two of them lie about their age. They have to, if they still want any chance of landing a husband. I could sense the pity in my mother's voice, and I know it wasn't intentional. I know that she doesn't equate a woman's success, or more specifically my success, with a marriage. She worries about other things like divorce, and finances, and finding common ground. Yet it's apparent the way that everyone in our family speaks about these two sisters that in their eyes, they have failed by not getting married. And moreover, their failure is relished because it teaches a lesson, demonstrates a moral to a story. My family can use their story to try to tell me to set my sights lower so that I don't end up being the pitied one. The journey from the countryside to Jiaxing city could be made by car, if minimal traffic was met, in less than half an hour. Some who lived in the country biked to the outskirts of town in the mornings to sell their fresh vegetables at the market. Yet that journey seemed so long—from grass and dirt to tall buildings, honking horns, and swarms of bicyclists. Little more than a week after Xinling returned from Hualun's farm, she sat at a table with a bowl of noodles in front of her, alone, finding that she couldn't relax, even during her lunch hour at work. When she saw just how red her yellow noodles had turned, she poured more boiling water on top until the water reached the top and the red sauce had been pushed to the bottom. The steam burned her nose and eyes, but she stuck her chopsticks in the bowl and looped the noodles into her mouth. It was Hualun's first day with the baby all alone, and though Xinling had spent the last weekend doing everything she could think of to do—helped Hualun unpack, filled the small refrigerator with fresh groceries, cut the meat into small strips, washed the vegetables, reminded Hualun of where her daughter's clothes and diapers were, how to turn on the hot water, how to flush the toilet, where the salt and oil and woks were, she still wondered what else she could have done to help. She just wished that she was at home with her daughter. If she wanted to leave her daughter alone with anyone, it wasn't Hualun. But she knew that she had no choice. The night Xinling abruptly returned from Hualun's, and made the decision that she would give up on visiting her every weekend and waiting for word from Zhikai, her mother told her that she couldn't take care of the baby anymore. She needed to go back to work if she was going to keep her job and get her retirement pension down the line. Xinling knew she couldn't depend on her mother anymore. ―You're a married woman, Xinling,‖ her mother said. A married woman, even without a husband present. Little details like that didn't matter. It didn't matter where her husband was, even how good or bad he was to her. Even if she had married him and he dropped dead that very night before consummation, she would be considered married. She was lucky there weren't betrothals anymore. In her mother's generation, little girls whose betrothed died as children were left as 7-yearold, 8-year-old widows, destined to spend a lifetime alone, mourning the almost-husband they never had. Within a week, Xinling's parents had found an apartment that Xinling could rent with Hualun. It was small—two tiny bedrooms next to each other, both connected to an outer room that served as living room and dining room. The bathroom was in one corner, while the kitchen broke off from the common room so it could have a small window. The balcony, where their laundry would hang to dry, could only be reached through Xinling's room. Though Xinling had wished for a home of her own—one separate from Hualun and her own parents—she hadn't imagined it would be like this. Her brother and his friends had helped move the heavy furniture—the beds, the dressers, the table and chairs. The decorating was sparse, and in some rooms, even nonexistent. But Xinling's father reminded her that it was important to have what she needed first—she could do the rest by and by. He looked worried, even more so than her mother. He was always the one who worried about her the most. ―You inherited your mother's demeanor. Her habit of not being able to see what's most important, focusing on the small details instead of the big picture.‖ He shook his head briefly. ―Thank goodness you weren't a boy.‖ What worried Xinling the most was the memory of Hualun walking away from a crying Kaixin the last weekend she took her to see Hualun on her farm, how she ignored her, annoyed by the sound of her cries, even scoffing at her. What would happen to Kaixin if she cried and there was no one but Hualun there? It seemed ironic to Xinling that she hadn't eaten her words. She said that she was never going to go back to Hualun's, and she didn't. But Hualun came to her. She was now living in the same little apartment, with cold concrete floors and a colored curtain covering the window on the door. Their tiny bedrooms were right next to each other, a thin wall separating the two. The small table stood against the only window in the main room. Only three chairs would fit around the table when one side was pushed against the wall. Xinling wondered where guests would sit if they dropped by. She reminded herself that likely no one, except for her mother, would come and visit her. It wasn't appropriate anymore, unless she invited them over. What could she offer them? Hardly anyone knew where she lived now anyway. She hadn't met her new neighbors yet, but she knew that an old couple lived below her and a young family lived across the hall. Sometimes she would see the father taking his son to school. The son must have been a good student. He wore a small red tie around his neck and he had a large yellow, square backpack with a bear's face on it. The father nodded at her sometimes when they met on the stairway while she was going to work, but they had never spoken or exchanged names. Xinling wondered if they saw each other on the street, in a different environment than their shared apartment building or stairway, if they would recognize each other. She saw the mother too at times, when they met while hanging up their clothes to dry on the railing of the small deck, or taking the dry clothes down in the morning, or when it suddenly began to rain. Xinling's mother had saved her the trouble of asking Hualun to move in, bravely making the trip by car to Hualun's farm to ask her to move to the city to take care of Kaixin while Xinling was at work. Xinling couldn't imagine what kind of conversation they must have had. Couldn't imagine anyone having a successful, or even normal, conversation with Hualun. Nevertheless, only one trip was necessary to convince Hualun. Soon Hualun had packed three summer outfits and two winter outfits with her. When Xinling and her brother met Hualun at the long-distance bus station, she refused to let Xinling or her brother carry her bag. ―How was the bus ride, Ma?‖ Xinling asked. She wondered what people on the street would think of them. They didn't look like they belonged together at all. Xinling with her pale skin and good posture, wearing a crisp, white blouse and dark pants. Hualun walked beside her hunched over, making her seem so much shorter than Xinling. Her brown, wrinkled hands swayed by her sides. She wore a flowery shirt with her sleeves rolled up to her elbows. Hualun shrugged her shoulders in reply. ―Crowded.‖ She didn't elaborate. Hualun wasn't looking at Xinling as she spoke, but was instead staring around at the busy street filled with people riding bicycles, with a smattering of bread vans and electric blue trucks transporting lumber and mounds of coal. Hualun seemed to flinch at the sound of each honk. ―Are we going to be living around here?‖ Hualun asked. ―No,‖ Xinling answered, but didn't elaborate either. The city was certainly a different world from the country, from Hualun's little farm where the only sounds were of crickets or clucking chickens, bobbing their heads in the yard. It was easy to hear a truck or car approaching, even from miles away, or someone calling for you. They were always prepared, even expectant, for a visitor. Not like in the city, where Hualun could be lost in the swarms of people crossing the street, her voice drowned by others' loud voices and the honking of cars. Where people lived on top of each other instead of side by side. Xinling had nothing but a sense of dread as she walked beside Hualun. She thought about how she had almost liberated herself from Hualun, from those weekly visits, thought that it was over and she could just wait for Zhikai from her parents' home. Wait or not wait. She didn't want the feeling that she was waiting so simply, so helplessly. And she hadn't even intended to explain to her mother-in-law that she wouldn't be coming anymore. She would just stop going altogether. She figured that after a few weeks’ absence she would understand. Hualun was not a stupid woman. When they entered the xiangzi, Hualun seemed to calm down and look more closely and longer at the several apartment buildings in a cluster. T-shirts and thin socks fluttered from the small decks off each apartment except for the first floor. First floors never had balconies because it would have been too easy for robbers to jump inside. ―Don't people's clothes fly away?‖ Hualun asked, staring up at the hanging clothes. ―Sometimes,‖ Xinling answered. As they walked deeper into the neighborhood, Hualun asked, ―Which building?‖ Xinling pointed to the farthermost one in the corner. ―Right there,‖ she said. ―And we're just on the third floor,‖ she continued. ―It feels like the fourth floor I guess, since there's stairs to get to the first floor. The actual first floor is a small convenience shop.‖ Xinling wondered why she felt the need to blabber on all of a sudden. Both she and her brother instinctively reached for Hualun's bag, but she tugged it away. Xinling saw her brother look at her, but Xinling shook her head just slightly. She followed behind Hualun up the stairs. Before she entered her apartment, she could hear her mother's voice coming from inside. Lunch was likely ready, and she was grateful that her mother and brother would stay with her at least for the meal. Her baby daughter knew a lot of words now—Mama, Ah-yi, Waipo, AhGong. She could point and say that person's name when she wanted them now. When Xinling entered the room, she first saw her mother sitting at the table, with Kaixin balanced on her lap. Across the table from her mother sat a man, with his hands on his knees. His hair stuck up in the back. He gave Xinling a hesitant smile and a small nod. ―Yuan Ma, how was the bus ride in?‖ Xinling's mother asked, standing up to give her seat to Hualun. Xinling stepped forward to take Kaixin into her arms. ―Not bad,‖ Hualun replied, taking a seat and placing her bag on the table. ―Xinling?‖ ―Hmm?‖ ―Guess who this person is,‖ her mother said, smiling. Xinling looked at the man again, and he smiled at her. She looked at her mother. ―I—― She shook her head slightly. She didn't want to offend him, because she felt like she should know him, but all she could think about was dread at the prospect of being alone with Hualun. She didn't want her mother to leave. ―It's Hu Le, remember?‖ her mother asked. ―He lived in the apartment across the hall from us years ago.‖ That's why he looked so familiar, Xinling thought. He didn't act offended that she couldn't recognize him, but made a small joke that he had cleaned up quite a bit, wasn't so dirty and messy anymore, and didn't run around barefoot. ―Oh, where are you working now, Hu Le?‖ Xinling asked, swaying her daughter back and forth in her arms. ―I'm managing our family's herbal medicine shop now. My dad's health hasn't been so great these past few years and my older brother is studying in Shanghai.‖ Xinling's mother nodded. ―It's a big responsibility, taking care of two aging parents and managing the family business.‖ ―Ma—― Xinling interrupted, frowning. ―No,‖ he said, chuckling. ―Chen jia li ye, right? Have to have the career and then the family.‖ ―It's about time to start a family. Your parents must be anxious to have a grandson soon.‖ Hualun dropped her shoes on the ground. The loud clacking sound reminded everyone of her presence. ―Yuan Ma, let me take you to your room. You must be tired from the trip,‖ Xinling's mother said. Hu Le stood up, but quickly sat back down when Xinling's mother told him he couldn't leave yet until he left an address and phone number with them. She took Hualun's bag and waited for Hualun to walk in front of her. Hu Le stood up again, and Xinling and her brother sat down at the table. Kaixin was quiet, and staring curiously at the unfamiliar face. He waved at her, and smiled. She laughed. ―It takes a while for her to get used to strangers,‖ Xinling explained. ``` ―How old is she?‖ ―About eight months.‖ ―She's big. She's nice and rosy.‖ Xinling poked her daughter's cheeks. ―That was your—― ―Mother-in-law. She'll be helping me take care of my daughter.‖ ―That's nice. I'm sure your husband's a good help.‖ Xinling's brother scoffed. She cleared her throat. ―He's actually in Hangzhou. ``` He works there so it's hard for him to get away often.‖ Xinling could hear her voice getting softer the more she spoke, as though her vocal cords knew what she said was a lie and refused to be a part of it. Hu Le nodded, like he understood. ―Your daughter. Did you pick out a name for her yet?‖ ―Yes, actually. Yuan Kaixin.‖ ―Which kai, which xin?‖ ―Kai as in happiness. Xin as in heart.‖ He nodded. ―A happy heart.‖ ―Right.‖ Xinling chuckled. It seemed like such a simple explanation behind a name. ―It's a good name. A lucky name.‖ A lucky name. Xinling hadn't thought about it that way, but that was the first name, the only name, that she had thought of. If she changed the tone of kai and added xin, it literally meant happy, or to have an open heart. She hoped her daughter would be lucky. She hoped she would be happy. Hu Le wouldn't stay for lunch, but promised to visit Xinling's parents soon. Lunch was light, and with the occasional chatter of Xinling's mother, passed without incident or painful silence. Hualun retired to her room for her afternoon nap, and Xinling's mother and brother left. Xinling was left in her room with her baby daughter, and watched her roll around from side to side on the bed until she fell asleep, her plump face toward the side, her little fingers curled toward her tiny palm. * * * On Xinling's way out of the office to her bus stop, her friend and colleague, Xiao Liu, ran up to her, grabbing her arm and panting. ―I'm getting married!‖ she blurted out. Her husband-to-be was the second son of a former mayor. He was college-educated, four years older than Xiao Liu, wasn't balding as far as she could tell, and moreover, his mother had died when he was a child. ―That's wonderful, Xiao Liu,‖ Xinling said. ―I'll definitely come and drink a glass of your wedding bliss wine.‖ ―Xiao Meng, you have to keep your word!‖ Xiao Liu tugged on Xinling's sleeve before she left, practically skipping. On the bus home, Xinling held on tightly to the metal pole she had been lucky enough to claim as she stood, body to body with at least four other people. The bus jerked and turned, but with her arm bent at the elbow and wrapped around the pole, she managed to stay upright. Her other arm gripped her bag close to her torso; she was always fearful of robbers. She had the habit of keeping her bag tight against her stomach, never allowing it to sling toward the back or at her side, where it would be easy for a robber to walk past and grab it from her, running, or surreptitiously slit an opening at the side of her bag, just big enough for her wallet to slip through. She thought about the prospect of going to a wedding. Of course she had promised, but the idea of going by herself made her cringe. She imagined her and Zhikai going together as a happily married couple. Instead, she supposed she would attend with her parents—the Lius and the Mengs had been friends for a long time, after all. Perhaps she could cite her baby as a reason to go home early—an excuse not to stay out late, drinking and singing. But she wondered if Xiao Liu's parents would even want her there. If Zhikai went with her, she could go. She would be a young wife, a new mother, bringing her blessings and well wishes for the bride who was her friend, and whom she wished a similar happiness upon. What wisdom or luck could she offer Xiao Liu, when she didn't even have enough for herself? When she had climbed up the stairs that led to her apartment door, she saw that the inner wooden door was cracked open. She opened the screen door made up of interlocking metal bars and then pushed back the wooden door. She heard the stove and the loud fan of the kitchen and then smelled burning. Coughing as she was greeted by smoke, she ran to the kitchen. Hualun was standing at the stove, shoveling around what Xinling found out later was supposed to be egg fried rice with a metal spatula. The spatula against the wok made a sharp scraping sound as Hualun stirred around and around, sending brown flecks of rice flying. ―Ma, take it off!‖ Xinling cried. Hualun was holding the wok far away from her body, almost cringing, so it wasn't difficult for Xinling to grab the wok and throw it into the sink. She heard the wok give a sizzling sound, like a sigh of relief. She went to pry the window open in hopes the smoke would clear a little. Her hands went instinctively to her head and ears. It took Xinling a few moments to figure out why she still felt so suffocated and anxious. Finally, she unplugged the fan and it became quiet. ―What are you trying to do?‖ Xinling demanded. Hualun had on Xinling's apron, the front of which now had patches of brown. ―I showed you how to work the stove yesterday, didn't I?‖ Xinling walked back over to the sink to check the status of the burnt fried rice. Steam was still rising from the bottom of the wok, and the rice had started to stick and harden to the sides of the wok and to the metal spatula. They would have to soak for hours before the rice would ever come off, if the wok could even be salvaged. The small kitchen was still filled with smoke, and Xinling closed the sliding door of the tiny kitchen from the main room so the smoke wouldn't get to Kaixin. ―You could have set the entire building on fire. Do you understand that?‖ Hualun stood still, eyes to the floor, looking almost like a child being reprimanded by a parent. Xinling lowered her hands from her head as the smoke began to clear. She left the kitchen to check on her daughter. There was a lot more that Xinling wanted to say to Hualun. She thought about asking her to leave, making her leave, but the only reason she had asked her to come at all was because she had no other choice. Because there was no one else. But not only had Hualun not taken good care of Kaixin, she had almost put her in harm's way today. So what was the point of having her come then in the first place? Kaixin was in Xinling's room, sitting on her bed and playing with a red plastic flower that swayed back and forth when it was under sunlight. She was fingering it and, judging from the wet streaks on the flower, had likely placed it in her mouth once or twice. Her thin, light brows were furrowed above her round, black eyes like she was concentrating hard on figuring how exactly the flower was moving on its own. The smoke and shouting in the kitchen hadn't seemed to have affected her. Xinling went over and took Kaixin into her arms. Her daughter struggled a bit— it was still so warm, and the last thing she probably wanted to have a pair of hot arms around her. A clanging came from the living room, and Xinling carried Kaixin out to see where it was coming from. She wondered if Hualun had done something with the now useless wok, but the clanging was from a knock at the steel bars of the outside door. In her haste, the inside wooden door was left open. She recognized the young father from across the hall she saw most mornings. ―Hello,‖ Xinling said as she opened the door for the man. ―I don't mean to just drop in like this, but my son and I saw smoke from outside—‖ ―Oh, we just burned something in the kitchen,‖ Xinling replied quickly. She managed a weak chuckle. She realized she was blocking the doorway, and quickly moved, but the man stayed outside. ―I was worried there was a fire.‖ Xinling shook her head. ―No, everything's fine.‖ The man nodded his head, but still seemed a bit unconvinced. ―Sorry to bother you,‖ he said. ―I was just worried for my son.‖ He nodded, then walked to his door. Xinling closed and opened her eyes. She saw the man's door close before hers, then she closed both of her doors, pushing in the latch. Xinling Chapter Six: Mother The next morning, Xinling woke up her daughter at seven, even though Kaixin usually slept for another hour. The baby stared out the window while Xinling got dressed and combed her hair. She kept her hair short nowadays, so she could go to sleep and go out the door without having to plait it. A dab of a dark brown eyebrow pencil filled in the tiny bald spot on her left eyebrow, and she smudged some lipstick on her finger and rubbed it on her lips and brow bone. She dressed her daughter and fluffed her hair. It seemed a physical impossibility that Kaixin's still unbelievably soft hair still managed to stand straight up on its own. ―Come on, Kaixin. You're coming to work with Mama.‖ She had made this decision last night, after she had spent the evening scrubbing the hardened bits of rice off the wok and then cooked another meal. The food she cooked still smelled burnt, even though it tasted fine. All of them were hungry by then, and she set out one bowl of rice on the table for Hualun, taking another bowl to her room where she ate quietly with her baby daughter. She knew taking Kaixin to work at the hospital office wouldn't go over well for long, but for now she cared most about keeping her daughter with her. The secretarial office was filled with women, and she hoped they could trade off watching Kaixin while they worked. Xinling opened the door quietly, trying not to wake Hualun, but when she looked up, Hualun was already sitting at the table. She had a pillowcase in her brown hands, working with a needle and small bunch of colored thread. She wore little clear glasses low on her nose and held the cloth close to her face. Sunlight barely peeked in the window this early in the morning, and Xinling wondered how she could possibly see without any other light. She reached and turned on the light switch. Hualun looked up toward the light when it clicked on. ―You can turn the ceiling fan on, too. It's right here next to the light switch.‖ Hualun picked up her needle again and stuck it through the cloth, sticking her finger beneath the pillowcase to find where the needle came out again. Xinling stood there holding her daughter and looking at Hualun for a moment, not really knowing what she was waiting for her mother-in-law to do or say. When Hualun continued her embroidery, with hands that probably couldn't even feel the needle pricks anymore, Xinling slipped on her shoes, slung her bag over her shoulder, and left with Kaixin. At work, her friends gathered around Kaixin. All of them complimented her beauty, how big she had grown already, and tried to teach her more words. ―Say butterfly. Huuuu di-ye.‖ Kaixin giggled, as did Xinling. She hadn't ever heard anyone break up the last syllable of butterfly into two. Xiao Liu came by as well and sat Kaixin on her lap. ―Oh, doesn't she make you want a daughter too? It'd be so much fun to dress her up and braid her hair,‖ she said. ―And a daughter will always be close to her mother. Not like a son who'll answer to his wife instead of his mother,‖ someone else piped in. Many people laughed at that. ―You sound like you have so much experience.‖ ―I do! In my last life, I was a poor abandoned mother whose daughter-in-law was an absolute nightmare,‖ she continued, laughing. ―Did you ever think about having a kid earlier, Xinling?‖ her colleague asked. ―By the time you had Kaixin, the one child law was already set, wasn't it?‖ ―Yes, for several years already,‖ Xinling answered. Her colleague sighed. ―I worry about these kids.‖ ―I worry about us,‖ Xiao Liu retorted. ―What do you mean?‖ Xiao Liu clicked her tongue, then brought out her hand, prepared to give a math lesson on her fingers. ―Think about it. Our parents have four, five, sometimes even more kids to look after them when they're old,‖ she said, holding up more fingers as she counted. ―But what about us?‖ Only her index finger stayed standing. ―We'll only have one kid to depend on. One. And who knows whether our kid will be successful?‖ When several people chuckled, Xiao Liu shook her head. ―I'm not being dramatic, I'm serious. What if your kid turns out worthless?‖ ―Your kid won't be worthless.‖ ―But you never know.‖ Xinling saw Kaixin furrow her brows, and then look behind her and reach her arms for her mother. ―Oh, oh, she wants her mother back. She's had enough of us.‖ Xinling smiled, and took her daughter back into her arms. She held her tight. ―All right, we should all get to work. Before boss comes and yells at us.‖ Xiao Liu stood up to get back to her office. ―See everyone at my wedding!‖ * ―I don't know what to do.‖ ―About what?‖ ―About…anything. I don't even know how to take care of my daughter. How I'm supposed to make enough money to feed her and still manage to watch her.‖ Xinling found herself squatting outside of her apartment building with Hu Le. At the end of the day, Xinling was exhausted, and Kaixin didn't look very happy either. Her friends had been kind enough to watch Kaixin in shifts when Xinling was busy or when her boss came in, but at the end of the day, her boss had asked her who was supposed to be watching her daughter while she was working, and told her directly that the office was not a daycare, nor was it an orphanage. Her walk back from the bus stop seemed longer than usual, because Kaixin was getting heavier and bigger by the day. Xinling was glad, of course, but was already looking forward to when her daughter could walk on her own. Weighed down by the heaviness of her daughter and groceries, Xinling ended up chasing after her tomatoes as her bag broke and they rolled every which way. She ran after the reddest one, the one that she was most afraid of turning to mush. She took it gently in her hand, all while trying not to drop her daughter. When she stood back up, she saw Hu Le standing with a tomato in each hand. ―Need some help?‖ he said, smiling kindly. Xinling nodded. * * Very naturally, Hu Le stepped over and took Kaixin into his arms. They collected the lost tomatoes together, and Hu Le brought over a stool that Xinling's neighbor must have left outside. Xinling sat down and stretched her legs with her back hunched, so much that her chin could have touched her chest. ―Maybe it's not the best idea to have your mother-in-law live with you. I know that it was meant to be helpful, but now you have both a young and an old to take care of,‖ Hu Le said with uncertainty, like he was trying to figure out a definitive solution to something where he didn't even know the definitive problem. ―Is Zhikai sending money every month?‖ ―I think he sends money to Hualun. I wouldn't know.‖ Xinling found herself telling him about Zhikai. That he was working in Hangzhou and staying with a friend. She hadn't seen him in nearly a year, since before the birth of Kaixin. That he had never seen his daughter, that she thought up her daughter's name on her own. That Hualun never talked about her son to Xinling, acted as though she had no right to ask about what he was doing, or when he was coming back. That she had no idea if he was coming back, no idea if she was going to get divorced and raise her daughter on her own, or even if Zhikai had found someone else. No, she guessed that he hadn't found anyone else. Otherwise she probably would have heard from him by now. At least then she would have a definite answer. A definite end to this. Hu Le listened quietly, with his eyes a little squinted. When Xinling turned toward him, she saw him looking at her with an upward glance. He looked a bit like he was in pain, like he pitied her, and it was only then that she felt embarrassed that she had blurted all of this out to him. They hadn't seen each other in years after all. He was successful; he would take over his family business; he would marry a woman who wasn't as stupid as she was. Someone who was well educated and came from a good family, a family comparable to his. Xinling was sure of this. She wondered what he thought of her now. Wondered if his dim feeling of innocent curiosity had transformed. ―I'm sorry. I'm so embarrassed I just told you all of that,‖ Xinling said, shaking her head. She stood up suddenly and kept her eyes averted from his. ―Let me take her,‖ she said, taking Kaixin back. ―Forgive me. I'll invite you in for a cup of tea some other day.‖ She turned and started climbing up the stairs, leaving the tomatoes in a small pile by the small stool. She didn't turn back to see if Hu Le was still there, but once she got back into her apartment and put Kaixin on her bed, she looked out the window for him. By that time, he was already gone. * * * When Xinling came home, Hualun was in the kitchen, fumbling around with pots and plates. Xinling didn't look because she didn't want to know what she was doing, so she went wordlessly to her room and stayed in there with her daughter. She had never before felt like she didn't have a place to be in her own home. When it was close to dinnertime, Xinling came out of her room and closed the door quietly behind her. She was surprised to that Hualun had set the table and that there were two bowls of rice and a pot of soup in the middle. She immediately looked toward the kitchen to see if it was once again filled with black coal smoke, but it looked clear, and the window was open. She heard the clang of chopsticks against porcelain bowls coming from the common room. Hualun sat down and lifted her legs up and crossed them. Her knees stuck out on either side. She was wearing her flowery, flowing pants and her feet were bare. Her bowl was balanced in the center of her palm, and she reached to ladle soup into her bowl. Xinling sat down beside her and looked in the pot to see what kind of soup it was. It was Zhikai's favorite—spinach and scallion-ginger meatballs. She had made it often for Zhikai. She remembered he complained that her meatballs were always too hard, and never tender enough. She always protested that the only reason the meatballs were tender was because so much cornstarch was put in, and that it wasn't healthy. ―Don't make excuses. It just isn't as good,‖ he had said. ―I've already put a lot in,‖ she returned. Xinling listened to the sound of Hualun eating, scooping the rice now mixed with broth into her mouth with her chopsticks. She picked up the ladle and got some soup of her own. The rice was already too sticky, very apparently because it wasn't completely cooked through. Perhaps when she put the hot broth on top, the rice would continue cooking. The meatballs plopped down, not round but lumpy. She figured that Hualun must not have rolled the meat into balls first, but had simply scooped into a lump into the boiling water and let it cook. The green water, dyed by the shriveled spinach, was ladled on top so that the rice turned a bit green as well. She looked again at Hualun. Her bowl was nearly empty already while Xinling had barely touched her food. She looked down, and picked up a meatball and bit into it. She nibbled at it and chewed a large piece of ginger. Then she bit deeper inside, and then had to spit it out right away. What she spit out was pink, and she still had the taste of the raw, gooey meat in her mouth. Hualun looked up when she heard her, and looked annoyed, like she was making a big fuss over a simple meal. ―It's not cooked all the way through, Ma,‖ she said, wiping her mouth. ―You can't eat that.‖ Hualun kept on chewing, finally shoveling the rest of what was in her bowl into her mouth. She set the bowl down on the table, placed the chopsticks on top, and got up from the table. Xinling heard her walk into the bathroom and close the door. She sat at the table for a moment, pondering the bowl of undercooked food in front of her. She could feel the soup cooling before her. The soup from the pot wasn't steaming anymore either. Finally, she poured her bowl of soup, complete with her undercooked rice, back into the pot and stirred it around. She carried it back to the kitchen and placed it on the counter. She examined the small coal stove. The top block of coal had burned from black to a reddish white, close to the color of old brick, with small orange flecks still burning in between the holes. She lifted that one and put a fresh black one in, and proceeded to boil the soup again, thoroughly, until she was sure that the meatballs were cooked all the way through. Only then did she take the pot off of the stove, ladle it again into the same bowl, and sit down to eat her dinner. When Hualun came back out from the bathroom, Xinling expected her to go directly into her room. She knew that she slept early, and spent her time sewing and embroidering. That's what she imagined at least, but she didn't really know what she did. But Hualun sat back down beside Xinling at the table, causing Xinling to stop eating again. She looked at Hualun, not knowing what she would say, or if she would say anything at all. ―I got some news from Zhikai today.‖ Xinling blinked slowly, hoping that Hualun would meet her eyes, but her eyes stayed fixed on the empty bowl in front of her. ―Oh?‖ Xinling answered. She directed her eyes down toward her bowl as well. ―Zhixun talked to him on the phone.‖ Xinling didn't know how to react. She figured that Zhikai had contact with his brothers, but she never knew how much. After all, it was Zhikai's little brother, Zhixun, who told her where he was and what he was doing. ―How…How is he?‖ She couldn't believe that was the only question she could think of, but she was afraid that whatever question she asked, Hualun wouldn't answer. ``` ―Good.‖ Xinling waited. ―Is he—― ―He's coming back,‖ Hualun said. ―Next week. Thought you should know.‖ Next week. ―Is he—he's not coming here?‖ ―I don't know. We'll see.‖ ``` Xinling's thoughts weren't focused at all on Hualun, or even on how Zhikai was, but completely focused on what it meant for her. Hualun must have told her for a reason that Zhikai was coming back. Did it mean that he wanted to give their marriage another try? Did it mean that he had gotten a job here? Would they settle in Jiaxing? She wondered if he had changed, if he looked the same, changed his hair, or his glasses. But Zhikai hadn't contacted her about coming back. He could have called her work, or her parents' home. Did he know that Hualun was with her in the city now? He must, or he wouldn't have known to contact her. ―When did you hear?‖ Xinling asked. ―Zhixun talked to him this morning, and he had to come into the city today anyway so he stopped by to bring me the news. He bought cigarettes downstairs.‖ Xinling nodded. Why did you tell me? she wanted to ask. ―Good. That's good,‖ she muttered. She tapped her chopsticks against her bowl. Her mouth felt dry and numb. She couldn't imagine putting anymore food in it. Even her throat felt like it had contracted, making speaking, swallowing, breathing difficult. ―I'll clean up the table.‖ She took up both hers and Hualun's bowls and chopsticks and put them in the sink. When Hualun went back into her room, Xinling unlocked the door and took the pot of soup with her, taking it downstairs. She dumped it at the bottom of a tree near the opening of the neighborhood. A neighbor's dog would enjoy the meatballs, maybe not the spinach. The broth splattered on the dirt, and the meatballs fell with soft, wet plops. Xinling suddenly felt sick, and squatted on the ground, with one hand over her stomach and the other cupping over her mouth as she gagged. The hand she held over her mouth traveled up to cover both her eyes, and she started to sob. Her body shook, but her sobs were muffled so that no sounds really escaped from her except for her gasps and shaking. She heaved, and what she heaved up joined what remained of the soup under the tree. Sherry Chapter Seven: Lies My uncle dropped me off at my father's parents' home, leaving after drinking half a cup of tea, and the four of us—my grandparents, my eldest aunt, and I—sat around the blurry television on the couch. I asked my grandmother why the television was blurry, and she said that it was because it had been so rainy that mold that grown inside the television, but that after it was on for a while, the heat would melt the mold away and the picture would naturally clear up. I wondered if that was normal for televisions, or even possible. I acted like I was very immersed in the blurry shapes, at least trying to make out what kind of program we were watching by sound alone. I figured out it was a drama series of some sort, with dubbed over voices, but Chinese, and judging by the constant swishes and cuts through the air, it was an action wuxia series, likely set in the Qing or Song dynasty, with all the characters wearing colorful costumes and long, complicated hair. When I was ten and my mother decided that my Mandarin was so awful that I needed to stay in China for the entire three months of summer, I watched over eight different wuxia dramas each day. I memorized which drama was on each channel, which days two episodes were shown instead of one, and imagined I was the heroine, leaping onto rooftops and through trees, and kicking some serious ass. Before my trip alone to China the summer of 2008, my mother told me that years ago, some rumor made it to China that my mother was divorcing my father. The rumor had made her out to be a woman who followed her husband to America, got a green card, and then ran off, either with his money or because she had found an old, rich American to marry. No one knows how the rumor made it back, since it was only ever the three of us. Every time I went back as a child, and my grandmother got me alone, she would ask me if my parents fought a lot. For the past few years, my parents have always gone together to visit her, and though my grandmother doesn't know that it's because my father's four strokes have made speaking without my mother present to guess what he's trying to spit out impossibly difficult, she at least doesn't worry anymore about my parents' marriage. When she saw me this summer, after I graduated from college, she said that I looked the same, a little bit plumper, hair still messy, a little taller. All of that, so far, was pretty painless. But when we sat around the blurry television and there was nothing to look at but hazy, barely colored shapes floating about on the screen, she started in on me. She mentioned something about my parents coming together again, about them staying for too long in their apartment in Suzhou instead of staying longer with their parents and helping out more. She expected me to cook for her and not just sit around while I visit. She asked me questions about my mother's family. Did my uncle get divorced again? Are any of my cousins planning to go college, or are they more concerned, as their parents are, about making some money? She couldn't believe my mother thought it was okay for me to come back by myself again, even though I've always come by myself ever since my dad got sick. My parents only stay with my grandparents for two or three days out of the month they spend in China each autumn. When my father said that I had to stay with them for an entire week last summer, I asked him why. He stayed silent for a moment, taking a breath in as though ready to speak, but then let the breath back out when he didn't have an answer. ―They're your grandparents and they're old,‖ he said. He paused. When he realized that this same excuse should apply to him as well, if not more so, he sighed. Finally, he added, ―If I stay for too long, I worry that they'll figure out that I'm sick.‖ And that was true. My parents used the excuse that my dad spent too much time speaking English, so it was hard for him to remember his Chinese. Which somehow was a passable excuse. He had had a bit of a stutter since he was a kid, when he and my twin uncles imitated a neighbor who had a stutter. My grandmother proudly said she slapped my uncles until they stopped, but could never bear to slap her youngest son. Without another word, I stayed for the entire week. I didn't know what to bring my NaiNai so I asked her, and she said painkillers, because the bottle we bought her three years ago had expired. She actually said that to us: Don't bring an expired bottle like last time. I won't, I said, but couldn't help but yell over the phone that if you keep the same bottle for over three years, of course it'll expire. She acted like she didn't hear me, or maybe she really couldn't. The apartment my grandparents live in now is not the home I remembered. They moved down from the side of the mountain right before their entire village was demolished, away from where my parents were married and I lived until I was three. After several years of construction, the village was transformed into a long tunnel that led to new highway that would cut in half the time it took to get to the capital. My aunt took me to see it right after it was finished but before it had opened for traffic. The tunnel was as beautiful as a tunnel could be. Tiny yellow lights filled the inside walls of the tunnel, making it look like the clearest night sky. The long, little island in between the two sets of lanes was filled with red and yellow flowers and small, perfectly spaced trees. The roads were flat and smooth and a dark grey, and all of the colors seemed more vivid and heightened on that whitish cloudy day. My aunt pointed at a red, brick chimney at the top of the tunnel and asked, ―Does that look familiar?‖ It did look familiar, but I felt as though I wasn't used to looking at this chimney from this angle. When she tells me that the chimney was the one right outside of the preschool I attended for three weeks was, I try to imagine the school back on the side of the hill. There's nothing there but dirt and some weeds left where the building was, and I already cannot, even in my mind, place the building back where it once was. * * * I lived solely with my grandparents for over a year of my life, from the age of two to three, on the house on a hill in a village called the East Mountain Village. The house had grey, concrete walls and a front yard that opened out directly onto the mountain, where my grandmother planted pumpkins and chrysanthemums and raised chickens. Goats with white, wooly beards would sometimes come down and bid salutations, bahing the bad weather. Retired friends of my grandparents would drop by with their own grandchildren. The children and I would play games in the yard; they would talk about their parents and I would show them the picture of my parents I kept under my pillow. They would then nod politely, wondering at what I treasured. I remember knowing that my parents were in America, but it was more of an abstract idea, not much different in my mind from their being in heaven or on the moon. To a child who had, literally, barely been out of her own backyard, the magnitude of halfway around the world was completely incomprehensible. The only foreign places I had been were in my grandfather's stories. He and I would climb up the mountain on fine days, and we would sit in the pagoda on the hill for hours, where he would tell me of his life, or of a monkey making his way into the West, depending on his mood. I would beg him for ―One more! One more!‖ but eventually we would have to return home. Memories of my grandmother were more blurry, probably because I spent most of my time running away from her or bent over her knee crying while getting slapped. Every morning, she would chase me all over the village with a hard-boiled egg, which she would eventually manage to shove down my throat after I finally grew tired of running. To this day, the smell of hard-boiled eggs will bring a wave of nausea over me. Some days, my orange-striped cat would stand on his hind legs and place his paws gently on my fat cheeks, and we would have moments of his looking at me and my looking at him, both with our heads cocked slightly to the side. His feet would leave perfect paw prints on my face that I never wanted to wash off. My grandmother took no notice of my protests and would always wash off my face not-so-gently and somewhat grudgingly. Another time, I wanted to help my grandmother wash the chili peppers she was using for lunch, except that the capsaicin burned my fingers and hands, so much so that I could no longer distinguish between numbness and pain. She came running after I accidently rubbed my eyes and had started screaming. I would imagine that relief, and not the realization that she would miss me once I was gone, was likely the most prominent emotion she felt when she got the call from my father that I was to be returned to them. * * * My parents began the switch from letters to a weekly phone call when my dad got sick the first time when I was twelve, and he realized that he couldn't read the letter he had written in Chinese the day before his stroke. My grandmother didn't seem to mind. Each successive time my dad got sick, my mom would make up excuses like my dad was busy with work, or was working out in the yard, or was out of town for several weeks, while he went through speech therapy and practiced what he would say. "Ma, we're all well, how are you and dad? Please take care." My mother would call my eldest aunt and cry while my dad was asleep, and my aunt would make sure to be there on Saturday morning when we made the call, and help us with the lie. Say things like ―Of course he's busy. He's under so much pressure‖ when my grandmother wondered why her son suddenly stopped talking to her. The next week, my grandmother would say to my mother to cook more good things so my father will come home earlier from work, or that marriage is about sacrifice and compromise, and that the woman should be shouldering more of the responsibility. Sometimes my mother would shake after she hung up, and sometimes my father, listening at the side, would too. * * * Besides my own memories, all the things I know about my grandmother are few and far between. I know that her parents died when she was a teenager, and that she took care of her three younger sisters on her own. I know that my father gets his fiery temper and impatience from her, and I from him. I know that she lied to us that my grandfather needed an operation and she couldn't pay the hospital bill, and then kept the money my parents emptied out of their bank account and wired to her. I know that my uncle gives her money every month but that my grandfather sees none of it, and that she hoards it, or gives it to my cousin who is her favorite, because he is the only boy. I know that she has always been unfair to my mother. I know that my father cannot stand to be with her for more than three days. I know that we have kept our mouths shut about money, because she is old, and that it isn't right to doubt your elders even if they are lying. After all, we have been lying to her for the last ten years about her son, whose sudden and lasting change to a healthy lifestyle and speech impediment was not a coincidence or a random change, but because he got sick, and because he worried more about her feelings than his own. When I get really upset with her, I think about times I have hurt her. Like the time I got mad at her when she said something about my mother and her family and how they have no education, because only my mother is college educated, and to her, a woman's education doesn't really count for anything anyway. I remember I told her in broken Chinese that she was mean and violent, and that the only memories I have of her from when I was a child were of her slapping me. Or the time she dropped me off at my mother's family's home right before I was supposed to return to the States the summer I was ten years old, and all I did was give her a short wave and then prepared to run off and play, and she had to grab me back and force me to hug her. I remember this because when she let go of me, she wiped a tear from her eye and her voice shook when she told me to be obedient. I think that was the only time I wondered if I meant anything to her at all. I try to understand. I try to understand that it is difficult to love a duty and it is difficult to love a consolation prize. Sometimes I try to do the math in my head so that everything comes out even. Maybe the money she lied to get from us was to pay the expenses of my living with her that one year—pay for the eggs and all the trouble I caused. Pay for her making the trip from China to the States carrying me the whole way because I had lost one of my shoes. Pay for this huge lie of my father's illness we have kept from her for the last ten years. * * * I still recall waking up in the middle of the night to a terrible thrashing sound. A fox had been coming down from the mountain, somehow managing to jump our concrete wall. In the two nights beforehand, the bloodthirsty creature had killed and eaten both of our ducks, leaving behind only their heads in our water basin for us to find. Each morning, I saw the look of disgust on my grandmother's face—a mixture of anger, resentment, and pain. The next night, however, when the fox decided to go after our chickens, my grandmother was ready. My grandmother prized her chickens, proud that they were so plump and well-fed, and produced the most eggs out of our East Mountain Village. I woke to the sound of thrashing and an odd, high-pitched yelping of pain. My grandfather told me not to be afraid, and I fell back asleep listening to my sound of my grandfather's voice telling me about an unselfish dinosaur. The next morning, my grandmother was burying the bloody pulp that remained in our front yard—she said that it would be good as fertilizer. Next to her on the ground was a broken broom. * * * The first lie I remember someone telling me was the lie my grandmother told me after my mother left. Apparently I continued to cry long after her leaving, and nothing would appease me until she told me that my mother went to buy me chocolate, and that the longer she was gone, the more chocolate she would return with. After she had been gone long enough that I could hardly remember her face or the sound of her voice, I figured that when she finally did show up, she would bring with her a mythical amount of sweets—something on the scale of Charlie and his Chocolate Factory. The promise of chocolate, and only that, was on my mind as my grandmother carried me through Eppley Airport, jetlagged with a lopsided bow on my head and only one shoe. As my parents came into view, looking just like the picture under my pillow that I looked at every night before bed, she pointed and said, ―Look, there's your family.‖ My family, who just happened to have several bars of chocolate in hand. Sherry Chapter Eight: Grandmother My mother didn't grow up with her mother, but with her mother's mother, whom she should have called PoPo, but instead called NaiNai. The Chinese are careful to distinguish between paternal and maternal relatives, older or younger siblings. If you say a cousin or a grandmother or an aunt, it's evident exactly how this person is related to you—by marriage, whether this person shares the same last name as you, even what side of your paternal side of your family—your father's mother's family or your father's father's family. PoPo always suggests someone more distant than a NaiNai, so my mother called her PoPo NaiNai to make her happy. My PoPo dropped my mother off at her NaiNai's when my mother was six years old. At the age of twenty-six, my PoPo already had three children and had another one on the way. PoPo's mother scolded her for having so many children she couldn't take care of, and offered to take her oldest daughter. My mother cried while she watched my PoPo leave. My aunt, two years younger than my mother, became the caretaker of the rest of the children. PoPo called her second daughter Dai Di—brings brothers. And she did; she brought along four brothers. Today, my aunt still gets angry whenever PoPo forgets and uses this name. My mother talks happily and nostalgically about her grandmother, who didn't know how to read, a secret no one but her family knew. Everyone called her Gentleman Zhang—a term of respect for someone well-educated. She only wore black and white— black, pressed pants, neat, white collared shirts, white socks, black shoes. She worried about my mother's hair, which was sparse and brown and partly curly, the exact opposite of the hair deemed beautiful by Chinese standards, so one day she went out and bought her an expensive red and blue hat and made her three dolls out of little pillows, even drew little faces on them, and shaved my mother's head in hopes that her hair would grow back black, straight, and thick. That winter my mother stayed inside wearing her hat and playing with her dolls, blissfully warm and with enough entertainment that she wasn't at all bored. When her hair grew back the same it always was, her grandmother patted her head and said, ―Yellow-haired girls are luckier anyway.‖ My mother said this same thing to me when I was young. My mother said that TaiTai, my great-grandmother, always talked about PoPo, her daughter, negatively. Said she was slow and not nearly as smart as my mother. She said she was worried that she wouldn't even get into middle school, but miraculously she did. She married my grandfather when she was 18, after he spotted her running home after school and immediately getting the laundry to wash in a basin outside their yard. He was already betrothed to another girl, but he said that he would only marry my grandmother. My TaiTai dressed my mother like herself. She bought her the prettiest shoes— leather and not cloth like most children's shoes. She pressed my mother's pants so that there was a clear crease in the middle of her pants leg. She bought her handkerchiefs instead of making them out of scraps. My mother said all of her grandmother's neighbors and extended family said she was spending too much money on a little girl. She wasn't even a grandson and didn't need so much. My great-grandmother said she would spend her money on whomever she liked. She encouraged my mother's talent for singing and dancing. My mother stopped going to school and joined a performing troupe during the Cultural Revolution, where she wore exaggerated eye makeup and drew on dark eyebrows and wore red string around her two braids. They would travel around and perform songs about Chairman Mao and their country. My mother lived with her grandmother until her death when my mother was fourteen, and she moved back from Benbu to Hefei, the capital of Anhui. She said she was really depressed when she first moved back—not used to so many siblings running around everywhere—a younger sister who was used to being the oldest sibling, and four younger brothers. My second uncle also returned to Hefei around this time, having spent his childhood with my grandfather's mother. They struck up a friendship because they were the outcasts. They didn't fit in because in their childhood, they lived the life of being the only one—the cherished one—and the rude awakening they had after they returned to their former lives was difficult for both of them. My mother tells me a story her NaiNai told her one day while they kneaded dough together. My mother was maybe eight or nine. When TaiTai was a new bride, Tai Tai's own mother-in-law wanted her to make shao bing—a flatbread with scallions and sesame seeds. My great-grandmother was tired that day and said she would make it another day. When her mother-in-law grew angry, she told her son that he needed to teach his wife a lesson, that she wasn't showing respect to her mother-in-law and therefore not showing respect for her husband. She wasn't being filial. Finally my great-grandfather relented and asked his wife to make the flatbread again, which she refused. When he had beaten her until her head was bleeding, she went obediently to make the flatbread. She wiped the blood from her head and kneaded it into the dough until it turned a pinkish-brown, sprinkled salt, sesame seeds, oil, and scallions on top as usual, fired it, and served to her mother-in-law on her knees. No one ate the flatbread, and her mother-in-law never asked her to make the flatbread again. Xinling Chapter Nine: The Ones Who Stay Xinling couldn't sleep. Her stomach was still churning and her mouth tasted acidic, like it always did after she got sick, even after she had brushed her teeth and rinsed her mouth many times. She lay awake with her curtains open, and a dim bluish streetlight outside her window blended with the pale moonlight so that she could still see the contours of her thin, white legs and her daughter's glowing face. There was a warm breeze, even though there were steel bars over her window, and more bars surrounding the small patio where the day's laundry still hung. She wondered if Hualun was sleeping. The neighborhood's old couples would gather outside on the street at nine or ten at night wearing their pajamas to enjoy the night breeze. They would sit on the side of the street on old newspapers, fanning themselves with large, round fans made out of woven, dried banana leaves, fried yellow. Occasionally, they kicked their legs to shake off mosquitoes and ticks, their plastic slippers clacking against the pavement. Hualun never went to join them. The door to Hualun's room was often closed, but the light was on every night before Xinling went to bed and she was up again by the time Xinling woke in the morning. She never came over to check when Kaixin would cry at night, even though Xinling was certain that she heard the baby's whimpers through the thin walls. When Kaixin woke up in the middle of the night crying, Xinling would pace back and forth in her room, from the dresser to the window, with Kaixin's head resting on her shoulder, softly singing old ballads from her favorite singer, Deng Lijun. It was ironic that Deng was so known for her love songs, since she was so unlucky in love herself. Xinling loved watching her sing on television. She was always radiant, with round, bright eyes and short, wavy hair. She always had a smile on her face, her red lips making her perfect teeth seem even whiter. One ballad was called ―What You'll Say,‖ about a woman who is promised by a man he'll visit her in a few days, yet doesn't return until a full year later and then proceeds to address her by the wrong name. She had previously thought the lyrics were rather funny, in a sad kind of way. The repeated chorus was the line, ―Give my love back to me,‖ rhetorical, since those 365 days that Deng sang were so miserable to bear, could never be returned, even with the man's final return. What was the difference if he remembered her? The song ended with those words repeated, ―Give my love back to me / Give my love back to me.‖ Xinling imagined Hualun asleep on her bed, her lips pursed lightly in a contented smile. Excited for her son's return, or maybe amused at Xinling's shaky, stuttering reaction. Xinling hadn't bothered to explain her puffy face and red eyes after she came back in, and Hualun had mercifully ignored her. She hadn't bothered to provide any further details either, though Xinling wasn't sure if she could have handled any more information beyond the simple knowledge that Zhikai was coming back. It was too dark to be out, and she thought about calling her mother, who was certainly already asleep. But what would she say? She wondered what her mother would say when she heard the news that Zhikai was returning, but couldn't imagine any possible reaction at all. * * * When morning came, Xinling rushed over to her parents' with Kaixin. When she finally told them, her mother answered her with silence at first, and Xinling knew what she meant. She was surprised that Zhikai was coming back, but to say that she expected him never to come back wouldn't be quite true either. Xinling stared at her hands in her lap. They were cold and clammy; she tried to wipe the cold sweat on her pants, but her hands still didn't seem dry enough. Her father, who sat beside her mother at the table, sipped tea out of his cup, which looked more like a jar. She bit her lip. Xinling continued to explain softly, but didn't really remember what she said. Her voice faltered as she spoke. Something hopeful. Something optimistic and vague perhaps. The room was silent. Kaixin crawled around on the ground and knocked her ball against the floor. Finally it was Xinling's father who spoke. ―It's about time for him to come back,‖ he said. He cleared his throat. ―Is he coming here?‖ her mother asked. ―I don't know. Ma didn't say.‖ Her mother shook her head. ―You didn't ask her?‖ Xinling shook her head. ―I…No.‖ Her mother furrowed her brows, then quietly cleared her throat. She looked like she was about to say something, but then changed her mind. Xinling didn't know if she wanted to her to say something or not. ―Zhikai is a filial son,‖ her father said. Xinling nodded. She wondered if her father would ask her what she wanted to do, though how could he not know that she had no idea. No, he would think that she had already decided, that by just telling them that her husband was returning that she had no other choice but to stay with him, and pretend nothing had happened. Or maybe her father would tell her what she needed to do, which maybe was what she needed. That really, it was all as she had told everyone, that Zhikai's absence was something discussed and decided upon as a couple, that he would live in Hangzhou and better his career. Her loneliness was a sacrifice she had agreed to. It was all for the greater good. She remembered what her mother always said to her, that anything that belongs to you, you can't run from, and anything that doesn't belong to you, no matter how much you want it, will never be yours. She didn't know if Zhikai belonged to her. She just knew she had Kaixin. Dear little Kaixin, who was blissfully unaware and crawling around on the cool tile. Her father sneezed, breaking the silence. He pulled a handkerchief out of his pocket and wiped his nose. ―Ba, are you sick?‖ He shook his head. ―Just a little cold.‖ Xinling's mother placed her hand over his forehead. ―You feel warm,‖ she said. ―I'll go buy medicine,‖ Xinling said, getting up from the table. Her parents didn't answer. ―I need to go buy groceries. I'll drop off the medicine before I go start lunch.‖ ―Xinling,‖ her father said. She froze, but she didn't turn around. She figured her father would just tell her politely that he would buy medicine himself, or that she had forgotten something on the table—her wallet, or Kaixin's toy. But what he said surprised her. ―He has to be good to you,‖ he said. Xinling closed her eyes and inadvertently sniffled, and as she picked up Kaixin she found she had to brush her hair back from her face. She nodded, but she wasn't sure if her father saw. She said, ―I know,‖ and wondered if she really did know before her father told her, if she had known this entire year she had spent by herself. When she turned around again, she had put on a smile. ―I'll be back with the medicine soon.‖ ―Be careful,‖ her mother called after her. ―Take a car if you need to.‖ * * * On her way to the Chinese Herbal medicine store, Xinling regretted not taking a hat before she headed out the door that morning. Sweat poured down both of her temples, and strands of hair stuck against her neck. She adjusted her daughter's thin yellow hat so that the sun wouldn't burn her delicate skin. ―We'll be out of the sun soon,‖ she whispered to Kaixin. She automatically headed toward the Chinese Herbal medicine store that they had always gone to, only a five-minute walk away from her parents' house. When she saw Hu Le at the counter, she started, almost turning and leaving, but he saw her there and waved, motioning for her to come in. She nodded, and went inside. He smiled at her, and shook Kaixin's hand. Her tiny hand grabbed onto his finger and wouldn't let go. ―Sorry,‖ Xinling said, prying the baby's fingers off. ―No problem,‖ he answered. ―She's gotten so big now.‖ Xinling smiled at her daughter. ―She gets bigger every day.‖ A customer at the other end of the counter needed help, and Hu Le went over to help her. A woman came up beside Xinling and leaned her elbows over the counter. She looked about Xinling's age, and her son, who looked about eight or nine, with spindly, dark legs stood beside her, staring at Kaixin. He was holding a cup of chilled mung bean soup in his hand, a drink sold frequently on streets during the summer months. Xinling tried to smile at him, but he grabbed onto his mother's blouse. His mother clicked her tongue, and quickly slapped his hand. ―Stay still,‖ she said. After Hu Le had finished with his customer, and had waved them out the door, he returned over to Xinling. ―Sorry that took so long.‖ ―No,‖ Xinling said, shaking her head. ―How have you been?‖ he asked. She shook her head again, looking down at the counter. ―Excuse me, but could I get my medicine now?‖ the woman beside Xinling asked. ―Sorry, of course,‖ Hu Le answered. ―Name?‖ ―It's for my mother,‖ she answered. ―Her name is Yang Jinhua.‖ The woman had now placed her hand under her chin, and she was looking impatiently at Hu Le's back. She slid over closer to Xinling to see what he was pulling out from the long columns of tiny drawers. He used small metal tongs to fish out the different dark green herbs and medicines, which honestly, looked no different to Xinling than the tea leaves she dumped in her cup every morning. ―I need two weeks' supply. I don't have time to pick it up next week,‖ she said. Looking like she was biting on insides of her cheeks, the woman's cheekbones were prominent and her cheek was pointy and narrow. Xinling thought she knew who listened to whom in her household. ―Mama,‖ her son said, but she shoved his hands back and with a push, the pale green soup spilled on Kaixin's leg and on the side of Xinling's blouse. Xinling yelped, and Kaixin started to cry, and the woman, instead of apologizing, grabbed her son by his shoulders and started to yell at him. He was still holding the empty cup in his hand, and she took from him and chucked it at his head. He started to sniffle, and his shoulders trembled. ―Oh cry, cry,‖ she said. ―Just cry all day.‖ Hu Le had flung the paper containing a pile of medicine on the counter, and was now trying to comfort the crying Kaixin. ―Here, let me take her,‖ he said. Xinling was dripping with soup, and she lifted her daughter over the counter into Hu Le's arms. She took out her handkerchief and began to wipe off her blouse. It felt cool against her skin. ―I'll go find a towel,‖ Hu Le said. He disappeared with Kaixin into the back. After the woman had successfully made her son cry, she turned back around and clicked her tongue again. ―Is this it?‖ she asked, staring at the small scattering of dark green dried herbs in the center of a crumpled white piece of paper. ―Where did he go?‖ Xinling looked over at the woman's sniffling son, who could now barely breathe, his breaths quick and shallow, with tears and snot caught in his throat. ―You didn't need to make him cry. Children spill things all the time.‖ ―Mind your own child,‖ she said. ―This child makes a mess everywhere he goes.‖ She dug a finger into his temple, pushing so hard his head turned to the side. The finger left a red mark on the side of his face. The boy wiped his face with a dirty hand. Xinling leaned closer to the counter, now aware of how transparent her silk blouse had become, then shrugged. ―He's your son. He'll take care of you in your old age.‖ The woman scoffed. She turned to look at him. ―He's his father's son. No flesh and bone of mine.‖ ―He's…‖ ―Stepson,‖ the woman answered. ―Not my child but my responsibility. I'm the one who has to discipline him.‖ Xinling looked for Hu Le to come back through the door that led to the back. A man finally came through, but he was significantly older and shorter than Hu Le was. He rolled up his sleeves as he approached the counter. ―Is this yours?‖ he asked Xinling. She shook her head. ―It's for my mother. Yang Jinhua,‖ the woman answered. ―Oh,‖ he replied. ―Yes, we have that prepared. Two weeks' worth, right?‖ he asked. He walked over to the drawers against the wall, picked up two packages from the large drawer at the left, and looked at the bottom of the packages for Yang Jinhua's name. They were all wrapped in white paper, and tied with a thin, tan string. He placed the two packages on top of each other on the counter. He explained, ―Now each dose is wrapped separately in the packages, and she just needs to take it after breakfast and din—‖ ―I remember,‖ the woman said hurriedly. ―Thank you sir,‖ she said. She slung the two packages from her fingers, and she grabbed the boy's shoulder and turned him around, nudging him out the door. ―Hu shushu, hello,‖ Xinling said. ―I don't know if you still remember me. I'm Meng Shihong's daughter.‖ ―Yes,‖ Hu Le's father said, nodding. But he seemed a bit cold. His hair was thinning and wispy, not yet white yet already with quite a bit of grey. He was wearing a long, navy high collared shirt that went to the ground—the type that all men his age who didn't work in corporations and academia wore. She supposed that it conveyed a sense of tradition, a classic garment that suited a Chinese Herbal doctor—what was called zhongyi—Eastern medicine as opposed to Western medicine. ―He…my father just has a little cold. I wanted to come by and get some medicine for him.‖ He nodded again, going to his drawers to prepare another mixture. ―So, you work in the hospital, is that right?‖ Xinling nodded, but then realized he couldn't see her. ―Yes, that's right.‖ ―You could always get medicine there, probably be easier.‖ ―My father still only believes in Eastern medicine. It's the older generation's beliefs, I suppose,‖ she replied. Then she shook her head, as she saw Hu Le's father's hands freeze for a moment. She paused. ―Of course Eastern medicine doesn't have nearly as many complications. Side effects. With no surgeries and such,‖ she continued. She let out a quiet sigh. Through the door came Hu Le, with a towel. He scurried over and handed the towel to Xinling, whose thin blouse had become nearly see-through. ―Thank you,‖ she said, wiping the stain with the towel. ―It's so warm, I'm sure it'll dry.‖ Hu Le looked around. ―Where did that woman go?‖ ―She left,‖ his father answered. ―Didn't I teach you not to leave the counter? She was so impatient she would have come over and grabbed the medicines herself.‖ ―Sorry, father.‖ Hu Le's father turned and asked, ―Whose child is that?‖ ―Oh.‖ Hu Le gave Kaixin back to Xinling. ―She's Xinling's daughter.‖ His father answered with a soft release of air, which could have been a quiet scoff. ―You know nothing about taking care of children. What would you do if something happened to her?‖ Xinling placed Kaixin on the counter, facing her. Kaixin looked over her shoulder at Hu Le's father. Her sniffling had calmed down, but her cheeks were still streaked with tears. ―It was only a moment, father.‖ Hu Le's father closed the drawers, and taking a piece of string, tied up the package carefully on the counter. ―Tell Shihong to drink this for a few days. If he doesn't feel better, tell him to come and see me. I can't tell if I don't feel his heartbeat.‖ ―Thank you, Shushu,‖ Xinling said, bowing her head slightly as she took the package. ―Or you can always take him to the hospital, if it's a real emergency. Does your husband work there too?‖ ―No,‖ Xinling said quickly. ―I will bring him if he gets any worse.‖ He nodded his head with his back turned. Hu Le stared at her, and he nodded briefly. ―Father, I should go make sure Xinling gets home safely. It's difficult alone with a baby to carry.‖ Hu Le looked toward his father. Xinling's lips were slightly open, her eyes wide. She picked up Kaixin from the counter, balancing her daughter's legs around her torso. Hu Le's father waved his hand, and Hu Le rolled up his sleeves, walking over to the other side of the counter. ―Thank you, Hu shushu,‖ Xinling said again, before she left. * * * ―You still don't know when he's coming back?‖ ―My mother-in-law didn't say. Soon. I don't know, maybe even tomorrow.‖ Hu Le furrowed his brows. He was carrying Kaixin. She stared at him wonderingly, sitting in his arms, but seemed comfortable, or at least not uncomfortable. Xinling thought about how the three of them looked together, walking side by side on the street. The pack of medicine was slung from her left hand. Her purse was hanging off her other shoulder, and she bent her arm around so her right hand grabbed onto the sling of her purse. Even though both of her hands were full, her arms felt strangely light without the weight of her daughter. She had been happy, of course, that her daughter had steadily gained more and more weight, and was pale and plump, with hardly any yellow undertones in her baby skin, but her arms didn't take to her daughter's weight gain as kindly. But too soon, her daughter would walk, and she would take her hand everywhere she would go. They would walk slowly and she would point everything out to her daughter. What each building was, what each tree was. But lately, these imaginings only involved the two of them. Just mother and daughter. When they reached the bottom of Xinling's parents' home, Hu Le stopped to hand Kaixin back to her mother. Slinging the pack of medicine across her wrist and to her elbow, Xinling balanced all of her packages in her two, thin arms. ―Thank you,‖ she said. ―You won't come in for some tea?‖ ―No,‖ Hu Le answered, shaking his head. ―I should head back.‖ Xinling nodded, pressing her lips together. He reached his hand out and brushed the back of his finger against Kaixin's cheek. She nestled her head against Xinling's neck. Hu Le smiled, blinking slowly. * * * After she dropped off the medicine at her parents', Xinling borrowed a basket and set out to buy what she would cook for lunch, and dinner, and what she would cook on Sunday to feed herself, her daughter, and Hualun. If it was autumn, she would have only cooked once that weekend, but food wouldn't keep while it was so hot, and flies inevitably still followed her into her apartment. Flies and mosquitoes. Her head hurt when she thought so long and hard about what she would cook each day, how to change the routine of what she ate every day. But after a while, she just cooked what was easiest and what would last the longest. She gave up on hot dishes that weren't at all appetizing for her, and just bought more raw vegetables, like cucumber and tomatoes she could just slice up and add salt or sugar to. She made more soups. All they ate were soups recently. At each successive meal, she could simply add some more fresh vegetables and hot water. She wondered if Hualun would have thought to have rice cooked before she returned, or if she would assume she would eat at her parents'. Xinling wondered how Hualun ate when she wasn't there. To unlock the door, she set the basket of groceries on the ground. When the outside steel door and the inside wooden door were both unlocked, she picked up the basket once more and nudged the inside door open with her back. She turned around, swinging the basket in front of her. At the far wall between the kitchen and the bedroom, sitting at the table across from each other were Hualun and Zhikai. Xinling froze, setting down the basket limply on the ground again. She cocked her head to the side, her eyes wide and her lips slightly parted. ―You're back,‖ Hualun said. She walked over to Xinling and picked up the basket to take into the kitchen. Her feet made soft clacking sounds against the concrete floor. Xinling expertly slipped off her shoes while still holding Kaixin and stepped into her slippers. Zhikai had stood up by this point, and now walked over to her. Xinling didn't say anything, but looked at Kaixin, who was now staring at Zhikai. He stared back at her, and Xinling could see the corner of his mouth twitch slightly, as though he wasn't sure whether he should try smiling at his daughter or not. Kaixin looked at him for a little while, then turned away from him, wrapping her plump arms around Xinling's neck. ―I named her Yuan Kaixin,‖ Xinling said finally. ―I didn't look up many characters or anything, but…‖ ―It's fine. We can always pick out another name before she enrolls in school.‖ Xinling stopped. She lowered her chin, then lifted it a moment later. ―You should hold her,‖ she said softly. Zhikai reached over to take Kaixin, holding her facing away from him, his arms below the back of her knees and around her chest. It didn't take long for Kaixin to nearly squirm out of his arms, and she was returned back to Xinling. She didn't try to explain how to properly hold a child. ―Did you just get in?‖ she asked. ―Yes, I took the train in this morning.‖ She nodded. ―Was the train crowded?‖ The trains were always crowded. ―It was fine.‖ She nodded again. She walked automatically toward her room to put her daughter down. Zhikai followed her quietly. Her curtains were open so the far half of her room was bright, while the tall, dark dresser beside her bed made the other half seem dark. She placed Kaixin in her crib and she walked over and sat down silently on her bed. The sheets were pulled tight and smooth against the mattress. The embroidery on her pillowcase was turned over on the other side so the rough thread wouldn't leave marks on her face. She stared to the side, sitting with one leg stretched out and the other bent, anchoring her to the ground. She bit the inside of her mouth, at first gently, then harder. Her jaw was tightening, and she could feel her eyes closing and then her lips trembling. She bent her face forward toward her knees and her hands rose up, but she didn't bury her face in her hands but stood up and looked at Zhikai full on in the face for the first time since she walked in the door. Then she threw her fists against his chest, against his shoulders, her face contorted so all of her features scrunched toward the center of her face and tears and breathless sobs escaping between her mutters of ―You bastard, you bastard‖ and ―You stupid, hateful bastard.‖ Her mutters escalated into curses quickly, and all she wanted to do was to hit his face, push it away, the man who had left her and her daughter, acted like he had no wife and no child and run away. ―You traitor,‖ she blurted, sobbing. Her louder sobs quickly muffled any words that could possibly come clearly out of her mouth and she stood there gasping, her head falling against Zhikai's chest, with his hands holding her arms up against his shoulders. There they stood for what seemed like a long time, her breaths quick and loud, like her airways were narrowed, her eyes were so blurred with tears that she could barely see anything. She tried to scream, but sound barely came out even though she felt like she was using so much strength. She quickly wondered if the door was closed, and then was horrified, wondering if Hualun had witnessed this whole exchange. Her tense arms slid down slowly, and she lifted her face up to face the door. Zhikai had thought to close it behind him. He always remembered to do little things like that—to avoid embarrassment, to save face. Her face was now red and swollen, her lips a deep, raw red, and she had to look away from him because she couldn't stand the way he was looking at her. There was no sorrow or resignation at all, she thought, just a tinge of pity mixed with a bit of annoyance. She was always overdramatic. Always gave him ultimatums. Was always the one that talked about ending everything when that was what she was most afraid of. She forced herself to look back at him, if only to stare him down, to make him have to look away first. She noticed his worried eyes, his eyebrows low and the little raised creases right above his nose. He looked like he was out of breath too, from holding back her fists, and she realized that he looked puzzled, as though he didn't know how to react. Different from how he usually reacted whenever they fought, different from the way his face grew cold, his chin lifted high and his nostrils flaring, like his emotions were completely controlled and shut off, and anything she could say, any fits of hysteria and tears were met with stone, hard coldness. But this time, puzzlement showed on his face, and maybe even a little bit of fear, of vulnerability. Or maybe she was imagining it. A knock made them both jerk their heads toward the door, and Hualun opened it and stuck her head in, calling them for lunch like children. Xinling quickly wiped her cheeks dry, patting them briefly. She sniffled, avoiding Zhikai's gaze even though she felt it heavily upon her. ―I'm going to wash up before lunch,‖ she said. Sherry Chapter Ten: The Ones Who Leave In the summer of 2008, a fortune teller told me that I would live to the ripe old age of 91. He was a monk, or a lama of some sort. He had a shiny, bald head stuck low on his neck, auburn robes draped around him, and small eyes that seemed half-closed and never looked me straight in the eye. My aunt paid 10 yuan because the sign outside said that he could tell one's birthday just by looking at someone's face. How was that possible? Turns out it wasn't, because he never said anything about birthdays. We were on vacation in Beidaihe, a seaside town, and it was the first time I saw a grey ocean. He said that out of the three women in the room at the time—my second aunt, my cousin Han Yi, and myself—that I would have the best life. But he was clear about saying that my ―best‖ life would not because I was particularly talented at anything, or even that I would be particularly happy, but simply that I would live a very long time. To prove to me that 91 was not a random number, he had me pick numbered wooden sticks out of a can. I picked 91. I didn't think to check if all of the sticks were numbered 91. He later told me that I would score a husband I could depend on, thus further contributing to my ―best life.‖ The character for depend and wait/pine for sound the same—wang— with the tone slanted downward, so I misinterpreted, exclaiming an ―Aw, crap.‖ He looked puzzled, until my aunt nudged me and said, No, that was a good thing. Oh. My paternal grandfather, YeYe, is 91 the year I am 21. My paternal grandmother, NaiNai, is 81. By the time my grandmother was the age I was that summer, she already had three kids—a girl, and twin boys. YeYe worked as the head of surgery, NaiNai as the head nurse. NaiNai often contradicts herself as she gives me her suggestions regarding how I should live my life—especially concerning love. She criticizes her younger sister, because all of her grandchildren are ―planning their lives around their significant other‖ and ―children should think about their education before starting a family‖, yet I can't help but think that my grandmother's grandchildren have all done the same thing as her sister's, and even earlier than my great-aunt's. NaiNai tells me to pick someone older than me to marry, because he will take care of me. She tells me I am young and that I have the opportunity to go to school and take care of myself, yet warns me that if I wait too long all I will have to choose from are second-hand goods, i.e. the dreaded divorcee, likely with a kid, and an angry ex-wife to boot, or the too old balding type. ―Do you want to be a step-mother?‖ she asks. ―None of our family's children are divorcees,‖ she says. Even though the apartment where my grandparents live in 2008 is different from the house in the mountain village where I grew up, and also different from the house they lived in before I was born, when my parents first got married, remnants from 20 plus years remain. An ashtray shaped like a swan sits on a new coffee table. No one in my family smokes, at least no one dares in front of my grandmother, so that ashtray has remained unsullied by any ash, but holds the same pack of cigarettes my grandmother must have bought decades ago, just in case they ever entertained guests who smoked. My mother tells me how she bought the ashtray before she was married, and was scolded by grandmother for it. ―Why would anyone need such an elaborate ashtray?‖ she asked. But NaiNai kept it for herself, and that ashtray belonged to her after that. When I came to America at the age of three, I left behind a few of the things my parents bought me. There was an umbrella with a different color in each panel with a stencil of bamboo on the white panel my dad had bought for me from Shanghai. It was broken but it stayed in the cabinet of the guest room on the second floor that always held the two chairs decorated with a silky red fabric with gold embroidery that had been prepared for my parents' marriage. In the cabinet also were a little blue bag I took with me the two weeks of preschool I attended while in China and a stuffed panda, whose fur used to be white and black I'm sure at some point in time, but quickly turned to grey and brown. The thought of taking these things with me back to the States the summer I was 10 and stayed in China the entire three months never crossed my mind. Mainly, because to me, these things belonged here. And in my naiveté, I thought that they would always be there, waiting for me, never withering in physical or spiritual form, even though they smelled musty and were wrinkly and falling apart. My grandmother came to pick me up from Hefei one time that summer I was ten, after I spent a few weeks with my PoPo and my little cousins. At the train station, we met my YeYe's only surviving sister—a half-sister who his father had had with his fourth wife after my YeYe's mother, his second wife, had died in childbirth. The fourth wife happened to be his dead second wife's maid. This great-aunt, the youngest daughter of the fourth wife, looked nothing like my grandfather because she looked just like her own mother. When my grandfather showed me the picture of his father with his ―new family‖—his new wife (the former maid), and the three daughters she bore—I couldn't help but think that this new wife looked comically like a large pig. I remember thinking that my great-grandmother was surely much more beautiful than her. My great-aunt, sitting in one of the orange, plastic chairs in the train station that had no air conditioning, smiled at me in that polite but impersonal way. I knew my grandmother didn't like her, said that she didn't act her age and looked manly. I met her granddaughter, Hao Hao, who was wearing a less-than-neat green and white dress and sporting a mushroom haircut. In her hand, she was gripping my broken umbrella with the bamboo stencil. At first I thought she just had the same umbrella—it seemed like a popular umbrella that most Chinese children would have, but then I saw that it was broken in the same place. ―Where did you get that umbrella?‖ I asked, a little bit accusingly, a little bit rudely. ―Oh, Great-Aunt gave it to me.‖ I glared at my grandmother. She seemed surprised when she caught my glance, turning her head back quickly to face my great-aunt. To her my anger was unprovoked and strange. She had no idea why I would be angry with her. Poor Hao Hao tried to talk to me some more—she was only a year or two younger than me and I think she wanted to make friends, but she kept her hand tightly around the umbrella handle, so I ignored her. I wouldn't even look at her. I didn't consider asking for it back, because that would have been embarrassing, although it's likely the umbrella was chucked by her grandmother before they even boarded the train. They were always so crowded. The hour-and-a-half train ride from Hefei to Huainan was tense, after we boarded our train and left my great-aunt and her granddaughter still waiting at the train station— me sulking by the window, my foot propped up against the base of the narrow table built into the little booths lining both sides of the train cars. Above us were long parallel poles passengers could place their luggage, though they often fell off dangerously whenever the train shook too much. NaiNai said that girls shouldn't prop their legs up, and then scolded me for not wearing socks with my sandals, that feet should be covered at all times or I would catch cold. I told her, ―You had no right to gift my things to someone else.‖ She seemed surprised at this sudden outburst, perhaps expecting that I retort with something about liking bare feet. ―You have no respect for someone's property and no respect for me,‖ I continued. I become overly brave when I am angry. ―You're supposed to respect me,‖ she said slowly, pronouncing each character clearly, in the patronizing way that I hated. ―And the day when I need your advice and criticism will be the day after I die.‖ I said, ―I'll remember that.‖ She muttered something about children growing up in America having no discipline and no respect for their elders that I couldn't quite catch. ―You're not supposed to say I'm from America in public,‖ I said, cutting her off. My parents worried about ransom, since most people in China at this time assumed that everyone in America was profoundly wealthy. She stopped speaking, then asked rhetorically, ―What would you ever need a broken umbrella for?‖ ―What would Hao Hao do with a broken umbrella?‖ I retorted. She didn't have an answer. ―My dad bought me that umbrella. It wouldn't mean anything to anyone but me.‖ Whenever my mother talks about the years she lived with my grandmother, the conversations she describes resemble the conversation (can it be called a conversation?) I had with my grandmother on the train. Mother says that the only time she was ever happy was at night, after her day of work at the hospital, after dinner was cooked and the dishes were washed and she had given me my bath and had hers and it was only the two of us in the second floor room. She says that was when she taught me how to talk, taught me nursery rhymes and told me stories. That was when she said she would place both of my feet in the palm of her hand and watch me until I fell asleep. My parents married the year my father began his PhD in Physiology in Shanghai, and he continued up until a year after my birth. Because of the Cultural Revolution, everyone's education was delayed, or in some cases completely abandoned. My father was among the first class of students eligible for college—the entering class of '78, when he was 24. My parents met at the Huainan Hospital where they were both working, and where all three of us were born. While my mother was pregnant with me, YeYe and NaiNai moved from a house close to the Huainan Hospital to a village halfway up a mountain called the East Mountain Village, where many of their old friends had retired. There, my grandmother looked forward to fresh air and planting vegetables. My grandfather bought a plum tree for her, one with yellow blossoms that would bloom in winter, filling the entire front courtyard with the sweet fragrance. My grandmother was named after the plum blossom, being born in winter and having the last name ―Huang‖, meaning ―yellow.‖ My mother told me that NaiNai never wanted my mother to move with them. She didn't want to either. She told my father that she would stay in the dormitories in the hospital. He asked her how she would manage—seven months pregnant, with her asthma and heart problems acting up so much. How would she manage a move in her condition? she asked. He said that at least if she moved with his parents, she would have someone to take care of her, who would at least be there if she needed help. It wasn't something strange for my mother to live with her mother-in-law. My father made barely enough to afford his tiny apartment he shared with two classmates in Shanghai. He lived on porridge and pickled vegetables and steamed buns most days. At least street food was (and still is) inexpensive. My mother's salary alone would have made supporting a child difficult, and furthermore, it would have been unorthodox for a married woman to live with her own parents, or out on her own. Mainly because people would have talked, would have assumed their marriage was on the rocks, or that they were practically divorced, or that at the very least my grandmother didn't approve of my mother. For all of these reasons, my pregnant mother lived with her mother-in-law. That doesn't mean she didn't escape frequently to her friend's home for a night here or there, or insist on visiting her parents in Hefei or even getting on the train to Shanghai to see my father. My mother said that she basically didn't eat for the first few months of her pregnancy—the only thing she could keep down was watermelon, so all she ate that summer was tons and tons of warm watermelon. She tells me about the moment she got her appetite back after her morning sickness. She was in Shanghai to visit my father, and after not seeing her for almost two months, my father was worried about the weight that my mother had lost instead of gained. Her hollowed cheeks were even more hollow than usual, her already thin hair had thinned out at her part and her temples, and she put her hair in rollers to give the illusion that her hair was thicker than it actually was. The morning my mother was supposed to go back to Huainan after her Shanghai visit, my dad decided to accompany her back. He got up that morning and whipped a lunch together— a specialty of his: a stewed dish of soy sauce, brown sugar, star anise, soft-boiled egg, and pork. He packed the dish with some rice in two boxes and they carried them onto the train. My dad started eating on the train where they sat across from each other, but because they bought their tickets late, they sat close to the aisle and so couldn't reach the small table in between each of the little booths with the army green leather seats. My dad balanced his lunch on his lap. It was the smell of the dish—the tangy saltiness of the soy sauce, the faint, hearty sweetness of the brown sugar, and the melding of the egg and the pork that made my mother regain her appetite. My dad said that he had never seen my mother eat anything so happily. When the train stopped in Huainan, my father immediately bought a ticket that would take him back to Shanghai—he had to work the next day, and besides, my grandmother would have scolded him for putting his personal life ahead of his career. My mother understood, NaiNai would say. At least she should. Little more than a month later, my mother fell sick. A telegram (it was still the fastest and easiest way to communicate something urgent at the time) was sent to my father in Shanghai and he rushed back, likely expecting to face a miscarriage. An asthma attack coupled with a rapid heartbeat had caused my mother to faint, and there was abnormal bleeding. When my mother fell sick, the sneers from my grandmother intensified. How she could carry a child when she couldn't even take care of herself? How irresponsible was it to get pregnant when her health wasn't good enough? She was too old to be a mother (she was 29). Didn't she know that it was dangerous to be an older mother, that it was bad for the baby and the mother? That there was more chance that something could be wrong with the baby. So many things are described in four characters, as a ways to condense and poeticize. Xin zai le huo was how my mother always described my grandmother. As though she was happy when something bad happened to someone else. The four characters are like the checks on a picnic blanket—xin (lucky), zai (disaster), le (happy), huo (calamity). Good bad good bad. Delighting in someone else's misfortune. NaiNai was always gracious when there was company. If there was company my grandmother would encourage my mother to eat more, to eat more meat and protein so she would have more energy. She wasn't gaining as much weight as she should. She would clamp pieces of meat into my mother's bowl with her chopsticks, purposefully reaching way across the table. My mother hated the falseness of her generosity. Maybe it wouldn't have bothered her as much if her stinginess was at least consistent. After the guest left, things would be back to normal. NaiNai would bring out one leftover dish at a time and wouldn't bring out another one until the first one was completely eaten. Sometimes she would drink the oily residue that stuck to the sides of the bowls. After my mother came to the States when I was two, NaiNai encouraged her to have another child. Of course, talk of her health issues during her last pregnancy was now forgotten, but now my mother was in a country where she could have more than one child, and moreover that child would be born an American citizen. They could stay regardless of whether my father could find a secure job. NaiNai even offered to take care of me for longer if my mother decided to have another child. My mother said she was too busy and they were too poor and she was too unhappy to even think about having another child, especially while they lived in a dingy, two-bedroom apartment they shared with a man who liked cooking in nothing but his tighty-whiteys, singing old Cantonese songs off-key. My mother and father slept on a second-hand twin bed with a mysterious stain in the middle of the mattress that they then turned over. For their fifteenth wedding anniversary, my mother bought a new bed— complete with a new mattress, new headboard, new sheets, everything. She said that ever since she had married my father she had only ever slept on someone else's bed, and that all she wanted was to sleep on a bed she knew no one else had ever slept on. I don't remember my mother leaving for America except from what she has told me, and sometimes my imaginings are vivid enough, or her stories are retold often enough, that they almost seem like true memories. She said that she asked me several times, teasingly or jokingly of course, if I wanted to come to America with her. She said that the answer was always no, which made her wonder, even when I was little more than a year old, if maybe I did understand how far away America was from China. In the 1980s, a letter took nearly a month to make the trip, and a ten minute trans-Atlantic phone call would cost my mother nearly her entire month's salary. I know that I kept a picture of my mother under my pillow, and that I would nap cuddling with a towel. That it took my grandmother nearly an hour to get me to take a nap. That when I woke up, I always had a tantrum, and then she would let me sit on the bed and stuff myself with crackers until I stopped crying. She kept a large tin of crackers next to my bed for that express purpose. When I wouldn't eat the dry, hard-boiled egg in the morning, she would slap me, and stuff a bottle of milk in my mouth to stifle my sobs. All the eating I remember doing when I lived with her was while crying, which might explain why I hated mealtimes for so many years after that. Sometimes when my mother is upset she plays the ―what-if‖ game. What if we never came to the States, maybe we would be in Shanghai, speak the Shanghainese that I have always had such a hard time understanding. My father would be a professor in the medical college and she would be a doctor. We would live in a condo in a high building, and be used to the humid, seaside climate instead of the dry, grassy plains. Maybe if we had stayed, my dad wouldn't have had so much pressure, and he never would have gotten sick. If my grandmother hadn't been so opposed to their having children when they first got married, saying that they had no business having a child before my father was finished with school, maybe their child would have been three years older, and more able to take care of himself earlier than I could. Maybe their child would have been a boy— some people say that if you have children later in life there's a bigger chance that your first child will be a girl. Urban legends or a poll from too small a population to really have any merit or credibility perhaps, but maybe things would have been different. The thing about ―what-if‖ situations is that people only think that things could have been better, and never worse. It's a game you always lose. What you have is always worse than whatever you could have had, which is never nothing. The true story is this. I was the girl instead of the boy everyone hoped for. My mother didn't have any more children. And even though I have tried for over twenty years, I can't say honestly that I love my grandmother. Because I know that whatever I do, my very existence as a girl is reason enough for my grandmother not to love me. Her definition for a best life is very likely the same as that of the monk, who I can assume is paid to tell people what he thinks they want to hear. He looked at me on that summer day, tired from the heat and too much walking, still too young to be married but old enough to think about such things, and told me that I would have longevity and a husband who wouldn't leave me. That should be enough. That should be enough. Sherry Chapter Eleven: Beyond Blue Maybe everyone leads two lives. The what-ifs are the dream life—the escape from real life. For a while during college, a few friends tried to see if we could manage lucid dreaming, controlling what would happen in our dreams consciously while we were mostly unconscious. Controlling where we were and who we encountered, what happened and when we would awake. What I imagine is that Xinling could always do that with Hu Le. At the times she couldn't swallow that this was the life she chose, Hu Le was her fallback. As she remembered him she could think of him as a true option at the time. He came to her with a dream of an offer. He would marry her and take care of her, and promised that he would love her daughter as his own. Xinling would have never asked if he would have wanted a child of his own, if there would be similar pressure on her to bear a son to him. She had no idea if Zhikai would have been in her daughter's life, or if she ever would see Hualun again. All of those were the realistic questions she must have asked herself while she pondered over her decision, if it was a difficult decision at all, if she didn't just completely dismiss his offer as a moment of madness and impulsiveness. He hadn't thought it through at all, was just drunk off his own feelings. She convinced herself that realistically, they would have been miserable, that the short-lived rush of having the world against them—their families, their friends, their colleagues, the gossip and whispers behind their backs—would wear off, and then they would just be left with each other, stuck in an unfortunate situation that could have been avoided, had someone just been less romantic, and more clear-headed. She stayed with her husband, because she loved him best, and she always wanted what was difficult to keep. That was what she told my mother. She said that there were tons of men after her, who came from good families, who were better-looking, who showered her and her family with gifts and politeness, yet the only one she loved was Zhikai, who after a bit of coyness from her turned away and didn't look back, until she ran after him. She only wanted the one she ran after, not the ones who ran after her. Wasn't it her own fault if she wasn't happy? It was her own choice to marry him, to stay with him, to follow him to the States when her daughter was six, leaving her behind with the child's maternal grandmother until she was eight, when she was brought over. Wasn't it her own fault she fought with her husband often over the years? Oftentimes she ended up sleeping in her daughter's room after she went away to college. She remembered spending an entire afternoon standing on a small ladder in her daughter's room, sticking those glow-in-the-dark stars up on the ceiling. On nights after she had fights with her husband she would lay on her daughter's bed on her back and stare up at those stars, at first wondering how her daughter could possibly sleep with such light, only realizing later that the stars' light would fade gradually through the night. By early morning, the stars didn't glow at all. Often her husband would leave again, taking a job here and there for a year, and she would sit in her big, empty house with the flowered wallpaper and the fake flowers and ferns in vases and baskets in every corner. I was always amazed and slightly alarmed by the amount of fake flora and fauna at her house. Sometimes she would water her plants while she had us over, occasionally dumping water into a fake potted plant, the water seeping through the cracks and into her carpet. She said she didn't like having empty corners, empty walls. She said it felt more welcoming when there weren't any bare areas—like every place was accounted for. She was proud of this house she and her husband bought together, bought soon after their 25 th wedding anniversary and two years after their daughter had finally graduated from college and had found a job out in California. They painted the inside of the house top to bottom on their own, even though the house didn't really need it. Her husband insisted, said it would really be their house then. They sealed the grout between the kitchen and bathroom tiles, re-stained their dinette set. It was the house they planned to grow old in. She lived for a year in that house alone while her husband went South for a job. At the end of the year, he told her they were moving down there and their house would have to be sold. She cried when she heard; she didn't think she'd ever have to move again. She told my mother that she hadn't lived enough in this house yet, that she wasn't ready to say goodbye, wasn't ready to move away from this place she had made so many friends and start over. ―I'm a fifty-year-old woman,‖ she said. ―The prospect of trying to make new friends seems so daunting.‖ My mom tried to comfort her over cups of tea and dried dates, but she was inconsolable. Xinling's daughter is grown up now, and only visits China for the shopping, the sightseeing, and the food. She drops in to see her maternal grandparents and uncle, but hasn't seen her father's mother since her maternal grandmother took her to see her shortly before she came to the States when she was eight. Xinling hasn't visited Hualun since then either. She knew she was still alive—she had the most rock-hard constitution of any woman she ever knew—but she had grown old after all, but she still insisted on living on her own out there on her farm. Stubborn still, maybe stubbornness was one of the only things that didn't fade with time. Her husband went to visit his mother for a few days every time he returned to China, always alone. The three of them—her daughter, her husband, herself—now visited China at different times. It only made sense. Otherwise, all the time they would share would be the plane ride to and from. It wasn't like a family at all, my mother insisted to me. ―No matter how bad your grandmother's and my relationship is, we at least maintain a politeness.‖ My mother still calls her ―Ma‖ and brings her small gifts when she visits with my father, still cooks for her and fetches her things. ―Because she's old,‖ my mother says. ―She still deserves respect.‖ She continues, ―Sometimes it's not worth talking about, because what would it solve? Americans are so obsessed with talking about everything. They lie too. They pretend too. They're no different than us.‖ My mother gave up her dreams of being a surgeon when she came to the States. Her hands, small and adept at intricate procedures, were used for years doing nothing but bringing plates and hot beverages to diners at various Chinese restaurants. Never mind her medical degree. She came to support her husband's American dream. That was how she first met Xinling, while they were working alongside each other, catching the latest bus home, counting tips and rubbing their sore necks. My mother says she is blue, and that I should be violet. ―Like bruises?‖ I ask flippantly. She shakes her head. ―Violet is beyond blue,‖ she explains patiently. ―Is bluer than blue, even though it comes from blue. All I want for you is to be better than me.‖ And I suppose that is what every loving mother wants for her daughter, for her to live a better life. She tells me to make my own money, be less shy, never be afraid, never marry a short man or a bald man, always be able to let go of things, because certain events, especially the best things in life, are determined by fate. Everything from the pair of beautiful shoes she'd had her eye on for month, conveniently 80% off in her size, to the speeding car that hit me but didn't kill me, to my father surviving four strokes. ―If you live through something horrible, only good things can follow. Everything is in balance. Eventually.‖ TaiTai said that a woman's cooking skills always skipped a generation. She told my mother, ―My cooking is too good, so that's why your mother's cooking is so horrible,‖ in a whisper and a chuckle. My grandmother burns everything, even egg fried rice, possibly the most basic and easiest dish to cook in Chinese cooking. ―Strength may skip a generation too,‖ my mother said. ―If a mother is too strong, there's no reason for her daughter to be. Everything is a reaction to something else.‖ ―You're strong,‖ I said. She shook her head. ―I'm strong because I had to be. I wasn't born that way.‖ ―I don't know if I'm strong.‖ ―I should have made you stronger,‖ she said. She paused, meditative. ―You'll be stronger than I am,‖ she said. ―I was forced to be. I wasn't strong enough, so you'll grow stronger.‖ She patted my head, running her hand over my hair. ―But just enough.‖ She added thoughtfully, ―You're still a woman after all.‖	<urn:uuid:49ee4c94-90f0-439d-8d7b-ce0d4a0169a6>	CC-MAIN-2017-30	http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1025&context=englishdiss	2017-07-21T04:55:06Z	s3://commoncrawl/crawl-data/CC-MAIN-2017-30/segments/1500549423716.66/warc/CC-MAIN-20170721042214-20170721062214-00313.warc.gz	86,034,706	44,542	eng_Latn	eng_Latn	0.995449	eng_Latn	0.999165	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "unknown", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 864, 1144, 2542, 2646, 2665, 2668, 4472, 6396, 8584, 10238, 12507, 14160, 15983, 17872, 19460, 20426, 22102, 23967, 25751, 27652, 29443, 31233, 33018, 34772, 36476, 39154, 40279, 42070, 44338, 45569, 48174, 49362, 51114, 52651, 52809, 55017, 56415, 58108, 59817, 61174, 62729, 64538, 65749, 67318, 68912, 70776, 72425, 74269, 76159, 78037, 79738, 81651, 83093, 85413, 86744, 88457, 90062, 91320, 92634, 93778, 95585, 97709, 99082, 100182, 101824, 103383, 104771, 106205, 108036, 109724, 111559, 113195, 114487, 116191, 118127, 119651, 121449, 123148, 125185, 127681, 128638, 130311, 131312, 133489, 134631, 136437, 136915, 139520, 140295, 142736, 143473, 145506, 146541, 148064, 149443, 150914, 152417, 153773, 155491, 157150, 158774, 160686, 161980, 163739, 165569, 167348, 168926, 170570, 172443, 175247, 176077, 177792, 179693, 181586, 182499, 184250, 186011, 187855, 189770, 191360 ]
Regular Session of the Niagara Falls Water Board July 24, 2017 5:00 PM at Michael C. O'Laughlin Municipal Water Plant 1. Call to Order & Pledge of Allegiance 1. Roll Call: Larkin _____Leffler ______ Kimble______ Forster_____ O'Callaghan______ 2. Public Speakers, Presentations, Letters and Communications 1. Keller Group- July 6, 2017 2. Lawley- July 7, 2017 3. Approval of Minutes from May 22, 2017 4. From the Executive Director 1. Overtime hours/reports 2. Lucity, GPS, Hydrant Truck 3. CDL Licensing 4. Discuss Potential Project A.) RFP WWTP Lab/Safety-spreadsheet B.) RFP-3C/4D as build drawings 5. Sewer Cleaning Truck 6. Professional Developement 5. Personnel Items 1. Review of Org Chart 2. Personnel Actions Report 3. Justification for Human Resources Specialist & Minimum Requirements 6. Financial Reports-Discuss CD's 1. Budget Transfers 2. Billing Adjustments 3. Bank Transfers 4. Cash Disbursements 5. Schedule of Investments 6. Cash summary A.) Status of investing cash B.) What does it cost to go out and turn on shut off in regards to OT? 7. Capital Construction Activity 8. Final Audit 9. Continuous Disclosure 7. Reports 1. O&M Report 2. Safety 8. Attorney/Legal 1. Towers-wireless antennas on water towers 2. Claims 9. From the Chairman 10. Resolutions 1. Resolution Accepting Audit Approval 2. Resolution for Emergency Power Generation-with supporting documentation A.) Resolution- Capital Improvement Plan Item #WW-12B and the DASNY Grant for Contract 7519-G B.) Resolution- Lift Station Standby Generator Systems Contract 7520-G C.) Resolution- WW-12B and the DASNY Grant for Contract 7519-E D.) Resolution- Awarding work for Contract 7520-E- Electrical Construction Lift Station Standby Generator Systems Contract 7520 3. Resolution Regarding Employee Parking 4. Resolution for All New Positions to be Approved Through Board 5. Resolution for Engineering Consulting Contract with AECOM 6. Resolution Authorizing Settlement of Conti Lawsuit 7. Resolution for Additional Funds for CPL Engineering Consulting 8. Resolution to Enter in Agreement with Brown & Company, LLP, Certified Public Accountants. 9. Resolution Approving Collective Bargaining Agreement with the Building Trades Unions. 10. Resolution for Engineering Consulting Contract with GHD 11. Resolution for Engineering Consulting Contract with Vanguard 12. Resolution Approving Commercial Driver's License Training Program 13. Resolution for Procurement of 3D Imaging Services 14. Resolution for Engineering Consulting Contract with Arcadis 15. Resolution to Purchase, Rent, or Lease Combination Sewer Cleaning Truck 16. Resolution Naming Rolfe Porter as Executive Director 17. Resolution Naming James Perry as Director of Administrative Services 11. Unfinished Business 1. RFP Mercury/Contract #69 A.) WRRF Mercury Reduction-cost matrix B.) WRRF Contract #69- scoring matrix 2. WWTP Training 12. New Business & Additional Items for Discussion 13. Executive Session 14. Adjournment of Meeting	<urn:uuid:f653e2ba-e5cf-4a38-9837-450bc975718c>	CC-MAIN-2017-34	http://nfwb.org/wp-content/uploads/2017/07/2017-07-24_RegularSessionAgenda.pdf	2017-08-21T15:56:49Z	s3://commoncrawl/crawl-data/CC-MAIN-2017-34/segments/1502886109157.57/warc/CC-MAIN-20170821152953-20170821172953-00075.warc.gz	296,547,636	728	eng_Latn	eng_Latn	0.721207	eng_Latn	0.743064	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 671, 1254, 2546, 2999 ]
Random matrices with independent rows or columns Nicole Tomczak-Jaegermann Phenomena in High Dimensions in geometric analysis, random matrices, and computational geometry Roscoff, June 25–29, 2012 Project on random matrices with independent rows or columns, norms and condition numbers of their submatrices. Involved in this project: Alain Pajor and various subsets of: Radosław Adamczak, Olivier Guédon, Rafał Latała, Alexander Litvak, Krzysztof Oleszkiewicz, Nicole Tomczak-Jaegermann Let $X = (X(1), \ldots, X(N))$ be a random vector in $\mathbb{R}^N$ with full dimensional support. We say that the distribution of $X$ is - logarithmically concave, if $X$ has density of the form $e^{-h(x)}$ with $h: \mathbb{R}^N \to (-\infty, \infty]$ convex (one of equivalent definitions by C. Borell) - isotropic, if $\mathbb{E}X(i) = 0$ and $\mathbb{E}X(i)X(j) = \delta_{i,j}$. For $x \in \mathbb{R}^N$ we put - $\|x\| = \\|x\\|_2 = \left( \sum_{i=1}^{N} x_i^2 \right)^{1/2}$ - $P_I x$ - canonical projection of $x$ onto $\{y \in \mathbb{R}^N : \text{supp}(y) \subset I\}$, $I \subset \{1, \ldots, N\}$. For integers $k \leq \ell$ we use the shorthand notation $[k, \ell] = \{k, \ldots, \ell\}$. 1. Let $K \subset \mathbb{R}^n$ be a convex body (= compact convex, with non-empty interior) (symmetric means $-K = K$). $X$ a random vector uniformly distributed in $K$. Then the corresponding probability measure on $\mathbb{R}^n$ $$\mu_K(A) = \frac{\|K \cap A\|}{\|K\|}$$ is log-concave (by Brunn-Minkowski). Moreover, for every convex body $K$ there exists an affine map $T$ such that $\mu_{TK}$ is isotropic. 2. The Gaussian vector $G = (g_1, ..., g_n)$, where $g_i$'s have $\mathcal{N}(0, 1)$ distribution, is isotropic and log-concave. 3. Similarly the vector $X = (\xi_1, ..., \xi_n)$, where $\xi_i$'s have exponential distribution (i.e., with density $f(t) = \frac{1}{\sqrt{2}} \exp(-\sqrt{2}\|t\|)$, for $t \in \mathbb{R}$) is isotropic and log-concave. Let $n, N \geq 1$ be integers (a priori, no relation between them); fixed throughout. Our interest in behaviour of invariants as functions of $n, N$. Random matrix: $A$ is $n \times N$ matrix, defined either by a sequence of rows or columns, which will be independent random vectors $$A = \begin{bmatrix} \cdots & \cdots & \cdots & \cdots \\ \cdots & \cdots & \cdots & \cdots \\ \cdots & \cdots & \cdots & \cdots \end{bmatrix}, \quad A = \begin{bmatrix} \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots \\ \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots & \vdots \end{bmatrix}$$ Difference with RMT where entries are independent, limiting behaviour of invariants when the size $\to \infty$. Let $k \leq n$ and $m \leq N$ integers. $A_{k,m} = \text{maximal operator norm over submatrices of } A \text{ with } k \text{ rows, } m \text{ columns.}$ “operator norm” means the norm $A : \mathbb{R}^m \to \mathbb{R}^k$ with the Euclidean norms. Example: Let $X_1, \ldots, X_n \in \mathbb{R}^N$ be independent random vectors. Let $A$ be $n \times N$ random matrix with rows $X_1, \ldots, X_n$. This acts as an operator $$A : \mathbb{R}^N \to \mathbb{R}^n \quad Ax = \left( \langle X_j, x \rangle \right)_{j=1}^n \in \mathbb{R}^n, \quad \text{for } x \in \mathbb{R}^N.$$ $$A_{k,m} = \sup_{J \subset [1,n], \|J\| = k} \sup_{x \in U_m} \left( \sum_{j \in J} \|\langle X_j, x \rangle\|^2 \right)^{1/2}.$$ $U_m = \{ x \in S^{N-1} : \|\text{supp } x\| \leq m \}.$ Approximation of a covariance matrix Let $X \in \mathbb{R}^n$ isotropic and log-concave, $(X_i)_{i \leq N}$ independent copies of $X$. By isotropicity, $\mathbb{E} X \otimes X = \text{Id}$. By the law of large numbers, the empirical covariance matrix converges to $\text{Id}$. $$\frac{1}{N} \sum_{i=1}^{N} X_i \otimes X_i \longrightarrow \text{Id} \quad \text{as } N \to \infty.$$ Kannan-Lovász-Simonovits asked (around 1995), motivated by a problem of complexity in computing volume in high dimension: Under the above assumptions, estimate the size $N$ for which, given $\varepsilon \in (0, 1)$, $$\left\\| \frac{1}{N} \sum_{i=1}^{N} X_i \otimes X_i - \text{Id} \right\\| \leq \varepsilon$$ holds with high probability. Typical “translation” of a limit law into a quantitative statement in the non-limit theory. KLS showed that for any $\varepsilon, \delta \in (0, 1)$ (under a finite third moment assumption), $N \geq (C/\varepsilon\delta)n^2$ gives the required approximation, with probability $1 - \delta$. Bourgain (1996): for any $\varepsilon, \delta \in (0, 1)$, there exists $C(\varepsilon, \delta) > 0$ such that $N = C(\varepsilon, \delta)n \log^3 n$ gives the approximation with probability $1 - \delta$. Rudelson: - using non-commutative Khinchine inequalities of Pisier and Lust-Piquard/Pisier; - by majorizing measure approach of Talagrand. Several other authors improved powers of logarithm, from late 1990's to 2010. ALPT: $N$ proportional to $n$ is sufficient (JAMS 2010), improved in CRAS 2011. Let $X \in \mathbb{R}^n$ be isotropic log-concave, $X_1, \ldots, X_N$ be independent copies of $X$. $$P\left( \left\\| \frac{1}{N} \sum_{i=1}^{N} X_i \otimes X_i - \text{Id} \right\\| \leq C\sqrt{\frac{n}{N}} \right) \geq 1 - e^{-c\sqrt{n}}.$$ So letting $\varepsilon = C\sqrt{\frac{n}{N}}$ we get $N = Cn/\varepsilon^2$. As the corollary of ALPT we get a quantitative version of Bai-Yin theorem for matrices of a fixed size: $A_{k,m}$ – examples: independent rows II: $A$ is $n \times N$ matrix, defined by independent (isotropic log-concave) rows $$A = \begin{bmatrix} \cdots \\ \cdots \\ \cdots \end{bmatrix}$$ $A_{k,m}$ is harder to tackle if $m < N$; because the row structure of $A$ is destroyed. $$A_{k,m} = \sup_{J \subset [1,n], \|J\| = k} \sup_{x \in U_m} \left( \sum_{j \in J} \|\langle X_j, x \rangle\|^2 \right)^{1/2}.$$ Applicable for studies of reconstruction problems and in particular RIP; for uniform versions of some geometric questions on large deviation estimates.... Large Deviation for $A_{k,m}$ Intuition: $A$ – a random matrix with independent isotropic log-concave rows. Then for a submatrix $A_{I,J}$ with $k$ rows and $m$ columns, $$\left( \mathbb{E} \\| A_{I,J} \\|^2 \right)^{1/2} \geq \sqrt{\max\{k, m\}}.$$ One of main results by ALLPT is a large deviation theorem for $A_{k,m}$. Let $n, N, k \leq n$, and $m \leq N$, let $A$ be a $n \times N$ matrix with independent isotropic log-concave rows. For $t \geq 1$ we have $$\mathbb{P} \left( A_{k,m} \geq C t \lambda \right) \leq \exp(-t \lambda / \sqrt{\log(3m)}),$$ where $$\lambda = \sqrt{\log \log (3m)} \sqrt{m} \log \left( \frac{e \max\{N, n\}}{m} \right) + \sqrt{k} \log \left( \frac{en}{k} \right)$$ and $C$ is a universal constant. The bound is essentially optimal up to $\sqrt{\log \log m}$ factor. Paouris’ large deviation (2005): There exists $c > 0$ such that if $X$ is an isotropic log-concave random vector in $\mathbb{R}^N$, then for all $t \geq 1$, $$\mathbb{P}\left\{\|X\| \geq c t \sqrt{N}\right\} \leq \exp(-t \sqrt{N}).$$ Equivalent formulations, for $p$th moments, etc.... Weak parameter For a vector $X$ in $\mathbb{R}^N$ we define $$\sigma_X(p) := \sup_{t \in S^{N-1}} (\mathbb{E}\|\langle t, X \rangle\|^p)^{1/p} \quad p \geq 1.$$ Examples - For isotropic log-concave vectors $X$, $\sigma_X(p) \leq p/\sqrt{2}$. - For subgaussian vectors $X$, $\sigma_X(p) \leq C\sqrt{p}$. Paouris’ theorem with weak parameter For any log-concave random vector $X$, $$\left( \mathbb{E} \|X\|^p \right)^{1/p} \leq C \left( \mathbb{E} \|X\| + \sigma_X(p) \right) \quad \text{for } p \geq 2,$$ and if $X$ is isotropic, $$\mathbb{P}(\|X\| \geq t) \leq \exp \left( - \sigma_X^{-1} \left( \frac{t}{C} \right) \right) \quad \text{for } t \geq C (\mathbb{E} \|X\|^2)^{1/2}.$$ Uniform Paouris-type theorem [ALLPT]: For $1 \leq m \leq N$ and an isotropic log-concave vector $X$ in $\mathbb{R}^N$ we have, for $t \geq 1$, $$\mathbb{P}\left( \sup_{I \subset [1,N] \atop \|I\| = m} \|P_I X\| \geq ct \sqrt{m} \log \left( \frac{eN}{m} \right) \right) \leq \exp \left( - \sigma_X^{-1} \left( \frac{t \sqrt{m}}{\sqrt{\log(em)}} \log \left( \frac{eN}{m} \right) \right) \right).$$ If $X$ is isotropic log-concave in $\mathbb{R}^N$, then so is $P_I X$, for every $I \subset [1,N]$. However the probability is too high to beat the complexity of the family of subsets (which is $\binom{N}{m}$). So a direct union bound argument cannot be used. Trade off of an extra logarithm in the threshold; is based on new non-trivial estimates for order statistics. For an $N$-dimensional random vector $X$ by $X^_1 \geq X^_2 \geq \ldots \geq X^_N$ we denote the nonincreasing rearrangement of $\|X(1)\|, \ldots, \|X(N)\|$. In particular, $X^_1 = \max\{\|X(1)\|, \ldots, \|X(N)\|\}$ and $X^_N = \min\{\|X(1)\|, \ldots, \|X(N)\|\}$. Random variables $X^_k$, $1 \leq k \leq N$, are called order statistics of $X$. Problem Find upper bound for $\mathbb{P}(X^_k \geq t)$. Let $X$ be $N$-dimensional log-concave isotropic vector. Then $$\mathbb{P}(X^_k \geq t) \leq \exp \left( - \sigma_X^{-1} \left( \frac{1}{C} t \sqrt{k} \right) \right) \quad \text{for } t \geq C \log \left( \frac{eN}{k} \right).$$ The weak parameter is needed for a better control of a probability for random vectors which are sums of independent random vectors, in terms of sequences of coefficients in these sums. Latała (2010) proved a version without the weak parameter. ALLPT (2012) the present version. The approach is based on the suitable estimate of moments of the process $N_X(t)$ $$N_X(t) := \sum_{i=1}^{n} 1_{\{X(i) \geq t\}}, \quad t \geq 0.$$ That is, $N_X(t)$ is equal to the number of coordinates of $X$ larger than or equal to $t$. Estimate for $N_X$ For any isotropic log-concave vector $X$ and $p \geq 1$ we have $$E(t^2 N_X(t))^p \leq (C \sigma_X(p))^{2p} \quad \text{for } t \geq C \log \left( \frac{Nt^2}{\sigma_X^2(p)} \right).$$ To get estimate for order statistics we observe that $X_k^* \geq t$ implies that $N_X(t) \geq k/2$ or $N_{-X}(t) \geq k/2$ and vector $-X$ is also isotropic and log-concave. Estimates for $N_X$ and Chebyshev’s inequality give $$P(X_k^* \geq t) \leq \left( \frac{2}{k} \right)^p (EN_X(t)^p + EN_{-X}(t)^p) \leq 2 \left( \frac{Cp}{t \sqrt{k}} \right)^{2p}$$ provided that $t \geq C \log(Nt^2/p^2)$. We take $p = \frac{1}{eC} t \sqrt{k}$ and notice that the restriction on $t$ follows by the assumption that $t \geq C \log(eN/k)$. Proof of estimate for $N_X(t)$ is based on two ideas. - the restriction of a log-concave vector $X$ to a convex set is log-concave; - Paouris’ large deviation theorem. Uniform Paouris-type estimate For any $m \leq N$ and any isotropic log-concave vector $X$ in $\mathbb{R}^N$ we have for $t \geq 1$, $$\mathbb{P}\left( \sup_{I \subset [1,N] \atop \|I\| = m} \|P_I X\| \geq ct \sqrt{m} \log \left( \frac{eN}{m} \right) \right) \leq \exp \left( - \sigma_X^{-1} \left( \frac{t \sqrt{m}}{\sqrt{\log(em)}} \log \left( \frac{eN}{m} \right) \right) \right).$$ Idea of the proof. It is easy. $$\sup_{I \subset [1,N] \atop \|I\| = m} \|P_I X\| = \left( \sum_{k=1}^{m} \|X_k^\|^2 \right)^{1/2} \leq 2 \left( \sum_{i=0}^{s-1} 2^i \|X_{2^i}^\|^2 \right)^{1/2},$$ where $s = \lceil \log_2 m \rceil$. Let $n, N \geq 1$. Let $T \subset \mathbb{R}^N$ and $\Gamma$ be an $n \times N$ matrix. Consider any vector $x \in T$. Assuming that $\Gamma x$ is known, the problem is to reconstruct $x$ with a fast algorithm. Hypothesis on $T$ and on $\Gamma$. The common hypothesis is that $T = U_m$. the Restricted Isometry Property (RIP) of order $m$: for all $m$-sparse vectors $x$, $$ (1 - \delta) \|x\| \leq \|\Gamma x\| \leq (1 + \delta) \|x\|. $$ The RIP parameter: $$ \delta_m = \delta_m(\Gamma) = \sup_{x \in U_m} \|\|\Gamma x\|^2 - \mathbb{E}\|\Gamma x\|^2\| $$ Introduced by E. Candes, J. Romberg and T. Tao around 2006. If $\delta_{2m}$ is appropriately small then every $m$-sparse vector $x$ can be reconstructed from $\Gamma x$ by the $\ell_1$-minimization method. More notation Upper estimates for \[ \delta_m = \delta_m(\Gamma) = \sup_{x \in U_m} \left\| \|\Gamma x\|^2 - \mathbb{E}\|\Gamma x\|^2 \right\| \] More generally, for any $ T \subset S^{N-1} $, \[ \delta_T(\Gamma) = \sup_{x \in T} \left\| \|\Gamma x\|^2 - \mathbb{E}\|\Gamma x\|^2 \right\|. \] Let $ X_1, \ldots, X_n \in \mathbb{R}^N $ independent; $ \Gamma $ the $ n \times N $ matrix with rows $ X_i $. (In reconstruction problems – we look for vectors given by their measurements) Let $ 1 \leq k \leq n $ and define the parameter $ \Gamma_k(T) $ by \[ \Gamma_k(T)^2 = \sup_{y \in T} \sup_{I \subset \{1, \ldots, n\}, \|I\| = k} \sum_{i \in I} \|\langle X_i, y \rangle\|^2. \] We write $ \Gamma_{k,m} = \Gamma_k(U_m) $. It agrees with the definition introduced earlier – of $ A_{k,m} $. Fundamental Lemma: [ALPT, CRAS], [ALLPT]: Let $X_1, \ldots, X_n \in \mathbb{R}^N$ be independent isotropic, $T \subset S^{N-1}$ finite. Let $0 < \theta < 1$ and $B \geq 1$. Then with probability at least $1 - \|T\| \exp(-3\theta^2 n/8B^2)$, $$\delta_T \left( \frac{\Gamma}{\sqrt{n}} \right) = \sup_{y \in T} \left\| \frac{1}{n} \sum_{i=1}^{n} (\|\langle X_i, y \rangle\|^2 - \mathbb{E}\|\langle X_i, y \rangle\|^2) \right\|$$ $$\leq \theta + \frac{1}{n} \left( \sup_{y \in T} \sum_{i=1}^{n} \|\langle X_i, y \rangle\|^2 1_{\{\|\langle X_i, y \rangle\| \geq B\}} \right.$$ $$+ \sup_{y \in T} \mathbb{E} \sum_{i=1}^{n} \|\langle X_i, y \rangle\|^2 1_{\{\|\langle X_i, y \rangle\| \geq B\}} \right)$$ $$\leq \theta + \frac{1}{n} \left( \Gamma_k(T)^2 + \mathbb{E}\Gamma_k(T)^2 \right).$$ where $k \leq n$ is the largest integer satisfying $k \leq (\Gamma_k(T)/B)^2$. Corollary for RIP: Let $X_i$, $\Gamma$, $0 < \theta < 1$ and $B \geq 1$, as before. Assume that $m \leq N$ satisfies $$m \log \frac{11eN}{m} \leq \frac{3\theta^2 n}{16B^2}.$$ Then with probability at least $1 - \exp \left( -\frac{3\theta^2 n}{16B^2} \right)$ one has $$\delta_m \left( \frac{\Gamma}{\sqrt{n}} \right) = \sup_{y \in U_m} \left\| \frac{1}{n} \sum_{i=1}^{n} (\|\langle X_i, y \rangle\|^2 - \mathbb{E} \|\langle X_i, y \rangle\|^2) \right\|$$ $$\leq 2\theta + \frac{2}{n} \left( \Gamma_{k,m}^2 + \mathbb{E} \Gamma_{k,m}^2 \right),$$ where $k \leq n$ is the largest integer satisfying $k \leq (\Gamma_{km}/B)^2$. RIP Theorem for matrices with independent rows: Let $n, N \geq 1$ and $0 < \theta < 1$. Let $\Gamma$ be an $n \times N$ matrix, whose rows are independent isotropic log-concave random vectors $X_i$, $i \leq n$. There exists an absolute constant $c > 0$, such that if $m \leq N$ satisfies $$m \log \log 3^m \left( \log \frac{3 \max\{N, n\}}{m} \right)^2 \leq c \left( \frac{\theta}{\log(3/\theta)} \right)^2 n$$ then $$\delta_m(\Gamma / \sqrt{n}) \leq \theta$$ with high probability. Optimal up to a log log factor. For unconditional distributions we know that this factor can be removed; we conjecture that in general can be removed as well. Recall the result for $A_{k,m}$. For $n \leq N$, $k \leq n$, $m \leq N$, $$A_{k,m} = \sup_{J \subseteq [1,n], \|J\| = k} \sup_{x \in U_m} \left( \sum_{j \in J} \|\langle X_j, x \rangle\|^2 \right)^{1/2}.$$ Then for $t \geq 1$ we have $$\mathbb{P}(A_{k,m} \geq C t \lambda) \leq \exp(-t \lambda / \sqrt{\log(3m)}),$$ where $$\lambda = \sqrt{\log \log(3m)} \sqrt{m} \log(eN/m) + \sqrt{k} \log(en/k).$$ To bound $A_{k,m}$ one has then to prove uniformity with respect to two families of different character: one being $\{I \subset [1, N] : \|I\| = k\}$; and the other equal to $U_m(\mathbb{R}^N)$. $X_1, \ldots, X_n$ independent isotropic $N$-dimensional log-concave vectors. $x = (x_i) \in \mathbb{R}^n$ with some structural assumptions, like sparsity.... we consider $Y = \sum_{i=1}^{n} x_i X_i$. By duality we need to estimate probability that $$\left\{ \sup_{J \subseteq [1, N], \|J\| = m} \left\| P_J \left( \sum_{i=1}^{n} x_i X_i \right) \right\| \geq t \right\} = \left\{ \sup_{J \subseteq [1, N], \|J\| = m} \|P_J Y\| \geq t \right\}$$ for every $t \geq 0$, depending on the norms $\|x\|$ and $\\|x\\|_\infty$. Complexity of these families are too high for using a union bound argument, and so we need to come up with some chaining. This leads us to distinguishing two cases, depending on the relation between $k$ and $k'$: $$k' = \inf\{\ell \geq 1 : m \log(eN/m) \leq \ell \log(en/\ell)\}.$$ Step 1. when $k \geq k'$. We reduce to the case $k \leq k'$. Step 2. Case $k \leq k'$. To build intuition we may take $k' \sim k$. Step 1. We take only the family of $k$-sparse vectors, but do not need projections. $$\left\{ \sup_{x \in U_k} \left\| \sum_{i=1}^{n} x_i X_i \right\| \geq t \right\}.$$ Assume first that $x$ is a “flat” vector: $x_i = \pm \alpha$ or 0 and $\alpha = \tilde{k}^{-1/2}$, where $\tilde{k} = \|\text{supp}(x)\|$. That is, $\|x\| = 1$ and $\\|x\\|_\infty = \tilde{k}^{-1/2}$. Direct argument shows that the estimate is right for such vectors. We may have $0 < \|x_1\| \leq \|x_2\| \leq \ldots \|x_{\tilde{k}}\|$ and $x_j = 0$ for $j > \tilde{k}$, which may consist of some number of “flat” vectors. The first natural try is to consider separately each flat vector and then add the results together. This works but may produce an extra logarithmic factor. Chaining: let $k_1 \sim k/2$, $k_2 \sim k/4$, $\ldots$, $k_s \sim k/2^s \sim k'$. So $\sum_{j=1}^{s} k_j = k'$. Given $x \in U_k$, let $x^1$ be the restriction of $x$ to the $k_1$ smallest coordinates; $x^2$ be the restriction of $x$ to the next $k_2$ smallest coordinates, etc. This way, $$x = \sum_{i=1}^{s} x^i$$ where $x^i$'s have mutually disjoint supports, each of cardinality $\leq k_i$, and coordinates of $x^i$ are larger than coordinates of $x^j$ if $i < j$. We use Paouris-type estimates for each $x^i$... This is similar to ALPT (JAMS). Step 2. Another chaining argument, more delicate in definitions of $\varepsilon$-nets. We use the uniform estimate for projections of sums, which in general is weaker than in Case 1. At this step we lose $\log \log m$. 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UN Peacebuilding Fund Gender Promotion Initiative III Call for Concept Notes Ver. 26 May 2016 Deadline for Submission of Concept Notes: 17 June 2016 1. Introduction The Peacebuilding Fund (PBF) is pleased to announce the launch of the Fund's third Gender Promotion Initiative (GPI3). The initiative is an expression of the Fund's commitment to inclusive peacebuilding that support the empowerment of women, as a critical part of PBF's overall peacebuilding portfolio. Through this initiative, the Fund also seeks to advance the implementation of the Secretary General's SevenPoint Action Plan on Gender-Responsive Peacebuilding as well as Security Council Resolutions on Women, Peace and Security. 1 Unlike past calls for proposals from PBF, this call solicits proposals from non-governmental organisations (NGOs) as well as from UN organizations, in a selected group of eligible countries. This change responds to the recommendation of the 2015 Review of the United Nations Peacebuilding Architecture on empowering and including civil society in all activities related to sustaining peace and providing direct funding support to non-UN entities. It also fulfils the commitment of PBF in its 2014-2016 Business Plan to directly finance NGOs. Through this approach, PBF seeks to capitalise on NGOs' broader networks and closer relationships to local populations and civil society in countries of concern to enhance peacebuilding results. 2. Objectives As per its Terms of Reference, the PBF aims to "support interventions of direct and immediate relevance to the peacebuilding process and contribute towards addressing critical gaps in that process, in particular in areas for which no other funding mechanism is available". Within this overarching mandate, the GPI3 aims to: - Strengthen the integration of gender equality and women's empowerment within existing peacebuilding initiatives on the ground and within PBF portfolio at country-level; - Support innovative projects, focused on gender equality and women's empowerment, that have the potential for catalytic effect and peacebuilding outcomes; - Contribute to collective operational learning on gender-responsive programming, through the gathering, analysis and dissemination of lessons learned and good practices; - Continue raising awareness of the Secretary-General Seven-Point Action Plan and its commitment to increase funding of gender-responsive peacebuilding projects; and - Help the PBF overpass the 15% target. 3. Thematic focus The GPI3 will support projects whose main objective is gender equality and/or women's empowerment within the priority areas of the PBF: Priority One: Responding to imminent threats to the peace process, support for the implementation of peace agreements and political dialogue: 1 SCR 1325 (2000), SRC 1820 (2008), SCR 1888 (2009), SCR 1889 (2009), SCR 1960 (2010), SCR 2106 (2013), SCR 2122 (2013) and SCR 2242 (2015). * Security Sector Reform * Rule of Law * Disarmament, Demobilisation and Reintegration * Political dialogue (around specific time-bound peace/political agreements) Priority Two: Building and/or strengthening national capacities to promote coexistence and peaceful resolution of conflict: * National Reconciliation * Democratic Governance * Conflict Prevention/Management Priority Three: Supporting efforts to revitalise the economy and generate immediate peace dividends for the population at large: * Employment * Equitable access to social services Priority Four: Establishing or re-establishing essential administrative services and related human and technical capacities * Strengthening of essential national state capacity * Extension of state authority / local administration * Governance of peacebuilding resources (including JSC Secretariats) Projects that support the implementation of the Secretary General's Seven-Point Action on GenderResponsive Peacebuilding, as well as Security Council Resolutions on Women, Peace and Security, will be viewed favourably. 4. Eligibility The call for proposals is open to selected countries among those that have been declared eligible by the Secretary-General to receive PBF funding. Please see Annex 1 for the list of PBF recipient countries that are included in this call for proposals. Unlike past calls for proposals from PBF, this call solicits proposals from both UN organizations and NGOs. In order to be declared eligible to receive PBF funds under GPI, NGOs must be assessed as technically and financially sound by the Fund and its Managing Agent. Technical assessment will be undertaken during the review of Concept Notes (first round), on the basis of information requested in the application template for "Concept Notes from NGOs" in Annex 3.2. The financial assessment will be undertaken by the Managing Agent at the time of review of full project proposals (second round), for those organisations whose concept notes have been invited to the second round. 5. Application Process and Criteria The application process for the GPI3 will be structured in two rounds: 1) First round: Prospective applicants should submit a concept note (2-3 pages max., see relevant templates in Annex 3.1 for UN Organizations and Annex 3.2 for NGOs), including a short justification, the project's expected outcome, theory of change, overview of key activities, partners and budget. A Project Appraisal Committee composed of PBSO and external experts will review the concept notes and invite selected concept notes to be developed into full proposals. 2) Second round: UN entities and NGOs whose concept note was selected at round 1 should submit a full project proposal (templates for full proposal submission – including the required financial information for NGO eligibility – will be shared at the time of notification of success in the first round). Technical support for the development of the full proposal will be available from PBSO and its partners, upon request. The Project Appraisal Committee will reconvene to review the full proposals and make its final selection of projects. 6. Application criteria: - Concept notes/project documents are prepared by UN entities and NGOs together with local partners in the programming countries. UN entities and NGOs must partner with national / local NGOs/CSOs with demonstrated field presence and technical capacity to implement projects or project components in gender-responsive peacebuilding. At least 40% of the budget should go to national NGOs/CSOs. UN entities and NGOs will be held accountable for funds disbursed to its partners for the implementation of the project. - Concept notes can be submitted in English or French. - The maximum amount of funding awarded per project will be US$1 million. For NGO applicants, the minimum amount per project will be US$300,000. For UN applicants, the minimum amount per project will be US$800,000. - Projects should be completed within 18 months of the operational start-up date. There is no minimum duration. Cost- and no-cost extensions will be considered upon request, on a case-bycase basis, for projects having demonstrated concrete results and clear, reasonable justification. - For UN applicants: the Fund will consider a maximum of two proposals per UN Country Team. Concept notes should be submitted by the Co-Chairs of the Joint Steering Committee, along with a cover letter stating that the projects have been endorsed by the UNCT. Where there is no Joint Steering Committee in place, the concept notes should be submitted by the most-senior UN official in the country. PBSO will not accept proposals sent directly from individual UN entities. Joint submissions are encouraged. - For NGO applicants: the Fund will consider a maximum of two proposals per organisation for the entire GPI3. Proposals from NGOs may include activities in multiple countries, but all countries must be among the eligible countries listed in Annex 1. - Because GPI3 intends to contribute to operational learning on gender-responsive programming, all projects are required to foresee and budget sufficient resources for a final external evaluation. - To ensure complementarity with the larger peacebuilding agenda in the country, the project submission should include evidence of how the project will support the achievement of the Peacebuilding Priority Plan. 2 7. Review criteria The Concept notes (round 1) will be reviewed against the following criteria: a. Strategic: Projects must be of direct and immediate relevance to peacebuilding, and fall within one of the 4 priority areas of the PBF. b. Preference will be given to proposals showing how the planned interventions will influence social and political peacebuilding processes (e.g. dialogue efforts, policy formulation, etc.). c. A clear theory of change should be articulated, demonstrating the causal relationship between the proposed intervention and its intended peacebuilding impact both in the short term (expected impact by project's closing) and long term (longer term expected peacebuilding goals) 3 . The theory of change should clearly express the relationship between gender equality/empowerment outcomes and peacebuilding outcomes. d. Innovative: Particular consideration will be given to projects that attempt to try out new, creative interventions and approaches to address a particular problem. This could include, but is not limited to, projects focused on natural resource management, cross-border initiatives, innovative ways to integrate gender in SSR processes, women's role in conflict prevention (in line with Security Council Resolution 2242), projects involving the use of social media etc. e. Value for money/Cost Effectiveness: The project should demonstrate a focus on achieving value for money through its management and accountability mechanisms. Proposals should contain clear statements or budget explanations of why it is cost-effective or measures that will be taken to ensure cost-effectiveness. f. Projects that leverage commitments and action on gender-responsive peacebuilding from governments or national institutions. Additional consideration will be given to projects fostering partnerships on gender-responsive peacebuilding among national structures (e.g.: Ministry of Gender and Ministry of Defence, or Ministry of Social Affairs and Ministry of Justice, etc.) g. The project should support the achievement of the PBF funded peacebuilding process and be complementary with the larger peacebuilding agenda in the country. 2 More information on the Peacebuilding Priority Plan for each country can be found on the PBF website. 3 A theory of change is an explanation of how and why a set of activities will bring about the changes that a project seeks to achieve: "If we do this activity, then we will get this change, because it will improve the situation this way." h. Projects defined through inclusive, bottom-up approaches, where stakeholders and implementing partners have been consulted and have contributed to the identification of project's objectives and interventions. i. Gender-responsive peacebuilding: The PBF is looking for projects specifically designed to advance gender equality and empower women within broader peacebuilding initiatives on the ground. Projects aiming at integrating gender equality and women's empowerment in on-going peacebuilding efforts such as SSR, land reform, conduct of elections, national dialogue, etc., will be viewed favourably. Projects targeting adolescent girls and young women's participation and leadership, in line with the recently adopted Security Council Resolution 2250 (2015) on Youth, Peace and Security, are also encouraged. The proposed intervention should score a gender marker 3. The Seven-Point Action Plan on Gender-Responsive Peacebuilding, outlined in the Secretary-General's Report on Women and Peacebuilding, should be used as guiding principle for the development of projects. Projects supporting the implementation of one or several of the seven commitments will be viewed favourably, as will projects supporting the implementation of the Security Council Resolutions on Women, Peace and Security including, where it exists, the National Action Plan on SCR 1325. j. Demonstration of existing capacity to implement the proposed activities. If the proposing organisation is a past recipient of PBF funding, the proposal should also include a description of the allocation (amount, implementation time period) and a brief outline of key results and delivery rates. 8. Technical Support PBF has observed that the availability of dedicated expertise is a key for the quality of the design and the success of the implementation of targeted programmes. The GPI3 will therefore prioritize the availability of gender and peacebuilding expertise for country teams, from the initial days of conceptualization to the final evaluation of each project: - Interested UN organizations and NGO are encouraged to participate in webinars provided by PBSO. To participate, please RSVP by e-mail to PBSO focal point ([email protected]) at least two days before each session. - Applicants are encouraged to undertake informal consultations with PBSO to discuss project ideas during round 1. - Contingent on available resources, technical support will be provided for the development of full project proposals on the basis of selected concept notes. - Through PBSO's partnership with United Nations Volunteers (UNV), national and international volunteers, experts on gender responsive peacebuilding will be placed as soon as possible in \| Introduction to PBF \| 26 May 2016 \| \|---\|---\| \| Youth-inclusive peacebuilding \| 1 June 2016 \| \| Gender-responsive peacebuilding \| 2 June 2016 \| \| Monitoring and Evaluation (after the first round selection) \| TBC \| 2016 in priority countries lacking dedicated capacities, to support the implementation, monitoring and evaluation of projects. 9. Timeline 10. Resource persons For further questions on the Gender Promotion Initiative, please contact: Cécile Mazzacurati – Policy Officer, Youth & Gender, PBSO - [email protected] / +1-212-963-9454 Tammy Smith – Officer-in-Charge of PBF and Senior Advisor on M&E, PBSO – [email protected] / +1-212963-9451 Risa Fujimura – Programme Officer, PBSO – [email protected] / +1-212-963-5775 ANNEX 1: Eligible Countries \| Central African Republic \| Mali \| \|---\|---\| \| Comoros \| Myanmar \| \| Côte d’Ivoire \| Niger \| \| Guatemala \| Papua New Guinea \| \| Guinea \| Sierra Leone \| \| Guinea Bissau \| South Sudan \| \| Kyrgyzstan \| Sri Lanka \| \| Liberia \| \| ANNEX 2 : Rationale for Gender Promotion Initiative 3 The PBF recognizes that systematic inclusion of women in peacebuilding is essential to the just reconstruction of political, legal, economic and social structures, and to the advancement of gender equality goals. This is not only a matter of women's and girl's rights, but of effective peacebuilding. The Security Council has highlighted, through the adoption of a broad normative framework of several resolutions, the importance of increasing women's participation in preventing, resolving and recovering from conflict, as well as the necessity to address the impact of conflict on women. The importance of women's role in the economic recovery, social cohesion and political legitimacy of war-torn societies has also been the focus of the Secretary-General 2010 report on "Women's Participation in Peacebuilding". The report defined a Seven-Point Action Plan on Gender-Responsive Peacebuilding outlining commitments in 7 areas, to ensure that women's priorities are addressed, their participation is guaranteed and a gender perspective is applied to all aspects of peacebuilding. Under the areas on financing, the Secretary-General committed the UN system to allocate at least 15% of UN-managed funds in support of peacebuilding to projects that "address women's specific needs, advance gender equality or empower women" as their principle objective 4 . 7 Commitments of the SG's Action Plan for Women's Participation in Peacebuilding: 1. Women are fully engaged in, and timely gender expertise is provided to, all peace talks; 2. Post-conflict planning processes, including donor conferences, involve women substantively and apply methods that result in comprehensive attention to gender equality; 3. Adequate financing – targeted and mainstreamed – is provided to address women's specific needs, advance gender equality and promote women's empowerment. A target of 15% was set in the report; 4. Deployed civilians possess specialized skills, including expertise in rebuilding state institutions to make them more accessible to women; 5. Women can participate fully in post-conflict governance, as civic actors, elected representatives and decision-makers in public institutions, including through temporary special measures such as quotas; 6. Rule of law initiatives encourage women's participation in seeking redress for injustices committed against them and in improving the capacity of security actors to prevent and respond to violations of women's rights; and 7. Economic recovery prioritizes women's engagement in employment-creation schemes, communitydevelopment programmes and the delivery of frontline services. Women, Peace and Security issues remain high on the international agenda, particularly conflict-related sexual violence, and there are positive developments in women's participation in conflict resolution, mediation and peace processes, particularly since 2010. However, recent research 5 shows that a distinctive gap remains between policy commitments and the operational reality of implementing gender-responsive peacebuilding, in spite of accelerated efforts across the UN, NGOs and Governments to bridge this gap. Importantly, the 2015 Global Study on Women, Peace and Security identified the lack of dedicated funding as the principle impediment to the implementation of the women, peace and security agenda: Despite the wealth of evidence highlighting the benefits that investing in women can bring in terms of conflict prevention, crisis response and peace, the failure to allocate sufficient resources 4 2010 Secretary-General's Report on Women's Participation in Peacebuilding (S/2010/466) 5 E. O'Gorman, Independent Thematic Review on Gender and Peacebuilding, March 2014. and funds has been perhaps the most serious and persistent obstacle to the implementation of the women, peace and security agenda over the past 15 years. The scarcity of funds for the WPS agenda is in line with the enormous global funding gap for gender equality more generally. Research shows a consistent, striking disparity between policy commitments to gender equality and women's empowerment, and the financial allocations to achieve them. 6 Together with its partners, the PBF is committed to strengthen the participation of women in political processes, enhance their voices in post-conflict planning processes and address their specific postconflict needs. The PBF recognizes that rebuilding after conflict is the opportunity to "build back better" by addressing gender inequality and reaffirming women's civil, political, economic, social and cultural rights. In addition, PBF underscores the conclusion of the Secretary-General's report on "Women's Participation in Peacebuilding" that, in post-conflict settings, targeted interventions are required to break patterns of violence and to capitalize on the leadership roles women may assume during conflicts. PBF's experience encouraging dedicated funding for gender equality and women's empowerment. A decade of funding support by the Fund has consistently shown that gender equality and women's empowerment require affirmative action and exceptional measures. Since becoming operational in 2007, the PBF has adopted proactive measures to support peacebuilding approaches that promote gender equality as part of its strategy to prevent relapse into conflict. A gender marker system was adopted in 2009 to track these commitments (see PBF Guidelines). As an overall principle, and as reaffirmed in its 2014-2017 Business Plan, PBF works to make sure that gender is mainstreamed throughout its entire portfolio, i.e. that all peacebuilding interventions it supports consider gender issues as part of the conflict analysis, priority setting, budget allocation, implementation, as well as in monitoring and evaluation. In 2011, to help meet the SG's 15% target, PBF launched a first Gender Promotion Initiative (GPI), calling for targeted projects on women's empowerment and gender equality. This first GPI allocated US$ 6.1 million to 8 projects (in Guatemala, Guinea, Guinea-Bissau, Nepal, Sierra Leone, South Sudan, Sudan and Uganda). In great part thanks to this GPI, PBF reached the mid-term 10% target that had been defined by the Policy Committee for 2012. However, in 2013, PBF saw the proportion of projects targeted gender equality as main objective decrease to 7.4%, demonstrating that proactive, exceptional measures remain indispensable to promote gender in peacebuilding programmes and projects. A second Gender Promotion Initiative was therefore launched in the second half of 2014, leading to the allocation of US $7,63 million to 9 projects (in Guinea, Kyrgyzstan, Mali, Nepal, Papua New Guinea and Somalia) (see summary table of GPI1 and GPI2 in Annex 4). In 2015, PBF met the Secretary-General's funding target by allocating 15.7% of its funds to gender equality and women's empowerment. This total includes both projects whose principal objective is to promote women's empowerment and gender equality (in large part, projects funded through the GPI2) as well as targeted activities within projects where gender equality is mainstreamed but not the principal objective. While this was an important milestone for the Fund, PBF remains convinced that temporary special measures such as the GPI are indispensable to maintain and eventually increase this funding allocation. 6 Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of Security Council Resolution 1325, 2015, p.368. ANNEX 3.1: GPI Concept Note Template for UN Organizations Project Title (Max 200 characters) Country Project justification and expected outcomes (Maximum 1000 characters) i) Explain how the proposed project contributes to the overall peacebuilding process in the country; ii) Explain the connection of the proposed project to the existing PBF investments in the country, if any; iii) Describe the expected outcomes in terms of gender equality and women's empowerment; iv) Demonstrate how the project fills a strategic peacebuilding gap. Theory of Change (Maximum 1000 characters) i) Describe the causal relationship between the proposed intervention and the expected peacebuilding, and gender equality and women’s empowerment results; ii) Indicate how the expected results will be measured. Proposed Interventions (Maximum 1000 characters) i) Specify geographic zone(s) of intervention; ii) Describe target groups; iii) Explain thematic areas of intervention and proposed activities; iv) Indicate risks that could affect project implementation. Proposed Recipient UN Organization(s): (Maximum 500 characters) i) Give the names of recipient UN organizations ii) For joint proposals, specify lead organization. Implementing Partners: (Maximum 500 characters) i) Explain who will be the implementing partners from civil society, including at the local level; ii) Explain who will be the national counterpart(s); iii) Describe what steps you have already taken to involve local partners in the designing of this concept note. Duration: Give overall project duration. months Budget: i) Give overall project budget; ii) Indicate how much of the overall budget will be channelled to national civil society organizations. (Maximum 500 characters) Capacity If the proposing organisation is a past recipient of PBF funding in the country, indicate the allocation (amount, implementation time period) and a brief outline of key results and delivery rates. (Maximum 500 characters) The concept note should be 3 pages maximum. Concept notes should be submitted to PBSO no later than 17 June 2016, through a formal cover letter addressed to Oscar Fernandez-Taranco, Assistant Secretary-General for Peacebuilding Support ([email protected]) by the Co-Chairs of the Joint Steering Committee, with a justification of how the project will support achievement of the Priority Plan. Where there is no Joint Steering Committee in place, the concept notes should be submitted by the most-senior UN official in the country, with a justification of how the project will support the achievement of the PBF-funded peacebuilding process, and evidence of consultation with the Government and the UN Country Team. ANNEX 3.2: GPI Concept Note Template for NGOs Project Title (Max 200 characters) Country Project justification and expected outcomes (Maximum 1000 characters) i) Explain how the proposed project contributes to the overall peacebuilding process in the country; ii) Explain the connection of the proposed project to the existing PBF investments in the country, if any; iii) Describe the expected outcomes in terms of gender equality and women's empowerment; iv) Demonstrate how the project fills a strategic peacebuilding gap. Theory of Change (Maximum 1000 characters) i) Describe the causal relationship between the proposed intervention and the expected peacebuilding, and gender equality and women’s empowerment results; ii) Indicate how the expected results will be measured. Proposed Interventions (Maximum 1000 characters) i) Specify geographic zone(s) of intervention; ii) Describe target groups; iii) Explain thematic areas of intervention and proposed activities; iv) Indicate risks that could affect project implementation. Proposed Recipient Organization(s): (Maximum 500 characters) i) Give the names of recipient organizations; ii) For joint proposals, specify lead organization. Implementing Partners: (Maximum 500 characters) i) Explain who will be the implementing partners from civil society, including at the local level; ii) Explain who will be the national counterpart(s); iii) Describe what steps you have already taken to involve local partners in the designing of this concept note. Duration: Give overall project duration. months Budget: (Maximum 500 characters) i) Give overall project budget; ii) Indicate how much of the overall budget will be channelled to national civil society organizations. Technical Capacity Assessment (for lead organization) Do you have an already established presence in the country? Yes No Will new staff need to be recruited for this work? Yes No What is your existing organizational budget, per year, over the last 3 years? How many countries are you active in? Does your organization produce a public annual report and/or undergo financial audit? Annual report: Yes No Financial audit: Yes No Describe your organization’s past experience with programming on gender and peacebuilding. (Max 1000 characters) The concept note should be 3 pages maximum. The concept notes should be submitted to PBSO ([email protected] and [email protected]) no later than 17 June 2016 by the head of the NGO, along with a formal cover letter addressed to Oscar Fernandez-Taranco, Assistant Secretary-General for Peacebuilding Support. Please include [GPI-NGO] in the subject line of the submission email. ANNEX 4 : Overview of GPI1 and GPI2 \| \| GENDER PROMOTION INITIATIVE I (2011) \| \| \| \| \| \| \| \| \|---\|---\|---\|---\|---\|---\|---\|---\|---\| \| \| COUNTRY \| \| PROJECT # \| \| PROJECT TITLE \| \| RUNOs (lead) \| BUDGET \| \| Guatemala \| \| PBF/IRF-80 \| \| 1325: Reafirmando los derechos de las mujeres sobrevivientes de violencia sexual en situación de conflicto y post-conflicto \| \| UN-W, UNFPA, UNDP \| \| \| \| Guinea \| \| PBF/IRF-52 \| \| Programme conjoint de prévention et réponse aux Violences Basées sur le Genre en Guinée \| \| UNFPA, UNICEF, UNDP \| \| \| \| Guinea- Bissau \| \| PBF/IRF-50 \| \| Quick and Multilevel Impact for Women's Economic Empowerment and Improvement of Working Conditions in Guinea-Bissau \| \| UN-W, FAO, UNICEF \| \| \| \| Nepal \| \| PBF/IRF-54 \| \| Gender Responsive Recovery for Sustainable Peace \| \| UN-W, FAO, ILO \| \| \| \| Sierra Leone \| \| PBF/IRF-57 \| \| Peace Consolidation through increased Participation of Women in Decision Making in Sierra Leone \| \| UN-W, UNFPA, UNDP \| \| \| \| Sudan \| \| PBF/IRF-58 \| \| Empowering Women for Peace &Recovery in East Sudan \| \| UN-W, ILO \| \| \| \| South Sudan \| \| PBF/IRF-51 \| \| Support to women's peacebuilding in South Sudan \| \| UN-W \| \| \| \| Uganda \| \| PBF/IRF-63 \| \| Peacebuilding and enhancing protection systems \| \| UN-W, UNICEF \| \| \| \| TOTAL \| \| \| \| \| \| \| \| \| \| \| GENDER PROMOTION INITIATIVE II (2014) \| \| \| \| \| \| \| \| \| Guinea \| \| PBF/IRF-104 \| \| Appui à l’institutionnalisation de l’approche genre, de la prévention et protection des VBG au sein des forces de défense et de sécurité \| \| UNFPA, UNDP, UNICEF, OHCHR \| \| \| \| Kyrgyzstan \| \| PBF/IRF-109 \| \| Women as peaceful voters and women as candidates \| \| UNDP, UNICEF \| \| \| \| Kyrgyzstan \| \| PBF/IRF-115 \| \| Building the evidence base to inform gender-sensitive policy making and state action to promote gender equality and lasting peace in a secular Kyrgyzstan \| \| UN Women, UNFPA, IOM \| \| \| \| Mali \| \| PBF/IRF-105 \| \| Programme d’amélioration de l’accès des femmes victimes de violences sexuelles et basées sur le genre à la justice et la sécurité dans le processus de consolidation de la paix au Mali \| \| UN WOMEN, UNFPA, MINUSMA \| \| \| \| Nepal \| \| PBF/IRF-108 \| \| Localizing Women Peace and Security Agenda in the Central Terai \| \| UN Women, UNDP \| \| \| \| Nepal \| \| PBF/IRF-107 \| \| Empowering Women 4 Women: Access to Land for Sustainable Peace in Nepal \| \| IOM, UNDP, UN- Habitat \| \| \| \| Papua New Guinea \| \| PBF/IRF-117 \| \| Equality for Progress: Bougainville Women in Leadership Programme. Increasing the political participation of women in Bougainville \| \| UN Women, UNDP \| \| \| \| Papua New Guinea \| \| PBF/IRF-111 \| \| Planim Save, Kamap Strongpela: Plant Knowledge, Grow Strong \| \| UN Women, UNICEF, \| \| \| \| Somalia \| \| PBF/IRF-119 \| \| Strengthening Women’s Role and Participation in Peacebuilding: Towards Just, Fair and Inclusive Somalia \| \| UNDP, UN Women, UNSOM \| \| \| \| TOTAL \| \| \| \| \| \| \| \| \|	<urn:uuid:bfb7153f-33d0-4d36-99e0-737887504cc4>	CC-MAIN-2019-43	http://www.unpbf.org/wp-content/uploads/GPI3-Call-for-Concept-Notes-Final_revised-26-May.pdf	2019-10-18T12:37:37Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-43/segments/1570986682037.37/warc/CC-MAIN-20191018104351-20191018131851-00549.warc.gz	342,112,366	6,408	eng_Latn	eng_Latn	0.914963	eng_Latn	0.993447	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown" ]	false	rolmOCR	[ 152, 2930, 5069, 8126, 10855, 13792, 14310, 14567, 18339, 22143, 23204, 24874, 25923, 27554, 30560 ]
Designed to eliminate up to 95% of boat roll, the Seakeeper 26 is sized for vessels between 70' and 84', up to 75 tons. Unlike traditional external fins, the Seakeeper 26 has no outside appendages, requires only modest electrical power, and can be installed virtually anywhere on board. TECH SPECS PORT VIEW FRONT VIEW TOP VIEW	<urn:uuid:a4edcad1-cc49-4cc5-bd34-cbbca988509d>	CC-MAIN-2024-38	https://www.sea-tek.no/wp-content/uploads/2018/07/Seakeeper-26_Spec_Sheet-Full_Page.pdf	2024-09-09T14:02:23+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-38/subset=warc/part-00192-781f89b0-54ef-4e32-b51d-e5860e733e3a.c000.gz.parquet	920,227,382	84	eng_Latn	eng_Latn	0.997774	eng_Latn	0.997774	[ "eng_Latn" ]	false	rolmOCR	[ 331 ]
Editorial One of the less prominent features of the February Synod was the 'final drafting stage' of the process of authorization of the Ecumenical Canons. These come for final approval in General Synod in July, and then go to Parliament. I am not really trying to wind another up on this but Parliament is going to be responsible for them – it could just pass them, of course – and the problem of resistance, that members of both Houses who think they own the Church of England could decide that they wanted no truck with 'ecumenical canons' I do not seriously anticipate that. But there is much more probably at stake here: about the relationship between and overseas Anglicans and non-Anglican readers may well be horrified to discover that here the church is wholly at the mercy of the political process. Not only is the process of canonization receiving a lot of publicity with the prospect of a General Election thrown the timetable much further out. If a new government is formed (of whatever party or pastiche of parties) between now and Christmas, then ecclesiastical legislation is delayed by not only one election process, and unless pressing legislative matters a new government must adopt – but in fact ecclesiastical 'Measures' can only be introduced into Parliament by the Ecclesiastical Committee (which links Synod with both Houses), and there is no pressure upon a government to hurry in the formation of that Committee. Pshaw. However, let christians be virtuous. All is buzz around the dozen Local Ecumenical Projects in Birmingham diocese. I am sure that although much goes well, it is not at all clear that we would be ready if the Measure and its allies came into force even next Christmas. For, as I read of Canon 844, there is neither a sound constitutional basis for each LEP before any responsible bishop could sign the 'instrument' which makes the relevant parts of the Canons come into play. And it would be ignored, if ever it came into force, without having grown so slowly that had yet not got a sufficiently solid basis for a seven-year period of thoroughly authorized life to be given. We could have the odd situation that the arrangement was felt to go backwards at the point where it should have gone forward. I am sure that the enactment of these Measures is going to put the Church of England to the test quite seriously as to how well based its ecumenical arrangements are. The crucial points in section 4 of the draft Canon are as follows: 'A bishop... may by an instrument... (d) authorize a priest of the Church of England to preside in that area in accordance with a rite authorized by any other participating Church; (e) make provision for the holding in that area of joint services with any other participating Church, including services of baptism and confirmation; (f) authorize the holding, in a place of worship of the Church of England in that area, of services of Holy Communion presided over by a minister of any other participating Church.' I read this as including quite a few points which will need local interpretation. I hope in future months to do some spelling out of the possibilities in this. But I note that right now is the time for giving LEPs (and creating new ones – on which also I have some ideas) for the first time into force of the new Canons – perhaps, but only perhaps, in the first half of 1988. Colin Buchanan ORDINATION OF WOMEN AS DEACONS Happy reports come in from all round the country about these services, though no-one has yet announced last month's conundrum about when women will be able to ordain (or in West Yorkshire 'bless') deacons in the area of the Church of England. The first women to be ordained by English process is named as the Rev. Angela Bailey of Canterbury; various sermons are to be had; and a further succession of reports are due in. In Portsmouth there was included that the service is currently always now used in the cathedral, that the Bishop watched the raw deacon feed. Another point not strictly relevant to the question of women candidates is made in a separate report from London which is mentioned below. In Lichfield, where the rite is due on 24 May, there have been drafting efforts going on to add a pepped-up Preface to the rite. The following text has come to hand from Lichfield sources, though it is emphasized by those sources that further touching-up might occur between now and 24 May. It runs as follows: PREFACE Our Lord Jesus Christ recognized and received the ministry of women and from the Apostolic Age women have set apart their lives in devotion to him for the building up of His Body, the Church, and for wider service throughout the world. We recall the rich contribution women have made to the Church in our own nation through the centuries: Hilda of Whitby, Julian of Norwich, Josephine Butler, Gladys Aylward, Mary Sumner, Evelyn Underhill and many others. We rejoice that their witness and humour and service has brought both men and women to faith and trust in Christ. On this historic occasion we give thanks to God for the service rendered to the Church of England since 1881 by the Order of Deaconesses. From that time they have ministered in town and city parishes, labouring diligently among the crowded populations and in industrial areas, bringing glad joy in sharing in and in leading worship; and proclaiming the gospel; they have cared for and instructed the young; they have given counsel and guidance to those in trouble, bringing comfort to the sick, and the dying the bereaved. In all this their faithfulness has looked for no reward, save that of serving our Lord. We are proud to share our joy with all those whom God has called to this ministry which he has so widely used and so abundantly blessed. We affirm and uphold their ministry and we celebrate today the richness which their Ordination to the Diaconate within the historic three-fold ministry will bring to the Church. We commend those to be ordained to the grace of God who alone equips his people for work in his service. MULTIPLYING THE LOAVES In the Bishop's High Farewell, reported in the Scrapbook in this issue, around 170 people were using the Bishop's hands and 170 crystal goblets for wine. In the House after the Peace the right number of distributants picked up the requisite supply and came on the stage standing in a half-circle four deep round behind Bishop Hugh, most people carrying both basket and goblet. This followed the well-publicized 'Portsmouth' dictum that they were 'rakkestands and coo-oo-rators' – and thus there was a mix of clergy and laity, though all were authorized to administer the elements. The fact that passed them along the rows. The Provost of Portsmouth writes: 'I confess that the whole cathedral followed its own principles at the ordination of women as deacons, and that is a relief to hear in Birmingham! But the Archdeacon of Northolt writes: 'to accompany the eucharistic action in St. Paul's when 71 women were made deacons'. To facilitate things there was a second Holy Table, at the West End... At the Offertory Hymn two of the "presiding" Bishops and others from the group of clergy involved were processed to the West End and out of the Bishop... said the Thanksgiving Prayer rather softly and made the "usual" manual acts over the bread and wine. The elements of the Table were then used to communicate half the people... The Bishop said he was wondering... I wonder if this novel extension has happened elsewhere.' So here we need a new name for something like two simultaneous celebrations under the same roof – perhaps 'simul-celebration'? – or is it a 'stretched con-celebration'? With Portsmouth you do know which celebration you are attending. CANTICLE 1 Jesus, as a mother you gather your 'people' to 'you': you 'love' us, you 'feed' us as a 'mother' 'with her children'; often you 'weep over our sins' and our 'pride' tenderly you 'draw us from hatred' and 'judgement'. 2 You comfort us in sorrow, heal our 'wounds': in sickness you 'nurse us', and with pure 'love' you 'feed us'. 3 Jesus, by your dying we are 'born' to 'new' life: by your anguish and 'labour' we come 'forth' in joy. 4 Despite our 'high' thrones and 'sweet' goodness: through your 'gentleness' we 'find comfort' in fear. 5 Your warmth gives 'life' to the 'dead': your 'touch' makes 'sinners' 'righteous'. 7 Lord Jesus, in your 'mercy' 'heal us': in your 'love' and 'tenderness' 'make us': 8 In your 'mercy' 'bring peace' and 'forgiveness': for the beauty of 'heaven' may your 'love' 'prepare us'. Copyright Michael Vasey 1987 – after St. Anselm's Prayer to St. Paul. AUTHOR'S COMMENTARY ON CANTICLE This canticle has as its inspiration Anselm's devotional Prayer to St. Paul. This is perhaps as one of the great Christian saints of the neighbourhood of 100 or more years ago, the methodeist of Canterbury, Anselm takes up his starting point 1 Thess. 2.7, 8. Scriptural passages that lie behind the canticle include: 1 Sam. 2.7, 8; Matt. 23.37-39; Is. 66.13; 1 Peter 2.2-3; John 14.23, 20, 23; 1 Cor. 15.28. The canticle draws on scriptural and classical Christian tradition. It is hoped that it may be a suitable way of highlighting feminine imagery in the liturgy, and may complement current emphasis on Mary/Magdalene, with the image of God is as warrior and judge. If the canticle is to be used responsorially one of the following lines would be suitable as the refrain: 1a, 7a, 8a. This month's booklet... is worship Series no. 59, Remembrance Sunday, by Andrew Jones. The discussion focuses on war and peace, and the implications of 'remembrance'. He goes on from this basis to look at the liturgical outworkings and some pastoral issues associated. ... and the Green Ethical Study is the study of the series, though no. 85 in the whole series, Ethical Tensions in the Welfare State by Roy McCloughry (£1.50). ... and next month's is Pastoral Series no. 31, Staying Sane under Stress, by Patsy Kettle (nee Evans, authoress of no. 18 What? Me a House Group Leader?). ... and the AGM of Grove Books Ltd. is at St. John's College, Nottingham, at 1.30 p.m. on Tuesday 2 June 1987. Are you an Alcuin Club Member? If so, it is very possible that you have not yet received your March Joint Liturgical Study no. 1. Grove Books takes responsibility for a nonsense, and would be much happier if you wrote and told us. We will even try to send your stamp back with the study. LITIGY IN PROTEST For the record, we note on Monday 13 April in St. George's Cathedral, Capetown, a service of prayer for those detained without trial (which apparently include large numbers of children). The service followed a ban ISSN 0263-7170 20p (£3.90 by inland post for the year 1987 – £4.60 with News of Hymnody added) Editorial address: 60 Handsworth Wood Road, Birmingham B20 2DT (021-554-5129) GROVE BOOKS LIMITED BRAMCOTE NOTTS. NG9 3DS (0602 251114) EDITORIAL COMMENT Without much medical knowledge, I gladly endorse the above. However, I do want to intrude a question of principle for Anglicans to consider. I detect the following inconsistencies in our approach to the matter: (i) We are absolutely sure that the symbolism of a 'common cup' is not only unproblematic but wholesome, whereas we are 85% sure we are wholly unbothered by atomized individualized wafers as the way of sharing the 'common loaf'; (ii) not to say so, but the symbolism of the 'common cup' is, in hard cases, more important than the reception of two elements separately — in other words, the common cup is preserved at the price of intinction. Have we got our starting points slightly confused? ECUMENICAL WORSHIP AT NOTTINGHAM Martin Conway, the President of the Selly Oak College, writes about the worship at the 'Not Strangers but Pilgrims' Conference held over the last weekend of March in Nottingham University. There were 400 participants from a wide range of Christian traditions and the 'lock-led Churches'. The morning services on both Saturday and Sunday were led by ordained women. But the main feature of the report goes as follows: 'Debate about the [sc. the policy of the Roman Catholic Church not to share in communion with other Churches] chimes brook out into the Church, and already on the Saturday, the group where I was on the Saturday afternoon a good deal of time was given to this, including two long — and not particularly convincing — speeches by the Church of England's defence of the current Roman Catholic policy. So there was a great deal of emotion in the air when Archbishop Derek Warlock of Liverpool led a mass for the Conference in the Great Hall. He was accompanied by some 16 or 17 fellow Bishops and other priests (one woman referred to a 'solid wall of male con-celebrants!'). He referred with notable restraint and brevity to the pain involved in the discipline. The congregation was invited to sing hymns while the Catholics received communion — several Catholics to my knowledge felt unable to do so. During the plenary debate on the Sunday morning Bishop Cormac Murphy O'Connor spoke to the whole Conference about the difficulties caused by our insistence on the 'common cup'. He referred to my feeling about the air somewhat. We were also drawing close to the end of the Conference when we met in an upstairs hall — no more positively conclusive than the Great Hall but at least somewhat less confrontive with the feeling of oppression which for the Church of England Electurist immediately after lunch on the Sunday afternoon. There were two women in the much smaller party which proceeded to bring the Holy Communion to a very small group that a black Pentecostal had been asked to read the epistle, a Roman Catholic priest the gospel and the incoming Methodist Ecumenical Secretary the intercessions. It also seemed entirely appropriate and encouraging that Archbishop John Habgood, in a carefully prepared reference to the question of eucharistic discipline, invited those who would by their own disciplines feel unable to receive the bread and the wine but who nevertheless wished to identify themselves with this Eucharist to 'receive the wine with everyone else' — simply indicating to those distributing the bread and wine that they should not be receiving. I happened to find myself in the line just in front of a long-standing friend who is a Benedictine Sister, deeply committed to ecumenical work and who has been a member of the royal to her own Roman Catholic obedience. As I turned away from receiving the elements I noticed her approach those distributing them, smile to them and bow deeply with her hands folded across her chest in a gesture which abundantly conveyed both the joy of sharing and the painful torment of abstaining.' COB'S LITURGICAL SCRAPBOOK March: (23) the 1300th anniversary of the death of St Cuthbert on the Farne Islands — and high festivities at St Cuthbert's Castle Vale, where I preside, swing a little incense, and preach a sermon on 'How lovely on the mountains' (but it has to become 'How lovely on the Vale') — and bring greetings from a parish in the West Indies. Venables out cannot tell me the name of the Canadian priest who sent greetings; (21) the day the deaconsesses are made deacon, with the Canterbury and York rite — and Bishop Hugh has gone to much trouble to make the psalm, the readings, the prayers etc. inclusive or, of course, actually commence in their own language — but the choir have not had copies of his psalm so we get Cowdare unemaculated from them, and Bishop Hugh himself reads from the monster card (allowing for one or two omissions) held up at the back service, rather than from his tested text. He slips into his own trap on one or two occasions — the women all have sprigs of yellow rose given to each of them before the service, and they carry them to the altar and hand them to him there; and then, after the delivery of the New Testament they adjust their stoles ... and there is great spontaneous applause before we proceed to the Peace; (22) at a morning intimacy conference I come to a whole church woman (with interpreter) to be singing, and a crowd of spectators (again helpfully by signing) along with her hearing husband; in the afternoon it is back to the independent school in the city, and at a parallel quite near — three confirmation classes in (24) bagged the confirmation at Yardley, where last year the water escaped from the font — all carefully checked this year; (25) Lady Day and confirmation in Sparkhill, including two elderly women who are the only ones in their church to employ the gospel that says this non-priest-in-charge has; (29) a Mother's Day service — but eucharist and adult (I hope) sermon — in Rite B Edgbaston, but I cheerfully carry my psalter down the aisle to the end; in the evening I break my fast early for my first attempt to attend a service among the last service of the long-standing Rector of Solihull, Canon Raymond Wilkinson, as he retires on Tuesday and I lead the 'Prayers after the Third Collect' for the first time in my purge-free years; (31) now it is Bishop Hugh's Festival and that '7000-worshipper' comes up at The Arena at the NEC — I am not staying on it here, but we manage to communicate the whole congregation in under ten minutes, and thus keep to time — and the congregation find Bishop Hugh's last act, laying aside his cope, mitre, albs, stole and crozier on the platform, before walking out in purple cassock with Eliza his wife beside him, but otherwise alone, the most moving part of all — though the mood is quickly terminated by the cascades of 3000 specially logo-ed balloons from the roof as the fun begins in the evening. April: (6) Passion Sunday, and at two confirmations I reckon the 'Greeks' in the ASB Gospel are the new and unexpected converts, whilst the Jews would be from long-standing Christian families! In the evening I run a 'Catholics-and-non-Catholics' on the theme of 'Worship, Orton, in the off-season; (8-11) a break from liturgy all the time is good for the appearance of our new Bishop of Birmingham — more elsewhere about this (i.e. not in this journal — not this one); (15) Palm Sunday, and again I follow the ASB Gospel precisely on the theme 'He came in the name of the Lord' — and find I would be interested to learn more about how they originally got attached to the Sanctus, and why (can any readers help?) ... Book Review Roger Argyle The Offering of the People (Jubilee Group, 1988, 20pp, £2.50) This booklet is interesting more for its 'jubilee' provenance and for its broad scope than for its detailed argument. The Jubilee Group is the national body for the ecumenical reform of society, and thus, by definition, it is a group concerned to link religion with society. In one sense it aims to fulfil the thesis of Donald Gray's Earth and Altar. How stands the offeratory nowadays? Roger Argyle is careful to accept the more conventional wisdom that Gregorian Doxology offers the wrong, and that the laying of the Holy Table is not the first of the instituted domincal acts. But he is also concerned to exhibit a patriotic emphasis upon the people's offering of the meal, and to stress the importance of the bread and wine, and of the importance of creation. A slightly densely argued chapter follows in salvaging the concept of 'offering' from wanton attackers ('... what did the ancient pagans think of the worshipper?') by the continued use of ideas of offering, and now. But this seems to me that certain ideas of offering already hold the Christian field until they are attacked — whereas I would argue that although the earthy realities have always about offering, the more sacramentalised book (reviewed here last month), yet the normative and New Testament assumptions run the other way — that Christian sacramental worship is not seen as an imitation of any sort of consecrated fruits of the earth, and the onus is on those who would demonstrate otherwise. The later discussion disappoints, as it does not tackle Rite A closely, does not discuss the sensitive point about 'offertory' and the Roman Catholic response, concentrates on the 'offertory' in the context of The Empty Offeratory absent monks and 1 Chron 29, and perhaps is in too much of a hurry to get to the 'pay-off' of the relationship between our liturgy and our understanding of the world (p.18). However, I am unaware of serious Anglican attempts to use the word 'offertory' as a central term, and since Michael Ramsey dealt it that drift below about 'shallow and romantic Pelagianism' in 1985, I think it will need better than this to become credible — and I doubt if better is available. But let the debate continue. C.O.B.	<urn:uuid:25e00cc8-9f74-4076-80f2-b3f4e4d01b48>	CC-MAIN-2019-09	https://cdn.shopify.com/s/files/1/0584/3769/files/LITURGY1987-04.pdf	2019-02-20T08:37:48Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-09/segments/1550247494485.54/warc/CC-MAIN-20190220065052-20190220091052-00211.warc.gz	504,301,057	4,682	eng_Latn	eng_Latn	0.998999	eng_Latn	0.999058	[ "eng_Latn", "eng_Latn" ]	false	docling	[ 10936, 20710 ]
Screening the antifungal activity of essential oils against decay fungi from palmyrah leaf handicrafts Subajini Mahilrajan\textsuperscript{1}, Jeyarani Nandakumar\textsuperscript{2}, Robika Kailayalingam\textsuperscript{1}, Nilushiny Aloysius Manoharan\textsuperscript{1} and Sri Thayalan Sri Vijeindran\textsuperscript{1} Abstract* Background: The whitish tender leaves of Palmyrah are used for making handicrafts. The problem with these articles is discoloration with time and become more brittle due to fungal attack. This could be prevented by some protective coating. Instead of expensive and harmful chemicals we decided to test natural plant essential oils to control fungal attack. Palmyrah leaf article decay fungi were isolated from two different sites of Jaffna peninsula. In this investigation Antifungal Activity of different plant essential oils from neem (Azadirachta indica), castor (Ricinus communis), citronella (Cymbopogon sp) and camphor (Cinnamomum camphora) obtained from local market have been evaluated against isolated fungi. For screening of Antifungal activity, tests and controls were set to determine minimum inhibitory concentration (MIC) and Percentage of Growth Inhibition. Results: Morphologically three different types of Palmyrah leaf decay fungi were isolated and characterized as Aspergillus niger, Aspergillus flavus and Penicillium sp. Neem and castor oils have recorded no significant ($0.05 > P$) antifungal activity while citronella and camphor oils showed significantly different antifungal activity compared with control. Camphor oil and Citronella oil showed 100, 58.13% of average growth inhibition for A. niger. 96.38, 51.32% for A.flavus and 84.99, 72.76% for Penicillium sp respectively. Camphor oil showed highest percentage of growth inhibition at lowest minimum inhibitory concentration compared with citronella oil. Camphor oil was found to be highly antifungal and most effective against A niger, and A. flavus, compared with Penicillium sp and gave 100 percentage of growth inhibitions at 5, 1 and 15 ml/dl minimum inhibitory concentration respectively. Conclusion: Significantly higher broad-spectrum of antifungal activity was observed in camphor oil than other tested oils because it showed highest percentage of growth inhibition at lowest inhibitory concentration. Therefore it could be used for the development of new environmental friendly antifungal agent for the preservation of leafy handicrafts. Further formulation, field experiments are necessary to achieve this target. Keywords: Essential oil, Growth inhibition, Minimal inhibitory concentration and Palmyrah leaf Background Borassus flabellifer Linn (Palmyrah palm) these palm trees grow in a dry climate. The leaves of the palmyrah palm are thick, fibrous, initially strong and flexible, over time its flexibility decreases which is used to make handicrafts. They are also susceptible to insect attacks [1] and the lignified cells are particularly susceptible to degradation and discoloration. If not preserved properly they are subject to physical and fungal damage. Some of the most common deteriorating agents are climatic factors (e.g. variations in relative humidity and temperature) [1]. Agrawal [2] reported that conservation of palm leaf manuscripts using of citronella oil, camphor oil, or lemon grass oil on the surface of the leaf to keep it flexible. This prevents physical damage due to brittleness. Essential oils are complex mixers comprising many single compounds. Chemically they are derived from terpenes and their oxygenated compounds. Each of these constituents has been shown to possess antibacterial, antifungal, antiviral insecticidal and antioxidant properties [3,4]). The antimicrobial activity of different essential oils is known for many centuries. Large number of essential oils and their constituents were investigated for their antimicrobial properties against different bacteria and fungi strains [5,6]. Among the essential oils citronella oil has shown inhibitory effect on biodegrading and storage of contaminating fungi [7]. Fungi are significant destroyers not only of foodstuffs, grains but also in leaves during storage, unfit for human consumption by retarding their nutritive value and often by producing mycotoxins [8,9]. A sizeable portion of the world population living below poverty line in the developing and underdeveloped countries of Asia and Africa are suffering from health problems associated with consuming mycotoxin contaminated grains and cereals [10]. Even though effective and efficient control of air borne fungi can be achieved by the use of synthetic chemical fungicides; the same cannot be applied to leaf for reasons of pesticide toxicity [11-13] and durability of the leaf. Thus, there is a need to search for alternative approaches to store palmyrah leaf handicrafts without toxicity problems that are ecofriendly and cost effective. Results and discussion Isolation of palmyrah leaf article decay fungi The palmyrah leaf is used for roofing, handicrafts and feed for livestock. The first two tender unexpanded whitish leaves and the next 12 young green leaves are used for making various handicrafts. The whitish tender leaves are used for making soft fine handicrafts while the young green leaves are used for making stronger, but coarse textured utility items like mats, baskets, packaging material, inner lining of heavy duty fibre baskets etc. The fungi affected palmyrah tender leaf articles were selected and using inoculation needle different colour colonies were inoculated into the PDA plate then incubated at room temperature for 4 days. After incubation black (B), green (G) and bluish green (A) colour of the colonies were observed. These three different colour colonies were selected for further study. Selected colonies were purified by repeated streaking. The purified fungi were maintained in agar slants at 4°C throughout the study and used as stock cultures. Characterization of isolated fungal strains Selected fungi B, G & A were identified as Aspergillus niger, Aspergillus flavus and Penicillium sp respectively at species level in based on macroscopic and microscopic features (Table 1). Antifungal activity assay All species of fungi, using of any concentrations caused significant differences (p < 0.05) on inhibitory effect of essential oils. It could be seen that as essential oils concentrations increases the inhibitory effect increases (Figures 1, 2 and 3). In other words, the inhibitory effect of the essential oils was proportional to its concentration. This is in accordance with [14,15]. Whereas increase in concentrations the susceptibility of fungi increases as well (Figure 4). Until now, there were no reports on the effects of essential oils on Palmyrah leaf decay fungi. Based on our findings, camphor oil affected the growth inhibition of the studied fungi. In all studied fungi, the essential oils caused significant differences (p < 0.05) on growth inhibition rates. In other words, the effects of growth inhibitory of plant essential oils depend on species of fungi [15]. The results showed that two plant essential oil such as citronella and camphor oil caused 100% of growth inhibition on all species of fungi at 25 ml/dl concentration while neem and castor oil not caused 100% of GI at same concentration. Therefore lower concentrations (10, 15 and 20 ml/dl) of each essential oils were used to determine the MIC on these fungi (Table 2). Camphor oil was the most effective essential oil on the A. niger, A. flavus and Penicillium with growth inhibition average of 100, 96.38 and 84.99% respectively. Whereas the citronella oil showed minor effect on A. niger, A. flavus and Penicillium with growth inhibition average of 58.13, 51.32 and 72.76% respectively. GI of A. niger was showed higher significant difference (p < 0.05) for citronella oil at 25 ml/dl and all the concentrations of camphor oil when compared with other oils similarly A. flavus showed higher significant difference (p < 0.05) for citronella oil at 25 ml/dl and camphor oil at 5, 10 and 15 ml/dl when compared with other oils while Penicillium showed higher significant difference (p < 0.05) only for 25 ml/dl of citronella and 15 ml/dl of camphor oil. Penicillium sp that isolated from palmyrah leaf was the most sensitive and most resistant to the studied essential oils. Essential oils have two prominent features; low toxicity for people and environment due to their natural properties. and low risk for resistance development by pathogenic microorganisms [16]. For these reasons and considering the results, we recommend the use of camphor oils for development of new and safe antifungal agent for the preservation of leafy handicrafts. Conclusion The results showed that citronella and camphor oils were very effective on Aspergillus niger, Aspergillus flavus and Penicillium sp. (palmyrah leaf article decay fungi) with growth inhibition average of 100% at 25 ml/dl concentration. Nevertheless, MIC of the essential oils was variable depending to species of fungi. Penicillium sp. was the most sensitive and most resistant to the camphor oil with 100% growth inhibition at 15 ml/dl concentration. Since growth inhibition of studied essential oils were evident in this study, they have potential to control of these palmyrah leaf article decay fungi and could be considered for developing new antifungal agent. Further field study need to be done to find out whether the use of this essential oil will prevent these fungal growth on leaf handicrafts after using this essential oil at cottage level handicraft industries in Sri Lanka. Methods Essential oils The essential oils such as neem oil, castor oil, citronella oil and camphor oil, obtained from local market and exposed to UV radiation for 10 min then these oils were used for this study. These oils were selected based on literature survey and their use in preservation of leaf articles. Isolation of palmyrah leaf decay fungi collection of sample Palmyrah handicrafts are usually affected by fungus during rainy season. Affected tender leaf articles of Palmyrah were collected from two design centers of Palmyrah Development Board during rainy season and used for the isolation of Palmyrah leaf article decay fungus. Preparation of potato dextrose agar media PDA plates Potato Dextrose Agar medium was prepared according to the manufacturer’s direction. After sterilization, the medium was allowed to cool to 50°C and poured in to sterile petridishes (20 mL/Petridish) under aseptic condition. PDA slants The PDA was prepared according to the manufacturer’s direction and 7 mL of the medium was poured into boiling tubes. The tubes were plugged with cotton wool and sterilized at 121°C and 15 lb/in$^2$ for 15 min. The tubes were then cooled in an inclined position and used for storage of the fungus. Isolation of fungal strains Fungus affected leaf handicrafts were brought to laboratory and using inoculation needle different colour colonies were streaked on sterile PDA plates in Zig-Zag manner and incubated at room temperature for 3-4 days. Selected colonies were purified by repeated streaking and transferred to PDA slants and kept at 4°C. Table 2 Growth inhibition (%) and MIC of essential oils \| Essential oils (v/v) (ml/dl) \| Fungus \| \|-----------------------------\|-----------------\| \| \| Aspergillusniger \| Aspergillusflavus \| Penicilliumsp \| \| \| GI (%) \| MIC \| GI (%) \| MIC \| GI (%) \| MIC \| \| Neem \| \| \| \| \| \| \| \| 10 \| 0.00 \| 11.52 \| 2.74 \| \| 15 \| 2.41 \| 22.00 \| 2.99 \| \| 20 \| 1.77 \| 34.02 \| 3.24 \| \| 25 \| 5.58 \| 36.31 \| 2.74 \| \| Castor \| \| \| \| \| \| \| \| 10 \| 1.14 \| 38.22 \| 0.71 \| \| 15 \| 6.21 \| 42.41 \| 0.46 \| \| 20 \| 8.75 \| 46.99 \| 0.71 \| \| 25 \| 10.01 \| 45.08 \| 0.71 \| \| Citronella \| \| \| \| \| \| \| \| 10 \| 35.24 \| 58.68 \| 62.01 \| \| 15 \| 35.24 \| 52.62 \| 63.53 \| \| 20 \| 34.78 \| 63.09 \| 65.05 \| \| 25 \| 100.00 \| * \| NA \| 100.00 \| * \| \| Camphor \| \| \| \| \| \| \| \| 1 \| 85.51 \| 100.00\| * \| 72.14 \| \| 05 \| 100.00 \| * \| 100.00 \| 81.76 \| \| 10 \| 100.00 \| * \| 100.00 \| 07 \| \| 15 \| 100.00 \| 100.00\| 100.00 \| * \| GI: Growth inhibition (%), MIC: Minimum Inhibitory Concentra. Characterization of isolated fungal strains Selected fungal colonies were identified to species level based on macroscopic morphology and microscopic features. Antifungal activity assay PDA medium with 1, 15, 20 and 25 (ml/dl) concentrations of the essential oils such as neem, castor & citronella and 1, 5, 10 & 15 (ml/dl) of concentrations camphor oil were prepared. About 15 mL of the medium was poured into each petridish, Tween-20 (Sigma) was incorporated into the agar medium to enhance oil solubility and allowed to solidify. Nine mm disc of 5 days old culture of the test fungi from the margin of the plates were placed at the center of the petridishes and incubated at room temperature for 4 days. After incubation the colony diameter was measured in millimeter. For each treatment three replicates were maintained. PDA medium without the essential oil served as control. Growth zones were measured at 4th and 6th days of incubation. The fungi toxicity of the oils in terms of percentage of growth inhibition of mycelia was calculated by using the formula: \[ \text{Growth inhibition (\%)} = \frac{\text{dc} - \text{dt}}{\text{dc}} \times 100 \] Where dc = Average increase in mycelial growth in control, dt = Average increase in mycelial growth in treatment [17]. The antifungal agent nystatin added to the agar plates (final concentration of 1.0 mg/l) served as a positive control for Aspergillus niger, A. flavus and penicillium sp. Statistical analysis MIC and percentage of inhibition were analysed by SAS package and the mean separation was done by LSD at p = 0.05. Competing interests The authors declare that they have no competing interests. Authors’ contribution JN- supervised the research project SM, JN&RK carried out the antimicrobial activity study; participated in isolation of fungus from Palmryrah handicrafts. JN&SM- Drafted the manuscript. NAM- carried out statistical analysis. SSV- coordinated & management of research activities. All authors read and approved the final manuscript. Acknowledgements The authors thank Ministry of traditional industries and small enterprise development, Sri Lanka for financial support. Author details 1Palmryrah Research Institute, Kaithady, Jaffna, Sri Lanka. 2Department of Botany, University of Jaffna, Jaffna, Sri Lanka. Received: 18 March 2014 Accepted: 16 July 2014 Published: 15 August 2014 References 1. Udaya D, Kumar GV, Sreekumar U, Athvarikar A: Traditional Writing System in Southern India – Palm Leaf Manuscripts. Southern India: Palm leaf manuscripts; 2009. 2. Agrawal and Om Pakesh: Conservation of Manuscripts and Paintings of South-east Asia. London: Butterworths Ltd. Co. 1984:43–48. 3. Burt SA: Essential oils: their antibacterial properties and potential applications in foods: a review. Int J Food Microbiol 2004, 94:241–253. 4. Kushta M, Kotari R, Kaur S, Kaur S, Gill SS, Gill A: Determination of the chemical composition and antioxidant activity of the essential oil of artemisia dracunculus and of the antifungal and antibacterial activities of Turkish artemisia absinthium, a Dracunculus, artemisia santonicum, and artemisia spicigera essential oils. J Agric Food Chem 2005, 53:9452–9458. 5. Bakht F, Asgharzadeh S, Schreck D, Idamdar M: Biological effects of essential oils: A review. Food Control 2008, 46:46–67. 6. Kalentova D, Kunicka A: Antibacterial and antifungal properties of essential oils. Curr Med Chem 2003, 10:101. 7. De Billebaeck VG, Roques CG, Besiere JM, Fontville JL, Dargent R: Effects of cymbopogoninaridus(L) W. Watson essential oil on the growth and organogenesis of Sclerotinia sclerotiorum. Phytopathology 1997, 87:11–17. 8. Maras A, Hozic M, Vucetic V, Ramosi AJ, Magan N: Impact of Fusariummoniliforme and F. proliferatulum colonisation of maize on caloric losses and fumonisin production under different environmental conditions. J Stored Prod Res 1999, 35:15–26. 9. Jadhav RS, GR, Raveshet KA, Shetty HS: Modified atmosphere storage to prevent mould-induced nutritional loss in maize. J Sci Food Agr 1998, 76:773–778. 10. Majumder UK, Gupta M, Mukhopadhyay DK: Effect of mycotoxins isolated from Penicilliummigicans on glucose-6-phosphate dehydrogenase. Indian J Exp Biol 1987, 35:1233–1236. 11. Fernie A, Galloway T: Toxic metabolites caused by alimentary exposure to pesticides: a review. Food Addit Contamin 1991, 8:755–776. 12. Harris CA, Renfrew MJ, Woolridge MW: Assessing the risk of pesticide residues to consumers: recent and future developments. Food additives Contaminant 2003, 18:1124–1129. 13. Ilicic N, Mili Rozin B, Sokovic M, Simin N: Antimicrobial and antioxidant action of Thymus officinalis (lamiacaeae) essential oil. J Agric Food Chem 2004, 52:2485–2488. 14. Rasouli I, Rezaei MB, Allameh A: Growth inhibition and morphological alterations of aspergillusniger by essential oils from thymus eucalyptoides xiparock. Food Control 2006, 17:359–364. 15. Al-Sheikh NA, Al-Mutairi MI, And Shaik-Balish M: Antifungal activity of three medicinal plant essential oils against some phytopathogenic fungi. Takra J Sci 2012, 10:1–8. 16. Daferera DJ, Ziegas BN, Polissiou MG: GC-MS analysis of essential oils from some greek aromatic plants and their fungotoxicity on Penicilliumdigitatum. J Agric Food Chem 2000, 48:220–225. 17. Sivakumar M, Rathin NH: Inhibition of storage fungi of blackgram (Vignamungo) by some essential oils. Flavour Fragr J 1999, 14:1–4. doi:10.1186/0717-6287-47-35 Cite this article as: Mahirajan et al.: Screening the antifungal activity of essential oils against decay fungi from palmryrah leaf handicrafts. Biological Research 2014 47:35.	<urn:uuid:a493fd64-7754-4129-9013-0fc0a4a04548>	CC-MAIN-2020-16	https://biolres.biomedcentral.com/track/pdf/10.1186/0717-6287-47-35	2020-04-02T22:21:26+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2020-16/subset=warc/part-00039-5e0433ee-fa15-4837-b2dc-d6f38301af97.c000.gz.parquet	381,632,237	4,681	eng_Latn	eng_Latn	0.95523	eng_Latn	0.975912	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	docling	[ 3705, 8594, 10414, 13062, 18751 ]
The Streets of Dreams Showroom The Villages (Florida) The Villages community is a dream retirement location in Florida and home to the Street of Dreams, a 929m 2 design showroom filled with an almost infinite number of choices to build the house of your dream.s Once a purchase is made, the new owners meet with a design consultant who walks them through a wide range of vignettes that show different possibilities. The contractors used MAPECEM QUICKPATCH, PRIMER L and NOVOPLAN 1 PLUS* to prepare the concrete substrates in all the vignettes and common areas. Felt was applied over the substrates with ULTRABOND ECO 185. MAPEGUARD 2* was installed over MAPEI SM PRIMER* for crack isolation. MAPELASTIC AQUADEFENSE was used to waterproof corners. The large-format tiles on floors were bonded with ULTRAFLEX LFT* mortar. For counter backsplashes and wall tiles, the installers used MAPEI ULTRALITE MORTAR PRO. ULTRACOLOR PLUS was used for grouting joints. Wood-like porcelain tile floorings were installed with ULTRABOND ECO 995. TECHNICAL DATA Flooring installers: 2015-2016 Period of construction: Period of the Mapei Lakes Carpet & Tile; Fred Nickel Tile; Blackton, Inc. intervention: 2015-2016 Client: Holding Company of The Villages, Inc. Design: The Villages Design Department Great Blackton Inc. Mapei coordinators: Project manager: Joe Mapei distributors: Hanson – The Villages Wheeler Division of J.J. Haines, Marjam Supply Company, Trinity Tile, Jim Moffitt and Jon Shoemaker, Mapei Corp. (USA) Photos: Raul Ballester MAPEI PRODUCTS Mapecem Quickpatch, Primer L, Novoplan 2 Plus, Mapelastic AquaDefense, Reinforcing Fabric, MAPEI SM Primer, Mapeguard 2, Ultrabond Eco 995, MAPEI Ultralite Mortar Pro, Ultraflex LFT, Ultraflex LHT, Ultracolor Plus, Ultrabond ECO 185.AWWIWA EEUITHESTIDESIEERESITEIEOORDNSinnCWWIPAAKAPADT RMInternational81/202033	<urn:uuid:bb7638d2-e456-4ee0-8cf2-7d4d3754977f>	CC-MAIN-2023-50	https://cdnmedia.mapei.com/docs/projects-documents/realta--mapei-international-81-the-street-of-dreams-pdf.pdf?sfvrsn=88943155_0	2023-12-03T00:12:59+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2023-50/subset=warc/part-00061-e565b809-b335-4c1d-90fd-54a9a2b7113d.c000.gz.parquet	206,464,333	512	eng_Latn	eng_Latn	0.938096	eng_Latn	0.938096	[ "eng_Latn" ]	false	rolmOCR	[ 1894 ]
Hygienic reprocessing HEINE NT4 / NT300 General warning and safety information WARNING! This symbol indicates potential hazardous situations. Ignoring the corresponding instructions may lead to dangerous situations of mild to moderate extent. NOTE! This symbol indicates valuable advice. Notes are important, but not related to hazardous situations. \| \| Instructions on hygienic reprocessing must be adhered to, based on national standards, laws and guidelines. The described reprocessing measures do not replace the specific rules applicable for your institution/ department. \| \|---\|---\| \| \| In the event of suspected contamination, carry out hygienic reprocessing of the instrument. \| \| \| HEINE Optotechnik GmbH & Co. KG only approves the agents and procedures listed in this instruction. \| \| \| Hygienic reprocessing is to be carried out by persons with adequate hygienic expertise. \| \| \| Please consider the instructions of the manufacturer for the applied reprocessing media. \| \| \| Avoid liquid entry into the device. \| \| \| Before reprocessing, disconnect the device from the power source. \| \| \| Place only reprocessed handles into the charger. \| \| \| Before using it again, ensure that the device is completely dry after reprocessing. \| \| Limitations on reprocessing \| Periodically check the integrity of the device. \| Wipe disinfection 1. Preparation Switch off the device and let it cool down. 2. 3. Manual cleaning and disinfection Pay attention that all surfaces are completely moistened for the complete exposure time specified by the disinfectant manufacturer. If necessary, increase the number of wiping procedures and/or the number of wipes. Equipment - Cleaning agent, if necessary: enzymatic (e. g. neodisher MediClean) - Disinfectant: quarternary ammonium compounds (e. g. Cleanisept Wipes , Mikrobac Tissues or Sani-Cloth AF3) Implementation - For heavier soiling, you can first clean with a wipe soaked with cleaning agent before disinfecting with a disinfectant wipe. - Clean and disinfect the device manually. - Hold the charger with the slots facing down when cleaning and disinfecting. - Pay particular attention to difficult to access areas. - Thoroughly wipe the touched areas. - For removing the disinfectant and drying afterwards, follow the instructions provided by the disinfectant manufacturer. - Clean the cable and the power supply unit only if necessary and only with a dry cloth. Inspection and function testing - Check the device for any visible contaminants or abrasions. Reprocess again if necessary. Dispose if the contaminants cannot be removed. - Perform functional testing after reprocessing. - Do not use the device if there are visible signs of damage or abrasion. 4. Storage Store it in such a way that it is protected from recontamination, dust and moisture.	<urn:uuid:00c1fa55-91e3-4349-950b-f6231bc2291b>	CC-MAIN-2021-49	https://www.heine.com/fileadmin/accessfiles/it_IT/download/HEINE_NT4_NT300_Reprocess_MED176692_rev02_EN.pdf	2021-12-01T09:38:49+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-49/subset=warc/part-00289-eb7089cf-762b-4a3e-8cab-20b677c0d246.c000.gz.parquet	889,892,509	607	eng_Latn	eng_Latn	0.985102	eng_Latn	0.989715	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1335, 2833 ]
EQUITY POLICY Statement of Intention Stockport Bramhall Hockey Club (SBHC) is committed to the principles of equality of opportunity. SBHC aims to ensure that all people, irrespective of age, gender, ability, race, religion, ethnic origin, creed, colour, social status or sexual orientation have a genuine and equal opportunity to participate in hockey at all levels and in all roles. This includes all members and spectators. Stockport Bramhall Hockey Club shall: - Ensure that there will be open access to all its services - Eliminate prejudice against any group by removing barriers - Select and train all members of Stockport Bramhall Hockey Club solely on the basis of merit & ability and by adapting facilities and equipment where necessary and reasonably possible - Communicate to all members its commitment to equal opportunities - Fulfil its social responsibility to all members ensuring that appropriate support is given - Make every reasonable effort to prepare and produce materials that are appropriate for all persons in respect of language, format and approach - Modify any existing rules and regulations that may inhibit the inclusion of any groups, provided this does not result in the deterioration of equality required by the EH - Stockport Bramhall Hockey Club recognises its legal obligations and will take account of: - Equal Pay Act 1970 - Sex Discrimination Act 1975, 1986, 1999 - Rehabilitation of Offenders 1974 - Race Relations Act 1976 - Human Rights Act 2000 - Disability Discrimination Act 1995 or any subsequent amendments or re-enactments thereof. Definitions - Direct Discrimination Direct Discrimination is defined as treating a person less favourably than others would be treated in the same circumstances - Indirect Discrimination Indirect Discrimination occurs when a job requirement or condition is applied, which, whether intentional or not, has an adverse effect on one sex or racial group or marital status because fewer representatives of that group are able to comply with it, and that requirement or condition cannot be justified on grounds other than race, gender or marital status - Harassment Harassment can be described as inappropriate actions, behaviour, comments or physical contact that are objectionable or cause offence to the recipient. It may be directed towards people because of their age, sexuality, disability or some other characteristic. Conduct Stockport Bramhall Hockey Club regards discrimination and harassment as outlined above as gross misconduct and any member of Stockport Bramhall Hockey Club who so discriminates against any other person shall be liable to appropriate disciplinary action. Implementation - A copy of the policy shall be available to all members of Stockport Bramhall Hockey Club. All these persons shall respect, act in accordance with and thereby support and promote the spirit and intentions of this policy - A planned approach shall be adopted to remove discrimination against any group - Stockport Bramhall Hockey Club shall be committed to working only alongside those individuals or organisations who are prepared to demonstrate the principles and practice of equity as laid out in this document Positive action Stockport Bramhall Hockey Club may take positive action or introduce special measures for a group that is currently under-represented in its membership or representative bodies. Monitoring & evaluation - Stockport Bramhall Hockey Club shall regularly monitor and evaluate the policy, practices, procedures and operations on an ongoing basis and inform members of their impact. - The Club Chairperson shall have overall responsibility for the implementation of the equity policy. - The Club Committee shall be responsible for implementing this policy. Signed (Club Chairperson): __________________________ Date: ________________ Print Name: Angela Fuggle	<urn:uuid:a71e4cd1-f2cf-4ed4-b375-559be02ede76>	CC-MAIN-2018-51	https://stockporthockey.co.uk/wp-content/uploads/2018/02/SBHC-Equity-Policy-2015-16.pdf	2018-12-14T13:21:22Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-51/segments/1544376825728.30/warc/CC-MAIN-20181214114739-20181214140239-00269.warc.gz	763,741,845	742	eng_Latn	eng_Latn	0.985788	eng_Latn	0.990939	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1588, 3408, 3891 ]
Curriculum Vitae Margaret Schenkman, PT, PhD, FAPTA October 2019 Margaret Schenkman, PT, PhD, FAPTA Mailstop C244, 13121 East 17 th Avenue, Aurora, CO 80045 303-724-9375 Doctor of Physical Therapy Program, University of Colorado, Anschutz Medical Campus Education: Licensure Information: Colorado #PTL.0006995 Employment and Positions Held: Scholarly Agenda: A major focus of my work is on interventions to improve physical function of people with neurological and other conditions. In addition, I have focused on development of models and frameworks to guide such interventions. Peer Reviewed Publications: 1. Josey KP, Ringham BM, Barón AE, Schenkman M, Sauder KA, Muller KE, Dabelea D, Glueck DH. Power for Balanced Linear Mixed Models with Complex Missing Data Processes. Commun Stat Theory Methods. 2021, in press. 2. Berliner, J. M., Kluger, B. M., Corcos, D. M., Pelak, V. S., Gisbert, R., McRae, C., . . . Schenkman, M. (2020). Patient perceptions of visual, vestibular, and oculomotor deficits in people with Parkinson's disease. Physiother Theory Pract, 36(6), 701-708. doi:10.1080/09593985.2018.1492055 3. Kittelson, A. J., Hoogeboom, T. J., Schenkman, M., Stevens-Lapsley, J. E., & van Meeteren, N. L. U. (2020, Jan 23). Person-Centered Care and Physical Therapy: A "People-Like-Me" Approach. Phys Ther, 100(1), 99-106. https://doi.org/10.1093/ptj/pzz139 4. Mañago, M. M., Callesen, J., Dalgas, U., Kittelson, J., & Schenkman, M. (2020, Jul). Does disability level impact the relationship of muscle strength to walking performance in people with multiple sclerosis? a cross-sectional analysis. Mult Scler Relat Disord, 42, 102052. https://doi.org/10.1016/j.msard.2020.102052 5. Manago, M. M., Cameron, M., & Schenkman, M. (2020). Association of the Dynamic Gait Index to fall history and muscle function in people with multiple sclerosis. Disabil Rehabil, 42(25), 3707-3712. doi:10.1080/09638288.2019.1607912 6. McManus, B. M., Murphy, N. J., Richardson, Z., Khetani, M. A., Schenkman, M., & Morrato, E. H. (2020, Jan). Family-centred care in early intervention: Examining caregiver perceptions of family-centred care and early intervention service use intensity. Child Care Health Dev, 46(1), 18. https://doi.org/10.1111/cch.12724 7. McManus, B. M., Richardson, Z., Schenkman, M., Murphy, N. J., Everhart, R. M., Hambidge, S., & Morrato, E. (2020, Feb 22). Child characteristics and early intervention referral and receipt of services: a retrospective cohort study. BMC Pediatr, 20(1), 84. https://doi.org/10.1186/s12887020-1965-x 8. Mañago MM Callesen J, Dalgas U, Kittelson J, Schenkman M. (2020, Jul). Does disability level impact the relationship of muscle strength to walking performance in people with multiple sclerosis? a cross-sectional analysis. Mult Scler Relat Disord, 42, 102052. https://doi.org/10.1016/j.msard.2020.102052 9. McManus BM, Hambridge S, Schenkman M, Morrato E. Family Centered Care (FCC) in Early Intervention (EI): Examining Caregiver Perceptions of FCC and EI Service Use Intensity. 2019: Child: Care, Health, and Development. Accepted for publication. DOI: 10.1111/cch.12724 10. Prohaska C, Sottile PD, Nordon-Craft A, Gallagher M, Burnham EL, Clark BJ, Ho M, Tyree M, Kiser T, Vadivier RW, Liu W, Schenkman M, Moss M. Patterns of Utilization and Effects of Hospital-Specific Factors on Physical, Occupational and Speech Therapy for Critically Ill Patients with Acute Respiratory Failure in the United States: Results of a Five Year Sample Critical Care Crit Care. 2019 May 16;23(1):175. doi: 10.1186/s13054-019-2467-9. 11. McManus BM, Richardson Z, Schenkman M, Murphey M, Morrato EH. Timing and intensity of early intervention service use and outcomes among a safety-net population of children. JAMA Network Open. 2019;2(1):e187529. doi:10.1001/jamanetworkopen.2018.7529 12. Mañago MM, Glick S, Hebert JR, Coote S, Schenkman M. Strength Training to Improve Gait in People with Multiple Sclerosis: A Critical Review of Exercise Parameters and Intervention Approaches. International Journal of MS Care. 2019;21(2):47-56. doi:10.7224/1537-2073.2017079 13. Christiansen CL, Miller MJ, Murray AM, Stephenson RO, Stevens-Lapsley JE, Hiatt WR, Schenkman ML. Behavior-change intervention targeting functional capacity, walking activity, and disability after dysvascular amputation: A randomized controlled pilot trial. Archives Phys Med Rehabil. 2018;99:2160-2167. doi: 10.1016/j.apmr.2018.04.011. Epub 2018 May 7.PMID:29746823 14. Hall DA, Moore C, Comelle C, SPARX STUDY GROUP. Recruitment of patients with de novo Parkinson disease: Successful strategies in a randomized exercise clinical trial. Trials 2018;14:630. Trials. 2018; 19: 630. Published online 2018 Nov 14. doi: 10.1186/s13063-0182958-z 15. Mañago MM, Hebert JR, Kittelson J, Schenkman M. Feasibility of a targeted strengthening program to improve gait in people with multiple sclerosis: a brief report. Int J Rehabil Res. 2018:41(4);364-367. doi:10.1097/MRR.0000000000000306 16. Manago MM, Hebert JR, Kittelson J, Schenkman M. Contributions of ankle, knee, hip, and trunk muscle function to gait performance in people with multiple sclerosis: A cross-sectional analysis. PTJ. 2018;98:595-604 17. Hebert JR, Corboy JR, Vollmer T, Forster JE, Schenkman M. Efficacy of Balance and Eyemovement Exercises for Persons with Multiple Sclerosis (BEEMS). Neurology, 2018 Feb 27;90(9):e797-e807. doi: 10.1212/WNL.0000000000005013. Epub 2018 Jan 31.PMID: 29386274 18. Schenkman M, Moore CG, Kohrt WM, et al. Effect of High-intensity treadmill exercise on the motor symptoms in patients with de novo Parkinson' disease. A phase 2 randomized clinical trial. JAMA 75(2):219-226 Neurol. doi:10.1001/jamaneurol.2017.3517 19. Mañago M, Hebert J, Schenkman M. The psychometric properties of a clinical strength assessment protocol in people with multiple sclerosis. Int J MS Care 2017;19:253-262. 20. Myers K, Schenkman M. Utilizing a Curriculum Development Process to Design and Implement a New Integrated Clinical Education Experience. J PT Education 2017;31:71-82 21. Neumeier A, Nordon-Craft A, Malone D, Schenkman M, Clark B, Moss M. Prolonged acute care and post-acute care admission and recovery of physical function in survivors of acute respiratory failure: a secondary analysis of a randomized controlled trial. Crit Care. 2017;Jul 21;21(1).190. PMID: 28732512. 22. Christiansen C, Moore C, Schenkman M, et al. Factors associated with ambulation with ambulatory activity in de novo Parkinson's disease. J Neurol Phys Ther. 2017 Apr;41(2):93-100. 23. Akuthota V, Marshall BJ, Mintken PE, Schenkman M, Kumbhare DA. Second order peer reviews of clinically relevant articles for physiatrists. Physical therapy May not help acute lower back pain sufferers. Am J Phys Med Rehabil. 2017 Sep;96(9):682-685.doi: 1097/PHM.0000000000000676. [Epub ahead of print] 24. Mañago M, Schenkman M, Berliner J, Hebert J. Gaze Stabilization and Dynamic Visual Acuity in People with Multiple Sclerosis. J Vestibular Research 2016;26(5-6):469-477. 25. Kelmenson DA, Quan D, Nordon-Craft A, Malone D, Schenkman M, Moss M. Electrophysiological abnormalities can differentiate pre-hospital discharge functional status in critically ill patients with normal strength. Intensive Care Med, 2016 Sep;42(9):1504-5. 26. Moss M, Nordon-Craft A, Malone D, Van Pelt D, Kriekels W, Frankel SK, Warner ML, McNulty M, Faircloth D, Schenkman M. A Randomized Trial of an Intensive Physical Therapy Program for Acute Respiratory Failure Patients. Am J Respir Crit Care Med. 2016:193:1101-1110 27. Sotille P, Nordon-Craft A, Malone D, Luby D, Schenkman M, Moss M. Physical Therapist Treatment of Patients in the Neurological Intensive Care Unit: A Description of Practice, Phys Ther, 2015 Jul;95(7):1006-14. doi: 10.2522/ptj.20140112 28. Sottile PD, Nordon-Craft A, Malone D, Schenkman M, Moss M. Patient and family perceptions of physical therapy in the medical intensive care unit. J Crit Care. 2015 Oct;30(5):891-5. doi: 10.1016/j.jcrc.2015.04.119. Epub 2015 May 8. PubMed PMID: 26038155; PubMed Central PMCID: PMC4637256. 29. Malone D, Ridgeway K, Nordon-Craft A, Moss P, Schenkman M. Moss M. Physical therapist practice in the intensive care unit: Results of a national survey. Phys Ther 2015;95:1335-1344. Doi: 10.2522/ptj.20140417. 30. Olson AL, Swigris JJ, Gelkin A, Hannen L, Yagohashi K, Schenkman M, Grown KK. Physical functional capacity in idiopathic pulmonary fibrosis: Performance characteristic of the continuous-scale physical function performance test. Expert Review of Respiratory Medicine 2015;9:1-7 31. Rothlind JC, York MK, Carlson K, Luo P, Marks WJ Jr, Weaver FM, Stern M, Follett K, Reda D; CSP-468 Study Group. Neuropsychological changes following deep brain stimulation surgery for Parkinson's disease: Comparisons of treatment at pallidal and subthalamic targets versus best medical therapy. J Neurol Neurosurg Psychiatry. 2015 Jun;86(6):622-9. doi: 10.1136/jnnp-2014308119. Epub 2014 Sep 2. PubMed PMID: 25185211. 32. Ellis R, Cress ME, Wood R, Schenkman M. Exploring the relationship between physical activity and participation in older adults with Parkinson's disease. Topics in Geriatrics Rehabilitation, 2015;31:145-151 33. Gisbert R, Schenkman M. LEAP: Physical Intervention in Parkinson's Disease. Phys Ther 2015;95(3):299-305. 34. Denehy L, Nordon-Craft A, Edbrooke L, Berney S, Schenkman M, Moss M. Outcome measures report different aspects of patient function three months following critical care. Intensive Critical Care Medicine 2014; 40:1862-1869 35. Ellis T, Schenkman M. The Benefits of Exercise and Physical Activity in Patients with Parkinson Disease. Focus on Parkinson's Disease, Amsterdam 2014;24:21-25 36. Kluger BM, Brown RP, Aerts S, Schenkman M. Determinants of objectively measured physical functional performance in Parkinson's disease. PM&R 2014;6:992-998; 37. Nordon-Craft A, Schenkman M, Edbrook L, Malone D, Moss M, Denehy L. The physical function intensive care test: implementation in survivors of critical illness. Phys Ther 2014;40:1862-1869 DOI: 10.2522/ptj.20130451 38. Moore CG, Schenkman M, Kohrt WK, Delitto A, Hall DA Corcos D. Study in Parkinson Disease of Exercise (SPARX): Translating high-intensity exercise from animals to humans. Contemporary Clinical Trials. 2013; 36: 90-98. DOI information: 10.1016/j.cct.2013.06.002 39. Stevens-Lapsley JE, Balter JE, Wolfe P, Eckhoff DG, Schwartz RS, Schenkman M, Kohrt WM. Dose-Response Relationship of Quadriceps Neuromuscular Electrical Stimulation with Strength Recovery after Total Knee Arthroplasty. Phys Ther. 2012;92:1187-96. 40. Rothlind JC, York MK, Carlson K, Luo P, Marks WJ Jr, Weaver FM, Stern M, Follett K, Reda D; CSP-468 Study Group. Neuropsychological changes following deep brain stimulation surgery for Parkinson's disease: comparisons of treatment at pallidal and subthalamic targets versus best medical therapy. J Neurol Neurosurg Psychiatry. 2015 Jun;86(6):622-9. doi: 10.1136/jnnp-2014308119. Epub 2014 Sep 2. PubMed PMID: 25185211. 41. Nordon-Craft A, Moss M, Quan D, Schenkman M. Intensive care unit-Acquired Weakness, Implications for physical therapist management. Phys Ther. 2012;92:1494-1506 42. Schenkman M, Hall DA, Barón A, Schwartz RS, Mettler P, Kohrt WM Exercise for People in Early and Mid-Stages of Parkinson's Disease: A 16-month Randomized Controlled Trial. Physical Therapy, 2012;92:1395-1410 43. Stevens-Lapsley J, Kluger B, Schenkman M. Quadriceps muscle weakness, activation deficits, and fatigue with Parkinson's disease. Neurorehabil and Neural Repair. 2012;26:533-541. 44. Hebert J, Manago M, Corboy J, Schenkman M. The effects of vestibular rehabilitation on MSrelated fatigue: a randomized controlled trial. Phys Ther. 2011;91:1166–1183 45. Fisher BA, Schenkman M. Functional recovery of a patient with anorexia nervosa: physical therapist management in the acute care hospital setting. Phys Ther. 2012; 92: 595-604. 46. Stevens-Lapsley JE, Schenkman ML, Dayton MR. Comparison of self-reported Knee injury and Osteoarthritis Outcome Score (KOOS) to objective measures of performance in patients after total knee arthroplasty. Physical Medicine and Rehabilitation. 2011; 3:541-9. 47. Nordon-Craft A, Schenkman M, Ridgeway K, Benson A, Moss M. Physical Therapy Management and Patient Outcomes following ICU Acquired Weakness: A Case Series. JNPT 2011;35:133-140 48. Schenkman M, Ellis T, Christiansen C, et al. Profile of Functional Limitations and Task Performance among People with Early and Mid-Stage Parkinson Disease. Phys Ther 2011;91:1339-1354. 49. Ene H, McRae C, Schenkman M. Attitudes of people with Parkinson disease toward exercise following participation in an exercise intervention study. JNPT, 2011, 35;34-40 50. Schenkman M, McFann K, Barón, AE. "PROFILE PD": Profile Of Function and Impairment Level Experience with PD. Clinimetric Properties of a Rating Scale for Physical Therapist Practice. JNPT 2010;34:182-192 51. Follett KA, Weaver FM, Stern M, Hur K, Harris CL, Luo P, Marks WJ Jr, Rothlind J, Sagher O, Moy C, Pahwa R, Burchiel K, Hogarth P, Lai EC, Duda JE, Holloway K, Samii A, Horn S, Bronstein JM, Stoner G, Starr PA, Simpson R, Baltuch G, De Salles A, Huang GD, Reda DJ; CSP 468 Study Group. Pallidal versus subthalamic deep-brain stimulation for Parkinson's disease. N Engl J Med. 2010 Jun 3;362(22):2077-91. doi: 10.1056/NEJMoa0907083. PubMed PMID: 20519680. 52. Schenkman M. Reply: a randomized controlled trial of movement strategies compared with exercise for people with Parkinson's disease. Mov Disord. 2010 Mar 15;25(4):524. doi: 10.1002/mds.22881. PubMed PMID: 20077472. 53. Morris ME, Martin CL, Schenkman M. Striding out with Parkinson disease: evidence based physical therapy for gait disorders. Phys Ther 2010;90:280-288. 54. Christiansen CL, Schenkman ML, McFann K, Wolfe P, Kohrt WM. Walking economy in people with Parkinson's disease. Mov Disord. 2009;24:1481-1487. 55. Weaver FM, Follett K, Stern M, Hur K, Harris C, Marks WJ Jr, Rothlind J, Sagher O, Reda D, Moy CS, Pahwa R, Burchiel K, Hogarth P, Lai EC, Duda JE, Holloway K, Samii A, Horn S, Bronstein J, Stoner G, Heemskerk J, Huang GD; CSP 468 Study Group. Bilateral deep brain stimulation vs best medical therapy for patients with advanced Parkinson disease: a randomized controlled trial. JAMA. 2009 Jan 7;301(1):63-73. doi: 10.1001/jama.2008.929. PubMed PMID: 19126811; PubMed Central PMCID: PMC2814800. 56. Schenkman M, Jordan S, Akuthota V, et al. Functional movement training for recurrent low back pain: lessons from a pilot randomized controlled trial. PM&R. 2009;1:137-146. 57. Jankowski CM, Gozansky WS, Van Pelt RE, Schenkman ML, et al. Relative contributions of adiposity and muscularity to physical function in healthy older adults. Obesity. 2008;16(5):1039-1044. 58. Schenkman M, Hall D, Kumar R, Kohrt WM. Endurance exercise training to improve economy of movement of people with Parkinson disease: three case reports. Phys Ther. 2008;88:63-76. 59. Hearty T, Schenkman M, Kohrt W, Cress ME. Continuous Scale Physical Functional Performance Test: appropriateness for middle-aged adults with and without Parkinson's disease. J Neurol Phys Ther. 2007;31(2):64-70. 60. Schenkman M, Deutsch J, Gill-Body K. An integrated framework for decision making in neurological physical therapy practice. Phys Ther. 2006;86:1681-1702. 61. Cress ME, Petrella JK, Moore TL, Schenkman M. Continuous-Scale Physical Functional Performance Test: validity, reliability, and sensitivity of data for the short version. Phys Ther. 2005;85:323-335. 62. Cutson TM, Zhu C, Whetten K, Schenkman M. Observations of spouse-patient dyads with Parkinson's disease over five years. J Neurol Phys Ther. 2004;28:122-128. 63. Scott J, Schenkman M, Moore L. An exploration of communication and leadership in the nursing home: setting the stage for sustainable change. J Nurs Care Qual. 2004;19:242-252. 64. Schenkman M, Cutson TM, Zhu CW, Whetten-Goldstein K. A longitudinal evaluation of patient's perceptions of Parkinson's disease. Gerontologist. 2002;42:790-798. 65. Schenkman M, Cutson TM, Kuchibhatla M, Scott B, Cress ME. Application of the ContinuousScale Physical Functional Performance Test (CS-PFP) to people with Parkinson's disease. Neurol Report. 2002;26:130-138. 66. Martin M, Shinberg M, Kuchibhatla M, Ray L, Carollo JJ, Schenkman ML. Gait initiation in community-dwelling adults with Parkinson disease: comparison with older and younger adults without the disease. Phys Ther. 2002;82:566-577. 67. Hoenig H, Pieper C, Zolkewitz M, Schenkman M, Branch LG. Wheelchair users are not necessarily wheelchair bound. J Am Geriatr Soc. 2002;50:645-654. 68. Taylor D, Schenkman M, Zhou J, Sloan F. The relative effect of Alzheimer's disease and related dementias, disability, and comorbidities on cost of care for elderly persons. J Gerontol B Psychol Sci Soc Sci. 2001;56:S285-S293. 69. Schenkman M, Clark K, Xie T, et al. Spinal flexibility and performance of a standing reach task: participants with and without Parkinson's disease. Phys Ther. 2001;81:1400-1411. 70. Schenkman M, Zhu CW, Cutson TM, Whetten-Goldstein K. Longitudinal evaluation of economic and physical impact of Parkinson's disease. Parkinsonism Relat Disord. 2001;8:41-50. 71. Whetten-Goldstein K, Cutson T, Zhu W, Schenkman M. Financial burden of chronic neurological disorders to patients and their families: what providers need to know. Neurol Report. 2000;24:140-144. 72. Schenkman M, Morey M, Kuchibhatla M. Spinal flexibility and balance control among communitydwelling adults with and without Parkinson's disease. J Gerontol A Biol Sci Med Sci. 2000;55:M441-M445. 73. Shipp KM, Purse JL, Gold DT, Pieper CF, Sloane R, Schenkman M, Lyles KW. Timed loaded standing: a measure of combined trunk and arm endurance suitable for people with vertebral osteoporosis. Osteoporos Int. 2000;11:914-922. 74. Kuchibhatla M, Pieper C, Schenkman M. An application of generalizability theory to a study of physical performance. Aging Clin Exp Res . 2000;12:29-34. 75. Schenkman M, Bliss S, Day L, et al. A model for management of patients with neurological dysfunction: update and case analysis. Neurol Report. 1999;23:145-157. 76. Morey MC, Schenkman M, Studenski SA, et al. Spinal-flexibility-plus-aerobic versus aerobiconly training: effect of a randomized clinical trial on function in at-risk older adults. J Gerontol A Biol Sci Med Sci. 1999;54:M335-M342. 77. Cutson TM, Sloan R, Schenkman M. Development of a clinical rating scale for persons with Parkinson's disease. J Am Geriatr Soc. 1999;47(6):763-764. 78. Purser JL, Pieper CF, Duncan PW, Gold DT, McConnell ES, Schenkman ML, et al. Reliability of physical performance tests in four different randomized clinical trials. Arch Phys Med Rehabil. 1999;80:557-561. 79. Cavanaugh J, Shinberg M, Ray L, Kuchibhatla M, Schenkman M. Kinematic characterization of standing reach: comparison of younger vs older subjects. Clin Biomech. 1999;14:271-279. 80. Koplas K, Gans H, Wisely M, Kuchibhatla M, Cutson TC, Gold DT, Taylor CT, Schenkman M. Quality of life and Parkinson's disease. J Gerontol A Biol Sci Med Sci. 1999;54:M197-M202. 81. Schenkman M. Selegiline and physical intervention in treatment of early Parkinson's disease. PT Magazine. 1998;6:50-61. 82. Schenkman M, Cutson TM, Kuchibhatla M, et al. A randomized controlled exercise trial in patients with Parkinson's disease. J Am Geriatr Soc. 1998;46:1207-1216. 83. Cavanaugh J, Schenkman M. Physical therapy evaluation and treatment in stroke rehabilitation: a case report. Physical Therapy Case Reports. 1998;1:200-209. 84. Whetten-Goldstein K, Sloan F, Kulus E, Cutson TC, Schenkman M. The burden of Parkinson's disease on society, family and the individual. J Am Geriatr Soc. 1997;45:844-849. 85. Schenkman M, Laub KC, Shinberg M, Kuchibhatla M, Ray L. New measures for shoulder protraction and thoracic rotation. J Orthop Sports Phys Ther. 1997;25:329-335. 86. Schenkman M, Cutson T, Chandler J, Kuchibhatla M, Duncan PW, Pieper C. Reliability of physical measures in Parkinson's disease. Phys Ther. 1997;77:19-27. 87. Schenkman M, Hughes MA, Samsa G, Studenski SA. The relative importance of strength and balance in the performance of sitting to standing by functionally impaired older individuals. J Am Geriatr Soc. 1996;44:1441-1446. 88. Hughes MA, Myers BS, Schenkman ML. The role of strength in rising from a chair - in the frail elderly. J Biomech. 1996;12:1509-1513. . 89. Hughes MA, Schenkman M. Chair rise strategies in the functionally impaired. J Rehabil Res Dev 1996;33:409-412. 90. Schenkman M, Riley PO, Pieper C. Sit to stand from progressively lower chair heights - young and older subjects. Clin Biomech. 1996;11:153-158. 91. Schenkman M, Shipp K, Chandler J, Studenski S, Kuchibhatla M. Relationships between mobility of the axial structures and physical performance. Phys Ther. 1996;76:276-285. 92. Schenkman M, Hughes MA, Bowden MA, Studenski SA. A clinical tool for measuring functional axial rotation: a technical report. Phys Ther. 1995;75:151-156. 93. Hughes MA, Schenkman ML, Chandler JM, Studenski SA. Postural response to platform perturbation: kinematics and electromyography. Clin Biomech. 1995;10:318-322. 94. Cutson TM, Laub KC, Schenkman M. Treatment of Parkinson's disease: pharmacologic and nonpharmacologic interventions. Phys Ther. 1995;75:363-373. 95. Watson CJ, Schenkman M. Physical therapy management of isolated serratus anterior paralysis. Phys Ther. 1995;75:194-202. 96. Hughes MA, Wiener DK, Schenkman ML, Long RM, Studenski SA. Chair rise strategies in the elderly. Clin Biomech. 1994;9:187-192. 97. Schenkman M. Evaluation and measurement considerations for physical rehabilitation of patients who have neurologic deficits. Topics in Geriatric Rehabilitation. 1994;10(2):1-21. 98. Manos P, Schenkman M. Rehabilitation management of a geriatric individual with neurologic and pulmonary dysfunction: a case analysis. Topics in Geriatric Rehab. 1992;7(4):36-54. 99. Ikeda E, Schenkman M, Riley PO, Hodge WA. Influence of age on dynamics of rising from a chair. Phys Ther. 1991;71:473-481. 100. Riley PO, Schenkman M, Mann RW, Hodge WA. Mechanics of a constrained chair rise. J Biomech. 1991;24(1):77-85. 101. Schenkman M, Berger R, Riley PO, Mann RW, Hodge WA. Whole-body movements during rising to standing from sitting. Phys Ther. 1990;70:638-648. 102. Jeng SF, Schenkman M, Riley PO, Lin SJ. Reliability of a kinematic assessment of the sit-to-stand movement. Phys Ther. 1990;70:511-520. 103. Schenkman M, Butler RB. A model for multisystem evaluation, interpretation, and treatment of individuals with neurologic dysfunction. Phys Ther. 1989;69:538-547. 104. Schenkman M, Butler RB. A model for multisystem evaluation treatment of individuals with Parkinson's disease. Phys Ther. 1989;69:932-943. 105. Schenkman M, Donovan J, Tsubota J, Kluss M, Stebbins P, Butler RB. Management of individuals with Parkinson's disease: rationale and case studies. Phys Ther. 1989;69:944-955. 106. Schenkman M, Rugo de Cartaya V. Kinesiology of the shoulder complex. J Orthop Sports Phys Ther. 1987;8:438-450. 107. Merenstein A, Schenkman M. Pernicious anemia: a case study. Phys Ther. 1984;64:1076-1077. 108. Schenkman M, Butler R, Naeser M, Kleefield J. Cerebral hemisphere asymmetry and functional recovery from hemiplegia. Neurology. 1983;33:473-477. 109. Schenkman M, Ward DC, Moore PB. Covalent attachment of a messenger RNA to the escherichia coli ribosome. Biochim Biophys Acta. 1974;353:503-508. 1. Schenkman ML, Bowman JP, Gisbert RL, Butler RB. Clinical Neuroscience for Rehabilitation. Pearson, Boston, MA, 2013 2. Schenkman M. Current concepts in rehabilitation of people with Parkinson disease. In: McCulloch K, ed. Home Study Course, Alexandria, VA, American Physical Therapy Association, 2011 3. Schenkman M. Treatment of a patient with Parkinson's disease. In: Partridge C, ed. Neurological Physiotherapy: Basis of Evidence for Practice. London: Whurr Publishers; 2003:145-168. 4. Schenkman M. Chapter 6 - Parkinson's disease: update on anatomy, physiology, pharmacology, and treatment. In: Riolo L, ed. Topics in Physical Therapy: Neurology [an APTA home study course]. Alexandria, VA: American Physical Therapy Association; 2003:6.1-6.75. 5. Schenkman M, Gill-Body K. A Compendium of Materials for Teaching Professional Physical Therapy Content. Alexandria, VA: Neurology Section of the American Physical Therapy Association; 2000. 6. Schenkman M, Riegger-Krugh C. Physical approaches to improve gait of elderly individuals. In: Masdeu J, Sudarsky L, Wolfson L, eds. Gait Disorders of Aging. Philadelphia, PA: LippencottRaven; 1997:327-354. 7. Schenkman M. Kinematics of the shoulder complex. In: Wilk K, Andrews JR, eds. Rehabilitation of the Athletic Shoulder. New York, NY: Churchill Livingstone; 1994:15-33. 8. Schenkman M. Physical therapy management of the ambulatory Parkinson's patient. In: Turnbull G, ed. Parkinson's Disease. Churchill Livingstone; 1992:137-190. Videotapes 1. The Axial Mobility Exercise Program. Laub KC, Schenkman M. Duke University Claude D Pepper Older Americans Independence Center: Produced by Claiborne Clark;1995: 48 minutes. 2. The Axial Mobility Exercise Program. Instructor's tape. Laub KC, Schenkman M. Duke University Claude D Pepper Older Americans Independence Center: Produced by Claiborne Podcasts 1. Craik R (moderator), Gill-Body K, Schenkman M. 2. Ellis T (moderator), Earhart G, Fisher B, Horak F, Schenkman M. Exercise, balance, and Parkinson's disease. Journal Club Podcast, J Neurol Phys Ther, June 2009. Pasadena, CA: Science Audio. <http://www.scienceaudio.net/jnpt/200906/jnpt_200906_journal_club.mp3>. Peer Reviewed Scientific and Professional Presentations: 1. Gisbert R, Schenkman M. An integrated approach to Parkinson's disease. The mind-body connection. Colorado Chapter of the APTA, October 12, 2019 2. Rodriguez J, Schenkman M, Backstrom K. A Case Study and Pilot for developing and implementing the yearlong internship: Building a Sustainable Model of Clinical Education through an Academic and Clinical Partnership. Educational Leadership Conference, Baltimore, MD, October 2015 3. Schenkman M. Conceptual Basis and Science of Exercise for People with Parkinson's Disease. Invited presentation, Center for Neuroscience Discussion Group, University of Colorado, Department of Neurology. October 17, 2012 4. Schenkman M. Physical Intervention for People in Early and Mid-Stage Parkinson's Disease. Invited Webinar. National Parkinson's Disease Foundation, October 9, 2012 Non-Peer Reviewed Publications: 1. Rodriguez JW, Stelzner DA, Krapfl B, Jordan SL, Schenkman ML. Balance & Function Protocol Instructor's Manual. Exercise, Physical Function, and Parkinson's Disease Grant. Funded by National Institute of Child Health and Human Development. Physical Therapy Program, University of Colorado Health Sciences Center Denver, CO; 2006. 2. Stelzner D, Rodriguez J, Krapfl B, Jordan S, Schenkman M. Instructor's adherence protocol: stay active with Parkinson's disease program. Physical Therapy Program, University of Colorado at Denver and Health Sciences Center. Denver, CO; 2004. 3. Schenkman M, Scherer S, Riegger-Krugh C, Cutson TM. Measurement of impairments and functional limitations: conceptual considerations and practical applications. Crit Rev Phys Rehabil Med. 2002;14:83-161. 4. Schenkman M, Keysor J, Chandler J, Laub KC, MacAller H. Axial mobility exercise program: an exercise program to improve functional ability - therapist's manual. Claude D. Pepper Older American's Independence Center at Duke University. Center on Aging, Duke University Medical Center. Durham, NC;1994. 5. Chandler J, Laub KC, Keysor J, MacAller H, Schenkman M. Axial mobility exercise program: an exercise program to improve functional ability - participant's manual. Claude D. Pepper Older American's Independence Center at Duke University. Center on Aging, Duke University Medical Center. Durham, NC;1994. 6. Schenkman M (guest editor). Topics in Geriatric Rehabilitation. 1994;10:(2). 7. Schenkman M. To unlock the logic of evaluation. PT Magazine. 1993;1:57-63. 8. Schenkman M. Physical measures and techniques to enhance motor recovery: correlation with pathophysiology. Neurologic Rehabilitation: Proceedings from the Am Acad Neurol. April 1991;4357. 9. Schenkman M. The relationship of neurological and mechanical factors in balance control. In: Duncan PW, ed. Balance: Proceedings of the APTA Forum. Alexandria, VA: APTA;1990:29-41. 10. Schenkman M (guest editor). Neurol Report. 1989;13(3). 11. Schenkman M. An overview of impairments of Parkinson's disease with emphasis on the musculoskeletal system. Neurol Report. 1988;12:45-47. 12. Schenkman M (guest editor). Neurol Report. 1988;12(3). Non-Peer Reviewed Scientific and Professional Presentations: 1. Schenkman M. Aerobic exercise – Does intensity matter? And is it enough? Part of an on-line course developed by the Parkinson's Foundation, 2019 2. Schenkman M. Anne Shumway-Cook Lecture at APTA CSM: Parkinson's disease and other neurological disorders, a Journey through time. Presented January, 2019 3. Schenkman M. Treatment for people with Parkinson's disease, Parts I and II. Yamagata Prefectural University, Yamagata, Japan, May 25, 2017 4. Schenkman M. How to create high quality research in academic physical therapy. Invited keynote presentation, Annual Meeting of the Japan Physical therapy Association, Tokyo, Japan May 20, 2017. 5. Schenkman M. Exercise is important for those who live with Parkinson's disease. 6 th Annual Parkinson's Symposium Life Care Center of Longmont. April 26, 2017 6. Schenkman M. Exercise is important for those who live with Parkinson's disease. CU Movement Disorders, Third annual Parkinson's disease symposium, October 1, 2016 7. Schenkman M. Why exercise and activity are important for living with Parkinson's disease. Parkinson's Association of the Rockies, September 26, 2015 8. Schenkman M. Exercise for people with PD. Community meeting, Boulder, CO June 6, 2015 9. Schenkman M. The effects of exercise on PD: Evidence and unanswered questions. Boulder PD Support Group; Boulder, CO, May 19, 2015 10. Schenkman M. Exercise and physical activity for people with PD. Movement Disorders Retreat, University of Colorado, May 5, 2015 11. Schenkman M. Exercise for people with Parkinson's disease. Movement Disorders Conference, University of Colorado. Denver, CO. April 15, 2015 12. Schenkman M. Exercise for people with Parkinson's disease. Parkinson's Association of the Rockies Conference. Denver, CO. April 10, 2015 13. Schenkman M. The effects of exercise on PD: Evidence and unanswered questions. Parkinson's Disease Foundation. Webinar, January 13, 2015 14. Schenkman M. Problems of balance and gait for people with Parkinson's disease. Taipei Veterans General Hospital, Taipei, Taiwan, October, 2010 15. Schenkman M. Physical rehabilitation for people with Parkinson's disease. University of Melbourne, Melbourne, Australia; February 19, 2009. 16. Schenkman M. A randomized controlled intervention study for people with Parkinson's disease. Current status and lessons learned. University of Melbourne, Melbourne, Australia; February 21, 2009. 17. Schenkman M. Clinical reasoning in neurological and gerontological rehabilitation. University of Melbourne, Melbourne, Australia; February 25, 2009. 18. Schenkman M. Physical intervention for people with Parkinson's disease. Washington Chapter, APTA. Seattle, WA; October 24, 2008. 19. An integrated framework for decision making in neurorehabilitation: examples from Parkinson's disease. AIFI Interventional Congress. Giardini Naxos, Sicily, Italy; October 9-10, 2008. 20. Stay active with Parkinson's disease. Davis Phinney Foundation Victory Summit. Denver, CO; October 4, 2008. 21. Physical intervention for people who have Parkinson's disease. AHEC Conference. Denver, CO; March, 2008. 22. Schenkman M. Physical intervention for people with Parkinson's disease. Sta-Hone Health Agency. Jackson, MS; April 13-14, 2007. 23. Schenkman M. Benefits of exercise for people in early and mid-stages of Parkinson's disease. Center for Human Nutrition, Grand Rounds. November 2006. 24. Schenkman M. Aerobic exercise for people in early and mid-stages of PD; Gersten Day, UCDHSC. Denver, CO; June 16, 2006. 25. Schenkman M. Clinical decision making. Yamagata University. Yamagata, Japan; April 2006. 26. Schenkman M. Management of individuals with Parkinson's disease. Yamagata University. Yamagata, Japan; April 2006. 27. Schenkman M. Clinical decision making for individuals with Parkinson's disease. University of Dentistry and Medicine New Jersey. Newark, NJ; February 2005: two day course. 28. Schenkman M. Parkinson's disease: past, present, and future. Pittsburg University. Pittsburgh, PA; June 2004. 29. Efficacy of using outcome measures to predict function in patients with Parkinson's disease [keynote address]. HealthSouth Braintree Rehabilitation Hospital's Parkinson's Disease Conference, Lantana Conference Center. Randolph, MA; June 2, 2003. 30. Schenkman M. Breakout session on measurement for individuals with PD. HealthSouth Braintree Rehabilitation Hospital's Parkinson's Disease Conference, Lantana Conference Center. Randolph, MA; June 2, 2003. 31. Schenkman M. Physical intervention for individuals with Parkinson's disease. Wisconsin Parkinson's Disease Association. Milwaukee, WI; May 2002. 32. Schenkman M. Foster R. Writing for publication. Thirteenth Annual Rocky Mountain Regional Multidisciplinary Research Symposium. University of Colorado Hospital Clinical Research Council. Denver, CO; March 2001. 33. Schenkman M. Physical activity interventions for individuals in early and mid-stage PD. Parkinson's Center, Presbyterian Hospital. Dallas, TX; March 2001. 34. Schenkman M. Measuring physical performance in clinical practice [day course]. University of Puerto Rico. April 1997. 35. Schenkman M. Management of the ambulatory patient with Parkinson's disease [day course]. Franklin Medical Center. Greenfield, MA; November 1993. 36. Schenkman M. Balance control in transitional movements. Annual meeting of the American Physical Therapy Association. Cincinnati, Ohio; June 1993. 37. Schenkman M. Physical management of people with Parkinson's disease. Toronto Hospital. Toronto Canada; September 25-26, 1992. 38. Schenkman M. Balance and momentum control in sit to stand: young and older subjects. Texas Women's University. July 28, 1992. 39. Schenkman M. A motor control and kinesiologic approach to management of neurologic patients. Oklahoma City, OK; March 14-15, 1992. 40. Schenkman M. Physical therapy for Parkinson's patients. Wisconsin United, Parkinson's Foundation course on Parkinson's disease, St. Mary's Hospital. Milwaukee, WI; March 21, 1992. 41. Schenkman M. Update an NDT: what is current, what is out of date? Schwab Rehabilitation Hospital Course on Management of Stroke. Chicago, IL; Feb 27, 1992. 42. Schenkman M (presenter), Riley PO, Pieper C. The effect of age on the dynamics of a constrained chair rise. NACOB II: The second North American Congress on Biomechanics. Chicago, IL; August 24-28, 1992. 43. Schenkman M (presenter), Butler RB. Preparatory and automatic postural tone. Combined Sections Meeting, APTA. February 9, 1992. 44. Schenkman M. Differential assessment of impairments related to tone. Beth Israel Hospital. Brookline, MA; May 30, 1990. 45. Schenkman M. A combined motor control and kinesiologic approach to neurologic dysfunction. Department of Physical Therapy, University of Toronto. Toronto, Canada; March 22-23, 1990. 46. Schenkman M. Impairments of sensation and tone in hemiplegia. Neurodevelopmental Treatment Approach Certification Course. Alexandria, VA; February 9, 1990. 47. Schenkman M. Motor control issues in hemiplegia. Neurodevelopmental Treatment Approach Certification Course. Ft. Myers, FL; January 19-22, 1990. Funded/In Review Grant Activity: Ongoing Support Schenkman M (PI). Davis Phinney Foundation 07/01/16-06/30/18 A novel approach to fatigue in Parkinson's disease. This cross sectional investigation examines the contributions of visual, vestibular and oculomotor deficits to fatigue in those living with Parkinson's disease. ($42,000) Completed Support Schenkman M (PI). ProjectSparx ($10,000). 03/01/15-03/01/17 Fatigue in Parkinson's Disease: The Contribution of Visual, Vestibular, and Oculomotor Deficits. Hebert JR, Schenkman M (Co-PI) National MS Society 10/01/12- 09/30/15 This randomized clinical trial is designed to examine the impact of vision and balance training on fatigue and postural control of individuals with multiple sclerosis. ($536,295.00 direct over three years) Schenkman M, Corcos D (Co-PIs) R01 NS074343-01A1 12/1/2011 – 11/30/2015 Exploratory study of different doses of endurance exercise in people with Parkinson's disease. ($2.930 million). This phase II randomized clinical trial is designed to determine parameters of exercise intensity that attenuate progression of symptoms of PD. Upon the completion of this study we will have defined the needed parameters for a phase III clinical trial. Stevens-Lapsley J (PI) NIH R01-HD065900 07/1/2011-6/30/16 Progressive Rehabilitation for Total Knee Arthroplasty. The major goal of this project is to evaluate the effectiveness of a more intensive rehabilitation program compared to traditional rehabilitation after total knee arthroplasty. Role: Co-I Schenkman M (PI): NIH3 - R01 HD043770-05S2 (2010-2011) no cost extension. Moss M (PI), Quon D, Nordon-Craft, A, Schenkman M. The diagnosis and treatment of critical care polyneuromyopathy. NIH.NRO1-1051-01A1, 2009-2014. (2.279 million direct over five years). Determine whether critical care illness can be identified early and determine the impact of an impact of intensive physical intervention for people with acute respiratory failure who have developed polyneuromyopathy. (Role: Co-I) Schenkman M (PI), Hebert J, Corboy J. The effects of vestibular rehabilitation on MS-related fatigue: randomized control trial. National Multiple Sclerosis Society, February 2008-December 31, 2009. ($43,774). RCT that examines the benefits of vestibular exercise for people with PD. Schenkman M (PI): Exercise from the perspective of the person who lives with Parkinson's disease. Davis Phinney Foundation ($59,186) this qualitative study explored the experience and perspectives of graduates from a 16-month exercise intervention study a year or more after graduation. (July 2016-June 2018) Schenkman M (PI), Baron A, Kohrt W, Kumar R, Schwartz R. Exercise, physical function, and Parkinson's disease. NIH.HD43770, 2003-2008; no cost extension through 2011. ($1.125 million direct over five years). RCT comparing three exercise approaches for people with PD. Schenkman M (PI). Comparison of three exercise interventions for people with recurrent low back pain. Physical Therapy Foundation, 2001. ($40,000). Taylor D (PI), Schenkman M (Co-I), Sloan F. Economic burden of Alzheimer's disease. AARP Andrus Foundation, 1999. ($75,000). Schenkman M (PI), Whetten-Goldstein K. Holistic burden of Parkinson's disease. Duke University Medical Center Small Grant, 1997-1998. ($7,500). Cutson T (PI), Schenkman M (co-investigator). Reliability and validity of a rating scale by persons with Parkinson's disease. Claude D Pepper OAIC Research and Development Funds, 1993-1994. ($8,000). Cohen HJ (Director), Schenkman M (Co-Director). Center grant from Claude D Pepper Older American Independence Center. National Institute of Aging, 1992-1997. ($6.2 million). Schenkman M (PI), Duncan PW, Chandler JC. Axial mobility and Parkinson's disease (Part of the Claude D Pepper Older Americans Independence Center). National Institute of Aging, 1992-1997. ($191,075). Lyles K (PI), Schenkman M (Co-PI). Research Development Core (Part of the Claude D Pepper Older Americans Independence Center). National Institute of Aging, 1992-1997. ($875,998). Schenkman M (PI). Relationship between axial mobility and functional performance. Duke University Medical Center Small Grant, 1992-1993. ($7,241). Studenski S (PI), Duncan PW, Chandler J, Schenkman M. Do changes in strength improve balance in elderly men? Veterans Administration R & D, 1991-1994. ($345,000). Schenkman M (PI). Balance and functional performance of individuals with Parkinson's disease. The Foundation for Physical Therapy, 1990. ($23,780). Membership in Scientific/Professional Organizations: American Physical Therapy Association, (APTA) 1980-present Education Section, 2008-present Research Section, 2001-present Neurology Section, 1982-present Member, Awards Committee of the Neurology Section, 2008-2011 Secretary of Neurology Section, APTA, 1998-2003, 2004-2005 Specialty Academy of Certification Experts (SACE) of the APTA, 1996-1999 Gerontological Society of America, 1992-1999 Membership Committee, Section on Clinical Medicine, 1994-1997 Consultative and Advisory Positions Held: NIH Musculoskeletal and Rehabilitation Science Study Section, Permanent Member: 2014-2018 Steering Committee for the Comprehensive Opportunities for Rehabilitation Research Training (CORRT) Program 2012-present NIH Review Panels: Ad-hoc member: NIH - Musculoskeletal and Rehabilitation Sciences Study Section,2009 – 2014; NIH Special Emphasis Panel, 2011 Data Safety Monitoring Board: CSP 468: A Comparison of Best Medical Therapy and Deep Brain Stimulation of Subthalamic Nucleus and Globus Pallidus for the Treatment of Parkinson's Disease. Hines VA Hospital, Hines, IL 60141, Follow-Up Study 2010-2014 Editorial Board Member, Physical Medicine and Rehabilitation, 2007-present NIH Scientific Review Panel for Program Projects, National Center for Complementary and Alternative Medicine (NCCAM), June 2004 Expert Panel Member, Minimum Data Set 3 (MDS-3) Validation, Rand Corporation, Santa Monica, CA, 2003-2005 Data Safety Monitoring Board: CSP 468: A Comparison of Best Medical Therapy and Deep Brain Stimulation of Subthalamic Nucleus and Globus Pallidus for the Treatment of Parkinson's Disease. Hines VA Hospital, Hines, IL 60141, 2001-2009 Editorial Board Member, Physical Medicine and Rehabilitation, 2008-2016 Editorial Board Member, Journal of Neurologic Physical Therapy: JNPT, 2001-2008 Editorial Board Member, Journal of the American Geriatrics Society, 1999-2007 Manuscript Reviewer (ongoing), Archives of Physical Medicine and Rehabilitation, J Neurological Phys Therapy, Movement Disorders, PM&R, Physical Therapy, Physiotherapy Canada, Posture and Gait Ad Hoc Reviewer, National Institute of Disability and Rehabilitation Research, 1993 Site visitor, National Institute of Aging, National Institutes of Health , 1992 Services to the University/College/School on Committees/Councils/Commissions: School of Medicine: Member: Academic and Student Affairs Leadership Committee, 2008-present Member: Office of Community-based Medical Education Advisory Panel, 2010 Internal Member: External Review Team (ERT) for the Academic Program Review of the Center for Women's Health Research at the University of Colorado Denver (UC Denver), 2010 Member: Committee for Self-Study, Medical School Re-accreditation, 2007-2009 Other Schools / Departments in the University Member: Academic Leadership and Student Affairs Committee 2008-present Member: AMC Assessment Committee, 2008 – 2012 Member: Search Committee for the Program Director, Child Health / Physician Assistants Program, 2007-2008 Member: Search Committee for Chair of the Department, Cell and Developmental Biology, 2007- 2008 Department of Physical Medicine and Rehabilitation Executive Committee, 2018-present Research Oversight Committee, 2016-present ICR Funds committee, 2003-present Chairperson: Steering Committee: Interdisciplinary Movement Science Laboratory 2008-2013 Chairperson: Department Advisory Committee, Dec 2003-2010 Search Committee, Administrator for PM&R, 2008 Steering Committee, Center for Gait and Movement Analysis, 1999-2007 Chairperson: Steering Committee for the HPL, 2001-2002 Physical Therapy Program Chairperson: Search Committee, Orthopedic Physical Therapy Faculty, Dec 2003-2005 Member: Search Committee, Medicine Physical Therapy Faculty, Dec 2003-2005 Member: Search Committee, Director of Physical Therapy, Dec 2003-Mar 2004 Chairperson: Research Committee, Physical Therapy Program, 1999-2005 Member: Curriculum Committee, Physical Therapy Program, 1999-2005 Honors and Awards: Catherine Worthingham Fellow of the American Physical Therapy Association, March 2008 Jack Walker Award for the Best Article on Clinical Practice published in Physical Therapy , 2007 Bob Doctor Service Award, Colorado Chapter of the American Physical Therapy Association, April 2006 Research Award, Neurology Section, APTA, 2004 Marian Williams Award for Research in Physical Therapy, APTA, 2003 Golden Pen Award, APTA, 2003 MIT/MGH Career Development Award in Biomechanical Engineering, National Institute of Disability and Rehabilitation Research, 1989-1990 Mentoring Activities: Current Position PhD in Rehabilitation Science Matt Miller, Secondary mentor (2016-present) Jean Marie Berliner, Primary Mentor (2012-present) Andrew Kittelson, PhD (2011-2016) Bahar Shahidi (2011-2015) Clinical Sciences PhD Mark Manago, Primary Mentor Dana Judd (2009-2015) Michael Bade, (2008-2012) Jeffrey Hebert (2008-2014) Rocky Mountain University (DsC) Amy Nordon-Craft (2001-2009) Linda Csiza (2002-2007) K-Awards Beth McManus, PhD (2015-present) Cory Christiansen, PhD (2013-2016) Amy Huebschmann, MD (2009-2011) Current Teaching Responsibilities in the Entry-Level Program for Academic Year of Site Visit: Fall Semester RHSC 7000, Foundations of Rehabilitation Science Postdoctoral Fellow, U Colorado Postdoctoral Fellow, U Colorado Postdoctoral Fellow, U Colorado Postdoc, U California, San Diego Senior Instructor, U Colorado Assistant Professor, U Colorado Assistant Professor, U Colorado Assistant Professor, U Colorado Assistant Professor, U Colorado Private Practice, Houston, TX	<urn:uuid:6d88811b-87d1-4c8a-ad8b-4c08b6272ebe>	CC-MAIN-2023-23	https://medschool.cuanschutz.edu/docs/librariesprovider91/faculty-cvs/cv-schenkman-margaret-october-2019.pdf?sfvrsn=1ab0f7ba_0	2023-06-06T23:15:01+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2023-23/subset=warc/part-00284-ffa3bf93-6ba1-4a27-adea-b0baae3b4389.c000.gz.parquet	423,551,147	12,727	eng_Latn	eng_Latn	0.637314	eng_Latn	0.791826	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "dag_Latn", "dag_Latn" ]	false	rolmOCR	[ 347, 1568, 4666, 7583, 10405, 13367, 16126, 18648, 21292, 23593, 26166, 28827, 31178, 33594, 35939, 38722, 41147, 43445, 45063, 46346 ]
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International Journal of Economy, Energy and Environment 2018; 3(2): 6-20 http://www.sciencepublishinggroup.com/j/ijeee doi: 10.11648/j.ijeee.20180302.11 ISSN: 2575-5013 (Print); ISSN: 2575-5021 (Online) Information Sources, Awareness, and Perception Levels About Climate Change Impacts: A Case Study on Florida Stakeholders Vassiki Sanogo 1, † , Julie Harrington 2, † , Zafar Siddiqui 2 1 Department of Pharmaceutical Outcomes and Policy, University of Florida, Gainesville, United States of America 2 Center for Economic Forecasting and Analysis, Florida State University, Tallahassee, United States of America Email address: † Vassiki Sanogo and Julie Harrington are co-first authors. To cite this article: Vassiki Sanogo, Julie Harrington, Zafar Siddiqui. Information Sources, Awareness, and Perception Levels About Climate Change Impacts: A Case Study on Florida Stakeholders. International Journal of Economy, Energy and Environment. Vol. 3, No. 2, 2018, pp. 6-20. doi: 10.11648/j.ijeee.20180302.11 Received: May 10, 2018; Accepted: May 31, 2018; Published: August 1, 2018 Abstract: There is a growing body of literature in sustainability that analyzes stakeholder perceptions of climate change and associated impacts. However, significant research has not been documented from the spectrum of Social Network Analysis (SNA) and Survey Analysis using a chi-square test for homogeneity, that examine local and regional (State-level) stakeholders' climate-impact perceptions. In this paper, authors explore the types of climate-related information sources that local, regional, and non-profit stakeholders use. The authors also develop and examine the map of the flow of climate-related impact perceptions. Additionally, the researchers determine whether there are observable patterns in the stakeholders' approaches for securing climate-related information. The Social Network Analysis results present the relationship and the map of climateimpact perceptions among critical stakeholders in Florida that are involved in climate issues. Comparing and examining the SNA results with that chi-square constitute the final finding of the network pattern. Keywords: Climate Change Impacts, Perceptions, Survey, Chi-square Test, Social Network Analysis, Florida 1. Introduction Climate change has become the concern of current times a concept that carries profound social, political and environmental connotations. These overtones are further stressed by the emerging and substantial scientific consensus that anthropogenic climate change may cause irreversible damages to the fragile ecosystem [1-7]. Extensive research is being done to determine the extent of climate change and the proportion of variation caused by anthropogenic forces, potential impacts on drought, sea level, local weather and hurricanes [8]. General Circulation Models (GCMs) provide us with a reliable estimate of mean annual global temperature. However, the precipitation and temperature information at the regional and local level are often reported to be unreliable [8]. impacts of climate change led to increasing research in various aspects of climate change. Additionally, the issues of climate change, its impact, assessment, and management of its impact have taken salient positions in the public policy agendas of local, regional (state) as well as national governments. The understanding of climate change and its impact may affect individuals' decisions, lifestyles, voting trends and their inclination to back the policy action regarding climate change [9]. Growing public awareness and interest in the causes and Policy action depends in part on how climate change and its impact are perceived and assessed by the public in general, and by the stakeholders, in particular. A sufficient buildup of extreme events may impact the frame of reference of stakeholders. Although local and regional impacts are of considerable interest to regional stakeholders, their ability to react by the adoption of policy and practice depends mainly on their frame of reference concerning their understanding of decision-making systems and policy [10]. In the U.S context, states and local governments have been much more active in pursuing climate-related policies 1 , whereas federal governments' actions have remained comparatively ad hoc due to partisan divide on the issue of climate change. The state of Florida – being a peninsula surrounded on both sides by warm oceans is particularly at risk to adverse climatic hazards of various types that may result from global warming in the near and distant future. The stakeholders perceived this threat in different ways depending on whether they resort to similar or different sources of information, and their awareness levels about the phenomenon of climate change. The dynamics of social networks among the stakeholders would further mitigate the gap in the perceptions [11]. The authors examined the stakeholders' perceptions of the impact of climate change under the hypotheses that local, regional, and non-profit stakeholders that are sharing similar information sources and similar levels of awareness of climate change would have parallel perceptions of the impact of climate change, according to the dynamics of social networks. Throughout this research, the authors sought to answer the following questions: do Florida stakeholders resort to similar sources of data and information? Do Florida stakeholders have similar awareness levels about the phenomenon of climate change? And what are the dynamics of the Florida stakeholders' social networks? Accordingly, authors employed a two-stage approach to this research; the first stage consisted of a survey administered to the stakeholders, while the second stage involved the use of Social Network Analysis (SNA) through the UCINET [12]. The findings of the first stage are further used to inform the SNA. The authors examined the stakeholders' climate-impact perceptions and hypothesized that local, regional, and non-profit stakeholders that share similar climate-impact perceptions use the same information sources. 2. Materials and Methods A two-stage approach was used to address the research questions: a survey and a Social Network Analysis: Survey Analysis. Usually, survey respondents are asked about their practices, beliefs, or situations (see supplement documents) from a random sample of subjects in field settings. However, for this research, in a closed network, stakeholders have been selected by convenience sample. Thereby, these selections operated among the Florida key stakeholders, climate-related organizations. However, each stakeholder had the same chance of being chosen, but stakeholders of different agencies would have had different probabilities of being selected, meaning that one may have more stakeholders from one institution and fewer from another. Data collected from this survey were converted into matrices, then used as input for analyzing the dynamics of Florida key stakeholders' perception of climate change risks. The survey data were analyzed using a statistical tool of a chi-squared test for homogeneity 2 , in the context of categorical data (see the supplement document on data management). Social Network Analysis. The SNA built upon studies [1314], is a well-known tool for its descriptive and analytic benefits. Using SNA based on the relational or social input data, collected in various formats [15], allowed us to identify the pattern of Florida key stakeholders, who perceive climate change as a risk. A software package (UCINET) was used, for the analyses. Further details about the rationale of combining these two approaches are provided, in the following sections. For the purpose of this paper, stakeholder has been defined as any organization (private or public, for-profit or non-profit) involved actively in climate change-related issues. This definition also reveals the boundaries of the survey population. Public refers to federal, state, or local government or agencies. Private describes any organization without a public role, which provides goods and services, and is owned by individuals. 2.1. Survey Researchers use a range of methods to assess the climaterelated perceptions, values, expectations, awareness, and knowledge of stakeholders. For example, interviews, surveys, and focus groups are techniques for gathering data to shape decision support systems [16]. Among these validated approaches, the authors designed a survey instrument to collect data on information sources, awareness levels, and the perception of climate change impacts in Florida. The target population in this research are Florida's key stakeholders including public, private, and researchers involved actively in climate change issues. The research team's selected sample included 13 local and regional Florida stakeholders impacted by climate change. Among these individuals, two represented the same institution. The authors chose the participants to cover as much of a broad spectrum of critical stakeholders; geographically, sectorial, and socioeconomically. The employees at the managerial level represented stakeholders. The survey small sample size was based on the purpose of this research, which intends to target the closed network of the key stakeholders concerned by climate change. In 2011, the authors developed and distributed a survey questionnaire to the climate-related vital stakeholders. Each questionnaire captured information about stakeholders' characteristics, climate-related information and public or private organizations, climate change projections for Florida, and climate and weather information requirements. The research team administered questionnaires to leaders and other key individuals in public and private institutions that develop, disseminate, or use climate information, as well as those that assess vulnerability or conduct programs aimed at the adaptation to, and mitigation of, climate change and sea 2 Robert G. D. Steel and James H. Torrie, 1980 "Principles and Procedures of Statistics: A Biometrical Approach" Second Edition, pp 477-478 level rise. Survey questions were electronically distributed, during the period ranging from October 15, 2012, to November 19, 2012. The authors sent a relatively short email survey to stakeholders, asking them to value the attributes of the survey questions for measuring these constructs. For the data analysis purposes, the questionnaires were reorganized into ten dimensions to measure stakeholders' perceptions about climate change impacts. These dimensions were IWDO: Importance of weather in daily operation; I-CI: Importance of climate information; CIU: Climate information usage; I-SV: Importance of seasonal variability; IWB: Impact of weather on business; I-SLR: Importance of SLR; I-CC: Importance of climate change; CFC: Changes in Florida climate; IFCCB: Impact of Florida's climate change on business; and EEWB: Effect of extreme weather on business. The stakeholders' perceptions about climate impacts were measured against the dimensions as mentioned above using a five-attribute Likert scale: "extremely important," "somewhat important," "neutral," "somewhat unimportant," and "not at all important." The qualitative responses to the survey questionnaires were converted, into quantitative values using a similar 5-point descending scale of the Likert scale. Specifically, the scale attribute (used in the survey) "extremely important" was assigned the score five while the attribute "not at all important" was assigned the score 1. These scores were further used to create matrices that: 1) served to identify stakeholders that share similar information sources and perceptions about climate change impacts, and; 2) served as a basis of the SNA using the UCINET Software. 2.2. Social Network Analysis Over the last decade, there has been an increase in climate learning networks [17]. The broad aim of these networks is to create a space for knowledge exchange, learning, and monitoring to support the stakeholders and extension professionals as they prepare for an uncertain future within the context of changing climate. These networks provide a venue to build and strengthen relationships among participants involved in research, outreach, and practice. SNA was used to map the relationship among Florida stakeholders involved in climate issues, based on the climate impact perceptions of these stakeholders. These links constitute the theory behind the Social Network Analysis (SNA). SNA refers to a ''toolkit'' of methods that allows researchers to statistically describe, quantify, and compare the social relationships of individuals in a group [18-19]. SNA is based, on two notions: the node or vertex, and the link or edge or tie. In this study, each node represents a stakeholder, while the links represent the connections they have with their information sources, on the one hand, and their climate impact perceptions, on the other hand. In this study, an SNA was conducted based on the survey results. The matrix from the survey results is imported, into UCINET. Next, SNA diagrams are generated, as a means to represent relationships and informational flows among stakeholders. The SNA diagrams are based, on the Eigen sensitive approach, which examines the dynamics among stakeholders. Additionally, two centrality approaches were used to identify the core of the network (i.e., stakeholders in the center of the network): 1) the betweenness centrality, and; 2) the eigenvector centrality. The identification of the core of the network will facilitate the authors testing the hypothesis that Florida stakeholders having similar climate impact perceptions about climate change use identical climaterelated information sources. 3. Results 3.1. Survey The survey response rate was estimated to be 83%. Among the 13 local and regional stakeholders surveyed (Table 1), 12 responded. Also, the distribution of Florida key stakeholders, susceptible to the impacts associated with a changing climate are shown, in Figure 1. The data collection covers several sectors, including the social ecosystem, agriculture, energy utility, water, development, industry and natural ecosystems. Furthermore, data has been collected at various interest levels, including, the state agency, local government, private, academia, and other. Table 1 shows the coding and description of the Florida key stakeholders. Table 1. Key Stakeholders in a Florida Climate Network & Their Descriptions. 3.1.1. Florida Stakeholders' Perceptions About Climate Change Impacts The key stakeholders' perceptions about climate change were captured using factual questions. These revealed a level of perception that ranged between 2.75 and 4.14 out of 5 (see Figure 2). However, the stakeholders' opinions were that the climate change impacts are more likely to be harmful to their businesses (see Figure 3). The following acronyms seen in Table 2 were used to represent the stakeholders involved in this study: SLS for State Level Stakeholder, LS for Local Level Stakeholder, NPS for Non-profit Stakeholder, and ELS for Environmental Legal Services. Table 2. Matrix of Stakeholders Versus Climate-Impact Perceptions, Data Sources, and Awareness Levels. Values represent the corresponding perception score attributed by each stakeholder IWDO: Importance of weather in daily operation; I-CI: Importance of climate information; CIU: Climate information usage; I-SV: Importance of seasonal variability; IWB: Impact of weather on business; I-SLR: Importance of Sea Level Rise; I-CC: Importance of climate change; CFC: Changes in Florida climate; IFCCB: Impact of Florida's climate change on business; and EEWB: Effect of extreme weather on business. The Chi-Square test for homogeneity performed at the perception level, it revealed that the stakeholders SLS1, SLS3, SLS5, LS1, LS2, LS3, NPS2, NPS3, ELS are those who were sharing similar climate change-related risks perceptions in term of statistical significance (see Table 3). Table 3. Results of a Chi-Square Test of Homogeneity among Stakeholders in the Climate Change Risks Perception. i. The Diff. is the difference between the Calculated Values and the Critical Values (read in the Chi-Square table at 5%). ii. If Diff > 0 there is statistically significant evidence to conclude that the distribution of climate change-related risks perception is similar for stakeholders. iii. If Diff < 0 there is statistically significant evidence to conclude that the distribution of climate change-related risks perception is different for stakeholders. iv. The values between parenthesis are negative values. 3.1.2. Climate Change Information Sources Used by Florida Key Stakeholders The information sources include national agencies, private companies, and non-profit organizations (Table 3). The three most used information sources were the National Oceanic and Atmospheric Administration (NOAA) (28 percent), Pew Foundation (14 percent) and ESRI (14percent). However, more than four stakeholders (34.5 percent) acquired information from NOAA and LIDAR, more than four (34.5 percent) obtained data from the Pew Foundation, CPWI, ESRI, and less than 2 (31 percent) acquired information from WM, SPM, SRCOS, AMB, CIRICS, MS, WC, CNN, and HLN (Table 4). Table 4. Climate and Weather-Related Information, Data, and Decision Systems that Assist Stakeholders in Operational and Strategic Decision Making. Applying the Chi-Square test on the frequency use of information sources by stakeholder, revealed that stakeholders SLS1, SLS5, SLS6, LS1, LS3, NPS2, NPS3, ELS are those who were sharing similar information sources with one another, directly or indirectly (see Table 5). Table 5. Results of a Chi-Square Test of Homogeneity among Stakeholders in the use of Information Sources. i. If Diff > 0 there is statistically significant evidence to conclude that the distribution of information sources is similar for stakeholders ii. If Diff < 0 there is statistically significant evidence to conclude that the distribution of information sources is different for stakeholders The Ns mean that the values are not defined. 3.1.3. Synthetic Results of Survey Analysis By crossing the identified stakeholders who were sharing similar information sources with those stakeholders who shared equal perception levels about climate change impacts, the researchers end up with seven stakeholders SLS1, SLS5, LS1, LS3, NPS2, NPS3, and ELS. The results of the chisquare test analysis on both Information Sources and Perception Levels showed that these stakeholders were statistically significant in sharing similar information sources and similar perception level about the climate change risk. 3.2. Social Network Analysis According to [20], centrality is relevant to the way groups are organized to find solutions to certain types of problems. The authors used two measures of centrality in this study, betweenness centrality (which quantifies the number of times a node is acting as a bridge along the shortest path between two other nodes), and eigenvector centrality (which is a measure of the influence of a node in a network). assigns relative scores to all nodes in the network based on the concept that connections to high-scoring nodes contribute more to the score of the node in question than parallel connections to low-scoring nodes. The following diagrams were created using data from the 12 key stakeholders who participated in the survey. In this study, betweenness was used, as a measure for quantifying the level of control of a stakeholder concerning communication or sharing knowledge, among other stakeholders in a social network. Eigenvector centrality This study had two kinds of node(s): 1) the red, which represents the different stakeholders in the Florida climate network, and 2) the blue, which represents the Florida Climate and Weather-related information, data, and decision systems that assist stakeholders in operational and strategic decision making (Figure 4, see Appendix). The blue also represents the indices to measure the importance of the climate-related information or data for stakeholders (Figures 5-11, see Appendix). Table 6-7 shown the measures of the Social Network Analysis. Table 7. Mode Cohesion Measures for the Climate Stakeholder Dataset. NOTE: If fragmentation is > 0, the graph is disconnected. All measures based on lengths of geodesics are computed within components. Density is the number of ties divided by n*m, where these are respectively the number of rows and cols in the matrix. Avg Dist is the average geodesic path length in the bipartite graph, within components. Radius is the smallest eccentricity in the bipartite graph, within components. Diameter is the length of the longest geodesic in the bipartite graph, within components. Transitivity is the no. of quadruples with 4 legs divided by no. with 3 or more legs, in bipartite graph. Norm Dist is Avg Dist divided into minimum possible in bipartite graph of given node-set size 3.2.1. Centrality of the Climate-Related Information Importance According to [21], conceptually, centrality captures the extent to which a focal actor occupies an essential position of prestige and visibility. In this paper, the use of two centrality approaches was attempt: the betweenness centrality and the eigenvector centrality. Typically, being at the center of things is viewed as a good thing. UCINET 6 was used to draw the diagrams and conduct the network analysis. Figure 5 shows the complete 2-mode affiliation matrix generated with NetDraw. 3 In the following diagram, the blue squares represent the measures of importance regarding climaterelated information, the red circles represent the stakeholders who participate in the network, and a line between a square 3 NetDraw software was used, for all the Figures in this paper. and a circle indicates that this particular climate-related information or data is, in fact, essential for that specific stakeholder. Figure 5 shows that climate-related information is vital to all stakeholders except the NPS1 (which did not respond to any of the survey questions). 3.2.2. Stakeholders Patterns of Secure Information or Data The Betweenness Centrality Betweenness centrality captures how stakeholders control or mediate the relationships between pairs of stakeholders that are not directly connected. In this paper, the authors state that the betweenness is the extent to which a particular stakeholder lies between the various other stakeholders in the network. Therefore, the betweenness centrality measures the degree to which different stakeholders lie on the shortest geodesic path between pairs of stakeholders in the network. Therefore, this measure is an essential indicator of control of information exchange, or resource flows, within a system. The stakeholder with high betweenness plays a critical 'broker' or 'gatekeeper' role with a potential dominance over others (Figure 6). It may extract 'service charges' and isolate other stakeholders or prevent contacts with stakeholders. Such a stakeholder thus has a significant influence on the flow of information in the network [22]. When the measure of betweenness centrality is greater than three (Figure 7), the stakeholder LS1 is disconnected from the network because it doesn't have a link with any stakeholders who have more than three relationships with the measures of climate-related information importance. These measures are also increasingly important as the number of links is greater with stakeholders. In this study, all measures of climate-related information importance have more than three links with stakeholders. When there is a betweenness centrality that is greater than four, the stakeholder SLS1 has the highest betweenness; it plays a role with potential for control over other stakeholders because it has more than four connections with other stakeholders, and it has more than four links with the measures of climate-related information importance. The stakeholders who have a direct or indirect relationship with SLS1 are in the network. However, stakeholders SLS2, SLS6, LS2, and NPS3 are disconnected, from the network, and regarding measuring stakeholders' perceptions about climate change impacts, the IFCCB (Impact of Florida's climate change on business) index indicates reduced importance in the network. The network would be comprised, of the following stakeholders: SLS1, SLS4, SLS5, LS3, NPS2, and ELS (Figure 8). The Eigenvector Centrality The eigenvector centrality is a measure of the influence of a node in a network. It assigns relative scores to all nodes in the network based on the concept that connections to highscoring nodes contribute more to the score of the node in question than similar connections to low-scoring nodes. The eigenvector centrality is one method of computing the "centrality," or relative importance, of each node in a graph. The assumption is that each node's centrality is the sum of the centrality values of the nodes with that it is connected. The nodes are drawn with a radius proportional to their centrality (Figure 9). When the eigenvector centrality is greater than three (Figure 10), the stakeholder LS1 is, as in Figure 7, out of the network because it doesn't have a link with any stakeholders who have a score higher than three and have connections with the measures of climate-related information importance. These rules are essential, as they have a high score, and they must have links with stakeholders who have a high score. The results show that all measures of climate-related information importance were having a score higher than three, have relationships with stakeholders who have a rating higher than three. When the eigenvector centrality is more significant than four, the stakeholder SLS1 has the most influence over other stakeholders; it has the highest eigenvector centrality score, and it is connected, with more than four measures of climate-related information importance, which have scored higher than four. The stakeholders that have a direct link with SLS1 are SLS5, LS3, and ELS, and those who have an indirect relationship with SLS1 are SLS3, SLS4, and NPS2. The stakeholders that are directly or indirectly connected, with SLS1 are in the network. However, the following stakeholders SLS2, SLS6, LS2, and NPS3 are disconnected, from the network, and the IFCCB measure also is not perceived as necessary for the network. The network is composed of the following stakeholders: SLS1, SLS4, SLS5, LS3, NPS2, and ELS (Figure 11). The two measures of centrality (betweenness and eigenvector) in the SNA have allowed the research team to identify Florida stakeholders' patterns of acquiring climaterelated information or data. The stakeholders tend to gravitate to those who have more influence to secure such information. Also, the stakeholders attach value to almost all of the measures of the importance of climate-related information. Ultimately, based on the results of the survey and of the SNA, the authors would state that despite the relative good dynamic of social networks among Florida stakeholders, there is a likelihood that certain stakeholders would have different information sources (30.97% of stakeholders) and different awareness levels (20.74% of stakeholders), and then different climate-related impact perceptions (29.60% of stakeholders). These stakeholders could have corresponded to those who are not connected, to the Florida stakeholders' social networks. 3.2.3. Synthetic Results of the Social Network Analysis By using the Betweenness and Eigenvector approaches on the information sources, the study concludes that stakeholders SLS1, SLS5, SLS6, LS1, LS3, NPS2, NPS3, and ELS were sharing similar information sources about climate change. The same procedure was applied, to the perception levels. The process revealed that stakeholders SLS1, SLS3, SLS4, SLS5, LS3, NPS2, and ELS were sharing similar perception levels about climate change risk. The Social Network Analysis outcomes were given, after crossing the result on information sources with those on perception levels. These show that stakeholders SLS1, SLS5, LS3, NPS2, and ELS, would constitute the closed Network of those stakeholders who were sharing both similar information sources and similar perception level about the climate change risk. 3.2.4. Synthetic Outcomes of Survey Analysis and Social Network Analysis By crossing the finding of the Survey Analysis with those of the Social Network Analysis, the research team identified the pattern of stakeholders represented by SLS1, SLS5, LS3, NPS2, and ELS as the accurate closed network. The authors are comfortable to state that the Florida critical stakeholders referred to similar information sources about climate change data. 3.3. Potential Economic and Policy Interest of this Research 3.3.1. Frequencies of Information Sources Use and Willingness to Pay During the study period, 13 organizations, representing the organizations providing and storing climate and weatherrelated information or data, and 13 institutions, allude to the local, regional and nonprofit stakeholders which search for, and use, climate-related data (see Tables as mentioned earlier 1 and 3). The sources providing climate-related information to the most stakeholders had dominance in the Florida climate network. Based on the previous Figure 4, NOAA, Pew, and ESRI (GIS) are the most prevalent providers of climate-related information to local and regional stakeholders. Eight stakeholders acquired information from NOAA, and four stakeholders obtained data from Pew and ESRI (GIS) respectively. The stakeholders who seek out climate-related information, actively and continuously, are the following: SLS1, SLS5, SLS6, LS1, LS3, NPS2, NPS3, and ELS. However, the stakeholders SLS2, SLS3, SLS4, and LS2 do not refer to any information sources for climaterelated information. The willingness to pay for climate change-related services, sustainability strategies, and forecasting information, is shown in Figure 12. At least 14.3% of key stakeholders are likely to spend less than $10,000 for climate services, and another 14.3% of principal stakeholders would be willing to pay between $50,000 and $100,000 for sustainability strategies. The frequency of climate change information service's use is 57.1% of the stakeholders on a monthly or quarterly base. Also, the sustainability services use rate is 28.6% for the annual, and 14.3% for annually or higher. 3.3.2. Synthetic Outcomes of Survey Analysis and Social Network Analysis The research team provided the stakeholders' comments, proposals, and their responses to the policies they are concerned about it and the need for policies. Hence, some of the stakeholders' comments and proposals about climate change related policies are reported following three categories: regarding their concerns, some stakeholders stressed that their professional work has involved waterrelated public policy, including emergency management. as a plan for the future of their businesses, the stakeholders reported that issues of climate and weather were on top of their priority. Others mentioned that the monitoring of short and long-term climate and weather trends for effect on wildfire danger, effects on trees and forests were a high level of concern for their businesses. These businesses were actively engaged in state and federal level air and Ozone quality monitoring. Some respondent comment on Climate change litigation, coal plants and renewable; those stakeholders reported that there is a connection between the El Niño–Southern Oscillation (ENSO) phase and wildfire potential in Florida. These stakeholders suggested that policies can help guide seasonal outlooks for wildfire activity. Also, respondents mentioned, in term of infrastructure, the development of rainy days alternative routes due to flooding and roads being washed out. Early morning fog is a problem and has led to the installation of strobe lights on each bus. Accordingly, businesses have installed GPS units on all currents buses and have planned to install on all new buses as they were purchased. Stakeholders have settled hurricane plans to implement when needed and affects the environments (river and Bay) that help manage hazards. Furthermore, some stakeholder comments on the questions related to policies that might negatively impact their business: some reported that changes to state and federal air quality regulations that would impact the ability to conduct prescribed burning. Also, that standards of Performance for Greenhouse Gas Emissions for New Stationary Sources, Electric Utility Generating Units might change. Thus, they mentioned that more must be done on climate change impact denial. Some others reported that limits on avenues to promote healthy forests would be negatively impactful, as well as any policies that resulted in excessive drought and other harmful conditions. Stakeholders asserted that business-as-usual, has little to no consideration regarding Florida's future 50 years from now. The same respondents stressed that policies which ignore the science and data of climate change are the worst thing that can happen. Unfortunately, climate change scientists concentrate on worst-case scenarios that scare the public and politicians. Finally, stakeholders expressed their need for realistic information, in order for the public to understand and get onboard with those engage in climate risk mitigation. Lastly, the research team provided the stakeholders' suggestions about the policies that they would like to see policy-makers develop to positively impact their businesses, as follows: including the need to stop new coal plants, retire existing ones; and develop renewable energy especially liquid fuels, higher vehicle efficiency, solar and hot water electric. The stakeholders supported that the most beneficial would be policies that do not exacerbate drought, increasing wildfire potential. Keeping a climate which would help sustain healthy forest ecosystems is important. Policies promoting efforts to keep forest ecosystems healthy using less intense prescribed fire, as well as other measures to prevent the potential for large, destructive, and carbon releasing wildfires would seem to be helpful. Better public outreach on climate impacts, especially costs, to citizens and local governments. Respondents mentioned that the state of Florida should have a coastal and ocean policy to determine, plan for and address potential impacts of climate change, both environmentally, socially, and fiscally [23]. 4. Discussion Through surveys analysis and SNA approach, the research team observed a keen awareness on the part of decisionmakers and stakeholders regarding potential effects of climate change in Florida. Many organizations shared specific requests and pointed to specific agencies that have produced and disseminated useful, up-to-date, and state-ofthe-art research, analysis, tools, and predictions. However, some stakeholders may remain vulnerable regarding climate change impacts because they are disconnected from the climate learning network and do not share any information with other stakeholders. SNA has made significant contributions to a variety of fields including sociology, social psychology, anthropology, epidemiology, management studies [24], and terrorist network studies [25]. Application of the SNA technique to mapping climate impact perceptions, and to analyzing the relationships (ties) among the stakeholders regarding climaterelated information acquisition, are relatively new according to [26-27]. For example, questions such as: "What Climate and Weather-related information, data, and decision systems do you have access to that assist you in operational and strategic decision making?" are used to determine the relationships among climate issues actors (information sources and other stakeholders). The novelty of this study is not only the two-stage approach but also the mapping of climate impact perceptions among Florida critical stakeholders involved in climate-related issues. The use of small size sample of respondents for the survey poses difficulty in achieving statistical inference. Despite the fact that the survey respondents were spread across the state of Florida, this study's sampling encountered the limitation of the size since the research team faced funding and time constraints. Future studies are needed to confirm these results and to examine efficacy and feasibility of the research procedure and hypothesis, with large sample size. As a result of this study, the respondents are perhaps not likely to be representative of stakeholders involved in working with climate-related data and information, on a broader networking scale. The conversion of qualitative data to quantitative may cause some loss of data. Also, the SNA arbitrariness in the establishment of the connectivity threshold used to create the network may be subject to debate. Despite these limitations, the results are representative of stakeholders who are interested in climate impacts and are most likely to network closely on this issue. Qualitative responses from the survey questionnaires offer a valuable contextualization of stakeholder's climate impact perceptions, which, when combined with quantitative and the SNA results, provide a useful indication of the types of questions to pursue in future studies. In addition to these strengths, the relatively low costs associated with the survey, and the effectiveness of the data collection method, also provide further benefits. Lastly, the survey implementation is not time-consuming, when compared with other ways. The insights gained from both the survey and social network analysis approaches can help to construct inter-organizational networks and help us to understand their inter-relationships better [28]. 5. Conclusions Multi-sectoral collaboration involves creating new forms of relationships among organizations and local, regional stakeholders to foster linkages and trust that would enable and accelerate coordination in climate-related risk's management in Florida. The state government agencies could provide incentives and information to promote multi-sectoral collaborations. The idea of interdependence has long been at the heart of organization design in complex environments. Despite the growing literature on these issues, there has been relatively little formal investigation as to the extent to which interdependency among stakeholders can influence organizational adaptation over time in dynamic environments [29]. This research represents a modest contribution towards better understanding of how organizational design can be used to help track the inter-organizational coordination among climate data stakeholders (e.g., valid response and recovery operations, among other sectors) [30]. Acknowledgements The authors would like to express their sincere thanks to the Florida State University Center for Oceanic Atmospheric Prediction Studies (FSU COAPS), the Southeast Climate Consortium (SECC), and the National Oceanic and Atmospheric Administration (NOAA) Regional Integrated Science and Assessments (RISA) Climate Program Office for their support on this portion of the project. The overall climate data stakeholders project involved the following steps: 1) Assessment Framework 2) Social Network Analysis 3) Decision Maker Surveys, and; 4) Key Stakeholder Interviews. The authors would like to express their gratitude to the Florida Climate Institute's (FCI's) Dr. Jim O'Brien (recently deceased), Dr. Jim Jones, Dr. Mason Mathews, Dr. Keith Ingram, and Dr. Vakaramoko Diaby for their guidance in the development of a climate data's users survey instrument and stakeholder survey questions. Author Contributions The authors contributed equally to conceive the purpose and the theoretical hypotheses of this study. Vassiki Sanogo and Zafar Siddiqui contributed to the background and the literature review. The three authors contributed to the research design and methodology. Vassiki Sanogo and Julie Harrington worked on the interpretation of the results, discussion, and conclusions. Julie Harrington contributed with comments and advice on the development of the paper. Conﬂict of Interest The authors have no conﬂicts of interest to declare. Appendix Figure 6. Issue Salience Scores – Betweenness Centrality. Figure 9. Issue Salience Scores – Eigenvector Centrality. References [1] IPCC, 2014: Climate Change 2014: Impacts, Adaptation, and Vulnerability. Part A: Global and Sectoral Aspects. Contribution of Working Group II to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Field, C. B., V. R. Barros, D. J. Dokken, K. J. Mach, M. D. Mastrandrea, T. E. 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1 2 3 4 5 6 7 8 9 10 11 12 HOUSE DOCKET, NO. 1070 FILED ON: 1/13/2009 HOUSE . . . . . . . . . . . . . . . No. 890 The Commonwealth of Massachusetts _______________ In the Year Two Thousand Nine _______________ An Act to Provide Coverage for Tobacco Use Cessation Under Commonwealth Care.. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Chapter 118H of the General Laws is hereby amended by inserting the following section: Section 7. Any policy of insurance for accident or sickness, or agreement for medical or health services, which shall be delivered or issued or renewed or certified in this Commonwealth through the Commonwealth Care Health Insurance Program described in Chapter 118H of the General Laws, shall provide as a benefit to all individual subscribers and members within the Commonwealth, for expenses of tobacco use cessation treatment as hereinafter set forth. Tobacco use cessation treatment shall include nicotine replacement therapy, other evidence- based pharmacologic aids to quitting tobacco use, and accompanying counseling by a physician, physician assistant, nurse, nurse practitioner, dentist, certified tobacco treatment specialist, certified substance abuse counselor, licensed mental health counselors or other qualified clinician. 1 of 1	<urn:uuid:8753368b-93bc-447b-88dd-25609182777b>	CC-MAIN-2024-10	https://malegislature.gov/Bills/186/H890.pdf	2024-03-02T09:14:51+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-10/subset=warc/part-00283-d9675c6d-5c8d-45bb-9c98-c56e42022a4d.c000.gz.parquet	381,425,523	313	eng_Latn	eng_Latn	0.981563	eng_Latn	0.981563	[ "eng_Latn" ]	false	rolmOCR	[ 1415 ]
Print - ISSN : 2319–9814 Online - ISSN : 2319–9822 Nuno Santos*, T.Musha E-mail : [email protected]; [email protected] Journal of Full paper Space Exploration WWW.MEHTAPRESS.COM Erratum of article "Gravity control with help of de Rham cohomology" Journal of Space Exploration, Vol.3, Issue.1, 2014, pp.55-70. HISTORICAL INTRODUCTION ) (L R , R L R ) ( . ... we will have a curvature (pp.55, left column, 9 th line) A Line joining a planet ... Should be kept together and not divided by new line... (pp.55, left column, 16 th line)...based on calculus of the time, ... ...based on calculus of that time, ..... (pp.56, left column, 19 th line) flat space-time with a flat metric signature of (-+++) or (+—). ... flat space-time with a flat metric signature of (- + + +) or (+ - - -). (pp.56, left column, 28 th line)...the theory favored the admiration of the scientific community at the time. ... ... the theory favored the admiration of the scientific community of that time. (pp.56, right column, 19 th line) ....not right path to the development of physics .. ... not right path for the development of physics ... (pp.57, right column, 45 th line)... as well as anti-gravity could be generated ... anti-gravity is cut as antigravity whereas it should be anti-gravity ... (pp.58, left column, 16 th line)..., rotating in the horizontal plane in a constant velocity ... ..., rotating in the horizontal plane on a constant velocity ... (pp.58, left column, 32 th line) ... between and which can ... ... between and which can ... (pp.58, right column, 28 th line)... we will have a curvature that depends on the sense of rotation ) (R R that depends on the sense of rotation ) ( ) ( L R R R , R L R ) ( , where ) ( ) ( L R R R , R L R ) ( is the Riemann curvature tensor. (pp.58, right column, 37 th line)... is given by the following formula: ... ... is given by the following formula [52] : ... (pp.58, right column, 47 th line) ... from the vacuum quantum fluctuations to a ... from the vacuum quantum fluctuations [65] to a ... EXPERIMENTAL APPARATUS AND RESULTS (pp.59, right column, 19 th line)... attained during the study is presented: .. ... attained during the study are presented in TABLE 1. ... (pp.59, right column, 27 th line)... of extreme high frequency e" 50 [GHz]. (pp.60, right column, 1 st line) .. The expected value according to [1] is represented by solid lines. .. ... The expected value according to Tohoku University results [1] is represented by solid lines. ... GRAVITY CONTROL DUE TO TOPOLOGICAL EFFECT OF CIRCULATING MAGNETIC FLUIDS (pp.61, 3 rd line)... Gyro experiment is just used to conclude the macroscopic study of a asymmetrical weight reduction ... Gyro experiment servers merely to make the macroscopic scientific study of the asymmetrical weight reduction ... (pp.62, left column, 30 th line)... R is the radius of toroidal tube... .... R is the radius of of the ferrofluid container. ... (pp.62, right column, 16 th line) ... the number of carrier molecules (Kerosene) is larger ... ... the number of carrier molecules (kerosene, water or synthetic oil) is larger ... (pp.63, left column, 6 th line)...with an easily realizable .. ... which can be easily realizable ... CONFIGURATION OF AN ELECTRICAL POWER GENERATION APPARATUS (pp.64, left column, 20 th line) ... fluid mean velocity with internal circuit clear: ... ... fluid mean velocity with internal circuit clear as illustrated on Figure 11. ... (pp.64, right column, 4 th line) .. temperature change in function of mean velocity of fluid: .. ... temperature change in function of mean velocity of fluid as illustrated on Figure 12. ... . (pp.64, right column, 7 th line)... should give a goo operating point. ... should give a good operating point. (pp.64, right column, 8 th line).. this is equivalent to a flow of ~0.5 ] [ 1 3 s m ... (pp.65, right column, 1 st line) .. indicated a final mean velocity of fluid in the order of are ~ 50 ] [ 1 s m .. (pp.66, left column, 9 th line)... bring financial benefits to the home user a mean monthly income ... .. bring financial benefits to the home user as a mean monthly income ... ACKNOWLEDGEMENTS (pp.69, left column, 25 th line).. as well as Dr. Susana Pinheiro .. ... as well as Dr. Susana Pinheiro (Lisbon, Portugal) as well as Eva Knutsson (Stockholm, Sweden) ... REFERENCES (pp.70, right column, end of REFERENCES) [65] Vacuum energy, http://en.wikipedia.org/wiki/ Vacuum_energy, (November 2013). 264	<urn:uuid:f606015d-a1f5-4ef2-bbe1-cf5daa1c6dbd>	CC-MAIN-2023-14	https://www.tsijournals.com/articles/erratum-of-article-gravity-control-with-help-of-de-rham-cohomology.pdf	2023-03-27T22:39:13+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2023-14/subset=warc/part-00110-39c03058-7d78-443d-9984-102329513e3d.c000.gz.parquet	1,171,800,401	1,416	eng_Latn	eng_Latn	0.974557	eng_Latn	0.974825	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 2648, 4568 ]
SCUOLA ARCHEOLOGICA ITALIANA DI ATENE Odos Parthenonos 14-16, GR11742 ATENE Tel. +30 210 9239163-9214024, fax +30 210 9220908 info: [email protected] www.scuoladiatene.it Italian Archaeological School at Athens "Doro Levi" Lecture Hall Tuesday 9.10.2018, 6.30 p.m. Wednesday 10.10.2018, 6 p.m. Friday 2.11.2018, 6 p.m. Thursday 11.10.2018, 5 p.m. Conference - Prof. Vito MANCUSO (University of Padua) La logica caotica dell’essere In collaboration with the Embassy of Italy in Athens Logos Caos. + Conference - Dr. Paolo GIULIERINI (Director of the National Archaeological Museum of Naples) Il Museo Archeologico Nazionale di Napoli, crocevia culturale tra Europa e Mediterraneo Seminar - Dr. Valentina Di NAPOLI (University of Patras, Department of Theatre Studies - Swiss School of Archaeology in Greece) Romanizing Greece? Spectacles and Buildings for Entertainment in Greece during the Imperial Period Book Launch Great Waterworks in Roman Greece. Aqueducts and monumental Fountains: Function in Context Georgia ARISTODEMOU and Theodosios TASSIOS (eds.) Speakers: Christer BRUUN (University of Toronto) - Stelios KATAKIS (University of Athens) Conference - Prof. Ioannis CHASSIOTIS (Aristotle University of Thessaloniki) On the occasion of the celebrations for the 500 years of the Hellenic Community of Naples: Οι Έλληνες της Νεάπολης και της Κάτω Ιταλίας: Οργάνωση, ιδεολογία και ενσωμάτωση In collaboration with the Embassy of Italy in Athens Seminar - Dr. Elissavet TZAVELLA (TOPOI project, Berlin) Attica after Antiquity (4th-7th c.). Settlement History, Topography of Cult, and Organisation of Defence Greeks&Aliens - Prof. Daniele MORANDI BONACOSSI (University of Udine) Injured archaeology in Syria and Iraq Greeks&Aliens - It’s all Greek to me Hellenization and Greek language survival in Calabria In collaboration with the Embassy of Italy in Athens Seminar - Dr. Stella KATSAROU (Ephorate of Palaeoanthropology-Spelaeology) Rituals in caves in the Neolithic in Greece Thursday 15.11.2018, 5 p.m. Friday 9.11.2018, 6 p.m. Thursday 13.12.2018, 5 p.m. Friday 16.11.2018, 6 p.m. Saturday 24.11.2018 9.30 a.m. - 5 p.m.	<urn:uuid:7fc56350-f28a-4a39-9670-1ec01dfb73b9>	CC-MAIN-2018-47	https://www.scuoladiatene.it/images/documents/ottobre-dicembre_2018.pdf	2018-11-13T23:18:49Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-47/segments/1542039741510.42/warc/CC-MAIN-20181113215316-20181114001316-00263.warc.gz	1,002,420,918	665	eng_Latn	eng_Latn	0.406873	eng_Latn	0.406873	[ "eng_Latn" ]	false	rolmOCR	[ 2169 ]
Minutes January 24, 2023 Approval of Agenda and Minutes The Michigan State University Faculty Senate held a regular meeting on Tuesday, January 24, 2023 at 3:15 p.m. via Zoom with Chairperson Karen Kelly-Blake presiding. The agenda was approved as presented. The draft minutes of the December 20, 2022 meeting were approved as presented. Remarks Interim President Woodruff gave the following remarks: Interim President Teresa K. Woodruff I'd like to take a moment to recognize the events that occurred over the weekend and yesterday. I joined all Spartans across our campus and beyond in shock and grief over the recent violence toward the Asian Pacific Islander Desi American and Asian communities in California and Indiana. These tragic incidents have clouded the joy accompanying the start of Lunar New Year celebrations, and I mourn with our APIDA and Asian community. Leaders across campus are committed to engaging with MSU community members to discuss concerns arising from these incidents, including this evening, however distanced the tragedies may have been. We stand together against violence and with our APIDA and Asian Spartans in this time of sadness, outreach, and concern. Indeed, in the last three weeks there have been 39 mass shootings, which is unacceptable. Let me review for us our Ordinance 18, our firearms policy and general student regulation. We can say at MSU, open carry is prohibited on campus. Students are prohibited from possessing a firearm on campus, period. Faculty and staff are likewise prohibited from possessing a firearm while working, with the limited exception of our peace officers. Members of the public with a valid [Concealed Carry Weapon] permit, may conceal carry outside of gun-free zones, which essentially means the roads through our campus. All university buildings are gun-free zones, but our roads are state of Michigan roads. I want to note that--From the American Academy of Pediatrics their policy statement in November of 2022, they have a statement on firearm-related injuries and deaths in children and youth and indicate that firearm injury is now the leading cause of death among people younger than 24 in the United States. This is our demographic. Student Life and Engagement as well as Infrastructure Planning and Facilities, were directed by me last week to develop signage that is within state and federal guidelines but also clearly delineates these rules across MSU to enable a safe and welcoming environment. Now I'd like to express my gratitude and thanks for everyone who participated in the State of the University address last week. I want to especially thank Chairperson Karen Kelly-Blake and Vice Chairperson Stephanie Anthony for being part of our opening video. I think it was a wonderful way to share the vision animating the university from its beginning to the current day and uniting all of us. And it was fun to assemble the work of our last year and set our collective goals for the coming year. Several folks actually Minutes January 24, 2023 commented on how astonished they were at all the good work that had been achieved last year. I was not astonished. I knew of the excellence of the work that was happening across campus. I can only imagine what we will all accomplish this year together. So let me touch on two more subjects. I did discuss in my State of the University remarks the Know More Survey and the state budget, but I thought I'd spend just a moment more. In particular the Know More Survey, the first Know More Survey was delivered to campus in 2019. And that was a baseline for improvement and informed the development of our RVSM strategic plan, the first of its kind in higher ed. And it was developed by the RVSM Expert Advisory Work Group with an outside evaluation firm and was done to understand and take stock of where we were in the wake of our institutional crisis and what we needed to learn from the survivors who came forward and shared their experiences of abuse and what we needed to do to improve services, prevention, and policy. So I hope many of you have taken the time to look at the materials that have been provided over the last week. Overall, the survey indicated that some forms of victimization dropped, and most measures of climate and culture improved and awareness of our trainings and policies is high. Moreover, incidents of workplace incivility and employee sexual harassment dropped significantly since 2019. So there are a number of statistics that I mentioned in the State of the University and in the materials that you have and much of it is good news, but the data also tells us that there are places for ongoing work, and this includes our need to be more inclusive for our transgender and non-binary communities. So last Friday the university announced the extension of RVSM support services for our LGBTQIA+ students and employees, which is, I think, an initial step forward in achieving meaningful change. We have also, in the Gender and Sexuality Campus Center partnered with campus services to embed RVSM advocates and counselors within its program. These two steps were taken just in the last week. So I want to note our RVSM special advisors, Dr. Rebecca Campbell and MSU Police and Public Safety Deputy Chief Andrea Mumford, who are leading the next steps following the survey with a very dedicated group of the RVSM Expert Advisory Work Group, which really represents the breadth of this campus. So while we are working on our processes and culture, the results of an OIE case in the Broad College of Business was published over the weekend based on a FOIA request. The events at an otherwise celebratory event were wrong. We will continue to know more, to do more, and to support more. Thank you all for your commitment to our portfolio of work in this domain. Finally, I want to address the state budget. In the coming weeks and months I'll ask that you join me in advocating to the state of Michigan that it's critical to reset our university's base appropriations. Historically, we've been underfunded on a per student basis compared to the other R1s in the state. Even though we educate the most in-state students and are a leader and top producer of credentialed talent in Michigan, contributing to the state's talent pipeline. My administration is working with government relations to refine our messaging and pitch to the state. And I'll share this with Faculty Senate in the very near future, because ultimately to be successful we must all serve as advocates Minutes January 24, 2023 drawing on our relationships and our expertise to best position MSU for its future success. So I'll thank you all in advance for your contributions that you may make in this domain. So as I discussed at the State of the University, we're writing a new chapter in the book of MSU. We're working together to enable a strong future for so many. So I want to thank everyone for what you do to create new possibilities for our students, state, nation, and world. And I am grateful to and once again salute all of you on your efforts. With that, I turn it back to the chair. Interim Provost Thomas Jeitschko Interim Provost Jeitschko gave the following remarks: Interim President Woodruff and I are just back from a very exciting University Innovation Alliance leadership alignment for innovation retreat with other UIA presidents and provosts. I hope most of you are familiar with the work we do with the UIA, even though you might not know that necessarily. One thing I learned that was completely apart from that, was that I appeared to be pretty quick to adapt. This was in Arizona, and it was a very disappointing mid-fifties temperature. Indeed, I was shivering most of the time and now I come home into the upper thirties in the sunshine and I find this very warm. I'm comfortable. So the group is recognized nationally for sort of data-driven successful initiatives around student success. And in particular focus also on students from underrepresented backgrounds, low income, and first-generation students; knowing full well that fostering their success really elevates the successes of all of our students. We were one of the founding members, now about a decade ago, and tremendous work has been done by this group. They are oftentimes recognized as a path break in this space and I'm really excited. It was also exciting to be with these people, to hear that even within this group, MSU was oftentimes considered a path breaker. And that's also exactly where our confidence comes in, from being able to achieve our 2030 strategic planning targets of having an 86% graduation rate. And I also want to acknowledge this is an institutional effort and it comports very well with our mission, but I also want to thank specifically the many people on campus whose careers are devoted to student success and looking at exactly these initiatives and our liaisons also to the University Innovation Alliance. The work they do is really tremendous, and it's recognized not only within that group but also nationwide. And so with that said, I hope that you all came off to a good start of the spring semester. I sent out an email early on, and I don't know whether you guys read those or not, so I'm going to recap and maybe get you interested and go back and read it if you haven't. I had four reminders that I sent out. One around educator resources for the semester, another one around professional development opportunities that we have coming up across campus and some modifications and clarifications around our religious observance policy. And then lastly, a call for the nominations for university distinguished professorships. That's due on April 10, by the way. And then I also shared in that email a little bit of updates around our Minutes January 24, 2023 academic strategic planning and stay tuned on that. Of course our academic advising initiative. There too, stay tuned. A lot is happening there in the colleges, and centrally as well, and good advances in capacity building in all of those areas. New things around the arts initiative that are very exciting as well coming together. And then also about our ethics initiative and I want to talk a little bit more about that, give some additional updates on the ethics initiative. You might know that this is intimately tied to our history, our recent history, the desire and the—perhaps one might also say the need for an ethics institute or refocusing on ethics here at our campus. And it really is a university-wide effort. It has the full support of Interim President Woodruff and broad support across all levels of the university. We have VPs engaged in this. We have deans engaged in this. We have faculty involved in this and we have staff involved in this. And in fact the really big push is coming from the faculty and staff level on a lot of these things. I hope some of you had an opportunity to engage in one of our two campus-wide ethics conferences. The most recent one was on ethics of big data and artificial intelligence. We had that on November 3, and we had over eighty participants and featured nineteen MSU flash talk presenters. We have monthly lunches and conversations that will be had that are both around ethics, but also around the ethics institute and what we want to do there. In fact, our conference closed with a discussion about big data and artificial intelligence around what might be the next steps for an ethics institute at MSU. For those of you who haven't been following this closely, let me just recap real quickly. This is really meant to be an institute that is institution-wide, so it's really a structure that has academic components to it in a more traditional way, including curriculum components. Where do ethics play a role in the curriculum? And how can we infuse and integrate ethics into our curriculum across all our disciplines? But it's also around institutional transformation and that's also why we have people from the non-academic side of the university heavily engaged and involved in this. Some of the stuff we're doing, I mentioned we have upcoming regular lunches of people who are interested in this, either content wise or the structure moving forward. In the short term, we're actually looking for—I'll probably post perhaps two fixed term assistant director positions or something along those lines I'm not sure exactly of the title, but people who can really start to get engaged in this space and put things together in anticipation of seeking an inaugural director. And we've been engaged internationally as well with other people that have ethics institutes, know this space, and know what's lacking. And I think we've identified areas that are lacking and that would be in particular importance here, including by the way the institutional transformation piece would be somewhat unique to MSU. So stay tuned, you'll hear much more about that. And those who want to learn a little bit more and catch a glimpse about it, let me point out the website that we have for this: it's simply ethics.msu.edu. So take a look at that if you get a chance and share thoughts that you have. Minutes January 24, 2023 In other news, I'm pleased that MSU will be receiving a $5 million grant from the MSU Research Foundation that's intended to advance our world class program in the plant sciences, and critical research in the mitigation of and the adaptation to global climate change. This was one of the things that President Woodruff also mentioned in the State of the University, something I'm very, very excited about. This grant complements investments from the university and the state of Michigan in the greenhouse complex and the proposed new plant and environmental science building. These are new upcoming initiatives that I think we should all be excited about. They are really one of the areas where we have such a strong history, but also where this is pointing into the future and where we will continue to be leaders. So this grant will enable us to continue the longstanding international leadership that we have in advancing research and initiatives in plant science and environmental and water quality, food security, climate change mitigation, and economic development throughout Michigan, but also in the global context. And the grant thereby also really aligns very well with the main elements and aspirations of the research pillar of the MSU 2030 strategic plan. And it fills the critical gaps not addressed by recent significant investments from the university and from the state of Michigan. So it really complements that and helps us out there. So, many thanks to the MSU Foundation for that generous grant. Another positive note, Samuel Sottile, an Honors College senior majoring in advanced mathematics in the College of [Natural Science] was recently named a Churchill Scholar, so I'm very excited for him. I'm also very excited for us and I also want to use that to brag a little bit. He's the eighteenth Churchill Scholar from Michigan State University and that places MSU in the top ten. Nationally we're tied in place seven, and number one in the Big Ten for Churchill Scholars this year. Sixteen Churchill Scholars were selected from 119 applicants and 77 institutions. And I am certain that all 119 applicants had outstanding credentials. So to be selected within that really is something special. The Churchill Scholarship supports one year of master's study at Churchill College at the University of Cambridge in England, so that will be very exciting for him. I'm sure the curiosity, determination, and unquestionable capabilities of Samuel, as he has demonstrated while a student here at MSU, make him the most deserving of this prestigious honor. So many congratulations and well wishes to him as he embarks on this next scholarly endeavor. Let me close by emphasizing something that we've talked a lot about last year and I want to touch on again and remind us as we're going into the spring. Faculty compensation is a really critical important priority of the provost's office. So that was the case when Interim President Woodruff was in this office and that is something that I continue to believe in very strongly as well. So that is one of our most important priorities, doing what we can in the short run, but also recognizing that this will be a long run process. And I think that comports also with the faculty requests from last year that we're pointing also towards longer term efforts. So this priority will remain front and center at all times and Minutes January 24, 2023 over time as part of a multi-year effort. I'm hoping that all of our efforts also can sort of lead into this. And President Woodruff had also mentioned our engagement with the state on appropriations that I hope will also help there. But regardless of what our financial circumstances are, it will be prioritized. It is something that is very important to us. So thank you for your time and looking forward to working with you this spring. Executive Vice President for Health Sciences Norman J. Beauchamp EVPHS Beauchamp gave the following remarks: Shout out to all on the State of the University address, it really was an inspirational summary of the work of so many. I thought our interim president really carried the theme of gratitude and impact and it was really uplifting. I also want to shout out Chairperson Kelly-Blake and Vice Chairperson Anthony if they ever tire of being transformative scholars and faculty governance leaders their commanding video presence suggests career and a documentary production would be effective. MLK Jr. made so many really important calls to action, health and justice central to that. We held our annual symposium that reminds and reinforces the work to be done to address health disparities. Particularly compelling here at MSU was the ability to focus on how social disparities impact both human and animal health. And we discussed mechanisms to address these disparities. We also held an event with the National Minority Quality Forum in Flint on MLK Jr. Day. The event provided free colon cancer [screenings], health screenings, and vision testing. It was offered in the historic Berston Fieldhouse in downtown Flint. It was attended by community leaders, the mayor, representatives of the Cancer Moonshot, and MSU public health. Early detection is so central to overcoming the disparities in cancer outcomes, as you all know, and this is a major emphasis of the sustainable health initiative. The partnership with McLaren continues to grow stronger, particularly here in Lansing. Our shared center for women's imaging is being highly successful in its work in early detection of breast cancer. It aligns with our efforts for early-stage detection, both here and across the state, but also the effort to ensure the best available care is locally available care. Disconcerting news was the announcement of the acquisition of Sparrow by the University of Michigan. I meet every other week with leaders at Sparrow and many of our faculty are core providers and educators there. We're all surprised by this news, particularly given repeated statements as recently as the month before that Sparrow would never allow itself to be acquired. We frequently asked for opportunities if that was to be the case. Importantly, we'll continue to partner with Sparrow, but we also need to ensure that the needs of our students, faculty, staff, and very importantly the health of our community remains assured. We are lemons to lemonade people. And over the last week we've had meetings weeks with leaders of all of our health system partners, including a dinner this evening with leaders from McLaren. We're actively doing this work. I have reached out to Minutes January 24, 2023 Tyler to coordinate a time to speak with all of you about Sparrow. We had a town hall in the health sciences on the topic, but this is of campus community relevance and I'm working closely with the president and others as we respond. I'm also seeking an opportunity to present to all of you on the partnership with Henry Ford Health. It was a relationship in part sought because of the predictable consolidations occurring in healthcare nationally and a realization that our ability to sustain our missions of education, research, and clinical care would benefit from a deeper partnership. Recent news with Sparrow, I think, supports that it was important work to do. The effort is bringing great returns already. In February there will be twenty grants going out from Henry Ford Health that are to the NIH (National Institutes of Health). There will be twenty from MSU. And of these researchers, a hundred of them that were within the Henry Ford Health System now have MSU faculty appointments and their grants will accrue to MSU and our combined entity. Finally, and President Woodruff touched on this, as we go into 2023 our cities, our neighbors, confront an ongoing surge in violent crime. The U.S. gun homicide rate is twenty-six times higher than other high-income countries and half of these homicides take place in just 127 cities. Attainable should be annual reductions year over year in homicides and not the continual increase we're seeing. And I think it's just a call to action for us. As I was reflecting on the sustainable health pillars and the goals, really, MSU should be a partner in going directly at this and setting an institutional priority to try to lessen these unnecessary deaths. And I know there's so much work, but I think bringing focus to this and urgency is something we should do. Faculty Senate Chairperson Karen Kelly-Blake Chairperson Kelly-Blake gave the following remarks: On January 11, we welcomed the new members of the Board of Trustees Dennis Denno and Sandy Pierce and congratulated the new chair, Trustee Vassar. We look forward to working with this new board to serve the best interests of our institution. However, we need to be clear about the relationship between the faculty and the Board of Trustees. The faculty is the university's most valuable asset, and we have a responsibility to speak out when the board is acting in ways that prioritize its members' interests over those shared by the MSU community. For example, the board is continuing the Quinn Emanuel review interfering in academic matters, wasting hundreds of thousands of dollars in attorney's fees—at last count, over $550,000—and acting with its trademark lack of transparency. The community needs to understand the scope of the review and its results. The board's silence has given certain media outlets the opportunity to pedal conspiracy theories about nonexistent plotting and scheming, further damaging the university's credibility and the wellbeing of the people who serve it. The MSU Board of Trustees must do and be better. The board did pass a resolution to give the chair the authority to hire a board training consultant. This comes well past the deadline in our resolution, but we welcome movement Minutes January 24, 2023 in this area. As we all know, professional development and board training is essential for the success of the Board of Trustees. MSU employees are committed to excellence in all that we do, and are to be commended for their remarkable work and commitment to the institutional mission. We expect no less from our Board of Trustees. A couple of reminders. The twenty-0third annual Dr. William G. Anderson lecture series, Slavery to Freedom: An American Odyssey, sponsored by the College of Osteopathic Medicine will welcome three dynamic speakers: Marley Dias, Dr. Angela Davis, and Dr. Freeman Hrabowski. February 2, February 9, and February 23, respectively. Please check out the COM website for more information. There is an open call for "Food Fight!" an exhibition exploring food sustainability for the next CoLab Studio exhibit. CoLab is a division of the MSU Museum, "Food Fight!" will explore issues related to food security and the economic relationships humans have with food. Please consider responding to the call on the MSU Museum website. The Center for Gender in Global Context is hosting a colloquium to spotlight the research of Dr. Sarah Prior and Dr. Brooke de Heer on campus sexual violence. Dr. Sarah Prior and Brooke de Heer will discuss their recent book, Campus Sexual Violence: A State of Institutionalized Sexual Terrorism, published in 2022. Discussion and conversation will follow. The event will be held on Friday, January 27, 2023, from 1:30 to 3:30 p.m. Please find the event link on the GenCen website. Lastly, a more sobering turn to the recent mass killings in California. The predominantly Asian and Asian American community in Monterey Park was terrorized while celebrating the Lunar New Year, a celebration of renewal, health, long life, and prosperity. People attending two different venues were shot. Eleven killed and ten injured according to gun violence archive. Thirty-nine mass shootings echoing what the president already told us. Thirty-nine mass shootings have already occurred in the U.S. in 2023. A mass shooting is where at least four people are killed or injured. Thirty-nine and it is January 24. Seven Chinese farm workers were killed in Half Moon Bay, California. Eighteen people dead in three days. And why? The sun rises and someone gets shot in America. We are always only minutes from the next mass shooting. Thoughts and prayers are the usual offering. Thoughts and prayers don't stop domestic terrorism, bullets, antiAsian violence, racism, oppression, marginalization, isolation, ignorance, and it sure doesn't stop an overwhelming inability to recognize each other as human. So what are we left with? We are left with a decision. We either continue to sit on our hands and be numbed by the killing or we speak up, we speak out, we show up in the streets, in legislative chambers, we make calls, we write emails, we write editorials and commentaries. We shout. Enough is enough. We do what EVP Beauchamp just indicated. MSU can be a leader in taking the charge in this space. We reclaim our humanity and that of our neighbors. If we don't. If we don't, then what does any of this matter? Minutes January 24, 2023 Bereavement Policy (2223-07) University Committee on Faculty Affairs Chairperson Jamie Alan introduced the proposed revisions to the Bereavement Policy which had previously been endorsed by UCFA at its November 29, 2022 meeting. UCFA Chairperson Jamie Alan moved that the Faculty Senate endorse the proposed changes. Following discussion, the motion was adopted by a vote of 58 to 0. Develop Proposed Procedures for Faculty Involvement in the Presidential Search [2223-22] The Bylaws for Academic Governance state, in section 188.8.131.52. "The University Council shall propose procedures to the Board of Trustees for the participation of faculty and students in the selection of the President." Faculty Senators discussed the composition of the search committee, the process for choosing faculty to sit on the search committee, and the possible timeline of the search. Following this discussion, members agreed by consent that senators should solicit feedback from their constituents regarding how they want faculty to be involved in the upcoming presidential search. Diversity, Equity, and Inclusion Efforts at MSU Vice President Bennett discussed how these strategic priorities are chosen for implementation, specifically how the university utilizes DEI subcommittees and action plans. He informed the Faculty Senate of recent projects such as an inclusive language guide and training for academic search committee members. Vice President and Chief Diversity Officer Jabbar Bennett spoke to the committee about diversity, equity, and inclusion efforts at MSU. He gave a description of the strategic priorities guiding DEI initiatives and provided an overview of how those priorities are being implemented at a university-wide level. Adjournment The meeting adjourned at 4:52 p.m. _______________________ Tyler Silvestri Secretary for Academic Governance Approved: February 21, 2023 January 24, 2023 Minutes \| Attendance \| \| \|---\|---\| \| Present \| 66 \| \| Absent \| 6 \| \| Total \| 72 \| \| Quorum \| 37 \| \| Constituency/Title \| Name \| \| \|---\|---\|---\| \| Academic Specialists \| Megan Stevenson \| Present \| \| Agriculture and Natural \| \| \| \| \| Cedric Gondro \| Present \| \| Resources \| \| \| \| Agriculture and Natural \| \| \| \| \| Cimberly Weir \| Present \| \| Resources \| \| \| \| Agriculture and Natural \| \| \| \| \| Lorraine Weatherspoon \| Present \| \| Resources \| \| \| \| Agriculture and Natural \| \| \| \| \| Satish Joshi \| Present \| \| Resources \| \| \| \| Agriculture and Natural \| \| \| \| \| Dale Rozeboom \| Absent \| \| Resources \| \| \| \| Arts and Letters \| Brahim Chakrani \| Present \| \| Arts and Letters \| Danielle DeVoss \| Present \| \| Arts and Letters \| Kate 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Present \| \| Music \| Guy Yehuda \| Present \| \| Music \| Tasha Warren \| Present \| \| Natural Science \| Aaron Odom \| Present \| \| Natural Science \| Francois Greer \| Present \| \| Natural Science \| Thomas Hamann \| Present \| Minutes January 24, 2023 \| Constituency/Title \| Name \| \|---\|---\| \| Natural Science \| Min-Hao Kuo \| \| Nursing \| Gayle Lourens \| \| Nursing \| Katherine Dontje \| \| Osteopathic Medicine \| Jason Bazil \| \| Osteopathic Medicine \| Jacek Cholewicki \| \| Osteopathic Medicine \| Kin Sing Lee \| \| Osteopathic Medicine \| Terrie Taylor \| \| Residential College in \| \| \| \| India Plough \| \| the Arts and Humanities \| \| \| Residential College in \| \| \| \| Eric Aronoff \| \| the Arts and Humanities \| \| \| Social Science \| Laurie Bulock \| \| Social Science \| Peilei Fan \| \| Social Science \| Raymond Jussaume \| \| Social Science \| Pilar Horner \| \| University Committee on \| \| \| \| Jack Lipton \| \| Academic Governance \| \| \| University Committee on \| \| \| \| Alison Dobbins \| \| Curriculum \| \| \| University Committee on \| \| \| \| Jamie Alan \| \| Faculty Affairs \| \| \| University Committee on \| \| \| \| Susan Barman \| \| Faculty Tenure \| \| \| University Committee on \| \| \| \| Anne-Lise Halvorsen \| \| Graduate Studies \| \| \| University Committee on \| \| \| \| Jeffrey Tsang \| \| Student Affairs \| \| \| University Committee on \| \| \| \| Daryl Thompson \| \| the Libraries \| \| \| University Committee on \| \| \| \| Antoinette Tessmer \| \| Undergraduate Education \| \| \| Veterinary Medicine \| Sean Crosson \| \| Veterinary Medicine \| Stephan Carey 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A case study test of Araki’s physical model of geomagnetic sudden commencement M. M. Lam and A. S. Rodger British Antarctic Survey, Natural Environment Research Council, Cambridge, England, U.K. Abstract. This paper tests the Araki [1994] computational model of the Earth–ionosphere system during geomagnetic sudden commencement (sc). In particular, we test the model’s ability to predict the signs of the preliminary and main impulses, given the latitude and the magnetic local time (MLT), using a case study of an sc which occurred at 0949 UT on November 22, 1997. Data from a global network of magnetometer stations and from satellites are used. Model predictions compare well with the case study data at high latitudes (above $\sim 72^\circ$N Altitude Adjusted Corrected Geomagnetic Coordinates (AACGM)), less well for lower latitudes, particularly on the nightside. In addition, the position of the footprints of the field–aligned currents (FACs) associated with the sc ground signature varies with MLT, contrary to the model. Data from satellites in polar and geostationary orbits suggest that the FACs for both the preliminary and the main impulses map to gradients in magnetospheric plasma concentration, such as the outer radiation belt and the plasmapause. 1. Introduction Sudden changes in the solar wind dynamic pressure, caused by interplanetary shocks and discontinuities, can give rise to the phenomenon known as the geomagnetic sudden commencement (sc), in which a clear onset is observed almost simultaneously (usually within minutes) everywhere within the magnetosphere and on the ground. Araki [1994] provides the simplest description and most comprehensive explanation of the ground magnetic signature due to a geomagnetic sudden commencement. Araki also presents the results of a computational model which calculates the magnetic disturbance at the Earth’s surface due to the sc current system. The aim of our work is to test Araki’s computational model against a case study which makes use of magnetometer and satellite data. In Araki’s conceptual model, the field–aligned currents (FACs) of the preliminary impulse map out to regions of significant gradient in plasma concentration and magnetic field; however, this is not reflected in his computational model, where the latitude of the FACs is set to a constant $75^\circ$N Corrected Geomagnetic Coordinates (CGM) in the ionosphere. We present evidence that FACs map to both the poleward boundary of the outer radiation belt and to the plasmapause. Moretto and Yahnin [1998] have made similar suggestions regarding the mapping of FACs associated with observations of traveling convection vortices (TCVs). Similarly, Slinker et al. [1999] find that the ionospheric FACs, in a global three–dimensional MHD simulation of the Earth’s response to a solar wind density pulse, map to a radial distance of $\sim 7 \ R_E$ in the equatorial plane, well away from the magnetopause and the low–latitude boundary layer (LLBL). The evolution of the sc and its ionospheric signature are strongly controlled by the wave propagation characteristics of the inhomogeneous magnetospheric structure in this simulation. In section 1.1 we review the theoretical ideas and observations related to sc’s presented by Araki [1994]. We then examine (section 1.2) the computational model of Araki [1994] and its predictions. In section 2 we present a case study of an sc event and compare it directly with predictions from the Araki computational model. In particular, we concentrate on the distribution of the sign of the preliminary and the main impulses with magnetic latitude and magnetic local time (MLT). We use Defense Meteorological Satellite Program (DMSP) satellite data to select the most appropriate statistical auroral oval for our case study. National Oceanic and Atmospheric Administration (NOAA) satellite data are used to locate the high–energy ion–trapping boundary at one point on the nightside and at one on the dayside. Data from the Los Alamos National Laboratory (LANL) 1994 geostationary satellite are used to find the position of the plasmapause close to dusk. The latitudes of the oval, the ion–trapping boundaries, and the plasmapause in the ionosphere are compared to the observed latitude for the footprints of the FACs associated with the case study event. In section 3 we consider the evidence provided by the case study in support of the proposition that the field-aligned currents for both the preliminary and main impulses of the sc ground signature map to gradients in the magnetospheric plasma concentration. Section 4 contains our conclusions. 1.1. Araki’s [1994] Conceptual Model of sc’s Araki’s [1994] conceptual model of sc’s results from a large number of observations and theoretical ideas in the literature. Araki [1994] summarizes the observations on the ground of an sc onset for an increase in solar wind dynamic pressure as follows (the signature is reversed for pressure decrease): The signature of the sc in the $H$ component of the magnetic field consists of two successive pulses with opposite senses at high latitudes, the first is known as the preliminary pulse (PI) and the second is known as the main impulse (MI). If PI is positive, it is termed a preliminary positive impulse (PPI), and if it is negative, it is termed a preliminary reverse impulse (PRI). At auroral latitudes a positive pulse precedes a negative one in the morning, and the sign of the pulses is reversed in the afternoon. For the polar cap the situation is the other way round, with the positive pulse preceding the negative in the afternoon and the negative pulse being first in the morning. At middle and low latitudes the waveform of the $H$ component becomes increasingly like a ramp, still retaining the two–pulse structure with the amplitude of the pulses decreasing with decreasing latitude. At the equator the two–pulse structure is present on the dayside but absent on the nightside, which experiences at most a PPI. Araki’s [1994] proposal is that the variety of forms for the sc signature, as measured by the magnetic field on the surface of the Earth, derives from three signals which each vary with MLT and latitude in a fairly simple way. Araki divides the sc signature close to the Earth’s surface into two parts: $$D_{sc} = DL + DP.$$ (1) In the case of a stepwise increase in the solar wind dynamic pressure, $DL$ is a “dc–like” step up in the magnetic field, and $DP$ is a two–pulse signal. The two–pulse signal is itself proposed to be made up of the sharp preliminary impulse and the following main impulse: $$DP = DP_{pi} + DP_{mi}.$$ (2) When the magnetosphere is compressed by a shock wave in the solar wind, the dawn–to–dusk magnetopause electric current increases to a value $J_M$. The current produces an increase of the magnetic field in the magnetosphere, and the magnetospheric plasma responds by producing a dusk–to–dawn polarization current $J_p$. The force $J_p \times B$ produces a compression of the magnetospheric plasma which propagates earthward as a fast–mode compressional hydromagnetic wave. The northward magnetic field is increased inside the current loop formed by the magnetopause and polarization currents. When the wave front reaches the ionosphere, the polarization current $J_p$ is converted to a westward conduction current, the Earth current is induced in the same direction, and the magnetic $H$ component begins to increase on the ground. This increase, referred to by Araki [1994] as $DL$, is caused by the entire current system flowing on the magnetopause and in the magnetosphere, the ionosphere, and the Earth. At points where there is a sufficient gradient in the magnetospheric plasma concentration and the magnetic field, the fast–mode compressional wave is converted into an Alfvén wave which, accompanied by an FAC, flows along field lines into the ionosphere on the duskside and out of the ionosphere on the dawnside. The circuit is completed in the ionosphere by twin–vortex currents, which, in the Northern Hemisphere, flow in a clockwise direction in the afternoon and in an anticlockwise direction in the morning. Since this current system has been deduced from measurement of the magnetic disturbance produced on the ground, both the ground magnetic response and the equivalent current system are labeled as $DP_{pi}$, even though the magnetic response on the ground is produced by more than just the currents flowing in the ionosphere. The main impulse, $DP_{mi}$, is a result of the adjustment of the magnetosphere to its new compressed state. A transient convection electric field is produced in the dusk–to–dawn direction, which is associated with a pair of FACs flowing into the dawn ionosphere and out of the dusk ionosphere (in the opposite sense to the $DP_{pi}$). A twin–vortex current system of the $DP$ 2 type, which has the opposite sense to the preceding $DP_{pi}$ current system, is produced in the ionosphere and is a large contributor to the main impulse field, $DP_{mi}$, on the ground. The signal for both the preliminary and main impulses in the polar ionosphere propagates as an electromagnetic wave to the equator via the Earth-ionosphere waveguide. 1.2. The Computational Model of Araki [1994] Araki [1994] designed a simple computational model from the conceptual ideas presented in section 1.1. In the computational model, a pair of FACs, C1, associated with the $DP_{pi}$ field, flow into (out of) the afternoon (morning) polar ionosphere symmetrically about the noon meridian. The footprints of C1 move along the 75°N CGM latitudinal circle from noon to the eveningside and morningside, their intensities varying from zero to a maximum and then back to zero over a period of 9 min. The movement of the footprints of the FACs C1 is designed to produce the effect of the solar wind discontinuity moving down the flanks of the magnetopause: The continuous generation of fast–mode waves which intersect a gradient in plasma concentration and magnetic field first close to noon and then at MLTs ever closer to dusk and dawn, causes Alfvén wave and FAC production to also move from noon to dawn and dusk. A second pair of FACs, C2, responsible for $DP_{mi}$, begins to flow into (out of) the morning (afternoon) polar ionosphere 4.5 min after the first set of FACs do so. The footprints of the currents C2 are fixed at 0840 and 1520 MLT and at $75^\circ$N CGM, and their intensities vary in a similar manner to those of C1. The values for the parameters are chosen by Araki so that the model displays the general characteristics of the worldwide distribution of sc fields. The method of calculation is as follows: The global distribution of ionospheric currents associated with $DP_{pi}$ and $DP_{mi}$ is found using the continuity equation on a thin shell ionosphere with realistic conductivities. The ground magnetic fields produced by the ionospheric currents and FACs are calculated using the Biot–Savart law. A time-dependent value for the $H$ component of $DL$ is added to the $H$ component of the magnetic disturbance, $DP$. Note that the latitude of the footprints of the FACs for $DP_{pi}$ in the computational model is a constant, which is unlikely to reflect Araki’s proposal that the FACs map out to a plasma concentration gradient in the magnetosphere. Detailed results of this model are available from the thesis of Araki’s student, [Osada, 1992], there being just a summary of the model and its results in Araki’s [1994] paper. The $H$ component of the ground magnetic field is presented in Figure 5 of Osada’s [1992] thesis, reproduced here as Figure 1. It gives the total signal, $D_{sc}$, the ramp $DL$, and the transient signal, $DP$, for a selection of latitudes and MLTs. In Osada’s study a limited investigation into the dependence of the model results on the latitude of the FACs demonstrates that the latter determines the latitude at which reversal takes place between the sc signal displaying a PPI and a PRI. For the dayside in Araki’s computational model the $H$ component magnetic field changes sign at a latitude of $75^\circ$N CGM, which is the source current region. We shall concentrate on whether the distribution of the sign of $DP_{pi}$ in the model matches that for our case study data. Figure 2a shows the sign of the $H$ component of $DP_{pi}$, as a function of geomagnetic latitude and MLT, as given by Figure 1, for midlatitudes to high latitudes. The $H$ component of $DP_{pi}$ is positive for auroral latitudes in the morning, and for the polar cap in the afternoon and elsewhere it is negative. We know where the latiFigure 2. A map of geomagnetic latitude versus MLT showing the sign of the $H$ component of $DP_{pi}$ according to (a) Araki’s [1994] model and (b) the case study magnetometer data. The poleward and equatorward edges of the statistical auroral oval are marked by the upper and lower dotted curves. They are selected using the central plasma sheet/boundary plasma sheet (CPS/BPS) boundaries just before the event (marked by an asterisk). The ion–trapping boundary for the energy range 30–80 keV just before the event is marked “b”, and that for just after is marked “a”. A position for the plasmapause is marked by “p”. The positions of magnetometer stations Hankasalmi (HAN), Narssarssuaq (NAQ), Gillam (GIL), and S. Stromfjord (STF) are marked and labeled. The main difference between the model of Araki and that of Tsunomura and Araki is that in the latter, the FACs span the whole of magnetic local time and are at a maximum at 0600 and 1800 MLT, while in the former they merely span the dayside and are a maximum at 0900 and 1500 MLT. Given that the boundaries in Araki’s model are therefore probably displaced at least an hour or two toward the nightside from the MLT of maximum intensity, they are identified as lying at 0730 and 1630 MLT ± 90 min. 2. A Case Study In this section, data are presented for a case study of an sc event which occurred at ∼ 0949 UT on November 22, 1997. For all data, altitude-adjusted corrected Table 1. Signature of Solar Wind Discontinuity in the Magnetic Field for Satellite Data\textsuperscript{a} \| Satellite \| Position, $R_E$ \| Magnetic Field, nT \| UT \| Region \| \|-----------------\|-----------------\|---------------------\|----\|--------\| \| \| Name \| Before \| After \| \| \| ACE Wind \| 209,-50.8 \| -2.5,2 \| -5,14.6 \| 0906 \| SW \| \| GOES 8 \| 181,-5.32 \| -2.5,-3 \| -8.2,-15 \| 0914 \| SW \| \| GOES 9 \| -1,-6,-2 \| -20,63,70 (96) \| -24,43,70 (86) \| 0949 \| MS \| \| Interball Tail \| -6,-2,-2 \| -1,11,50 (51) \| -17,4,37 (41) \| 0949 \| MS \| \| Geotail \| -10,-6,-10 \| -36,-6,-11 (38) \| -66,-13,-20 (70) \| 0950 \| MS \| \| \| -21,-15,3 \| 11,5,9 (15) \| 16,13,18 (27) \| 0953 \| MS \| \textsuperscript{a}SW, solar wind; MS, magnetosphere; ACE, Advanced Composition Explorer. GOES 8 and 9 are at 0507 and 0050 MLT, respectively. geomagnetic (AACGM) coordinates and MLTs are calculated from geographic latitude, geographic longitude, and altitude using an algorithm based on both the Definitive Geomagnetic Reference Field (DGRF) and the International Geomagnetic Reference Field (IGRF) models, available from the National Space Science Data Center (NSSDC) at http://nssdc.gsfc.nasa.gov/space. Satellite data from the magnetosphere verify that a step increase in the dynamic pressure launches a wave traveling at a velocity consistent with that of the fast mode. Data from satellites in polar and geostationary orbits are used to test whether the latitude of the FACs for the preliminary impulse maps to regions of plasma concentration gradients in the magnetosphere, where the fast–mode wave may convert to the Alfvén mode. Data from 60 magnetometer stations are used to form a map of the sign distribution of $DP_{pi}$, which is compared to that for Araki’s [1994] model. 2.1. Satellite Data On November 22, 1997, the satellite Wind (see Table 1) for the location) recorded a fourfold step–like increase in the solar wind dynamic pressure, $P = m_i n_i \|V_x\|^2$, which, according to the 3–s resolution data, occurred during an interval of $\sim 9$ s. The increase in pressure can be seen close to 0913 UT in Figure 3, marked by the vertical dotted line labeled “(i)”. From the top the fields in Figure 3 are the following: the $x$ component of the solar wind ion velocity, $V_x$; the ion number density, $n_i$; and the three components of the interplanetary magnetic field (IMF), $B_x$, $B_y$, and $B_z$. The coordinate system for the magnetic field in Figure 3 is GSM. For the 30 min preceding the step increase in pressure, the IMF is constant at $\sim (-1,5,0)$ nT. Between 0914 and 0922 UT each component of the IMF varies by at least 6 nT. This is the signature of the discontinuity in the solar wind which causes an sc at the Earth. The vertical dotted lines labeled “(ii)” and “(iii)” mark a minimum in IMF $B_z$ and a northward turning in IMF $B_x$, respectively. Table 1 gives the positions of six satellites and the magnetic field which their Figure 3. Solar wind data as provided by the Wind satellite. From the top the panels are the following: the $x$ component of the solar wind ion velocity, $V_x$; ion number density, $n_i$; and the three components of the interplanetary magnetic field (IMF), $B_x$, $B_y$, and $B_z$. The coordinate system is GSM. The vertical dotted lines mark the times at which there are a step in the solar wind dynamic pressure, “(i)”, a minimum in the IMF $B_z$, “(ii)”, and a change from southward to northward IMF $B_z$, “(iii)”. Table 2. Particle Boundaries From Satellite Data$^a$ \| Satellite \| UT \| Geographic Coordinates, deg \| AACGM \| MLT \| Symbol in Figure 2b \| \|-----------\|------\|-----------------------------\|-------\|-----\|---------------------\| \| \| \| Latitude \| Longitude \| Latitude \| \| \| \| F–12 \| 0940 \| 77 \| 36 \| 73 \| 1343 \| * \| \| F–13 \| 0946 \| 67 \| 322 \| 72 \| 0835 \| * \| \| N–12 \| 0940 \| 81 \| 61 \| 76 \| 1508 \| b \| \| N–14 \| 1001 \| -73 \| 215 \| 69 \| 0301 \| a \| \| L–94 \| 0949 \| 0 \| 103 \| 69 \| 1631 \| p \| $^a$AACGM, Altitude–Adjusted Corrected Geomagnetic Coordinates; F–12 and F–13 are Defense Meteorological Satellite Program (DMSP) satellites; N, NOAA; L–94, LANL 1994. Instruments measure directly before and after the passage of the discontinuity. The numbers in brackets are the magnitudes of the magnetic field. The changes in magnetic field are observed over a period of 10 min or less. The coordinate system in Table 1 is GSM, with the position in units of $R_E$. The last column gives the region of geospace occupied by the satellite. At the Advanced Composition Explorer (ACE) satellite and at Wind there is at least a doubling in the magnitude of the magnetic field which mostly results from an increase in $B_y$. The remaining satellites are in the magnetosphere, mostly on the nightside. They see a response in the magnetic field between 0949 and 0952 UT, within minutes of the onset time on the ground. The changes in the magnetic field data in the magnetosphere take 2–3 min. The event propagates from the Geostationary Operational Environmental Satellite (GOES) 8 to Geotail in $\sim 3$ min, which is consistent with the signal being propagated at the magnetospheric fast–mode velocity ($\sim 1000 \text{ km s}^{-1}$). The magnetic fields at Interball Tail and Geotail, at 10 and 21 $R_E$ tailward of the Earth, simply double in magnitude but do not change direction significantly. GOES 8 and 9, both 6.6 $R_E$ from the Earth, observe a slight decrease in magnitude of the magnetic field due to the compression and intensification of the ring current. The tail of the magnetosphere is dramatically changed by the discontinuity in the solar wind while the inner magnetosphere is relatively unaffected. The NOAA 12 and 14 and DMSP polar–orbiting satellites and the LANL 1994 geostationary satellite are used in this study to identify particle boundaries, as has been done by Moretto and Yahnin [1998]. The position of the equatorward boundary of the statistical auroral oval lies close to the central plasma sheet/boundary plasma sheet (CPS/BPS) precipitation boundary. This boundary is identified in DMSP satellite data systematically using the Newell et al. [1991] boundary identification scheme. The CPS/BPS boundaries at 0940 and 0946 UT, just before the sc, are presented in Table 2 (satellites F–12 and F–13, respectively) and are marked in Figure 2b using an asterisk. The poleward and equatorward edges of statistical auroral ovals for an activity level of $Q=2$ [Holzworth and Meng, 1975] are superposed on Figure 2b. The AACGM coordinates and MLTs of the boundaries are accurate to within $\sim \pm 1^\circ$ and $\pm 30$ min, respectively. The count rate as a function of AACGM latitude, for ions within the energy range 80–250 keV and 30–80 keV, measured using the medium–energy proton and electron detector (MEPED) aboard the NOAA 12 polar–orbiting satellite, is shown in Figures 4a and 4b. Figure 4c shows the peak particle energy for ions with energy less that 20 keV as measured by the total energy detector (TED). The boundaries for the count rate are defined as an order of magnitude drop in intensity from the equatorward to the poleward side. The boundary signature in the peak energy is, moving poleward, a sharp drop in value, accompanied by an increase in the noisiness of the signal. The ion–trapping boundaries, as determined by visual inspection using these definitions, are marked in Figure 4 by vertical dotted lines. For ions in the energy range 80–250 keV (Figure 4a), there is a local maximum in the count rate at $\sim 69^\circ$N. Between 69° and 71°N there is a rapid fall in the count rate with latitude. There is not quite a full order of magnitude drop in intensity; nevertheless, we can locate the ion–trapping boundary at $\sim 70.5^\circ$N, where there is a change in the gradient and noisiness of the signal. In Figure 4b there is a magnitude fall between a local maximum and minimum in the count rate between 74° and 76°N, therefore 76°N is taken to be the ion–trapping boundary for the energy range 30–80 keV. It is easy to spot the boundary signature in the peak energy at $\sim 77^\circ$N (Figure 4c). From the scale on the $x$ axis one can deduce that the accuracy of the AACGM latitude is to within $\sim \pm 1^\circ$. The MLTs of the boundaries are accurate to within $\sim \pm 30$ min. Table 2 contains the positions of ion–trapping boundaries in the energy range 30–80 keV before and after the sc, as derived from NOAA 12 and 14 satellite data, respectively. A value for the ion–trapping boundary in the Northern Hemisphere for NOAA 14 has been calculated from the value in the Southern Hemisphere assuming geomagnetic conjugacy. The ion–trapping boundaries before and after the sc, for the energy range 30–80 keV, are plotted in 2.2. Magnetometer Station Data We examined the response from 60 magnetometer stations worldwide, from the International Monitor for Auroral Geomagnetic Effects (IMAGE), the Canadian Auroral Network for the OPEN Program Unified Study (CANOPUS), the Magnetometer Array for Cusp and Cleft Studies (MACCS), the UK Sub–Auroral Magnetometer Network (SAMNET), the $210^\circ$ Magnetic Meridian ($210^\circ$ MM), and the Greenland (western and eastern) magnetometer arrays. The stations are in the latitude range $50^\circ–82^\circ$N AACGM and cover a wide range of MLTs, as shown in Figure 2b, where they are identified by plus and minus signs (whose significance is discussed later). The magnetometer data sets vary in their temporal resolution from 5 s to 1 min. Either the daily mean or the quiet level has been subtracted from the data. Unfiltered data are presented, but filtered data have been examined to help determine the signs of $DP_{pi}$ and $DP_{mi}$. Data are usually available either in geographic ($X$, $Y$, and $Z$) or geomagnetic ($H$, $D$, and $Z$) coordinates. To be consistent with Araki [1994] we examine the $H$ component of the magnetometer data; $X$ component data have been converted into $H$ component using the declination values given by the data providers. Examples of the ground magnetometer response, in the $H$ component of the magnetic field, to the sc at 0949 UT on November 22, 1997, are shown in Figure 5, using the stations Hankasalmi (HAN), Narssarssuaq (NAQ), Gillam (GIL), and S. Stromfjord (STF), respectively. The positions of these stations are marked using their code letters on Figure 2b. These stations have been chosen in order to illustrate the appearance of the sc when it is and is not obscured by other signals. The vertical line “(i)” marks the onset of the sc, some 36 min after Wind measures the step in the solar wind dynamic pressure. The other vertical lines in Figure 5 mark when 36 min has elapsed after the minimum in IMF $B_z$, “(ii)”, and the northward turning in IMF $B_z$, “(iii)”, are detected at the Wind satellite (lines “(ii)” and “(iii)”, respectively, in Figure 3). The magnitude of $DL$ is too small, relative to $DP$, at any of the magnetometer stations to be measured. At Hankasalmi (Figure 5a), a PRI is detected at 0949 UT, immediately followed at 0952 UT by a positive MI. The latter is partially masked by a marked increase in the eastward convection which occurs between 0956 and 1000 UT owing to the decrease in IMF $B_z$. The convection falls off between 1010 and 1040 UT, in response to the increase in IMF $B_z$. At Narssarssuaq (Figure 5b), intense wave activity commences at the time of the sc, which mainly consists of a decaying sine wave of period 40 min superposed on an oscillation with a period of $\sim 2–3$ min. This makes it difficult to measure $DP_{pi}$ and $DP_{mi}$. By examining the response of stations close to NAQ and by using a 2–3 min band–pass filter in addition to a 15–min high–pass filter, it is possible to determine that the sign of $DP_{mi}$ is positive and that $DP_{pi}$ is likely to be negative (there is, Figure 5. Examples of the $H$ component of the ground magnetometer response at 0949 UT on November 22, 1997. The magnetometer stations concerned are (a) HAN, (b) NAQ, (c) GIL, and (d) STF. Their positions are marked in Figure 2b. At HAN and GIL the main impulse merges into the signal of the increased convection due to the decrease in IMF $B_z$. At NAQ, wave activity accompanies the sc onset, and at STF, $DP_{pi}$ and $DP_{mi}$ are easily distinguished from the background signal. MI, so that it would appear that the FACs associated with the main impulse for our case study event map out to the same region of the magnetosphere as those for the $DP_{pi}$. We only have significant amounts of data on the nightside in the region from 2300–0600 MLT. $B_z$ is relatively constant before the step up in solar wind dynamic pressure, $P$. Since $DP_{pi}$ lasts, on average, a maximum of 2–3 min, the relatively moderate variation in $B_z$ which occurs during the 5 min after the step increase in $P$ is unlikely to affect the distribution of $DP_{pi}$ with latitude and MLT strongly. Table 3 compares the results of Araki’s [1994] model (Figure 2a) with the observations of the case study here (Figure 2b). Early morning, late morning, early afternoon, and late afternoon are taken to be roughly from 0000–0600, 0600–1200, 1200–1800, and 1800–2400 MLT, respectively. One major difference between the model and the observations is in the value of the separatrix between high and lower latitudes. In the model it is at 75°N CGM in the late morning and early afternoon, but the data indicate that it lies between $\sim 55^\circ$–$66^\circ$N and 72°N AACGM. Table 3 demonstrates that at high latitudes (above $\sim 72^\circ$N AACGM) there is good agreement at all MLTs except late afternoon, when there are no observational data. However, at lower latitudes the model does not appear to perform so successfully. The most obvious discrepancy is in the early morning, and the only certain agreement is in the early afternoon. At other times the data coverage is sparse, and any conclusion must be treated with care. Section 3 provides a few comments on these comparisons. 3. Discussion In Araki’s [1994] model, the latitude of the FACs is taken to be a constant and somewhat arbitrary 75°N CGM, which may be thought to be the typical location of the open/closed field line boundary. However, the observations show good correspondence between the latitude of the ion–trapping boundary for 30–80 keV (“b” in Figure 2b) and the latitude at which the change in sign occurs for $DP_{pi}$ and $DP_{mi}$ at 1400 MLT. The ion–trapping boundary can provide a good location for mode conversion of a fast mode into an Alfvén mode wave which would be subsequently field–aligned guided into the ionosphere. Therefore it is suggested that the location of the FACs in the afternoon is associated with mode conversion at the ion–trapping boundary, consistent with the suggestion of Moretto and Yahnin [1998]. Although there are no data for this case study, the ion–trapping boundary in the morning sector may be less distinct as ions drift westward and may be lost through the dayside magnetopause into the magnetosheath. Therefore the absence of the reversal at similar latitude can be explained. A sign reversal is observed at lower latitudes in the morning sector (between 55° and 66°N AACGM). This could be associated with the second region where fastTable 3. Comparison of the Sign of $DP_{pi}$ Between Araki’s [1994] Model and the Case Study for High Latitudes, Above 72°N AACGM, and for Lower Latitudes \| \| Early Morning \| Late Morning \| Early Afternoon \| Late Afternoon \| \|------------------\|---------------\|--------------\|-----------------\|----------------\| \| High Latitude \| Y \| Y \| Y \| ... \| \| Lower Latitude \| N \| N/? \| Y \| N/? \| aFor Araki’s [1994] model, see Figure 2a. For the case study see Figure 2b. Y, agreement; N, disagreement; ?, uncertain. mode wave conversion is likely, namely, the plasmapause, being another region where there is a steep refractive index gradient. Our single measurement of the plasmapause (labeled “p” in Figure 2b) shows that there may also be good correspondence between the latitude of the plasmapause at the time of the sc and the latitude at which the change in the sign of $DP_{pi}$ occurs at $\sim 1630$ MLT. There is a bulge in the plasmapause near the equatorial plane at around dusk, which means that here the plasmasphere may partially coincide with the radiation belt and that the plasmapause will lie well below 69°N for prenoon MLTs. So, the change of sign for $DP_{pi}$ and $DP_{mi}$ between 0700 and 1200 MLT, which occurs somewhere between 55° and 66°N AACGM, could map out to the plasmapause. The latitude of the change of sign of $DP_{pi}$ and $DP_{mi}$ is just equatorward of the ion–trapping boundary just before the event, for the energy range 30–80 keV (“b” in Figure 2b). The ion–trapping boundary after the sc event (“a” in Figure 2b) is just below the latitude of the sign change for $DP_{pi}$. This is consistent with the increase in convection due to the drop in IMF $B_z$ just after the sc event. So at $\sim 0300$ MLT, FACs may map out to the outer radiation belt. Overall, the data suggest that the FACs for both the preliminary and the main impulse are related to several different gradients in plasma concentration such as the plasmapause and the poleward boundary of the outer radiation belt. As regards the latter, FACs may map out to a region within the ion–trapping boundary (30–80 keV) and close to the CPS/BPS precipitation boundary. The large difference between the model and the observations in the late evening and early morning is difficult to explain. Given that the $B_z$ component of the IMF becomes more negative, one might expect the magnitude of the $DP$ 2 current system to increase. Indeed, there is increasing evidence that there is an almost instantaneous response on the nightside ionosphere to changes in the IMF [see Ridley et al., 1998; Lockwood and Cowley, 1999 and references therein]. However, the positive displacement between 2300 and 0300 MLT is not in the correct sense for an increase of the $DP$ 2 current system. Although the explanation for the positive displacement remains elusive, it is interesting to note that the boundary between positive and negative disturbances lies at $\sim 70°N$ AACGM, which is close to the poleward edge of the auroral oval. This would be where a further ion–trapping boundary occurs, and thus there is again a good probability for fast–mode wave conversion. In this section, limited evidence has been discussed to suggest that all the sign reversals of the $DP_{pi}$ and $DP_{mi}$ occur at latitudes where there is likely to be steep gradients of the refractive index of the fast–mode wave. These boundaries are the ion–trapping boundary near noon, the dayside plasmapause, and the nightside ion–trapping boundary. The data examined in this study do not extend to low enough magnetic latitudes to test whether the plasmapause on the nightside is another region where mode conversion is to be observed. 4. Conclusions The case study event fits the criteria for the sc model specified by Araki [1994]: The source of the sc is a simple step–like increase in the solar wind dynamic pressure, and the resulting compression of the magnetic field propagates earthward at roughly the fast–mode wave velocity. The sc ground magnetic signature was detected globally and, to within a few minutes, simultaneously at $\sim 0949$ UT. Araki’s [1994] model does not include some of the phenomena that are observed in our data set, such as the wave activity observed at NAQ. The observed sign for $DP_{pi}$ and $DP_{mi}$ as a function of geomagnetic latitude and MLT corresponds well to that predicted by the computational model at high latitudes but not so well for lower latitudes, especially on the nightside. We conclude that if the FACs for the preliminary and main impulses were not confined to the dayside in the model but were extended into the nightside, then the model results would be closer to those for this particular case study. Of course, in practice the FACs may not resemble the idealized line currents in the model, and the conductivity is different for every event. The case study data are consistent with Araki’s conceptual picture of fast–mode waves being converted to Alfvén waves at plasma concentration gradients in the magnetosphere. Until the physical explanation of the differences between the model and observations is clear, we do not wish to propose modifications to Araki’s model. Acknowledgments. We would like to thank the Coordinated Data Analysis Web (CDAWeb) for access to ACE, Wind, Interball, GOES, LANL, and Geotail satellite data and to the following for providing satellite magnetometer data: N. Nees at Bartol Research Institute (ACE), S. Kokubun at STELAB, Nagoya (Geotail), H. Singer at NOAA SEC (GOES), S. Romnanov at Space Research Institute, Russian Academy of Science (Interball Tail), R. Lepping at NASA GSFC (Wind). We thank K. Ogilvie at NASA GSFC for Wind plasma data, D. McCormas at LANL for LANL 1994 MPA data, I. R. Mann and D. K. Milling for the SAMNET data (SAMNET is a PPARC national facility deployed and operated by the University of York), D. Murr for the MACCs data (MACCS array is run by Boston University and Augsburg College and supported by the National Science Foundation’s Magnetospheric Physics Program), J. Watermann at the Danish Meteorological Institute for the Greenland Magnetometer data, K. Shiokawa at STELAB, Nagoya, for the 210 MM magnetometer data, P. Newell for the classified DMSP satellite data, NOAA, and A. Kadokura at NIPR for the NOAA 12 and 14 satellite data, and S. Osada for permission to publish Figure 5 from his thesis. The CANOPUS instrument array was constructed and is maintained and operated by the Canadian Space Agency for the Canadian scientific community. We thank the institutes who maintain the IMAGE magnetometer array and the PI institute for IMAGE, the Finnish Meteorological Institute. Michel Blanc thanks Hermann Opgenoorth and Tohru Araki for their assistance in evaluating this paper. References Araki, T., A physical model of the geomagnetic sudden commencement, in Solar Wind Sources of Magnetospheric Ultra–Low–Frequency Waves, Geophys. Monogr. Ser., vol. 81, edited by M. J. Engebretson, K. Takahashi, and M. Scholer, pp. 183–200, AGU, Washington, D. C., 1994. Holzworth, R. H., and C.–I. Meng, Mathematical representation of the auroral oval, Geophys. Res. Lett., 2, 377–380, 1975. Lockwood, M., and S. W. H. Cowley, Comment on “A statistical study of the ionospheric convection response to changing interplanetary magnetic field conditions using the assimilative mapping of ionospheric electrodynamics technique” by A. J. Ridley et al., J. Geophys. Res., 104, 4387–4391, 1999. Moretto, T., and A. Yahniin, Mapping travelling convection vortex events with respect to energetic particle boundaries, Ann. Geophys., 16, 891–899, 1998. Newell, P. T., S. Wing, C.–I. Meng, and V. Sigillito, The auroral oval position, structure, and intensity of precipitation from 1984 onward: An automated on-line database, J. Geophys. Res., 96, 5877–5882, 1991. Osada, S., Numerical calculation of the geomagnetic sudden commencement, M. S. thesis, Fac. of Sci., Kyoto Univ., Kyoto, March 1992. Ridley, A. J., G. Lu, C. R. Clauer, and V. O. Papitashvili, A statistical study of the ionospheric convection response to changing interplanetary magnetic field conditions using the assimilative mapping of ionospheric electrodynamics technique, J. Geophys. Res., 103, 4023–4039, 1998. Slinker, S. P., J. A. Fedder, W. J. Hughes, and J. G. Lyon, Response of the ionosphere to a density pulse in the solar wind: Simulation of traveling convection vortices, Geophys. Res. Lett., 26, 3549–3552, 1999. Tsunomura, S., and T. Araki, Numerical analysis of equatorial enhancement of geomagnetic sudden commencement, Planet. Space Sci., 32, 599–604, 1984. M. M. Lam and A. S. Rodger, British Antarctic Survey, Natural Environment Research Council, High Cross, Madingley Road, Cambridge CB3 0ET, England, U.K. ([email protected]; [email protected]) (Received April 10, 2000; revised September 12, 2000; accepted September 12, 2000.)	<urn:uuid:436c0a92-089a-47c3-a005-1c950ad27550>	CC-MAIN-2018-51	https://core.ac.uk/download/pdf/67652.pdf	2018-12-12T20:05:58Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-51/segments/1544376824115.18/warc/CC-MAIN-20181212181507-20181212203007-00446.warc.gz	566,735,878	9,491	eng_Latn	eng_Latn	0.962411	eng_Latn	0.991172	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	true	docling	[ 4476, 10356, 12647, 14079, 17761, 23310, 26426, 29865, 35174, 38907 ]
THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI NAMO NARAIN MEENA): (a) Reserve Bank of India (RBI) vide its circular DBOD, No.BL.BC.65/22.01.001/2009-10 dated December 1, 2009, has permitted all Scheduled Commercial Banks, (excluding Regional Rural Banks) to open branches in Tier 3 to Tier 6 centres (with population upto 49,999 as per Census 2001) without having the need to take permission from Reserve Bank of India in each case, subject to reporting. Further, banks have been permitted to open branches in rural, semi urban and urban centres in the North Eastern States and Sikkim, without prior permission from the Reserve Bank of India. At present Reserve Bank is not considering issuing new licenses to smaller banks. (b) to (d) The banking reforms are undertaken by the Government and RBI on a regular basis and is a continuous process. Reserve Bank of India, in its Annual Policy Statement for the year 2009-10, has reviewed the presence of foreign banks in India. In view of the current global financial market turmoil, there are uncertainties surrounding the financial strength of banks around the world. In view of this, it is considered advisable, for the time being, to continue with the current policy and procedures governing the presence of foreign banks in India. Impact of strengthening of Rupee 2036. SHRI JESUDASU SEELAM: DR. T. SUBBARAMI REDDY: Will the Minister of FINANCE be pleased to state: (a) whether economic recovery is pushing up value of rupee against dollar which might affect country’s export sector, which is going through tough time due to slowdown in global economy; (b) whether rupee has appreciated by around Rs. 1.75 per dollar in last fortnight of October around Rs. 46.25 on back of high industrial production of over 10 per cent and huge inflow of foreign institutional investors fund in stock market; (c) whether according to a report expectation that the Reserve Bank of India (RBI) would tighten monetary policy following two recent interest rate hikes by Reserve Bank of Australia has affected dollar which in turn provided an impetus to the rupee; and (d) if so, to what extent strengthening of rupee has impacted recovery of export sector? THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI NAMO NARAIN MEENA): (a) There is no one to one relationship between nominal exchange rate movement and trade flows since the latter depends on a number of factors. (b) No Sir, the reference rate of US dollar and Indian rupee was at Rs.45.91 per US dollar on October 15, 2009 and increased to Rs.46.96 per US dollar as at end-October 2009, reflecting a depreciation of 2.2 per cent during the last fortnight of October 2009. However, rupee appreciated by 3.7 percent in October 2009 over September 2009. (c) Reserve Bank of India (RBI)'s monetary policy stance is calibrated based on the emerging domestic and external environment, without any specific bearing on the actions of the central banks of other nations. (d) Exports are dependent on many factors. Even though the rupee appreciated by 3.7 percent, exports performed better in October 2009 at (-) 6.6 percent compared to September 2009 at (-) 13.8 percent. Fall in bank credit 2037. SHRI MOINUL HASSAN: Will the Minister of FINANCE be pleased to state: (a) whether it is a fact that growth in bank credit has dropped to single digit level; (b) if so, the details thereof; (c) what is the performance of nationalized bank in this regard; and (d) what action Government proposes to take to improve the situation? THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI NAMO NARAIN MEENA): (a) and (b) Yes, Sir. The year-on-year growth in bank credit by Scheduled Commercial Banks (SCBs) as on 6th November, 2009 was 9.8 per cent as compared to 27.7 per cent during the corresponding period of the previous year. (c) According to the Reserve Bank of India (RBI), as on 23rd October, 2009, credit growth on year-on-year basis for public Sector Banks (PSBs) was 14% compared to 1.8% for private sector banks and (-) 16.3% for foreign banks. (d) The RBI has been taking necessary steps through its monetary policy to provide an enabling environment for credit growth. With increase in economic growth including growth in manufacturing sector, credit growth is expected to pick up further in the coming months. Levying of user charges by SBI 2038. SHRIMATI JAYA BACHCHAN: Will the Minister of FINANCE be pleased to state: (a) whether the State Bank of India (SBI) has started levying pass book updation charge, fee for depositing cash at branches other than the one where the account is opened, cheque book charge, minimum balance charge etc.; (b) if so, the reasons therefor; (c) whether the bank is thus depriving the customers of whatever little rates of interest it pays; (d) whether it is causing hardships to senior citizens and pensioners necessitating them to visit their branch to escape these charges;	<urn:uuid:0c05b6b1-88cf-4504-8d47-17aa82f1a443>	CC-MAIN-2024-22	https://rsdebate.nic.in/bitstream/123456789/290057/1/IQ_218_08122009_U2036_p81_p82.pdf	2024-05-23T17:50:07+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-22/subset=warc/part-00239-4dd72944-e9c0-41a1-9026-dfd2d0615bf2.c000.gz.parquet	432,002,471	1,153	eng_Latn	eng_Latn	0.991107	eng_Latn	0.991221	[ "eng_Latn", "eng_Latn" ]	false	docling	[ 2768, 4953 ]
Delivers over 11,000 Amps at the electrode tips Liquid cooling system Maximum tip pressure 410 daN at 7 bar Advanced Inverter technology for boron alloys and advanced high strength steels Digitally controlled programmable weld settings for producing factory quality welds Multi-language display and instructions Backlit LCD display for programmable selection Comes with two and a half arm sets and a weight bearing retractable pulley EMF shielded cables optional (Electromagnetic radiation requirements are above the 2004/40/CE European Directive and pr EN505005 & 50445) State of the art technology at your finger tips Control panel display Example display: - 410daN [C] 100% - 11000A 320ms Tip pressure confirmation: 410daN Power setting: 11,000A Weld time selection: 320ms Percentage of power selected: 100% Easy to operate with: - 6 Pre-programmed tool selections - 4 Memory slots - LCD display - Language selection keypad Arrows for quick adjustment of power and weld time Separate switches for disabling power and/or the cooling system On board system diagnostics Technical information Nominal input power: - 208-230V / 3-Phase - 60A Slow blow - 380-415V / 3-Phase - 32A Slow blow - 440-480V / 3-Phase - 40A Slow blow Secondary short-circuit maximum current (RMS).................. 11,000A Frequency................................................................. 50Hz/60Hz Welding frequency..................................................... 2,000Hz Welding cable Ø/length.............................................. 136mm/2,5m (8') Cooling system (cable, arms and cap)............................ Liquid Nominal operating temperature................................. 30°C (86°F) Tip pressure at 7bar (100psi)....................... 410 daN (922lbf) (120mm arms set) Clamp weight (without arms)................................. 6,4kg (14lb) Weight................................................................. 180kg (397lb) Accessories - 120mm Straight arms set (04PS8012) - 330mm 1/2 Offset arms set (04PS8033) - 330mm 1/2 Offset arm (04PS8032) - 330mm Dog noze arms set (04PS8034) - Optional - 470mm Straight arms set (04PS8047) - Optional - 230mm Crocodile type arms set (04PS8021) - Optional - 470mm Full Offset arms set (04PS8041) - Optional - Fender electrodes set (04PS8022) - Optional Complete single side welding and dent pulling package included	<urn:uuid:000b8012-8165-4ff9-bc0a-54ee9d8381c9>	CC-MAIN-2022-40	http://www.snaponequipment.com/common/documentation/brochures/blackhawk/welding/ss143395-cps700.pdf	2022-09-27T16:28:18+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2022-40/subset=warc/part-00207-26160df0-1827-4787-a515-95ecaa2c9688.c000.gz.parquet	100,980,548	615	eng_Latn	eng_Latn	0.760982	eng_Latn	0.777556	[ "eng_Latn", "eng_Latn" ]	false	docling	[ 628, 2429 ]
EUROPEAN COMMISSION Brussels, 26.7.2012 COM(2012) 413 final 2012/0201 (COD)C7-0202/12 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). In relation to the adoption of Regulation (EU) No 182/2011, the Commission made the following statement: "The Commission will proceed to an examination of all legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty, in order to assess if those instruments need to be adapted to the regime of delegated acts introduced by Article 290 of the Treaty on the Functioning of the European Union. The Commission will make the appropriate proposals as soon as possible and no later than the dates mentioned in the indicative calendar annexed to this declaration 1 ." In this context Regulation (EC) No 1100/2007 needs to be aligned with the new rules of the TFEU. Powers currently conferred upon the Commission by that Regulation should be reclassified into delegated and implementing powers. The Commission should therefore be empowered to adopt delegated acts to take measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes. Likewise the Commission should be empowered to adopt implementing acts concerning the approval of Eel Management Plans by the Commission on the basis of technical and scientific data. Article 9(3) provides for adoption by the Council of alternative measures to achieve escapement target levels. The current text therefore confers the power to amend this nonessential element of the Regulation on the Council. Such decision making procedure is no longer possible under the TFEU and that provision should be deleted. Article 1(2) of the Regulation has become obsolete as it was established by Commission Decision 2008/292/EC of 4 April 2008 2 that the Black Sea and the river systems connected to it did not constitute a natural eel habitat for European eel for the purposes of the Regulation. That provision should therefore be deleted. In addition, Article 3 of the Regulation has become obsolete as Commission Decision 2009/310/EC of 2 April 2009 3 approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to prepare an Eel Management Plan. 1 OJ L 55, 28.2.2011, p.19 3 OJ L 91, 3.4.2009, p. 23 2 OJ L 98, 10.4.2008, p. 14 There are no pending requests for exemption from that obligation. That provision should therefore be deleted. 2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS There was no need for consultation of interested parties or for impact assessment. 3. LEGAL ELEMENTS OF THE PROPOSAL - Summary of the proposed action The main legal action is to identify the powers conferred upon the Commission in Council Regulation (EC) No 1100/2007 and to classify these as delegated or implementing powers. - Legal basis Article 43(2) of the Treaty on the Functioning of the European Union. - Subsidiarity principle The proposal falls under exclusive competence of the European Union. - Proportionality principle The proposal amends measures which already exist in Regulation (EC) No 1100/2007, therefore no concern on the proportionality principle arises. - Choice of instrument Proposed instrument: Regulation of the European Parliament and of the Council. Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation. 4. BUDGETARY IMPLICATION This measure does not involve any additional Union expenditure. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee, After transmission of the draft legislative act to the national Parliaments, Acting in accordance with the ordinary legislative procedure, Whereas: (1) Council Regulation (EC) No 1100/2007 4 confers powers upon the Commission in order to implement some of the provisions of that Regulation. (2) As a consequence of that entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1100/2007 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union. (3) In order to apply certain provisions of Regulation (EC) No 1100/2007, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of taking measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes. (4) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. (5) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. 4 OJ L 248, 22.9.2007, p. 17. (6) In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 1100/2007 concerning the approval of Eel Management Plans by the Commission on the basis of technical and scientific data, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers 5 . (7) The Commission will not be in a position to report to the European Parliament and the Council on the measures concerning restocking, including the evolution of market prices by 1 July 2011, due to late transmission by some Member States of the relevant information. The deadline for this report should therefore be postponed to 31 December 2012. (8) The current text of the Regulation concerning the power to adopt alternative measures for the achievement of escapement targets confers this power to amend this nonessential element of the Regulation on the Council. As such decision making procedure is no longer possible under the TFEU, the provision concerned should be deleted. (9) It was established by Commission Decision 2008/292/EC of 4 April 2008 6 that the Black Sea and the river systems connected to it did not constitute a natural eel habitat for European eel for the purposes of the Regulation. Therefore Article 1(2) of the Regulation has become obsolete and should be deleted. (10) Commission Decision 2009/310/EC of 2 April 2009 7 approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to prepare an Eel Management Plan. There are no pending requests for exemption from that obligation. Therefore Article 3 of the Regulation has become obsolete and should be deleted. (11) Regulation (EC) No 1100/2007 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1100/2007 is amended as follows: (1) In Article 1, paragraph 2 is deleted. (2) Article 3 is deleted. (3) In Article 5, paragraph 1 is replaced by the following: 5 OJ L 55, 28.2.2011, p.13 7 OJ L 91, 3.4.2009, p. 23 6 OJ L 98, 10.4.2008, p. 14 "1. The Eel management plans shall be approved by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 12b(2)" (4) In Article 7, paragraphs 6 and 7 are replaced by the following: "6. In the event of a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes, the Member State concerned shall inform the Commission. The Commission, by means of delegated acts adopted in accordance with Article 12a and in order to address the situation, may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2. 7. The Commission shall, not later than 31 December 2012, report to the European Parliament and the Council and evaluate the measures concerning restocking including the evolution of market prices." (5) In Article 9, paragraph 3 is deleted. (6) The following Articles 12a and 12b are inserted: "Article 12a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of powers referred to in Article7(6) shall be conferred for an indeterminate period of time. 3. The delegation of powers referred to in Article 7(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 7(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council. Article 12b Committee procedure 1. The Commission shall be assisted by the Committee for Fisheries and aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply." Article 2 This Regulation shall enter into force on the 20 th day following that of its publications in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the European Parliament The President For the Council The President	<urn:uuid:49884360-090d-4bb2-acd5-cfd49bad33ab>	CC-MAIN-2017-43	http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0413/COM_COM(2012)0413_EN.pdf	2017-10-23T15:29:47Z	s3://commoncrawl/crawl-data/CC-MAIN-2017-43/segments/1508187826114.69/warc/CC-MAIN-20171023145244-20171023165244-00848.warc.gz	461,311,947	2,540	eng_Latn	eng_Latn	0.82538	eng_Latn	0.963509	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 276, 3111, 4291, 6133, 8448, 10790, 11493 ]
1. 7:00 P.M. CALL TO ORDER – BOE PRESIDENT JACKIE BERRYMAN PLEDGE OF ALLEGIANCE MEETING ROLL CALL – BOARD CLERK LARRY ROTH [X] Jackie Berryman [ ] Dixie Blankenship [X] Maria Cornejo [X] David Peck [X] Angie Ratcliff [X] Dena Martens [ ] Bob White 2. REVIEW AND ADOPTION OF AGENDA David Peck moved, seconded by Dena Martens to approve the agenda. Motion carried 5/0 3. RECOGNITION OF PATRONS Adrian Young – Mr. Young from Wellington High School representing the Crusader Way accompanied the following students presenting their community service projects to the Board of Education: Austin Nefzger & Lupita Chandler – Bully/Busters (bullying prevention) Cajen Shorev & Kody Nuss – Helping a senior citizen in need. Kailey Klein – Animal Adoption Drive Orian Brown – Hunger Game – (food drive) Isabella Fanning & Connie Stowell – Donation drive for the Humane Society Peyton Adams – Fitness Awareness/Education Some of the goals of the program are to teach life skills such as organization, leadership, public speaking, time management, and community awareness. Comments from Public: Individuals are reminded that comments are limited to three minutes, and all comments should avoid specific reference to specific students or personnel. Comments during the board discussion will not be recognized unless solicited from the board or administration. 4. CONSENT AGENDA (READ BY CLERK) A. Approval of November 10, 2011 USD 353 Board of Education Meeting Minutes with the following change: 9. WHS WEIGHTED GRADE POLICY PROPOSAL David Peck moved, seconded by Maria Cornejo to approve the weighted grade policy as presented [and will begin with the Freshman class 2012-2013]. Motion carried 6/0. B. Approval of Bills, Transfers, Bank Reconciliation & other Finance items from the Business Office: Bills – $911,305.15 Payroll – $603379.36 Transfers: At-Risk: $83,339.31 Vocations: $32,352.59 C. Personnel Items, Employment Recommendations -To accept following resignations: Nicholle Blake – Para Educator – Wellington Middle School Kira Hutchen – Para Educator – Roosevelt Education Center D. WHS Early Completer Recommendation (see G.) E. WHS Fund Raiser Projects: Group: Crusader Way Class Type and Dates for Fund Raiser: Food Drive December 4, 2011, 2 p.m. to 4 p.m. Location: First Southern Baptist Church Purpose: Collect food for Wellington Food Bank Sponsor: Mrs. DeFore Group: Wellington FFA Type and Dates for Fund Raiser: Fruit and Meat Sale October – November 2011 Location: In school and community Purpose: Raise funds to help cover costs of hotelss, travel for students attending FFA competitions, conferences and conventions. Sponsor: Linda Chase Group: Wellington FFA Type and Dates for Fund Raiser: Plant Sale – April – May 2012 Location: FFA Greenhouse Purpose: Raise funds to pay for next years horticulture class expenses. Money raised pays for the soil, seeds, fertilizer, pots and cuttings that the class needs in order to have hands on experience with the horticulture industry. Sponsor: Linda Chase Group: Crusaders of the Stage Type and Dates for Fund Raiser: Harry Potter Marathon Celebration November 26, 2011 9 a.m. to Noon (Approximate time) Location of Fund Raiser: High School Commons and Auditorium Purpose: Raise money for Thespians Conference and CFL Nationals Trip Sponsor: Dorathea Kelly Group: WHS National Honor Society Type and Dates for Fund Raiser: Toys for Tots Dance/Angle Tree – December 9, 2011 Location of Fund Raiser: Wellington High School Commons Purpose: To raise money for the Angle Tree at Wal-Mart and to also donate Toys for Tots for this Christmas. NHS will not be keeping any money all proceeds will be donated. Sponsor: Luke Smith Group: WHS SADD Type and Dates for Fund Raiser: Donations – December 9 to December 16, 2011 Location of Fund Raiser: WHS Purpose: Raise funds for Larissa Murphy’s family Sponsor: Katie Frankie Group: WHS SADD Type and Dates for Fund Raiser: Candy Cane Sales – December 9 to December 16, 2011 Location of Fund Raiser: WHS Purpose: Raise money for prom favors and SADD account Sponsor: Katie Franke Group: WHS Women’s Basketball 20011-2012 Type and Dates for Fund Raiser: Selling T-Shirts during the 2011-2012 season Location of Fund Raiser: WHS/Wellington Area Purpose: To buy team sweats and travel bags (if sufficient funds are raised) Sponsor: Kevin Hackerott F. Acceptance of Donation as District Property Donation: 4 Weight Room Racks, 4 Bars and 4 sets of Bumpers (weights) in the amount of $9,500.00 From: Crusader Club to WHS Weight Room Facility When: Fall of 2011-12 School Year Donation: $10,000 for weight lifting equipment From: Wellington Recreation Commission to WHS Weight Room Facility When: Fall of 2011-12 School Year G. Early Completion Application – WHS To approve Shelby Wiens application for the early completion program at WHS. H. Approval of Technology Program Articulation Agreement between WHS and Pittsburg State University – This is a continuation of an agreement that has been in place with the Industrial Technology Department at WHS and Pittsburg State University. Consent Agenda Action: David Peck moved, seconded by Maria Cornejo to approve the Consent Agenda. Motion carried 5/0. 5. OPTIONS TO START WEIGHTED CLASSES & RANKINGS AT WHS David Peck moved, seconded by Maria Cornejo to approve the addition to the WHS weighted class plan as addressed at the Board of Education meeting in order to address college classes taken by WHS students to begin for Juniors in the 2012-2013 school year. Motion carried 5/0 All Honors, Advanced Placement and college classes taken at WHS campus and are completed during the fall and spring semesters will be awarded “weighted” credit whereas an A=5.0 points, B=4.0 points, C=3.0 points, D=2.0 points and an F=0 points in calculating grade point average. Those classes would include: - Honors English 9, 10, 11, 12 - Honors Physical Science - Honors Biology - Advanced Placement American History - Honors US Government - Honors World History II - College Algebra - Honors Statistics - English Composition I & II - General Psychology - Principles of Sociology - Public Speaking This list will be reviewed/updated at the start of school each year and presented for approval to the BOE. Any exceptions to this policy must be requested in writing to the high school administration in advance of enrollment by the student in the class for which the additional “weight” is being requested. “Weighted” grade point averages will be used in determining class rank, valedictorians/salutatorians, top 10% and upper quartile for the graduating class. It is also used to determine WSU Presidential Scholars and KU Honors Scholars. Time frame implementation: Incoming juniors for the 2012-2013 school year would have the above classes “weighted.” “Weighted” classes would be given an additional point to count toward the grade point average and will be awarded as follows: - A = 5 points - B = 4 points - C = 3 points - D = 2 points - F = 0 points 6. BOARD RETREAT KASB Associates Dr. Doug Moeckel and Mr. Paul Getto have been contacted regarding the proposed board retreat tentatively scheduled for some time in February of 2012. It was suggested by the KASB that Dr. Moeckel would be better suited for vision and strategic planning and Mr. Getto for policy and other related matters. Angie Ratcliff moved, seconded by Maria Cornejo to move forward with the USD 353 Board of Education retreat, to focus on vision and strategic planning, and to be scheduled in accordance to KASB facilitator’s schedule. Motion carried 5/0. 7. USD 353 BOARD OF EDUCATION WORK SESSION At the November meeting a comment was made about contacting the WRC about the use of the old Jr. High Building. If there is a development it is being suggested that Wednesday, January 18, 2012 be scheduled as the date for the work session with the location as the board meeting room and the time to begin at 4:00 p.m. No binding action was taken. 8. PIONEER LEAGUE MUSIC FESTIVAL AT WMS David Peck moved, seconded by Dena Martens to approve use of Wellington Middle School facilities for the Pioneer League Music Festival on May 2, 2012 with students released for the day and teachers remaining on duty. Motion carried 5/0. 9. REQUEST TO USE PROFESSIONAL LEAVE FOR COACHING CONFERENCE The request is from Jesse Dale, Head Baseball Coach at WHS. Coach Dale will be attending the American Baseball Coaches Association National Convention in Anaheim, California January 5 – 8 2012. It was requested that Coach Dale use Friday, January 6, 2012 as a Professional Leave day. Thursday, January 5, 2012 will be a Personal Day leave. Maria Cornejo moved, seconded by David Peck to approve Head Baseball Coach Jesse Dale to attend the American Baseball Coaches Association National Convention in Anaheim, California January 5-8, 2012 and to allowed January 5, 2012 as Personal Day leave and January 6, 2012 as Professional Leave. Motion carried 5/0. 10. UPDATE ON FOOTBALL FIELD PRESS BOX Results from an informal coach’s poll and options for possible press box refurbishments were discussed as well as some possible aluminum seats/decking being made available. Initial review was that a remodeling would be sufficient with an expansion on each end of the bottom floor. More information is to follow for the January meeting. No binding action was taken. 11. ADMINISTRATOR REPORTS AND SUPERINTENDENT’S COMMENTS 12. BOARD COMMENTS AND CONCERNS 13. EXECUTIVE SESSION TO DISCUSS NON-ELECTED PERSONNEL At 8:12 pm David Peck moved seconded by Angie Ratcliff to go into executive session for 45 minutes for the purpose of discussing personnel matters of non-elected personnel and their contractual obligations because if this matter were discussed in open session it might invade the privacy of those discussed to include Jackie Glasgow, Rick Weiss, and Larry Roth. Motion carried 5/0 At 8:47 pm the open meeting was back in session with no binding action taken. At 9:00 pm Angie Ratcliff moved, seconded by David Peck to extend the executive session for 45 minutes for the purpose of discussing personnel matters of non-elected personnel and their contractual obligations because if this matter were discussed in open session it might invade the privacy of those discussed to include Jackie Glasgow, Rick Weiss, and Larry Roth. Motion carried 5/0 At 9:45 pm the open meeting was back in session with no binding action taken. 14. ADJOURNMENT At 9:46 pm Jackie Berryman adjourned the meeting. MERRY CHRISTMAS AND HAPPY NEW YEAR TO ONE AND ALL!	<urn:uuid:093e5606-fcbf-44b7-959c-45967ed11225>	CC-MAIN-2018-26	http://www.wellington.cc/public_files/boe_minutes_dec08_2011.pdf	2018-06-21T06:06:59Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-26/segments/1529267864039.24/warc/CC-MAIN-20180621055646-20180621075646-00036.warc.gz	533,617,014	2,580	eng_Latn	eng_Latn	0.973804	eng_Latn	0.98966	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	docling	[ 1352, 2819, 4753, 7409, 9539, 10643 ]
RO-FLEX 3000F Robot cable. Internal wiring for electronic components and outer connection. 導体シース色：黒 Sheath color : Black 例/Reference RO-FLEX 3000F 0.25mm 2 × 1P Refer to technical data. ※ケーブル特性については、巻末の技術データを参照して下さい。用途Application 1. 可動部 2. 信号線 3. 通信線 1. Constant movement 3. Communication line 特長Characteristics CE, UL, c-ULに適合しており1つのケーブルで国内及び多国の輸出に使用できます。又、設計の簡素化と在庫の低減につながり従来よりも効率の良い設計管理と在庫管理に最適です。このケーブルは『低電圧指令』2014/35/EUに適合しています。又、「RoHS指令」 2011/65/EUに適応しています。 RO-FLEX 3000F series enable to simplify the design and efficient storage for the reduction of costs due to CE, UL and c-UL approvals. The product is in conformity to Directive 2014/35/EU("Low voltage directive"). "Conformity to RoHS directive 2011/65/EU" 2. Signal line ■認証 APPROVAL 39 Recognition-Series *販売条長： 153m Standard length ： 153m （500Ft ） ※本カタログの許容電流値はエアーフリー・周囲温度30℃での値です。周囲温度によって、下記の補正係数を乗じてください。 The current carrying capacities of this catalog is a value at the ambient temperature 30 ※ ℃ in the air. ■温度減少係数 Temperature Correction Factor 40	<urn:uuid:51abc49a-2320-41e6-b715-3985406aa5a5>	CC-MAIN-2022-33	https://www.nichigoh.co.jp/product/pdf/RO-FLEX3000F.pdf	2022-08-08T19:08:06+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2022-33/subset=warc/part-00250-d466b69e-be2b-4525-ac34-1b10d57329da.c000.gz.parquet	825,339,298	410	eng_Latn	eng_Latn	0.527735	eng_Latn	0.527735	[ "eng_Latn" ]	false	rolmOCR	[ 1058 ]
Manteca Telephone Company, a corporation, and Sallie Kendall, an individual doing business under the name of Ripon Telephone Exchange, by the above entitled joint application, filed April 15, 1949, and by an amendment to the joint application, filed November 2, 1949, request authority to increase rates and charges applicable to exchange telephone service in the Manteca and Ripon exchanges located in San Joaquin County. The amendment to the application requested rates to provide an annual increase in gross revenue of $24,550 for Manteca and $10,600 for Ripon, based on operations for the year 1949. A public hearing was held in this proceeding before Examiner Wessells at Manteca on February 16, 1950. The Manteca exchange includes the incorporated City of Manteca and surrounding territory in San Joaquin County. The Ripon exchange includes the incorporated City of Ripon and surrounding territory in San Joaquin County contiguous to and generally southeast of the Manteca exchange. Both exchanges receive 24-hour telephone service, the Manteca exchange being served by means of six positions of manual common battery switchboard and the Ripon exchange being served by means of three positions of manual common battery switchboard. Some of the suburban lines in each exchange are still receiving magneto service. However, suburban lines are being converted to common battery operation from time to time. As of January 11, 1950, the Manteca exchange was serving 1,838 stations, all company-owned, and the Ripon exchange was serving 763 stations, 746 of which were company-owned and 17 subscriber-owned. Each exchange has experienced a rapid growth in the number of stations served, particularly since the end of 1945, when only 984 stations were served by Manteca and 432 by Ripon. The applicants' witness testified that construction and operating costs have increased and, in some cases, have even doubled and trebled since acquisition of the Manteca Company in 1940 and the Ripon Exchange in 1944; and that due to the resulting drop in net revenue, the companies were not earning a fair and reasonable rate of return. Exhibits introduced by the applicants and by a member of the Commission staff set forth the earning results for the year 1949. Applicants' amendment to the application contained a commercial survey and estimates of the results of operations for 1950 and 1951. A witness for the applicants testified that, due to causes beyond their control, the supporting data for the commercial survey and construction program could not be furnished, and that the applicants would make their showing on the 1949 figures. The record further shows that the applicants are proceeding with the development of data upon which to base estimates for the future and that applicants anticipated these estimates would support the rate increases requested. The earning results for 1949 are summarized in the following tabulation: \| Item \| Balance: \| Average: \| Rate: \| \|-----------------------------\|----------\|----------\|-------\| \| \| Revenues \| Expenses \| Net \| Rate Base \| of Revenue (Depr.) \| Return \| \| MANTECA \| \| \| \| \| \| \| \| Company (Exh. H. Page 2) \| $111,489 \| $107,637 \| $3,852\| $178,435* \| 2.16 \| \| \| 1949 Est., Present Rates \| \| \| \| \| \| \| \| Company (Exh. H. Page 3) \| $130,950 \| $112,502 \| $18,448\| $178,435* \| 10.34 \| \| \| 1949 Est., Co. Req. Rates \| \| \| \| \| \| \| \| Company (Exh. 4) \| $114,086 \| $106,665 \| $7,421\| $182,753* \| 4.06 \| \| \| 1949 Recorded \| \| \| \| \| \| \| \| Commission Staff (Exh. 13) \| $114,086 \| $106,665 \| $7,421\| $160,600 \| 4.62 \| \| \| 1949 Recorded \| \| \| \| \| \| \| \| 1949 Adjusted \| $113,606 \| $106,682 \| $6,924\| $165,300 \| 4.19 \| \| \| RIPON \| \| \| \| \| \| \| \| Company (Exh. H. Page 2) \| $44,318 \| $45,211 \| $(893)\| $83,334* \| - \| \| \| 1949 Est., Present Rates \| \| \| \| \| \| \| \| Company (Exh. H. Page 3) \| $52,737 \| $47,142 \| $5,596\| $83,334* \| 6.71 \| \| \| 1949 Est., Co. Req. Rates \| \| \| \| \| \| \| \| Company (Exh. 4) \| $46,519 \| $44,421 \| $2,098\| $66,059* \| 3.17 \| \| \| 1949 Recorded \| \| \| \| \| \| \| \| Commission Staff (Exh. 16) \| $46,519 \| $44,421 \| $2,098\| $69,700 \| 3.01 \| \| \| 1949 Recorded \| \| \| \| \| \| \| \| 1949 Adjusted \| $46,794 \| $42,638 \| $4,156\| $68,250 \| 6.09 \| \| (Red Figure) * Year End Rate Base. The principal difference between the applicants' and staff's rate of return for 1949 results from the fact that the applicants used a year-end rate base whereas the Commission staff used an average rate base, and the fact that the Commission made a number of adjustments to operating revenues and expenses based on information obtained during a field investigation, to adjust the figures for rate fixing purposes. For the Manteca exchange, the staff deducted from recorded operating revenues the $480 representing income from miscellaneous physical property; increased the recorded operating expenses by a net amount of $1,169 composed of $7,180 of additional salary expense for an accountant, additional clerical help, and other expenses required to enable the company to keep complete and accurate accounting and engineering records, and a reduction of $6,011 resulting from the capitalizing of motor vehicle expense and management salaries, a downward adjustment in management salaries, and adjustments based on an analysis of company accounts; and decreased the recorded depreciation expense $1,470 through the use of lower depreciation rates. For the Ripon exchange, the staff increased recorded operating revenues by $275 based upon an analysis of company accounts; decreased the recorded operating expenses by a net figure of $2,317 composed of a reduction of $5,377 resulting from the capitalizing of motor vehicle expense and management salaries, a downward adjustment in management salaries and traveling expense, and adjustments based on an analysis of company accounts, and an increase of $3,060 in salary expense for an accountant, additional clerical help, and other expenses required to enable the company to keep complete and accurate accounting and engineering records. The record shows that applicants own an apartment house adjacent to the central office at Manteca and another one adjacent to the central office at Ripon, the apartments being rented to telephone personnel only. For the purpose of this proceeding, these living quarters for employees have been included in the rate of return calculations. A careful review of the record in this proceeding leads to the conclusion that some increase in rates is justified. The exchange rates authorized herein are estimated to produce approximately $5,200 of additional gross revenue per year in the Manteca exchange, $300 of additional gross revenue per year in the Ripon exchange, and to result in a rate of return of approximately 6.05% for Manteca, 6.39% for Ripon, and 6.15% for the combined operations. The basic exchange rates have been in effect, with only minor revisions, since 1927 for Manteca and since 1920 for Ripon. The rates authorized in the following order leave the basic rates of the companies unchanged, except that in the Manteca exchange the rate for suburban business stations is increased 25 cents and the wall set differential is eliminated, and in the Ripon exchange the rates for business and residence farmer line service are each increased ten cents. The rate for business extension or private branch exchange hand or desk set stations is increased from $1 to $1.25, and the rate for private branch exchange trunks is increased from $4.50 to $5.25 in Manteca. Rates for certain items of supplemental equipment, off-premise mileage charges, installation charges of supplemental equipment, move and change charges, and service connection charges are increased and made identical for each company. Rates for reconnect charges and supersedure of service are discontinued, and the prompt payment discount provision of the Manteca rates is eliminated. Two parties testified as witnesses for the California Farm Bureau Federation, one representing residents of the southern portion of the Manteca exchange, and the other representing residents of the northeastern portion of the Ripon exchange. The testimony of each party was to the effect that telephone service was urgently needed in the area he represented, as evidenced by applications on file with the respective companies, and that the companies had not committed themselves to definite dates when service would be furnished. Under cross-examination, witness for applicants testified that construction projects to serve the areas in question would be engineered as soon as the commercial surveys, which are to be started immediately, are complete. However, no commitment for actual construction of the necessary outside plant was made. Applicants further testified that studies to determine the feasibility of converting each exchange to dial operation would be undertaken. In authorizing the rates set forth in the following order, the Commission will require the companies to proceed at once to make the commercial surveys and dial studies for each exchange, and to submit a construction program for the provision of the necessary facilities to serve waiting applicants. ORDER Manteca Telephone Company and Sallie Kendall, an individual doing business under the name of Ripon Telephone Exchange, having applied jointly to this Commission for an order authorizing increases in telephone rates and charges, a public hearing having been held, and the matter having been submitted for decision, IT IS HEREBY FOUND AS A FACT that the increases in rates and charges authorized herein are justified; therefore, IT IS HEREBY ORDERED as follows: 1. Applicants are authorized to file in quadruplicate with this Commission after the effective date of this order in conformity with General Order No. 96, the schedules of rates shown in Exhibit A attached hereto, and after not less than five days' notice to the Commission and to the public, to make said rates effective for service rendered on and after May 1, 1950. RATES The presently effective rates and conditions are changed as set forth in this exhibit. Schedule No. A-1, Individual and Party Line Service \| Desk or Hand Set Station \| Rate per Month \| \|--------------------------\|----------------\| \| Residence Service \| Business Service \| Manteca and Ripon Each Extension Station.......................... $1.00 $1.25 Wall set rate, same as desk - Manteca. Wall set rate, 25% less - Ripon. Eliminate rate for two-party residence service. Manteca Eliminate Special Condition No. 1. Ripon Revise conditions to provide for off-premise extension stations. Schedule No. A-4, Mileage Rates Manteca and Ripon File following schedule for each company: APPLICABILITY Applicable to service involving mileage charges. TERRITORY Throughout the whole area served by the Company. RATES \| Each One-Quarter Mile or Fraction Thereof Airline Measurement \| Rate per Month \| \|---------------------------------------------------------------\|----------------\| \| (1) Primary Service: \| \| \| Each individual line primary station......................... \| $0.50 \| \| Each two-party line primary station......................... \| .55 \| \| Each four-party line primary station......................... \| .25 \| \| Each private branch exchange trunk line...................... \| .50 \| \| Each battery supply circuit................................. \| .50 \| \| Each ringing supply circuit................................. \| .50 \| \| (2) Off Subscriber's Premises and Within the Exchange Area: \| \| \| Each extension station line or private branch exchange station line: \| \| \| (a) Where the terminals are in different buildings on the same continuous property: \| \| \| Each one-quarter mile or fraction thereof \| 1.00 \| EXHIBIT A Page 1 of 6 (b) Where the terminals are on noncontinuous property: First one-quarter mile or fraction thereof.......................... $2.00 Each additional one-quarter mile or fraction thereof................ 1.00 SPECIAL CONDITIONS 1. The mileage rates under Rate (1) above are based on the distance measured between the subscriber's primary station or private branch exchange switchboard and the nearest point on the boundary of the base rate area and are in addition to the other rates applicable to the service involved. 2. The mileage rates under Rate (2) above are applicable in connection with extension and private branch exchange stations and are applicable to the airline distance measured between the terminals of the line involved. No mileage charge applies in those cases where the terminals are in the same building. No mileage charge applies when the distance between terminals is 300 feet or less, airline measurement. 3. No mileage charge is applicable to an extension station from an off-premises extension station located in the same premises as its off-premises station or within 300 feet, airline measurement, therefrom. 4. An off-premises extension station will be installed on other premises of the subscriber to the primary station provided the station is for the use of the subscriber. 5. An off-premises extension station will be installed on other than the subscriber's premises provided the station is for the use of the subscriber. 6. A residence extension station will not be furnished on business premises. 7. In this schedule, "terminals" mean the stations between which the off-premises line is connected. Schedule No. A-5, Suburban Service \| Manteca \| Desk or Hand Set Station \| \|---------\|--------------------------\| \| \| Rate per Month \| \| \| Residence Business Service \| Manteca Each station ........................................... $2.25 $2.75 Manteca and Ripon Each extension station, with or without bell....... 1.00 1.25 Wall set rate, same as desk - Manteca. Wall set rate, 25¢ less - Ripon. RATES (Continued) Schedule No. A-5, Suburban Service (Continued) Manteca Eliminate Special Condition No. 1. Ripon File conditions identical with Manteca's. Schedule No. A-6, Farmer Line Service \| Residence \| Business \| \|-----------\|----------\| \| Ripon \| \| Each Station........................................... $0.40 $0.70 Minimum Charge: $18 per year, per circuit Eliminate Condition (3) Schedule No. A-7, Private Branch Exchange Service Manteca (3) Trunk Rate: Each trunk line................................. $5.25 (4) Station Rate: Each wall, desk, or hand set station not located in hotel guest room.................. 1.25 Each wall, desk, or hand set station located in hotel guest room..................... 1.00 Schedule No. A-15, Supplemental Equipment Manteca and Ripon (1) Bells: Ordinary extension bell.......................... $1.50 $0.40 Loud-ringing extension gong...................... 2.00 .50 (2) Buzzer Circuits: Each buzzer circuit............................. 2.00 .35 (3) Keys (two-way), in addition to station....... 1.50 .25 Keys (three-way), in addition to station..... 2.50 .50 (4) Jack and Plug Installations: Each additional jack............................ 5.00 - EXHIBIT A Page 3 of 6 RATES (Continued) Schedule No. A-19, Move and Change Charges Note: Cancel Rule and Regulation No. 29 for Ripon and file Move and Change Charges as Schedule No. A-19. Manteca and Ripon \| Charge \| One Room \| Same to Another \| \|---------------------------------------------\|----------\|-----------------\| \| (1) Subscriber's Telephone Sets: \| \| \| \| Moving from one location to another on the same premises \| $2.50 \| \| \| Change in type or style not required by change in class, type or grade of service or type of operation \| 2.50 \| \| \| Change between manual and dial set where no change in type or style of set is involved \| No Charge \| \| \| (2) Private Branch Exchange Switchboards: \| \| \| \| Moving from one location to another; per position: \| \| \| \| Cordless \| $5.00 \| $10.00 \| \| 40-line \| 5.00 \| 10.00 \| \| 80-line \| 7.50 \| 15.00 \| \| 160-line \| 10.00 \| 25.00 \| \| 320-line \| 17.50 \| 40.00 \| \| Over 320-lines \| Actual Cost \| \| SPECIAL CONDITIONS 1. Charges for moves and changes are intended to cover, in part, the expense incurred by the Company in meeting the requirements of subscribers relative to inside moves, rearrangements or changes of telephone equipment, apparatus or wiring on the same premises. 2. A change of location from one premises to another will not be treated as a move but as a disconnection and a new installation. 3. Charges for moves and changes will apply when equipment or apparatus is transferred from one location to another on the same premises where there is no interruption of service other than that incident to the work performed. 4. A temporary disconnection or rearrangement of a subscriber's telephone facilities or equipment to permit redecorating or remodeling of the premises will be considered as a move and the Move and Change Charges will apply. 5. Move and Change Charges do not apply under the following conditions: a. When moves, rearrangements or changes are initiated by the Company. When a replacement of a subscriber's telephone set is required in connection with such moves, rearrangements or changes, a change at the request of the subscriber from desk set to wall or hand set, wall set to desk or hand set, or hand set to wall or desk set will be made without additional charge. b. When a move, rearrangement or change is required on account of a change in class, type or grade of service, or on account of a change between manual and dial service. When a replacement of a subscriber's telephone set is required in connection with such moves, rearrangements or changes, a charge at the request of the subscriber from desk to wall or hand set, wall set to desk or hand set, or hand set to wall or desk set will be made without additional charge. c. When a change of instrument is made at the time of an inside move, only one Move and Change Charge is applicable. d. To public (non-guarantee) telephones installed on the initiative of the Company. e. To changes in style or type of private branch exchange stations. f. To moves necessary to conform with the requirements of Rule and Regulation No. 22. 6. Charges for moves and changes are not to exceed the sum of the charges which would apply to a new installation of the same service and facilities. 7. Charges for moving or changing of equipment or wiring other than that included under "RATES" (1) and (2) above, will be an amount equal to the actual cost of labor and material involved. Schedule No. A-20, Service Connection Charges Note: Cancel Rule and Regulation No. 30 for Ripon and file Service Connection Charges as Schedule No. A-20. Manteca and Ripon \| Residence \| Business \| \|-----------\|----------\| \| (1) New and additional service Instrumentalities Not in Place: Each individual, party, or auxiliary line primary station or FAX trunk........ $4.00 $6.00 Each PEX station, except operator's sets... 2.50 2.50 Each extension station.................. 2.50 2.50 \| \| (2) Instrumentalities in Place and No Change of Location or Type of Facilities Involved: Each service including all stations and supplemental equipment connected thereto.. 2.50 2.50 Each private branch exchange or intercommunicating system, complete with trunks 2.50 2.50 Supercedure.......................... No Charge No Charge \| SPECIAL CONDITIONS 1. Service connection charges are intended to cover, in part, certain operating expenses incident to the establishment of telephone service and the connection of the service with the telephone system. Service connection charges are payable at the time application for the particular service is made, and are in addition to the charges under other schedules of rates. 2. A change in location and type of facilities made at the subscriber's request at the time service is established, when instrumentalities are in place, will be made at the service connection charge applicable for new service or at the service connection charge applicable to the instrumentalities in place plus the move and change charge applicable to the item of in-place instrumentalities moved or changed, whichever is the lower. 3. Service connection charges apply where there is a complete change in ownership or management of a business concern, or where responsibility for payment of the telephone bills is changed. 4. Service connection charges do not apply under the following conditions: a. Business Service: 1. When the service is assumed by a receiver or trustee, executor or administrator of an estate. 2. When the name of a business concern is changed without a change in responsibility for payment of the telephone bills. 3. To a station or stations remaining in place when another station connected to the same individual line, party line or private branch exchange station line service is moved from one premises to another. b. Residence Service: 1. When service is assumed by a member of the former subscriber's family located in the same premises. 2. When there is no change in the individuality of the recipient. 3. When the subscriber's name has been changed by marriage or court order. 4. When an employee personally assumes the responsibilities of his employer, or when an employer assumes the responsibility for an employee's residence service which had previously been the personal responsibility of the employee. 5. When the service is assumed by a receiver or trustee, executor or administrator of the estate of the former subscriber. 6. To a station or stations remaining in place when another station connected to the same individual line, party line or private branch exchange station line service is moved from one premises to another. Rule and Regulation No. 9 - Ripon Cancel this rule. 2. Applicants shall submit to this Commission, not later than September 1, 1950, a report setting forth the results of the commercial surveys and the construction programs developed therefrom. 3. Applicants shall submit to this Commission, not later than September 1, 1950, a report setting forth the results of the dial studies for each exchange, with estimates of the operating results for 1950 under manual and dial operation. 4. Applicants shall submit to this Commission, not later than the 15th of each month a statement showing the number of full time commercial engineering and accounting employees as of the last day of the preceding month, and the wages paid each employee for the preceding month. These reports shall start with April, 1950, and continue through December, 1950. The effective date of this order shall be twenty (20) days after the date hereof. Dated at San Francisco, California, this 28th day of March, 1950. [Signatures] Commissioners: Kenneth Potter, being personally present, did not participate in the deliberation or vote on this order.	<urn:uuid:0bde28fb-6f6f-4bde-92d4-7ab7c670dea2>	CC-MAIN-2024-10	https://files.cpuc.ca.gov/LegacyCPUCDecisionsAndResolutions/Decisions/Decisions_D40600_to_D57800/D43979_19500328_A30233.pdf	2024-02-25T01:41:30+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-10/subset=warc/part-00283-d9675c6d-5c8d-45bb-9c98-c56e42022a4d.c000.gz.parquet	254,197,822	5,214	eng_Latn	eng_Latn	0.967083	eng_Latn	0.9959	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	docling	[ 834, 2744, 5805, 7394, 9250, 11034, 13003, 15069, 16357, 19069, 21283, 23537, 24614 ]
Date: 23 August 1570 [1st letter] REF: GD112/39/9/29 (SHS ed. No. 145) Place: Dalinglongart (near Dunoon, Cowal) From: Archibald Campbell, 5th Earl of Argyll To: Colin Campbell of Glenorchy Address: To our traist cousing Collein Campbell of Glenvrquhaye Traist cousing efter maist hertlie commendatiounis. We h[ave resavit] zour letter and hes haird the credeit of zour serv[and] and for the Clangregor that hes of lait hereit and spuilzeit [zour land] and tenenttis in Glenvrquhay. 1 And ze burden us of our promes[s] ... saiftie yairof as to that ye knaw our promess was performit ... for in zour awin presence and be zour awin desyir we ap[pointit] our freindis and servandis the Laird of Parbrek 2 with sum of ye m[en] {of Lorn 3 } and all Lochhowe 4 was all ordenit to keip ye saidis bo[undis] off Glenvrquhay togidder with sum number to haif followit the Clangregor quhilkis was mair nor zour awin desyir for the present an[d ... nocht]withstanding that our self haid our forces at that tyme ... to haif paist to ye Lawland. And gif men hes nocht done yair ... we vill mak God juge that ye wyit was nocht in [yis] negligent yairfor it is nocht neidfull to blame us of our promess ony far[der] ... it was spoikin. And als for the revenge ze think guid to ... [obtane] of the rasetteris of zour and zouris guidis and geir. As to that in ... we wilbe maist willing yairto sua that ze send sum speciall heidis man with sum number of zour awin men to do the saymen and we sall gif of our men to pass with zouris the double number and yis als ...shortlie as ze will think neidfull efter our first command ... And als for the remidid ze will saik at the auchtoreteis hand ... for ony ... we knaw nane bot the Queinis Maieste auchto[ritie] ... and gif ... be that vyer trayittouris auchtoretie we th... ... may mak zou bot auld friendis and kynn[ismen] ... thay be als ...dable seing thay will apply yame yairto. And quhar ... that ze ... our kin and freindis are offendit with familiar ... betuix ws and ... as to that gif it be we neither knawis ... thinkis that thay suld beir mair favour to ye Clangregor ... to zour ...elkis ... nor never will put zour hous in ballance with sic ewil men ... For the knawlaige yairof God willing housone ... returne fra thir pretendit tryist we sall convein the haill surname 5 samone as are within us in ane hous and thair sall knaw yair myndis towarttis zow and quhat delegence and painnis thai will tak for zour releif. And than gif thay will think to tyne zou in yair defalt ze wilbe the less to blame to seik remeid at uder handis. An[d as for our] awin parte in particuler we will never faill in our constancies [towarttis] zow bot will contenew yairin as we haif done never the less of my suspitioun zour vilfulnes will moif zou to. Als for Maknaithan 6 we will nocht write lang of that matter bot awayis he sall ever abyid the jugment of zour self and our kyn in our presence and gif he hes offendit salbe pvnissit. Faryair we pray zow to mak us haistie advertisment of zour resoluit mynd heir anennttis because we and oder nobill men are to pas to that parte to meit with the nobill men that are to be thair of the monethe. The causs of ye haistie answer is that zour writting is exstreim and except we pas thair vpoun our awin garde for the convoy of oder nobill men gif ze be nocht mair satisfeit with zour self. Thairis syndrie oder heidis spoikin to us be the beirare as credeit to the quhilkis we think nocht neidfull to gif ansuer to in write and hes schavin our mynd yairanenttis to the beir(sic) to quhome ze sall gif credeit on thayis heidis he hes schawin to us. And sua referring to zour nixt advertisment with haist to us. We commit zou to God. Off Dellinlangphorte the xxiij daye of August 1570. Youris asswritly, Archibald Ergyll [PS] Zour serwand hes sawyn ws sum credyt gyf we culd belyf wald mak ane mair passyant 7 man nor ws angry at ye hart all wayis we refar all to metting. 1 This refers to Grey Colin's angry letter of 18 August 1570 [140] not the letter of 20 August [142], also see 5th earl's 2nd letter, [146]. 2 Colin Campbell of Barbreck, the natural son of the 4th earl of Argyll and half-brother to the 5th earl. 3 Readings from GD50/116/66-7. 4 All the men of Lochawe and some of Lorn under Barbreck and others to pursue the MacGregors. 5 The 5th earl is offering to convene the whole of Clan Campbell to sort out Grey Colin's MacGregor problem. 6 Alexander MacNaughton of Dunderave. 7 Patient.	<urn:uuid:741a6c43-e77d-4273-9141-b100a58b0cdd>	CC-MAIN-2024-26	http://www.docs.hss.ed.ac.uk/divinity/Research/Breadalbane%20collection/Letters%201570/23%20Aug%201570%201st.pdf	2024-06-22T06:13:51+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-26/subset=warc/part-00055-44971353-df4b-48d7-8025-975e8feb989b.c000.gz.parquet	40,997,768	1,371	eng_Latn	eng_Latn	0.736401	eng_Latn	0.878709	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 3759, 3948, 4485 ]
Storytime Lunches 11:30 am on Wednesdays: April 11th, April 18th, April 25th & May 2nd Southwest Sublette County Pioneers Senior Citizen Center 429 E. 1st Street in Big Piney Enjoy lunch at the Senior Center while area seniors read stories or tell their own. Lunch will be $4 on those days as Western Sublette 9 BOCES will be buying dessert! Speaker schedule April 11th: Mac Rawhouser & David Burnett April 18th: Deanne Bradley & Helena Linn April 25th: Lora Grinestaff & Dick Kalber May 2nd: Ann Barney & Brenda Hatcher	<urn:uuid:5e5e7aac-1caf-4d4a-b90b-6c7c95282df7>	CC-MAIN-2019-09	http://sublettecountylibrary.org/pdfs/0418BPSeniorLunches.pdf	2019-02-22T15:28:55Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-09/segments/1550247518425.87/warc/CC-MAIN-20190222135147-20190222161147-00426.warc.gz	228,477,517	154	eng_Latn	eng_Latn	0.974017	eng_Latn	0.974017	[ "eng_Latn" ]	false	docling	[ 523 ]
Shell plc (the ‘Company’) announces that on 12 April 2024 it purchased the following number of Shares for cancellation. Aggregated information on Shares purchased according to trading venue: \| Date of purchase \| Number of Shares purchased \| Highest price paid \| Lowest price paid \| Volume weighted average price paid per share \| Venue \| Currency \| \|------------------\|----------------------------\|--------------------\|------------------\|---------------------------------------------\|-------------\|----------\| \| 12/04/2024 \| 499,000 \| £29.5100 \| £28.8700 \| £29.2001 \| LSE \| GBP \| \| 12/04/2024 \| - \| £0.0000 \| £0.0000 \| £0.0000 \| Chi-X (CXE) \| GBP \| \| 12/04/2024 \| - \| £0.0000 \| £0.0000 \| £0.0000 \| BATS (BXE) \| GBP \| \| 12/04/2024 \| 476,000 \| €34.7350 \| €34.0150 \| €34.3812 \| XAMS \| EUR \| \| 12/04/2024 \| - \| €0.0000 \| €0.0000 \| €0.0000 \| CBOE DXE \| EUR \| \| 12/04/2024 \| - \| €0.0000 \| €0.0000 \| €0.0000 \| TQEX \| EUR \| These share purchases form part of the on- and off-market limbs of the Company’s existing share buy-back programme previously announced on 1 February 2024. In respect of this programme, Citigroup Global Markets Limited will make trading decisions in relation to the securities independently of the Company for a period from 1 February 2024 up to and including 26 April 2024. The on-market limb will be effected within certain pre-set parameters and in accordance with the Company’s general authority to repurchase shares on-market. The off-market limb will be effected in accordance with the Company’s general authority to repurchase shares off-market pursuant to the off-market buyback contract approved by its shareholders and the pre-set parameters set out therein. The programme will be conducted in accordance with Chapter 12 of the Listing Rules and Article 5 of the Market Abuse Regulation 596/2014/EU dealing with buy-back programmes (“EU MAR”) and EU MAR as “onshored” into UK law from the end of the Brexit transition period (at 11:00 pm on 31 December 2020) through the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020), and as amended, supplemented, restated, novated, substituted or replaced by the Financial Services Act, 2021 and relevant statutory instruments (including, The Market Abuse (Amendment) (EU Exit) Regulations (SI 2019/310)), from time to time (“UK MAR”) and the Commission Delegated Regulation (EU) 2016/1052 (the “EU MAR Delegated Regulation”) and the EU In accordance with EU MAR and UK MAR, a breakdown of the individual trades made by Citigroup Global Markets Limited on behalf of the Company as a part of the buy-back programme is detailed below. Enquiries Media International: +44 (0) 207 934 5550 Media Americas: +1 832 337 4335 LEI number of Shell plc: 21380068P1DRHMJ8KU70 Classification: Acquisition or disposal of the issuer’s own shares \| Transaction date \| Transaction time \| Volume \| Price Per Share (GBP / EUR) \| Trading Venue \| Transaction Reference Number \| \|------------------\|------------------\|--------\|----------------------------\|---------------\|-----------------------------\| \| 12/04/2024 \| 16:23:00 \| 208 \| 2,934.000 \| XLON \| x8K8wR3wW3v \| \| 12/04/2024 \| 16:22:50 \| 270 \| 2,934.500 \| XLON \| x8K8wR3wWHa \| \| 12/04/2024 \| 16:20:28 \| 263 \| 2,933.500 \| XLON \| x8K8wR3wITR \| \| 12/04/2024 \| 16:18:17 \| 254 \| 2,934.000 \| XLON \| x8K8wR3wgEO \| \| 12/04/2024 \| 16:15:41 \| 262 \| 2,933.500 \| XLON \| x8K8wR3wMuJ \| \| 12/04/2024 \| 16:12:40 \| 247 \| 2,934.500 \| XLON \| x8K8wR3wlA \| \| 12/04/2024 \| 16:09:56 \| 303 \| 2,933.500 \| XLON \| x8K8wR3wHCX \| \| 12/04/2024 \| 16:06:28 \| 33 \| 2,934.500 \| XLON \| x8K8wR3wTD2 \| \| 12/04/2024 \| 16:06:28 \| 244 \| 2,934.500 \| XLON \| x8K8wR3wTD4 \| \| 12/04/2024 \| 16:03:27 \| 244 \| 2,934.500 \| XLON \| x8K8wR3wO9q \| \| 12/04/2024 \| 16:00:31 \| 284 \| 2,937.500 \| XLON \| x8K8wR3w4nC \| \| 12/04/2024 \| 15:57:08 \| 266 \| 2,940.000 \| XLON \| x8K8wR3w01r \| \| 12/04/2024 \| 15:53:46 \| 2 \| 2,941.500 \| XLON \| x8K8wR3wCz8 \| \| 12/04/2024 \| 15:53:46 \| 256 \| 2,942.000 \| XLON \| x8K8wR3wCyd \| \| 12/04/2024 \| 15:50:51 \| 569 \| 2,943.000 \| XLON \| x8K8wR3wBGc \| \| 12/04/2024 \| 15:50:18 \| 375 \| 2,943.000 \| XLON \| x8K8wR3w8oB \| \| 12/04/2024 \| 15:50:18 \| 260 \| 2,943.000 \| XLON \| x8K8wR3w8zi \| \| 12/04/2024 \| 15:40:07 \| 387 \| 2,946.000 \| XLON \| x8K8wR3x$pS \| \| 12/04/2024 \| 15:40:07 \| 158 \| 2,946.000 \| XLON \| x8K8wR3x$0a \| \| 12/04/2024 \| 15:39:47 \| 281 \| 2,946.000 \| XLON \| x8K8wR3x$E1 \| \| 12/04/2024 \| 15:39:35 \| 460 \| 2,946.000 \| XLON \| x8K8wR3x$JI \| \| 12/04/2024 \| 15:39:14 \| 427 \| 2,946.500 \| XLON \| x8K8wR3xyZc \| \| 12/04/2024 \| 15:39:14 \| 462 \| 2,946.500 \| XLON \| x8K8wR3xyZj \| \| 12/04/2024 \| 15:39:14 \| 76 \| 2,946.500 \| XLON \| x8K8wR3xyZn \| \| 12/04/2024 \| 15:39:10 \| 8 \| 2,947.000 \| XLON \| x8K8wR3xyIP \| \| 12/04/2024 \| 15:39:10 \| 1221 \| 2,947.000 \| XLON \| x8K8wR3xyJR \| \| 12/04/2024 \| 15:38:36 \| 155 \| 2,946.500 \| XLON \| x8K8wR3xyFP \| \| 12/04/2024 \| 15:38:36 \| 1103 \| 2,946.500 \| XLON \| x8K8wR3xyFT \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 15:38:20 \| 742 \| 2,947.000 \| XLON \| x8K8wR3xySr \| \| 12/04/2024 \| 15:38:20 \| 326 \| 2,947.500 \| XLON \| x8K8wR3xyVm \| \| 12/04/2024 \| 15:38:20 \| 308 \| 2,947.500 \| XLON \| x8K8wR3xyVK \| \| 12/04/2024 \| 15:38:15 \| 257 \| 2,947.500 \| XLON \| x8K8wR3xyR3 \| \| 12/04/2024 \| 15:36:28 \| 487 \| 2,942.000 \| XLON \| x8K8wR3xwG6 \| \| 12/04/2024 \| 15:36:26 \| 551 \| 2,942.500 \| XLON \| x8K8wR3xwT7 \| \| 12/04/2024 \| 15:36:07 \| 360 \| 2,943.000 \| XLON \| x8K8wR3xxix \| \| 12/04/2024 \| 15:35:46 \| 301 \| 2,942.500 \| XLON \| x8K8wR3xxuI \| \| 12/04/2024 \| 15:35:37 \| 303 \| 2,943.000 \| XLON \| x8K8wR3xxDi \| \| 12/04/2024 \| 15:35:22 \| 295 \| 2,943.500 \| XLON \| x8K8wR3xxJS \| \| 12/04/2024 \| 15:35:11 \| 308 \| 2,944.500 \| XLON \| x8K8wR3xuXQ \| \| 12/04/2024 \| 15:35:11 \| 382 \| 2,945.000 \| XLON \| x8K8wR3xuZ1 \| \| 12/04/2024 \| 15:34:47 \| 153 \| 2,946.000 \| XLON \| x8K8wR3xu06 \| \| 12/04/2024 \| 15:34:47 \| 121 \| 2,946.000 \| XLON \| x8K8wR3xu08 \| \| 12/04/2024 \| 15:34:47 \| 315 \| 2,946.000 \| XLON \| x8K8wR3xu0A \| \| 12/04/2024 \| 15:34:47 \| 542 \| 2,946.000 \| XLON \| x8K8wR3xu0H \| \| 12/04/2024 \| 15:34:22 \| 406 \| 2,946.000 \| XLON \| x8K8wR3xuRP \| \| 12/04/2024 \| 15:34:09 \| 340 \| 2,945.500 \| XLON \| x8K8wR3xvky \| \| 12/04/2024 \| 15:33:55 \| 341 \| 2,945.000 \| XLON \| x8K8wR3xvvd \| \| 12/04/2024 \| 15:33:45 \| 340 \| 2,945.500 \| XLON \| x8K8wR3xvCc \| \| 12/04/2024 \| 15:33:34 \| 402 \| 2,946.000 \| XLON \| x8K8wR3xvI5 \| \| 12/04/2024 \| 15:33:18 \| 422 \| 2,946.000 \| XLON \| x8K8wR3xcYc \| \| 12/04/2024 \| 15:33:18 \| 547 \| 2,946.000 \| XLON \| x8K8wR3xcYx \| \| 12/04/2024 \| 15:33:16 \| 143 \| 2,946.500 \| XLON \| x8K8wR3xcjB \| \| 12/04/2024 \| 15:33:16 \| 873 \| 2,946.500 \| XLON \| x8K8wR3xcjJ \| \| 12/04/2024 \| 15:32:29 \| 104 \| 2,944.500 \| XLON \| x8K8wR3xcJx \| \| 12/04/2024 \| 15:32:29 \| 236 \| 2,944.500 \| XLON \| x8K8wR3xcJz \| \| 12/04/2024 \| 15:32:12 \| 404 \| 2,944.500 \| XLON \| x8K8wR3xdcS \| \| 12/04/2024 \| 15:32:05 \| 352 \| 2,944.000 \| XLON \| x8K8wR3xdkP \| \| 12/04/2024 \| 15:32:05 \| 609 \| 2,944.000 \| XLON \| x8K8wR3xdfW \| \| 12/04/2024 \| 15:31:35 \| 337 \| 2,944.500 \| XLON \| x8K8wR3xdDZ \| \| 12/04/2024 \| 15:31:20 \| 523 \| 2,944.500 \| XLON \| x8K8wR3xdcL \| \| 12/04/2024 \| 15:31:07 \| 43 \| 2,945.500 \| XLON \| x8K8wR3xacb \| \| 12/04/2024 \| 15:31:07 \| 292 \| 2,945.500 \| XLON \| x8K8wR3xacd \| \| 12/04/2024 \| 15:31:07 \| 240 \| 2,945.500 \| XLON \| x8K8wR3xacf \| \| 12/04/2024 \| 15:31:04 \| 607 \| 2,946.000 \| XLON \| x8K8wR3xaJP \| \| 12/04/2024 \| 15:30:54 \| 598 \| 2,946.000 \| XLON \| x8K8wR3xamw \| \| 12/04/2024 \| 15:30:54 \| 402 \| 2,946.000 \| XLON \| x8K8wR3xamy \| \| 12/04/2024 \| 15:30:09 \| 646 \| 2,944.000 \| XLON \| x8K8wR3xbZf \| \| 12/04/2024 \| 15:30:08 \| 48 \| 2,944.500 \| XLON \| x8K8wR3xbZA \| \| 12/04/2024 \| 15:30:08 \| 875 \| 2,944.500 \| XLON \| x8K8wR3xbZ8 \| \| 12/04/2024 \| 15:29:17 \| 345 \| 2,944.500 \| XLON \| x8K8wR3xYaJ \| \| 12/04/2024 \| 15:29:13 \| 362 \| 2,944.500 \| XLON \| x8K8wR3xYXv \| \| 12/04/2024 \| 15:28:52 \| 129 \| 2,945.500 \| XLON \| x8K8wR3xY$H \| \| 12/04/2024 \| 15:28:52 \| 175 \| 2,945.500 \| XLON \| x8K8wR3xY$J \| \| 12/04/2024 \| 15:28:44 \| 305 \| 2,947.000 \| XLON \| x8K8wR3xY66 \| \| 12/04/2024 \| 15:28:32 \| 303 \| 2,948.000 \| XLON \| x8K8wR3xYLL \| \| 12/04/2024 \| 15:28:21 \| 304 \| 2,949.000 \| XLON \| x8K8wR3xZbn \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 15:28:10 \| 305 \| 2,949.500 \| XLON \| x8K8wR3xZif \| \| 12/04/2024 \| 15:28:01 \| 298 \| 2,948.500 \| XLON \| x8K8wR3xZpa \| \| 12/04/2024 \| 15:27:51 \| 309 \| 2,949.500 \| XLON \| x8K8wR3xZ5N \| \| 12/04/2024 \| 15:27:51 \| 323 \| 2,950.000 \| XLON \| x8K8wR3xZ5U \| \| 12/04/2024 \| 15:27:50 \| 79 \| 2,950.000 \| XLON \| x8K8wR3xZ49 \| \| 12/04/2024 \| 15:27:37 \| 414 \| 2,950.000 \| XLON \| x8K8wR3xZLW \| \| 12/04/2024 \| 15:27:36 \| 735 \| 2,950.500 \| XLON \| x8K8wR3xZNA \| \| 12/04/2024 \| 15:27:29 \| 1017 \| 2,951.000 \| XLON \| x8K8wR3xZUr \| \| 12/04/2024 \| 15:27:29 \| 162 \| 2,951.000 \| XLON \| x8K8wR3xZU9 \| \| 12/04/2024 \| 15:26:10 \| 378 \| 2,947.000 \| XLON \| x8K8wR3xXnb \| \| 12/04/2024 \| 15:26:10 \| 543 \| 2,947.000 \| XLON \| x8K8wR3xXnr \| \| 12/04/2024 \| 15:25:40 \| 379 \| 2,948.000 \| XLON \| x8K8wR3xXHF \| \| 12/04/2024 \| 15:25:28 \| 476 \| 2,948.500 \| XLON \| x8K8wR3xkik \| \| 12/04/2024 \| 15:25:27 \| 101 \| 2,949.000 \| XLON \| x8K8wR3xkkK \| \| 12/04/2024 \| 15:25:27 \| 261 \| 2,949.000 \| XLON \| x8K8wR3xfkO \| \| 12/04/2024 \| 15:25:03 \| 397 \| 2,949.000 \| XLON \| x8K8wR3xkC1 \| \| 12/04/2024 \| 15:24:46 \| 454 \| 2,949.000 \| XLON \| x8K8wR3xkP$ \| \| 12/04/2024 \| 15:24:46 \| 354 \| 2,949.000 \| XLON \| x8K8wR3xkOe \| \| 12/04/2024 \| 15:24:27 \| 224 \| 2,948.000 \| XLON \| x8K8wR3xle2 \| \| 12/04/2024 \| 15:24:20 \| 60 \| 2,948.000 \| XLON \| x8K8wR3xlsx \| \| 12/04/2024 \| 15:24:11 \| 201 \| 2,948.000 \| XLON \| x8K8wR3xlu$ \| \| 12/04/2024 \| 15:24:11 \| 80 \| 2,948.000 \| XLON \| x8K8wR3xlu3 \| \| 12/04/2024 \| 15:24:04 \| 123 \| 2,948.500 \| XLON \| x8K8wR3xl1u \| \| 12/04/2024 \| 15:24:04 \| 328 \| 2,948.500 \| XLON \| x8K8wR3xl1w \| \| 12/04/2024 \| 15:23:52 \| 326 \| 2,947.500 \| XLON \| x8K8wR3xINd \| \| 12/04/2024 \| 15:23:36 \| 535 \| 2,947.000 \| XLON \| x8K8wR3xidr \| \| 12/04/2024 \| 15:23:32 \| 675 \| 2,947.000 \| XLON \| x8K8wR3xiYs \| \| 12/04/2024 \| 15:22:53 \| 279 \| 2,947.000 \| XLON \| x8K8wR3xi26 \| \| 12/04/2024 \| 15:22:48 \| 520 \| 2,947.500 \| XLON \| x8K8wR3xi8W \| \| 12/04/2024 \| 15:22:32 \| 422 \| 2,948.000 \| XLON \| x8K8wR3xiF \| \| 12/04/2024 \| 15:22:32 \| 73 \| 2,948.500 \| XLON \| x8K8wR3xiTs \| \| 12/04/2024 \| 15:22:32 \| 890 \| 2,948.500 \| XLON \| x8K8wR3xiTu \| \| 12/04/2024 \| 15:22:09 \| 1128 \| 2,948.500 \| XLON \| x8K8wR3xjtA \| \| 12/04/2024 \| 15:21:05 \| 273 \| 2,946.500 \| XLON \| x8K8wR3xgef \| \| 12/04/2024 \| 15:21:00 \| 688 \| 2,946.500 \| XLON \| x8K8wR3xgmnX \| \| 12/04/2024 \| 15:20:49 \| 60 \| 2,945.500 \| XLON \| x8K8wR3xgwC \| \| 12/04/2024 \| 15:20:33 \| 539 \| 2,945.500 \| XLON \| x8K8wR3xgNo \| \| 12/04/2024 \| 15:20:22 \| 914 \| 2,945.500 \| XLON \| x8K8wR3xgUB \| \| 12/04/2024 \| 15:20:09 \| 8 \| 2,946.000 \| XLON \| x8K8wR3xhz@ \| \| 12/04/2024 \| 15:20:09 \| 1416 \| 2,946.000 \| XLON \| x8K8wR3xhZy \| \| 12/04/2024 \| 15:18:49 \| 567 \| 2,941.500 \| XLON \| x8K8wR3xeYy \| \| 12/04/2024 \| 15:18:30 \| 370 \| 2,941.000 \| XLON \| x8K8wR3xeCH \| \| 12/04/2024 \| 15:18:13 \| 312 \| 2,941.500 \| XLON \| x8K8wR3xeUv \| \| 12/04/2024 \| 15:18:00 \| 322 \| 2,942.500 \| XLON \| x8K8wR3xfFF \| \| 12/04/2024 \| 15:17:52 \| 318 \| 2,944.000 \| XLON \| x8K8wR3xfoY \| \| 12/04/2024 \| 15:17:49 \| 176 \| 2,944.500 \| XLON \| x8K8wR3x@OW \| \| 12/04/2024 \| 15:17:49 \| 287 \| 2,944.500 \| XLON \| x8K8wR3xf@Y \| \| 12/04/2024 \| 15:17:49 \| 705 \| 2,944.500 \| XLON \| x8K8wR3xf@k \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 15:17:15 \| 367 \| 2,944.000 \| XLON \| x8K8wR3xMqX \| \| 12/04/2024 \| 15:16:55 \| 554 \| 2,942.500 \| XLON \| x8K8wR3xMD1 \| \| 12/04/2024 \| 15:16:35 \| 382 \| 2,942.000 \| XLON \| x8K8wR3xMVg \| \| 12/04/2024 \| 15:16:32 \| 162 \| 2,942.000 \| XLON \| x8K8wR3xMRk \| \| 12/04/2024 \| 15:16:32 \| 188 \| 2,942.000 \| XLON \| x8K8wR3xMRm \| \| 12/04/2024 \| 15:16:32 \| 111 \| 2,942.000 \| XLON \| x8K8wR3xMRo \| \| 12/04/2024 \| 15:16:05 \| 377 \| 2,942.000 \| XLON \| x8K8wR3xNo$ \| \| 12/04/2024 \| 15:16:05 \| 41 \| 2,942.000 \| XLON \| x8K8wR3xNot \| \| 12/04/2024 \| 15:16:05 \| 457 \| 2,942.000 \| XLON \| x8K8wR3xNzn \| \| 12/04/2024 \| 15:16:01 \| 1038 \| 2,942.500 \| XLON \| x8K8wR3xNw9 \| \| 12/04/2024 \| 15:16:01 \| 5 \| 2,942.500 \| XLON \| x8K8wR3xNwE \| \| 12/04/2024 \| 15:15:27 \| 746 \| 2,942.000 \| XLON \| x8K8wR3xKYd \| \| 12/04/2024 \| 15:15:00 \| 928 \| 2,942.000 \| XLON \| x8K8wR3xK97 \| \| 12/04/2024 \| 15:14:10 \| 332 \| 2,940.500 \| XLON \| x8K8wR3xL6q \| \| 12/04/2024 \| 15:13:59 \| 287 \| 2,941.000 \| XLON \| x8K8wR3xLLC \| \| 12/04/2024 \| 15:13:59 \| 200 \| 2,941.500 \| XLON \| x8K8wR3xLKj \| \| 12/04/2024 \| 15:13:59 \| 190 \| 2,941.500 \| XLON \| x8K8wR3xLKI \| \| 12/04/2024 \| 15:13:51 \| 560 \| 2,942.000 \| XLON \| x8K8wR3xLTA \| \| 12/04/2024 \| 15:13:27 \| 326 \| 2,942.000 \| XLON \| x8K8wR3xIFC \| \| 12/04/2024 \| 15:13:09 \| 302 \| 2,942.000 \| XLON \| x8K8wR3xI@1 \| \| 12/04/2024 \| 15:13:09 \| 314 \| 2,942.000 \| XLON \| x8K8wR3xI@9 \| \| 12/04/2024 \| 15:12:50 \| 311 \| 2,942.500 \| XLON \| x8K8wR3xIBM \| \| 12/04/2024 \| 15:12:40 \| 467 \| 2,942.500 \| XLON \| x8K8wR3xIG1 \| \| 12/04/2024 \| 15:12:25 \| 276 \| 2,942.000 \| XLON \| x8K8wR3xJZK \| \| 12/04/2024 \| 15:12:25 \| 271 \| 2,942.000 \| XLON \| x8K8wR3xJZR \| \| 12/04/2024 \| 15:12:25 \| 654 \| 2,942.500 \| XLON \| x8K8wR3xJYu \| \| 12/04/2024 \| 15:12:00 \| 600 \| 2,942.000 \| XLON \| x8K8wR3xJxf \| \| 12/04/2024 \| 15:11:52 \| 1035 \| 2,942.500 \| XLON \| x8K8wR3xJDd \| \| 12/04/2024 \| 15:11:50 \| 115 \| 2,942.500 \| XLON \| x8K8wR3xJEk \| \| 12/04/2024 \| 15:11:25 \| 1 \| 2,940.500 \| XLON \| x8K8wR3xGXO \| \| 12/04/2024 \| 15:11:25 \| 61 \| 2,940.500 \| XLON \| x8K8wR3xGXQ \| \| 12/04/2024 \| 15:11:10 \| 132 \| 2,939.500 \| XLON \| x8K8wR3xGsJ \| \| 12/04/2024 \| 15:10:45 \| 413 \| 2,938.500 \| XLON \| x8K8wR3xGLz \| \| 12/04/2024 \| 15:10:44 \| 373 \| 2,938.500 \| XLON \| x8K8wR3xGKz \| \| 12/04/2024 \| 15:10:20 \| 60 \| 2,938.500 \| XLON \| x8K8wR3xHi7 \| \| 12/04/2024 \| 15:10:20 \| 253 \| 2,938.500 \| XLON \| x8K8wR3xHil \| \| 12/04/2024 \| 15:10:10 \| 314 \| 2,940.500 \| XLON \| x8K8wR3xHsf \| \| 12/04/2024 \| 15:10:06 \| 83 \| 2,941.000 \| XLON \| x8K8wR3xHmE \| \| 12/04/2024 \| 15:10:06 \| 239 \| 2,941.000 \| XLON \| x8K8wR3xHmG \| \| 12/04/2024 \| 15:09:54 \| 305 \| 2,940.500 \| XLON \| x8K8wR3xH3o \| \| 12/04/2024 \| 15:09:49 \| 310 \| 2,941.000 \| XLON \| x8K8wR3xHF8 \| \| 12/04/2024 \| 15:09:32 \| 249 \| 2,940.500 \| XLON \| x8K8wR3xHPB \| \| 12/04/2024 \| 15:09:30 \| 358 \| 2,941.000 \| XLON \| x8K8wR3xHRz \| \| 12/04/2024 \| 15:09:18 \| 360 \| 2,941.500 \| XLON \| x8K8wR3xUij \| \| 12/04/2024 \| 15:09:11 \| 121 \| 2,941.500 \| XLON \| x8K8wR3xUnL \| \| 12/04/2024 \| 15:09:11 \| 515 \| 2,941.500 \| XLON \| x8K8wR3xUnQ \| \| 12/04/2024 \| 15:09:07 \| 915 \| 2,942.000 \| XLON \| x8K8wR3xUyD \| \| 12/04/2024 \| 15:08:13 \| 356 \| 2,941.000 \| XLON \| x8K8wR3xVoa \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 15:08:12 \| 224 \| 2,941.500 \| XLON \| x8K8wR3xVoK \| \| 12/04/2024 \| 15:08:12 \| 164 \| 2,941.500 \| XLON \| x8K8wR3xVoM \| \| 12/04/2024 \| 15:07:52 \| 326 \| 2,942.500 \| XLON \| x8K8wR3xCy \| \| 12/04/2024 \| 15:07:42 \| 326 \| 2,942.000 \| XLON \| x8K8wR3xVN5 \| \| 12/04/2024 \| 15:07:32 \| 326 \| 2,940.500 \| XLON \| x8K8wR3xSbx \| \| 12/04/2024 \| 15:07:21 \| 347 \| 2,942.000 \| XLON \| x8K8wR3xSk9 \| \| 12/04/2024 \| 15:07:15 \| 135 \| 2,943.000 \| XLON \| x8K8wR3xSsv \| \| 12/04/2024 \| 15:07:15 \| 410 \| 2,943.000 \| XLON \| x8K8wR3xSsx \| \| 12/04/2024 \| 15:06:52 \| 321 \| 2,944.500 \| XLON \| x8K8wR3xSNL \| \| 12/04/2024 \| 15:06:52 \| 415 \| 2,944.500 \| XLON \| x8K8wR3xSMX \| \| 12/04/2024 \| 15:06:51 \| 948 \| 2,945.000 \| XLON \| x8K8wR3xSHC \| \| 12/04/2024 \| 15:06:14 \| 423 \| 2,945.500 \| XLON \| x8K8wR3xTps \| \| 12/04/2024 \| 15:06:09 \| 665 \| 2,945.500 \| XLON \| x8K8wR3xTy1 \| \| 12/04/2024 \| 15:05:41 \| 589 \| 2,945.000 \| XLON \| x8K8wR3xTAT \| \| 12/04/2024 \| 15:05:30 \| 971 \| 2,945.000 \| XLON \| x8K8wR3xTld \| \| 12/04/2024 \| 15:04:57 \| 355 \| 2,944.500 \| XLON \| x8K8wR3xQsS \| \| 12/04/2024 \| 15:04:57 \| 125 \| 2,944.500 \| XLON \| x8K8wR3xQsU \| \| 12/04/2024 \| 15:04:47 \| 469 \| 2,945.000 \| XLON \| x8K8wR3xQ$o \| \| 12/04/2024 \| 15:04:47 \| 23 \| 2,945.000 \| XLON \| x8K8wR3xQ$s \| \| 12/04/2024 \| 15:04:23 \| 252 \| 2,943.500 \| XLON \| x8K8wR3xQkf \| \| 12/04/2024 \| 15:04:15 \| 455 \| 2,944.000 \| XLON \| x8K8wR3xQGQ \| \| 12/04/2024 \| 15:04:14 \| 428 \| 2,944.500 \| XLON \| x8K8wR3xQJN \| \| 12/04/2024 \| 15:03:57 \| 68 \| 2,945.000 \| XLON \| x8K8wR3xRYp \| \| 12/04/2024 \| 15:03:57 \| 306 \| 2,945.000 \| XLON \| x8K8wR3xRYr \| \| 12/04/2024 \| 15:03:52 \| 395 \| 2,945.000 \| XLON \| x8K8wR3xRf3 \| \| 12/04/2024 \| 15:03:39 \| 458 \| 2,944.500 \| XLON \| x8K8wR3xRvx \| \| 12/04/2024 \| 15:03:33 \| 433 \| 2,944.500 \| XLON \| x8K8wR3xR4H \| \| 12/04/2024 \| 15:03:13 \| 569 \| 2,943.500 \| XLON \| x8K8wR3xRJ1 \| \| 12/04/2024 \| 15:03:12 \| 530 \| 2,944.000 \| XLON \| x8K8wR3xRIA \| \| 12/04/2024 \| 15:03:12 \| 159 \| 2,944.000 \| XLON \| x8K8wR3xRIC \| \| 12/04/2024 \| 15:02:51 \| 460 \| 2,943.000 \| XLON \| x8K8wR3xOgB \| \| 12/04/2024 \| 15:02:51 \| 30 \| 2,943.000 \| XLON \| x8K8wR3xOgD \| \| 12/04/2024 \| 15:02:31 \| 376 \| 2,940.000 \| XLON \| x8K8wR3xODY \| \| 12/04/2024 \| 15:02:22 \| 37 \| 2,940.000 \| XLON \| x8K8wR3xONf \| \| 12/04/2024 \| 15:02:21 \| 413 \| 2,940.500 \| XLON \| x8K8wR3xOMP \| \| 12/04/2024 \| 15:02:11 \| 336 \| 2,938.000 \| XLON \| x8K8wR3xPic \| \| 12/04/2024 \| 15:02:11 \| 78 \| 2,938.000 \| XLON \| x8K8wR3xPig \| \| 12/04/2024 \| 15:02:05 \| 414 \| 2,937.500 \| XLON \| x8K8wR3xPrr \| \| 12/04/2024 \| 15:01:52 \| 343 \| 2,939.000 \| XLON \| x8K8wR3xPuj \| \| 12/04/2024 \| 15:01:42 \| 405 \| 2,939.500 \| XLON \| x8K8wR3xP0B \| \| 12/04/2024 \| 15:01:41 \| 489 \| 2,940.000 \| XLON \| x8K8wR3xP2x \| \| 12/04/2024 \| 15:01:22 \| 249 \| 2,937.000 \| XLON \| x8K8wR3xPTB \| \| 12/04/2024 \| 15:01:22 \| 360 \| 2,937.500 \| XLON \| x8K8wR3xPTR \| \| 12/04/2024 \| 15:01:05 \| 178 \| 2,937.500 \| XLON \| x8K8wR3x6Zx \| \| 12/04/2024 \| 15:01:05 \| 518 \| 2,938.000 \| XLON \| x8K8wR3x6Y5 \| \| 12/04/2024 \| 15:01:00 \| 442 \| 2,938.000 \| XLON \| x8K8wR3x6gR \| \| 12/04/2024 \| 15:00:55 \| 736 \| 2,938.000 \| XLON \| x8K8wR3x6zW \| \| 12/04/2024 \| 15:00:21 \| 343 \| 2,936.000 \| XLON \| x8K8wR3x7aC \| \| Date \| Time \| Volume \| Price \| Symbol \| TradeID \| \|------------\|----------\|--------\|--------\|--------\|-----------\| \| 12/04/2024 \| 15:00:15 \| 295 \| 2,936.500 \| XLON \| x8K8wR3x7jO \| \| 12/04/2024 \| 15:00:11 \| 154 \| 2,936.500 \| XLON \| x8K8wR3x7fr \| \| 12/04/2024 \| 15:00:00 \| 330 \| 2,937.000 \| XLON \| x8K8wR3x797 \| \| 12/04/2024 \| 15:00:00 \| 533 \| 2,936.000 \| XLON \| x8K8wR3x78Y \| \| 12/04/2024 \| 15:00:00 \| 740 \| 2,936.500 \| XLON \| x8K8wR3x78Q \| \| 12/04/2024 \| 14:59:34 \| 865 \| 2,935.500 \| XLON \| x8K8wR3x4nm \| \| 12/04/2024 \| 14:59:04 \| 66 \| 2,935.000 \| XLON \| x8K8wR3x5aM \| \| 12/04/2024 \| 14:59:04 \| 645 \| 2,935.000 \| XLON \| x8K8wR3x5aO \| \| 12/04/2024 \| 14:58:39 \| 372 \| 2,935.000 \| XLON \| x8K8wR3x5$f \| \| 12/04/2024 \| 14:58:13 \| 651 \| 2,934.000 \| XLON \| x8K8wR3x5MY \| \| 12/04/2024 \| 14:58:12 \| 790 \| 2,934.500 \| XLON \| x8K8wR3x5Mn \| \| 12/04/2024 \| 14:58:09 \| 647 \| 2,935.000 \| XLON \| x8K8wR3x5GR \| \| 12/04/2024 \| 14:58:09 \| 1267 \| 2,935.000 \| XLON \| x8K8wR3x5GT \| \| 12/04/2024 \| 14:57:23 \| 357 \| 2,932.500 \| XLON \| x8K8wR3x203 \| \| 12/04/2024 \| 14:57:23 \| 1786 \| 2,932.500 \| XLON \| x8K8wR3x205 \| \| 12/04/2024 \| 14:56:28 \| 364 \| 2,932.000 \| XLON \| x8K8wR3x3ps \| \| 12/04/2024 \| 14:56:10 \| 365 \| 2,931.000 \| XLON \| x8K8wR3x32x \| \| 12/04/2024 \| 14:55:38 \| 257 \| 2,932.000 \| XLON \| x8K8wR3x0rX \| \| 12/04/2024 \| 14:55:33 \| 289 \| 2,931.500 \| XLON \| x8K8wR3x0oF \| \| 12/04/2024 \| 14:55:04 \| 361 \| 2,929.500 \| XLON \| x8K8wR3x0JM \| \| 12/04/2024 \| 14:54:44 \| 354 \| 2,930.000 \| XLON \| x8K8wR3x1ea \| \| 12/04/2024 \| 14:54:44 \| 246 \| 2,929.500 \| XLON \| x8K8wR3x1eY \| \| 12/04/2024 \| 14:54:06 \| 417 \| 2,933.500 \| XLON \| x8K8wR3x1Tp \| \| 12/04/2024 \| 14:53:42 \| 415 \| 2,931.500 \| XLON \| x8K8wR3xEgk \| \| 12/04/2024 \| 14:53:21 \| 12 \| 2,931.500 \| XLON \| x8K8wR3xE0F \| \| 12/04/2024 \| 14:53:20 \| 406 \| 2,931.500 \| XLON \| x8K8wR3xE3v \| \| 12/04/2024 \| 14:52:53 \| 269 \| 2,932.500 \| XLON \| x8K8wR3xFZO \| \| 12/04/2024 \| 14:52:37 \| 393 \| 2,933.000 \| XLON \| x8K8wR3xFvi \| \| 12/04/2024 \| 14:52:35 \| 7 \| 2,933.000 \| XLON \| x8K8wR3xFuQ \| \| 12/04/2024 \| 14:52:32 \| 369 \| 2,933.000 \| XLON \| x8K8wR3xF5Q \| \| 12/04/2024 \| 14:51:50 \| 416 \| 2,933.000 \| XLON \| x8K8wR3xCyl \| \| 12/04/2024 \| 14:51:32 \| 415 \| 2,935.500 \| XLON \| x8K8wR3xCDy \| \| 12/04/2024 \| 14:51:07 \| 464 \| 2,936.000 \| XLON \| x8K8wR3xCQr \| \| 12/04/2024 \| 14:50:52 \| 369 \| 2,936.500 \| XLON \| x8K8wR3xDht \| \| 12/04/2024 \| 14:50:16 \| 318 \| 2,936.500 \| XLON \| x8K8wR3xDAv \| \| 12/04/2024 \| 14:49:58 \| 345 \| 2,938.000 \| XLON \| x8K8wR3xDR7 \| \| 12/04/2024 \| 14:49:56 \| 358 \| 2,938.000 \| XLON \| x8K8wR3xAai \| \| 12/04/2024 \| 14:49:20 \| 381 \| 2,938.000 \| XLON \| x8K8wR3xA5w \| \| 12/04/2024 \| 14:48:58 \| 379 \| 2,939.000 \| XLON \| x8K8wR3xAJW \| \| 12/04/2024 \| 14:48:27 \| 423 \| 2,939.500 \| XLON \| x8K8wR3xBnT \| \| 12/04/2024 \| 14:48:03 \| 8 \| 2,940.000 \| XLON \| x8K8wR3xB3p \| \| 12/04/2024 \| 14:48:03 \| 331 \| 2,940.000 \| XLON \| x8K8wR3xB3P \| \| 12/04/2024 \| 14:47:42 \| 380 \| 2,940.500 \| XLON \| x8K8wR3xBJa \| \| 12/04/2024 \| 14:47:17 \| 422 \| 2,943.500 \| XLON \| x8K8wR3x8gt \| \| 12/04/2024 \| 14:47:09 \| 394 \| 2,944.000 \| XLON \| x8K8wR3x8ps \| \| 12/04/2024 \| 14:47:06 \| 326 \| 2,944.500 \| XLON \| x8K8wR3x8zi \| \| 12/04/2024 \| 14:46:05 \| 381 \| 2,944.500 \| XLON \| x8K8wR3x9y3 \| \| 12/04/2024 \| 14:45:41 \| 382 \| 2,946.000 \| XLON \| x8K8wR3x9g8 \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 14:45:17 \| 246 \| 2,945.500 \| XLON \| x8K8wR3qsX6 \| \| 12/04/2024 \| 14:45:05 \| 326 \| 2,945.500 \| XLON \| x8K8wR3qsgf \| \| 12/04/2024 \| 14:45:00 \| 415 \| 2,945.000 \| XLON \| x8K8wR3qs$E \| \| 12/04/2024 \| 14:44:56 \| 885 \| 2,945.500 \| XLON \| x8K8wR3qusu2 \| \| 12/04/2024 \| 14:44:34 \| 349 \| 2,947.000 \| XLON \| x8K8wR3qsNk \| \| 12/04/2024 \| 14:44:34 \| 490 \| 2,947.500 \| XLON \| x8K8wR3qsNz \| \| 12/04/2024 \| 14:44:24 \| 699 \| 2,948.000 \| XLON \| x8K8wR3qsUa \| \| 12/04/2024 \| 14:44:23 \| 1065 \| 2,948.500 \| XLON \| x8K8wR3qsP2 \| \| 12/04/2024 \| 14:44:23 \| 314 \| 2,948.500 \| XLON \| x8K8wR3qsP4 \| \| 12/04/2024 \| 14:44:16 \| 500 \| 2,948.500 \| XLON \| x8K8wR3qtab \| \| 12/04/2024 \| 14:43:58 \| 1487 \| 2,948.500 \| XLON \| x8K8wR3qtay \| \| 12/04/2024 \| 14:42:40 \| 682 \| 2,946.000 \| XLON \| x8K8wR3qq7$ \| \| 12/04/2024 \| 14:42:07 \| 184 \| 2,942.500 \| XLON \| x8K8wR3qrWn \| \| 12/04/2024 \| 14:42:07 \| 407 \| 2,942.500 \| XLON \| x8K8wR3qrWp \| \| 12/04/2024 \| 14:41:54 \| 364 \| 2,942.500 \| XLON \| x8K8wR3qryV \| \| 12/04/2024 \| 14:41:37 \| 360 \| 2,942.500 \| XLON \| x8K8wR3qrNt \| \| 12/04/2024 \| 14:41:21 \| 326 \| 2,943.000 \| XLON \| x8K8wR3qonn \| \| 12/04/2024 \| 14:41:21 \| 804 \| 2,943.000 \| XLON \| x8K8wR3qomd \| \| 12/04/2024 \| 14:41:06 \| 884 \| 2,943.000 \| XLON \| x8K8wR3qo7t \| \| 12/04/2024 \| 14:40:14 \| 454 \| 2,940.000 \| XLON \| x8K8wR3qpgv \| \| 12/04/2024 \| 14:39:59 \| 289 \| 2,941.000 \| XLON \| x8K8wR3qp7B \| \| 12/04/2024 \| 14:39:58 \| 482 \| 2,941.500 \| XLON \| x8K8wR3qp6g \| \| 12/04/2024 \| 14:39:51 \| 539 \| 2,942.000 \| XLON \| x8K8wR3qpCs \| \| 12/04/2024 \| 14:39:30 \| 106 \| 2,941.500 \| XLON \| x8K8wR3qpTH \| \| 12/04/2024 \| 14:39:30 \| 204 \| 2,941.500 \| XLON \| x8K8wR3qpTJ \| \| 12/04/2024 \| 14:39:21 \| 193 \| 2,941.500 \| XLON \| x8K8wR3qmbJ \| \| 12/04/2024 \| 14:39:19 \| 406 \| 2,942.000 \| XLON \| x8K8wR3qmdh \| \| 12/04/2024 \| 14:39:14 \| 431 \| 2,942.500 \| XLON \| x8K8wR3qmX5 \| \| 12/04/2024 \| 14:38:56 \| 268 \| 2,943.500 \| XLON \| x8K8wR3qmpO \| \| 12/04/2024 \| 14:38:55 \| 385 \| 2,944.000 \| XLON \| x8K8wR3qmzS \| \| 12/04/2024 \| 14:38:54 \| 225 \| 2,944.000 \| XLON \| x8K8wR3qmyG \| \| 12/04/2024 \| 14:38:54 \| 343 \| 2,944.000 \| XLON \| x8K8wR3qmYl \| \| 12/04/2024 \| 14:38:48 \| 1076 \| 2,944.500 \| XLON \| x8K8wR3qmub \| \| 12/04/2024 \| 14:38:12 \| 451 \| 2,941.000 \| XLON \| x8K8wR3qnip \| \| 12/04/2024 \| 14:38:06 \| 764 \| 2,941.000 \| XLON \| x8K8wR3qnez \| \| 12/04/2024 \| 14:37:43 \| 638 \| 2,939.500 \| XLON \| x8K8wR3qnCZ \| \| 12/04/2024 \| 14:37:40 \| 1369 \| 2,940.000 \| XLON \| x8K8wR3qnFw \| \| 12/04/2024 \| 14:37:06 \| 715 \| 2,939.000 \| XLON \| x8K8wR3q@XN \| \| 12/04/2024 \| 14:36:43 \| 61 \| 2,938.000 \| XLON \| x8K8wR3q@yj \| \| 12/04/2024 \| 14:36:43 \| 372 \| 2,938.000 \| XLON \| x8K8wR3q@yI \| \| 12/04/2024 \| 14:36:17 \| 456 \| 2,938.000 \| XLON \| x8K8wR3q@AU \| \| 12/04/2024 \| 14:36:13 \| 403 \| 2,938.500 \| XLON \| x8K8wR3q@K@ \| \| 12/04/2024 \| 14:36:06 \| 501 \| 2,939.000 \| XLON \| x8K8wR3q@Ts \| \| 12/04/2024 \| 14:36:01 \| 253 \| 2,938.500 \| XLON \| x8K8wR3q$dI \| \| 12/04/2024 \| 14:36:01 \| 141 \| 2,938.500 \| XLON \| x8K8wR3q$dn \| \| 12/04/2024 \| 14:35:33 \| 506 \| 2,935.000 \| XLON \| x8K8wR3q$$p \| \| 12/04/2024 \| 14:35:31 \| 456 \| 2,935.500 \| XLON \| x8K8wR3q$u4 \| \| 12/04/2024 \| 14:35:26 \| 1043 \| 2,936.000 \| XLON \| x8K8wR3q$5O \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 14:35:18 \| 196 \| 2,936.000 \| XLON \| x8K8wR3q$2m \| \| 12/04/2024 \| 14:35:18 \| 1084 \| 2,936.000 \| XLON \| x8K8wR3q$2o \| \| 12/04/2024 \| 14:34:53 \| 35 \| 2,933.000 \| XLON \| x8K8wR3qyYt \| \| 12/04/2024 \| 14:34:37 \| 501 \| 2,933.000 \| XLON \| x8K8wR3qyy0 \| \| 12/04/2024 \| 14:34:30 \| 376 \| 2,933.000 \| XLON \| x8K8wR3qyg5 \| \| 12/04/2024 \| 14:34:27 \| 88 \| 2,933.500 \| XLON \| x8K8wR3qy7l \| \| 12/04/2024 \| 14:34:27 \| 754 \| 2,933.500 \| XLON \| x8K8wR3qy7K \| \| 12/04/2024 \| 14:34:26 \| 312 \| 2,934.000 \| XLON \| x8K8wR3qy64 \| \| 12/04/2024 \| 14:34:26 \| 1027 \| 2,934.000 \| XLON \| x8K8wR3qy66 \| \| 12/04/2024 \| 14:34:13 \| 1009 \| 2,934.000 \| XLON \| x8K8wR3qyAC \| \| 12/04/2024 \| 14:34:13 \| 139 \| 2,934.000 \| XLON \| x8K8wR3qyAE \| \| 12/04/2024 \| 14:33:41 \| 74 \| 2,931.500 \| XLON \| x8K8wR3qzzb \| \| 12/04/2024 \| 14:33:41 \| 598 \| 2,931.500 \| XLON \| x8K8wR3qzzZ \| \| 12/04/2024 \| 14:33:19 \| 475 \| 2,934.500 \| XLON \| x8K8wR3qzAP \| \| 12/04/2024 \| 14:33:18 \| 680 \| 2,935.000 \| XLON \| x8K8wR3qzKI \| \| 12/04/2024 \| 14:33:18 \| 179 \| 2,935.500 \| XLON \| x8K8wR3qzNW \| \| 12/04/2024 \| 14:33:18 \| 1010 \| 2,935.500 \| XLON \| x8K8wR3qzNY \| \| 12/04/2024 \| 14:32:55 \| 694 \| 2,936.000 \| XLON \| x8K8wR3gqwQ \| \| 12/04/2024 \| 14:32:50 \| 52 \| 2,936.500 \| XLON \| x8K8wR3qwyl \| \| 12/04/2024 \| 14:32:50 \| 688 \| 2,936.500 \| XLON \| x8K8wR3qwyn \| \| 12/04/2024 \| 14:32:50 \| 52 \| 2,936.500 \| XLON \| x8K8wR3qwyp \| \| 12/04/2024 \| 14:32:48 \| 792 \| 2,937.000 \| XLON \| x8K8wR3gqw$V \| \| 12/04/2024 \| 14:32:11 \| 290 \| 2,937.500 \| XLON \| x8K8wR3qxYc \| \| 12/04/2024 \| 14:32:09 \| 422 \| 2,938.000 \| XLON \| x8K8wR3qxIi \| \| 12/04/2024 \| 14:32:09 \| 837 \| 2,938.000 \| XLON \| x8K8wR3qxIR \| \| 12/04/2024 \| 14:31:46 \| 390 \| 2,937.500 \| XLON \| x8K8wR3qx7U \| \| 12/04/2024 \| 14:31:46 \| 342 \| 2,938.000 \| XLON \| x8K8wR3qx69 \| \| 12/04/2024 \| 14:31:45 \| 490 \| 2,938.500 \| XLON \| x8K8wR3qx6M \| \| 12/04/2024 \| 14:31:40 \| 795 \| 2,934.000 \| XLON \| x8K8wR3qxE9 \| \| 12/04/2024 \| 14:31:35 \| 750 \| 2,932.000 \| XLON \| x8K8wR3qxKH \| \| 12/04/2024 \| 14:31:35 \| 1749 \| 2,932.000 \| XLON \| x8K8wR3qxKK \| \| 12/04/2024 \| 14:31:22 \| 752 \| 2,932.000 \| XLON \| x8K8wR3quaN \| \| 12/04/2024 \| 14:31:22 \| 245 \| 2,932.000 \| XLON \| x8K8wR3quaP \| \| 12/04/2024 \| 14:30:28 \| 334 \| 2,927.500 \| XLON \| x8K8wR3qvIW \| \| 12/04/2024 \| 14:30:23 \| 476 \| 2,927.500 \| XLON \| x8K8wR3qvFO \| \| 12/04/2024 \| 14:30:18 \| 535 \| 2,927.500 \| XLON \| x8K8wR3qvqP \| \| 12/04/2024 \| 14:30:05 \| 483 \| 2,931.500 \| XLON \| x8K8wR3qv1n \| \| 12/04/2024 \| 14:30:03 \| 518 \| 2,931.500 \| XLON \| x8K8wR3qv2l \| \| 12/04/2024 \| 14:30:03 \| 1184 \| 2,932.000 \| XLON \| x8K8wR3qv2Q \| \| 12/04/2024 \| 14:29:18 \| 863 \| 2,926.000 \| XLON \| x8K8wR3qc$5 \| \| 12/04/2024 \| 14:28:53 \| 680 \| 2,925.500 \| XLON \| x8K8wR3qc8S \| \| 12/04/2024 \| 14:28:20 \| 913 \| 2,925.000 \| XLON \| x8K8wR3qdZq \| \| 12/04/2024 \| 14:27:06 \| 326 \| 2,924.500 \| XLON \| x8K8wR3qaai \| \| 12/04/2024 \| 14:27:01 \| 516 \| 2,924.500 \| XLON \| x8K8wR3qaZr \| \| 12/04/2024 \| 14:26:58 \| 276 \| 2,924.500 \| XLON \| x8K8wR3qaIe \| \| 12/04/2024 \| 14:26:22 \| 474 \| 2,924.500 \| XLON \| x8K8wR3qaEF \| \| 12/04/2024 \| 14:26:22 \| 904 \| 2,924.500 \| XLON \| x8K8wR3qaEV \| \| 12/04/2024 \| 14:25:56 \| 1370 \| 2,924.500 \| XLON \| x8K8wR3qbZG \| \| Date \| Time \| Quantity \| Price \| Symbol \| Transaction ID \| \|------------\|----------\|----------\|---------\|---------\|----------------\| \| 12/04/2024 \| 14:25:56 \| 119 \| 2,924.500 \| XLON \| x8K8wR3qbZI \| \| 12/04/2024 \| 14:24:44 \| 760 \| 2,924.500 \| XLON \| x8K8wR3qYbD \| \| 12/04/2024 \| 14:23:37 \| 697 \| 2,924.500 \| XLON \| x8K8wR3qYBu \| \| 12/04/2024 \| 14:23:34 \| 205 \| 2,924.500 \| XLON \| x8K8wR3qYLT \| \| 12/04/2024 \| 14:22:31 \| 249 \| 2,924.500 \| XLON \| x8K8wR3qZyl \| \| 12/04/2024 \| 14:21:58 \| 128 \| 2,925.000 \| XLON \| x8K8wR3qZKm \| \| 12/04/2024 \| 14:21:58 \| 121 \| 2,925.000 \| XLON \| x8K8wR3qZKo \| \| 12/04/2024 \| 14:21:58 \| 276 \| 2,925.000 \| XLON \| x8K8wR3qZKq \| \| 12/04/2024 \| 14:21:57 \| 599 \| 2,925.000 \| XLON \| x8K8wR3qZKx \| \| 12/04/2024 \| 14:21:12 \| 555 \| 2,924.000 \| XLON \| x8K8wR3qWr0 \| \| 12/04/2024 \| 14:21:12 \| 101 \| 2,924.000 \| XLON \| x8K8wR3qWqs \| \| 12/04/2024 \| 14:20:12 \| 40 \| 2,923.500 \| XLON \| x8K8wR3qWSW \| \| 12/04/2024 \| 14:20:12 \| 410 \| 2,923.500 \| XLON \| x8K8wR3qWSY \| \| 12/04/2024 \| 14:20:10 \| 428 \| 2,924.000 \| XLON \| x8K8wR3qWW6 \| \| 12/04/2024 \| 14:19:22 \| 268 \| 2,924.000 \| XLON \| x8K8wR3qXxS \| \| 12/04/2024 \| 14:19:17 \| 385 \| 2,924.500 \| XLON \| x8K8wR3qX7V \| \| 12/04/2024 \| 14:19:10 \| 425 \| 2,925.000 \| XLON \| x8K8wR3qXCW \| \| 12/04/2024 \| 14:18:21 \| 355 \| 2,925.500 \| XLON \| x8K8wR3qY5 \| \| 12/04/2024 \| 14:17:52 \| 295 \| 2,925.000 \| XLON \| x8K8wR3qkwn \| \| 12/04/2024 \| 14:17:49 \| 424 \| 2,925.500 \| XLON \| x8K8wR3qk7v \| \| 12/04/2024 \| 14:17:25 \| 359 \| 2,926.000 \| XLON \| x8K8wR3qlL1 \| \| 12/04/2024 \| 14:16:50 \| 358 \| 2,926.000 \| XLON \| x8K8wR3qlfo \| \| 12/04/2024 \| 14:16:39 \| 359 \| 2,926.500 \| XLON \| x8K8wR3qlmM \| \| 12/04/2024 \| 14:15:59 \| 358 \| 2,926.000 \| XLON \| x8K8wR3qlN8 \| \| 12/04/2024 \| 14:15:42 \| 315 \| 2,927.500 \| XLON \| x8K8wR3qlOH \| \| 12/04/2024 \| 14:15:29 \| 165 \| 2,927.500 \| XLON \| x8K8wR3qiWQ \| \| 12/04/2024 \| 14:15:29 \| 231 \| 2,927.500 \| XLON \| x8K8wR3qiWS \| \| 12/04/2024 \| 14:15:29 \| 81 \| 2,927.500 \| XLON \| x8K8wR3qiWU \| \| 12/04/2024 \| 14:15:17 \| 551 \| 2,927.500 \| XLON \| x8K8wR3qigD \| \| 12/04/2024 \| 14:15:17 \| 76 \| 2,927.500 \| XLON \| x8K8wR3qigF \| \| 12/04/2024 \| 14:14:39 \| 328 \| 2,926.500 \| XLON \| x8K8wR3qiqy \| \| 12/04/2024 \| 14:14:18 \| 453 \| 2,926.500 \| XLON \| x8K8wR3qjIK \| \| 12/04/2024 \| 14:13:59 \| 591 \| 2,926.500 \| XLON \| x8K8wR3qjc1 \| \| 12/04/2024 \| 14:12:46 \| 371 \| 2,926.000 \| XLON \| x8K8wR3qjKA \| \| 12/04/2024 \| 14:12:45 \| 426 \| 2,926.000 \| XLON \| x8K8wR3qjKO \| \| 12/04/2024 \| 14:12:06 \| 413 \| 2,925.000 \| XLON \| x8K8wR3gkk \| \| 12/04/2024 \| 14:11:47 \| 366 \| 2,925.500 \| XLON \| x8K8wR3gx2 \| \| 12/04/2024 \| 14:11:47 \| 690 \| 2,925.500 \| XLON \| x8K8wR3gxxC \| \| 12/04/2024 \| 14:11:30 \| 63 \| 2,926.000 \| XLON \| x8K8wR3gg2n \| \| 12/04/2024 \| 14:11:30 \| 263 \| 2,926.000 \| XLON \| x8K8wR3gg2p \| \| 12/04/2024 \| 14:10:10 \| 358 \| 2,924.500 \| XLON \| x8K8wR3ghoP \| \| 12/04/2024 \| 14:09:46 \| 490 \| 2,924.000 \| XLON \| x8K8wR3ghCG \| \| 12/04/2024 \| 14:09:19 \| 500 \| 2,925.000 \| XLON \| x8K8wR3ghPu \| \| 12/04/2024 \| 14:09:16 \| 639 \| 2,925.500 \| XLON \| x8K8wR3ghOV \| \| 12/04/2024 \| 14:09:13 \| 239 \| 2,925.500 \| XLON \| x8K8wR3qhQS \| \| 12/04/2024 \| 14:08:51 \| 972 \| 2,925.000 \| XLON \| x8K8wR3qegv \| \| 12/04/2024 \| 14:07:35 \| 565 \| 2,922.500 \| XLON \| x8K8wR3qfW1 \| \| 12/04/2024 \| 14:06:46 \| 495 \| 2,922.500 \| XLON \| x8K8wR3qf01 \| \| Date \| Time \| Volume \| Price \| Symbol \| TradeID \| \|------------\|----------\|--------\|--------\|--------\|-----------\| \| 12/04/2024 \| 14:06:40 \| 307 \| 2,922.500 \| XLON \| x8K8wR3qfC9 \| \| 12/04/2024 \| 14:06:02 \| 534 \| 2,922.000 \| XLON \| x8K8wR3qMWC \| \| 12/04/2024 \| 14:05:58 \| 429 \| 2,922.500 \| XLON \| x8K8wR3qMiV \| \| 12/04/2024 \| 14:05:31 \| 392 \| 2,923.500 \| XLON \| x8K8wR3qM5M \| \| 12/04/2024 \| 14:04:58 \| 511 \| 2,925.000 \| XLON \| x8K8wR3qMPw \| \| 12/04/2024 \| 14:04:45 \| 668 \| 2,925.000 \| XLON \| x8K8wR3qNY$ \| \| 12/04/2024 \| 14:04:28 \| 98 \| 2,925.000 \| XLON \| x8K8wR3qNnN \| \| 12/04/2024 \| 14:04:16 \| 1006 \| 2,925.000 \| XLON \| x8K8wR3qN@H \| \| 12/04/2024 \| 14:02:50 \| 146 \| 2,924.500 \| XLON \| x8K8wR3qKvt \| \| 12/04/2024 \| 14:02:50 \| 376 \| 2,924.500 \| XLON \| x8K8wR3qKvv \| \| 12/04/2024 \| 14:02:41 \| 466 \| 2,924.500 \| XLON \| x8K8wR3qK79 \| \| 12/04/2024 \| 14:02:41 \| 35 \| 2,924.500 \| XLON \| x8K8wR3qK7L \| \| 12/04/2024 \| 14:02:35 \| 149 \| 2,924.500 \| XLON \| x8K8wR3qK0P \| \| 12/04/2024 \| 14:02:23 \| 457 \| 2,924.500 \| XLON \| x8K8wR3qK8H \| \| 12/04/2024 \| 14:01:48 \| 503 \| 2,923.500 \| XLON \| x8K8wR3qLjJ \| \| 12/04/2024 \| 14:01:08 \| 426 \| 2,923.500 \| XLON \| x8K8wR3qLLV \| \| 12/04/2024 \| 14:00:51 \| 513 \| 2,924.000 \| XLON \| x8K8wR3qLQK \| \| 12/04/2024 \| 14:00:15 \| 50 \| 2,924.500 \| XLON \| x8K8wR3qlxv \| \| 12/04/2024 \| 14:00:15 \| 306 \| 2,924.500 \| XLON \| x8K8wR3qlxx \| \| 12/04/2024 \| 14:00:15 \| 66 \| 2,924.500 \| XLON \| x8K8wR3qlxz \| \| 12/04/2024 \| 14:00:12 \| 341 \| 2,924.500 \| XLON \| x8K8wR3qlZO \| \| 12/04/2024 \| 13:59:35 \| 252 \| 2,924.000 \| XLON \| x8K8wR3qJXs \| \| 12/04/2024 \| 13:59:30 \| 364 \| 2,924.500 \| XLON \| x8K8wR3qJYu \| \| 12/04/2024 \| 13:58:50 \| 252 \| 2,923.500 \| XLON \| x8K8wR3qJ0G \| \| 12/04/2024 \| 13:58:45 \| 363 \| 2,924.000 \| XLON \| x8K8wR3qJDE \| \| 12/04/2024 \| 13:58:18 \| 152 \| 2,924.500 \| XLON \| x8K8wR3qJQX \| \| 12/04/2024 \| 13:58:18 \| 155 \| 2,924.500 \| XLON \| x8K8wR3qJRV \| \| 12/04/2024 \| 13:57:41 \| 71 \| 2,924.000 \| XLON \| x8K8wR3qG5$ \| \| 12/04/2024 \| 13:57:41 \| 236 \| 2,924.000 \| XLON \| x8K8wR3qG5z \| \| 12/04/2024 \| 13:57:27 \| 21 \| 2,925.500 \| XLON \| x8K8wR3qGD@ \| \| 12/04/2024 \| 13:57:27 \| 246 \| 2,925.500 \| XLON \| x8K8wR3qGD0 \| \| 12/04/2024 \| 13:57:27 \| 37 \| 2,925.500 \| XLON \| x8K8wR3qGD2 \| \| 12/04/2024 \| 13:56:57 \| 559 \| 2,925.500 \| XLON \| x8K8wR3qHXr \| \| 12/04/2024 \| 13:56:39 \| 364 \| 2,925.500 \| XLON \| x8K8wR3qHo8 \| \| 12/04/2024 \| 13:56:00 \| 306 \| 2,926.000 \| XLON \| x8K8wR3qHQX \| \| 12/04/2024 \| 13:55:42 \| 307 \| 2,926.000 \| XLON \| x8K8wR3qUiG \| \| 12/04/2024 \| 13:55:10 \| 284 \| 2,925.000 \| XLON \| x8K8wR3qU5S \| \| 12/04/2024 \| 13:55:10 \| 45 \| 2,925.000 \| XLON \| x8K8wR3qU4a \| \| 12/04/2024 \| 13:54:47 \| 317 \| 2,925.500 \| XLON \| x8K8wR3qUHF \| \| 12/04/2024 \| 13:54:32 \| 402 \| 2,926.500 \| XLON \| x8K8wR3qVj6 \| \| 12/04/2024 \| 13:54:13 \| 542 \| 2,926.000 \| XLON \| x8K8wR3qVzs \| \| 12/04/2024 \| 13:53:31 \| 141 \| 2,927.000 \| XLON \| x8K8wR3qVl8 \| \| 12/04/2024 \| 13:53:31 \| 94 \| 2,927.000 \| XLON \| x8K8wR3qVlA \| \| 12/04/2024 \| 13:53:31 \| 179 \| 2,927.000 \| XLON \| x8K8wR3qVIC \| \| 12/04/2024 \| 13:53:29 \| 204 \| 2,927.000 \| XLON \| x8K8wR3qVT2 \| \| 12/04/2024 \| 13:53:02 \| 450 \| 2,926.500 \| XLON \| x8K8wR3qSi2 \| \| 12/04/2024 \| 13:52:55 \| 376 \| 2,927.000 \| XLON \| x8K8wR3qSrw \| \| 12/04/2024 \| 13:52:26 \| 424 \| 2,927.000 \| XLON \| x8K8wR3qS1$ \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 13:52:26 \| 498 \| 2,927.000 \| XLON \| x8K8wR3qS19 \| \| 12/04/2024 \| 13:52:06 \| 713 \| 2,927.500 \| XLON \| x8K8wR3qSNK \| \| 12/04/2024 \| 13:50:42 \| 144 \| 2,927.500 \| XLON \| x8K8wR3qTKk \| \| 12/04/2024 \| 13:50:42 \| 257 \| 2,927.500 \| XLON \| x8K8wR3qTKm \| \| 12/04/2024 \| 13:50:24 \| 585 \| 2,928.500 \| XLON \| x8K8wR3qTRI \| \| 12/04/2024 \| 13:50:03 \| 424 \| 2,928.500 \| XLON \| x8K8wR3qQhy \| \| 12/04/2024 \| 13:50:03 \| 443 \| 2,928.500 \| XLON \| x8K8wR3qQh3 \| \| 12/04/2024 \| 13:50:03 \| 434 \| 2,928.500 \| XLON \| x8K8wR3qQh5 \| \| 12/04/2024 \| 13:49:02 \| 140 \| 2,928.000 \| XLON \| x8K8wR3qQL$ \| \| 12/04/2024 \| 13:49:02 \| 267 \| 2,928.000 \| XLON \| x8K8wR3qQL1 \| \| 12/04/2024 \| 13:48:40 \| 43 \| 2,928.000 \| XLON \| x8K8wR3qQRW \| \| 12/04/2024 \| 13:48:38 \| 385 \| 2,928.000 \| XLON \| x8K8wR3qRaa \| \| 12/04/2024 \| 13:48:03 \| 198 \| 2,929.000 \| XLON \| x8K8wR3qRoe \| \| 12/04/2024 \| 13:48:03 \| 341 \| 2,929.000 \| XLON \| x8K8wR3qRog \| \| 12/04/2024 \| 13:47:55 \| 500 \| 2,929.000 \| XLON \| x8K8wR3qR@B \| \| 12/04/2024 \| 13:47:02 \| 440 \| 2,927.500 \| XLON \| x8K8wR3qRR$ \| \| 12/04/2024 \| 13:46:38 \| 407 \| 2,928.500 \| XLON \| x8K8wR3qOei \| \| 12/04/2024 \| 13:46:38 \| 458 \| 2,928.500 \| XLON \| x8K8wR3qOer \| \| 12/04/2024 \| 13:46:05 \| 250 \| 2,929.000 \| XLON \| x8K8wR3qO4j \| \| 12/04/2024 \| 13:45:58 \| 78 \| 2,929.000 \| XLON \| x8K8wR3qODU \| \| 12/04/2024 \| 13:45:58 \| 334 \| 2,929.000 \| XLON \| x8K8wR3qOCW \| \| 12/04/2024 \| 13:45:33 \| 361 \| 2,928.500 \| XLON \| x8K8wR3qOPP \| \| 12/04/2024 \| 13:45:31 \| 579 \| 2,929.000 \| XLON \| x8K8wR3qORe \| \| 12/04/2024 \| 13:45:20 \| 495 \| 2,929.500 \| XLON \| x8K8wR3qPZ$ \| \| 12/04/2024 \| 13:45:20 \| 646 \| 2,929.500 \| XLON \| x8K8wR3qPZz \| \| 12/04/2024 \| 13:45:11 \| 326 \| 2,930.000 \| XLON \| x8K8wR3qPeX \| \| 12/04/2024 \| 13:43:10 \| 321 \| 2,926.000 \| XLON \| x8K8wR3q6lx \| \| 12/04/2024 \| 13:43:03 \| 359 \| 2,926.500 \| XLON \| x8K8wR3q7cq \| \| 12/04/2024 \| 13:42:29 \| 455 \| 2,926.500 \| XLON \| x8K8wR3q7vO \| \| 12/04/2024 \| 13:42:23 \| 457 \| 2,927.000 \| XLON \| x8K8wR3q7wO \| \| 12/04/2024 \| 13:42:04 \| 578 \| 2,927.500 \| XLON \| x8K8wR3q7Ey \| \| 12/04/2024 \| 13:41:28 \| 115 \| 2,926.500 \| XLON \| x8K8wR3q4Ze \| \| 12/04/2024 \| 13:40:53 \| 288 \| 2,927.000 \| XLON \| x8K8wR3q4xF \| \| 12/04/2024 \| 13:40:48 \| 380 \| 2,927.000 \| XLON \| x8K8wR3q47f \| \| 12/04/2024 \| 13:40:37 \| 394 \| 2,927.500 \| XLON \| x8K8wR3q4CG \| \| 12/04/2024 \| 13:40:15 \| 10 \| 2,928.000 \| XLON \| x8K8wR3q4JL \| \| 12/04/2024 \| 13:39:53 \| 99 \| 2,928.000 \| XLON \| x8K8wR3q5ZD \| \| 12/04/2024 \| 13:39:53 \| 219 \| 2,928.000 \| XLON \| x8K8wR3q5ZF \| \| 12/04/2024 \| 13:39:53 \| 35 \| 2,928.000 \| XLON \| x8K8wR3q5ZH \| \| 12/04/2024 \| 13:39:45 \| 410 \| 2,928.500 \| XLON \| x8K8wR3q5eV \| \| 12/04/2024 \| 13:39:03 \| 201 \| 2,928.000 \| XLON \| x8K8wR3q5Ct \| \| 12/04/2024 \| 13:39:03 \| 135 \| 2,928.000 \| XLON \| x8K8wR3q5Cv \| \| 12/04/2024 \| 13:38:44 \| 332 \| 2,928.500 \| XLON \| x8K8wR3q5Ia \| \| 12/04/2024 \| 13:38:14 \| 416 \| 2,929.000 \| XLON \| x8K8wR3q2hR \| \| 12/04/2024 \| 13:38:14 \| 596 \| 2,929.500 \| XLON \| x8K8wR3q2hT \| \| 12/04/2024 \| 13:37:10 \| 337 \| 2,928.500 \| XLON \| x8K8wR3q3a@ \| \| 12/04/2024 \| 13:36:54 \| 335 \| 2,927.500 \| XLON \| x8K8wR3q3h@ \| \| 12/04/2024 \| 13:36:27 \| 335 \| 2,927.000 \| XLON \| x8K8wR3q31m \| \| Date \| Time \| Quantity \| Price \| Symbol \| Order ID \| \|------------\|----------\|----------\|---------\|--------\|-----------\| \| 12/04/2024 \| 13:36:02 \| 143 \| 2,926.500 \| XLON \| x8K8wR3q3RO \| \| 12/04/2024 \| 13:36:02 \| 439 \| 2,926.500 \| XLON \| x8K8wR3q3RQ \| \| 12/04/2024 \| 13:35:39 \| 351 \| 2,926.000 \| XLON \| x8K8wR3q0r@ \| \| 12/04/2024 \| 13:35:33 \| 326 \| 2,926.500 \| XLON \| x8K8wR3q0mj \| \| 12/04/2024 \| 13:34:42 \| 466 \| 2,924.500 \| XLON \| x8K8wR3q0Sv \| \| 12/04/2024 \| 13:34:38 \| 546 \| 2,924.500 \| XLON \| x8K8wR3q0Ov \| \| 12/04/2024 \| 13:34:15 \| 799 \| 2,925.000 \| XLON \| x8K8wR3q1eK \| \| 12/04/2024 \| 13:33:30 \| 848 \| 2,924.000 \| XLON \| x8K8wR3q1Ux \| \| 12/04/2024 \| 13:33:26 \| 10 \| 2,924.000 \| XLON \| x8K8wR3q1RD \| \| 12/04/2024 \| 13:32:57 \| 239 \| 2,924.500 \| XLON \| x8K8wR3qEoT \| \| 12/04/2024 \| 13:32:57 \| 760 \| 2,924.500 \| XLON \| x8K8wR3qEoV \| \| 12/04/2024 \| 13:31:10 \| 582 \| 2,924.000 \| XLON \| x8K8wR3qF1O \| \| 12/04/2024 \| 13:31:04 \| 520 \| 2,924.500 \| XLON \| x8K8wR3qF91 \| \| 12/04/2024 \| 13:30:08 \| 541 \| 2,925.000 \| XLON \| x8K8wR3qC0S \| \| 12/04/2024 \| 13:30:00 \| 439 \| 2,925.000 \| XLON \| x8K8wR3qCBd \| \| 12/04/2024 \| 13:29:33 \| 178 \| 2,925.000 \| XLON \| x8K8wR3qDap \| \| 12/04/2024 \| 13:29:33 \| 376 \| 2,925.000 \| XLON \| x8K8wR3qDar \| \| 12/04/2024 \| 13:29:03 \| 962 \| 2,925.500 \| XLON \| x8K8wR3qDnK \| \| 12/04/2024 \| 13:27:00 \| 270 \| 2,925.000 \| XLON \| x8K8wR3qA44 \| \| 12/04/2024 \| 13:26:44 \| 591 \| 2,925.000 \| XLON \| x8K8wR3qA98 \| \| 12/04/2024 \| 13:26:23 \| 115 \| 2,924.500 \| XLON \| x8K8wR3qASw \| \| 12/04/2024 \| 13:25:36 \| 21 \| 2,924.500 \| XLON \| x8K8wR3qBop \| \| 12/04/2024 \| 13:25:36 \| 207 \| 2,924.500 \| XLON \| x8K8wR3qBor \| \| 12/04/2024 \| 13:25:36 \| 151 \| 2,924.500 \| XLON \| x8K8wR3qBos \| \| 12/04/2024 \| 13:25:36 \| 21 \| 2,924.500 \| XLON \| x8K8wR3qBou \| \| 12/04/2024 \| 13:25:32 \| 419 \| 2,925.000 \| XLON \| x8K8wR3qB$s \| \| 12/04/2024 \| 13:25:12 \| 145 \| 2,925.000 \| XLON \| x8K8wR3qB1T \| \| 12/04/2024 \| 13:24:50 \| 288 \| 2,924.500 \| XLON \| x8K8wR3qBG0 \| \| 12/04/2024 \| 13:24:50 \| 142 \| 2,924.500 \| XLON \| x8K8wR3qBGQ \| \| 12/04/2024 \| 13:23:55 \| 251 \| 2,924.500 \| XLON \| x8K8wR3q8$C \| \| 12/04/2024 \| 13:23:49 \| 344 \| 2,925.000 \| XLON \| x8K8wR3q8xe \| \| 12/04/2024 \| 13:23:49 \| 523 \| 2,925.500 \| XLON \| x8K8wR3q8xy \| \| 12/04/2024 \| 13:22:40 \| 416 \| 2,926.000 \| XLON \| x8K8wR3q9kL \| \| 12/04/2024 \| 13:22:37 \| 370 \| 2,926.500 \| XLON \| x8K8wR3q9hX \| \| 12/04/2024 \| 13:22:17 \| 196 \| 2,926.000 \| XLON \| x8K8wR3q9uP \| \| 12/04/2024 \| 13:22:17 \| 256 \| 2,926.000 \| XLON \| x8K8wR3q9uR \| \| 12/04/2024 \| 13:22:02 \| 231 \| 2,926.000 \| XLON \| x8K8wR3q9Dt \| \| 12/04/2024 \| 13:22:02 \| 338 \| 2,926.000 \| XLON \| x8K8wR3q9Dv \| \| 12/04/2024 \| 13:21:09 \| 403 \| 2,925.500 \| XLON \| x8K8wR3rsg0 \| \| 12/04/2024 \| 13:20:20 \| 309 \| 2,925.500 \| XLON \| x8K8wR3rsMm \| \| 12/04/2024 \| 13:20:00 \| 326 \| 2,926.500 \| XLON \| x8K8wR3rtdf \| \| 12/04/2024 \| 13:20:00 \| 48 \| 2,926.500 \| XLON \| x8K8wR3rtcH \| \| 12/04/2024 \| 13:19:33 \| 538 \| 2,926.500 \| XLON \| x8K8wR3rtpi \| \| 12/04/2024 \| 13:18:47 \| 535 \| 2,926.000 \| XLON \| x8K8wR3rtU3 \| \| 12/04/2024 \| 13:18:03 \| 489 \| 2,925.000 \| XLON \| x8K8wR3rqPJ \| \| 12/04/2024 \| 13:17:57 \| 606 \| 2,925.000 \| XLON \| x8K8wR3rq$o \| \| 12/04/2024 \| 13:17:57 \| 28 \| 2,925.500 \| XLON \| x8K8wR3rq@s \| \| 12/04/2024 \| 13:17:57 \| 1164 \| 2,925.500 \| XLON \| x8K8wR3rq@u \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 13:14:12 \| 744 \| 2,923.000 \| XLON \| x8K8wR3ro0Z \| \| 12/04/2024 \| 13:12:24 \| 443 \| 2,922.000 \| XLON \| x8K8wR3rp2c \| \| 12/04/2024 \| 13:12:24 \| 645 \| 2,922.000 \| XLON \| x8K8wR3rp2n \| \| 12/04/2024 \| 13:11:12 \| 368 \| 2,922.500 \| XLON \| x8K8wR3rnnC \| \| 12/04/2024 \| 13:09:53 \| 296 \| 2,923.500 \| XLON \| x8K8wR3rnI0 \| \| 12/04/2024 \| 13:09:53 \| 125 \| 2,923.500 \| XLON \| x8K8wR3rnI2 \| \| 12/04/2024 \| 13:09:48 \| 356 \| 2,924.000 \| XLON \| x8K8wR3rngw \| \| 12/04/2024 \| 13:09:48 \| 252 \| 2,924.000 \| XLON \| x8K8wR3rngy \| \| 12/04/2024 \| 13:09:48 \| 1170 \| 2,924.000 \| XLON \| x8K8wR3rng5 \| \| 12/04/2024 \| 13:07:15 \| 453 \| 2,923.000 \| XLON \| x8K8wR3r@Er \| \| 12/04/2024 \| 13:07:15 \| 79 \| 2,923.000 \| XLON \| x8K8wR3r@Et \| \| 12/04/2024 \| 13:07:03 \| 760 \| 2,923.500 \| XLON \| x8K8wR3r@LD \| \| 12/04/2024 \| 13:06:46 \| 1140 \| 2,924.000 \| XLON \| x8K8wR3r@Pi \| \| 12/04/2024 \| 13:05:07 \| 500 \| 2,922.000 \| XLON \| x8K8wR3r$Nj \| \| 12/04/2024 \| 13:05:01 \| 52 \| 2,922.000 \| XLON \| x8K8wR3r$JK \| \| 12/04/2024 \| 13:05:01 \| 614 \| 2,922.000 \| XLON \| x8K8wR3r$JP \| \| 12/04/2024 \| 13:04:28 \| 1776 \| 2,922.000 \| XLON \| x8K8wR3ryiN \| \| 12/04/2024 \| 13:04:20 \| 754 \| 2,922.500 \| XLON \| x8K8wR3ryeJ \| \| 12/04/2024 \| 13:04:20 \| 380 \| 2,922.500 \| XLON \| x8K8wR3ryeH \| \| 12/04/2024 \| 13:03:54 \| 10 \| 2,922.000 \| XLON \| x8K8wR3ry5j \| \| 12/04/2024 \| 13:03:19 \| 185 \| 2,922.000 \| XLON \| x8K8wR3ryHK \| \| 12/04/2024 \| 13:03:19 \| 167 \| 2,922.000 \| XLON \| x8K8wR3ryHM \| \| 12/04/2024 \| 13:02:33 \| 550 \| 2,920.500 \| XLON \| x8K8wR3rznG \| \| 12/04/2024 \| 13:02:08 \| 550 \| 2,920.500 \| XLON \| x8K8wR3rz0l \| \| 12/04/2024 \| 13:02:04 \| 181 \| 2,920.000 \| XLON \| x8K8wR3rz2R \| \| 12/04/2024 \| 13:00:06 \| 497 \| 2,920.000 \| XLON \| x8K8wR3rwV9 \| \| 12/04/2024 \| 12:59:46 \| 200 \| 2,920.000 \| XLON \| x8K8wR3rwVK \| \| 12/04/2024 \| 12:59:46 \| 658 \| 2,920.000 \| XLON \| x8K8wR3rwVM \| \| 12/04/2024 \| 12:59:34 \| 11 \| 2,920.000 \| XLON \| x8K8wR3rxXH \| \| 12/04/2024 \| 12:57:47 \| 498 \| 2,920.500 \| XLON \| x8K8wR3ruZ7 \| \| 12/04/2024 \| 12:57:32 \| 411 \| 2,920.500 \| XLON \| x8K8wR3rugl \| \| 12/04/2024 \| 12:57:07 \| 480 \| 2,920.000 \| XLON \| x8K8wR3ruvL \| \| 12/04/2024 \| 12:56:39 \| 188 \| 2,920.500 \| XLON \| x8K8wR3ru8w \| \| 12/04/2024 \| 12:56:39 \| 381 \| 2,920.500 \| XLON \| x8K8wR3ru8y \| \| 12/04/2024 \| 12:56:20 \| 439 \| 2,920.500 \| XLON \| x8K8wR3ruHn \| \| 12/04/2024 \| 12:56:20 \| 229 \| 2,920.500 \| XLON \| x8K8wR3ruHp \| \| 12/04/2024 \| 12:54:34 \| 349 \| 2,920.000 \| XLON \| x8K8wR3rvRq \| \| 12/04/2024 \| 12:54:31 \| 77 \| 2,920.000 \| XLON \| x8K8wR3rvQ2 \| \| 12/04/2024 \| 12:54:31 \| 368 \| 2,920.000 \| XLON \| x8K8wR3rvQ4 \| \| 12/04/2024 \| 12:53:45 \| 461 \| 2,919.500 \| XLON \| x8K8wR3rcop \| \| 12/04/2024 \| 12:53:05 \| 460 \| 2,920.000 \| XLON \| x8K8wR3rcE5 \| \| 12/04/2024 \| 12:52:35 \| 461 \| 2,920.000 \| XLON \| x8K8wR3dbH \| \| 12/04/2024 \| 12:51:43 \| 23 \| 2,920.500 \| XLON \| x8K8wR3rdut \| \| 12/04/2024 \| 12:51:43 \| 551 \| 2,920.500 \| XLON \| x8K8wR3rduv \| \| 12/04/2024 \| 12:51:17 \| 49 \| 2,920.000 \| XLON \| x8K8wR3rd89 \| \| 12/04/2024 \| 12:51:17 \| 213 \| 2,920.000 \| XLON \| x8K8wR3rd8B \| \| 12/04/2024 \| 12:51:01 \| 544 \| 2,920.000 \| XLON \| x8K8wR3rdIG \| \| 12/04/2024 \| 12:50:46 \| 663 \| 2,920.000 \| XLON \| x8K8wR3raAE \| \| Date \| Time \| Volume \| Price \| Symbol \| TradeID \| \|------------\|----------\|--------\|--------\|--------\|-----------\| \| 12/04/2024 \| 12:50:13 \| 826 \| 2,919.500 \| XLON \| x8K8wR3ranW \| \| 12/04/2024 \| 12:50:13 \| 126 \| 2,919.500 \| XLON \| x8K8wR3ranY \| \| 12/04/2024 \| 12:48:48 \| 863 \| 2,919.000 \| XLON \| x8K8wR3rbjm \| \| 12/04/2024 \| 12:47:47 \| 418 \| 2,919.500 \| XLON \| x8K8wR3rbEc \| \| 12/04/2024 \| 12:47:47 \| 116 \| 2,919.500 \| XLON \| x8K8wR3rbEe \| \| 12/04/2024 \| 12:47:26 \| 1166 \| 2,919.500 \| XLON \| x8K8wR3rbGU \| \| 12/04/2024 \| 12:46:08 \| 123 \| 2,919.000 \| XLON \| x8K8wR3rYx2 \| \| 12/04/2024 \| 12:46:08 \| 19 \| 2,919.000 \| XLON \| x8K8wR3rYx4 \| \| 12/04/2024 \| 12:46:03 \| 419 \| 2,919.500 \| XLON \| x8K8wR3rY4p \| \| 12/04/2024 \| 12:46:03 \| 604 \| 2,919.500 \| XLON \| x8K8wR3rY4r \| \| 12/04/2024 \| 12:44:36 \| 997 \| 2,918.500 \| XLON \| x8K8wR3rZqP \| \| 12/04/2024 \| 12:43:26 \| 900 \| 2,918.500 \| XLON \| x8K8wR3rWbC \| \| 12/04/2024 \| 12:43:26 \| 10 \| 2,918.500 \| XLON \| x8K8wR3rWbE \| \| 12/04/2024 \| 12:41:53 \| 702 \| 2,918.000 \| XLON \| x8K8wR3rWGR \| \| 12/04/2024 \| 12:41:30 \| 954 \| 2,918.500 \| XLON \| x8K8wR3rXaA \| \| 12/04/2024 \| 12:40:25 \| 808 \| 2,918.500 \| XLON \| x8K8wR3rXFe \| \| 12/04/2024 \| 12:39:20 \| 328 \| 2,918.000 \| XLON \| x8K8wR3rkk2 \| \| 12/04/2024 \| 12:38:15 \| 220 \| 2,917.000 \| XLON \| x8K8wR3rkc2 \| \| 12/04/2024 \| 12:38:15 \| 747 \| 2,917.000 \| XLON \| x8K8wR3rkc9 \| \| 12/04/2024 \| 12:37:38 \| 230 \| 2,917.000 \| XLON \| x8K8wR3rkO1 \| \| 12/04/2024 \| 12:36:02 \| 366 \| 2,917.000 \| XLON \| x8K8wR3rIL7 \| \| 12/04/2024 \| 12:35:59 \| 365 \| 2,917.500 \| XLON \| x8K8wR3rNY \| \| 12/04/2024 \| 12:35:50 \| 613 \| 2,917.500 \| XLON \| x8K8wR3rlJZ \| \| 12/04/2024 \| 12:35:20 \| 190 \| 2,917.000 \| XLON \| x8K8wR3ricr \| \| 12/04/2024 \| 12:34:37 \| 473 \| 2,917.000 \| XLON \| x8K8wR3riu5 \| \| 12/04/2024 \| 12:34:16 \| 445 \| 2,917.500 \| XLON \| x8K8wR3rDE \| \| 12/04/2024 \| 12:33:25 \| 194 \| 2,917.500 \| XLON \| x8K8wR3rjlx \| \| 12/04/2024 \| 12:33:25 \| 200 \| 2,917.500 \| XLON \| x8K8wR3rjlz \| \| 12/04/2024 \| 12:32:15 \| 297 \| 2,919.000 \| XLON \| x8K8wR3rjM$ \| \| 12/04/2024 \| 12:32:15 \| 483 \| 2,919.000 \| XLON \| x8K8wR3rjM9 \| \| 12/04/2024 \| 12:31:37 \| 482 \| 2,919.000 \| XLON \| x8K8wR3rgj0 \| \| 12/04/2024 \| 12:31:01 \| 483 \| 2,918.000 \| XLON \| x8K8wR3rgyG \| \| 12/04/2024 \| 12:30:18 \| 451 \| 2,919.000 \| XLON \| x8K8wR3rgMe \| \| 12/04/2024 \| 12:29:43 \| 253 \| 2,919.500 \| XLON \| x8K8wR3rhYs \| \| 12/04/2024 \| 12:29:43 \| 62 \| 2,919.500 \| XLON \| x8K8wR3rhYu \| \| 12/04/2024 \| 12:29:09 \| 315 \| 2,919.000 \| XLON \| x8K8wR3rhow \| \| 12/04/2024 \| 12:28:13 \| 551 \| 2,918.000 \| XLON \| x8K8wR3rhHh \| \| 12/04/2024 \| 12:28:00 \| 387 \| 2,917.500 \| XLON \| x8K8wR3rhUU \| \| 12/04/2024 \| 12:27:37 \| 483 \| 2,917.500 \| XLON \| x8K8wR3rei$ \| \| 12/04/2024 \| 12:27:37 \| 412 \| 2,917.500 \| XLON \| x8K8wR3rei1 \| \| 12/04/2024 \| 12:24:58 \| 62 \| 2,915.000 \| XLON \| x8K8wR3rfxn \| \| 12/04/2024 \| 12:24:57 \| 79 \| 2,915.000 \| XLON \| x8K8wR3rfxy \| \| 12/04/2024 \| 12:24:57 \| 221 \| 2,915.000 \| XLON \| x8K8wR3rfx@ \| \| 12/04/2024 \| 12:24:08 \| 339 \| 2,914.500 \| XLON \| x8K8wR3rfQk \| \| 12/04/2024 \| 12:23:59 \| 452 \| 2,914.500 \| XLON \| x8K8wR3rMWk \| \| 12/04/2024 \| 12:23:54 \| 1033 \| 2,915.000 \| XLON \| x8K8wR3rMYh \| \| 12/04/2024 \| 12:21:42 \| 373 \| 2,913.500 \| XLON \| x8K8wR3rNiv \| \| 12/04/2024 \| 12:20:45 \| 481 \| 2,913.500 \| XLON \| x8K8wR3rN33 \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 12:20:45 \| 334 \| 2,913.000 \| XLON \| x8K8wR3rN3w \| \| 12/04/2024 \| 12:20:20 \| 31 \| 2,913.000 \| XLON \| x8K8wR3rNHq \| \| 12/04/2024 \| 12:19:02 \| 359 \| 2,913.000 \| XLON \| x8K8wR3rK48 \| \| 12/04/2024 \| 12:18:52 \| 289 \| 2,913.500 \| XLON \| x8K8wR3rKEd \| \| 12/04/2024 \| 12:18:02 \| 309 \| 2,913.500 \| XLON \| x8K8wR3rLld \| \| 12/04/2024 \| 12:18:00 \| 438 \| 2,913.500 \| XLON \| x8K8wR3rLkf \| \| 12/04/2024 \| 12:17:16 \| 394 \| 2,913.500 \| XLON \| x8K8wR3rL5T \| \| 12/04/2024 \| 12:16:31 \| 166 \| 2,914.000 \| XLON \| x8K8wR3rLlk \| \| 12/04/2024 \| 12:16:31 \| 258 \| 2,914.000 \| XLON \| x8K8wR3rLlm \| \| 12/04/2024 \| 12:16:31 \| 114 \| 2,914.000 \| XLON \| x8K8wR3rLls \| \| 12/04/2024 \| 12:16:22 \| 772 \| 2,914.500 \| XLON \| x8K8wR3rLP@ \| \| 12/04/2024 \| 12:13:48 \| 326 \| 2,912.500 \| XLON \| x8K8wR3rJd0 \| \| 12/04/2024 \| 12:13:48 \| 7 \| 2,912.500 \| XLON \| x8K8wR3rJdD \| \| 12/04/2024 \| 12:13:48 \| 376 \| 2,912.500 \| XLON \| x8K8wR3rJdF \| \| 12/04/2024 \| 12:12:29 \| 578 \| 2,913.000 \| XLON \| x8K8wR3rJFx \| \| 12/04/2024 \| 12:12:01 \| 329 \| 2,912.500 \| XLON \| x8K8wR3rJVJ \| \| 12/04/2024 \| 12:12:01 \| 38 \| 2,912.500 \| XLON \| x8K8wR3rJVL \| \| 12/04/2024 \| 12:10:20 \| 350 \| 2,913.000 \| XLON \| x8K8wR3rGCM \| \| 12/04/2024 \| 12:10:20 \| 471 \| 2,913.000 \| XLON \| x8K8wR3rGCT \| \| 12/04/2024 \| 12:08:53 \| 248 \| 2,914.000 \| XLON \| x8K8wR3rH5f \| \| 12/04/2024 \| 12:08:50 \| 362 \| 2,914.000 \| XLON \| x8K8wR3rH7y \| \| 12/04/2024 \| 12:08:50 \| 99 \| 2,914.000 \| XLON \| x8K8wR3rH7H \| \| 12/04/2024 \| 12:08:50 \| 461 \| 2,914.000 \| XLON \| x8K8wR3rH7J \| \| 12/04/2024 \| 12:07:39 \| 362 \| 2,914.500 \| XLON \| x8K8wR3rUj8 \| \| 12/04/2024 \| 12:06:22 \| 434 \| 2,915.000 \| XLON \| x8K8wR3rUK@ \| \| 12/04/2024 \| 12:06:07 \| 188 \| 2,915.500 \| XLON \| x8K8wR3rUP1 \| \| 12/04/2024 \| 12:06:07 \| 312 \| 2,915.500 \| XLON \| x8K8wR3rUP3 \| \| 12/04/2024 \| 12:05:48 \| 719 \| 2,916.000 \| XLON \| x8K8wR3rVWJ \| \| 12/04/2024 \| 12:05:03 \| 1250 \| 2,915.500 \| XLON \| x8K8wR3rV5W \| \| 12/04/2024 \| 12:03:02 \| 1227 \| 2,914.500 \| XLON \| x8K8wR3rSE3 \| \| 12/04/2024 \| 12:00:46 \| 507 \| 2,914.000 \| XLON \| x8K8wR3rQb2 \| \| 12/04/2024 \| 11:59:46 \| 256 \| 2,914.000 \| XLON \| x8K8wR3rQ2R \| \| 12/04/2024 \| 11:59:02 \| 483 \| 2,914.000 \| XLON \| x8K8wR3rQOV \| \| 12/04/2024 \| 11:58:49 \| 453 \| 2,914.500 \| XLON \| x8K8wR3rRZZ \| \| 12/04/2024 \| 11:58:17 \| 492 \| 2,914.500 \| XLON \| x8K8wR3rRmK \| \| 12/04/2024 \| 11:57:35 \| 743 \| 2,914.500 \| XLON \| x8K8wR3rRK$ \| \| 12/04/2024 \| 11:57:30 \| 1523 \| 2,915.000 \| XLON \| x8K8wR3rRHe \| \| 12/04/2024 \| 11:53:26 \| 592 \| 2,912.000 \| XLON \| x8K8wR3r6lc \| \| 12/04/2024 \| 11:52:49 \| 10 \| 2,911.000 \| XLON \| x8K8wR3r6w2 \| \| 12/04/2024 \| 11:52:06 \| 320 \| 2,912.000 \| XLON \| x8K8wR3r6QI \| \| 12/04/2024 \| 11:51:27 \| 500 \| 2,912.000 \| XLON \| x8K8wR3r7m9 \| \| 12/04/2024 \| 11:50:25 \| 370 \| 2,913.000 \| XLON \| x8K8wR3r7RL \| \| 12/04/2024 \| 11:50:06 \| 400 \| 2,913.000 \| XLON \| x8K8wR3r4iw \| \| 12/04/2024 \| 11:48:43 \| 99 \| 2,912.500 \| XLON \| x8K8wR3r4lY \| \| 12/04/2024 \| 11:48:43 \| 296 \| 2,912.500 \| XLON \| x8K8wR3r4la \| \| 12/04/2024 \| 11:48:24 \| 10 \| 2,912.500 \| XLON \| x8K8wR3r5bt \| \| 12/04/2024 \| 11:47:50 \| 121 \| 2,912.500 \| XLON \| x8K8wR3r5sJ \| \| 12/04/2024 \| 11:47:50 \| 147 \| 2,912.500 \| XLON \| x8K8wR3r5sL \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 11:47:01 \| 268 \| 2,913.000 \| XLON \| x8K8wR3r5Nf \| \| 12/04/2024 \| 11:46:17 \| 560 \| 2,914.000 \| XLON \| x8K8wR3r2ju \| \| 12/04/2024 \| 11:45:01 \| 406 \| 2,915.000 \| XLON \| x8K8wR3r2Hb \| \| 12/04/2024 \| 11:44:57 \| 184 \| 2,915.000 \| XLON \| x8K8wR3r2l6 \| \| 12/04/2024 \| 11:43:59 \| 544 \| 2,915.500 \| XLON \| x8K8wR3r3$H \| \| 12/04/2024 \| 11:43:59 \| 10 \| 2,915.500 \| XLON \| x8K8wR3r3$J \| \| 12/04/2024 \| 11:43:02 \| 275 \| 2,916.000 \| XLON \| x8K8wR3r3TS \| \| 12/04/2024 \| 11:42:53 \| 164 \| 2,916.000 \| XLON \| x8K8wR3r3O2 \| \| 12/04/2024 \| 11:42:07 \| 330 \| 2,916.500 \| XLON \| x8K8wR3r0oP \| \| 12/04/2024 \| 11:41:42 \| 297 \| 2,917.000 \| XLON \| x8K8wR3r0Dr \| \| 12/04/2024 \| 11:40:50 \| 282 \| 2,917.500 \| XLON \| x8K8wR3r1dw \| \| 12/04/2024 \| 11:40:45 \| 362 \| 2,917.500 \| XLON \| x8K8wR3r1ZI \| \| 12/04/2024 \| 11:39:52 \| 290 \| 2,918.000 \| XLON \| x8K8wR3r17w \| \| 12/04/2024 \| 11:39:33 \| 350 \| 2,918.500 \| XLON \| x8K8wR3r1EH \| \| 12/04/2024 \| 11:38:34 \| 337 \| 2,919.000 \| XLON \| x8K8wR3rEkg \| \| 12/04/2024 \| 11:38:17 \| 534 \| 2,919.000 \| XLON \| x8K8wR3rEnh \| \| 12/04/2024 \| 11:37:26 \| 352 \| 2,919.500 \| XLON \| x8K8wR3rEGZ \| \| 12/04/2024 \| 11:37:02 \| 158 \| 2,919.000 \| XLON \| x8K8wR3rFdK \| \| 12/04/2024 \| 11:36:38 \| 10 \| 2,918.500 \| XLON \| x8K8wR3rFf7 \| \| 12/04/2024 \| 11:36:06 \| 385 \| 2,918.500 \| XLON \| x8K8wR3rFvk \| \| 12/04/2024 \| 11:36:03 \| 743 \| 2,919.000 \| XLON \| x8K8wR3rFxN \| \| 12/04/2024 \| 11:35:46 \| 985 \| 2,919.500 \| XLON \| x8K8wR3rFOO \| \| 12/04/2024 \| 11:35:46 \| 364 \| 2,919.500 \| XLON \| x8K8wR3rF0S \| \| 12/04/2024 \| 11:32:17 \| 484 \| 2,919.500 \| XLON \| x8K8wR3rDvn \| \| 12/04/2024 \| 11:31:02 \| 410 \| 2,918.500 \| XLON \| x8K8wR3rAap \| \| 12/04/2024 \| 11:30:21 \| 342 \| 2,918.500 \| XLON \| x8K8wR3rAsJ \| \| 12/04/2024 \| 11:29:41 \| 90 \| 2,919.500 \| XLON \| x8K8wR3rAE7 \| \| 12/04/2024 \| 11:29:41 \| 475 \| 2,919.500 \| XLON \| x8K8wR3rAE9 \| \| 12/04/2024 \| 11:29:41 \| 317 \| 2,919.500 \| XLON \| x8K8wR3rAEE \| \| 12/04/2024 \| 11:29:41 \| 376 \| 2,919.500 \| XLON \| x8K8wR3rAEG \| \| 12/04/2024 \| 11:29:33 \| 36 \| 2,919.500 \| XLON \| x8K8wR3rABD \| \| 12/04/2024 \| 11:29:17 \| 10 \| 2,919.500 \| XLON \| x8K8wR3rATX \| \| 12/04/2024 \| 11:28:48 \| 754 \| 2,919.500 \| XLON \| x8K8wR3rBk3 \| \| 12/04/2024 \| 11:27:24 \| 404 \| 2,920.000 \| XLON \| x8K8wR3rBTk \| \| 12/04/2024 \| 11:27:24 \| 376 \| 2,920.000 \| XLON \| x8K8wR3rBTm \| \| 12/04/2024 \| 11:27:24 \| 33 \| 2,920.000 \| XLON \| x8K8wR3rBT0 \| \| 12/04/2024 \| 11:26:33 \| 1401 \| 2,920.500 \| XLON \| x8K8wR3r8pG \| \| 12/04/2024 \| 11:22:51 \| 281 \| 2,918.500 \| XLON \| x8K8wR3ssOL \| \| 12/04/2024 \| 11:22:26 \| 288 \| 2,919.500 \| XLON \| x8K8wR3ss6z \| \| 12/04/2024 \| 11:22:26 \| 414 \| 2,919.500 \| XLON \| x8K8wR3ss67 \| \| 12/04/2024 \| 11:22:26 \| 101 \| 2,919.500 \| XLON \| x8K8wR3ss6E \| \| 12/04/2024 \| 11:21:56 \| 10 \| 2,919.500 \| XLON \| x8K8wR3ssGZ \| \| 12/04/2024 \| 11:21:50 \| 250 \| 2,919.500 \| XLON \| x8K8wR3ssT4 \| \| 12/04/2024 \| 11:21:00 \| 402 \| 2,920.500 \| XLON \| x8K8wR3st@C \| \| 12/04/2024 \| 11:21:00 \| 444 \| 2,920.500 \| XLON \| x8K8wR3st@J \| \| 12/04/2024 \| 11:20:27 \| 463 \| 2,920.500 \| XLON \| x8K8wR3stLQ \| \| 12/04/2024 \| 11:20:27 \| 10 \| 2,920.500 \| XLON \| x8K8wR3stLS \| \| 12/04/2024 \| 11:19:30 \| 505 \| 2,920.500 \| XLON \| x8K8wR3sqni \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 11:18:59 \| 575 \| 2,920.00 \| XLON \| x8K8wR3sq9o \| \| 12/04/2024 \| 11:18:55 \| 1307 \| 2,920.500 \| XLON \| x8K8wR3sqBX \| \| 12/04/2024 \| 11:18:31 \| 158 \| 2,920.000 \| XLON \| x8K8wR3sqOP \| \| 12/04/2024 \| 11:15:16 \| 527 \| 2,918.500 \| XLON \| x8K8wR3soHT \| \| 12/04/2024 \| 11:15:03 \| 664 \| 2,919.000 \| XLON \| x8K8wR3soPl \| \| 12/04/2024 \| 11:15:03 \| 337 \| 2,919.000 \| XLON \| x8K8wR3soPn \| \| 12/04/2024 \| 11:13:57 \| 178 \| 2,919.500 \| XLON \| x8K8wR3sp2J \| \| 12/04/2024 \| 11:13:57 \| 8 \| 2,919.500 \| XLON \| x8K8wR3sp2L \| \| 12/04/2024 \| 11:13:57 \| 1183 \| 2,919.500 \| XLON \| x8K8wR3sp2N \| \| 12/04/2024 \| 11:12:56 \| 328 \| 2,920.000 \| XLON \| x8K8wR3smhS \| \| 12/04/2024 \| 11:12:56 \| 831 \| 2,920.000 \| XLON \| x8K8wR3smhU \| \| 12/04/2024 \| 11:11:19 \| 512 \| 2,920.000 \| XLON \| x8K8wR3smQo \| \| 12/04/2024 \| 11:11:19 \| 376 \| 2,920.000 \| XLON \| x8K8wR3smQq \| \| 12/04/2024 \| 11:09:51 \| 79 \| 2,920.000 \| XLON \| x8K8wR3snMn \| \| 12/04/2024 \| 11:09:51 \| 198 \| 2,920.000 \| XLON \| x8K8wR3snMp \| \| 12/04/2024 \| 11:08:36 \| 481 \| 2,919.500 \| XLON \| x8K8wR3s@4D \| \| 12/04/2024 \| 11:08:31 \| 326 \| 2,919.500 \| XLON \| x8K8wR3s@6Q \| \| 12/04/2024 \| 11:08:14 \| 57 \| 2,919.500 \| XLON \| x8K8wR3s@Hr \| \| 12/04/2024 \| 11:07:42 \| 483 \| 2,920.000 \| XLON \| x8K8wR3s$ZC \| \| 12/04/2024 \| 11:07:17 \| 98 \| 2,920.000 \| XLON \| x8K8wR3s$sse \| \| 12/04/2024 \| 11:07:17 \| 596 \| 2,920.000 \| XLON \| x8K8wR3s$sg \| \| 12/04/2024 \| 11:07:17 \| 607 \| 2,920.000 \| XLON \| x8K8wR3s$sm \| \| 12/04/2024 \| 11:07:17 \| 255 \| 2,920.000 \| XLON \| x8K8wR3s$so \| \| 12/04/2024 \| 11:07:17 \| 634 \| 2,920.000 \| XLON \| x8K8wR3s$sq \| \| 12/04/2024 \| 11:07:13 \| 10 \| 2,920.000 \| XLON \| x8K8wR3s$nl \| \| 12/04/2024 \| 11:05:02 \| 345 \| 2,918.500 \| XLON \| x8K8wR3sy9n \| \| 12/04/2024 \| 11:05:02 \| 375 \| 2,918.500 \| XLON \| x8K8wR3sy9p \| \| 12/04/2024 \| 11:05:00 \| 145 \| 2,918.500 \| XLON \| x8K8wR3sy8l \| \| 12/04/2024 \| 11:04:02 \| 910 \| 2,918.000 \| XLON \| x8K8wR3szkl \| \| 12/04/2024 \| 11:01:32 \| 289 \| 2,916.000 \| XLON \| x8K8wR3sw5h \| \| 12/04/2024 \| 11:01:32 \| 267 \| 2,916.000 \| XLON \| x8K8wR3sw5j \| \| 12/04/2024 \| 11:01:32 \| 622 \| 2,916.000 \| XLON \| x8K8wR3sw5g \| \| 12/04/2024 \| 11:00:08 \| 314 \| 2,917.000 \| XLON \| x8K8wR3sx@3 \| \| 12/04/2024 \| 11:00:08 \| 50 \| 2,917.000 \| XLON \| x8K8wR3sx@5 \| \| 12/04/2024 \| 11:00:08 \| 224 \| 2,917.000 \| XLON \| x8K8wR3sx@7 \| \| 12/04/2024 \| 11:00:08 \| 195 \| 2,917.000 \| XLON \| x8K8wR3sx@M \| \| 12/04/2024 \| 11:00:08 \| 131 \| 2,917.000 \| XLON \| x8K8wR3sx@O \| \| 12/04/2024 \| 10:59:14 \| 357 \| 2,917.500 \| XLON \| x8K8wR3suXp \| \| 12/04/2024 \| 10:58:57 \| 285 \| 2,918.000 \| XLON \| x8K8wR3sue5 \| \| 12/04/2024 \| 10:58:57 \| 149 \| 2,918.000 \| XLON \| x8K8wR3sue7 \| \| 12/04/2024 \| 10:57:49 \| 247 \| 2,917.500 \| XLON \| x8K8wR3suM7 \| \| 12/04/2024 \| 10:57:49 \| 452 \| 2,918.000 \| XLON \| x8K8wR3suM9 \| \| 12/04/2024 \| 10:57:49 \| 431 \| 2,918.500 \| XLON \| x8K8wR3suMN \| \| 12/04/2024 \| 10:57:49 \| 218 \| 2,918.500 \| XLON \| x8K8wR3suMP \| \| 12/04/2024 \| 10:56:02 \| 245 \| 2,919.000 \| XLON \| x8K8wR3svLT \| \| 12/04/2024 \| 10:55:52 \| 354 \| 2,919.500 \| XLON \| x8K8wR3svTc \| \| 12/04/2024 \| 10:55:52 \| 478 \| 2,919.500 \| XLON \| x8K8wR3svTj \| \| 12/04/2024 \| 10:55:10 \| 197 \| 2,920.000 \| XLON \| x8K8wR3sceo \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 10:55:10 \| 408 \| 2,920.00 \| XLON \| x8K8wR3sceq \| \| 12/04/2024 \| 10:55:10 \| 20 \| 2,920.00 \| XLON \| x8K8wR3sces \| \| 12/04/2024 \| 10:54:57 \| 1201 \| 2,920.00 \| XLON \| x8K8wR3scmG \| \| 12/04/2024 \| 10:53:59 \| 10 \| 2,919.00 \| XLON \| x8K8wR3sdbe \| \| 12/04/2024 \| 10:53:43 \| 103 \| 2,919.00 \| XLON \| x8K8wR3sdWN \| \| 12/04/2024 \| 10:52:47 \| 870 \| 2,919.00 \| XLON \| x8K8wR3sd3D \| \| 12/04/2024 \| 10:51:55 \| 1074 \| 2,919.00 \| XLON \| x8K8wR3saYE \| \| 12/04/2024 \| 10:49:34 \| 326 \| 2,916.00 \| XLON \| x8K8wR3sbuX \| \| 12/04/2024 \| 10:49:06 \| 412 \| 2,916.00 \| XLON \| x8K8wR3sb9l \| \| 12/04/2024 \| 10:48:34 \| 96 \| 2,916.00 \| XLON \| x8K8wR3sbQb \| \| 12/04/2024 \| 10:48:34 \| 433 \| 2,916.00 \| XLON \| x8K8wR3sbQd \| \| 12/04/2024 \| 10:47:58 \| 432 \| 2,916.500 \| XLON \| x8K8wR3sYrk \| \| 12/04/2024 \| 10:46:42 \| 467 \| 2,916.500 \| XLON \| x8K8wR3sYRR \| \| 12/04/2024 \| 10:46:38 \| 10 \| 2,916.500 \| XLON \| x8K8wR3sZdd \| \| 12/04/2024 \| 10:46:33 \| 426 \| 2,916.500 \| XLON \| x8K8wR3sZXs \| \| 12/04/2024 \| 10:46:16 \| 571 \| 2,916.500 \| XLON \| x8K8wR3sZku \| \| 12/04/2024 \| 10:45:13 \| 643 \| 2,917.000 \| XLON \| x8K8wR3sZNG \| \| 12/04/2024 \| 10:45:10 \| 10 \| 2,917.000 \| XLON \| x8K8wR3sZHj \| \| 12/04/2024 \| 10:45:02 \| 98 \| 2,917.000 \| XLON \| x8K8wR3sZVW \| \| 12/04/2024 \| 10:44:33 \| 108 \| 2,917.000 \| XLON \| x8K8wR3sWf3 \| \| 12/04/2024 \| 10:44:13 \| 561 \| 2,917.000 \| XLON \| x8K8wR3sWzg \| \| 12/04/2024 \| 10:43:24 \| 398 \| 2,917.000 \| XLON \| x8K8wR3sWSD \| \| 12/04/2024 \| 10:41:57 \| 296 \| 2,916.500 \| XLON \| x8K8wR3sXEv \| \| 12/04/2024 \| 10:41:57 \| 291 \| 2,916.500 \| XLON \| x8K8wR3sXEx \| \| 12/04/2024 \| 10:40:52 \| 546 \| 2,918.500 \| XLON \| x8K8wR3skzN \| \| 12/04/2024 \| 10:40:52 \| 661 \| 2,919.000 \| XLON \| x8K8wR3skyX \| \| 12/04/2024 \| 10:39:56 \| 23 \| 2,919.000 \| XLON \| x8K8wR3skr9 \| \| 12/04/2024 \| 10:39:56 \| 614 \| 2,919.000 \| XLON \| x8K8wR3skRB \| \| 12/04/2024 \| 10:39:08 \| 24 \| 2,918.500 \| XLON \| x8K8wR3slp5 \| \| 12/04/2024 \| 10:39:08 \| 176 \| 2,918.500 \| XLON \| x8K8wR3slp7 \| \| 12/04/2024 \| 10:39:08 \| 370 \| 2,918.500 \| XLON \| x8K8wR3slp9 \| \| 12/04/2024 \| 10:38:17 \| 405 \| 2,918.500 \| XLON \| x8K8wR3slIT \| \| 12/04/2024 \| 10:37:00 \| 576 \| 2,919.000 \| XLON \| x8K8wR3si2o \| \| 12/04/2024 \| 10:36:02 \| 441 \| 2,918.500 \| XLON \| x8K8wR3sjZ_ \| \| 12/04/2024 \| 10:35:59 \| 477 \| 2,919.000 \| XLON \| x8K8wR3sjlY \| \| 12/04/2024 \| 10:34:48 \| 337 \| 2,920.000 \| XLON \| x8K8wR3sjJY \| \| 12/04/2024 \| 10:34:40 \| 484 \| 2,920.500 \| XLON \| x8K8wR3sjUp \| \| 12/04/2024 \| 10:34:11 \| 216 \| 2,919.500 \| XLON \| x8K8wR3sghv \| \| 12/04/2024 \| 10:33:52 \| 673 \| 2,919.500 \| XLON \| x8K8wR3sg$m \| \| 12/04/2024 \| 10:33:31 \| 652 \| 2,920.000 \| XLON \| x8K8wR3sg0e \| \| 12/04/2024 \| 10:32:00 \| 108 \| 2,917.500 \| XLON \| x8K8wR3sh7t \| \| 12/04/2024 \| 10:32:00 \| 491 \| 2,917.500 \| XLON \| x8K8wR3sh7v \| \| 12/04/2024 \| 10:31:22 \| 468 \| 2,917.500 \| XLON \| x8K8wR3shJE \| \| 12/04/2024 \| 10:29:46 \| 82 \| 2,917.000 \| XLON \| x8K8wR3seMb \| \| 12/04/2024 \| 10:29:46 \| 121 \| 2,917.000 \| XLON \| x8K8wR3seMd \| \| 12/04/2024 \| 10:29:46 \| 235 \| 2,917.000 \| XLON \| x8K8wR3seMf \| \| 12/04/2024 \| 10:29:46 \| 516 \| 2,917.000 \| XLON \| x8K8wR3seMI \| \| 12/04/2024 \| 10:29:40 \| 428 \| 2,917.500 \| XLON \| x8K8wR3seT4 \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 10:28:07 \| 566 \| 2,917.000 \| XLON \| x8K8wR3sf8x \| \| 12/04/2024 \| 10:28:02 \| 625 \| 2,917.500 \| XLON \| x8K8wR3sfKh \| \| 12/04/2024 \| 10:27:53 \| 470 \| 2,918.000 \| XLON \| x8K8wR3sITF \| \| 12/04/2024 \| 10:26:06 \| 450 \| 2,917.000 \| XLON \| x8K8wR3sMJM \| \| 12/04/2024 \| 10:25:26 \| 16 \| 2,917.000 \| XLON \| x8K8wR3sNrD \| \| 12/04/2024 \| 10:25:26 \| 329 \| 2,917.000 \| XLON \| x8K8wR3sNrF \| \| 12/04/2024 \| 10:25:26 \| 240 \| 2,917.000 \| XLON \| x8K8wR3sNrK \| \| 12/04/2024 \| 10:25:26 \| 234 \| 2,917.000 \| XLON \| x8K8wR3sNrM \| \| 12/04/2024 \| 10:25:26 \| 92 \| 2,917.000 \| XLON \| x8K8wR3sNrO \| \| 12/04/2024 \| 10:24:49 \| 387 \| 2,916.000 \| XLON \| x8K8wR3sNDP \| \| 12/04/2024 \| 10:24:14 \| 132 \| 2,916.500 \| XLON \| x8K8wR3sNTE \| \| 12/04/2024 \| 10:24:14 \| 220 \| 2,916.500 \| XLON \| x8K8wR3sNTG \| \| 12/04/2024 \| 10:23:10 \| 584 \| 2,916.500 \| XLON \| x8K8wR3sK@H \| \| 12/04/2024 \| 10:23:06 \| 10 \| 2,916.500 \| XLON \| x8K8wR3sKxi \| \| 12/04/2024 \| 10:23:02 \| 372 \| 2,916.500 \| XLON \| x8K8wR3sK7l \| \| 12/04/2024 \| 10:22:12 \| 405 \| 2,916.000 \| XLON \| x8K8wR3sLaE \| \| 12/04/2024 \| 10:21:52 \| 590 \| 2,916.000 \| XLON \| x8K8wR3sLrc \| \| 12/04/2024 \| 10:21:38 \| 10 \| 2,916.000 \| XLON \| x8K8wR3sLoA \| \| 12/04/2024 \| 10:20:20 \| 476 \| 2,916.000 \| XLON \| x8K8wR3sIrk \| \| 12/04/2024 \| 10:20:05 \| 572 \| 2,915.000 \| XLON \| x8K8wR3sIpl \| \| 12/04/2024 \| 10:19:58 \| 1165 \| 2,915.500 \| XLON \| x8K8wR3sI@t \| \| 12/04/2024 \| 10:19:44 \| 404 \| 2,916.000 \| XLON \| x8K8wR3sI@f \| \| 12/04/2024 \| 10:19:44 \| 2 \| 2,916.000 \| XLON \| x8K8wR3sI7u \| \| 12/04/2024 \| 10:19:44 \| 596 \| 2,916.000 \| XLON \| x8K8wR3sI7w \| \| 12/04/2024 \| 10:19:44 \| 582 \| 2,916.000 \| XLON \| x8K8wR3sI7y \| \| 12/04/2024 \| 10:17:13 \| 10 \| 2,912.500 \| XLON \| x8K8wR3sGaT \| \| 12/04/2024 \| 10:15:06 \| 72 \| 2,912.000 \| XLON \| x8K8wR3sHfx \| \| 12/04/2024 \| 10:15:06 \| 183 \| 2,912.000 \| XLON \| x8K8wR3sHfz \| \| 12/04/2024 \| 10:15:06 \| 366 \| 2,912.000 \| XLON \| x8K8wR3sHf9 \| \| 12/04/2024 \| 10:14:46 \| 383 \| 2,912.000 \| XLON \| x8K8wR3sH$q \| \| 12/04/2024 \| 10:14:39 \| 428 \| 2,912.500 \| XLON \| x8K8wR3sHuF \| \| 12/04/2024 \| 10:13:22 \| 340 \| 2,914.500 \| XLON \| x8K8wR3sUlc \| \| 12/04/2024 \| 10:13:15 \| 453 \| 2,914.500 \| XLON \| x8K8wR3sUh0 \| \| 12/04/2024 \| 10:13:15 \| 9 \| 2,914.500 \| XLON \| x8K8wR3sUh2 \| \| 12/04/2024 \| 10:13:15 \| 353 \| 2,915.000 \| XLON \| x8K8wR3sUgp \| \| 12/04/2024 \| 10:11:45 \| 393 \| 2,915.500 \| XLON \| x8K8wR3sVap \| \| 12/04/2024 \| 10:11:45 \| 306 \| 2,915.500 \| XLON \| x8K8wR3sVau \| \| 12/04/2024 \| 10:11:10 \| 365 \| 2,916.000 \| XLON \| x8K8wR3sVse \| \| 12/04/2024 \| 10:11:10 \| 458 \| 2,916.000 \| XLON \| x8K8wR3sVsx \| \| 12/04/2024 \| 10:10:47 \| 535 \| 2,916.500 \| XLON \| x8K8wR3sVxU \| \| 12/04/2024 \| 10:09:43 \| 310 \| 2,915.500 \| XLON \| x8K8wR3sVQ8 \| \| 12/04/2024 \| 10:09:43 \| 121 \| 2,915.500 \| XLON \| x8K8wR3sVQA \| \| 12/04/2024 \| 10:09:43 \| 222 \| 2,915.500 \| XLON \| x8K8wR3sVQC \| \| 12/04/2024 \| 10:09:43 \| 1239 \| 2,915.500 \| XLON \| x8K8wR3sVQQ \| \| 12/04/2024 \| 10:09:14 \| 10 \| 2,912.000 \| XLON \| x8K8wR3sSqF \| \| 12/04/2024 \| 10:08:53 \| 117 \| 2,912.000 \| XLON \| x8K8wR3sS5V \| \| 12/04/2024 \| 10:08:14 \| 521 \| 2,912.000 \| XLON \| x8K8wR3sSTw \| \| 12/04/2024 \| 10:06:38 \| 523 \| 2,910.500 \| XLON \| x8K8wR3sTGm \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 10:05:44 \| 360 \| 2,911.000 \| XLON \| x8K8wR3sQq1 \| \| 12/04/2024 \| 10:05:44 \| 404 \| 2,911.000 \| XLON \| x8K8wR3sQqO \| \| 12/04/2024 \| 10:05:44 \| 180 \| 2,911.000 \| XLON \| x8K8wR3sQqQ \| \| 12/04/2024 \| 10:05:14 \| 10 \| 2,911.000 \| XLON \| x8K8wR3sQ5B \| \| 12/04/2024 \| 10:04:59 \| 380 \| 2,911.000 \| XLON \| x8K8wR3sQD$ \| \| 12/04/2024 \| 10:04:56 \| 545 \| 2,911.500 \| XLON \| x8K8wR3sQCk \| \| 12/04/2024 \| 10:04:09 \| 538 \| 2,911.500 \| XLON \| x8K8wR3sRas \| \| 12/04/2024 \| 10:03:35 \| 813 \| 2,911.500 \| XLON \| x8K8wR3sRmS \| \| 12/04/2024 \| 10:02:58 \| 40 \| 2,911.000 \| XLON \| x8K8wR3sRBb \| \| 12/04/2024 \| 10:02:25 \| 732 \| 2,911.000 \| XLON \| x8K8wR3sRRW \| \| 12/04/2024 \| 10:02:10 \| 325 \| 2,911.500 \| XLON \| x8K8wR3sOWb \| \| 12/04/2024 \| 10:02:10 \| 1 \| 2,911.500 \| XLON \| x8K8wR3sOWd \| \| 12/04/2024 \| 10:01:22 \| 452 \| 2,910.000 \| XLON \| x8K8wR3sO64 \| \| 12/04/2024 \| 10:01:22 \| 649 \| 2,910.500 \| XLON \| x8K8wR3sO66 \| \| 12/04/2024 \| 09:59:58 \| 40 \| 2,908.500 \| XLON \| x8K8wR3sPsU \| \| 12/04/2024 \| 09:59:36 \| 417 \| 2,908.500 \| XLON \| x8K8wR3sPxs \| \| 12/04/2024 \| 09:59:36 \| 166 \| 2,908.500 \| XLON \| x8K8wR3sPxu \| \| 12/04/2024 \| 09:59:14 \| 412 \| 2,908.500 \| XLON \| x8K8wR3sPEM \| \| 12/04/2024 \| 09:57:54 \| 498 \| 2,907.000 \| XLON \| x8K8wR3s61h \| \| 12/04/2024 \| 09:57:07 \| 475 \| 2,906.000 \| XLON \| x8K8wR3s6TV \| \| 12/04/2024 \| 09:56:46 \| 391 \| 2,906.000 \| XLON \| x8K8wR3s7c7 \| \| 12/04/2024 \| 09:55:36 \| 327 \| 2,907.000 \| XLON \| x8K8wR3s7Fd \| \| 12/04/2024 \| 09:55:33 \| 419 \| 2,907.500 \| XLON \| x8K8wR3s7EX \| \| 12/04/2024 \| 09:54:49 \| 371 \| 2,908.500 \| XLON \| x8K8wR3s7Qv \| \| 12/04/2024 \| 09:54:09 \| 436 \| 2,908.500 \| XLON \| x8K8wR3s4sG \| \| 12/04/2024 \| 09:54:05 \| 518 \| 2,908.500 \| XLON \| x8K8wR3s4m$ \| \| 12/04/2024 \| 09:53:09 \| 577 \| 2,908.500 \| XLON \| x8K8wR3s4Ns \| \| 12/04/2024 \| 09:52:54 \| 414 \| 2,909.000 \| XLON \| x8K8wR3s4Pk \| \| 12/04/2024 \| 09:51:57 \| 351 \| 2,908.500 \| XLON \| x8K8wR3s5vX \| \| 12/04/2024 \| 09:51:42 \| 450 \| 2,908.500 \| XLON \| x8K8wR3s545 \| \| 12/04/2024 \| 09:51:39 \| 997 \| 2,908.500 \| XLON \| x8K8wR3s56X \| \| 12/04/2024 \| 09:50:32 \| 835 \| 2,908.000 \| XLON \| x8K8wR3s2g7 \| \| 12/04/2024 \| 09:50:13 \| 10 \| 2,907.500 \| XLON \| x8K8wR3s2yn \| \| 12/04/2024 \| 09:49:58 \| 40 \| 2,907.500 \| XLON \| x8K8wR3s26V \| \| 12/04/2024 \| 09:49:30 \| 309 \| 2,907.500 \| XLON \| x8K8wR3s2HH \| \| 12/04/2024 \| 09:49:27 \| 326 \| 2,907.500 \| XLON \| x8K8wR3s2GR \| \| 12/04/2024 \| 09:49:08 \| 1031 \| 2,907.000 \| XLON \| x8K8wR3s3cn \| \| 12/04/2024 \| 09:47:11 \| 465 \| 2,902.000 \| XLON \| x8K8wR3s0uQ \| \| 12/04/2024 \| 09:46:12 \| 383 \| 2,901.000 \| XLON \| x8K8wR3s1kp \| \| 12/04/2024 \| 09:46:08 \| 326 \| 2,901.500 \| XLON \| x8K8wR3s1fr \| \| 12/04/2024 \| 09:46:04 \| 480 \| 2,901.000 \| XLON \| x8K8wR3s1ri \| \| 12/04/2024 \| 09:45:58 \| 40 \| 2,900.500 \| XLON \| x8K8wR3s1mk \| \| 12/04/2024 \| 09:44:45 \| 377 \| 2,900.500 \| XLON \| x8K8wR3s1OL \| \| 12/04/2024 \| 09:44:45 \| 460 \| 2,900.500 \| XLON \| x8K8wR3s1OO \| \| 12/04/2024 \| 09:43:54 \| 565 \| 2,901.000 \| XLON \| x8K8wR3sEwJ \| \| 12/04/2024 \| 09:43:14 \| 36 \| 2,901.500 \| XLON \| x8K8wR3sEI9 \| \| 12/04/2024 \| 09:43:14 \| 104 \| 2,901.500 \| XLON \| x8K8wR3sEIB \| \| 12/04/2024 \| 09:43:13 \| 20 \| 2,901.500 \| XLON \| x8K8wR3sEIE \| \| Date \| Time \| Quantity \| Price \| Symbol \| Order ID \| \|------------\|----------\|----------\|---------\|---------\|-------------\| \| 12/04/2024 \| 09:43:13 \| 166 \| 2,901.500 \| XLON \| x8K8wR3sET9 \| \| 12/04/2024 \| 09:43:13 \| 450 \| 2,901.500 \| XLON \| x8K8wR3sETF \| \| 12/04/2024 \| 09:42:58 \| 40 \| 2,901.500 \| XLON \| x8K8wR3sFak \| \| 12/04/2024 \| 09:42:01 \| 380 \| 2,902.000 \| XLON \| x8K8wR3sF37 \| \| 12/04/2024 \| 09:41:58 \| 40 \| 2,902.000 \| XLON \| x8K8wR3sF2U \| \| 12/04/2024 \| 09:41:57 \| 367 \| 2,902.500 \| XLON \| x8K8wR3sFC2 \| \| 12/04/2024 \| 09:41:01 \| 368 \| 2,903.500 \| XLON \| x8K8wR3sCIL \| \| 12/04/2024 \| 09:40:57 \| 472 \| 2,904.000 \| XLON \| x8K8wR3sCgY \| \| 12/04/2024 \| 09:40:54 \| 992 \| 2,904.500 \| XLON \| x8K8wR3sCrw \| \| 12/04/2024 \| 09:39:43 \| 13 \| 2,904.000 \| XLON \| x8K8wR3sCTW \| \| 12/04/2024 \| 09:39:43 \| 487 \| 2,904.000 \| XLON \| x8K8wR3sCTY \| \| 12/04/2024 \| 09:39:26 \| 611 \| 2,904.000 \| XLON \| x8K8wR3sDb6 \| \| 12/04/2024 \| 09:39:24 \| 189 \| 2,904.500 \| XLON \| x8K8wR3sDaA \| \| 12/04/2024 \| 09:39:24 \| 121 \| 2,904.500 \| XLON \| x8K8wR3sDaE \| \| 12/04/2024 \| 09:39:24 \| 50 \| 2,904.500 \| XLON \| x8K8wR3sDaG \| \| 12/04/2024 \| 09:38:48 \| 1194 \| 2,904.500 \| XLON \| x8K8wR3sDy6 \| \| 12/04/2024 \| 09:36:11 \| 385 \| 2,901.500 \| XLON \| x8K8wR3sACu \| \| 12/04/2024 \| 09:35:58 \| 40 \| 2,901.000 \| XLON \| x8K8wR3sAMA \| \| 12/04/2024 \| 09:35:56 \| 432 \| 2,901.500 \| XLON \| x8K8wR3sAJw \| \| 12/04/2024 \| 09:35:17 \| 13 \| 2,903.000 \| XLON \| x8K8wR3sBhl \| \| 12/04/2024 \| 09:35:17 \| 28 \| 2,903.000 \| XLON \| x8K8wR3sBhn \| \| 12/04/2024 \| 09:35:17 \| 41 \| 2,903.000 \| XLON \| x8K8wR3sBhp \| \| 12/04/2024 \| 09:35:17 \| 81 \| 2,903.000 \| XLON \| x8K8wR3sBhr \| \| 12/04/2024 \| 09:35:17 \| 163 \| 2,903.000 \| XLON \| x8K8wR3sBhv \| \| 12/04/2024 \| 09:35:16 \| 185 \| 2,903.000 \| XLON \| x8K8wR3sBhz \| \| 12/04/2024 \| 09:35:13 \| 10 \| 2,903.000 \| XLON \| x8K8wR3sBry \| \| 12/04/2024 \| 09:35:07 \| 7 \| 2,903.000 \| XLON \| x8K8wR3sBnK \| \| 12/04/2024 \| 09:34:58 \| 472 \| 2,903.000 \| XLON \| x8K8wR3sB@Q \| \| 12/04/2024 \| 09:34:41 \| 583 \| 2,903.500 \| XLON \| x8K8wR3sB64 \| \| 12/04/2024 \| 09:34:24 \| 583 \| 2,904.000 \| XLON \| x8K8wR3sB8F \| \| 12/04/2024 \| 09:32:57 \| 567 \| 2,904.000 \| XLON \| x8K8wR3s8o1 \| \| 12/04/2024 \| 09:32:33 \| 123 \| 2,904.500 \| XLON \| x8K8wR3s83m \| \| 12/04/2024 \| 09:32:33 \| 266 \| 2,904.500 \| XLON \| x8K8wR3s83o \| \| 12/04/2024 \| 09:32:20 \| 326 \| 2,905.000 \| XLON \| x8K8wR3s8Af \| \| 12/04/2024 \| 09:32:16 \| 419 \| 2,905.500 \| XLON \| x8K8wR3s8Ls \| \| 12/04/2024 \| 09:31:17 \| 280 \| 2,906.000 \| XLON \| x8K8wR3s9s5 \| \| 12/04/2024 \| 09:31:12 \| 408 \| 2,906.000 \| XLON \| x8K8wR3s9p7 \| \| 12/04/2024 \| 09:31:12 \| 583 \| 2,906.500 \| XLON \| x8K8wR3s9pP \| \| 12/04/2024 \| 09:30:12 \| 433 \| 2,907.000 \| XLON \| x8K8wR3s9Us \| \| 12/04/2024 \| 09:29:54 \| 452 \| 2,906.500 \| XLON \| x8K8wR3tsiY \| \| 12/04/2024 \| 09:29:29 \| 479 \| 2,907.000 \| XLON \| x8K8wR3tsnI \| \| 12/04/2024 \| 09:29:29 \| 61 \| 2,907.000 \| XLON \| x8K8wR3tsnK \| \| 12/04/2024 \| 09:28:34 \| 500 \| 2,906.000 \| XLON \| x8K8wR3tsOb \| \| 12/04/2024 \| 09:28:34 \| 20 \| 2,906.000 \| XLON \| x8K8wR3tsOd \| \| 12/04/2024 \| 09:28:19 \| 379 \| 2,905.500 \| XLON \| x8K8wR3ttZ2 \| \| 12/04/2024 \| 09:28:01 \| 795 \| 2,905.500 \| XLON \| x8K8wR3ttmQ \| \| 12/04/2024 \| 09:27:31 \| 762 \| 2,905.500 \| XLON \| x8K8wR3tt2w \| \| 12/04/2024 \| 09:27:31 \| 67 \| 2,905.500 \| XLON \| x8K8wR3tt2y \| \| Date \| Time \| Volume \| Price \| Symbol \| TradeID \| \|------------\|----------\|--------\|--------\|--------\|-----------\| \| 12/04/2024 \| 09:27:00 \| 460 \| 2,905.500 \| XLON \| x8K8wR3ttPn \| \| 12/04/2024 \| 09:26:59 \| 242 \| 2,906.000 \| XLON \| x8K8wR3ttOW \| \| 12/04/2024 \| 09:26:59 \| 603 \| 2,906.000 \| XLON \| x8K8wR3ttOY \| \| 12/04/2024 \| 09:25:58 \| 1319 \| 2,904.500 \| XLON \| x8K8wR3tq4E \| \| 12/04/2024 \| 09:23:08 \| 218 \| 2,904.000 \| XLON \| x8K8wR3toWx \| \| 12/04/2024 \| 09:23:08 \| 434 \| 2,904.000 \| XLON \| x8K8wR3toWz \| \| 12/04/2024 \| 09:22:26 \| 394 \| 2,903.500 \| XLON \| x8K8wR3to3m \| \| 12/04/2024 \| 09:22:13 \| 749 \| 2,903.000 \| XLON \| x8K8wR3toB$ \| \| 12/04/2024 \| 09:21:37 \| 422 \| 2,903.000 \| XLON \| x8K8wR3tpWb \| \| 12/04/2024 \| 09:20:32 \| 264 \| 2,903.000 \| XLON \| x8K8wR3tp9A \| \| 12/04/2024 \| 09:20:22 \| 351 \| 2,902.500 \| XLON \| x8K8wR3tpHv \| \| 12/04/2024 \| 09:20:22 \| 502 \| 2,903.000 \| XLON \| x8K8wR3tpHx \| \| 12/04/2024 \| 09:20:00 \| 234 \| 2,903.000 \| XLON \| x8K8wR3tmXq \| \| 12/04/2024 \| 09:20:00 \| 430 \| 2,903.000 \| XLON \| x8K8wR3tmXs \| \| 12/04/2024 \| 09:20:00 \| 695 \| 2,903.000 \| XLON \| x8K8wR3tmX5 \| \| 12/04/2024 \| 09:18:21 \| 407 \| 2,901.000 \| XLON \| x8K8wR3tnWM \| \| 12/04/2024 \| 09:18:17 \| 172 \| 2,901.000 \| XLON \| x8K8wR3tnYI \| \| 12/04/2024 \| 09:17:48 \| 440 \| 2,901.000 \| XLON \| x8K8wR3tnuH \| \| 12/04/2024 \| 09:17:48 \| 527 \| 2,901.000 \| XLON \| x8K8wR3tnuS \| \| 12/04/2024 \| 09:17:27 \| 804 \| 2,900.500 \| XLON \| x8K8wR3tnF4 \| \| 12/04/2024 \| 09:16:22 \| 405 \| 2,900.500 \| XLON \| x8K8wR3t@tE \| \| 12/04/2024 \| 09:15:33 \| 28 \| 2,900.500 \| XLON \| x8K8wR3t@NN \| \| 12/04/2024 \| 09:15:33 \| 370 \| 2,900.500 \| XLON \| x8K8wR3t@NP \| \| 12/04/2024 \| 09:15:33 \| 339 \| 2,900.500 \| XLON \| x8K8wR3t@NS \| \| 12/04/2024 \| 09:14:55 \| 264 \| 2,900.500 \| XLON \| x8K8wR3t$qK \| \| 12/04/2024 \| 09:14:53 \| 268 \| 2,900.500 \| XLON \| x8K8wR3t$tV \| \| 12/04/2024 \| 09:14:38 \| 388 \| 2,901.000 \| XLON \| x8K8wR3t$zL \| \| 12/04/2024 \| 09:14:38 \| 600 \| 2,901.000 \| XLON \| x8K8wR3t$zO \| \| 12/04/2024 \| 09:14:25 \| 1039 \| 2,901.500 \| XLON \| x8K8wR3t$xw \| \| 12/04/2024 \| 09:14:10 \| 1038 \| 2,901.500 \| XLON \| x8K8wR3t$2v \| \| 12/04/2024 \| 09:12:22 \| 513 \| 2,897.500 \| XLON \| x8K8wR3ty8r \| \| 12/04/2024 \| 09:12:22 \| 458 \| 2,897.500 \| XLON \| x8K8wR3ty8t \| \| 12/04/2024 \| 09:11:16 \| 350 \| 2,898.000 \| XLON \| x8K8wR3tzog \| \| 12/04/2024 \| 09:10:45 \| 491 \| 2,898.000 \| XLON \| x8K8wR3tzKq \| \| 12/04/2024 \| 09:10:44 \| 449 \| 2,898.500 \| XLON \| x8K8wR3tzNe \| \| 12/04/2024 \| 09:10:10 \| 602 \| 2,898.500 \| XLON \| x8K8wR3twje \| \| 12/04/2024 \| 09:09:58 \| 507 \| 2,898.500 \| XLON \| x8K8wR3twsu \| \| 12/04/2024 \| 09:08:26 \| 101 \| 2,899.000 \| XLON \| x8K8wR3txjO \| \| 12/04/2024 \| 09:08:26 \| 314 \| 2,899.000 \| XLON \| x8K8wR3txjQ \| \| 12/04/2024 \| 09:08:26 \| 101 \| 2,899.000 \| XLON \| x8K8wR3txjS \| \| 12/04/2024 \| 09:07:44 \| 519 \| 2,899.000 \| XLON \| x8K8wR3tx5M \| \| 12/04/2024 \| 09:07:43 \| 410 \| 2,899.500 \| XLON \| x8K8wR3tx45 \| \| 12/04/2024 \| 09:07:27 \| 836 \| 2,900.000 \| XLON \| x8K8wR3txCY \| \| 12/04/2024 \| 09:06:40 \| 801 \| 2,899.000 \| XLON \| x8K8wR3tuYT \| \| 12/04/2024 \| 09:05:10 \| 326 \| 2,899.500 \| XLON \| x8K8wR3tvXW \| \| 12/04/2024 \| 09:05:10 \| 456 \| 2,899.000 \| XLON \| x8K8wR3tvXc \| \| 12/04/2024 \| 09:04:46 \| 78 \| 2,899.000 \| XLON \| x8K8wR3tvIR \| \| 12/04/2024 \| 09:04:46 \| 382 \| 2,899.000 \| XLON \| x8K8wR3tvT \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 09:04:18 \| 460 \| 2,898.000 \| XLON \| x8K8wR3tv1h \| \| 12/04/2024 \| 09:03:45 \| 194 \| 2,898.500 \| XLON \| x8K8wR3tvG$ \| \| 12/04/2024 \| 09:03:45 \| 117 \| 2,898.500 \| XLON \| x8K8wR3tvG1 \| \| 12/04/2024 \| 09:03:12 \| 454 \| 2,899.500 \| XLON \| x8K8wR3tcql \| \| 12/04/2024 \| 09:03:12 \| 605 \| 2,899.500 \| XLON \| x8K8wR3tcqq \| \| 12/04/2024 \| 09:03:07 \| 241 \| 2,899.500 \| XLON \| x8K8wR3tcms \| \| 12/04/2024 \| 09:03:03 \| 533 \| 2,899.500 \| XLON \| x8K8wR3tcz0 \| \| 12/04/2024 \| 09:01:49 \| 343 \| 2,897.500 \| XLON \| x8K8wR3tdm$ \| \| 12/04/2024 \| 09:01:49 \| 243 \| 2,897.500 \| XLON \| x8K8wR3tdmz \| \| 12/04/2024 \| 09:01:41 \| 785 \| 2,898.000 \| XLON \| x8K8wR3tdvy \| \| 12/04/2024 \| 09:01:39 \| 39 \| 2,898.000 \| XLON \| x8K8wR3tduF \| \| 12/04/2024 \| 09:00:41 \| 412 \| 2,899.000 \| XLON \| x8K8wR3taeF \| \| 12/04/2024 \| 09:00:41 \| 355 \| 2,899.000 \| XLON \| x8K8wR3taeM \| \| 12/04/2024 \| 09:00:13 \| 464 \| 2,898.500 \| XLON \| x8K8wR3tawp \| \| 12/04/2024 \| 09:00:13 \| 8 \| 2,898.500 \| XLON \| x8K8wR3tawr \| \| 12/04/2024 \| 09:00:13 \| 4 \| 2,898.500 \| XLON \| x8K8wR3taw@ \| \| 12/04/2024 \| 09:00:13 \| 50 \| 2,898.500 \| XLON \| x8K8wR3taw0 \| \| 12/04/2024 \| 09:00:10 \| 360 \| 2,898.500 \| XLON \| x8K8wR3tay4 \| \| 12/04/2024 \| 08:59:40 \| 456 \| 2,897.500 \| XLON \| x8K8wR3taT6 \| \| 12/04/2024 \| 08:59:12 \| 559 \| 2,897.500 \| XLON \| x8K8wR3tbYe \| \| 12/04/2024 \| 08:59:04 \| 301 \| 2,898.000 \| XLON \| x8K8wR3tbk6 \| \| 12/04/2024 \| 08:59:04 \| 498 \| 2,898.000 \| XLON \| x8K8wR3tbk8 \| \| 12/04/2024 \| 08:58:35 \| 450 \| 2,898.000 \| XLON \| x8K8wR3tb4g \| \| 12/04/2024 \| 08:57:05 \| 326 \| 2,895.500 \| XLON \| x8K8wR3tYpK \| \| 12/04/2024 \| 08:56:32 \| 429 \| 2,894.500 \| XLON \| x8K8wR3tYAG \| \| 12/04/2024 \| 08:55:43 \| 313 \| 2,895.000 \| XLON \| x8K8wR3tZlV \| \| 12/04/2024 \| 08:55:41 \| 449 \| 2,895.500 \| XLON \| x8K8wR3tZeB \| \| 12/04/2024 \| 08:55:41 \| 888 \| 2,896.000 \| XLON \| x8K8wR3tZeU \| \| 12/04/2024 \| 08:55:10 \| 927 \| 2,896.500 \| XLON \| x8K8wR3tZLh \| \| 12/04/2024 \| 08:52:45 \| 374 \| 2,895.500 \| XLON \| x8K8wR3tWAo \| \| 12/04/2024 \| 08:52:06 \| 418 \| 2,896.000 \| XLON \| x8K8wR3tWQK \| \| 12/04/2024 \| 08:52:06 \| 226 \| 2,896.500 \| XLON \| x8K8wR3tWQS \| \| 12/04/2024 \| 08:52:06 \| 376 \| 2,896.500 \| XLON \| x8K8wR3tWQU \| \| 12/04/2024 \| 08:52:06 \| 868 \| 2,896.500 \| XLON \| x8K8wR3tXbd \| \| 12/04/2024 \| 08:51:16 \| 947 \| 2,896.500 \| XLON \| x8K8wR3tXsn \| \| 12/04/2024 \| 08:51:16 \| 38 \| 2,896.500 \| XLON \| x8K8wR3tXsp \| \| 12/04/2024 \| 08:48:42 \| 582 \| 2,895.500 \| XLON \| x8K8wR3tkvh \| \| 12/04/2024 \| 08:48:08 \| 302 \| 2,896.000 \| XLON \| x8K8wR3tkLa \| \| 12/04/2024 \| 08:47:59 \| 393 \| 2,896.000 \| XLON \| x8K8wR3tkJr \| \| 12/04/2024 \| 08:47:30 \| 87 \| 2,896.500 \| XLON \| x8K8wR3tlXu \| \| 12/04/2024 \| 08:47:30 \| 230 \| 2,896.500 \| XLON \| x8K8wR3tlXw \| \| 12/04/2024 \| 08:47:30 \| 87 \| 2,896.500 \| XLON \| x8K8wR3tlXY \| \| 12/04/2024 \| 08:47:13 \| 392 \| 2,895.500 \| XLON \| x8K8wR3tlhn \| \| 12/04/2024 \| 08:47:06 \| 442 \| 2,895.500 \| XLON \| x8K8wR3tlqI \| \| 12/04/2024 \| 08:46:14 \| 455 \| 2,896.000 \| XLON \| x8K8wR3tl9f \| \| 12/04/2024 \| 08:45:50 \| 585 \| 2,895.500 \| XLON \| x8K8wR3tIV$ \| \| 12/04/2024 \| 08:45:47 \| 224 \| 2,895.500 \| XLON \| x8K8wR3tIUQ \| \| 12/04/2024 \| 08:45:28 \| 414 \| 2,896.000 \| XLON \| x8K8wR3ticE \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 08:45:28 \| 946 \| 2,896.500 \| XLON \| x8K8wR3ticG \| \| 12/04/2024 \| 08:44:38 \| 833 \| 2,895.500 \| XLON \| x8K8wR3tixY \| \| 12/04/2024 \| 08:42:56 \| 550 \| 2,894.000 \| XLON \| x8K8wR3tjvd \| \| 12/04/2024 \| 08:42:36 \| 416 \| 2,893.000 \| XLON \| x8K8wR3tj1R \| \| 12/04/2024 \| 08:42:08 \| 451 \| 2,893.000 \| XLON \| x8K8wR3tjm4 \| \| 12/04/2024 \| 08:41:10 \| 894 \| 2,893.000 \| XLON \| x8K8wR3tgml \| \| 12/04/2024 \| 08:41:10 \| 894 \| 2,893.500 \| XLON \| x8K8wR3tgpp \| \| 12/04/2024 \| 08:40:37 \| 699 \| 2,893.000 \| XLON \| x8K8wR3tgFB \| \| 12/04/2024 \| 08:38:43 \| 288 \| 2,892.500 \| XLON \| x8K8wR3thDs \| \| 12/04/2024 \| 08:38:35 \| 192 \| 2,892.000 \| XLON \| x8K8wR3th97 \| \| 12/04/2024 \| 08:38:35 \| 224 \| 2,892.000 \| XLON \| x8K8wR3th99 \| \| 12/04/2024 \| 08:38:35 \| 366 \| 2,892.000 \| XLON \| x8K8wR3th9C \| \| 12/04/2024 \| 08:38:08 \| 467 \| 2,891.500 \| XLON \| x8K8wR3thT9 \| \| 12/04/2024 \| 08:37:02 \| 170 \| 2,891.000 \| XLON \| x8K8wR3tevk \| \| 12/04/2024 \| 08:37:01 \| 368 \| 2,891.500 \| XLON \| x8K8wR3teuY \| \| 12/04/2024 \| 08:36:40 \| 495 \| 2,891.000 \| XLON \| x8K8wR3teCX \| \| 12/04/2024 \| 08:36:28 \| 425 \| 2,891.500 \| XLON \| x8K8wR3teL7 \| \| 12/04/2024 \| 08:36:15 \| 471 \| 2,891.000 \| XLON \| x8K8wR3teJc \| \| 12/04/2024 \| 08:35:08 \| 302 \| 2,889.500 \| XLON \| x8K8wR3tfps \| \| 12/04/2024 \| 08:35:02 \| 326 \| 2,890.000 \| XLON \| x8K8wR3tfz2 \| \| 12/04/2024 \| 08:35:02 \| 669 \| 2,890.000 \| XLON \| x8K8wR3tfzC \| \| 12/04/2024 \| 08:33:52 \| 295 \| 2,891.000 \| XLON \| x8K8wR3tfVM \| \| 12/04/2024 \| 08:33:52 \| 420 \| 2,891.500 \| XLON \| x8K8wR3tfUg \| \| 12/04/2024 \| 08:33:52 \| 601 \| 2,892.000 \| XLON \| x8K8wR3tfU8 \| \| 12/04/2024 \| 08:33:37 \| 30 \| 2,892.000 \| XLON \| x8K8wR3tMXf \| \| 12/04/2024 \| 08:33:35 \| 136 \| 2,892.000 \| XLON \| x8K8wR3tMXS \| \| 12/04/2024 \| 08:32:38 \| 526 \| 2,890.500 \| XLON \| x8K8wR3tM1v \| \| 12/04/2024 \| 08:32:37 \| 753 \| 2,891.000 \| XLON \| x8K8wR3tM1C \| \| 12/04/2024 \| 08:32:36 \| 695 \| 2,891.500 \| XLON \| x8K8wR3tM0r \| \| 12/04/2024 \| 08:30:57 \| 329 \| 2,892.500 \| XLON \| x8K8wR3tNuc \| \| 12/04/2024 \| 08:30:55 \| 378 \| 2,893.000 \| XLON \| x8K8wR3tNxw \| \| 12/04/2024 \| 08:30:50 \| 44 \| 2,893.500 \| XLON \| x8K8wR3tN5a \| \| 12/04/2024 \| 08:30:50 \| 282 \| 2,893.500 \| XLON \| x8K8wR3tN5c \| \| 12/04/2024 \| 08:30:49 \| 842 \| 2,893.500 \| XLON \| x8K8wR3tN57 \| \| 12/04/2024 \| 08:30:37 \| 20 \| 2,893.500 \| XLON \| x8K8wR3tN1Z \| \| 12/04/2024 \| 08:30:33 \| 326 \| 2,894.000 \| XLON \| x8K8wR3tN3Z \| \| 12/04/2024 \| 08:29:24 \| 612 \| 2,892.000 \| XLON \| x8K8wR3tKhg \| \| 12/04/2024 \| 08:29:23 \| 875 \| 2,892.500 \| XLON \| x8K8wR3tKga \| \| 12/04/2024 \| 08:28:10 \| 590 \| 2,890.000 \| XLON \| x8K8wR3tKLA \| \| 12/04/2024 \| 08:27:10 \| 326 \| 2,887.000 \| XLON \| x8K8wR3tLrC \| \| 12/04/2024 \| 08:27:10 \| 133 \| 2,887.500 \| XLON \| x8K8wR3tLrH \| \| 12/04/2024 \| 08:27:10 \| 229 \| 2,887.500 \| XLON \| x8K8wR3tLrJ \| \| 12/04/2024 \| 08:26:55 \| 732 \| 2,888.000 \| XLON \| x8K8wR3tL@v \| \| 12/04/2024 \| 08:26:55 \| 389 \| 2,888.500 \| XLON \| x8K8wR3tL@3 \| \| 12/04/2024 \| 08:25:25 \| 6 \| 2,887.000 \| XLON \| x8K8wR3tfy \| \| 12/04/2024 \| 08:25:25 \| 225 \| 2,887.000 \| XLON \| x8K8wR3tf@ \| \| 12/04/2024 \| 08:25:25 \| 175 \| 2,887.000 \| XLON \| x8K8wR3tf0 \| \| 12/04/2024 \| 08:25:25 \| 478 \| 2,887.000 \| XLON \| x8K8wR3tf7 \| \| Date \| Time \| Volume \| Price \| Symbol \| Order ID \| \|------------\|----------\|--------\|--------\|--------\|------------\| \| 12/04/2024 \| 08:25:03 \| 669 \| 2,887.000 \| XLON \| x8K8wR3tlvv \| \| 12/04/2024 \| 08:24:15 \| 413 \| 2,887.500 \| XLON \| x8K8wR3tJru \| \| 12/04/2024 \| 08:23:49 \| 485 \| 2,888.000 \| XLON \| x8K8wR3tJhA \| \| 12/04/2024 \| 08:23:43 \| 528 \| 2,888.500 \| XLON \| x8K8wR3tJrE \| \| 12/04/2024 \| 08:23:37 \| 400 \| 2,889.000 \| XLON \| x8K8wR3tJno \| \| 12/04/2024 \| 08:23:06 \| 452 \| 2,889.000 \| XLON \| x8K8wR3tJC3 \| \| 12/04/2024 \| 08:22:13 \| 326 \| 2,890.500 \| XLON \| x8K8wR3tGqh \| \| 12/04/2024 \| 08:22:13 \| 419 \| 2,891.000 \| XLON \| x8K8wR3tGql \| \| 12/04/2024 \| 08:22:13 \| 957 \| 2,891.500 \| XLON \| x8K8wR3tGqn \| \| 12/04/2024 \| 08:21:52 \| 10 \| 2,890.000 \| XLON \| x8K8wR3tG5N \| \| 12/04/2024 \| 08:21:17 \| 659 \| 2,890.000 \| XLON \| x8K8wR3tGMP \| \| 12/04/2024 \| 08:20:12 \| 322 \| 2,892.500 \| XLON \| x8K8wR3tHxd \| \| 12/04/2024 \| 08:20:12 \| 442 \| 2,893.000 \| XLON \| x8K8wR3tHxr \| \| 12/04/2024 \| 08:20:11 \| 1011 \| 2,893.500 \| XLON \| x8K8wR3tHx4 \| \| 12/04/2024 \| 08:19:52 \| 50 \| 2,892.500 \| XLON \| x8K8wR3tHEK \| \| 12/04/2024 \| 08:19:36 \| 433 \| 2,893.000 \| XLON \| x8K8wR3tHNJ \| \| 12/04/2024 \| 08:19:36 \| 327 \| 2,893.000 \| XLON \| x8K8wR3tHNL \| \| 12/04/2024 \| 08:18:15 \| 306 \| 2,892.500 \| XLON \| x8K8wR3tU1p \| \| 12/04/2024 \| 08:18:15 \| 82 \| 2,892.500 \| XLON \| x8K8wR3tU1r \| \| 12/04/2024 \| 08:17:52 \| 186 \| 2,893.500 \| XLON \| x8K8wR3tUHi \| \| 12/04/2024 \| 08:17:52 \| 278 \| 2,893.500 \| XLON \| x8K8wR3tUHk \| \| 12/04/2024 \| 08:17:52 \| 664 \| 2,894.000 \| XLON \| x8K8wR3tUHm \| \| 12/04/2024 \| 08:17:52 \| 139 \| 2,894.000 \| XLON \| x8K8wR3tUHC \| \| 12/04/2024 \| 08:17:37 \| 525 \| 2,894.000 \| XLON \| x8K8wR3tUUk \| \| 12/04/2024 \| 08:17:10 \| 326 \| 2,894.000 \| XLON \| x8K8wR3tVkA \| \| 12/04/2024 \| 08:16:15 \| 440 \| 2,895.500 \| XLON \| x8K8wR3tVNI \| \| 12/04/2024 \| 08:16:15 \| 527 \| 2,896.000 \| XLON \| x8K8wR3tVN$ \| \| 12/04/2024 \| 08:15:36 \| 505 \| 2,894.000 \| XLON \| x8K8wR3tSis \| \| 12/04/2024 \| 08:15:30 \| 196 \| 2,894.000 \| XLON \| x8K8wR3tSkU \| \| 12/04/2024 \| 08:15:27 \| 511 \| 2,894.500 \| XLON \| x8K8wR3tShi \| \| 12/04/2024 \| 08:15:27 \| 1166 \| 2,895.000 \| XLON \| x8K8wR3tShs \| \| 12/04/2024 \| 08:14:52 \| 744 \| 2,895.500 \| XLON \| x8K8wR3tSEp \| \| 12/04/2024 \| 08:13:29 \| 340 \| 2,893.000 \| XLON \| x8K8wR3tT5C \| \| 12/04/2024 \| 08:13:29 \| 67 \| 2,893.000 \| XLON \| x8K8wR3tT5E \| \| 12/04/2024 \| 08:13:29 \| 342 \| 2,893.500 \| XLON \| x8K8wR3tT4K \| \| 12/04/2024 \| 08:13:29 \| 137 \| 2,893.500 \| XLON \| x8K8wR3tT4M \| \| 12/04/2024 \| 08:13:29 \| 357 \| 2,894.000 \| XLON \| x8K8wR3tT7h \| \| 12/04/2024 \| 08:13:29 \| 327 \| 2,894.000 \| XLON \| x8K8wR3tT7n \| \| 12/04/2024 \| 08:12:36 \| 481 \| 2,893.000 \| XLON \| x8K8wR3tQbj \| \| 12/04/2024 \| 08:12:36 \| 30 \| 2,893.000 \| XLON \| x8K8wR3tQbl \| \| 12/04/2024 \| 08:12:33 \| 500 \| 2,893.500 \| XLON \| x8K8wR3tQaD \| \| 12/04/2024 \| 08:12:33 \| 715 \| 2,894.000 \| XLON \| x8K8wR3tQaG \| \| 12/04/2024 \| 08:11:42 \| 459 \| 2,892.500 \| XLON \| x8K8wR3tQ19 \| \| 12/04/2024 \| 08:11:42 \| 459 \| 2,893.000 \| XLON \| x8K8wR3tQ06 \| \| 12/04/2024 \| 08:11:42 \| 430 \| 2,893.500 \| XLON \| x8K8wR3tQ0C \| \| 12/04/2024 \| 08:11:42 \| 227 \| 2,893.500 \| XLON \| x8K8wR3tQ0E \| \| 12/04/2024 \| 08:10:37 \| 310 \| 2,890.000 \| XLON \| x8K8wR3tRmg \| \| 12/04/2024 \| 08:10:37 \| 283 \| 2,890.000 \| XLON \| x8K8wR3tRmz \| \| Date \| Time \| Volume \| Price \| Symbol \| OrderID \| \|------------\|----------\|--------\|--------\|--------\|-----------\| \| 12/04/2024 \| 08:10:37 \| 406 \| 2,890.500 \| XLON \| x8K8wR3tRm7 \| \| 12/04/2024 \| 08:10:26 \| 631 \| 2,890.500 \| XLON \| x8K8wR3tR@$ \| \| 12/04/2024 \| 08:09:40 \| 253 \| 2,889.000 \| XLON \| x8K8wR3tObX \| \| 12/04/2024 \| 08:09:40 \| 438 \| 2,889.000 \| XLON \| x8K8wR3tObc \| \| 12/04/2024 \| 08:09:40 \| 627 \| 2,889.500 \| XLON \| x8K8wR3tObq \| \| 12/04/2024 \| 08:09:31 \| 326 \| 2,890.000 \| XLON \| x8K8wR3tOYk \| \| 12/04/2024 \| 08:09:19 \| 460 \| 2,889.500 \| XLON \| x8K8wR3tOt6 \| \| 12/04/2024 \| 08:09:18 \| 326 \| 2,890.000 \| XLON \| x8K8wR3tOtM \| \| 12/04/2024 \| 08:08:21 \| 614 \| 2,891.000 \| XLON \| x8K8wR3tPXG \| \| 12/04/2024 \| 08:08:21 \| 877 \| 2,891.500 \| XLON \| x8K8wR3tPXI \| \| 12/04/2024 \| 08:07:30 \| 298 \| 2,892.500 \| XLON \| x8K8wR3tPEt \| \| 12/04/2024 \| 08:07:30 \| 465 \| 2,893.500 \| XLON \| x8K8wR3tPE@ \| \| 12/04/2024 \| 08:07:17 \| 339 \| 2,893.500 \| XLON \| x8K8wR3tPGf \| \| 12/04/2024 \| 08:07:17 \| 404 \| 2,894.000 \| XLON \| x8K8wR3tPGz \| \| 12/04/2024 \| 08:07:08 \| 472 \| 2,893.000 \| XLON \| x8K8wR3tPVA \| \| 12/04/2024 \| 08:06:25 \| 482 \| 2,890.000 \| XLON \| x8K8wR3t6pD \| \| 12/04/2024 \| 08:06:25 \| 630 \| 2,890.500 \| XLON \| x8K8wR3t6pV \| \| 12/04/2024 \| 08:06:22 \| 1438 \| 2,891.000 \| XLON \| x8K8wR3t6yq \| \| 12/04/2024 \| 08:05:56 \| 425 \| 2,894.000 \| XLON \| x8K8wR3t69j \| \| 12/04/2024 \| 08:05:52 \| 608 \| 2,894.500 \| XLON \| x8K8wR3t6Bu \| \| 12/04/2024 \| 08:05:52 \| 535 \| 2,895.000 \| XLON \| x8K8wR3t6Aa \| \| 12/04/2024 \| 08:05:34 \| 326 \| 2,894.500 \| XLON \| x8K8wR3t6Of \| \| 12/04/2024 \| 08:05:13 \| 572 \| 2,894.500 \| XLON \| x8K8wR3t7kl \| \| 12/04/2024 \| 08:05:13 \| 694 \| 2,895.000 \| XLON \| x8K8wR3t7kG \| \| 12/04/2024 \| 08:05:06 \| 375 \| 2,895.500 \| XLON \| x8K8wR3t7ql \| \| 12/04/2024 \| 08:05:05 \| 1347 \| 2,895.500 \| XLON \| x8K8wR3t7lY \| \| 12/04/2024 \| 08:04:45 \| 272 \| 2,894.500 \| XLON \| x8K8wR3t74F \| \| 12/04/2024 \| 08:04:45 \| 389 \| 2,895.000 \| XLON \| x8K8wR3t74H \| \| 12/04/2024 \| 08:04:19 \| 606 \| 2,894.000 \| XLON \| x8K8wR3t7Hs \| \| 12/04/2024 \| 08:04:15 \| 999 \| 2,894.500 \| XLON \| x8K8wR3t7Vr \| \| 12/04/2024 \| 08:04:10 \| 2410 \| 2,896.000 \| XLON \| x8K8wR3t7RM \| \| 12/04/2024 \| 08:04:10 \| 2903 \| 2,896.000 \| XLON \| x8K8wR3t7Qj \| \| 12/04/2024 \| 08:04:10 \| 220 \| 2,896.000 \| XLON \| x8K8wR3t7Ql \| \| 12/04/2024 \| 08:02:18 \| 494 \| 2,891.000 \| XLON \| x8K8wR3t5wr \| \| 12/04/2024 \| 08:02:16 \| 390 \| 2,891.500 \| XLON \| x8K8wR3t544 \| \| 12/04/2024 \| 08:02:09 \| 523 \| 2,891.000 \| XLON \| x8K8wR3t5DI \| \| 12/04/2024 \| 08:02:08 \| 6 \| 2,891.000 \| XLON \| x8K8wR3t5F$ \| \| 12/04/2024 \| 08:02:07 \| 1555 \| 2,892.000 \| XLON \| x8K8wR3t5E6 \| \| 12/04/2024 \| 08:02:07 \| 682 \| 2,891.500 \| XLON \| x8K8wR3t5E8 \| \| 12/04/2024 \| 08:02:00 \| 457 \| 2,892.000 \| XLON \| x8K8wR3t5Tg \| \| 12/04/2024 \| 08:02:00 \| 500 \| 2,892.000 \| XLON \| x8K8wR3t5Ti \| \| 12/04/2024 \| 08:01:32 \| 43 \| 2,891.500 \| XLON \| x8K8wR3t2tf \| \| 12/04/2024 \| 08:01:32 \| 1240 \| 2,891.500 \| XLON \| x8K8wR3t2th \| \| 12/04/2024 \| 08:01:32 \| 214 \| 2,891.500 \| XLON \| x8K8wR3t2tj \| \| 12/04/2024 \| 08:01:32 \| 616 \| 2,891.500 \| XLON \| x8K8wR3t2to \| \| 12/04/2024 \| 08:01:32 \| 212 \| 2,891.500 \| XLON \| x8K8wR3t2sX \| \| 12/04/2024 \| 08:01:09 \| 734 \| 2,888.500 \| XLON \| x8K8wR3t2Ns \| \| 12/04/2024 \| 16:27:34 \| 186 \| 34.535 \| XAMS \| x8K8wR3wc5f \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 16:27:02 \| 619 \| 34.535 \| XAMS \| x8K8wR3wdjk \| \| 12/04/2024 \| 16:26:34 \| 293 \| 34.530 \| XAMS \| x8K8wR3wdC@ \| \| 12/04/2024 \| 16:26:34 \| 95 \| 34.530 \| XAMS \| x8K8wR3wdC0 \| \| 12/04/2024 \| 16:26:21 \| 589 \| 34.530 \| XAMS \| x8K8wR3wdM7 \| \| 12/04/2024 \| 16:25:36 \| 318 \| 34.520 \| XAMS \| x8K8wR3waPF \| \| 12/04/2024 \| 16:25:36 \| 364 \| 34.520 \| XAMS \| x8K8wR3waPL \| \| 12/04/2024 \| 16:25:01 \| 811 \| 34.520 \| XAMS \| x8K8wR3wbKx \| \| 12/04/2024 \| 16:24:28 \| 633 \| 34.520 \| XAMS \| x8K8wR3wY2D \| \| 12/04/2024 \| 16:23:59 \| 465 \| 34.520 \| XAMS \| x8K8wR3wZs@ \| \| 12/04/2024 \| 16:23:54 \| 774 \| 34.520 \| XAMS \| x8K8wR3wZo4 \| \| 12/04/2024 \| 16:22:58 \| 412 \| 34.530 \| XAMS \| x8K8wR3wWER \| \| 12/04/2024 \| 16:22:40 \| 744 \| 34.525 \| XAMS \| x8K8wR3wXby \| \| 12/04/2024 \| 16:22:04 \| 423 \| 34.530 \| XAMS \| x8K8wR3wX9D \| \| 12/04/2024 \| 16:21:43 \| 736 \| 34.525 \| XAMS \| x8K8wR3wkYO \| \| 12/04/2024 \| 16:21:11 \| 466 \| 34.525 \| XAMS \| x8K8wR3wkGi \| \| 12/04/2024 \| 16:20:46 \| 473 \| 34.505 \| XAMS \| x8K8wR3wlwU \| \| 12/04/2024 \| 16:20:27 \| 426 \| 34.520 \| XAMS \| x8K8wR3wlUt \| \| 12/04/2024 \| 16:20:05 \| 830 \| 34.525 \| XAMS \| x8K8wR3wi$5 \| \| 12/04/2024 \| 16:19:44 \| 523 \| 34.530 \| XAMS \| x8K8wR3wiUW \| \| 12/04/2024 \| 16:18:55 \| 439 \| 34.530 \| XAMS \| x8K8wR3wjHw \| \| 12/04/2024 \| 16:18:34 \| 435 \| 34.535 \| XAMS \| x8K8wR3wgrF \| \| 12/04/2024 \| 16:18:28 \| 466 \| 34.530 \| XAMS \| x8K8wR3wg@K \| \| 12/04/2024 \| 16:18:02 \| 544 \| 34.525 \| XAMS \| x8K8wR3wgRQ \| \| 12/04/2024 \| 16:18:02 \| 10 \| 34.525 \| XAMS \| x8K8wR3wgRS \| \| 12/04/2024 \| 16:17:41 \| 479 \| 34.525 \| XAMS \| x8K8wR3wht5 \| \| 12/04/2024 \| 16:17:41 \| 349 \| 34.525 \| XAMS \| x8K8wR3wht7 \| \| 12/04/2024 \| 16:16:41 \| 517 \| 34.505 \| XAMS \| x8K8wR3weAA \| \| 12/04/2024 \| 16:15:58 \| 561 \| 34.510 \| XAMS \| x8K8wR3wfS2 \| \| 12/04/2024 \| 16:15:31 \| 383 \| 34.510 \| XAMS \| x8K8wR3wMNE \| \| 12/04/2024 \| 16:15:02 \| 613 \| 34.505 \| XAMS \| x8K8wR3wNyy \| \| 12/04/2024 \| 16:14:33 \| 248 \| 34.515 \| XAMS \| x8K8wR3wKX1 \| \| 12/04/2024 \| 16:14:33 \| 144 \| 34.515 \| XAMS \| x8K8wR3wKX3 \| \| 12/04/2024 \| 16:14:09 \| 627 \| 34.525 \| XAMS \| x8K8wR3wK5q \| \| 12/04/2024 \| 16:13:42 \| 411 \| 34.520 \| XAMS \| x8K8wR3wLbC \| \| 12/04/2024 \| 16:13:22 \| 380 \| 34.525 \| XAMS \| x8K8wR3wLzB \| \| 12/04/2024 \| 16:12:52 \| 843 \| 34.520 \| XAMS \| x8K8wR3wLYX \| \| 12/04/2024 \| 16:12:11 \| 409 \| 34.515 \| XAMS \| x8K8wR3wIKZ \| \| 12/04/2024 \| 16:11:44 \| 408 \| 34.510 \| XAMS \| x8K8wR3wJsy \| \| 12/04/2024 \| 16:11:32 \| 410 \| 34.510 \| XAMS \| x8K8wR3wJ5x \| \| 12/04/2024 \| 16:11:08 \| 408 \| 34.520 \| XAMS \| x8K8wR3wJSY \| \| 12/04/2024 \| 16:10:47 \| 407 \| 34.515 \| XAMS \| x8K8wR3wGzC \| \| 12/04/2024 \| 16:10:18 \| 450 \| 34.520 \| XAMS \| x8K8wR3wGOL \| \| 12/04/2024 \| 16:10:00 \| 355 \| 34.515 \| XAMS \| x8K8wR3wH5E \| \| 12/04/2024 \| 16:09:40 \| 355 \| 34.520 \| XAMS \| x8K8wR3wUln \| \| 12/04/2024 \| 16:09:33 \| 525 \| 34.510 \| XAMS \| x8K8wR3wUys \| \| 12/04/2024 \| 16:08:44 \| 33 \| 34.505 \| XAMS \| x8K8wR3wVzd \| \| 12/04/2024 \| 16:08:44 \| 325 \| 34.505 \| XAMS \| x8K8wR3wVzf \| \| 12/04/2024 \| 16:08:44 \| 139 \| 34.505 \| XAMS \| x8K8wR3wVzh \| \| Date \| Time \| Value \| Price \| Source \| ID \| \|------------\|----------\|-------\|--------\|--------\|-------------\| \| 12/04/2024 \| 16:08:07 \| 684 \| 34.510 \| XAMS \| x8K8wR3wVQS \| \| 12/04/2024 \| 16:07:20 \| 491 \| 34.520 \| XAMS \| x8K8wR3wSN5 \| \| 12/04/2024 \| 16:06:50 \| 15 \| 34.520 \| XAMS \| x8K8wR3wTsZ \| \| 12/04/2024 \| 16:06:49 \| 486 \| 34.525 \| XAMS \| x8K8wR3wTnw \| \| 12/04/2024 \| 16:06:19 \| 459 \| 34.525 \| XAMS \| x8K8wR3wTKE \| \| 12/04/2024 \| 16:06:15 \| 65 \| 34.525 \| XAMS \| x8K8wR3wTHt \| \| 12/04/2024 \| 16:05:47 \| 4 \| 34.550 \| XAMS \| x8K8wR3wQzs \| \| 12/04/2024 \| 16:05:47 \| 500 \| 34.550 \| XAMS \| x8K8wR3wQzu \| \| 12/04/2024 \| 16:05:10 \| 512 \| 34.555 \| XAMS \| x8K8wR3wQVb \| \| 12/04/2024 \| 16:04:36 \| 354 \| 34.545 \| XAMS \| x8K8wR3wR5t \| \| 12/04/2024 \| 16:04:23 \| 222 \| 34.550 \| XAMS \| x8K8wR3wRBf \| \| 12/04/2024 \| 16:04:23 \| 151 \| 34.550 \| XAMS \| x8K8wR3wRBh \| \| 12/04/2024 \| 16:03:55 \| 374 \| 34.530 \| XAMS \| x8K8wR3wOlg \| \| 12/04/2024 \| 16:03:29 \| 374 \| 34.530 \| XAMS \| x8K8wR3wODP \| \| 12/04/2024 \| 16:03:16 \| 374 \| 34.535 \| XAMS \| x8K8wR3wOGf \| \| 12/04/2024 \| 16:02:49 \| 374 \| 34.540 \| XAMS \| x8K8wR3wP3l \| \| 12/04/2024 \| 16:02:32 \| 366 \| 34.545 \| XAMS \| x8K8wR3wP8g \| \| 12/04/2024 \| 16:02:01 \| 568 \| 34.550 \| XAMS \| x8K8wR3w67P \| \| 12/04/2024 \| 16:01:35 \| 373 \| 34.555 \| XAMS \| x8K8wR3w7Zd \| \| 12/04/2024 \| 16:01:11 \| 374 \| 34.555 \| XAMS \| x8K8wR3w753 \| \| 12/04/2024 \| 16:00:52 \| 373 \| 34.550 \| XAMS \| x8K8wR3w7Pp \| \| 12/04/2024 \| 16:00:24 \| 374 \| 34.550 \| XAMS \| x8K8wR3w4wM \| \| 12/04/2024 \| 16:00:02 \| 362 \| 34.550 \| XAMS \| x8K8wR3w5dO \| \| 12/04/2024 \| 15:59:43 \| 710 \| 34.555 \| XAMS \| x8K8wR3w55d \| \| 12/04/2024 \| 15:58:58 \| 11 \| 34.555 \| XAMS \| x8K8wR3w2EZ \| \| 12/04/2024 \| 15:58:58 \| 500 \| 34.555 \| XAMS \| x8K8wR3w2Ey \| \| 12/04/2024 \| 15:58:26 \| 15 \| 34.555 \| XAMS \| x8K8wR3w3eN \| \| 12/04/2024 \| 15:58:26 \| 500 \| 34.555 \| XAMS \| x8K8wR3w3eP \| \| 12/04/2024 \| 15:57:54 \| 382 \| 34.565 \| XAMS \| x8K8wR3w3LW \| \| 12/04/2024 \| 15:57:30 \| 466 \| 34.560 \| XAMS \| x8K8wR3w0gL \| \| 12/04/2024 \| 15:56:54 \| 506 \| 34.580 \| XAMS \| x8K8wR3w0SA \| \| 12/04/2024 \| 15:56:26 \| 66 \| 34.585 \| XAMS \| x8K8wR3w1y7 \| \| 12/04/2024 \| 15:56:26 \| 620 \| 34.585 \| XAMS \| x8K8wR3w1y9 \| \| 12/04/2024 \| 15:55:39 \| 511 \| 34.590 \| XAMS \| x8K8wR3wEjj \| \| 12/04/2024 \| 15:55:13 \| 511 \| 34.590 \| XAMS \| x8K8wR3wEBx \| \| 12/04/2024 \| 15:54:35 \| 476 \| 34.600 \| XAMS \| x8K8wR3wF$m \| \| 12/04/2024 \| 15:54:01 \| 468 \| 34.590 \| XAMS \| x8K8wR3wCiC \| \| 12/04/2024 \| 15:53:26 \| 467 \| 34.610 \| XAMS \| x8K8wR3wCKN \| \| 12/04/2024 \| 15:52:56 \| 470 \| 34.600 \| XAMS \| x8K8wR3wDy4 \| \| 12/04/2024 \| 15:52:19 \| 466 \| 34.600 \| XAMS \| x8K8wR3wAZI \| \| 12/04/2024 \| 15:51:55 \| 467 \| 34.610 \| XAMS \| x8K8wR3wAAb \| \| 12/04/2024 \| 15:51:13 \| 467 \| 34.610 \| XAMS \| x8K8wR3wBv3 \| \| 12/04/2024 \| 15:50:43 \| 468 \| 34.610 \| XAMS \| x8K8wR3wBVL \| \| 12/04/2024 \| 15:50:16 \| 467 \| 34.620 \| XAMS \| x8K8wR3w8$8 \| \| 12/04/2024 \| 15:49:33 \| 486 \| 34.620 \| XAMS \| x8K8wR3w9la \| \| 12/04/2024 \| 15:49:03 \| 672 \| 34.630 \| XAMS \| x8K8wR3w9Uf \| \| 12/04/2024 \| 15:48:17 \| 504 \| 34.625 \| XAMS \| x8K8wR3xsSs \| \| 12/04/2024 \| 15:47:46 \| 361 \| 34.620 \| XAMS \| x8K8wR3xtVB \| \| Date \| Time \| Price \| Volume \| Exchange \| Order ID \| \|------------\|----------\|--------\|--------\|------------\|-------------------\| \| 12/04/2024 \| 15:47:21 \| 466 \| 34.630 \| XAMS \| x8K8wR3xtO8 \| \| 12/04/2024 \| 15:46:52 \| 671 \| 34.630 \| XAMS \| x8K8wR3xqwa \| \| 12/04/2024 \| 15:46:06 \| 501 \| 34.650 \| XAMS \| x8K8wR3xrms$ \| \| 12/04/2024 \| 15:45:40 \| 497 \| 34.655 \| XAMS \| x8K8wR3xrGH \| \| 12/04/2024 \| 15:45:07 \| 661 \| 34.660 \| XAMS \| x8K8wR3xop1 \| \| 12/04/2024 \| 15:44:17 \| 459 \| 34.640 \| XAMS \| x8K8wR3xpk9 \| \| 12/04/2024 \| 15:43:46 \| 622 \| 34.655 \| XAMS \| x8K8wR3xpAH \| \| 12/04/2024 \| 15:42:58 \| 463 \| 34.630 \| XAMS \| x8K8wR3xm1l \| \| 12/04/2024 \| 15:42:32 \| 463 \| 34.640 \| XAMS \| x8K8wR3xmRp \| \| 12/04/2024 \| 15:41:53 \| 464 \| 34.665 \| XAMS \| x8K8wR3xnDp \| \| 12/04/2024 \| 15:41:24 \| 463 \| 34.660 \| XAMS \| x8K8wR3x@dr \| \| 12/04/2024 \| 15:40:55 \| 460 \| 34.660 \| XAMS \| x8K8wR3x@1i \| \| 12/04/2024 \| 15:40:23 \| 239 \| 34.650 \| XAMS \| x8K8wR3x$jjt \| \| 12/04/2024 \| 15:40:23 \| 384 \| 34.650 \| XAMS \| x8K8wR3x$jlx \| \| 12/04/2024 \| 15:39:35 \| 350 \| 34.640 \| XAMS \| x8K8wR3x$JZ \| \| 12/04/2024 \| 15:39:08 \| 359 \| 34.660 \| XAMS \| x8K8wR3xyeQ \| \| 12/04/2024 \| 15:38:46 \| 399 \| 34.645 \| XAMS \| x8K8wR3xy4w \| \| 12/04/2024 \| 15:38:20 \| 140 \| 34.650 \| XAMS \| x8K8wR3xySI \| \| 12/04/2024 \| 15:38:20 \| 691 \| 34.655 \| XAMS \| x8K8wR3xyVg \| \| 12/04/2024 \| 15:38:10 \| 754 \| 34.660 \| XAMS \| x8K8wR3zceW \| \| 12/04/2024 \| 15:37:09 \| 536 \| 34.610 \| XAMS \| x8K8wR3xwfW \| \| 12/04/2024 \| 15:36:11 \| 360 \| 34.605 \| XAMS \| x8K8wR3xxYI \| \| 12/04/2024 \| 15:35:56 \| 360 \| 34.605 \| XAMS \| x8K8wR3xxpl \| \| 12/04/2024 \| 15:35:26 \| 360 \| 34.615 \| XAMS \| x8K8wR3xxKu \| \| 12/04/2024 \| 15:35:05 \| 355 \| 34.630 \| XAMS \| x8K8wR3xueW \| \| 12/04/2024 \| 15:34:51 \| 552 \| 34.640 \| XAMS \| x8K8wR3xuwN \| \| 12/04/2024 \| 15:34:09 \| 370 \| 34.635 \| XAMS \| x8K8wR3xvKC \| \| 12/04/2024 \| 15:33:50 \| 371 \| 34.630 \| XAMS \| x8K8wR3xv6i \| \| 12/04/2024 \| 15:33:30 \| 371 \| 34.640 \| XAMS \| x8K8wR3xvP9 \| \| 12/04/2024 \| 15:33:11 \| 369 \| 34.645 \| XAMS \| x8K8wR3xcej \| \| 12/04/2024 \| 15:32:50 \| 560 \| 34.640 \| XAMS \| x8K8wR3xc0C \| \| 12/04/2024 \| 15:32:12 \| 371 \| 34.615 \| XAMS \| x8K8wR3xdcQ \| \| 12/04/2024 \| 15:31:48 \| 371 \| 34.625 \| XAMS \| x8K8wR3xdvA \| \| 12/04/2024 \| 15:31:27 \| 78 \| 34.630 \| XAMS \| x8K8wR3xdBB \| \| 12/04/2024 \| 15:31:27 \| 214 \| 34.630 \| XAMS \| x8K8wR3xdBD \| \| 12/04/2024 \| 15:31:27 \| 78 \| 34.630 \| XAMS \| x8K8wR3xdBF \| \| 12/04/2024 \| 15:31:04 \| 372 \| 34.645 \| XAMS \| x8K8wR3xaiY \| \| 12/04/2024 \| 15:30:47 \| 371 \| 34.645 \| XAMS \| x8K8wR3xawd \| \| 12/04/2024 \| 15:30:20 \| 371 \| 34.615 \| XAMS \| x8K8wR3xaPC \| \| 12/04/2024 \| 15:30:01 \| 368 \| 34.635 \| XAMS \| x8K8wR3xbmH \| \| 12/04/2024 \| 15:29:40 \| 166 \| 34.625 \| XAMS \| x8K8wR3xb8K \| \| 12/04/2024 \| 15:29:40 \| 350 \| 34.625 \| XAMS \| x8K8wR3xb8M \| \| 12/04/2024 \| 15:29:05 \| 497 \| 34.630 \| XAMS \| x8K8wR3xYhV \| \| 12/04/2024 \| 15:28:36 \| 497 \| 34.660 \| XAMS \| x8K8wR3xY9s \| \| 12/04/2024 \| 15:27:56 \| 494 \| 34.675 \| XAMS \| x8K8wR3xZvu \| \| 12/04/2024 \| 15:27:29 \| 665 \| 34.700 \| XAMS \| x8K8wR3xZUm \| \| 12/04/2024 \| 15:26:43 \| 502 \| 34.665 \| XAMS \| x8K8wR3xWBf \| \| 12/04/2024 \| 15:26:18 \| 327 \| 34.660 \| XAMS \| x8K8wR3xXlu \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|-------\|---------\| \| 12/04/2024 \| 15:25:47 \| 423 \| 34.665 \| XAMS \| x8K8wR3xXFJ \| \| 12/04/2024 \| 15:25:25 \| 474 \| 34.685 \| XAMS \| x8K8wR3xkgV \| \| 12/04/2024 \| 15:25:24 \| 96 \| 34.685 \| XAMS \| x8K8wR3xkrc \| \| 12/04/2024 \| 15:24:39 \| 478 \| 34.685 \| XAMS \| x8K8wR3xldr \| \| 12/04/2024 \| 15:24:10 \| 466 \| 34.675 \| XAMS \| x8K8wR3lxu \| \| 12/04/2024 \| 15:23:32 \| 466 \| 34.660 \| XAMS \| x8K8wR3xiYg \| \| 12/04/2024 \| 15:22:59 \| 463 \| 34.650 \| XAMS \| x8K8wR3xi1X \| \| 12/04/2024 \| 15:22:26 \| 781 \| 34.690 \| XAMS \| x8K8wR3xiR5 \| \| 12/04/2024 \| 15:21:39 \| 466 \| 34.680 \| XAMS \| x8K8wR3xjKK \| \| 12/04/2024 \| 15:20:58 \| 466 \| 34.665 \| XAMS \| x8K8wR3xgo9 \| \| 12/04/2024 \| 15:20:33 \| 466 \| 34.655 \| XAMS \| x8K8wR3xgNI \| \| 12/04/2024 \| 15:19:51 \| 472 \| 34.655 \| XAMS \| x8K8wR3xhyy \| \| 12/04/2024 \| 15:19:20 \| 684 \| 34.640 \| XAMS \| x8K8wR3xhTy \| \| 12/04/2024 \| 15:18:35 \| 514 \| 34.595 \| XAMS \| x8K8wR3xe3n \| \| 12/04/2024 \| 15:18:01 \| 366 \| 34.615 \| XAMS \| x8K8wR3xfIx \| \| 12/04/2024 \| 15:17:43 \| 496 \| 34.645 \| XAMS \| x8K8wR3xf3@ \| \| 12/04/2024 \| 15:17:43 \| 33 \| 34.645 \| XAMS \| x8K8wR3xf3y \| \| 12/04/2024 \| 15:17:10 \| 466 \| 34.645 \| XAMS \| x8K8wR3xMmz \| \| 12/04/2024 \| 15:16:35 \| 508 \| 34.615 \| XAMS \| x8K8wR3xMUj \| \| 12/04/2024 \| 15:16:01 \| 683 \| 34.620 \| XAMS \| x8K8wR3xNw5 \| \| 12/04/2024 \| 15:15:24 \| 512 \| 34.615 \| XAMS \| x8K8wR3xKk0 \| \| 12/04/2024 \| 15:14:44 \| 513 \| 34.600 \| XAMS \| x8K8wR3xLdB \| \| 12/04/2024 \| 15:14:10 \| 516 \| 34.590 \| XAMS \| x8K8wR3xL6o \| \| 12/04/2024 \| 15:13:40 \| 16 \| 34.610 \| XAMS \| x8K8wR3xlbN \| \| 12/04/2024 \| 15:13:40 \| 500 \| 34.610 \| XAMS \| x8K8wR3xIbP \| \| 12/04/2024 \| 15:13:06 \| 18 \| 34.615 \| XAMS \| x8K8wR3xlVS \| \| 12/04/2024 \| 15:13:06 \| 500 \| 34.615 \| XAMS \| x8K8wR3xlvU \| \| 12/04/2024 \| 15:12:32 \| 516 \| 34.615 \| XAMS \| x8K8wR3xIQQ \| \| 12/04/2024 \| 15:12:00 \| 516 \| 34.605 \| XAMS \| x8K8wR3xJxW \| \| 12/04/2024 \| 15:11:26 \| 518 \| 34.585 \| XAMS \| x8K8wR3xGco \| \| 12/04/2024 \| 15:10:52 \| 409 \| 34.560 \| XAMS \| x8K8wR3xGDp \| \| 12/04/2024 \| 15:10:33 \| 450 \| 34.565 \| XAMS \| x8K8wR3xGPR \| \| 12/04/2024 \| 15:10:06 \| 18 \| 34.590 \| XAMS \| x8K8wR3xHms \| \| 12/04/2024 \| 15:10:06 \| 500 \| 34.590 \| XAMS \| x8K8wR3xHmu \| \| 12/04/2024 \| 15:09:26 \| 379 \| 34.595 \| XAMS \| x8K8wR3xUdl \| \| 12/04/2024 \| 15:09:04 \| 499 \| 34.605 \| XAMS \| x8K8wR3xUxZ \| \| 12/04/2024 \| 15:08:49 \| 263 \| 34.590 \| XAMS \| x8K8wR3xULP \| \| 12/04/2024 \| 15:08:18 \| 380 \| 34.590 \| XAMS \| x8K8wR3xVqK \| \| 12/04/2024 \| 15:07:57 \| 380 \| 34.600 \| XAMS \| x8K8wR3xV0H \| \| 12/04/2024 \| 15:07:40 \| 380 \| 34.605 \| XAMS \| x8K8wR3xVHw \| \| 12/04/2024 \| 15:07:16 \| 380 \| 34.610 \| XAMS \| x8K8wR3xStc \| \| 12/04/2024 \| 15:06:51 \| 380 \| 34.640 \| XAMS \| x8K8wR3xSHA \| \| 12/04/2024 \| 15:06:34 \| 378 \| 34.650 \| XAMS \| x8K8wR3xTZj \| \| 12/04/2024 \| 15:06:08 \| 573 \| 34.655 \| XAMS \| x8K8wR3xT$c \| \| 12/04/2024 \| 15:05:38 \| 379 \| 34.640 \| XAMS \| x8K8wR3xTNf \| \| 12/04/2024 \| 15:05:15 \| 189 \| 34.635 \| XAMS \| x8K8wR3xQbG \| \| 12/04/2024 \| 15:05:15 \| 192 \| 34.635 \| XAMS \| x8K8wR3xQbl \| \| 12/04/2024 \| 15:04:52 \| 379 \| 34.635 \| XAMS \| x8K8wR3xQMO \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 15:04:36 \| 443 \| 34.620 \| XAMS \| x8K8wR3xQ10 \| \| 12/04/2024 \| 15:04:14 \| 453 \| 34.630 \| XAMS \| x8K8wR3xQJC \| \| 12/04/2024 \| 15:03:45 \| 353 \| 34.625 \| XAMS \| x8K8wR3xRtO \| \| 12/04/2024 \| 15:03:44 \| 100 \| 34.625 \| XAMS \| x8K8wR3xRmi \| \| 12/04/2024 \| 15:03:27 \| 453 \| 34.635 \| XAMS \| x8K8wR3xR2h \| \| 12/04/2024 \| 15:03:03 \| 453 \| 34.640 \| XAMS \| x8K8wR3xOcX \| \| 12/04/2024 \| 15:02:38 \| 452 \| 34.600 \| XAMS \| x8K8wR3xOvR \| \| 12/04/2024 \| 15:02:17 \| 453 \| 34.550 \| XAMS \| x8K8wR3xOO8 \| \| 12/04/2024 \| 15:01:53 \| 451 \| 34.565 \| XAMS \| x8K8wR3xP@R \| \| 12/04/2024 \| 15:01:34 \| 682 \| 34.580 \| XAMS \| x8K8wR3xPAG \| \| 12/04/2024 \| 15:00:59 \| 453 \| 34.560 \| XAMS \| x8K8wR3x6n4 \| \| 12/04/2024 \| 15:00:40 \| 450 \| 34.560 \| XAMS \| x8K8wR3x6o0 \| \| 12/04/2024 \| 15:00:15 \| 682 \| 34.540 \| XAMS \| x8K8wR3x7JM \| \| 12/04/2024 \| 14:59:46 \| 430 \| 34.535 \| XAMS \| x8K8wR3x4ao \| \| 12/04/2024 \| 14:59:21 \| 531 \| 34.540 \| XAMS \| x8K8wR3x41s \| \| 12/04/2024 \| 14:58:51 \| 717 \| 34.530 \| XAMS \| x8K8wR3x5r5 \| \| 12/04/2024 \| 14:58:09 \| 356 \| 34.530 \| XAMS \| x8K8wR3x5GP \| \| 12/04/2024 \| 14:57:45 \| 356 \| 34.530 \| XAMS \| x8K8wR3x2g0 \| \| 12/04/2024 \| 14:57:19 \| 354 \| 34.510 \| XAMS \| x8K8wR3x22z \| \| 12/04/2024 \| 14:57:03 \| 533 \| 34.500 \| XAMS \| x8K8wR3x2l4 \| \| 12/04/2024 \| 14:56:33 \| 648 \| 34.505 \| XAMS \| x8K8wR3x3r8 \| \| 12/04/2024 \| 14:55:43 \| 622 \| 34.500 \| XAMS \| x8K8wR3x0IE \| \| 12/04/2024 \| 14:55:43 \| 725 \| 34.500 \| XAMS \| x8K8wR3x0ls \| \| 12/04/2024 \| 14:55:42 \| 466 \| 34.505 \| XAMS \| x8K8wR3x0kv \| \| 12/04/2024 \| 14:54:54 \| 501 \| 34.475 \| XAMS \| x8K8wR3x1Wa \| \| 12/04/2024 \| 14:54:33 \| 59 \| 34.500 \| XAMS \| x8K8wR3x1C \| \| 12/04/2024 \| 14:54:33 \| 310 \| 34.500 \| XAMS \| x8K8wR3x1$E \| \| 12/04/2024 \| 14:54:33 \| 687 \| 34.500 \| XAMS \| x8K8wR3x1$P \| \| 12/04/2024 \| 14:54:20 \| 513 \| 34.500 \| XAMS \| x8K8wR3x1DB \| \| 12/04/2024 \| 14:53:42 \| 515 \| 34.510 \| XAMS \| x8K8wR3xEgi \| \| 12/04/2024 \| 14:53:41 \| 622 \| 34.515 \| XAMS \| x8K8wR3xErl \| \| 12/04/2024 \| 14:53:04 \| 539 \| 34.515 \| XAMS \| x8K8wR3xElf \| \| 12/04/2024 \| 14:53:03 \| 661 \| 34.520 \| XAMS \| x8K8wR3xEl4 \| \| 12/04/2024 \| 14:52:26 \| 466 \| 34.540 \| XAMS \| x8K8wR3xF0O \| \| 12/04/2024 \| 14:52:25 \| 651 \| 34.540 \| XAMS \| x8K8wR3xF2a \| \| 12/04/2024 \| 14:51:48 \| 467 \| 34.545 \| XAMS \| x8K8wR3xC@9 \| \| 12/04/2024 \| 14:51:48 \| 627 \| 34.550 \| XAMS \| x8K8wR3xCvp \| \| 12/04/2024 \| 14:51:14 \| 276 \| 34.575 \| XAMS \| x8K8wR3xCVJ \| \| 12/04/2024 \| 14:51:14 \| 222 \| 34.575 \| XAMS \| x8K8wR3xCVL \| \| 12/04/2024 \| 14:51:12 \| 616 \| 34.580 \| XAMS \| x8K8wR3xCUV \| \| 12/04/2024 \| 14:51:04 \| 372 \| 34.580 \| XAMS \| x8K8wR3xDbK \| \| 12/04/2024 \| 14:51:04 \| 156 \| 34.580 \| XAMS \| x8K8wR3xDbM \| \| 12/04/2024 \| 14:50:48 \| 631 \| 34.585 \| XAMS \| x8K8wR3xDqh \| \| 12/04/2024 \| 14:50:06 \| 526 \| 34.600 \| XAMS \| x8K8wR3xDGt \| \| 12/04/2024 \| 14:49:58 \| 665 \| 34.605 \| XAMS \| x8K8wR3xDRK \| \| 12/04/2024 \| 14:49:20 \| 509 \| 34.595 \| XAMS \| x8K8wR3xA5k \| \| 12/04/2024 \| 14:49:03 \| 389 \| 34.605 \| XAMS \| x8K8wR3xABd \| \| 12/04/2024 \| 14:49:01 \| 519 \| 34.605 \| XAMS \| x8K8wR3xAKH \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 14:49:00 \| 519 \| 34.610 \| XAMS \| x8K8wR3xAMh \| \| 12/04/2024 \| 14:48:14 \| 585 \| 34.620 \| XAMS \| x8K8wR3xBxS \| \| 12/04/2024 \| 14:48:11 \| 585 \| 34.625 \| XAMS \| x8K8wR3xB4y \| \| 12/04/2024 \| 14:47:30 \| 500 \| 34.640 \| XAMS \| x8K8wR3x8Xi \| \| 12/04/2024 \| 14:47:30 \| 622 \| 34.645 \| XAMS \| x8K8wR3x8Xw \| \| 12/04/2024 \| 14:47:01 \| 623 \| 34.685 \| XAMS \| x8K8wR3x8Y \| \| 12/04/2024 \| 14:47:01 \| 436 \| 34.680 \| XAMS \| x8K8wR3x8uU \| \| 12/04/2024 \| 14:46:14 \| 437 \| 34.645 \| XAMS \| x8K8wR3x9qb \| \| 12/04/2024 \| 14:46:14 \| 623 \| 34.650 \| XAMS \| x8K8wR3x9qc \| \| 12/04/2024 \| 14:45:41 \| 239 \| 34.705 \| XAMS \| x8K8wR3x98c \| \| 12/04/2024 \| 14:45:41 \| 551 \| 34.705 \| XAMS \| x8K8wR3x98e \| \| 12/04/2024 \| 14:45:11 \| 391 \| 34.695 \| XAMS \| x8K8wR3qsk9 \| \| 12/04/2024 \| 14:45:11 \| 320 \| 34.695 \| XAMS \| x8K8wR3qskB \| \| 12/04/2024 \| 14:45:09 \| 599 \| 34.695 \| XAMS \| x8K8wR3qseJ \| \| 12/04/2024 \| 14:45:02 \| 21 \| 34.690 \| XAMS \| x8K8wR3qspd \| \| 12/04/2024 \| 14:44:34 \| 482 \| 34.725 \| XAMS \| x8K8wR3qsNs \| \| 12/04/2024 \| 14:44:24 \| 686 \| 34.730 \| XAMS \| x8K8wR3gsUY \| \| 12/04/2024 \| 14:44:23 \| 686 \| 34.735 \| XAMS \| x8K8wR3gsP@ \| \| 12/04/2024 \| 14:43:12 \| 479 \| 34.715 \| XAMS \| x8K8wR3qqaa \| \| 12/04/2024 \| 14:43:12 \| 384 \| 34.715 \| XAMS \| x8K8wR3qqar \| \| 12/04/2024 \| 14:43:12 \| 550 \| 34.720 \| XAMS \| x8K8wR3qqat \| \| 12/04/2024 \| 14:42:40 \| 630 \| 34.705 \| XAMS \| x8K8wR3q77 \| \| 12/04/2024 \| 14:42:39 \| 566 \| 34.710 \| XAMS \| x8K8wR3qq1@ \| \| 12/04/2024 \| 14:42:07 \| 146 \| 34.665 \| XAMS \| x8K8wR3qrWj \| \| 12/04/2024 \| 14:42:07 \| 500 \| 34.665 \| XAMS \| x8K8wR3qrWI \| \| 12/04/2024 \| 14:42:01 \| 500 \| 34.665 \| XAMS \| x8K8wR3qrFW \| \| 12/04/2024 \| 14:42:01 \| 135 \| 34.665 \| XAMS \| x8K8wR3qrkU \| \| 12/04/2024 \| 14:41:21 \| 458 \| 34.670 \| XAMS \| x8K8wR3qotm \| \| 12/04/2024 \| 14:41:21 \| 497 \| 34.670 \| XAMS \| x8K8wR3qosb \| \| 12/04/2024 \| 14:41:21 \| 190 \| 34.670 \| XAMS \| x8K8wR3qosZ \| \| 12/04/2024 \| 14:41:06 \| 592 \| 34.665 \| XAMS \| x8K8wR3qo7r \| \| 12/04/2024 \| 14:40:56 \| 405 \| 34.675 \| XAMS \| x8K8wR3qoB@ \| \| 12/04/2024 \| 14:40:56 \| 285 \| 34.675 \| XAMS \| x8K8wR3qoB0 \| \| 12/04/2024 \| 14:40:14 \| 217 \| 34.620 \| XAMS \| x8K8wR3qpgr \| \| 12/04/2024 \| 14:40:14 \| 500 \| 34.620 \| XAMS \| x8K8wR3qpqt \| \| 12/04/2024 \| 14:39:49 \| 16 \| 34.650 \| XAMS \| x8K8wR3qpE5 \| \| 12/04/2024 \| 14:39:49 \| 576 \| 34.650 \| XAMS \| x8K8wR3qpE7 \| \| 12/04/2024 \| 14:39:41 \| 569 \| 34.645 \| XAMS \| x8K8wR3qpAU \| \| 12/04/2024 \| 14:39:34 \| 100 \| 34.645 \| XAMS \| x8K8wR3qpJA \| \| 12/04/2024 \| 14:38:56 \| 454 \| 34.660 \| XAMS \| x8K8wR3qmpE \| \| 12/04/2024 \| 14:38:56 \| 630 \| 34.660 \| XAMS \| x8K8wR3qmpG \| \| 12/04/2024 \| 14:38:56 \| 1084 \| 34.665 \| XAMS \| x8K8wR3qmpV \| \| 12/04/2024 \| 14:38:25 \| 674 \| 34.650 \| XAMS \| x8K8wR3qmpMc \| \| 12/04/2024 \| 14:37:41 \| 93 \| 34.615 \| XAMS \| x8K8wR3qnFX \| \| 12/04/2024 \| 14:37:41 \| 500 \| 34.615 \| XAMS \| x8K8wR3qnFZ \| \| 12/04/2024 \| 14:37:39 \| 188 \| 34.620 \| XAMS \| x8K8wR3qnFT \| \| 12/04/2024 \| 14:37:39 \| 500 \| 34.620 \| XAMS \| x8K8wR3qnFV \| \| 12/04/2024 \| 14:37:32 \| 642 \| 34.615 \| XAMS \| x8K8wR3qnLc \| \| Date \| Time \| Value \| Price \| Location \| Code \| \|------------\|----------\|-------\|--------\|------------\|---------\| \| 12/04/2024 \| 14:37:15 \| 713 \| 34.610 \| XAMS \| x8K8wR3qnOU \| \| 12/04/2024 \| 14:36:43 \| 475 \| 34.600 \| XAMS \| x8K8wR3q@yd \| \| 12/04/2024 \| 14:36:15 \| 783 \| 34.605 \| XAMS \| x8K8wR3q@KX \| \| 12/04/2024 \| 14:36:08 \| 572 \| 34.610 \| XAMS \| x8K8wR3q@la \| \| 12/04/2024 \| 14:35:31 \| 691 \| 34.570 \| XAMS \| x8K8wR3q$u2 \| \| 12/04/2024 \| 14:35:28 \| 596 \| 34.575 \| XAMS \| x8K8wR3q$5W \| \| 12/04/2024 \| 14:35:20 \| 6 \| 34.575 \| XAMS \| x8K8wR3q$0p \| \| 12/04/2024 \| 14:35:20 \| 865 \| 34.575 \| XAMS \| x8K8wR3q$0r \| \| 12/04/2024 \| 14:34:53 \| 1006 \| 34.550 \| XAMS \| x8K8wR3qyY0 \| \| 12/04/2024 \| 14:34:45 \| 300 \| 34.555 \| XAMS \| x8K8wR3qye$ \| \| 12/04/2024 \| 14:34:45 \| 864 \| 34.555 \| XAMS \| x8K8wR3qye1 \| \| 12/04/2024 \| 14:34:32 \| 342 \| 34.545 \| XAMS \| x8K8wR3gywh \| \| 12/04/2024 \| 14:34:32 \| 500 \| 34.545 \| XAMS \| x8K8wR3qywj \| \| 12/04/2024 \| 14:34:30 \| 792 \| 34.550 \| XAMS \| x8K8wR3qy5B \| \| 12/04/2024 \| 14:33:59 \| 958 \| 34.555 \| XAMS \| x8K8wR3qzdh \| \| 12/04/2024 \| 14:33:59 \| 500 \| 34.555 \| XAMS \| x8K8wR3qzdj \| \| 12/04/2024 \| 14:33:19 \| 378 \| 34.560 \| XAMS \| x8K8wR3qzAR \| \| 12/04/2024 \| 14:33:18 \| 543 \| 34.565 \| XAMS \| x8K8wR3qzLS \| \| 12/04/2024 \| 14:33:18 \| 597 \| 34.570 \| XAMS \| x8K8wR3qzM \| \| 12/04/2024 \| 14:33:18 \| 1363 \| 34.575 \| XAMS \| x8K8wR3qzKU \| \| 12/04/2024 \| 14:33:17 \| 500 \| 34.580 \| XAMS \| x8K8wR3qzN7 \| \| 12/04/2024 \| 14:32:55 \| 211 \| 34.580 \| XAMS \| x8K8wR3qwgG \| \| 12/04/2024 \| 14:32:55 \| 930 \| 34.580 \| XAMS \| x8K8wR3qwqS \| \| 12/04/2024 \| 14:32:55 \| 192 \| 34.580 \| XAMS \| x8K8wR3qwqU \| \| 12/04/2024 \| 14:32:09 \| 421 \| 34.595 \| XAMS \| x8K8wR3qxlc \| \| 12/04/2024 \| 14:32:09 \| 466 \| 34.600 \| XAMS \| x8K8wR3qxiP \| \| 12/04/2024 \| 14:32:03 \| 688 \| 34.600 \| XAMS \| x8K8wR3qxgU \| \| 12/04/2024 \| 14:31:46 \| 722 \| 34.590 \| XAMS \| x8K8wR3qx7R \| \| 12/04/2024 \| 14:31:46 \| 1210 \| 34.595 \| XAMS \| x8K8wR3qx6q \| \| 12/04/2024 \| 14:31:46 \| 821 \| 34.600 \| XAMS \| x8K8wR3qx6E \| \| 12/04/2024 \| 14:31:24 \| 124 \| 34.520 \| XAMS \| x8K8wR3qubW \| \| 12/04/2024 \| 14:31:24 \| 576 \| 34.520 \| XAMS \| x8K8wR3qubY \| \| 12/04/2024 \| 14:31:06 \| 845 \| 34.505 \| XAMS \| x8K8wR3quzN \| \| 12/04/2024 \| 14:31:04 \| 735 \| 34.510 \| XAMS \| x8K8wR3qu$R \| \| 12/04/2024 \| 14:30:50 \| 1391 \| 34.505 \| XAMS \| x8K8wR3quC0 \| \| 12/04/2024 \| 14:30:13 \| 609 \| 34.490 \| XAMS \| x8K8wR3qv$h \| \| 12/04/2024 \| 14:30:07 \| 591 \| 34.520 \| XAMS \| x8K8wR3qv7T \| \| 12/04/2024 \| 14:30:03 \| 553 \| 34.520 \| XAMS \| x8K8wR3qv2B \| \| 12/04/2024 \| 14:29:44 \| 584 \| 34.450 \| XAMS \| x8K8wR3qvOS \| \| 12/04/2024 \| 14:29:42 \| 555 \| 34.450 \| XAMS \| x8K8wR3qvQu \| \| 12/04/2024 \| 14:29:33 \| 1136 \| 34.450 \| XAMS \| x8K8wR3qchm \| \| 12/04/2024 \| 14:29:30 \| 59 \| 34.450 \| XAMS \| x8K8wR3qcq8 \| \| 12/04/2024 \| 14:29:30 \| 500 \| 34.450 \| XAMS \| x8K8wR3qcqA \| \| 12/04/2024 \| 14:28:06 \| 599 \| 34.440 \| XAMS \| x8K8wR3qdhw \| \| 12/04/2024 \| 14:27:42 \| 225 \| 34.435 \| XAMS \| x8K8wR3qd2M \| \| 12/04/2024 \| 14:27:42 \| 241 \| 34.435 \| XAMS \| x8K8wR3qd2V \| \| 12/04/2024 \| 14:27:17 \| 521 \| 34.435 \| XAMS \| x8K8wR3qdUP \| \| 12/04/2024 \| 14:26:22 \| 21 \| 34.435 \| XAMS \| x8K8wR3qaEI \| \| Date \| Time \| Value \| Value2 \| Type \| Code \| \|------------\|----------\|-------\|--------\|--------\|--------------\| \| 12/04/2024 \| 14:26:22 \| 571 \| 34.435 \| XAMS \| x8K8wR3qaEK \| \| 12/04/2024 \| 14:26:22 \| 347 \| 34.435 \| XAMS \| x8K8wR3qaER \| \| 12/04/2024 \| 14:26:22 \| 267 \| 34.435 \| XAMS \| x8K8wR3qaET \| \| 12/04/2024 \| 14:25:43 \| 37 \| 34.435 \| XAMS \| x8K8wR3qbqu \| \| 12/04/2024 \| 14:25:43 \| 571 \| 34.435 \| XAMS \| x8K8wR3qbqw \| \| 12/04/2024 \| 14:25:43 \| 15 \| 34.435 \| XAMS \| x8K8wR3qbq8 \| \| 12/04/2024 \| 14:25:43 \| 184 \| 34.435 \| XAMS \| x8K8wR3qbqA \| \| 12/04/2024 \| 14:25:43 \| 500 \| 34.435 \| XAMS \| x8K8wR3qbqC \| \| 12/04/2024 \| 14:24:44 \| 143 \| 34.435 \| XAMS \| x8K8wR3qYa7 \| \| 12/04/2024 \| 14:24:44 \| 500 \| 34.435 \| XAMS \| x8K8wR3qYa9 \| \| 12/04/2024 \| 14:23:38 \| 494 \| 34.435 \| XAMS \| x8K8wR3qY88 \| \| 12/04/2024 \| 14:22:48 \| 494 \| 34.430 \| XAMS \| x8K8wR3qZrB \| \| 12/04/2024 \| 14:22:28 \| 494 \| 34.440 \| XAMS \| x8K8wR3qZ@t \| \| 12/04/2024 \| 14:21:58 \| 482 \| 34.440 \| XAMS \| x8K8wR3qZLe \| \| 12/04/2024 \| 14:21:58 \| 13 \| 34.440 \| XAMS \| x8K8wR3qZLg \| \| 12/04/2024 \| 14:21:00 \| 494 \| 34.435 \| XAMS \| x8K8wR3qW@1 \| \| 12/04/2024 \| 14:20:53 \| 495 \| 34.435 \| XAMS \| x8K8wR3qW5P \| \| 12/04/2024 \| 14:19:57 \| 420 \| 34.435 \| XAMS \| x8K8wR3qXWM \| \| 12/04/2024 \| 14:19:17 \| 430 \| 34.445 \| XAMS \| x8K8wR3qX7Q \| \| 12/04/2024 \| 14:19:10 \| 542 \| 34.450 \| XAMS \| x8K8wR3qXCf \| \| 12/04/2024 \| 14:17:52 \| 457 \| 34.445 \| XAMS \| x8K8wR3qkwl \| \| 12/04/2024 \| 14:17:20 \| 458 \| 34.460 \| XAMS \| x8K8wR3qkHu \| \| 12/04/2024 \| 14:16:50 \| 457 \| 34.460 \| XAMS \| x8K8wR3qlff \| \| 12/04/2024 \| 14:16:01 \| 459 \| 34.460 \| XAMS \| x8K8wR3qlBN \| \| 12/04/2024 \| 14:15:39 \| 457 \| 34.480 \| XAMS \| x8K8wR3qibb \| \| 12/04/2024 \| 14:15:00 \| 469 \| 34.470 \| XAMS \| x8K8wR3qjvG \| \| 12/04/2024 \| 14:14:10 \| 488 \| 34.455 \| XAMS \| x8K8wR3qiPf \| \| 12/04/2024 \| 14:13:40 \| 488 \| 34.455 \| XAMS \| x8K8wR3qiJF \| \| 12/04/2024 \| 14:13:23 \| 489 \| 34.460 \| XAMS \| x8K8wR3qjy9 \| \| 12/04/2024 \| 14:12:37 \| 419 \| 34.460 \| XAMS \| x8K8wR3qjI1 \| \| 12/04/2024 \| 14:11:54 \| 423 \| 34.455 \| XAMS \| x8K8wR3qgzk \| \| 12/04/2024 \| 14:11:47 \| 503 \| 34.455 \| XAMS \| x8K8wR3qgx9 \| \| 12/04/2024 \| 14:11:47 \| 9 \| 34.455 \| XAMS \| x8K8wR3qgxB \| \| 12/04/2024 \| 14:11:34 \| 570 \| 34.455 \| XAMS \| x8K8wR3qg0p \| \| 12/04/2024 \| 14:10:46 \| 27 \| 34.435 \| XAMS \| x8K8wR3qhCp \| \| 12/04/2024 \| 14:10:11 \| 489 \| 34.435 \| XAMS \| x8K8wR3qhp@ \| \| 12/04/2024 \| 14:09:16 \| 498 \| 34.450 \| XAMS \| x8K8wR3qhR7 \| \| 12/04/2024 \| 14:08:51 \| 493 \| 34.450 \| XAMS \| x8K8wR3qegj \| \| 12/04/2024 \| 14:08:51 \| 4 \| 34.450 \| XAMS \| x8K8wR3qegl \| \| 12/04/2024 \| 14:08:19 \| 317 \| 34.450 \| XAMS \| x8K8wR3qe2s \| \| 12/04/2024 \| 14:08:19 \| 180 \| 34.450 \| XAMS \| x8K8wR3qe2u \| \| 12/04/2024 \| 14:07:30 \| 264 \| 34.425 \| XAMS \| x8K8wR3qfja \| \| 12/04/2024 \| 14:07:30 \| 234 \| 34.425 \| XAMS \| x8K8wR3qfic \| \| 12/04/2024 \| 14:06:47 \| 494 \| 34.420 \| XAMS \| x8K8wR3qf0o \| \| 12/04/2024 \| 14:06:41 \| 802 \| 34.425 \| XAMS \| x8K8wR3qfCo \| \| 12/04/2024 \| 14:05:14 \| 669 \| 34.445 \| XAMS \| x8K8wR3qM88 \| \| 12/04/2024 \| 14:05:09 \| 644 \| 34.450 \| XAMS \| x8K8wR3qMLQ \| \| 12/04/2024 \| 14:04:53 \| 10 \| 34.450 \| XAMS \| x8K8wR3qNae \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 14:04:53 \| 884 \| 34.450 \| XAMS \| x8K8wR3qNam \| \| 12/04/2024 \| 14:03:30 \| 133 \| 34.435 \| XAMS \| x8K8wR3qKbS \| \| 12/04/2024 \| 14:03:29 \| 250 \| 34.435 \| XAMS \| x8K8wR3qKa@ \| \| 12/04/2024 \| 14:02:23 \| 49 \| 34.435 \| XAMS \| x8K8wR3qKBX \| \| 12/04/2024 \| 14:02:23 \| 264 \| 34.435 \| XAMS \| x8K8wR3qKBZ \| \| 12/04/2024 \| 14:02:23 \| 224 \| 34.435 \| XAMS \| x8K8wR3qKBb \| \| 12/04/2024 \| 14:02:23 \| 605 \| 34.435 \| XAMS \| x8K8wR3qKBe \| \| 12/04/2024 \| 14:01:28 \| 743 \| 34.415 \| XAMS \| x8K8wR3qLpw \| \| 12/04/2024 \| 14:00:46 \| 466 \| 34.425 \| XAMS \| x8K8wR3qIaG \| \| 12/04/2024 \| 14:00:14 \| 599 \| 34.425 \| XAMS \| x8K8wR3qI50 \| \| 12/04/2024 \| 13:59:30 \| 524 \| 34.430 \| XAMS \| x8K8wR3qJYr \| \| 12/04/2024 \| 13:58:49 \| 466 \| 34.425 \| XAMS \| x8K8wR3qJ3x \| \| 12/04/2024 \| 13:58:13 \| 494 \| 34.435 \| XAMS \| x8K8wR3qGd4 \| \| 12/04/2024 \| 13:57:34 \| 472 \| 34.440 \| XAMS \| x8K8wR3qG01 \| \| 12/04/2024 \| 13:57:34 \| 11 \| 34.440 \| XAMS \| x8K8wR3qG03 \| \| 12/04/2024 \| 13:57:34 \| 12 \| 34.440 \| XAMS \| x8K8wR3qG05 \| \| 12/04/2024 \| 13:56:57 \| 493 \| 34.445 \| XAMS \| x8K8wR3qHXp \| \| 12/04/2024 \| 13:56:34 \| 453 \| 34.455 \| XAMS \| x8K8wR3qHxu \| \| 12/04/2024 \| 13:56:34 \| 157 \| 34.455 \| XAMS \| x8K8wR3qHxw \| \| 12/04/2024 \| 13:56:34 \| 157 \| 34.455 \| XAMS \| x8K8wR3qHxy \| \| 12/04/2024 \| 13:55:35 \| 330 \| 34.455 \| XAMS \| x8K8wR3qUrb \| \| 12/04/2024 \| 13:55:35 \| 151 \| 34.455 \| XAMS \| x8K8wR3qUrg \| \| 12/04/2024 \| 13:55:29 \| 237 \| 34.445 \| XAMS \| x8K8wR3qUmt \| \| 12/04/2024 \| 13:54:32 \| 515 \| 34.450 \| XAMS \| x8K8wR3qVjl \| \| 12/04/2024 \| 13:54:12 \| 72 \| 34.455 \| XAMS \| x8K8wR3qVzQ \| \| 12/04/2024 \| 13:54:12 \| 500 \| 34.455 \| XAMS \| x8K8wR3qVzS \| \| 12/04/2024 \| 13:53:27 \| 405 \| 34.460 \| XAMS \| x8K8wR3qVSi \| \| 12/04/2024 \| 13:53:19 \| 55 \| 34.455 \| XAMS \| x8K8wR3qVO2 \| \| 12/04/2024 \| 13:52:55 \| 517 \| 34.460 \| XAMS \| x8K8wR3qSrp \| \| 12/04/2024 \| 13:52:06 \| 516 \| 34.470 \| XAMS \| x8K8wR3qSNM \| \| 12/04/2024 \| 13:51:42 \| 515 \| 34.475 \| XAMS \| x8K8wR3qTcR \| \| 12/04/2024 \| 13:50:44 \| 696 \| 34.475 \| XAMS \| x8K8wR3qTBL \| \| 12/04/2024 \| 13:50:03 \| 526 \| 34.490 \| XAMS \| x8K8wR3qQh6 \| \| 12/04/2024 \| 13:49:54 \| 350 \| 34.485 \| XAMS \| x8K8wR3qQm7 \| \| 12/04/2024 \| 13:49:17 \| 734 \| 34.485 \| XAMS \| x8K8wR3qQDg \| \| 12/04/2024 \| 13:48:03 \| 122 \| 34.500 \| XAMS \| x8K8wR3qRpP \| \| 12/04/2024 \| 13:48:03 \| 256 \| 34.500 \| XAMS \| x8K8wR3qRpR \| \| 12/04/2024 \| 13:48:03 \| 151 \| 34.500 \| XAMS \| x8K8wR3qRoX \| \| 12/04/2024 \| 13:48:03 \| 500 \| 34.500 \| XAMS \| x8K8wR3qRob \| \| 12/04/2024 \| 13:47:37 \| 242 \| 34.500 \| XAMS \| x8K8wR3qR3m \| \| 12/04/2024 \| 13:47:21 \| 171 \| 34.495 \| XAMS \| x8K8wR3qRK$ \| \| 12/04/2024 \| 13:46:36 \| 16 \| 34.490 \| XAMS \| x8K8wR3qOgH \| \| 12/04/2024 \| 13:46:36 \| 527 \| 34.490 \| XAMS \| x8K8wR3qOgJ \| \| 12/04/2024 \| 13:46:03 \| 544 \| 34.495 \| XAMS \| x8K8wR3qO1W \| \| 12/04/2024 \| 13:45:21 \| 543 \| 34.505 \| XAMS \| x8K8wR3qPZv \| \| 12/04/2024 \| 13:44:42 \| 534 \| 34.480 \| XAMS \| x8K8wR3qP9N \| \| 12/04/2024 \| 13:44:10 \| 529 \| 34.480 \| XAMS \| x8K8wR3q6WI \| \| 12/04/2024 \| 13:43:35 \| 528 \| 34.475 \| XAMS \| x8K8wR3q63e \| \| Date \| Time \| Value \| Price \| Status \| ID \| \|------------\|----------\|-------\|--------\|--------\|-------------\| \| 12/04/2024 \| 13:42:47 \| 748 \| 34.495 \| XAMS \| x8K8wR3q7qb \| \| 12/04/2024 \| 13:42:33 \| 285 \| 34.485 \| XAMS \| x8K8wR3q7zN \| \| 12/04/2024 \| 13:42:29 \| 576 \| 34.490 \| XAMS \| x8K8wR3q7ub \| \| 12/04/2024 \| 13:42:29 \| 9 \| 34.490 \| XAMS \| x8K8wR3q7ud \| \| 12/04/2024 \| 13:40:59 \| 500 \| 34.485 \| XAMS \| x8K8wR3q4@A \| \| 12/04/2024 \| 13:40:23 \| 529 \| 34.495 \| XAMS \| x8K8wR3q4M0 \| \| 12/04/2024 \| 13:39:53 \| 487 \| 34.495 \| XAMS \| x8K8wR3q5ZB \| \| 12/04/2024 \| 13:39:03 \| 463 \| 34.500 \| XAMS \| x8K8wR3q5Es \| \| 12/04/2024 \| 13:38:30 \| 461 \| 34.505 \| XAMS \| x8K8wR3q2ca \| \| 12/04/2024 \| 13:38:12 \| 462 \| 34.510 \| XAMS \| x8K8wR3q2rW \| \| 12/04/2024 \| 13:37:18 \| 462 \| 34.500 \| XAMS \| x8K8wR3q2SR \| \| 12/04/2024 \| 13:37:02 \| 673 \| 34.490 \| XAMS \| x8K8wR3q3ZK \| \| 12/04/2024 \| 13:35:39 \| 638 \| 34.460 \| XAMS \| x8K8wR3q0rf \| \| 12/04/2024 \| 13:35:39 \| 560 \| 34.460 \| XAMS \| x8K8wR3q0rz \| \| 12/04/2024 \| 13:34:15 \| 6 \| 34.455 \| XAMS \| x8K8wR3q1eG \| \| 12/04/2024 \| 13:34:15 \| 500 \| 34.455 \| XAMS \| x8K8wR3q1el \| \| 12/04/2024 \| 13:33:30 \| 506 \| 34.445 \| XAMS \| x8K8wR3q1Uv \| \| 12/04/2024 \| 13:32:57 \| 504 \| 34.450 \| XAMS \| x8K8wR3qEoO \| \| 12/04/2024 \| 13:32:15 \| 793 \| 34.450 \| XAMS \| x8K8wR3qEMR \| \| 12/04/2024 \| 13:31:46 \| 524 \| 34.440 \| XAMS \| x8K8wR3qFj2 \| \| 12/04/2024 \| 13:30:40 \| 707 \| 34.455 \| XAMS \| x8K8wR3qCi6 \| \| 12/04/2024 \| 13:30:37 \| 726 \| 34.455 \| XAMS \| x8K8wR3qChv \| \| 12/04/2024 \| 13:29:03 \| 594 \| 34.460 \| XAMS \| x8K8wR3qDnJ \| \| 12/04/2024 \| 13:28:43 \| 198 \| 34.465 \| XAMS \| x8K8wR3qDw5 \| \| 12/04/2024 \| 13:28:43 \| 485 \| 34.465 \| XAMS \| x8K8wR3qDw7 \| \| 12/04/2024 \| 13:26:46 \| 664 \| 34.450 \| XAMS \| x8K8wR3qAEH \| \| 12/04/2024 \| 13:26:46 \| 60 \| 34.450 \| XAMS \| x8K8wR3qAEF \| \| 12/04/2024 \| 13:25:36 \| 445 \| 34.440 \| XAMS \| x8K8wR3qBon \| \| 12/04/2024 \| 13:25:32 \| 72 \| 34.445 \| XAMS \| x8K8wR3qB$o \| \| 12/04/2024 \| 13:25:32 \| 500 \| 34.445 \| XAMS \| x8K8wR3qB$q \| \| 12/04/2024 \| 13:25:12 \| 240 \| 34.445 \| XAMS \| x8K8wR3qB0e \| \| 12/04/2024 \| 13:23:49 \| 422 \| 34.450 \| XAMS \| x8K8wR3q8xu \| \| 12/04/2024 \| 13:23:13 \| 422 \| 34.455 \| XAMS \| x8K8wR3q8Hp \| \| 12/04/2024 \| 13:22:43 \| 423 \| 34.455 \| XAMS \| x8K8wR3q9it \| \| 12/04/2024 \| 13:22:11 \| 420 \| 34.455 \| XAMS \| x8K8wR3q97m \| \| 12/04/2024 \| 13:21:09 \| 758 \| 34.445 \| XAMS \| x8K8wR3rsrgi \| \| 12/04/2024 \| 13:20:02 \| 618 \| 34.450 \| XAMS \| x8K8wR3rsQJ \| \| 12/04/2024 \| 13:20:01 \| 266 \| 34.455 \| XAMS \| x8K8wR3rsQQ \| \| 12/04/2024 \| 13:20:01 \| 500 \| 34.455 \| XAMS \| x8K8wR3rsQS \| \| 12/04/2024 \| 13:18:53 \| 318 \| 34.445 \| XAMS \| x8K8wR3rtMJ \| \| 12/04/2024 \| 13:17:59 \| 128 \| 34.440 \| XAMS \| x8K8wR3rgyn \| \| 12/04/2024 \| 13:17:57 \| 766 \| 34.445 \| XAMS \| x8K8wR3rq$i \| \| 12/04/2024 \| 13:16:25 \| 645 \| 34.440 \| XAMS \| x8K8wR3rrfS \| \| 12/04/2024 \| 13:16:21 \| 763 \| 34.440 \| XAMS \| x8K8wR3rrhC \| \| 12/04/2024 \| 13:14:23 \| 433 \| 34.415 \| XAMS \| x8K8wR3rouS \| \| 12/04/2024 \| 13:14:23 \| 601 \| 34.415 \| XAMS \| x8K8wR3roxZ \| \| 12/04/2024 \| 13:12:42 \| 178 \| 34.405 \| XAMS \| x8K8wR3rp$a \| \| 12/04/2024 \| 13:12:42 \| 500 \| 34.405 \| XAMS \| x8K8wR3rp$c \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 13:11:45 \| 588 \| 34.405 \| XAMS \| x8K8wR3rmdd \| \| 12/04/2024 \| 13:10:25 \| 451 \| 34.415 \| XAMS \| x8K8wR3rmM3 \| \| 12/04/2024 \| 13:10:12 \| 400 \| 34.420 \| XAMS \| x8K8wR3rmPb \| \| 12/04/2024 \| 13:10:12 \| 118 \| 34.420 \| XAMS \| x8K8wR3rmPZ \| \| 12/04/2024 \| 13:09:48 \| 776 \| 34.425 \| XAMS \| x8K8wR3rng3 \| \| 12/04/2024 \| 13:07:07 \| 363 \| 34.420 \| XAMS \| x8K8wR3r@8h \| \| 12/04/2024 \| 13:06:51 \| 466 \| 34.425 \| XAMS \| x8K8wR3r@SM \| \| 12/04/2024 \| 13:06:50 \| 721 \| 34.425 \| XAMS \| x8K8wR3r@VQ \| \| 12/04/2024 \| 13:05:53 \| 1286 \| 34.420 \| XAMS \| x8K8wR3r$zq \| \| 12/04/2024 \| 13:05:34 \| 500 \| 34.415 \| XAMS \| x8K8wR3r$1f \| \| 12/04/2024 \| 13:04:28 \| 311 \| 34.405 \| XAMS \| x8K8wR3ryi8 \| \| 12/04/2024 \| 13:04:28 \| 497 \| 34.405 \| XAMS \| x8K8wR3ryiF \| \| 12/04/2024 \| 13:04:25 \| 17 \| 34.405 \| XAMS \| x8K8wR3ryl8 \| \| 12/04/2024 \| 13:02:53 \| 2 \| 34.405 \| XAMS \| x8K8wR3rzIf \| \| 12/04/2024 \| 13:02:46 \| 263 \| 34.400 \| XAMS \| x8K8wR3rzh7 \| \| 12/04/2024 \| 13:02:31 \| 576 \| 34.390 \| XAMS \| x8K8wR3rzpX \| \| 12/04/2024 \| 12:59:15 \| 410 \| 34.390 \| XAMS \| x8K8wR3rxtl \| \| 12/04/2024 \| 12:59:15 \| 200 \| 34.390 \| XAMS \| x8K8wR3rxtK \| \| 12/04/2024 \| 12:57:51 \| 609 \| 34.390 \| XAMS \| x8K8wR3ruW$ \| \| 12/04/2024 \| 12:57:03 \| 610 \| 34.380 \| XAMS \| x8K8wR3ruw4 \| \| 12/04/2024 \| 12:55:23 \| 426 \| 34.380 \| XAMS \| x8K8wR3rvpQ \| \| 12/04/2024 \| 12:55:23 \| 200 \| 34.380 \| XAMS \| x8K8wR3rvpS \| \| 12/04/2024 \| 12:54:34 \| 666 \| 34.380 \| XAMS \| x8K8wR3rvRo \| \| 12/04/2024 \| 12:53:04 \| 452 \| 34.385 \| XAMS \| x8K8wR3rc9w \| \| 12/04/2024 \| 12:51:58 \| 602 \| 34.390 \| XAMS \| x8K8wR3rdpu \| \| 12/04/2024 \| 12:51:55 \| 561 \| 34.390 \| XAMS \| x8K8wR3rdpB \| \| 12/04/2024 \| 12:51:01 \| 776 \| 34.385 \| XAMS \| x8K8wR3rdlE \| \| 12/04/2024 \| 12:50:46 \| 14 \| 34.385 \| XAMS \| x8K8wR3rraa1 \| \| 12/04/2024 \| 12:49:18 \| 594 \| 34.375 \| XAMS \| x8K8wR3raJi \| \| 12/04/2024 \| 12:47:36 \| 617 \| 34.375 \| XAMS \| x8K8wR3rbAE \| \| 12/04/2024 \| 12:47:36 \| 192 \| 34.375 \| XAMS \| x8K8wR3rbAG \| \| 12/04/2024 \| 12:46:38 \| 682 \| 34.370 \| XAMS \| x8K8wR3rYrE \| \| 12/04/2024 \| 12:46:07 \| 1175 \| 34.375 \| XAMS \| x8K8wR3rYwY \| \| 12/04/2024 \| 12:42:18 \| 466 \| 34.355 \| XAMS \| x8K8wR3rW2B \| \| 12/04/2024 \| 12:41:30 \| 560 \| 34.360 \| XAMS \| x8K8wR3rXaS \| \| 12/04/2024 \| 12:41:21 \| 241 \| 34.360 \| XAMS \| x8K8wR3rXjQ \| \| 12/04/2024 \| 12:40:13 \| 542 \| 34.365 \| XAMS \| x8K8wR3rX8E \| \| 12/04/2024 \| 12:40:13 \| 136 \| 34.365 \| XAMS \| x8K8wR3rX8G \| \| 12/04/2024 \| 12:39:03 \| 693 \| 34.345 \| XAMS \| x8K8wR3rkqV \| \| 12/04/2024 \| 12:37:25 \| 747 \| 34.335 \| XAMS \| x8K8wR3rlXg \| \| 12/04/2024 \| 12:36:02 \| 292 \| 34.335 \| XAMS \| x8K8wR3rlLw \| \| 12/04/2024 \| 12:36:01 \| 697 \| 34.340 \| XAMS \| x8K8wR3rlKa \| \| 12/04/2024 \| 12:34:32 \| 707 \| 34.340 \| XAMS \| x8K8wR3rl7M \| \| 12/04/2024 \| 12:34:15 \| 186 \| 34.345 \| XAMS \| x8K8wR3riCf \| \| 12/04/2024 \| 12:34:15 \| 380 \| 34.345 \| XAMS \| x8K8wR3riCh \| \| 12/04/2024 \| 12:32:21 \| 751 \| 34.355 \| XAMS \| x8K8wR3rjKh \| \| 12/04/2024 \| 12:31:28 \| 31 \| 34.355 \| XAMS \| x8K8wR3rgeZ \| \| 12/04/2024 \| 12:30:24 \| 373 \| 34.355 \| XAMS \| x8K8wR3rgBt \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 12:30:18 \| 533 \| 34.360 \| XAMS \| x8K8wR3rgNQ \| \| 12/04/2024 \| 12:30:17 \| 412 \| 34.365 \| XAMS \| x8K8wR3rgHx \| \| 12/04/2024 \| 12:29:18 \| 766 \| 34.355 \| XAMS \| x8K8wR3rhne \| \| 12/04/2024 \| 12:27:37 \| 1037 \| 34.335 \| XAMS \| x8K8wR3reiq \| \| 12/04/2024 \| 12:23:54 \| 628 \| 34.310 \| XAMS \| x8K8wR3rMYf \| \| 12/04/2024 \| 12:22:53 \| 649 \| 34.310 \| XAMS \| x8K8wR3rM0Y \| \| 12/04/2024 \| 12:21:42 \| 525 \| 34.295 \| XAMS \| x8K8wR3rNio \| \| 12/04/2024 \| 12:21:08 \| 145 \| 34.295 \| XAMS \| x8K8wR3rNzf \| \| 12/04/2024 \| 12:20:45 \| 45 \| 34.295 \| XAMS \| x8K8wR3rN0t \| \| 12/04/2024 \| 12:20:45 \| 500 \| 34.295 \| XAMS \| x8K8wR3rN0v \| \| 12/04/2024 \| 12:19:02 \| 470 \| 34.290 \| XAMS \| x8K8wR3rK47 \| \| 12/04/2024 \| 12:18:52 \| 661 \| 34.295 \| XAMS \| x8K8wR3rKFS \| \| 12/04/2024 \| 12:16:52 \| 407 \| 34.305 \| XAMS \| x8K8wR3rL9R \| \| 12/04/2024 \| 12:16:35 \| 148 \| 34.305 \| XAMS \| x8K8wR3rLGW \| \| 12/04/2024 \| 12:16:35 \| 397 \| 34.305 \| XAMS \| x8K8wR3rLHU \| \| 12/04/2024 \| 12:16:31 \| 1215 \| 34.310 \| XAMS \| x8K8wR3rLji \| \| 12/04/2024 \| 12:12:27 \| 702 \| 34.300 \| XAMS \| x8K8wR3rJEe \| \| 12/04/2024 \| 12:11:58 \| 75 \| 34.295 \| XAMS \| x8K8wR3rJOP \| \| 12/04/2024 \| 12:10:30 \| 351 \| 34.295 \| XAMS \| x8K8wR3rG0F \| \| 12/04/2024 \| 12:10:17 \| 502 \| 34.300 \| XAMS \| x8K8wR3rGEc \| \| 12/04/2024 \| 12:08:50 \| 281 \| 34.310 \| XAMS \| x8K8wR3rH6a \| \| 12/04/2024 \| 12:08:50 \| 301 \| 34.310 \| XAMS \| x8K8wR3rH6c \| \| 12/04/2024 \| 12:07:37 \| 583 \| 34.320 \| XAMS \| x8K8wR3rUln \| \| 12/04/2024 \| 12:06:14 \| 398 \| 34.335 \| XAMS \| x8K8wR3rUIB \| \| 12/04/2024 \| 12:05:16 \| 519 \| 34.340 \| XAMS \| x8K8wR3rVoc \| \| 12/04/2024 \| 12:05:03 \| 73 \| 34.340 \| XAMS \| x8K8wR3rVwg \| \| 12/04/2024 \| 12:04:53 \| 588 \| 34.340 \| XAMS \| x8K8wR3rV1l \| \| 12/04/2024 \| 12:03:02 \| 266 \| 34.330 \| XAMS \| x8K8wR3rSE8 \| \| 12/04/2024 \| 12:03:02 \| 412 \| 34.330 \| XAMS \| x8K8wR3rSEA \| \| 12/04/2024 \| 12:01:48 \| 502 \| 34.330 \| XAMS \| x8K8wR3rTxw \| \| 12/04/2024 \| 12:01:48 \| 175 \| 34.330 \| XAMS \| x8K8wR3rTx@ \| \| 12/04/2024 \| 12:00:39 \| 31 \| 34.330 \| XAMS \| x8K8wR3rQc5 \| \| 12/04/2024 \| 12:00:39 \| 445 \| 34.330 \| XAMS \| x8K8wR3rQc7 \| \| 12/04/2024 \| 11:59:40 \| 57 \| 34.330 \| XAMS \| x8K8wR3rQFf \| \| 12/04/2024 \| 11:59:40 \| 294 \| 34.330 \| XAMS \| x8K8wR3rQFh \| \| 12/04/2024 \| 11:59:29 \| 466 \| 34.330 \| XAMS \| x8K8wR3rQLI \| \| 12/04/2024 \| 11:58:17 \| 629 \| 34.335 \| XAMS \| x8K8wR3rRm2 \| \| 12/04/2024 \| 11:57:04 \| 351 \| 34.345 \| XAMS \| x8K8wR3rOcE \| \| 12/04/2024 \| 11:56:17 \| 466 \| 34.335 \| XAMS \| x8K8wR3rO44 \| \| 12/04/2024 \| 11:55:08 \| 365 \| 34.335 \| XAMS \| x8K8wR3rPXO \| \| 12/04/2024 \| 11:55:02 \| 123 \| 34.330 \| XAMS \| x8K8wR3rPiw \| \| 12/04/2024 \| 11:54:57 \| 521 \| 34.335 \| XAMS \| x8K8wR3rPIE \| \| 12/04/2024 \| 11:53:27 \| 581 \| 34.315 \| XAMS \| x8K8wR3r6JB \| \| 12/04/2024 \| 11:52:09 \| 580 \| 34.320 \| XAMS \| x8K8wR3r6Op \| \| 12/04/2024 \| 11:50:30 \| 769 \| 34.330 \| XAMS \| x8K8wR3r7Vm \| \| 12/04/2024 \| 11:50:17 \| 70 \| 34.330 \| XAMS \| x8K8wR3r4cF \| \| 12/04/2024 \| 11:48:41 \| 530 \| 34.320 \| XAMS \| x8K8wR3r4IT \| \| 12/04/2024 \| 11:47:44 \| 530 \| 34.320 \| XAMS \| x8K8wR3r5oN \| \| Date \| Time \| Value \| Price \| Source \| ID \| \|------------\|----------\|-------\|--------\|--------\|-------------\| \| 12/04/2024 \| 11:46:16 \| 529 \| 34.335 \| XAMS \| x8K8wR3r2JM \| \| 12/04/2024 \| 11:45:03 \| 821 \| 34.345 \| XAMS \| x8K8wR3r2Kf \| \| 12/04/2024 \| 11:43:30 \| 552 \| 34.355 \| XAMS \| x8K8wR3r39k \| \| 12/04/2024 \| 11:42:07 \| 553 \| 34.365 \| XAMS \| x8K8wR3r0oN \| \| 12/04/2024 \| 11:40:43 \| 361 \| 34.380 \| XAMS \| x8K8wR3r1Yx \| \| 12/04/2024 \| 11:40:04 \| 393 \| 34.385 \| XAMS \| x8K8wR3r1$K \| \| 12/04/2024 \| 11:39:00 \| 454 \| 34.400 \| XAMS \| x8K8wR3r1QY \| \| 12/04/2024 \| 11:38:57 \| 519 \| 34.400 \| XAMS \| x8K8wR3rEbD \| \| 12/04/2024 \| 11:36:59 \| 527 \| 34.400 \| XAMS \| x8K8wR3rFXv \| \| 12/04/2024 \| 11:36:06 \| 565 \| 34.400 \| XAMS \| x8K8wR3rFvC \| \| 12/04/2024 \| 11:35:48 \| 727 \| 34.405 \| XAMS \| x8K8wR3rF1w \| \| 12/04/2024 \| 11:33:18 \| 825 \| 34.400 \| XAMS \| x8K8wR3rCIT \| \| 12/04/2024 \| 11:32:39 \| 68 \| 34.405 \| XAMS \| x8K8wR3rDeK \| \| 12/04/2024 \| 11:32:39 \| 576 \| 34.405 \| XAMS \| x8K8wR3rDeM \| \| 12/04/2024 \| 11:32:30 \| 9 \| 34.405 \| XAMS \| x8K8wR3rDsY \| \| 12/04/2024 \| 11:30:50 \| 123 \| 34.400 \| XAMS \| x8K8wR3rAjQ \| \| 12/04/2024 \| 11:30:50 \| 343 \| 34.400 \| XAMS \| x8K8wR3rAjS \| \| 12/04/2024 \| 11:29:53 \| 131 \| 34.400 \| XAMS \| x8K8wR3rA2@ \| \| 12/04/2024 \| 11:29:53 \| 576 \| 34.400 \| XAMS \| x8K8wR3rA20 \| \| 12/04/2024 \| 11:28:03 \| 514 \| 34.410 \| XAMS \| x8K8wR3rB4c \| \| 12/04/2024 \| 11:27:55 \| 63 \| 34.410 \| XAMS \| x8K8wR3rB3l \| \| 12/04/2024 \| 11:26:36 \| 20 \| 34.420 \| XAMS \| x8K8wR3r8mu \| \| 12/04/2024 \| 11:26:36 \| 12 \| 34.420 \| XAMS \| x8K8wR3r8mw \| \| 12/04/2024 \| 11:26:36 \| 235 \| 34.420 \| XAMS \| x8K8wR3r8my \| \| 12/04/2024 \| 11:26:36 \| 217 \| 34.420 \| XAMS \| x8K8wR3r8m@ \| \| 12/04/2024 \| 11:26:36 \| 587 \| 34.420 \| XAMS \| x8K8wR3r8mD \| \| 12/04/2024 \| 11:25:55 \| 1038 \| 34.420 \| XAMS \| x8K8wR3r8CB \| \| 12/04/2024 \| 11:22:26 \| 616 \| 34.420 \| XAMS \| x8K8wR3ss6A \| \| 12/04/2024 \| 11:20:57 \| 731 \| 34.430 \| XAMS \| x8K8wR3stwF \| \| 12/04/2024 \| 11:20:03 \| 466 \| 34.430 \| XAMS \| x8K8wR3stOO \| \| 12/04/2024 \| 11:20:00 \| 219 \| 34.430 \| XAMS \| x8K8wR3sqb7 \| \| 12/04/2024 \| 11:20:00 \| 10 \| 34.430 \| XAMS \| x8K8wR3sqb9 \| \| 12/04/2024 \| 11:20:00 \| 2 \| 34.430 \| XAMS \| x8K8wR3sqBB \| \| 12/04/2024 \| 11:18:04 \| 798 \| 34.415 \| XAMS \| x8K8wR3sre7 \| \| 12/04/2024 \| 11:16:29 \| 161 \| 34.410 \| XAMS \| x8K8wR3soaC \| \| 12/04/2024 \| 11:16:29 \| 301 \| 34.410 \| XAMS \| x8K8wR3soaE \| \| 12/04/2024 \| 11:15:00 \| 321 \| 34.415 \| XAMS \| x8K8wR3soQx \| \| 12/04/2024 \| 11:15:00 \| 156 \| 34.415 \| XAMS \| x8K8wR3soQz \| \| 12/04/2024 \| 11:14:52 \| 589 \| 34.420 \| XAMS \| x8K8wR3spXy \| \| 12/04/2024 \| 11:13:57 \| 215 \| 34.425 \| XAMS \| x8K8wR3sp2F \| \| 12/04/2024 \| 11:13:57 \| 323 \| 34.425 \| XAMS \| x8K8wR3sp2H \| \| 12/04/2024 \| 11:13:09 \| 843 \| 34.430 \| XAMS \| x8K8wR3smWx \| \| 12/04/2024 \| 11:11:19 \| 411 \| 34.435 \| XAMS \| x8K8wR3smQ$ \| \| 12/04/2024 \| 11:11:19 \| 181 \| 34.435 \| XAMS \| x8K8wR3smQ1 \| \| 12/04/2024 \| 11:11:02 \| 57 \| 34.435 \| XAMS \| x8K8wR3snkO \| \| 12/04/2024 \| 11:10:07 \| 643 \| 34.430 \| XAMS \| x8K8wR3sn9t \| \| 12/04/2024 \| 11:09:20 \| 594 \| 34.425 \| XAMS \| x8K8wR3s@XQ \| \| 12/04/2024 \| 11:08:01 \| 422 \| 34.425 \| XAMS \| x8K8wR3s@UG \| \| Date \| Time \| Value \| Value2 \| Value3 \| Value4 \| \|------------\|----------\|-------\|--------\|----------\|-----------------\| \| 12/04/2024 \| 11:08:01 \| 722 \| 34.425 \| XAMS \| x8K8wR3s@UN \| \| 12/04/2024 \| 11:06:34 \| 294 \| 34.425 \| XAMS \| x8K8wR3s$Cz \| \| 12/04/2024 \| 11:06:29 \| 756 \| 34.430 \| XAMS \| x8K8wR3s$8G \| \| 12/04/2024 \| 11:05:19 \| 650 \| 34.405 \| XAMS \| x8K8wR3syvS \| \| 12/04/2024 \| 11:05:09 \| 1220 \| 34.405 \| XAMS \| x8K8wR3sy1P \| \| 12/04/2024 \| 11:05:02 \| 70 \| 34.405 \| XAMS \| x8K8wR3syEO \| \| 12/04/2024 \| 11:01:32 \| 553 \| 34.380 \| XAMS \| x8K8wR3sw5k \| \| 12/04/2024 \| 11:00:46 \| 553 \| 34.380 \| XAMS \| x8K8wR3swJ8 \| \| 12/04/2024 \| 11:00:00 \| 379 \| 34.395 \| XAMS \| x8K8wR3sx1Y \| \| 12/04/2024 \| 10:59:20 \| 600 \| 34.395 \| XAMS \| x8K8wR3subX \| \| 12/04/2024 \| 10:59:14 \| 133 \| 34.400 \| XAMS \| x8K8wR3suXI \| \| 12/04/2024 \| 10:59:14 \| 495 \| 34.400 \| XAMS \| x8K8wR3suXn \| \| 12/04/2024 \| 10:57:22 \| 567 \| 34.410 \| XAMS \| x8K8wR3suQC \| \| 12/04/2024 \| 10:56:44 \| 500 \| 34.410 \| XAMS \| x8K8wR3svma \| \| 12/04/2024 \| 10:56:00 \| 448 \| 34.415 \| XAMS \| x8K8wR3svMb \| \| 12/04/2024 \| 10:55:02 \| 486 \| 34.420 \| XAMS \| x8K8wR3scT4 \| \| 12/04/2024 \| 10:55:02 \| 303 \| 34.420 \| XAMS \| x8K8wR3scT6 \| \| 12/04/2024 \| 10:54:57 \| 1012 \| 34.425 \| XAMS \| x8K8wR3scm8 \| \| 12/04/2024 \| 10:53:52 \| 488 \| 34.420 \| XAMS \| x8K8wR3sddl \| \| 12/04/2024 \| 10:53:52 \| 258 \| 34.420 \| XAMS \| x8K8wR3sddK \| \| 12/04/2024 \| 10:51:55 \| 477 \| 34.415 \| XAMS \| x8K8wR3saYA \| \| 12/04/2024 \| 10:51:27 \| 54 \| 34.410 \| XAMS \| x8K8wR3satr \| \| 12/04/2024 \| 10:51:27 \| 469 \| 34.410 \| XAMS \| x8K8wR3satt \| \| 12/04/2024 \| 10:51:18 \| 216 \| 34.410 \| XAMS \| x8K8wR3sazR \| \| 12/04/2024 \| 10:49:52 \| 608 \| 34.375 \| XAMS \| x8K8wR3sbq7 \| \| 12/04/2024 \| 10:49:08 \| 241 \| 34.380 \| XAMS \| x8K8wR3sbFX \| \| 12/04/2024 \| 10:49:08 \| 500 \| 34.380 \| XAMS \| x8K8wR3sbFZ \| \| 12/04/2024 \| 10:48:00 \| 450 \| 34.375 \| XAMS \| x8K8wR3sYhH \| \| 12/04/2024 \| 10:47:58 \| 447 \| 34.385 \| XAMS \| x8K8wR3sYro \| \| 12/04/2024 \| 10:47:08 \| 547 \| 34.380 \| XAMS \| x8K8wR3sYFy \| \| 12/04/2024 \| 10:46:42 \| 577 \| 34.380 \| XAMS \| x8K8wR3sYRJ \| \| 12/04/2024 \| 10:46:13 \| 547 \| 34.385 \| XAMS \| x8K8wR3sZhf \| \| 12/04/2024 \| 10:44:33 \| 762 \| 34.390 \| XAMS \| x8K8wR3sWfy \| \| 12/04/2024 \| 10:44:20 \| 60 \| 34.390 \| XAMS \| x8K8wR3sWng \| \| 12/04/2024 \| 10:43:35 \| 571 \| 34.390 \| XAMS \| x8K8wR3sWAL \| \| 12/04/2024 \| 10:43:00 \| 361 \| 34.385 \| XAMS \| x8K8wR3sXin \| \| 12/04/2024 \| 10:42:06 \| 401 \| 34.380 \| XAMS \| x8K8wR3sX63 \| \| 12/04/2024 \| 10:41:48 \| 278 \| 34.380 \| XAMS \| x8K8wR3sXKI \| \| 12/04/2024 \| 10:40:52 \| 570 \| 34.410 \| XAMS \| x8K8wR3skzP \| \| 12/04/2024 \| 10:40:48 \| 670 \| 34.415 \| XAMS \| x8K8wR3sk@U \| \| 12/04/2024 \| 10:39:21 \| 817 \| 34.410 \| XAMS \| x8K8wR3slhz \| \| 12/04/2024 \| 10:38:17 \| 80 \| 34.405 \| XAMS \| x8K8wR3sllq \| \| 12/04/2024 \| 10:38:17 \| 386 \| 34.405 \| XAMS \| x8K8wR3slls \| \| 12/04/2024 \| 10:37:06 \| 407 \| 34.405 \| XAMS \| x8K8wR3si4b \| \| 12/04/2024 \| 10:37:05 \| 564 \| 34.410 \| XAMS \| x8K8wR3si4p \| \| 12/04/2024 \| 10:35:48 \| 562 \| 34.415 \| XAMS \| x8K8wR3sjg1 \| \| 12/04/2024 \| 10:35:02 \| 723 \| 34.410 \| XAMS \| x8K8wR3sjB@ \| \| 12/04/2024 \| 10:33:52 \| 11 \| 34.415 \| XAMS \| x8K8wR3sg$f \| \| Date \| Time \| Value \| Price \| Source \| Code \| \|------------\|----------\|-------\|--------\|----------\|---------------\| \| 12/04/2024 \| 10:33:52 \| 650 \| 34.415 \| XAMS \| x8K8wR3sg$h \| \| 12/04/2024 \| 10:33:52 \| 599 \| 34.415 \| XAMS \| x8K8wR3sg$k \| \| 12/04/2024 \| 10:33:39 \| 764 \| 34.420 \| XAMS \| x8K8wR3sg52 \| \| 12/04/2024 \| 10:31:22 \| 574 \| 34.385 \| XAMS \| x8K8wR3shJ2 \| \| 12/04/2024 \| 10:31:22 \| 676 \| 34.390 \| XAMS \| x8K8wR3shJA \| \| 12/04/2024 \| 10:30:15 \| 398 \| 34.390 \| XAMS \| x8K8wR3sexb \| \| 12/04/2024 \| 10:29:40 \| 651 \| 34.390 \| XAMS \| x8K8wR3seTF \| \| 12/04/2024 \| 10:29:20 \| 533 \| 34.385 \| XAMS \| x8K8wR3sfWZ \| \| 12/04/2024 \| 10:27:53 \| 457 \| 34.395 \| XAMS \| x8K8wR3sft2 \| \| 12/04/2024 \| 10:27:53 \| 681 \| 34.395 \| XAMS \| x8K8wR3sftD \| \| 12/04/2024 \| 10:26:32 \| 681 \| 34.385 \| XAMS \| x8K8wR3sM6F \| \| 12/04/2024 \| 10:25:50 \| 681 \| 34.395 \| XAMS \| x8K8wR3sNau \| \| 12/04/2024 \| 10:25:06 \| 624 \| 34.390 \| XAMS \| x8K8wR3sN@@ \| \| 12/04/2024 \| 10:24:14 \| 566 \| 34.395 \| XAMS \| x8K8wR3sNTC \| \| 12/04/2024 \| 10:23:10 \| 139 \| 34.395 \| XAMS \| x8K8wR3sK@K \| \| 12/04/2024 \| 10:23:10 \| 192 \| 34.395 \| XAMS \| x8K8wR3sK@M \| \| 12/04/2024 \| 10:23:10 \| 235 \| 34.395 \| XAMS \| x8K8wR3sK@O \| \| 12/04/2024 \| 10:22:35 \| 607 \| 34.390 \| XAMS \| x8K8wR3sKHh \| \| 12/04/2024 \| 10:21:29 \| 726 \| 34.380 \| XAMS \| x8K8wR3sLvL \| \| 12/04/2024 \| 10:21:26 \| 48 \| 34.380 \| XAMS \| x8K8wR3sL5m \| \| 12/04/2024 \| 10:21:06 \| 263 \| 34.375 \| XAMS \| x8K8wR3sLEl \| \| 12/04/2024 \| 10:19:58 \| 453 \| 34.380 \| XAMS \| x8K8wR3sI@p \| \| 12/04/2024 \| 10:19:58 \| 30 \| 34.380 \| XAMS \| x8K8wR3sI@r \| \| 12/04/2024 \| 10:19:54 \| 609 \| 34.380 \| XAMS \| x8K8wR3sIvz \| \| 12/04/2024 \| 10:19:44 \| 464 \| 34.380 \| XAMS \| x8K8wR3sI7j \| \| 12/04/2024 \| 10:18:08 \| 425 \| 34.360 \| XAMS \| x8K8wR3sJuL \| \| 12/04/2024 \| 10:17:52 \| 665 \| 34.350 \| XAMS \| x8K8wR3sJC8 \| \| 12/04/2024 \| 10:16:54 \| 650 \| 34.345 \| XAMS \| x8K8wR3sGeC \| \| 12/04/2024 \| 10:16:00 \| 657 \| 34.330 \| XAMS \| x8K8wR3sGER \| \| 12/04/2024 \| 10:15:06 \| 652 \| 34.325 \| XAMS \| x8K8wR3sHf4 \| \| 12/04/2024 \| 10:14:00 \| 650 \| 34.345 \| XAMS \| x8K8wR3sHHQ \| \| 12/04/2024 \| 10:13:15 \| 39 \| 34.365 \| XAMS \| x8K8wR3sUgb \| \| 12/04/2024 \| 10:13:15 \| 500 \| 34.365 \| XAMS \| x8K8wR3sUgd \| \| 12/04/2024 \| 10:13:09 \| 746 \| 34.365 \| XAMS \| x8K8wR3sUt@ \| \| 12/04/2024 \| 10:12:26 \| 1 \| 34.360 \| XAMS \| x8K8wR3sUD8 \| \| 12/04/2024 \| 10:11:45 \| 546 \| 34.370 \| XAMS \| x8K8wR3sVas \| \| 12/04/2024 \| 10:11:07 \| 467 \| 34.380 \| XAMS \| x8K8wR3sVnP \| \| 12/04/2024 \| 10:10:47 \| 405 \| 34.385 \| XAMS \| x8K8wR3sVxQ \| \| 12/04/2024 \| 10:10:47 \| 123 \| 34.385 \| XAMS \| x8K8wR3sVxS \| \| 12/04/2024 \| 10:09:43 \| 485 \| 34.370 \| XAMS \| x8K8wR3sVQI \| \| 12/04/2024 \| 10:09:30 \| 697 \| 34.370 \| XAMS \| x8K8wR3sSY@ \| \| 12/04/2024 \| 10:09:30 \| 50 \| 34.370 \| XAMS \| x8K8wR3sSY6 \| \| 12/04/2024 \| 10:09:30 \| 115 \| 34.370 \| XAMS \| x8K8wR3sSY8 \| \| 12/04/2024 \| 10:07:47 \| 364 \| 34.330 \| XAMS \| x8K8wR3sTI0 \| \| 12/04/2024 \| 10:07:47 \| 656 \| 34.330 \| XAMS \| x8K8wR3sTke \| \| 12/04/2024 \| 10:06:38 \| 655 \| 34.315 \| XAMS \| x8K8wR3sTGw \| \| 12/04/2024 \| 10:05:44 \| 656 \| 34.315 \| XAMS \| x8K8wR3sQqM \| \| 12/04/2024 \| 10:04:53 \| 117 \| 34.325 \| XAMS \| x8K8wR3sQF7 \| \| Date \| Time \| Value \| Price \| Source \| ID \| \|------------\|----------\|-------\|--------\|----------\|-------------\| \| 12/04/2024 \| 10:04:53 \| 576 \| 34.325 \| XAMS \| x8K8wR3sQF9 \| \| 12/04/2024 \| 10:04:08 \| 353 \| 34.325 \| XAMS \| x8K8wR3sRaL \| \| 12/04/2024 \| 10:03:35 \| 376 \| 34.325 \| XAMS \| x8K8wR3sRmC \| \| 12/04/2024 \| 10:03:35 \| 230 \| 34.325 \| XAMS \| x8K8wR3sRmO \| \| 12/04/2024 \| 10:03:35 \| 500 \| 34.325 \| XAMS \| x8K8wR3sRmQ \| \| 12/04/2024 \| 10:02:24 \| 418 \| 34.315 \| XAMS \| x8K8wR3sRqQ \| \| 12/04/2024 \| 10:02:03 \| 206 \| 34.315 \| XAMS \| x8K8wR3sOl0 \| \| 12/04/2024 \| 10:02:03 \| 547 \| 34.315 \| XAMS \| x8K8wR3sOl2 \| \| 12/04/2024 \| 10:01:50 \| 634 \| 34.315 \| XAMS \| x8K8wR3sOsl \| \| 12/04/2024 \| 10:00:16 \| 131 \| 34.290 \| XAMS \| x8K8wR3sPji \| \| 12/04/2024 \| 10:00:16 \| 252 \| 34.290 \| XAMS \| x8K8wR3sPjk \| \| 12/04/2024 \| 10:00:15 \| 654 \| 34.290 \| XAMS \| x8K8wR3sPl2 \| \| 12/04/2024 \| 09:59:13 \| 579 \| 34.290 \| XAMS \| x8K8wR3sP8A \| \| 12/04/2024 \| 09:58:21 \| 135 \| 34.275 \| XAMS \| x8K8wR3s6gi \| \| 12/04/2024 \| 09:58:21 \| 444 \| 34.275 \| XAMS \| x8K8wR3s6gk \| \| 12/04/2024 \| 09:58:01 \| 195 \| 34.270 \| XAMS \| x8K8wR3s6xP \| \| 12/04/2024 \| 09:58:01 \| 384 \| 34.270 \| XAMS \| x8K8wR3s6xR \| \| 12/04/2024 \| 09:56:46 \| 579 \| 34.265 \| XAMS \| x8K8wR3s7c9 \| \| 12/04/2024 \| 09:55:55 \| 155 \| 34.270 \| XAMS \| x8K8wR3s75Q \| \| 12/04/2024 \| 09:55:55 \| 269 \| 34.270 \| XAMS \| x8K8wR3s75S \| \| 12/04/2024 \| 09:55:55 \| 155 \| 34.270 \| XAMS \| x8K8wR3s75U \| \| 12/04/2024 \| 09:54:58 \| 647 \| 34.285 \| XAMS \| x8K8wR3s7P$ \| \| 12/04/2024 \| 09:54:58 \| 148 \| 34.285 \| XAMS \| x8K8wR3s7Pz \| \| 12/04/2024 \| 09:54:02 \| 279 \| 34.290 \| XAMS \| x8K8wR3s4za \| \| 12/04/2024 \| 09:54:02 \| 221 \| 34.290 \| XAMS \| x8K8wR3s4zc \| \| 12/04/2024 \| 09:53:09 \| 420 \| 34.280 \| XAMS \| x8K8wR3s4KQ \| \| 12/04/2024 \| 09:53:09 \| 250 \| 34.280 \| XAMS \| x8K8wR3s4KO \| \| 12/04/2024 \| 09:52:28 \| 608 \| 34.285 \| XAMS \| x8K8wR3s5lq \| \| 12/04/2024 \| 09:51:57 \| 612 \| 34.280 \| XAMS \| x8K8wR3s5@V \| \| 12/04/2024 \| 09:51:34 \| 435 \| 34.280 \| XAMS \| x8K8wR3s5D@ \| \| 12/04/2024 \| 09:51:34 \| 200 \| 34.280 \| XAMS \| x8K8wR3s5D0 \| \| 12/04/2024 \| 09:51:34 \| 154 \| 34.280 \| XAMS \| x8K8wR3s5D2 \| \| 12/04/2024 \| 09:49:54 \| 581 \| 34.270 \| XAMS \| x8K8wR3s20$ \| \| 12/04/2024 \| 09:49:30 \| 732 \| 34.265 \| XAMS \| x8K8wR3s2H2 \| \| 12/04/2024 \| 09:49:08 \| 852 \| 34.260 \| XAMS \| x8K8wR3s3cZ \| \| 12/04/2024 \| 09:48:59 \| 68 \| 34.265 \| XAMS \| x8K8wR3s3fT \| \| 12/04/2024 \| 09:48:59 \| 893 \| 34.265 \| XAMS \| x8K8wR3s3fV \| \| 12/04/2024 \| 09:46:25 \| 685 \| 34.205 \| XAMS \| x8K8wR3s1X6 \| \| 12/04/2024 \| 09:46:24 \| 772 \| 34.210 \| XAMS \| x8K8wR3s1WN \| \| 12/04/2024 \| 09:44:57 \| 723 \| 34.195 \| XAMS \| x8K8wR3s1SB \| \| 12/04/2024 \| 09:44:15 \| 674 \| 34.215 \| XAMS \| x8K8wR3sEhl \| \| 12/04/2024 \| 09:43:27 \| 673 \| 34.205 \| XAMS \| x8K8wR3sE8@ \| \| 12/04/2024 \| 09:42:27 \| 113 \| 34.205 \| XAMS \| x8K8wR3sFtr \| \| 12/04/2024 \| 09:42:27 \| 561 \| 34.205 \| XAMS \| x8K8wR3sFtt \| \| 12/04/2024 \| 09:41:35 \| 674 \| 34.220 \| XAMS \| x8K8wR3sFll \| \| 12/04/2024 \| 09:40:56 \| 590 \| 34.240 \| XAMS \| x8K8wR3sCg4 \| \| 12/04/2024 \| 09:40:56 \| 83 \| 34.240 \| XAMS \| x8K8wR3sCg6 \| \| 12/04/2024 \| 09:40:07 \| 696 \| 34.235 \| XAMS \| x8K8wR3sCCx \| \| Date \| Time \| Value \| Value2 \| Code \| Code2 \| \|------------\|----------\|-------\|--------\|--------\|--------\| \| 12/04/2024 \| 09:39:02 \| 412 \| 34.235 \| XAMS \| x8K8wR3sDqe \| \| 12/04/2024 \| 09:38:47 \| 719 \| 34.240 \| XAMS \| x8K8wR3sDyE \| \| 12/04/2024 \| 09:38:30 \| 837 \| 34.245 \| XAMS \| x8K8wR3sD7l \| \| 12/04/2024 \| 09:38:16 \| 686 \| 34.240 \| XAMS \| x8K8wR3sD2l \| \| 12/04/2024 \| 09:38:08 \| 147 \| 34.240 \| XAMS \| x8K8wR3sDEJ \| \| 12/04/2024 \| 09:38:01 \| 60 \| 34.240 \| XAMS \| x8K8wR3sDKD \| \| 12/04/2024 \| 09:35:44 \| 716 \| 34.210 \| XAMS \| x8K8wR3sAPL \| \| 12/04/2024 \| 09:34:59 \| 488 \| 34.220 \| XAMS \| x8K8wR3sB$K \| \| 12/04/2024 \| 09:34:24 \| 302 \| 34.235 \| XAMS \| x8K8wR3sB8B \| \| 12/04/2024 \| 09:34:24 \| 389 \| 34.235 \| XAMS \| x8K8wR3sB8D \| \| 12/04/2024 \| 09:34:16 \| 100 \| 34.235 \| XAMS \| x8K8wR3sBAI \| \| 12/04/2024 \| 09:33:38 \| 567 \| 34.235 \| XAMS \| x8K8wR3s8bR \| \| 12/04/2024 \| 09:33:25 \| 466 \| 34.240 \| XAMS \| x8K8wR3s8Z9 \| \| 12/04/2024 \| 09:32:32 \| 781 \| 34.245 \| XAMS \| x8K8wR3s83@ \| \| 12/04/2024 \| 09:31:31 \| 782 \| 34.240 \| XAMS \| x8K8wR3s9f@ \| \| 12/04/2024 \| 09:30:48 \| 340 \| 34.265 \| XAMS \| x8K8wR3s92n \| \| 12/04/2024 \| 09:30:48 \| 1 \| 34.265 \| XAMS \| x8K8wR3s92p \| \| 12/04/2024 \| 09:30:48 \| 82 \| 34.265 \| XAMS \| x8K8wR3s92r \| \| 12/04/2024 \| 09:30:18 \| 479 \| 34.265 \| XAMS \| x8K8wR3s9lt \| \| 12/04/2024 \| 09:30:12 \| 456 \| 34.270 \| XAMS \| x8K8wR3s9Ua \| \| 12/04/2024 \| 09:30:12 \| 229 \| 34.270 \| XAMS \| x8K8wR3s9Uc \| \| 12/04/2024 \| 09:30:12 \| 1229 \| 34.270 \| XAMS \| x8K8wR3s9Uu \| \| 12/04/2024 \| 09:27:31 \| 658 \| 34.245 \| XAMS \| x8K8wR3tt2m \| \| 12/04/2024 \| 09:26:47 \| 657 \| 34.245 \| XAMS \| x8K8wR3tqc9 \| \| 12/04/2024 \| 09:25:58 \| 603 \| 34.240 \| XAMS \| x8K8wR3tq4C \| \| 12/04/2024 \| 09:25:11 \| 398 \| 34.245 \| XAMS \| x8K8wR3tqPJ \| \| 12/04/2024 \| 09:24:54 \| 640 \| 34.245 \| XAMS \| x8K8wR3trih \| \| 12/04/2024 \| 09:24:23 \| 466 \| 34.240 \| XAMS \| x8K8wR3tryd \| \| 12/04/2024 \| 09:24:23 \| 1092 \| 34.240 \| XAMS \| x8K8wR3tryv \| \| 12/04/2024 \| 09:22:57 \| 618 \| 34.235 \| XAMS \| x8K8wR3togG \| \| 12/04/2024 \| 09:22:00 \| 100 \| 34.220 \| XAMS \| x8K8wR3toIH \| \| 12/04/2024 \| 09:21:45 \| 40 \| 34.225 \| XAMS \| x8K8wR3tpbD \| \| 12/04/2024 \| 09:21:45 \| 576 \| 34.225 \| XAMS \| x8K8wR3tpbF \| \| 12/04/2024 \| 09:21:28 \| 400 \| 34.225 \| XAMS \| x8K8wR3tpiM \| \| 12/04/2024 \| 09:19:53 \| 590 \| 34.230 \| XAMS \| x8K8wR3tmj5 \| \| 12/04/2024 \| 09:19:47 \| 522 \| 34.235 \| XAMS \| x8K8wR3tmeW \| \| 12/04/2024 \| 09:19:47 \| 4 \| 34.235 \| XAMS \| x8K8wR3tmeY \| \| 12/04/2024 \| 09:19:47 \| 3 \| 34.235 \| XAMS \| x8K8wR3tmea \| \| 12/04/2024 \| 09:19:45 \| 7 \| 34.235 \| XAMS \| x8K8wR3tmh2 \| \| 12/04/2024 \| 09:19:32 \| 619 \| 34.230 \| XAMS \| x8K8wR3tmpz \| \| 12/04/2024 \| 09:17:48 \| 90 \| 34.205 \| XAMS \| x8K8wR3tnu5 \| \| 12/04/2024 \| 09:17:48 \| 590 \| 34.205 \| XAMS \| x8K8wR3tnu7 \| \| 12/04/2024 \| 09:17:48 \| 545 \| 34.205 \| XAMS \| x8K8wR3tnuO \| \| 12/04/2024 \| 09:17:27 \| 1148 \| 34.200 \| XAMS \| x8K8wR3tnF0 \| \| 12/04/2024 \| 09:17:26 \| 218 \| 34.205 \| XAMS \| x8K8wR3tnEV \| \| 12/04/2024 \| 09:17:26 \| 221 \| 34.205 \| XAMS \| x8K8wR3tn9Y \| \| 12/04/2024 \| 09:16:22 \| 403 \| 34.200 \| XAMS \| x8K8wR3t@tC \| \| 12/04/2024 \| 09:16:19 \| 300 \| 34.200 \| XAMS \| x8K8wR3t@ng \| \| Date \| Time \| Volume \| Price \| Exchange \| Order ID \| \|------------\|----------\|--------\|--------\|----------\|------------\| \| 12/04/2024 \| 09:16:05 \| 663 \| 34.200 \| XAMS \| x8K8wR3t@xu \| \| 12/04/2024 \| 09:16:00 \| 198 \| 34.200 \| XAMS \| x8K8wR3t@72 \| \| 12/04/2024 \| 09:15:05 \| 539 \| 34.195 \| XAMS \| x8K8wR3t$XK \| \| 12/04/2024 \| 09:14:25 \| 596 \| 34.210 \| XAMS \| x8K8wR3t$x2 \| \| 12/04/2024 \| 09:14:12 \| 466 \| 34.210 \| XAMS \| x8K8wR3t$0z \| \| 12/04/2024 \| 09:13:52 \| 737 \| 34.190 \| XAMS \| x8K8wR3t$GD \| \| 12/04/2024 \| 09:13:44 \| 200 \| 34.190 \| XAMS \| x8K8wR3t$V1 \| \| 12/04/2024 \| 09:13:38 \| 532 \| 34.190 \| XAMS \| x8K8wR3t$RX \| \| 12/04/2024 \| 09:13:38 \| 339 \| 34.190 \| XAMS \| x8K8wR3t$OV \| \| 12/04/2024 \| 09:12:22 \| 739 \| 34.165 \| XAMS \| x8K8wR3t$8f \| \| 12/04/2024 \| 09:10:45 \| 538 \| 34.160 \| XAMS \| x8K8wR3tzKp \| \| 12/04/2024 \| 09:10:45 \| 538 \| 34.165 \| XAMS \| x8K8wR3tzKx \| \| 12/04/2024 \| 09:09:58 \| 581 \| 34.165 \| XAMS \| x8K8wR3twso \| \| 12/04/2024 \| 09:08:59 \| 722 \| 34.170 \| XAMS \| x8K8wR3tx$I \| \| 12/04/2024 \| 09:08:39 \| 168 \| 34.170 \| XAMS \| x8K8wR3txde \| \| 12/04/2024 \| 09:08:33 \| 800 \| 34.165 \| XAMS \| x8K8wR3txW5 \| \| 12/04/2024 \| 09:08:26 \| 765 \| 34.170 \| XAMS \| x8K8wR3txjy \| \| 12/04/2024 \| 09:08:26 \| 143 \| 34.170 \| XAMS \| x8K8wR3txj@ \| \| 12/04/2024 \| 09:08:26 \| 78 \| 34.170 \| XAMS \| x8K8wR3txj0 \| \| 12/04/2024 \| 09:07:43 \| 1255 \| 34.175 \| XAMS \| x8K8wR3tx4y \| \| 12/04/2024 \| 09:06:31 \| 217 \| 34.170 \| XAMS \| x8K8wR3tuhc \| \| 12/04/2024 \| 09:05:16 \| 526 \| 34.170 \| XAMS \| x8K8wR3tvBK \| \| 12/04/2024 \| 09:05:08 \| 945 \| 34.175 \| XAMS \| x8K8wR3tvWF \| \| 12/04/2024 \| 09:04:18 \| 749 \| 34.165 \| XAMS \| x8K8wR3tv1Z \| \| 12/04/2024 \| 09:03:03 \| 393 \| 34.180 \| XAMS \| x8K8wR3tczs \| \| 12/04/2024 \| 09:03:03 \| 583 \| 34.185 \| XAMS \| x8K8wR3tcz@ \| \| 12/04/2024 \| 09:03:03 \| 87 \| 34.180 \| XAMS \| x8K8wR3tczu \| \| 12/04/2024 \| 09:03:03 \| 1 \| 34.185 \| XAMS \| x8K8wR3tczy \| \| 12/04/2024 \| 09:02:28 \| 687 \| 34.180 \| XAMS \| x8K8wR3tcSX \| \| 12/04/2024 \| 09:01:35 \| 412 \| 34.165 \| XAMS \| x8K8wR3td7I \| \| 12/04/2024 \| 09:01:23 \| 70 \| 34.160 \| XAMS \| x8K8wR3tdCo \| \| 12/04/2024 \| 09:01:23 \| 350 \| 34.165 \| XAMS \| x8K8wR3tdCv \| \| 12/04/2024 \| 09:00:43 \| 681 \| 34.170 \| XAMS \| x8K8wR3takS \| \| 12/04/2024 \| 09:00:41 \| 233 \| 34.170 \| XAMS \| x8K8wR3tae7 \| \| 12/04/2024 \| 09:00:41 \| 473 \| 34.170 \| XAMS \| x8K8wR3tae9 \| \| 12/04/2024 \| 09:00:41 \| 368 \| 34.170 \| XAMS \| x8K8wR3tael \| \| 12/04/2024 \| 09:00:41 \| 450 \| 34.170 \| XAMS \| x8K8wR3taeK \| \| 12/04/2024 \| 08:59:04 \| 593 \| 34.155 \| XAMS \| x8K8wR3tbk3 \| \| 12/04/2024 \| 08:58:39 \| 743 \| 34.155 \| XAMS \| x8K8wR3tb@i \| \| 12/04/2024 \| 08:58:35 \| 1074 \| 34.155 \| XAMS \| x8K8wR3tb4Z \| \| 12/04/2024 \| 08:56:21 \| 239 \| 34.115 \| XAMS \| x8K8wR3tYGj \| \| 12/04/2024 \| 08:56:21 \| 111 \| 34.115 \| XAMS \| x8K8wR3tYGl \| \| 12/04/2024 \| 08:55:41 \| 474 \| 34.125 \| XAMS \| x8K8wR3tZeD \| \| 12/04/2024 \| 08:55:41 \| 811 \| 34.130 \| XAMS \| x8K8wR3tZhW \| \| 12/04/2024 \| 08:55:10 \| 972 \| 34.135 \| XAMS \| x8K8wR3tZLd \| \| 12/04/2024 \| 08:55:02 \| 32 \| 34.135 \| XAMS \| x8K8wR3tZHg \| \| 12/04/2024 \| 08:54:01 \| 414 \| 34.135 \| XAMS \| x8K8wR3tWqC \| \| 12/04/2024 \| 08:53:50 \| 500 \| 34.135 \| XAMS \| x8K8wR3tWpl \| \| Date \| Time \| Value \| Value2 \| Value3 \| Value4 \| \|------------\|----------\|-------\|--------\|----------\|----------\| \| 12/04/2024 \| 08:53:39 \| 12 \| 34.135 \| XAMS \| x8K8wR3tW@r \| \| 12/04/2024 \| 08:53:39 \| 10 \| 34.135 \| XAMS \| x8K8wR3tW@t \| \| 12/04/2024 \| 08:52:33 \| 446 \| 34.120 \| XAMS \| x8K8wR3tWJy \| \| 12/04/2024 \| 08:52:11 \| 558 \| 34.120 \| XAMS \| x8K8wR3tWOv \| \| 12/04/2024 \| 08:51:16 \| 548 \| 34.135 \| XAMS \| x8K8wR3tXsq \| \| 12/04/2024 \| 08:51:06 \| 391 \| 34.135 \| XAMS \| x8K8wR3tXzo \| \| 12/04/2024 \| 08:50:30 \| 317 \| 34.130 \| XAMS \| x8K8wR3tXC9 \| \| 12/04/2024 \| 08:50:30 \| 561 \| 34.135 \| XAMS \| x8K8wR3tXCJ \| \| 12/04/2024 \| 08:49:16 \| 260 \| 34.125 \| XAMS \| x8K8wR3tkh3 \| \| 12/04/2024 \| 08:49:16 \| 507 \| 34.125 \| XAMS \| x8K8wR3tkh7 \| \| 12/04/2024 \| 08:48:42 \| 799 \| 34.120 \| XAMS \| x8K8wR3tkvr \| \| 12/04/2024 \| 08:48:30 \| 296 \| 34.125 \| XAMS \| x8K8wR3tk7p \| \| 12/04/2024 \| 08:48:30 \| 358 \| 34.125 \| XAMS \| x8K8wR3tk7r \| \| 12/04/2024 \| 08:47:13 \| 524 \| 34.115 \| XAMS \| x8K8wR3tlhl \| \| 12/04/2024 \| 08:47:07 \| 549 \| 34.120 \| XAMS \| x8K8wR3tlq@ \| \| 12/04/2024 \| 08:47:06 \| 589 \| 34.120 \| XAMS \| x8K8wR3tlqE \| \| 12/04/2024 \| 08:46:37 \| 466 \| 34.125 \| XAMS \| x8K8wR3tl4B \| \| 12/04/2024 \| 08:45:28 \| 564 \| 34.125 \| XAMS \| x8K8wR3ticB \| \| 12/04/2024 \| 08:45:19 \| 588 \| 34.125 \| XAMS \| x8K8wR3tijO \| \| 12/04/2024 \| 08:44:43 \| 622 \| 34.110 \| XAMS \| x8K8wR3ti@U \| \| 12/04/2024 \| 08:44:18 \| 831 \| 34.115 \| XAMS \| x8K8wR3ti2y \| \| 12/04/2024 \| 08:43:56 \| 511 \| 34.105 \| XAMS \| x8K8wR3tiH1 \| \| 12/04/2024 \| 08:42:28 \| 295 \| 34.090 \| XAMS \| x8K8wR3tjFf \| \| 12/04/2024 \| 08:42:28 \| 320 \| 34.090 \| XAMS \| x8K8wR3tjFh \| \| 12/04/2024 \| 08:42:28 \| 5 \| 34.090 \| XAMS \| x8K8wR3tjFj \| \| 12/04/2024 \| 08:42:28 \| 622 \| 34.090 \| XAMS \| x8K8wR3tjF8 \| \| 12/04/2024 \| 08:41:25 \| 535 \| 34.090 \| XAMS \| x8K8wR3tgh3 \| \| 12/04/2024 \| 08:41:10 \| 547 \| 34.095 \| XAMS \| x8K8wR3tgMg \| \| 12/04/2024 \| 08:41:10 \| 569 \| 34.100 \| XAMS \| x8K8wR3tgpn \| \| 12/04/2024 \| 08:40:40 \| 466 \| 34.100 \| XAMS \| x8K8wR3tgCf \| \| 12/04/2024 \| 08:39:31 \| 398 \| 34.090 \| XAMS \| x8K8wR3thkU \| \| 12/04/2024 \| 08:39:15 \| 491 \| 34.090 \| XAMS \| x8K8wR3thmi \| \| 12/04/2024 \| 08:39:15 \| 692 \| 34.095 \| XAMS \| x8K8wR3thmk \| \| 12/04/2024 \| 08:39:01 \| 611 \| 34.095 \| XAMS \| x8K8wR3thx4 \| \| 12/04/2024 \| 08:38:04 \| 590 \| 34.075 \| XAMS \| x8K8wR3thVZ \| \| 12/04/2024 \| 08:37:28 \| 490 \| 34.065 \| XAMS \| x8K8wR3tehE \| \| 12/04/2024 \| 08:37:28 \| 189 \| 34.065 \| XAMS \| x8K8wR3tehl \| \| 12/04/2024 \| 08:36:40 \| 90 \| 34.065 \| XAMS \| x8K8wR3teDT \| \| 12/04/2024 \| 08:36:40 \| 385 \| 34.065 \| XAMS \| x8K8wR3teDV \| \| 12/04/2024 \| 08:36:26 \| 680 \| 34.070 \| XAMS \| x8K8wR3tekW \| \| 12/04/2024 \| 08:35:31 \| 445 \| 34.055 \| XAMS \| x8K8wR3ttf$ \| \| 12/04/2024 \| 08:35:06 \| 177 \| 34.055 \| XAMS \| x8K8wR3tfpG \| \| 12/04/2024 \| 08:35:06 \| 313 \| 34.055 \| XAMS \| x8K8wR3tfpl \| \| 12/04/2024 \| 08:35:02 \| 702 \| 34.060 \| XAMS \| x8K8wR3tfz6 \| \| 12/04/2024 \| 08:35:02 \| 262 \| 34.060 \| XAMS \| x8K8wR3tfyj \| \| 12/04/2024 \| 08:34:37 \| 19 \| 34.055 \| XAMS \| x8K8wR3tf2l \| \| 12/04/2024 \| 08:33:52 \| 451 \| 34.075 \| XAMS \| x8K8wR3tfUf \| \| 12/04/2024 \| 08:33:52 \| 648 \| 34.080 \| XAMS \| x8K8wR3tfUm \| \| Date \| Time \| Value \| Price \| Source \| ID \| \|------------\|----------\|-------\|--------\|--------\|-------------\| \| 12/04/2024 \| 08:33:52 \| 747 \| 34.085 \| XAMS \| x8K8wR3tfU$ \| \| 12/04/2024 \| 08:32:36 \| 59 \| 34.075 \| XAMS \| x8K8wR3tM0j \| \| 12/04/2024 \| 08:32:36 \| 571 \| 34.075 \| XAMS \| x8K8wR3tM0l \| \| 12/04/2024 \| 08:32:31 \| 792 \| 34.080 \| XAMS \| x8K8wR3tM2M \| \| 12/04/2024 \| 08:31:40 \| 583 \| 34.085 \| XAMS \| x8K8wR3tNYD \| \| 12/04/2024 \| 08:31:40 \| 832 \| 34.090 \| XAMS \| x8K8wR3tNYF \| \| 12/04/2024 \| 08:30:32 \| 382 \| 34.110 \| XAMS \| x8K8wR3tN3b \| \| 12/04/2024 \| 08:30:28 \| 548 \| 34.115 \| XAMS \| x8K8wR3tN2u \| \| 12/04/2024 \| 08:30:27 \| 1143 \| 34.120 \| XAMS \| x8K8wR3tNDi \| \| 12/04/2024 \| 08:30:21 \| 159 \| 34.115 \| XAMS \| x8K8wR3tNFC \| \| 12/04/2024 \| 08:30:21 \| 307 \| 34.115 \| XAMS \| x8K8wR3tNFE \| \| 12/04/2024 \| 08:29:23 \| 330 \| 34.085 \| XAMS \| x8K8wR3tKhV \| \| 12/04/2024 \| 08:29:23 \| 346 \| 34.085 \| XAMS \| x8K8wR3tKgX \| \| 12/04/2024 \| 08:28:10 \| 815 \| 34.065 \| XAMS \| x8K8wR3tKL9 \| \| 12/04/2024 \| 08:28:00 \| 115 \| 34.050 \| XAMS \| x8K8wR3tKly \| \| 12/04/2024 \| 08:28:00 \| 476 \| 34.050 \| XAMS \| x8K8wR3tKI7 \| \| 12/04/2024 \| 08:26:55 \| 686 \| 34.040 \| XAMS \| x8K8wR3tL@W \| \| 12/04/2024 \| 08:26:55 \| 981 \| 34.045 \| XAMS \| x8K8wR3tL@z \| \| 12/04/2024 \| 08:26:53 \| 9 \| 34.045 \| XAMS \| x8K8wR3tL@J \| \| 12/04/2024 \| 08:25:37 \| 457 \| 34.015 \| XAMS \| x8K8wR3tIZ8 \| \| 12/04/2024 \| 08:25:37 \| 760 \| 34.020 \| XAMS \| x8K8wR3tIZF \| \| 12/04/2024 \| 08:24:53 \| 569 \| 34.030 \| XAMS \| x8K8wR3tIDg \| \| 12/04/2024 \| 08:24:37 \| 447 \| 34.030 \| XAMS \| x8K8wR3tIA8 \| \| 12/04/2024 \| 08:24:37 \| 318 \| 34.030 \| XAMS \| x8K8wR3tIAA \| \| 12/04/2024 \| 08:23:39 \| 146 \| 34.045 \| XAMS \| x8K8wR3tJt9 \| \| 12/04/2024 \| 08:23:39 \| 559 \| 34.045 \| XAMS \| x8K8wR3tJJB \| \| 12/04/2024 \| 08:23:06 \| 233 \| 34.050 \| XAMS \| x8K8wR3tJCu \| \| 12/04/2024 \| 08:23:05 \| 372 \| 34.055 \| XAMS \| x8K8wR3tJFy \| \| 12/04/2024 \| 08:23:05 \| 533 \| 34.060 \| XAMS \| x8K8wR3tJF3 \| \| 12/04/2024 \| 08:22:54 \| 770 \| 34.065 \| XAMS \| x8K8wR3tJH8 \| \| 12/04/2024 \| 08:21:47 \| 537 \| 34.065 \| XAMS \| x8K8wR3tG73 \| \| 12/04/2024 \| 08:21:47 \| 770 \| 34.070 \| XAMS \| x8K8wR3tG75 \| \| 12/04/2024 \| 08:20:51 \| 618 \| 34.070 \| XAMS \| x8K8wR3tHZc \| \| 12/04/2024 \| 08:20:15 \| 478 \| 34.075 \| XAMS \| x8K8wR3tH@O \| \| 12/04/2024 \| 08:20:12 \| 581 \| 34.080 \| XAMS \| x8K8wR3tHxY \| \| 12/04/2024 \| 08:20:12 \| 617 \| 34.085 \| XAMS \| x8K8wR3tHxp \| \| 12/04/2024 \| 08:18:56 \| 137 \| 34.090 \| XAMS \| x8K8wR3tUiz \| \| 12/04/2024 \| 08:18:56 \| 458 \| 34.095 \| XAMS \| x8K8wR3tUIj \| \| 12/04/2024 \| 08:18:56 \| 679 \| 34.100 \| XAMS \| x8K8wR3tUiL \| \| 12/04/2024 \| 08:18:52 \| 31 \| 34.100 \| XAMS \| x8K8wR3tUIP \| \| 12/04/2024 \| 08:18:49 \| 100 \| 34.095 \| XAMS \| x8K8wR3tUhG \| \| 12/04/2024 \| 08:17:52 \| 687 \| 34.085 \| XAMS \| x8K8wR3tUMB \| \| 12/04/2024 \| 08:17:52 \| 811 \| 34.090 \| XAMS \| x8K8wR3tUHe \| \| 12/04/2024 \| 08:16:52 \| 657 \| 34.115 \| XAMS \| x8K8wR3tVzB \| \| 12/04/2024 \| 08:16:15 \| 195 \| 34.125 \| XAMS \| x8K8wR3tVNm \| \| 12/04/2024 \| 08:16:15 \| 449 \| 34.125 \| XAMS \| x8K8wR3tVNo \| \| 12/04/2024 \| 08:16:15 \| 644 \| 34.130 \| XAMS \| x8K8wR3tVN5 \| \| 12/04/2024 \| 08:16:05 \| 1194 \| 34.130 \| XAMS \| x8K8wR3tV8 \| \| Date \| Time \| Value \| Price \| Source \| ID \| \|------------\|----------\|-------\|--------\|--------\|-------------\| \| 12/04/2024 \| 08:15:33 \| 100 \| 34.105 \| XAMS \| x8K8wR3tSk2 \| \| 12/04/2024 \| 08:15:00 \| 160 \| 34.115 \| XAMS \| x8K8wR3tS1m \| \| 12/04/2024 \| 08:15:00 \| 766 \| 34.115 \| XAMS \| x8K8wR3tS1q \| \| 12/04/2024 \| 08:13:57 \| 599 \| 34.110 \| XAMS \| x8K8wR3tKv \| \| 12/04/2024 \| 08:13:29 \| 473 \| 34.095 \| XAMS \| x8K8wR3tT7f \| \| 12/04/2024 \| 08:13:26 \| 530 \| 34.100 \| XAMS \| x8K8wR3t1X \| \| 12/04/2024 \| 08:13:10 \| 327 \| 34.095 \| XAMS \| x8K8wR3tT9p \| \| 12/04/2024 \| 08:13:10 \| 146 \| 34.095 \| XAMS \| x8K8wR3tT9r \| \| 12/04/2024 \| 08:13:10 \| 159 \| 34.095 \| XAMS \| x8K8wR3tT9s \| \| 12/04/2024 \| 08:13:10 \| 307 \| 34.095 \| XAMS \| x8K8wR3tT9u \| \| 12/04/2024 \| 08:12:59 \| 1169 \| 34.090 \| XAMS \| x8K8wR3tTGX \| \| 12/04/2024 \| 08:11:42 \| 682 \| 34.085 \| XAMS \| x8K8wR3tQ0w \| \| 12/04/2024 \| 08:11:39 \| 583 \| 34.095 \| XAMS \| x8K8wR3tQ2C \| \| 12/04/2024 \| 08:11:16 \| 662 \| 34.080 \| XAMS \| x8K8wR3tQMj \| \| 12/04/2024 \| 08:11:10 \| 676 \| 34.085 \| XAMS \| x8K8wR3tQlr \| \| 12/04/2024 \| 08:10:13 \| 574 \| 34.060 \| XAMS \| x8K8wR3tRDs \| \| 12/04/2024 \| 08:10:10 \| 436 \| 34.065 \| XAMS \| x8K8wR3tRCN \| \| 12/04/2024 \| 08:10:10 \| 352 \| 34.070 \| XAMS \| x8K8wR3tRFK \| \| 12/04/2024 \| 08:10:10 \| 270 \| 34.070 \| XAMS \| x8K8wR3tREX \| \| 12/04/2024 \| 08:09:19 \| 636 \| 34.050 \| XAMS \| x8K8wR3tOtx \| \| 12/04/2024 \| 08:09:16 \| 634 \| 34.055 \| XAMS \| x8K8wR3tOpR \| \| 12/04/2024 \| 08:08:57 \| 158 \| 34.035 \| XAMS \| x8K8wR3tOEo \| \| 12/04/2024 \| 08:08:57 \| 497 \| 34.035 \| XAMS \| x8K8wR3tOEq \| \| 12/04/2024 \| 08:08:21 \| 253 \| 34.070 \| XAMS \| x8K8wR3tPX1 \| \| 12/04/2024 \| 08:08:21 \| 307 \| 34.065 \| XAMS \| x8K8wR3tPX3 \| \| 12/04/2024 \| 08:08:21 \| 731 \| 34.080 \| XAMS \| x8K8wR3tPX6 \| \| 12/04/2024 \| 08:08:21 \| 1046 \| 34.085 \| XAMS \| x8K8wR3tPXE \| \| 12/04/2024 \| 08:07:58 \| 49 \| 34.065 \| XAMS \| x8K8wR3tPoV \| \| 12/04/2024 \| 08:07:17 \| 466 \| 34.110 \| XAMS \| x8K8wR3tPGx \| \| 12/04/2024 \| 08:07:13 \| 268 \| 34.110 \| XAMS \| x8K8wR3tPT6 \| \| 12/04/2024 \| 08:07:13 \| 305 \| 34.110 \| XAMS \| x8K8wR3tPT8 \| \| 12/04/2024 \| 08:07:13 \| 307 \| 34.110 \| XAMS \| x8K8wR3tPTA \| \| 12/04/2024 \| 08:07:08 \| 198 \| 34.095 \| XAMS \| x8K8wR3tPV9 \| \| 12/04/2024 \| 08:06:25 \| 695 \| 34.060 \| XAMS \| x8K8wR3t6p9 \| \| 12/04/2024 \| 08:06:22 \| 378 \| 34.065 \| XAMS \| x8K8wR3t6yi \| \| 12/04/2024 \| 08:06:22 \| 545 \| 34.070 \| XAMS \| x8K8wR3t6yk \| \| 12/04/2024 \| 08:06:01 \| 731 \| 34.080 \| XAMS \| x8K8wR3t62G \| \| 12/04/2024 \| 08:06:01 \| 137 \| 34.080 \| XAMS \| x8K8wR3t62N \| \| 12/04/2024 \| 08:06:01 \| 466 \| 34.085 \| XAMS \| x8K8wR3t62P \| \| 12/04/2024 \| 08:06:01 \| 429 \| 34.095 \| XAMS \| x8K8wR3t6D4 \| \| 12/04/2024 \| 08:05:52 \| 217 \| 34.110 \| XAMS \| x8K8wR3t6B8 \| \| 12/04/2024 \| 08:05:52 \| 500 \| 34.110 \| XAMS \| x8K8wR3t6BD \| \| 12/04/2024 \| 08:05:52 \| 591 \| 34.115 \| XAMS \| x8K8wR3t6BR \| \| 12/04/2024 \| 08:05:52 \| 844 \| 34.120 \| XAMS \| x8K8wR3t6BV \| \| 12/04/2024 \| 08:05:26 \| 955 \| 34.110 \| XAMS \| x8K8wR3t7aX \| \| 12/04/2024 \| 08:05:13 \| 1619 \| 34.110 \| XAMS \| x8K8wR3t7k1 \| \| 12/04/2024 \| 08:04:40 \| 746 \| 34.110 \| XAMS \| x8K8wR3t71C \| \| 12/04/2024 \| 08:04:40 \| 31 \| 34.110 \| XAMS \| x8K8wR3t71E \| \| Date \| Time \| Count \| Value \| Device \| ID \| \|------------\|----------\|-------\|--------\|----------\|-------------\| \| 12/04/2024 \| 08:04:15 \| 652 \| 34.105 \| XAMS \| x8K8wR3t7Vn \| \| 12/04/2024 \| 08:04:15 \| 107 \| 34.110 \| XAMS \| x8K8wR3t7Vt \| \| 12/04/2024 \| 08:04:15 \| 1361 \| 34.110 \| XAMS \| x8K8wR3t7Vv \| \| 12/04/2024 \| 08:04:10 \| 431 \| 34.120 \| XAMS \| x8K8wR3t7Qy \| \| 12/04/2024 \| 08:04:10 \| 37 \| 34.120 \| XAMS \| x8K8wR3t7Q0 \| \| 12/04/2024 \| 08:04:10 \| 515 \| 34.120 \| XAMS \| x8K8wR3t7QH \| \| 12/04/2024 \| 08:04:10 \| 425 \| 34.120 \| XAMS \| x8K8wR3t7QO \| \| 12/04/2024 \| 08:04:10 \| 217 \| 34.120 \| XAMS \| x8K8wR3t7QQ \| \| 12/04/2024 \| 08:04:10 \| 12 \| 34.120 \| XAMS \| x8K8wR3t7QS \| \| 12/04/2024 \| 08:04:03 \| 1 \| 34.110 \| XAMS \| x8K8wR3t4XR \| \| 12/04/2024 \| 08:04:03 \| 1 \| 34.110 \| XAMS \| x8K8wR3t4Wi \| \| 12/04/2024 \| 08:03:58 \| 2267 \| 34.095 \| XAMS \| x8K8wR3t4eg \| \| 12/04/2024 \| 08:03:57 \| 1024 \| 34.085 \| XAMS \| x8K8wR3t4gg \| \| 12/04/2024 \| 08:02:58 \| 261 \| 34.045 \| XAMS \| x8K8wR3t4UD \| \| 12/04/2024 \| 08:02:58 \| 190 \| 34.045 \| XAMS \| x8K8wR3t4UJ \| \| 12/04/2024 \| 08:02:58 \| 810 \| 34.045 \| XAMS \| x8K8wR3t4UO \| \| 12/04/2024 \| 08:02:04 \| 139 \| 34.075 \| XAMS \| x8K8wR3t5Ac \| \| 12/04/2024 \| 08:02:04 \| 100 \| 34.075 \| XAMS \| x8K8wR3t5Ag \| \| 12/04/2024 \| 08:02:03 \| 458 \| 34.070 \| XAMS \| x8K8wR3t5A6 \| \| 12/04/2024 \| 08:02:03 \| 79 \| 34.075 \| XAMS \| x8K8wR3t5L@ \| \| 12/04/2024 \| 08:02:03 \| 412 \| 34.075 \| XAMS \| x8K8wR3t5L0 \| \| 12/04/2024 \| 08:02:03 \| 168 \| 34.075 \| XAMS \| x8K8wR3t5L4 \| \| 12/04/2024 \| 08:02:02 \| 1450 \| 34.080 \| XAMS \| x8K8wR3t5Nh \| \| 12/04/2024 \| 08:01:59 \| 349 \| 34.075 \| XAMS \| x8K8wR3t5SV \| \| 12/04/2024 \| 08:01:59 \| 466 \| 34.090 \| XAMS \| x8K8wR3t5VC \| \| 12/04/2024 \| 08:01:58 \| 1833 \| 34.095 \| XAMS \| x8K8wR3t5Ua \| \| 12/04/2024 \| 08:01:58 \| 1426 \| 34.090 \| XAMS \| x8K8wR3t5Us \| \| 12/04/2024 \| 08:01:22 \| 500 \| 34.045 \| XAMS \| x8K8wR3t2xY \| \| 12/04/2024 \| 08:01:17 \| 405 \| 34.040 \| XAMS \| x8K8wR3t23t 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Director GWRRA Mike & Lori Stiger (517) 769‐4824 [email protected] Deputy Directors Jere & Linda Goodman (347) 564‐1161 [email protected] Dave & Gwen Carter (815) 260‐2294 [email protected] Program Directors Rider Education Gene & Betty Knutson (352) 428‐0785 [email protected] Membership Enhancement Ed & Linda Johnson (276) 628‐5535 [email protected] Leadership Training Paul & Cheryl Brosher (614) 270‐1256 [email protected] Finance Jeff & Cherri Liner (423) 336‐5835 [email protected] Gold Wing Road Riders Association "Insight" GWRRA News & Information from the International Team Volume 2, Issue 2 February 2011 Destination Rides Announced! This years Wing Ding promises to be extra special with new features such as Destination Rides, Riverboat Cruises, and more! These Destination Rides are available to pre‐registrants only. More details can be found at http://www.wing‐ding.org/under the Information tab. http://www.gwrra.org/oconnect/ Director of GWRRA Too much paperwork… Really? Since taking office as your Director, on several occasions I've heard that Chapter Directors are being burdened with too much paperwork. On top of that, I hear that it is increasing and were asking for more on a monthly basis than ever before and it is taking the fun out of being a Chapter Director. This caused me great concern and I looked into this issue. After careful consideration I honestly don't understand what is being said. From a International point of view the only additional requirement in 34 years of the Chapter Director is to go online with the IRS and file a 990n at year end. Even though the IRS added this requirement for all 501(c)4 organizations, I admit this is new and an additional requirement for Chapter Directors. This requirement will take 15 to 20 minutes per year to do. So let's look at what paperwork is require of a Chapter Director. Now I'm going to assume that this Director has a complete core Team that includes a Treasurer, Educator, and Membership Enhancement Officer. With this Team in place all program responsibilities should be taken care of by the Team. An example of such would be… * The Educator is doing their monthly report and sending it to the District. * The Membership Enhancement Officer is contacting the new Members and reporting their results to the District. * The Treasurer is balancing the Chapter check book and entering those results in the yearend Financial Report. During their time in office a Chapter Director will also need to fill out appointment paperwork for their Treasurer and Assistant, and sign as the concurring Officer for their Educator and Membership Enhancement Officer. Typically, this is a one time occurrence during their tenure as a Chapter Director. So other than filling out a one page appointment form and witness signing a MOU to appoint their Treasurer and Assistant and being an additional signature on an appointment form for their ME Officer, nothing much has changed here either. So other than onetime appointment paperwork what annual requirements are left for the Chapter Director to complete? The Chapter Director needs to review and sign the yearend Financial Report and spend 20 minutes on the computer to file their 990n. So I must ask is that really a lot of paperwork? In fact we have streamlined the paperwork process compared to previous times. All forms can be filled out and printed from a computer and we accept scanned images of those forms that require a signature. So not only is it faster it saves the Chapter the cost of mailing. However, if a Chapter Director is being asked to do paperwork other than what I've mentioned, then I would like to know about it. It is not required and not needed. Continued on next page Director of GWRRA Continued from previous page Of course if a Chapter Director is flying solo then there is more paperwork for them to complete. Perhaps this is the issue. Without a Core Team working with their Appointing Officers to complete the requested monthly reports, the Chapter Director is finding themselves responsible to do this. This is why they need a complete Core Team taking care of the Chapter's Program responsibilities. They need to contact their District Program Officers and get some help in identifying and selecting Members in their Chapter to build their Core Team. We are here to support the Chapter Director and do everything we can to help them to be a success. Our International, Region and District Program Officers will not only help our Chapter Directors to appoint an Officer, we will continuously train and support those Officers efforts. Is a Chapter Director busy in an active Chapter? You bet, but it is not on paperwork. It is on planning events, communicating with their Chapter Participants via phone, email, and newsletter. They conduct their Monthly Gathering and join in on Chapter rides. And this is the point of all this. We work to minimize the paperwork of a Chapter Director so they can focus on their real responsibility in providing FUN opportunities for their Chapter Participants to partake in. We recognize and greatly appreciate their efforts. This is the reason why we have created the Director Recognition Award Program. Our outstanding Chapter Directors are the key to GWRRA's success. So a Chapter Director needs to have a functional Core Team to minimize the paperwork they are personally responsible for. Ensure they are using synergy to empower their Team members to take care of their duties, and use the Team to plan and provide FUN opportunities for the Chapter Participants to partake in. With that foundation in place the Chapter Director will find it takes less than one hour annually to complete the paperwork they are responsible for and be able to focus their time on building a successful Chapter. Just a little food for thought… Mike Stiger Director of GWRRA http://www.gwrra.org/oconnect/officerresources.html Rider Education Program Medic First ‐ Moving into 2011 As we head into our new year, 2011, many things are changing in CPR/First Aid. Many of our MFA Instructors have completed the newly required updates to use with our classes to be sure all the Members receive the best up to date information available. Many rumors are circulating on chest compressions with no breaths. We can still use breaths. Compressions have changed a little but it is the way the new procedures are to be done that is the major change. CPR is still the same with a few changes that will improve the chance of survival. We will be training using our normal programs until the new programs come out in April. All Instructors have the new updates and will use them where they are needed in their training of our Members. Each Instructor will explain the new changes as they go through the class. They will make sure everyone understands the new changes and why they are being used for a better chance of survival. We had an outstanding 2010, teaching over 1600 members. We sent out 9 life‐saving awards in 2010 and look forward to sending out more in 2011. The Membership of GWRRA is the best anyone can ask for in an outstanding organization. The Members came forward when someone needed help and stayed there until help arrived and went above and beyond to help. We look forward to another year of Rider Education to train our Members and provide the best up to date information available. We have outstanding Instructors in other organizations such as American Red Cross, American Heart Association and ASHI. We all have one goal in mind ‐ ‐ to help save a life, or keep the injured person as comfortable as possible until help arrives. Be safe, ride safe, looking forward to seeing you all in Knoxville, TN. Larry & Rhonda Stiles Director, Medic First Aid/CPR http://www.gwrra.org/regional/ridered/medic.html Rider Education Program Information of a Crash On a beautiful Sunday morning (January 2, 2011) just north of the small town of Polk City, Florida, a married couple riding their Gold Wing was traveling along a country road. They were out for a fun day to get over the holiday hustle and bustle, and to get work off of their minds for at least a little while. The road for the most part does not have a center line, so you stay on your side, and hope that others will do the same. On this fateful day, someone else did not. He crossed the road, into the motorcycles lane hitting them head on with a compact car. It has not been admitted to, but this is how so many accidents happen ‐ ‐ text messaging or speed. According to reports, the driver lost control. Was it speed, or text messaging, or something else, we may never know! Since a lot of accidents like this are passed over as a motorcycle mishap, and usually the driver causing the accident never gets a ticket. My thoughts are, "What if the motorcycle had modulator lights on bright and flashing?" Would other drivers coming at you see them far enough out to slow down if speeding. Or stay on their own side of the road by knowing that you are approaching them. Or would you still get hit? It would put more odds on your side. I do not know what kind of bulbs they had, or even if they had a modulator on their GL‐1500. I feel that if they did, they might be alive today. I encourage everyone out there, no matter what kind of bike you ride, to get a modulator and use it on side roads and most NON‐super highways. I do not use mine on super highways, because it has a tendency to slow traffic down in front of you, and that can cause other problems, or accidents. In my life long history of riding motorcycles, (approximately 47 years) not counting my first 13 years learning how to walk, talk, and get along in this world, I have had a lot of vehicles, cattle, deer and other obstacles pull or run out in front of me. I have been lucky, good at controlling my motorcycle, and sometimes I feel that the good lord was with me as a Co‐Rider. I have laid a bike down only once on the move, and that was shortly after moving to Florida going around a sharp turn on a back road, and discovered SAND after a rain storm. I admit that it has gone down several times due to sand, oak nuts, wet grass, or someone in a parking lot pulling out in front of me while I was turning. Every day that I ride my motorcycle, which is nearly every day, I think of what would happen if that idiot up there pulls out, or if the car next to me pulls into my lane and cuts me off. Some things cannot be prevented, no matter what you do. But I have had fewer incidents since I started using my modulated lights with extra bright white lights. They can be seen, even on street signs 50 yards ahead in daytime. The state of Florida, and most other states ENCOURAGE motorcycles to use Modulators, on High Beam, because they know the danger we face in everyday riding. Federal DOT also accepts Modulator lights. Continued on next page Rider Education Program Continued from previous page I have been told by other riders that bright lights blind other drivers, and might pull out in front of you. I disagree, and will continue to use them, and I implore you to do the same. A little cost for the Modulators is a small comparison to what it cost your family to bury you. Please consider them; I am tired of going to Funerals of friends who thought that a $100.00 or less was too much to spend for safety. I have left out the specific information as to who the victims were, because I want you to stop and think about other incidents that you remember, or even witnessed that Modulator Lights might have helped to prevent. Be assured that this was a true incident, and they will be missed by all of us that have had the pleasure of talking to, or riding with them. Let's start a nation wide push to save some lives. Modulator Lights can and do save lives. Thank you for taking the time to read this, and I pray that it saves a fellow rider someday. Bill "WACO" and Kay Corgnell Assistant Chapter Director & 2011 Chapter Couple of the Year FL2‐W, Winter Haven Rider Education Program Master Tour Rider Recognition Program 2011 Calendar Year Eligibility The following is a list of the Level IV, Master Tour Riders, eligible for the MASTERS RECOGNITION PROGRAM Indicating the Master numbers and year of issuance: Please note: Eligibility occurs at the conclusion of the 5, 10, or 15 year participation period and assumes active continuing participation and renewal for that period of time. Master Number Range contains numbers known to have been issued during that calendar year. Year of application is based on the application approval date, not on the date of entry into the database. In some instances, Master Numbers may have been issued out of sequence (e.g.: up to 5989 in 2005) causing a number to be issued in a year other than indicated. These minimal occurrences are to be ignored to simplify the tracking as well as to benefit the affected members. Membership Enhancement Program Retention of Members Needs Help From All Several weeks ago we were discussing Membership Retention issues with GWRRA Director Mike Stiger. He pointed out that we were losing the majority of our Members who had only been Members for 1 ‐ 3 years. Unusual you say! Our thoughts were along the same line. Then it became clear to us that Members originally join GWRRA for either 1 or 3 years and then they fail to renew. The next question I asked was, "why do these Members fail to renew"? It was then that we decided to ask each District Director to personally send a letter to each Member who has been a Member for 1 ‐ 3 years and was going to expire in the first quarter of 2011. From the letter that was sent out, we wanted to know if the Member was planning on renewing, and to let them know that they are an important part of our GWRRA family. In addition, it was asked if the Member had been contacted by someone in a Chapter or anyone else from GWRRA. Furthermore, for those Members who were not going to renew their Membership, they were asked to contact their District Director or a member of their Team to discuss any improvements that could be made in GWRRA that would influence them to renew their Membership. We must have pushed the right button. We don't know how many emails or responses the District Directors are getting, but today alone we have received several emails from concerned Members. What was the main theme of the emails we received? "No one from GWRRA has contacted me". "No one made me feel welcome when I attended an Event"! "No one talks to me"! "No one tells me what is going on"! "No one rides"! We are in amazement that no one is contacting the Members and making them feel welcome. Sometimes we are our own worst enemy. We sit back and wonder why we are losing Members yet we do nothing. Is the answer right in front of us? If we listen to what our own Members are telling us, than we need to spend more time contacting Members, talking with them, and making them feel welcome. You may be saying to yourself, this is not happening in your Chapter. If you are correct, we applaud you and know that you are doing a great job contacting and welcoming Members to your Gatherings and Events. Consider that you are incorrect and Members are not being contacted. Then we urge you and your fellow Chapter Participants to reach out to all Members by making contact with them. Even if you have been contacting New and long time Members, let's do it better. If you're not contacting them please start now. Contact those Members who have not been contacted and invite them to a Gathering or Event. Let them know they are important to our GWRRA family and help them to understand how GWRRA works. Explain the benefits and acronyms and tell them about the Programs within GWRRA. Tell them where they can find more information regarding GWRRA and its programs. Each Member we retain will strengthen our Association and help with its growth. "Strength and Growth come only through continuous effort and struggle….." by: Napoleon Hill. Ed & Linda Johnson International Director, Membership Enhancement Program Membership Enhancement Program It's already January 2011, can you believe it? This brings about a New Year, New Chapter Directors, and New Team Members. GWRRA has an Operational Program, Rider Educator Program, Leadership Training Program and of course our favorite is the Membership Enhancement Program. Effective January 1, 2011, all Membership Enhancement Coordinators are considered Officers in GWRRA. As such, they will all be required to sign a Memorandum of Understanding (MOU) and an Officer Change/Appointment Worksheet. The MOU and worksheet can be found on the O'Connect at http://www.gwrra.org/oconnect/. Some new rockers are being made for the new positions. They will have the Team Name (Chapter, District, Region or International Team) across the top. Position rockers for Director, Treasurer, Educator, Membership Enhancement or Trainer across the bottom. Here are a few examples: One of the goals set by the Director of GWRRA, Mike Stiger, is to have a Membership Enhancement Coordinator (MEC) in all Chapters. Although the duties and responsibilities of the Chapter Membership Enhancement Coordinator are rather simple, easy, and take just a few extra hours a month, think how much better this will be for Chapter Directors if they didn't have to worry about the MEC part of the Chapter Team. One Membership Enhancement Program that has received a lot of attention recently is the Chapter of the Year Program. Paul Hildebrand, GWRRA Founder, Mike Stiger and many others have given many accolades to this Program. The goal of the Program has been positively changed in 2011 to try to get more Chapters involved and more Chapter members involved doing more GWRRA activities. All Chapters that get involved in this Program will be better, stronger Chapters, which will be sure to grow. This Program needs encouragement and support from Region and District Teams. Bob and Karla Greer Assistant Directors, Membership Enhancement Program Membership Enhancement Program Ham Radio SIG Representatives We are Robert & Joan Partigianoni and we are very proud to accept the position as Ham Radio SIG Representative. We are looking forward to working with the Membership Enhancement Team and all of the GWRRA Members. We live in Leesville, LA, home of Fort Polk and the Gateway to Toledo Bend Lake, the largest man‐made body of water in the south. We were married in June, 1970 in our home state of New York. We have been Members of GWRRA since June, 2008. We have served Chapter LA‐M as Assistant Chapter Directors, Phone Tree Coordinators and Activities Committee Coordinators. We are currently serving as Newsletter Editors and Webmasters. We are both Level IV (Master Tour Riders) in the Rider Education program. We ride a 2008 Gold Wing GL 1800 with a California Sidecar Trike Conversion Kit. Since purchasing our Gold Wing, we have traveled 54,000 miles to one of our favorite things to do…Rallies. We have been Ham Radio Operators since 1973 and 1974 respectfully. We have operated in New York, Colorado, New Hampshire and Louisiana. We both hold Amateur Extra Class tickets. Joan is a CVE which is a Ham Operator that can administer tests to people who want to earn a Ham Radio license. We presently have a Kenwood D700A on the trike and operate APRS on the left side of the radio with a beacon going out every 5 minutes and locally we operate on 145.310 MHz with a PL 203.5 tone. On trips we put the right side of the radio on 146.520 MHz simplex and usually talk to an occasional trucker and some home stations in the bigger cities. We are excited to be serving the great Members of GWRRA in the position of Ham Radio SIG Representative. We have met and made many friends in this great organization and look forward to meeting more. We would like to expand the number of Ham Radio Operators operating from their motorcycle and answering their questions. Robert will be on the Message Boards and you can always contact us by phone or email. http://med.gwrra.org/sigs/hamradiosig.html Let's talk about your "GWRRA Chapter Vest" We wear our vest during GWRRA Functions to show our "Chapter/District/ Region pride and unity". * You can customize your vest any way you want the only thing we ask is that you place the Chapter/District/Region Patch and the National GWRRA patches as shown. * Officers need to have their "Chapter/District/Region Team" rocker over the front 4" patch and their Officer position rocker below the 4" patch. If you are an Assistant Officer the Assistant rocker goes below the Officer position patch. Leadership Training Program Meet the Directors We are Paul and Cheryl Brosher and we hail from Hilliard, Ohio. We have been Members of GWRRA for 25+ years. We are both retired now and enjoy the easier life (that just means no alarm clock). It is as the old saying goes, "I don't know how I had time to work". For a part time job, we go pick up brand new cars for a Ford Dealership. It's really nice to drive those nice new never been driven vehicles, about like the time you picked up that brand spanking new Wing. Which by the way we ride a 2004 Candy Red with matching Escapade trailer. We started out riding on a 1975 Gold Wing Standard with Vetter fairings and NO saddlebags. Now, I can't even get away from the house without a trailer full of stuff if we're going for more than one day. We've worn out 3 Gold Wings since that one. The last one has a while to go yet. We got started getting involved in GWRRA in 1988 when we and a few other couples decided to start a Chapter. We were the Area Representative (AR) or as we call them now, Chapter Director. We did that for 10 years and then we were asked to go on the District Team. After 6 years there, we ended up on the Region Team where we were serving when we applied for the International Directors of Leadership Training. In 1994, we attended the first Horizon and in 1995 we attended the first Instructors Program and became Certified Instructors. At that time, I became very intrigued with the Training aspect of GWRRA, so I followed the program from its infancy. I have seen this program grow to a very fine educational venue and we plan on keeping Training in GWRRA a Program to be proud of. This is your organization and we are here to listen to your needs and desires in the Leadership Training area. So if there are any seminars you think should be included, please feel free to contact us or your District Trainers. We have a lot of good Instructors out there and from the emails we've already received they are ready to give it their all. We are very humbled to be chosen asyour new Directors of Leadership Training and look forward to meeting everyone of you in one or more of the great seminars GWRRA has to offer. Please stay tuned into the Leadership Training Program as we have several new exciting things coming down the pike, some that were generated by you the Members. I always like to close by saying this quote from a famous NASCAR Driver, "Drivers win races, Teams win Championships". Paul & Cheryl Brosher International Directors of Leadership Training 2011 Events Wing Ding 33 "Rollin on Rocky Top" July 6 ‐ 9, 2011 http://www.wing‐ding.org/ Don't see your Region or District event listed? Contact the Insight Newsletter Editors Rick & Madalena Buck Email: [email protected]	<urn:uuid:414e6998-417c-4723-86a6-edcc824dba45>	CC-MAIN-2018-34	http://gwrra.org/oconnect/newsletter/2011/Insight-February2011.pdf	2018-08-21T02:33:15Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-34/segments/1534221217909.77/warc/CC-MAIN-20180821014427-20180821034427-00687.warc.gz	156,572,834	8,881	eng_Latn	eng_Latn	0.949817	eng_Latn	0.998349	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1087, 3939, 6164, 8126, 11211, 12339, 13245, 16513, 18499, 20619, 21162, 23710, 23945 ]
Decisions & Orders About the Office of Administrative Law Judges Statutes Administered by the Administrative Law Judges Rules of Practice & Procedure Environmental Appeals Board Employment Opportunities Office of Administrative Law Judges Share Recent Additions \| Contact Us Search: All EPA This Area Go You are here: EPA Home Administrative Law Judges Home Decisions & Orders Orders 1999 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BEFORE THE ADMINISTRATOR In the Matter of ) ) U.S. Department of the Navy, ) Docket No. RCRA-III9006-062 Naval Air Station Oceana, ) ) Respondent ) ORDER GRANTING MOTION TO STAY PROCEEDINGS AS TO PENALTY ISSUES By motion dated May 20, 1999, Respondent requests an order staying proceedings as to the penalty in this matter ("Motion"). In response, Complainant states that it has no objection to the Motion. The Motion will be granted for the reasons stated below. This proceeding was initiated by a Complaint filed on September 29, 1998, pursuant to Section 9006 of the Resource Conservation and Recovery Act (RCRA). The Complaint alleged two counts of violation arising from Respondent's alleged failure to maintain certain equipment on underground storage tanks (USTs) at Respondent's facility at the Naval Air Station Oceana. Count I of the Complaint was withdrawn by Order dated January 21, 1999. On January 12, 1999, Respondent served a Motion for Partial Accelerated Decision as to Count II of the Complaint. Complainant responded and filed a Cross Motion for Accelerated Decision on January 27, 1999 (Cross Motion). The parties filed responsive pleadings, and on April 13, 1999, presented oral argument on their respective motions for accelerated decision. The parties presented oral argument on several issues, including the issue of whether EPA has authority to assess punitive penalties against Federal facilities for underground storage tank (UST) violations of RCRA. navyocea.htm[3/24/14, 7:07:07 AM] Three days after the oral argument, on April 16, 1999, the General Counsel of the Department of Defense submitted to the Department of Justice Office of Legal Counsel (OLC) a request for an opinion on whether EPA has such authority. Respondent states that a decision by the OLC will be binding on Complainant and Respondent. Respondent asserts that, in deference to the submittal of the Department of Defense and to the procedure established by Executive Order 12146, a partial stay of these proceedings would be appropriate. (1) Respondent clarifies that it requests a stay only as to the penalty portion of this proceeding, which would affect Part IV of the Complaint (the proposed penalty assessment) and Respondent's First, Second and Fourth Affirmative Defenses, but would not affect Part II (allegations of Count II) and Part III (the Compliance Order) of the Complaint. The stay is requested until the dispute is resolved by OLC, provided that if Respondent prevails on the issue of liability, the stay should be lifted and an "initial decision" entered. In response, stating that it does not object to the Motion to Stay, Complainant asserts that it is EPA's understanding that OLC has requested that the parties stay the proceedings before EPA, and that a decision from OLC could be rendered as early as July of 1999. (2) A stay of proceedings is a matter of discretion for the presiding judge. See, Landis v. North American Co., 299 U.S. 248, 254-55 (1936); Unitex Chemical Corp., EPA Docket No. TSCA-92-H-08, 1993 EPA ALJ LEXIS 146 (ALJ, Order Staying Proceedings, March 18, 1993)(granting a stay of one year or until decision by D.C. Circuit, whichever occurs first, where D.C. Circuit had already scheduled briefs and oral argument, and decision would affect most or all claims in the administrative proceeding); citing, General Motors Corp., EPA Docket No. II-TSCAPCB-91-0245 (ALJ, Order Staying Proceedings, February 5, 1993). A stay has been granted, pending the OLC's opinion, in other administrative proceedings against Federal facilities, concerning UST violations of RCRA. See, Department of the Army, Walter Reed Army Medical Center, and Department of the Army, Walter Reed Army Medical Center, Forest Glen Annex, EPA Docket Nos. RCRA-III-9006-052 and RCRA-III9006-054 (Summary of Prehearing Conference, and Order Granting Motion for Accelerated Decision as to Liability and Granting Request for Stay of Proceedings as to Penalty Issues, May 25, 1999). Accordingly, Respondent's request for a stay as to penalty issues in this proceeding is GRANTED. This proceeding is stayed with respect to all penalty issues until the date that the Department of Justice Office of Legal Counsel issues its opinion as to EPA's authority to assess penalties against Federal facilities for alleged violations of UST requirements. A ruling on the parties' cross motions for accelerated decision as to issues of liability will be forthcoming. __________________________________ Chief Administrative Law Judge Susan L. Biro navyocea.htm[3/24/14, 7:07:07 AM] Decisions and Orders \| Office of Administrative Law Judges \| US EPA Washington, D.C. 1. Executive Order 12146 provides, in pertinent part: 1-401: Whenever two or more Executive agencies are unable to resolve a legal dispute between them, including the question of which has jurisdiction to administer a particular problem or to regulate a particular activity, each agency is encouraged to submit the dispute to the Attorney General. 1-402: Whenever two or more Executive agencies whose heads serve at the pleasure of the President are unable to resolve such a legal dispute, the agencies shall submit the dispute to the Attorney General prior to proceeding in any court, except where there is a specific statutory vesting of responsibility for a resolution elsewhere. 2. Respondent, however, notes in its Motion that EPA had not yet responded to the Department of Defense's submittal to OLC. EPA Home Privacy and Security Notice Contact Us file:///Volumes/KINGSTON/Archive_HTML_Files/navyocea.htm Print As-Is Last updated on March 24, 2014 navyocea.htm[3/24/14, 7:07:07 AM]	<urn:uuid:6ed68f66-2755-4af2-8189-3dded8250c3d>	CC-MAIN-2021-25	https://yosemite.epa.gov/oarm/alj/alj_web_docket.nsf/Dockets%20by%20EPA%20Region/C4FD3BD44D2E5A0585257FBC00702578/$File/navyocea.pdf	2021-06-20T01:49:24+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-25/subset=warc/part-00188-e638c5dd-3c3d-4738-8d52-dc1e9f44de3a.c000.gz.parquet	985,093,584	1,429	eng_Latn	eng_Latn	0.979242	eng_Latn	0.979194	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 2014, 5081, 6164 ]
A message from our Chief Executive, Sinéad Butters We are excited to launch our new Corporate Plan to 2030. It has been co-created with our customers, partners, colleagues and Board and sets an ambitious direction for the next six years. It wasn't hard to write this plan. Every customer we spoke to echoed the same view. Invest in our homes, deliver a fantastic repairs service, tackle anti-social behaviour, listen to us and show respect. Through putting People First we will ensure our customers and colleagues are at the heart of what we do. Our customers will live in a safe and decent home, and we will listen and act on their feedback, walking side by side in their journey. Our colleagues will be supported to provide an excellent service, one with professionalism, empathy and respect for others. Every colleague we spoke to said help us to do a great job. Give us the resources and support, listen to us, ensure our systems and processes help rather than hinder. So that's it. Simple, yes? Let's do this together! Sinéad Butters Our values are most important to us. Championing the cause of the customer, nurturing and building togetherness and being professional are at the heart of Aspire. Chief Executive Contents Our core purpose Putting People First has always been part of the Aspire ethos and, following engagement with our customers, stakeholders and colleagues regarding the direction of this plan, it's clear that it remains at the heart of everything we do, so we shaped it into our new Core Purpose… We put people first by delivering safe, decent homes and excellent housing services through our talented Aspire team 3 Our Values With the creation of our new Strategic Objectives and Core Purpose, we believed it was necessary to re-visit our Values to ensure they reflect what's important to our customers and colleagues. We champion the customer Because we… * Act on the customer's voice and walk side by side in their journey * Take responsibility for actions and mistakes and put things right We build togetherness Because we… * Create a work community and one-team approach * Value all of our colleagues and the contribution they make We are professional Because we… * Role model professional behaviours, being accountable and taking responsibility * Show respect and empathy for others * Do the right thing and keep our promises * Value the diversity of our communities, striving to ensure our services meet their needs * Demonstrate transparency and honesty in decision making 4 Our plan in summary Aspire's 2030 Plan All supported by… Our underpinning strategies/plans Our success measures Our core purpose Our values How we will deliver these Our three key objectives 5 Strategic objectives Aspire's 2030 Plan We've framed our strategic objectives across the three areas that matter the most to our customers and colleagues – our homes, our housing services and our Aspire team. We will measure the success of our objectives by using our key performance indictors (KPIs), Tenant Satisfaction Measures (TSMs) and all other elements of feedback by listening to the customer's voice and taking action to continuously improve services. Our homes Strategic objectives 2030 targets We will provide safe, decent and affordable homes What this looks like 1 A repairs service that meets customer needs, is cost effective and aims to achieve a firsttime fix 2 Have effective financial plans for long-term investment in our homes How we will measure them 1 Ensure all homes will be EPC C 2 We will have delivered 488 new homes 3 Invested £77m in existing homes 4 85% of customers will be satisfied with the time taken to complete most recent repair 3 Reduce the environmental impact of our homes and business 5 85% of customers will be satisfied with their repair in the last 12 months 4 Build new homes and regenerate communities 7 Strategic objectives Our housing services 2030 targets We will be customer service obsessed What this looks like 1 Involve customers in all that we do 2 Highly visible presence in our communities 3 Support to help sustain tenancies 4 Work in partnership to support our customers How we will measure them 1 85% of customers will be satisfied with Aspire Housing as their landlord 2 75% of customers will believe that we make a positive contribution to their neighbourhood 3 77% of customers will believe we listen and act on their feedback Strategic objectives Our Aspire team 2030 targets We will nurture an environment where colleagues can be their best What this looks like 1 Develop our colleagues and managers to be their best 5 Be brilliant at tackling anti-social behaviour 4 We will have supported 1,500 customers to sustain tenancies 2 Nurture a safe and inclusive workplace culture 3 Retain a diverse, talented workforce who champion People First 4 Attract people who share our values and aspirations How we will measure them 1 Colleague wellbeing survey engagement will be 90% or above 2 90% of colleagues would recommend us as a great place to work 3 90% of colleagues believe that we value diversity 9 Strategic objectives What we need to deliver them The 'enablers' are what we need to deliver on our strategic objectives and help us work smarter, simpler and slicker. Strong and effective leadership Robust regulatory framework with customer voice at the heart of decision making * Board excellence underpinned by diversity and collective strength * Obtain the highest level of governance and retain it * Customer voice informs corporate plan setting and decision taking Financial strength Effective and efficient use of resources * Maintain financial strength to deliver better outcomes for customers and to support the delivery of new homes * Optimise value for money and reduce waste * Continuously improve performance, regularly comparing against sector benchmarks IT and connectivity IT systems will support front line colleagues to deliver excellent services * Provide digital services that are simple for customers to use * Colleagues will have the technology and systems to deliver a People First service * Continue to invest in technology, explore AI and other innovative solutions Our underpinning plans for our strategic objectives Our plans to deliver on our strategic objectives will also be framed under our three focus areas of: our homes, our housing services and our team and resources. 11 Aspire Housing Kingsley The Brampton Newcastle-under-Lyme ST5 0QW www.aspirehousing.co.uk Registered office: Aspire Housing Limited, Kingsley, The Brampton, Newcastle-under-Lyme, Staffordshire ST5 0QW Registered with the Regulator of Social Housing L4238. A registered society with the Financial Conduct Authority, Registration Number 31218R.	<urn:uuid:ff5df4a9-56a4-4363-80d9-7050ada72a90>	CC-MAIN-2025-08	https://www.aspirehousing.co.uk/wp-content/uploads/2025/01/Corporate-Plan-2024-2030.pdf	2025-02-06T17:14:09+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2025-08/subset=warc/part-00125-b184e832-acd1-425a-bab7-895830f2748a.c000.gz.parquet	632,447,454	1,412	eng_Latn	eng_Latn	0.947236	eng_Latn	0.99712	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1658, 2734, 3901, 5134, 6456, 6802 ]
13” Triple Outdoor E-paper Display Ruggedized IK09 and IP67 rated outdoor e-paper displays are supplied in an aluminium enclosure with toughened front glass, optimized for pole mount or to any other fixed surface. With wireless, battery and solar capabilities as standard, all models come with optional illumination, interactive functions and text-to-speech modules. GENERAL \| Dimension (L x H x W) \| 274 x 1086 x 59 mm \| \|-----------------------\|--------------------\| \| Weight \| 16.7 kg (36.8 lb) \| \| Mounting type \| Custom pole clamp with security fixing \| \| Colour \| RAL 9006 \| DISPLAY \| Display resolution \| 1200 x 4800 pixels \| \|------------------------\|--------------------\| \| Active display area \| 203 x 810 mm \| \| Pigment \| Greyscale (16 levels of grey) \| \| Display type \| Reflective \| \| Illumination \| Embedded LED front illumination, adjustable \| \| Ambient light sensor \| Optional \| ENVIRONMENT \| Operating temperature \| -20°C to +70°C (-4°F to +158°F) \| \|------------------------\|---------------------------------\| \| Protection \| IK09 and IP67 \| CONNECTIVITY \| Communication \| Mobile network / WiFi / Ethernet \| \|------------------------\|----------------------------------\| \| Mobile network \| 3G or optional 4G/LTE \| \| Mobile network antenna \| Internal (external antenna optional) \| \| WiFi (optional) \| Dual band (2.4/5 GHz) 802.11 ac/b/g/n \| \| WiFi antenna (optional)\| External \| \| Ethernet (optional) \| 10/100/1000 Mbps \| ELECTRICAL \| Power supply \| 12 V DC (from AC mains via power supply) or 12 V DC solar panel \| \|------------------------\|------------------------------------------------------------------\| \| Power consumption \| 50 mA (without illumination) \| \| \| 80 mA (illuminated) \| \| Power consumption \| 70 mA (without illumination) \| \| (Text-to-speech) \| 100 mA (illuminated) \| \| Power consumption \| 80 mA (without illumination) \| \| (User interaction) \| 110 mA (illuminated) \| \| Power supply connector \| Support for full shutdown with timer \| \| \| Male 5-pin circular waterproof \| CERTIFICATIONS Certificate of Conformity, Environmental, Electromagnetic Compatibility (EMC), Radio Equipment Directive (RED), Ingress Protection Rating (min IP67), Impact Protection Rating (min IK09).	a434d76e-c032-4e5f-a6e1-a06adbb982cb	CC-MAIN-2022-21	https://www.papercast.com/wp-content/uploads/2018/02/Papercast_13inch_Triple_Outdoor_E-paper_Display_2021.pdf	2022-05-21T07:08:50+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2022-21/subset=warc/part-00103-bd7ecbba-8e15-4123-ae07-d9c98ad96845.c000.gz.parquet	1,070,594,926	564	eng_Latn	eng_Latn	0.828474	eng_Latn	0.828474	[ "eng_Latn" ]	true	docling	[ 2836 ]
Thoughts on the Process of Aging Howard Murad, MD In the past, dermatologists treated aging locally, without addressing much beyond the dermal layer or even at the cellular level. However, some systemic protocols have been illuminated in literature to significantly slow certain aging responses to external, internal, and emotional stressors. Accordingly, there are some data to justify changes to diet, stress level, and sleep habits, but researchers have yet to find a single theory that can collect the data and provide one systematic equation that produces universally predictable results locally and systemically, until now. This article will discuss the theories and scientific discoveries on aging, including current thoughts on therapeutic modalities, to offer a greater understanding of where future reseach on aging will be heading. T he mystery of aging has undoubtedly been studied and debated, but our comparatively modern studies of aging take us to Ancient Greece, where Hippocrates, the father of scientific medicine, developed theories to explain health and aging from an empirical prospective. Hippocrates developed an analytic framework that held sway in Europe until the Renaissance, in which he posited that the essential condition of the human body could be explained in terms of 4 main categories that mirrored the outside world: humid, dry, warm, and cold. He suggested that when we are young, we are humid and warm, and when we age, these 2 factors no longer prevail because the body moves into the dry and cold categories, which eventually dominate. 1 In Hippocratic terms, more Americans will be approaching and moving into the dry and cold category Dr. Murad is Dermatologist, Pharmacist, and Associate Clinical Professor of Medicine, University of California, Los Angeles; Director, Murad Inclusive Health Center and Murad Medical Group, El Segundo, California; Chief Executive Officer and Founder, Murad, Inc; and in private practice, Los Angeles. Dr. Murad is owner, Murad, Inc, and holds multiple patents for the products therein. Correspondence: Howard Murad, MD, 2121 Rosecrans Ave, 5th Floor, El Segundo CA 90245. as the population of individuals who are older than 65 in the United States increases. According to the Federal Interagency Forum on Aging-Related Statistics, in 2006 there were an estimated 37 million people who were 65 years or older in the United States, accounting for just over 12% of the total population. 2 The population of individuals who are older than 65 in 2030 is expected to be twice as large as in 2000, growing from 35 million to 71.5 million and representing nearly 20% of the total US population. 2 Because of this population increase, it stands to reason that the demand and funding for research on aging will likewise experience tremendous growth. This article will discuss modern theories and scientific discoveries on aging, including current thoughts on therapeutic modalities, in order to offer a greater understanding of where future research on aging will be headed. Aging Theories Aging is currently inescapable, and it is a marker that reflects biological changes as well as cultural and social conventions. 3,4 Looking at human aging as a biological phenomenon, we can see its adaptive characteristics, such as the wisdom and mature judgment we gain over time, but we can also see the detrimental characteristics, such as physical and mental limitations, as well as a decline in the function of our senses, organs, and immune functions. 5-7 74 Cosmetic Dermatology ® * february 2009 • Vol. 22 No. 2 To explain why all of this may occur, approximately 300 theories have been suggested on aging. These theories diverge considerably. Many are outdated and are only useful in a historical perspective. Others completely overlap, and still more have no experimental data to support or refute them. However, an examination of these hypotheses of aging is useful in understanding current scientific thought on the subject. The bulk of aging theories falls into 2 categories: biological and societal. Famous biological aging theories include the somatic mutation theory of aging, error accumulation theory, cross-linking theory, accumulation theory, program theory, theory of autoimmunization, and membrane hypothesis/cellular theory. Societal theories of aging include hypotheses that acknowledge the extrabiological forces that have an impact on the process of aging. Various authors such as Strehler, Platt, Esposito, Harrison, and Hayflick have tried to create logical systematic overviews. 4,8,9 But their theories, for various reasons, have been criticized. Esposito 9 did, however, create a classification system in 1983 that has done much to help sort and categorize the theories. His classification of aging theories employs analysis that divides theories of aging into 3 groups: causal, systemic, and evolutionary. 8-10 The foundation for causal explanations of aging is the assumption that the effects of sporadic, random physicochemical changes may accumulate in complex biological systems and cause the appearance of aging. Some of the wellrecognized causal theories include the theory of somatic mutations, the theory of genetic mutations, the wear-andtear theory, the cross-linking theory (ie, glycation), and the accumulation theory. The basis for systemic theories is that aging is a consequence of interactions between various systems (organs) of vital importance to an organism. A few of the many systemic explanations include the program theory of aging, the theory of expired programs, the theory of autoimmunization, and organic explanations of aging. 8,9 Lastly, evolutionary theories consider aging as an adaptive process. For the most part, these theories favor the idea that pleiotropic genes exist, and these genes are thought to determine the specific aging rate for each species. Thus far, interpretations are highly speculative. 4,8 Causal Theories of Aging Cellular Damage—Regardless of the category into which the hypothesis falls, a plausible aging theory and process have eluded scientists until now. The most compelling current theory is the water principle, which states that cells and connective tissue lose their ability to reproduce because of accumulated damage and resultant water loss. The water principle, which builds on Nagy's membrane hypothesis of aging theory, acknowledges that therapeutic modalities must address cell and connective tissue damage through prevention and repair, which will assist in maintaining adequate hydration for optimal regenerative functions. 7 Nagy's membrane hypothesis of aging theory interprets the cellular changes characteristic of senescence as structural and functional alterations occurring throughout life to every cell's plasma membrane because of free-radical– induced cross-linking of proteins and lipids, molecular damage, and residual heat formed during each discharge of the resting potential (although the system is probably more complex than that). Damaged plasma membrane is continually renewed through de novo synthesis, but certain accumulations of residual damage are inevitable. The implication is that there are functional changes within the cells, such as a gradual decrease in potassium permeability, with an increase in intracellular potassium content and a consequent colloid condensation. It also implies that there is a loss of intracellular water and an increase in dry mass content, which inhibits enzyme activity, decreases rates of RNA, and decreases the activity of the gene for protein synthesis. In addition, it suggests that there is an accumulation of waste products in cells (lipofuscin). 8,11,12 Reactive oxygen species (ROS) are one of the factors that have been documented to contribute to cellular damage and aging. Microbes, inflammation, and neuropeptides may also play a role. As such, addressing ROS is just one part of the larger picture. There may be many other factors, sometimes overlapping, that cause cell membrane damage, which may lead to intrinsic, extrinsic, and hormonal aging. For example, with the aging process, the skin develops an ability to create a disproportionate immune response, one that goes beyond what is needed to repair the environmental insult or stress-induced damage. More specifically, the immune response produces an overaccumulation of ROS and matrix metalloproteinases, enzymes that degrade the skin matrix and enhance the external symptoms of aging. 13 Although the scientific inclination is to reduce or prevent ROS formation, there is still no evidence in human studies that removing ROS before they cause too much damage will actually extend life. Nonetheless, many experiments have shown that curtailing their unruly behavior can slow age-related changes, including those on the skin. 14,15 Stress and Telomere Shortening—Along the same lines, much literature has been devoted to stress and aging because studies have shown that stress impairs longevity. 16 Internal, external, and emotional triggers age skin as they create microinflammatory pathways; additionally, cutaneous aging can be linked to systemic stress. 17 Reports indicate that many Americans are currently experiencing higher levels of stress than at any other time in recorded history. Whereas stress is categorized in Vol. 22 No. 2 • february 2009 •Cosmetic Dermatology ® 75 The Process of Aging 3 ways (acute stress, episodic acute stress, and chronic stress), because of technological advancements, global events, and the rapid rate of communication, it has become necessary to add another category, termed cultural stress, to accurately reflect the changing events in human history. Cultural stress is a new type of stress that is superimposed on the normal stresses of everyday life because of digital technology, increased population and affluence, and world-changing events such as those that occurred on September 11, 2001. Cultural stress is pervasive and constant. 18 Within the constraints of aging, stress has been shown to stimulate the release of hormones and neurotransmitters, which can cause systemic inflammation, and inflammation can lead to connective tissue and cellular damage. 19 However, further research linking cultural stress and cutaneous aging is needed to definitively understand the causative relationship and whether the rate of stress-induced aging is increasing. With regard to the rate of aging, one provocative finding has linked stress and telomere shortening and has illuminated a causative relationship that produces aging. 17 Telomeres form the ends of chromosomes, and, as an organism ages, they naturally shorten with each cell division. Growing evidence shows that telomere shortening may be indicative of increased cellular damage and risk for diseases such as cancer. 20 In addition, it has been theorized that telomere length could be useful as a biomarker of aging. The Water Hypothesis In the final analysis, regardless of what causes the damage or initiates aging, the common pathway is water loss, not only in the cell and plasma membrane, but also in the connective tissue. 7 By supporting and regulating cellular hydration and volume, we maintain optimal cell functions. 21 Simply put, when cells are not fully hydrated, they cannot function at optimal levels and this leads to aging. When cells deteriorate, disorders, diseases, and death occur. One study illustrates this process clearly as it shows that the elderly, especially if diseased, display reduced intracellular water. 22 Because water is essential to life, as all metabolic processes occur in a water vehicle, life has been described as a process during which a highly hydrated state of fertilized oocytes, embryos, and newborns is transformed into a gradually more and more dehydrated state. 8 This process is useful until an organism reaches its optimum performance, requiring a given amount of enzymes, muscle fibers, collagen, and neurofilaments, among others. Unfortunately, the tendency for cellular dehydration continues with age progression. This dehydration helps accumulate intracellular dry mass, which has serious consequences. First, it slows down and stops an organism's growth. Second, further increase in the physical density of cell colloids compromises basic cellular functions and this increases free-radical efficiency and damage. Lastly, the in situ enzyme catalytic rate constants are all strongly dependent on the density of their microenvironment. 11,12 In sum, reducing and repairing oxidative stress and its resultant cellular damage may help stave off cellular aging as cells and connective tissue maintain optimal hydration. 14 Additionally, it is plausible that water, life's most natural and valuable element, may offer a solution to the aging process as it formulates the basis for the water principle, which addresses cellular aging changes both topically and internally. Therapeutic Modalities There are many internal and external catalysts for oxidative stress that lead to aging, including but not limited to photodamage, chronic inflammation, microbial invasion, emotional or life stress, sleeplessness, hormonal imbalance, neuropeptide imbalance, and matrix metalloproteinases. Moreover, oxidative stress is involved in several diseases, such as cancer and cardiovascular, Parkinson, and Alzheimer diseases. Systematic Modalities Nature has provided us with antioxidants, which neutralize ROS and even prevent them. 23 Antioxidants, in general, are well known for their health benefits as protectants against the deleterious effects of aging and inflammation. 24 Internal recommendations, such as supplements, fruits, vegetables, good fats, and minerals, are necessary to treat aging and age-associated disease. 25,26 Omega-3 essential fatty acids, in particular eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA), have been shown to inhibit the production of inflammatory mediators that begin the inflammation cascade. Omega-3 essential fatty acids reduce inflammation caused by prostaglandins and by exposure to UV radiation. 27,28 Also, B vitamins have been shown to provide many cellprotective benefits, specifically, vitamin B12, which can be found in fish, poultry, low-fat and nonfat dairy products, fortified soy milk, eggs, and brewer's yeast, may combat age-related brain degeneration. 29 Beyond reducing cell damage, certain foods and dietary supplements are known to encourage cell membrane strengthening. Specifically, foods that contain lecithin help rebuild tissues and help build strong cell membrane walls. 19 Lecithin is composed mainly of phosphatidylcholine, which is a major component of cellular membranes. Essential fatty acids, in addition to being necessary for normal cellular function, have also been indicated to assist in promoting cell wall integrity and may slow neurodegenerative brain diseases associated with aging. 30 76 Cosmetic Dermatology ® * February 2009 • Vol. 22 No. 2 From an emotional perspective, stress and anxiety can trigger cellular water loss through perspiration. In addition, acne and eczema are known to flare in response to elevated stress hormone release, compromising tissues. 18,31 Stress has been shown to accelerate the aging process because it encourages poor health and immune function. 32 Stress modulates the rate of cellular aging because it is significantly associated with higher oxidative stress, lower telomerase activity, and shorter telomere length, which are known determinants of cell senescence and longevity. 32 Stress is also known to cause sleep disorders, which interrupt the body's immune response and natural restorative processes such as wound healing. 18,33 Hypertension is a side effect of lack of sleep, as well as confusion, memory loss, and depression. 34-36 The body requires sleep to metabolize glucose, and as such, sleep loss can lead to diabetes. 37 Cutaneous Modalities To reduce oxidative cell damage topically, photodamage must be reduced. Countless studies have addressed cutaneous aging, and some of the most important research involves the protective properties of antioxidants, not only externally but also internally. Moreover, because the skin barrier is a crucial part of the immunity response, a topical regimen must address cutaneous integrity and maintenance. As structural changes occur in the skin because of aging and excessive sun exposure, cutaneous functions, such as protection, secretion, absorption, and thermoregulation, are detrimentally affected by as much as 60%. 14 Numerous experiments and vast amounts of research have been devoted to topical therapies that strengthen and fortify the skin's barrier function. Although not an exhaustive list, the methods include different forms of exfoliation, lipid preservation, cosmeceutical use, and sun protection. Generally, topical treatment may include any combination of synthetic or botanical ingredients, such as as a- and b-hydroxy acids, enzymes, retinoids, humectants, topical antioxidants like vitamin C, and inflammation abators. 15 Going further, to explain how some topical aging changes may occur, research has explored the mindskin-body relationship and has found an elaborate interrelationship that has been termed the neuro-immunocutaneous-endocrine network. 38 The data show that the network involves the central nervous system and the skin and reveals specific communication molecules originating in both systems that link mind and body in wellness and disease. Through the use of this network, certain external stress-reduction techniques and treatments, such as massage and mind/body exercises (eg, tai chi, yoga, qi gong) may provide immune system benefits, thus improving cutaneous inflammation responses. 39 In sum, it may be possible to slow aging through topical interventions that address cutaneous aging, such as photodamage, internal protocols to adjust diet and nutrition, and emotional support programs, which reduce stress and minimize its effects on hormones and sleep. Conclusion Various theories have been put forth in an attempt to explain the process of aging. Many theories may contain some truths and have provided some insights. It is likely that aging has a genetic component in addition to other components. Science understands some of the mechanics of aging, but the complete process has yet to be uncovered. What has been elucidated through scientific research is that there are indeed connections between cellular decline and water loss in all systems, and this offers more support for the water principle as an all-embracing aging theory. Current scientific discoveries, cellular research, and established therapeutic modalities for addressing aging have led the field of cosmetic dermatology to look to the water principle as a more comprehensive theory on aging that addresses both local and systemic symptoms. The future lies in the creation/use of a more comprehensive approach that addresses water loss and simultaneously reduces cell and connective tissue damage, whatever the cause. It is possible to accomplish these goals with topical care to prevent environmental assaults, internal solutions to flood the body with essential nutrients, stress reduction to keep hormone levels in balance, and programs that encourage restorative sleep. References 1. Humorism. Wikipedia. http://en.wikipedia.org/wiki/Humorism. Accessed October 3, 2008. 2. Highlights. Federal Interagency Forum on Aging-Related Statistics. http://agingstats.gov/agingstatsdotnet/Main_Site /Data/2008_Documents/slides/Economics-OA_2008.ppt. Accessed September 19, 2008. 3. Aldwin CM, Gilmer DF. Health, Illness, and Optimal Aging: Biological and Psychosocial Perspectives. Thousand Oaks, CA: Sage Publications; 2003. 4. Kirkwood TB. The origins of human ageing. Philos Trans R Soc Lond B Biol Sci. 1997;352:1765-1772. 5. Bittles AH. Human ageing: a cellular phenomenon or evolutionary determinant? Int J Antropol. 1986;1:289-295. 6. Birren JE, Schaie KW, Abeles RP, et al. Handbook of the Psychology of Aging. Boston, MA: Academic Press; 2005. 7. Murad H. Skin immunity–the new anti-aging frontier. Les Nouvelles Esthetiques Spa. 2008;7:130-136. 8. Zs-Nagy I. The Membrane Hypothesis of Aging. Sark, Great Britain: International Antiaging Systems; 2003. 9. Esposito JL. Conceptual problems in theoretical gerontology. Perspect Biol Med. 1983;26:522-546. 10. Kyriazis M. The Cross-linking Theory of Aging. Sark, Great Britain: International Antiaging Systems; 2003. 11. Zs-Nagy I. The membrane hypothesis of aging: its relevance to recent progress in genetic research. J Mol Med. 1997;75:703-714. Vol. 22 No. 2 • february 2009 •Cosmetic Dermatology ® 77 The Process of Aging 12. Zs-Nagy I. Enzyme activities in the light of the membrane hypothesis of aging [An answer to K. Kitani, Mech. Ageing Dev. 107 (1999), 299-322]. Mech Aging Dev. 2001;122:811-821. 13. Ferguson MW, O'Kane S. Scar-free healing: from embryonic mechanisms to adult therapeutic intervention. Phil Trans R Soc Lond B Biol Sci. 2004;359:839-850. 14. Murad H. Sealed for your protection. Dermascope. Sept 2008;33:79-86. 15. Murad H, Tabibian MP. The effect of an oral supplement containing glucosamine, amino acids, minerals, and antioxidants on cutaneous aging: a preliminary study. J Dermatolog Treat. 2001;12:47-51. 16. Riddle CC, Liu D, Aires DJ. Antiaging: where are the data? Cosmet Dermatol. 2007;20:313-320. 17. Sapolsky RM. Organismal stress and telomeric aging: an unexpected connection. Proc Natl Acad Sci U S A. 2004;101:17323-17324. 18. Murad H. Look again, what did you miss…? Dermascope. July 2008;33:87-92. 19. Murad H. The Cellulite Solution: A Doctor's Program for Losing Lumps, Bumps, Dimples, and Stretch Marks. New York, NY: St. Martin's Press; 2005. 20. Jiang H, Ju Z, Rudolph KL. Telomere shortening and ageing. Z Gerontol Geriatr. 2007;40:314-324. 21. Lang F, Waldegger S. Regulating cell volume. Am Sci. 1997;85: 456-463. 22. Ritz P, Investigators of the Source Study and of the Human Nutrition Research Centre-Auvergne. Chronic cellular dehydration in the aged patient. J Gerontol A Biol Sci Med Sci. 2001;56: M349-M352. 23. Frei B. Efficacy of dietary antioxidants to prevent oxidative damage and inhibit chronic disease. J Nutr. 2004;134:3196S-3198S. 24. Hu HL, Forsey RJ, Blades TJ, et al. Antioxidants may contribute in the fight against ageing: an in vitro model. Mech Ageing Dev. 2000;121:217-230. 25. Meydani M. Nutrition interventions in aging and age-associated disease. Ann N Y Acad Sci. 2001;928:226-235. 26. Cutler RG. Antioxidants and aging. Am J Clin Nutr. 1991;53 (suppl 1):373S-379S. 27. Danno K, Ikai K, Imamura S. Anti-inflammatory effects of eicosapentaenoic acid on experimental skin inflammation models. Arch Dermatol Res. 1993;285:432-435. 28. Storey A, McArdle F, Friedmann PS, et al. Eicosapentaenoic acid and docosahexaenoic acid reduce UVB- and TNF-alpha-induced IL-8 secretion in keratinocytes and UVB-induced IL-8 in fibroblasts. J Invest Dermatol. 2005;124:248-255. 29. Vogiatzoglou A, Refsum H, Johnston C, et al. Vitamin B12 status and rate of brain volume loss in community-dwelling elderly. Neurology. 2008;71:826-832. 30. Youdim K, Martin A, Joseph JA. Essential fatty acids and the brain: possible health implications. Int J Dev Neurosci. 2000;18:383-399. 31. Lee SW, Tsou AP, Chan H, et al. Glucocorticoids selectively inhibit the transcription of the interleukin 1 beta gene and decrease the stability of interleukin 1 beta mRNA. Proc Natl Acad Sci U S A. 1998;85:1204-1208. 32. Epel E, Blackburn EH, Lin J, et al. Accelerated telomere shortening in response to life stress. Proc Natl Acad Sci U S A. 2004;101: 17312-17315. 33. Redwine L, Hauger RL, Gillin JC, et al. Effects of sleep and sleep deprivation on interleukin-6, growth hormone, cortisol, and melatonin levels in humans. J Clin Endocrinol Metab. 2000;85: 3597-3603. 34. Egan BM. Sleep and hypertension: burning the candle at both ends really is hazardous to your health. Hypertension. 2006;47: 816-817. 35. US Food and Drug Administration. Coping with memory loss. http://www.fda.gov/consumer/features/memoryloss0507.html. Accessed September 23, 2008. 36. Ullman K. Doctors waking up to benefits of sleep deprivation treatment for depression. http://www.webmd.com /news/19991116/benefits-sleep-deprivation-depression. Accessed September 23, 2008. 37. Van Cauter E, Knutson K, Leproult R, et al. The impact of sleep deprivation on hormones and metabolism. http://www.medscape .com/viewarticle/502825. Accessed October 27, 2008. 38. O'Sullivan RL, Lipper G, Lerner EA. The neuro-immunecutaneous-endocrine network: relationship of mind and skin. Arch Dermatol. 1998;134:1431-1435. 39. Brazzini B, Ghersetich I, Hercogova J, et al. The neuro-immunocutaneous-endocrine network: relationship between mind and skin. Dermatol Ther. 2003;16:123-131. n 78 Cosmetic Dermatology ® * February 2009 • Vol. 22 No. 2	<urn:uuid:199a9e47-ccb4-42f3-9342-600a9f460e46>	CC-MAIN-2013-20	http://cosderm.com/PDF/022020074.pdf	2013-05-23T14:55:54Z	s3://commoncrawl/crawl-data/CC-MAIN-2013-20/segments/1368703334458/warc/CC-MAIN-20130516112214-00028-ip-10-60-113-184.ec2.internal.warc.gz	63,867,591	5,514	eng_Latn	eng_Latn	0.921426	eng_Latn	0.989772	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 3589, 9395, 15006, 20741, 24992 ]
Palm Beach County Board of County Commissioners Mack Bernard, Mayor Dave Kerner, Vice Mayor Hal R. Valeche Gregg K. Weiss Robert S. Weinroth Mary Lou Berger Melissa McKinlay County Administrator Verdenia C. Baker Houston L. Tate OCR Director Ruth Moguillansky OCR Principal Planner Vivian Brooks Senior Planner ChrystalMathews Senior Planner Audley G. Reid Senior Planner William Wynn Senior Planner 2300 N Jog Rd. 2-East West Palm Beach, Fl 33411 Countywide Community Revitalization Team Meeting 561.233.5168 www.pbcgov.org/ocr Tuesday March 19, 2019 10:00 A.M. – 11:30 A.M. Palm Beach County Vista Center 2300 N Jog Rd. Rm VC 1E-60 WEST PALM BEACH, FL 33411 Amanda Kulics, Health Benefits Outreach Coordinator Area Agency on Aging Palm Beach/Treasure Coast, Inc. The presenter for this meeting will be Amanda Kulics, Health Benefits Outreach Coordinator, Area Agency on Aging. Amanda started working with the Area Agency on Aging in October of 2014, where she provided case support to individuals attempting to gain access to in home services through the HCBS Medicaid program. In December of 2015, Amanda joined the SHINE team. Amanda is passionate about helping seniors and adults with disabilities find the tools they need to remain healthy, active, and in their communities. This meeting will focus on the "SHINE Program". What is SHINE? (Serving Health Insurance Needs of Elders) SHINE is funded by the Centers for Medicare & Medicaid Services and is administered by the Florida Department of Elder Affairs. SHINE volunteers provide free and unbiased information to Medicare beneficiaries, disabled adults, their caregivers, community groups and more. During her presentation, Mrs. Kulics will discuss understanding Medicare, Medicaid, and how the SHINE program can empower Medicare recipients to make informed health care decisions. It will also focus on helping Medicare Beneficiaries gain access to financial assistance programs designed to work with Medicare. Please join the Countywide Community Revitalization Team (CCRT) members for this public meeting. This meeting will also be an opportunity to network with county agencies, OCR partners, and other community leaders who, like yourself, are making a difference in their community. Join us in the conversation. We look forward to seeing you and your neighbors! If you have any questions, please contact OCR Director Houston L. Tate, at 233-5303, [email protected] or Ruth Moguillansky, OCR principal Planner, at 233-5376, [email protected] Light refreshments will be served. The meeting will begin promptly at 10:00 a.m. Thank You!	<urn:uuid:93f52dc7-ea23-4908-bb8a-7d4c94c11794>	CC-MAIN-2023-14	https://discover.pbcgov.org/ocr/CCRTMinutesAgendas/March%20CCRT%20Meeting%20Flyer%203-19-19.pdf	2023-03-23T18:27:30+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2023-14/subset=warc/part-00031-39c03058-7d78-443d-9984-102329513e3d.c000.gz.parquet	253,047,758	604	eng_Latn	eng_Latn	0.98327	eng_Latn	0.98327	[ "eng_Latn" ]	false	rolmOCR	[ 2632 ]
" B This document is meant purely as documentation tool and the institutions do not assume any liability for its contents COMMISSION REGULATION (EEC) No 752/93 of 30 March 1993 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods (OJ L 77, 31.3.1993, p. 24) Amended by: " M1 Commission Regulation (EC) No 1526/98 of 16 July 1998 No L 201 Official Journal page 47 date 17.7.1998 M1 COMMISSION REGULATION (EEC) No 752/93 of 30 March 1993 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 on the export of cultural goods THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3911/92 of 9 December 1992 ( 1 ) on the export of cultural goods, and in particular Article 7 thereof, After consulting the Advisory Committee on Cultural Goods, Whereas it is necessary to adopt provisions for the implementation of Regulation (EEC) No 3911/92, which provides, inter alia, for the establishment of an export licensing system for certain categories of cultural goods defined in the Annex to that Regulation; Whereas in order to ensure that the export licences provided for by the said Regulation are uniform it is necessary to lay down rules governing the drawing up, issuing and use of the form; whereas to that end a specimen licence should be drawn up; Whereas export licences must be made out in one of the official languages of the Community, HAS ADOPTED THIS REGULATION: SECTION I Form of licence Article 1 1. There shall be three types of licences for the export of cultural goods which shall be issued and used in accordance with Council Regulation (EEC) No 3911/92, hereinafter called the 'Basic Regulation', and with this implementing Regulation: — the standard licence, — the specific open licence, — the general open licence. 2. The use of export licences shall in no way affect obligations connected with export formalities or related documents. 3. Export licence forms shall be provided on request by the competent authority or authorities referred to in Article 2 (2) of the basic Regulation. Article 2 1. A standard licence shall normally be used for each export subject to the Basic Regulation. However each individual Member State concerned may decide whether or not it wishes to issue any specific or general open licences which may be used instead if the specific conditions relating to them are fulfilled as set out in Articles 10 and 13. 2. A specific open licence shall cover the repeated temporary export of a specific cultural good by a particular person or organisation as set out in Article 10. M1! B 3. A general open licence shall cover any temporary export of any of those cultural goods that form part of the permanent collection of a museum or other institution, as set out in Article 13. 4. A Member State may revoke any specific or general open licence at any time if the conditions under which it was issued are no longer met. It shall inform the Commission immediately if the licence issued is not recovered and could be used irregularly. The Commission shall immediately inform the other Member States. 5. Member States may introduce whatever reasonable measures they deem necessary in their national territory to monitor the use of their own open licences. SECTION II The standard licence Article 3 1. " M1 Standard licences shall be issued on the form, a model of which is in Annex I. 3 The form shall be printed on white paper without mechanical pulp, dressed for writing purposes and weighing not less than 55 grams per square metre. 2. Forms shall measure 210 × 297 mm. 3. Forms shall be printed and filled out in an official language of the Communities designated by the competent authorities of the issuing Member State. The competent authorities of the Member State in which the form is presented may ask for it to be translated into the language, or one of the official languages, of that Member State. In this case, the translation costs shall be met by the licence holder. 4. Member States shall be responsible: — for having the forms printed, bearing the printer's name and address or identifying mark, — for taking any measure necessary in order to avoid the forging of forms. The means of identification adopted by Member States for this purpose shall be notified to the Commission, for communication to the competent authorities of the other Member States. 5. Forms shall preferably be filled in by mechanical or electronic means. However, the application may be filled in legibly by hand; in the latter case it shall be written in ink and in block capitals. Whatever the process used, forms shall not contain erasures, overwritten words or other alterations. Article 4 1. Without prejudice to paragraph 3, a separate export licence shall be issued for each consignment of cultural goods. 2. For the purposes of paragraph 1 a consignment shall mean either a single cultural object of a number of cultural objects. 3. Where a consignment comprises of a number of cultural objects, it is for the competent authorities to determine whether one or several export licences should be issued for the consignment in question. Article 5 The form shall comprise three sheets: — one sheet, marked as No 1, which shall constitute the application, — one sheet, marked as No 2, for the holder, — one sheet, marked as No 3, which shall be returned to the issuing authority. 1. The applicant shall complete boxes 1, 3 to 19 A and 21 and, if necessary, 23 of the application and the other sheets. However, Member States may provide that only the application need be completed. 2. The application shall be accompanied by: — documentation providing all relevant information on the cultural object(s) and its (their) legal status at the time when the application is made, by means of any supporting documents (invoices, expert appraisals etc). where appropriate, — a duly authenticated photograph or, where appropriate and at the discretion of the competent authorities, photographs in black and white or in colour (measuring at least 8 cm by 12 cm) of the cultural goods in question. This requirement may be replaced, where appropriate and at the discretion of the competent authorities, by a detailed list of the cultural goods. 3. The competent authorities may require, for the purposes of issuing an export licence, the physical presentation of the cultural goods to be exported. 4. Any costs incurred by the application of paragraphs 2 and 3 shall be met by the applicant requesting the export licence. 5. In order that an export licence may be granted, the duly completed form shall be presented to the competent authorities designated by the Member States pursuant to Article 2 (2) of the basic Regulation. When the authority has granted the export licence, copy 1 shall be kept by that authority and the remaining copies shall be returned to the holder of the export licence or to his authorized representative. Article 7 The following shall be presented in support of the export declaration: — the sheet for the holder, — the sheet to be returned to the issuing authority. Article 8 1. The customs office authorized to accept the export declaration shall ensure that the items of information given on the export declaration are in conformity with those given on the export licence and that reference is made to that licence in box 44 of the export declaration. It shall take suitable measures for identification purposes. The measures may consist in the affixation of a seal or stamp of the customs office. The export licence form, a copy of which is attached to sheet 3 of the single administrative document, shall be returned to the issuing authority. 2. After completing box 19B the customs office authorized to accept the export declaration shall return to the declarant or to his authorized representative the sheet intended for the holder. 3. The authorization form, which shall be returned to the issuing authority, must accompany the consignment to the customs office at the point of exit from the Community. The customs office shall, if necessary, fill in box 5 of the form and affix its stamp to box 22, and return it to the holder of the export licence or his authorized representative in order that the form may be sent back to the issuing authority. Article 9 1. The period of validity of export licences shall not exceed twelve months from the date of issue. 2. In the case of an application for temporary exportation, the competent authorities may specify the time limit within which the cultural goods must be reimported into the issuing Member State. ! B ! M1 3. Where an export licence expires without having been used, the holder shall immediately return to the issuing authority the sheets in his possession. SECTION III Open licences CHAPTER 1 Sp e c i f i c o p e n l i c e n c e s Article 10 1. Specific open licences may be issued for a specific cultural good which is liable to be temporarily exported from the Community on a regular basis for use and/or exhibition in a third country. The cultural good must be owned by, or be in the legitimate possession of, the particular person or organisation that uses and or exhibits the good. 2. A licence may only be issued provided the authorities are convinced that the person or organisation concerned offers all the guarantees considered necessary for the good to be returned in good condition to the Community and that the good can be so described or marked that there will be no doubt at the moment of temporary export that the good being exported is that described in the specific open licence. 3. A licence may not be valid for a period that exceeds five years. Article 11 The licence shall be presented in support of a written export declaration or be available in other cases for production with the cultural goods for examination upon request. The competent authorities of the Member State in which the licence is presented may ask for it to be translated into the language, or one of the official languages, of that Member State. In this case, the translation costs shall be met by the licence holder. Article 12 1. The customs office authorised to accept the export declaration shall ensure that the goods presented are those described on the export licence and that a reference is made to that licence in box 44 of the export declaration if a written declaration is required. 2. If a written declaration is required then the licence must be attached to copy 3 of the single administrative document and accompany the good to the customs office at the point of exit from the customs territory of the Community. Where copy 3 of the single administrative document is made available to the exporter or his representative, the licence shall also be made available to him for use on a subsequent occasion. CHAPTER 2 Ge n e r a l o p e n l i c e n c e s Article 13 1. General open licences may be issued to museums or other institutions to cover the temporary export of any of the goods that belong to their permanent collection that are liable to be temporarily exported from the Community on a regular basis for exhibition in a third country. ! M1 2. A licence may only be issued if the authorities are convinced that the institution offers all the guarantees considered necessary for the good to be returned in good condition to the Community. The licence may be used to cover any combination of goods in the permanent collection at any one occasion of temporary export. It can be used to cover a series of different combinations of goods either consecutively or concurrently. 3. A licence may not be valid for a period that exceeds five years. Article 14 The licence shall be presented in support of the export declaration. The competent authorities of the Member State in which the licence is presented may ask for it to be translated into the language, or one of the official languages, of that Member State. In this case, the translation costs shall be met by the licence holder. Article 15 1. The customs office authorised to accept the export declaration shall ensure that the licence is presented together with a list of the goods being exported and which are also described in the export declaration. The list shall be on the headed paper of the institution and each page shall be signed by one of the persons from the institution and named on the licence. Each page shall also be stamped with the stamp of the institution as placed on the licence. A reference to the licence must be made in box 44 of the export declaration. 2. The licence shall be attached to copy 3 of the single administrative document and must accompany the consignment to the customs office at the point of exit from the customs territory of the Community. Where copy 3 of the single administrative document is made available to the exporter or his representative the licence shall also be made available to him for use on a subsequent occasion. CHAPTER 3 For m s f or t h e l i c e n c e s Article 16 1. Specific open licences shall be issued on the form, a model of which is in Annex II. 2. General open licences shall be issued on the form a model of which is in Annex III. 3. The licence form shall be printed in one or more of the official languages of the Community. 4. The licence shall measure 210 × 297 mm. A tolerance of up to minus 5 mm or plus 8 mm in the length shall be allowed. The paper used shall be white, free of mechanical pulp, dressed for writing purposes and weigh at least 55 g/m 2 . It shall have a printed guilloche pattern background in light blue such as to reveal any falsification by mechanical or chemical means. 5. The second sheet of the licence, which shall not have a guilloche pattern background, is for the exporter's own use or records only. The application form to be used shall be prescribed by the Member State concerned. 6. Member States may reserve the right to print the licence forms or may have them printed by approved printers. In the latter case, each must bear a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or stamped, by which it can be identified. 7. Member States shall be responsible for taking any measure necessary in order to avoid the forging of licences. The means of identification adopted by Member States for this purpose shall be notified to the Commission, for communication to the competent authorities of the other Member States. ! M1! B 8. Licences shall be made out by mechanical or electronic means. In exceptional circumstances they may be made out by black ball point pen in block capitals. They shall not contain erasures, overwritten words or other alterations. SECTION IV General provisions Article " M1 17 3 This Regulation shall enter into force on 1 April 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX " M1 I 3 EUROPEAN COMMUNITY — CULTURAL GOODS B B M1 ANNEX II Model of form for specific open licences and copies thereof ANNEX III Model of form for general open licences and copies thereof	<urn:uuid:60ff1ef3-2140-409f-8b25-1b137e207278>	CC-MAIN-2024-51	https://www.law-archaeology.gr/images/arxeia/EC.en.752.93.PDF	2024-12-09T22:22:49+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-51/subset=warc/part-00002-b392068a-8e35-4497-8fab-a691b1a71843.c000.gz.parquet	799,587,441	3,189	eng_Latn	eng_Latn	0.879002	eng_Latn	0.977374	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "unknown", "unknown", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 457, 2752, 5553, 8761, 11330, 14719, 15165, 15218, 15221, 15224, 15299, 15370 ]
2022 Near Surface Research Award Winner, Heidi Harwick, University of Texas at San Antonio BIOGRAPHY Heidi Harwick attended high school in Arvada, Colorado, and then served in the U.S. Marine Corps as an intelligence analyst from 1996 to 2001. She has lived in the Floresville, Texas area since 2005, after moving from California. She worked in the administrative field from 2001 to 2008, then as a proposal production specialist for business development from 2008 to 2019. Heidi attended the Alamo Colleges in San Antonio beginning in 2008, graduating with an associate's degree in geology in 2012. She transferred to the University of Texas at San Antonio in 2013, graduating with a B.S. in geology in 2018. Heidi continued at UTSA for graduate school, earning her graduate certificate in GIS and M.S. in Geosciences in 2022. Her research interests include geology, geophysics, groundwater, and GIS. Her goals are to obtain her Texas Professional Geologist certification and apply her education to work as a professional geologist in the San Antonio area. ABSTRACT This project is a study of the University of Texas at San Antonio campus, which lies within the Balcones Fault Zone and the Edwards Aquifer in South Central Texas. It uses integrated methods to gather data using GIS, geological mapping, well information, and geophysical methods to characterize the structural geology that governs the water flow into the aquifer. This case study should provide information on recharge pathways into the aquifer, as well as show how integrated methods can more effectively describe a study area's hydrogeology and integrate geoscientific tools and methods. Detailed subsurface models are needed to provide accurate information and inform decision making for groundwater suitability and geotechnical stability investigations. Research into faults and fractures in karst aquifers is needed to define how groundwater interacts with or moves through these features, which will result in better models of groundwater flow paths. Use of multiple research methods, rather than a singular technique, is beneficial due to unpredictable site characteristics and highly variable hydrogeological properties of faulted karst systems such as the Edwards Aquifer. Incorporating geophysical data with traditional geologic methods enables broader data gathering on groundwater flow paths and contributes to more comprehensive models. Structural features, including fractures and faults, direct groundwater flow paths by concentrating or restricting flow, resulting in complex flow circulation patterns. Understanding how faults control groundwater flow will contribute to improved models for faulted karst systems, giving insight into what factors are related to their variability. While karst topography is variable depending on the study location, groundwater flow for all karst systems is affected by regional faulting, changes to the flow cross-sectional area, and karst features related to dissolution. In the Edwards Aquifer in San Antonio, Texas, karst development plus faulting and fracturing in the Balcones Fault Zone have compartmentalized the aquifer and created unique groundwater flow paths. Regional faulting partially controls groundwater flow, which generally moves down dip before being redirected northeast. Faulting reduces the cross-sectional area of the aquifer, especially in areas with greater vertical dislocation. Fault offsets place permeable rock adjacent to less permeable rock, decreasing the aquifer's effective thickness as displacement increases. Additionally, secondary porosity such as that found at fault intersections or karst features are the likely cause of discontinuous high transmissivity zones. The focus of this research will be the underlying structure of the study area. The goal is to better understand the fault block located between the two northeast-trending fault strands and associated structures. This study's findings will identify the relationship between these structures, variations in the stratigraphy, and their effect on the movement of groundwater in the study area.	<urn:uuid:8c30822d-9418-4b82-aaa0-942667a48341>	CC-MAIN-2023-14	https://seg.org/Portals/0/SEG/News%20and%20Resources/Near%20Surface/2022%20NS%20Research%20Award%20Winner%20Heidi%20Harwick.pdf?ver=2022-11-22-064144-657	2023-03-27T00:16:04+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2023-14/subset=warc/part-00188-39c03058-7d78-443d-9984-102329513e3d.c000.gz.parquet	612,759,501	782	eng_Latn	eng_Latn	0.995342	eng_Latn	0.995071	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 2996, 4117 ]
Mobile Mode The 'Mobile Mode' in AssetAsyst® allows users to take AssetAsyst® out in the field to complete their works. condition, new assets and photos, can be uploaded onto the network system. A version of the data can be downloaded onto a laptop computer device, which can be used to carry out inspections and complete work orders. The laptop can then be connected back to the network and the changes, such as defects, AssetAsyst® Mobile Computing Inspection App This removes the double handling associated with paper based inspections and work orders, improving the operational work flow, and minimising the administration work back in the office. AssetAsyst® can also link into our 'Inspection App' that we have developed for android devices. This app simplifies inspections such as the Level 2 bridge inspection process, allowing generic details, component ratings, defects and photo attachments to all be created from within the app.	<urn:uuid:363fd9f4-5751-4e1d-a36e-5c382a3dca94>	CC-MAIN-2018-43	https://www.pittsh.com.au/cms_uploads/docs/5-mobile-computing.pdf	2018-10-22T01:40:57Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-43/segments/1539583514443.85/warc/CC-MAIN-20181022005000-20181022030500-00049.warc.gz	1,011,610,230	189	eng_Latn	eng_Latn	0.996118	eng_Latn	0.996118	[ "eng_Latn" ]	false	rolmOCR	[ 947 ]
FORWARD AND ADDENDUM TO: LEGISLATIVE METHODOLOGY Edward L. Rubin FORWARD The attached paper is about the United States Congress, and argues that that institution needs to adopt a more effective methodology for designing statutes. It further argues that scholars in law, political science and other fields have failed to address this topic because they assume that legislators are motivated exclusively by politics, and that it is therefore pointless for scholars to address normative recommendations to them. To the contrary, the paper argues, empirical evidence strongly indicates that legislators are at least partially motivated by the desire to enact good public policy. Examination of the American legislative process reveals that a large part of the process occurs in what can be described as the "policy space," that is, an area where political considerations will generally be weak, and where the legislators desire to serve the public is likely to prevail. To be sure, the extent of this area varies, and its boundaries are porous, but it is always present. This leads to the conclusion that the effectiveness of modern legislation could be substantially improved by a normative academic discourse that frames recommendations to legislators about the best way to design legislation. The paper concludes with three 1 specific recommendations that would improve the methodology for drafting statutes that Congress currently employs. These recommendations are derived from policy analysis, and based on the premise that modern legislation is generally an effort to implement social policy, rather than a declaration of norms. The three recommendations are that the legislative process should begin with a problem statement rather than a drafted bill, that the first committee hearings should focus on alternative for solving the problem and that empirical information about these alternatives should be provided to the committee in a comprehensive, systematic manner. For the purposes of this talk, I would like to discuss two implications of this paper, the first for the general concept of law, and the second for parliamentary (as opposed to presidential) democracies such as Canada. These two discussions serve as an addendum to the main paper. ADDENDUM Implications For the Concept of Law The following in an excerpt from a book I previously published, entitled Beyond Camelot: Rethinking Politics and Law for the Modern State. That book was the basis for the attached paper about legislative methodology; thus, the theory of law presented in the book is implied by the paper. The excerpt is reprinted here without footnotes. 2 Beyond Camelot: Rethinking Politics and Law for the Modern State (Princeton, N.J.: Princeton University Press, 2005): Chapter 6, pp. 193-08 Natural Law In the pre-modern era, most legal thinkers, whether they were philosophers such as St. Thomas or treatise writers such as Gratian, connected law with reason. Natural and human law are not merely a set of commands that govern human conduct, according to this view, but display a deeper regularity, a regularity analogous to that of the physical world. The physical world obviously exists independently of humans-having been created by God -but humans can perceive and understand it with their God-given faculties. These faculties will only provide access to the reality of the physical world if that world is constructed in a manner that allows them to do so, but, of course, that is what God has ordained. Similarly, the moral order exists independently of human beings, but they can understand it with their God-given mental faculties, specifically the faculty of reason. Reason will only provide access to the objective moral order if that order is so constructed that it is accessible to reason, and here too God has so ordained it through His eternal law. That is why natural law can be discerned by human reason, and what St. Thomas meant when he said that natural law was promulgated by having been inscribed in every person's mind. In order to be accessible to reason, natural law must possess an essential coherence or regularity; its various provisions must fit together in a manner that can be described as logical. Were they not so connected, were they merely a set of separate rules promulgated by God's will, they could not be perceived by reason, but only by faith or revelation. The underlying conception is best conveyed by a popular T-shirt that reads: "Gravity: It's not just a good idea—it's the law." When we say that something is not just a good idea but the law, we are referring to a human artifact. Gravity is not a law in this sense, but a regularity of the physical world, and the joke lies in describing this physical reality as an ordinary legal enactment. But to St. Thomas, his contemporaries, and his successors for some five centuries to follow, this was not a joke at all. Moral precepts and physical descriptions were both law in roughly the same sense; they were regularities of the external world that were accessible to human perception and reason because they were so structured by God through His eternal law. With the exception of the London fishmonger who wrote The Mirror of the Justices, no medieval legal writer believed that all actual laws could be directly derived from natural law. According to St. Thomas's sophisticated and vastly influential formulation, human law, whether statutory, adjudicatory, or customary, was the product of secular decision- m a k i n g . Nonetheless, St. Thomas argued, it comported with the natural law that God established and it displayed a related regularity. The product of reason, human law represented an elaboration of its divinely ordained template. In the case of customary law, these regularities were established by the reason God had instilled in every human being; since this law was the product of many people's actions, over long periods of time, it reflected the cumulation of such reasoned efforts. In the case of statutory or ad- judicatory law, the internal coherence and the congruence with natural law resulted from the lawmaker's reason, again instilled by God. Thus, the relationship among customary law, enacted law, and moral precepts did not seem as conflictual to St. Thomas as it appears to most contemporary scholars. This irenic balance was achieved, however, by simply ignoring a multitude of budgetary, military, administrative, and genuinely reformist actions taken by the ruling monarchs of the day. The monarchs, and society in general, cooperated with St. Thomas to achieve this result by characterizing these actions as something other than law. The idea of laws to which the sovereign voluntarily submits may seem like a pious fantasy at present, but it did not seem so in St. Thomas' time. After all, it was not only the kings whose subjection to the law was voluntary. In large parts of Europe, barons, or even lesser nobles, could only be tried in a royal court if they agreed to the court's jurisdiction, a situation that had been even more widespread two or three centuries earlier. Moreover, self-enforcing bodies of law or rules were common. The Benedictine Rule that governed many medieval monasteries was, in part, an administrative provision backed by Church authority, but included many instructions about personal humility, solitary prayer, and spiritual attitudes that could not be externally enforced. The Code of Love, a set of judgments in legal form embodying the romantic sensibility of the era and possibly promulgated by informal groups of aristocratic women, could only have been conceived as self-enforcing. The rules of chivalry, governing the battlefield behavior and personal comportment of the nobility, possessed the same self-enforcing character. The ubiquity of self-enforcing codes in the medieval era cannot be explained merely as the substitution of divine for human punishment. Even the monastic rules were perceived as in some sense supererogatory, since lay persons could also achieve salvation, and the rules of love and chivalry were essentially secular in character, although the latter became Christianized as time went on. Rather, the idea was that people would voluntarily submit to these rules The same belief in the universal applicability of reason, and the resulting regularity within and between the different types of law, enabled St. Thomas to link two other elements that do not appear conflictual to modern scholars because we link them still. This is the law's amphibious character, its role as a set of rules governing human conduct that are enforced by the sovereign and its role as a constraint on the sovereign himself. Natural law applies to everyone, whether ruler or subject. Human law, derived from natural law by practical reason, displays this same universal applicability. Because of the way human societies are governed, the sovereign can enforce the law against the subjects, but no one can enforce it against the sovereign. This creates a practical problem, which legal theorists generally sidestepped, but it does not alter the universal applicability of law. St. Thomas's concept of a law as an internally coherent system, based on reason, thus explains the amphibious quality of law as a means of governance and a constraint on government. due to their sense of honor or virtue and their general conception of their own existence-in other words, due to their desire to create meaning for themselves. Since these rules were not promulgated by any definitive source or enforced by any authoritative entity, they could only function if they were part of a conceptually coherent system that was understood by those who were governed by them. In other words, they had to possess the same characteristics that are implicit in St. Thomas's account of law. The rules of chivalry, for example, included various provisions about hospitality toward travelers, the treatment of women, the support of just causes, and, perhaps most important, the conduct of battle. Knights were supposed to engage each other individually, or in groups of roughly equal numbers; they were sup- posed to charge first with their lance; when one knight was unhorsed, but otherwise uninjured, the other was supposed to dismount and engage the first on foot; when a knight was in a position to kill his opponent--which, by the time of full plate armor, often required knocking him down and unlacing his helmet—he was supposed to give his opponent the opportunity to ask for clemency; if clemency was granted, the defeated knight became the victor's prisoner and was expected to follow the victor's instructions. If a prisoner did run away, thereby committing a breach of faith, his captor would insult him by displaying the prisoner's heraldic arms in the reversed position. Rules like these, which claimed to govern a knight's behavior in the heat of mortal combat, would only be obeyed if they seemed reasonable or natural to the people who were subject to them. Of course, as Johan Huizinga points out, these rules were not obeyed in many cases. Even contemporary laws that are enforced by heavy penalties encounter disobedience. In the Middle Ages, as today, all sorts of laws were violated so extensively that people were continually complaining about crime waves. Vassals regularly concocted reasons for rebelling against their overlords, barons refused to submit to royal jurisdiction, the monasteries were filled with corrupt and concupiscent monks, women often married men for money and slept with them for fun, and knights frequently behaved with lethal savagery. At Agincourt, the victorious English troops, on King Henry V's command, slaughtered their prisoners of war, which would be considered improper even in our own unchivalrous age. The voluntary submission to coherent, comprehended rules was partially a r e a l i t y and partially a myth, or social fantasy, and it is in fantasy, not reality, that one finds chivalric behavior in its purest form. In Lancelot of the Lake, a thirteenth century French prose romance that constitutes part of the Vulgate cycle, a knight appears at Camelot with two lances sticking through his body and a sword embedded in his skull. He begs Arthur's knights to remove these weapons, but warns them that there is a caveat. Although he has killed the knight who wounded him, whoever removes the weapons must "swear, on holy relics, that he will do his best to avenge me on all those who say they love the man who gave me these wounds more than they do me." Understandably, Arthur's knights are reluctant to undertake such an open-ended commitment. Lancelot, however, accepts the challenge on the very day that he is knighted; he feels sorry for the wounded knight and besides, the wounds have begun to smell terrible. This leads, quite predictably, to a series of battles with the allies of the wounded knight's victim, who seem to be widely distributed across the length and breadth of England. All the fainting and weeping by these two great warriors is occasioned by the conflict between the rules of hospitality and the rules of oath taking. Lancelot is clever in avoiding an outright violation of either rule, but neither he nor the lord can prevent the ultimate outcome. Their fanatical devotion to the self-enforcing rules of chivalry, their willingness to place obedience to these rules above life itself, is a model of behavior that was certainly meaningful to medieval audiences, however frequently or rarely it was displayed in real situations. It suggests that the rules of chivalry were so deeply felt by those they governed-so deeply internalized, to use our modern parlance -that they were perceived as truly natural. Although secular in origin, they seemed to be inscribed in the order of the universe itself, and to possess the logic and comprehensibility that was attributed to God's creation. One day, Lancelot, pursuing one of his various quests, is invited to spend the night at a castle, where he is graciously entertained by its lord. To his horror, Lancelot learns that the lord stands guard every day, waiting to kill the knight who removed the weapons from the wounded man's body. Lancelot passes the night in tears; "he was so worried that he did not know what to do, whether to fight with his host or break his oath." The next morning, he asks the lord to grant him a boon, to which the lord agrees. Lancelot, still weeping, then states that the boon the lord has granted is "to say, as long as I am here, that you love the wounded man better than the man who wounded him." The lord, realizing now who Lancelot is, falls down in a faint; when he revives, he says what Lancelot has requested of him and promptly faints again. Lancelot then departs, but the lord catches up to him. Released from his oath to Lancelot, he now declares he loves the dead man, who turns out to be his uncle, more than the wounded one. Lancelot and the lord proceed to fight, of course, and, as Lancelot begins to prevail, he begs the lord to declare that he loves the wounded man better. The lord refuses; Lancelot attacks, drives him to the edge of a nearby river, unlaces his helmet, and begs him to save himself by saying he loves the wounded man better, but the lord refuses once again. Lancelot, now furious, says that the lord "would not die, please God, by any weapon of his," and drowns the man in the river. Natural Law and Modern Theory In St. Thomas's work, God acts simultaneously by exercising His will and by establishing an autonomously operating system of reason. The two are equivalent because of eternal law, the system of reason by which God governs the universe. Later thinkers, who favored naturalistic explanations, were readily able to separate the two bases of action that St. Thomas had so assiduously joined without making many other changes in his theory of law. Once the supernatural order of eternal and divine law were removed from the upper part of St. Thomas's gigantic fresco, there remained a realistic, finely drawn depiction of natural and human law that, with a little brushing up, and the addition of perspective, was entirely appealing to seventeenthand eighteenth-century thinkers. According to this redacted picture, natural law was the product of human reason and was thus apparent to anyone who followed the classicial -- or Thomist – ideal of living in accordance with such reason, whether or not that person was following the will of God. Many of the greatest legal thinkers of this era, including Grotius, Pufendorf, and Christian Wolff, adopted this position, and devoted their efforts to demonstrating that a comprehensive body of detailed human laws could be derived from the desanctified natural law that was based on reason. As Thomas Browne explained. "Thus are there two books from whence I collect my divinity: besides that written one of God, another of his servant nature, that universal and public manuscript that lies expansed unto the eyes of all. Those that never saw him in the one have discovered him in the other." It was because natural law was linked to human reason that it could be treated as a universal set of rules infusing public life with a sense of collective purpose and shared belief, and thus survive the demise of the religious unity that characterized the Middle Ages. The concept of law as a coherent body of rules accessible to reason is not defunct, however. It lives on in the very same legal codes that supposedly displaced it, as well as in the thinking of most leading jurisprudentialists. With respect to legal codes, the sacerdotal concept of law persists in the view that regularity is not merely one of many virtues that a code might display, but the cardinal virtue, and that any code that cannot lay claim to According to most contemporary observers, however, natural law has now been replaced by positive law, and this positivization of law represents one of the crucial stages in the modern world's emergence from its medieval antecedents. The transition is generally viewed as having occurred during the last part of the eighteenth century and the first part of the nineteenth, with the promulgation and widespread adoption of the Napoleonic Code and of similar codes in Austria and Prussia. The newly formed United States did not engage in any similar codification, but Morton Horwitz has documented a parallel development in its judge-made law. During this same period of time, he observes, American judges stopped justifying their decisions in natural law terms and switched to social policy. They "came to think of the common law as equally responsible with legislation for governing society and promoting socially desirable conduct." To be sure, a number of contemporary scholars have championed natural law, including Randy Barnett, John Finnis, Robert George, Martin Golding, Heidi Hurd, Alasdair Macintyre, Jacques Maritain, Michael Moore, Henry Veatch, and Lloyd Weinreb, but they generally cast their work as a proposed revival, and acknowledge that their views oppose the prevailing mode of legal thought. it should be counted as a failure. European codifiers have dutifully advanced this claim to regularity on behalf of their work product, although they can do so only by resorting to distortion. This insistence on the regularity of codes manifests itself in the European approach to judicial interpretation. It is obvious that no code can provide an explicit answer to every particular situation that arises under it, and that the language of the code must be interpreted to address unanticipated problems. But European jurists, particularly in France, have long maintained that all these problems can be resolved by reason, specifically by the logical extrapolation of the code's ·explicit language, without reliance on creative interpretation or judicial precedent. Even in England, which not only has no comprehensive code but is the mother of the common law, judges maintain the same view with respect to specialized statutes. Admittedly, this unwillingness to recognize judicial gap-filling is partially motivated by a political commitment to parliamentary supremacy, but such determined insensibility would not be possible, it would not make any sense, without a conceptual belief in the underlying regularity of general codes or specialized statutes. The same tendency to treat law as a coherent body of rules accessible to reason can be discerned in the work of contemporary legal theorists. Consider, for example, the most influential formulation of positivism, and perhaps the most influential theory of law in the English-speaking world, H.L.A. Hart's The Concept of Law. The core of this work is the criticism that Hart offers of John Austin's and Hans Kelsen's positivist view that law is nothing A more serious problem induced by our continued reliance on the concept of law is that the insistent belief in the regularity of codes or statutes can only be preserved if the code or statute is limited to rules regulating traditional legal subject matter. As J . B. Ruhl, James Salzman, and Peter Schuck point out, the administrative state has led to an explosive growth in the number and complexity of governmental rules. The mass of detailed, technical, policy-driven statutes and regulations that administrative agencies enforce could not plausibly be regarded as exhibiting the regularity that remains central to the concept of law. As a result, the claim to, or demand for, legal regularity has banished all these administrative statutes and regulations to the vaguely charted frontiers of the legal realm. Although they are often more important, in their impact upon business, education, housing, health care, and the environment, than courtenforced provisions, they continue to be regarded as peripheral. Few comprehensive efforts have been made to organize them, to help businesses and individuals find their way through their complexities, to indicate which ones are relevant to specific social actions, to make them user-friendly or, as William Buzbee points out, to ensure that their coverage is comprehensive. Great energy continues to be lavished on civil and criminal codes, while the more important, more complex, and enormously more massive body of administratively enforced statutes and regulations remains a disorganized and relatively impenetrable mass. more than the commands of the sovereign that are backed by . sanctions. But his criticism fails to confront the most basic difficulty with positivism, namely, that it is dominated by the same commitment to regularity and coherence as the natural law theory it is designed to refute. The reason for Hart's failure is that his own approach is also afflicted with this difficulty and thus cannot confront the reality of the administrative state. Hart's law against driving in the park fits the traditional model of an instruction to citizens regarding their individual behavior. But how did the park get there in the first place? This was not a particularly important question for a traditional state, which generally did not establish public parks, but it is central to an administrative government, which not only creates and operates parks, but also schools, universities, libraries, museums, airports, train lines, bus lines, prisons, hospitals, clinics, fire stations, hazardous waste dumps, oil storage facilities, research stations, wildlife refuges, housing projects, welfare offices, job-training programs, drug rehabilitation facilities, and neighborhood youth anti-drug, alcohol, and violence counseling centers. The park, and these other facilities, came into existence because some legislative body passed what we ordinarily call a law. That law, however, does not instruct citizens how to behave; instead, it provides services to citizens by creating public institutions. First, Hart argues that the Austin-Kelsen formulation distorts law "as the price of uniformity"; law does not merely instruct officials to impose sanctions, but also instructs citizens how to behave. To describe law exclusively in terms of sanctions is like saying that the rules of baseball direct umpires to make declarations about the actions of some people running around on a field, rather than directing players how to play a game whose basic principles they understand. For example, a law providing that "no vehicle may be taken into the park' is not merely intended as an instruction to public officials; it also tells citizens not to drive their cars down the paths or across the grass. But Hart's idea that the law tells citizens how to behave suffers from the same defect as the Austin-Kelsen definition of law as commands. Both theories fail to account for a large proportion of our actual laws, specifically those that are distinctive features of a modern administrative state. Just as St. Thomas and his contemporaries excluded royal legislation from their concept of law, Hart excludes administratively oriented legislation from that concept. Another type of statute that is characteristic of the administrative state, and that also falls outside Hart's conception of law, as well as Austin's and Kelsen's, is one that provides monetary or various in-kind benefits to citizens--income support, medical expenses, disability payments, veterans payments, vouchers, retirement income, disaster relief, or mass injury compensation. These statutes are not designed to control citizen conduct but to transfer resources to meet citizen needs. The distribution of benefits to the blind, for example, is intended to give blind people money, not to encourage blindness; the distribution of social security is not intended to encourage people to grow old, or even to stop saving on their own. Still a third type of statute that Austin, Kelsen, and Hart fail to consider is an appropriations bill, an allocation of the state's fiscal resources. All governments make such appropriations, but the process has become more important since the abolition of particularized fees and the creation of a centralized budget that occurred at the tipping point of the administrative state. The appropriations bill is always one of the most important pieces of legislation in any session of the U.S. Congress, and, in the absence of epochal legislation like the Civil Rights Act or the Clean Air Act, often the most important. Yet no jurisprudential theory of law, and certainly not Hart's, Austin's, or Kelsen's, takes account of such a statute. Hart's second criticism of Austin and Kelsen reveals a similar unwillingness to confront the realities of a modern administrative state. The positivist claim that law consists of commands backed by sanctions, Hart argues, applies only imperfectly to rules that instruct public officials such as judges to fulfill certain roles, or that authorize private parties to take action such as making wills or contracts. Hart describes these as powerconferring rules, and argues that Austin and Kelsen force such rules into a Procrustean bed of their positivist theory at the expense of plausibility. Neither rules conferring jurisdiction on government agents nor rules authorizing private parties to take binding legal action, he argues, are accurately described as orders backed by sanctions. But Hart's characterization of these rules as power-conferring has forced the multiplicity of intragovernmental communications into a Procrustean bed of its own. As illscussed in Chapter 3, power is an atavistic term for a set of relationships that are more accurately analyzed in terms of authorization and supervision. Statutes are only one mechanism by which government officials are authorized and supervised. There are numerous other signals, including guidelines, suggestions, advice, information, and disapproval that fulfill precisely the same function. To cordon off one type of authorization and supervision from the others by describing it as law, and then to combine it with qualitatively different actions such as regulating citizen behavior, makes a strong assertion with no obvious justification. Moreover, even if one ignores the difficulties with the term 'power,' describing intra-governmental provisions as power conferring suffers from the same artificiality that Hart condemns. In discussing contract law, which he describes as conferring rule-makng power on private citizens, Hart rejects the idea that this law can be characterized as imposing the sanction of nonenforcement for failure to follow the specified rules. The law is not designed to sanction people, Hart argues, but to grant them the capacity to take legally binding action. If that is true, however, then it is surely true that most statutes creating institutions, providing benefits, or allocating fiscal resources are not designed to confer power on government officials but to grant them the capacity to provide government services to citizens. The creation of a public school is intended to educate children, not to employ or empower principals and teachers; the distribution of welfare benefits is intended to distribute money to the poor, not to create a welfare bureaucracy. The grant of power, like the limits on citizen behavior, is incidental to the service. Although heavily criticized, this theory does succeed in embodying the aspiration of many American legal scholars to reconcile governmental action and law. For present purposes, the important point is that Dworkin's notion of integrity is virtually a restatement of the natural law conception that all law forms a coherent conceptual system that is accessible to reason Dworkin can plausibly advance this position because his idea of law centers on the judiciary, and takes adjudication as its modal action. His grandly titled book, Law's Empire, begins: "It matters how judges decide cases." About midway through the book, however, after introducing his principle of integrity, it occurs to him that the modern legal system involves a great deal of statutory drafting as well as adjudication, and that the provisions that result from statutory drafting compose a large proportion of modern law. He then attempts to apply his natural-law derived theory of adjudication to the drafting process, or more generally, to the policy making process that defines the essence of the administrative state. Legislatures, Dworkin argues, also strive to instantiate the principle of integrity. After all, they do not reach compromises between contending political forces by making arbitrary distinctions. We think it unacceptable, for example, to resolve a political conflict about racial discrimination by forbidding it on buses but permitting it in restaurants, or a conflict about abortion by criminalizing it for pregnant women born in even-number years but not for women born in odd ones. The rejection of such "checkerboard" statutes, Dworkin argues, demonstrates that the principle of integrity applies to drafting statutes or, presumably, although he makes no mention of it, to drafting administrative regulations, just as it applies to judicial decision making. Hart's leading jurisprudential adversary is Ronald Dworkin, but Dworkin's approach to law is equally beholden to pre-modern, natural law-related concepts of regularity. Dworkin's theory of judicial decision making holds that law consists of general principles as well as specific rules. He then asserts, contrary to the view of most other legal scholars, including Hart, that there are definitive answers to all legal issues. To be sure, some issues are hard cases that rules cannot resolve, but definitive answers can be found by referring to general principles embedded in our system of law. These principles can be applied to specific cases by treating law as possessing the virtue of integrity. Dworkin defines integrity as a conceptual framework that "instructs judges to identify legal rights and duties, so far as possible, on the assumption that they were all created by a single author—the community personified-- expressing a coherent conception of justice and fairness." Judges might also decide hard cases by invoking social policy considerations, but that is a mistake, in Dworkin's view, because it represents an excursion beyond the limits of the law, an excursion that is both unjustified and, given the presence of embedded legal principles, unnecessary. Even if what Dworkin says were true, it would fail to prove his point. The fact that legislative or administrative drafters seek to achieve integrity only indicates that this is one of their values, one criterion for determining whether their efforts are successful. There are obviously other criteria, such as whether the statute achieves its basic purpose of providing security, prosperity, or liberty in a fair and efficient manner. But Dworkin's claim about the legislative process is not true; legislative and administrative drafters regularly enact arbitrary compromises between contending forces. This occurs, for example, nearly every time a number is selected for a statutory rule. Consumer groups want customer liability capped at fifty dollars, while banks want unlimited liability, so the statute sets liability at five hundred dollars. What drafters rarely enact, however, are insane compromises, like Dworkin's checkerboard statutes. The problem with such statutes is not that they lack integrity, but that they lack any reasonable relation to the policy that the drafters are trying to achieve. If some people oppose abortion and others favor it, there is simply no sense in forbidding it to an arbitrarily defined group of women and permitting it for others. Rather, the drafters will settle on some compromise related to the substance of the disagreement, such as permitting abortions only in the first trimester, or requiring anti-abortion counseling before the procedure can be performed. The reason Dworkin thinks that the problem with checkerboard statutes is their lack of integrity is because he ignores the policy-making aspect of the modern state. Having declared that judges should not engage in policy making – a questionable but conventional assertion-he seems to forget that the same prohibition cannot possibly be extended to legislators and administrators. As a result, he loses track of the distinction between totally arbitrary compromises that seem unacceptable to everyone and sensible compromises, related to the underlying policy debate, that seem unacceptable only to Ronald Dworkin. In the final analysis, Dworkin's approach to law is heavily judicialized. It is at least two centuries out of date, but, like Hart's outdated view, it allows him to sustain his nostalgia-driven claim that the legal system should be governed by the inherited principle of conceptual coherence. Policy and Implementation as an Alternative to Law The foregoing considerations suggest that we should bracket the concept of law, that we should suspend its claim to describe some aspect of our society in a useful or convincing way and explore the possibility of an alternative description. This alternative can be derived from the unified image of the administrative state that was presented in Part I. The governmental actions to which the concept of law refers can be characterized as signals that flow from governmental units to other governmental units or to units outside government. Various aspects of such signals have already been discussed, including their role in creating the government's internal structure (Chapters 2 and 3), and the willingness of private parties to conform to their requirements (Chapter 5). The concern here, and in the remainder of this part, is with the purpose, or meaning, of these signals. In essence, they are the mechanism by which government formulates and implements its policies, or, more precisely, the way government officials carry out their assigned role, as they conceive it. Thus, the bracketed concept of law can be replaced, in the administrative state, with the alternative concept of policy and implementation. Bracketing the concept of law, it should be recalled, only means that this concept will not be used as an analytic category in describing modern government. No effort is being made to extirpate the term 'law' from the English language. Thus, it would be awkward to refer to the body of judgemade rules that create and implement policy in various fields as anything other than the Common Law (a term that will be capitalized from here on). More obviously still, no effort will be made to rename antitrust law, lawyers, law school, or the LSAT. The point is not to purify the language, or to joust with definitions, but to identify useful ways of describing the features of the administrative state that has become our all-encompassing political reality. The division of the governmental actions into policy making and implementation captures that reality; in fact, it parallels the bipartite conception of rationality that Weber identified as the essential feature of the bureaucratic state. Each policy can be regarded as a goal, or end, that can be evaluated by means of values rationality, while its implementation can be regarded as the means, or mechanism, to which instrumental rationality applies. Taken together, policy and implementation thus constitute the full range of governmental action in a modern state. Despite this comprehensive quality, the terms, being nothing more than heuristics, must be used with caution. Weber states that the formulation of goals through cost- benefit analysis can constitute a form of instrumental rationality. Hebert Simon points out that the characterization of actions as policy making or implementation is not absolute, but changes according to the institutional context; that is, a means for a particular governmental unit may become an end for its subordinate. Recharacterizing the bracketed concept of law as policy and implementation offers a number of descriptive advantages. It connects legal scholarship with scholarship in other fields, it comports with the character of the administrative state, and it encompasses the full range of actions that the government takes in carrying out its functions. To begin with the connection between legal scholarship and scholarship in other fields, the categories of policy and implementation are central to modern political science research about the functions of government. Policy making is featured in the work of Steven Kelman, Charles Lindblom, Nelson Polsby, Herbert Simon, Edith Stokey, Richard Zeckhauser, Aaron Wildavsky, and others. Implementation has become a subject of discussion more recently, as described in Chapter 5, but has achieved similar importance through the efforts of scholars such as Ian Ayres, Eugene Bardach, John Braithwaite, Cary Coglianese, Keith Hawkins, Robert Kagan, John Scholz, and Wildavsky. In fact, only rational choice scholars, who regard governmental action as the result of individual efforts to secure personal advantage, have consistently rejected the characterization of governmental action in policy and implementation terms. Even within this tradition, the policy and implementation approach has gradually appeared through positive political theory, which treats institutions as single actors intent on achieving emergent goals. Beyond its ability to facilitate the connection between legal and social science scholarship, the recharacterization of law as policy and implementation provides a benefit for scholars in all fields because it comports with the character of the modern administrative state. In pre-modern Europe, government in its entirety was regarded as predominantly judicial; its purpose was to discern and apply the eternal verities that were conceived in terms of natural law. The transition to the administrative state replaced this model with a policy-making approach. The articulation of purpose that constitutes part of this transition means that government actions are no longer being justified by tradition, or linked to natural law, but instead are being viewed as conscious efforts to achieve specific goals that are publicly identified as social policy. As Bronwen Morgan suggests, these policy efforts are a form of "non-judicial legality" grounded on regulatory and governance strategies. Modern government is eudaemonic; it exists to solve social and economic problems, to provide citizens with an optimal material environment, and to facilitate their individualized self-fulfillment. The Legal scholars have long recognized that the continuing vitality and relevance of their field depends upon connecting it with other disciplines. Recharacterizing law in policy and implementation terms facilitates this connection by coordinating the discourse of legal scholarship with the political science approach to government. In fact, policy and implementation has become a central concern for administrative law scholars such as Ronald Cass, Colin Diver, Jody Freeman, Thomas McGarity, Mark Seidenfeld, Peter Strauss, and Cass Sunstein. But the concept of law, and the sense that law is a distinctive category of governmental action in a modern state, has operated as an impediment to all these efforts. As Brian Tamanaha points out, the question "What is law?" continues to hover over interdisciplinary studies. Much energy has been expended on the dubious assumption that the question has an answer, and that the answer will yield valuable insights of some sort. Once law is bracketed, this inquiry can be set aside, and the intellectual tools that have been developed during the past century of social science research can be applied to the legal system as part of a continuous field with the remainder of the social realm. This does not mean that legal scholarship must abandon its distinctively prescriptive stance, its efforts to recommend better rules and strategies to government decision makers. Rather, what it means is that these prescriptions can draw more comfortably on social science and be applied wherever they are justified by their own force, without being encumbered by the sense that legal scholars are straying outside their field, or that they must define the areas that they address as law. implementation of public policy is the mechanism by which this enterprise is carried out. Replacing law with policy and implementation thus reflects the shift from a sacerdotal to an instrumental conception of the state. Finally, the concept of policy and implementation encompasses the broader range of governmental actions that characterize the modern state's effort to achieve its eudaemonic goals. This is true whether one considers the mode of discourse that government signals employ or the governance function that they fulfill. With respect to mode of discourse, our standard concept of law as a coherent set of rules governing private conduct has traditionally induced legal scholars to focus their attention on performative governmental signals, and more specifically on the subset of these signals that constitute commands. The style of governance that results is typically described as command and control regulation. Emphasis on this approach has placed other types of signals outside the boundary of law, where they are often left uncategorized, and either ignored or condemned for their unlawlike character. In recent years, however, a different approach to the administrative process, sometimes described as New Public Governance, has drawn attention to the rich variety of signals that are found in modern government. Very often, a superior influences or controls the actions of its subordinates by performative signals such as suggestions, guidelines, or judgments, rather than by command. Almost invariably, the subordinate influences its superiors by these means. Within government, this process contributes to the complex relationship between both hierarchically connected and unconnected units that is described in Chapter 3. Between government and citizens, it contributes to the interaction between regulated parties, other interest groups, and regulators described in Chapter 4. As those chapters also indicate, informative statements and judgments are equally important. Given that people are only boundedly rational, their access to information often determines the quality of their decisions and their capacity to affect the behavior of others. Subtle indications of approval or disapproval are often the best way to induce compliance, or to calibrate the precise effect that governmental officials are trying to achieve in a complex situation. There is no reason to assume that all these expressive, informative, and noncommand performative signals are less important than commands, particularly in the fluid, continuous, and comprehensive context of administrative governance. The matter should be determined by analysis, and our conceptual framework should encourage that analysis, rather than prejudging or precluding it. With respect to the range of governance functions, the concept of policy and implementation is also substantially broader than law because it accommodates important governmental actions that do not control citizen conduct, and thus appear unlawlike in character. As Neil Komesar and Peter Schuck point out, government can sometimes achieve its goals by leaving their implementation to other mechanisms of control, such as social norms or the market, and perhaps support these mechanisms with informative or expressive signals. When government acts directly, moreover, it often does so by creating an institution such as a park or other facility, by distributing benefits, or by allocating resources through an appropriations bill. Thus law, as we use the term, seems applicable only to that subset of governmental activities that attempts to achieve policy goals through the mechanism of generally stated rules, an important but far from exclusive approach in modern government. As discussed in Chapter 3, the concept of power, like the concept of law, also has the effect of focusing attention on commands to the exclusion of other modes of discourse, and on control of human conduct to the ex elusion of other governance functions. This overlap between the two concepts is hardly adventitious. Both developed during the era when the government was relatively small and primarily concerned with the maintenance of civil order. In such circumstances, it generally acted at a distance from the citizens; it established basic rules of conduct and enforced those rules by means of physical compulsion. Such delimited and dramatically enforced intrusions into private life could be readily conceptualized in terms of governmental power, and readily organized into a coherent pattern recognizable as law. Administrative government, in contrast, is comprehensive in scope and vast in scale. It maintains continuous contact with the citizens it regulates and requires continuous coordination among its numerous and widely dispersed components. In this context, it employs a much broader range of discursive signals, and carries out a broader range of functions, neither of which can be organized into a coherent pattern with an internal logic that comports with our concept of law. Even when the government acts through rules, those rules are often part of the gigantic mass of technical, hyper-detailed regulations generated by administrative agencies. Literally speaking, they count as law, but they are not the sort of law that jurisprudential theories of the subject call to mind. In fact, judicial decisions, government's most quintessentially legal actions, are no longer particularly lawlike in the modern administrative state. To begin with, as Judith Resnik notes, judges increasingly avoid handing down decisions at all, preferring to settle cases in order to man- age their massive dockets. Moreover, because complex institutions are often involved, the opinions they do issue tend to produce their effects by initiating an ongoing dialogue, or generating indirect and subtle crosscurrents, rather than by declaration or ukase. Alexander Bickel noted this phenomenon, but he treated it as a device that courts could use to guard their own legitimacy, and the outmoded notion of legitimacy obscured the' full consequences of his observation. New Public Governance scholarship by Michael Dorf, Charles Sabel, William Simon, Susan Sturm, Cass Sunstein, David Zaring and others has drawn attention to the ways in which judicial decisions become part of the same recursive institutional process of threat, bargain, cajolery, reexamination, and negotiation that characterizes the unlawlike regulation of administrative agencies. Implications for Parliamentary Systems Modern democracy comes in two basic forms (with variations, of course): parliamentary and presidential. The United States is a presidential system, which means that the chief executive and the legislature are independently elected. As a result, the two branches are not necessarily controlled by the same party and, in any case, do not act in direct conjunction with each other. This means that the American legislature designs and enacts its own statutes, although the chief executive often proposes legislation and always exercises considerable influence over its enactment. The attached paper deals with that situation; its insistence that scholars address normative arguments to Congress and state legislatures is based on the fact that, in the American system, these legislatures bear the primary responsibility for statutory design. In the other basic form of modern democracy, a parliamentary system such as Canada's, the situation is distinctly different. The majority of the legislature, which in modern terms means the political party that has obtained the majority, in effect chooses the chief executive. That executive must have the confidence of the legislature, which means that the legislature must vote in favor of its major legislative proposals. The defeat of a proposal means that the chief executive, or prime minister, must resign in favor of a someone whose proposals will be enacted by the legislature, or must call for new elections that produce a legislature with a majority that will enact the proposals of the original chief executive. This means that as long as a particular executive, that is, prime minister and cabinet, remains in office, all its proposals will be enacted by the legislature. Under such a system, the executive, not the legislature, will bear the primary responsibility for statutory design. Drawing on the relatively large number of appointed government officials under its direct command, the executive will draft bills and send them to the legislature, knowing that those bills will be enacted into law. The academic discourse by which scholars can address recommendations to such appointed officials about the general methodology that they should use to design legislation, and about the approach that they should take to particular problems, is well established. It is policy analysis, the model that the attached paper uses as the basis of the legislative methodology it recommends. It might appear, therefore, that the paper is not relevant to a parliamentary system such as Canada's. There is no need for a new academic discourse regarding statutory design in a parliamentary system because design is being carried out by appointed officials who are addressed by an existing academic discourse. Conversely, there is no need for scholars to develop an academic discourse that frames recommendations about statutory design to the legislature because the legislature is not the institution that is designing the statutes. I am prepared to contemplate the possibility that my paper is not relevant to Canada, and that I will fall among the ranks of Americans in so many areas who ignore the differences between us and our northern neighbor. I am also willing to admit, consistent with this possibility, to a distressing level of ignorance about Canadian government. What I want to do here, however, is to speculate about the ways that an academic discourse addressing legislators about statutory design might be relevant to Canada, that the existing discourse addressed to appointed policy analysts might not be the only type of scholarship that would be beneficial in the context of a parliamentary democracy such as Canada's. Although the Canadian House of Commons necessarily enacts government bills as long as the particular chief executive and cabinet – or the particular legislature – remain in power, it is not regarded as the proverbial "rubber stamp." As the group of public officials – the only public officials at the national level – elected by the people, it is expected to play at least some direct role in the legislative process other than mere approval. That role can be defined as quality control. The modernity of the terminology is intentional; although the House of Commons is based on an English model that date back to the thirteenth century, its role and meaning, like the meaning of law in general (see the preceding section) must be redefined in terms of modern administrative governance if the institution is to be relevant and effective in the modern context. Quality control is supportive but evaluative. It accepts the basic premise and plan of the function that it is reviewing, but tests actual operations against that declared plan and premise. Importantly, it addresses both procedures and results, with the balance between the two depending on the relative expertise and information available to the primary actor and the quality assessor. The greater the advantage of the primary actor, in terms of both expertise and information, the more the assessor will focus on procedure. The question here is whether the actor employed a decision process likely to produce good results or, alternatively, whether the actor employed a process that made use of its superior expertise and information. As the actor's expertise and informational advantages decline, relative to the assessor, the more the assessor will, or should, evaluate the substantive conclusions that the actor reached. The question here is whether the actor reached the right result, whether its decisions are likely to achieve its declared goals. A fair synonym for such quality control is monitoring. Thinking about the quality control that a parliamentary legislature might exercise as monitoring is helpful because it mediates between (or, more colloquially, it fudges) the role of superior and subordinate. In one sense, a parliamentary legislature is the executive's superior, since it chooses the executive and has the authority to unseat it. In another sense, however, it is the executive's subordinate because, as long as the executive remains in power, the legislature is supposed to do what the executive tells it to so, at least in general outline. The concept of m'nitoring covers both situations. A superior should monitor her subordinates to make sure that they are acting properly. At the same time, it is important, in any democratic system, that those exercising the highest levels of authority, be monitored themselves. A good subordinate will do so, and a good system will encourage subordinates to play this role and protect them against the predictable of ire of the superiors that they evaluate. This is the reason Aaron Wildavsky titled his book on policy analysis Speaking Truth to Power. In fact, monitoring is carried out, on a regular basis, not only by those who have subordinate governmental power, but those who have no governmental power at all, such as private policy organizations and the press. To say that a parliamentary legislature should monitor the executive through quality control, therefore, is to take no position on whether it is superior or subordinate to the executive. It simply recognizes that all decisions, and particularly decisions about matters as complex as those a modern state confronts, should be assessed and reconsidered. It might be argued that granting a significant role to Parliament will only mean that special interest groups wield increased influence in Canadian politics. But this makes the assumption that the attached paper argues against, namely, that elected legislators are motivated solely by the desire to secure their re-election, and never by policy-oriented consideration. All the arguments against that assumption that the paper states regarding the American Congress apply to the Canadian Parliament as well. The evidence that legislators are motivated solely by political considerations is weak, and even if it were strong, most legislative decisions occur in a policy space where the influence of politics is relatively weak. Moreover, the executive is hardly immune from lobbying by special interest groups; in fact, such lobbying is likely to be equally intense, and considerably more recondite, than the lobbying of elected legislators. As in the attached paper, the question with respect to the Canadian Parliament is how a policy-oriented function, in this case quality control or monitoring, is to be institutionalized. It is the institutional grounding of ideas for effective policy making that transforms a recommendation from a theory to a methodology. The primary recommendation of the paper, which is that Congress begin with a problem statement rather than a drafted bill, is inapplicable to major bills in a parliamentary system because these bills are necessarily drafted by the government, and come to the legislature as fully drafted proposals. It is applicable, however, to the relatively small number of private members' bills that will be seriously considered. It is also applicable to statutes subject to one-line votes, that is, those on which members of the majority party are free to votes as they wish. If the government is truly not taking a position, then it should not present Parliament with a drafted bill. Rather, it should suggest a problem for Parliament to solve. In fact, the recommended procedure may be even more directly relevant to Canada in this situation than it is to Congress. The very meaning of a one-line vote should preclude the government from presenting Parliament with a drafted bill. If the government does not have a defined position, and is merely making a suggestion, it should not present a bill in the same form that it presents an essential component of its program, and one on which its continued existence depends. To do so is to give a force to the proposal that, according to the government's own views, it does not merit. Rather, the government should pose the problem, and allow Parliament to design the bill in the manner recommended in the attached paper. One possible way to translate that paper's recommendations into the Canadian context would be that Parliament discusses the problem at the first reading, and gives guidance to the committee and the second reading. The committee would then generate alternatives, evaluate them on the basis of empirical evidence, chose the most attractive alternative on the basis of the evidence, and then draft the bill. The committee draft would then be presented to Parliament at the report stage, and be available for amendment prior to the third reading. Bills subject to two-line votes are a closer case, but should probably be treated like major government bills, or three-line votes. They are government proposals, and the members of Parliament who participate in the executive branch are expected to vote for them, even though other members of the majority party are free to votes their preferences. They therefore merit the force of a bill subject to a three-line vote, where members of the majority party are obligated to vote in favor, with the differences in Parliament's treatment of them coming later in the process. In other words, bills subject to both three and two line votes represent the government's solution to a problem, not merely the government's concern that a problem exists. In a parliamentary system, it makes sense to present such a solution as a fully drafted bill, because the expectation, in contrast with a presidential system, is that the legislature will endorse the government's position. Accepting a government bill, however, does not preclude a quality control or monitoring role for Parliament. This function can be carried out in committee, as in the U.S. Congress, most probably after the second reading, and then promulgated to the full chamber at the report stage and discussed prior to the third reading. Committee consideration can be directed to either the procedure by which the bill was drafted, or the substance of the bill itself, depending on the nature of the issue and the sense of the chamber in response to the second reading. Following the proposals in the attached paper, a committee that decided to focus on procedure would inquire whether the administrative agents who drafted the bill began with a problem statement, generated a range of alternative solutions, obtained relevant empirical evidence, evaluated the alternatives in light of the evidence, and chose an alternative on the basis of evidence. If so, the bill could be accepted as is, and the committee could report to the House that the bill was properly designed and should be accepted largely or entirely in its present form. If not, the committee's options would depend upon the nature of the bill. If the bill were subject to a two-line vote, the committee could recommend that Parliament send the bill back to the government for reconsideration, or it could proceed to exercise quality control on the basis of the bill's substance. If the bill were subject to a three-line vote, the committee would only have the second option. A committee that decided to exercise quality control on the basis a government bill's substance, either because the government's procedures were inadequate or because the subject matter of the bill was amendable to this approach, would follow a variant of the policy procedure recommended in the attached paper. It would identify the problem that the bill was designed to solve, generate its own alternatives, gather evidence to evaluate those alternatives, and then assess the government's solution in light of this inquiry. In a bill subject to a two-line vote, the committee might then be at liberty to substitute its own bill if its analysis revealed major defects in the government's proposal. If any defects that it found were not as serious, or the bill were subject to a three-line vote, then the committee would limit itself to proposing amendments. These amendments, whatever their scope, would be generated by the recommended policy process, and would thus come to the full Parliament at the report stage with the authority that attaches to effective public policy making. In short, legislative methodology is important in a modern parliamentary democracy as well as in a presidential one. It is true that in a parliamentary democracy the legislature does not play the leading role in designing legislation. But the notion of leadership needs to be re-examined in the modern governmental context. Canada is not an autocracy, where one person's sovereign will determines public policy; like other contemporary democratic regimes, its governmental decisions emerge from a complex interplay of forces and result from the interaction of many individuals and institutions. Such a government can only function optimally, or even effectively, if all the institutions that participate in important decisions fulfill their tasks in an intelligent and responsible manner. Moreover, a parliamentary legislature, even in these days of party leadership, remains a repository of public accountability and collective governmental experience. The more effectively it carries out its secondary role, the larger that role is likely to become. If a parliament demonstrates an ability to evaluate, revise and improve government legislation, the government is more likely to rely upon parliament as an important partner in the enterprise of governance.	<urn:uuid:879819fa-70ba-4e24-a7d1-d2548d9aa089>	CC-MAIN-2024-42	https://ciaj-icaj.ca/wp-content/uploads/documents/import/LD/LD2012/LD161.pdf?id=549&1725826788	2024-10-14T02:49:52+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-42/subset=warc/part-00104-0c083cf2-c0ed-42ad-af5c-44f7548e96a0.c000.gz.parquet	146,709,201	13,345	eng_Latn	eng_Latn	0.998484	eng_Latn	0.998637	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1336, 2663, 6710, 9446, 13186, 17697, 19507, 22885, 27102, 29946, 33165, 36934, 40284, 43260, 47109, 49944, 52049, 53535, 55607, 57256, 59020, 61608, 62769, 65501 ]
Library Services Log into library databases from off campus 1) Begin at library.viu.edu. Do a search using the EDS "Search Everything" box (shown above). 2) Click on an item you want. 3) When the sign-in page pops up, use your student or faculty portal username and password. Log into library catalog 1) Begin at library.viu.edu. Select "A-Z List" tab. Scroll down to "Library Books" on the list. 2) Log into your library catalog account to renew books or place holds. Use your student or faculty portal username and password. Create a MyEBSCO account to download e-books 1) Begin at library.viu.edu. Click on the "A-Z List" tab. Scroll down to Ebooks link. 2) Go to the "Sign In" link at the top of the page. Create a username and password for your MyEBSCO account. You'll need a MyEBSCO account to download e-books. You can also save searches and articles, e-books, etc. in your MyEBSCO account. Interlibrary Loan Request Want a book or article that the VIU Library doesn't have digital access to, or doesn't own? The VIU librarians will get it for you. Here are two ways to create an interlibrary loan request (ILL). ILL - Option #1 1) Go to library.viu.edu. Click "Research Help" tab, then "Interlibrary Loan" from drop-down menu. 2) Fill out e-form with your contact information and full citation information. 1) Do a search in EDS. Content that is not full-text will show a "Request this item" link (see below). 2) Click the "Request item" link. 3) When e-form opens, type in your first/last name, email address, and phone number. Allow 3 business days for best results. Copyright & Library Instruction The VIU Library website has copyright resources for instructors. Find them by going to www.library.viu.edu and selecting the "For Faculty" tab near the top of the page. We offer four facultyspecific services: 1) Ensure you can legally use items in course instruction. Select "Copyright Clearance Center". The CCC has a searchable catalog of 950 million permissions. 2) Fair use question. "Copyright Guide for Instructors" is a downloadable PDF about appropriate use of course materials. 3) Library classroom instruction. Select "Instruction Request". Fill out the e-form. 4) Ask librarians to do a copyright review. Select "Request a copyright review." Fill out the e-form. A search alert is a way to find out when a new issue of a publication is released, and/or when a database gets new content added about a particular subject. Creating one in any database is fairly easy. How to Create a Search Alert 1) Go to (www.library.viu.edu ). Choose the A-Z tab above search box. Find the database you want, i.e. Academic Search Elite, Applied Science & Technology, Business Source Elite. 2) Type in your search terms in the search box, then click the "Search" button. 3) When the search completes, look for the Search History link below the search box. 4) Choose the "Save Searches/Alerts" link. 5) You'll now see a pop-up screen for a MyEBSCO account. If you've created one, sign in. If you have not, then click on "Create a New Account" to sign up for one. 6) Once you are inside your MyEBSCO account, you can name your search alert. 7) Make sure you check the Alert box. 8) You can edit your alert if you want to add or delete search terms. Click on the "Edit Alert" link. 9)Here is an example of an emailed Search Alert from the Academic Search Elite database: Get notified when a favorite journal adds new content. 1) In Business Source Elite, click on Publications link. 2) Type in the name of the journal you want, then click the "Browse" button. 3) Click on the orange button next to the desired publication title to set up an Alert. 4) Sign in to your MyEBSCO account to finish creating an email alert. 5) Choose the type of results format (Brief, Detailed, Bibliographic Manager). 6) Select "Alert on full text only" if you do not want citations to appear in your search alert. 7) Click the yellow "Save Alert" button when finished with your selections.	<urn:uuid:7991a45e-b58e-4d35-9b2d-fff2679b3677>	CC-MAIN-2018-47	https://www.viu.edu/docs/library/Faculty_quick_start_guide.pdf	2018-11-14T00:56:19Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-47/segments/1542039741569.29/warc/CC-MAIN-20181114000002-20181114022002-00282.warc.gz	1,053,727,785	931	eng_Latn	eng_Latn	0.993294	eng_Latn	0.994672	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1325, 2297, 3991 ]
SYLLABUS \| \| Educational \| \| Level of higher \| Field of study; specialty \| \| \|---\|---\|---\|---\|---\|---\| \| \| Programme \| \| education \| \| \| \| «Management» \| \| second (master's degree) \| \| 07 "Management and administration" 073 "Management" \| \| \| \| \| \| Year of study \| \| Scope of the discipline, final \| \| \| \| \| and term \| \| control \| \| \| \| 1st year, 1st term \| \| 3 credits (90 hours - independent work), defense of the term paper \| \| Purpose of the term paper The term paper in the discipline "Management of Organizations" is based on an in-depth study of special domestic and foreign literature, best practices in the chosen field, as well as the results of own research of a real object in order to solve a specific practical problem. The basis of the term paper research is enterprises and organizations of various forms of ownership and their structural units The recommended list of topics for term papers is developed for each academic year by the teacher and approved at a meeting of the department. The purpose of the term paper is to consolidate the theoretical knowledge of the discipline "Management of Organizations" and to master the practical skills necessary for effective management of the organization, taking into account the changing environment. In the process of doing term papers, higher education students improve and develop the following skills and abilities: - formulate the research problem independently; - determine the purpose, main objectives, subject, object of research; - search and select the necessary scientific and analytical information; - analyze the activities of enterprises (organizations) and their managers; - master the latest approaches to management; - substantiate management decisions that will increase the efficiency of enterprises (organizations) in today's conditions; - express their thoughts, suggestions logically and reasonably, and draw conclusions; - structure scientific and reference material correctly; - publicly defend the prepared work (make presentation, answer questions, defend their opinions, etc.) GC 1 GC 7 Evaluation of learning outcomes \| Special (professional) competencies \| \| \|---\|---\| \| \| SC 1 Ability to choose and use management concepts, \| \| \| methods and tools, including in accordance with defined goals and \| \| \| international standards; \| \| \| SC 2 Ability to establish values, vision, mission, goals and \| \| \| criteria by which the organization determines further directions of \| \| \| development, develop and implement appropriate strategies and \| \| \| plans; \| \| \| SC 3 Ability for self-development, lifelong learning, and effective \| \| \| self-management; \| \| \| SC 4 Ability to effectively use and develop the organization's \| \| \| resources; \| \| \| SC 9 Ability to analyze and structure organizational \| \| \| problems, make effective management decisions and ensure their \| \| \| implementation; \| \| \| SC 10 Ability to manage the organization and its development. \| \| \| SC 11 The ability to develop and implement appropriate \| \| \| strategies and plans for the development of an industrial enterprise \| \| \| in the conditions of transformations of the business environment \| \| \| SC 12 The ability to make effective management decisions \| \| \| and ensure their implementation using innovative tools (methods) \| \| \| of industrial enterprise management \| Learning methods The completed term paper is evaluated separately from the course Individual consultations and interviews with the supervisor of the term paper, work with literature evaluation of the discipline. The term paper is graded on a 100-point scale with the subsequent conversion of the 100-point grading scale data to a 5- point scale and the ECTS scale. Evaluation of the term paper Scale of evaluation of the final (term) control: national and ECTS Detailed information about the term paper is given in the guidelines for the implementation and defense of the term paper on the ETI website https://eti.edu.ua/navchannia/osvitnii-protses/mahistratura/nmk Suggested reading list (basic) 1. Назарчук Т. В., Косіюк О. М. Менеджмент організацій : навч. посіб. Київ : Центр учбової літератури, 2021. 560 с. 2. Мошек Г. Є., Федоренко В. Л. Менеджмент організації : навч. посіб. Київ : Ліра–К, 2020. 420 с. 3. Данильян О. Г., Дзьобань О. П. Методологія наукових досліджень : підруч. Харків: Право,2019. 368с. and information sources, independent work, presentation of research results	<urn:uuid:e2ffb04d-59a8-4ac5-a99b-5abe3fe85825>	CC-MAIN-2024-51	https://eti.edu.ua/images/Silabusu2023/eng/19.pdf	2024-12-02T10:08:02+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-51/subset=warc/part-00013-b392068a-8e35-4497-8fab-a691b1a71843.c000.gz.parquet	218,955,772	1,028	eng_Latn	eng_Latn	0.968005	eng_Latn	0.968005	[ "eng_Latn" ]	false	rolmOCR	[ 4485 ]
EDUCATION FACT SHEET - TOGO * Senior secondary education Also known as high school, it runs three years for admitted students. At the end of the second year, students sit for an examination called the School-Leaving Certificate, part 1 (BAC1 or "Probatoire" in French). This certificate is required to access the US system's terminal class (grade 12). This class concludes with the School-Leaving Certificate, part 2 (BAC2=French Baccalaureate), allowing access to university education. Junior and senior secondary education have two major streams: general or technical/ vocational education. Primary and secondary education have three terms totaling 40 weeks of teaching activities. * Institutes of higher education Receives senior secondary education students who passed the School-Leaving Certificate, part 2. This level of education includes studies in universities, specialized institutes of the government, and university education abroad. The studies vary between three and eight years. In higher education (university education), the academic year is divided into two semesters of 16 weeks each. Budgetary restrictions have led to increased dropouts in technical and vocational education. Higher education actors often manage the training of primary and secondary teachers. In addition to the ministries of education and training, many government departments organize the training of their future employees. Education Administration In Togo, education is administered by The Ministry of Primary and Secondary Education and Literacy, the Ministry of Technical Education and Vocational Training, and the Ministry of Higher Education. Six regional directorates oversee Togo's educational system. Their responsibility is to manage primary and secondary education at the regional level. The regional directorates are decentralized structures responsible for all national education and research matters. They have authority over establishments of all kinds and all degrees, over the inspectors, and all other structures dependent on Togo's Department of Education and Research. Some regional education centers are responsible for supervising teachers from the three levels. Each district educational inspector handles administrative issues and teacher examinations. The school director is the inspector and school liaison and carries great authority regarding supervision and educational control. The regional directorates give reports of their work to their respective ministries. Free Access to Primary School Issues with the Education System The abolition of school fees in primary schools in 2008 was a welcome development in the country, especially for parents and children who used to pay at least US$4 per year per child for school fees, which had impeded the goal of education for all. The United Nations International Children's Fund (UNICEF) has partnered with the national government and local agencies to ensure free access by children to free and quality education at the primary level as it continues to provide financial and technical support. To benefit every child in Togo, UNICEF also financed a study on the impact of abolishing school fees, with results and recommendations that can be used to help. While the Togolese government has implemented measures to improve the education system, numerous issues have slowed their implementation. These issues are social, financial, and political. The high poverty level in Togo is one of the fundamental factors that have affected the success of the global goal of "Education for All" (EFA). Free primary education has, over the years, increased the number of children going to school. However, there is a significant drop in completion and enrollment levels in high schools. The same goes for the number of students who successfully transition from high school to university. This significant drop is because the government can fund only a small portion of high school and university tuition fees. The rest is left for school management to find avenues to run the school, for instance, by requesting parents of the students to contribute money that proves to be unaffordable for most of them. Additionally, in drought-stricken areas, response to hunger through ad-hoc food relief is often costly for the government to deliver and leaves little to no flexibility in extending aid beyond food consumption. Even with the growth of the education system in Togo, there are major disparities in resources allocated to the schools. For one, the high teacher-to-student ratio significantly affects the performance of both the teacher and the student, especially in primary and secondary schools. Most teachers lose morale due to the overwhelming number of children in classes. Poor access to technological learning aids like laptops and e-books is pervasive due to a lack of electricity and internet connectivity. Gender disparity also plays a role in access to education in Togo. Girls in most marginalized areas of the country may be forced to leave school due to early marriage. Some communities view girls as a source of "income," and others are married off due to the patriarchal values that govern their communities. Cases of female genital mutilation go in tandem with the early marriages. Even with efforts from the government and nonprofit organizations, this issue still stymies the system. \| Academic Calendar \| The Ministry of Education releases the academic calendar for high schools annually. It is mainly limited to the institutions that follow the national curriculum. A typical public high school has three terms: ● First term: September to December - 14 weeks, two-week break (Christmas) ● Second term: January to March - 14 weeks, one-week break (Easter) ● Third term: April to June - 12 weeks. \| \|---\|---\| \| SAT Test Centers \| Since the language of instruction in Togo is French, these tests are required for Togolese students applying to the US or UK. However, some US universities and other countries require a proficiency certificate in the language of instruction. SAT and TOEFL are the most popular exams, whereas IELTS is rarely taken and does not have a test center in Togo. The TOEFL centers in Togo are; ● English Language Center (PBT) ● ESAG NDE (iBT) SAT, TOEFL, and GRE are offered in the central city Lomé. The tests are paper and internet-based: It is very challenging for francophone students to meet test score requirements. However, they adjust quickly to the US system and perform well in their programs. \| \| Best time for Admissions Officers to Visit \| January, February, March, and April (except during the Easter holiday). \| \| HALI Contacts \| ● EDULCOD-Togo ○ Email: [email protected] ○ Phone: (+228)90841233 \| Sources: * World Bank * http://education.gouv.tg/sites/default/files/documents/la_situation_de_leducation_en_2014. pdf * Education in Togo: From Its Creation until the Period of Socio-Political and Economic Crisis of 1990, Pouzon-Ani BAFEI (Corresponding author), School of Public Economics and Administration, Shanghai University of Finance and Economics 369 Zhong Shan Bei * Annuaire National des Statistiques Scolaires au Togo, 2016-2017: 52eme année	<urn:uuid:6762aca3-618f-4050-9cc4-41692879af54>	CC-MAIN-2024-51	https://haliaccess.org/wp-content/uploads/2021/11/Togo-Education-Fact-Sheet.docx.pdf	2024-12-07T13:56:00+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-51/subset=warc/part-00121-b392068a-8e35-4497-8fab-a691b1a71843.c000.gz.parquet	256,208,951	1,427	eng_Latn	eng_Latn	0.740871	eng_Latn	0.997651	[ "unknown", "eng_Latn", "eng_Latn", "dag_Latn" ]	false	rolmOCR	[ 27, 2524, 5376, 7190 ]
Children and Youth Cabinet – Data Sharing Project (Phase I) Project Management Plan Revision and Signoff Sheet Change Record Reviewers Table of Contents I. Background On July 11, 2007, Governor Crist signed House Bill 509 into law to create the Children and Youth Cabinet. Chaired by Lt. Governor Jeff Kottkamp, the Cabinet consists of 20 members, including the secretaries and directors of: 1. Department of Children and Families 2. Department of Education 3. Department of Health 4. Department of Juvenile Justice 5. Agency for Health Care Administration 6. Agency for Persons with Disabilities 7. Agency for Workforce Innovation 8. Guardian Ad Litem Program The Cabinet works to coordinate state agencies and programs that deliver children's services and breakdown the silos of the state agencies to reach a holistic approach to services and programs for the children and youth of Florida. Cabinet members are charged with promoting and implementing collaboration, creativity, increased efficiency, information sharing, and improved service delivery between and within state agencies and organizations. The Governor and the Florida Legislature receive annual reports detailing the Cabinet's progress. The mission of the Children and Youth Cabinet is "to ensure that the public policy of Florida relating to children and youth promotes interdepartmental collaboration and program implementation in order for services designed for children and youth to be planned, managed and delivered in a holistic and integrated manner to improve the self-sufficiency, safety, economic stability, health and quality of life of all children and youth in Florida." One of the main charges of the Cabinet (as outlined in FS 402.56) is to; "Design and implement actions that will promote collaboration, creativity, increased efficiency, information sharing, and improved service delivery between and within state governmental organizations that provide services for children and youth and their families." By sharing information within and between the agencies that touch the lives of Florida's children and youth, our state will be able to provide more effective, efficient and timely services as well as identify and correct gaps and overlaps in resources and save our state agencies time and money. As a way to achieve this charge, Cabinet member and then-Chief Justice Fred Lewis suggested that the Cabinet look at the Judicial Inquiry System (JIS), a data and information sharing system, which has been adopted and is successfully working in the Office of State Courts Administration (OSCA). Details and demonstrations of the system were presented to the Cabinet and the directive was given to investigate implementation options. After exploring all possible options with the Purchasing Office of the Department of Management Services, the quickest vehicle for implementation would be to extend the existing OSCA JIS solution. The OSCA solution already provides access to critical information that is needed by the service providers from the Cabinet agencies. Justice Lewis and the OSCA staff have generously offered to setup the Court as the hosting entity for the solution. This would allow the Cabinet agencies to leverage the existing OSCA connections, the contract and the $3 million system already in place, thus saving the state valuable time and money. II. Vision, Goals, Objectives A. Vision Children and Youth Cabinet Vision - "All children in Florida grow up safe, healthy, educated and prepared to meet their full potential." Project Vision – "To create a Children and Youth Inquiry System by which the Health and Human Services State agencies can exchange pertinent information about children with real time data allowing us to better serve the children and families of Florida." B. Project Goals Goal 1 - Equip State agencies that serve children, youth and families of Florida with a tool that allows them the ability to provide a higher quality of services and programs in a timelier manner Goal 2 – Enable the eight agencies that are represented on the Cabinet to exchange and share data quickly Goal 3 – Identify and eliminate service overlaps between agencies Goal 4 – Empower Agency leadership with the tools for effective decision making Goal 5 – Enable agency staff to realize time and cost savings by gathering information more quickly C. Phase I Project Goals Goal 1 – Share existing Judicial Inquiry System data with the eight participating state agencies Goal 2 – Share eight new data sources between agencies that provides real time access Goal 3 – Develop inter-agency policy that allows for data sharing Goal 4 – Develop ten data exchanges between the eight participating agencies Goal 5 – Sign up 1,000 users Goal 6 – Teach Train the Trainer sessions D. Phase I Project Benefits * Give agencies access to better, more relevant information when it is needed the most to provide the right services to the children and families in the state of Florida * Allow users to share and access real-time information from multiple branches of government, multiple agencies, and multiple data sources through a single log-in, using a single query and a single data set. III. Project Scope for Phase I The scope of Phase I includes working with the eight health and human services state agencies of Florida to share data access across existing state systems in order to enhance the services for the people of Florida. Currently, the Judicial Inquiry System (JIS) is housed and maintained at the Office of State Court Administrators (OSCA) which already contains connections to multiple systems. This project includes setting up eight data sources (connections) and adding access for up to 1,000 people in all eight state agencies. Phase I also consists of connecting the participating Cabinet agencies' data sources with the existing sources provided by OSCA. This phase will also include 10 data exchanges to allow the cabinet agencies to effectively exchange data between all agencies. Users will have seamless access between the new agency data sources and the existing sources at OSCA. This instance will also fulfill the capacity requirements of additional agency service providers using the system. In addition to the software required for this solution, technical resources will be required to support the users, which will be housed at OSCA. The recommended approach to accomplishing this scope is to divide and conquer in staged activities. The first activity is the project planning, requirements gathering, and cost analysis. The objectives of this activity are to develop the requirements and technical specifications for this project and the associated costs. In addition, a realistic work plan for the project will be developed in conjunction with all state agencies involved. The second activity of Phase I will involve all the technical work and system testing necessary to set up the data connections and exchanges between all the agencies involved with this project. The third activity of Phase I includes full customer acceptance testing of the products and implementation of all changes. The last activity of Phase I includes all train the trainer sessions, communication, documentation, and project initiative marketing. We will also conduct lessons learned sessions with all stakeholders to ensure future roll-outs and enhancements to the JIS system are implemented smoothly. Problem Statement: 1 1 Retrieved from document at http://www.flgov.com/pdfs/ChildAdvocacy/cycdatasharingcomposite.pdf Solution: 2 2 Retrieved from document at http://www.flgov.com/pdfs/ChildAdvocacy/cycdatasharingcomposite.pdf 3 Retrieved from document at http://www.flgov.com/pdfs/ChildAdvocacy/cycdatasharingcomposite.pdf 3 IV. Technical Requirements Gathering Considerations In order to reach the goal of eight live data sources and 10 data exchanges available for all the agencies, there will need to be a planned approach to gather requirements and a communications plan followed. *This schedule is very aggressive and if the requirements are not gathered in these scheduled JAD sessions, then the teams will need to continue to meet until all information is gathered. CYC Project - Suggested Meeting Agendas and Invitees 1. Kickoff Meeting a. Preparation: Each Cabinet Agency needs to identify a lead policy coordinator who will attend all JAD sessions and is empowered to represent their agency on data sharing issues; Each agency needs to identify 'SME's'- subject matter experts for their own agency JAD sessions. Each invitee is asked to read CYC data catalog and have a data connection suggestion for their agency to supply and top eight data connection wish list. b. Invitees: Project Director, Children and Youth Cabinet Inter-agency members, Project Manager, Project Lead, Consensus Building Leader, Agency Lead Policy Coordinators c. Agenda: i. Discuss Project Background and Project Launch Tasks ii. Consensus building exercise to reach eight data sources iii. Discuss communication plan, all mailing lists and purpose, plus web site iv. Briefly mention the Project Management Plan, Communication Plan, and project schedule that is posted on the web site v. Discussion - number of users per agency d. Assignments: Ensure that the proper agency subject matter experts for the data systems will be present at the JAD sessions. e. Takeaways: Consensus on eight data sources and any action items 2. JAD Workgroup Session One (per agency): a. Preparation: All agency lead policy coordinators should have a good idea of how they want to use the data sources from other agencies and be ready to discuss any roadblocks to sharing their own agencies data b. Invitees (8-12): Project Manager, Project Lead, JAD Session Leader, Agency Lead Policy Coordinators, Agency subject matter experts, Implementation Manager c. Invitees (1-5): Project Manager, Project Lead, JAD Session Leader, Agency Lead Policy Coordinators, Agency Technical, Implementation Manager d. Agenda (8-12): i. Main conversation is about the specified Agency data source- who can use the data, who wants to see the data, how can the usage best help the state of Florida? ii. What policy, statutes, rules, roles, business re-engineering needs to be changed to accommodate data sharing? e. Agenda (1-5): i. How is it technically possible to exchange this data? Detail data exchange definition. f. Assignments: Any action items from the day 3. JAD Workgroup Session Two (per agency): a. Preparation: Action Items follow-up b. Invitees (8-12): Project Manager, Project Lead, JAD Session Leader, Agency Lead Policy Coordinators, Agency subject matter experts, Implementation Manager, Agency Legal representative c. Invitees (1-5): Project Manager, JAD Session Leader, Agency Lead Coordinators, Agency Technical, Implementation Manager d. Agenda (8-12): i. Follow-up on main conversation is about the specified Agency data source- who can use the data, who wants to see the data, how can the usage best help the state of Florida? ii. Follow-up on what and how policy, statutes, rules, roles, business re-engineering needs to be changed to accommodate data sharing? e. Agenda (1-5): i. Follow-up on how is technically possible to exchange this data? What is required to complete? f. Assignments: i. Each agency lead policy coordinator to write a business requirements document and technical specifications document. DUE: 4/15 ii. Each agency to complete a 'business process re-engineering implementation plan' that describes in detail how their agency will benefit from the usage of other agency's data sources. DUE: 5/13 iii. Each agency will review and execute the MOU with OSCA to ensure the funding is made available to begin Phase 1 of the project. Due 4/15 iv. Each agency will produce a cost analysis after the business and technical requirements are produced. Due 6/15 g. Takeaways: Documented 'system name' for each agency terms of use, who can access, how, when, data sharing agreements, detailed data exchanges, and technical level of effort required for each agency to complete this project. V. Benefits to Leveraging Existing JIS system to create a Children and Youth Inquiry System Proven, successful data sharing system, running for seven years * Multimillion dollar foundation already in place * Minimal cost is for the connection of new data sources, software and support * No data warehouse – Data stays in place maintaining data integrity – Agencies maintain control and security over their data * Real time access to data with single sign on – The most recently posted data is always immediately available * Leverage Already Connected Agency Data – Florida Department of Law Enforcement – National Crime Information Center (FBI) – Department of Highway Safety – Department of Corrections – Appriss/JX Exchange System (Jail Booking 42 States) – Department of Juvenile Justice – Comprehensive Case Information System (CCIS 67 Counties) * Consistent User Interface across all agency users * Role based security – Users are limited to data sources and unique data elements based on roles determined by the agencies * Consolidated summary view of correlated results * Drill-down into each agencies detailed results * Automate data and document transfers between systems * Eliminate re-keying efforts * Route data sets from 1 to many agencies simultaneously * Apply rules to routing data and documents * Comprehensive logging and auditing of inquiries and transactions * Extendable by adding additional agency data sources and users/roles * DCF, DJJ, DOH already using system on a pilot offered by the Courts * Improve service delivery, gain comprehensive views of cases/children at a time when resources are limited VI. Cost Benefit Analysis 4 I. Highlights * AHCA: Approximately 5,000 recipients have to be researched each month. Time to research is estimated at 5 minutes. Approximately 10% have to be mailed to county. Time to research and prepare correspondence is 15 minutes. Plus the cost of postage. Response back from county can take many weeks. * DCF: Quicker access to consistent information--shared in timely fashion--may save children and vulnerable adults from injury, permanent disability, and even death. These benefits are intangible, and this initiative will help a reduced workforce spend less time hunting information and more time coordinating care. * DJJ: Using the Children and Youth Cabinet Data System has the potential of increasing the effectiveness of the Department's operation. With ever increasing workload and the requirement to cut budgets, this system has the potential to allow staff to spend less time on administrative tasks and more time with direct contact with the youth. * DOE: As with the proposed system envisaged by the Florida Children's Cabinet, consolidating related data functions greatly facilitates coordination on a variety of data collection and access issues including collection cycles and methods, data element definitions, security, exchange protocols, access, research, and reporting. It also facilitates higher levels of programmatic and service integration at the state and local level. * GAL: With access to better information concerning our children, our case coordinators will be more efficient, consistent and able to get this information back to our volunteers and staff on a quicker basis. Although this efficiency does not lend itself to being captured in terms of dollars and cents, it does provide better advocacy for our children in need. Additionally, if we are able to utilize the background investigation component of the system, we will be able to more promptly turn around the backgrounds and have volunteers in place sooner. * AWI: We believe that increased data sharing capabilities will provide a variety of benefits for our agency and local partners. These include reductions in payment errors, improved case management, and reduced time to process cases. Based on this analysis, we are pleased to support this project. 4 Extracted from CYC Summary date September 22, 2008. II. Funding Avoidance (Please see each agency's analysis for detailed information) * AHCA $40,427,807.59 Assumptions: ~Research will take half the time. ~No mailing will be required. Staff Cost $30,864.29 Additional Collections @ 90% Positive Return $40,396,943.30 Potential Savings/Additional Revenue $40,427,807.59 * DOH $1,246,301 Estimated annual Cost Savings after complete integration of 16 systems selected by DOH $1,347,530 Phase I annual recurring cost after start-up (62,504) Phase II annual cost the additional systems (38,725) * Annual Total Cost Savings $1,246,301 * Due to unknown life term of this project, the total annual cost savings estimate of $653,771 does not include FY08/09 (1st yr) Phase I & II start-up cost of $185,810 and $147,850. Time Available for reallocation(Please see each agency's analysis for detailed information) * AHCA 6,000 hours per year * DJJ 12,500 hours per year IV. Overall Benefits (Please see each agency's analysis for detailed information) * APD * Identification of Fraud: o APD may be able to determine if there is duplication of waiver services rendered to a child through viewing several agencies' data about that child. o APD may be able to determine actual guardianship of a child (if the child is currently in the custody of DCF, and someone else brings the child in for services) and identify possible fraud. o APD would have access to Vital Statistics information about a child (birth and death records). o APD employee would only have to sign onto one computer system versus several systems to view information about a child. * Forensic Services: o APD could have direct access to County Clerk records to obtain a person's juvenile or criminal history for competency referrals and residential options. * Provider Enrollment: o Access to AHCA or DCF license revocations to ensure that our current licensees and those that apply for licenses haven't had their licenses revoked by those agencies. This is currently a manual process. o Access to DOH environmental health survey information on our licensed residential facilities. We are currently accessing this information. o Access to criminal violations for APD providers. We are currently accessing this information. CYC - Project Management Plan for Data Sharing Phase I - final version III. * DCF * DOE * DJJ * Supported Living and Employment Program: o Access to AWI data to allow verification of benefits, anticipate individuals graduating from schools and offering employment support if that individual is on our waitlist. * Efficiency (accessing a single site); * Consistency of information and fewer opportunities for miscommunication if it comes from one place; * Consistency of practice and ease of training (getting information from the same place instead of many places); * Timeliness (the information is readily available to authorized users); * Better ability to demonstrate due diligence for background searches for relative and non-relative placements for foster care; and * Better decisions about care and service and clearer communications among all involved professionals; * Better ability to document background searches for adoption (for good practice and federal compliance). * Access to data to assist in the location of students when they are absent from the classroom. * Ability to associate external influences (health, legal, etc.) with classroom performance. * Background information for reasons for perpetual truancy. * By integrating data systems on an ongoing basis, consistent business rules and processes will be developed that do not have to be replicated on an ad hoc basis. * This is often done on an as needed basis and requires considerable effort to meet with, work through information sharing protocols, and follow-up with analyses and personal contact. * At the local level, considerable efforts are expended among local agencies to assist children and families in need of services. * These efforts can be facilitated considerably by a continuously updated, current data system containing information about individual children and their families. * The specific value will depend on the actual data fields made available and the speed and accuracy of the data sharing process relative to the current process. * The benefits of this approach include the use of the state's repository of education data to define information that will alert local communities about issues which may have both local and systemic impact. * For example, students who are absent from the classroom for extended periods of time are often receiving services from other state and locally administered programs or have been relocated into a juvenile justice facility. * By having timely access to extra-education data, accommodations and interventions can occur in a more appropriate manner. * Teachers and school administrators are unable to locate these students in a timely fashion in order to make the appropriate accommodations. * This would give teachers and administrators access to valuable information on events which occur outside the classroom, yet have major impact on activities inside the classroom. * Detention o Easy access to systems such as FCIC/NCIC and Department of Corrections (DOC) will tell our staff within minutes if the person picking up a youth has an arrest history, active warrants, whether or not they are a sexual predator, etc. This will make the Department more compliant with requirements to check adults picking up youth. * Probation o Youth presented to the Department for detention screening do not always meet criteria for secure detention and must be released. Staff wouldn't have to spend hours searching multiple databases from multiple agencies to complete a thorough background check on adults that youth are released to. o The ability to quickly access jail booking data keeps staff in the loop on those cases where they have a youth 18 years of age on juvenile probation that gets arrested and booked into a county jail, but bonds out before the JPO can get a hold in place. Public safety is jeopardized when youth bond out of jail without the JPO knowing about it. o Department of Highway Safety and Motor Vehicles data would tell the JPO whether or not a youth is permitted to drive an automobile. Youth sometimes have their driver's license suspended or revoked and the JPO is the last person to know about it. o Data from the various Clerks of Court systems is vital. This is where the JPO can go to access information on upcoming court dates, restitution payments, pending pick-up orders for failure to appear, address changes made without JPO knowledge, etc. o Many of our youth are required to participate in various programs that require as part of their admission a copy of the youth's immunization records, health records and school records. The Children and Youth Cabinet Data System would provide all of this required information with just one query of the system. o A large percentage of youth on Probation are also served by DCF. JPOs would greatly benefit from having direct access to DCFs data. Our staff needs to be able to stay informed on any dependency issues past or present to ensure that our agency does its part to protect victims of abuse and neglect. Also, our staff will be safer if they know who in the child's life is considered dangers. * Inspector General * AWI o The Inspector General is required to conduct many investigations that require checks into multiple agency system. The Children and Youth Cabinet Data System would greatly reduce the amount of time it would take to gather information from these multiple systems. Also Background Screenings could be done faster with the ability to use this system o Reduced payment errors. Improved documentation of income and other eligibility criteria would result in better determinations of client eligibility and co-payments. Local staff must review several different types of documentation to establish a client's income. Some of this documentation may be selfdisclosed. Direct access to some of this information, such as court-ordered child support payments, would improve income documentation and reduce payment errors. o Improved Case Management. Case managers can be expected to have more information when supporting our clients. The ability to identify other programs serving a client or collect information regarding a client's needs will help improve the overall level of case management. o Reduced time spent collecting client documentation. Case managers will be able to reduce the amount of time spent collecting appropriate documentation for the client if that information is made available through the proposed system. o Reduced time for provider eligibility determination. Simplified and real-time access to licensing and other data on child care providers will simplify the process of determining whether a provider is eligible to participate in state funded programs. o Reduced time for establishing teacher credentials. Access to records maintained by DCF and DOE could reduce the amount of time it takes determine whether a teacher has the appropriate credentials to participate in state funded programs. VII. Identified Initiative Risks Risks will arise throughout the duration of the conversion exercise and are documented below: \| \| Risks \| Mitigation Strategies \| \|---\|---\|---\| \| Agencies may lack participation and project will fall behind \| \| \| \| JAD sessions may lack the correct subject matter experts \| \| \| \| General barriers to data sharing, policy, HIPAA, legal requirements \| \| \| \| Project requires significant culture change in state agencies to work \| \| \| \| Funding resources may not be available \| \| \| VIII. Project Success Criteria The following criteria have been identified to measure the success for Phase I: \| \| Critical Success Factor \| Measurable Criteria \| \|---\|---\|---\| \| Defining of data and the selection of eight data sources \| \| \| \| Eight data sources are available for 1,000 users and eight state agencies \| \| \| \| User capacity \| \| \| \| User satisfaction surveys indicate efficiencies gained on the job \| \| \| \| Children/cases handled more efficiently, less time on a case searching for more info, more time to look at other cases \| \| \| \| Better decision-making by program staffers on cases due to holistic view of cases \| \| \| \| Less time spent on re-keying data and faxing/mailing hard copies of data, less money on postage \| \| \| Appendix A – Judicial Inquiry System (JIS) Additional Background and Information The JIS is a web-based system that enables judges, judicial staff, and other governmental entities to access multiple data sources through one point of entry. The system is a secure, anywhere access system where a single query can gather information from many different data sources and display the information in a user friendly format. Through the JIS, information is streamlined from a variety of local, state, and federal agencies as listed below. APPRISS: This data source compiles information entered into the jail booking applications throughout Florida as well as 42 additional states providing up-to-date arrest information as well as current booking images. CCIS - Comprehensive Case Information System: This data source from the FACC provides current information on court cases for all 67 counties in Florida. In most cases a local clerk detail link is available on an individual case enabling the user to go directly to the Clerk's website to view the progress docket; otherwise the docket is available directly through the CCIS. DHSMV – DAVID Driver and Vehicle Information Database: This data source provides driver history, vehicle, and vessel information as well as images from the Department of Highway Safety and Motor Vehicles. (Image access is dependent upon user profile.) DJJ - Department of Juvenile Justice: This data source provides information on juvenile arrest, probation, incarceration and dispositions. OSCA is currently working with DJJ on a pilot to receive photos from four circuits. DOC - Department of Corrections: This data source provides information regarding the status of individuals who have been placed under the supervision of the DOC. For example, in addition to providing detailed information regarding arrest date, underlying offense and dates of supervision, the file will also indicate if the individual is currently: Supervised, Incarcerated, or No Longer under Department Custody. FCIC – Hotfiles: This data source provides information from the Florida Department of Law Enforcement regarding outstanding Warrants, Injunctions, Probationary Statuses, as well as risk identifications such Violent Felony Offender of Special Concern (VFOSC), High Risk Sexual Offender (HRSO), Sexual Offender or Sexual Predator, and Habitual or Career Offender. FCIC – Rap Sheet: This data source provides the information regarding arrest history and disposition from the Florida Department of Law Enforcement. This is the traditional rap sheet providing the oldest arrest first and most recent arrest last. FCIC – FL Summary: This data source provides information regarding arrest history and disposition from the Florida Department of Law Enforcement in a summarized format. The Florida Summary Rap Sheet summarizes the arrest history listing total number of felony arrest and convictions, total number of misdemeanor arrests and convictions, total number of incarcerations, etc. The most recent arrest appears first, with the oldest arrest appearing last. NCIC – National Crime Information Center: This data source provides information regarding all out of state arrest history. Any information that is provided when querying the NCIC will be provided in a tab format in the NCIC file either by identifying the state that provided the arrest history, or through the generic 'FBI' tab which captures immigration and federal law enforcement arrests. By extracting and making readily accessible information from different databases, the system allows judges and other users to obtain comprehensive search results from a single query, saving both time and money. Users can also obtain necessary information rapidly, retrieving a complete criminal history background check more readily than ever before. The system saves users a tremendous amount of time and effort by allowing the users to log into one system and gather the information from multiple data sources, rather than having to log in and out of nine different data sources. Currently, there are approximately 4100 users and growing. The system will also flag individuals that have warrants, injunctions, suspended/revoked drivers license, concealed weapon permit, sex offender/predator or a violent felony offender, etc. With the recent catastrophe at Virginia Tech, the OSCA was contacted by many users requesting that the OSCA add concealed weapon permit information. This status was added within a week and the users will now know immediately if an individual has a concealed weapon permit. Another enhancement recently added to ensure public safety is the immigration and federal arrest information. This will ensure that in addition to Florida and national information provided, the system now also includes any federal arrest information as well. When a query is performed, the JIS system filters through the responses to find common identifiers that match from each data source. The identifiers used are FBI number, SSN, DOC number, SID number and DL number. If none of the above identifiers match, a combination of exact matches on first name, last name and DOB are used. For example, if the two responses have the same FBI number, it will match the records together. Also, if the responses have the same first name, last name and DOB it will match as well. The strength of this matching process allows the JIS to limit the possibility of matching two people that may not be the same person. One of the concerns with going to multiple data sources was matching records together that may not be the same person. This is why the conservative approach is used. A weakness to this approach is that the system may miss someone that could have a misspelled name or incorrect ID entered. However, even though they may not merge, the names will still be displayed as probable matches to the user and they will have the discretion to view each possibility. All users are set up based on profiles determined by the type of requestor (i.e. judge, case manager, state attorney, public defender, sheriff, etc). This allows the user to view only the data that they are authorized to access based on their role, Florida Statutes, rules or the policies of the data source provider. There is also an audit log in place where each user is tracked and any queries performed are tracked as well. In addition, some of the agencies have means to track users. For example, FDLE tracks users by their Social Security number. Therefore when a query is performed that number is passed to FDLE and they log it. DHSMV tracks the users by the digital certificate, which has the user's name. Mandated Legislative Enhancements The JIS was augmented to accommodate the demands of the Jessica Lunsford Act (JLA), signed into law in May 2005. As of April 17, 2006 the expanded JIS includes what is called a "JLA First Appearance Calendar"—a function that provides judges, state attorney, public defenders and other criminal justice officials automatic access to information essential for the appropriate treatment of the recently-arrested during their first appearance hearing. Among other things, it has a risk status alert section that immediately identifies high risk sexual offenders, sexual predators, outstanding warrant(s) and those who are on supervised release status. In the next month the JIS system will also identify those individuals that are Career/Habitual Offenders. In March 2007, The "Anti-Murder Act" was signed by Governor Crist which creates s. 903.0351, F.S, which calls for special handling of offenders on probation who are designated as Violent Felony Offenders of Special Concern (VFOSC). The "Anti-Murder Act" provides the courts, state attorneys, public defenders, and the booking agency with a means of readily identifying when an arrested person meets certain criteria. Except where an alleged violation of probation or community control is based solely on the failure to pay costs, fines, or restitution, this Act provides that the certain types of offenders shall not receive pretrial release prior to the violation hearing. To implement this requirement, when a VFOSC is identified via fingerprints as part of an arrest, the JLA calendar will immediately flag the individual as a VFOSC. The booking facility, in the county where the person is arrested, must insure that state and national criminal history information is provided to the court at the offender's first appearance. The booking facility must also provide notice that the arrested person meets the requirements for restrictions as provided in this Act. First Appearance Calendar (JLA) The JLA calendar allows the end users to customize their county's calendar to ensure that the view is somewhat similar to what they are accustomed to seeing. It also has additional functionality as described below: * Capture real time booking information via Appriss/LiveScan systems * Performs automated query of various systems to compile Computerized Criminal History (CCH) record * Intelligence built into system to evaluate threat level of the offender based on statute and criminal history record (HRSO, VFOSC, sexual predator/offender, violation of parole, outstanding warrants, injunction) * Ability to view today's and tomorrow's 1st appearance calendars * Ability to add or delete individuals from each calendar * Ability to provide e-mail notification of VFOSC and HRSO * Queried results stored for 24 hours, for easy re-creation and retrieval of data * Ability to refresh and revise 1st appearance cutoff times * Ability to do a batch print of FCIC, NCIC information from JLA * Ability to move subjects between today and tomorrow's calendar * Ability to manually merge subjects on the calendar based on alias Volusia County has been the pilot for the JLA calendar and has been instrumental in making suggestions to improve the calendar. In July 2007, the first appearance courtroom went paperless and they use the JLA calendar as their tool to access the data on individuals appearing before the judge. Benefits: * Time savings. We have numerous "testimonials" documenting how this system has saved hours of work. It is a one-stop (consolidated) view of data that would otherwise require hours to navigate for the user and eliminates the need to obtain different user id's, passwords, digital certificates, etc. * Users have indicated that there is improvement in the quality of the research therefore resulting in improvement in the decision making process for the investigator and judiciary. * Most, if not all, of the current users only have JIS to access this information (they gave up their other access methods). * Flexible. The major workload associated with obtaining the database connections is completed; therefore adding in new data such as the "Concealed Weapons" is accomplished within days. * Knowledgeable staff supporting this very complex system. It takes months for staff to learn enough to be able to support users. * On-call staffs are used to answer questions quickly and efficiently. The users of this system need the system to be available 24x7. * Provide e-mail notifications of HRSO and VFSCO – this has been well received by the users since this e-mail goes directly to them if requested. * ISS is working with OCI to implement a "data push" process to populate the dependency system. 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Agenda Item 16 To: Cabinet Date: 16 March 2022 Report of: Head of Law and Governance Title of Report: Transgender flag flying Summary and recommendations Purpose of report: To seek Cabinet approval to fly the Transgender flag annually on 31 March for International Trans Day of Visibility following the motion passed by Council on 29 November 2021 titled “Becoming a trans inclusive Council“. Key decision: No Cabinet Member: Councillor Susan Brown, Leader and Cabinet Member for Inclusive Growth, Economic Recovery and Partnerships Corporate Priority: Support Thriving Communities Policy Framework: Council Strategy 2020-24 Recommendation: That Cabinet resolves to: 1. Authorise the flying of the Transgender flag annually on 31 March for International Trans Day of Visibility. Introduction and background 1. The Council's Flag Flying Protocol was agreed by the City Executive Board (now Cabinet) on 13 March 2019. The protocol stipulates that decisions on annual or regular flag flying commitments must be considered by Cabinet, while the consideration of one off requests is delegated to the Head of Law and Governance in consultation with the Leader of the Council, who may consult with other political group leaders. Becoming a Trans Inclusive Council motion 2. Council on 29 November 2021 passed a motion titled "Becoming a Trans Inclusive Council" in which Council, among other things, resolved to request that Cabinet agrees to fly the Transgender flag annually on International Trans Day of Visibility. (31 March), in addition to Trans Day of Remembrance (20 November). This report seeks a Cabinet decision on the request from Council. Flying the Transgender flag 3. If the recommendation in this report is agreed, the Transgender flag will be flown annually on 31 March (in addition to 20 November) from the mast above the Edinburgh Woollen Mill shop on the corner of St. Aldate's and High Street. As with all flag flying commitments, this will be subject to the weather, safe access to the flagpole and the availability of suitably trained staff. Financial implications 4. The Council already has a Transgender flag so there would be no financial cost to the Council if Cabinet was to agree the recommendation. Legal issues 5. The responsibility for flag flying to mark events and occasions lies with Cabinet; it is an Executive function under the Local Government Act 2000 as it is not specifically reserved to full Council. The flying of flags is not the subject of statute across Great Britain. The Council's constitution provides that flag flying will be an Executive matter. 6. Under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 flags are treated as advertising for the purposes of planning consent. Certain flags can be flown without the express consent of the local planning authority but the Transgender flag does not fall into this category. 7. Planning Services have confirmed that planning consent is already in place for the Transgender flag to be flown and there are no conditions specifying that it can only be flown on certain days, so no further approval is needed. Level of risk 8. Council commitments to fly flags may be regarded by organisations and communities as being a significant honour. The recommendation in this report would give effect to a commitment that has already been expressed by Council. A risk register is attached as Appendix 1. Equalities impact 9. Flags are emotive symbols that have the potential to cause controversy or create tensions between communities or interest groups whose views and interpretations may differ. The Council has a responsibility to carefully consider the potential impacts of flying flags on communities, equalities and protected characteristics. The recommendation in this report may be seen as promoting diversity and supporting marginalised and vulnerable groups without adversely impacting upon equalities or serving to disadvantage any groups. This page is intentionally left blank	<urn:uuid:264bb9a6-0ae6-4315-b70c-ba35f482a285>	CC-MAIN-2024-33	https://mycouncil.oxford.gov.uk/documents/s65583/Transgender%20Flag%20Flying.pdf	2024-08-09T05:22:27+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-33/subset=warc/part-00041-4f628544-3cdf-4526-86aa-bdfa0b33cdc9.c000.gz.parquet	315,751,716	786	eng_Latn	eng_Latn	0.981673	eng_Latn	0.994695	[ "eng_Latn", "eng_Latn", "unknown" ]	false	rolmOCR	[ 1533, 3997, 4036 ]
Heterodox Economics Newsletter THE YES MEN FIX THE WORLD, A film written and directed by Andy Bichlbaum and Mike Bonanno, Shadow Distribution, 2009. Reviewed by Brian Werner, University of Missouri – Kansas City On November 29, 2004. Jude Finisterra, spokesman for the Dow Chemical Company, appears on BBC World Television and announces that Dow will takes full responsibility for the 1984 Bhopal disaster and will spend $12 billion to compensate victims and clean up the former Union Carbide plant (Dow purchased Union Carbide in 2001) in Bhopal, India where a gas leak killed thousands and has sickened hundreds of thousands. Was that the beginning of a new era of corporate responsibility? Not so much. It turns out that Jude Finisterra is not a Dow spokesman; he is not even a real person. He is a character played by Andy Bichlbaum, one of the Yes Men. The hoax is shown in the opening scene of The Yes Men Fix The World, the second documentary film by Bichlbaum and Mike Bonanno. In it, Andy and Mike set out to fix the world, dressed in thrift-store suits and armed with video cameras. The basic strategy of the Yes Men is pretty simple. In fact, they reveal their tactics to encourage copy-cats. They make a fake website for the target company and use it to get speaking invitations at conferences and media outlets. Posing as company representatives they pitch a ridiculous new idea such as a biofuel made from human flesh in an attempt to wake up their corporate audience. This type of action does not always get the intended response, so the alternate strategy is simply to announce that the organization is going to do what the Yes Men think they should. What are they fixing in the world? The Yes Men believe that contemporary capitalism has given large corporations too much power over the direction of our society and produced a system that prevents companies from doing the right thing. They connect a series of industrial and environmental disasters, from Bhopal to Hurricane Katrina and the destruction of public housing in New Orleans to the ideology of what they label as the "free-market cult." The background research section is made up of surprisingly funny interviews with a number of free market thinktanks. From there it traces their antics impersonating representatives of Exxon-Mobil, Haliburton and even the Department of Housing and Urban Development (HUD). Besides being funnier than most political documentaries, the film also is timely. December 2009 marked the 25 th anniversary of the Bhopal disaster, while the financial crisis and recession have stirred basic questions about the functioning of our economic system. In the film's most moving scene, Andy and Mike actually go to Bhopal and meet with those who are still suffering from the catastrophe, showing that despite the humor, they take their subject matter very seriously. The film might be entertaining to someone who does not agree with their political views, but that person is definitely not the intended audience. The movie is more of a call to action for those who already agree with the basic premise. In this, the title is deliciously ironic. It pokes fun at their obviously inadequate efforts, while at the same time imagining that fixing the world is actually possible. The movie is inspiring in its creativity and because it is just a few guys doing Heterodox Economics Newsletter what they can. Although they do not ultimately succeed, they do make some waves. For those who would point out their shortcomings, there's an implicit challenge of "what are you doing to fix the world." The film is showing in limited engagements across the United States. For information about screenings see: http://theyesmenfixtheworld.com/screenings.htm	<urn:uuid:7feb2940-c08e-4162-902b-877dbdf1e8df>	CC-MAIN-2019-22	http://www.heterodoxnews.com/htnf/htn93/Werner-YesMen.pdf	2019-05-22T22:38:16Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-22/segments/1558232256980.46/warc/CC-MAIN-20190522223411-20190523005411-00234.warc.gz	267,772,699	760	eng_Latn	eng_Latn	0.998148	eng_Latn	0.998888	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 3362, 3753 ]
Year 1 Curriculum Overview Term 3.1 Teaching Team: Miss Rock, Miss Ilyas and Miss Hussain Mrs Kauser, Mrs Cheema SLT: Miss Fox PE Days: Tuesday and Thursday On these days, children must be wearing their PE kits. This includes a white t-shirt, black tracksuit bottoms and trainers. No jewellery is to be worn, parents must remove this before bringing their child to school on these days. Homework: Workbooks will be given out every Friday and need to be returned to school by Tuesday. New reading books are given out every Monday . The children will need their reading books every day for guided reading sessions. Please see below an overview of the main themes, knowledge and skills we will be covering this half term. \| Enquiry Question \| “What do we know about Birchfield Primary School?” \| \|---\|---\| \| Significant People \| Samuel Wilderspin (1791-1866), one of the founders of modern schooling, had a profound impact on educational practice and the design of schools. Wilderspin first developed the school playground and new ways of teaching that still continue today. After many years spent travelling and promoting infant schooling throughout Britain and Ireland, Wilderspin opened 2000 schools across the United Kingdom in the Victorian times, including one called Queen Street School in Barton-upon-Humber. He worked there as a teacher until he retired in 1848. \| \| Class Texts \| Title: The Colour Monster Goes to School Author: Anna Llenas Fiction text. The Colour Monster navigates his way through his first day of school! \| Writing This half term, children will identify the language and \| RE \| In R.E, they will be exploring the importance of being courageous and confident through class discussion and stories such as David and Goliath and The Story of Hamza. Children will explore loyalty and being steadfast through the Christian festival, Easter. Children will also explore the disposition ‘Remembering Roots’ and learn about the origins of the celebration of Eid ul Fitr. \| \|---\|---\| \| PSHE \| In PSHE, the children will continue their learning about money. They will identify how money is obtained and how people make choices about what to do with their money. Children will explore the difference between needs and wants. After this, the children will be exploring the question ‘ Who helps to keep us safe? ‘They will learn about different people in the community that help them to keep safe, who can help us in different places/situations, how to respond safely to adults we don’t know, the pants rule and what to do if we feel unsafe or worried. \| \| Computing \| During this half term, the children will continue their learning on early programming concepts. They will then be introduced to data and information. They will learn that labelling, grouping, and searching are important aspects of data and information. This unit of work focuses on assigning data (images) with different labels in order to demonstrate how computers are able to group and present data. \| \| Music \| In music, the children will be learning to sing and preform the song: ‘Your Imagination’ by Joanna Mangona and Pete Readman. They will listen and appraise different songs in other styles and will learn to \| find the pulse and rhythm during warm up games. Children will be encouraged to add movement to the songs and use their imaginations to choreograph movement to the song. They will also learn to play different musical Instruments with the song. Knowledge Organisers: History Science Maths Home Learning This half term, our school value is 'Resilience'. Please discuss what this means with your child and how they can show ambition at school and at home. Please talk to your child about the knowledge organisers and the key information and vocabulary in readiness for each new topic. Please ensure your child reads at home with an adult every day. We would like an adult or a sensible sibling to comment in the reading diary every time they read. Research Samuel Wilderspin. Who is he? What did he do? How does he link to our value this half term? Maths interactive games https://www.topmarks.co.uk/maths-games/hit-the-button https://ictgames.com/mobilePage/hund r e d S q / i nd e x. ht m l https://ttrockstars.com/ Phonics interactive games – https://www.phonicsplay.co.uk/ https://www.topmarks.co.uk/Search.aspx?q=phonics%20games% 20year%201	<urn:uuid:ce2e2aca-c653-4ad8-9fd0-a72a5fe159d8>	CC-MAIN-2024-30	https://birchfld.bham.sch.uk/images/foryou/curriculum/2023-2024/3-1/year-1-curriculum-overview-3.1.pdf	2024-07-18T05:48:12+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-30/subset=warc/part-00122-65338ae2-db7f-48fa-a620-71777c40d854.c000.gz.parquet	113,467,672	951	eng_Latn	eng_Latn	0.998465	eng_Latn	0.998514	[ "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "eng_Latn", "unknown", "unknown", "unknown", "eng_Latn" ]	false	rolmOCR	[ 618, 1541, 1607, 3212, 3456, 3487, 3496, 3503, 4372 ]
THE INFLUENCE OF STRONGYLIDAE INFECTION ON MORPHOLOGICAL CHANGES OF INTESTINAL TISSUES IN HORSES Galina Lukianova 1 , Nikolaj Barsukov 2 , Tatjana Filonenko 3 , Aleksandras Vitkus 4 , Kristina Lasienė 4 1Department of Epizoothology, Parasitology and Veterinary Sanitary Inspection National University of Life and Environmental Sciences of Ukraine Southern Branch "Crimean Agrotechnological University", vil. Agrarne, Simpferopol, AR Crimea, Ukraine Department of Work Safety with courses of Histology and Radiobiology 2 National University of Life and Environmental Sciences of Ukraine Southern Branch "Crimean Agrotechnological University", vil. Agrarne, Simpferopol, AR Crimea, Ukraine 3Department of Pathological Anatomy with the Course of Dissection, Crimea State Medical University Named After S.I. Georgievsky, Lenin Avenue 5/7, 95006, Simferopol, Ukraine Department of Histology and Embryology 4 Academy of Medicine, Lithuanian University of Health Sciences, A. Mickevičiaus 9, LT-44307 Kaunas, Lithuania Correspondence and reprint requests to: Prof. Dr. Aleksandras Vitkus; E-mail: [email protected] Summary. 12 horses infected with Strongylidae helminths only were used for this investigation. These horses were infected mainly with S. edentatus and Cyathostomidae (11.6±1.4 ir 14.1±2.6 helminths/10 cm², respectively (P≥0.05)). Number of S. vulgaris helminths was significantly lower compared to S. edentatus and Cyathostomidae (3.7±0.2 helminths/10 cm²) (P≤0.05). Histological study of horse intestinal tissues, which were affected by Strongylidae larvae, showed local changes in the shape of connective tissue capsule around the cysts in the area of implantation of parasites, tissue oedema, vascular congestion and lymphocytic and eosinophilic infiltration in the wall of the small and large intestines. Keywords: Strongylidae, helminths, horse, intestine, morphological changes.	<urn:uuid:0223bdde-43d3-402c-88b5-a16dfbc05702>	CC-MAIN-2018-22	https://vetzoo.lsmuni.lt/data/vols/2012/57/en/lukianova.pdf	2018-05-24T15:24:31Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-22/segments/1526794866511.32/warc/CC-MAIN-20180524151157-20180524171157-00215.warc.gz	666,191,440	507	eng_Latn	eng_Latn	0.638785	eng_Latn	0.638785	[ "eng_Latn" ]	false	rolmOCR	[ 1912 ]
FAST BIKES BST CARBON WHEEL TEST! CAN CARBON HOOPS REALLY MAKE YOU 2-SECONDS A LAP FASTER? STREET SPORTS EVOLUTION OF THE NAKED 600 • TRIUMPH STREET TRIPPER R • BMW F800R • DUCATI MONSTER 696 • KAWASAKI Z750 • APRILIA SHIVER 750 RIDING MASTERCLASS • California Superbike School: Level 2 HOW DO THEY DO THAT? • Stunning feats on two wheels explained OCTOBER 2009 (ISSUE 227) £3.99 9 770961 798155 As well as helping towards a spiralling global depression, our wonderful Government is also spending a fortune on cash on porn, furniture and presents for their crippled parents. They’ve cut VAT, but also humped-up fags and booze, and the only enjoyment that is definitely not affected if that wasn’t enough, the world’s leaders are hell-bent on culling more horses than Beetham’s Brook, so we’ll be stuck with them for decades to come. Whether we like it or not, the internal combustion engine will become extinct in years to come. Maybe not tomorrow, but soon. The everlasting search for sacred horsepower is hitting us now. The tree-huggers are getting choppy, the environment is getting damaged, and the Ozone layer is thinning. It’s time to search for fresh alternatives. Shedding weight, advancing electronics and a barrage of new supermaterials are all key areas already being worked on. In fact, engineers involved in racing have been experimenting for years now, including using composites like our friend, carbon fibre. This research is now trickling down on to the production line for you and me to sample and enjoy. In case you hadn’t noticed, we’re kinda big on modifying here at FB. We’re also hot on getting the best for our readers, and we’re not afraid of secrets. All too many folks get giddy with horses running around their heads and chuck-on an exhaust system to remedy the gallops. But is, let’s say, 10bhp going to shave seconds off your lap time? No, probably not. Especially with a litre bike, where there’s already enough power, but not enough control. Time to get scientific. Here we have one Yamaha R1, belonging to Moby’s long-term fleet. We have a set of standard wheels, a truck (Castle Combe), some data logging equipment, and one fucking fast, sexy-ass rider (who cancelled, so we had to use Al – Ed). The aim is to back-to-back the R1’s standard wheels with the carbon BSTs, to see if the £2k asking price is warranted. To make things fair, we used a brand-new set of Bridgestone BT-03 R5s for each set of rims, and limited laps to ten each. Fasten your seatbelts. Before starting, it’s essential to note that Moby fitted Akrapovic Evolution cans and a Y-piece to the Yammy. This semi-system retails at £1,300 and brought 4bhp to the show. I don’t care if you’re name is Valentino Biaggi or Nori Spies. You ain’t going to shave seconds off your lap time again. Those of you who have experienced the thrills of Castle Combe will know it’s one of the fastest, bumpiest and gnarliest tracks in the UK. And Suzuki use it to test prior to the TT: it’s the closest thing to UK roads. The standard R1 coped well, though, and I was surprised to see a 1m16s lap, it felt planted and stable, despite the launch and the stiff feel from the front Bridgestone. My fastest lap previously was on board the JHS Racing Blade at 1m10s, with slicks, 16.5inchers, 185bhp and full race trim. So, on to the carbon slags. Being truthful, I was sceptical about the advantages, particularly at a circuit like Castle Combe. In the past, regardless of a straights, they have cornered beautifully at silken-laced Tarmac tracks, but their lightweight nature and stats shouldn’t be able to show true potential in the bumps of Combe. Or could they? Matched-up against the standard R1 wheels, the BSTs weigh less than half. Lighter wheels mean less unsprung weight which automatically reduces the moment of inertia. This is the science-speak behind weight-loss and tells us how much effort is needed to actually spin the wheel. Also needed to be illusory is the fact that each kilo of unsprung weight lost will equate to 3kg off the rest of the bike: hence the dramatically improved feel and handling. It’s a grand job we’ve given ourselves! 10 laps to gain data, as after three the tyres are still getting up to temperature. Side grip was still sketchy and there was no chance of trail-braking. The carbon does conduct heat as well as the standard wheel’s aluminium composite. Saying that, the increase in performance is instant, particularly in the slow speed chicanes where change of direction mimics riding another bike. The R1’s soft suspension doesn’t feel as soggy and more bumpier, even highlighted. Harder corners the confidence to push. The BSTs feel like flicking a crusty bogey instead of the stodgy, more viscous snout-ball of the standard wheels. Everything takes less effort. You can turn in later because you can turn-in quicker, and with finer precision. You can let off the brakes earlier, in order to get into the mid-corner faster and let the bike run. The R1’s cross-plane crank feels lighter and crisper on corner exit, and the rear wheel more sensitive to throttle movement: almost like playing an amorous game of pool. It all makes sense. The science is working. This all ties together to make a very handsome 1m14.5s lap; a difference of 1.6 seconds in favour of the car-boners, and all without playing with a single suspension setting to better suit the new wheels. Bellas rodas. It’s not all roses, beaches and fluffy clouds though. Some of the stability and planted-like-a-tree substance vanished with the BSTs. Both ends were more prone to getting a twitch-on nothing alarming, but certainly enough to limit 110° of confidence. There was also the fact that Moby’s R1 had a 2kg per pair weight saving over the wheels, especially exiting the tight stuff. But, although floaty, it is controllable. Moaning over: the GPS datalogging doesn’t lie. I knew I went faster on the carbonised midline but, despite sounding minuscule, over one and a half seconds is a huge amount. Those who have seen lap times will know. We took data from various points around Combe to back up the theory, and were also astonished by the results. For starters, the gap in terminal speed between the two sets is phenomenal. Over 10mph lends a huge hand in reducing the lap time, despite the fact that early corners will reap rewards. Although the power obviously won’t show up on the dyno, you will need approximately 35bhp more than standard wheels to accelerate from 0-125mph, than you will with a carbon-wheeled bike. On a circuit where you’re constantly razzing out of chicanes, and then chasing mph through long straights, it’s all starting to make sense. Obviously the sexed-up handling brings sexy data in favour of the BSTs. The natural world of chicane on Dean’s straight was almost ballerina-like with the carbons, and this showed with an extra 7mph on the exit. More corner speed and less inertia, meant getting into the apex earlier, rear hooking-up, and biting harder. The two ‘main’ corners of Quarry and Tower were of a similar script. While mid-corner speed was only four or five mph faster, the exit speed... was an incredible 10mph extra. Of course, all of this data was taken over a 10 lap period. If we had our ‘perfect’ lap, we’d be looking at delving into the low 1m14s, maybe even a high 1m13s. And if time wasn’t of the essence, there would be scope for playing with suspension to properly gel with the BSTs, and stop some of the issues we have at high speed courtesy of the extra feel and lighter weight. Carbon wheels were banned from racing a while ago, while some cynics say that Gucci-wheels, in general, are more show-than-go. Some have had bad press with an element of risk involved too, thanks to a few minor shunts. But in the same capacity as smashing a breeze-block with a hammer, or pummelling a virgin vagina, things are going to go wrong at some point. Regardless of opinion, we’ve quashed many rumours and set many facts with this snippet. A full-system will excite on a dyno and turn a few heads, but will never bring the same performance gains as the ones shown here. You’d have to spend another £5k on controlling that power, with extra grip and tricked-up suspension to get anywhere near. Many-a-carbon wheel is donning an exotic bike across the globe. Some just have to have them, some just wanna go bling. And some use them methodically for outright performance like our Project Superlight. However hard they try, there’s no way the fun police can upset us with this one. Or maybe they’ll ban bikes that weigh less than 200kg? A system will excite on the dyno, but won’t give the same performance gains THANKS TO Castle Combe circuit for letting us abuse them, in particular, Rodney Gooch. You too can ride the gnarliest track in the UK on one of their rare, but well-run trackdays. They start in March but the remaining dates of interest are the 2nd September, 23rd September and the 7th October. castlecombe.circuit.co.uk 01249 782417	e58b0770-4015-4abe-bbda-977c08d81e92	CC-MAIN-2024-22	https://blackstonetek.com/wp-content/uploads/2022/01/Fastbikes.pdf	2024-05-21T16:14:36+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-22/subset=warc/part-00000-4dd72944-e9c0-41a1-9026-dfd2d0615bf2.c000.gz.parquet	117,542,872	2,137	eng_Latn	eng_Latn	0.828734	eng_Latn	0.999011	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	true	docling	[ 401, 3093, 7149, 9012 ]
## Family Dining ### Menu - Week 1 \| Week commencing: \| Day \| Halal \| Garnish \| Dessert \| \|-----------\|--------------------------------------------\|----------------------------------------------\|--------------------------------\| \| Monday \| Chicken Spinach and Chickpea Curry \| Naan Bread and Mint Yoghurt \| Jam and Coconut Sponge \| \| Tuesday \| Jacket Potato \| Cheese and Beans \| Bananas and Custard \| \| Wednesday \| Chicken Pilau \| Mini Naan Bread and Raita \| Orange Jelly \| \| Thursday \| Homemade Margherita Pizza \| Wedges, Baked Beans, Cucumber Sticks and Ketchup \| Cookie \| \| Friday \| Fish Fingers \| Chips, Baked Beans and Tomayonnaise \| Iced Chocolate Cake \| ### Menu - Week 2 \| Week commencing: \| Day \| Halal \| Garnish \| Dessert \| \|-----------\|--------------------------------------------\|----------------------------------------------\|--------------------------------\| \| Monday \| Chicken Tikka Wrap \| Potato Rosti, Chopped Salad Yoghurt Sauce \| Vanilla Sponge and Custard \| \| Tuesday \| Jacket Potato \| Tuna Mayonnaise, Cheese and Salad \| Flapjack \| \| Wednesday \| Chicken Pilau \| Mini Naan Bread and Raita \| Strawberry and Cream Jelly \| \| Thursday \| Homemade Spicy Chicken Pizza \| Wedges, Baked Beans, Cucumber Sticks and Ketchup \| Cookie \| \| Friday \| Fish Fingers \| Chips, Minted Peas and Tomayonnaise \| Chocolate Cake with Chocolate Custard \|	<urn:uuid:2255b223-183b-427e-988c-37186a99ac5c>	CC-MAIN-2021-39	https://www.dixonsmn.com/uploads/files/Family-Dining-Menu-At2-30.11.20.pdf	2021-09-21T14:59:09+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-39/subset=warc/part-00224-f465d820-0362-4c4c-a396-c69f5fd24cc4.c000.gz.parquet	755,327,300	344	eng_Latn	eng_Latn	0.584711	eng_Latn	0.584711	[ "eng_Latn" ]	false	docling	[ 2053 ]
The Effects of Per Capita Tribal Payments on the Fertility, Education, and Labor Force Participation of Tribal Members James Richard Hill (Corresponding author) Department of Economics, 317 Sloan Hall Central Michigan University, Mt. Pleasant, MI 48859 Tel: 1-989-774-3706 E-mail: [email protected] Peter A. Groothuis Department of Economics, 3093 Raley Hall Appalachian State University, Boone, NC 28608 Tel: 1-828-262-6077 E-mail: [email protected] Received: September 17, 2012 Accepted: September 30, 2012 doi:10.5296/ber.v2i2.2401 URL: http://dx.doi.org/10.5296/ber.v2i2.2401 Abstract The purpose of this research is to provide a preliminary examination of the effects of per capita tribal payments on the decision making of tribal members. Standard microeconomic theory suggests that unearned income changes the labor-leisure tradeoff in utility maximization models. While the results of per capita payments on hours of work can be easily anticipated, the effects of these payments on human capital accumulation and family size are more ambiguous. Using Census data from 1990 and 2000 we shed some light on the impact of these per capita tribal payments on the lives of the recipients. We concentrate on three tribes in the state of Michigan: the Saginaw Chippewa Tribe, the Keweenaw Bay Indian Community, and the Pokagon Band of Potawatomi Indians of Michigan. The results lend support to the basic labor theory conclusion that an increase in nonlabor income causes individuals to decrease their work efforts. There is also weak evidence that the payment of per capita payments from casino profits is increasing the fertility rate of Saginaw Chippewa tribal families. Keywords: Indian casino, Per capita payments, Labor-leisure tradeoff, Fertility 1. Introduction From its modest beginnings in bingo halls among the Seminole tribe in Florida gambling on Indian Reservations has exploded into a several billion dollar industry. The nature of this gambling has changed shape until it now appears indistinct from that found in the casinos of Atlantic City or Las Vegas in many cases. These changes were aided by the Supreme Court ruling in February, 1988, that barred states from enforcing their civil codes on Indian reservations (State of California v. Cabazon Band of Mission Indians). Therefore if a state allowed some form of gambling, even if only for charitable or church-related fundraising, then the state could not prohibit such activity on reservations. In an effort to clarify and codify the rights of Tribes to open casinos and bingo halls and the rights of the federal government and state governments to regulate this activity Congress passed the Indian Gaming Regulatory Act of 1988 (Evans and Topoleski 2002). The National Indian Gaming Commission (NIGC) was established and given oversight authority of both Class II activity (bingo and similar games) and Class III activity (slot machines and casino games). In order to conduct Class III gaming on a reservation the Tribal Authorities must have an approved compact with the state government in which the reservation is located. The NIGC approves such compacts and has authority to oversee the negotiation process for these compact should there be an impasse. For instance, the state of Michigan has 11 State-Tribal compacts that allow the operation of 18 casinos. The Michigan Gaming Control Board (MGCB) inspects tribal casinos and documents to assure compliance with the compacts. The MGCB also audits the financial records of the tribes operations to ensure that 8% of Net Win proceeds from electronic games of chance are going to the state of Michigan and semi-annual 2% payments are going to local municipalities According to Barlett and Steele (2002) in 2001 "290 Indian casinos in 28 states pulled in at least $12.7 billion in revenue." But a minority of these casinos accounts for the bulk of the revenue; 39 casinos in 2001 generated $8.4 billion (Barlett and Steele, 2002). According to the Indian Gaming Regulatory Act: "net revenues from any tribal gaming are not to be used for purposes other than— (i) to fund tribal government operations and programs; (ii) to provide for the general welfare of the Indian tribe and its members; (iii) to promote tribal economic development; (iv) to donate to charitable organizations; or (v) to help fund operations of local government agencies;". While tribes have used the casino revenues in various ways to improve the lives of their members they have also been castigated for expending millions of dollars to hire political consultants to lobby Congress in the past to extend or preserve their gaming rights (Barlett and Steele, 2002). Of the roughly 200 tribes that operate casinos, some operate more than one, only 73 tribes as of June 2003 had allocation plans to distribute shares of casino profits to tribal members (indianz.com). Most so-called per capita payments are modest in size, less than $10,000 annually, but the Cabazon Band of Mission Indians in California reportedly reduced the per cap payments to $14,000 a month. The purpose of this research is to provide a preliminary examination of the effects of per capita tribal payments on the decision making of tribal members. Standard microeconomic theory suggests that unearned income changes the labor-leisure tradeoff in utility maximization models. Therefore, the first research question is: 1.) Have per capita payments caused a decline in hours of work among recipients? The effects of these payments on human capital accumulation and family size are more ambiguous. Using Census data from 1990 and 2000 we hope to shed some light on the impact of these per capita tribal payments on the lives of the recipients. Therefore, the other research questions to be answered are: 2.) Have per capita tribal payments caused a decline in educational attainment by recipients? 3.) Have per capita payments caused an increase in fertility among recipients? We shall concentrate on three tribes in the state of Michigan: the Saginaw Chippewa Tribe, the Keweenaw Bay Indian Community, and the Pokagon Band of Potawatomi Indians of Michigan. The first two tribes signed compacts with the state of Michigan in 1993 and opened full-scale gaming casinos thereafter; the Pokagon Band signed a compact in 1998 but just opened their casino in 2007. The Saginaw Chippewa Tribe has generated substantial revenue from their casino, The Soaring Eagle; the casino is located in Mt. Pleasant, Michigan near to the geographic center of the Lower Peninsula. The reservation is not far from the town of Midland, Michigan world headquarters for Dow Corporation; the cities of Saginaw and Bay City, Michigan are also within easy driving range and the casino is located just off U.S. 27 a major artery through the heart of Michigan connecting Lansing to the cottages and lakes up north. The Tribe initiated a per capita member payment in the mid-1990s which is currently at $72,000 annually for adults and $12,000 annually per child. These payments grew over time since their inception and peaked about four years ago. The tribe paid supplemental bonuses to tribe members based on the casino profits for a few years until about four years ago when revenue leveled off. The opening of casinos in the Detroit areas as well as more Native American casinos around the state has created more competition for the Soaring Eagle; the opening of the Detroit casinos has allowed this tribe to cease payment of their 8% payments to the state. The Keweenaw Bay Indian Community operates two casinos: the Ojibwa Casino Resort in Baraga, Michigan in a remote area of the Upper Peninsula and the Ojibwa II near the city of Marquette in the Upper Peninsula. Neither of these casinos generates as much revenue as the Soaring Eagle Casino. Table 1 illustrates the difference in gaming between these two tribes. The Keweenaw Bay Indian Community currently has 684 slot machines in its two casinos combined compared to 4347 slot machines in the Soaring Eagle Casino of the Saginaw Chippewa Indian Tribe. For the October 1, 2006 to September 30, 2007 time period the Keweenaw Bay Indian Community paid $665,649.35 in 2% money to the local community whereas the Saginaw Chippewa Tribe paid $7,329,997.95 for the same period. The Keweenaw Bay Indian Community does not provide per capita payments to members. Revenues from the tribe's two casinos are used according to their website: "supporting government programs of the Keweenaw Bay Indian Community such as health, housing, and social service programs to assist the membership of the Community." The Pokagon Band of Potawatomi Indians encompasses a ten county region, six in northern Indiana and four in the southwestern corner of Michigan. The new casino for the Michigan tribe is located in New Buffalo, Michigan. As shown in Table 1 it has 3000 slot machines; no figures on 2% or 8% money are available since the casino just opened. The location of this tribe is not as remote as the Keweenaw Bay Indian Community. It is not far from Kalamazoo and Benton Harbor, Michigan and Michigan City and South Bend, Indiana. Table 1. Comparison of Saginaw Chippewa Indian Tribe Gaming vs. Keweenaw Bay Indian Community Gaming \| \| Saginaw Chippewa Indian Tribe \| \| \| \|---\|---\|---\|---\| \| Year \| 2% Money \| 8 % Money \| 2% Money \| \| 1994 \| 1,696,115.42 \| 6,784,461.79 \| 206,000.84 \| \| 1995 \| 3,388,867.25 \| 13,555,505.22 \| 360,407.23 \| \| 1996 \| 4,177,889.84 \| 16,740,180.72 \| 391,578.76 \| \| 1997 \| 5,493,601,.88 \| 21,974,407.55 \| 510,128.96 \| \| 1998 \| 6,659,671.60 \| 26,638,686.37 \| 467,177.72 \| \| 1999 \| 7,362,007.50 \| 10,202,077.74 \| 503,556.85 \| \| 2000 \| 7,353,826.54 \| \| 555,265.08 \| \| 2001 \| 7,150,869.42 \| \| 583,549.00 \| \| 2002 \| 7,683,494.32 \| \| 594,197.62 \| \| 2003 \| 7,716,454.60 \| \| 624,866.42 \| \| 2004 \| 7,726,614.44 \| \| 627,799.76 \| \| 2005 \| 7,732,270.94 \| \| 673,471.56 \| \| 2006 \| 7,899,977.49 \| \| 591,596.72 \| \| 2007 \| 7,329,977.95 \| \| 665,649.35 \| \| Totals \| 89,371,668.19 \| 95,895,249.39 \| 7,355,245.87 \| \| Number of slots in 2007 \| Soaring Eagle Casino: 4347 \| \| Baraga Ojibwa I Casino: 355 \| The data in this table was taken from a website for the Michigan Gaming Control Board: http://www.michigan.gov/mgcb The Saginaw Chippewa Tribe is the main focus of this study because of the generous per capita payment received by tribal members. Comparison to statistics from the other two tribes will provide some basis upon which to judge the effects of the per capita payments on tribe members' decision-making. The Keweenaw Bay Indian Community has had a casino in operation for as long as Saginaw Chippewa Tribe but does not pay a per capita payment to members. The Pokagon Band of Potawatomi Indians has not had gambling over the time 2012, Vol. 2, No. 2 period under study and has a similar location to the Saginaw tribe in terms of non-casino employment opportunities. 2. Literature Review The proliferation of Native American Casinos in recent years has led to a surge of economic research on a variety of issues related to their presence. Research on the empirical relationship between crime and gambling has been resurrected. The relationship between the spread of casino gambling and bankruptcy has been studied. The possibility that state revenue and/or state lottery money will decline as a result of increased Indian gaming opportunities has drawn careful scrutiny. The ability of Native casinos to stimulate regional economic development has been analyzed. The correlation between gambling and crime is not a new topic but the containment of gambling to the state of Nevada and Atlantic City, New Jersey made research on this issue unappealing as a topic of national interest. With the spread of gambling at Indian Casinos throughout twenty eight states the public in general and community leaders in particular want to know the extent to which these casinos may increase crime near their locations. Grinols and Mustard (2006) conclude that the effect on crime of a casino is low directly after the opening but grows over the years. Overall their research suggests that approximately 8% of the crime in counties with a casino were attributable to the casino. Gazel, Rickman, and Thompson (2001) found that the presence of a casino not only increased that county's crime rates but also raised crime rates in adjacent counties as well. Conclusions on the effect of the spread of casinos on bankruptcy rates are somewhat mixed. Garrett and Nichols (2005) find that residents in southern states who visit out-of-state casinos have higher bankruptcies filings. However, their research focuses on destination resort casinos, not the typical Native American casino. Barron, Staten, and Wilshusen (2002) find that the proximity of a casino increases local bankruptcy rates fairly significantly but the effect on national bankruptcy filings is less pronounced. Boardman and Perry (2007) and De la Vina and Bernstein (2002) find no impact on county bankruptcy rates from the introduction of casino gambling. Several studies have analyzed the extent to which casino gambling has lowered states' revenues from lotteries. Elliott and Navin (2002) and Fink and Rork (2003) provide estimates of the substitutability between commercial gambling and state lotteries. While commercial gambling and state lotteries may cannibalize each other as a state revenue source and give policy makers choice concerns, the growth of Native American casinos adds another dimension to the debate. Siegel and Anders (2001) confirm that a substitution effect is present in Arizona between the increase in slot machines at Indian casinos and state lottery revenue, particularly from the Lotto. Depending on the nature of a state's tribal compacts the lost revenue from the lotteries may not be totally replaced by whatever payments are made by the tribes for their gaming rights. In addition, in the early compacts signed by the state of Michigan with the tribes, the tribal leaders themselves were given the right to distribute the 2% money paid from net slot machine revenue to local government agencies usurping local leaders' authority in this capacity. Anders, Siegel, and Yacoub (1998) have also used data 2012, Vol. 2, No. 2 from the state of Arizona to suggest that the rise in Gaming revenue from Indian casinos is robbing other businesses of revenue that pay state taxes. The most important research on the growth of Indian Gaming from the perspective of this article involves the economic development aspects of these casinos. Taylor and Kalt (2005) used 1990 and 2000 U.S. Census data on Native Americans to analyze changes in fifteen measures of well-being. They contrast results for gaming versus non-gaming areas. Improvements in these measures were greater for Native Americans than the U.S. population as a whole but conditions for Indian Tribal members are still below the averages for the general population. Improvements in the measures selected were generally greater in gaming versus non-gaming Native American areas. Using county level data Evans and Topoleski (2002) look at differences in economic measures before and after tribes opened casinos throughout the U.S. between 1983 and 1999. They conclude that in counties where an Indian casino opened there was about a five percent increase in jobs per adult above the median value. Most growth in employment however was among non-Native Americans. Using Granger-causality analysis and state level data from 1991 to 2005 Walker and Jackson (2007) conclude that casino gambling in general does not have an impact on economic growth. These results contradict the authors own previous findings (Walker and Jackson (1998)) based on quarterly data using the same causality technique. Using restricted-use data from the 1900 and 200 Census long-form, Evans and Kim (2005) conclude that the opening of an Indian casino increased employment and wages of low-skilled workers. Unfortunately high school attendance, high school graduation and college enrollment fell among young Native Americans on reservations following the opening of a casino compared to reservations with no gambling. The results of this last study are of particular interest to the focus of this paper. Our research effort intends to extend the localized approach of Evans and Kim (2005) one step further. While the opening of a casino on a reservation may spur Native American youth to drop out of school and enter the labor force, what happens if the casino is so profitable that substantial per capita payments are made to tribal members? Standard Microeconomic analysis suggests that such a pure income effect should cause individuals to work less. Would such payments exacerbate the lower educational investment results found by Evans and Kim (2005) or reverse these findings? Lastly, what effect does per capita payments to parents for children who are enrolled as tribal members have on fertility rates? 3. Data and Methodology Ideally we would like to have a panel data set to study the effects of the per capita payments on individuals over time. Such a data set does not exist. Leaders of the Saginaw Chippewa Indian Tribe do not release any information on the per capita payments to the media or public and have not answered any of our requests for information. The best available source of information is census data. Using 1990 and 2000 census data on the "Characteristics of American Indians by Tribe and Language" we will try to piece together a picture of the effects of the per capita payments on the Saginaw Chippewa tribal members. With incomplete data and no ability to match up individuals between census years we will have to rely on average figures and changes between census years to infer patterns of behavior. This approach is a poor substitute for regression analysis but may provide a stimulus for discussion and further exploration of the socio-economic impacts of per capita payments. Various characteristics of the Saginaw Chippewa Tribe, the Keweenaw Bay Indian Community, and the Pokagon Band of Potawatomi Indians will be presented in the tables in this section. As stated above the data has been extracted from 1990 and 2000 census publications. Unfortunately there are no 1990 figures available for the Pokagon Band of Potawatomi Indians because this group was not a federally recognized tribe at the time of the 1990 census. The data collected may vary from the 1990 to the 2000 census making it difficult to compare the same statistics. Table 2. 1990 and 2000 Income and Earnings Data \| Data \| 1990* \| 2000** \| 1990 \| 2000 \| 1990 \| 2000 \| 1990* \| \|---\|---\|---\|---\|---\|---\|---\|---\| \| Median household income in previous year \| $26,518 \| $49,489 \| $22,885 \| $31,791 \| NA \| $34,750 \| $19,900 \| \| Median family income in previous year \| $27,273 \| $48,750 \| $24,327 \| $46,528 \| NA \| $36,023 \| $21,619 \| \| Mean household income in previous year \| $27,424 \| NA \| $26,112 \| NA \| NA \| NA \| $26,012 \| \| Mean family income in previous year \| $26,901 \| NA \| $28,228 \| NA \| NA \| NA \| $27,796 \| \| Per Capita Income in previous year \| $7,776 \| $29,397 \| $8,256 \| $15,247 \| NA \| $10,832 \| $8,284 \| \| Mean earnings of households with earnings in previous year \| $29,594 \| NA \| $25,231 \| NA \| NA \| Na \| $27,184 \| \| Worker mean earnings in the previous year \| NA \| $34,148 \| NA \| $28,570 \| NA \| $31,468 \| NA \| Data for the 1990 figures in this table were derived from Table 6: Income and Poverty Status in 1989 of American Indian Tribes: 1990 from Characteristics of American Indians by Tribe and Language: 1990 Census of Population. Source: U.S. Census Bureau, Population Division, Racial Statistics Branch: 1990 (CP-3-7). Data for the 2000 figures in this table were derived from Table 10 Work Status and Income in 1999 for Selected American Indian and Alaska Native Tribes (One Tribe Reported): 2000 and Table 11 Earnings in 1999 of Full-Time, Year-Round Workers, by Sex for Selected American Indian and Alaska Native Tribes (One Tribe Reported): 2000 from Characteristics of American Indians and Alaska Natives by Tribe and Language: 2000 Census of Population and Housing. Source: U.S. Census Bureau, Population Division, 2000 (PHC-5). Both the Saginaw Chippewa Tribe and the Keweenaw Bay Indian Community saw substantial increases in median income figures, shown in Table 2, between 1990 and 2000. These increases were bigger than the increase for the American Indian and Alaska Native community at large. The employment opportunities resulting from the opening of the casinos for these tribes are probably responsible for these income improvements to some extent. The substantial rise in the per capita income levels for the Saginaw Chippewa Tribe ($7,776 to $29,397) compared to that of the Keweenaw Bay group ($8,256 to $15,247) suggests that there are other factors at work. The per capita payments made to Saginaw tribal members from the casino profits have obviously boosted these figures well beyond the advances achieved by wages alone. Figures in Table 3 show the overall population of American Indians and Alaska Native Tribes grew from 1,937,391 in 1990 to 2,447,989 in 2000, a 26.3% increase, while the Saginaw Chippewa Tribe saw a 177.6 % increase in population and the Keweenaw Bay Indian Community had a 84.7% increase. The reported growth in population for both of these Michigan tribes is certainly not a function simply of increased fertility rates and/or decreased morbidity rates. It must be noted that more and more people are claiming Native American heritage to particular tribes to gain benefits from casino profits. While the Keweenaw Bay Indian Community does not make per capita payments it does offer certain benefits to members in the area of health, housing, and social services. Enrollment in the Saginaw Chippewa Tribe swelled following the start of per capita payments. Eventually the tribe froze the rolls and would only accept petitions during certain time periods. Anyone claiming membership in the tribe must first apply to the Enrollment Office or Tribal Certifier. If denied at this stage the claimant can appeal to the Office of Administrative Hearings. During this hearing a claimant can be represented by tribal approved counsel. If denied membership after the hearing another appeal can be brought before the Tribal Court and the Tribal Appeals Court. Some lawyers in the state now specialize in tribal enrollment cases and charge a percentage of the per capita payments as their fee if successful. It would appear that the enormous growth between the 1990 and 2000 census for those claiming to be Saginaw Chippewa Indians has been fueled by the per capita payments. Table 3. Selected 1990 and 2000 Population Characteristics \| \| Saginaw Chippewa Tribe \| \| Keweenaw Bay Indian Community \| \| Pokagon Band of Potawatomi \| \| American Indian and Alaska Native \| \| \|---\|---\|---\|---\|---\|---\|---\|---\|---\| \| Characteristic \| 1990 \| 2000** \| 1990 \| 2000 \| 1990 \| 2000 \| 1990* \| 2000* \| \| Total Population \| 847 \| 2351 \| 699 \| 1291 \| NA \| 872 \| 1,937,391 \| 2,447,989 \| \| Median Age \| 23.9 \| 29.1 \| 25.9 \| 31.8 \| NA \| 19.9 \| 27.0 \| 28.5 \| \| Number of Children under 5 \| 87 \| 232 \| 53 \| 44 \| NA \| 72 \| 187,833 \| 204,645 \| \| % of Total Population under 5 \| 10.3% \| 9.9% \| 7.6% \| 3.4% \| NA \| 8.3% \| 9.7% \| 8.4% \| \| 18 yrs. and older \| 507 \| 1625 \| 460 \| 922 \| NA \| 486 \| 1,275,566 \| 1,633,699 \| \| 18 yrs. and older as % of Total Population \| 59.8% \| 69.1% \| 65.8% \| 71.4% \| NA \| 55.7% \| 65.8% \| 66.7% \| \| 65 yrs. and older \| 34 \| 132 \| 32 \| 47 \| NA \| - \| 93,141 \| 137,586 \| \| 65 yrs. and older as % of Total Population \| 4.0% \| 5.6% \| 4.6% \| 3.6% \| NA \| - \| 4.8% \| 5.6% \| \| Average Household Size \| 3.32 \| 2.98 \| 3.03 \| 2.62 \| NA \| 3.41 \| 3.03 \| 3.06 \| \| Average Family Size \| NA \| 3.34 \| NA \| 3.36 \| NA \| 3.67 \| NA \| 3.55 \| \| Total Family Households \| 224 \| 640 \| 177 \| 287 \| NA \| 189 \| 449,281 \| 563,651 \| \| Percent of Total Family Households with Female head, no husband present, and children under 18 yrs old \| 26.8% \| 26.3% \| 26% \| 21.6% \| NA \| 16.4% \| 17.4% \| 18.1% \| Data for the 1990 figures in this table were derived from Table 1: American Indian Population by Selected Tribes: 1990, and Table 2: General, Family, and Household Characteristics of American Indian Tribes: 1990, from Characteristics of American Indians by Tribe and Language: 1990 Census of Population. Source: U.S. Census Bureau, Population Division, Racial Statistics Branch: 1990 (CP-3-7). Data for the 2000 figures in this table were derived from Table 3 Age and Sex for Selected American Indian and Alaska Native Tribes (One Tribe Reported): 2000 and Table 4 Households and Families With an American Indian and Alaska Householder for Selected American Indian and Alaska Native Tribes (One Tribe Reported): 2000, from Characteristics of American Indians and Alaska Natives by Tribe and Language: 2000 Census of Population and Housing. Source: U.S. Census Bureau, Population Division, 2000 (PHC-5). The change in the distribution of population by age for the Saginaw Chippewa Tribe and the Keweenaw Bay Indian Community also show the effects of enrollment issues. The median age for the Saginaw Tribe rose from 23.9 years to 29.1 years between 1990 and 2000; the median age rose from 25.9 to 31.8 years for the Keweenaw Bay group. This is a dramatic increase compared to the overall change from 27 to 28.5 years for all American Indians and Alaska Natives combined. Despite the aging of the Saginaw tribe the percentage of the tribe under 5 years of age remained fairly steady, 10.3% to 9.9%, and much higher than the figures for the Keweenaw Bay Indian Community, 7.6% to 3.4%. The number of children under five is higher in 2000 for the Saginaw Tribe compared to the Pokagon Band of Potawatomi, 8.3%, and for the American Indian and Alaska Native overall group, 8.4%. Perhaps the per capita payment for children in the Saginaw Chippewa Tribe, reportedly $12,000 annually, has provided an incentive to have children. However, the average household size has declined from 1990 to 2000 for the Saginaw Tribe, 3.32 to 2.98, similar to the trend for the Keweenaw Bay Indian Community, 3.03 to 2.62. The average household size for American Indians and Alaska Natives held steady, 3.03 to 3.06; the 2000 figure for the Pokagon Band is quite high by comparison, 3.41. Average family size for the Saginaw Tribe is comparable to that of the Keweenaw Bay group but somewhat lower than the Pokagon Band and the overall American Indian and Alaska Native figures. Figures for the percent of total family households with female head, no husband present, and children under 18 years old are higher for the Saginaw Chippewa tribe than the other groups reported but there is no significant change between 1990 and 2000; it does not appear that the per capita payments for children have led to any increase in these already inflated percentages. Table 4. 1990 and 2000 Educational and Labor Force Characteristics \| \| Saginaw Chippewa Tribe \| \| Keweenaw Bay Indian Community \| \| Pokagon Band of Potawatomi \| \| \| \|---\|---\|---\|---\|---\|---\|---\|---\| \| Characteristic \| 1990 \| 2000** \| 1990 \| 2000 \| 1990 \| 2000 \| 1990* \| \| Population 16 -19 yrs. not enrolled in school and not high school grad. \| 9% \| 20.2% \| 2.2% \| 3.8% \| NA \| 32.1% \| 18.2% \| \| 25 yrs. and older high school grad. or higher \| 68.1% \| 76.5% \| 75.9% \| 85.6% \| NA \| 84.6% \| 65.6% \| \| 25 yrs. and older Bach. degree or higher \| 8.9% \| 6.5% \| 5.5% \| 13.8% \| NA \| 7.4% \| 9.4% \| \|---\|---\|---\|---\|---\|---\|---\|---\| \| Percentage of population 16 yrs. and older in labor force \| NA \| 57.2 \| NA \| 68% \| NA \| 67.4% \| NA \| \| Percentage of population 16 and over who worked at all in previous year \| 68.3% \| 65.8% \| 80.3% \| 79% \| NA \| 79.7% \| 67.3% \| Data for the 1990 figures in this table were derived from Table 4: Educational and Labor Force Characteristics of American Indian Tribes: 1990 and Table 5: Industry, Occupation, and Work Status in 1989 of American Indian Tribes: 1990, from Characteristics of American Indians by Tribe and Language: 1990 Census of Population. Source: U.S. Census Bureau, Population Division, Racial Statistics Branch: 1990 (CP-3-7). *Data for the 2000 figures in this table were derived from Table 7 Education and Veteran Status for Selected American Indian and Alaska Native Tribes (One Tribe Reported): 2000, Table 9 Employment Status and Journey to Work for Selected American Indian and Alaska Native Tribes (One Tribe Reported): 2000, and Table 10 Work Status and Income in 1999 for Selected American Indian and Alaska Native Tribes: 2000 from Characteristics of American Indians and Alaska Natives by Tribe and Language: 2000 Census of Population and Housing. Source: U.S. Census Bureau, Population Division, 2000 (PHC-5). Data in Table 4 on educational attainment show a disturbing increase in the percentage of the 16 to 19 year old population for the Saginaw Chippewa Tribe that is not enrolled in school and is not a high school graduate, 9% in 1990 to 20.2% in 2000. There was a slight increase for the Keweenaw Bay Indian Community from 2.2% to 3.8%; there was a slight decline in this percentage for the overall American Indian and Alaska Native group from 18.2% to 16.1%. The figure for the Pokagon Band of Potawatomi was a startling 32.1% in 2000. The percentage of the population 25 years and older with a high school degree or higher has risen substantially for the Saginaw Tribe from 1990 to 2000 and is higher than the percentages for the American Indian and Alaska Native overall population but still lag behind the figures for the Keweenaw Bay group and Pokagon Band. The percentage of the population 25 years and older with a bachelor degree or higher has fallen somewhat for the Saginaw Tribe from 1990 to 2000 and risen for the Keweenaw Bay Indian Community and for American Indian and Alaska Natives in general. The increase in high school dropouts for the Saginaw Tribe could be a function of increased job opportunities at the casino or receipt of a full per capita payment. Comparison of work force data in Table 4 provides a muddled picture as well. The percentage of the population 16 year and older in the labor force is much lower in 2000 for the Saginaw tribe than either of the other Michigan Native groups and is even lower than for American Indian and Alaska Natives overall. Comparable figures are not available for 1990 so we cannot see the change between census years. Data was available to establish the percentage of the population 16 years and older who worked at all in the previous year and who worked 40 or more weeks in the previous year for both the 1990 and 2000 censuses. The figures for the Saginaw tribe show a decline from 1990 to 2000, 68.3% to 65.8%, for those "who worked at all in the previous year." The percentages for this category are significantly lower for the Saginaw tribe than either of the other Michigan Native groups, about 80%. The data from the percentage of the population 16 years and older who worked 40 or more weeks in the previous year are interesting. There is a substantial rise in this rate for the Keweenaw Bay Indian Community, 37.1% to 55%. Given the remoteness of their location in the Upper Peninsula in Michigan it is likely that the opening of the casino provided more year round employment opportunities than the tribal members could find previously. There is only a slight up tick in the figure for the Saginaw Chippewa Tribe, 45.8% to 47.8%; this is somewhat surprising given the scale of the operation. Again, the receipt of per capita payments may have caused some tribal members to drop out of the labor force while providing others with more stable employment opportunities. 4. Conclusions In answer to the first research question the data lends support to the basic labor theory conclusion that an increase in nonlabor income causes individuals to decrease their work efforts. In answer to the third research question there is weak evidence that the payment of per capita payments from casino profits is increasing the fertility rate of Saginaw Chippewa tribal families. At best, however, this analysis is just a starting point for more detailed research. Better data is necessary to reach firm conclusions on the effect of per capita payments on the behavior of Native Americans. The data does not allow any conclusion on the second research question: Have per capita tribal payments caused a decline in educational attainment by recipients? References: Anders, Gary C., Donald Siegel, & Munther Yacoub. (1998). "Does Indian Casino Gambling Reduce State Revenues? Evidence from Arizona." Contemporary Economic Policy, 3(16), 347-55. http://dx.doi.org/10.1111/j.1465-7287.1998.tb00524.x Barlett, Donald L. & James B. Steele. (2002). "Wheel of Misfortune," Time, December 16. http://dx.doi.org/10.1093/cep/20.4.440 Barron, John M., Michael Staten, & Stepahnie M. Wilshusen. (2002). "The Impact of Casino Gambling on Personal Bankruptcy Filing Rates." Contemporary Economic Policy, 20(3), 440-55. Boardman, Barry, & John J. Perry. (2007). "Access to Gambling and Personal Bankruptcy." Journal of Socio-Economics, 36(5), 789-801. http://dx.doi.org/10.1016/j.socec.2007.01.012 Characteristics of American Indians by Tribe and Language: 1990 Census of Population. Source: U.S. Census Bureau, Population Division, Racial Statistics Branch: (1990) (CP-3-7). Characteristics of American Indians and Alaska Natives by Tribe and Language: 2000 Census of Population and Housing. Source: U.S. Census Bureau, Population Division, (2000) (PHC-5). 2012, Vol. 2, No. 2 De la Vina, Lynda & David Bernstein. (2002). "The Impact of Gambling on Personal Bankruptcy Rates." Journal of Socio-Economics, 31(5), 503-509. http://dx.doi.org/10.1016/S1053-5357(02)00135-X Elliot, Donald S. & John C. Navin. (2002) "Has Riverboat Gambling Reduced State Lottery Revenue?" Public Finance Review, 30, 1169-1173. http://dx.doi.org/10.1177/109114210203000304 Evans , William & Julie Topoleski. (2002). "The Social and Economic Impact of Native American Casinos." NBER Working Paper No. 9198. Cambridge, MA: National Bureau of Economic Research. http://dx.doi.org/10.3386/w9198 Evans, William & Wooyoung Kim. (2005). "The Impact of Local Labor Market Conditions on the Demand for Education: Evidence from Indian Casinos." Center for Economic Studies, U.S. Census Bureau Working Paper No. 06-14. Fink, Stephen & Jonathon Rork. (2003). "The Importance of Self-Selection in Casino Cannibalization of State Lotteries." Economics Bulletin, 10(8), 1-8. Garrett, Thomas A. & Mark W. Nichols. (2005). "Do Casinos Export Bankruptcy?" The Federal Reserve Bank of St. Louis Working Paper Series, 2005-019A. Gazel, Ricardo C., Dan S. Rickman, & William N. Thompson. (2001). "Casino Gambling and Crime: A Panel Study of Wisconsin Counties." Managerial and Decision Economics, 22, 65-75. http://dx.doi.org/10.1002/mde.998 Grinols, E. L. & D. B. Mustard. (2006). "Casinos and Crime." Review of Economics and Statistics, 88, 28-45. http://dx.doi.org/10.1162/rest.2006.88.1.28 Indianz.com(http://www.indianz.com/News/2005/010471.asp) Keweenaw Bay Indian Community (http://www.ojibwa.com/html/gaming.htm) Michigan Indian Gaming Compacts. Michigan Gaming Control Board. (16 January 2008). http://dx.doi.org/10.1016/j.chemosphere.2007.06.066 National Indian Gaming Commission Homepage. National Indian Gaming Commission. http://www.nigc.gov/ Siegel, Donald & Gary Anders. (2001). "The Impact of Indian Casinos on State Lotteries: A Case Study of Arizona." Public Finance Review, 2(29), 139-147. http://dx.doi.org/10.1177/109114210102900203 Taylor, Jonathon B. & Joseph P. Kalt. (2005). "American Indians on Reservations: A Databook of Socioeconomic Change Between the 1990 and 2000 Censuses." The Harvard Project on American Indian Development. Walker, Douglas M. & John D. Jackson. (2007). "Do Casinos Cause Economic Growth?" American Journal of Economics and Sociology, 3(66), 593-607. http://dx.doi.org/10.1111/j.1536-7150.2007.00528.x Business and Economic Research ISSN 2162-4860 2012, Vol. 2, No. 2 Walker, Douglas M. & John D. Jackson. (1998). "New Goods and Economic Growth: Evidence from Legalized Gambling." Review of Regional Studies, 28(2), 47-69. Copyright Disclaimer Copyright reserved by the author(s). 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2019 Sustainability Report CONTENTS FROM THE CEO Mellanox Technologies, Ltd. is a leading supplier of networking solutions that are used in everything from car and airplane manufacturing, crash and safety simulations; to forecasting weather, climate, and earthquakes; securing data transfers to prevent fraud and identity theft, and all kinds of artificial intelligence, machine learning, and Big Data workloads. We are executing towards our goal to be the world's leading provider of networking solutions, and believe our products and solutions make the planet a better place to work and live in. By advancing the speed and safe delivery and processing of data, we continue to strive to make the world a safer, more secure place that in turn, improves the human condition. Eyal Waldman President and CEO Mellanox Technologies Mellanox gives high priority to various aspects of sustainability — economic, environmental and societal. CORPORATE RESPONSIBILITY AT MELLANOX Mellanox nurtures transparency, governance and ethics that provide a strong backbone for corporate responsibility and sustainability, enabling us to maintain and create new value for Mellanox and our stockholders, and helping us in minimizing risks, reducing operational costs, and making strategic long term investments in future and leading technologies and solutions that minimize energy usage and waste. We actively act to improve environmental sustainability, supply chain responsibility, diversity and inclusion, and social impact that benefit the environment and society. Our networking solutions are used across the globe in cars and airplanes manufacturing, in crash and safety simulation tests, in forecasting climate changes and earthquakes, and in securing data transfers to prevent fraud and identity theft. This report describes our approach to corporate responsibility management, and our performance in 2019. WHAT WE DO Mellanox Technologies is a leading supplier of end-to-end high-performance InfiniBand and Ethernet interconnect solutions and services for servers and storage. Mellanox interconnect solutions increase data center efficiency by providing the highest throughput and lowest latency, delivering data faster to applications and unlocking system performance. Mellanox offers a choice of fast interconnect products: adapters, integrated circuits (ICs) and cards, switches, multi-core System-on-Chips (SoCs) for storage and security, processors, cables, modules, and software, all of which are designed to accelerate application runtime and maximize business results for a wide range of markets including highperformance computing, enterprise data centers (EDC), Web 2.0, cloud, storage, telecom and financial services. Founded in 1999, Mellanox Technologies is headquartered in Sunnyvale, California and Yokneam, Israel. Our goal as a Company is to be the leading supplier of end-to-end interconnect solutions for servers and storage that optimize data center performance for computing, storage and communications applications. Mellanox is committed to helping foster and maintain healthy and sustainable local communities and to encourage excellence ENVIRONMENTAL POLICY Mellanox consistently promotes greener solutions that help conserve natural resources by developing energy-efficient products that are safe for the environment, and which can be reused, recycled or disposed of safely. In addition, all of Mellanox's Tier-1 manufacturers comply with ISO14001. Some manufacturers also comply with QC080000 (hazardous substance management). Mellanox is committed to comply with all applicable laws and regulations, and to ensure that its products are under the following directives: * Restriction of Hazardous Substances (RoHS) directives * Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) * Waste Electrical and Electronic Equipment (WEEE) directive * International standards for safety and electromagnetic radiation Mellanox also works to minimize waste; to prevent air, water, and other pollutions; and to dispose of waste safely and responsibly. This is achieved by actively fulfilling governmental and acceptable industry environmental requirements to the fullest, and also by increasing employee awareness for environmental protection and sustainment. In this respect, we can describe several environmental projects that have been undertaken in Mellanox's new "green design" headquarters in Yokneam, Israel: * AC Systems – based on water cooling chillers in a closed system preventing GHG; reuse water and flow it back to the chillers; use R134a with an ozone depletion potential (ODP) factor of zero (0.0) and a direct global warming potential (GWP) factor of 0.26. * Energy Conservation – the building has an energy management system that shuts down AC and lights together using motion sensors and a building control management system; during low activity, power consumption is kept to the minimum required for business continuity; periodic patrols are conducted to map energy use and to shut down inactive areas; street lights outside the building are sun-light controlled. * Water Conservation – rain water is used to fill water reservoir and fire dept. emergency hold; wide use of automatic faucets and automatic proximal valves * Recycling – separation and recycling of paper, cardboard, plastic bottles, batteries and metals * Green Printers – operated by personal tag and page counter * Moving to Paperless – official forms are distributed and signed electronically unless physical copies are required by law or for personal reasons CONNECTING THE COMMUNITY Mellanox is also committed to fostering and maintaining healthy and sustainable local communities and to encourage excellence. We have concentrated our community support in several key areas including education, health, community development, and culture. Our commitment to building a better future has never been stronger. BUSINESS STRATEGY To accomplish the company's business goals, we intend to: * Continue to develop leading, high-performance interconnect products. We will continue to expand our technical expertise and customer relationships to develop leading interconnect products. We are focused on extending our leadership position in high-performance interconnect technology. Mellanox pursues a product development plan that addresses emerging customer and end-user demands while helping to define industry standards. The Company has industry-leading networking products that support Ethernet networks, InfiniBand networks, and hybrids of both standards. This is enabled by Mellanox's proprietary Virtual Protocol Interconnect ® (VPI) technology. Our unified software strategy uses a single software stack to support connectivity to InfiniBand and Ethernet with the same VPI-enabled hardware adapter device. * Facilitate and increase the continued adoption of InfiniBand. Mellanox is dedicated to facilitating and increasing the continued adoption of InfiniBand in the high-performance interconnect marketplace by expanding our partnerships with key vendors and driving high-performance interconnect adoption, such as suppliers of processors, operating systems and other associated software. In concert with our OEM customers, we continue to expand our efforts to promote the benefits of InfiniBand and VPI directly to end users to increase demand for high-performance interconnect solutions. * Increase leadership of Ethernet solutions. Advances in server virtualization, network storage and compute clusters are driving the demand for faster network throughput to address application latency and availability challenges in cloud and Enterprise data centers. To address this need, we provide a complete industry-leading, end-to-end 10/25/40/50/56/100Gb/s Ethernet product portfolio for use in EDC, HPC, embedded environments, Hyperscale, Web 2.0, Telco, and cloud data centers. Our portfolio of advanced Ethernet switch products supports the latest generation of Ethernet speeds at 10/25/40/50/56/100Gb/s and all deliver wire speed forwarding for telco and data center environments. In addition, we provide a full range of Ethernet NICs at these speeds which incorporate the latest in Ethernet technology, including support for virtualization and RDMA over Converged Ethernet (RoCE). BUSINESS STRATEGY * Expand our presence with existing server OEM customers. We believe the leading server vendors are influential drivers of high-performance interconnect technologies deployed by end users. We strive to work with and expand our relationships with server OEMs to increase our presence in their current and future product platforms. * Broaden our customer base with storage, communications infrastructure and embedded systems OEMs. We believe there is a significant opportunity to expand our global customer base with storage, communications infrastructure and embedded systems OEMs. In storage solutions specifically, our innovative BlueField SoCs, along with our switch and interconnect products are well suited to replace existing technologies such as those in the Fibre Channel. We believe our products form the basis of superior interconnect fabrics for unifying disparate storage interconnects, including back-end, clustering and front-end connections. Our value-add can be found primarily in our product's ability to be a unified fabric and in our superior price/performance economics. * Leverage our fabless business model to consistently deliver strong financial performance. We intend to continue operating as a fabless semiconductor company and consider outsourced manufacturing of our ICs, adapter cards and switches to be a key element of our strategy. Our fabless business model offers the necessary flexibility needed to meet market demand while allowing us to focus on delivering innovative solutions to our customers. We plan to continue to fully leverage the flexibility and efficiency offered by our business. * In March 2019, NVIDIA announced plans to acquire Mellanox for $6.9 Billion. According to Jensen Huang, founder and CEO of NVIDIA, "The emergence of AI and data science, as well as billions of simultaneous computer users, is fueling skyrocketing demand on the world's datacenters.... We're excited to unite NVIDIA's accelerated computing platform with Mellanox's world-renowned accelerated networking platform under one roof to create next-generation datacenter-scale computing solutions." Mellanox operated independently throughout 2019, pending regulatory approvals. Professionalism \| CODE OF BUSINESS, CONDUCT AND ETHICS While we strive to achieve our business goals, we are always aware of the dynamic world in which we live, and also consider the impact of our operations in everything we do on the environment, society, and the people and places where we and our customers live. Mellanox requires all its employees to comply with and to annually sign the company's Code of Business, Conduct, and Ethics (the "Code"), which promotes Mellanox's core values: Professionalism, Accountability, Quality, Results, Commitment, and Integrity. This Code reflects also how Mellanox employees seek sustainability for society by clearly describing Mellanox's policies and practices in terms of human rights, labor practices, community, the environment, etc. Mellanox is committed to providing a safe and healthy workplace, protecting the environment and conserving energy and natural resources. For example, Mellanox is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, color, national origin, ancestry, sex, gender, gender identity, pregnancy, childbirth or related medical condition, religious creed, physical disability, mental disability, age, medical condition, marital status, sexual orientation, veteran status, genetic characteristics, gender identity/ expression or any other characteristics protected by federal, state or local law. Aside from the facilities and measures taken to ensure a safe and healthful workplace, Mellanox develops and maintains employees' awareness of their surrounding environment, where every employee (and contractor) is expected to follow Mellanox's policy and report on any environmental, health or safety issues to the Mellanox Management or Mellanox's Safety and Security team. Accountability \| \| Results \| Commitment \| Integrity HEADQUARTERS Mellanox Technologies, Ltd. 26 Hakidma Street Beit Mellanox Yokneam, Israel Zip code 2069200 ORGANIZATIONAL PROFILE We are a semiconductor and systems company that designs, manufactures and sells high-performance interconnect products and solutions primarily based on the InfiniBand and Ethernet standards. Our products facilitate efficient data transmission between servers, storage systems, communications infrastructure equipment and other embedded systems. We operate our business globally and offer products to customers at various levels of integration. The products we offer include integrated circuits ("ICs"), adapter cards switch and gateway systems, long-haul systems, multi-core and network processors, cables, modules, software, and services. Main Divisions: R&D, Sales, Marketing, General and Administration Main Operating Companies: * Mellanox Technologies, Ltd. * Mellanox Technologies, Inc. * Mellanox Technologies Distribution Ltd. * Mellanox Technologies TLV Ltd. Public company traded on Nasdaq (ticker: MLNX) ORGANIZATIONAL PROFILE GLOBAL PRESENCE Sunnyvale, California Yokneam, Israel Worldwide Offices Number of Employees as of end of 2019 2,820 End Markets Served ORGANIZATIONAL PROFILE Enterprise Data Center, High-Performance Computing, Cloud, Storage, Web 2.0, Financial Services, Telco, Machine Learning and embedded end-user markets for systems utilizing our products are mainly served by leading server, storage and communications infrastructure OEMs and ODMs. In addition, our worldwide customer base includes leading embedded systems OEMs that integrate computing, storage and communication functions that use high-performance interconnect solutions contained in a chassis which has been optimized for a particular environment. GOVERNANCE Board of Directors 2018 Chairman of the Board: Mr. Irwin Federman The Board of Directors is comprised of eleven members. Except for Mellanox CEO, Eyal Waldman, all directors are considered independent. The Mellanox Board of Directors sets high standards for the company's employees, officers and directors. Implicit in this philosophy is the importance of sound corporate governance. It is the duty of the Board of Directors to serve as a prudent fiduciary for shareholders and to oversee the management of the company's business. To fulfill its responsibilities and to discharge its duty, the Board of Directors follows the procedures and standards that are set forth in these guidelines. These guidelines are subject to modification from time to time as the Board of Directors deems appropriate in the best interests of the company or as required by applicable laws and regulations. The Board of Directors has established several committees: * Audit * Compensation * Nominating & Corporate Governance For information on how shareholders and employees can provide recommendations to the Board of Directors, see: http://ir.mellanox.com/contactBoard.cfm GOVERNANCE Stakeholder Engagement Mellanox Technologies has an integrated history of environmental commitment and continues to advance its environmental policy. All of Mellanox's manufacturing partners are ISO 14001 certified. Mellanox works with its suppliers, vendors and contractors to ensure the working conditions in our supply chain are safe, affected workers are treated with respect and dignity, and applicable production processes are environmentally and socially responsible. In order to ensure our relationship with suppliers/vendors meets and supports these expectations, Mellanox asks its suppliers to acknowledge and support Mellanox's Business Code of Conduct (the "Code"). Mellanox's process for selecting qualified suppliers, vendors and contractors takes into consideration stakeholders that are managed in a socially and environmentally responsible manner consistent with the provisions of this Code. Mellanox strives to be a, "conflict minerals free" company and regularly reviews and checks the processes throughout its supply chain to ensure its products are and remain free of conflict minerals. Mellanox requires that suppliers whose products contain tantalum, tin, gold or tungsten to provide written evidence of due diligence (EICC-GeSI Conflict Minerals template) that traces these minerals back through their supply chain, and to confirm their source is not from the conflict region – DRC. Mellanox expects suppliers to take similar measures with their suppliers to ensure compliance throughout the supply chain of these, "conflict minerals" used in their parts/components/ material. Mellanox has incorporated the principles of the conflict minerals requirements into its business practices, and our supplier approval process includes a conflict minerals check. Mellanox communicates this policy to its suppliers and encourages them to set similar policies for their supply chain. Identification Mellanox chooses its main suppliers carefully to ensure their technical, managerial and financial capability, and that they comply with Mellanox quality requirements. These capabilities are inspected by supplier evaluation through questionnaires, certifications, product specifications, audits and periodical scoring. MEASURE OF PERFORMANCE Economic Environmental WATER CONSUMPTION 8.575k liters per year 11.667k liters per year MEASURE OF PERFORMANCE Societal Community Contribution * Variety Israel - a non-profit organization that supports children and families who are facing many challenges through living with a disability * Scholarships for excellent science students at various academic institutes * Yad La'Yeled Ha'Meyuchad - provides assistance and support to people with disabilities who wish to join the Israeli Defense Forces as part of a program called "Gdolim Be'Madim" * Bshvil Hamachar - helps Israeli combat veterans overcome their "invisible scars" through therapeutic group journeys in nature * Laptops donations - for various educational institutes * The Friends of IDF Disabled Organization provides assistance and support Israeli soldiers who have been wounded during their military service * Rett Syndrome Research (USA) - this organization is funding research to find a cure for a Rett Syndrome that mostly impacts young girls CODE OF ETHICS Employees who have signed the company Code of Ethics 100%	<urn:uuid:04051d23-5570-4344-a201-bb2fe742db76>	CC-MAIN-2024-18	https://infospot.co.il/Content/UserFiles/Document/%D7%9E%D7%9C%D7%A0%D7%95%D7%A7%D7%A1%20%D7%90%D7%A0%D7%92%D7%9C%D7%99%D7%AA%202019.pdf	2024-04-20T07:30:51+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-18/subset=warc/part-00032-29538f81-5664-4df2-acb6-7d8ba3d2a1aa.c000.gz.parquet	288,609,594	3,536	eng_Latn	eng_Latn	0.878899	eng_Latn	0.991695	[ "unknown", "unknown", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 26, 36, 830, 3041, 5598, 8325, 10541, 12401, 13458, 13602, 14197, 15371, 17622, 17739, 18747 ]
Science Technology Engineering @ Home! Sink or Float Gather Materials: - A tall drinking glass or bowl - Water (enough to fill the glass/bowl) - An assortment of objects to test (for example: spoons, twigs, coins, apple slices, string, sponges, anything that fits in the glass/bowl) - Salt (optional) - Stirring spoon (optional) Try This: 1. Make predictions about your items. Which ones will sink and which ones will float? Will they sink quickly or float down gently? Will the floaters stay floating the whole time? Why do you think that? 2. One at a time, gently place your items into the water. Observe what happens. 3. Return to your predictions and talk about which guesses were right and which ones were wrong. Did anything surprise you? 4. Optional: add 2-3 tablespoons of salt to water in a glass. Stir until it's dissolved. Then repeat the experiment. Did anything change? Math	<urn:uuid:1e7d0e7b-fe6b-46cf-b472-4d810546811f>	CC-MAIN-2020-40	https://www.aahom.org/sites/default/files/DIY-Sink-Float.pdf	2020-09-29T06:51:53+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2020-40/subset=warc/part-00019-50bb8e61-7c5b-4d2c-bd34-dad6ca92b697.c000.gz.parquet	610,859,118	210	eng_Latn	eng_Latn	0.997555	eng_Latn	0.997555	[ "eng_Latn" ]	false	rolmOCR	[ 896 ]
REMAPPING SONG: A STUDY OF SELECT PROTEST SONGS BY BOB DYLAN Vanlalpeki Sailo Supervisor Prof. Margaret L. Pachuau Submitted In partial fulfillment of the requirement of the degree of Master of Philosophy in English of Mizoram University, Aizawl. DECLARATION Mizoram University May, 2018. I, Vanlalpeki Sailo, hereby declare that the subject matter of this dissertation is the record of work done by me, that the contents of this dissertation did not form the basis of the award of any previous degree to me or to the best of my knowledge to anybody else, and that the dissertation has not been submitted by me for research degree in any other University/ Institute. This is being submitted to Mizoram University for the degree of Master of Philosophy in English. (Candidate) (Head) (Supervisor) This is to certify that “Remapping Song: A Study of Select Protest Songs by Bob Dylan” written by Vanlalpeki Sailo has been written under my supervision. She has fulfilled all the required norms laid down within the M.Phil. regulations of Mizoram University. The dissertation is the result of her own investigations. Neither the dissertation as a whole nor any part of it was ever submitted by any other University for any research degree. (PROF. MARGARET L. PACHUAU) Supervisor/Professor Department of English Mizoram University Acknowledgements First of all, I am deeply grateful to the Almighty God for giving me good health and other countless blessings during the course of this research. My most sincere gratitude goes to my supervisor, Prof. Margaret L. Pachuau for her exemplary guidance, constant encouragement, endless support and understanding throughout my research. I also express a deep sense of gratitude to the Department of English and Mizoram University as a whole for providing me the opportunity to carry out this research. Finally, I thank my family, friends and loved ones for their endless support and prayers throughout my research study. (Vanlalpeki Sailo) \| Contents \| Page \| \|-------------------\|------\| \| Declaration \| \| \| Certificate \| \| \| Acknowledgements \| \| \| Chapter I \| 1 - 19 \| \| Chapter II \| 20 - 40 \| \| Chapter III \| 41 - 57 \| \| Chapter IV \| 58 - 85 \| \| Chapter V \| 86 - 93 \| \| Works Cited & Bibliography \| 94 - 102 \| \| Appendices \| \| \| Bio-Data \| \| Chapter I Situating Bob Dylan in the Context of the American Song Tradition This chapter will situate Bob Dylan in terms of his life and work within music and the American song tradition. In doing so, it will analyse his projection of certain identities, including his identity as a folksinger and a protest musician. The history of American music and song dates back to the time of the Native Americans, the first people to live in North America, whose music was varied in form, and was most religious in purpose. Colonisation brought about changes within the music of America and has resulted in the creation of certain new genres and styles. Folk music in particular, remains as one of the most traditional styles of American music. It encompasses both traditional music that has been brought to America by previous immigrants as well as the genre that evolved from it during the twentieth century folk revival. These traditional folk songs have often been transmitted orally and according to Bob Dylan, are “handed down songs”. (Dylan 8) American folk music is a combination of numerous music genres, and often known as traditional music, traditional folk music, contemporary folk music or roots music. Many traditional songs have been sung within the same family or folk group for generations, and sometimes go back to such origins as Great Britain, Europe or Africa. The genre’s popularity and its place in popular music and culture may be credited to the American folk music revival, a phenomenon in the United States that began in the 1940s, reaching its peak of popularity in the mid 1960s. The revival brought about the emergence of various styles of American folk music and also led to the development of other genres including country and rock and roll music. The folk revival that began in New York city gave birth to what may be called contemporary folk music, with artists like Bob Dylan being one of its most prominent artists. This revival of folk music can also be explained as a period of renewed interest in traditional folk music, transforming folk music, and the songs produced within it often include a social activism component, social awareness about the events taking place then within the paradigm of America, as well as globally. To situate Bob Dylan within the context of the American song tradition, particularly within folk music, and to draw out his role in it, his life and his beginnings as a musician may be looked at. The 1960s in America was undeniably a decade of liberation for music, way of living, public opinion, art of all forms, invention and certain political and social issues. This generation thus produced the greatest musical artists of all time including Bob Dylan, who may be considered as one of the greatest influences on popular culture of all time. With a closer study of his childhood and the environment that he grew up in, it may be suggested that his legacy is a result of his surroundings. He initially emerged into the art scene, particularly music, as a folk singer and when asked what folk song really is, his reply was that it means “handed down songs”. (Dylan 8). However, perhaps due to being affected by various historical events such as the after-shocks of the world wars, improvement of certain technological inventions in the society, Kennedy’s assassination, the Cuban Missile Crisis and the Civil Rights Movement, many of his songs may be categorized as protest or rebel songs, but always with a folk undertone, which evoked changes within the society itself. Robert Allen Zimmerman, later known as Bob Dylan was born on May 24, 1941 to Abraham Zimmerman and Beatty Stone Zimmerman. This was a period when the Second World War was already raging in Europe. Bob Dylan recalls this period in history, saying, “If you were born around this time or were living and alive, you could feel the old world go and the new one beginning.” (Dylan 28) and also talks about his experiences as a schoolboy where they were trained to hide and take cover under desks when the air-raid sirens blew since this means the Russians were attacking with bombs. Such experiences are also reflected in many of his songs where he writes about peace, life and humanity as a whole. In fact, before he decided that he wanted to be a singer, he had also even thought about joining the army and says, “I’d always pictured myself dying in some heroic battle rather than in bed.” (Dylan 41). Such an influence and attitude indeed shaped Dylan as a person, his views as well as his contribution to music and literature. His close association with his roots and folk music thus comes as no surprise and he himself admits, “The madly complicated modern world was something I took little interest in. It had no relevancy, no weight. I wasn’t seduced by it.” (20). Bob Dylan was born in Duluth, Minnesota and his family moved to Hibbing, Minnesota when he was seven years old. Growing up in a small town like Hibbing must have been a difficult task for Dylan and he recalls how the small-town life never quite provided him with the opportunities he needed. Nonetheless, at an early age, he had already showed signs of natural talent. The stark contrast between his upbringing and what he was destined to be is seen from Dylan’s recollection of his father and the differences between them, as well as his detachment to the life in Hibbing: “Growing up, the cultural and the generational differences had been insurmountable—nothing but the sound of voices, colorless unnatural speech. My father, who was plain speaking and straight talking had said, “Isn’t an artist a fellow who paints?” when told by one of my teachers that his son had the nature of an artist. It seemed I’d always been chasing after something, anything that moved- a car, a bird, a blowing leaf- anything that might lead me into some more lit place, some unknown land downriver. I had not even the vaguest notion of the broken world I was living in, what society could do with you.” (Dylan 108) Finally in 1959, Dylan left home to attend the University of Minnesota. Here, he tried out for a gig at the Ten O’ Clock Scholar Coffee House where they were auditioning for folk singers. When asked for his name, he simply replied “Bob Dylan”. There are a number of theories regarding Dylan’s reasons for choosing this name and he himself has no solid explanation for it. However, he has mentioned his decision to shorten his name to Robert Allen as soon as he left home. After coming across a story about a West Coast saxophone player named David Allyn and some poems by Dylan Thomas, he was conflicted between the names Robert Dylan and Robert Allyn, and since people had already often called him Bobby, perhaps came up with a cross between the three- Bob Dylan. Dylan’s versatility is evident from the thirty seven studio albums, eleven live albums, compilation albums and numerous singles he had released between the years 1962 and 2016. These albums comprise of folk music, blues, rock n’ roll, electric, country music and gospel music. It has often been said that Dylan’s goal was to become a famous rock n’ roll star and many believe rock n’ roll to be his first inspiration. However, it was actually country music that he first loved and his “first idol” was country singer Hank Williams. According to Mckeen in his book Bob Dylan: A Bio-Bibliography, “Hank Williams sang about the world of railroads, the pain of loss, and the need to move. His restlessness echoed Bob’s own.” (5). However, being inspired by the music of Little Richard, Buddy Holly and Elvis Presley, Dylan decided that he would also become a rock n’ roll star. The lyrics of these artists “crystallized all his feelings of ambition, rebellion and individual identity...” (Heylin 8). However, despite his ambition to become like them, he initially became well-known as a folk singer. Folk music definitely provided him with the platform he needed. After his arrival in New York, he started playing at the Café Wha?, where the kind of music he was playing and the kind of songs he was singing “either drove people away or come in closer...” (Dylan 18). He admits there were better singers and better musicians playing at the café but also acknowledges that there was not anybody close to what he was doing. So, he stuck to folk music and claims, “Folk songs were the way I explored the universe, they were pictures and the pictures were worth more than anything I could say.” (Dylan 18). By this time, folk music had indeed become Dylan’s speciality and preference. He was aware of the changes taking place within the country and how these changes affected the music scene but was adamant to stick with what he knew best and admits, “‘50s culture was like a judge in his last days on the bench. It was about to go. Within ten years’ time, it would struggle to rise and then come crashing to the floor. With folk songs embedded in my mind like a religion, it wouldn’t matter. Folk songs transcended the immediate culture.” (Dylan 27). Most of Dylan’s influences were from country, folk, rhythm and blues and his biggest role model was folk musician Woody Guthrie. One tradition of folk music is borrowing from other artists and Dylan too, borrowed from just about every blues or folk performer he liked. He also admits to copying and borrowing from Guthrie and one of the first songs he wrote, which was of a substantial importance according to him, was written for Woody Guthrie. This song, “Song to Woody”, was actually the song that initially associated him with Leeds Music, the label that started his own career. According to him, the song is “an homage to the man who’d pointed out the starting place for my identity and destiny...” and stressed, “My life had never been the same since I’d first heard Woody on a record player in Minneapolis. When I first heard him it was like a million megaton had dropped.” (Dylan 229). Woody Guthrie indeed gave Dylan a perspective on music and guided him to become what he became. Dylan recalls his first experience of listening to Guthrie as an “epiphany...” where he “discovered some essence of self-command...” and even exalts him as somebody who “divides the world between those who work and those who don’t and is interested in the liberation of the human race and wants to create a world worth living in.” (Dylan 245). Perhaps due to being part of the teenage rebellion era of America, many consider that he mimicked the looks and attitude of James Dean “the rebel”. However, he pleads that it was only Woody Guthrie who had the deepest impact on him and that he influenced his every move, what he ate, how he dressed and who he wanted to know and not know. He argues that this teenage rebellion of the late 1950s and early 1960s did not really appeal to him and believes that “It had no organized shape. The rebel-without-a-cause thing wasn’t hands on enough even a lost cause...” (Dylan 247). However, many of his songs are often still labeled as rebel songs and if this is taken into account, his transition from folk songs to rebel as well as protest songs may be something substantial to look at. Dylan’s dreams were becoming a reality by 1961 when Colombia Records offered him a contract, and in March 1962, he released his first album Bob Dylan which was produced by John H. Hammond who signed him to the label. The songs in this album were pure folk and included two original compositions, “Talkin’ New York” and the one he wrote for Woody Guthrie. His second album, The Freewheelin’ Bob Dylan was released the next year in May and this album is regarded to represent the initial stages of Dylan’s writing contemporary words to traditional melodies. Eleven out of the thirteen songs in it are Dylan’s original compositions and includes “Blowin’ in the Wind” which became an anthem of the 1960s, as well as other well-known songs like “Girl from the North Country”, “Masters of War”, “A Hard Rain’s a-Gonna Fall” and “Don’t Think Twice, It’s All Right” which all became classics of the 1960s folk scene. Although these songs may be characterized as folk, the lyrics embody what may be defined as “protest songs” and Dylan’s inclination to write about the occurrences of the world, about humanity and life itself is evident. Dylan himself had said that “Folk songs are evasive- the truth about life...” (Dylan 71) and thus, have a close relation with what is called “topical songs”, songs that Dylan sung a lot. These topical songs may be defined as songs about real events where the point of view of the songwriter is embedded. As such, the songs in The Freewheelin’ Bob Dylan are basically a merge of folk and topical songs. Some are of the opinion that this album was the start of Dylan’s protest songs, songs that are also called “finger-pointing” songs- sincere expressions of frustration towards leaders who opposed change.( Heylin 87) For instance, the song “Blowin’ in the Wind” which has been described as an anthem of the 1960s Civil Rights movement is regarded to capture the frustration and aspirations of those affected by various injustices like racism and wars. The song poses a series of rhetorical questions about peace, war and freedom where Dylan questions; “...how many times must a man look up, Before he can see the sky? Yes, and how many ears must one man have, Before he can hear people cry? Yes, and how many deaths will it take ‘til he knows, That too many people have died. . .?” (Bob Dylan: Lyrics. 1962-1985, 7) Dylan’s reply to these rhetorical questions and the refrain of the song, “The answer, my friend, is blowin’ in the wind” is quite ambiguous wherein there is no clear-cut solution and yet it suggests that there is one. However, according to Dylan, “Topical songs weren’t protest songs. . .I tried to explain later that I didn’t think I was a protest singer, that there’d been a screwup. . .” and it appears as though for him, there was a clear cut difference between protest songs and rebel songs and that he was more inclined towards the latter, the kind of songs that “really moved. . .” him. (Dylan 83). Locating Dylan as a protest singer and his songs as protest songs, when he himself is in denial is a substantial factor to look at. “One of the trickier difficulties in appreciating Dylan’s art involves distinguishing it, as far as is possible, from his carefully crafted, continually changing public image.” (Wilentz, 11) and this statement may imply the problematic situation that arises when looking at Bob Dylan with the motive of examining his role and identity in the American song tradition, especially within the protest music paradigm. Dylan’s music indeed has connections to the 1930s and 1940s, through the influences of Woody Guthrie, Pete Seeger and other folk musicians. However, there are other connections, to a broader world of experimentation with American music as well as with cultural and political events which eventually add up to the creation of his identity as a musician. If there is a clear cut distinction between a folksinger and a protest musician or singer, Dylan’s growth, or rather metamorphosis within the realms of the two may be examined in order to highlight his identity and role within American music as a whole. Whether Dylan did mean or never meant to protest through his songs, he nonetheless became a voice and his songs became the most influential protest songs of a generation, particularly for the era of the Civil Rights movement. Historically, there were several events that led up to the movement. The integration of major league baseball that took place in 1947 and Truman’s initiation to integrate the armed forces were both catalysts in starting the movement. The integration of schools in 1954 was also a major event in the history of America where the Supreme Court ruled that “separate but equal” in schools was no longer tolerable. An event took place the next year also tremendously changed the course of the movement. On December 1, 1955, in Montgomery, Alabama, a Civil Rights activist named Rosa Louise McCauley Parks was arrested for refusing to give up her seat for a white man which was a violation of the busing segregation rule. This caused a great effect that finally led to the creation of the Montgomery Improvement Association, whose president, Martin Luther King Jr., as well as many activists and advocates started boycotts, protests and marches that eventually led to many positive changes within the society. All of these caused Dylan to write some of his most influential songs that are regarded to be protest songs. If Dylan were really to be regarded as a protest song writer, his then-girlfriend, Suze Rotolo was undeniably very influential for him. Suze was involved in the Congress of Racial Equality (C.O.R.E), an organization involved in the Civil Rights movement. She asked him to write some songs for the organization and the first was “The Death of Emmett Till”, a song about the murder of a black boy in 1955. Fifteen year-old Emmett Till was killed because he had whistled at a white girl, and the song created a huge controversy. He also wrote “Oxford Town”, which detailed about major events that occurred in the movement. By this time, Dylan became not only known for his protest songs but his career as a writer also began. He began writing for Broadside, the first magazine to publish his work and he became one of the most regular contributors. Dylan’s third album The Times They Are-a Changin’ released in 1964 includes what is often regarded as Dylan’s one of Dylan’s most offensive songs, “Only a Pawn in Their Game”, which he sang for the first time in Greenwich, Mississippi at a Civil Rights gathering. The song is about the murder of Medgar Evers, a Civil Rights activist. Coming home one evening, Evers was shot and killed on his front porch and in the song, Dylan described the murder as “just a poor dumb white bigot manipulated by powerful racist forces” and also said that “the assassin was also a victim, harmed by a system that teaches hate.” (Dylan 256) Some of the other songs in the album like “The Times They Are-a Changin’” also seemed to show more refinery and sophistication than his traditional work. In reference to his traditional songs, Dylan had said, “The folk songs showed me that songs can say something human.” (Dylan 236) It may be suggested that folk singers did not necessarily show or convince people of something new, but rather, strengthened and reinforced traditional and political views that were already in existence. The way something is transferred and delivered is often as important as what is actually being conveyed, and with Dylan, his approach and his medium also becomes his message and he himself had said, “I don’t think when I write. I just react and put it down on paper. . .what comes out in my music is a call to action.” (Dylan 187) And it may be a fact to state that his songs indeed influenced the movement, as much as the movement influenced him. Dylan’s concern with the society, humanity as well as politics started to reveal itself through many of his songs. He insisted that politics were an integral element of his songs’ lyrics and that “social issues are more important than music. . .” (Dylan 242). However, Dylan tends to often contradict himself and his beliefs. For instance, certain political events would often evoke a musical response from him which made his concern for politics quite obvious. One such example was the Cuban Missile Crisis. In 1963, America was threatened with the fear of nuclear warfare by the U.S.S.R and in response to this, Dylan wrote “A Hard Rain’s Gonna Fall”. The song describes the then-current situation that the public was facing like fear, anticipation, worry, bitterness and dread and he himself said, “. . .it was a song of terror. Line after line, trying to capture the feeling of nothingness.” (Heylin 26) In this song, he parallels between what was happening in the U.S and the imagery used by the Biblical prophets describing destruction and desolation. Such a song as this reflects Dylan’s interest in politics and what it was doing to the world. Yet, later, he describes his song “Political World”, a song with a strong political tone as simply something that might have been “triggered by current events” or a song about “an underworld, not the world where men live, toil and die like men.” (Dylan 166) His self-contradiction is also seen in his views regarding the age of rebellion and rebel music. He had always stated that the rebellious act had never appealed to him and yet, later celebrates rebel music and songs. His celebration and appreciation of it may be what led people to recognize his music as rebel music. If this was so, then, protest songs and rebel songs indeed would have a very close relation and resemblance but Dylan however, stressed upon how different the two were; “The rebellion songs were a really serious thing. The language was flashy and provocative—a lot of action in the words, all sung with great gusto... I loved these songs... They weren’t protest songs, though, they were rebel ballads... even in a simple, melodic wooing ballad there’d be rebellion waiting around the corner. You couldn’t escape it... Rebellion spoke to me louder. The rebel was alive and well, romantic and honorable.” (Dylan 83) Another feature of Dylan’s music are the anti-war songs. However, to categorize them as a completely different feature would not be valid because these songs too still protested, still rebelled against the injustices done to people by the wars and by those in power. Although he was never a big part of the Vietnam protest, a number of his anti-war songs were written in response to the Vietnam war. Two of the most popular were “Masters of War” and “John Brown”. What is significant to note here is that the song “Masters of War” was actually a part of his second album. This shows that Dylan, whether he regards himself as somebody who writes protest and rebel songs or not, had actually protested against certain injustices from the very beginning of his career. In this song, he finger-points the evil men who make profit off of the war while young men go off and die, and says, “... like Judas of old, you lie and deceive... you fasten the triggers for the others to fire, then you set back and watch when the death count gets higher... ” (Bob Dylan: Lyrics. 1962-1985, 81). “John Brown”, on the other hand, tells the true nature and deception of the war, and the negative effects it has on a person. John Brown, the protagonist in the song is sent off to war with honour, and his mother “brags about her son with his uniform and gun. . .” However, when her son returns, she can hardly recognize his face because of the destruction the war had caused. John Brown says that in the middle of battleground, he realized that he was just a “puppet in a play.” Another popular anti-war song is “With God on Our Side” and it reflects upon several wars that the U.S had gone through, including the Spanish-American war and both World War I and World War II, and is basically about how wrong and arrogant it is for people to ask God to be on their side, when it is actually the people themselves who cause the harm. Other anti-war songs of such stature are “Legionnaire’s Disease”, “Let Me Die In My Footsteps” and “Talkin’ World War III Blues”. A major event in the U.S history and in Dylan’s career was the assassination of President John F. Kennedy on November 22, 1963. After this tragedy, Dylan started to distance himself from politics. Some believe that he was afraid of being assassinated himself, and many had the same fear that he might be, because so many of the nation’s public figures and “heroes” had been assassinated and they feared that Dylan would be next. Although Dylan never actually confirmed his decision to remove himself from it, it can be seen that he restrained himself from being too involved in any kind of political movement going on at that time. Nonetheless, he paved the way and laid the foundation for the activists, mostly college students and the youth who fought against the destruction of the establishment and it may be rightly said that no other artist was able to create the kind of revolution that he did, and he definitely had the greatest impact on that generation; “The nation was divided in the fall of 1968, by its split over the Vietnam war and social issues such as the continuing battle of integration. As anti-war demonstrations and police clashed on the streets of Chicago, the young protestors chanted Dylan’s words, “The whole world is watching.” . . .” (McKeen 36) Dylan, through his music was definitely a factor in the revolution of hundreds and thousands of people. He may not have been responsible for the ideologies behind the movements, but he indeed provided the emotional drive behind the people. Not only was he an influence on the American public, but also on other rising musicians of that era, such as the Beatles, the Rolling Stones, Joan Baez, Eric Clapton, Van Morrison, Jimi Hendrix and others. Yet, Dylan remains the nonchalant, humble person that he is and maintains, “All I’d ever done was sing songs that were dead straight and expressed powerful new realities. I had very little in common with and knew even less about a generation that I was supposed to be the voice of.” (Dylan 115) For more than five decades, Dylan has made his mark in the world as one of the most iconic and celebrated musicians of all time. He started out as a folk singer but his talent indeed widened as he explored certain kinds of music. The public’s surprise or rather, disapproval at his later transition into rock and even electric can be justified when taking into account Dylan’s previous loyalty and commitment to folk music. He himself had said, “Folk music was all I needed to exist. . .I had no other cares or interests besides folk music. I scheduled my life around it. I had little in common with anyone not like-minded.” (Dylan 236) However, with a talent like his’, it is only appropriate that he emerge as a versatile icon, representing all kinds of artistic aptitudes. The number of awards, medals and honours he had received tells the artist that he is. Among these are twelve Grammy awards, one Academy and one Golden Globe awards for his song “Things Have Changed” from the movie “Wonder Boys”. Eight of his songs have been included in the Grammy Hall of Fame and five in the Rock and Roll Hall of Fame. He has also been awarded the Presidential Medal of Freedom. The award he received that probably caused the greatest stir was the Nobel Peace Prize he received in 2016 “for having created new poetic expressions within the great American song tradition.” With this award, he became the first songwriter and American, since 1993 to win the award in literature. The news of Dylan receiving this award divided social media between those who felt he was not worthy of it, believing him not to be fit to be awarded something for literature, and those who felt he was the most appropriate awardee for it. In defense of the talks circling around, the Swedish Academy’s permanent secretary Sara Danius told the Guardian that the news may be surprising but Dylan deserved it because he is “a great poet- a great poet in the English speaking tradition. For fifty four years, he’s been at it, reinventing himself constantly, creating a new identity.” In spite of whether people felt he was worthy of it or not, the Nobel Committee indeed acknowledged Dylan as a true recipient of the literary Nobel Prize. Their stance as well as Dylan’s capabilities as a literary figure is truly captured by the presentation speech delivered by Professor Horace Engdahl, Member of the Swedish Academy and the Nobel Committee for Literature, on December 10, 2016; “. . .it ought not to be a sensation that a singer/songwriter now stands recipient of the literary Nobel Prize. In a distant past, all poetry was sung or tunefully recited, poets were rhapsodes, bards, troubadours. . .But what Bob Dylan did was not to return to the Greeks or the Provencals. Instead he dedicated himself body and soul to 20th century American popular music, . . for ordinary people, white and black: protest songs, country, blues, early rock, gospel, mainstream music. He listened day and night, testing the stuff on his instruments, trying to learn. But when he started to write similar songs, they came out differently. In his hands, the material changed. . .he panned poetry gold, whether on purpose or by accident is irrelevant; all creativity begins in imitation. . .Soon people stopped comparing him to Woody Guthrie and Hank Williams and turned instead to Blake, Rimbaud, Whitman, Shakespeare. . . Recognising that revolution by awarding Bob Dylan the Nobel Prize was a decision that seemed daring only beforehand and already seems obvious. . . Chamfort made the observation that when a master appears, the hierarchy of genres. . . is nullified. “What matter the rank of a work when its beauty is of the highest rank?” he wrote. That is the straight answer to the question of how Bob Dylan belongs in literature: as the beauty of his songs is of the highest rank. . .” (Engdahl 1). Bob Dylan’s place in the American song tradition as well as his position as one of the greatest and most prominent figures in music has indeed been elevated further by the Nobel prize. The Nobel’s stance for Dylan being awarded the prize “for having created new poetic expressions within the great American song tradition” permanently marks Dylan as not just a popular musician or a great artistic figure in popular culture, but as a literary figure, surpassing the line between high and low literature as well as culture and this is clearly captured by Sara Danius who calls him “a very interesting traditionalist, in a highly original way. Not just the written tradition, but also the oral one; not just high literature, but also low literature.” Bob Dylan’s own response to his win is seen in his audio lecture published by the Nobelprize.org, where he himself admits to having wondered how his songs are related to literature. He reflects on the very beginning and how he was influenced by musicians like Buddy Holly and claims that he had picked up the vernacular and had internalized it. However, perhaps his distinctiveness when compared to other folk musicians lies in how he internalized the vernacular, the devices, the rhetoric and the techniques, incorporating his “principles and sensibilities and an informed view of the world”. His background of literature and what he had learnt in grammar school serve as important instruments in his “way of looking at life”, giving him “an understanding of human nature, and a standard to measure things by”. Dylan claims to have taken all these with him when he started composing lyrics and the themes from many books he had read worked their way into many of his songs and announced, “I wanted to write songs unlike anything anybody ever had, and these themes were fundamental”. (Dylan 2017) His protest songs and the impact it had on the American society as well as culture indeed proved that Dylan’s songs were different and on a different league. The contents were authentic because he did not restrain himself from describing the controversial events like murders in their actuality. He used his songs as a medium to make the masses aware of how corrupt and deceptive the establishment really is in its governance and in its way of handling wars and the manipulation of power. Through such songs, Dylan managed to assert himself as the much needed voice in the prevailing protests as well as within the whole of the American Song tradition. Chapter II Song and Culture This chapter will analyse how the popular protest songs of Bob Dylan, namely “Blowin’ in the wind”, “Masters of War”, “A Hard Rains’ A-Gonna Fall”, all from the album The Freewheelin’ Bob Dylan (1963), “With God on Our Side”, “The Times They Are A-Changin’”, “Only a Pawn in their Game”, from the album The Times They Are A-Changin’ (1964) and the singles “John Brown” and “The Death of Emmet Till” (1962) resonate with the culture of its time by looking at the subjects dealt and the concerns raised by Dylan. In doing so, it will focus on the various events that led to the issues dealt with in his songs and how it affected the scenario of the time. “Culture”, a term broadly used and defined, according to Raymond Williams, is “one of the two or three most complicated words in the English language.” (Williams 87) and he suggests three broad definitions for the term. Firstly, as a term to refer to “a general process of intellectual, spiritual and aesthetic development”, secondly, as “a particular way of life, whether of a people, a period or a group”, and thirdly, as “the works and practices of intellectual and especially artistic activity.” (Williams 88) Within this, and due to certain ideologies, popular culture comes into existence. In order to define and analyse popular culture, the ideologies behind it may be looked at. One such example is Marx’s famous formulation: “In the social production of their existence men enter into definite, necessary relations, which are independent of their will, namely, relations of production corresponding to a determinate stage of development of their material forces of production. The totality of these relations of production constitutes the economic structure of society, the real foundation on which there arises a legal and political superstructure and to which there correspond definite forms of social consciousness. The mode of production of material life conditions the Here, Marx is suggesting that “the way a society organizes the means of its economic production will have a determining effect or the type of culture that society produces.” (Storey 3) This stance may also be further explained as the way in which the various implications of a particular culture, like what is being produced at a particular period may contribute to what is “popular” and thereby, creating a popular culture for that particular group or period. The term “popular” according to Williams, suggests “well liked by many people”, “inferior kinds of work”, “work deliberately setting out to win favour with the people” and “culture actually made by the people for themselves.” (Williams 237) Hence, it may be valid to state that popular culture is a culture that is widely accepted and liked by many people. And within this popular culture exists certain aspects like the fashion, sports, food, music, language, movies and festivals embraced by the masses. Popular culture may also be explained as the culture that is left over after we have decided what is high culture. (Storey 6) According to this idea, popular culture becomes a residual category, as inferior to high culture. For instance, popular literature is often seen as inferior when compared with canonical or classic literature—of high and low art. This assumption may be because what is regarded to be “high” has to be something that is complex and difficult to understand by the majority of the people, while what is deemed to be “low” or popular is comprehensible to everyone. The French sociologist Pierre Bourdieu argues that cultural distinctions of this kind are often used to support class distinctions and to fulfill a social function of legitimating social differences. Hence, the ideologies of Marxism and how social classes are created may be substantial in the analysis of popular culture and the role it plays within a society. Popular culture is also often explained as “mass culture”, hence, a commercial culture and therefore, consumerism becomes a key factor, wherein what is popular at a given time period- from movies to books, music and fashion depends upon the consumers. It thus becomes something highly embraced by the working class culture. Under this light, the sub-cultures within popular culture, like popular music or popular literature becomes an important voice for the masses. It gives people the chance to voice their opinions through songs, books and poetry. And since, unlike high culture or art, it is comprehensible by everyone, it becomes a significant aspect in creating a revolution or change within a society. Popular culture is perhaps most widely embraced in America. Following the Second World War, America experienced the temporary success of a cultural and political consensus- supposedly based on liberalism, pluralism and classlessness. And especially by the late 1950s and early 1960s, the country saw a liberation for music, art, inventions, public opinions and way of living itself. This popular culture embraced the rise of popular art of all forms. Certain aspects like the youth rebellion and the hippie culture signified the youth protesting for peace and liberation in the decade of turmoil, and thus, the period saw the emergence of music, songs and artists who voiced their opinions and protested against certain injustices done to the masses. The civil rights movement and the Vietnam War were among the main causes of great concern to young people. Activities related to the civil rights movement were among the main topics raised and circulated and many optimistic young people of all races strongly believed that all human beings are equal and hence, deserved equal rights and opportunities. The Vietnam War created a huge stir and was a great concern to most young people because young men were required to register for the war once they turn eighteen. Many anti-war protests took place on college campuses and to an extent, such protests became a part of the popular culture, often carried out through popular music and other forms of art. Since folk music was often topical and political and generally about protests against racism and war, it was the music choice on many college campuses. Hence, even though often considered as “low”, popular culture indeed acted as a tool to bring about a stir and change in the society and in a way, heroes emerged not in the form of elite officials but in the form of the working class musicians, artists and writers. “They tell me that every period, every time, has its heroes. Every need has a solution and an answer. Some people- the press, magazines- sometimes think that the heroes that young people choose lead the way. I tend to think that they happen because they grow out of a need. This is a young man who grew out of a need. He came here, he came to be as he is, because things needed saying and the young people were the ones who wanted to say them, and they wanted to say them in their own way. He somehow had an ear on his generation. . . I don’t have to tell you-you know him, he’s yours: Bob Dylan!” With these lines, “Ronnie Gilbert of the Weavers introduced twenty-two year old Bob Dylan to forty thousand folk fans in Freebody Park, Newport, Rhode Island, on July 26, 1963.” (Lynskey 51) In order to look into how popular culture, particularly the popular music of Bob Dylan shaped and contributed to a revolutionary change in the American society, thereby becoming what Gilbert called a “hero”, the discourses of popular music may be taken into account. It may be suggested that the meaning of any piece of music is not entirely based on the discourses we have for comprehending them, but more with how we analyse and put the meanings there. According to Simon Frith, “to understand cultural value judgements we must look at the social contexts in which they are made, at the social reasons why some aspects of a sound or spectacle are valued over others.” (22) Hence, a study on how artists, particularly Dylan in this case, communicate cultural value judgements, referred to here as “discourse”, through attitude, style, voice, lyrics and language can be made. The social contexts on which the discourses of the songs of Bob Dylan are based have to do with certain historical events such as the after-shocks of the world wars, improvement of certain technological inventions in the society, Kennedy’s assassination, the Cuban Missile Crisis, the civil rights movement and the Vietnam War and most of his songs too, contain themes of these events and highlight their effects on society and the individual. To fully examine the relation between song and culture and how the songs of Bob Dylan resonated with the culture of its time, a closer study of what is known as the then counterculture and his role in it may be made. A counterculture may be defined as a subculture whose values and norms of behavior differ substantially from those of mainstream society, often in opposition to mainstream cultural mores. (Merriam-Webster’s, 2008) A countercultural movement expresses the ethos and aspirations, beliefs and ideals of a certain group of people or population during a certain period and when such oppositional forces reach a critical mass, countercultures often result in the creation of certain cultural changes. Within this context, the counterculture of the 1960s, specifically between the years 1964 and 1974 may be examined. The term “counterculture” is said to have been originated by John Milton Yinger who first used it in his 1960 article Counterculture and Subculture, where he suggested the use of the term “wherever the normative system of a group contains, as a primary element, a theme of conflict with the values of the total society, where personality variables are directly involved in the development and maintenance of the group’s values, and wherever its norms can be understood only by reference to the relationships of the group to a surrounding dominant culture” (Yinger 625). To identify Dylan’s role and contribution in this counterculture, his first emergence into music and popular culture may be taken into account, and for this, his beginnings as a folksinger is significant. Bob Dylan’s influences came from varied genres of music but when he first arrived in New York, beginning his career as a singer in a café, amidst singers who were playing different kinds of music, he stuck to folk music which “either drove people away or come in closer . . .”, claiming “Folk songs were the way I explored the universe, they were pictures and pictures were worth more than anything I could say.” (Dylan 18) He was aware of the changes taking place within the country and how these changes affected the music scene but was adamant to stick with what he knew best and admits, “‘50s culture was like a judge in his last days on the bench. It was about to go. Within ten years’ time, it would struggle to rise and then come crashing to the floor. With folk songs embedded in my mind like a religion, it wouldn’t matter. Folk songs transcended the immediate culture.” (Dylan 27) Perhaps Dylan’s choice of sticking to folk music proved to be a wise decision. America, at that time, was “convulsed by the bloody battle for civil rights and the palpable threat of nuclear war, and young Americans, losing faith in the wisdom of their elders, hungered for someone who could voice their inchoate discontent.” (Lynskey 52) and since folk music was often generally political, taking positions against racism and war, and Dylan being the main folk music figure of the time, he emerged as the voice and hero for the youth culture. Many of Bob Dylan’s songs defined social issues such as the Vietnam war and the Civil Rights Movement. The 1960s, the time when Dylan started to rise to fame through his music was the time rebellion against mainstream society was rising among the youth. These rebels adopted a certain lifestyle as opposed to the traditional lifestyle of the mainstream culture as a way of asserting their beliefs, ideals and individuality to an extent and to achieve self transformation. According to James Dunlap, folk music was generally viewed “as a way to understand or promote the common beliefs and aspirations of entire social groups” which provided a way for young people to express their discontent with the mass culture and their parents’ values. (Dunlap 549) As such, Bob Dylan, through his lyrics challenged the accepted beliefs and norms of traditional American society and focuses on individual feelings rather than entire social groups, making his songs a forerunner for the creation of a counterculture. By 1963 and with the release of his first two albums, Bob Dylan (1962) and The Freewheelin’ Bob Dylan (1963), a myth that may never be quashed—that of Dylan, the protest singing prophet was born. All of his most famous political songs were written in a relatively short period, but these became the songs which fixed him in the popular culture imagination. In his autobiography Chronicles: Volume II, Dylan shudders as he remembers the labels slapped upon him—“Prophet, Messiah, Savior”—and recalls how he had confided in a friend, “People are recognizing me, they’re stopping me on the street and asking me what I meant in ‘Blowin’ in the Wind’, and what’s the true meaning in my other songs. They’re driving me flaky. Gotta get out of here.” (Dylan 46) However, there was nowhere to go. It was as though wherever he went, people pursued him looking for answers that were not there. Suddenly, a hero emerged in the form of Dylan. A hero who spoke out things that had never been dared said before. It may be suggested the youth culture that was disillusioned with the wars, racism and oppression by those in power finally found hope in Dylan and his songs, songs that protested and finger pointed the “ruling” class, the class in the form of politicians and leaders. The popular culture and attitude as well as propaganda of the protesters was one thing before Bob Dylan came upon it with his protest songs, and quite another thing afterwards. Bob Dylan began to use his music to show the experiences of injustice within the American society. His protest songs, especially those with political issues often feature particular incidents that have happened in the society wherein Dylan finger-points and blames those in power who used their power to suppress the less privileged. To fully analyse Dylan’s key role in the revolutionary change that occurred in popular culture and how his music altered the cultural values of America, certain theories about popular culture, society, class and power dynamics may be applied while scrutinizing the discourses of his lyrics. For many cultural critics working within the cultural dynamics, mass culture is not just an imposed and impoverished or lower culture, it is in a clear identifiable sense an imported American culture: “If popular culture in its modern form was invented in any one place, it was in the great cities of the United States, and above all in New York.” (Maltby 11) If the claim that popular culture is American culture were really true, it will have to do with the history it has within the theoretical mapping of popular culture. It operates under the term “Americanization” and its central theme is that British culture has declined under the homogenizing influence of American culture. To look into the dynamics of the United States and popular culture, we may consider what Andrew Ross has pointed out: “Popular culture has been socially and institutionally central in America for longer and in a more significant way than in Europe.” (Ross 7) Particularly in the 1950s and 60s, one of the key periods of Americanization, for many young people in Britain and other parts of the world, American popular culture represented a force of liberation, perhaps because in it, the youth, the rebels and the working class people had a voice. The texts, practices and way of living in this popular culture are seen as a form of “public fantasy” (Storey 9). It is a collective dream world and provides “escapism that is not an escape from or to anywhere, but an escape of our utopian selves.” (Maltby 14) It may also be stated that popular culture is the culture that originates from the people, a folk culture which is a culture of the people for the people and is “often equated with a highly romanticised concept of working-class culture construed as the major source of symbolic protest within contemporary capitalism.” (Bennet, 27) With these theories, Dylan’s impact on the liberation that the popular culture of America represented, where the working-class protested against the capitalistic ideals is clearly evident. In order to analyse Dylan’s protest songs and how it contributed to this “public fantasy” and how it provided “escapism”, the historical events that triggered the songs and the topics raised in his lyrics will have to be looked at. His second album, The Freewheelin’ Bob Dylan released in 1963 is often regarded to represent the beginning of Dylan’s writing contemporary words to traditional melodies. Eleven out of the thirteen songs in it are Dylan’s original compositions and includes “Blowin’ in the Wind” which became an anthem of the 1960s Civil Rights movement and is regarded to capture the frustration and aspirations of those affected. The song poses a series of rhetorical questions about peace, war and freedom where Dylan questions; “How many roads must a man walk down Before you call him a man? Yes, how many seas must a white dove sail Before she sleeps in the sand?” Yes, 'n' how many times must the cannon ball fly Before they're forever banned? The answer, my friend, is blowin' in the wind, The answer is blowin' in the wind." (Bob Dylan: Lyrics. 1962-1985,7). The song does not necessarily outline or point to the occurrences of the wars or what literally happened, nor does it provide a solid solution to whatever was happening to the society. In this song, Dylan seems to be avoiding specifics but nonetheless captures the impending question "by posing questions that so many Americans were asking: ‘How many times? How many deaths? How many years?’" (Lynskey 55) Although it does not tell the exact situations and happenings, “Blowin’ in the Wind” intrigued the listener with its subtle poetic vagueness and although it provides no clear-cut answer, it gave the disillusioned Americans a sense of an escape from the questions that they had suppressed for so long. It became a consensus for a particular group of people, a group of people that formed the popular culture of the time. Another theory applicable to the study and analysis of popular culture is that of the Italian Marxist, Antonio Gramsci’s concept of hegemony. Gramsci uses the term “hegemony” to refer to the way in which dominant groups in society, through a process of “intellectual and moral leadership” seek to win the consent of subordinate groups in society. For him, hegemony becomes a political concept developed to explain the absence of socialist revolutions in the Western capitalist democracies, given the exploitative and oppressive nature of capitalism. As such, it involves a specific kind of consensus, where a social group seeks to present its own particular interests as the general interests of the society as a whole. The existence of hegemony however does not imply that all conflicts within a society, between classes have been removed. It basically suggests “a society in which conflict is contained and channeled into ideologically safe harbours.” (Storey 80) In this sense, hegemony is created by the coming together of a certain group of people with a set of shared ideals, thus forming a popular culture. Through the songs of Dylan, songs that talk about the injustices of wars, racism and the cruelties done to mankind, a social group who shares the same angst and hope come together to create a consensus that contributed greatly to the already existing popular culture whilst forming a new one. For instance, as politicians continued to send more troops to Vietnam, the people began to question the United States’ involvement in the war and expressed their concern openly. Bob Dylan’s song Masters of War came up and signified the ideas and stances of the angry students and youth who were protesting against the war. The song presents the brutality of the war and Dylan blames those in power, the politicians who were in command as evil men who make profit off of the war while young men go off and die, saying: “... like Judas of old, you lie and deceive... you fasten the triggers for the others to fire, then you set back and watch when the death count gets higher. . .”(Bob Dylan: Lyrics. 1962-1985, 81). This song shows how little concern the U.S government seems to have for the number of deaths caused by the war since its only interest was winning the war. Dylan is frustrated and angry in this song, exclaiming “you ain’t worth the blood that runs in your veins” and ends it with a threatening message, “till’ I’m sure you’re dead.” He turns the topic of the military-industrial complex into an ancient horror story in which a wrongdoer is pursued by a vengeful spirit. In the liner notes to his album The Freewheelin’ Bob Dylan, he explains himself saying, “I’ve never really written anything like that before. I don’t sing songs which hope people will die, but I couldn’t help it with this one. The song is a sort of striking out, a reaction to the last straw, a feeling of what can you do?” (Lynskey 57). His wish for death upon these “masters of war”, emphasized the true hatred that the protestors had and their genuine desire for the war to end and to have peace within the society. Hegemony no longer pertains to just the power imposed from above. According to Gramsci’s concept of the term, in times of crisis within a society, when the moral and intellectual leadership is not enough, the processes of hegemony are replaced by the coercive power and in this case, it can be said that the people who embraced the popular culture through Dylan’s protest music, rise together to protest against the failing leaders and exercise their own form of power. Using hegemony theory, “popular culture is what men and women make from their active consumption of the texts and practices of their culture industries.” (Storey 81) This may be understood using certain subcultures and in this case, the popular culture or subculture of the youth, the youth culture who protested and formed a distinct culture within the existing culture and embracing the protest music of Bob Dylan to bring about their beliefs and desires. With this concept, popular culture brings about a balance in the society and creates classlessness, what Gramsci calls “a compromise equilibrium” (Storey 71). Michel Foucault’s ideas and concepts about power and knowledge within a society can also be an underlying factor in the study of culture and how these things operate within civilization, within the workings of class and social hierarchies. Foucault is concerned with how knowledge is put to work through discursive practices in specific institutional settings to regulate the conduct of others. He focused on the relationship between knowledge and power, and how power operated within what he called an institutional apparatus and technologies. This approach took as one of its key subjects of investigation the relations between knowledge and power in the modern society. It saw knowledge as always inextricably intertwined in relations of power because it has always been applied to the regulation of social conduct in practice. For him, “Knowledge linked to power, not only assumes the authority of ‘the truth’ but has the power to make itself true. All knowledge, once applied in the real world, has effects, and in that sense at least, ‘becomes true’. Knowledge, once used to regulate the conduct of others, entails constraint, regulation and the disciplining of practice. Thus, there is no power relation without the correlative constitution of a field of knowledge, not any knowledge that does not presuppose and constitute at the same time, power relations.” (Foucault 27) This idea and approach about knowledge and power brought Foucault’s interest closer to those of the classical sociological theories, like Marxism with its concern to identify the class positions and class interests concealed within particular forms of knowledge. Looking into the American culture and society and the happenings of the given time period, power seems to be solely in the hands of the government and the elite officials or the “knowledgeable” politicians and yet the people were subjected to wars, racism and all kinds of injustices under the guidance and leadership of those who assumed the power. Though the American society may be one that is classless, the workings of power and how power is maintained still relied on how an imaginary line was drawn between the rich and the working class. Marxist ideology has argued: “The ideas of the ruling class are in every epoch the ruling ideas, i.e., the class which is the ruling material force of society, is at the same time its ruling intellectual force. The class which has all means of material production at its disposal, has control at the same time of mental production, so that thereby, generally speaking, the ideas of those who lack the means of mental production are subject to it.” (Marx 64) The ruling ideas are thus those of the ruling class which governs a capitalist economy and in turn, power becomes subjected to those of the ruling class. Just like this, in the modern American society too, the people suffered the effects of the wars and the various rules imposed upon them by the “ruling class”. Foucault argued against this classical Marxist theory with the claim that it tended to reduce all the relation between knowledge and power to a question of class power and class interests. He did not deny the existence of classes but strongly opposed to the powerful element of economic or class reductionism in the Marxist ideology. This led him to propose the idea of how power really works within a society, between classes and to whom power is really manifested. Foucault has stated how power is diffused and he challenges the idea that power is exercised by people or groups or the authority through sovereignty and traditional conventions, and instead, sees it as something dispersed. In “Power/Knowledge”, he has maintained: “Power must be analysed as something which circulates, or rather as something which only functions in the form of a chain. It is never localised here or there, never in anybody’s hands, never appropriated as a commodity or piece of wealth. Power is employed and exercised through a net-like organisation. And not only do individuals circulate between its threads, they are always in the position of simultaneously undergoing and exercising this power. . .In other words, individuals are the vehicles of power, not its points of application.” (98) If this theory is to be applied in our analysis and study of the songs of Bob Dylan within the paradigm of popular culture, we may look into how the protest songs of Bob Dylan, how a certain group of people who protested against the happenings of the American society and who embraced Dylan’s songs come together to form a consensus, thereby forming a radical change in the society and in turn, wielded power in their own right. Bob Dylan, with his first album being released in 1962, emerged in the music scene at the time when many Americans were getting tired of the way the government was handling things. His music gave them a sense of hope and inspired them in the protests that were going on in the form of the civil rights movement and many other social activist movements. His songs spoke out and finger-pointed those who were in the position to make a change but chose not to and this was exactly the kind of voice that the people needed. The people’s frustration with issues like racism and an unjust government is also clearly captured by Bob Dylan in his song “The Death of Emmett Till”, a song about a black fourteen-year-old who had been beaten and shot to death in Mississippi in 1955 for “whistling at a white woman” and many regarded that with this song, “Bob Dylan the protest singer was born.” (Lynskey 54). In the song, Dylan vividly describes how the murder must have taken place and perhaps, to highlight how unreasonable and inexcusable the reason for the murder was, intentionally says, “They said they had a reason, but I can’t remember what.” He also seems to be stressing upon the injustices done to black people, where they were ridiculed and suppressed just because of the colour of their skin and how it was as if the white men enjoyed torturing them for this and says: “The reason that they killed him there, and I’m sure it ain’t no lie Was just for the fun of killin’ him and to watch him slowly die.” (Bob Dylan: Lyrics 1962- 1985, 29) Perhaps the biggest reason that this song caused such a stir and why it was loved by so many people who protested against the government was the way Dylan spoke out against the corrupt government, a government that would not lay its hand on white men even if they were guilty and confessed to their own crimes: “. . . to stop the United States of yelling for a trial. Two brothers they confessed that they had killed poor Emmett Till. But on the jury there were men who helped the brothers commit this awful crime, And so this trial was a mockery, but nobody seemed to mind.” Dylan mentions his own disgust at the way things were handled and paints a vivid imagery of the plight of the murderers and the murdered: “I saw the morning papers but I could not bear to see, The smiling brothers walkin’ down the courthouse stairs For the jury found them innocent and the brothers they went free, While Emmett’s body floats the foam of a Jim Crow southern sea.” The song greatly reflects Dylan’s anger and frustration towards a law that was so unjust. He ends the song by reminding the people that such an injustice still exists and asks that they join him in fighting against it: “This song is just a reminder to remind your fellow man, That this kind of thing still lives today in that ghost-robed Ku Klux Klan. But if all of us folks that thinks alike, if we gave all we could give, We could make this great land of ours a greater place to live.” (Bob Dylan : Lyrics. 1962-1985, 17). This kind of a revelation of the bitter truth wrapped up in a hopeful message and encouragement was exactly what the Americans needed. His fans saw in him the power to defy the “ruling class” and through Dylan and his songs, power was manifested in the hands of the working class people, a class embraced by the popular culture. This flux of power within a society is the kind Foucault has stressed upon, wherein he challenged the idea that power is wielded by people or groups by way of “episodic” or “sovereign” acts of domination or coercion and instead sees it as dispersed and pervasive. According to him, “power is everywhere” and “comes from everywhere” and in this sense, it is neither an agency nor a structure. (Foucault 93) It is a kind of “metapower” or “regime of truth” that pervades society and is in a constant flux and negotiation. Similar to this, in the American society, the traditional power may have belonged to those in charge of making the decisions, the politicians and other elite officials who proposed rules such as the segregation in public places between white and black men. They may have had the power to recruit young men into fighting in the wars and they may be seen as the single source of power— the sovereign and the ruling class. However, “power does not function in the form of a chain” but it circulates and is never monopolized by one centre but is diffused and exercised through a net-like organization. (Foucault 98). This suggests that to a degree, we are all caught up in its circulation - the oppressors and the oppressed and likewise, the people of the supposedly “lower class”, the youth, the rebels and the working class people of American culture too exercised their power by defying and challenging the laws through their protest whilst embracing and promoting the protest songs of Dylan that highlighted certain flaws and injustices of those traditionally assumed to be in power. Bob Dylan joined the social movements and created a stir in the society and triggered the countercultural forces through his songs. Another well-known song “The Times They Are-A Changin’” is a proof that Dylan became a voice of a generation during the 1960s when the American youth was going through a cultural rebellion. According to him, this was “definitely a song with a purpose. I knew exactly what I wanted to say and for whom I wanted to say it to.” (Dylan 75) He calls out to the older generation, to mothers and fathers of the society; “And don’t criticize what you can’t understand, Your sons and your daughters are beyond your command. . .” (Bob Dylan: Lyrics. 1962-1985, 27). The lyrics of the song as such describes the generation gap and why the youths were rebelling against the mainstream society. It represents the cry for freedom and Dylan pleads that this younger generation may be given freedom and the opportunity to express themselves and to be accepted for the individuals that they are. “Protest songs are difficult to write without making them come off as preachy and one-dimensional,” Dylan wrote in Chronicles. “You have to show people a side of themselves that they don’t know is there.” (Dylan 87) To do this, at that time in American history, “was to blow a hole in a dam and hope that you didn’t drown in the torrent.” (Lynskey 55) Thus, it was a given that writing and singing such songs would create a stir within the whole society, and that was exactly what the songs of Dylan did. Despite Dylan’s argument that he never really meant to protest through his songs, his lyrics nonetheless proved powerful in creating a distinct popular culture. The class he belonged to, through his music and through the people who embraced it, becomes hegemonic to the extent that it articulated different visions of the world in such a way that their potential antagonism is neutralized. His music signalled the expression of the message of his social and political convictions to an enormous audience, not only in America but worldwide. Undoubtedly, for many of his audience, his music had the effect of enlightenment, awareness and understanding and perhaps, even submission and conversion to, and coming together and bonding for those already convinced of the need to make a change by protesting and defying the injustices. Also, his music made and continues to make profits for the music industry, thereby contributing to a particular economy which is ultimately of financial benefit to the dominant culture. Most of all, his protest songs prove to be a force for change that paradoxically stabilizes to a degree, the very forces of power that it seeks to challenge and overthrow. Dylan laid the foundation for the activists, mostly college students and the youth who fought against the destruction of the system and it may be rightly said that no other artist was able to create the kind of revolution that he did, and he definitely had the greatest impact on that generation. His songs may not have been powerful enough to create a physical revolution nor do they end in one. However, they did start an awareness for the need of a change, a much needed aspect in the creation of any revolution. Chapter III Power and its Exercise This chapter will analyse how the working class of a society who embraced the popular culture through protest music defied the traditional elite class, thereby exercising power. It will study the situation of the time, the status and condition of the working class population and how protest music contributed to their protests against those in power, and how this in turn, made them participants in the power structure of the society. For this, Foucault’s concept of power and knowledge and the dissemination of power based on certain Marxist class structures within the society will also be reflected upon. When looking at the history of protest music and the emergence of its popularity as well as its role in society, wars and other issues that cause discontent among the masses, leading to the creation of certain antagonists who transformed their empathy, anger and emotions into song and music, may be considered as the main attribute. This is particularly true in the case of Bob Dylan and his protest songs. Dylan and his music entered America at the time when the country was “convulsed by the battle for civil rights and the palpable threat of nuclear war”. It was the period when “young Americans, losing faith in the wisdom of their elders, hungered for someone who could voice their inchoate discontent” and “1963 America saw the birth of a myth that will never be quashed - that of Dylan the protest-singing prophet.” (Lynskey 52). Between the years 1962 and 1963, with the release of his first two albums, Dylan became one of the most prominent figures among the protest musicians and the protest scene. It was during this period that most of his famous political and protest songs or songs concerning the various protests and issues of the time and songs that fixed him in the popular imagination were written. In his autobiography Chronicles: Volume One, Dylan recalls and shudders at the labels thrown at him; “Prophet, Messiah, Saviour...” (28) and admits to how he was troubled by people recognising him as somebody who could represent them and somebody who could be their voice. “People are recognising me, they’re stopping me on the street and asking me what I meant in Blowin’ in the Wind, and what’s the true meaning in my other songs. They’re drivin’ me flaky. Gotta get outta here.” (42). However, there was no getting out. People began to seek and look for answers in him and his songs. “Protest music was one thing before Bob Dylan came upon it, and quite another thing afterwards.” (Lynskey 54). To study the situation of the period and the condition of the people, the difference in the power paradigm within the society - between the working class and those in power, Foucault’s theory of the power structure in the society may be examined. The 1960s, the period that saw tremendous growth in inventions, music, television and entertainment and art of all forms, was also convulsed by deaths due to racism and wars and assassination of political leaders, threats of more wars and nuclear attacks proposed by some of the leaders, who embody and exercise the ultimate power in the society. As a result of these actions, the masses who embody the lower group, those who were traditionally not expected to embody power and often labeled as the working class of the society were affected the most. This caused distinction between the two, leading the former to manipulate their control over the people and the latter to resist and oppose. In such an environment, power becomes an important factor and traditionally located within the state or the government and this study will attempt to reveal how this power fluctuates. Power, its presence and manipulation of it is foremost embodied by the government. The control may be through the recruitment of soldiers to fight in the war and this recruitment is not always through one’s consent. In such a scenario, it may be said that the control is extreme and may be examined and compared in relation to what Foucault had said in his book Discipline and Punish, “The carceral texture of society assures both the real capture of the body and its perpetual observation.” (Foucault 1995: 29). Here in Foucault’s book, we see an example of a city whose viability has been challenged by a natural disaster, a plague, and this situation which could potentially result in chaos and disorder, offers agency for the government to assume total power and control of its populous, while at the same time, acting or disguising itself as a protector. America, the government and its political leaders, who are to work for the betterment and protection of the citizens, fell short of what was expected of them since under their rule and leadership, the people felt unsafe, insecure and threatened. The external capture and control is carried out in the form of the recruitment of citizens to go into wars where their safety and well-being is not guaranteed, while the internal capture depends upon the observation of the citizens by the government wherein they are not free and are traumatized by fear and the effects of the wars. Foucault has also introduced what he terms as “technologies of punishment” and within these technologies, there are two representations of punishment—Monarchical Punishment which refers to the public and torturous punishments that was present during the Eighteenth century, in which the “dysfunction of power was related to a central excess...which identified the right to punish with the personal power of the sovereign.” (Foucault 1995: 80) The other is Disciplinary Punishment which refers to the punishment or incarceration of offenders and is “isomorphic with obligation itself.” (180) To link these concepts with contemporary society, Foucault borrows an adaptation of Jeremy Bantham’s concept of the Panapticon to demonstrate the impact that surveillance and constant control and observation has not only on individuals in institutions like prison, but also on society as a whole. The Panapticon is an annular building with various cells, with a tower in its centre from which every cell where a prisoner is kept can be seen, but the prisoner cannot identify from where he is being monitored. The Panapticon denotes the idea that “Visibility is a trap.” (200) Each prisoner is seen but he cannot see or communicate with the warders or with the other prisoners, and hence “he is the object of information, never a subject in communication.” and this “invisibility is a guarantee of order” (200) which implies the functioning of power from a higher authority, ensuring that “...power should be visible and unverifiable.” (201) Very similar to this, the U.S government exercised their control upon the people in which the people are made aware that they are under its control, yet they are left powerless to the point that they do not have the voice to speak up for their own rights, wants and opinions against the societal injustices like wars and unfair treatments like racial discrimination and white supremacy. In such an environment, the power structure of the society comes into question. The power structure within a society has also been examined by Foucault. If the Panapticon is taken as an example again, it can be suggested that Foucault has outlined the imperative modalities for the individuals to become imprisoned not just physically but also internally, and monitored by their own sense of imprisonment and control. He describes four practices which include the establishment of a power heirarchy, segregation, training and military surveillance. These practices can be examined in relation to the contemporary U.S society by looking into the governmental workings of the country. Although the contemporary society has done away with sovereignty in terms of kingship and rulers, an invisible line is still drawn between the people - between the working class and the government officials, between the proletariats and the capitalists. This can be seen as a form of class heirarchy. The segregation that Foucault has talked about is also evident in this class structure. Thirdly, the practice of training is also an integral part of the state’s governance in the form of the recruitment of citizens for soldiers to fight in the wars. Such a practice can be analysed under what Foucault has stated, “...the great confinement on the one hand, the correct training on the other.” (223) The fourth practice that Foucault has pointed out which is of the military surveillance is seen wherein the citizens are under the observation of the government or where there is unfair treatment, in which black people were unfairly treated and even killed, and where the killers were protected by the law. In such a situation, the black man is subjected to a constant fear and is void of equality and personal freedom, which can be related to Foucault’s statement, “Each individual is fixed in his place. And if he moves, he does so at the risk of his life, contagion or punishment.” (195) Thus, there is loss of individuality and loss of freedom for expression due to the control by such a power structure. This results in the loss of any agency which leads to the loss of the ability or willingness to fight against those in power, just as Foucault has stated, “He who is subjected to a field of visibility and who knows it, assumes responsibility for the constraints of power. . .becomes the principle of his own subjection.” (207) This statement proves significant in the way the citizens assumed power to be in the hands of the government and thereby, are incapable of fighting against it. For a time, before movements and protests sprung up, it can be said that the people’s sense of self and power had been diminished to the extent that they had become complicit in their subjugation. Foucault has also given a form of discipline that was introduced and prevalent during the Seventeenth and Eighteenth century in Europe to show how a body can be “docile” in order to fulfill the controlling power’s motive, order or regulation. According to this idea, “The classical age discovered the body as object and target of power. It is easy enough to find signs of the attention then paid to the body- to the body that is manipulated, shaped, trained, which obeys, responds, becomes skilful and increases its forces.” (136) For him, this method is different from slavery which was “based on a relation of appropriation of bodies”, instead, here, there is a “scale of control...working it ‘retail’, individually, of exercising upon it a subtle coercion”. There is also the “object of control: it was not or was no longer the signifying elements of behaviour or the language of the body, but the economy, the efficiency of movements, their internal organization.” There is also the “modality” which is “an uninterrupted, constant coercion...exercised according to a codification.” (137) In this docility-utility, the “disciples became general formulas of domination.” This disciple does not merely produce “subjected and practised bodies, ‘docile’ bodies” but also “dissociates power from the body” and becomes an “‘aptitude’, a ‘capacity’. ” (137-138) This means that the energy produced by the body is disciplined, developed and controlled and reversed. It becomes a power of subjection and with Foucault’s concept, the docile body is made to be more intelligible and useful. Similar to this, the government often educate or manipulate the people to reverse their view and positions. By recruiting them as soldiers to fight in wars without their consent, they teach the citizens to recognise their bodies as the property of the nation, a one unison body that is no longer a liberated body but a restrained body. In this way, the control that the government or the authority has over the body of the citizens embodies Foucault’s theory of disciplinary power and the docile body. The recruitment of young men in the army is significant because it is their young age and often, lack of experience and knowledge that makes them more docile. The government is manipulative because it lures these soldiers into the war with the promise of a good name and medals, employing a seemingly metaphor of a “hero”, which is a subtle and manipulative form of control and coercion. This is clearly reflected in Bob Dylan’s protest songs like “Masters of War” (1963) that reveal the government’s corrupt practices and involvement in the wars. Their control over the soldiers, the “docile bodies” is evident and according to Dylan, they “build the death planes. . . lie and deceive fasten the triggers for the others to fire. . . then sat back and watch when the death count gets higher.” (Bob Dylan: Lyrics 1962- 1985, 81) The government subtly manipulates and exercise a form of control and coercion to these “docile” bodies into entering the wars. This is also evident in Dylan’s song “John Brown” (1962) where John Brown went off to war and his mother, another “docile body” is being controlled by the government into believing his son is a hero in his uniform and will be a hero when he returns with his medals. However, she could not even recognize him when he returns because of the physical and mental damage that the war has caused him. (69) Marxism, a scientific theory of human societies propounded by Karl Marx and later on, till date, shaped by the Marxists, has a significant role in the transformation of human societies. Marxist Criticism is part of a larger body of theoretical analysis that aims to understand ideologies like the ideas and values by which man experience the society, and Marxist Literature attempts to highlight this through the class structures and economic differences within a society. In the Marxist theory, the concept of class places greater burdens on its theoretical foundations and Marxists argue that class or the economic base was at the center of a general theory of history, which they often refer to as “historical materialism”. This was initially stated in The German Ideology by Marx and Engels themselves who claim, “The production of ideas, concepts and consciousness is first of all directly interwoven with the material intercourse of man, the language of real life”. (Eagleton, 4). Hence, this materialism brings into light the concept of “class struggle” and the difference between the capitalists and the proletariats. This struggle that exists in a society, between men and how the capitalist class owns the means of production, buying the labour-power of the proletarian class for profit is highlighted and focused upon by the Marxist theory. Upon a Marxist study of certain societies, this notion of class struggle and differences can be seen pertaining to the workings of certain social structures. This study situates the power structure between the working class of the population who embrace and signify popular culture and that of the class traditionally assumed to have power, the class in the form of the government, the politicians. In this case, if the working class people are the proletariats, the government is the capitalist. A defining and recurring factor in the American society is the American Dream which is a national ethos of attaining certain ideals like liberty, democracy, rights, opportunity and success through hardwork. Often, this American Dream has become a pursuit of material prosperity and perhaps, has proved to be beyond the grasp of the working class. It can also be regarded as the pursuit of a simple, fulfilling life with less focus on material and financial acquisition. Either way, it suggests a better living. This American Dream has proved most significant and contentious in the area of class within a society. According to Lawrence Samuel in his book The American Dream: A Cultural History, “Part and parcel of the framework of class is the notion of upward mobility, the idea that one can, through hardwork. . .climb the ladder of success and reach a higher social and economic position. For many in both the working class and the middle class, upward mobility has served as the heart and soul of the American Dream.” (7) However this dream has often proved futile and this “upward mobility” has become “even a greater myth than the Dream itself.”, causing to create a wider gap between the classes. The manipulation of it can also be seen in which “the government has employed it as a tool of propaganda. . .a powerful ideological weapon of persuasion.” (7) In such a scenario, the dream ironically becomes a nightmare for the people. During the time of the Great Depression and the war years, this dream seemed to be the only hope for the people in despair, the hope to retain economic, social and individual being. At the same time, due to unfair workings of the society and the government, this dream was more than often diminished. This result is in opposition with what the dream has initially been regarded to be. Lawrence Samuel quotes James Truslow Adams, who in his 1931 book The Epic of America, defined his idea of the American Dream: “The dream is a vision of a better, deeper, richer life for every individual, regardless of the position in society which he or she may occupy by the accident of birth. It has been a dream of a chance to rise in the economic scale, but quite as much, or more than that, of a chance to develop our capabilities to the full, unhampered by unjust restrictions of caste or culture. With this has gone the hope of bettering the physical conditions of living, of lessening the toil and anxieties of daily life.” (13) This idea is the true essence of the dream. However, Adams argued that this concept has lost its notion and purpose and “its guiding philosophy forgotten in the wild pursuit of money. . . ‘The dream of a richer, better, fuller human life for all citizens instead of for a small class had been turned by our leaders and ourselves.’ ” (13-14) This proves that the ideals and morals of the dream had been hampered, and instead of providing equal opportunities, had often resulted in the creation of a wider gap between the rich and the poor, the privileged and the non-privileged, the powerful and the powerless. This failure in the idea of the dream can be linked with Marxist idea of class struggle, wherein the rich became richer and the poor became poorer. America, from the 1920s to the Great Depression of 1929 till date, has experienced a great economical and social change, resulting in certain class struggles that shaped their lives. This can be analyzed under the light of Marxism as seen in The Preface to A Contribution to the Critique of Political Economy (1859), which claims that, “In the social production of their life, men enter into a definite relations that are indispensable and independent of their will. . . The mode of production of material life conditions the social, political and intellectual life process in general. It is not the consciousness of men that determines their being but on the contrary, their social being that determines their consciousness.” (Eagleton, 4). As such, the people are affected by their economy and the changes which in turn, affected their consciousness. and their social being, their position as well as their relationships with others within the society. This is evident in the American society during the 1960s, on which this study is particularly situated. Bob Dylan, with his ability to put into writing his surroundings, clearly captured the prevailing situation of the time in his songs. He highlights the conflicts of the time and questions when the people would finally have freedom in his song “Blowin’ in the Wind”, asking, “How many years can some people exist before they’re allowed to be free?” and questions how long the authority would neglect the plight of the people, “How many times must a man turn his head, pretending he just doesn’t see?” (Bob Dylan: Lyrics 1962-1985, 77) He also pinpoints the people responsible for the wars and deaths due to racial discrimination, calling them “masters of war”. (81-82) The 1960s or the Swinging Sixties, particularly in America goes hand in hand with what is known as counterculture. World War II had ended, the country was relatively prospering, yet it saw the rise of protesters and movements against the prevailing politics and governance of the country. The decade witnessed the assassination of John F. Kennedy, the Vietnam War was still going on and there were threats of a nuclear war and the assassination of Martin Luther King Jr. At the same time, there was huge growth in inventions, economy, technology and art of all forms including the first man landing on the moon. The United States, home to the Statue of Liberty, (Liberty Enlightening the World) that depicts its independence, is an icon for freedom and opportunities and a landmark for many immigrants. Significantly, it is home to many racial groups, ethnicities, cultures and religion, and for its citizens and the world, it represents freedom, opportunities and hope. “The U.S government was democratic and designed to protect the people’s right to life, liberty, and the pursuit of happiness.” (“Home Front Turmoil: The 1960s.”) However, the governance within the country often contradicts with this theory. For instance, the people lost their beliefs in this idea of freedom due to the ongoing Vietnam War and threats of nuclear war with the Soviets. The principles of equality and opportunity was also not entirely guaranteed since blacks were not entirely equally treated. Protesters of wars and riots over inequalities that black people faced broke out all over the country. The country’s principles of democracy and its commitment to equality, justice and freedom was highly in question due to these happenings and it appeared as though the U.S system had failed miserably. Dylan brought to light these problems in his protest songs. The failure of the establishment to protect its citizens and instead, its tendency to discriminate and manipulate is seen in songs like “The Death of Emmet Till” where white supremacy is highlighted through the murder of a young black boy and where the white murderers are found not guilty. In this internal conflict, it is the powerless against the powerful, the working class against the upper class, the youth against the older generation and the concept of power struggle within a society is put into perspective. Michel Foucault has notably indicated that “Where there is power, there is resistance.” (1990: 95) For him, “These points of resistance are present everywhere in the power network. . resistances that are possible, necessary, improbable. . by definition, they can only exist in the strategic field of power relations.” (95-96) Therefore, power, in any form, affirms the existence of resistance and vice versa. The first form of power, in this context is power exercised by the government, in the form of its leaders and politicians, and to signify or exemplify Foucault’s statement, this power is resisted by the people. The Americans, traumatized by war and social injustices, grew weary of the country’s governance. The world was growing in technology and for the first time, the Vietnam War was broadcasted on television, and the public was easily informed of the tragedies of the war. The U.S government, in order to increase its troop in the war, recruited all eighteen-year-old citizens who were not in school or college to enter the military. Hence, many had to enter the war with no consent on their part and this upset the public tremendously. At the same time, racism was a prevailing issue in the society. The people, the youth especially, started to demonstrate their anger and frustration towards the government through protests. Demands for peace and equal opportunities were their main propaganda. The happenings in America was contradictory to the country’s ideals, and its devotion to democracy and justice was thus put into question since it was evident that racism and violence were still condoned. Hence, the prevailing power was resisted, challenged and attacked by the people. The “lower’ class group of the society now becomes a participant in the power structure. This signifies the stance that “No longer is power considered a unitary, constant force that emanates a particular social class or institution; rather, it is seen as a complicated, more tenuous fabric of hegemonic forms.” (Constable 12) The power, conventionally believed to exist autonomously in the hands of the government now becomes fractured by certain acts of resistance, making the two “coexist and constantly reassert themselves against each other.” (13) In this context, the resistance that is being put up through protests and social upheavals gave way, and at the same time, is thoroughly supported and given an agency by the countercultural movement of the time. Usually understood as a culture created outside the mainstream culture, it is a product of what Theodore Roszak termed as the “technocracy’s children”, “...the creation either of youth who are profoundly, even fanatically, alienated from the parental generation, or of those who address themselves to the young.” (Roszak 1) The existing culture or domination is challenged by this counterculture, usually embraced by the youth, and Roszak also raises the question as to why it has to be them; “Why should it be the young who rise most noticeably in protest against the expansion of the technocracies?” (22) To this, he claims that there is no right answer but “the young stand forth so prominently because they act against a background of nearly pathological passivity on the part of the older generation.” (22) It is thus the youth who protest, who challenge the existing authority and move outside the mainstream culture to create a counterculture because of their dissent with what has been practiced and followed by their parents and the older generation. Dylan’s music and lyrics proved useful for the younger generation who wanted to move away from the older generation’s ideals and beliefs since they no longer proved efficient to the requirements of the time. Counter-cultural movements have been evident in certain parts of the world. However, one of the earliest and the most prominent may be the 1960s counterculture movement of the United States, triggered by the Civil Rights movement, protests against the Vietnam War, threats of nuclear wars and the overall demand for human rights, equality and peace. Since the movement, as pointed out, is created by the younger generation, it often started in college campuses by students and even outside the campuses, was joined by young rebellious people. Since this counterculture is intricately linked with youth culture, the lifestyle, norms, habits and beliefs adopted by the youth play a significant role in its creation. One of the major elements adopted by the youth culture is music and it also became an important feature of the counterculture movement. Music and lyrics became a weapon for protests and the musicians’ role in it is thus extremely significant, and Bob Dylan’s role is perhaps one of the most important in this context. According to Peter Doggett in his book There’s a Riot Going On (2007), “No one signified the ambiguous relationship between music and revolution more accurately than Bob Dylan.” and regarded him as “a beacon of radicalism by the counter-culture.” (6) His songs signify what the youth wanted to say, challenges the government with the bitter truth, contributed to the counter-culture of the time, moving away from the existing mainstream culture and became an instrument in the medium to defy and challenge who and what was traditionally believed to be in power. The “docile bodies”, by the creation of this counter-culture and embracing it and using it as a weapon to defend themselves now actively and consciously resist domination and are no longer completely docile. Even if they have not completely become equal players in the field of power, by resisting it and acting upon it, have become active participants and often, power is maintained by them in the power structure within the society. This chapter will analyse the literary quality of Dylan’s protest songs and will attempt to dissect the ambiguity in his lyrics. In doing so, it will attempt to reveal Dylan’s own narratives on the protest. Protest songs, by definition, would simply suggest songs with texts that consist of protests against wars, racial discrimination and other injustices of society. The lyrics are often a cry for help, a plea to the concerned, an awareness for the public and a voice for the subjects. Bob Dylan’s protest songs address a variety of such issues, making him a writer of a song considered to be an anthem of the Civil War, wherein, he emerged as one of the most important figures in pop-culture history. Historically, the tradition of protest songs, particularly in the U.S., dates back to the Eighteenth century and the Colonial period, the American Revolutionary war and its aftermath. Protest songs, being part of popular music and popular culture, have become an important instrument in bringing a change within a particular culture. Protest songs, in a way have emerged as a genre that is capable of bringing a change within a particular country, and Bob Dylan’s protest songs, with the issues raised in it, have captured the voice of a generation. Lyrical ballads, poetry or songs have been used to express the full spectrum of human emotions, thoughts, feelings and concerns. As much as a love song lyricist or a romantic poet expresses love and romance and beauty into a song or a poem, the protest song lyricist expresses discontent and anger and proclaims social needs in the protest songs. Bob Dylan’s protest songs are angry, vivid and are a cry for redemption. Some of the songs depict actual incidents and occurrences while some are ambiguous as to what the main content is. At the same time, they all address the need for a better, more peaceful living, hoping for a change while attempting to contribute a solution to the problems faced. To comprehend Dylan’s lyrics and interpret them to show his own narratives, the discourses of popular music will have to be considered. There may be certain discourses that determine the way we interpret popular music and they may contribute to how we assess what is good or bad, what is significant and what is trivial. As such, the essence of any song or a musical piece is not so much in themselves but in the discourses attributed to them. These discourses may be varied and subjected to the listener. However, according to David Machin in his book Analysing Popular Music: Image, Sound and Text (2010), authenticity is one of the underlying discourses. “The discourse of authenticity is at the heart of the way we think about music and can be seen signified in the different semiotic modes through which artists communicate, through their sound, looks, lyrics and what they say in interviews.” (Machin 14). He takes blues music as an example of an authentic genre because it “is viewed as an authentic expression of an oppressed race—music from the heart—in contrast to the formality of the classical tradition of concert music from Europe, it is considered to be the archetype of music that genuinely expresses true emotion and feeling.” (Machin 14) Taking this into consideration, folk music, the genre that Bob Dylan is known for, may be examined for its authenticity. Folk music is “music that originates in traditional popular culture or that is written in such a style. Folk music is typically of unknown authorship and is transmitted orally from generation to generation.” (Merriam Webster) Having no distinct owners or particular composers, this traditional folk music suggests history of any particular group of people, whose story, feelings and emotions have been captured and put into song, passed down from generation to generation, either written down or by word of mouth. Hence, in this case, its authenticity lies in the fact that it tells the factual happenings, sentiments and stories of the people. Bob Dylan’s music on the other hand, belongs to the more recent form of folk music, folk music of the twentieth century, a new form of folk music that evolved from the traditional folk music and “its definition came to be based on a new set of criteria revolving around the taint of the commercial, of politics, and of class.” (Gelbart 256) It is significant that Bob Dylan protested in his lyrics under the genre of folk music and authenticates it since “authenticity is about conviction and expression of emotion.” (Machin 18) In his folk protest songs, Dylan writes with conviction and expresses his sincere feelings and emotions about the time, what he feels is wrong and what must be done. Dylan’s appearance on the scene is also very relevant because for a time, before him, folk music had seen a subtle decline in the United States as well as in other parts of the world. Along with a few other folk musicians, Dylan entered the scene at the time when the genre was revived, reaching its zenith in the 1960s. To analyse the literary quality and authenticity of Dylan’s protest songs, another discourse about the meaning of music may be studied. This discourse is how music “relates to our body and mind and how we can use music to express ourselves.” (Machin 18) One way of understanding this is how an audience or a listener responds to a certain type of music. Classical music or operas may require full contemplation and silence while in rock concerts, the audience may be loud and aggressive. This suggests that there is no doubt certain ways in which the body relates and reacts to a certain type of music and that there is a difference between listening with the mind and listening with the body. This difference has “its origin in the Romantic dichotomy between nature and culture and their corresponding associations with feeling and reason. Feelings were therefore associated with the body as opposed to the intellect.” (Machin 19) Bob Dylan’s music, since it is part of popular music, embraced by popular culture, and specially with its honest content, has the quality to challenge the authority. It is music of the body, it is angry, honest and passionate, with the literary quality that need not to be contemplated and analysed by its audience, but to be embraced, agreed upon and followed and it is this association with the body and the natural and not of the mind and culture that has allowed popular music to come to be seen as a way of casting off bourgeois inhibitions. (Frith 124) It acts as a way of challenging the traditionally superior and social conventions and Dylan’s songs manage to convey the message of frustration, discontent of the masses because it is music of the body that needs no further explanation. “The distinction between the body, instinct and feeling as opposed to the mind, intellect and reason sets up the idea that music of the body is free from restriction of the intellect and of high culture. So artists, simply through using certain sounds and visual references that connote this discourse, can indicate that they are of the body, the low brow and not of the bourgeoisie repressed social condition.” (Machin 19). Another discourse suggested by Machin that may be looked at when studying music is its association with “subcultures”. Subculture may be explained as the culture that deviates itself from a larger culture, with particular interests, opinions and beliefs. The people following and embracing a particular subculture may adopt a certain kind of style, habits, language and overall way of living. Each music genre is capable of creating its own subculture, depending upon the situation of its time. For instance, punk music creates its own subculture where its followers may don bright dyed hair with spikes and wear torn clothes to show their rebellion as explained by Dick Hebdige in his book Subculture: The Meaning of Style (1970), “The unlikely alliance of diverse and superficially incompatible musical traditions, mysteriously accomplished under punk, found ramifications in an equally eclectic clothing styles which reproduces the same kind of cacophony on a visual level.” (26) Such a subculture created by punk music combined such elements to communicate a particular way of life. With their loud music, loud clothing, how they spoke and their choice of behaviour, they showed their disillusionment and were able to challenge and speak against the mainstream culture. In the same way, country music may require cowboy hats and boots to highlight their roots and way of living. Bob Dylan’s music was at its peak during the 1960s, at the time when folk music was revived. This was the period when America was agitated by the civil war and the threat of a possible nuclear war. The young Americans, starting to lose faith in the government and their elders who were supposed to pave the way for their betterment, hungered for someone or something that could voice their concern and discontent. They wanted peace and brotherhood. They needed a medium through which they could channel their opinions and music was just the right tool for it. Bob Dylan’s protest songs did not just capture the wrongdoings of those in power but also beautifully express the feelings and desires of the people. This enabled them to peacefully express themselves and for once, their voice was heard. Thus, through Dylan’s music, his followers began to form a subculture that had a coherent view and criticism of the government and the society and they were able to show their discontent through the directness and honesty of Dylan’s lyrics. Bob Dylan’s lyrics are either very straightforward or very ambiguous and their interpretations can be varied. In Chronicles: Volume One (2004), Dylan recalls how he was often stopped on the streets by people who wanted to know the true meaning of his songs. One of his most well known songs, a song Dylan sang at the March on Washington for Jobs and Freedom on August 28, 1963, where Martin Luther King Jr. gave his famous speech is “Blowin’ in the Wind” from the album The Freewheelin’ Bob Dylan (1963). The song even came to be known as an anthem of the civil rights movement and is still celebrated worldwide. The song consists of rhetorical questions where Dylan does not provide a solid solution nor does he address it to anyone in particular. It does not talk about any war or injustices in detail but simply questions: “How many roads must a man walk down Before you call him a man? Yes, ‘n’ how many seas must a white dove sail Before she sleeps in the sand? Yes, ‘n’ how many times must the cannon balls fly Before they’re forever banned? The answer, my friend, is blowin’ in the wind, The answer is blowin’ in the wind.” (Bob Dylan : Lyrics. 1962- 1985, 77) This song is one of the most ambiguous among all Dylan’s songs because unlike his other songs where he directly refers to the government or where he mentions the names of the victims of injustice, it refers to nobody in particular but at the same time, can be seen as a song meant for all. He seems to be questioning how many battles and hardships, internally or externally a man has to go through in order for him to be deemed worthy, to be called a “man”, and also how many violence and wars will we encounter before we can finally have peace. Even though this song does not literally highlight actual happenings, Dylan manages to bring across the problems faced by the country at the time in this song. He continues to question: “How many years can a mountain exist Before it’s washed to the sea? Yes, ‘n’ how many years can some people exist Before they’re allowed to be free? Yes, ‘n’ how many times can a man turn his head, Pretending he just doesn’t see? The answer, my friend, is blowin’ in the wind, The answer is blowin’ in the wind.” (77) Dylan’s genuine concern about the country is evident in these lines where he questions how long it would take for the people to be truly free from the shackles that bind their freedom and wonders how long the authority would turn a blind eye to the people in despair. It expresses the hardships faced by the minorities, or particularly the blacks. The refrain of the song where he keeps on repeating that the answer to all these questions is blowing in the wind may suggest that Dylan himself is not sure whether a solution would arrive soon but at the same time, he also provides hope for the people in need, by reminding them that the answer to their problems is somewhere to be found and that it will be found. “Blowin’ in the Wind” indeed captured the essence of the time and served as a tool to protest by delivering a message to its audience. The song may not have been powerful enough to start a physical revolution but it had the “potential to comment on society, politics and prejudice... ‘protest’ and perhaps play some part in the struggle to bring about a better world” (Negus 99). It remains as one of the most covered songs of Bob Dylan and the ambiguity of this song proves significant because more than fifty years after its release, it is still relevant to the happenings of the country, where equality or human rights is still often sought for, and the answer to whether such basic social equalities will be found or not is blowing in the wind. “Masters of War” from the same album is a more vivid song where the masses’ anger and concern over the Vietnam war is portrayed. “The U.S Army’s role in Vietnam was to establish a safe environment within which the people of South Vietnam could establish a government that was independent, stable and freely elected. . .” (Rottman 6). The U.S government’s explanation and stance seemed beneficial for all parties, yet as the war continued, more lives were lost and the people felt unsafe and betrayed. As more troops were sent to Vietnam, more blood was shed and the people began to question the U.S’s motives and involvement and started to express their concern openly. Protests were held by young college students and when the song was released, it served as an important instrument for these protests since the lyrics captured the stance of the angry protesters. In the song, Bob Dylan openly blames and attacks the men in power, the politicians and calls them evil for making profit off of the war while they send the young men of the country off to the war only to die. He bravely calls them out, claiming that he can see through the mask that they put up and blaming them as the creators of the war: “Come you masters of war You that build all the guns You that build the death planes You that build the big bombs You that hide behind walls You that hide behind desks I just want you to know I can see through your masks.” (Bob Dylan: Lyrics. 1962-1985, 81) Bob Dylan condemns the “masters of war” and claims that they “build to destroy”, highlighting their cowardice when trouble lurks: “You put a gun in my hand And you hide from my eyes And you turn and run farther When the fast bullets fly... When the death count gets higher You hide in your mansion...” (81) The extremeties of the damage caused by these “masters of war” is clearly depicted by Dylan who shows that their wrongdoings are so deeply rooted to the extent that he even fears for the future generation: “You’ve thrown the worst fear... Fear to bring children Into the world...” (82) The song resonated with the young protesters of the time because Dylan places himself as the youngling subjugated by the elder. He is aware of his youth but is adamant to not let them take his naivety for granted and bravely proclaims: “You might say that I’m young You might say I’m unlearned But there’s one thing I know Though I’m younger than you Even Jesus would never Forgive what you do.” (82) This bold, aggressive voice was exactly what the young, rebellious protesters needed. Dylan’s choice of language in this song is loud, angry and straightforward. It bravely cursed the wrongdoers and rightly captured the angst of the youth and in it, they found an outlet for their disillusionments and frustrations: “And I hope that you die And your death’ll come soon I will follow your casket In the pale afternoon And I’ll watch while you’re lowered Down to your deathbed And I’ll stand o’er your grave Til I’m sure that you’re dead.” (82- 83) It has often been said that Dylan wrote his song “A Hard Rains A-Gonna Fall” (1962) in response to the Cuban Missile Crisis. In the introductory note to Dylan’s 1963 album, writer Nat Hentoff quotes Dylan as saying that this song “is a desperate kind of song. . .it was written during the Cuban Missile Crisis of October 1962 when those who allowed themselves to think of the impossible results of the Kennedy-Khrushcev confrontation were chilled by the imminence of oblivion. . .Every line in it is actually the start of a whole song. But when I wrote it, I thought I wouldn’t have enough time alive to write all these songs so I put all I could into this one.” (Bob Dylan: Lyrics 1962-1985, 62). The “hard rain” in this song has often been interpreted literally as the “atomic rain” perpetuated by the missiles but it can be seen that it is not just about the nuclear war but how the people have been manipulated and deceived, and Dylan also explains that this “hard rain” that he says is going to fall in his song is actually “the lies that are told on the radio and in the newspapers, trying to take people’s brains away, all the lies I consider poison.” (Dylan 65). The song, although it has themes related to war and destruction, is nonetheless beautiful and poetic in terms of Dylan’s choice of language and diction. Like many of his other songs, he starts each line with a question, addressing his “blue-eyed son”, his “darling young one” and this can be regarded as his attempt to speak to every American. He asks: “Oh where have you been, my blue-eyed son?... Oh, what did you see?... And what did you hear?... Who did you meet?... Oh, what’ll you do now, my darling young one?” (Bob Dylan: Lyrics. 1962-1985, 86-87) Bob Dylan is aware of the impending doom and the song encompasses a wider message of injustices done to the people by the government by keeping them in the dark and feeding them false information through the media that they control, and concludes that he knows a “hard rain” is going to fall like “the pellests of poison that are flooding their waters.” (87) The song was released at the time when the Americans knew that there was something wrong and the song proved as a medium to voice their concern. Many spoke up about the relevance of the song and highly praised it for its honesty and its ability to say what was needed to be said. In the documentary based on Bob Dylan, No Direction Home (2005) directed by Martin Scorsese, the poet Allen Ginsberg talks about his reaction upon hearing the song, saying, “...And I heard “Hard Rain”, I think. And wept. ‘Cause it seemed that the torch had been passed to another generation. From earlier bohemian, or Beat illumination. And self-empowerment.” (Ginsberg. No Direction Home.) In 1964, Bob Dylan released his album The Times They Are A-Changin’ and although Dylan continues to claim that he never really meant to protest through his songs, his concern with the happenings in the society, humanity as well as with politics started to reveal itself. This album includes more songs directed towards the government, underlining its evils. Some of the songs are now even from straightforward, depicting incidents in their actuality. It includes songs like “Only a Pawn in Their Game”, a song about the murder of Medgar Evers, a Civil Rights activist. Dylan first sang this song in Greenwich, Mississippi at a Civil Rights battle. The “pawn” in this song is actually the white murderer and by positioning him as one of the victims, as the “pawn” in this murder, Dylan manages to show just how immoral and corrupted the system is. He describes the murder but claims that the murderer cannot be blamed for “He’s only a pawn in their game”, and is convinced that it is the politicians who manipulate the majority of the white men in thinking that they are better than the blacks. These politicians preach: “You got more than the blacks, don’t complain. You’re better than them, you been born with white skin...” (Bob Dylan also claims that the white man becomes a tool of those in power, like the deputy sheriffs, the marshals and the cops who are paid by the government. He shows how manipulative the government has been and how it has embedded in the minds of the people the white supremacy, teaching that the white man can do no wrong because it has the government to protect him: “He’s taught in his school From the start by the rule That the laws are with him To protect his white skin So he never thinks straight ‘Bout the shape that he’s in But it ain’t him to blame He’s only a pawn in their game.” (139) “With God on Our Side” is another precise, straightforward song that describes the implementation and consequences of wars. It addresses the inclination or tendency of any land or country, its citizens, any tribe, society or nation to be of the notion that God is on their side, regardless of their actions and motives, as opposed to anyone that they are in conflict with. Dylan opens the song with how he has been conditioned by the laws to believe that the land he was born in has God on its side, and he mentions several disastrous historical events. He seems to be conveying the message that even though evil acts are done upon people, the perpetrators always have the tendency to justify their acts with the belief that God is on their side, and that things are done in the name of God, things not condoned by God. He describes the massacre of the Native Americans in the Nineteenth century, the Spanish-American War, the Civil War and depicts the deaths. These wars were bloody and many lives were lost. It resulted in nothing good, yet the actions and consequences were rationalised with the belief that God was there. (Bob Dylan: Lyrics 1962-1985, 132). Dylan also clearly highlights the first and second World Wars in this song, describing his inability to comprehend the purpose of these wars and mentions how the effects did not really matter because they had God on their side: “The reason for fighting I never got straight But I learned to accept it Accept it with pride For you don’t count the dead When God’s on your side” (132) Dylan does not only situate God on their side but also shows the tendency of every nation to believe that they have God on their side, and how once there is peace, the destruction is neglected by both parties: “When the Second World War came to an end We forgave the Germans and we were friends Though they murdered six million In the ovens they fried The Germans now too After a detailed description of the many wars that America had encountered, Dylan looks for a conclusion and makes a biblical reference where he talks about how Jesus Christ was betrayed by Judas Iscariot. In Luke 22:48, Jesus is betrayed by Judas with a kiss. Judas is the enemy, the traitor and Dylan seems to be showing the complex nature of everyone’s belief that they have God siding with them by questioning whether Judas too had God on his side: “...Jesus Christ was betrayed by a kiss But I can’t think for you You’ll have to decide Whether Judas Iscariot had God on his side.” (133) God’s involvement and predestination becomes an issue and a complication for Dylan in this song. He ends the song admitting that he is confused and “weary as Hell”, and ironically leaves it to God to decide: “If God’s on our side He’ll stop the next war.” (133) As Dylan released more songs, it became clear that whether intentionally or unintentionally, he became a much needed voice in the ongoing protests. His songs did not only condemn the government and its workings but many also speak up for what needs to be done. “The Times They Are-A Changin’”(1964) is one such example, and according to Dylan, a song that “…seems to be what people want to hear.” (Heylin 126). The song has been influential for people’s views on the government, the society and their time, creating an awareness that change has to be made and that change is coming. In the song, Dylan calls upon the people to be aware of what is happening around them and to accept the reality that time and things have changed, and to do something about it: “Come gather ‘round people. . . If your time to you is worth savin’ Then you better start swimmin’ Or you’ll sink like a stone For the times they are a-changin’ ” (Bob Dylan : Lyrics 1962-1985, 127). Dylan speaks directly not only to the people but also confronts writers and critics, senators, congressmen and the older generation of the country. He motivates these writers and critics who have the power to voice their opinions and asks the politicians to pay attention to this calling: “Come writers and critics Who prophesize with your pen And keep your eyes wide open The chance won’t come again. . . Come senators, congressmen Please heed the call There’s a battle outside and it is ragin’ It’ll soon shake your windows And rattle your walls For the times they are a-changin’ ”. (127-128) This song also addresses the older generation of the country who are perhaps in oppose of the youth culture of the moment, who expressed their opinions and wants of a better, more peaceful world by embracing the “hippie” culture: “Come mothers and fathers Throughout the land And don’t criticize what you can’t understand Your sons and your daughters Are beyond your command Your old road is rapidly agin’. Please get out of the new one If you can’t lend your hand For the times they are a-changin’.” (128) This song indeed drew attention and some of the lines remain a frequently quoted line till date. Michael Gray, in The Bob Dylan Encyclopedia (2006) called it “the archetypal protest song” where the writer’s “aim was to ride upon the unvoiced sentiment of a mass public- to give that inchoate sentiment an anthem and give its clamour an outlet.” (662). The song very much became what Dylan had intended upon, an anthem for a change, and it may be said that he did not necessarily convince people of something new in this song as well as his other songs, but reinforced views and facts that were already there, but where action was not taken. How and why something is said is often as important as what is actually being said. With Dylan, this medium of songwriting or putting down what needed to be said in songs, becomes his message. “I don’t think when I write. I just react and put it down on paper. . .what comes out. . . is a call to action.” (Dylan 187), and significantly, what comes out of Dylan’s songs influenced the movement of the time as much as the movement influenced him and the songs. The singles “John Brown” and “The Death of Emmet Till”, both released in 1962 are songs where Dylan recounts the stories of the two protagonists, John Brown and Emmet Till. John Brown is a character painted by Dylan, where through his experiences in the war, the true nature of wars is shown and may be considered as an anti-war song. Emmet Till on the other hand, is an actual black fourteen-year-old boy who had been beaten and shot to death in Mississippi in 1955 for “whistling at a white woman” and it is considered by many that with this song, “Bob Dylan the protest singer was born.” (Lynskey 54) John Brown, in Dylan’s song is a young boy who is about to go off to war, and through his experiences, the deception of war and the effects that it has on a person is shown. The song recounts how proud his mother is of John as he is about to leave for war and brags about his son in his uniform and gun. His son leaves and during his time in the war, would often write to his mother and the mother would show and brag about him to the neighbours. However, when her son returns, she could hardly recognise him because of the destruction the war had caused: “Oh his face was all shot up and his hand was all blown off And he wore a metal brace around his waist.” (Bob Dylan : Lyrics 1962- 1985, 69) Through this imagery, Dylan succeeds in showing the real effects of war and how destructive it is to man. John Brown’s physical appearance had changed so much that it was difficult for his mother to recognise him, and even when she did, was unbearable for her to see. By making the protagonist describe his encounter with the war, Dylan is able to bring across the reality of it all and how deceptive it all is: “Don’t you remember Ma, when I went off to war You thought it was the best thing I could do? I was on the battleground, you were home… acting proud. You weren’t there standing in my shoes. Oh, and I thought when I was there, God, what am I doing here? I’m tryin’ to kill somebody or die tryin’. But the thing that scared me most was when my enemy came close And I saw that his face looked just like mine. Oh Lord, just like mine!” (70) John Brown, in the battlefield, when confronted with the enemy, came to the realisation that fear, destruction of his courage, emotions and keeping his life at stake were the price he had to pay for a good name, for glory. He also came to the conclusion that he is doing all these not because he is brave and willing, but because he has been deceived and manipulated and forced by those in power, and that he “was just a puppet in a play” controlled by those who can. (70) Bob Dylan’s then-girlfriend Suze Rotolo was undeniably very influential for Dylan’s involvement in the issues of the time and for his identity as a protest singer. Suze was involved in the Congress of Racial Equality (C.O.R.E), an organization involved in the Civil Rights movement. She requested Dylan to write some songs for the organization and the first song that he wrote was “The Death of Emmet Till”. In the song, Dylan vividly describes the murder of the fourteen-year-old black boy and highlights how unreasonable and inexcusable the reason for the murder was and intentionally says: “They said they had a reason, but I can’t remember what. They tortured him and did some things too evil to repeat.” (Bob Dylan: Lyrics 1962-1985, 29) Dylan, by highlighting this murder in this song, stresses upon the injustices done to black people, white supremacy and how the system suppresses them based on the colour of their skin. He believes that this murder was a mere enjoyment for the white people: “The reason that they killed him there, and I’m sure it ain’t no lie, Was just for the fun of killing him and watch him slowly die.” (29) This song created a huge stir and was loved by the protesting people because Dylan spoke up against the corrupt government, a government that was so biased and corrupted that it would not take action against the guilty who even confessed to their own crimes, because it was a system that protects the white people. The murderers of Emmet Till, even though they confessed and pleaded guilty, were found innocent by the jury and were set free. Dylan was disgusted at this unfair trial and how the government refuses to punish the guilty. The song greatly reflects Dylan’s anger and frustration and addresses not only the authority but the people as a whole, condemning them for keeping quiet when so much was needed to be said: “If you can’t speak out against this kind of thing, a crime that’s so unjust, Your eyes are filled with dead men’s dirt, your mind is filled with dust. Your arms and legs they must be in shackles and chains, and your blood it must refuse to flow, For you let this human race fall down so God-awful low!” (30) The song ends with Dylan pointing out and reminding people the existence of such an injustice and requests them to join him in fighting against it: “This song is just a reminder to remind your fellow man That this kind of thing still lives today in that ghost-robed Ku Klux Klan. But if all of us folks that thinks alike, if we gave all we could give, We could make this great land of ours a greater pace to live.” (30) The song proved to be a revelation of the bitter truth of the society and the hopeful message and encouragement that Dylan included was exactly what was needed by the people. It triggered the ongoing protests and his fans saw in him and his songs the power to defy the government, the authority or the “ruling class, and his songs proved as a medium of power, where power was manifested in the hands of the working-class people, a class embraced by the popular culture. Power has always traditionally been in the hands of the ruling class, either in the form of the government, the coloniser, or based on the colour of one’s skin. Hence, the subjugation of the working class, the colonised, the inferior race or the lower class is parallel to colonial stereotyping and subjugation. In The Location of Culture (1994), Homi Bhabha discusses and highlights several instances of racial stereotypes, cultural difference, identity, hybridity and agency and talks about the need to understand and locate the questions of culture in the transitional phase of the contemporary world. Culture and identity no longer pertain to the beginning and ending, and in this contemporary realm, “we find ourselves in the moment of transit where space and time cross to produce complex figures of difference and identity, past and present, inside and outside, inclusion and exclusion.” (2) He asserts that we must move away from this monolithic categorization of class and move to the “beyond” which is a coming together and mixing of different cultures to form a new classless identity, and this will define the act of society itself. Stereotyping any particular group of people, whether by race, nationality or by class becomes a form of subjugation. Similarly, many of Dylan’s songs highlight this subjugation wherein the blacks, the youth and the working class people are stereotyped as inferior and the whites, the older generation, the government or the ruling class are superior. For Bhabha, this act of stereotyping is dangerous not just because it mischaracterizes the other but also assumes a totalized fixity of the image, and the said inferior groups of society assume a fixed stereotype image and being. However, by moving to what he calls the “beyond”, there will be a free flow of cultural differences and such groups will no longer be isolated. This free flow of groups without any fixity can be seen as what Dylan proposes in his protest songs. As long as a certain group assumes superiority, the other will be sidelined. The American society too has been conditioned to believe that the government has all the power and the politicians are the manifestors of this power. In such an environment, they control the people under them, manipulating and deceiving them by sending them off to wars. In the same way, the black-skinned people are assumed to belong to the inferior group, controlled and subjugated by the whites, where they are suppressed to the point that they are killed by the whites for the slightest reasons and where their killers are not guilty in the eyes of the law, which are all reflected in the protest songs of Bob Dylan. Homi Bhabha also uses the work of Franz Fanon to analyse the concept of identity. Fanon was concerned with the psychoanalytic explanation of how people can be enslaved not only physically, but in their mindsets as well. According to Bhaba, this differentiation and identification of people must be reanalysed in the contemporary world. For Bhabha, “the question of identity is never the affirmation of a pre-given identity” (64) but rather, something that has been created in the mind of people who are being colonised, dominated or subjugated. This created image shows them inferior. In such a situation, man belonging to the subjugated group is influenced by many things around him which blurs his identity. It is these external influences that make people to assume their given role in a society. For instance, the black man has been colonised for so long that even after he is free from slavery, he is still influenced by the events and beliefs around him, making him believe that he was, is and will always be inferior. Even though slavery had been abolished a century ago, America in the 1960s still had the Civil Rights movement, wherein equality of the races and human rights were demanded, and an important issue in the songs of Bob Dylan. The idea that the blacks were inferior and that they were the “Other”, the colonised is what complicates the black man’s being, making him not being able to stand up for himself and continuing to be oppressed by the white man. This subjugation is now challenged by the people who protested against it, and by Dylan through his protest songs, making him the voice of the time. Homi Bhabha is aware of the existence of cultural differences and notes that it “…is a process of signification through which statements of culture or on culture differentiate, discriminate and authorize the production of fields of force, reference, applicability and capacity.” and for him, “Culture only emerges as a problem, or a problematic, at the point at which there is a loss of meaning…between classes, genders, races, nations.” (50) He also claims that this “cultural difference focuses on the problem of the ambivalence of cultural authority: the attempt to dominate in the name of cultural supremacy which is itself produced only in the moment of differentiation.” (50-51) As such, this cultural “difference” forms itself once there is the belief that one group is better than the other, or one race is superior than the other. It creates a problem the moment this idea of a “difference” is conjured. Significantly, as seen in the protest songs of Bob Dylan, the society or culture faces a problem due to this difference, and the people are subjected to inequality and injustices. Homi Bhabha is of the opinion that postcolonial perspectives do not agree with the term “underdevelopment” and attempts to study and revise the point of view in which there is a binary opposition between the First World and Third World. According to Babha, “The postcolonial perspective departs from the traditions of the sociology of underdevelopment or “dependency”…set up the relation of Third World and First World in a binary structure of opposition. . .forces a recognition of the more complex cultural and political boundaries that exist on the cusp of these often opposed political spheres.” (248) This postcolonial binary opposition is analogous to the two classes of the contemporary world, a class created by the “cultural difference”. It is the clash between these two opposing factors that led to a cultural difference, creating a social crisis. The desire and recognition of the need to terminate this difference led to the various movements and protests of the time, leading to create a popular culture, a culture embraced by the masses in want of a social change. Culture is ever-changing, fluid and transitional. It can be displaced and moved and thus, it is significant to decode certain cultural signs. The movements and the protests may not have produced or resulted in a drastic cultural change but it did create a concensus, whereby the people of a particular group, and in this case, the previously subjugated, seek to present their interests as the general interests of the society as a whole. Through the protest songs that speak about racial discrimination, injustices and the corrupted government, an important tool in the ongoing protests and movements, a social group that shares the same opinion, angst, beliefs and hope come together to create a concensus that contributed heavily to the existing popular culture whilst forming a new one. Chapter V Conclusion This chapter will attempt to analyse and sum up the preceding chapters. and focus on the dynamics of music culture and how cultural changes are made possible in relation to its philosophical and theoretical study. In doing so, it will reflect upon how protest music is constituted as a tool in creating a consensus within popular culture, thereby creating a sub-culture. It is historically evident that cultural change is made through varied occurrences and situations as well as certain ideologies, and culture is not static. Man’s involvement in it is highly influential, and at the same time, a particular culture and the changes within it is also crucial in the formation, development and participation of man. Culture, “a particular way of life, of a people, a period or a group.” (Williams 88) encompasses all habits, beliefs, practices and way of life itself. Music has always been an integral part of any given culture and acts as an important feature to signify a particular culture’s identity. It tells the history and tradition of a people and reflects their ancestry, identity and religion, and through it, cultural values are passed on from generation to generation. The term “ethnomusicology” is significant in the study of the relationship between music and culture and how music is culturally created or how music influences and changes culture. The term is regarded to have been first coined by Jaap Kunst from the Greek words “ethnos” which means “nation”, and “mousike” which is translated as “music”. (Behague 260) It may be understood as the study of music from the perspective of culture and society, or the cultural and social aspects that led to its creation. In the seminal book, The Anthropology of Music (1964), Alan P. Merriam extensively talks about this term, its usage and significance and calls it “the study of music in culture.” (6) and claims that one of the main purposes of ethnomusicology is considering “music as a means of communication.” In support of this view, he borrows Mantle Hood’s opinion; “In the latter half of the Twentieth Century it may well be said that the very existence of man depends on the accuracy of his communications. . .speaking and listening, informing and being informed, constructively evaluating and welcoming constructive criticism. Communication is accurate to the extent that it is founded on a sure knowledge of the man with whom we would hold intercourse.” (10) If music is thus a means of communication, it undoubtedly contributes to cross-cultural communication to bring about understanding and validation, becomes a carrier of identity and values and create unity. It is in this aspect that a folk-singer like Bob Dylan, with his protest lyrics that carry messages that needed to be said and delivered, that demonstrates the cultural value of its time and bring together a group of people with the same ideals and beliefs to unite to form a cultural change, becomes an indispensable participant in the cultural dynamic. “The ultimate interest of man is man himself, and music is part of what he does and part of what he studies about himself. . .music is also human behaviour” (16) and through Dylan’s music and songs, the internal conflicts, emotions of man disturbed by the culture and society of the time can be dissected. Within the field of ethnomusicology, popular music and the effects it has on people can also be examined. Since Bob Dylan and his protest music belong to popular culture and popular music as discussed in the previous chapters, this particular aspect may be substantial to look into. According to Theodor Adorno, popular music is contrasted with serious music. If this is the case, popular music would function less deliberately and would in turn, have greater impression on the majority of the people. This stance is significant because since the music that Bob Dylan introduced and the lyrics of his songs resonated with the mass culture, it was able to have more impact on the people. It contrasts itself from the formality of “serious music” and can be seen as the kind of music “that genuinely expresses true emotion and feeling.” (Machin 14) According to ethnomusicology, popular music is also often linked with mass media. The 1960s, the decade when Dylan and his music gained popularity, was also a period that relatively grew in technology and inventions. The world became smaller due to the development in mass media and television and since a dependant relationship was built between the two, musicians could gain a wider platform and audience. They were able to acquire a superstar persona and economic success and in turn, their fans and followers were more avid and devoted which contributed largely in the creation of a subculture. Bob Dylan’s time of emergence as a singer and a public figure was relevant not only for his own success and popularity but also for the impact he had and for the success of the circulation of his songs’ message and content. The successful reception of his songs indeed had to do with the condition of the time and it appealed to the masses, especially the youths who were already protesting and in dire need of somebody who could voice their propaganda. In the creation of a subculture through popular protest music, an identity has also been created within the societal paradigm and power structure and social infrastructure. This relationship between music and identity has been a much debated subject for ethnomusicologists. Thomas Turino, in the book Music as Social Life: The Politics of Participation (2008) notes that it is with the “conception of the self and individual identity” that “culture and musical meaning ultimately reside.” He is of the opinion that “identity involves the partial selection of habits” and connects this “habit” with self, identity and culture, whereby, our musical habits, our reception of it and our attitude towards it can lead to the formation of cultural changes and the creation of identity and identity groups. (95) Bob Dylan’s protest music, with its rebellious nature and attitude to challenge the authority created within itself and its followers a sense of identity and the people came together, breaking barriers and formed an identity group that acted as a collective power. The role that music plays within any given culture and its impact on cultural change leads to the question of who and what constitute a culture. Culture is no longer subjected only to the “intellectual, spiritual and aesthetic factors” (Storey 2) but encompasses all “forms of life and social expression.” (Rivkin and Ryan 1233) With certain ideologies, especially that of Marxism, culture also now has a broader meaning and has been examined through a more political perspective. It has now also been understood as “both a means of domination, of assuring the rule of one class or group over another, and a means of resistance to such domination.” (1233) In this aspect, culture has become political wherein it has become parallel to power, the power of the ruling class and where the ruling class governs. In contemporary society, the government is the power who speaks and acts for the rest of the society and assumes total control. This can be seen as a form of authoritarianism whereby it silences the voice of the lower class people and the culture and tradition of those who lack power is diminished. The politics in culture, the difference between the classes as well as the functioning of power between them becomes important in the formation and change in the existing culture. The term “hegemony”, simply understood as control, leadership or dominance of one group over the other, or power exercised by a ruling class over a lower class, according to Antonio Gramsci now also means “political leadership based on the consent of the led, a consent which is secured by the diffusion and popularization of the world view of the ruling class.” (Bates 352) This can suggest the reduction of conflicts between the dominator and the dominated, and more political inclusion of the previously marginalized in order to attain a smoother governance, a political and cultural change and in this consent, hybridity can exist. As frequently highlighted, the difference between the classes has to do with how power and ideas have been manifested in the hands of the traditionally superior which caused tension and conflicts between the two. However, the hegemon has now been challenged by the previously dominated class or group of people and as mentioned, through the protest songs of Bob Dylan, have found an outlet to voice their opinions and ideas that were previously silenced, leading the notion of power to be diffused and in turn, creating a hybrid moment which is an initial stage of a cultural change. Homi Bhabha, in his book The Location of Culture (1994) has attempted to display “the importance of the hybrid moment of political change” and notes that “the transformational value of change lies in the rearticulation, or translation of elements. . .a negotiation between gender and class, where each formation encounters the displaced, differentiated boundaries of its group representation. . .in which the limits and limitations of social power are encountered in an agonistic relation” and claims that this type of hybridity is a “historical necessity”. (41) This negotiation for a political change is only possible by the creation of what Stuart Hall calls a “power bloc”, a “new social bloc” which would produce “a form of symbolic identification that would result in a collective will.” (41- 42) This bloc may be constructed through certain political groups or any particular group with common interest to challenge and question the existing power. It is in this aspect that the formation of a culture that deviates itself from the traditional culture, a popular culture from the high culture, or a sub-culture from the prevailing popular culture can occur. The sub-culture created within the popular culture under the wing of the youth protesters, precipitated by protest music posits itself as the power bloc. The coming together of the previously silenced, the lower and working class people, the black-skinned people forms a group that would challenge to negotiate and create a cultural consensus and “a structure of heterogeneity to construct a theoretical and political alternative.” (41) For the “newly” constructed cultural group or sub-culture, protest songs become the guiding force in their attempt to voice their opinions and frustrations and hence, the cultural impact that music has is evident. The uses and functions of music and how it is employed in human society has thus been an important topic for ethnomusicologists. Alan Merriam has discussed certain major and overall functions of music, among which is “the function of emotional expression”. This function is primarily apparent in the operation of protest songs. He borrows Linton Clarke Freeman’s idea that “a particular type of folk expression should be associated with a particular kind of social organization” and that “social protest verses emerge when the members of a society are deprived of other mechanisms of protest. Such songs will persist as long as these individuals are deprived of other more direct techniques of action. These verses represent an attempt of the members of the society to cope with unacceptable social conditions.” (220) This is particularly true in the development of the protest songs of Bob Dylan as well as in its employment by the protesters of the time. There were things that needed to be said in the society but for the people that had always been conventionally sidelined, resources were scarce and protest music became their main weapon. The protest songs of Bob Dylan were not created to start a protest nor did they end in protest. Instead, they functioned as a much needed medium for the protests that occurred because of certain cultural conflicts, and answered the requirement of the cultural demands, while stabilizing and validating the social system since songs or music has the ability to function “as a mechanism of emotional release for a large group of people acting together.” (222) The angry, “lower” class people in want of a change saw in Bob Dylan a revolutionary voice, and he in turn became the symbolic representation of a revolution. His protest songs contributed to the integration of society and created a cultural unity since “music provides a rallying point around which the members of society gather to engage in activities which require the cooperation and coordination of the group.” (227)) The protest music of Bob Dylan, through its cry for redemption, its portrayal of the unfair treatment of the black people, the government’s corrupted system and strong message of hope and change brought the people to come together as a unit, a power bloc to challenge the traditional power and contributed to the change in society and culture. Bates, Thomas R. “Gramsci and the Theory of Hegemony” in Journal of the History of Ideas, Vol. 36, No.2, April- June, 1975, pp. 351- 366. JSTOR. Web. 22 Nov 2017. Behague, Gerard. “Latin American Music Review.” Latin American Music Review, vol.9, no.2, 1988, pp. 260- 272. JSTOR. Web. 12 Feb. 2017. Bennet, Tony. Popular Culture: A Teaching Object. Open Univ. Press, 1980. Bhabha, Homi. 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Cambridge University Press, 2007. Ginsberg, Allen. No Direction Home. Paramount Pictures, 2005. Gray, Michael. The Bob Dylan Encyclopedia. Bloomsbury Academic, 2006. Hebdige, Dick. Subculture: The Meaning of Style. Routledge, 1979. Heylin, Clinton. Bob Dylan: Behind the Shades Revisited. Harpers Entertainment, 2003. Goldberg, Joe. “Bob Dylan at Sixty.” The Threepenny Review, no. 89, 2002, Gramsci, Antonio. “Hegemony, intellectuals and the State.” Cultural Theory and Popular Culture: A Reader, 4th edn. Ed. John Storey. Pearson Education, 2009. Lawrence, Samuel. The American Dream: A Cultural History. Syracuse University Press, 2012. Lynskey, Dorian. 33 Revolutions Per Minute: A History of Protest Songs from Billie Holiday to Green Day. Harper Collins P., 2011. Machin, David. Analysing Popular Music: Image, Sound and Text. Sage Publications Inc., 2010. Maltby, Richard. Introduction in Dreams for Sale: Popular Culture in the 20th Century. Harrap, 1989. Marx, Karl and Friedrich Engels. The German Ideology. Ed. Christopher John Arthur. International Publishers Co., 1972. McGuigen, Jim. Cultural Analysis. Sage Publications, 2010. Mckeen, William. Bob Dylan: A Bio-bibliography. The Greenwood Press, 1993. Merriam, Alan P. The Anthropology of Music. Northwestern University Press, 1964. Negus, Keith. Bob Dylan: Icons of Pop Music. Equinox Publishing Limited. Oswell, David. Culture and Society: An Introduction. Sage Publications, 2006. Pastan, Linda. “Listening to Bob Dylan, 2006.” Prairie Schooner, vol. 81, no. 1, 2007, pp. 121-122. JSTOR. Web. 12 Feb 2017. Polito, Robert. “Bob Dylan’s Memory Palace.” Highway 61 Revisited: Bob Dylan’s Road from Minnesota to the world. Ed. Colleen J. Sheehy and Thomas Swiss. University of Minnesota Press, 2009, pp. 140-153. JSTOR. Web. 16 Nov 2016. Rivkin, Julie and Michael Ryan. ed. Literary Theory: An Anthology. 2nd Edition. Blackwell, 2004. Ross, Andrew. No Respect: Intellectuals and Popular Culture. Routledge, 1989. Rottman, Gordon L. The US Army in the Vietnam War 1965-73: Battle Orders. Bloomsbury Publishing, 2013. Roszak, Theodore. The Making of a Counter Culture. Doubleday Publishing, 1983. Storey, John. Cultural Theory and Popular Culture: An Introduction. Longman, 2008. Turino, Thomas. Music as Social Life: The Politics of Social Participation. University of Chicago Press, 2008. Wilentz, Sean. Bob Dylan in America. Random House, 2011. Williams, Paul. Bob Dylan: Performing Artist: 1960-1973 the Early Years. Omnibus Press, 1994. NAME OF CANDIDATE : Vanlalpeki Sailo DEGREE : M.Phil. DEPARTMENT : English TITLE OF DISSERTATION : Remapping Song: A Study of Select Protest Songs by Bob Dylan DATE OF PAYMENT OF ADMISSION : 26.7.2016 (Commencement of First Semester) COMMENCEMENT OF SECOND SEMESTER/DISSERTATION : 1.1.2017 APPROVAL OF RESEARCH PROPOSAL- BOS : 26.4.2017 SCHOOL BOARD : 26.5.2017 REGISTRATION NO. & DATE : MZU/M.PHIL./367 of dt.26.5.2017 EXTENSION IF ANY : January 2018- July 2018 HEAD DEPARTMENT OF ENGLISH Name: Vanlalpeki Sailo Father’s Name: Malsawma Sailo (L) Address: B- 48, Mission Veng, Aizawl, Mizoram Phone No.: 9774166369 Educational Qualifications: \| Class \| Board/University \| Year of Passing \| Division/Grade \| Percentage \| \|-------\|------------------------\|-----------------\|----------------\|------------\| \| X \| MBSE \| 2005 \| I \| 61.8% \| \| XII \| MBSE \| 2007 \| II \| 57.2% \| \| B.A \| Mizoram University \| 2011 \| II \| 59.4% \| \| M.A \| Mizoram University \| 2016 \| I \| 67.5% \| \| M.Phil.\| Mizoram University \| Course work completed in 2016 \| I ‘A’ Grade awarded. 10 pt. scale grading system, ‘A’ corresponds to 60 – 69.9 pts. \| Corresponds to 65% in terms of percentage conversion. \| Other relevant information: i) Currently working on M.Phil. dissertation entitled “Remapping Song: A Study of Select Protest Songs by Bob Dylan” under the supervision of Prof. Margaret L. Pachuau, Department of English, Mizoram University. ii) Attended an international seminar entitled “Claiming the Difference: Literatures and Cultures”, organized by the Department of English, Mizoram University in collaboration with NEC, Shillong and ICSSR, New Delhi, on 26th – 28th October, 2016. iii) Attended a national seminar entitled “Child Lore and Identity”, organized by the Department of English, Mizoram University, on 4th November, 2016. iv) Attended and presented a paper “Decoding the Contradictions: A Study of Select Mihrinna Hla by R.L Kamlala” in a state level seminar entitled “R.L Kamlala’s Confessional Poetry: Reconnecting with his Mihrinna Hla”, organized by the Department of Mizo, Pachhunga University College in collaboration with the Department of Mizo, Govt. Kolasib College, on 13th October, 2017. v) Visited NEHU Central Library and The State Central Library, Meghalaya for the purpose of research. vi) Awarded the UGC-MZU Fellowship for a tenure of eighteen months from the date of admission on 26.7.2016. This chapter will situate Bob Dylan in terms of his life and work within music and the American song tradition. In doing so, it will analyse his projection of certain identities, including his identity as a folksinger and a protest musician. The history of American music and song dates back to the time of the Native Americans, the first people to live in North America, whose music was varied in form, and was most religious in purpose. Colonisation brought about changes within the music of America and has resulted in the creation of certain new genres and styles. Folk music in particular, remains as one of the most traditional styles of American music. It encompasses both traditional music that has been brought to America by previous immigrants as well as the genre that evolved from it during the twentieth century folk revival. These traditional folk songs have often been transmitted orally and according to Bob Dylan, are “handed down songs”. (Dylan 8) American folk music is a combination of numerous music genres, and often known as traditional music, traditional folk music, contemporary folk music or roots music. Many traditional songs have been sung within the same family or folk group for generations, and sometimes go back to such origins as Great Britain, Europe or Africa. The genre’s popularity and its place in popular music and culture may be credited to the American folk music revival, a phenomenon in the United States that began in the 1940s, reaching its peak of popularity in the mid 1960s. The revival brought about the emergence of various styles of American folk music and also led to the development of other genres including country and rock and roll music. The folk revival that began in New York city gave birth to what may be called contemporary folk music, with artists like Bob Dylan being one of its most prominent artists. This revival of folk music can also be explained as a period of renewed interest in traditional folk music, transforming folk music, and the songs produced within it often include a social activism component, social awareness about the events taking place then within the paradigm of America, as well as globally. To situate Bob Dylan within the context of the American song tradition, particularly within folk music, and to draw out his role in it, his life and his beginnings as a musician may be looked at. The 1960s in America was undeniably a decade of liberation for music, way of living, public opinion, art of all forms, invention and certain political and social issues. This generation thus produced the greatest musical artists of all time including Bob Dylan, who may be considered as one of the greatest influences on popular culture of all time. With a closer study of his childhood and the environment that he grew up in, it may be suggested that his legacy is a result of his surroundings. He initially emerged into the art scene, particularly music, as a folk singer and when asked what folk song really is, his reply was that it means “handed down songs”. (Dylan 8). However, perhaps due to being affected by various historical events such as the after-shocks of the world wars, improvement of certain technological inventions in the society, Kennedy’s assassination, the Cuban Missile Crisis and the Civil Rights Movement, many of his songs may be categorized as protest or rebel songs, but always with a folk undertone, which evoked changes within the society itself. Robert Allen Zimmerman, later known as Bob Dylan was born on May 24, 1941 to Abraham Zimmerman and Beatty Stone Zimmerman. This was a period when the Second World War was already raging in Europe. Bob Dylan recalls this period in history, saying, “If you were born around this time or were living and alive, you could feel the old world go and the new one beginning.” (Dylan 28) and also talks about his experiences as a schoolboy where they were trained to hide and take cover under desks when the air-raid sirens blew since this means the Russians were attacking with bombs. Such experiences are also reflected in many of his songs where he writes about peace, life and humanity as a whole. In fact, before he decided that he wanted to be a singer, he had also even thought about joining the army and says, “I’d always pictured myself dying in some heroic battle rather than in bed.” (Dylan 41). Such an influence and attitude indeed shaped Dylan as a person, his views as well as his contribution to music and literature. His close association with his roots and folk music thus comes as no surprise and he himself admits, “The madly complicated modern world was something I took little interest in. It had no relevancy, no weight. I wasn’t seduced by it.” (20). Bob Dylan was born in Duluth, Minnesota and his family moved to Hibbing, Minnesota when he was seven years old. Growing up in a small town like Hibbing must have been a difficult task for Dylan and he recalls how the small-town life never quite provided him with the opportunities he needed. Nonetheless, at an early age, he had already showed signs of natural talent. The stark contrast between his upbringing and what he was destined to be is seen from Dylan’s recollection of his father and the differences between them, as well as his detachment to the life in Hibbing; “Growing up, the cultural and the generational differences had been insurmountable—nothing but the sound of voices, colorless unnatural speech. My father, who was plain speaking and straight talking had said, “Isn’t an artist a fellow who paints?” when told by one of my teachers that his son had the nature of an artist. It seemed I’d always been chasing after something, anything that moved—a car, a bird, a blowing leaf—anything that might lead me into some more lit place, some unknown land downriver. I had not even the vaguest notion of the broken world I was living in, what society could do with you.” (Dylan 108) Finally in 1959, Dylan left home to attend the University of Minnesota. Here, he tried out for a gig at the Ten O’Clock Scholar Coffee House where they were auditioning for folk singers. When asked for his name, he simply replied “Bob Dylan”. There are a number of theories regarding Dylan’s reasons for choosing this name and he himself has no solid explanation for it. However, he has mentioned his decision to shorten his name to Robert Allen as soon as he left home. After coming across a story about a West Coast saxophone player named David Allyn and some poems by Dylan Thomas, he was conflicted between the names Robert Dylan and Robert Allyn, and since people had already often called him Bobby, perhaps came up with a cross between the three—Bob Dylan. Dylan’s versatility is evident from the thirty seven studio albums, eleven live albums, compilation albums and numerous singles he had released between the years 1962 and 2016. These albums comprise of folk music, blues, rock n’ roll, electric, country music and gospel music. It has often been said that Dylan’s goal was to become a famous rock n’ roll star and many believe rock n’ roll to be his first inspiration. However, it was actually country music that he first loved and his “first idol” was country singer Hank Williams. According to Mckeen in his book Bob Dylan: A Bio-Bibliography, “Hank Williams sang about the world of railroads, the pain of loss, and the need to move. His restlessness echoed Bob’s own.” (5). However, being inspired by the music of Little Richard, Buddy Holly and Elvis Presley, Dylan decided that he would also become a rock n’ roll star. The lyrics of these artists “crystallized all his feelings of ambition, rebellion and individual identity. . . .” (Heylin 8). However, despite his ambition to become like them, he initially became well-known as a folk singer. Folk music definitely provided him with the platform he needed. After his arrival in New York, he started playing at the Café Wha?’, where the kind of music he was playing and the kind of songs he was singing “either drove people away or come in closer. . . .” (Dylan 18). He admits there were better singers and better musicians playing at the café but also acknowledges that there was not anybody close to what he was doing. So, he stuck to folk music and claims, “Folk songs were the way I explored the universe, they were pictures and the pictures were worth more than anything I could say.” (Dylan 18). By this time, folk music had indeed become Dylan’s speciality and preference. He was aware of the changes taking place within the country and how these changes affected the music scene but was adamant to stick with what he knew best and admits, “‘50s culture was like a judge in his last days on the bench. It was about to go. Within ten years’ time, it would struggle to rise and then come crashing to the floor. With folk songs embedded in my mind like a religion, it wouldn’t matter. Folk songs transcended the immediate culture.” (Dylan 27). Most of Dylan’s influences were from country, folk, rhythm and blues and his biggest role model was folk musician Woody Guthrie. One tradition of folk music is borrowing from other artists and Dylan too, borrowed from just about every blues or folk performer he liked. He also admits to copying and borrowing from Guthrie and one of the first songs he wrote, which was of a substantial importance according to him, was written for Woody Guthrie. This song, “Song to Woody”, was actually the song that initially associated him with Leeds Music, the label that started his own career. According to him, the song is “an homage to the man who’d pointed out the starting place for my identity and destiny...” and stressed, “My life had never been the same since I’d first heard Woody on a record player in Minneapolis. When I first heard him it was like a million megaton had dropped.” (Dylan 229). Woody Guthrie indeed gave Dylan a perspective on music and guided him to become what he became. Dylan recalls his first experience of listening to Guthrie as an “epiphany...” where he “discovered some essence of self-command...” and even exalts him as somebody who “divides the world between those who work and those who don’t and is interested in the liberation of the human race and wants to create a world worth living in.” (Dylan 245). Perhaps due to being part of the teenage rebellion era of America, many consider that he mimicked the looks and attitude of James Dean “the rebel”. However, he pleads that it was only Woody Guthrie who had the deepest impact on him and that he influenced his every move, what he ate, how he dressed and who he wanted to know and not know. He argues that this teenage rebellion of the late 1950s and early 1960s did not really appeal to him and believes that “It had no organized shape. The rebel-without-a-cause thing wasn’t hands on enough even a lost cause. . .” (Dylan 247). However, many of his songs are often still labeled as rebel songs and if this is taken into account, his transition from folk songs to rebel as well as protest songs may be something substantial to look at. Dylan’s dreams were becoming a reality by 1961 when Colombia Records offered him a contract, and in March 1962, he released his first album Bob Dylan which was produced by John H. Hammond who signed him to the label. The songs in this album were pure folk and included two original compositions, “Talkin’ New York” and the one he wrote for Woody Guthrie. His second album, The Freewheelin’ Bob Dylan was released the next year in May and this album is regarded to represent the initial stages of Dylan’s writing contemporary words to traditional melodies. Eleven out of the thirteen songs in it are Dylan’s original compositions and includes “Blowin’ in the Wind” which became an anthem of the 1960s, as well as other well-known songs like “Girl from the North Country”, “Masters of War”, “A Hard Rain’s a-Gonna Fall” and “Don’t Think Twice, It’s All Right” which all became classics of the 1960s folk scene. Although these songs may be characterized as folk, the lyrics embody what may be defined as “protest songs” and Dylan’s inclination to write about the occurrences of the world, about humanity and life itself is evident. Dylan himself had said that “Folk songs are evasive—the truth about life. . .” (Dylan 71) and thus, have a close relation with what is called “topical songs”, songs that Dylan sung a lot. These topical songs may be defined as songs about real events where the point of view of the songwriter is embedded. As such, the songs in The Freewheelin’ Bob Dylan are basically a merge of folk and topical songs. Some are of the opinion that this album was the start of Dylan’s protest songs, songs that are also called “finger-pointing” songs—sincere expressions of frustration towards leaders who opposed change. (Heylin 87) For instance, the song “Blowin’ in the Wind” which has been described as an anthem of the 1960s Civil Rights movement is regarded to capture the frustration and aspirations of those affected by various injustices like racism and wars. The song poses a series of rhetorical questions about peace, war and freedom where Dylan questions; “...how many times must a man look up, Before he can see the sky? Yes, and how many ears must one man have, Before he can hear people cry? Yes, and how many deaths will it take ‘til he knows, That too many people have died. . .?” (Bob Dylan: Lyrics. 1962-1985, 7) Dylan’s reply to these rhetorical questions and the refrain of the song, “The answer, my friend, is blowin’ in the wind” is quite ambiguous wherein there is no clear-cut solution and yet it suggests that there is one. However, according to Dylan, “Topical songs weren’t protest songs. . .I tried to explain later that I didn’t think I was a protest singer, that there’d been a screwup. . .” and it appears as though for him, there was a clear cut difference between protest songs and rebel songs and that he was more inclined towards the latter, the kind of songs that “really moved...” him. (Dylan 83). Locating Dylan as a protest singer and his songs as protest songs, when he himself is in denial is a substantial factor to look at. “One of the trickier difficulties in appreciating Dylan’s art involves distinguishing it, as far as is possible, from his carefully crafted, continually changing public image.” (Wilentz, 11) and this statement may imply the problematic situation that arises when looking at Bob Dylan with the motive of examining his role and identity in the American song tradition, especially within the protest music paradigm. Dylan’s music indeed has connections to the 1930s and 1940s, through the influences of Woody Guthrie, Pete Seeger and other folk musicians. However, there are other connections, to a broader world of experimentation with American music as well as with cultural and political events which eventually add up to the creation of his identity as a musician. If there is a clear cut distinction between a folksinger and a protest musician or singer, Dylan’s growth, or rather metamorphosis within the realms of the two may be examined in order to highlight his identity and role within American music as a whole. Whether Dylan did mean or never meant to protest through his songs, he nonetheless became a voice and his songs became the most influential protest songs of a generation, particularly for the era of the Civil Rights movement. Historically, there were several events that led up to the movement. The integration of major league baseball that took place in 1947 and Truman’s initiation to integrate the armed forces were both catalysts in starting the movement. The integration of schools in 1954 was also a major event in the history of America where the Supreme Court ruled that “separate but equal” in schools was no longer tolerable. An event took place the next year also tremendously changed the course of the movement. On December 1, 1955, in Montgomery, Alabama, a Civil Rights activist named Rosa Louise McCauley Parks was arrested for refusing to give up her seat for a white man which was a violation of the busing segregation rule. This caused a great effect that finally led to the creation of the Montgomery Improvement Association, whose president, Martin Luther King Jr., as well as many activists and advocates started boycotts, protests and marches that eventually led to many positive changes within the society. All of these caused Dylan to write some of his most influential songs that are regarded to be protest songs. If Dylan were really to be regarded as a protest song writer, his then-girlfriend, Suze Rotolo was undeniably very influential for him. Suze was involved in the Congress of Racial Equality (C.O.R.E), an organization involved in the Civil Rights movement. She asked him to write some songs for the organization and the first was “The Death of Emmett Till”, a song about the murder of a black boy in 1955. Fifteen-year-old Emmett Till was killed because he had whistled at a white girl, and the song created a huge controversy. He also wrote “Oxford Town”, which detailed about major events that occurred in the movement. By this time, Dylan became not only known for his protest songs but his career as a writer also began. He began writing for Broadside, the first magazine to publish his work and he became one of the most regular contributors. Dylan’s third album The Times They Are-a Changin’ released in 1964 includes what is often regarded as Dylan’s one of Dylan’s most offensive songs, “Only a Pawn in Their Game”, which he sang for the first time in Greenwich, Mississippi at a Civil Rights gathering. The song is about the murder of Medgar Evers, a Civil Rights activist. Coming home one evening, Evers was shot and killed on his front porch and in the song, Dylan described the murder as “just a poor dumb white bigot manipulated by powerful racist forces” and also said that “the assassin was also a victim, harmed by a system that teaches hate.” (Dylan 256) Some of the other songs in the album like “The Times They Are-a Changin’” also seemed to show more refinery and sophistication than his traditional work. In reference to his traditional songs, Dylan had said, “The folk songs showed me that songs can say something human.” (Dylan 236) It may be suggested that folk singers did not necessarily show or convince people of something new, but rather, strengthened and reinforced traditional and political views that were already in existence. The way something is transferred and delivered is often as important as what is actually being conveyed, and with Dylan, his approach and his medium also becomes his message and he himself had said, “I don’t think when I write. I just react and put it down on paper. . .what comes out in my music is a call to action.” (Dylan 187) And it may be a fact to state that his songs indeed influenced the movement, as much as the movement influenced him. Dylan’s concern with the society, humanity as well as politics started to reveal itself through many of his songs. He insisted that politics were an integral element of his songs’ lyrics and that “social issues are more important than music...” (Dylan 242). However, Dylan tends to often contradict himself and his beliefs. For instance, certain political events would often evoke a musical response from him which made his concern for politics quite obvious. One such example was the Cuban Missile Crisis. In 1963, America was threatened with the fear of nuclear warfare by the U.S.S.R and in response to this, Dylan wrote “A Hard Rain’s Gonna Fall”. The song describes the then-current situation that the public was facing like fear, anticipation, worry, bitterness and dread and he himself said, “…it was a song of terror. Line after line, trying to capture the feeling of nothingness.” (Heylin 26) In this song, he parallels between what was happening in the U.S and the imagery used by the Biblical prophets describing destruction and desolation. Such a song as this reflects Dylan’s interest in politics and what it was doing to the world. Yet, later, he describes his song “Political World”, a song with a strong political tone as simply something that might have been “triggered by current events” or a song about “an underworld, not the world where men live, toil and die like men.” (Dylan 166) His self-contradiction is also seen in his views regarding the age of rebellion and rebel music. He had always stated that the rebellious act had never appealed to him and yet, later celebrates rebel music and songs. His celebration and appreciation of it may be what led people to recognize his music as rebel music. If this was so, then, protest songs and rebel songs indeed would have a very close relation and resemblance but Dylan however, stressed upon how different the two were; “The rebellion songs were a really serious thing. The language was flashy and provocative—a lot of action in the words, all sung with great gusto...I loved these songs...They weren’t protest songs, though, they were rebel ballads... even in a simple, melodic wooing ballad there’d be rebellion waiting around the corner. You couldn’t escape it... Rebellion spoke to me louder. The rebel was alive and well, romantic and honorable.” (Dylan 83) Another feature of Dylan’s music are the anti-war songs. However, to categorize them as a completely different feature would not be valid because these songs too still protested, still rebelled against the injustices done to people by the wars and by those in power. Although he was never a big part of the Vietnam protest, a number of his anti-war songs were written in response to the Vietnam war. Two of the most popular were “Masters of War” and “John Brown”. What is significant to note here is that the song “Masters of War” was actually a part of his second album. This shows that Dylan, whether he regards himself as somebody who writes protest and rebel songs or not, had actually protested against certain injustices from the very beginning of his career. In this song, he finger-points the evil men who make profit off of the war while young men go off and die, and says, “... like Judas of old, you lie and deceive... you fasten the triggers for the others to fire, then you set back and watch when the death count gets higher...” (Bob Dylan: Lyrics. 1962-1985, 81). “John Brown”, on the other hand, tells the true nature and deception of the war, and the negative effects it has on a person. John Brown, the protagonist in the song is sent off to war with honour, and his mother “brags about her son with his uniform and gun...” However, when her son returns, she can hardly recognize his face because of the destruction the war had caused. John Brown says that in the middle of battleground, he realized that he was just a “puppet in a play.” Another popular anti-war song is “With God on Our Side” and it reflects upon several wars that the U.S had gone through, including the Spanish-American war and both World War I and World War II, and is basically about how wrong and arrogant it is for people to ask God to be on their side, when it is actually the people themselves who cause the harm. Other anti-war songs of such stature are “Legionnaire’s Disease”, “Let Me Die In My Footsteps” and “Talkin’ World War III Blues”. A major event in the U.S history and in Dylan’s career was the assassination of President John F. Kennedy on November 22, 1963. After this tragedy, Dylan started to distance himself from politics. Some believe that he was afraid of being assassinated himself, and many had the same fear that he might be, because so many of the nation’s public figures and “heroes” had been assassinated and they feared that Dylan would be next. Although Dylan never actually confirmed his decision to remove himself from it, it can be seen that he restrained himself from being too involved in any kind of political movement going on at that time. Nonetheless, he paved the way and laid the foundation for the activists, mostly college students and the youth who fought against the destruction of the establishment and it may be rightly said that no other artist was able to create the kind of revolution that he did, and he definitely had the greatest impact on that generation; “The nation was divided in the fall of 1968, by its split over the Vietnam war and social issues such as the continuing battle of integration. As anti-war demonstrations and police clashed on the streets of Chicago, the young protestors chanted Dylan’s words, “The whole world is watching.” . . .” (McKeen 36) Dylan, through his music was definitely a factor in the revolution of hundreds and thousands of people. He may not have been responsible for the ideologies behind the movements, but he indeed provided the emotional drive behind the people. Not only was he an influence on the American public, but also on other rising musicians of that era, such as the Beatles, the Rolling Stones, Joan Baez, Eric Clapton, Van Morrison, Jimi Hendrix and others. Yet, Dylan remains the nonchalant, humble person that he is and maintains, “All I’d ever done was sing songs that were dead straight and expressed powerful new realities. I had very little in common with and knew even less about a generation that I was supposed to be the voice of.” (Dylan 115) For more than five decades, Dylan has made his mark in the world as one of the most iconic and celebrated musicians of all time. He started out as a folk singer but his talent indeed widened as he explored certain kinds of music. The public’s surprise or rather, disapproval at his later transition into rock and even electric can be justified when taking into account Dylan’s previous loyalty and commitment to folk music. He himself had said, “Folk music was all I needed to exist. . .I had no other cares or interests besides folk music. I scheduled my life around it. I had little in common with anyone not like-minded.” (Dylan 236) However, with a talent like his’, it is only appropriate that he emerge as a versatile icon, representing all kinds of artistic aptitudes. The number of awards, medals and honours he had received tells the artist that he is. Among these are twelve Grammy awards, one Academy and one Golden Globe awards for his song “Things Have Changed” from the movie “Wonder Boys”. Eight of his songs have been included in the Grammy Hall of Fame and five in the Rock and Roll Hall of Fame. He has also been awarded the Presidential Medal of Freedom. The award he received that probably caused the greatest stir was the Nobel Peace Prize he received in 2016 “for having created new poetic expressions within the great American song tradition.” With this award, he became the first songwriter and American, since 1993 to win the award in literature. The news of Dylan receiving this award divided social media between those who felt he was not worthy of it, believing him not to be fit to be awarded something for literature, and those who felt he was the most appropriate awardee for it. In defense of the talks circling around, the Swedish Academy’s permanent secretary Sara Danius told the Guardian that the news may be surprising but Dylan deserved it because he is “a great poet- a great poet in the English speaking tradition. For fifty four years, he’s been at it, reinventing himself constantly, creating a new identity.” In spite of whether people felt he was worthy of it or not, the Nobel Committee indeed acknowledged Dylan as a true recipient of the literary Nobel Prize. Their stance as well as Dylan’s capabilities as a literary figure is truly captured by the presentation speech delivered by Professor Horace Engdahl, Member of the Swedish Academy and the Nobel Committee for Literature, on December 10, 2016; “...it ought not to be a sensation that a singer/songwriter now stands recipient of the literary Nobel Prize. In a distant past, all poetry was sung or tunefully recited, poets were rhapsodes, bards, troubadours. ...But what Bob Dylan did was not to return to the Greeks or the Provencals. Instead he dedicated himself body and soul to 20th century American popular music,...for ordinary people, white and black: protest songs, country, blues, early rock, gospel, mainstream music. He listened day and night, testing the stuff on his instruments, trying to learn. But when he started to write similar songs, they came out differently. In his hands, the material changed. ...he panned poetry gold, whether on purpose or by accident is irrelevant; all creativity begins in imitation. ...Soon people stopped comparing him to Woody Guthrie and Hank Williams and turned instead to Blake, Rimbaud, Whitman, Shakespeare. ...Recognising that revolution by awarding Bob Dylan the Nobel Prize was a decision that seemed daring only beforehand and already seems obvious. ...Chamfort made the observation that when a master appears, the hierarchy of genres...is nullified. “What matter the rank of a work when its beauty is of the highest rank?” he wrote. That is the straight answer to the question of how Bob Dylan belongs in literature: as the beauty of his songs is of the highest rank. ...” (Engdahl 1). Bob Dylan’s place in the American song tradition as well as his position as one of the greatest and most prominent figures in music has indeed been elevated further by the Nobel prize. The Nobel’s stance for Dylan being awarded the prize “for having created new poetic expressions within the great American song tradition” permanently marks Dylan as not just a popular musician or a great artistic figure in popular culture, but as a literary figure, surpassing the line between high and low literature as well as culture and this is clearly captured by Sara Danius who calls him “a very interesting traditionalist, in a highly original way. Not just the written tradition, but also the oral one; not just high literature, but also low literature.” Bob Dylan’s own response to his win is seen in his audio lecture published by the Nobelprize.org. where he himself admits to having wondered how his songs are related to literature. He reflects on the very beginning and how he was influenced by musicians like Buddy Holly and claims that he had picked up the vernacular and had internalized it. However, perhaps his distinctiveness when compared to other folk musicians lies in how he internalized the vernacular, the devices, the rhetoric and the techniques, incorporating his “principles and sensibilities and an informed view of the world”. His background of literature and what he had learnt in grammar school serve as important instruments in his “way of looking at life”, giving him “an understanding of human nature, and a standard to measure things by”. Dylan claims to have taken all these with him when he started composing lyrics and the themes from many books he had read worked their way into many of his songs and announced, “I wanted to write songs unlike anything anybody ever had, and these themes were fundamental”. (Dylan 2017) His protest songs and the impact it had on the American society as well as culture indeed proved that Dylan’s songs were different and on a different league. The contents were authentic because he did not restrain himself from describing the controversial events like murders in their actuality. He used his songs as a medium to make the masses aware of how corrupt and deceptive the establishment really is in its governance and in its way of handling wars and the manipulation of power. Through such songs, Dylan managed to assert himself as the much needed voice in the prevailing protests as well as within the whole of the American Song tradition. This chapter will analyse how the popular protest songs of Bob Dylan, namely “Blowin’ in the wind”, “Masters of War”, “A Hard Rains’ A-Gonna Fall”, all from the album The Freewheelin’ Bob Dylan (1963), “With God on Our Side”, “The Times They Are A-Changin’”, “Only a Pawn in their Game”, from the album The Times They Are A-Changin’ (1964) and the singles “John Brown” and “The Death of Emmet Till” (1962) resonate with the culture of its time by looking at the subjects dealt and the concerns raised by Dylan. In doing so, it will focus on the various events that led to the issues dealt with in his songs and how it affected the scenario of the time. “Culture”, a term broadly used and defined, according to Raymond Williams, is “one of the two or three most complicated words in the English language.” (Williams 87) and he suggests three broad definitions for the term. Firstly, as a term to refer to “a general process of intellectual, spiritual and aesthetic development”, secondly, as “a particular way of life, whether of a people, a period or a group”, and thirdly, as “the works and practices of intellectual and especially artistic activity.” (Williams 88) Within this, and due to certain ideologies, popular culture comes into existence. In order to define and analyse popular culture, the ideologies behind it may be looked at. One such example is Marx’s famous formulation: “In the social production of their existence men enter into definite, necessary relations, which are independent of their will, namely, relations of production corresponding to a determinate stage of development of their material forces of production. The totality of these relations of production constitutes the economic structure of society, the real foundation on which there arises a legal and political superstructure and to which there correspond definite forms of social consciousness. The mode of production of material life conditions the social, political and intellectual life process in general.” (Eagleton 4) Here, Marx is suggesting that “the way a society organizes the means of its economic production will have a determining effect or the type of culture that society produces.” (Storey 3) This stance may also be further explained as the way in which the various implications of a particular culture, like what is being produced at a particular period may contribute to what is “popular” and thereby, creating a popular culture for that particular group or period. The term “popular” according to Williams, suggests “well liked by many people”, “inferior kinds of work”, “work deliberately setting out to win favour with the people” and “culture actually made by the people for themselves.” (Williams 237) Hence, it may be valid to state that popular culture is a culture that is widely accepted and liked by many people. And within this popular culture exists certain aspects like the fashion, sports, food, music, language, movies and festivals embraced by the masses. Popular culture may also be explained as the culture that is left over after we have decided what is high culture. (Storey 6) According to this idea, popular culture becomes a residual category, as inferior to high culture. For instance, popular literature is often seen as inferior when compared with canonical or classic literature—of high and low art. This assumption may be because what is regarded to be “high” has to be something that is complex and difficult to understand by the majority of the people, while what is deemed to be “low” or popular is comprehensible to everyone. The French sociologist Pierre Bourdieu argues that cultural distinctions of this kind are often used to support class distinctions and to fulfill a social function of legitimating social differences. Hence, the ideologies of Marxism and how social classes are created may be substantial in the analysis of popular culture and the role it plays within a society. Popular culture is also often explained as “mass culture”, hence, a commercial culture and therefore, consumerism becomes a key factor, wherein what is popular at a given time period—from movies to books, music and fashion—depends upon the consumers. It thus becomes something highly embraced by the working class culture. Under this light, the subcultures within popular culture, like popular music or popular literature, becomes an important voice for the masses. It gives people the chance to voice their opinions through songs, books, and poetry. And since, unlike high culture or art, it is comprehensible by everyone, it becomes a significant aspect in creating a revolution or change within a society. Popular culture is perhaps most widely embraced in America. Following the Second World War, America experienced the temporary success of a cultural and political consensus—supposedly based on liberalism, pluralism, and classlessness. And especially by the late 1950s and early 1960s, the country saw a liberation for music, art, inventions, public opinions, and way of living itself. This popular culture embraced the rise of popular art of all forms. Certain aspects like the youth rebellion and the hippie culture signified the youth protesting for peace and liberation in the decade of turmoil, and thus, the period saw the emergence of music, songs, and artists who voiced their opinions and protested against certain injustices done to the masses. The civil rights movement and the Vietnam War were among the main causes of great concern to young people. Activities related to the civil rights movement were among the main topics raised and circulated and many optimistic young people of all races strongly believed that all human beings are equal and hence, deserved equal rights and opportunities. The Vietnam War created a huge stir and was a great concern to most young people because young men were required to register for the war once they turn eighteen. Many anti-war protests took place on college campuses and to an extent, such protests became a part of the popular culture, often carried out through popular music and other forms of art. Since folk music was often topical and political and generally about protests against racism and war, it was the music choice on many college campuses. Hence, even though often considered as “low”, popular culture indeed acted as a tool to bring about a stir and change in the society and in a way, heroes emerged not in the form of elite officials but in the form of the working class musicians, artists and writers. “They tell me that every period, every time, has its heroes. Every need has a solution and an answer. Some people- the press, magazines- sometimes think that the heroes that young people choose lead the way. I tend to think that they happen because they grow out of a need. This is a young man who grew out of a need. He came here, he came to be as he is, because things needed saying and the young people were the ones who wanted to say them, and they wanted to say them in their own way. He somehow had an ear on his generation... I don’t have to tell you- you know him, he’s yours: Bob Dylan!” With these lines, “Ronnie Gilbert of the Weavers introduced twentytwo year old Bob Dylan to forty thousand folk fans in Freebody Park, Newport, Rhode Island, on July 26, 1963.” (Lynskey 51) In order to look into how popular culture, particularly the popular music of Bob Dylan shaped and contributed to a revolutionary change in the American society, thereby becoming what Gilbert called a “hero”, the discourses of popular music may be taken into account. It may be suggested that the meaning of any piece of music is not entirely based on the discourses we have for comprehending them, but more with how we analyse and put the meanings there. According to Simon Frith, “to understand cultural value judgements we must look at the social contexts in which they are made, at the social reasons why some aspects of a sound or spectacle are valued over others.” (22) Hence, a study on how artists, particularly Dylan in this case, communicate cultural value judgements, referred to here as “discourse”, through attitude, style, voice, lyrics and language can be made. The social contexts on which the discourses of the songs of Bob Dylan are based have to do with certain historical events such as the after-shocks of the world wars, improvement of certain technological inventions in the society, Kennedy’s assassination, the Cuban Missile Crisis, the civil rights movement and the Vietnam War and most of his songs too, contain themes of these events and highlight their effects on society and the individual. To fully examine the relation between song and culture and how the songs of Bob Dylan resonated with the culture of its time, a closer study of what is known as the then counterculture and his role in it may be made. A counterculture may be defined as a subculture whose values and norms of behavior differ substantially from those of mainstream society, often in opposition to mainstream cultural mores. (Merriam-Webster’s, 2008) A countercultural movement expresses the ethos and aspirations, beliefs and ideals of a certain group of people or population during a certain period and when such oppositional forces reach a critical mass, countercultures often result in the creation of certain cultural changes. Within this context, the counterculture of the 1960s, specifically between the years 1964 and 1974 may be examined. The term “counterculture” is said to have been originated by John Milton Yinger who first used it in his 1960 article Counterculture and Subculture, where he suggested the use of the term “wherever the normative system of a group contains, as a primary element, a theme of conflict with the values of the total society, where personality variables are directly involved in the development and maintenance of the group’s values, and wherever its norms can be understood only by reference to the relationships of the group to a surrounding dominant culture”. (Yinger 625). To identify Dylan’s role and contribution in this counterculture, his first emergence into music and popular culture may be taken into account, and for this, his beginnings as a folksinger is significant. Bob Dylan’s influences came from varied genres of music but when he first arrived in New York, beginning his career as a singer in a café, amidst singers who were playing different kinds of music, he stuck to folk music which “either drove people away or come in closer. . .”, claiming “Folk songs were the way I explored the universe, they were pictures and pictures were worth more than anything I could say.” (Dylan 18) He was aware of the changes taking place within the country and how these changes affected the music scene but was adamant to stick with what he knew best and admits, “‘50s culture was like a judge in his last days on the bench. It was about to go. Within ten years’ time, it would struggle to rise and then come crashing to the floor. With folk songs embedded in my mind like a religion, it wouldn’t matter. Folk songs transcended the immediate culture.” (Dylan 27) Perhaps Dylan’s choice of sticking to folk music proved to be a wise decision. America, at that time, was “convulsed by the bloody battle for civil rights and the palpable threat of nuclear war, and young Americans, losing faith in the wisdom of their elders, hungered for someone who could voice their inchoate discontent.” (Lynskey 52) and since folk music was often generally political, taking positions against racism and war, and Dylan being the main folk music figure of the time, he emerged as the voice and hero for the youth culture. Many of Bob Dylan’s songs defined social issues such as the Vietnam war and the Civil Rights Movement. The 1960s, the time when Dylan started to rise to fame through his music was the time rebellion against mainstream society was rising among the youth. These rebels adopted a certain lifestyle as opposed to the traditional lifestyle of the mainstream culture as a way of asserting their beliefs, ideals and individuality to an extent and to achieve self transformation. According to James Dunlap, folk music was generally viewed “as a way to understand or promote the common beliefs and aspirations of entire social groups” which provided a way for young people to express their discontent with the mass culture and their parents’ values. (Dunlap 549) As such, Bob Dylan, through his lyrics challenged the accepted beliefs and norms of traditional American society and focuses on individual feelings rather than entire social groups, making his songs a forerunner for the creation of a counterculture. By 1963 and with the release of his first two albums, Bob Dylan (1962) and The Freewheelin’ Bob Dylan (1963), a myth that may never be quashed—that of Dylan, the protest singing prophet was born. All of his most famous political songs were written in a relatively short period, but these became the songs which fixed him in the popular culture imagination. In his autobiography Chronicles: Volume II, Dylan shudders as he remembers the labels slapped upon him—“Prophet, Messiah, Savior.” and recalls how he had confided in a friend, “People are recognizing me, they’re stopping me on the street and asking me what I meant in ‘Blowin’ in the Wind’, and what’s the true meaning in my other songs. They’re driving me flaky. Gotta get out of here.” (Dylan 46) However, there was nowhere to go. It was as though wherever he went, people pursued him looking for answers that were not there. Suddenly, a hero emerged in the form of Dylan. A hero who spoke out things that had never been dared said before. It may be suggested the youth culture that was disillusioned with the wars, racism and oppression by those in power finally found hope in Dylan and his songs, songs that protested and finger pointed the “ruling” class, the class in the form of politicians and leaders. The popular culture and attitude as well as propaganda of the protesters was one thing before Bob Dylan came upon it with his protest songs, and quite another thing afterwards. Bob Dylan began to use his music to show the experiences of injustice within the American society. His protest songs, especially those with political issues often feature particular incidents that have happened in the society wherein Dylan finger-points and blames those in power who used their power to suppress the less privileged. To fully analyse Dylan’s key role in the revolutionary change that occurred in popular culture and how his music altered the cultural values of America, certain theories about popular culture, society, class and power dynamics may be applied while scrutinizing the discourses of his lyrics. For many cultural critics working within the cultural dynamics, mass culture is not just an imposed and impoverished or lower culture, it is in a clear identifiable sense an imported American culture: “If popular culture in its modern form was invented in any one place, it was in the great cities of the United States, and above all in New York.” (Maltby 11) If the claim that popular culture is American culture were really true, it will have to do with the history it has within the theoretical mapping of popular culture. It operates under the term “Americanization” and its central theme is that British culture has declined under the homogenizing influence of American culture. To look into the dynamics of the United States and popular culture, we may consider what Andrew Ross has pointed out: “Popular culture has been socially and institutionally central in America for longer and in a more significant way than in Europe.” (Ross 7) Particularly in the 1950s and 60s, one of the key periods of Americanization, for many young people in Britain and other parts of the world, American popular culture represented a force of liberation, perhaps because in it, the youth, the rebels and the working class people had a voice. The texts, practices and way of living in this popular culture are seen as a form of “public fantasy” (Storey 9) It is a collective dream world and provides “escapism that is not an escape from or to anywhere, but an escape of our utopian selves.” (Maltby 14) It may also be stated that popular culture is the culture that originates from the people, a folk culture which is a culture of the people for the people and is “often equated with a highly romanticised concept of working-class culture construed as the major source of symbolic protest within contemporary capitalism.” (Bennet, 27) With these theories, Dylan’s impact on the liberation that the popular culture of America represented, where the working-class protested against the capitalistic ideals is clearly evident. In order to analyse Dylan’s protest songs and how it contributed to this “public fantasy” and how it provided “escapism”, the historical events that triggered the songs and the topics raised in his lyrics will have to be looked at. His second album, The Freewheelin’ Bob Dylan released in 1963 is often regarded to represent the beginning of Dylan’s writing contemporary words to traditional melodies. Eleven out of the thirteen songs in it are Dylan’s original compositions and includes “Blowin’ in the Wind” which became an anthem of the 1960s Civil Rights movement and is regarded to capture the frustration and aspirations of those affected. The song poses a series of rhetorical questions about peace, war and freedom where Dylan questions; “How many roads must a man walk down Before you call him a man? Yes, how many seas must a white dove sail Before she sleeps in the sand? Yes, ‘n’ how many times must the cannon ball fly Before they’re forever banned? The answer, my friend, is blowin’ in the wind, The answer is blowin’ in the wind.” (Bob Dylan: Lyrics. 1962-1985,7). The song does not necessarily outline or point to the occurrences of the wars or what literally happened, nor does it provide a solid solution to whatever was happening to the society. In this song, Dylan seems to be avoiding specifics but nonetheless captures the impending question “by posing questions that so many Americans were asking: ‘How many times? How many deaths? How many years?’ ” (Lynskey 55) Although it does not tell the exact situations and happenings, “Blowin’ in the Wind” intrigued the listener with its subtle poetic vagueness and although it provides no clear-cut answer, it gave the disillusioned Americans a sense of an escape from the questions that they had suppressed for so long. It became a consensus for a particular group of people, a group of people that formed the popular culture of the time. Another theory applicable to the study and analysis of popular culture is that of the Italian Marxist, Antonio Gramsci’s concept of hegemony. Gramsci uses the term “hegemony” to refer to the way in which dominant groups in society, through a process of “intellectual and moral leadership” seek to win the consent of subordinate groups in society. For him, hegemony becomes a political concept developed to explain the absence of socialist revolutions in the Western capitalist democracies, given the exploitative and oppressive nature of capitalism. As such, it involves a specific kind of consensus, where a social group seeks to present its own particular interests as the general interests of the society as a whole. The existence of hegemony however does not imply that all conflicts within a society, between classes have been removed. It basically suggests “a society in which conflict is contained and channeled into ideologically safe harbours.” (Storey 80) In this sense, hegemony is created by the coming together of a certain group of people with a set of shared ideals, thus forming a popular culture. Through the songs of Dylan, songs that talk about the injustices of wars, racism and the cruelties done to mankind, a social group who shares the same angst and hope come together to create a consensus that contributed greatly to the already existing popular culture whilst forming a new one. For instance, as politicians continued to send more troops to Vietnam, the people began to question the United States’ involvement in the war and expressed their concern openly. Bob Dylan’s song Masters of War came up and signified the ideas and stances of the angry students and youth who were protesting against the war. The song presents the brutality of the war and Dylan blames those in power, the politicians who were in command as evil men who make profit off of the war while young men go off and die, saying: “... like Judas of old, you lie and deceive. . . you fasten the triggers for the others to fire, then you set back and watch when the death count gets higher. . .” (Bob Dylan: Lyrics, 1962-1985, 81). This song shows how little concern the U.S government seems to have for the number of deaths caused by the war since its only interest was winning the war. Dylan is frustrated and angry in this song, exclaiming “you ain’t worth the blood that runs in your veins” and ends it with a threatening message, “till’ I’m sure you’re dead.” He turns the topic of the military-industrial complex into an ancient horror story in which a wrongdoer is pursued by a vengeful spirit. In the liner notes to his album The Freewheelin’ Bob Dylan, he explains himself saying, “I’ve never really written anything like that before. I don’t sing songs which hope people will die, but I couldn’t help it with this one. The song is a sort of striking out, a reaction to the last straw, a feeling of what can you do?” (Lynskey 57). His wish for death upon these “masters of war”, emphasized the true hatred that the protestors had and their genuine desire for the war to end and to have peace within the society. Hegemony no longer pertains to just the power imposed from above. According to Gramsci’s concept of the term, in times of crisis within a society, when the moral and intellectual leadership is not enough, the processes of hegemony are replaced by the coercive power and in this case, it can be said that the people who embraced the popular culture through Dylan’s protest music, rise together to protest against the failing leaders and exercise their own form of power. Using hegemony theory, “popular culture is what men and women make from their active consumption of the texts and practices of their culture industries.” (Storey 81) This may be understood using certain subcultures and in this case, the popular culture or subculture of the youth, the youth culture who protested and formed a distinct culture within the existing culture and embracing the protest music of Bob Dylan to bring about their beliefs and desires. With this concept, popular culture brings about a balance in the society and creates classlessness, what Gramsci calls “a compromise equilibrium” (Storey 71). Michel Foucault’s ideas and concepts about power and knowledge within a society can also be an underlying factor in the study of culture and how these things operate within civilization, within the workings of class and social hierarchies. Foucault is concerned with how knowledge is put to work through discursive practices in specific institutional settings to regulate the conduct of others. He focused on the relationship between knowledge and power, and how power operated within what he called an institutional apparatus and technologies. This approach took as one of its key subjects of investigation the relations between knowledge and power in the modern society. It saw knowledge as always inextricably intertwined in relations of power because it has always been applied to the regulation of social conduct in practice. For him, “Knowledge linked to power, not only assumes the authority of ‘the truth’ but has the power to make itself true. All knowledge, once applied in the real world, has effects, and in that sense at least, ‘becomes true’. Knowledge, once used to regulate the conduct of others, entails constraint, regulation and the disciplining of practice. Thus, there is no power relation without the correlative constitution of a field of knowledge, not any knowledge that does not presuppose and constitute at the same time, power relations.” (Foucault 27) This idea and approach about knowledge and power brought Foucault’s interest closer to those of the classical sociological theories, like Marxism with its concern to identify the class positions and class interests concealed within particular forms of knowledge. Looking into the American culture and society and the happenings of the given time period, power seems to be solely in the hands of the government and the elite officials or the “knowledgeable” politicians and yet the people were subjected to wars, racism and all kinds of injustices under the guidance and leadership of those who assumed the power. Though the American society may be one that is classless, the workings of power and how power is maintained still relied on how an imaginary line was drawn between the rich and the working class. Marxist ideology has argued: “The ideas of the ruling class are in every epoch the ruling ideas, i.e., the class which is the ruling material force of society, is at the same time its ruling intellectual force. The class which has all means of material production at its disposal, has control at the same time of mental production, so that thereby, generally speaking, the ideas of those who lack the means of mental production are subject to it.” (Marx 64) The ruling ideas are thus those of the ruling class which governs a capitalist economy and in turn, power becomes subjected to those of the ruling class. Just like this, in the modern American society too, the people suffered the effects of the wars and the various rules imposed upon them by the “ruling class”. Foucault argued against this classical Marxist theory with the claim that it tended to reduce all the relation between knowledge and power to a question of class power and class interests. He did not deny the existence of classes but strongly opposed to the powerful element of economic or class reductionism in the Marxist ideology. This led him to propose the idea of how power really works within a society, between classes and to whom power is really manifested. Foucault has stated how power is diffused and he challenges the idea that power is exercised by people or groups or the authority through sovereignty and traditional conventions, and instead, sees it as something dispersed. In “Power/Knowledge”, he has maintained: “Power must be analysed as something which circulates, or rather as something which only functions in the form of a chain. It is never localised here or there, never in anybody’s hands, never appropriated as a commodity or piece of wealth. Power is employed and exercised through a net-like organisation. And not only do individuals circulate between its threads, they are always in the position of simultaneously undergoing and exercising this power. . .In other words, individuals are the vehicles of power, not its points of application.” (98) If this theory is to be applied in our analysis and study of the songs of Bob Dylan within the paradigm of popular culture, we may look into how the protest songs of Bob Dylan, how a certain group of people who protested against the happenings of the American society and who embraced Dylan’s songs come together to form a consensus, thereby forming a radical change in the society and in turn, wielded power in their own right. Bob Dylan, with his first album being released in 1962, emerged in the music scene at the time when many Americans were getting tired of the way the government was handling things. His music gave them a sense of hope and inspired them in the protests that were going on in the form of the civil rights movement and many other social activist movements. His songs spoke out and finger-pointed those who were in the position to make a change but chose not to and this was exactly the kind of voice that the people needed. The people’s frustration with issues like racism and an unjust government is also clearly captured by Bob Dylan in his song “The Death of Emmett Till”, a song about a black fourteen-year-old who had been beaten and shot to death in Mississippi in 1955 for “whistling at a white woman” and many regarded that with this song, “Bob Dylan the protest singer was born.” (Lynskey 54). In the song, Dylan vividly describes how the murder must have taken place and perhaps, to highlight how unreasonable and inexcusable the reason for the murder was, intentionally says, “They said they had a reason, but I can’t remember what.” He also seems to be stressing upon the injustices done to black people, where they were ridiculed and suppressed just because of the colour of their skin and how it was as if the white men enjoyed torturing them for this and says: “The reason that they killed him there, and I’m sure it ain’t no lie Was just for the fun of killin’ him and to watch him slowly die.” (Bob Dylan: Lyrics 1962-1985, 29) Perhaps the biggest reason that this song caused such a stir and why it was loved by so many people who protested against the government was the way Dylan spoke out against the corrupt government, a government that would not lay its hand on white men even if they were guilty and confessed to their own crimes: “...to stop the United States of yelling for a trial. Two brothers they confessed that they had killed poor Emmett Till. But on the jury there were men who helped the brothers commit this awful crime, And so this trial was a mockery, but nobody seemed to mind.” Dylan mentions his own disgust at the way things were handled and paints a vivid imagery of the plight of the murderers and the murdered: “I saw the morning papers but I could not bear to see, The smiling brothers walkin’ down the courthouse stairs For the jury found them innocent and the brothers they went free, While Emmett’s body floats the foam of a Jim Crow southern sea.” The song greatly reflects Dylan’s anger and frustration towards a law that was so unjust. He ends the song by reminding the people that such an injustice still exists and asks that they join him in fighting against it: “This song is just a reminder to remind your fellow man, That this kind of thing still lives today in that ghost-robed Ku Klux Klan. But if all of us folks that thinks alike, if we gave all we could give, We could make this great land of ours a greater place to live.” (Bob Dylan: Lyrics. 1962-1985, 17). This kind of a revelation of the bitter truth wrapped up in a hopeful message and encouragement was exactly what the Americans needed. His fans saw in him the power to defy the “ruling class” and through Dylan and his songs, power was manifested in the hands of the working class people, a class embraced by the popular culture. This flux of power within a society is the kind Foucault has stressed upon, wherein he challenged the idea that power is wielded by people or groups by way of “episodic” or “sovereign” acts of domination or coercion and instead sees it as dispersed and pervasive. According to him, “power is everywhere” and “comes from everywhere” and in this sense, it is neither an agency nor a structure. (Foucault 93) It is a kind of “metapower” or “regime of truth” that pervades society and is in a constant flux and negotiation. Similar to this, in the American society, the traditional power may have belonged to those in charge of making the decisions, the politicians and other elite officials who proposed rules such as the segregation in public places between white and black men. They may have had the power to recruit young men into fighting in the wars and they may be seen as the single source of power- the sovereign and the ruling class. However, “power does not function in the form of a chain” but it circulates and is never monopolized by one centre but is diffused and exercised through a net-like organization. (Foucault 98). This suggests that to a degree, we are all caught up in its circulation- the oppressors and the oppressed and likewise, the people of the supposedly “lower class”, the youth, the rebels and the working class people of American culture too exercised their power by defying and challenging the laws through their protests. whilst embracing and promoting the protest songs of Dylan that highlighted certain flaws and injustices of those traditionally assumed to be in power. Bob Dylan joined the social movements and created a stir in the society and triggered the countercultural forces through his songs. Another well-known song “The Times They Are-A Changin’” is a proof that Dylan became a voice of a generation during the 1960s when the American youth was going through a cultural rebellion. According to him, this was “definitely a song with a purpose. I knew exactly what I wanted to say and for whom I wanted to say it to.” (Dylan 75) He calls out to the older generation, to mothers and fathers of the society; “And don’t criticize what you can’t understand, Your sons and your daughters are beyond your command. . .” (Bob Dylan: Lyrics. 1962-1985,27). The lyrics of the song as such describes the generation gap and why the youths were rebelling against the mainstream society. It represents the cry for freedom and Dylan pleads that this younger generation may be given freedom and the opportunity to express themselves and to be accepted for the individuals that they are. “Protest songs are difficult to write without making them come off as preachy and one-dimensional,” Dylan wrote in Chronicles. “You have to show people a side of themselves that they don’t know is there.” (Dylan 87) To do this, at that time in American history, “was to blow a hole in a dam and hope that you didn’t drown in the torrent.” (Lynskey 55) Thus, it was a given that writing and singing such songs would create a stir within the whole society, and that was exactly what the songs of Dylan did. Despite Dylan’s argument that he never really meant to protest through his songs, his lyrics nonetheless proved powerful in creating a distinct popular culture. The class he belonged to, through his music and through the people who embraced it, becomes hegemonic to the extent that it articulated different visions of the world in such a way that their potential antagonism is neutralized. His music signalled the expression of the message of his social and political convictions to an enormous audience, not only in America but worldwide. Undoubtedly, for many of his audience, his music had the effect of enlightenment, awareness and understanding and perhaps, even submission and conversion to, and coming together and bonding for those already convinced of the need to make a change by protesting and defying the injustices. Also, his music made and continues to make profits for the music industry, thereby contributing to a particular economy which is ultimately of financial benefit to the dominant culture. Most of all, his protest songs prove to be a force for change that paradoxically stabilizes to a degree, the very forces of power that it seeks to challenge and overthrow. Dylan laid the foundation for the activists, mostly college students and the youth who fought against the destruction of the system and it may be rightly said that no other artist was able to create the kind of revolution that he did, and he definitely had the greatest impact on that generation. His songs may not have been powerful enough to create a physical revolution nor do they end in one. However, they did start an awareness for the need of a change, a much needed aspect in the creation of any revolution. This chapter will analyse how the working class of a society who embraced the popular culture through protest music defied the traditional elite class, thereby exercising power. It will study the situation of the time, the status and condition of the working class population and how protest music contributed to their protests against those in power, and how this in turn, made them participants in the power structure of the society. For this, Foucault’s concept of power and knowledge and the dissemination of power based on certain Marxist class structures within the society will also be reflected upon. When looking at the history of protest music and the emergence of its popularity as well as its role in society, wars and other issues that cause discontent among the masses, leading to the creation of certain antagonists who transformed their empathy, anger and emotions into song and music, may be considered as the main attribute. This is particularly true in the case of Bob Dylan and his protest songs. Dylan and his music entered America at the time when the country was “convulsed by the battle for civil rights and the palpable threat of nuclear war”. It was the period when “young Americans, losing faith in the wisdom of their elders, hungered for someone who could voice their inchoate discontent” and “1963 America saw the birth of a myth that will never be quashed - that of Dylan the protest-singing prophet.” (Lynskey 52). Between the years 1962 and 1963, with the release of his first two albums, Dylan became one of the most prominent figures among the protest musicians. and the protest scene. It was during this period that most of his famous political and protest songs or songs concerning the various protests and issues of the time and songs that fixed him in the popular imagination were written. In his autobiography Chronicles: Volume One, Dylan recalls and shudders at the labels thrown at him; “Prophet, Messiah, Saviour. . .” (28) and admits to how he was troubled by people recognising him as somebody who could represent them and somebody who could be their voice. “People are recognising me, they’re stopping me on the street and asking me what I meant in Blowin’ in the Wind, and what’s the true meaning in my other songs. They’re drivin’ me flaky. Gotta get outta here.” (42). However, there was no getting out. People began to seek and look for answers in him and his songs. “Protest music was one thing before Bob Dylan came upon it, and quite another thing afterwards.” (Lynskey 54). To study the situation of the period and the condition of the people, the difference in the power paradigm within the society - between the working class and those in power, Foucault’s theory of the power structure in the society may be examined. The 1960s, the period that saw tremendous growth in inventions, music, television and entertainment and art of all forms, was also convulsed by deaths due to racism and wars and assassination of political leaders, threats of more wars and nuclear attacks proposed by some of the leaders, who embody and exercise the ultimate power in the society. As a result of these actions, the masses who embody the lower group, those who were traditionally not expected to embody power and often labeled as the working class of the society were affected the most. This caused distinction between the two, leading the former to manipulate their control over the people and the latter to resist and oppose. In such an environment, power becomes an important factor and traditionally located within the state or the government and this study will attempt to reveal how this power fluctuates. Power, its presence and manipulation of it is foremost embodied by the government. The control may be through the recruitment of soldiers to fight in the war and this recruitment is not always through one’s consent. In such a scenario, it may be said that the control is extreme and may be examined and compared in relation to what Foucault had said in his book Discipline and Punish, “The carceral texture of society assures both the real capture of the body and its perpetual observation.” (Foucault 1995: 29). Here in Foucault’s book, we see an example of a city whose viability has been challenged by a natural disaster, a plague, and this situation which could potentially result in chaos and disorder, offers agency for the government to assume total power and control of its populous, while at the same time, acting or disguising itself as a protector. America, the government and its political leaders, who are to work for the betterment and protection of the citizens, fell short of what was expected of them since under their rule and leadership, the people felt unsafe, insecure and threatened. The external capture and control is carried out in the form of the recruitment of citizens to go into wars where their safety and well-being is not guaranteed, while the internal capture depends upon the observation of the citizens by the government wherein they are not free and are traumatized by fear and the effects of the wars. Foucault has also introduced what he terms as “technologies of punishment” and within these technologies, there are two representations of punishment—Monarchical Punishment which refers to the public and torturous punishments that was present during the Eighteenth century, in which the “dysfunction of power was related to a central excess. . .which identified the right to punish with the personal power of the sovereign.” (Foucault 1995: 80) The other is Disciplinary Punishment which refers to the punishment or incarceration of offenders and is “isomorphic with obligation itself.” (180) To link these concepts with contemporary society, Foucault borrows an adaptation of Jeremy Bantham’s concept of the Panapticon to demonstrate the impact that surveillance and constant control and observation has not only on individuals in institutions like prison, but also on society as a whole. The Panapticon is an annular building with various cells, with a tower in its centre from which every cell where a prisoner is kept can be seen, but the prisoner cannot identify from where he is being monitored. The Panapticon denotes the idea that “Visibility is a trap.” (200) Each prisoner is seen but he cannot see or communicate with the warders or with the other prisoners, and hence “he is the object of information, never a subject in communication.” and this “invisibility is a guarantee of order” (200) which implies the functioning of power from a higher authority, ensuring that “. . .power should be visible and unverifiable.” (201) Very similar to this, the U.S government exercised their control upon the people in which the people are made aware that they are under its control, yet they are left powerless to the point that they do not have the voice to speak up for their own rights, wants and opinions against the societal injustices like wars and unfair treatments like racial discrimination and white supremacy. In such an environment, the power structure of the society comes into question. The power structure within a society has also been examined by Foucault. If the Panapticon is taken as an example again, it can be suggested that Foucault has outlined the imperative modalities for the individuals to become imprisoned not just physically but also internally, and monitored by their own sense of imprisonment and control. He describes four practices which include the establishment of a power hierarchy, segregation, training and military surveillance. These practices can be examined in relation to the contemporary U.S society by looking into the governmental workings of the country. Although the contemporary society has done away with sovereignty in terms of kingship and rulers, an invisible line is still drawn between the people - between the working class and the government officials, between the proletariats and the capitalists. This can be seen as a form of class heirarchy. The segregation that Foucault has talked about is also evident in this class structure. Thirdly, the practice of training is also an integral part of the state’s governance in the form of the recruitment of citizens for soldiers to fight in the wars. Such a practice can be analysed under what Foucault has stated, “...the great confinement on the one hand, the correct training on the other.” (223) The fourth practice that Foucault has pointed out which is of the military surveillance is seen wherein the citizens are under the observation of the government or where there is unfair treatment, in which black people were unfairly treated and even killed, and where the killers were protected by the law. In such a situation, the black man is subjected to a constant fear and is void of equality and personal freedom, which can be related to Foucault’s statement, “Each individual is fixed in his place. And if he moves, he does so at the risk of his life, contagion or punishment.” (195) Thus, there is loss of individuality and loss of freedom for expression due to the control by such a power structure. This results in the loss of any agency which leads to the loss of the ability or willingness to fight against those in power, just as Foucault has stated, “He who is subjected to a field of visibility and who knows it, assumes responsibility for the constraints of power...becomes the principle of his own subjection.” (207) This statement proves significant in the way the citizens assumed power to be in the hands of the government and thereby, are incapable of fighting against it. For a time, before movements and protests sprung up, it can be said that the people’s sense of self and power had been diminished to the extent that they had become complicit in their subjugation. Foucault has also given a form of discipline that was introduced and prevalent during the Seventeenth and Eighteenth century in Europe to show how a body can be “docile” in order to fulfill the controlling power’s motive, order or regulation. According to this idea, “The classical age discovered the body as object and target of power. It is easy enough to find signs of the attention then paid to the body—to the body that is manipulated, shaped, trained, which obeys, responds, becomes skilful and increases its forces.” (136) For him, this method is different from slavery which was “based on a relation of appropriation of bodies”, instead, here, there is a “scale of control...working it ‘retail’, individually, of exercising upon it a subtle coercion”. There is also the “object of control: it was not or was no longer the signifying elements of behaviour or the language of the body, but the economy, the efficiency of movements, their internal organization.” There is also the “modality” which is “an uninterrupted, constant coercion...exercised according to a codification.” (137) In this docility-utility, the “disciples became general formulas of domination.” This disciple does not merely produce “subjected and practised bodies, ‘docile’ bodies” but also “dissociates power from the body” and becomes an “‘aptitude’, a ‘capacity’. ” (137-138) This means that the energy produced by the body is disciplined, developed and controlled and reversed. It becomes a power of subjection and with Foucault’s concept, the docile body is made to be more intelligible and useful. Similar to this, the government often educate or manipulate the people to reverse their view and positions. By recruiting them as soldiers to fight in wars without their consent, they teach the citizens to recognise their bodies as the property of the nation, a one unison body that is no longer a liberated body but a restrained body. In this way, the control that the government or the authority has over the body of the citizens embodies Foucault’s theory of disciplinary power and the docile body. The recruitment of young men in the army is significant because it is their young age and often, lack of experience and knowledge that makes them more docile. The government is manipulative because it lures these soldiers into the war with the promise of a good name and medals, employing a seemingly metaphor of a “hero”, which is a subtle and manipulative form of control and coercion. This is clearly reflected in Bob Dylan’s protest songs like “Masters of War” (1963) that reveal the government’s corrupt practices and involvement in the wars. Their control over the soldiers, the “docile bodies” is evident and according to Dylan, they “build the death planes. . . lie and deceive fasten the triggers for the others to fire. . . then sat back and watch when the death count gets higher.” (Bob Dylan: Lyrics 1962- 1985, 81) The government subtly manipulates and exercises a form of control and coercion to these “docile” bodies into entering the wars. This is also evident in Dylan’s song “John Brown” (1962) where John Brown went off to war and his mother, another “docile body” is being controlled by the government into believing his son is a hero in his uniform and will be a hero when he returns with his medals. However, she could not even recognize him when he returns because of the physical and mental damage that the war has caused him. (69) Marxism, a scientific theory of human societies propounded by Karl Marx and later on, till date, shaped by the Marxists, has a significant role in the transformation of human societies. Marxist Criticism is part of a larger body of theoretical analysis that aims to understand ideologies like the ideas and values by which man experience the society, and Marxist Literature attempts to highlight this through the class structures and economic differences within a society. In the Marxist theory, the concept of class places greater burdens on its theoretical foundations and Marxists argue that class or the economic base was at the center of a general theory of history, which they often refer to as “historical materialism”. This was initially stated in The German Ideology by Marx and Engels themselves who claim, “The production of ideas, concepts and consciousness is first of all directly interwoven with the material intercourse of man, the language of real life”. (Eagleton, 4). Hence, this materialism brings into light the concept of “class struggle” and the difference between the capitalists and the proletariats. This struggle that exists in a society, between men and how the capitalist class owns the means of production, buying the labour-power of the proletarian class for profit is highlighted and focused upon by the Marxist theory. Upon a Marxist study of certain societies, this notion of class struggle and differences can be seen pertaining to the workings of certain social structures. This study situates the power structure between the working class of the population who embrace and signify popular culture and that of the class traditionally assumed to have power, the class in the form of the government, the politicians. In this case, if the working class people are the proletariats, the government is the capitalist. A defining and recurring factor in the American society is the American Dream which is a national ethos of attaining certain ideals like liberty, democracy, rights, opportunity and success through hardwork. Often, this American Dream has become a pursuit of material prosperity and perhaps, has proved to be beyond the grasp of the working class. It can also be regarded as the pursuit of a simple, fulfilling life with less focus on material and financial acquisition. Either way, it suggests a better living. This American Dream has proved most significant and contentious in the area of class within a society. According to Lawrence Samuel in his book The American Dream: A Cultural History, “Part and parcel of the framework of class is the notion of upward mobility, the idea that one can, through hardwork...climb the ladder of success and reach a higher social and economic position. For many in both the working class and the middle class, upward mobility has served as the heart and soul of the American Dream.” (7) However this dream has often proved futile and this “upward mobility” has become “even a greater myth than the Dream itself.”, causing to create a wider gap between the classes. The manipulation of it can also be seen in which “the government has employed it as a tool of propaganda...a powerful ideological weapon of persuasion.” (7) In such a scenario, the dream ironically becomes a nightmare for the people. During the time of the Great Depression and the war years, this dream seemed to be the only hope for the people in despair, the hope to retain economic, social and individual being. At the same time, due to unfair workings of the society and the government, this dream was more than often diminished. This result is in opposition with what the dream has initially been regarded to be. Lawrence Samuel quotes James Truslow Adams, who in his 1931 book The Epic of America, defined his idea of the American Dream; “The dream is a vision of a better, deeper, richer life for every individual, regardless of the position in society which he or she may occupy by the accident of birth. It has been a dream of a chance to rise in the economic scale, but quite as much, or more than that, of a chance to develop our capabilities to the full, unhampered by unjust restrictions of caste or culture. With this has gone the hope of bettering the physical conditions of living, of lessening the toil and anxieties of daily life.” (13) This idea is the true essence of the dream. However, Adams argued that this concept has lost its notion and purpose and “its guiding philosophy forgotten in the wild pursuit of money. . . ‘The dream of a richer, better, fuller human life for all citizens instead of for a small class had been turned by our leaders and ourselves.’ ” (13-14) This proves that the ideals and morals of the dream had been hampered, and instead of providing equal opportunities, had often resulted in the creation of a wider gap between the rich and the poor, the privileged and the non-privileged, the powerful and the powerless. This failure in the idea of the dream can be linked with Marxist idea of class struggle, wherein the rich became richer and the poor became poorer. America, from the 1920s to the Great Depression of 1929 till date, has experienced a great economical and social change, resulting in certain class struggles that shaped their lives. This can be analyzed under the light of Marxism as seen in The Preface to A Contribution to the Critique of Political Economy (1859), which claims that, “In the social production of their life, men enter into a definite relations that are indispensable and independent of their will. . . The mode of production of material life conditions the social, political and intellectual life process in general. It is not the consciousness of men that determines their being but on the contrary, their social being that determines their consciousness.” (Eagleton, 4). As such, the people are affected by their economy and the changes which in turn, affected their consciousness and their social being, their position as well as their relationships with others within the society. This is evident in the American society during the 1960s, on which this study is particularly situated. Bob Dylan, with his ability to put into writing his surroundings, clearly captured the prevailing situation of the time in his songs. He highlights the conflicts of the time and questions when the people would finally have freedom in his song “Blowin’ in the Wind”, asking, “How many years can some people exist before they’re allowed to be free?” and questions how long the authority would neglect the plight of the people, “How many times must a man turn his head, pretending he just doesn’t see?” (Bob Dylan: Lyrics 1962-1985, 77) He also pinpoints the people responsible for the wars and deaths due to racial discrimination, calling them “masters of war”. (81-82) The 1960s or the Swinging Sixties, particularly in America goes hand in hand with what is known as counterculture. World War II had ended, the country was relatively prospering, yet it saw the rise of protesters and movements against the prevailing politics and governance of the country. The decade witnessed the assassination of John F. Kennedy, the Vietnam War was still going on and there were threats of a nuclear war and the assassination of Martin Luther King Jr. At the same time, there was huge growth in inventions, economy, technology and art of all forms including the first man landing on the moon. The United States, home to the Statue of Liberty, (Liberty Enlightening the World) that depicts its independence, is an icon for freedom and opportunities and a landmark for many immigrants. Significantly, it is home to many racial groups, ethnicities, cultures and religion, and for its citizens and the world, it represents freedom, opportunities and hope. “The U.S government was democratic and designed to protect the people’s right to life, liberty, and the pursuit of happiness.” (“Home Front Turmoil: The 1960s.”) However, the governance within the country often contradicts with this theory. For instance, the people lost their beliefs in this idea of freedom due to the ongoing Vietnam War and threats of nuclear war with the Soviets. The principles of equality and opportunity was also not entirely guaranteed since blacks were not entirely equally treated. Protesters of wars and riots over inequalities that black people faced broke out all over the country. The country’s principles of democracy and its commitment to equality, justice and freedom was highly in question due to these happenings and it appeared as though the U.S system had failed miserably. Dylan brought to light these problems in his protest songs. The failure of the establishment to protect its citizens and instead, its tendency to discriminate and manipulate is seen in songs like “The Death of Emmet Till” where white supremacy is highlighted through the murder of a young black boy and where the white murderers are found not guilty. In this internal conflict, it is the powerless against the powerful, the working class against the upper class, the youth against the older generation and the concept of power struggle within a society is put into perspective. Michel Foucault has notably indicated that “Where there is power, there is resistance.” (1990: 95) For him, “These points of resistance are present everywhere in the power network. . . resistances that are possible, necessary, improbable. . . by definition, they can only exist in the strategic field of power relations.” (95-96) Therefore, power, in any form, affirms the existence of resistance and vice versa. The first form of power, in this context is power exercised by the government, in the form of its leaders and politicians, and to signify or exemplify Foucault’s statement, this power is resisted by the people. The Americans, traumatized by war and social injustices, grew weary of the country’s governance. The world was growing in technology and for the first time, the Vietnam War was broadcasted on television, and the public was easily informed of the tragedies of the war. The U.S government, in order to increase its troop in the war, recruited all eighteen-year-old citizens who were not in school or college to enter the military. Hence, many had to enter the war with no consent on their part and this upset the public tremendously. At the same time, racism was a prevailing issue in the society. The people, the youth especially, started to demonstrate their anger and frustration towards the government through protests. Demands for peace and equal opportunities were their main propaganda. The happenings in America was contradictory to the country’s ideals, and its devotion to democracy and justice was thus put into question since it was evident that racism and violence were still condoned. Hence, the prevailing power was resisted, challenged and attacked by the people. The “lower” class group of the society now becomes a participant in the power structure. This signifies the stance that “No longer is power considered a unitary, constant force that emanates a particular social class or institution; rather, it is seen as a complicated, more tenuous fabric of hegemonic forms.” (Constable 12) The power, conventionally believed to exist autonomously in the hands of the government now becomes fractured by certain acts of resistance, making the two “coexist and constantly reassert themselves against each other.” (13) In this context, the resistance that is being put up through protests and social upheavals gave way, and at the same time, is thoroughly supported and given an agency by the countercultural movement of the time. Usually understood as a culture created outside the mainstream culture, it is a product of what Theodore Roszak termed as the “technocracy’s children”, “…the creation either of youth who are profoundly, even fanatically, alienated from the parental generation, or of those who address themselves to the young.” (Roszak 1) The existing culture or domination is challenged by this counterculture, usually embraced by the youth, and Roszak also raises the question as to why it has to be them; “Why should it be the young who rise most noticeably in protest against the expansion of the technocracies?” (22) To this, he claims that there is no right answer but “the young stand forth so prominently because they act against a background of nearly pathological passivity on the part of the older generation.” (22) It is thus the youth who protest, who challenge the existing authority and move outside the mainstream culture to create a counterculture because of their dissent with what has been practiced and followed by their parents and the older generation. Dylan’s music and lyrics proved useful for the younger generation who wanted to move away from the older generation’s ideals and beliefs since they no longer proved efficient to the requirements of the time. Counter-cultural movements have been evident in certain parts of the world. However, one of the earliest and the most prominent may be the 1960s counterculture movement of the United States, triggered by the Civil Rights movement, protests against the Vietnam War, threats of nuclear wars and the overall demand for human rights, equality and peace. Since the movement, as pointed out, is created by the younger generation, it often started in college campuses by students and even outside the campuses, was joined by young rebellious people. Since this counterculture is intricately linked with youth culture, the lifestyle, norms, habits and beliefs adopted by the youth play a significant role in its creation. One of the major elements adopted by the youth culture is music and it also became an important feature of the counterculture movement. Music and lyrics became a weapon for protests and the musicians’ role in it is thus extremely significant, and Bob Dylan’s role is perhaps one of the most important in this context. According to Peter Doggett in his book There’s a Riot Going On (2007), “No one signified the ambiguous relationship between music and revolution more accurately than Bob Dylan.” and regarded him as “a beacon of radicalism by the counter-culture.” (6) His songs signify what the youth wanted to say, challenges the government with the bitter truth, contributed to the counter-culture of the time, moving away from the existing mainstream culture and became an instrument in the medium to defy and challenge who and what was traditionally believed to be in power. The “docile bodies”, by the creation of this counter-culture and embracing it and using it as a weapon to defend themselves now actively and consciously resist domination and are no longer completely docile. Even if they have not completely become equal players in the field of power, by resisting it and acting upon it, have become active participants and often, power is maintained by them in the power structure within the society. This chapter will analyse the literary quality of Dylan’s protest songs and will attempt to dissect the ambiguity in his lyrics. In doing so, it will attempt to reveal Dylan’s own narratives on the protest. Protest songs, by definition, would simply suggest songs with texts that consist of protests against wars, racial discrimination and other injustices of society. The lyrics are often a cry for help, a plea to the concerned, an awareness for the public and a voice for the subjects. Bob Dylan’s protest songs address a variety of such issues, making him a writer of a song considered to be an anthem of the Civil War, wherein, he emerged as one of the most important figures in pop-culture history. Historically, the tradition of protest songs, particularly in the U.S., dates back to the Eighteenth century and the Colonial period, the American Revolutionary war and its aftermath. Protest songs, being part of popular music and popular culture, have become an important instrument in bringing a change within a particular culture. Protest songs, in a way have emerged as a genre that is capable of bringing a change within a particular country, and Bob Dylan’s protest songs, with the issues raised in it, have captured the voice of a generation. Lyrical ballads, poetry or songs have been used to express the full spectrum of human emotions, thoughts, feelings and concerns. As much as a love song lyricist or a romantic poet expresses love and romance and beauty into a song or a poem, the protest song lyricist expresses discontent and anger and proclaims social needs in the protest songs. Bob Dylan’s protest songs are angry, vivid and are a cry for redemption. Some of the songs depict actual incidents and occurrences while some are ambiguous as to what the main content is. At the same time, they all address the need for a better, more peaceful living, hoping for a change while attempting to contribute a solution to the problems faced. To comprehend Dylan’s lyrics and interpret them to show his own narratives, the discourses of popular music will have to be considered. There may be certain discourses that determine the way we interpret popular music and they may contribute to how we assess what is good or bad, what is significant and what is trivial. As such, the essence of any song or a musical piece is not so much in themselves but in the discourses attributed to them. These discourses may be varied and subjected to the listener. However, according to David Machin in his book Analysing Popular Music: Image, Sound and Text (2010), authenticity is one of the underlying discourses. “The discourse of authenticity is at the heart of the way we think about music and can be seen signified in the different semiotic modes through which artists communicate, through their sound, looks, lyrics and what they say in interviews.” (Machin 14). He takes blues music as an example of an authentic genre because it “is viewed as an authentic expression of an oppressed race- music from the heart- in contrast to the formality of the classical tradition of concert music from Europe, it is considered to be the archetype of music that genuinely expresses true emotion and feeling.” (Machin 14) Taking this into consideration, folk music, the genre that Bob Dylan is known for, may be examined for its authenticity. Folk music is “music that originates in traditional popular culture or that is written in such a style. Folk music is typically of unknown authorship and is transmitted orally from generation to generation.” (Merriam Webster) Having no distinct owners or particular composers, this traditional folk music suggests history of any particular group of people, whose story, feelings and emotions have been captured and put into song, passed down from generation to generation, either written down or by word of mouth. Hence, in this case, its authenticity lies in the fact that it tells the factual happenings, sentiments and stories of the people. Bob Dylan’s music on the other hand, belongs to the more recent form of folk music, folk music of the twentieth century, a new form of folk music that evolved from the traditional folk music and “its definition came to be based on a new set of criteria revolving around the taint of the commercial, of politics, and of class.” (Gelbart 256) It is significant that Bob Dylan protested in his lyrics under the genre of folk music and authenticates it since “authenticity is about conviction and expression of emotion.” (Machin 18) In his folk protest songs, Dylan writes with conviction and expresses his sincere feelings and emotions about the time, what he feels is wrong and what must be done. Dylan’s appearance on the scene is also very relevant because for a time, before him, folk music had seen a subtle decline in the United States as well as in other parts of the world. Along with a few other folk musicians, Dylan entered the scene at the time when the genre was revived, reaching its zenith in the 1960s. To analyse the literary quality and authenticity of Dylan’s protest songs, another discourse about the meaning of music may be studied. This discourse is how music “relates to our body and mind and how we can use music to express ourselves.” (Machin 18) One way of understanding this is how an audience or a listener responds to a certain type of music. Classical music or operas may require full contemplation and silence while in rock concerts, the audience may be loud and aggressive. This suggests that there is no doubt certain ways in which the body relates and reacts to a certain type of music and that there is a difference between listening with the mind and listening with the body. This difference has “its origin in the Romantic dichotomy between nature and culture and their corresponding associations with feeling and reason. Feelings were therefore associated with the body as opposed to the intellect.” (Machin 19) Bob Dylan’s music, since it is part of popular music, embraced by popular culture, and specially with its honest content, has the quality to challenge the authority. It is music of the body, it is angry, honest and passionate, with the literary quality that need not to be contemplated and analysed by its audience, but to be embraced, agreed upon and followed and it is this association with the body and the natural and not of the mind and culture that has allowed popular music to come to be seen as a way of casting off bourgeois inhibitions. (Frith 124) It acts as a way of challenging the traditionally superior and social conventions and Dylan’s songs manage to convey the message of frustration, discontent of the masses because it is music of the body that needs no further explanation. “The distinction between the body, instinct and feeling as opposed to the mind, intellect and reason sets up the idea that music of the body is free from restriction of the intellect and of high culture. So artists, simply through using certain sounds and visual references that connote this discourse, can indicate that they are of the body, the low brow and not of the bourgeoisie repressed social condition.” (Machin 19). Another discourse suggested by Machin that may be looked at when studying music is its association with “subcultures”. Subculture may be explained as the culture that deviates itself from a larger culture, with particular interests, opinions and beliefs. The people following and embracing a particular subculture may adopt a certain kind of style, habits, language and overall way of living. Each music genre is capable of creating its own subculture, depending upon the situation of its time. For instance, punk music creates its own subculture where its followers may don bright dyed hair with spikes and wear torn clothes to show their rebellion as explained by Dick Hebdige in his book Subculture: The Meaning of Style (1970), “The unlikely alliance of diverse and superficially incompatible musical traditions, mysteriously accomplished under punk, found ramifications in an equally eclectic clothing styles which reproduces the same kind of cacophony on a visual level.” (26) Such a subculture created by punk music combined such elements to communicate a particular way of life. With their loud music, loud clothing, how they spoke and their choice of behaviour, they showed their disillusionment and were able to challenge and speak against the mainstream culture. In the same way, country music may require cowboy hats and boots to highlight their roots and way of living. Bob Dylan’s music was at its peak during the 1960s, at the time when folk music was revived. This was the period when America was agitated by the civil war and the threat of a possible nuclear war. The young Americans, starting to lose faith in the government and their elders who were supposed to pave the way for their betterment, hungered for someone or something that could voice their concern and discontent. They wanted peace and brotherhood. They needed a medium through which they could channel their opinions and music was just the right tool for it. Bob Dylan’s protest songs did not just capture the wrongdoings of those in power but also beautifully express the feelings and desires of the people. This enabled them to peacefully express themselves and for once, their voice was heard. Thus, through Dylan’s music, his followers began to form a subculture that had a coherent view and criticism of the government and the society and they were able to show their discontent through the directness and honesty of Dylan’s lyrics. Bob Dylan’s lyrics are either very straightforward or very ambiguous and their interpretations can be varied. In Chronicles: Volume One (2004), Dylan recalls how he was often stopped on the streets by people who wanted to know the true meaning of his songs. One of his most well known songs, a song Dylan sang at the March on Washington for Jobs and Freedom on August 28, 1963, where Martin Luther King Jr. gave his famous speech is “Blowin’ in the Wind” from the album The Freewheelin’ Bob Dylan (1963). The song even came to be known as an anthem of the civil rights movement and is still celebrated worldwide. The song consists of rhetorical questions where Dylan does not provide a solid solution nor does he address it to anyone in particular. It does not talk about any war or injustices in detail but simply questions: “How many roads must a man walk down Before you call him a man? Yes, ‘n’ how many seas must a white dove sail cBefore she sleeps in the sand? Yes, ‘n’ how many times must the cannon balls fly Before they’re forever banned? The answer, my friend, is blowin’ in the wind, The answer is blowin’ in the wind.” (Bob Dylan: Lyrics. 1962-1985, 77) This song is one of the most ambiguous among all Dylan’s songs because unlike his other songs where he directly refers to the government or where he mentions the names of the victims of injustice, it refers to nobody in particular but at the same time, can be seen as a song meant for all. He seems to be questioning how many battles and hardships, internally or externally a man has to go through in order for him to be deemed worthy, to be called a “man”, and also how many violence and wars will we encounter before we can finally have peace. Even though this song does not literally highlight actual happenings, Dylan manages to bring across the problems faced by the country at the time in this song. He continues to question: “How many years can a mountain exist Before it’s washed to the sea? Yes, ‘n’ how many years can some people exist Before they’re allowed to be free? Yes, ‘n’ how many times can a man turn his head, Pretending he just doesn’t see? The answer, my friend, is blowin’ in the wind, The answer is blowin’ in the wind.” (77) Dylan’s genuine concern about the country is evident in these lines where he questions how long it would take for the people to be truly free from the shackles that bind their freedom and wonders how long the authority would turn a blind eye to the people in despair. It expresses the hardships faced by the minorities, or particularly the blacks. The refrain of the song where he keeps on repeating that the answer to all these questions is blowing in the wind may suggest that Dylan himself is not sure whether a solution would arrive soon but at the same time, he also provides hope for the people in need, by reminding them that the answer to their problems is somewhere to be found and that it will be found. “Blowin’ in the Wind” indeed captured the essence of the time and served as a tool to protest by delivering a message to its audience. The song may not have been powerful enough to start a physical revolution but it had the “potential to comment on society, politics and prejudice, . . . ‘protest’ and perhaps play some part in the struggle to bring about a better world” (Negus 99). It remains as one of the most covered songs of Bob Dylan and the ambiguity of this song proves significant because more than fifty years after its release, it is still relevant to the happenings of the country, where equality or human rights is still often sought for, and the answer to whether such basic social equalities will be found or not is blowing in the wind. “Masters of War” from the same album is a more vivid song where the masses’ anger and concern over the Vietnam war is portrayed. “The U.S Army’s role in Vietnam was to establish a safe environment within which the people of South Vietnam could establish a government that was independent, stable and freely elected. . . .” (Rottman 6). The U.S government’s explanation and stance seemed beneficial for all parties, yet as the war continued, more lives were lost and the people felt unsafe and betrayed. As more troops were sent to Vietnam, more blood was shed and the people began to question the U.S.’s motives and involvement and started to express their concern openly. Protests were held by young college students and when the song was released, it served as an important instrument for these protests since the lyrics captured the stance of the angry protesters. In the song, Bob Dylan openly blames and attacks the men in power, the politicians and calls them evil for making profit off of the war while they send the young men of the country off to the war only to die. He bravely calls them out, claiming that he can see through the mask that they put up and blaming them as the creators of the war: “Come you masters of war You that build all the guns You that build the death planes You that build the big bombs You that hide behind walls You that hide behind desks I just want you to know I can see through your masks.” (Bob Dylan: Lyrics. 1962-1985, 81) Bob Dylan condemns the “masters of war” and claims that they “build to destroy”, highlighting their cowardice when trouble lurks: “You put a gun in my hand And you hide from my eyes And you turn and run farther When the fast bullets fly... When the death count gets higher You hide in your mansion...” (81) The extremeties of the damage caused by these “masters of war” is clearly depicted by Dylan who shows that their wrongdoings are so deeply rooted to the extent that he even fears for the future generation: “You’ve thrown the worst fear... Fear to bring children Into the world...” (82) The song resonated with the young protesters of the time because Dylan places himself as the youngling subjugated by the elder. He is aware of his youth but is adamant to not let them take his naivety for granted and bravely proclaims: “You might say that I’m young You might say I’m unlearned But there’s one thing I know Though I’m younger than you Even Jesus would never Forgive what you do.” (82) This bold, aggressive voice was exactly what the young, rebellious protesters needed. Dylan’s choice of language in this song is loud, angry and straightforward. It bravely cursed the wrongdoers and rightly captured the angst of the youth and in it, they found an outlet for their disillusionments and frustrations: “And I hope that you die And your death’ll come soon I will follow your casket In the pale afternoon And I’ll watch while you’re lowered Down to your deathbed And I’ll stand o’er your grave Til I’m sure that you’re dead.” (82- 83) It has often been said that Dylan wrote his song “A Hard Rains A-Gonna Fall” (1962) in response to the Cuban Missile Crisis. In the introductory note to Dylan’s 1963 album, writer Nat Hentoff quotes Dylan as saying that this song “is a desperate kind of song...it was written during the Cuban Missile Crisis of October 1962 when those who allowed themselves to think of the impossible results of the Kennedy-Khrushchev confrontation were chilled by the imminence of oblivion...Every line in it is actually the start of a whole song. But when I wrote it, I thought I wouldn’t have enough time alive to write all these songs so I put all I could into this one.” (Bob Dylan: Lyrics 1962-1985, 62). The “hard rain” in this song has often been interpreted literally as the “atomic rain” perpetuated by the missiles but it can be seen that it is not just about the nuclear war but how the people have been manipulated and deceived, and Dylan also explains that this “hard rain” that he says is going to fall in his song is actually “the lies that are told on the radio and in the newspapers, trying to take people’s brains away, all the lies I consider poison.” (Dylan 65). The song, although it has themes related to war and destruction, is nonetheless beautiful and poetic in terms of Dylan’s choice of language and diction. Like many of his other songs, he starts each line with a question, addressing his “blue-eyed son”, his “darling young one” and this can be regarded as his attempt to speak to every American. He asks: “Oh where have you been, my blue-eyed son?... Oh, what did you see?... And what did you hear?... Who did you meet?... Oh, what’ll you do now, my darling young one?” (Bob Dylan: Lyrics. 1962-1985, 86-87) Bob Dylan is aware of the impending doom and the song encompasses a wider message of injustices done to the people by the government by keeping them in the dark and feeding them false information through the media that they control, and concludes that he knows a “hard rain” is going to fall like “the pellests of poison that are flooding their waters.” (87) The song was released at the time when the Americans knew that there was something wrong and the song proved as a medium to voice their concern. Many spoke up about the relevance of the song and highly praised it for its honesty and its ability to say what was needed to be said. In the documentary based on Bob Dylan, No Direction Home (2005) directed by Martin Scorsese, the poet Allen Ginsberg talks about his reaction upon hearing the song, saying, “…And I heard “Hard Rain”, I think. And wept. ‘Cause it seemed that the torch had been passed to another generation. From earlier bohemian, or Beat illumination. And self-empowerment.” (Ginsberg, No Direction Home.) In 1964, Bob Dylan released his album The Times They Are A-Changin’ and although Dylan continues to claim that he never really meant to protest through his songs, his concern with the happenings in the society, humanity as well as with politics started to reveal itself. This album includes more songs directed towards the government, underlining its evils. Some of the songs are now even from straightforward, depicting incidents in their actuality. It includes songs like “Only a Pawn in Their Game”, a song about the murder of Medgar Evers, a Civil Rights activist. Dylan first sang this song in Greenwich, Mississippi at a Civil Rights battle. The “pawn” in this song is actually the white murderer and by positioning him as one of the victims, as the “pawn” in this murder, Dylan manages to show just how immoral and corrupted the system is. He describes the murder but claims that the murderer cannot be blamed for “He’s only a pawn in their game”, and is convinced that it is the politicians who manipulate the majority of the white men in thinking that they are better than the blacks. These politicians preach: “You got more than the blacks, don’t complain. You’re better than them, you been born with white skin...” (Bob Dylan: Lyrics 1962-1985, 138). Dylan also claims that the white man becomes a tool of those in power, like the deputy sheriffs, the marshals and the cops who are paid by the government. He shows how manipulative the government has been and how it has embedded in the minds of the people the white supremacy, teaching that the white man can do no wrong because it has the government to protect him: “He’s taught in his school From the start by the rule That the laws are with him To protect his white skin So he never thinks straight ‘Bout the shape that he’s in But it ain’t him to blame He’s only a pawn in their game.” (139) “With God on Our Side” is another precise, straightforward song that describes the implementation and consequences of wars. It addresses the inclination or tendency of any land or country, its citizens, any tribe, society or nation to be of the notion that God is on their side, regardless of their actions and motives, as opposed to anyone that they are in conflict with. Dylan opens the song with how he has been conditioned by the laws to believe that the land he was born in has God on its side, and he mentions several disastrous historical events. He seems to be conveying the message that even though evil acts are done upon people, the perpetrators always have the tendency to justify their acts with the belief that God is on their side, and that things are done in the name of God, things not condoned by God. He describes the massacre of the Native Americans in the Nineteenth century, the Spanish-American War, the Civil War and depicts the deaths. These wars were bloody and many lives were lost. It resulted in nothing good, yet the actions and consequences were rationalised with the belief that God was there. (Bob Dylan: Lyrics 1962-1985, 132). Dylan also clearly highlights the first and second World Wars in this song, describing his inability to comprehend the purpose of these wars and mentions how the effects did not really matter because they had God on their side: “The reason for fighting I never got straight But I learned to accept it Accept it with pride For you don’t count the dead When God’s on your side” (132) Dylan does not only situate God on their side but also shows the tendency of every nation to believe that they have God on their side, and how once there is peace, the destruction is neglected by both parties: “When the Second World War came to an end We forgave the Germans and we were friends Though they murdered six million In the ovens they fried The Germans now too Have God on their side.” (133) After a detailed description of the many wars that America had encountered, Dylan looks for a conclusion and makes a biblical reference where he talks about how Jesus Christ was betrayed by Judas Iscariot. In Luke 22:48, Jesus is betrayed by Judas with a kiss. Judas is the enemy, the traitor and Dylan seems to be showing the complex nature of everyone’s belief that they have God siding with them by questioning whether Judas too had God on his side: “...Jesus Christ was betrayed by a kiss But I can’t think for you You’ll have to decide Whether Judas Iscariot had God on his side.” (133) God’s involvement and predestination becomes an issue and a complication for Dylan in this song. He ends the song admitting that he is confused and “weary as Hell”, and ironically leaves it to God to decide: “If God’s on our side He’ll stop the next war.” (133) As Dylan released more songs, it became clear that whether intentionally or unintentionally, he became a much needed voice in the ongoing protests. His songs did not only condemn the government and its workings but many also speak up for what needs to be done. “The Times They Are-A Changin’”(1964) is one such example, and according to Dylan, a song that “…seems to be what people want to hear.” (Heylin 126). The song has been influential for people’s views on the government, the society and their time, creating an awareness that change has to be made and that change is coming. In the song, Dylan calls how to the people to be aware of what is happening around them and to accept the reality that time and things have changed, and to do something about it: “Come gather ‘round people. . . If your time to you is worth savin’ Then you better start swimmin’ Or you’ll sink like a stone For the times they are a-changin’ ” (Bob Dylan: Lyrics 1962-1985, 127). Dylan speaks directly not only to the people but also confronts writers and critics, senators, congressmen and the older generation of the country. He motivates these writers and critics who have the power to voice their opinions and asks the politicians to pay attention to this calling: “Come writers and critics Who prophesize with your pen And keep your eyes wide open The chance won’t come again. . . Come senators, congressmen Please heed the call There’s a battle outside and it is ragin’ It’ll soon shake your windows And rattle your walls For the times they are a-changin’.” (127-128) This song also addresses the older generation of the country who are perhaps in opposition to the youth culture of the moment, who expressed their opinions and wants of a better, more peaceful world by embracing the “hippie” culture: “Come mothers and fathers Throughout the land And don’t criticize what you can’t understand Your sons and your daughters Are beyond your command Your old road is rapidly agin’. Please get out of the new one If you can’t lend your hand For the times they are a-changin’.” (128) This song indeed drew attention and some of the lines remain a frequently quoted line till date. Michael Gray, in The Bob Dylan Encyclopedia (2006) called it “the archetypal protest song” where the writer’s “aim was to ride upon the unvoiced sentiment of a mass public—to give that inchoate sentiment an anthem and give its clamour an outlet.” (662). The song very much became what Dylan had intended upon, an anthem for a change, and it may be said that he did not necessarily convince people of something new in this song as well as his other songs, but reinforced views and facts that were already there, but where action was not taken. How and why something is said is often as important as what is actually being said. With Dylan, this medium of songwriting or putting down what needed to be said in songs, becomes his message. “I don’t think when I write. I just react and put it down on paper...what comes out...is a call to action.” (Dylan 187), and significantly, what comes out of Dylan’s songs influenced the movement of the time as much as the movement influenced him and the songs. The singles “John Brown” and “The Death of Emmet Till”, both released in 1962 are songs where Dylan recounts the stories of the two protagonists, John Brown and Emmet Till. John Brown is a character painted by Dylan, where through his experiences in the war, the true nature of wars is shown and may be considered as an anti-war song. Emmet Till on the other hand, is an actual black fourteen-year-old boy who had been beaten and shot to death in Mississippi in 1955 for “whistling at a white woman” and it is considered by many that with this song, “Bob Dylan the protest singer was born.” (Lynskey 54) John Brown, in Dylan’s song is a young boy who is about to go off to war, and through his experiences, the deception of war and the effects that it has on a person is shown. The song recounts how proud his mother is of John as he is about to leave for war and brags about his son in his uniform and gun. His son leaves and during his time in the war, would often write to his mother and the mother would show and brag about him to the neighbours. However, when her son returns, she could hardly recognise him because of the destruction the war had caused: “Oh his face was all shot up and his hand was all blown off And he wore a metal brace around his waist.” (Bob Dylan: Lyrics 1962-1985, 69) Through this imagery, Dylan succeeds in showing the real effects of war and how destructive it is to man. John Brown’s physical appearance had changed so much that it was difficult for his mother to recognise him, and even when she did, was unbearable for her to see. By making the protagonist describe his encounter with the war, Dylan is able to bring across the reality of it all and how deceptive it all is: “Don’t you remember Ma, when I went off to war You thought it was the best thing I could do? I was on the battleground, you were home...acting proud. You weren’t there standing in my shoes. Oh, and I thought when I was there, God, what am I doing here? I’m tryin’ to kill somebody or die tryin’. But the thing that scared me most was when my enemy came close And I saw that his face looked just like mine. Oh Lord, just like mine!” (70) John Brown, in the battlefield, when confronted with the enemy, came to the realisation that fear, destruction of his courage, emotions and keeping his life at stake were the price he had to pay for a good name, for glory. He also came to the conclusion that he is doing all these not because he is brave and willing, but because he has been deceived and manipulated and forced by those in power, and that he “was just a puppet in a play” controlled by those who can. (70) Bob Dylan’s then-girlfriend Suze Rotolo was undeniably very influential for Dylan’s involvement in the issues of the time and for his identity as a protest singer. Suze was involved in the Congress of Racial Equality (C.O.R.E), an organization involved in the Civil Rights movement. She requested Dylan to write some songs for the organization and the first song that he wrote was “The Death of Emmet Till”. In the song, Dylan vividly describes the murder of the fourteen-year-old black boy and highlights how unreasonable and inexcusable the reason for the murder was and intentionally says: “They said they had a reason, but I can’t remember what. They tortured him and did some things too evil to repeat.” (Bob Dylan: Lyrics 1962-1985, 29) Dylan, by highlighting this murder in this song, stresses upon the injustices done to black people, white supremacy and how the system suppresses them based on the colour of their skin. He believes that this murder was a mere enjoyment for the white people: “The reason that they killed him there, and I’m sure it ain’t no lie, Was just for the fun of killing him and watch him slowly die.” (29) This song created a huge stir and was loved by the protesting people because Dylan spoke up against the corrupt government, a government that was so biased and corrupted that it would not take action against the guilty who even confessed to their own crimes, because it was a system that protects the white people. The murderers of Emmet Till, even though they confessed and pleaded guilty, were found innocent by the jury and were set free. Dylan was disgusted at this unfair trial and how the government refuses to punish the guilty. The song greatly reflects Dylan’s anger and frustration and addresses not only the authority but the people as a whole, condemning them for keeping quiet when so much was needed to be said: “If you can’t speak out against this kind of thing, a crime that’s so unjust, Your eyes are filled with dead men’s dirt, your mind is filled with dust. Your arms and legs they must be in shackles and chains, and your blood it must refuse to flow, For you let this human race fall down so God-awful low!” (30) The song ends with Dylan pointing out and reminding people the existence of such an injustice and requests them to join him in fighting against it: “This song is just a reminder to remind your fellow man That this kind of thing still lives today in that ghost-robed Ku Klux Klan. But if all of us folks that thinks alike, if we gave all we could give, We could make this great land of ours a greater pace to live.” (30) The song proved to be a revelation of the bitter truth of the society and the hopeful message and encouragement that Dylan included was exactly what was needed by the people. It triggered the ongoing protests and his fans saw in him and his songs the power to defy the government, the authority or the “ruling class, and his songs proved as a medium of power, where power was manifested in the hands of the working-class people, a class embraced by the popular culture. Power has always traditionally been in the hands of the ruling class, either in the form of the government, the coloniser, or based on the colour of one’s skin. Hence, the subjugation of the working class, the colonised, the inferior race or the lower class is parallel to colonial stereotyping and subjugation. In The Location of Culture (1994), Homi Bhabha discusses and highlights several instances of racial stereotypes, cultural difference, identity, hybridity and agency and talks about the need to understand and locate the questions of culture in the transitional phase of the contemporary world. Culture and identity no longer pertain to the beginning and ending, and in this contemporary realm, “we find ourselves in the moment of transit where space and time cross to produce complex figures of difference and identity, past and present, inside and outside, inclusion and exclusion.” (2) He asserts that we must move away from this monolithic categorization of class and move to the “beyond” which is a coming together and mixing of different cultures to form a new classless identity, and this will define the act of society itself. Stereotyping any particular group of people, whether by race, nationality or by class becomes a form of subjugation. Similarly, many of Dylan’s songs highlight this subjugation wherein the blacks, the youth and the working class people are stereotyped as inferior and the whites, the older generation, the government or the ruling class are superior. For Bhabha, this act of stereotyping is dangerous not just because it mischaracterizes the other but also assumes a totalized fixity of the image, and the said inferior groups of society assume a fixed stereotype image and being. However, by moving to what he calls the “beyond”, there will be a free flow of cultural differences and such groups will no longer be isolated. This free flow of groups without any fixity can be seen as what Dylan proposes in his protest songs. As long as a certain group assumes superiority, the other will be sidelined. The American society too has been conditioned to believe that the government has all the power and the politicians are the manifestors of this power. In such an environment, they control the people under them, manipulating and deceiving them by sending them off to wars. In the same way, the black-skinned people are assumed to belong to the inferior group, controlled and subjugated by the whites, where they are suppressed to the point that they are killed by the whites for the slightest reasons and where their killers are not guilty in the eyes of the law, which are all reflected in the protest songs of Bob Dylan. Homi Bhabha also uses the work of Franz Fanon to analyse the concept of identity. Fanon was concerned with the psychoanalytic explanation of how people can be enslaved not only physically, but in their mindsets as well. According to Bhaba, this differentiation and identification of people must be reanalysed in the contemporary world. For Bhabha, “the question of identity is never the affirmation of a pre-given identity” (64) but rather, something that has been created in the mind of people who are being colonised, dominated or subjugated. This created image shows them inferior. In such a situation, man belonging to the subjugated group is influenced by many things around him which blurs his identity. It is these external influences that make people to assume their given role in a society. For instance, the black man has been colonised for so long that even after he is free from slavery, he is still influenced by the events and beliefs around him, making him believe that he was, is and will always be inferior. Even though slavery had been abolished a century ago, America in the 1960s still had the Civil Rights movement, wherein equality of the races and human rights were demanded, and an important issue in the songs of Bob Dylan. The idea that the blacks were inferior and that they were the “Other”, the colonised is what complicates the black man’s being, making him not being able to stand up for himself and continuing to be oppressed by the white man. This subjugation is now challenged by the people who protested against it, and by Dylan through his protest songs, making him the voice of the time. Homi Bhabha is aware of the existence of cultural differences and notes that it “...is a process of signification through which statements of culture or on culture differentiate, discriminate and authorize the production of fields of force, reference, applicability and capacity.” and for him, “Culture only emerges as a problem, or a problematic, at the point at which there is a loss of meaning...between classes, genders, races, nations.” (50) He also claims that this “cultural difference focuses on the problem of the ambivalence of cultural authority: the attempt to dominate in the name of cultural supremacy which is itself produced only in the moment of differentiation.” (50-51) As such, this cultural “difference” forms itself once there is the belief that one group is better than the other, or one race is superior than the other. It creates a problem the moment this idea of a “difference” is conjured. Significantly, as seen in the protest songs of Bob Dylan, the society or culture faces a problem due to this difference, and the people are subjected to inequality and injustices. Homi Bhabha is of the opinion that postcolonial perspectives do not agree with the term “underdevelopment” and attempts to study and revise the point of view in which there is a binary opposition between the First World and Third World. According to Babha, “The postcolonial perspective departs from the traditions of the sociology of underdevelopment or ‘dependency’...set up the relation of Third World and First World in a binary structure of opposition. . .forces a recognition of the more complex cultural and political boundaries that exist on the cusp of these often opposed political spheres.” (248) This postcolonial binary opposition is analogous to the two classes of the contemporary world, a class created by the “cultural difference”. It is the clash between these two opposing factors that led to a cultural difference, creating a social crisis. The desire and recognition of the need to terminate this difference led to the various movements and protests of the time, leading to create a popular culture, a culture embraced by the masses in want of a social change. Culture is ever-changing, fluid and transitional. It can be displaced and moved and thus, it is significant to decode certain cultural signs. The movements and the protests may not have produced or resulted in a drastic cultural change but it did create a consensus, whereby the people of a particular group, and in this case, the previously subjugated, seek to present their interests as the general interests of the society as a whole. Through the protest songs that speak about racial discrimination, injustices and the corrupted government, an important tool in the ongoing protests and movements, a social group that shares the same opinion, angst, beliefs and hope come together to create a consensus that contributed heavily to the existing popular culture whilst forming a new one. This chapter will attempt to analyse and sum up the preceding chapters and focus on the dynamics of music culture and how cultural changes are made possible in relation to its philosophical and theoretical study. In doing so, it will reflect upon how protest music is constituted as a tool in creating a consensus within popular culture, thereby creating a sub-culture. It is historically evident that cultural change is made through varied occurrences and situations as well as certain ideologies, and culture is not static. Man’s involvement in it is highly influential, and at the same time, a particular culture and the changes within it is also crucial in the formation, development and participation of man. Culture, “a particular way of life, of a people, a period or a group.” (Williams 88) encompasses all habits, beliefs, practices and way of life itself. Music has always been an integral part of any given culture and acts as an important feature to signify a particular culture’s identity. It tells the history and tradition of a people and reflects their ancestry, identity and religion, and through it, cultural values are passed on from generation to generation. The term “ethnomusicology” is significant in the study of the relationship between music and culture and how music is culturally created or how music influences and changes culture. The term is regarded to have been first coined by Jaap Kunst from the Greek words “ethnos” which means “nation”, and “mousike” which is translated as “music”. (Behague 260) It may be understood as the study of music from the perspective of culture and society, or the cultural and social aspects that led to its creation. In the seminal book, The Anthropology of Music (1964), Alan P. Merriam extensively talks about this term, its usage and significance and calls it “the study of music in culture.” (6) and claims that one of the main purposes of ethnomusicology is considering “music as a means of communication.” In support of this view, he borrows Mantle Hood’s opinion; “In the latter half of the Twentieth Century it may well be said that the very existence of man depends on the accuracy of his communications...speaking and listening, informing and being informed, constructively evaluating and welcoming constructive criticism. Communication is accurate to the extent that it is founded on a sure knowledge of the man with whom we would hold intercourse.” (10) If music is thus a means of communication, it undoubtedly contributes to cross-cultural communication to bring about understanding and validation, becomes a carrier of identity and values and create unity. It is in this aspect that a folksinger like Bob Dylan, with his protest lyrics that carry messages that needed to be said and delivered, that demonstrates the cultural value of its time and bring together a group of people with the same ideals and beliefs to unite to form a cultural change, becomes an indispensable participant in the cultural dynamic. “The ultimate interest of man is man himself, and music is part of what he does and part of what he studies about himself...music is also human behaviour” (16) and through Dylan’s music and songs, the internal conflicts, emotions of man disturbed by the culture and society of the time can be dissected. Within the field of ethnomusicology, popular music and the effects it has on people can also be examined. Since Bob Dylan and his protest music belong to popular culture and popular music as discussed in the previous chapters, this particular aspect may be substantial to look into. According to Theodor Adorno, popular music is contrasted with serious music. If this is the case, popular music would function less deliberately and would in turn, have greater impression on the majority of the people. This stance is significant because since the music that Bob Dylan introduced and the lyrics of his songs resonated with the mass culture, it was able to have more impact on the people. It contrasts itself from the formality of “serious music” and can be seen as the kind of music “that genuinely expresses true emotion and feeling.” (Machin 14) According to ethnomusicology, popular music is also often linked with mass media. The 1960s, the decade when Dylan and his music gained popularity, was also a period that relatively grew in technology and inventions. The world became smaller due to the development in mass media and television and since a dependant relationship was built between the two, musicians could gain a wider platform and audience. They were able to acquire a superstar persona and economic success and in turn, their fans and followers were more avid and devoted which contributed largely in the creation of a subculture. Bob Dylan’s time of emergence as a singer and a public figure was relevant not only for his own success and popularity but also for the impact he had and for the success of the circulation of his songs’ message and content. The successful reception of his songs indeed had to do with the condition of the time and it appealed to the masses, especially the youths who were already protesting and in dire need of somebody who could voice their propaganda. In the creation of a subculture through popular protest music, an identity has also been created within the societal paradigm and power structure and social infrastructure. This relationship between music and identity has been a much debated subject for ethnomusicologists. Thomas Turino, in the book Music as Social Life: The Politics of Participation (2008) notes that it is with the “conception of the self and individual identity” that “culture and musical meaning ultimately reside.” He is of the opinion that “identity involves the partial selection of habits” and connects this “habit” with self, identity and culture, whereby, our musical habits, our reception of it and our attitude towards it can lead to the formation of cultural changes and the creation of identity and identity groups. (95) Bob Dylan’s protest music, with its rebellious nature and attitude to challenge the authority created within itself and its followers a sense of identity and the people came together, breaking barriers and formed an identity group that acted as a collective power. The role that music plays within any given culture and its impact on cultural change leads to the question of who and what constitute a culture. Culture is no longer subjected only to the “intellectual, spiritual and aesthetic factors” (Storey 2) but encompasses all “forms of life and social expression.” (Rivkin and Ryan 1233) With certain ideologies, especially that of Marxism, culture also now has a broader meaning and has been examined through a more political perspective. It has now also been understood as “both a means of domination, of assuring the rule of one class or group over another, and a means of resistance to such domination.” (1233) In this aspect, culture has become political wherein it has become parallel to power, the power of the ruling class and where the ruling class governs. In contemporary society, the government is the power who speaks and acts for the rest of the society and assumes total control. This can be seen as a form of authoritarianism whereby it silences the voice of the lower class people and the culture and tradition of those who lack power is diminished. The politics in culture, the difference between the classes as well as the functioning of power between them becomes important in the formation and change in the existing culture. The term “hegemony”, simply understood as control, leadership or dominance of one group over the other, or power exercised by a ruling class over a lower class, according to Antonio Gramsci now also means “political leadership based on the consent of the led, a consent which is secured by the diffusion and popularization of the world view of the ruling class.” (Bates 352) This can suggest the reduction of conflicts between the dominator and the dominated, and more political inclusion of the previously marginalized in order to attain a smoother governance, a political and cultural change and in this consent, hybridity can exist. As frequently highlighted, the difference between the classes has to do with how power and ideas have been manifested in the hands of the traditionally superior which caused tension and conflicts between the two. However, the hegemon has now been challenged by the previously dominated class or group of people and as mentioned, through the protest songs of Bob Dylan, have found an outlet to voice their opinions and ideas that were previously silenced, leading the notion of power to be diffused and in turn, creating a hybrid moment which is an initial stage of a cultural change. Homi Bhabha, in his book The Location of Culture (1994) has attempted to display “the importance of the hybrid moment of political change” and notes that “the transformational value of change lies in the rearticulation, or translation of elements. . .a negotiation between gender and class, where each formation encounters the displaced, differentiated boundaries of its group representation. . .in which the limits and limitations of social power are encountered in an agonistic relation” and claims that this type of hybridity is a “historical necessity”. (41) This negotiation for a political change is only possible by the creation of what Stuart Hall calls a “power bloc”, a “new social bloc” which would produce “a form of symbolic identification that would result in a collective will.” (41- 42) This bloc may be constructed through certain political groups or any particular group with common interest to challenge and question the existing power. It is in this aspect that the formation of a culture that deviates itself from the traditional culture, a popular culture from the high culture, or a sub-culture from the prevailing popular culture can occur. The sub-culture created within the popular culture under the wing of the youth protesters, precipitated by protest music posits itself as the power bloc. The coming together of the previously silenced, the lower and working class people, the black-skinned people forms a group that would challenge to negotiate and create a cultural consensus and “a structure of heterogeneity to construct a theoretical and political alternative.” (41) For the “newly” constructed cultural group or sub-culture, protest songs become the guiding force in their attempt to voice their opinions and frustrations and hence, the cultural impact that music has is evident. The uses and functions of music and how it is employed in human society has thus been an important topic for ethnomusicologists. Alan Merriam has discussed certain major and overall functions of music, among which is “the function of emotional expression”. This function is primarily apparent in the operation of protest songs. He borrows Linton Clarke Freeman’s idea that “a particular type of folk expression should be associated with a particular kind of social organization” and that “social protest verses emerge when the members of a society are deprived of other mechanisms of protest. Such songs will persist as long as these individuals are deprived of other more direct techniques of action. These verses represent an attempt of the members of the society to cope with unacceptable social conditions.” (220) This is particularly true in the development of the protest songs of Bob Dylan as well as in its employment by the protesters of the time. There were things that needed to be said in the society but for the people that had always been conventionally sidelined, resources were scarce and protest music became their main weapon. The protest songs of Bob Dylan were not created to start a protest nor did they end in protest. Instead, they functioned as a much needed medium for the protests that occurred because of certain cultural conflicts, and answered the requirement of the cultural demands, while stabilizing and validating the social system since songs or music has the ability to function “as a mechanism of emotional release for a large group of people acting together.” (222) The angry, “lower” class people in want of a change saw in Bob Dylan a revolutionary voice, and he in turn became the symbolic representation of a revolution. His protest songs contributed to the integration of society and created a cultural unity since “music provides a rallying point around which the members of society gather to engage in activities which require the cooperation and coordination of the group.” (227)) The protest music of Bob Dylan, through its cry for redemption, its portrayal of the unfair treatment of the black people, the government’s corrupted system and strong message of hope and change brought the people to come together as a unit, a power bloc to challenge the traditional power and contributed to the change in society and culture. Works Cited Bates, Thomas R. “Gramsci and the Theory of Hegemony” in Journal of the History of Ideas, Vol. 36, No.2, April- June, 1975, pp. 351- 366. JSTOR. Web. 22 Nov 2017. Behague, Gerard. “Latin American Music Review.” Latin American Music Review, vol.9, no.2, 1988, pp. 260- 272. JSTOR. Web. 12 Feb. 2017. Bennet, Tony. Popular Culture: A Teaching Object. Open Univ. Press, 1980. Bhabha, Homi. The Location of Culture. Routledge, 1994. Constable, Nicole. Maid to Order in Hong Kong. Cornell University Press, 2017. Bob Dylan : Lyrics 1962-1985. Paladin, 1988. “counterculture.” Merriam- Webster.com. Merriam- Webster, 2017. Web. 12. Aug. 2017. Frith, Simon. Performing Rites: On the Value of Popular Music. Cambridge Univ. Press, 1996. Dogget, Peter. There’s A Riot Going On: Revolutionaries, Rock Stars and the Rise and Fall of ‘60s Counter-Culture. Canongate, 2008. Dylan, Bob. Chronicles: Volume One. Simon & Schuster Paperbacks, 2004. Eagleton, Terry. Marxism and Literary Criticism. Routledge, 1989. Engdahl, Horace. “The Nobel Prize in Literature 2016- Presentation Speech”. Nobel Media Ab 2014. Web. Foucault, Michel. The History of Sexuality: An Introduction. Random House, 1990. ---. Discipline and Punish: The Birth of the Prison. Vintage Books, 1995. ---. Power/Knowledge: Select Interviews and Other Writings, 1972-1977. Ed. Colin Gordon. Trans. Colin Gordon, Leo Marshal, John Mepham and Kate Soper. Uwf.edu. Web. Gelbart, Matthew. The Invention of ‘Folk Music’ and ‘Art Music’: Engaging Categories from Ossian to Wagner. Cambridge University Press, 2007. Ginsberg, Allen. No Direction Home. Paramount Pictures, 2005. Gray, Michael. The Bob Dylan Encyclopedia. Bloomsbury Academic, 2006. Hebdige, Dick. Subculture: The Meaning of Style. Routledge, 1979. Heylin, Clinton. Bob Dylan: Behind the Shades Revisited. Harpers Entertainment, 2003. “Home Front Turmoil: The 1960s.” Cold War Reference Library. Encyclopedia.com. Web. Lawrence, Samuel. The American Dream: A Cultural History. Syracuse University Press, 2012. Lynskey, Dorian. 33 Revolutions Per Minute: A History of Protest Songs from Billie Holiday to Green Day. HarperCollins P., 2011. Machin, David. Analysing Popular Music: Image, Sound and Text. Sage Publications Inc., 2010. Maltby, Richard. Introduction in Dreams for Sale: Popular Culture in the 20th Century. Harrap, 1989. Marx, Karl and Friedrich Engels. The German Ideology. Ed. Christopher John Arthur. International Publishers Co., 1972. McKeen, William. Bob Dylan: A Bio-bibliography. The Greenwood Press, 1993. Merriam, Alan P. The Anthropology of Music. Northwestern University Press, 1964. Negus, Keith. Bob Dylan: Icons of Pop Music. Equinox Publishing Limited. 2014. Rivkin, Julie and Michael Ryan. ed. Literary Theory: An Anthology. 2nd Edition. Blackwell, 2004. Ross, Andrew. No Respect: Intellectuals and Popular Culture. Routledge, 1989. Rottman, Gordon L. The US Army in the Vietnam War 1965-73: Battle Orders. Bloomsbury Publishing, 2013. Roszak, Theodore. The Making of a Counter Culture. Doubleday Publishing, 1983. Storey, John. Cultural Theory and Popular Culture: An Introduction. Longman, Turino, Thomas. Music as Social Life: The Politics of Social Participation. University of Chicago Press, 2008. Wilentz, Sean. Bob Dylan in America. Random House, 2011. Williams, Raymond. Keywords: A Vocabulary of Culture and Society. Fontana, 1983. Yinger, Milton P. “Counterculture and Subculture.” American Sociological Review, Vol. 25, No. 5, Oct 1960, pp. 625-635. JSTOR. Web. 12 Feb 2017. Bibliography Primary Source: Bob Dylan: Lyrics 1962-1985. Paladin, 1988. Secondary Sources: Bates, Thomas R. “Gramsci and the Theory of Hegemony” in Journal of the History of Ideas, Vol. 36, No.2, April-June, 1975, pp. 351-366. JSTOR. Web. 22 Nov 2017. Behague, Gerard. “Latin American Music Review.” Latin American Music Review, vol.9, no.2, 1988, pp. 260-272. JSTOR. Web. 12 Feb. 2017. Bennet, Tony. Popular Culture: A Teaching Object. Open Univ. Press, 1980. Bhabha, Homi. The Location of Culture. Routledge, 1994. Blake, William. “Culture and the Status of Reality”. Ed. Michael Richardson. The Experience of Culture. Sage, 2001. Cohen, Ronald D. “The Journal of American History.” The Journal of American History, vol. 97, no. 4, 2011, pp. 1186. JSTOR. Web. 19 Jul. 2017. Constable, Nicole. Maid to Order in Hong Kong. Cornell University Press, 2017. Dylan, Bob. Chronicles: Volume One. Simon & Schuster Paperbacks, 2004. ---. Dylan on Dylan: The Essential Interviews. Hodder & Stoughton, 2006. Eagleton, Terry. Marxism and Literary Criticism. Routledge, 1989. Foucault, Michel. The History of Sexuality: An Introduction. Random House, 1990. ---. Power. Ed., James D. Faubion. Trans., Robert Hurley and others. The New Press, 1994. Friedman, Jeff. “Bob Dylan is God.” Prairie Schooner, vol. 83, no. 3, 2009, pp. 93-94. JSTOR. Web 8 Mar 2017. Frith, Simon. Performing Rites: On the Value of Popular Music. Cambridge Univ. Press, 1996. Dogget, Peter. There’s A Riot Going On: Revolutionaries, Rock Stars and the Rise and Fall of ‘60s Counter-Culture. Canongate, 2008. Eagleton, Terry. Marxism and Literary Criticism. Routledge, 1989 .Gelbart, Matthew. The Invention of ‘Folk Music’ and ‘Art Music’: Engaging Categories from Ossian to Wagner. Cambridge University Press, 2007. Ginsberg, Allen. No Direction Home. Paramount Pictures, 2005. Gray, Michael. The Bob Dylan Encyclopedia. Bloomsbury Academic, 2006. Hebdige, Dick. Subculture: The Meaning of Style. Routledge, 1979. Heylin, Clinton. Bob Dylan: Behind the Shades Revisited. Harpers Entertainment, 2003. Goldberg, Joe. “Bob Dylan at Sixty.” The Threepenny Review, no. 89, 2002, pp. 26. JSTOR. Web. 12 Feb 2017. Gramsci, Antonio. “Hegemony, intellectuals and the State.” Cultural Theory and Popular Culture: A Reader, 4th edn. Ed. John Storey. Pearson Education, 2009. Lawrence, Samuel. The American Dream: A Cultural History. Syracuse University Press, 2012. Lynskey, Dorian. 33 Revolutions Per Minute: A History of Protest Songs from Billie Holiday to Green Day. Harper Collins P., 2011. Machin, David. Analysing Popular Music: Image, Sound and Text. Sage Publications Inc., 2010. Maltby, Richard. Introduction in Dreams for Sale: Popular Culture in the 20th Century. Harrap, 1989. Marx, Karl and Friedrich Engels. The German Ideology. Ed. Christopher John Arthur. International Publishers Co., 1972. McGuigen, Jim. Cultural Analysis. Sage Publications, 2010. McKeen, William. Bob Dylan: A Bio-bibliography. The Greenwood Press, 1993. Merriam, Alan P. The Anthropology of Music. Northwestern University Press, 1964. Negus, Keith. Bob Dylan: Icons of Pop Music. Equinox Publishing Limited. 2014. Oswell, David. Culture and Society: An Introduction. Sage Publications, 2006. Pastan, Linda. “Listening to Bob Dylan, 2006.” Prairie Schooner, vol. 81, no. 1, 2007, pp. 121-122. JSTOR. Web. 12 Feb 2017. Polito, Robert. “Bob Dylan’s Memory Palace.” Highway 61 Revisited: Bob Dylan’s Road from Minnesota to the world. Ed. Colleen J. Sheehy and Thomas Swiss. University of Minnesota Press, 2009, pp. 140-153. JSTOR. Web. 16 Nov 2016. Rivkin, Julie and Michael Ryan. ed. Literary Theory: An Anthology. 2nd Edition. Blackwell, 2004. Ross, Andrew. No Respect: Intellectuals and Popular Culture. Routledge, 1989. Rottman, Gordon L. The US Army in the Vietnam War 1965-73: Battle Orders. Bloomsbury Publishing, 2013. Roszak, Theodore. The Making of a Counter Culture. Doubleday Publishing, 1983. Storey, John. Cultural Theory and Popular Culture: An Introduction. Longman, 2008. Turino, Thomas. Music as Social Life: The Politics of Social Participation. University of Chicago Press, 2008. Wilentz, Sean. Bob Dylan in America. Random House, 2011. Williams, Paul. Bob Dylan: Performing Artist: 1960-1973 the Early Years. 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$112,000 - Ie Lot 218 Phase Viii, Kennewick MLS® #241191 $112,000 Bedroom, Bathroom, Land on 0.65 Acres INSPIRATION EST, Kennewick, WA MLS# 241191 All utilities to lot line on streetside. Building guidelines are in CCR's. All land is supplied by City of Kennewick water: NO KID Irrigation in IE. $1000 Earnest Money required to secure property and is non-refundable. Essential Information MLS® # 241191 Price $112,000 Acres 0.65 Type Land Sub-Type Residential Status Active Community Information Address Ie Lot 218 Phase Viii Area Benton Subdivision INSPIRATION EST City Kennewick State WA Zip Code 99337 Amenities Utilities Exterior Lot Description Underground, Electric to Property Line, Gas to Property Line, Electric in Street, Gas in Street, Cable Approved Plat Map, Dry Land, Homeowners Dues, Located in City Limits, No Manufactured Homes, Plat Recorded, View, Cleared Lot, Corner Lot Additional Information Days on Market 741 Zoning Residential Listing Details Listing Office Windermere Group One/Tri-Cities The data relating to real estate for sale on this website comes in part from the Tri Cities Association of REALTORS®. The information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Listing information last updated on October 20th, 2021 at 8:47am PDT	<urn:uuid:4cf977df-bc53-4207-84c2-eb70b067de1c>	CC-MAIN-2021-43	https://www.joelane.com/listing/241191-ie-lot-218-phase-viii-kennewick-wa-99337/brochure	2021-10-20T15:51:01+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-43/subset=warc/part-00161-16202947-a809-4711-8221-79ab0a79d5b1.c000.gz.parquet	1,020,761,316	375	eng_Latn	eng_Latn	0.897163	eng_Latn	0.9239	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 919, 1454 ]
NSK100 Dumps NSK100 Braindumps NSK100 Real Questions NSK100 Practice Test NSK100 Actual Questions NetSkope NSK100 Netskope Certified Cloud Security Administrator (NCCSA) Certification https://killexams.com/pass4sure/exam-detail/NSK100 Question: 188 You investigate a suspected malware incident and confirm that it was a false alarm. A. In this scenario, how would you prevent the same file from triggering another incident? B. Quarantine the file. Look up the hash at the VirusTotal website. C. Export the packet capture to a pcap file. D. Add the hash to the file filter. Answer: C Question: 189 Which two common security frameworks are used today to assess and validate a vendor's security practices? (Choose two.) A. Data Science Council of America B. Building Security in Maturity Model C. ISO 27001 D. NIST Cybersecurity Framework Answer: A,B,D Question: 190 You have applied a DLP Profile to block all Personally Identifiable Information data uploads to Microsoft 365 OneDrive. DLP Alerts are not displayed and no OneDrive-related activities are displayed in the Skope IT App Events table. In this scenario, what are two possible reasons for this issue? (Choose two.) A. The Cloud Storage category is in the Steering Configuration as an exception. B. The destination domain is excluded from decryption in the decryption policy. C. A Netskope POP is not in your local country and therefore DLP policies cannot be applied. D. DLP policies do not apply when using IPsec as a steering option. Answer: A,B,D Question: 191 A customer changes CCI scoring from the default objective score to another score. In this scenario, what would be a valid reason for making this change? A. The customer has discovered a new SaaS application that is not yet rated in the CCI database. B. The customer's organization places a higher business risk weight on vendors that claim ownership of their data. C. The customer wants to punish an application vendor for providing poor customer service. D. The customer's organization uses a SaaS application that is currently listed as "under research". Answer: C Question: 192 What are two use cases for Netskope's DLP solution? (Choose two.) A. to stop unintentional data movement B. to detect malware in files before they are uploaded to a cloud application C. to detect sensitive data in password protected files D. to ensure regulatory compliance Answer: A,D Question: 193 What are two uses for deploying a Netskope Virtual Appliance? (Choose two.) A. as an endpoint for Netskope Private Access (NPA) B. as a local reverse-proxy to secure a SaaS application C. as a log parser to discover in-use cloud applications D. as a Secure Forwarder to steer traffic Answer: A,C Question: 194 You are working with a large retail chain and have concerns about their customer data. You want to protect customer credit card data so that it is never exposed in transit or at rest. In this scenario, which regulatory compliance standard should be used to govern this data? A. SOC 3 B. PCI-DSS C. AES-256 D. ISO 27001 Answer: C Question: 195 You need to block all users from uploading data files into risky collaboration applications. Which element must you configure within Netskope's CASB to accomplish this task? A. DLP Rule B. real-time policy C. DLP Profile D. block notification Answer: B Question: 196 Which three security controls are offered by the Netskope Cloud platform? (Choose three.) A. identity lifecycle management B. data loss prevention for SMTP C. cloud security posture management D. endpoint anti-malware E. threat protection Answer: A,B,C,D Question: 197 You want to use an out-of-band API connection into your sanctioned Microsoft 365 OneDrive for Business application to find sensitive content, enforce near real-time policy controls, and quarantine malware. In this scenario, which primary function in the Netskope platform would you use to connect your application to Netskope? A. DLP forensics B. Risk Insights C. IaaS API-enabled Protection D. SaaS API-enabled Protection Answer: D Question: 198 You need to create a service request ticket for a client-related issue using the Netskope client UI. In this scenario, you generate the client logs by right-clicking on the system tray icon and choosing A. Save logs B. Configuration C. Troubleshoot D. Help Answer: A Question: 199 What are two characteristics of Netskope’s Private Access Solution? (Choose two.) A. It provides protection for private applications. B. It provides access to private applications. C. It acts as a cloud-based firewall. D. It requires on-premises hardware. Answer: A,C,D Question: 200 You are required to mitigate malicious scripts from being downloaded into your corporate devices every time a user goes to a website. Users need to access websites from a variety of categories, including new websites. Which two actions would help you accomplish this task while allowing the user to work? (Choose two.) A. Allow the user to browse uncategorized domains but restrict edit activities. B. Block malware detected on download activity for all remaining categories. C. Block known bad websites and enable RBI to uncategorized domains. D. Allow a limited amount of domains and block everything else. Answer: A,B,D Question: 201 A customer asks you to create several real-time policies. Policy A generates alerts when any user downloads, uploads, or shares files on a cloud storage application. Policy B blocks users from downloading files from any operating system (OS) other than Mac or Windows for cloud storage. In this case, policy A is least restrictive and policy B is more restrictive. Which statement is correct in this scenario? A. Policy A is implemented before policy B. Policy B is implemented before policy C. The policy order is not important; policies are independent of each other. D. These two policies would actually not work together. Answer: A,B,D Question: 202 A company is attempting to steer traffic to Netskope using GRE tunnels. They notice that after the initial configuration, users cannot access external websites from their browsers. What are three probable causes for this issue? (Choose three.) A. The pre-shared key for the GRE tunnel is incorrect. B. The configured GRE peer in the Netskope platform is incorrect. C. The corporate firewall might be blocking GRE traffic. D. The route map was applied to the wrong router interface. E. Netskope does not support GRE tunnels. Answer: A,B,E Question: 203 What are two fundamental differences between the inline and API implementation of the Netskope platform? (Choose two.) A. The API implementation can be used with both sanctioned and unsanctioned applications. B. The API implementation can only be used with sanctioned applications. C. The inline implementation can effectively block a transaction in both sanctioned and unsanctioned applications. D. The inline implementation can only effectively block a transaction in sanctioned applications. Answer: A,C Your company asks you to obtain a detailed list of all events from the last 24 hours for a specific user. In this scenario, what are two methods to accomplish this task? (Choose two.) A. Use the Netskope reporting engine. B. Export the data from Skope IT Application Events. C. Use the Netskope REST API. D. Export the data from Skope IT Alerts. Answer: A,C Question: 205 Why would you want to define an App Instance? A. to create an API Data Protection Policy for a personal Box instance B. to differentiate between an enterprise Google Drive instance vs. a personal Google Drive instance C. to enable the instance_id attribute in the advanced search field when using query mode D. to differentiate between an enterprise Google Drive instance vs. an enterprise Box instance Answer: B Question: 206 You want to enable Netskope to gain visibility into your users' cloud application activities in an inline mode. In this scenario, which two deployment methods would match your inline use case? (Choose two.) A. Use a forward proxy. B. Use an API connector C. Use a log parser. D. Use a reverse proxy. Answer: A,C,D Question: 207 Which two cloud security and infrastructure enablement technologies does Secure Access Service Edge (SASE) combine into its unified platform? (Choose two.) A. Distributed Denial of Service Protection (DDoS) B. Zero Trust Network Access (ZTNA) C. Cloud Access Security Broker (CASB) D. Unified Threat Management (UTM) Answer: A,B These questions are for demo purpose only. Full version is up to date and contains actual questions and answers. Killexams.com is an online platform that offers a wide range of services related to certification exam preparation. The platform provides actual questions, exam dumps, and practice tests to help individuals prepare for various certification exams with confidence. Here are some key features and services offered by Killexams.com: Actual Exam Questions: Killexams.com provides actual exam questions that are experienced in test centers. These questions are updated regularly to ensure they are up-to-date and relevant to the latest exam syllabus. By studying these actual questions, candidates can familiarize themselves with the content and format of the real exam. Exam Dumps: Killexams.com offers exam dumps in PDF format. These dumps contain a comprehensive collection of questions and answers that cover the exam topics. By using these dumps, candidates can enhance their knowledge and improve their chances of success in the certification exam. Practice Tests: Killexams.com provides practice tests through their desktop VCE exam simulator and online test engine. These practice tests simulate the real exam environment and help candidates assess their readiness for the actual exam. The practice tests cover a wide range of questions and enable candidates to identify their strengths and weaknesses. Guaranteed Success: Killexams.com offers a success guarantee with their exam dumps. They claim that by using their materials, candidates will pass their exams on the first attempt or they will refund the purchase price. This guarantee provides assurance and confidence to individuals preparing for certification exams. Updated Content: Killexams.com regularly updates its question bank and exam dumps to ensure that they are current and reflect the latest changes in the exam syllabus. 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25% Off Three Months Terms & Conditions By providing your details in relation to this offer, you are applying for a 25% discount on three months membership at SO Fourteen, an action we will assume confirms that you agree to the following Terms & Conditions: 1. There is a limit of one use of this offer per person and/or company. 3. This offer is applicable to the following membership packages only: Hot Desk 5, Hot Desk 10, Flexi Desk or Fixed Desk. 2. This offer is applicable to anyone who enquires about the offer before midnight on 1 st November 2020, provided they have not previously paid for any form of membership or day pass at SO Fourteen. 4. The full value of three months membership with the discount applied must be paid at the time of redeeming this offer. 6. Office space can be used between 9am and 5.30pm, subject to availability. You must pre-book before arrival. 5. The applicant will have 90 days from the time of submitting their initial enquiry to take advantage of the offer. After this time, SO Fourteen reserves the right to withdraw the promotion. 7. This offer is being run by Hilton-Baird Management Services Limited T/A SO Fourteen, Fleming Court, Leigh Road, Eastleigh, Hampshire, SO50 9PD. Registered Number: 09719155 9. For further information, please contact [email protected] 8. Hilton-Baird Management Services Limited reserves the right to amend these rules at any time. If we do this we will publish the amended terms & conditions. . 1 023 8112 5014 \| www.sofourteen.co.uk	<urn:uuid:1eb4512f-b0f2-475e-88bb-da333152a230>	CC-MAIN-2020-50	https://www.sofourteen.co.uk/wp-content/uploads/2020/10/25-Off-3-months-Offer-TCs.pdf	2020-11-27T08:43:56+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2020-50/subset=warc/part-00075-8431e8c9-c763-4c27-b286-ba1dd7e2631e.c000.gz.parquet	860,345,785	353	eng_Latn	eng_Latn	0.996461	eng_Latn	0.996461	[ "eng_Latn" ]	false	rolmOCR	[ 1522 ]
SELLERS: IS STAGING WORTH IT FOR APARTMENTS PRICED UNDER A MILLION? This weekend’s New York Times real estate section featured a story about the importance (and economic payoff) of hiring a professional stager. But the Times focused on homes selling for upwards of a million. So, what about an apartment that’s less than a million? Is it still worth it to hire a stager in that case? Or having any staging done at all? The answer is a resounding yes, says Halstead Property agent Ari Harkov. “The impact is there at all price points. You have to understand that people have no imagination,” says Harkov, meaning that it’s hard for people to imagine the potential a home has until they see it staged that way. The Times focuses on one Upper West apartment that was on the market for six months, had a price cut, and still didn’t sell until it was professionally staged. Harkov says he’s seen a lot of situations like that. And while sometimes a stager is hired for the project, oftentimes the broker can do a lot of the consultation work. THE PAYOFF On a multi-million dollar apartment, he estimates that a staged apartment could bring in about 10 percent more money than an un-staged apartment; in a less-than-a-million dollar apartment, it’s more likely to get you 2 or 3 percent higher price, Harkov says. “I would see the benefit in terms of shorter marketing times rather than a higher price,” says appraiser Jonathan Miller. “A shorter holding period can be a cost saver.” But Harkov says that the apartments also often garner more bids, which translates into higher prices for the seller. Staged apartments also tend to get more attention from the media, says Corcoran’s Lesley Semmelhack, who helps her clients do a lot of the staging herself. She gives a specific example: “Take my listing at 654 Carroll Street [shown in the main photo above]. I made some meaningful yet modest edits to the property, and it sold for 29 percent over the asking price after the first week of open houses.” The two-bedroom walk-up, shown below, was listed for $899,000, and it sold for $1,156,500. HIRING A STAGER The biggest challenges for those not in the 1 percent is vacating an apartment when it’s been shown. Harkov says in all the years that he’s been selling real estate, he only saw one person stay in their apartment with staged furniture (the risk of spilling, ripping, breaking or otherwise ruining it is too high). But plenty of people who plan to stay in their apartments during the selling process will still hire stagers for consultations and advice on what to buy and throw away. “We charge $500 for an on-site consultation,” says Kyra Frankel of White Space Staging. The company won’t rent their furniture to occupied apartments, but as part of the consultation, will put together a list of priorities specific to the property. “We go to the site with our paint boards, measuring tape, catalogs of furniture and put together a document with suggestions on edits, contractor tasks and styling solutions,” says Frankel. From there, people can opt to hire them for an hourly rate ($75/hr) to return and help them implement the recommendations. Cathy Hobbs, owner of Cathy Hobbs Design Recipes says that the majority of her clients have luxury apartments (she works specifically with celebrities), but plenty of the listings are average-priced. “People selling their apartments at lower price points are just as willing to spend the money on staging,” she says. “In many cases, they’re more willing, because the equity in their home matters so much to them. An additional $5,000 to $10,000 makes a big difference to their bottom line.” Hobbs charges a day rate—between $1,800 and $2,000 a day; furniture is additional. One- and two-bedrooms are usually done in a day, and three-bedrooms usually take a day and a half, she says. “If someone is selling a studio or one-bedroom, they can expect between $5,000 and $6,000 for everything, including the staging,” she says. But it’s an investment that pays off, both in terms of time on the market and sales prices. Frankel says she tells people to expect to pay between .5 and 1.5 percent of the listing price on staging. That ranges based on what has to be done—for example, a kitchen update will cost more, but if you’re just moving furniture around and editing your stuff it’ll be more like .5 percent. DOING IT YOURSELF (OR WITH JUST A BROKER) These days, many brokers will help consult with their clients on staging. Often a broker who does staging will have accessories to be used in their listings, and if something has to be purchased or rented, that cost is passed on to the owner. Cathy Hobbs’ experience is that staging can include new walls and cabinets, improving or replacing lighting fixtures and rethinking furniture placement for budget-minded clients. Semmelhack says she keeps an arsenal of “goodies,” which she offers to sellers for free. If she’s required to rent or purchase items like a dining room table or an arm chair, the sellers pay for it. “I’m a fan of textiles, which are a great way to add texture and dimension to a room,” she says. Of course, you can, in fact, do it all yourself, if you’d like. For a total DIY experience, check out some of our advice on what to do, and—equally importantly, what not to do.	aac5a626-1d7e-4ac3-bdc9-39e7dcc358a5	CC-MAIN-2021-21	https://www.cathyhobbs.com/wp-content/uploads/2020/06/brick-underground-nd.pdf	2021-05-09T22:32:20+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-21/subset=warc/part-00011-2bb1ba05-1421-4b90-a3f4-bbc46b4a29a5.c000.gz.parquet	687,295,910	1,176	eng_Latn	eng_Latn	0.999343	eng_Latn	0.999343	[ "eng_Latn" ]	true	docling	[ 5311 ]
News & Views For alumni, students, associates, and friends of FSHN Institute of Food & Agricultural Sciences, University of Florida Volume IV, Issue 1, Spring 2004 FSHN Leads the Way in Nutritional Sciences Research FSHN faculty have always made exceptional contributions to research in their respective fields, and FSHN is back in the headlines this year. Early in 2004, two of our faculty were featured in Institute of Food and Agricultural Sciences news reports in recognition of their novel research findings. r. Jess Gregory, FSHN Professor, along with Dr. And nal y D rew Hanson, Griffin Eminent Scholar from the UF Department of Horticultural Sciences, guide an internatio team of researchers that has begun untangling the genetic code behind folate production in plants. The implications of this discovery are very exciting: in the future, it may be possible to develop food crops that are inherently rich in folate, a vitamin that is essential for growth and development. In developing nations, where folate deficienc is a common problem, such crops could make an enormous difference in the health of communities. p If their research team can manipulate the genes that hel produce folate in plants, then they can increase the amount of folate the plant produces. This type of genetic engineering, called "biofortification," results in crops that are fortified with specific nutrients. Biofortification has already resulted in the creation of a rice crop high in beta-carotene, a source of vitamin A from plant-derived foods. Here at the University of Florida, Drs. Hanson and Gregory have focused on the tomato plant. Not only are tomatoes consumed in many different cultures around the world, they are also often eaten raw. And since folate is unstable and can be lost when food is cooked, the tomato is thus an ideal choice for this type of research. Many other fruits and vegetables are also a good source of folate, including spinach, broccoli, beans and peas, avocados, oranges, and papayas. (cont., page 3) Dr. Bobbi Langka IFAS mp-Henken. Photo by Thomas Wright, News. courtesy of r. Bobbi Langkamp-Henken, FSHN Associate Professor, Kelli Herlinger-Garcia, FSHN Senior Biological Scientist, and mul f D tiple FSHN undergraduate volunteers are members of a UF team that studied how nutrition can help increase immune function in the elderly. Dr. Langkamp-Henken led a study on the effect of an experimental nutritional supplement on the ability o older persons to fight off influenza. Because flu shots are less effective in the elderly, they are considered an especially at-risk population during flu season. s, w Thirty-four participants with an average age of 83 participated in the study. One group was given the nutritional supplement beverage (a combination of various vitamin minerals, antioxidants, fiber, protein and energy) as well as a lo dose vitamin supplement for six months; another group was given a control beverage containing just protein and energy, and the low dose vitamin supplement. All participants were given the flu vaccine after the study began. In this issue: Results showed that 87% of participants who were given the nutritional supplement and finished the study (cont., page 3) FSHN Alumni Newsletter produced bi-annually Food Science & Human Nutrition Dept. College of Agricultural & Life Sciences Institute of Food & Agricultural Sciences University of Florida http://fshn.ifas.ufl.edu Editor: Janna L. Underhill Coord., Academic Support Services 352/392-1991, ext. 220 [email protected] We Welcome Your Input! Send all correspondence, articles, pictures, updates and comments to: Alumni Newsletter PO Box 110370, 359 FSHN University of Florida Gainesville, FL 32611-0370 Change of Address Moving, but still want to receive this newsletter and other UF publications? Please notify the UF Foundation: http://www.ufalumni.ufl.edu/interact/ (choose "Bio Update") Alumni Updates Norman Matella (BS, 1999; MS, 2003) is pursuing a PhD in Food Science at Michigan State University. Dr. Alexandra Marques de Oliveira (PhD, 2001) is on the faculty of the Fishery Industry Technical Center at the University of Alaska, Fairbanks. She conducts research in seafood processing and advises graduate students in the Seafood Science and Technology program. Kristen Degennaro (BS, 2003) was accepted into the St. Louis University School of Medicine. Elba Rodriguez (BS, 2003) was accepted into the ARAMARK Metropolitan Dietetic Internship in New York. Sara Tacy (BS, 2003), was accepted into the Oakland County Health Division Dietetic Internship in Michigan, focusing on community nutrition. Dr. Trevor Gentry (BS, 1996; MS, 1999) completed a PhD under Dr. John Roberts (BS, 1993; MS 1994) at Cornell University and is now working in food engineering and chemistry for the USDA Agricultural Research Service in Hawaii. Shawn Sprankle (BS, 1998; MS, 2001) is doing product development for SunPure here in Florida. Dr. Francis Antoine (PhD, 2000) and Deena Rogers (BS, 2001) are also at SunPure. Gabriel Cosenza (BS, 1999) completed an MS in Animal Science here at UF and is now continuing on in the PhD program in Animal Science. Dr. Diego Luzuriaga (BS, 1993; MS, 1995; PhD 1999) is working for Givaudan Roure. Minna Leibovitz (BS, 2001; MS, 2003) is working for Anheuser-Busch in Jacksonville. Congratulations go out to both Minna and her fiancée, Simon Schuster, who will be getting married this November. Erin Goggins (BS, 2001) was accepted into UF's Physician Assistant master's program. Gail Rampersaud (BS, 1997; MS, 1999) is an Assistant In faculty member in FSHN, providing support for research and education on nutrients in citrus and developing educational programs on folic acid. Some FSHN alumni pursuing master's degrees here in FSHN: Jeffrey Bobo (BS, 2000), Stephanie Hoke (BS, 2002), Louis Lichten (BS, 2002), Nineveh Ludlow (BS, 2001), David Mantilla (BS, 2002), C. J. Nieves (BS, 2000), Troy Pitts (BS, 2001), Jennifer Scheer (BS, 2000). FSHN Alumni currently pursuing a PhD in FSHN include: Bryan Boynton (BS, 1996; MS, 1999), Melissa Jones (BS, 2001), and Benjamin Warren (BS, 1998; MS, 2003). Dr. Renée Goodrich (PhD, 1996), Assistant Professor here in FSHN, is the current Chair-Elect for the Florida Section of the Institute of Food Technologists. Located at the Citrus Research and Education Center in Lake Alfred, her research focuses on juice chemistry and processing. Dr. Renée Goodrich Liv Bader (BS, 1997; MS, 2003) and Andre Reodica (BS, 2003) are with Bacardi in Jacksonville. Dr. Sara Rathman (PhD, 2003) accepted a post-doc position with NASA. Michael Herman (BS, 2001) is pursuing a master's degree in Health Services Administration here at UF. Danielle Pires (BS, 2001; MS, 2003) now works for The Father's Table, a frozen dessert company in Orlando. Saad Sebbana (BS, 1999; MS, 2001) works for PIC USA in Kentucky. Melissa Kirby (BS, 2001; MS, 2002) is a food scientist with ACH Food Companies, Inc. in Memphis, Tennessee. Dr. Haejung An (PhD, 1989) is an Associate Professor in the Department of Food Science and Technology at Oregon State University. Dr. Figen Korel (PhD, 2000) is now Assistant Department Chair in the Food Engineering Department in Manisa University, Turkey. Did we leave you out, or is our information outdated? Please drop us a line (see box, top left). Alumni S tt uccess Stories – Sco King Sco th his BS ood ent, Scott ed as the Vice President of Food Science r on l the ed in stitute of College Bowl mpetitio Scott was also e recipient of the FL Section Institute of od em utheaste sociation holarship in tt King graduated in 2000 Science. A very active stud wi in F se fo rv the Food Science and Human Nutriti C ub in 1998-1999, the Social Chair for FS In HN Club in 1999-2000, and participat Food Technologists co th ns in 1999 d 2000. an Fo Te ism Jr. orial nd the chnologists Grady W. Ch M So Scholarship in 1999, a rn F rs As ood Processo 2000. Sc Aft work for C U national, er graduation, Scott went to PI SA, a subsidiary of Sygen Inter K rs at PIC, d a sition with kevill g, he was pro uality Ma gest perso sition a. Scott is r entucky. After two successful yea ccepte isor po in an he was offered d a Quality Superv Kellogg's in moted to Plant n to hold this ponsible for Pi e, Kentucky. Just this sprin Q po nager and is now the youn in Kellogg's North Americ es e d from page 1 R search, continue io B fortified Tomatoes Aside synthesis, ano event the natural reduction of f icularly in the edible fruit itself. It is hoped that continued research will pave the way for fo rtification and thus proved health around the globe. ther goal is to pr from increasing folate olate in ripening tomatoes, late biofo part im lu-Fighting Nutrition F bodies, indicating that the elders were responding to the flu v d fewer days of flu-like symptoms than the control group – 78 s. any reasons. Previous studies have shown that nutrient deficie he body's response to vaccines, but in this study Langkamp-Henken made th h practitioners, this is clear evidence that good nutrition can er reduce days of cold and flu symptoms. This is especially important nly vitamins prior to the study. showed a fourfold increase in anti experimental formula also suffere This study is important for m accine. Those participants drinking the otal days compared to 156 total day t ncy can negatively impact immune e link between good nutrition and a not only help the elderly respond bett because this study found that o function and thus t specific clinical outcome. For healt to flu vaccines, but may also help 12 of the 34 participants regularly took this study is not available to the general public, La mercially . All evid better health. Although the liquid supplement used in seniors should take an inexpensive, com may help keep our senior citizens in ngkamp-Henken suggests that all ce suggests that this one simple step available multi-vitamin supplement en date Supplier's Night Up ty A Newest Facul ddition Institute of Food echnologists' Supplier's Night was held on nts from t nt, an erously agreed, as they do nnually, to support the FSHN Club financially T student reps rking with Dr. o Insfran t working with Dr. Steve Talcott) rganized and supervised the undergraduate o all upport the FSH rateful for the offers to o This year's FL Section T February 26 th in Orlando. Many stude FSHN Club volunteered to help at the eve return FL Section gen he d in for a the upcoming year. FL Section IF Gillian Folkes (PhD student wo Murat Balaban) and David del Poz (PhD studen o volunteers, and a special thanks goes out t students who worked so hard to s Club and FL Section. FSHN is g many professional opportunities IFT students. the N ur Please join us FSHN De wa St major in Fren his PhD in n from y 1998. He c Harvard Scho Nutrition, wh l years ch focuses on the the from Io Nutritio in severa in welcoming Dr. Mitch Knutson to partment. Dr. Knutson received his BS ate University in 1992 with a double h and Biochemistry, and c the University of California, Berkele omes to us most recently from the ol of Public Health Department of ere he was a Postdoctoral Fellow for Dr. Knutson's resear . ar mechanisms of iron transport and nutrition, nd presented numerous studies in these areas. With erience, both at utson ate course i for Nu on rition res lty students in Nutritional Sciences. biochemical and molecul and he has published a years of classroom exp will teach a FSHN gradu also developing a new course laboratory techniques in nut advisor to Berkeley and Harvard, Dr. Kn n Advanced Human Nutrition and is tritional Sciences undergraduates earch. He will also serve as a facu ing the progra icians a manag safety techn plant's quality assurance and food ms. He also supervises the lab d sanitarians. n Scott tel He says they fact t nies in ous e s, enc he cons ls us he loves working for Kellogg's. have a fantastic corporate philosophy, hat they are one of the largest food the United States is a testament to their fforts to produce high quality food ourage employee development, and umer happy. and the compa continu product keep t cott ad particular job one who ys campi g, hiking, fishing, and mountain , eastern Kentucky offers a wealth of tional opportunities. enjo biking recrea mits that one of the attractions of this was the location. For some S n forward to seeing Scott and other ery te of Food Technologists Annual It's a p with old friends and find out where our e gone. If you see Scott King in Las Vegas this July, please join us in congratulating him on all his successes! We all look year at the Institu chance to catch u alumni hav alumni ev Meeting. FSHN Achievements u combe Graduate ican Chemical ard of $2500 d she received g in New York ship, funded by llis Hunt families arch at the Citrus raduate research us juice quality and nds on flavor as a April Elston, PhD student working with Dr. R (professor) was awarded the Donald A. Withy Fellowship in Food Chemistry from the Amer Society (ACS). This is a one-time fellowship aw given to promising food chemistry students, an this award last fall at the National ACS meetin City. April also received a Hunt Brothers Fellow an endowment established by the Frank and E in Lake Wales, FL to support graduate rese Research and Education Center. April's g focuses on flavor chemistry to improve citr establishing the importance of various compou basi ssell Rouseff s for creating tests to measure quality. citrus juice flavor by analyzing changes in chemical components, with particular emphasis on the furan class of compounds. Wendy Bell, MS student also working with Dr. Russell Rouseff, was recently awarded the Herlong Endowed Graduate Scholarship. Funded by an endowment established by Leesburg citrus growers Mr. and Mrs. Byron Herlong, this scholarship recognizes Wendy's work in the area of grapefruit juice offflavors. She is studying the effects of thermal processing on st e winner of the Food Chemistry Division reparing to be Leaders of the 12 th World Congress of Food Science David del Pozo Insfran , PhD student working with Dr. Steve Talcott , was the 1 plac Research Paper Competition at the IFT Annual Meeting in Chicago last year. He was also the 2 nd place winner of the 2003 George F. Stewart International Research Paper Competition, and he represented the US at the "P Future" conference in the and Technology in Chicago. Juanita "Nita" Bagnall, FSHN Chemist, received an Institute of Food and Agricultural Sciences Superior Accomplishment Award this year honoring her outstanding contributions to FSHN in 2002-2003. Nita works in Dr. Harry Sitren's (FSHN Graduate Coordinator) laboratory, but last year she also acted as graduate secretary when that position was vacant, assisting FSHN graduate programs and students as needed. Please join us in thanking Nita for her dedication to FSHN. one 4 th year undergraduate from each n Outst nding cience Seni ccessful, an luding the UF Food m. e. Kelli is the reat deal of nd has an nces Senior ntal strated s, and is an hree of these Each year, FSHN chooses of its three academic specializations to receive a Senior award. This year, the Outstanding Food S Lanier Fender. Lanier has been academically su a or is d is active in many professional activities inc Product Development Team and the UF Dairy Judging Tea The Outstanding Dietetics Senior is Kelli Notestin current Treasurer of the FSHN Club, has donated a g her time to volunteer and extracurricular activities, a outstanding GPA. The Outstanding Nutritional Scie is Zameera Fida. Zameera is President of the Pre-de American Student Dental Association, has demon leadership in several other campus organization excellent student. Congratulations go out to all t exceptional students! he Institu esearch hort Cou Dr. Robert Braddock, FSHN Professor, received t of Food Technologists Citrus Processing Division R Development Award at the 43 te and rse rd Citrus Processing S in Clearwater Beach last fall. 2003) was just awarded the ciences (IFAS) 2004 Award of Excellen dissertation Professor in ment at Unesp-Paul Benjamin Parrish and Excellence outstanding continuing Dr. Roger Darros-Barbosa (PhD, Institute of Food and Agricultural S ce for Graduate PhD Research, recognizing his as the best in all of IFAS. He is now an Assistant the Food Engineering & Technology Depart ista State University in Sao Paulo, Brazil. And Warren, MS student working with Dr. Mickey Dr. Keith Schneider, won the IFAS 2004 Award of for Graduate MS Research in recognition of his master's thesis as the best in IFAS. Ben is on for his PhD in FSHN. Left: FSHN Food Product Development Team, 2004 (L-R): Lanier Fender, Danielle Bogan, David del Pozo Insfran, Morgan Phares, Allison Flores. Right: FSHN Dairy Judging Team, 2004 (L-R): David del Pozo Insfran, Allison Flores, Dr. R Fender on Schmidt (coach), Lanier , Morgan Phares. Please join us in congratulating the FSHN and Institute of Food Technologists (IFT) scholarship winners for the 2003-2004 nt ach ), and Allison Flores (Food Science). Food Science undergraduate Christopher Duncan won a national IFT scholarship, and PhD l E. Woodward Memorial Scholarship (awarded to Vincent Yeung) and the Robert P. Bates Scholarship (awarded to Taylor academic year. FL Section IFT winners are PhD stude Benjamin Warren and undergraduates Sean Altenb (Nutritional Sciences), Danielle Bogan (Food Science student April Elston won a Virginia Dare Scholarship. FSHN undergraduate scholarship winners are: Nyima Ali (Nutritional Sciences), Danielle Bogan (Food Science), Kelly Brook (Nutritional Sciences), Taylor Cookingham (Food Science), Cristin Cuozzo (Dietetics), Laura Heverling (Dietetics), Sara Langmaack (Nutritional Sciences), Joy Mueller (Nutritional Sciences), Nicole Sammons (Nutritional Sciences), Mari Takeda (Nutritional Sciences), Vincent Yeung (Nutritiona Sciences), and Kristine Yu (Food Science). Two brand new scholarships were awarded through FSHN this year: the Eugene Cookingham). ved the Sue Young Scholarship Sammons, Honors Me Undergradu Laura Heverling, Dietetics junior, recei from the University Women's Club this year. Nicole a Nutritional Sciences junior who is in the UF Junior dical Program, won the Gamma Sigma Delta ate Scholarship this year. Dr. Gail Kauwell has been promoted to full Professor. On Februar Research C y 16th 2004, FSHN, in cooperation with ABC orporation, held the 1 st annual Scramble for Scholarships. Thanks to golf tournament participants and generous donations from ABC Research Corporation, Florida Food Products, Syngenta Crop Protection, Darden Restaurants, and DuPont/Qualicon, $15,000 was raised from the tournament to provide graduate scholarship assistance to FSHN. Five teams (17 people) played in this year's event, and most participants shared in the more than $1500 in total prizes awarded.	<urn:uuid:9743cc43-44ae-4279-82ff-a2ef5d22197c>	CC-MAIN-2017-26	http://fshn.ifas.ufl.edu/media/fshnifasufledu/documents/newsletters/Alumni_Newsletter_S2004.pdf	2017-06-27T22:42:00Z	s3://commoncrawl/crawl-data/CC-MAIN-2017-26/segments/1498128321938.75/warc/CC-MAIN-20170627221726-20170628001726-00530.warc.gz	136,810,324	4,478	eng_Latn	eng_Latn	0.946911	eng_Latn	0.983361	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 3235, 7388, 12725, 18951 ]
La Moye School Homework Policy Purpose of this policy: - To ensure a consistent approach to homework throughout the school - To ensure that teachers, parents and pupils have a clear understanding regarding expectations for homework - To ensure that teachers, parents and pupils understand the role that they play with regard to homework - To provide a statement of intent. This policy will be adhered to whenever possible but there are times when the setting of homework may be inappropriate, e.g. during school productions. Aims of Homework: - To provide opportunities for parents and children to work together - To consolidate, reinforce and extend learning and skills - To allow parents to gain an understanding of what children are learning in school - To develop a home-school partnership - To encourage children to become self-motivated and independent learners - To prepare pupils for the next stage in their education - To develop a strong work ethic Scheme of work / Curriculum Mapping: - Homework will be planned for in the weekly short term planning and linked to current learning objectives - Homework will be communicated to parents via Homework/Reading Diaries and on the school VLE - Each week Maths and English will form part of the Homework for all age groups, supplemented by other subjects as appropriate Monitoring and Evaluation: - Parents and pupils will have the opportunity to feedback on Homework in the Homework/Reading Diaries and folders - KS Leaders will monitor and evaluate Homework set during planning scrutiny Resources: - Each child will be provided with a Homework Diary and/or a Homework Folder - A Homework Club will be offered to KS2 pupils on a 'needs' basis each week Health and Safety: - Parents will be encouraged to provide a safe and quiet place within the home for their child to complete set Homework What is the role of the Teacher/School? - To plan and set a programme of homework that is appropriate to the needs of the child - To ensure that all children understand the homework they have been given and that parents know what is required via the VLE - To mark and give feedback about homework - To inform parents if there is a problem regarding homework - To be available to pupils and parents to talk about homework. What is the role of the Parent/Carer? - To ensure that the child completes homework to a high standard of both content and presentation and hands it in on time - To support the child in completing homework - To provide the appropriate conditions to allow their child to complete homework effectively - To provide any appropriate additional resources when required - To ensure that their child brings home their login details for both the VLE and 'I Am Learning' - To check the school VLE regularly for homework information What is the role of the Pupil? - To ensure that they have everything they need to complete homework each week - To make sure that they understand the homework tasks that have been set - To hand homework in on time - To put in the same level of effort and care as would be expected of class work - To take care of Homework diaries and folders so that they remain in good condition - To take on board any feedback and use this to improve - To take on an increasing amount of responsibility for their own homework as they move through the school How is homework organised at La Moye school? - Homework takes 2 forms: Core Homework (required) Reaching for the Stars Homework (optional) - Core Homework follows national recommendations from DCSF, both English and Mathematics and includes an on line set element from 'I Am Learning' - Reaching for the Stars Homework includes self study and selection from 'I Am Learning' which will be marked and monitored on line. There is a variety of subjects to choose from, rewarded by points and games. Pupils will be able to work on areas identified as their learning targets as well as areas of interest. - Homework Club will be offered on a Friday after school from 3-3.45 pm for those children who require support. It is on an informal 'turn up as required' basis and will run in Y4F. Date of Review November 2016 Next Review November 2019	<urn:uuid:3adbb466-8a78-4de2-b811-30ec4a9deaae>	CC-MAIN-2023-14	https://www.gov.je/Freedom%20of%20Information%20library/ID%20FOI%20La%20Moye%2020191113.pdf	2023-03-20T23:36:07+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2023-14/subset=warc/part-00184-39c03058-7d78-443d-9984-102329513e3d.c000.gz.parquet	926,259,361	854	eng_Latn	eng_Latn	0.998175	eng_Latn	0.998365	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1860, 4198 ]
SUPPORTIVE SERVICES FOR VETERANS FAMILIES (SSVF) Manufacturing, hospitality, general labor, security, healthcare, retail, automotive, administrative, IT, warehouse, transportation…and more. Come professionally dressed and prepared to meet with company representatives. BRING COPIES OF YOUR RÉSUMÉ! The job fair is not just for veterans – Everyone is Welcome! Wednesday, May 16, 2018 10:00 am – 1:00 pm Project PLASE 3601 Old Frederick Road Baltimore, MD 21229 For more information, contact: Carrie Williams, Employment Specialist (410) 837-1400 ext. 153	<urn:uuid:6d1955f5-91de-4c15-b460-6f04707e959a>	CC-MAIN-2018-22	http://www.dllr.state.md.us/employment/jobfairs-may162018.pdf	2018-05-25T07:05:53Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-22/segments/1526794867046.34/warc/CC-MAIN-20180525063346-20180525083346-00076.warc.gz	372,268,311	138	eng_Latn	eng_Latn	0.936727	eng_Latn	0.936727	[ "eng_Latn" ]	false	rolmOCR	[ 561 ]
UniVessel® SU Single-Use Bioreactor Proven Design, Ready for the Future The UniVessel® SU is a stirred tank single-use bioreactor. It combines the proven, scalable design of glass bioreactors and the fast turnaround of single-use systems. UniVessel® SU is compatible with your controller and can be used interchangeably with glass vessels to help you efficiently manage peak workloads despite challenging timelines. The broad range of accessories, such as a heating/cooling jacket, heating blanket, pressure relief unit and dedicated motor adaptors, enables you to connect the UniVessel® SU culture vessel to virtually any brand of bioreactor controller that you already use. Moreover, single-use sensors for pH and DO are included with every UniVessel® SU. Used together with the UniVessel® SU Connection Box, these sensors can be interfaced with nearly any bioreactor controller. As a result, this eliminates the need for labor-intensive steps involving probe autoclaving and insertion. Since you discard the complete vessel after use, you no longer have to bother with the hassle of cleaning, autoclaving and reinstallation. UniVessel® SU Culture Vessel Single-use from vessel to sensors UniVessel® SU Connection Box Single-use sensor convenience for existing bioreactor controller. Benefits & Applications Benefits Proven and scaleable design Reduce your time and effort for process development, optimization and validation Compatible with your existing bioreactor controller Upgrade your bioreactor controller with state of the art single-use culture vessels Interchangeable with existing glass vessels Helps you to manage peaks and challenging timelines Single-use from vessel to sensors For more runs with your available lab resources Applications – Process development – Process optimization – Stem cell cultivation – Process validation – Adherent cell culture with micro carriers UniVessel® SU Holder For more safety and non-invasive sensor technology. The UniVessel® SU culture vessel is available with a working volume range of 0.6 to 2L. It is assembled, irradiated and shipped ready-to-use. Moreover, it comes with single-use pH and DO sensors that further reduce the preparation time required to an absolute minimum; for more runs with your available lab resources. Similar to glass stirred-tank bioreactors, all vessel ports are located on the lid. The vessel lid has three addition ports, three ports with dip tubes for harvesting or media addition, three sensor ports, a thermowell for inserting a temperature sensor and a needle-free septum port for sampling. The stirrer shaft features two 3-blade segment impellers for efficient and low-shear mixing. Aeration takes place either in a submerged configuration via an L-type sparger with tiny holes and/or through the headspace. Both air inlet and exhaust are equipped with sterilizing-grade air filters; additionally, the exhaust features a dual parallel filter assembly. All fluid ports come with thermo-weldable tubing and with common MPC or Luer connectors. All tubing can be secured at the vessel lid to maintain an orderly working space. ### Technical Specifications \| Material (product contact) \| Polycarbonate \| \|----------------------------\|---------------\| \| Vessel & components \| \| \| Tubings \| Silicone, CFlex® \| \| O-Ring \| Seal \| EPDM \| #### Volume \| Total \| 2.6 L \| \|-------\|-------\| \| Max. Working \| 2 L \| \| Minimum \| 0.6 L \| #### Impeller \| Type \| 3-blade segment impeller 30° angled \| \|------\|-------------------------------------\| \| Number of impellers \| 2 \| \| Flow characteristics \| down flow \| \| Diameter \| 54 mm \| \| Lower impeller distance to bottom \| 47.3 mm \| \| Impeller distance \| 70.2 mm \| #### Sparger \| Hole diameter \| L-Sparger 0.5 mm \| #### Dimensions \| Vessel inner diameter (top) (1.5° slope) \| 130 mm \| \|-----------------------------------------\|--------\| \| Vessel inner height \| 242 mm \| \| Vessel weight \| 1 kg \| \| Diameter thermowell \| 8 mm \| \| Gas Filters \| Midisart, 0.2 µm \| \| Maximum operating pressure \| 0.5 barg \| \| Maximum operating temperature \| 50 °C \| \| Vessel bottom design \| torospherical \| \| Sterilization \| Irradiated to dose exceeding 25 kGy \| --- 1. Thermowell (not shown) 2. Motor adaptor seat 3. Exhaust, silicone tubing with Y-piece and dual Midisart BV 0.2 µm filter 4. Addition 1, TPE tubing: ¼" × ¼" × 900 mm, male Luer ¼" 5. Gas inlet: L–sparger, silicone tubing, with Midisart BV 0.2 µm filter 6. 12 mm sensor port 7. Dip tube 3, below min. working volume, TPE tubing: ¼" × ¼" × 900 mm, male Luer ¼" 8. Label with calibration data 9. Single-use sensors for pH and DO 10. Addition 3, TPE tubing: ¼" × ¼" × 900 mm, female Luer ¼" 11. Sampling with needle free septum port 12. Dip tube 2, bended to vessel bottom, TPE tubing: ¼" × ¾/16" × 900 mm, male MPC ¼" 13. Gas inlet: Overlay, silicone tubing, with Midisart BV 0.2 µm filter 14. Addition 2, TPE tubing: ¼" × ¾/16" × 900 mm, female MPC ¼" 15. Dip tube 1, min. working volume TPE tubing: ¼" × ¼" × 900 mm, male Luer ¼" The UniVessel® SU holder securely supports the UniVessel® SU to ensure that the vessel cannot tip over during operation. It is available in two versions: basic and optical. The basic version is recommended when you use the UniVessel® SU with conventional sensors. The optical version features built-in optoelectronics for pH and DO single-use sensors. Besides a digital communications port, the optical version has integrated electrochemical sensor (ECS) interfaces for pH and DO. The ECS interfaces can be easily connected to your existing bioreactor controller using the standard probe connections. What’s more, you can directly connect a BIOSTAT® B-DCU II over the digital communication interface. ### Technical Specifications #### UniVessel® SU Holder, basic \| Dimensions \| 265 x 110 x 350 mm \| \|---------------------\|---------------------\| \| \| 10.4" x 4.3" x 13.8" \| \| Weight \| 13.7 kg \| 28.7 lbs \| #### UniVessel® SU Holder, optical \| Dimensions \| 265 x 110 x 350 mm \| \|---------------------\|---------------------\| \| \| 10.4" x 4.3" x 13.8" \| \| Weight \| 14 kg \| 30.9 lbs \| #### Interface optical holder \| Connector \| \|--------------------\| \| Digital RS485 \| \| Temperature* \| \| ECS pH* \| \| ECS DO* \| * Only required for use with UniVessel® SU Connection Box #### Optical DO measurement \| Measurement range \| 0–100% air saturation (a.s.) \| \|--------------------\|-------------------------------\| \| ECS sensor signal \| 0 – 300 nA \| \| \| 0 – 76 ± 6 nA = 0 – 100% a.s. \| \| Resolution \| 0.1% a.s. \| \| Accuracy \| ± 1% a.s. \| \| Temperature range \| 5 – 50°C \| \| Drift \| < 0.5% a.s per day sampling interval \| #### Optical pH measurement \| Measurement range \| 6.0 – 8.0 \| \|--------------------\|-----------\| \| ECS sensor signal \| −500 – 500 mV \| \| Resolution \| 0.01 \| \| Accuracy \| 0.1 \| \| \| (±1.0 pH range centered around pH of 1-point-cal) \| \| Temperature range \| 5 – 50°C \| \| Drift \| < 0.05 per day sampling interval \| In combination with the UniVessel® SU optical holder, the UniVessel® SU Connection Box enables you to utilize single-use pH and DO sensors with a bioreactor controller that cannot be directly connected over a digital interface. The Connection Box is designed to align the pH and DO measuring path of the bioreactor controller via setting the reference value for calibration, as well as for inputting calibration data for single-use sensors. The sensor calibration data can be entered either manually or quickly read in by a barcode scanner. The touch-screen control panel has a frameless design, which eliminates difficult-to-clean edges and gaps, and therefore is well protected against moisture and cleaning agents. The UniVessel® SU Connection Box can be connected to up to four (4) UniVessel® SU optical holders. By simple rotation of the control panel, it can be conveniently converted from a desktop unit to a space-saving wall- or rack-mounted version. Technical Specifications UniVessel® SU Connection Box \| Specification \| Details \| \|-------------------------------\|----------------------------------------------\| \| Dimensions \| 226 x 200 x 188 mm \| \| \| 8.9" x 7.9" x 7.4" \| \| Weight \| 4 kg / 8.8 lbs \| \| Enclosure rating \| IP 20 \| \| Operating temperature \| +5°C – 40°C \| Operation \| Specification \| Details \| \|-------------------------------\|----------------------------------------------\| \| Display \| 7" \| \| Operation \| Touch screen \| Interfaces \| Specification \| Details \| \|-------------------------------\|----------------------------------------------\| \| Power supply \| 24 V DC +/- 5%, \| \| \| 40 W \| \| Bar code scanner \| 1 x USB \| \| UniVessel® SU Holder optical \| 4 x RS485 \| \| Installation \| Desk or wall mounting \| Power adaptor \| Specification \| Details \| \|-------------------------------\|----------------------------------------------\| \| AC adaptor* \| 100 – 240 V (AC), \| \| (included) \| 50 – 60 Hz, 1,1 A \| UniVessel® SU Heating Blanket The blanket is used to control the temperature of the UniVessel® SU for bioreactor controllers that have a heating blanket socket. The heating blanket can be easily wrapped around the UniVessel® SU and secured tightly by hook and loop connectors for optimal heat transfer. UniVessel® SU Pressure Relief Unit A bioreactor controller for glass culture vessels may have safety valves integrated that require relatively high pressure to trigger, or even none at all. The UniVessel® SU pressure relief unit features two flowpaths – one for Overlay and one for Sparger – that each have a safety valve to protect the UniVessel® SU from excessive operating pressure. UniVessel® SU Filter Heater The filter heater is used for heating the exhaust filter to prevent potential blockage. In addition, it holds the exhaust filter in an upright position to ensure that condensate flows back into the culture vessel as it forms. UniVessel® SU Heating \| Cooling Jacket The heating \| cooling jacket controls the temperature of the UniVessel® SU with a bioreactor controller that has a built-in or external thermocirculator. The jacket can be easily wrapped around the UniVessel® SU and tightly secured by hook and loop connectors for optimal heat transfer. UniVessel® SU Motor Adaptor The UniVessel® SU can be used with most bioreactor controllers for glass culture vessels. Stainless steel adaptors for several existing motors are available and can be mounted on the UniVessel® SU stirrer shaft coupling. The motor adaptor features a bayonet lock for secure motor and vessel connection. Technical Specifications UniVessel® SU Heating Blanket \| Material \| Silicon \| \|---------------\|---------\| \| Insolation \| Silicon foam \| \| Power \| 200 W \| \| Power supply \| 120/230 VAC \| \| Plug \| Amphenol eco mate 6-pol +PE \| \| Connection cable \| 1 m \| UniVessel® SU Pressure Relief Unit \| Dimensions (W x H x D) \| 133 x 136 x 88 mm \| \|------------------------\|-------------------\| \| Weight \| 0.55 kg \| 1.2 lbs \| \| Housing material \| Stainless steel \| \| Gas inlet/outlet \| Hose barb OD 6 mm \| \| Opening pressure \| ≤ 0.5 barg \| UniVessel® SU Filter Heater \| Material \| Silicon \| \|---------------\|---------\| \| Power \| 7 W \| \| Power supply \| 100 – 240 V (AC), 50 – 60 Hz \| UniVessel® SU Heating \| Cooling Jacket \| Outer material \| Silicon coated fiberglass \| \|---------------\|--------------------------\| \| Fluid flow line \| Flexible stainless steel pipe \| \| Insulation \| Elastomer \| \| Connections \| Quick couplings \| \| Operating pressure \| max. 6 barg \| \| Operating temp. \| 4 °C – 95 °C \| \| Heating time \| 0.2 °C/min \| * at flow temperature 80 °C Sales and Service Contacts For further contacts, visit www.sartorius-stedim.com Europe Germany Sartorius Stedim Biotech GmbH August-Spindler-Strasse 11 37079 Goettingen Phone +49.551.308.0 Fax +49.551.308.3289 Sartorius Stedim Systems GmbH Robert-Bosch-Strasse 5 – 7 34302 Guxhagen Phone +49.5665.407.0 Fax +49.5665.407.2200 France Sartorius Stedim Biotech S.A. ZI Les Paluds Avenue de Jouques – CS 91051 13781 Aubagne Cedex Phone +33.442.845600 Fax +33.442.845619 Sartorius Stedim France SAS ZI Les Paluds Avenue de Jouques – CS 71058 13781 Aubagne Cedex Phone +33.442.845600 Fax +33.442.846545 Austria Sartorius Stedim Austria GmbH Franzosengraben 12 1030 Vienna Phone +43.1.7965763.18 Fax +43.1.796576344 Belgium Sartorius Stedim Belgium N.V. Leuvensesteenweg, 248/B 1800 Vilvoorde Phone +32.2.756.06.80 Fax +32.2.756.06.81 Hungary Sartorius Stedim Hungária Kft. Kagyiol u. 5 2092 Budakeszi Phone +36.23.457.227 Fax +36.23.457.147 Italy Sartorius Stedim Italy S.p.A. Via dell’Antella, 76/A 50012 Antella–Bagno a Ripoli (FI) Phone +39.055.63.40.41 Fax +39.055.63.40.526 Netherlands Sartorius Stedim Netherlands B.V. Edisonbaan 24 3439 MN Nieuwegein Phone +31.30.6025080 Fax +31.30.6025099 Poland Sartorius Stedim Poland Sp. z o.o. ul. Wrzesinska 70 62–025 Kostrzyn Phone +48.61.647.38.40 Fax +48.61.879.25.04 Russian Federation LLC “Sartorius ICR” Uralskaya str. 4, Lit. B 199155, Saint-Petersburg Phone +7.812.327.5.327 Fax +7.812.327.5.323 Scandinavia Sartorius Stedim Nordic A/S Hoerskaetten 6D, 1. 2630 Taarup, Denmark Phone +45.7023.4400 Fax +45.4630.4030 Spain Sartorius Stedim Spain SA C/Isabel Colbrand 10, Oficina 70 Polígono Industrial de Fuencarral 28050 Madrid Phone +34.90.2110935 Fax +34.91.3589623 Switzerland Sartorius Stedim Switzerland AG Ringstrasse 24 a 8317 Tagelswangen Phone +41.52.354.36.36 Fax +41.52.354.36.46 U.K. Sartorius Stedim UK Ltd. Longmead Business Centre Blenheim Road, Epsom Surrey KT19 9 QO Phone +44.1372.737159 Fax +44.1372.728171 America USA Sartorius Stedim North America Inc. 5 Orville Drive, Suite 200 Bohemia, NY 11716 Toll-Free +1.800.368.7178 Fax +1.631.254.4253 Argentina Sartorius Argentina S.A. Int. A. Aavalos 4251 B1605ECS Munro Buenos Aires Phone +54.11.4721.0505 Fax +54.11.4762.2333 Brazil Sartorius do Brasil Ltda Av. Dom Pedro I, 241 Bairro Vila Pires Santo André São Paulo Cep 09110-001 Phone +55.11.4451.6226 Fax +55.11.4451.4369 Malaysia Sartorius Stedim Malaysia Sdn. Bhd. Lot L3-E-3B, Enterprise 4 Technology Park Malaysia Bukit Jalil 57000 Kuala Lumpur, Malaysia Phone +60.3.8996.0622 Fax +60.3.8996.0755 Singapore Sartorius Stedim Singapore Pte. Ltd. 1 Science Park Road, The Capricorn, #05–08A, Singapore Science Park II Singapore 117528 Phone +65.6872.3966 Fax +65.6778.2494 Asia \| Pacific Australia Sartorius Stedim Australia Pty. Ltd. Unit 5, 7–11 Rodeo Drive Dandenong South Vic 3175 Phone +61.3.8762.1800 Fax +61.3.8762.1828 China Sartorius Stedim Biotech (Beijing) Co. Ltd. Airport Industrial Zone B No. 33 Yu’an Road Beijing 101300, Shunyi District Phone +86.10.80426516 Fax +86.10.80426580 Sartorius Stedim Biotech (Beijing) Co. Ltd. Shanghai Branch office Room 618, Tower 1, German Centre, Shanghai, PRC., 201203 Phone +86.21.28986393 Fax +86.21.28986392.11 Sartorius Stedim Biotech (Beijing) Co. Ltd. Guangzhou representative office Room 704, Broadway Plaza, No. 233–234 Dong Feng West Road Guangzhou 510180 Phone +86.20.8351.7921 Fax +86.20.8351.7931 South Korea Sartorius Korea Biotech Co., Ltd. 8th Floor, Solid Space B/D, PanGyoYeok-Ro 220, BunDang-Gu SeongNam-Si, GyeongGi-Do, 463–400 Phone +82.31.622.5700 Fax +82.31.622.5799 Japan Sartorius Stedim Japan K.K. Kiba Park Bldg 5–11–13 Kiba Koto-ku Tokyo 135–0042 Phone +81.3.5639.9981 Fax +81.3.5639.9983 India Sartorius Stedim India Pvt. Ltd. #69/2-69/3, NH 48, Jakkasandra Nelamangala Tq 562 123 Bangalore, India Phone +91.80.4350.5250 Fax +91.80.4350.5253	9d8d7f59-4da8-4c84-861e-694e14ea2cb3	CC-MAIN-2022-33	https://www.sartorius.com/download/10486/broch-univessel-su-sbi1515-e-data.pdf	2022-08-13T12:59:16+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2022-33/subset=warc/part-00246-d466b69e-be2b-4525-ac34-1b10d57329da.c000.gz.parquet	878,510,117	4,543	eng_Latn	eng_Latn	0.780791	eng_Latn	0.87509	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "kiu_Latn" ]	true	docling	[ 71, 1130, 1978, 5231, 7487, 10342, 13102, 17024 ]
FOREIGN COMPANIES BILL 2013 Explanatory Memorandum 1. This Bill, which is promoted by the Treasury, requires certain foreign companies and other bodies with legal personality to register in the Island. If enacted, its provisions will replace the provisions currently located in Part XI of the Companies Act 1931. 2. Clause 1 states the short title of the Bill. 3. Clause 2 provides for the Bill to commence by appointed day order made by the Treasury. 4. Clause 3 gives definitions for certain words and expressions used in the Bill. 5. Clause 4 defines what is meant by a "foreign company". The expression potentially includes any foreign entity with legal personality which is not an individual. 6. Clause 5 describes the circumstances when the Bill applies to a foreign company. These include carrying on business from an established place of business in the Island or holding land in the Island. A foreign entity which is not conducting business or holding land in the Island but which has an established nexus with the Island may elect that the provisions of the Bill are to apply to it. 7. Clause 6 requires the Department of Economic Development ("the Department") to maintain a public register of foreign companies registered in the Island. 8. Clause 7 obliges a foreign company to register within one month of the provisions of the Bill applying to it. 9. Clause 8 makes provision about the process of application for registration. 10. Clause 9 specifies certain "required details" which every application for registration must contain. 11. Clause 10 makes provision about the name under which a foreign company may be registered. 12. Clause 11 requires a registered foreign company to ensure it can accept service of process and other notices. 13. Clause 12 sets out how the application for registration is to be determined by the Department. 14. Clause 13 requires a registered foreign company to notify the Department of the happening of certain events. 15. Clause 14 requires a registered foreign company to make an annual return to the Department. 16. Clause 15 enables the Treasury by order to make provision about trading disclosures for registered foreign companies. 17. Clause 16 enables the Treasury by regulations to require registered foreign companies to comply with legislative provisions which apply to Manx companies (and similar domestic entities). 18. Clause 17 specifies the circumstances when the Department may remove a foreign company from the register. 19. Clause 18 enables a person who is aggrieved by a decision of the Department under the Bill to appeal to the High Court. 20. Clause 19 makes it an offence to make a false or misleading statement to the Department. 21. Clause 20 specifies the range of penalties for offences committed under the Bill and makes provision to cater for circumstances where an offence is committed by an entity with legal personality which is not an individual. It also confers a defence on a person who took all reasonable precautions and exercised all due diligence to avoid committing the offence. 22. Clause 21 enables the Treasury to make regulations about the detailed operation of the Bill. These must be expressly approved by Tynwald. 23. Clause 22 enables the Department to publish "approved forms" for use for the purposes of submitting information to it under the Bill. 24. Clause 23 enables the Department by order to set the fees payable under the Bill. The order must be expressly approved by Tynwald. 25. Clause 24 confers discretion on the Department as to the form it may keep information and documents submitted to it under the Bill. 26. Clause 25 specified the circumstances when the Department may refuse to register documents submitted to it under the Bill. 27. Clause 26 and the Schedule provide for the consequential amendment of enactments. 28. Clause 27 treats a foreign company which is already registered under Part XI of the Companies Act 1931 as duly registered under the Bill. 29. [Statement of financial effects to be added] 30. In the opinion of the member moving the Bill its provisions are compatible with the Convention rights within the meaning of the Human Rights Act 2001. c FOREIGN COMPANIES BILL 2013 Index c c FOREIGN COMPANIES BILL 2013 A BILL to require certain foreign companies and other bodies with legal personality to register in the Island; and for connected purposes. BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Council and Keys in Tynwald assembled, and by the authority of the same, as follows:— PART 1 – OPENING PROVISIONS 1 Short title The short title of this Act is the Foreign Companies Act 2013. 2 Commencement (1) This Act (other than section 1 and this section) comes into operation on the day appointed by the Treasury and different days may be appointed for different provisions and different purposes. (2) An order under subsection (1) may make transitional and saving provisions which the Treasury considers necessary or expedient. 3 Interpretation In this Act — "approved form" has the meaning given by section 22; "Department" means the Department of Economic Development; "foreign company" has the meaning given by section 4; "incorporated", in respect of a foreign company, includes formed, registered or otherwise established (and "incorporation" is to be construed accordingly); "prescribed fee" means the fee prescribed by order made under section 23; "publish" means to publish in a manner likely to bring it to the attention of those affected by or interested in the publication; "register", as a noun, means the register of foreign companies maintained by the Department in accordance with section 6; "register", as a verb in relation to an act done by the Department, means to retain (where appropriate) and register in the register of foreign companies; "regulations" means regulations made under section 21. 4 Meaning of foreign company (1) In this Act, "foreign company" means a person (by whatever name called) which — (a) has legal personality but is not an individual; and (b) is incorporated under the laws of a jurisdiction outside the Island. (2) Without limiting subsection (1), each of the following persons would be a foreign company if the person were incorporated under the laws of a jurisdiction outside the Island — (a) a company within the meaning of the Companies Acts 1931; (b) a company to which the Companies Act 2006 applies; (c) a protected cell company within the meaning of the Protected Cell Companies Act 2004 or the Companies Act 2006; (d) an incorporated cell company within the meaning of the Incorporated Cell Companies Act 2010; (e) an incorporated cell within the meaning of the Incorporated Cell Companies Act 2010; (f) a company continued in the Island under Part 1 of the Companies (Transfer of Domicile) Act 1998; (g) a limited liability company to which the Limited Liability Companies Act 1996 applies; (h) a foundation to which the Foundations Act 2011 applies; and (i) a limited partnership to which Part II of the Partnership Act 1909 applies which has legal personality by virtue of section 48B of that Act. (3) The Treasury may — (a) by order amend subsection (2) to add persons to or remove persons from the list of persons that would be foreign companies were they not incorporated under the laws of the Island; or (b) by regulations, prescribe other persons, or classes or descriptions of person, which are foreign companies for the purposes of this Act. (4) Before making an order under subsection (3)(a), the Treasury must consult such persons as it considers appropriate. (5) An order under subsection (3)(a) must not come into operation unless it is approved by Tynwald. 5 Foreign companies to which this Act applies (1) This Act applies to a foreign company which — (a) carries on, or is held out as carrying on, business from an established place of business in the Island; (b) holds land in the Island (other than by way of security); or (c) elects under subsection (4) that this Act is to apply to it. (2) For the purposes of subsection (1)(a), holding out includes any express or implicit indication that the company is carrying on business from an established place of business in the Island. (3) A foreign company is not to be treated as carrying on business from an established place of business in the Island (or being held out as such) by reason only of the company — (a) being a party to, or settling, legal proceedings; (b) holding meetings or carrying on activities which relate only to its internal affairs; (c) maintaining a bank account; (d) purchasing or investing in assets (except in land in the Island); (e) selling its assets; (f) holding property (except land in the Island); (g) charging its property; (h) incurring debt; (i) collecting monies owing to it; (j) enforcing its legal rights; or (k) receiving services which — (i) are provided by the holder of a licence issued under section 7 of the Financial Services Act 2008 whose licence permits the holder to carry on the regulated activity (within the meaning of section 3(1) of that Act) of providing corporate services 1 ; and (ii) are corporate services for the purposes of that Act. (4) However, a company to which subsection (3) applies may elect to be treated as a company to which this Act applies and may accordingly make an application under section 8. 1 See the provisions in Schedule 1 to the Regulated Activities Order 2011 [SD 884/11] concerning class 4 (corporate services). (5) The Treasury may by order amend subsection (1) or (3) to add to or remove from the list of circumstances — (a) which apply this Act to a foreign company; or (b) which result in a foreign company not being treated as having an established place of business in the Island. (6) Before making an order under subsection (5), the Treasury must consult such persons as it considers appropriate. (7) An order under subsection (5) must not come into operation unless it is approved by Tynwald. PART 2 – REGISTRATION OF FOREIGN COMPANIES 6 Register of foreign companies (1) The Department must maintain a register of foreign companies registered under this Act. (2) The Department must make the register available for public inspection at any reasonable time. (3) On payment of the prescribed fee, the Department must supply a person with a certificate stating whether or not a named foreign company is registered under this Act. (4) A certificate described in subsection (3) is admissible in legal proceedings. 7 When registration is required (1) A foreign company to which this Act applies must make an application for registration under section 8 within one month of this Act applying to it. (2) For the purposes of subsection (1), a company which elects under section 5(4) to be treated as a company to which this Act applies must make an application under subsection (1) within one month of the election. (3) A foreign company which fails to comply with subsection (1) commits an offence. 8 Application for registration (1) When an application for registration under this section is required to be made, it must be made to the Department. (2) An application under subsection (1) must — (a) be in the approved form; c (b) specify the required details specified in section 9 in respect of the foreign company; and (c) be accompanied by the prescribed fee. (3) A fee paid under subsection (2)(c) is non-refundable, regardless as to whether or not the application is successful. (4) A foreign company commits an offence if it fails to specify the required details in its application. 9 Required details (1) The "required details" are — (a) the name under which the foreign company is incorporated in its jurisdiction of incorporation; (b) the name under which it is proposed to be registered under this Act, if different from the name specified in paragraph (a) (see section 10(2) to (4)); (c) its jurisdiction of incorporation; (d) its date of incorporation; (e) the number under which it is incorporated in its jurisdiction of incorporation; (f) if the foreign company does not have an established place of business in the Island, the address of its registered office or principal place of business in its jurisdiction of incorporation; (g) if the foreign company has an established place of business in the Island, the business address; (h) if the foreign company holds land in the Island (other than by way of security), the address of the land; and (i) the name of and address of each person who is authorised to accept service of process and any notices required to be served on the company (see section 11)— (i) in the Island; or (ii) in respect of its activities or presence in the Island. (2) The Treasury may by order amend subsection (1) to add matters to or remove matters from the list of required details. (3) Before making an order under subsection (2), the Treasury must consult such persons as it considers appropriate. (4) An order under subsection (2) may not come into operation unless it is approved by Tynwald. 10 Registered name of foreign company (1) The Company and Business Names etc Act 2012 has effect in respect of the names of foreign companies to which this Act applies. (2) A foreign company to which this Act applies must be registered under this Act under the name under which the foreign company is incorporated in its jurisdiction of incorporation unless — (a) the name contravenes section 7(3) of the Company and Business Names etc Act 2012; or (b) an application under section 6 of that Act for name approval is otherwise refused. (3) If the name under which the foreign company is incorporated in its jurisdiction of incorporation is changed, an application must be made under the Company and Business Names etc Act 2012 to change the name under which the company is registered under that Act. (4) If subsection (2) precludes the company from being registered under the name under which the foreign company is incorporated in its jurisdiction of incorporation, the company may be registered under this Act under a different (subject to complying with the requirements of the Company and Business Names etc Act 2012). (5) A foreign company may only hold land in the Island under the name by which it is registered under this Act (see section 5). (6) A foreign company may only carry on business from the Island under — (a) the name by which it is registered under this Act (see section 5); or (b) a business name under which it is registered under the Registration of Business Names Act 1918. (7) A foreign company which contravenes subsection (3), (5) or (6) commits an offence. 11 Accepting service of process (1) A foreign company to which this Act applies must make provision to ensure that it is able to accept service of process and any notices required to be served on the company in accordance with this section. (2) If the foreign company has an established place of business in the Island, it must make provision for the company to accept service at the place of business in the Island. (3) If the foreign company holds land in the Island (other than by way of security), it must make provision for the company to accept service — (a) at an address in the Island; or (b) if there is no address in the Island, at an address outside the Island. c (4) The foreign company must appoint a person or persons to accept service of process and any notices required to be served on the company in accordance with this section (see section 9(1)(i)). 12 Registration of foreign company (1) In relation to an application under section 8, the Department must ― (a) approve the application; or (b) refuse the application. (2) The Department may only refuse the application if it contains a document which the Department may refuse to accept for a reason specified in section 25. (3) If the application is refused, the Department must provide the foreign company with a statement of reasons for the decision. (4) If the application is approved, the Department must — (a) register the information and documents submitted with the application in the register (see section 6); (b) allot a unique number to the company; (c) issue a certificate of registration to the foreign company in the form determined by the Department; and (d) retain a copy of the certificate issued. (5) A certificate issued under subsection (4)(c) is conclusive evidence that the foreign company is registered under this Act on the date specified in the certificate. 13 Notification of certain events (1) A foreign company which is registered under this Act must notify the Department within one month of the occurrence of an event described in subsection (2). (2) The events to be notified under subsection (1) are — (a) a change to the address or place at which the company accepts service of process and any notices required to be served on the company (see section 11); (b) a change to a person, or to the details of a person, authorised to accept service of process and notices on behalf of the company (see section 9(1)(i)); (c) the company ceases to exist, or ceases to have legal personality, under the laws of its jurisdiction of incorporation; or (d) the company ceases to be a foreign company to which this Act applies (see section 5). (3) For the purposes of subsection (2)(d), a company to which this Act applies only by reason of an election under section 5(4) ceases to be a company to which this Act applies if it so elects. (4) A notification under subsection (1) must be — (a) in the approved form; and (b) accompanied by the prescribed fee. (5) A foreign company which fails to comply with subsection (1) or (4) commits an offence. 14 Annual return (1) A foreign company which is registered under this Act must make an annual return to the Department. (2) The return must be — (a) in the approved form; and (b) accompanied by the prescribed fee. (3) The annual return must be made up to the company's return date. (4) The foreign company must forward the return to the Department within one month after the company's return date. (5) The "company's return date" means the anniversary of the company's incorporation in its jurisdiction of incorporation or such other date as is agreed between the Department and the company. (6) A foreign company which fails to comply with this section commits an offence. 15 Trading disclosures The Treasury may by regulations require a foreign company which is registered under this Act — (a) to display specified information in specified locations; (b) to state specified information in specified descriptions of document or communication; and (c) to provide specified information on request to those the company deals with in the course of the company's business. 16 Power to require compliance with Manx law (1) The Treasury may by regulations require a foreign company which is registered under this Act to comply with a provision of an enactment mentioned in section 4(2) which the foreign company would be required to comply with if the foreign company were incorporated under the laws of the Island. c (2) The regulations may modify the provision of the enactment which the foreign company is to comply with so as to secure compliance with the provision. 17 Removal from the register (1) The Department may remove a foreign company which is registered under this Act from the register in the circumstances described in subsection (2). (2) The circumstances are — (a) the company ceases to be a foreign company to which this Act applies (see section 5) and demonstrates to the reasonable satisfaction of the Department that the company should be removed from the register; or (b) the company fails to submit an annual return under section 14 to the Department within 4 months after the company's return date. (3) If a foreign company is removed from the register, the Department must publish notice of the removal in such manner as it determines. (4) A foreign company which has been removed from the register may make a further application for registration under section 8. (5) However, the application referred to in subsection (4) must be accompanied by — (a) each outstanding annual return; (b) the prescribed fee in respect of each outstanding annual return (see section 14); and (b) an additional prescribed fee in respect of the application for registration (see section 8). (6) Subsection (5) is additional to the requirements of section 8. PART 3 – MISCELLANEOUS PROVISIONS 18 Appeals (1) A person who is aggrieved by a decision of the Department under this Act may appeal to the High Court, in accordance with rules of court, within one month after the date of the decision or such further time as the Court allows. (2) On the determination of the appeal the Court must confirm, vary or revoke the decision in question. (3) The variation or revocation of a decision does not affect the previous operation of that decision or anything duly done or suffered under it. (4) A decision of the Court on an appeal under this section is binding on the Department and the appellant. 19 False and misleading statements (1) A person commits an offence if, when giving information to the Department, the person — (a) makes a statement which the person knows is false in a material particular; or (b) recklessly makes a statement which is false in a material particular. 20 Offences: penalties and defences (1) A person guilty of an offence under this Act is liable — (a) on conviction on information to a fine; (b) on summary conviction, to a fine not exceeding £5,000. (2) Subsection (3) applies if an offence under this Act is committed by a person (by whatever name called) which has legal personality but is not an individual and it is proved that an officer of the person authorised, permitted, participated in, or failed to take all reasonable steps to prevent, the commission of the offence. (3) The officer, as well as the person, is guilty of the offence and is liable to the penalty provided for the offence. (4) In this section, "officer" includes — (a) in the case of a person which is a body corporate, a director, secretary or other similar officer; (b) in the case of a person which is a body corporate whose affairs are managed by its members, a member; (c) in the case of a person which is a foundation, a member of the foundation council (by whatever name called) or analogous officer; (d) in the case of a person which is a limited partnership which has legal personality, the general partner (by whatever name called) of the partnership or analogous officer; and (e) a person purporting to act as an officer described in paragraphs (a) to (d). (5) In any proceedings for an offence under this Act or under regulations made under section 21, it is a defence to prove that the person charged took all reasonable precautions and exercised all due diligence to avoid committing the offence. 21 Regulations (1) The Treasury may make regulations about the operation of any provision of this Act. (2) Without limiting subsection (1), the regulations may — (a) prescribe persons, or classes or descriptions of person, which are foreign companies for the purposes of this Act; (b) prescribe circumstances which indicate or demonstrate that a foreign company — (i) has an established place of business in the Island; or (ii) holds land in the Island (other than by way of security); (iii) is in receipt of corporate services (as described in section 5(1)(k)); (c) make provision for the electronic submission of information and documents under this Act; (d) permit a person to publish forms and other material in respect of any matter specified in the regulations; (e) provide for contravention of the regulations to be an offence and prescribe a penalty for commission of the offence of a fine not exceeding £5,000 on summary conviction; (f) require compliance with standards of or the adoption of practices recommended or specified from time to time (whether before or after the making of the regulations) by a person or body specified in the regulations; (g) permit a person to exercise a discretion in dealing with a matter specified in the regulations; (h) exempt a person (or class or description of persons) from any of the provisions of this Act; (i) modify the application of this Act in respect of a person (or class or description of persons); (j) make incidental, supplemental, consequential, transitional or saving provisions. (3) Before making regulations under this section, the Treasury must consult such persons as it considers appropriate. (4) Regulations under this section must not come into operation unless they are approved by Tynwald. 22 Approved forms (1) The Department may publish forms in any form which are to be used when submitting information required to be submitted under this Act. (2) Where a form or template is required to be in an "approved form", it must — (a) contain the information required to be specified in it; and (b) have attached to it such documents as may be required by it. 23 Fees (1) The Department may by order prescribe fees for the purposes of sections 6, 8, 13 and 14. (2) Before making an order under this section, the Department must consult the Treasury. (3) A prescribed fee is a debt due to the Department from the foreign company and may be sued for accordingly. (4) Fees payable under this Act form part of the general revenue of the Island. (5) An order under this section must not come into operation unless it is approved by Tynwald. 24 Keeping of records by the Department (1) Information and documents delivered to the Department under this Act or under regulations made under section 21 may be kept in any form that — (a) is approved by the Department; and (b) is capable of being reproduced in legible form. (2) The Department is to be taken as having complied with an obligation to maintain information or documents if the Department complies with subsection (1). (3) The Department may destroy information and documents maintained by it if — (a) the information or documents are original records which the Department is keeping in a form described in subsection (1); or (b) the information or documents relate to a foreign company which was removed from the register more than 10 years previously. 25 Power to refuse to register documents (1) The Department may refuse to accept for registration a document submitted to it under this Act or under regulations made under section 21 if the document — (a) does not comply with this Act or the regulations; (b) has not been duly completed; (c) contains a material error; (d) is not legible; or (e) is not accompanied by the prescribed fee. (2) If the Department refuses to accept a document under subsection (1), it must — (a) return the document to the person who submitted it; and (b) provide a statement of reasons for its rejection. (3) A rejected document is treated as having not been submitted. 26 Amendments (1) The amendments to the enactments specified in the Schedule have effect. (2) This section and the Schedule are automatically repealed ― (a) on the day after the promulgation of this Act; or (b) if all the provisions of this Act are not in operation on its promulgation, on the day after the last provision is brought into operation. (3) However, the repeal does not affect the continuing operation of any amendments to enactments made by this section and the Schedule. 27 Savings A foreign company which is already registered under Part XI of the Companies Act 1931 when this section comes into operation is to be treated for all purposes as registered under this Act (despite the repeal of Part XI of that Act). SCHEDULE [Section 26] AMENDMENT OF ENACTMENTS 1 Registration of Business Names Act 1918 (1) The Registration of Business Names Act 1918 2 is amended as follows. (2) In section 3(d), for "Part XI of that Act" substitute «the Foreign Companies Act 2013». 2 Companies Act 1931 (1) The Companies Act 1931 3 is amended as follows. (2) In section 91(1), for "which has duly delivered documents to the Department under section 313 and has not subsequently given notice to it under section 319(2) that it has ceased to have a place of business in the Isle of Man" substitute «which is registered under the Foreign Companies Act 2013». (3) Part XI (sections 312 to 321 and the cross-heading) is repealed. 3 Companies Act 1968 (1) The Companies Act 1968 4 is amended as follows. (2) Section 4 is repealed. 4 Income Tax Act 1970 (1) The Income Tax Act 1970 5 is amended as follows. (2) In section 11A(2)(a), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 5 Companies Act 1982 (1) The Companies Act 1982 6 is amended as follows. (2) Sections 33 and 34 are repealed. (3) In Part I of Schedule 2, the entry relating to section 320 of the Companies Act 1931 is repealed. 2 X p.279 3 XIII p.235 4 XX p.413 5 XXI p.260 6 c.2 6 Companies Act 1986 (1) The Companies Act 1986 7 is amended as follows. (2) Sections 29 and 30 are repealed. 7 Charities Registration Act 1989 (1) The Charities Registration Act 1989 8 is amended as follows. (2) In section 15(1), in paragraph (d) of the definition of "Manx institution" for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 8 Timeshare Act 1996 (1) The Timeshare Act 1996 9 is amended as follows. (2) In section 1(d), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». (3) In section 6(d), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 9 Limited Liability Companies Act 1996 (1) The Limited Liability Companies Act 1996 10 is amended as follows. (2) Section 52(3) is repealed. 10 Education Act 2001 (1) The Education Act 2001 11 is amended as follows. (2) In section 52(3)(b)(ii), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 11 Companies, etc. (Amendment) Act 2003 (1) The Companies, etc. (Amendment) Act 2003 12 is amended as follows. (2) Sections 11, 12, 13 and 14 are repealed. (3) In Schedule 1, in the entry for the Companies Act 1931, paragraphs 20 to 27 are repealed. 8 c.11 9 c.7 10 c.19 11 12 c.33 c.16 12 Financial Services Act 2008 (1) The Financial Services Act 2008 13 is amended as follows. (2) In section 4(2)(b)(ii), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». (3) In section 48(2)(b)(ii), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 13 Insurance Act 2008 (1) The Insurance Act 2008 14 is amended as follows. (2) In section 54(2)(b), for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 14 Company Officers (Disqualification) Act 2009 (1) The Company Officers (Disqualification) Act 2009 15 is amended as follows. (2) In section 21(1), in paragraph (c) of the definition of "company" for "Part XI of the Companies Act 1931" substitute «the Foreign Companies Act 2013». 15 Rules of the High Court of Justice 2009 (1) The Rules of the High Court of Justice 2009 16 are amended as follows. (2) In rule 1.4(3)(b), for "Part XI (overseas companies) of the Companies Act 1931" substitute «the Foreign Companies Act 2013». (3) In rule 1.4(3)(b)(ii), for "section 313(1)(c)" substitute «section 9(1)(i)». (4) In rule 2.23(2)(b) substitute — «(b) section 11 (accepting service of process) of the Foreign Companies Act 2013». (5) In the table in rule 2.27(6)(b), for the entry relating to Part XI of the Companies Act 1931 substitute — (6) In the table in rule 2.37(3)(c), for the entry relating to Part XI of the Companies Act 1931 substitute — « Company to which the Foreign Companies Act 2013 applies Leaving a copy at an address notified under section 9(1)(i) of that Act or, if there is no such address, any place of business within the jurisdiction ». 16 Company and Business Names etc Act 2012 (1) The Company and Business Names etc Act 2012 is amended as follows. (2) Section 4(1)(a)(iii) is repealed. (3) After section 4(1)(g) insert — «(h) a foreign company to which the Foreign Companies Act 2013 applies.». (4) Section 5(2)(a)(v) is repealed. (5) After section 5(2)(g) insert — «(h) an application — (i) to register a foreign company under the Foreign Companies Act 2013; or (ii) to change the name under which a foreign company is registered under that Act.». 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The Loyola Reporter Loyola Law School Los Angeles Follow this and additional works at: https://digitalcommons.lmu.edu/loyola_reporter Repository Citation Loyola Law School Los Angeles, "The Loyola Reporter" (1999). The Loyola Reporter. 103. https://digitalcommons.lmu.edu/loyola_reporter/103 This Newspaper is brought to you for free and open access by the Law School Publications at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in The Loyola Reporter by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. Loyola Law School and Caltech held the first event of their recently formed collaborative effort, The Program for Law and Technology. This program, designed to bring together legal and technical disciplines, marks the beginning of a partnership between the two institutions. The mock trial, held on Saturday October 23, 1999 at the Caltech campus, was packed with topnotch participants, including Ninth Circuit Judge Diarmuid O'Scanlanin, and an audience of several federal judges, numerous attorneys, leading members of the technical community, and students from both the law school and Caltech. Audience members voiced overwhelming support for the program as a whole and for the mock trial, which addressed several legal issues surrounding the Internet, including jurisdiction over tortfeasors who operate solely in cyberspace, and service of process via e-mail. One of the highlights was the riveting keynote speech by Ira Magaziner. As President Clinton's former Senior Policy Advisor, Mr. Magaziner coordinated the government's strategy regarding electronic commerce and the emerging digital economy. Mr. Magaziner emphasized the growing significance of technology in all aspects of society, particularly the legal system. The concept for the collaboration was developed by distinguished Loyola Alumni Dr. Henry Yuen. Dr. Yuen, who earned a Ph. D. in Applied Mathematics from Caltech and a J.D. from Loyola, is the founder of Gemstar International Group in Pasadena. Dr. Yuen was one of the first to recognize that the Internet, and its related technologies, are outpacing our legal system. He feels that such changes are currently being dealt with in an ad hoc manner, treating one aspect or another, rather than the whole problem. "What is needed is a new set of legal principles, which take into account the new virtual world created by technology," Yuen said. To meet this need, Dr. Yuen encourages collaboration between leading technologists and legal scholars in order to create laws that not only meet the current challenges of cyber- TECH: page 3 JAHANGIRI WINS RACE FOR ABA LSD GOVERNOR By Deborah Marconda The race for the position of Ninth Circuit Governor was highly competitive as law school students from Hawaii to Nevada compete for the coveted position. But in the end, Ali Jahangiri, a second-year evening student, became the third Loyola Law School student to hold the position within the American Bar Association Law School Division, (ABA LSD) in as many years. The LSD is a sub-division of the ABA, and is headed by the president or national chair. There are 15 circuit governors each representing 12 to 14 law schools within their respective districts throughout the United States. Each governor assembles his board of Lieutenant Governors to help with promotion and management. Finally, ABA representatives are elected by the various law school student bodies to assist the governor and the board in implementing ABA policy. "Not only is being governor an opportunity to promote the Loyola name, but people see that it is Loyola running things rather than USC or UCLA which means to them (people in the legal community) that Loyola is a leader," Jahangiri said. "I was drawn to the ABA. I enjoy talking and working with people, and I wanted to get involved with school policy. Being a class rep, and now a circuit governor, was a way to get a foot in the door." Earlier this year, Jahangiri and other Loyola students showcased their leadership skills at the LSD Roundtable Conference held in Las Vegas. Jahangiri said the roundtable was a chance for the ABA LSD circuit governors to meet with SBA presidents and school representatives to discuss issues that concern law school students. "While I was running the ABA portion, Gil Serrano, the current ABA LSD Ninth Circuit Governor Ali Jahangiri Loyola Student Bar Association (SBA) president, held another meeting for the Ninth Circuit SBA leaders. Everyone was listening to what Loyola has to say," he said. The former President for the Order of Omega National Honor Society and NCAA tennis player for University of California at Irvine, is often described by friends as charming, smart and interesting, and those who work with him are not surprised by Jahangiri's successful candidacy. "Alli is one of the most enthusiastic people. He has the ability to not only coordinate membership JAHANGIRI: page 3 PLAYING OUR EMOTIONS By Tony Zaller I recently found myself in a seemingly never ending debate on gun control, a subject which is always brought up by gun control advocates after a front page shooting incident. This time the debate was sparked by the shooting of a 17-year-old boy in Buena Park. The boy was stealing a pumpkin from a man’s front porch and the man shot him as he ran from the house. In no threat of danger at that point, the man clearly acted beyond the realm of self defense. While cases like this receive the most news and are flaunted by anti-gun advocates, these cases are not representative of the national statistics on gun use in the United States. I asked my adversary if he knew the statistics regarding the number of lives saved by guns, facts one should know if one wishes to argue the cost-benefit analysis of gun control. I found myself frustrated, because neither one of us knew the statistics. Our debate was, rather, premised on emotion, just the type of debate gun control advocates thrive upon. Consequently, I researched and learned the following information. National Rifle Association (NRA) reports estimate that there are just under 300 million firearms owned by individuals in the U.S. Despite the large number of firearms, firearm fatalities are on the decline, and at an all time low (National Safety Council). The FBI reports that over 70% of violent crimes are committed with weapons other than firearms. Guns are involved in only 1.6% of deaths in the U.S. (National Center for Health Statistics), and are used in self-defense instances about 2.5 million times per year. The FBI also reports that incidents of self-defense with firearms are five times greater than the number of violent crimes committed with them. These statistics reveal a completely different reality from that which is portrayed on the evening news. This misrepresentation is unfortunate for the American public. The Department of Commerce and the National Safety Council reports that gun related injuries comprise only 1/5 of 1% of the medical costs in the nation. This amount becomes even more negligible when considering the savings created by the prevalent use of guns in self-defense and defense of property (i.e., in prevention of robbery, theft, and bodily injury.) Furthermore, evidence shows that the presence of guns in society does not cause an increase in crime. Washington D.C. has the most restrictive gun law in the nation (no one is permitted to carry one), yet the crime rate is one of the highest in the nation. On the global level, England, with the most restrictive gun laws worldwide, has reported an increase in violent crime rates. The availability of guns in society and the GUNS: page 3 "Heat of Passion" Defense Stretched Too Far By Todd Elliott I am stunned by defense attorney, Jason Tangelman's, meritless claim that emotional rage led Aaron McKinney to kill Matthew Shepard. In his recent opening arguments before a Wyoming jury, Tangelman asserted a "gay panic" defense. McKinney is being tried in state court for the October 6, 1998 murder of, then, 21 year old Matthew Shepard. Tangelman's statements to the jury portrayed McKinney as a victim of drug and alcohol abuse who was bullied into sex acts with other children at the age of 7. Tangelman also indicated that McKinney (now 22) had consensual sex with a male cousin at age 15. He stated that the combination of these childhood memories triggered "five minutes of emotional rage and chaos" in McKinney following an alleged sexual advance by Shepard during a truck ride in 1998. The State of Wyoming has charged McKinney with murder, kidnapping and robbery; he savagely beat Shepard and then left him for dead on a Wyoming highway. If convicted, McKinney could face the death penalty. Tangelman's "gay panic" defense is an attempt to expand the definition of the traditional "heat of passion" defense. Wyoming's law defines "heat of passion" as a state which would naturally be aroused in the mind of an ordinary reasonable person in the same or similar circumstances as those in question which would cause him to act rashly without reflection and from passion rather than from judgment. Yung v. Wyoming, 306 P.2d 1028 (Wyo. 1955). McKinney's counsel blandly attempts to redefine the "reasonable person" standard to include subjective characteristics such as sexual history and immediately prior drug use. Accordingly, Tangelman would argue that killing Shepard was reasonable from the point of view of a person who had previously engaged in consensual homosexual sex and had chosen to use mind-altering drugs (methamphetamine) prior to setting out to kidnap and rob his victim. Tangelman's argument is meritless because the Wyoming Appellate court has spoken on this issue of a "heat of passion" defense when a defendant kills in response to an alleged homosexual advance. In the 1995 Yung case, Leland Yung threw Stephen Bennet, a hitchhiker he had picked-up, out of his truck after Bennet allegedly made a sexual advance. Yung then proceeded to shoot Bennet in the head when his back was turned. The Wyoming court dismissed Yung's argument that a "heat of passion" defense existed stating, "any excitement, confusion, fright or terror that Young may have experienced in the car will not necessarily justify or mitigate killing that occurred outside the car." (Ibid. at 1036). Similarly, McKinney's reaction to Shepard's alleged advance is not a reasonable one. I am personally hopeful that the Wyoming judge will effeuctuate justice by refusing to allow DEFENSE: page 3 "It is the duty of every citizen according to his best capacities to give validity to his convictions in political affairs." Albert Einstein (1946). Voice YOUR opinion. Letters to the editor and articles are welcomed. Send to Tony Zaller at The Loyola Reporter, F.H. 224, or call (213) 736-8117. "Criminals do not die by the hands of the law. They die by the hands of other men." Shaw TECH: from page 1 space, but continue to operate effectively as technology evolves. The October 23rd mock trial demonstrated how a possible interdisciplinary course between Caltech and Loyola might be structured. Using a team approach, law students would work in conjunction with Caltech students to develop cases. Challenges facing student participants in the mock trial included learning each other's language and understanding the interdependency of law and technology. For example, the mock trial revolved around a defendant's motion to dismiss for lack of jurisdiction, lack of venue, and improper service, while pertinent technical details revealed how key components of the Internet function. The technical details were determinative, and required the law students to understand specific aspects of the Internet. In turn, Caltech students were required to understand the legal issues so as to communicate pertinent technical facts to their teams. This experience helped the students better understand how intertwined the two disciplines are. Loyola law student, David Steele, served as project coordinator for the mock trial. Steele, along with other program advisors, Dr. Yuen, Dean Gerald McLaughlin, Professor Karl Manheim, and professors from Caltech, began developing The Program for Law and Technology last Spring. The group's first task was to create a mock trial to demonstrate how the program would work. Over Pollmeier, served as attorneys for Defendant and Plaintiff respectively. Team leaders were Don Baker of Baker & Miller, and e-commerce law author, and Terry McMahon, a patent litigation specialist with Orrick, Herrington & Sutcliffe. Dr. Ed Felton, a professor of Computer Science at Princeton University the mock trial. Caltech students worked closely with the law students and attorneys, and also acted as attorneys during the direct examination of their team's expert witness. Responding to Judge O'Scanlanin's pre-trial order, each team submitted a formal brief, a summary of their graduation from Loyola, served as his clerk for the mock trial. All of the written material, including Judge O'Scanlanin's insightful decision from the bench, and real audio recordings will be posted on-line at the program's web site http://techlaw.lls.edu. It will also be featured in the next issue of the Loyola Law Review. The event was very successful due to the efforts of all the participants and organizers. There was a strong feeling of comradery among the team members, and lasting friendships were likely developed. This mock trial highlighted both the value of and need for an interdisciplinary course in law and technology. Loyola and Caltech are currently discussing their next project. Whatever it might be, it will incorporate the valuable lessons learned from the successful mock trial. JAHANGIRI: from page 1 at the school level, but also serve at the national level with the same dedication," said Kyle Mitchell, national chair for the ABA LSD. "You need to put in a lot of hard work and finesse schools into participating. These are the two things Ali does well. He works well with people and is doing a great job motivating people out there in the Ninth Circuit." Mitchell credits Jahangiri with successfully starting a chapter of the LSD at the University of Southern California (USC) - a long-time hold out of the ABA LSD program. He also praised Jahangiri for personally handling the election of new representatives, and assisting with membership and awareness programs for USC's fledgling organization. Mitchell is not the only leader praising Jahangiri's efforts. "Ali is a generous person. People feel connected to him and feel that he actually cares," said Brett Harvey, 2LE and co-chair for the Public Interest Law Foundation (PILF). "I think that is why people gravitate toward him and respect him as a leader." Jahangiri clearly believes in creating a team atmosphere. While much of his job is to make sure each chapter is functioning smoothly, his personal goal is to motivate students to participate in and become members of the ABA. "A big part of the job is policy making. As circuit governors' we pass resolutions — things that the students want changed. For example, Pepperdine University proposed a resolution to recognize Martin Luther King Jr.'s birthday at all law schools in the nation," he said. "The proposal was voted on and sent to the larger assembly for its take on the issue." Not surprisingly, positions within the LSD are often snapped up. Jahangiri speculates it is because students are aware of and appreciate the opportunities the ABA has to offer. He said the toughest part of his job is choosing from the many qualified candidates. Steve Lurie, 2LE, and secretary for the Evening Student Bar Association (ESBA), believes Jahangiri's success has more to do with his high level of maturity and said the ABA is lucky to have someone like him running the organization. Currently, Jahangiri oversees a list of 15 lieutenant governors and 13 representatives. His board reads like a roster of Who's Who at Loyola. Members who attend Loyola include: Executive Lieutenant Governor and Loyola SBA President, Gil Serrano, 3L; Sunny Soltani, 3L, lieutenant governor for Membership; Stuart Waldman, 4LE, lieutenant governor of Operations and Planning; and Zaal Aresh, 2LE, lieutenant governor for Public Relations. Although his duties as governor take-up most of his day, Jahangiri juggles them with his law school studies and with an externship at The Western Law Center for Disability Rights on campus. "Ali has a great deal of initiative and vision. He can identify a problem and fix it without being asked," said Eve Hill, executive director for the Western Law Center. "Not only does he fix the problem, but he crafts creative solutions that are not necessarily run of the mill." Hill complemented his ability to identify outreach opportunities and increase awareness of disability issues. Harvey agrees, "I think what makes Ali a good leader is his expert's testimony, and a reply to the other side's brief. Judge O'Scanlanin's ruling reflected the judicial team's strong understanding of the technical facts and their relationship with the legal issues arising from the Internet. Alan Heinrich, who will serve as Judge O'Scanlanin's law clerk upon GUNS: from page 2 crime rate are not directly related. Rather, the inverse is true. Another misconception is that laws will keep guns away from criminals. First of all, criminals, because they are criminals, do not respect the law. Accordingly, outlawing guns will not take guns away from criminals. For example, in 1997, 18-20 year olds committed the most gun related homicides in the U.S. This age group is also the group subject to the greatest restrictions on firearms. The laws are obviously not deterring their acquisition or their use of guns. Therefore, broad restrictions on firearms mean that only criminals will possess them, thus creating the worse possible scenario. These statistics present a very different situation from the select news reports of firearm fatalities, and reveal the true significance of guns in society. Although it is difficult to separate our emotions from the gun control debate, we must do so. We must not ignore these facts. DEFENSE: from page 2 McKinney's "heat of passion" defense. But as a law student, I am left with a disturbing issue to resolve: When do a defense attorney's tactics exceed the line of reasonableness? As law students, we are taught to be "zealous advocates" in defending the rights of clients. But, when a lawyer's actions, in the name of a legal defense, stand to outrage both judge and jury (as may occur in this case) and the stakes involve the death penalty, is he gambling with his client's life? Perhaps lawyers must be mindful of a self-imposed "reasonable attorney" standard, if such a concept can be said to exist. [Editor's Note: On November 2, 1999, Wyoming Judge Barton Voight instructed the McKinney jury not to recognize the "gay panic" defense; on November 3, 1999, the jury found McKinney guilty of second degree felony-murder and kidnapping, for which he was sentenced to two consecutive life sentences.] Dear Lola, It was definitely a Monday, in every sense of the word! I stopped by the vending machines to get a desperately needed shot of chocolate (caffeine plus sugar makes it the perfect pre-class food!) I inserted the last of my coins, made my selection, and as the food-holding-coil twisted ... it stopped before releasing my candy bar. The machine wouldn't return the money, either. Not only did I have to suffer through a boring lecture without my jolt-o-candy, but also I lost some dough. Later that day (after getting more change), I tried to use the pay phone. There must have been some weird conspiracy, because after I put in the money, there was no dial tone. Naturally, the coin return didn't work. I lost over a dollar in a few hours. I know it's not much, but if it happens regularly, I'm going to plow through my financial aid before the semester is out. Is there some way to get refunds when the on-campus machinery malfunctions? — Broke in Burbank Dear Broke in Burbank, Too bad Murphy’s Law isn’t a bar question. Sounds like it got its grips on you. When you lose money in the vending machines, head straight for Graphics, located in the basement of Founder’s Hall room 006. You’ll have to fill out a form detailing what you want to get and how much you lost. It’s that easy. For pay phones, there are instructions printed right on the phone as to what to do when the tele malfunctions. Just follow the instructions. Better luck next time. Dear Lola, My classes are becoming a real headache. I don’t mean the lectures, I mean the chairs. In one of my classes, the chair lists downward on the right side; in another, the chair tends to swing back, away from the desk (making it a constant chore to “hook” my ankles to anchor the chair just so I can stay forward). It seems that every chair has its own peculiar tilt, and it’s putting a strain on my back and neck as I attempt to counterbalance a different way in every class. I know there’s no way the school can “test” every chair in every room on a regular basis, but is there some way to report problems and request adjustments on the chairs? — Tired and Achy Dear Tired and Achy, I know the feeling, my first year Tort class chair had Jell-O for back support. But, there is a simple procedure to follow for nuisance chairs. First, call or visit the Information Center on the second floor of the Burns Building (213) 736-1001 and report the problem, classroom and chair(s). The Information Center has a seating chart for each room. Next, circle or mark the exact location of the problem chair on the seating chart. This form will be sent to the Physical Plant department for repair (if calling to report a problem, state the row number and the approximate location of the broken chair). Most problems will be fixed within 24 to 48 hours, but parts need to be ordered and this could delay remedy of the problem. NEXT ISSUE: Dear Lola, What’s the deal with the parking structure? I got a big, fat ticket for being slightly over the line in my parking spot. It’s not like it was a big deal; there was plenty of room for the car in the next spot. Hey, at least the next spot was usable. If they want to go after the real criminals, why don’t they ticket the SUV drivers who park their extra-wide vehicles in the compact spaces, rendering the places next to them too tight to comfortably or safely pull in to. I have two questions: why do they ticket for being over the line? Also, will I get a ticket if I park a rental (or borrowed) car in the structure, since it obviously won’t have the parking sticker? — Learning the Hard Way Dear Paranoid in Paramount, If you forget your I.D. card, get a ticket from the parking attendant and take it to Auxiliary Services, located in next to the student lockers on the first floor Burns Building. They will give you temporary parking stickers for that day, which you affix to the ticket and return back to the parking guys on your exit. Dear Lola, Aren’t the on-campus copy machines and copy cards supposed to save time and money? I used the copy machine on the second floor of the library, and the copy was so light it was illegible. The machine seemed to need new toner, but in the meantime I needed my copies! I mentioned the problem to the nearest library staffer, who just looked blankly at me and shrugged. Do you happen to know where the copy machines are on campus, so next time I can just move on and use another machine? Can I get my money back for the bad copies? Also, I paid $5 for a copy card, since all the signs say copy card copies are 8¢ but cash copies are 10¢. When I inserted the card in the machine, only $4 of credit was on the card. Because if there’s $4 of credit on the card, I will be able to make 50 copies at 8¢ each. Since my $5 will buy 50 copies, my copy card copies are really 10¢ a copy, despite the promise of costing only 8¢. Now, I’m not a lawyer, but this doesn’t seem legal. What’s going on? — Frustrated Fred Dear Frustrated Fred, Yes, you can get money back on lost copies if a machine malfunctions, and the like. Go to Graphics located in the basement of Founders Hall for refunds and let them know about the problem. But, refunds on lost copies are limited — if you keep showing up for refunds, well... so make your cents count. Regarding the copy card cost, the first time you purchase the card it costs one dollar. That dollar goes toward the cost of the card and the service, which the Library has provided for ten years. It’s only an initial adjustment. You can add value to the card at anytime after the initial purchase, and there is no charge. So you are truly paying eight cents for copies after the first purchase. A Message from the Day SBA President By Gil Serrano I can think of no greater exhilaration than finding out I had been elected the Day SBA President. Friends with me that night said I had a huge smile on my face that would not go away. Well, unfortunately, all things come to an end, and my smile faded all too quickly. I have my share of headaches this semester. Believe me, there is no job more thankless than negotiating, debating, and compromising with administrators and soon-to-be-lawyers, especially when you do it for free. Even on a campus as small as Loyola, every day is filled with emergencies, turmoil, and drama. I’m serious, at one point my life was like a bad episode of E.R. I was running from one place to another trying to fix things. This article, however, is not about the trials of the SBA Presidency. I do have to put up with a lot more B.S. than I had imagined, but I acknowledge that it is part of the job. And if truth be told, I have, in fact, smiled a couple of times this semester. Involvement in student government is rewarding. I am one of those people who cannot stand on the sidelines and just be a spectator. I like to be in the thick of things; I like to be proactive and work hard to improve my surroundings. And for the most part, the successes and failures don’t outweigh the reward of knowing that I didn’t shy away from a worthwhile endeavor. There are a lot of worthwhile endeavors at Loyola. This school has the potential of becoming the best law school in southern California, if not the entire state. Stanford law school has the highest student satisfaction rate in the country. The students are happy because the law school administration caters to student needs and concerns. I know this because I worked at the Stanford law library as an undergraduate. At Stanford, every law student has their own study carrel and mailbox. The cafeteria is spacious and comfortable. And, the law school has its own fitness center, separate from the undergraduate facilities. If Loyola’s nutrition is comparable to that of Stanford’s, Loyola should offer comparable facilities for its students. Loyola’s administration does work very hard to provide the best educational institution for the students. The new law library, which opened November 1st, showcases the administration’s commitment to providing state-of-the-art facilities and educational resources. However, if the law school wants to maintain a competitive edge, it must do so by providing facilities that allow students to enjoy their law school experience. Happy students make for happy alumni, and happy alumni are more willing to support an institution that they remember with fondness instead of frustration. So it makes sense for Loyola to offer its students the extra perks that will make law school more enjoyable. As SBA President I hope to accomplish three goals. First, I would like to establish a student exercise room on campus. The SBA student survey conducted in mid-October indicates that eighty-percent (80%) of Loyola students would use an exercise room on campus. The Dean’s office has agreed to conduct a feasibility study for the proposed project. Second, I hope to improve the student lounge by adding a big-screen t.v. and couches, and by bringing back the ping pong and pool tables. Finally, I strive to motivate and assist current SBA board members and student organizations to carry out their own projects. SBA: page 10 ENTERTAINMENT LAW PRACTICUM An Interview with Mike Mense, 2L By Ann La Clair If you have an interest in entertainment law and have time to work part-time during the week, the Entertainment Law Practicum ("ELP") may be right up your alley. It provides the proverbial foot in the door to the entertainment industry (which is difficult at best to obtain), exposure to legal issues related to entertainment and two credits towards your J.D. Mike Mense, a second year day student and New Media Chair of the Entertainment and Sports Law Society, did an ELP internship with Fox Family Worldwide's ("FFW") Business and Legal Affairs Department last summer. At FFW, Mike had the opportunity to get hands-on legal experience. In his position, Mike had exposure to the business as well as the legal side of an entertainment company. His responsibilities included reviewing and drafting distribution and licensing agreements, searching international contracts for assignability language and initiating a revised rights verification system for the intellectual property group. He also assisted with contract negotiations which provided him with exposure to people in other FFW departments. During his internship, Mike had the opportunity to work with several attorneys, all having different work styles and personalities. He found that the attorneys at FFW showed a commitment to making sure he learned. They explained projects to him at the outset and were continually accessible to answer questions. With respect to working with the attorneys at FFW, Mike stressed, "To maximize the experience, interns needed to make themselves available to the attorneys. The attorneys were very busy and did not have time to keep up with each intern's workload. The experience was what you made of it. Interns could sit around all day and do nothing if they didn't take the initiative to let the attorneys know they needed work." Mike noted that the competition for the internship position at FFW was steep, fifty applications for five slots. In selecting interns, FFW normally looks for people with entertainment industry experience as well as entertainment law related classes. With respect to FFW's emphasis on GPAs, Mike responded, "In my interview, the words 'GPA' and 'class rank' never surfaced." In Mike's case, although he did not have entertainment experience, his position as New Media Chair of the Entertainment and Sports Law Society was a big plus, as was his experience as a high school football coach. "Employers like to see a diverse resume. I was able to connect with one of the attorneys on an athlete to athlete basis and that really helped my chances. You never know what aspect of your personality or leading class discussion, Professor Dougherty brings in industry lawyers to discuss specific entertainment law related topics. The classes are relatively informal. Last year's speakers included Pam Kirsh, Vice President and General Council of Warner Brothers Pictures; Bob Rotstein, an intellectual property litigator with McDermott, Will & Emery; Scott Karol, a business affairs executive at Turner Originals and Jennifer Rubin, Head of Labor Relations at Dreamworks. As well as sharing numerous war stories, speakers discussed topics such as contract negotiation, contract drafting and execution, ethical matters and conflicts of interest, litigation of disputes, as well as alternative dispute resolutions. Students had the opportunity to share their work experiences as well. The ELP requires that students complete 56 hours of unpaid work with an entertainment company's law department, law firm, or talent guild. Positions need to be approved by Professor Dougherty. ELP: page 11 ELP AT A GLANCE The ELP has been around for several years. However, in 1995, the program received a major face-lift, resulting in the program we have today. Last year, approximately 25 students participated in the ELP, the largest number of participants in the program's history. It is a two unit, pass/fail course. Students can only enroll in the program Spring Semester. To register for the ELP, students must be in good standing. First year day and evening students are not eligible to participate. The in-class component of the ELP consists of class attendance and a 15-20 page paper to be turned in at the end of the semester. Students are required to attend seven on-campus class meetings (scheduled bi-weekly), attendance at which is mandatory. Professor Jay Dougherty leads the sessions which, based on last year's syllabus, promise to be extremely interesting as well as packed full of practical information. In addition to lecturing and --- THOMAS MORE: Sir, Saint, or Society? By Mark Polland, President of St. Thomas More Law Honor Society Thomas More is the patron saint of lawyers. He was a humanist, a scholar, and the Chancellor of England during the reign of King Henry VIII. Thomas More was a Lord, ergo the title Sir Thomas More, as he is widely known. Sir Thomas More was beheaded in 1535 for refusing to recognize the King's marriage to Anne Boleyn, mother of Queen Elizabeth I. Sir Thomas was canonized by the Roman Catholic Church in 1935; hence the name, Saint Thomas. The St. Thomas More Law Honor Society was founded 46 years ago by a group of Loyola students. Thus, Thomas More is simultaneously a Sir, a Saint, and a Society. The Society has no religious affiliation whatsoever. Pursuant to the charter, the Society's goal is threefold: 1) to focus intellectual attention on ethical, moral, social, and political issues that are both contemporary and relevant to the legal profession; 2) to further scholastic achievement by offering tutoring services free of charge to students at Loyola Law School; 3) to promote fellowship among the members of the Society. Membership in the Society is by invitation only, and is limited to students who are ranked in the top 15% of their class. The honor is extremely prestigious. A quick check of the Martindale Hubbell Directory or West's Legal Directory shows that Loyola alumni in the top firms, corporations and government agencies list the St. Thomas More Law Honor Society prominently among their credentials. As an example of the Society's commitment of service to the law school community, each year the Society sponsors various programs and events including: 1) free individualized tutoring for all students; 2) seminars on case briefing, outlining and exam taking; 3) speaker panels on timely legal issues; and 4) the annual Medallion Award Banquet. The Medallion Award is the highest award given by the society, and Banquet is the Society's biggest event of the year. The award is given to an individual who has made an outstanding contribution to the field of law. Last year's honoree was Federal District Court Judge Manuel Real, who was one of the original founders of the Society. The event was attended by over 200 alumni, students, faculty and distinguished members of the legal community. Past honorees include California Supreme Court Chief Justice Ronald George; former California Supreme Court Chief Justice Rose Bird; California Supreme Court Justices Joyce Kennard, Malcolm Lucas, and Stanley Mosk; retired U.S. Supreme Court Justice Arthur Goldberg; the eminent constitutional law scholar Lawrence Tribe; and former Los Angeles Mayor Tom Bradley. This year the Medallion Banquet will be held in the Spring. Rather than being held at a hotel, as in the past, the banquet will take place at Loyola Marymount University's campus. Loyola Law students are encouraged to attend at a discounted rate of approximately $25 per person. The event provides a great opportunity for students to network and to hear distinguished speakers. The Society has made some significant changes this year. For instance, the Society ratified a new Constitution, which, as far as we know, is the first time this has been done since the Society was founded. In addition to ratifying the new Constitution, we created the President's Award, for which we are now accepting nominations. The award consists of a $100 gift certificate for books at the Loyola Law School Book Store that will be awarded at the end of each Fall semester to a non-St. Thomas More member based on need and/or excellence. We are hereby inviting Loyola Students to make nominations for this award. You may not nominate yourself. To make a nomination, write a brief paragraph about the person you are nominating and submit it to the St. Thomas More Society office on the 2nd floor of Founder's Hall, or to the mailbox in the Information Center on the 2nd floor of the Burns Building. This year, the Society also inaugurated its first "Annual Party on the Grass," on the lawn outside Founder's Hall. We had a blast until things got out of hand and security had to shut us down (just kidding Deanna McLaughlin!) We also recently held an outlining seminar which was attended by over 40 students. We will hold an exam taking seminar as the end of the semester approaches. Also, look out for more parties and speaker panels next semester. St. Thomas More Board President Mark Polland Treasurer Sharon Matthews Secretary Melissa Burkholder Dealey VP/Seminars Irene Lee VP/Tutoring David Devlin Banquet Alan Heinrich Panel Gene Sitinsky "When a man wants to murder a tiger, he calls it sport; when the tiger wants to murder him, he calls it ferocity. The distinction between crime and justice is no greater." Shaw PROFESSOR PROFILE Jean Boylan By Katherine Lyons A double Loyola graduate, Professor Jean Boylan stands out as a favorite among students. Teaching Legal Writing, Ethical Lawyering and providing academic support, her office hours are always full. Students come looking for the wintereen Aleoids from the gigantic box she keeps on her desk. Before joining Loyola's faculty in 1996 she had been the first female associate and then one of the first female partners at a construction litigation firm in Century City. We sat down during office hours last week and discussed life, career and sharks. Let's start with the basics - from where did your interest in the legal profession stem? I took some law classes in undergrad and I enjoyed them and found them easy. LMU's psychology department was a Bachelor of Science when I went there. I did well but I really had to try in the math and science classes, whereas the law classes didn't seem as technical to me and I enjoyed them. Did you choose Loyola Law School on purpose since you went there for undergrad? No, the truth is that Loyola had a great reputation. I thought the law school was on the LMU campus until I got in. (Laughing) We didn't know. The LMU students still think the law school is on the Westside campus because there are parts where you never walk, like where the priests and nuns live. We just thought the law school must be over there. I knew after law school you went to work in a Century City firm. Was that your first job after graduation? Yes. I got my job through OCI. (Plug, plug.) I interviewed as a third year law student. I had been working downtown in a firm during school and decided to do OCI. I had a few job offers and chose a mid-size firm in Century City because I liked them. And I stayed for eleven years. What type of law did you practice? Construction litigation. Large-scale construction projects -- a lot of the Metrorail work. And I also specialized in public agency work. I did a lot of hearings before the MTA Board and the city council. I liked it! Did you have any idea that you were interested in construction litigation, or did you just fall into it? Not at all! I knew I wanted to litigate, but didn't know in what area. I based my decision on the firm. Of the firms that I had offers from, I liked the people the best at the construction firm. I also liked the Century City location. Would you recommend that to other students -- to choose by the people in the firm, not necessarily the field of practice? I think you have to look at the firm atmosphere and culture and decide if it's a good fit for you. You can't change the location and you can't change the people so you should really think about that. You can't change the area of practice much either; although, when you get more senior, you can develop more work that you like. They can allow you to expand your practice areas. But, I think if you don't like the firm atmosphere or culture you should try to find a firm where you do. So then, how did you get interested in teaching? Making partner, isn't that the life every lawyer dreams of? Understand that I started out there very young. I really enjoyed litigating, but I had an opportunity to teach here and it's something I had always wanted to do. I had been teaching an upper division... BOYLAN: page 7 --- Optimum Workout, Optimum Fitness, Optimum Boot Camp By Yalda Yousefi Drenched in sweat and covered in sand, I was not only glad that daylight had finally arrived, but that I could just sit down. I had taken kick boxing classes, spinning classes and even Tae Boe before. But, this was the most vigorous, intensive exercise workout I had ever experienced. After undergoing Optimum Boot Camp, a two-month training camp patterned after the United States Marine Corps' Boot Camp format, my idea of what it means to be fit took on a whole new meaning. Raphael Verela is the creator of Optimum Boot Camp, and a six-year Marine Corps veteran with a bachelor's degree in Exercise Physiology. After becoming certified as a trainer, Raphael began working with many celebrities including Stevie Wonder, Keli Rutherford (Melrose Place), Carrie Wiatt (host of Living Better with the stars) and many more. He had originally designed the program four years ago for Miss Galaxy contestants and some law personnel. When non-clients achieve personal fitness goals by combining cardiovascular endurance and muscle training. Classes meet three times a week at either Malibu or Venice Beach locations. I had heard so many slightest indication of daylight. As I walked to the meeting area on the sand, the trainers / sergeants, dressed in military attire, called role and handed out heart rate monitors to the class. who had heard about the class approached Raphael and wanted to take the class, Raphael decided to open it up to the public. Optimum Boot Camp is designed to help individuals people talking about it at my gym, that I decided to check it out for myself. I arrived at Venice Beach at 5:45 a.m. Friday morning. It was completely dark, without the Promptly at 6:00 a.m., one of the drill sergeants blew his whistle and everyone lined up. We began with jumping jacks, pushups and sit-ups, and moved into a five-minute stretch of the various muscle groups. At this point I was pumped up, awake and thought it couldn't be that bad. Little did I know what was yet to come. As luck would have it, there was a switch in the schedule. Instead of the routine twenty-five minute kick-boxing drill, because it was Friday the sergeants decided to work the trainees a bit harder by doubling the duration of the military obstacle course. We crawled under a simulated barbwire station, climbed a wall, ran, and jumped over hurdles to get to the tire drills. While waiting our turn at the drill stations, we did pushups, crunches or stand-in-position knee raises depending on the particular station. Following the tire drills, we climbed a twenty-foot long rope. The beginning and intermediate groups had to climb the rope or swing across a line indicated by the drill sergeant. After the rope climbing drill, we headed for the pull-up bar, where another sergeant commanded the number of pull-ups to be done. Finally, we were required to do one set (twenty BOOT CAMP: page 10 THE PUBLIC INTEREST LAW FOUNDATION would like to thank the law school community for its generous support...and deep pockets. OCTOBER’S AUCTION AND CASINO NIGHT RAISED APPROXIMATELY $25,000!!! Proceeds will fund the PILF Summer Fellowship Grant Program, providing grants to Loyola students working in non-profit public interest agencies, the Center for Conflict Resolution, and the Public Interest Law Department. Thank you again. We look forward to seeing you again next year! BOYLAN: from page 6 Partnership and Agency class at Cal State Northridge’s business school for about three years and loved it! So I thought, gosh, it would be neat if I could have an opportunity to teach full time. My firm thought I was going through a mid life crisis and that I was crazy – and they still do (laughing). But it’s something I really wanted to do. If you want to do something, just do it. Did you select Legal Writing, Ethical Lawyering and academic support? I selected academic support and Ethical Lawyering, which is an upper division class in legal ethics. And Loyola had a real need for legal writing teachers. Once I started, it became my favorite class to teach because I taught it from the practice perspective. I feel I probably know more in that class than in almost any other class here. For practice you really need to write, and I think that teaching legal writing from a practice perspective is helpful to the students. So, ironically, although initially this was not one of the first classes I was asked to teach, I think I make the most difference in that class. You have a pretty unique teaching style. You bring in guest speakers and movie clips – even “clients” drop by. Where did you come up with these ideas? They’re just mine – partly because every semester, except for this one, I’ve taught the 8:15-10:15 p.m. time slot. At that time of night it’s difficult to engage the students and they really appreciate creative teaching techniques – and food! How many dogs do you have (pointing at the pictures behind her)? Just two – but it seems like more. I’m a softy – and Dalmatians will take advantage of that. They’re high strung. But, Chip (short for Chocolate Chip) is great – she’s twelve and a half. And Maui Dog is eleven and a half. She’s a Lab/Pitbull mix. I rescued her from the pound. Maui Dog? Yes – I call her that. I love Hawaii. I go at least once every year. I love hiking and being outdoors - I’m more of an outdoor person than an indoor person. I also love ocean swimming, which sounds funny. Ever meet a shark? No. I don’t like seeing fish in the water. No fish – I don’t eat them and I don’t want to see them. We have a professional courtesy relationship. If you could meet anyone – alive or dead who would it be? I think it would be my great-grandmother. There were eleven kids in her family and they were super-poor in Ireland. Her husband died and she had to raise them. She encouraged them all to come to the US to try to get an education. She must have been a very strong person. I think it would’ve been cool to meet her because she was amazing. She was not the type of person who complained, and was obviously a hard worker. This interview was conducted in a special little place that you all call Graphics, we call it home. This is what transpired... Regis: So "Gabriella", give us a little background on your involvement with film. Gabriel: I went to UCSB and majored in film studies (along with everybody else and their mother) and I have always been interested in film (like everyone else and their mother) so I decided to put my interest to practice and make movies. I have done several student films. I did one called "Christ," about a Latina Jesus Christ who is killed by a man who tried to pick up on her and is then, of course, resurrected later in the film. Another one is called "Picnic" and is about a white man lynched at picnics - a real family atmosphere. Regis: What is the best part about working in Graphics (besides working with Regis of course)? Gabriel: Dancing with Jack Moya. When I work at Graphics, students don't think I go to school here, so it's funny. Some first year female was giving me tips on how to apply to Loyola. Regis: What are your current projects? Gabriel: I am working on my next film, "G.P." (General Principle). It is a love story, in which the female lead prostitutes herself in order to make money so that she and her husband can fly to Hawaii and live happily ever after. I just finished a movie called "Hustlas" about a single father who represses the fact that his daughter was killed, but then ends up realizing it in the end. I am also doing an infomercial on how to pick up women. Regis: Do you think that your background in film, etc., played a role (pun intended) in your successful tryout for the Byrne Trial Advocacy Team? (I SWEAR, I AM NOT BITTER ABOUT NOT MAKING THE TEAM) Gabriel: Yeah, because all I did was yell at the judges and they seemed to like it. Or they may have been so frightened that they put me on the team. Regis: Where is the war? Gabriel: In your head! --- LIVE MUSIC REVIEW Sick Of It All & A.F.I. at the Palace By Regis Guerin With school in full swing, I decided to take a little break from studying to go see Sick Of It All and A.F.I. at the Palace. So I rounded up all of the members of my crew (Jason and Evan) and headed out. We arrived just in time to catch bay area punk rock stars, A.F.I.. They energized the crowd with their neat sing-alongs and speedy guitar riffs. Even though the singer was a doppelganger for Robert Smith of the Cure, AFI rocked and I would have to give them a passing grade for punk rock prowess. The main event began about 10:00 p.m., with Sick Of It All hitting the stage. They opened with a new song that I was not too familiar with, but as the second song, "Clobberin' Time," blared through the Palace, I got rather nostalgic and decided that a stage dive was in order. The idea sounded good at the time, but I ended up with a nice strawberry on my head (the ground broke my fall). Sick Of It All played several songs from their new CD titled "Call to Arms" on Fat Wreck Cords but closed with an old song, "Stepdown": "In the underground integrity lies within...image doesn't mean a thing...we can do away with this negativity, it's a golden day and we can force them to STEPDOWN!" Sick Of It All keeps it real. Overall this show gets a five star rating; the music was awesome, there was some creative dancing going on, and there was a good selection of juice and snacks backstage. The next time Sick Of It All comes to town, I recommend checking them out. --- Movie Reviews "Fight Club" & "American Beauty" By Regis Guerin Fight Club: Stars Brad Pitt, Edward Norton and Helena Bonham Carter The first rule of the fight club: "Never talk about fight club." American Beauty: Stars Kevin Spacey, Annette Benning and Thora Birch American Beauty is a tale about the typical American dysfunctional family. Directed by Sam Mendes (Cabaret, The Blue Room), the film delves into several of the problems that face suburban families today including consumerism, spousal apathy or contempt as the case may be, loneliness, drugs, peer pressure, and violence. Indeed, because American Beauty poignantly addresses the issues that many of us face in our lives today, viewers instantly identify with and relate to several of the characters in the movie. Kevin Spacey, playing the role of Lester Burnham, acts with such ease I am not so sure that you can call it acting. His first few lines of the film set both the dry humor and somber tone of the movie, "I'm 42 years old. In less than a year I'll be dead. Of course, I don't know that yet. In a way, I'm dead already." NFL MID SEASON REPORT CARD Most Valuable Player Kurt Warner, Quarterback, St. Louis Rams. No other player has been more consistent than he. He has been superb in the early season with 21 touchdowns and only 3 interceptions through 7 games. Superbowl Favorites St. Louis Rams – NFC - the most startling statistic: Through 7 games, they are averaging 34 points per game while allowing just 12.4 points per game to their opponents. They have dominated all but one of their opponents. In their only test of the season, they were still in a position to tie the game at the end when their kicker, Jeff Wilkins, missed a 38 yard field goal wide right with just 7 seconds to play in the game. Caution: The other teams in the Rams’ conference have a combined record of 8 and 21 thus far. This may hurt the Rams in the long run. Miami Dolphins and Jacksonville Jaguars – AFC: There really is no clear-cut favorite at this point in the season. No team in the AFC has been relatively as impressive as the Rams. The Jaguars were allowing only 236.2 yards per game through the first 6 games, the best in the N.F.L. However, Mark Brunell and Fred Taylor, two of their key players, have been bitten by the injury bug early in the season. Assuming those two key players can get healthy, they have a legitimate shot at the Superbowl. The Dolphins are not nearly as impressive if you look at statistics; however, they have consistently found a way to win. They are 6 and 1 after 7 games. Jimmy Johnson is still struggling to find a consistent running back and Dan Marino has been plagued by injury early in the year. The fact that they have just 1 loss even with all of these problems shows the type of character this team has. Player who should retire next Steve Young. If he doesn’t retire soon, the concussions he has endured are going to not only end his football career, but also his post-football legal career (yes, he is a practicing lawyer in his spare time!). He has done about everything a quarterback can do and is the leading passer in N.F.L. history in terms of passing efficiency. You gotta know when to hold ‘em and know when to fold ‘em. It is time for Steve to fold ‘em and get out while he still can. Rookie of the Year Kurt Warner - Best player on the best team thus far in the N.F.L. Team in desperate need of a new quarterback Pittsburgh Steelers – The Kordell Stewart experiment has run its course. Bill Cowher and the Steelers need to concentrate on this position in the next draft because Stewart will never be the answer in Pittsburgh. Worst Draft New Orleans Saints – They banked their entire 1999 draft on one player (Ricky Williams) who has been injury-plagued all year. Even though he rushed for an N.F.L. high 179 yards against the Cleveland Browns, the Saints still lost the game. It just goes to show you that you shouldn’t put all your eggs in one basket. N.F.L.’s official punching bag Cleveland Browns – This is to be expected because it is their first year as an expansion franchise. To show how far it is from best to worst, compare these statistics with the Rams. Cleveland through 8 games: They have averaged just 9.25 points per game, while they are giving up nearly 25 points per game. Their only win of the season came on a 6-yard Hail Mary touchdown pass from Tim Couch to Kevin Johnson as time expired to beat the lowly Saints. What to expect from the second half of the season The St. Louis Rams will lose again, but not many times; The San Francisco 49ers will not make the playoffs for the first time in a long time; Doug Flutie will continue to show that little guys can play Quarterback in the N.F.L.; Denver’s Quarterback Brian Griese won’t make people forget about John Elway, however, he will be the most improved player in the N.F.L., from the beginning to the end of this season; and the Minnesota Vikings will turn it around and be in the playoffs again, despite starting off 4 and 4 through their first 8. NCAA FOOTBALL REPORT CARD Worst Conference by far! – Pacific-10 If ever the Pac-10 could legitimately be criticized for having no defense, it is this year. No Pac-10 team has beaten any legitimate non-conference opponent. Arizona, who has had the best defense in the conference in recent years, gave up over 500 yards to Stanford, struggled to beat University of Texas El Paso (in Tucson!) and gave up over 40 points to Penn State in their opener and 44 points to Oregon, once again in Tucson. What can one say about UCLA’s defense? There is no bigger Bruin fan than myself; however, I will be the first to say that the UCLA defense lacks fundamentals (poor tackling) and that is at the heart of their defensive woes. That is not to say that the coaches aren’t teaching the fundamentals, I think the players need to concentrate harder. However, watch out next year for these Bruins to make a serious impact in the national championship race as they return just about every key defensive player as well as many key offensive players. USC and California Berkeley’s defenses have been surprisingly decent. However, USC’s loss of their starting quarterback (likely for the question, “Why would Peter Warrick do it?”) is that he was offered clothing at drastically reduced prices and, although he knew it was morally wrong, he was thinking with his wallet. Don’t get me wrong, Warrick and Coles were wrong for trying to acquire the clothing for almost nothing, however, this event is indicative of the situation of many of the nation’s collegiate athletes. This is not an isolated incident. There have been past events such as boosters paying athletes directly, boosters giving gifts to athletes, boosters arranging to give gifts to these athletes’ families, and the like. These acts are no doubt against NCAA (National Collegiate Athletic Association) rules. However, these events do bring to the forefront the issue of whether the NCAA should consider compensating collegiate athletes. It is true that Warrick, come next June, will probably be one of the first 5 players chosen in the National Football League draft, which will make him a multi-millionaire. However, during college he must struggle, along with all other athletes not fortunate enough to come from a family with money. Students who are non-athletes who do not come from families with much money can at least use their non-school time to hold part-time jobs to pay their living expenses. On the other hand, these athletes cannot because of the time they must devote to their sport. These athletes are allotted a certain amount of money under their scholarships with which to financially support themselves. The unfairness is that the schools that they play for make millions of dollars on their abilities. It is true that these athletes receive some special “fringe benefits” as a result of their athletic status such as free tutoring, priority class registration, and fame. However, as a result of their fame and stardom, some of these students have resorted to accepting their “gifts” from willing donors. Maybe, if the NCAA allowed these athletes to be paid a small additional sum of money to supplement their living expenses (such as the amount of money a part-time job could supply), these athletes may... BOOT CAMP: from page 6 repetitions) of dips at the dip station. Once we were through with the obstacle course, we ran to the Plyometrics resistance class where we used resist-a-balls for sit-ups and lunges, and rubber strengthening tubing and dumbbells for an upper body workout. As that session came to an end, we ran back to the obstacle course. We alternated between the obstacle course and the resistance class about five times. At the end of the hour, I was completely exhausted. Raphael blew his whistle and told everyone to line up for the group run. Although I didn't think I could possibly move, let alone run, a part of me just wouldn't let myself quit. At first we began to jog (on the sand) at a steady pace for a few minutes. Suddenly, the speed accelerated to a sprint which lasted for the next five minutes. We then slowed down into a jog once again, and finally came to a long awaited stop. Optimum Boot Camp offers something that no other fitness program offers: 1) proper nutritional training and advice, 2) anaerobic exercise which entails proper cardiovascular interval training, and 3) resistance and weight training. Raphael's rationale for following a military style routine is that it increases cardiovascular endurance, muscle strength and loss of excess body fat in soldiers, and has been used by the government for years to guarantee such fitness success. By following this format, Raphael has shifted the burden of dedication from the individual to that of the whole unit. His philosophy is that "the whole unit is encouraged and motivated to move forward through teamwork, which in turn, helps push everyone toward reaching their personal goals, and that guarantees success." Whether or not you work out on a regular basis, want an alternative to an overcrowded gym, or want a new source of stress release, call up and schedule a trial session at Optimum Boot Camp. Sure, you'll get dirty and sweaty, and you'll definitely be sore for a few days. But you'll thank yourself for the most intensive hour-and-a-half workout of your life while also having a great time. [For more information on Optimum Boot Camp call (800) 493-6987, or visit their website at optimumfit.com]. JAHANGIRI: from page 3 genuine interest in what others have to say. When you talk to him, he gives you his undivided attention and really listens to what you're saying." One way Jahangiri attempts to promote public awareness of the LSD is through his promotion of the ABA's public service funding opportunities. Under the ABA programs, stipends are available for student groups who may be interested in holding a public interest function but are concerned about coming up with the money. "There is up to $500 available under either the Outreach Assistance Initiative (OAI) or the Public Interest Education or Diversity (PED) fund," Jahangiri said. For more information regarding public interest funding, scholarships or student competitions call his campus office at (949) 929-9309. Although Jahangiri is a natural politician, his science background has encouraged his interest in a career in Intellectual Property. He considers his undergraduate degree in biology an asset, and necessary preparation for the patent bar. While he enjoys being the Ninth Circuit Governor, he said he is looking forward to a break from the hectic schedule and perhaps time to pursue his passion for fishing. But for now, Jahangiri, like many law students is in a rush. It is not his responsibilities as governor that worry him; rather, it is his Con Law class. "With so much going on, I need to re-read tonight's homework before going to class just in case I'm called on," he laughs. SBA: from page 4 The SBA cannot be a successful organization unless it has student support, and is represented by the leaders of Loyola's diverse student body. For this reason, I encourage anyone interested in improving the quality of student life at Loyola to contact me or any SBA representative to share their ideas. I look forward to having a successful and memorable year. STUDENT EXERCISE ROOM SBA SURVEY RESULTS Do you currently belong to a fitness gym? 68% Yes 32% No Would you use an exercise room on campus? 80% Yes 20% No Would you be willing to pay a membership/maintenance fee? 54% Yes 46% No The survey was conducted informally during the week of October 18-22. The results represent the data collected from 387 first and second year Loyola students. Entertainment & Sports Law Society on the Move By Mike Mense Chances are, you have seen the flyers and posters around campus inviting you to events hosted by the Entertainment and Sports Law Society ("ESLS"). Already this Fall, the ESLS has invited Professors Dougherty and Lazaroff as well as a lawyer panel from Fox Family Worldwide to speak to Loyola students. Additionally, the ESLS threw its annual evening pool party and sponsored Salsa lessons. And, of course, on Halloween weekend, the ESLS co-sponsored "Fright Night" at Goodbar. And there are many more events to come! Last year, I had no idea with whom to speak about entertainment internships and symposiums, or which courses were beneficial. Unfortunately, the ESLS was not available to assist with these concerns. This year is different. The ESLS board is committed to improving communication with its members. In addition to its website, the ESLS maintains office hours Monday through Thursday to ensure that its members have access to all of the local internship and externship opportunities as they become available. While the ESLS members get priority information for internships and occasional scholarships for attending symposia, it also posts entertainment related symposia on the office door and web site for non-members. The ESLS is the best resource on campus for students interested in either the entertainment or the sports industry. With 70 members and counting, the ESLS represents a significant portion of the Loyola community. Because Los Angeles is the heart of the entertainment industry, students from Loyola should be the most prepared, most informed law students in the country when it comes to entertainment law. The mission of the ESLS is to prepare its members to stand out in the sea of potential entertainment lawyers. Students and faculty are encouraged to visit the ESLS' new and improved web site at HYPERLINK http://www.esls.org/ which lists upcoming ESLS events, other ESLS information, and links to entertainment related web sites. The ESLS is located in Founders Hall, Rm. 220 Office hours 12:15-1:00p.m. and 5:00-6:00p.m. Mon day through Thursday. Dues is $15/yr. ESLS Board Joseph Haney, President Josh Friedman, VP Sports Monica Vu, VP Entertainment Mike Mense, Chair New Media Ulises Henderson, Chair Music Gabriel Avina, Chair Film/TV Bethe Barkley, Chair Talent Unions and Guilds Sherif El Dabe, Chair Communications Damian Elahi, Chair Social Events Tom Martin, Secretary Tappan Zee/ Mohammed Abdullah—Treasurers "The true teacher defends his pupils against his own personal influence." Alcott MENSE: from page 5 prior work experience will help an attorney remember your name.” The other interns FFW selected were from USC, Pepperdine, University of Washington and the Director’s Guild. Mike found working with the other interns a lot of fun. He described the atmosphere as friendly and not at all competitive. Regarding his experience, Mike said, “All in all, the experience was very positive.” When asked what the benefits were of his internship at FFW, he responded, “I had exposure to almost every type of contract related to the television business.” Mike also stated that one of the lawyers he worked with has been a great resource for him recently regarding career planning and lets him know of potential opportunities. As to whether he thinks his internship will help him obtain a job upon graduation, Mike said, “You never know. The majority of attorneys at FFW began working in entertainment companies right out of law school. Also, the entertainment industry loves entertainment experience. FFW is a big name around town. At the very least, the position was helpful for making contacts.” Mike also added, “For people who are on the fence regarding entertainment law, an entertainment law internship is a great way to help them decide.” On the other hand, Mike added that for students who know they want to work for a large law firm upon graduation, an internship like his may not be the best use of their time. Mike Mense closed our interview with these words of wisdom, “I encourage first year students to come by the ESLS office now to find out about internships. As soon as the Spring semester starts, companies begin receiving resumes from first year students for Summer positions. First years should start looking at what is available now and begin the process in January. For second and third year students, there may still be time to land a Spring internship. So, stop by to see what is still available. Of course, paying members get priority. But, all students are welcome to come by the office and see what internship positions are currently open.” ELP: from page 5 Although, the more one works, the more one learns and networks, students should not expect to obtain more than two credits for working over 56 hours. However, the ELP does permit students to work up to 112 hours. Professor Dougherty advises that if a student wants to work in excess of 112 hours, arrangements should be made between the student and the company, independent of the ELP program. Students are required to fill out a time sheet which needs to be signed by the supervising attorney and turned into Professor Dougherty once all hours have been completed. Although credit is received for the ELP during Spring semester, students are allowed to complete the field-work anytime prior to the Spring Semester. Students may complete the field-work concurrently with the class meetings during the Spring Semesters, however, Professor Dougherty offers a word of caution: Students planning to complete the work during the Spring semester, they should have a position firmed up by Spring registration. While the Registrar will allow students to register for the ELP without proof of a position, no credits will be earned for the ELP unless the work is actually completed by the end of the Spring semester. The bad news is that students are required to find their own position. But, don’t despair. The good news is that thanks to Professor Dougherty’s efforts and networking skills, a long list of entertainment companies seeking law student interns is posted outside his office in Burns Building, Rm. 344. He is also in the process of compiling a database of companies that have used Loyola Law School student interns in the past. The competition for internships with major studios and large law firms is quite steep. LLS students are competing with UCLA and USC law students for these sought after positions. Fortunately, LLS has alumni working in some of the prominent entertainment companies, providing LLS students with a little edge over the competition. And, most importantly, LLS’s reputation in the entertainment industry is a plus in helping students land great internship positions. MONEY: from page 9 not resort to illegal tactics. Another increasing trend in collegiate athletics is the trend toward athletes forgoing 1, 2, and 3 years of their collegiate education (as well as some athletes that skip college altogether) to go to the pro ranks because the money that awaits them is impossible to turn down. It could be said that if the NCAA would allow their athletes to be paid a sum of money during their education, it might decrease the number of students who forgo their education to become professionals. Granted, this may not have a profound effect, but if it would persuade even a small percentage of them to stay and finish their education, it may be worth a shot. An additional consideration that many of these athletes must consider is that there always exists a very real possibility of a career or sometimes even life threatening injury. Such injuries would leave them with no opportunity to cash in on their talent as professionals. Some of these athletes suffer so many injuries during their collegiate careers that they are left physically handicapped. The medical bills alone can put any injured athlete at a serious financial disadvantage for the rest of their lives. In addition, the number of collegiate athletes that actually have an opportunity to go to the professional level is minimal. These are very real considerations to which the NCAA should give some serious thought. Yes, this would break from tradition; however, these athletes do deserve to be paid for the notoriety that they bring to their colleges and universities. It is a small drop in the bucket for the NCAA. Times do change. The NCAA should consider changing their ways too. START SAVING YOUR CANS!! Phi Alpha Delta is holding a Canned Food Drive on Mon. November 15 and Tues. November 16 Details regarding drop off times and locations to be announced. Phi Alpha Delta Presents... 1st Annual Miniature Golf Tournament Date: Saturday November 13th Location: Malibu Castle 2410 Marine Ave. Redondo Beach, CA Time: Noon Cost: $5.25 per person Cocktails to follow: Hennessy's Tavern 8 Pier Ave. Hermosa Beach, CA ALL ARE WELCOME... RSVP AT PAD OFFICE OR CALL: (213) 736-1004 OR EMAIL: [email protected] "You can tell the ideals of a nation by its advertisements." Douglas ## Loyola Law School Schedule of Events ### Week of 11/08/99 \| Day \| Event \| Time \| Room \| \|-----------\|----------------------------------------------------------------------\|---------------\|--------\| \| MON. \| Mr. May - Deans’ Search Committee \| 7:30 - 10:00a \| Bannan \| \| \| Ms. Levenson’s Crim. Law Review \| 12:00 - 12:50 \| H'80s \| \| \| Day SBA Meeting \| 12:15 - 12:50 \| B 206 \| \| \| Scott Moot Court Practice \| 6:00 - 7:00p \| C 004 \| \| TUES. \| Scott Moot Court Practice \| 10:30 - 11:30a\| C 002 \| \| WED. \| Scott Moot Court Practice \| 8:30 - 9:55a \| C 002 \| \| \| \| 2:00 - 3:00 \| B 249 \| \| \| Auxiliary Services Construction Mtg. \| 10:00a - 12:00\| C 002 \| \| \| BLSA Meeting \| 12:15 - 1:00 \| B 249 \| \| \| Ms. Pratt’s Corporations Review \| 12:30 - 1:30 \| DH \| \| \| Ms. Donahue - Trial Ad. Oral Arguments \| 7:45 - 10:00p \| B 255 \| \| THURS.\| Peer Mediation \| 2:00 - 3:00 \| C 004 \| \| \| Day SBA IOC Meeting \| 4:30 - 5:30 \| MH \| \| \| Entertainment & Sports Law - Speaker \| 5:00 - 6:00 \| FH 126 \| \| \| Board of Governors Meeting \| 6:30 - 9:00p \| Bannan \| \| FRI. \| Mr. May - Deans’ Search Committee \| 7:30 - 9:30a \| Bannan \| \| SAT. \| Admissions Open House \| 9:00 - 3:30p \| Various\| \| SUN. \| ILR Production Day \| 8:00 - 5:30 \| All Rooms \| \| MON. \| Day SBA Meeting \| 12:15 - 12:50 \| B 206 \|	<urn:uuid:72cff402-2411-488a-924c-c08cc0abe903>	CC-MAIN-2019-13	https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1100&context=loyola_reporter	2019-03-19T05:57:05Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-13/segments/1552912201904.55/warc/CC-MAIN-20190319052517-20190319074517-00372.warc.gz	478,990,103	16,094	eng_Latn	eng_Latn	0.994251	eng_Latn	0.999099	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown" ]	true	docling	[ 676, 5074, 11057, 19282, 28430, 37893, 44191, 47371, 51952, 59183, 66241, 72736, 75114 ]
Redlynch & District Local History Society The Mysterious Death of William Rufus by Andy Skinner of Southampton Museums Zoom Presentation on Tuesday 2 nd March 2021 Andy Skinner of Southampton Museums gave us an on‐line talk on The Mysterious Death of William Rufus (William II) 1057‐1100. William 1st and his family were Norsemen in origin and are described as violent and not particularly cultured. William Rufus is described as being well set, very strong, yellow hair, a florid complexion (which maybe the source of his name Rufus), different coloured eyes, loutish, uncouth and fond of bad language. He never married and was not particularly godly. This latter aspect may have affected the records which were mostly written by clerics. William 1st had 4 sons, Richard who was killed circa 1075 in a hunting accident, Robert who inherited his father's title Duke of Normandy, William Rufus who inherited England, and lastly Henry Beauclerc (good writer). All the brothers vied for power and land between themselves; in 1088 Robert aided a rebellion in England which William Rufus supressed. However shortly afterwards Robert went upon the 1St Crusade financially aided by William Rufus for which he became caretaker of Normandy in Roberts absence. William Rufus fell out with the Church such that when the Archbishop of Canterbury died in 1089, William Rufus did not appoint a successor for four years, keeping the church revenue in that period. William Rufus died in 1100 on the 2nd August; in the lead up to this the Crusade had ended and Robert was returning, if Henry were to seize power this would be the time to move. However both the 12thC accounts emphasise the death was an accident. In one version Walter Tyrell shoots an arrow at a running deer, the arrow is deflected off the stags back and hits William Rufus who has moved off station, in the breast; the other version states the arrow deflects on a bough hitting Rufus and emphasises the low sun and the King being dazzled. The assembled royal party rapidly departed to secure their lands so that charcoal burners, in particular Purkiss, were left to carry the body to Winchester where it was interred. Walter Tyrell decided an immediate visit to Normandy was prudent and stayed there marrying into the influential Clare family; he became Walter de Poix with an important position and appears to have had no blame attached to him. Henry rushed to Winchester to seize the treasury and thence to Westminster and was crowned on 5th August only 3 days after the death; and when Robert landed in England, Henry intercepted him near Alton and convinced him that he should remain King of England. Subsequent to this Henry captured Robert in battle in Normandy and kept him imprisoned for 28 years. So, whether an accident or murder, the astute Henry, with the help of the Church who were unsympathetic to William Rufus, carried the succession. Lastly where did this happen? Word of mouth provides the current memorial site at Canterton although John Leland in 15thC states it was at Thorougham, mentioned in the Doomsday Book but since lost on time. Bob Inns, Secretary March 9 th 2021 www.redlynchlocalhistory.org	<urn:uuid:f0616e05-9d3b-47a4-823f-cae24eaad47c>	CC-MAIN-2021-21	http://redlynch.org.uk/RDLHS_Report_2103.pdf	2021-05-19T00:25:53+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-21/subset=warc/part-00060-2bb1ba05-1421-4b90-a3f4-bbc46b4a29a5.c000.gz.parquet	45,639,773	1,216	eng_Latn	eng_Latn	0.99816	eng_Latn	0.99816	[ "eng_Latn" ]	false	rolmOCR	[ 3398 ]
1) State maximum power transfer theorem. 2) Write node voltage equations for the following problem: 3) Using source transformation, find voltage across 4Ω resistor 4) Find equivalent resistance between A and B. 5) What is the potential difference between points x and y in the network? 6) A circuit consists of two parallel resistors, having resistances of 20 Ω and 30 Ω respectively, and is connected in series with a 15 Ω resistor. If the current through 15 Ω resistor is 3 A, find current through 20 Ω and 30 Ω resistors. II Using mesh analysis, find currents in the three meshes. (51=5) Find current through 10 Ω resistor using Thevenin’s theorem III Find current through 4 Ω resistor using Norton’s theorem. (51=5) Find current in 5 Ω resistor by superposition theorem	<urn:uuid:15b8e708-0b0c-4423-b399-dc60ddfa9dc0>	CC-MAIN-2019-22	http://vidyalankar.org/file/engg_degree/IA/SemI-Dec14/BEE/VES-Institute.pdf	2019-05-21T19:49:58Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-22/segments/1558232256546.11/warc/CC-MAIN-20190521182616-20190521204616-00351.warc.gz	216,414,123	185	eng_Latn	eng_Latn	0.945923	eng_Latn	0.979857	[ "eng_Latn", "eng_Latn" ]	false	docling	[ 289, 784 ]
PERCUSSION SOLO PERFORMANCE REQUIREMENTS Snare Drum Rudiments: : Students in their first year of playing will perform the following three rudiments Single stroke roll, Double stroke roll, Flam Students in their second and third year of playing will perform, at the discretion of the adjudicator, three of the following rudiments: Single stroke, Double stroke roll, Flam, Single paradiddle, Drag (ruff), 5-stroke roll, 9-stroke roll Students in their fourth and fifth year of playing will perform, at the discretion of the judges, three of the following rudiments: Single stroke roll, Double stroke roll, Flam, Single Paradiddle, Drag (ruff), 5-stroke roll, 9-stroke roll, Flam accent # 1, Flam tap, 7 -stroke roll Rudiments are to be judged on quality, accuracy and speed and must be memorized. Mallet Instrument Scales: Students in their first year of playing will perform the following three scales: One octave Bb Chromatic (alternate sticking), Bb, Eb Students in their second and third year of playing will perform, at the discretion of the judges, three of the following scales: One octave Bb Chromatic (alternate sticking), Bb, Eb, C, F, Ab Students in their fourth and fifth year of playing will perform, at the discretion of the judges, three of the following scales: Two octaves Bb Chromatic (alternate sticking), Bb, Eb, C, F, Ab, G, D Scales are to be judged on accuracy and speed and must be memorized. Drum Set Rhythmic Patterns: : All drum set soloists will perform the following three drum set rhythmic patterns Swing time, Rock time, Latin time The following Drum Set Notation is used in all examples.	<urn:uuid:20e8d5ae-727c-4c6d-88fa-2dfdeb19b1fc>	CC-MAIN-2019-09	https://www.mokenameteormusic159.org/uploads/2/3/4/4/23449316/6-percussion_solo_requirements.pdf	2019-02-17T02:42:17Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-09/segments/1550247481428.19/warc/CC-MAIN-20190217010854-20190217032854-00129.warc.gz	905,698,318	381	eng_Latn	eng_Latn	0.996846	eng_Latn	0.996846	[ "eng_Latn" ]	false	rolmOCR	[ 1637 ]
Majid Al Futtaim (MAF) ISIN: NA Exchange: Not listed Nation: United Arab Emirates Website: Industry: Real Estate Operations https://www.majidalfuttaim.com/en ESG Rating & Score CC CCC 0-89.99 90-119.99 B 120-149.99 1 0 0 BB 150-179.99 0 BBB 180-209.99 0 ESG Relative Performance AA 240-269.99 AAA 270-300 0 0 Industry Benchmarks 91% Business Involvement Negative Screening - Not Involved 0 0 0 0 0 0 0 Countries of Concern - Russia 0 0 0 0 0 0 0 Positive Flags - SDGs - UNGC Signatory 0 0 0 0 0 0 0 0 Copyright 2022 IdealRatings, Inc. No part of this material maybe (i)copied, photocopied or duplicated in any form by any mean (ii)used to create derived data or restructure investment product (iii) redistributed without the prior written consent of IdealRatings, Inc. This report was prepared by IdealRatings to determine the ESG rating of the company based on IdealRatings Responsible Investment Research methodology and is not to be used for specific professional advice. To learn more visit us at: www.idealratings.com A 210-239.99 0 June 2022	<urn:uuid:70857b60-c365-4849-b80b-5c08ff2506b4>	CC-MAIN-2024-33	https://islamicsustainable.com/download/2049/	2024-08-10T22:51:09+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-33/subset=warc/part-00179-4f628544-3cdf-4526-86aa-bdfa0b33cdc9.c000.gz.parquet	257,966,217	341	eng_Latn	eng_Latn	0.64179	eng_Latn	0.64179	[ "eng_Latn" ]	false	rolmOCR	[ 1119 ]
References service Email alerting study summer camps: first year of the Healthy Camp Injury patterns at US and Canadian overnight E Goldlust, E Walton, R Stanley, et al. doi: 10.1136/ip.2008.020487 2009 15: 413-417 Inj Prev Updated information and services can be found at: http://injuryprevention.bmj.com/content/15/6/413.full.html These include: http://injuryprevention.bmj.com/content/15/6/413.full.html#ref-list-1 This article cites 19 articles, 7 of which can be accessed free at: box at the top right corner of the online article. Receive free email alerts when new articles cite this article. Sign up in the Notes http://injuryprevention.bmj.com/cgi/reprintform 1 University of Michigan Medical School, Department of Emergency Medicine, Ann Arbor, Michigan, USA; 2 University of Michigan Medical School, Department of Emergency Medicine, Injury Research Center, Ann Arbor, Michigan, USA; 3 The Research Institute at Nationwide Children's Hospital, Center for Injury Research and Policy, Columbus, Ohio, USA; 4 American Camp Association, Martinsville, Indiana, USA; 5 The Ohio State University College of Medicine, Department of Pediatrics and College of Public Health, Division of Epidemiology, Columbus, Ohio, USA; 6 Association of Camp Nurses, Bemidji, Minnesota, USA Correspondence to: Professor E Goldlust, University Emergency Medicine Foundation, 593 Eddy Street, Providence, RI 02903, USA; [email protected] Accepted 24 March 2009 Injury patterns at US and Canadian overnight summer camps: first year of the Healthy Camp study E Goldlust, 1 E Walton, 1 R Stanley, 2 E Yard, 3 B Garst, 4 R D Comstock, 3,5 L E Erceg, 6 R Cunningham 2 ABSTRACT Objective: To describe injury patterns at overnight summer camps in 2006, and identify risk factors for more significant injury. Design: Surveillance data obtained from Healthy Camp Study from 2006 were analyzed from 71 overnight camps, representing 437 541 camper-days and 206 031 staffdays. study (ie, residential camps self-selecting for study by responding to recruitment literature) therefore constitute a convenience sample of camps, representing 33 states and two Canadian provinces (range 1–8 camps per state). Results: Injuries were reported in 218 campers and 81 staff. 51.8% of injured campers were male versus 34.6% of staff. Among campers, 60.1% were evaluated off-site; 2.3% required hospital admission. 43.9% of injuries required .24 h activity restriction (deemed ''significant injury''). Among campers, significant injury was associated with camp sessions >14 days (RR 1.48); among staff, with male sex (RR 1.85) and camper-to-staff ratio (RR 0.67). There were no associations with age, time of day, setting, or level of supervision. Conclusions: Significant injuries are uncommon at overnight summer camps. Rates appear similar to those in comparable activities. Targeted interventions may further reduce injury risk. Approximately 11 million children and young adults attend summer camp annually. 1 The camp experience commonly includes high-risk activities such as team sports, water activities, wilderness hiking, and horseback riding. However, the rate and severity of injuries in the setting of summer camp have been poorly characterized. A prior study has described injury surveillance data from a small sample of summer camps, 2 but we know of no such publications from a broad sample. The objectives of the current study are to: (1) characterize rates and patterns of injury in a sample of overnight (residential) camps, and (2) identify correlates of more significant injuries. PATIENTS AND METHODS Data source and collection: the Healthy Camp study Data provided for analysis were collected between June 1, 2006 and August 10, 2006, the first of a 5year surveillance study of injury and illness in a large sample of summer camps—the Healthy Camp Study. Camps were recruited for voluntary participation via online advertisements and presentations at camp conventions and meetings. The population targeted by these recruitment methods includes the entire membership of the American Camp Association (ACA), which included over 2400 summer camps in the United States and Canada; a precise count is not available because this population changed somewhat during the recruitment period. The camps included for this Injury Prevention2009;:413–417. doi:10.1136/ip.2008.020487 15 Reporters at each camp were identified on acceptance of that camp for inclusion in the Healthy Camp study and were typically a healthcare provider (eg, camp nurse) but could include a camp administrator with previously approved access to patient data. Reporters provided data via an online data entry tool, Camp Reporting Information Online (RIO), by methods similar to those described previously. 2 3 Briefly, all reporters were asked to complete a weekly exposure report listing the number of campers on site along with the number of events of illness or injury. In addition, for each such event, reporters completed an illness or injury report form detailing information regarding the affected camper's demographics, the nature of the illness or injury, and associated circumstances. Reports could be updated throughout the study; typically, reporters gathered information prospectively, concurrent with the patient encounter, and reported them online shortly after the completion of the patient encounter or batched at the end of the day or week. Data were reported for both illness and injury; only injury data are described herein. Measures Any injury was included if it resulted in medical attention during dates of participation in an overnight camp program, regardless of where the injury occurred, and restricted the affected individual from camp activities for 4 h or more. For each camp, the sizes of the population at risk were reported in ''camper-days'' or ''staff-days,'' ie, the sum of the daily population of campers or staff at camp on each day of the week in question. For each injury, data recorded included patient demographics, timing of injury, activity type, anatomical location, and short-term sequelae. Data analysis Data were analyzed using commercially available statistical software. For comparison of categorical variables, differences were analyzed using relative risks and x 2 tests. For comparison of continuous variables, differences were analyzed using independent-sample two-tailed t tests. Multiple logistic regression was performed using block entry. Two camps were identified as possible outliers in early analyses because the total number of 413 Brief report Table 1 Characteristics of those injured at overnight summer camps, 2006 Numbers that do not total 299 reflect missing data. {''Short-term'' is defined as a camp with sessions lasting less 13 days or less. ''Longterm'' camps are those with sessions lasting 14 days or more. {The patient had received some form of safety training relevant to the activity during which the injury had been sustained. RESULTS Overall injury rates Of 133 camps reporting for the Healthy Camp Study, 71 were overnight camps, and 60 were day camps; the latter were therefore excluded from analysis. Of the 71 overnight camps, 58 (82.9%) were ''long-term,'' and 12 (17.1%) were ''short-term'' camps, with one camp undetermined. A total of 299 injuries were reported over 437 541 camper-days and 206 031 staff-days. Of these, 218 (72.9%) were sustained by campers, yielding a rate of 49.8 per 100 000 camper-days, and 81 (27.1%) by staff, yielding 39.3 per 100 000 staff-days (table 1). Injuries occurred most frequently between the ''waking hours'' of 07:00 and 23:00 (95.3%), and apparently more often during heavy activity periods in the morning (09:00 to 12:00: 18.1%), afternoon (14:00 to 17:00: 24.7%), and evening (19:00 to 22:00: 20.1%) (fig 1). Most injuries occurred on site, and during scheduled camp activities (see table 2). A total of 190 injuries (63.8%) were evaluated off site, of which eight (2.7%) required hospital admission. Additionally, 33 (11.1%) injuries ultimately resulted in temporary or permanent camp leave; no deaths were reported (see table 3). camper- and staff-days was over three standard deviations above the mean. Univariate comparisons between these camps and the remaining data also differed markedly on several measures, including a greater camper-to-staff ratio at the larger camps; as such, it was thought that these camps did not reasonably represent the experience of summer camps at large, and so injury data from these two camps were excluded from further analysis. Associations with injury severity Univariate analysis revealed an association between ''significant injury'' (ie, resulting in .24 h restriction from camp activities) and ''long-term'' camp sessions (p = 0.002). There was no such association between significant injury and age, sex, time of day, level of supervision, location, or camper-to-staff ratio (table 4). This association remained when analysis was limited to campers only (p = 0.002). When limited to staff only, the only 414 Injury Prevention2009;:413–417. doi:10.1136/ip.2008.020487 15 Injury Prevention Table 2 Activity and type of injuries sustained at overnight summer camp, 2006 Numbers that do not total 299 reflect missing data. {Includes burns, electrical, heat, and water-related injuries. associations with significant injury were with increasing age (p = 0.048) and camper-to-staff ratio (p = 0.036). Multivariate logistic regression using these same covariates redemonstrated the association between significant injury and long-term camp sessions, in the entire data set (RR = 2.60, p = 0.001) or when limited to campers only (RR = 3.60, p , 0.001). A similar model, Table 3 Evaluation of injuries sustained at overnight summer camp, 2006 Numbers that do not total 299 reflect missing data. 2009;:413–417. doi:10.1136/ip.2008.020487 15 415 Table 4 Bivariate associations with significant injury among campers, staff, and overall dataset All p values refer to those associated with x 2 tests, except for continuous variables (age and camper-to-staff ratio), which are p values for two-tailed, unpaired t tests. Values in bold and italics are those with statistically significant associations (p,0.05). Relative risk with 95% confidence interval. {Waking hours (07:00 to 23:00) versus ''Lights-out'' (23:00 to 07:00). {Levels of supervision include: scheduled instructional activity; scheduled evening program; free time; during meal; overnight; and other. Relative risks were not assessed, as this was not a dichotomous variable. Camp-wide camper-to-staff ratio, for the total numbers of staff and campers during the week of injury. 1 limited to staff only, did not significantly predict significant injury (data not shown for multivariate analyses). DISCUSSION The potential public health impact of injury at summer camp is enormous, as unintentional injury represents 44% of all childhood deaths, 4 5 with over 11 million children exposed to such injury at summer camps annually. 1 3 6 Despite this, little is known regarding injuries from summer camp activities. Our study reports a rate of 49 reported injuries per 100 000 camper-days. The working definition of injury is identical to that in Yard et al in a smaller sample of summer camps, and the injury rate reported therein is similar (39 per 100 000 camperdays). 2 Other studies in comparable settings include hospital visits from a Boy Scout Jamboree (79.9 per 100 000 camperdays), 7 and canoe and backpacking injuries (40 per 100 000 camper-days). 8 Estimates of playground injury rates are between 0.25 and 2.18 injuries per 100 000 child-hours (6 to 52 per 100 000 child-days). 9 10 A more appropriate comparison might be between the reported hourly rate of playground injuries and our hourly rate of injuries to campers during waking hours (ie, including only injuries sustained during the 16 ''waking hours'' indicated in fig 1). This rate works out to 3.0 camp injuries per (awake) camper-hour, which is slightly higher than the greatest estimate of playground injuries noted above. Overall, however, our reported injury rate among campers appears comparable to those in similar settings, despite the varying study definitions of injury. In our study, significant injury was not associated with age or sex among campers, although it was associated with male sex among staff. Population-based studies similarly show little difference in rates of non-fatal, unintentional injury between 5to-9-year-olds (10.1% annually), 10-to-14-year-olds (12.0%), and 15-to-19-year-olds (13.5%), while rates among males are significantly greater than females in all age groups. 11 It may be that the camp experience attenuates gender differences in exposure to high-risk activities, at least among campers. 8 12 Our study suggests that camp injuries tend to occur in relation to scheduled activity times. This schedule may vary between camps, but this trend has been observed previously. 13 This argues against the popular opinion that injuries are more likely during unsupervised events. Horseback riding and water sports are often concerning for parents of overnight campers. Horseback riding is very high risk, 416 with a pediatric hospitalization rate of 49 to 60 per 100 000 h of riding; 14 15 drowning accounts for 6.1% of all deaths among 10– 19-year-olds in the USA. 16 The exact activity when injuries occurred was not routinely reported; however, out of 83 reports (29.0%) including such descriptors, 16 were related to equestrian activities and seven to water activities. Only two of these (both equestrian) resulted in significant injury. Notably, informal surveillance data suggest fewer than five deaths per year nationally for campers and for staffers, 17–20 of which eight (five staff and three campers) were attributable to water activities, and 10 (eight staff and two campers) to off-site motor-vehicle collisions; none were associated with equestrian activities. This is the first study known to the authors to examine the relationship of camp duration with injury rates. The association between significant injury and long-term camp persists when controlling for level of supervision, and may reflect complacency regarding safety precautions over a longer camp session. It is also likely that long-term camps tend to include more high-risk activities (eg, horseback riding), although the event rates in the present study are insufficient to identify the particular high-risk activities. It is also likely that longer camp sessions have a different time distribution of activities, ie, that more time is spent out of supervised activities during a protracted camp session; or that activities are more time-consuming, and therefore more prone to carelessness and injury. This finding should help direct future analyses of the Healthy Camp Study and may prompt additional study and interventions focusing on injuries at long-term overnight camps. Advantages/limitations This study represents the first large-scale analysis of injuries at overnight camps. Our proxy of injuries requiring 24 h restriction from camp activities appears to be a reasonable representation of a significant alteration in the child's routine. It is not clear whether camps included in this study accurately represent the population of overnight summer camps at large, or even those which are members of the ACA. For instance, camps elected to participate in the Healthy Camp Study without compensation and therefore may preferentially represent camps engaged in safety promotion. In fact, the authors know of no available data regarding the distribution of camper demographics or activities offered at summer camps as a whole, or even when limited to ACA members. Finally, results might not apply to very large camps like the two camps excluded for Injury Prevention2009;:413–417. doi:10.1136/ip.2008.020487 15 What is already known on the subject c An estimated 11 million children and young adults attend summer camp annually 1 and are exposed to a wide variety of activities at high risk for injury. c Regulations regarding safety at summer camps differ markedly between states. 2 3 c Little has been reported regarding morbidity and mortality. 2–4 What this study adds This study represents: c the first large-scale study to describe injury rates and correlates at overnight camps; c the first study known to the authors to examine the relationship of injury rates to camp characteristics such as the duration of camp sessions; c the first study known to the authors which attempts to capture injury data prospectively among American summer camps with a broad geographic distribution. study. Preliminary analyses suggested that these camps had a much greater camper-to-staff ratio, and that injuries at these camps followed a different pattern in terms of injury type and anatomical distribution (data not shown). The Healthy Camp Study will continue data collection through 2011; future studies may assess rates and types of injury over time, and more precise rates of infrequent injury types. CONCLUSIONS Overall, serious injuries were rare in our sample of overnight summer camps, and the injury risk appears comparable to those in similar settings, suggesting that presence at overnight camp is not a significant risk factor for serious injury. Camp sessions lasting 14 days or more apparently present an increased risk for significant injury. The Healthy Camp Study continues to accrue data and may reveal injury trends at summer camp over time, more precise estimates of injury, and measures of uncommon but concerning injury mechanisms such as equestrian activities, water activities, and motor-vehicle crashes. Funding: The Healthy Camp Study is funded by Markel Insurance Company, Glen Allen, Virginia. Sponsoring institutions include the American Camp Association, the Association of Camp Nurses, The Ohio State University College of Medicine, Center for Injury Research & Policy at Nationwide Children's Hospital, the National Recreation and Park Association, and the Christian Camp and Conference Association. The present study was otherwise unfunded and unsponsored. Injury Prevention2009;:413–417. doi:10.1136/ip.2008.020487 15 Competing interests: Several of the authors are affiliated with these organizations. EW is on the Advisory Board for the American Camp Association, and BG is employed by the American Camp Association. EY and RDC are employed by the Center for Injury Research and Policy. LEE is employed by the Association of Camp Nurses. None of these individuals was involved directly in the data analysis, and none of these agencies is believed to have a vested interest in the results of this study. Each author contributed substantially to this study in the following areas: EG: conception and design of the present analysis, analysis and interpretation of data drafting the article, revising the article critically; EW: conception and design of the present analysis, conception and design of the Healthy Camp Study, analysis and interpretation of data, revising the article critically; RS: conception and design of the present analysis, analysis and interpretation of data, revising the article critically; EY: conception and design of the Healthy Camp Study, revising the article critically; BG: conception and design of the Healthy Camp Study, revising the article critically; RDC: conception and design of the Healthy Camp Study, revising the article critically; LEE: conception and design of the Healthy Camp Study, revising the article critically; RC: conception and design of the present analysis, analysis and interpretation of data, drafting the article, revising the article critically. Provenance and peer review: Not commissioned; externally peer reviewed. REFERENCES 1. Asnes RS, Feldman B, Gersony WM, et al. The medical care of children at summer camps. Am J Dis Child 1974;128:64–6. 2. Yard EE, Scanlin MM, Erceg LE, et al. Illness and injury among children attending summer camp in the United States, 2005. Pediatrics 2006;118:e1342–9. 3. Walton EA, Maio RF, Hill EM. Camp health services in the state of Michigan. Wilderness Environ Med 2004;15:274–83. 4. Hamilton BE, Minino AM, Martin JA, et al. Annual summary of vital statistics: 2005. Pediatrics 2007;119:345–60. 5. Guyer B, Freedman MA, Strobino DM, et al. Annual summary of vital statistics: trends in the health of Americans during the 20th century. Pediatrics 2000;106:1307–17. 6. American Camp Association website. Enrollment trends. http://www.acacamps. org/media_center/camp_trends/enrollment.php (accessed 9 Sep 2007). 7. Wetterhall SF, Waxweiler RJ. Injury surveillance at the 1985 National Boy Scout Jamboree. Am J Sports Med 1988;16:534–8. 8. Elliott TB, Elliott BA, Bixby MR. Risk factors associated with camp accidents. Wilderness Environ Med 2003;14:2–8. 9. Mack MG, Hudson S, Thompson D. A descriptive analysis of children's playground injuries in the United States 1990–4. Inj Prev 1997;3:100–3. 10. Alkon A, Genevro JL, Tschann JM, et al. The epidemiology of injuries in 4 child care centers. Arch Pediatr Adolesc Med 1999;153:1248–54. 11. Vyrostek SB, Annest JL, Ryan GW. Surveillance for fatal and nonfatal injuries— United States, 2001. MMWR Surveill Summ 2004;53:1–57. 12. Barrett HS. Summer residential camp accidents, injuries and emergencies. Conn Med Aug 1969;33:521–3. 13. Meyer RJ, Kibrick AK, Kibrick S, et al. Epidemiology of summer camp accidents. Arch Environ Health 1963;7:325–30. 14. Ball CG, Ball JE, Kirkpatrick AW, et al. Equestrian injuries: incidence, injury patterns, and risk factors for 10 years of major traumatic injuries. Am J Surg 2007;193:636–40. 15. Christey GL, Nelson DE, Rivara FP, et al. Horseback riding injuries among children and young adults. J Fam Pract 1994;39:148–52. 16. Bernard SJ, Paulozzi LJ, Wallace DL, for Centers for Disease Control and Prevention (CDC). Fatal injuries among children by race and ethnicity—United States, 1999– 2002. MMWR Surveill Summ 2007;56:1–16. 17. American Camp Association. Resources and lessons learned from the ACA Crisis Hotline. CampLine 2007;17:8–11. 18. American Camp Association. Case studies and resources: Another year of lessons from the ACA Crisis Hotline. CampLine 2006;15:1–6. 19. American Camp Association. Lessons learned from another year with the ACA Camp Crisis Hotline. CampLine 2005;14:1–4. 20. American Camp Association. Summary of 2003–2004 ACA Hotline Calls. 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The Storm Of The Century BLIZZARD OF '66 PHOTO SPECIAL SOUVENIR EDITION -- MARCH, 1966 MORNING PIONEER Cover Picture: Going West On Main In Mandan, N.D. Pioneer Photo Record of the Blizzard on Main in the Sister Cities BISMARCK: Digging out a car on Main - Between Fourth and Fifth MANDAN: Drifts higher than a pedestrian were a problem Penneys and Dahners had snow up to the awnings on Mandan's Main Street. At right is Mandan Chamber of Commerce office, Main Street, Mandan. Going down Sixth avenue hill south of the Mandan Hospital there was plenty of white stuff. Marion Park, Bismarck saw more snow than ever before. Boulevard, Bismarck was among the deepest buried streets. Flecks garage, Bismarck, was drifted in deep. L. G. Ferguson home 226 West Divide Bismarck was deep in snow as the tractor was busy at the garage door. O'Hara home, 124 W. Arikara, Bismarck, from Washington street looking east. South of the capitol at Fourth and Boulevard the cars and plows take their turn through a single lane. A wasteland of snow in Mandan is typical of the storm's wake. It looked like a mountain to her and to the photographer, too. Dr. Beck's house on Boulevard avenue in Bismarck was up to the eaves. Souvenir Pictorial special printed in Bismarck on the offset presses. Most photos by the Pioneer staff. Those from the Minot AFB and the Associated Press are marked with proper credits. The Morning Pioneer is published six days a week and Subscriptions are $12 per year. Pioneer Main and Mandan Bismarck, N. D. Pioneer First Street and Second Ave. Mandan, N. D. PIONEER PICTURES SHOW RECORD 21 INCH SNOWFALL BISMARCK-MANDAN STORM STATISTICS "BLIZZARD OF '66" Noon, March 2, 1966, Wednesday Evening, until March 4, 1966, Friday. Total Snow ................. 22.4 inches Thursday Snow ............. 15½ inches Maximum Wind Velocity .................. 53 miles per hour Temperature High ....... 29 degrees Wed. Temperature Low ........ 8 above Friday All Bismarck-Mandan Stores closed Thursday and Friday. All city streets impassable for traffic. Like gnomes on the train, shoveling workers dig out North Coast Limited, N.P., near New Salem, N.D. Photo by Bob Barclay Looking west on Thayer towards Wards and the Telephone Company. Looking up Main in Bismarck. Main in Mandan - Note pedestrian is up in the air on the drift. Cars were buried deep at Holiday Inn, Bismarck. Shovels are busy at Second and Main, Bismarck. Everyone who shoveled knows how his back felt. This is at Fleck's garage, Bismarck, where gas pumps went under. "Thar's a car in that there drift!" An ambitious home owner starts digging his way into a big drift......... AFTER ........and lo and behold there is his buried automobile. Photo by Currie Conrad PIONEER CAMERA REVEALS SNOW, MORE SNOW Main Street, Mandan, visible over top of drifts. National Guard helps out. Cleanup at the Penney store, Fourth and Main, Bismarck Trailer Park is "pedestrian only" traffic and cars are stuck. Second and Main Corwin Churchill Motors, Bismarck The hood of a buried car at Holiday Inn is just visible. Avenue C and Griffin, Bismarck, beneath the stop light. One way traffic only. This rotary was working at Mandan. ORDER EXTRA COPIES Three for $1 MORNING PIONEER Box 310 Box 458 Bismarck, N. D. Mandan, N. D. MORE SOUVENIR ISSUES ARE AVAILABLE Morning Pioneer Souvenir Special "THE STORM OF THE CENTURY" Nearly dug out is this car on Main Avenue and Fifth, Bismarck across from the Patterson Hotel. Main street, Mandan, Saturday afternoon, March 5. Cars are stuck in the drift in front of the Quain & Ramstad Clinic. Everyone's shoveling - Nuns in Mandan clean up the heavy snow. Frosting on the top of the car remains in place after vehicle is free! Familiar scene is along Broadway in Bismarck where man-sized drifts block the view. A plow roars down East Main in Bismarck. House cleaning time - The Robert Mickel home north of Fargo is almost buried. AP Photo White Drug store is really white in Grand Forks, N. D., also hit by storm. AP Photo Minot AFB helicopter lands on a mission of mercy to farm home. AFB Photo Calf in northern South Dakota is survivor. AP Photo Arrows point to buried car headlite and top near Norton Garage on Main in Bismarck. The man with shovel will be tired of snow tonight. Pioneer Photo Farms and tree studded areas took worst lashing Minot AFB Photo Another Photo Feature of the MORNING PIONEER Bismarck-Mandan © Copyright 1966	bd6ad7af-e51f-4b70-8cc8-04345d75cea7	CC-MAIN-2025-08	http://mandanhistory.org/images/Mandan_Pioneer_-_1966_Snow_of_the_Century_Derated.pdf	2025-02-06T16:07:09+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2025-08/subset=warc/part-00141-b184e832-acd1-425a-bab7-895830f2748a.c000.gz.parquet	17,111,284	1,178	eng_Latn	eng_Latn	0.890567	eng_Latn	0.994706	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	true	docling	[ 154, 575, 1587, 2765, 3357, 3898, 4493 ]
March 16, 2017 The Honorable Ted W. Lieu Member 236 Cannon House Office Building U.S. House of Representatives Washington, D.C. 20515-0533 Dear Congressman Lieu: As a follow-up to OGE’s February 16, 2017, letter to you, please find the enclosed copy of OGE’s March 9, 2017, letter to Chairman Chaffetz and Ranking Member Cummings of the House Oversight and Government Reform Committee. Sincerely, Walter M. Shaub, Jr. Director Enclosure March 9, 2017 The Honorable Jason E. Chaffetz Chairman Committee on Oversight and Government Reform United States House of Representatives 2157 Rayburn House Office Building Washington, DC 20515 The Honorable Elijah E. Cummings Ranking Member Committee on Oversight and Government Reform United States House of Representatives 2471 Rayburn House Office Building Washington, DC 20515 Dear Chairman Chaffetz and Ranking Member Cummings: I am writing to update you regarding the conclusion of the matter you raised in your February 9, 2017, letter regarding Kellyanne E. Conway, Senior Counselor to the President. Enclosed is OGE’s reply to the White House’s February 28, 2017, response. On February 13, 2017, I wrote to the White House and recommended that it consider taking disciplinary action against Ms. Conway. As you know, OGE cannot impose disciplinary action on an executive branch employee other than an OGE employee. When an agency declines to take disciplinary action against an employee in connection with an ethics violation, OGE’s only recourse is to notify the President.$^1$ In this case, however, the White House’s response makes clear that disciplinary action will not be taken. Of greater concern, the White House’s response includes assertions challenging the applicability of ethics rules and OGE’s authority to oversee the ethics program for the entire executive branch. OGE disagrees with these assertions. Sincerely, Walter M. Shaub, Jr. Director Enclosure $^1$ See 5 U.S.C. § 402(f)(2)(A)(iv)(II). March 9, 2017 Stefan C. Passantino Deputy Counsel to the President and Designated Agency Ethics Official The White House 1600 Pennsylvania Avenue, NW Washington, DC 20500 Dear Mr. Passantino: Thank you for your timely response to my February 13, 2017, letter regarding Kellyanne E. Conway, Special Counselor to the President. While I appreciate your explanation of the White House’s ethics education and counseling efforts, I am concerned about the response for two reasons. I remain concerned about Ms. Conway’s misuse of position. Your letter concedes that her televised statements from the White House press briefing room implicated the prohibition on using one’s official position to endorse any product or service. When an employee’s conduct violates 5 C.F.R. § 2635.702, disciplinary action serves to deter future misconduct. Not taking disciplinary action against a senior official under such circumstances risks undermining the ethics program. I am more concerned about the extraordinary assertion that “many” of OGE’s regulations are inapplicable to employees of the Executive Office of the President. The assertion is incorrect, and the letter cites no legal basis for it.$^1$ Presidential administrations have not considered it appropriate to challenge the applicability of ethics rules to the entire executive branch. It is critical to the public’s faith in the integrity of government that White House employees be held to the same standard of ethical accountability as other executive branch employees. Sincerely, Walter M. Shaub, Jr. Director $^1$ OGE also disagrees with the separate assertion in a footnote to your letter that White House employees are outside OGE’s purview. The underlying theory that the White House Office is not an “executive agency” for certain limited purposes under 5 U.S.C. § 105 has never been applied in the context of government ethics, nor should it be. cc. Mr. Donald F. McGahn II Counsel to the President Rep. Jason E. Chaffetz Chairman Committee on Oversight and Government Reform U.S. House of Representatives Rep. Elijah E. Cummings Ranking Minority Member Committee on Oversight and Government Reform U.S. House of Representatives	5f3e4e68-bab1-4bd0-9a7e-f6ec2474f287	CC-MAIN-2021-43	https://www2.oge.gov/Web/OGE.nsf/Congressional%20Correspondence/405D07C4C4058978852585B6005A19F1/$FILE/Letter%20from%20OGE%20Director%20to%20Congressman%20Lieu%20March%2016%202017.pdf?open	2021-10-23T04:05:57+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-43/subset=warc/part-00284-16202947-a809-4711-8221-79ab0a79d5b1.c000.gz.parquet	1,236,673,919	935	eng_Latn	eng_Latn	0.877811	eng_Latn	0.981417	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	true	docling	[ 452, 2012, 3938, 4228 ]
JOHN PARSONS Managing Director OCEAN WIND GmbH, founded in May 2013 Australian citizen. Born in Melbourne, Victoria on the 9th of May 1960. Swiss resident with B-Permit (renewable after 5 years) address: Chalet Alpina 3823 Wengen Switzerland phone: +41 79 5190800 e-mail: c [email protected] skype: john-parsons Education 1977 Higher School Certificate Caulfield Grammar School Melbourne 1981 Bachelor of Science (Chemistry) Monash University Melbourne Languages English (Native Language) German French Spanish Qualifications and Certificates RYA First Aid (2012) RYA Yachtmaster Offshore RYA SRC Radio Operators licence RYA Professional Practices and Responsibilities (2012) GMDSS General Operators Certificate Yachting Australia Offshore Yachtmaster Instructor IYT Bareboat Skipper Instructor USL Open Coxswain* USL Master Class V Restricted. Smooth & Partially Smooth waters Whitsunday* USL Marine Engine Driver Grade III* Restricted Radio Operators Licence. STCW A-VI/1-1 Personal Survival Techniques STCW A-VI/1-2 STCW A-VI/1-3 Fire Prevention and Fire fighting Elementary First Aid STCW A-VI/1-4 Personal Safety and Social Responsibilities Occupational Health and Safety at Sea. St John Ambulance Australia. Emergency First Aid level 2 & Senior First Aid. PADI Divemaster Swiss Snowsports Instructor with Federal Certificate of VET (highest qualification) Australian College of Journalism Diploma. Current Australian and Swiss drivers license Light Rigid and Motorcycle. *USL-Universal Shipping Laws is an Australian commercial qualification. MARITIME EMPLOYMENT HISTORY Sailing experience recreational, commercial and as an Instructor. From day cruises to blue water passages, further experience in maintenance and managerial roles. Europe since-2014 May-October. Owner/operator/instructor at Ocean Wind. Providing IYT sail training and holiday charters aboard our own vessel. 2013 May-October. Skipper aboard the sailing vessel Blue Leopard. A 34 metre Ketch sailing from Imperia in Italy to Largs, Scotland. West and south coasts of Ireland. Cote d'Azur and to Malta for wintering. 2009-12 May-October. Sailing Instructor for the Segelschule Thunersee in Switzerland. Sailing courses on the lake, preparation courses for the Swiss Sailing Licence. Skipper for outings on the lake for Team building events and Company outings. 2011-12 May and October Sailing instructor for Yacht Training 2000 running courses in the Croatian Adriatic. 2010 October Started Yacht Training 2000 in partnership with the Austrian Charter Company Yachting 2010 May Vessel delivery skipper, 15mt motor vessel from Bodrum, Turkey to Zadar Croatia 2000, ran IYT Bareboat Skipper course. 2008 May-September. Skipper and base operations. Yachting 2000. Marina Mandalina, Šibenik, Croatia. Maintenance and preparation of sailing vessels for bareboat charter. Customer check in and briefing. Skipper for charter, as well as boat deliveries between marinas. 2007 May-September. Skipper and base operations. Yachting 2000. Marina Kaštela, Split, Croatia. Maintenance and preparation of vessels (both power and sail) for bareboat charter. Customer check in and briefing. Skipper (both power and sail) for charter, as well as boat deliveries between marinas. Australia 2005-6 July-October. Master of SV. Whitehaven, a 17.5 metre ketch. Conducting 2 day, 2night cruises of the Whitsunday islands. Duties: master, maintenance, snorkelling lookout and information, Interpretive national park bush walks on the islands. 2005-6 July-October. Master and Sailing Instructor on Double-0-Seven, a 38ft sloop out of Airlie Beach. Teaching Yachting Australia courses for the Whitsunday Marine Academy. 2004 October-November. Master of "Powerplay", a 12 metre powercat engaged in two day tours of the Whitsunday islands. Snorkelling and diving. 2004 June-September. Deckhand on the 19 metre traditional gaff rigged ketch "Alexander Stewart" sailing the Whitsunday Island out of Airlie Beach. Three day tours of the islands. Duties include all deck duty work, watch keeping, maintenance, snorkelling lookout and information, Interpretive national park bush walks on the islands. 2003 June-November. Deckhand on the 19 metre traditional gaff rigged ketch "Alexander Stewart" sailing the Whitsunday Island out of Airlie Beach. Three day tours of the islands. Duties include all deck duty work, watch keeping, maintenance, snorkelling lookout and information, Interpretive national park bush walks on the islands. 2001 August. Recreational(unpaid) sailing trip from Airlie Beach in Queensland to Darwin in the Northern Territory. 32 ft yacht, "Scalpay of Rhu". Crew member (of two), full watch keeping and navigation duties. 1996 June-November. First mate on the sailing vessel "Interlude". 74 ft Deerfoot sloop. Duties included: Maintenance, deck and watch duties; Passage from Hamilton Island, QLD AustraliaDarwin-Indonesia-Cocos Islands-Mauritius-Cape Town South Africa. 1994 June-October. General deck hand on Sailaway III. Sailing from Port Douglas to the Low Isles daily with tourists. As well as on board duties, conducted guided snorkelling tour and glass bottom boat viewing trips on the surrounding reef. OTHER EMPLOYMENT HISTORY Snow skiing Years of passionate skiing both as a recreational skier and ski professional. Ski lift operation, sales and service and instruction. Teaching all levels, from "never seen snow" to expert wanting to brush up his powder technique or get through the bumps easier. Teaching in four languages on three continents. Ten years active competition in Demonstration skiing. Scuba diving Experience in all facets of dive instruction. One day trips with a full introductory dive program. Pool discover SCUBA. All types of courses, theory pool and ocean from Open Water to Divemaster. Extended trip vessels. 2000 May-November. Instructor for Oceania Dive, Airlie Beach, Australia. Teaching Open Water Courses on a five day basis, Advanced Open Water and Divemaster courses. 1999 July-November. Instructor for Deep Sea Divers Den, Cairns, Australia. Teaching Open Water Courses on a five day basis, Advanced Open Water and Divemaster courses. 1998 July-November. Instructor for Quicksilver Diving Services, Port Douglas, Australia. Conducting Open Water Courses and Discover SCUBA Diving (Introductory) programs; Divemaster/guide for certified divers; promotional swimming pool programs. 1997 September-November. Divemaster-Instructor for Pro Dive in Cairns, Australia. General Deck duties on the boat. Function as the Divemaster, organising dives, site briefings, logging, and equipment maintenance. Dive Instructor for Advanced courses and additional Instructor on Open Water courses. 1997 July-August. Divemaster aboard the vessel "Passions Of Paradise" out of Cairns, Australia. Duties included: setting up of dive gear; briefing and guiding certified divers; briefing for introductory dives; assistant to instructor on introductory scuba dives; general deck and watch duties; maintenance. Science As Bachelor of Science in Chemistry 1986-1988 Bunge Australia. Melbourne. Downstream processing of a recombinant DNA protein product. Recovery of product from bacterial inclusion bodies, purification biological reactivating and testing. 1982 Analabs Kalgoorlie. Mineral analysis for mining and prospecting using Fire Assay(gold), wet chemical and chromatography methods. And - Widely travelled in Australia, Europe, South America and South East Asia - Published articles in Australian Skiing magazines. - Enthusiastic photographer with photoshop skills. - Computer skills including basic web design. REFERENCES Rodger Sandiford Owner of the Blue Leopard c/- Comtec Services S.A. Route de Duillers 18 1260 Nyon 2 Switzerland Robert Pühringer Base Manager Yachting2000 Marina Dalmacija, Pier 10 23206 Bibinje-Sukošan Croatia e-mail: [email protected] Josef Limburger Manager Yachting 2000 Überlendnerstr 24a A-41111 Walding Austria email: [email protected] Operator SV Whitehaven and Alexander Stewart Warren Ladd Tallships Pty Ltd PO Box 407 Cannonvale QLD 4802 Australia. e-mail: [email protected] Graeme Richardson Director Whitsunday Marine Academy PO Box 1133 Airlie Beach QLD 4802 Australia. e-mail: [email protected] Ercole Famiglietti Director Schweizer Ski und Snowboardschule 3823 Wengen Switzerland e-mail: [email protected] Hanspeter Iseli Manager Segelschule Thunersee Postfach CH-3652 Hilterfingen Switzerland e-mail: [email protected]	<urn:uuid:5260f03a-ac7b-483f-9c1a-84ca2ac8f869>	CC-MAIN-2018-34	https://www.oceanwind.ch/downloads/CV-johnparsons.pdf	2018-08-21T15:33:11Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-34/segments/1534221218357.92/warc/CC-MAIN-20180821151743-20180821171743-00592.warc.gz	941,947,270	1,999	eng_Latn	eng_Latn	0.719066	eng_Latn	0.944153	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "kiu_Latn" ]	false	rolmOCR	[ 1591, 4213, 6059, 7701, 8587 ]
Reconstruction Capital II Limited (the "Company") Interim Unaudited Consolidated Financial Statements for the six months ended 30 June 2014 Reconstruction Capital II Ltd ("RC2, the "Company" or the "Group"), a closed-end investment company incorporated in the Cayman Islands admitted to trading on the AIM market of the London Stock Exchange, today announces its results for the for the six months ended 30 June 2014. Copies of the Company's interim financial statements will today be posted to shareholders. The annual report is also available to view on the Company's website http://www.reconstructioncapital2.com/. Financial highlights - The net asset value as at 30 June 2014 was EUR 0.3542 per share (EUR 0.3287 per share as at 31 December 2013); - As at 30 June 2014 the Company's market capitalisation was approximately EUR 12.5m, with a closing price of EUR 0.125 per share; - The Directors do not recommend the payment of a dividend. Operational highlights The Private Equity Programme RC2 did not make any new investments under its Private Equity Programme, and continued to pursue a number of exits, both from the Fund's investee companies as well as from certain assets held by them. The investments held under the Private Equity Programme had a fair value of EUR 41.3m at the end of June, up 8.7% since the 2013 year-end audit report, primarily due to the effect of the increase in the Albalact SA share price. The Trading Programme As at 30 June 2014, RC2's listed equities held under the Trading Programme had a total market value of EUR 0.3m, down 6% over the semester, due to lower prices of these investments on the local stock exchange. All the investments held under the Trading Programme were in Romanian equities. For further information, please contact: Reconstruction Capital II Limited Ion Florescu / Ivanka Ivanova Tel: +44 (0) 207 244 0088 Grant Thornton UK LLP (Nominated Adviser) Philip Secrett / David Hignell Tel: +44 (0) 20 7383 5100 Edmond de Rothschild Securities (Broker) Hiroshi Funaki Tel: +44 (0) 20 7845 5960 INVESTMENT MANAGER'S AND INVESTMENT ADVISOR'S REPORT On 30 June 2014, Reconstruction Capital II Limited ("RC2" or the Fund) had a total unaudited net asset value ("NAV") of EUR 35.4m or EUR 0.3542 per share, a 7.8% increase compared to the audited NAV at the end of December 2013. The increase in the NAV is mainly the result of a 40% increase in the Albalact SA share price over the first semester, as well as the receipt of EUR 1.5m of dividends from the Top Factoring Group. In May, RC2 exchanged half its shareholder loan to Klas (the bakery division of East Point Holdings Ltd) amounting to EUR 1.3m for a 41% direct shareholding in the company. Consequently, RC2's direct shareholding in Klas has increased from 11% to 52%. RC2 did not make any new investments under its Private Equity Programme, and continued to pursue a number of exits, both from the Fund's investee companies as well as from certain assets held by them. The investments held under the Private Equity Programme had a fair value of EUR 41.3m at the end of June, up 8.7% since the 2013 year-end audit report, primarily due to the effect of the increase in the Albalact SA share price. As at 30 June 2014, RC2's listed equities held under the Trading Programme had a total market value of EUR 0.3m, down 6% over the semester, due to lower prices of these investments on the local stock exchange. All the investments held under the Trading Programme were in Romanian equities. Over the first half of the year, RC2 received EUR 1.5m in dividends from the Top Factoring Group, as well as EUR 0.6m from Mamaia Resort Hotels SRL pursuant to a loan made by RC2 which has now been repaid following a refinancing. RC2 also secured a bridge loan of EUR 6.75m from Ion Florescu, a Director of the Fund, of which EUR 5.75m was drawn at the end of June. The proceeds were used to repay accrued liabilities, including prior shareholder and director loans, as well as to provide working capital to the Fund. At the end of June 2014, RC2 had cash and cash equivalents of approximately EUR 0.5m, borrowings of EUR 5.9m, and another EUR 2.3m of accrued liabilities to its service providers, including investment management and advisory fees. RC2 has announced that it is planning to launch a EUR 9m convertible bond to refinance the bridge loan and provide working capital to the Fund. New Europe Capital Ltd New Europe Capital S.R.L. New Europe Capital DOO CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME FOR THE SIX MONTHS ENDED 30 JUNE 2014 CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS OF 30 JUNE 2014 CONSOLIDATED STATEMENT OF CHANGES IN EQUITY FOR THE SIX MONTHS ENDED 30 JUNE 2014 Share premium is stated net of share issue costs and is not distributable by way of dividend.	<urn:uuid:952baef5-6592-4ae5-b264-ef3373084b33>	CC-MAIN-2022-40	https://reconstructioncapital2.com/upload/files/88402014%20Interims%20RNS%20-%20Announcement%20-%20FINAL.pdf	2022-09-30T18:49:05+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2022-40/subset=warc/part-00250-26160df0-1827-4787-a515-95ecaa2c9688.c000.gz.parquet	514,905,392	1,197	eng_Latn	eng_Latn	0.803812	eng_Latn	0.988677	[ "eng_Latn", "eng_Latn", "dan_Latn", "unknown", "eng_Latn" ]	false	rolmOCR	[ 2061, 4487, 4573, 4638, 4816 ]
The Wayback Machine - https://web.archive.org/web/20171216161933/http://cocoon2017.comp.polyu.edu.hk:80/program… COCOON 2017 AUGUST 3–5, HONG KONG, CHINA PROGRAM Proceedings (direct link, no subscription required) AUGUST 3 (THURSDAY) 7:45–8:45 REGISTRATION 8:45–10:00 Jiannong Cao, Openning Dániel Marx, The optimality program for parameterized algorithms 10:00–10:30 COFFEE & TEA BREAK 10:30–12:10 SESSION 1 Jakub Gajarský, Petr Hlineny, Martin Koutecky, and Shmuel Onn Parameterized shifted combinatorial optimization Qilong Feng, Senmin Zhu, and Jianxin Wang An improved kernel for parameterized bisection above tight lower bound Pranabendu Misra, Fahad Panolan, Ramanujan M. S., and Saket Saurabh Linear representation of transversal matroids and gammoids parameterized by rank Hoang-Oanh Le and Van Bang Le NP-hardness and structural results for half-squares of tree convex bipartite graphs SESSION 2 Yuval Filmus, Hamed Hatami, Yaqiao Li, and Suzin You Information complexity of the and function in the two-party and multi-party settings Kun He, Qian Li, and Xiaoming Sun A tighter relation between sensitivity complexity and certificate complexity Purnata Ghosal, Om Prakash, and Raghavendra Rao B V On constant depth circuits parameterized by degree: identity testing and depth reduction Akinori Kawachi, Kenichi Kawano, Francois Le Gall, and Suguru Tamaki Quantum query complexity of unitary operator discrimination 12:10–14:00 LUNCH BREAK (Chair: (Chair: Dán (Chair: Da Zhi-Zhong Chen, Guohui Lin, Lusheng Wang, Yong Chen, and Dan Wang Approximation algorithms for the maximum weight internal spanning tree problem Yiyao Jiang Constant approximation for stochastic orienteering problem with $(1+\epsilon)$-budget relaxation Guangwei Wu and Jianxin Wang Approximation algorithms for scheduling multiple two-stage flowshops Dongmei Zhang, Chunlin Hao, Chenchen Wu, Dachuan Xu, and Zhenning Zhang A local search approximation algorithm for the $k$-means problem with penalties SESSION 4 Elena Khramtcova and Evanthia Papadopoulou Randomized incremental construction for the Hausdorff Voronoi diagram revisited and extended Li-Hsuan Chen, Sun-Yuan Hsieh, Ling-Ju Hung, and Ralf Klasing The approximability of the p-hub center problem with parameterized triangle inequality Pradeesha Ashok, Aniket Basu Roy, and Sathish Govindarajan Local search strikes again: PTAS for variants of geometric covering and packing Hee-Kap Ahn, Nicola Baraldo, Eunjin Oh, and Francesco Silvestri A time-space trade-off for triangulations of points in the plane 15:40–16:10 COFFEE & TEA BREAK 16:10–17:50 SESSION 5 Mikko Koivisto, Petteri Laakkonen, and Juho Lauri NP-completeness results for partitioning a graph into total dominating sets Congsong Zhang and Yong Gao On the complexity of k-metric antidimension problem and the size of k-antireloving sets in random graphs Alan Carneiro, Fabio Protti, and Uéverton Souza Deletion graph problems based on deadlock resolution SESSION 6 Stanley Fung Optimal online two-way trading with bounded number of transactions Ruta Mehta and Vijay Vazirani An incentive compatible, efficient market for air traffic flow management Maximilian Drees, Matthias Feldotto, Sören Riechers, and Alexander Skopalik Pure Nash equilibria in restricted budget games Zhou Chen, Yukun Cheng, Qi Qi, and Xiang Yan Incentive ratios of a proportional sharing mechanism in resource sharing 18:00–18:30 BUSINESS MEETING (Chair: Gill (Chair: Yot (Chair: HsuAUGUST 4 (FRIDAY) 9:00–10:00 Shang-Hua Teng, Scalable algorithms for data and network analysis 10:00–10:30 COFFEE & TEA BREAK 10:30–12:10 SESSION 7 Alessio Conte, Mamadou Moustapha Kanté, Yota Otachi, Takeaki Uno and Kunihiro Wasa Efficient enumeration of maximal $k$-degenerate subgraphs in a chordal graph Qian Li and Xiaoming Sun On the modulo degree complexity of Boolean functions Gill Barequet, Mira Shalah and Yufei Zheng An improved lower bound on the growth constant of polyiamonds Panagiotis Charalampopoulos, Maxime Crochemore, Costas Iliopoulos, Tomasz Kociumaka, Solon Pissis, Jakub Radoszewski, Wojciech Ry Tomasz Walen Efficient enumeration of non-equivalent squares in partial words with few holes SESSION 8 Edward J. Lee and Serge Gaspers Faster graph coloring in polynomial space Sankardeep Chakraborty and Srinivasa Rao Satti Space-efficient algorithms for maximum cardinality search, stack BFS, queue BFS and applications Aizhong Zhou, Haitao Jiang, Jiong Guo, Haodi Feng, Nan Liu and Binhai Zhu Improved approximation algorithm for the maximum base pair stackings problem in RNA secondary structures prediction Saeed Mehrabi Approximating weighted duo-preservation in comparative genomics 12:10–14:00 LUNCH BREAK 14:00–15:40 SESSION 9 Wei Yu and Zhaohui Liu Better inapproximability bounds and approximation algorithms for min-max tree/cycle/path cover problems Ei Ando and Shuji Kijima An FPTAS for the volume of some V-polytopes --It is hard to compute the volume of the intersection of two cross-polytopes Kuan-Yi Ho, Yi-Jun Chang and Hsu-Chun Yen Unfolding some classes of orthogonal polyhedra of arbitrary genus Sanjib Sadhu, Sasanka Roy, Subhas Nandy and Suchismita Roy Optimal covering and hitting of line segments by two axis-parallel squares SESSION 10 (Chair: Jiann (Chair: Akinori (Chair: Lushe (Chair: Qilo (Chair: Rahnuma Islam Nishat and Sue Whitesides Bend complexity and Hamiltonian cycles in grid graphs Satoshi Tayu and Shuichi Ueno Stable matchings in trees Jian Xu, Soumya Banerjee, and Wenjing Rao The existence of universally agreed fairest semi-matchings in any given bipartite graph 15:40–16:10 COFFEE & TEA BREAK 16:10–17:50 SESSION 11 Prosenjit Bose, Matias Korman, André van Renssen and Sander Verdonschot Constrained routing between non-visible vertices Sumedh Tirodkar and Sundar Vishwanathan Maximum matching on trees in the online preemptive and the incremental dynamic graph models Prajakta Nimbhorkar and Arvind Rameshwar V Dynamic rank-maximal matchings Wenkai Dai Reoptimization of minimum latency problem SESSION 12 Konstantin E. Avrachenkov, Aleksei Yu. Kondratev, and Vladimir V. Mazalov Cooperative game theory approaches for network partitioning Pavla Drazdilova, Jan Konecny, and Milos Kudelkas Chain of influencers: multipartite intra-community ranking Jing (Selena) He, Ying Xie, Tianyu Du, Shouling Ji, and Zhao Li Influence spread in social networks with both positive and negative influences Pavel Krömer and Jana Nowaková Guided genetic algorithm for the influence maximization problem 18:00–22:00 BANQUET (COACHES DEPART AT 18:00 FROM THE CONFERENCE VENUE) AUGUST 5 (SATURDAY) 9:00–10:00 Virginia Vassilevska Williams, Fine-grained complexity of problems in P 10:00–10:30 COFFEE & TEA BREAK 10:30–12:10 SESSION 13 Jérémy Barbay, Pablo Pérez-Lantero and Javiel Rojas Depth distribution in high dimensions (Chair: Hee- (Chair: Dong (Chair: Shang- (Chair: Virginia Vassilevska Vladimir Shenmaier Complexity and algorithms for finding a subset of vectors with the longest sum Mohammad Ghodsi, Hamid Homapour, and Masoud Seddighin Approximate minimum diameter Xuehou Tan and Bo Jiang Simple O(n log ^2 n) algorithms for the planar 2-center problem SESSION 14 Suchi Kumari, Anurag Singh, and Hocine Cherifi Optimal local routing strategies for community structured time varying communication networks Eliska Ochodkova, Sarka Zehnalova, and Milos Kudelka Graph construction based on local representativeness Adam Viktorin, Roman Senkerik, Michal Pluhacek, and Tomas Kadavy SHADE algorithm dynamic analyzed through complex network Siman Zhang and Jiping Zheng An efficient potential member promotion algorithm in social networks via skyline ORGANISER CONTACT [email protected] DEPARTMENT OF COMPUTING THE HONG KONG POLYTECHNIC UNIVERSITY Courtesy easyconferences.eu. (Chair: Pav SPONSO	<urn:uuid:5b67f3ea-2704-49a4-98c8-491278e142da>	CC-MAIN-2025-05	https://anl.sjtu.edu.cn/cocoon2024/file/cocoon/2017.pdf	2025-01-18T18:21:56+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2025-05/subset=warc/part-00297-88b30a59-3c73-48ba-a167-077611bfd245.c000.gz.parquet	83,431,205	2,211	eng_Latn	eng_Latn	0.835881	eng_Latn	0.862158	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1511, 3533, 5419, 7053, 7990 ]
Case Study INDION GS 350 SP CL for removal of PFOA from liquid PTFE process stream. Introduction In the liquid PTFE (Poly Tetra Flouro Ethylene) manufacturing industry, the PFOA (per Flouro Octanoic Acid) is used as a surface active agent. The residual PFOA concentration in the process stream is about 1700 ppm to 2000 ppm. Challenge: 1. PFOA is a carcinogen and hence needs to be removed from the liquid PTFE 2. To reduce PFOA to less than 50 ppm which is the limit as per regulatory norms Solution: The liquid PTFE containing PFOA is allowed to contact with INDION GS 350 SP CL in a stirred tank for reducing the PFOA content. INDION GS 350 SP CL effectively reduces the PFOA content in the liquid PTFE to less than 50 ppm levels. After 18 to 20 hours of contact, the resin is filtered from the liquid PTFE to give liquid PTFE which meets the regulatory norms. Details of batch process: \| Parameters \| INDION GS 350 SP CL \| \|-----------------------------\|---------------------\| \| Resins qty, lit \| 100 to 200 \| \| Volume of liquid PTFE treated, m³ \| 17 - 18 \| \| Residence time, hrs \| 18 - 20 \| Results: \| Parameters \| PFOA, ppm \| \|------------\|-----------\| \| Inlet \| 1700 - 2000 \| \| Outlet \| < 50 \|	<urn:uuid:a796e5f4-858d-4412-96de-bf2373665a43>	CC-MAIN-2019-04	https://www.ionresins.com/downloads/INDION%20GS%20350%20SP%20CL%20for%20removal%20of%20PFOA%20from%20Liquid%20PTFE%20process%20stream.pdf	2019-01-16T06:29:50Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-04/segments/1547583656897.10/warc/CC-MAIN-20190116052151-20190116074151-00147.warc.gz	794,691,007	338	eng_Latn	eng_Latn	0.970804	eng_Latn	0.970804	[ "eng_Latn" ]	false	docling	[ 1291 ]
Nile Basin Initiative Nile Transboundary Environmental Action Project (NTEAP) The Nile Environment A QUARTERLY NEWSLETTER OF NTEAP Volume I11, issue 4 Editorial Editorial T he last quarter of 2006 was indeed a busy one for NTEAP. The high lights of the quarter were the Mid Term Review, the participation in the Nile Basin Development Forum (NBDF), the NBI results based system develpment and the second staff retreat. The mid term review came up with useful recommendations to guide planning and implementation of activities during the remaining life of the project. The next NBDF is to take place in Khartoum and the NTEAP has been tasked to lead the preparations. The second staff retreat exhaustively discussed the 2007 work plan and budget, reviewed project implementation in 2006 and came up with recommendations for further improvement of performance and team work. The quarter also witnessed yet another high level support for the NTEAP activities when the Minister of Land Management, Tourism and Environment of Burundi visited micro grants and schools projects in Burundi. This was the second time in a row and within the same quarter that NTEAP was honoured with high level political support in Burundi. We in NTEAP deeply appreciate the goodwill demonstrated and we pledge to intensify our efforts in 2007. We are also pleased to note that participation of women in NTEAP activities is on the rise as signified by the number of micro grants women beneficiaries in NBI countries, although challenges still exist. We in NTEAP wish all our stakeholders prosperous 2007. Gedion Asfaw, RPM Inside this issue: Minister visits NTEAP micro grants projects 1 Oct – Dec 2006 Minister of Land Management, Tourism & Environment of Burundi, Visits NTEAP Microgrants Projects H .E Odette Kayitesi, the Minister of Land Management, Tourism and Environment of Burundi, , has applauded the NTEAP Micro grants (MG) support to local communities and in particular, women, for environmental interventions and poverty alleviation. This was during her visit to 6 Micro Grants and 2 school projects supported by NTEAP under the Micro grants and Environmental Education and Awareness components respectively, 28-30 November 2006 She was accompanied by the Project Steering Committee Member, the Ministry Communications Officer, the General Director of Forests, Environment and Tourism, National Radio TV journalists, Governors of Provinces where projects are located, Governor's Advisers, Agriculture and Forestry Technicians, Administrators of Districts and Provinces security teams. The Minister exchanged views with beneficiaries who are mostly women on projects implementation, the importance of MG projects in the context of environmental protection and poverty alleviation. She thanked NTEAP for the support and encouraged beneficiaries to continue protecting the environment for the benefit of future generations. The beneficiaries expressed their gratitude to NTEAP for the financial support and to the Minister for sparing time to visit them. In Burundi, MG projects are contributing to the implementation of the national forestry policy as well as water and soil conservation through the production of about 1,650,000 forestry and agro forestry seedlings which will be planted during the launch of 2006 – 2007 forest campaign. NTEAP supports local initiatives in environmental, land and water conservation in 9 countries of the Nile basin through its Micro grants component. NTEAP Holds 2nd Staff Retreat The first retreat was held in September 2005, in Sodero, Ethiopia. Since the last retreat NTEAP implemented national and regional activities with remarkable progress but not free of new challenges. NTEAP staff pose for a photo with the ED T he second NTEAP retreat was held from 18-21 December 2006, at Imperial Resort Hotel, in Entebbe, Uganda. It was attended by all National Project Coordinators, Local Micro Grants Coordinators, Project Management Unit Staff, World Bank, UNDP, Nile Sec and UNOPS and opened by the Shared Vision Program Coordinator and Senior Program Officer, Ms Hamere Wondimu. T he Nile Basin Development Forum (NBDF) 2006 took place from 30th November to 2nd December 2006. The main theme of the forum was the "role of the River Nile in poverty reduction and economic development in the Basin". The Forum held at the United Nations Conference Center was formally opened by H.E Asfaw Dingamo, Minister of Water Resources of with the performance of NTEAP. The Project Steering Committee member commended NTEAP for using the retreat for both planning and team spirit building. Objectives of the second retreat were to further strengthen and consolidate team spirit and enhance communication among NTEAP staff, reflect on progress and challenges during 2006, dis- cuss and finalize the 2007 work plan and budget, discuss the strategies for the remaining project life and also have fun. In concluding the opening remarks, the Regional Project Manager, Mr. Gedion Asfaw said the last retreat was a success, built team spirit, improved performance and made staff to know each other. He paid tribute to the NBI Executive Director, the SVP Coordinator, PSC members, and all development partners and thanked them for their continued support. He also thanked the Minister of State for the Environment Hon. Jessica Eriyo, for honoring NTEAP with a visit during the retreat. In her opening remarks the Shared Vision Program Coordinator (SVP) Ms Hamere Wondimu highlighted the achievements of NBI, and said NBI is proud of the performance of NTEAP. The World Bank, representative at the retreat too expressed happiness The NTEAP work plan and budget was exhaustively discussed and recommendations made for further improving the performance and consolidating the team spirit. Joel Arumadri– KMS The 2006 Nile Basin Development Forum Ethiopia, and attended by Nile Basin Initiative family members and the Nile Basin Secretariat Executive Director, members of the Nile COM (Council of Ministers), as well as representatives of international development partners. About 400 participants from Ethiopia and abroad participated. The opening session was followed by 2 parallel sessions which covered the eight subthemes of the Forum. The forum was sponsored by the Ministry of Water Resources of Ethiopia and the Nile Basin Initiative and it attracted national governments, regional and metropolitan development planners, water managers and administrators, researchers and practitioners dealing with Integrated Water Resources Management and representatives of international organizations. The main objective of the Nile Development Forum 2006 was to create and promote awareness on the Nile Basin Initiative among the international communities, decision makers and their policy advisors of the benefits of good practices in the utilization and management of the Nile River. Specific objectives of the Nile Basin Development Forum (NBDF) 2006 were; to bring together experts and scholars from all the Nile Basin counties to exchange views and ideas on how to foster cooperation for the Nile Basin Development, discuss how efficient water resources management can help the development in the Basin, and to discuss the effect of climate change on the development in the basin. The 2008 forum is expected to take place in Khartoum, Sudan, and NTEAP is to take the lead role in the preparations. Joel Arumadri– KMS MTR Recommends One Year Extension of NTEAP Project Review Team and Project Staff outside NTEAP offices T he Nile transboundary Environmental Action Project (NTEAP) conducted a mid term review (MTR) from 10th October to 19th November 2006.The MTR was intended to diagnose the challenges faced by the pro- ject and suggest actions that will increase value and impact of the project outputs and propose corrective measures that will ensure achievement of project objectives. It was also a learning process for the project team and the beneficiaries since the review attempted to determine in systematic and objective manner the relevance, efficiency, effectiveness, impact and sustainability of the project's activities and outputs in light of the pro- ject's objectives. The review was undertaken in close collaboration with the project staff and the project's stakeholders in all the countries and it looked at the project design assumptions, outcomes and indicators, and provided recommendations on the sustainability and continuity of the institutions and networks. Among other recommendations, the team recommended the extension of the project duration until 2009, taking into account the one year delay in commencement of the project activities, and recognizing the heightened delivery of project activities. The MTR was done by a team of highly experienced and qualified consultants lead by Dr. Stanislaw Manikowski and members included Mr. Tim Hannan, Management Expert, Prof. Hassan Abdel Nour, Community Development Expert and Dr. Tarek Genena, water Quality Management expert. Joel Arumadri– KMS NTEAP a Role Model of Gender Balancing in Egypt in the second half of December where 6 female farmers were trained, although farming and irrigation is a male dominated occupation in Egypt. N TEAP is a role model for gender equality in Egypt. Although the project is cautious to follow an equal opportunities principle where people are selected on merit and competency, rather than merely sex, examining the gender segregation for the different stakeholders and beneficiaries of the project reveals that gender balance has been achieved. The National Project Coordinator is a female who was competitively selected. The journalists national training conducted during 4-7 December 2006 attracted two female trainers out of 3; and 12 out 16 participants were females. Similarly, 8 out of 17 trainees for the national teachers training were females, including 2 out of 3 train- ers. In the Nile River 2006 school awards competition, 21 out of 30 winners were females. Even where there is men domination culturally, NTEAP has been able to reach women. A case in point is the community farmers training conducted At the national level, over the past couple of decades, Egypt has witnessed a great narrowing in its gender gap. On the one hand this is a result of government efforts through establishment of various gender friendly policies including the National Council for Women, the National Council for Mother and Childhood, the family courts etc. On the other hand was the boom in national literacy rates which naturally lead to increased community awareness and respect of female's rights and enhancing their access to services, jobs, education etc. Ithar Khalil—NPC Egypt THE RIVER OF SORROWS: The Environmental Status of the River Nile «I did not pollute the waters of the Nile» is one of the pleas that the deceased intoned during the Judgment of the Dead. Thus, in the days of the pharaohs to pollute the Nile was considered a sin. Today, Hapy (the name that the pharaohs gave the Nile, once revered like a god) endures all kinds of pollution. in the volume of waste entering the Nile. organic, chemical and microbiological elements present in water on a regular basis» declares Hussein Al-Atfi, spokesperson for the Ministry of Irrigation. The pollution of Egypt's main source of drinking water has caused an increase in the number of people suffering from kidney failure. Official data show that 90.000 Egyptians die annually from diseases linked to environmental pollution. It's no secret that the Nile has gradually become a huge rubbish dump for Egypt, as for other countries of its basin. Egyptians pour all kinds of wastewater into it, from industrial, agricultural or sanitary sources, on top of solid wastes of every sort. The situation is serious. The data speaks volumes. According to research carried out by Dr Magdi Allam, environmental expert and former officer in charge at the Egyptian Agency for Environmental Affairs (AEAE), the volume of raw sewage and partially treated waste water entering the Nile every year is around 1.8 billion m 3 . The sewage essentially originates from the 4,200 villages situated along the river bank that stretches for 1,300 km. According to Dr Allam the sewarage network is sufficient to cover only 77% of towns and 5% of villages. The rest is discharged into the Nile. The problem was further exacerbated when the government started extending the clean water system to other towns without proportionally widening the sewerage network. However, the most serious problem is the discharge of industrial wastes. Every year the river receives 549 million m 3 of industrial waste, 40% of which (220 million m 3 ) comes from the industries of Greater Cairo and Alexandria. The Ministry of the Environment, under the former Minister Dr Nadia Makram Ebeid, managed to assist 34 industries in changing their production methods. The change meant a 100 million m 3 decrease Where industrial waste is concerned, according to the AEAE, the food and chemical industries are respectively responsible for the major inputs of organic pollutants (388 million tons per year) and of heavy metals (1.65 million tons per year) into the river. Among the other sources of pollution in the Nile is agricultural run-off that ends directly into the river and that amounts to 12.2 billion m 3 per year. Not to mention the 919 fishing boats which employ 7.463 fishermen and that discharge their wastes directly into river waters. That isn't all. The list is still very long. The 270 cruise ships that sail the Nile are a true threat for its waters. Almost 50% of these ships discharge their wastes untreated «A cruise ship can produce up to 120.000 litres of waste water per day and can empty its raw sewage directly into the Nile», stresses Mahmoud Al-Qayssouni, an expert in tourism and the environment. The matter is extremely complicated. Despite the fact that a number of regulations exist declaring that all forms of pollution of the Nile are illegal, these laws are not respected or enforced. Furthermore, due to the lack of adequate environmental awareness, Egyptians are often oblivious of their negative impact on the river, which ironically provides them with 95% of their drinking water. In the attempt to find solutions to this regrettable state, the Ministry of Irrigation and Hydraulic resources is presently revising the articles of law 48 of 1982 and of law 12 of 1984 regarding the Nile, and proposing crucial changes that will render these laws more effective and able to counter the multiple violations suffered by the Nile. Furthermore, this Ministry will be able to count on the national monitoring and surveillance network for water quality. «We have 290 measuring sites for surface water and 200 surveillance points for ground water. Through our network we are able to measure all The Ministry of the Environment, on the other hand, is trying to solve the problem from land, and has built 5 stations for the collection of liquid wastes from cruise ships, as well as helping 257 cruise ships to establish their own units for sewage treatment at these locations. In addition, the Nile Transboundary Environmental Action Project of Nile Basin Initiative (NBI), a program assisted by Canada, the Netherlands, GEF, UNDP and the World Bank, is trying, through a number of projects, to raise the awareness of the populations living in the basin to help them change their destructive behaviour towards river waters. « Most of our efforts are spent educating school children, to get them used to respecting the environment in general and the Nile in particular», states Dr Ithar Khalil, National Coordinator of the Nile Transboundary Environmental Action Project. She also adds that school programmes, as well as the media, are key words for raising awareness. « Through our project we train journalists to deal with environmental issues to capture the attention of the readers», claims Dr Ithar. Efforts are thus being made to eradicate violations against the Nile, especially after the alarm sounded by the experts, who declared that by 2025 there will be severe water problems in three of the countries situated in the Nile river basin: Egypt, Sudan and Kenya. These countries risk living below the water poverty threshold. The truth is undeniable: water is limited. At least let it not be polluted. Dalia Abdel-Salam, Member NTEAP Environmental Journalists Network Sudan Wetlands Listed in RAMSAR as a sponge and soaking up excess water. They also slow down water flow, giving flood waters more time to C onservation efforts aiming at preserving one of Nile Basin's most important wetlands received a The Wetlands in the Nile Basin are threatened by drainage for (for agriculture, construction) filling, dredging major boost as the Sudd region in southern Sudan was included in the Ramsar Convention List of Wetlands of International Importance. The Sudd supports a rich animal diversity including hundreds of migratory birds. The government of Sudan received the Ramsar certificate on 30th October 2006, at an award and environmental workshop event co- sponsored by the Nile Environmental Action Project (NTEAP) of the Nile Basin Initiative held at the regional capital Juba. The workshop was opened by H.E Riak Machara, the Vice President of the Government of Southern Sudan. The event, which continued until 2nd November, is one the first events of its kind for the new government. and stream chanalisation (for navigation and flood protection), hydrological alteration (for canals, roads), ground water abstraction, siltation and discharges of pesticides, herbicides and sewage. All these reduce the value and productivity of wetlands. recede and provide habitat for many species. Wetlands also improve water quality as the vegetation slows down the flow of water and allows materials and sediments to drop to the bottom. The sediments create environmental problems when it enters the water bodies. Fish depend on wetlands to spawn, and migrating birds use wetlands as a resting place between flights and wetlands support livelihoods through fishing, hunting, energy supplies, brick making etc and recreation. NTEAP through its Wetlands and Biodiversity Conservation component seeks to improve the understanding and awareness of the role of wetlands in sustainable development. The project also strives to improve management at selected sites and cross boarder protected areas. Knowledge transfer and capacity building in wetlands management is to be achieved through networks, in depth ecological and economic studies of key wetlands of transboundary significance in the region and training. Wetlands are extremely valuable resources. They control floods by acting Joel Arumadri– KMS Nile RAK ( t he Nile River Awareness Tool Kit ) Presented at the Tiger Workshop Ltd. was presented by the NTEAP Knowledge management Specialist at the Tiger Workshop, held from 20-21st November 2006, Cape Town, S.Africa. T he Nile RAK, a multimedia environmental education and awareness CD ROM produced by NTEAP with financial support from the Canadian Space Agency (CSA), under the Tiger Initiative, through the Hatfield Consultants related problems and to bridge Africa's water information gap using satellite data. The tool kit, which attracted a lot of interest, is designed to promote the sustainable management and use of the environmental resources within the Nile basin. Earth observation applications (satellite data, training modules and maps are integral components of the project and provide decision makers with improved capability to understand and manage the environment within the basin. The Tiger Initiative is a response from the European Space Agency to the WSSD (World Summit on Sustainable Development) as a contribution to assist African countries to overcome water The Nile RAK was funded under this arrangement to bridge the water information gap and Hatfield Consultants provided the technical support in partnership with Strata 360 and FAO. The Gold version (in English) of the tool kit was released in November 2006 and over 100 copies were distributed at the workshop. The French version has been finalized and it is expected to be launched during the Nile Day celebrations in Kigali. A web version is to be developed in due course. Joel Arumadri-KMS Women ' s Forum for the Nile to be formed. zations and the media continue to mobilize women to participate in all NBI activities. short visit by the Nile COM Chair, the Minister of Land Management, Tourism and Environment of Burundi, H.E Odette Kayitesi. Opening session of the NBI gender workshop This declaration was made at the regional forum organized by the Confidence Building T he women of the Nile Basin countries have made a commitment to form a women's forum to work closely with the Nile Basin Initiative (NBI) to lobby for the development of a gender policy and implementation that will ensure women's representation and equal participation in all programmes and organs of the NBI, including equal representation of women and men at the formation of the Nile Basin Commission. The forum will ensure strong collaboration and cooperation with all the women in the Nile Basin to ensure regular interaction and to monitor and evaluate the progress and impact of the NBI projects on women at local, national, sub regional and regional levels. It will also ensure that that Civil Society Organi- and Stakeholder Involvement (CBSI) Project of NBI, in Addis Ababa, dur- Effective involvement of women and realization of their high potential contribution to Nile Basin conservation and development has been a rising concern for the Nile basin Initiative. The NBI and its auxiliary organizations and projects are aware that unless conscious measures are NBI gender workshop participants with the state minister of water resources of Ethiopia ing the period 27-29 November 2006. The forum, which was organized under the title, "The Women of NBI, Women in NBI", was indeed conceived as major contribution to the wider Gender Main Streaming Strategy that currently the NBI is embarking on. It was attended by 60 women from all over the nine Nile Basin countries, representing a wide range of women groups, ranging from policy makers, NGOs, private sector, research, to media and other civil soci- taken to fully incorporate women in the Nile development process, their issues and interest will be overlooked. ety groups. The Opening Session of the Forum was addressed by His Excellency Mr. Adugna Jebessa, the Minister of State Minister of the Ministry of Water Resources in Ethiopia and the NBI Executive Director Mr. Audace Ndayizaye. The Meeting was also graced with a The meeting agreed that the NBI, as an organization, also has to address gender mainstreaming in its recruitment, personnel policies and procedures. The meeting came up with a number of important recommendations which were discussed and handed to NBI Executive Director and SVP project managers who attended the closing of the meeting. Intisar Salih, M&E Lead Specialist Women and Micro-grants awards at least 10% of its resources to women NGOS and CBOS. This is over and above the funds awarded to NGOS to undertake activities that address both men and women within a community. This indicator (10%) was established during the formulation stage of the NTEAP to ensure that marginalized groups specially he T that they deserve. Today more than 20% of the total US$ 2.6 Million in projects funded by Microgrants have been earmarked for women NGOS. Moreover, efforts are being exerted to ensure that the issue of Gender is mainstreamed into all of the MG Project activities, so as to avoid assigning women marginal activities that do not provide them with economic leverage. The coming years of the project will witness intense efforts in this regards including the appointing of more women in the National Steering Committees that review and approve Micro-grant s Projects. Micro-grants Program women receive the due attention Amir Baker- Micro-grants Lead Specialist Experiences of the Beneficiaries of NTEAP Students Exchange Program STUDENT EXCHANGE EXPRIENCE Martin Esakina Safu St. Mary's Kibabii Boys High School Bungoma Kenya From the residents of the areas we visited, I learnt that we have a lot to teach and learn from our local communities. The trip exposed us socially, since we interacted with various people with different cultures and disciplines. I wish to pass my sincere gratitude on behalf of the Environment Club for enabling us to travel to Tanzania and Isebania. The club is a highly populated club compared to other clubs in the school. The increased enrolment is due to support from NTEAP. During the student exchange activity, I learnt that firewood provides 10% of the world's total energy consumption. Approximately half of the people in the world use wood or charcoal for cooking. Although trees are renewable resources, the global use of firewood is unsustainable. Natural forests are therefore being destroyed and this leads to creation of deserts. A solution was demonstrated at Siria High School who have started a renewable energy source - biogas. This trip has increased and firmed up my commitment to fight environmental depletion and join international efforts to Promote renewable energy sources, protect rain forests and plant trees, conserve energy and store water. TREES AND FOREST Anne Kerubo Siria high School – Kenya Trees and forests provide a lot; they provide a lot, all over the world , Forest means food, fruits and nuts for people, Leaves for animals, Forests make great homes, for people and animals, Purify the air for all the living, Forests have a lot to offer, they are important to us, Now it's our turn to give back WHAT I LEARNT FROM THE NTEAP STUDENTS EXCHANGE Michael Omollo Onyango Siria high School During the participation in the Nile Basin Environmental Action Projects student exchange between Kenya and Tanzania, I enjoyed the trip itself, the environment and the clean ups. I learnt that international action is needed to protect forests and to plant trees with shallow roots to reduce excessive water absorption in water catchments areas, together with maintaining cleanliness around settlement and institutional areas I also learnt the importance of encouraging community participation in conservation and management of natural resources, particularly rivers and lakes because they are sources of water for domestic and industrial use, irrigation, sources of fish, tourist attractions and good boundaries for countries, provinces and villages. Forests are sources of income, building materials, beauty and home for wild animals. NILE BASIN INITIATIVE NILE TRANSBOUNDARY ENVIRONMENTAL ACTION PROJECT Al Jamhuria Street House No. 2, Plot 15 P. O. Box 2891 Phone: 249-183-784206/26 Fax: 249-183-784248 Email: [email protected] Visit us at: www.nileteap.org Editorial Committee Gedion Asfaw, Chair Joel Arumadri Editor member Amir Baker, member Intisar Salih, member John Omwenga, Maushe Kidundo,member Mohammed Rahim, layout and publishing assistant Putting the Shared Vision into Action Please send your articles / com- The Editor ments to Nile Environment at A National Plan for Environmental Management for the Sudan in offing resources together to establish a national forum for highlighting national and regional environmental issues facing Sudan and to encourage technical discussion and public debate on these issues in order to prepare an Environmental Management Plan for Post Conflict Sudan that illustrates the shared vision of all partners and highlights important and priority actions. From left to right: H.E Theresa Siricio, Vice President Dr. Riak Machara. and H.E James Loro T he Comprehensive Peace Agreement (CPA) has not only ended Africa's longest civil war, but has ushered in new opportunities for national reconciliation, healing, reconstruction and development. In this context, the Higher Council for Environment and Natural Resources (HCENR), and the Ministry of Environment and Physical Development (MEPD) in collaboration with the federal line ministries of the Government of National Unity (GONU) and the Ministry of Environment, Wildlife Conservation and Tourism (MEWCT) of the Government of the Southern Sudan (GoSS) are preparing a National Plan for Environmental Management (NPEM). The plan is sponsored by the Nile Trans-boundary Environment Action Project (NTEAP), United Nations Environment Program (UNEP) and the European Commission (EC). The approach is based ion bringing institutions concerned with environment and natural [email protected] Upcoming events 12-14 January– 4th NTEAP Steering Committee 18-19th January- EWUAP Project Steering Committee meeting, Nairobi, Kenya. 15-17th January– 4th RPTP Project Steering Committee meeting. 20-21st January- ENPT Project Steering Committee meeting, Khartoum Sudan. 15-17th January- WRPM Project Steering Committee meeting. Nairobi, Kenya. 7-8th February- CBSI Project Steering Committee meeting, Entebbe, Uganda.. Opinions expressed in this newsletter are not necessarily the views of the NBI, its member countries or partners. The second preparatory workshop took place in Juba during 31 Oct- 2 November 2006 where the main environmental issues and an outline for the National Plan for Environmental Management were presented. The Vice president of the Government of Southern Sudan opened the workshop and speeches were made by the Minister of Environment, Wildlife Conservation and Tourism GoSS, and the State Minister of Environment and Physical Development GoNU; the representatives from EC, UNEP and NTEAP and HCENR. Other participants came from Uganda, Kenya, Switzerland and USA. The first workshop was convened in Khartoum during 18- 20/07/06 where the process was mapped and major environmental issues discussed and broad recommendations for addressing the identified issues provided. A National Plan for Environmental Management for the country is expected by February 2007. Susan Ayot, Izzat Mirghani Coordinators, NPEM 8-9th February– Opening conference of Nile basin research programme, Bergen, Norway. 22 February– Nile day	<urn:uuid:4486b9d6-9188-4d1f-881f-f1a117988430>	CC-MAIN-2019-22	https://iwlearn.net/resolveuid/4af435f64bc6f7998d13f7719f83b433	2019-05-19T10:51:34Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-22/segments/1558232254751.58/warc/CC-MAIN-20190519101512-20190519123512-00227.warc.gz	508,063,686	6,199	eng_Latn	eng_Latn	0.991219	eng_Latn	0.995701	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 3526, 7490, 10780, 16534, 20471, 23233, 26889, 30431 ]
When Do Research Consortia Work Well and Why? Evidence from Japanese Panel Data By Lee G. Branstetter and Mariko Sakakibara* We examine the impact of a large number of Japanese government-sponsored research consortia on the research productivity of participating firms by measuring their patenting in the targeted technologies before, during, and after participation. Consistent with the predictions of the theoretical literature on research consortia, we find consortium outcomes are positively associated with the level of potential R&D spillovers within the consortium and (weakly) negatively associated with the degree of product market competition among consortium members. Furthermore, our evidence suggests that consortia are most effective when they focus on basic research. (JEL O32, O31, L52) If technological innovation is the most important force driving economic growth in the long run, then public policies designed to promote and encourage technological innovation take on substantial importance. This paper investigates the impact of Japan’s decades-old experiment with one such policy instrument: publicly organized and supported research consortia. There is a longstanding debate concerning the role these consortia have played in Japan’s technological development. This debate has implications beyond Japan’s borders, because Japanese research consortia have been and continue to be emulated by nations in Europe, North America, and elsewhere in Asia. Following A. Michael Spence (1984), a large theoretical literature has developed over the last 15 years that has analyzed the possible benefits of research consortia as tools by which R&D externalities could be internalized. Important contributions include Michael L. Katz (1986), Claude d’Aspremont and Alexis Jacquemin (1988), Morton I. Kamien et al. (1992), Kotaro Suzumura (1992), Dermot Leahy and J. Peter Neary (1997), Yannis Katsoulacos and David Ulph (1998), and Kamien and Israel Zang (2000), among others. Much of this theoretical literature has sought to identify the conditions under which consortia are likely to lead to welfare-improving outcomes. Up to this point, however, little has been done to confront the empirical predictions or implications of this literature with data in a systematic way.¹ In this ¹ Though there has been empirical work on research consortia, it has tended to be qualitative or descriptive rather than econometric (e.g., Scott Callon, 1995; Rose Marie Ham and David C. Mowery, 1995). Much of the past econometric work has focused on a single research consortium, such as in Douglas A. Irwin and Peter J. Klenow (1996). We know of no econometric studies that have attempted to directly assess the paper, we seek to address this gap between theory and empirical analysis. While we will not directly test the propositions of these theoretical models, we will assess the empirical importance of consortium attributes emphasized by these models in explaining consortium performance. We examine the impact of a large number of Japanese government-sponsored research consortia on the research productivity of participating firms by measuring their patenting in the targeted technologies before, during, and after participation. Among the empirical challenges we confront, the sample-selection problem—only firms with strong R&D capabilities participate in consortia—is probably the single greatest econometric problem facing any analysis seeking to measure the impact of government support on commercial R&D activity (Tor J. Klette et al., 2000). Our rich data set enables us to examine the impact of consortia at several different levels of aggregation, so that we can address issues of sample selection, causality, and the unmeasured heterogeneity of participating firms. Consistent with the predictions of much of the theoretical literature, we find that consortium outcomes are positively associated with the level of potential R&D spillovers within the consortium and generally negatively associated with the degree of product market competition among consortium members, though this latter relationship is less statistically robust. Furthermore, our evidence suggests that these consortia are most effective when they focus on basic research. After we summarize the empirical implications of the theoretical literature in Section I, we provide in Section II background information on government-sponsored research consortia in Japan. Section III analyzes the overall impact of research consortia over time. Section IV examines the relationship between consortium characteristics and consortium outcomes. Section V concludes the paper. I. Theoretical Predictions and Empirical Propositions For concreteness, we review the empirical implications of one important early contribution to the theoretical literature—the work of Katz (1986). However, these implications also emerge from the other key papers in this theoretical literature. In Katz’s model, the welfare impact of research consortia depends on the values of two key attributes. The first of these is the level of R&D spillovers within a consortium. In this model, the “effective” R&D of a firm is the sum of its own R&D expenditure and the R&D spillovers it receives through participation in a research consortium.$^2$ Through these R&D spillovers, firms can realize cost reductions (the “output” of R&D) above and beyond what they could obtain if they had to rely solely on their own R&D expenditures.$^3$ In general, the greater the potential level of R&D spillovers within consortia, the greater the equilibrium level of R&D expenditure by member firms. However, Katz points out that under certain conditions, R&D consortia can be welfare enhancing—even when they reduce the actual level of R&D expenditure—because the effective level of R&D (and therefore, R&D output) is raised through spillovers. Higher levels of effective R&D lead directly to higher levels of welfare since, in these models, R&D reduces production costs, increases output, and lowers prices. The second key attribute is the level of ex post product market competition among the firms participating in the research consortium. Some—perhaps all—of the private benefits of cooperative R&D, in terms of raising firm profits, could be dissipated through product market competition. When the level of product market competition among participating firms is intense, the gain in profits to a single participating firm through reduced production costs is negated by the accompanying fall in the costs of --- $^2$ It is useful to emphasize that consortia have effects on both R&D input (the actual resources expended by the participating firms) and R&D output (the results of that expenditure). $^3$ While Katz only considers the case in which R&D spillovers are “substitutes” for own-firm R&D, we allow for the possibility of technological complementarity. In such a case, the R&D activities of other firms could actually raise the productivity of the firm’s own R&D expenditure. The work of Richard C. Levin and Peter C. Reiss (1988), Wesley M. Cohen and Daniel A. Levinthal (1989), and Kamien and Zang (2000), suggests that this kind of spillover expands the range of equilibria under which consortia are welfare enhancing. its rivals. In this case, the principal effect of cooperative research is to lower the product price and raise consumer surplus, not profits. Anticipating this outcome, firms will seek to set lower levels of R&D in the cooperative “consortium” stage than would obtain in an equilibrium without research consortia. Ceteris paribus, a greater level of competition reduces the effective level of R&D input, and thus reduces R&D output, leading to a decrease in welfare.$^4$ The net impact of R&D consortia will depend, in a critical way, on the values of these two key attributes. The key innovation of our paper is that we provide quantitative measures of these attributes for individual research consortia. Thus, we can empirically estimate the impact of these attributes on the R&D output of the participating firms in linear and nonlinear regression models, controlling for R&D input. Following a line of argument similar to Katz, we presume an increase in research output leads to increased social welfare. II. R&D Consortia in Japan The empirical analysis in this paper uses data on all company-to-company cooperative R&D projects formed with a degree of government involvement from 1980 through 1992. This data set was collected from each ministry through direct contacts after examining a wide range of government white papers and other government publications, and is as close as possible to an exhaustive list of all the government-sponsored R&D consortia in Japan during that time period.$^6$ In general, Japanese R&D consortia involved some government subsidization of consortia R&D expenditures, lowering the effective cost of R&D. Secondly, the government generally sought (not always successfully) to encourage complete dissemination of all research results to the participating firms. Furthermore, in selecting participants for consortia formed since the early 1980’s, the government generally sought to bring together firms with complementary research assets.$^7$ This implies the level of intra-consortium spillover could be quite high. Consortia often brought together firms that were not direct rivals in the product market, and they often targeted markets where Japanese firms played a small role in global production and trade. Both factors worked to minimize the potential negative effects of R&D consortia on industry profits. Finally, prior to 1990, many if not most of the patents that directly emerged from the research undertaken within government-sponsored research consortia were, by government directive, assigned not to the participating firms but to the research consortia themselves.$^8$ We obtained data on the patents assigned to these consortia as well as those assigned to participants. III. Estimating the Overall Time Path of Benefits from Research Consortia A. Measurement of Consortium Outcomes Before investigating the relationship between consortium characteristics and consortium outcomes, we first identify the overall impact of research consortia on participating firms’ research output and the time path of that impact. In Katz’s model, the only “output” of a successful R&D project is a reduction in the marginal production costs of firms. Because of the long, variable lags involved in converting a research advance into a process improvement (or a new product), it is practically impossible to measure the effect of R&D consortia on marginal cost with any degree of accuracy, particularly when the participating firms are large, multiproduct firms and the consortia each target only a small part of the firms’ product/technology portfolios. Patents provide a more direct and easily measured index of the innovative output associated with research consortia. We assume Japanese firms patent a fraction of their economically --- $^4$ Following Spence (1984), if one thinks of a product as the services it delivers to the consumer, and R&D reduces the cost of delivering those services, then “product-innovation” R&D could be modeled in the same way as “cost-reducing” R&D. $^5$ We note that this section draws heavily from Branstetter and Sakakibara (1998). $^6$ The data on consortia were originally prepared for Can Japan Compete? by Michael E. Porter et al. (2000). For further details on construction of these data, see Sakakibara (1997a, b). $^7$ Our analysis focuses on consortia formed between 1980 and 1992. $^8$ This policy clearly creates both a moral hazard problem and a measurement problem. We consider both in subsequent sections of the paper. useful innovations, though this fraction can be allowed to vary across firms and industries. Provided this assumption is correct, the ultimate impact of a consortium on its members’ innovation can be measured by looking at the increase in patenting in the targeted technologies registered by the participating firms during and after the consortium.$^9$ B. Data For every consortium, we know which firms participated, the total R&D budget of the consortium, the government’s contribution, the consortium’s duration, and its technological goals. With the aid of the Japanese Patent Office, we have been able to construct a mapping from the description of the consortium goals in the official program documentation to codes or groups of codes in the International Patent Classification system. This mapping allows us to measure the patenting of consortium firms in the targeted technologies.$^10$ When we aggregate across participating firms within a consortium, such that the consortium itself is the unit of analysis, we can add to our output measure the patents taken out in the name of the consortium itself. In addition to information on firms’ patenting in the targeted classes in Japan, we have also constructed measures of firms’ patenting in the targeted classes \textit{in the United States}. Having this alternative patent series provides us with a useful robustness check. In taking out a patent in the United States, a Japanese firm has to translate the patent application and reformat it in a way that conforms to the very different requirements and procedures of the U.S. patent system. Interviews with Japanese firms and empirical evidence suggest Japanese firms will only go through this additional trouble for the ideas that they perceive, at least \textit{ex ante}, to have the most promise.$^11$ Thus, the U.S. patent series provide us with a “quality-adjusted” stream of patents.$^12$ Sample statistics of the data used for our empirical analyses are presented in Table 1. This gives data on the cross section of consortia.$^13$ Matching the consortium data to firm-level data yields usable data on about 145 consortia. As the standard deviations for each variable make clear, there is substantial heterogeneity across consortia in terms of the mix of participants, their preexisting technological strengths in the targeted areas, and the total resources expended on the consortium. Data on R&D spending, patenting, and most other variables for participating firms are available from 1980 through 1994. C. Overall Time Path of Impact If R&D consortia were “successful,” in that they stimulated or enhanced research productivity, then, controlling for research inputs and preexisting technological strength, we should observe a consortium-induced increase in patenting in the targeted area. However, unless we can compare \textit{ex post} trends in the patenting of participating firms to those of similar firms that did not participate, it is difficult to get around the sample-selection problem identified in the introduction. Fortunately, our data set allows us to break up the individual consortium into the participating firms. For most consortia, these participating firms can be matched to a broadly comparable set of nonparticipants. This disaggregation allows us, at least in principle, to take --- $^9$ There are obvious issues of causal inference that later sections will address. Note that survey evidence presented by Akira Goto and Akiya Nagata (1997) suggests that Japanese firms patent a substantial fraction of their \textit{process} innovations as well as their product innovations. $^10$ It is important to point out that our mapping from the technological goals of a consortium to the related patent classes almost certainly captures innovations that were related to but not necessarily part of the actual goals of the consortium. This is useful in that it allows participation in a consortium to have a positive impact on R&D in related fields. It is potentially problematic in that it may systematically overstate the actual innovative output resulting from a given consortium. However, if we find an increase in patenting in the classes related to a consortium at precisely the time a consortium is being undertaken, then it is likely that this increase may be driven—at least in part—by the consortium. $^11$ Furthermore, whereas our Japanese data are based on patent applications, our U.S. data are based on patent grants (dated by year of application)—that is, applications that have been judged by the U.S. patent office to be sufficiently innovative to merit a patent grant. Data sources are discussed in the Data Appendix. $^12$ Rebecca Henderson and Iain Cockburn (1996) have also used patents taken out in multiple countries as a “quality-adjusted” measure of innovative output. $^13$ We emphasize that these sample statistics are drawn from only one of several alternative “cuts” of the data employed in this paper. ### Table 1—Summary Statistics \| Variable Name \| Description \| Number of Observations \| Mean \| Standard Deviation \| Minimum \| Maximum \| \|--------------------------------\|-----------------------------------------------------------------------------\|------------------------\|--------\|--------------------\|---------\|---------\| \| Project patenting \| Number of patent applications by consortium $i$ and member firms in the targeted technology class \| 178 \| 12,750 \| 28,604 \| 0 \| 151,871 \| \| Total patents \| Number of patent applications by all firms in Japan in the targeted technology class \| 178 \| 54,589 \| 76,063 \| 218 \| 313,486 \| \| Total U.S. patents \| Number of U.S. patent grants in targeted classes \| 178 \| 333.7 \| 720.2 \| 0 \| 4,265 \| \| Real budget \| Total consortia budget for consortium $i$ in 1990 million yen \| 178 \| 9,553 \| 22,657 \| 131 \| 264,753 \| \| Pre-project patents \| Five-year average patenting in the targeted classes by consortium $i$ participants prior to the start of a consortium \| 171 \| 1,208 \| 2,477 \| 0 \| 14,855 \| \| Real indirect inputs \| Inputs to consortium $i$ spilling over from other overlapping consortia, in 1990 million yen \| 178 \| 18,059 \| 31,372 \| 0 \| 184,223 \| \| Starting year of project \| \| 178 \| 86.3 \| 3.56 \| 80 \| 92 \| \| Technological proximity \| Distance in technological space between two firms, averaged for all pairs in consortium $i$ \| 156 \| 0.473 \| 0.211 \| 0 \| 0.981 \| \| Product market proximity \| Number of meetings between two firms in product markets, divided by the number of markets in which a firm is active, averaged for all firms in consortium $i$ \| 152 \| 0.169 \| 0.169 \| 0 \| 0.7702 \| \| Basic technological orientation\| Likert scale variable, averaged across participants in consortium $i$, measuring degree to which consortium research was basic research \| 53 \| 3.15 \| 0.537 \| 2 \| 4.67 \| \| Centralization of organization \| Likert scale variable measuring degree to which consortium research was centralized \| 53 \| 2.54 \| 0.634 \| 1.5 \| 4 \| \| Industry mix \| Likert scale variable measuring degree of diversity in industry mix \| 53 \| 3.20 \| 0.553 \| 1.9 \| 4.5 \| --- a “difference-in-differences” approach to the data.$^{14}$ $^{14}$ Along with these advantages of disaggregation come two very important disadvantages. First, we cannot apportion the patents taken out in the name of the consortium to the individual firms, which means we cannot fully capture the innovative output of consortia at this level. Second, we do not have perfect information on how government subsidies or the participating firms’ total private contributions to the consortium research effort were divided across firms and years. This means firms’ R&D inputs are, at best, measured with considerable error. Because these measurement problems are slightly less problematic when one aggregates across the firms in a given consortium, we also experimented with regression analysis at the consortium level of aggregation. Some results from this level of aggregation will be presented in this paper, for comparison purposes. the patents taken out in the targeted area(s) by each participating firm in the years prior to, during, and after the joint research project undertaken by the consortium.\textsuperscript{15} These annual patent counts are then regressed on a number of explanatory variables.\textsuperscript{16} \textit{Real budget} represents our estimate of the total research resources—private funds and public subsidies—expended by firm $i$ in consortium $j$ in year $t$ on the technologies targeted by that consortium. Unless otherwise specified, this variable and all other measures of research inputs are measured in logs, in order to obtain regression coefficients with an elasticity interpretation. \textit{Pre-project patents} denote the average patenting by firm $i$ in the technology classes targeted by consortium $j$ prior to the start of that consortium, with the average taken over a five-year window prior to the official start date of the consortium. This variable is included to control for the preexisting technological strengths of consortium participants in the targeted classes. \textit{Real indirect inputs} give our best estimate of the resources that may have “seeped in” to the inputs of firm $i$ as a consequence of its participation in overlapping consortia (that is, other consortia whose technological goals overlap with those of consortium $j$) in year $t$.\textsuperscript{17} Note that here, and throughout the paper, $t$ is measured with respect to the inception of consortium $j$, rather than “calendar time.” A skeptical view of research consortia would be that any positive impact on the innovative output of participating firms is produced entirely by the resources, public and private, expended on the project. If we find an increase in research output that remains even after controlling for consortium-related increases in R&D inputs, then this would constitute evidence that consortia actually enhance research productivity. We test for such an increase by estimating a set of dummy variables to capture the change in patenting associated with the individual years after the inception of the consortium. For instance, in our basic specification, \textit{year 0 dummy} represents a dummy variable that takes a value of 1 in the year of the inception of the consortium, and 0 otherwise. Other dummy variables correspond to lags of set length after the inception of the consortium.\textsuperscript{18} A more complete exploitation of the information provided by our “control” (that is, nonparticipating) firms would require a modification to this approach in which we estimate \textit{two} “time paths” using two sets of dummy variables. The first set of year dummy variables captures the changes over time in patenting in the targeted technologies that are common to Japan’s technologically elite firms, both participants and nonparticipants.\textsuperscript{19} If consortia are only created in “hot” technological areas, in which there would have been an increase in patenting even in the absence of the consortia, then this first set of year dummy variables will capture that effect. The second set of year dummy variables captures those changes that are unique to participating firms. If \textit{these} year dummy variables are significantly different than zero, then that would suggest participation in consortia has a positive impact on the research outcomes of participating firms. \textbf{D. Results at the Firm-Consortium Level} For comparison purposes, column (1) of Table 2 provides the results of a regression of the initial specification on data aggregated up to the consortium level. Column (1) reports results from a linear specification, using the log of \textsuperscript{15} We thank Adam Jaffe for this suggestion. \textsuperscript{16} In estimating linear regression models, we confront the problem that a number of observations of our dependent variable (and some observations of our independent variables) have values of zero. To avoid the problem of taking the log of zero, we first add “1” to each observation. This transformation is standard in the R&D/productivity literature. Regressions using count data models yield qualitatively similar results. These results and other additional results whose tables are not presented here are reported in Branstetter and Sakakibara (2000). \textsuperscript{17} Issues regarding the measurement of these indirect inputs are discussed further in the Data Appendix. \textsuperscript{18} Consortium duration in our sample runs from 1 to 13 years, with half of all consortia ending 4 to 8 years after the official inception. \textsuperscript{19} Sample firms were pre-selected on the availability of R&D data and patent data in both Japan and the United States. Obviously, we oversample R&D-intensive firms, hence our characterization of both the participants and the control sample as “technologically elite” firms. Table 2—Time Path of Benefits Dependent variable: (1) consortium patenting (assigned to firms and consortia) in the targeted area in year $t$; (2) and (3) firm patenting in the targeted area in year $t$ \| Variable \| (1) Linear Model (Consortium Level) \| (2) Negative Binomial Model (Firm-Consortium Level) \| (3) Time Coefficients for Participants \| \|-------------------\|-------------------------------------\|----------------------------------------------------\|---------------------------------------\| \| Year 0 dummy \| 0.131 \| 0.099 \| 0.488 \| \| \| (0.058) \| (0.065) \| (0.071) \| \| Year 1 dummy \| 0.225 \| 0.214 \| 0.446 \| \| \| (0.058) \| (0.064) \| (0.070) \| \| Year 2 dummy \| 0.275 \| 0.368 \| 0.351 \| \| \| (0.061) \| (0.062) \| (0.068) \| \| Year 3 dummy \| 0.323 \| 0.450 \| 0.375 \| \| \| (0.061) \| (0.064) \| (0.069) \| \| Year 4 dummy \| 0.298 \| 0.354 \| 0.545 \| \| \| (0.068) \| (0.068) \| (0.073) \| \| Year 5 dummy \| 0.308 \| 0.441 \| 0.554 \| \| \| (0.072) \| (0.069) \| (0.074) \| \| Year 6 dummy \| 0.262 \| 0.751 \| 0.320 \| \| \| (0.077) \| (0.070) \| (0.075) \| \| Year 7 dummy \| 0.178 \| 0.839 \| 0.169 \| \| \| (0.085) \| (0.074) \| (0.079) \| \| Year 8 dummy \| 0.247 \| 0.855 \| 0.132 \| \| \| (0.084) \| (0.077) \| (0.083) \| \| Year 9 dummy \| 0.301 \| 0.502 \| 0.623 \| \| \| (0.120) \| (0.108) \| (0.120) \| \| Year 10 dummy \| 0.391 \| 0.531 \| 0.687 \| \| \| (0.125) \| (0.121) \| (0.134) \| \| Year 11 dummy \| 0.371 \| 0.571 \| 0.768 \| \| \| (0.135) \| (0.135) \| (0.150) \| \| Year 12 dummy \| 0.343 \| 0.629 \| 1.04 \| \| \| (0.190) \| (0.156) \| (0.174) \| \| Real budget \| -0.037 \| 0.028 \| \| \| \| (0.019) \| (0.006) \| \| \| Real indirect inputs \| 0.031 \| 0.036 \| \| \| \| (0.006) \| (0.003) \| \| \| Pre-project patents \| 0.926 \| 1.14 \| \| \| \| (0.007) \| (0.004) \| \| \| Number of observations \| 2,163 \| 40,635 \| \| Notes: Real budget, real indirect inputs, pre-project patenting, and the dependent variable in the linear model are measured in logs. Standard errors are in parentheses. a Year 0 indicates the year of the inception of a consortium. counts of Japanese patent applications in the targeted areas as the dependent variable. These results are graphed out in Figure 1, which plots the coefficients on our time dummy variables against the years to which they correspond, along with the 95-percent confidence bounds. In contrast, columns (2) and (3) of Table 2 present results from data at the firm-consortium level. Note that, in these columns, we regard firm $i$’s participation in consortium $j$ as a separate event from firm $i$’s participation in consortium $k$. We regress patenting on inputs, preexisting technological strength (calculated for the individual firms), and the two sets of dummy variables described above. Columns (2) and (3) are taken from a Negative Binomial specification, which uses counts of Japanese patent applications in the targeted area as the dependent variable. The coefficients in column (3) measure the performance of the participants relative to the “benchmark” level of performance common to both participants and controls, and these coefficients are graphed out in Figure 2, along with the 95-percent confidence bounds. Briefly summarized, these results suggest that both participants and nonparticipants tend to increase their patenting in the targeted technologies after the inception of a consortium.\footnote{This could be interpreted as evidence of “spillovers” of the results of consortia research to technologically active nonparticipants.} However, the marginal increase of \textit{participants’} patenting in the targeted area, relative to the control firms, is large and statistically significant.\footnote{Linear and Negative Binomial models using U.S. patents as the dependent variable and incorporating a “calendar time” trend yielded qualitatively similar results.} The shape of this marginal effect on innovative output is also interesting. On average, this marginal impact tends to level off or decline in magnitude and lose statistical significance in the fourth to eighth year after the consortium’s inception, increasing substantially thereafter. This is the point around which the average consortium’s official duration is ending. Why does Japanese patenting in the targeted area by the participating firms level off—even begin to decline—as most consortia are ending, then increase substantially thereafter? We suspect the reason is linked to the requirement, which held for many of the consortia we looked at, that patents taken out directly as a function of consortium research were to be assigned to the consortium, preventing the firm from fully appropriating the benefits of its research within the consortium. Given this restriction, there was obviously an incentive to delay patenting useful discoveries until after the consortium officially ended. The time path of benefits is quite consistent with the view that this “moral hazard” problem existed, and that firms behaved in an opportunistic manner.\textsuperscript{22} Our approach would more closely approximate the “difference-in-differences” studies undertaken in the labor economics literature if we included firm and consortium fixed effects. Unfortunately, the inclusion of fixed effects makes it difficult to estimate two statistically distinct time paths. However, it \textit{is} possible to estimate a fixed-effects model using a more “parametric” approach to the estimation of the “time path of benefits.”\textsuperscript{23} We can construct for each firm-consortium-year observation (both participating firms and controls) a dummy variable corresponding to 1 during the official duration of the consortium (zero otherwise), a time trend which dates from the inception of consortium $j$, and the square of this time trend. Then we estimate another dummy variable equal to 1 during the duration of the consortium only if firm $i$ is a participant in consortium $j$, zero otherwise. Similarly, we construct the time trend and its square where these variables are nonzero only if firm $i$ is a participant in consortium $j$. This allows us to trace out, albeit less precisely, the general shape of the time path of changes in patenting in the targeted area for all firms and then the impact of participation on the \textit{participating firms only} relative to that baseline. Results from such a specification suggest participating firms receive a statistically significant boost in performance over the level of nonparticipants that persists over time.\textsuperscript{24} However, the increase in performance is rather \textit{small} in size (on the order of 5 percent using U.S. patents as the dependent variable). While the results given in Table 2 would seem to imply quite large and persistent positive effects, the specifications which most closely approximate a “difference-in-differences” approach suggest that this impact is much more modest in size. \section{IV. Effects of Consortium Characteristics on Consortium Performance} In this section, we turn our attention to the question of which consortia are more successful—and why. As we noted in Section I, the theoretical literature highlights two characteristics of an R&D consortium as critical determinants of its impact: \textit{spillover potential} of the consortium and the level of \textit{product market competition} among consortium participants. So it is particularly incumbent upon us to come up with empirical measures of these characteristics. There are other characteristics that we wish to take into account as well, including the governance structure of consortia, their technological orientation (basic versus applied research), and the mix of participants in terms of industry affiliation. In the empirical analysis in this section, we concentrate our attention on time-invariant characteristics of consortia. While our initial specifications exploited the full panel structure of the data and gave us insight into the important question of the time path of benefits, many of the variables on consortium characteristics that we have at the consortium level (or the firm-consortium level) \textit{do not change over time}. Including them in a panel regression with a time-series dimension actually creates statistical problems, as has been demonstrated by Brent R. Moulton (1986). For that reason, it makes sense to \textit{collapse} the time-series dimension of the data. What we do henceforth is measure consortium outcomes as the cumulated sum of patenting in the targeted classes, taken over a 15-year horizon (or as much of this as the data will allow) from the official inception of the consortium. This sum will be regressed on (summed) measures of research inputs, direct and indirect, measures of pre-consortium technological strength, and time-invariant consortium characteristics. \textsuperscript{22} These results are also consistent with the view that the knowledge obtained through the consortia was incorporated in the firms’ own research programs after the official ending of the joint research programs, and after the consortia each firm conducted substantial research in the consortia-related areas. \textsuperscript{23} In these specifications, the participation of firm $i$ in consortium $j$ was considered to be the cross-sectional unit. A fixed effect was incorporated for each such unit. \textsuperscript{24} A complete set of results from a specification of this kind is reported in Branstetter and Sakakibara (2000). A. Technological Proximity of Participants If the potential for R&D spillovers is strongest among firms which are pursuing research in the same technological areas, then one needs a quantitative index of the proximity of firms in technology space.$^{25}$ Following Adam B. Jaffe (1986), we employ such a measure, the $T_{ij}$ coefficient. Let a firm’s R&D program be described by the vector $\mathbf{F}$, where $\mathbf{F}_i = (f_1 \cdots f_k)$ and each of the $k$ elements of $\mathbf{F}$ represents the firm’s research resources and expertise in the $k$th technological area. This is measured by the number of patents held by a firm in a narrowly defined technological field. We can measure the “technological proximity” between two firms by measuring the degree of similarity in their patent portfolios, or more precisely, the “distance” in “technology space” between two firms $i$ and $j$ can be approximated by $T_{ij}$ where $T_{ij}$ is the uncentered correlation coefficient of the $\mathbf{F}$ vectors of the two firms. This is calculated by dividing $\mathbf{F}_i\mathbf{F}_j'$ by the square root of the product of $\mathbf{F}_i\mathbf{F}_i'$ and $\mathbf{F}_j\mathbf{F}_j'$. We calculate a technological proximity measure for each consortium for which we have sufficient data by averaging $T_{ij}$ for all pairs of firms in a consortium. A number close to 1 implies a high degree of technological proximity, while a number close to 0 implies a low degree of proximity. For a subset of our firms and consortia for which we have sufficient data, we can calculate a separate technological proximity measure for each firm in each consortium by averaging the $T_{ij}$ term over all firms $j$ not equal to $i$. This construction gives us a measure we can use in an econometric specification that includes firm and consortium fixed effects.$^{26}$ B. Product Market Proximity of Participants Our measure of product market proximity is calculated using data from Market Share in Japan, which is published by the Yano Research Institute (1984, 1990). This private Japanese market research firm tracks the market shares of the top Japanese firms in hundreds of narrowly defined product markets.$^{27}$ We use these data to count the number of times a pair of firms in a given consortium “meet” each other in product markets. For each firm, a proximity measure with respect to each other firm can be calculated by dividing the number of product markets in which a meeting takes place by the number of product markets in which firm $i$ is currently active. Two firms which meet one another in a large number of product markets are presumed to be more proximate to one another than firms for whom the set of overlapping products is small or zero. However, our measure of proximity does not guarantee symmetry. For any pair of firms, $i$ may be closer to $j$ than $j$ is to $i$ if $i$ is in only one product market (and meets $j$ in that market) whereas $j$ is in 100 product markets, in only one of which it meets $i$. For $i$, $j$ is a major and close competitor, while for $j$, $i$'s presence is negligible. This measure captures the asymmetries of product market competition that exist in the real world between multiproduct and single-product firms of very different sizes. As in the case of our technological proximity measures, we calculate product market proximity in two ways—averaging over all firms within a consortium to produce a consortium-specific measure and averaging within firms and consortia to produce a firm-consortium-specific measure. C. Organizational Characteristics Basic Technological Orientation.—For a subset of firms and consortia in our database, we have a rich set of qualitative variables recording Japanese R&D managers’ perceptions of various aspects of the consortia.$^{28}$ These variables were obtained from a survey conducted by Sakakibara (1995, 1997a, b). Among the most interesting and relevant of these survey responses are those pertaining to the nature of the technological goals of the joint research projects. --- $^{25}$ However, it is certainly possible that there may be important technological complementarities between “distant” technologies that measures of “technological proximity” may fail to capture. $^{26}$ We thank an anonymous referee for suggesting this approach. $^{27}$ The data used in this paper track firm meetings in 591 distinct, disaggregated product markets. $^{28}$ These data cover 86 projects that had ended or were close to completion in 1992. undertaken by the consortia. While obviously highly subjective, the respondents’ answers to the following questions nevertheless provide quite useful information on the technological “ambitiousness” and technological “focus” of the project. Questions include the following: (1) Rank the project outcomes along a spectrum from basic to highly applied research. (2) How ambitious was the goal of the project? (3) What was the state of development of the subject industry? The respondents’ answers to these questions were recorded on a five-point Likert scale. These responses were then averaged for participants in the same project. Because a number of these variables measure similar factors, there are potential problems of multicollinearity and interpretation. We collapse a number of these variables into a simple linear combination of the variables that serves as a univariate summary statistic of the “basicness” of research conducted in the consortium, with a larger index indicating that the consortium targeted more basic research. When R&D consortia focus on basic R&D, the effective level of ex post* product market competition could be quite low, even if the participants are quite proximate, in terms of their current product portfolios. With our data, we can measure the level of product market competition along both of these dimensions. Centralization of Consortium Organization.—A separate set of survey questions dealt with the management structure of the joint research project undertaken by the consortia. Questions asked on this topic include the following: (1) Was there a central research laboratory for the project? (2) To what extent was the consortium research undertaken “centrally” versus research performed separately by individual companies? (3) How often did researchers from different companies meet? (4) To what extent did the consortium administrators try to keep the project under “tight” control? As with the other set of survey variables, we aggregated a number of these into a single univariate measure of the “centralization” of research, with a larger index indicating that the project was implemented in a more centralized manner. Industry Mix/Wide Participation.—A third set of survey questions dealt with the “participation pattern” of firms in the consortia. This provides useful information on the “inclusive-ness” of the consortium, such as the presence of firms from upstream/downstream industries. Questions include the following: (1) How wide was participation in your principal industry? (2) How wide was participation from other industries? (3) Did upstream or downstream industries participate? The aggregated single univariate measure is constructed such that the larger the index, the greater the diversity in terms of the industry mix of participating firms. D. Results at the Firm-Consortium Level The impact of consortium characteristics on consortium outcomes could be measured at a number of different levels of aggregation. For instance, we can use the consortium itself as the unit of analysis.$^{29}$ While interesting and potentially informative, the consortium-level regressions are subject to a serious identification problem. We would like to interpret the coefficients on the characteristics of our consortia as giving us the marginal effect of a unit change in a given consortium characteristic on the outcome of a consortium. The problem with this interpretation is that the coefficients on our consortium characteristics could be reflecting differences in the participating firms across consortia as much as they reflect the “ceteris paribus” marginal impact of a unit change in a given consortium characteristic. In order to address this issue, we utilize our “firm-consortium” cut of the data. We can collapse the time dimension of this data set, summing up measures of patent output and R&D input over a fixed horizon beginning with the inception of the consortium. However, even after collapsing the time dimension, we are left with two other dimensions to our data set—the project, or consortium, dimension, and the firm dimension. This gives us critical leverage around the problem in the preceding paragraph. Ideally we would like to conduct the following conceptual experiment: to examine how the same firm would perform if, for example, we $^{29}$ Branstetter and Sakakibara (2000) report a full set of regression results of outcomes on consortium characteristics using the consortium itself as the unit of analysis. moved it from a consortium with a low level of average technological proximity to one with a high level of average technological proximity. Since we observe the same firms in a number of different consortia, a regression on our firm-consortium panel data set with firm fixed effects allows us get close to this ideal experiment. Holding the unobserved characteristics of individual firms constant, we can trace out the average marginal impact of differences in consortium characteristics on research outcomes.$^{30}$ We would get even closer to this ideal experiment if we could also include consortium fixed effects. Our measured consortia characteristics could potentially be correlated with unmeasured characteristics of those same consortia. Employing consortium fixed effects provides us with empirical leverage concerning this issue, at least in principle. The practical problem with including consortium fixed effects is that any characteristic that is the same across all firms in a given consortium “falls out” with the fixed effect. Unfortunately, some of our consortium characteristics are not available at the firm-consortium level, but only at the consortium level, and we are thus constrained from including consortium fixed effects in some specifications. Given these constraints, there are two ways of measuring the consortium-induced boost to firm patenting in the targeted patent classes in these data. One way is to regress the cumulated sum of patenting in the targeted area on inputs, pre-project patenting, consortium characteristics, firm fixed effects, and, in some cases, consortium fixed effects. Alternatively, we subtract a cumulated sum of pre-project patenting from the output measure, and use this difference (or in our case, the difference of the logs) as the dependent variable. Table 3 takes both approaches to the estimation of the impact of technological and product market proximity on outcomes. For comparison purposes, column (1) of Table 3 presents results from a Negative Binomial model estimated at the consortium level of aggregation. At this level of aggregation, it is impossible to include either firm or consortium fixed effects. Furthermore, measures of technological proximity and product market proximity are averaged across participating firms within a consortium. Nevertheless, we find that technological proximity and product market proximity have the predicted effects on consortium outcomes. The former is significantly positive in its effects, while the latter is significantly negative. In column (2), we move our analysis to the firm-consortium level. However, we continue to use measures of technological and product market proximity that are consortium specific rather than firm-consortium specific. The regression is run in logs, incorporating firm (but not consortium) fixed effects.$^{31}$ Taking a slightly different approach, column (3) presents results from the “differences” specification suggested above, where the dependent variable is the difference in the (log) patent output in the targeted area before and after the inception of the consortium. In column (3), U.S. patents in the targeted area, rather than Japanese patents, are used as indicators of innovative output. Columns (2) and (3) illustrate that the estimated effects of our two key consortium characteristics still have the predicted signs and are still statistically significant.$^{32}$ For all the reasons discussed above, an even more stringent test of our hypotheses would be to insert firm-consortium-specific measures of technological and product market proximity into a specification with both firm and consortium effects. When we construct these firm-consortium-specific measures, we lose a number of observations, because we lack sufficient data to compute these measures for all firms in all consortia. Furthermore, including firm effects and consortium effects absorbs a very large portion of the total variance in our outcomes data. Given the loss of observations and variance we incur in taking this approach, it would perhaps not be surprising if our econometric results lost some of their statistical precision. $^{30}$ The specifications reported in Tables 3 and 4 do not include control firms. Similar specifications that included control firms were tested and yielded qualitatively similar results. $^{31}$ Attempts to estimate a fixed-effects Negative Binomial estimator with these data failed to achieve convergence. $^{32}$ The exception to this is that product market proximity is not statistically significant at the conventional levels in column (2). Nevertheless, as can be seen from column (4) of Table 3, when we include firm fixed effects, consortium fixed effects, pre-project patenting, and measures of private and public R&D input as independent variables, it is still the case that our measures of technological proximity are positive and statistically significant. On the other hand, our measures of product market proximity, though negative, are not statistically significant at conventional levels.$^{33}$ We view the fact that our technological proximity measures survive this test and the product market proximity measures do not survive it as being essentially consistent with results reported in the next table, in which the impact of product market proximity is systematically less robust than that of technological proximity. Column (4) uses U.S. patents as its measure of innovative output, but we note that results obtained with Japanese patents are qualitatively similar.$^{34}$ Table 4 reports the results of regressions similar to those in Table 3, except that here $^{33}$ Since measured direct R&D inputs are the same for all firms within a given consortium, this variable is not included in the regression whose results are reported in column (4). $^{34}$ Results using Japanese patents as the measure of innovative output in a specification with firm and consortium fixed effects indicate that the impact of technological proximity is positive and statistically significant, whereas the impact of product market proximity is statistically indistinguishable from zero. The fact that the measured impact of product market proximity is systematically less robust than technology proximity could suggest that the former is measured with substantially greater error in our data. For further robustness tests, see Branstetter and Sakakibara (2000). Table 4—Consortium Characteristics and Outcomes—Firm-Consortium Level Dependent variable: The difference of firm patenting in the targeted area before and after the inception of the consortium \| Variables \| (1) Linear Fixed-Effects Model \| (2) Linear Fixed-Effects Model \| (3) Linear Fixed-Effects Model \| (4) Linear Fixed-Effects Model \| \|------------------------------------------------\|-------------------------------\|-------------------------------\|-------------------------------\|-------------------------------\| \| Technological proximity \| 1.26 \| 1.56 \| 1.40 \| 1.27 \| \| \| (0.340) \| (0.350) \| (0.349) \| (0.342) \| \| Product market proximity \| 0.652 \| 0.190 \| 0.418 \| 0.685 \| \| \| (0.491) \| (0.504) \| (0.505) \| (0.494) \| \| Basic technological orientation \| 0.604 \| \| \| 0.534 \| \| (consortium average) \| (0.104) \| \| \| (0.122) \| \| Centralization of organization \| \| 0.045 \| \| 0.088 \| \| (consortium average) \| \| (0.079) \| \| (0.098) \| \| Industry mix/wide participation \| \| \| −0.279 \| −0.144 \| \| (consortium average) \| \| \| (0.099) \| (0.136) \| \| Firm fixed effects \| Yes \| Yes \| Yes \| Yes \| \| Number of observations \| 531 \| 531 \| 531 \| 531 \| Notes: Regressions included measures of real budget, real indirect inputs, and firm’s total R&D, though these coefficients are not shown in the table. These variables as well as dependent variables are measured in logs. Note that these models do not include consortium fixed effects. Measures of pre-project patenting are subtracted from the dependent variable in these specifications. Standard errors are in parentheses. We add measures of consortium organizational characteristics—basic research orientation, “centralization” of the consortium governance structure, and measures of “diversity” in terms of the industry affiliation of participating firms. Unfortunately, it is not possible to obtain firm-consortium-specific measures of these characteristics. Recall that they were obtained from a limited survey of participating firms, and the number of firm responses within a given consortium is too small. For this reason, we use consortium-specific measures of these attributes—and that precludes the use of a consortium fixed effect. The only organizational attribute with robust effects is the one for which the theoretical literature gives us a clear interpretation—the basic research orientation of consortia. The more basic the research conducted within a consortium, the better the outcome. This is entirely consistent with theoretical predictions. Note that we do not possess measures of these organizational characteristics for all firms or all consortia. Our data set here is less than one-third the size of the data set used in Table 3, column (3), for instance. Given this loss of observations, it is not surprising that some of our measured characteristics lose statistical significance. The impact of product market proximity switches sign (relative to what we found in Table 3), but is statistically indistinguishable from zero. One final observation merits mention here. In a number of specifications in Tables 3 and 4, the regression coefficients on our measures of R&D inputs to consortia are quite small in magnitude and in statistical significance. One interpretation of this is that the design of a consortium matters much more than the level of resources expended on it. Putting more money into a consortium in which the members have little prospect for technological spillover, little incentive to cooperate given their overlap in the product market, and little preexisting technological strength in the targeted technologies will not help matters much. Likewise, a well-designed consortium may have beneficial effects even if the direct subsidies expended are modest. 35 Note that the measured impact of R&D inputs also tends to be small in the specifications reported in Table 2. 36 An alternative explanation is that the small coefficients are primarily driven by measurement error in our R&D data. V. Conclusions In this paper, we find strong evidence that spillover potential, as measured by our technological proximity variable, is positively related to the outcomes of consortia, which is consistent with the predictions of much of the theoretical literature. We also find evidence that research consortia are likely to have a stronger positive impact when they conduct relatively basic, rather than relatively applied, R&D. Our evidence concerning the impact of the degree of product market competition is generally consistent with theoretical predictions, though these results are less statistically robust. Another consistent regularity in our empirical findings is that the design of a consortium seems to be more important than the level of resources expended on it in terms of explaining research outcomes. Taken together, these results suggest to us that the strategic reactions of firms to consortium attributes identified in the theoretical literature are empirically important in practice. This is a lesson that can and should be incorporated into public policy. Our results suggest what kinds of consortia are likely to yield the highest returns on both public and private investments and how these benefits unfold over time. The empirical framework in the paper is one that could be applied to research consortia in any country. It is our hope that this paper will stimulate such evaluative work. Partly as a result of economists’ theoretical arguments, governments and firms around the world have invested billions of dollars in research consortia. Our profession would be remiss if we did not provide some way of evaluating the impact of this investment. Data Appendix This Data Appendix briefly describes our data sources. A more detailed description of the data construction process is available from the authors upon request. Japanese patent data. Japanese patent data was obtained from the Japanese Patent Office and the Japan Patent Information Organization (JAPIO). Based on the descriptions of the technological goals of each consortium, officials of the Japanese Patent Office identified the classes of the Japanese patent system which were most closely related to those goals. We then acquired from JAPIO counts of patent applications in the targeted classes (as well as overall patent applications) for nearly 500 participating firms and control firms. U.S. patent data. The data on patents taken out in the United States by Japanese firms were taken from the CASSIS CD-ROM, then matched to the REI database at Case Western Reserve University. Creating counts of U.S. patent grant data in the targeted classes required us to create a mapping from the International Patent Classification system to the classification system used by the U.S. Patent and Trademark Office. R&D data. The overall R&D spending of individual Japanese firms are taken from several consecutive issues of the Kaisha Shiki Ho, published by Toyo Keizai, and the Nikkei Kaisha Joho, published by the Nihon Keizai Shimbunsha. All R&D expenditure data was deflated by the R&D price index constructed by the Japanese Science and Technology Agency and reported in Gijutsu Yoran. Other firm variables. Data on firm industry affiliation and other variables are taken from various issues of the Japan Development Bank Corporate Finance Database. Accounting for inputs in consortia. To measure and compare the real “R&D productivity” enhancing effects of consortia, we need to account for the inputs that are invested into these consortia. While we know the official total budget of each consortium and the official duration of each consortium, we do not have detailed, consistent information on how these expenditures were allocated across participating firms and over time. We are generally constrained to assume that expenditures were divided equally across participating firms and across years of the consortium’s operation. However, even if we had perfect information on the allocation of expenditure across participating firms and over time, we must acknowledge that this would still not be an accurate measure of the real contribution of firms. This is because we know from firm interviews that, when firms believed the technology being pursued within the research consortium had a high degree of commercial potential, they would often conduct a parallel research program on this technology within the firm, to maximize their own firm’s ability to commercialize this technology upon the completion of the consortium. Because we have no way of measuring the distribution of a firms’ R&D spending across different technologies at a particular point in time, we have no way of controlling for the existence of these parallel internal research programs. Firms tended to participate in multiple consortia and consortia tended to target similar classes of technologies. Thus, there was a considerable degree of overlap in the consortia, both in terms of participating firms and targeted classes. The impact of previous consortia is captured by measures of pre-consortium patenting in the targeted technological classes. The impact of concurrent overlapping consortia is controlled for in the following manner. 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Suzumura, Kotaro. “Cooperative and Noncooperative R&D in an Oligopoly with Spillovers.” American Economic Review, December 1992, 82(5), pp. 1307–20. Yano Research Institute. Market share in Japan. Tokyo: Yano Research Institute, 1984, 1990.	<urn:uuid:94c818a4-0d65-4d42-950e-8c2827d87191>	CC-MAIN-2015-11	http://repository.cmu.edu/cgi/viewcontent.cgi?article=1043&context=sds	2015-03-01T23:25:52Z	s3://commoncrawl/crawl-data/CC-MAIN-2015-11/segments/1424936462573.55/warc/CC-MAIN-20150226074102-00334-ip-10-28-5-156.ec2.internal.warc.gz	200,131,681	13,903	eng_Latn	eng_Latn	0.970764	eng_Latn	0.996253	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	docling	[ 2713, 7308, 11869, 16867, 20730, 25641, 32497, 34056, 38856, 43468, 47988, 52630, 54460, 59999, 64444, 68570, 70227 ]
U.S. Size & Style Performance Large Cap Blend (S&P 500) IVV Mid Cap Blend (S&P 400) IJH Small Cap Blend (S&P 600) IJR U.S. Size & Style 1-Day Performance \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| ACSI \| American Customer Satisfaction ETF \| 2.00% \| \| RYJ \| Invesco Raymond James SB-1 Equity ETF \| 1.72% \| \| GUSA \| Goldman Sachs MarketBeta U.S. 1000 Equity ETF \| 1.49% \| \| IPO \| Renaissance IPO ETF \| 1.38% \| \| MMLG \| First Trust Multi-Manager Large Growth ETF\| 1.05% \| \| IWC \| iShares Micro-Cap ETF \| 0.97% \| \| LCG \| Sterling Capital Focus Equity ETF \| 0.84% \| \| BUZZ \| VanEck Social Sentiment ETF \| 0.73% \| \| BKMC \| BNY Mellon US Mid Cap Core Equity ETF \| 0.67% \| \| MGK \| Vanguard Mega Cap Growth ETF \| 0.60% \| Size & Style 1-Day Performance Leaders \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| QMOM \| Alpha Architect U.S. Quantitative Momentum ETF \| -2.21% \| \| XSMO \| Invesco S&P SmallCap Momentum ETF \| -1.84% \| \| EQRR \| ProShares Equities for Rising Rates ETF \| -1.84% \| \| SYLD \| Cambria Shareholder Yield ETF \| -1.53% \| \| XSVM \| Invesco S&P SmallCap Value with Momentum ETF \| -1.46% \| \| PDP \| Invesco DWA Momentum ETF \| -1.32% \| \| DIVZ \| TrueShares Low Volatility Equity Income ETF \| -1.32% \| \| WBIY \| WBI Power Factor High Dividend ETF \| -1.27% \| \| VFMO \| Vanguard U.S. Momentum Factor ETF \| -1.23% \| \| FDL \| First Trust Morningstar Dividend Leaders Index Fund \| -1.21% \| Size & Style 1-Day Performance Laggards \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| ABEQ \| Absolute Select Value ETF \| 46.75 \| \| CDC \| VictoryShares US EQ Income Enhanced Volatility Wt.. \| 47.52 \| \| LFEQ \| VanEck Long/Flat Trend ETF \| 48.46 \| \| DIVZ \| TrueShares Low Volatility Equity Income ETF \| 48.53 \| \| RUFF \| Alpha Dog ETF \| 48.56 \| \| DHS \| Wisdom Tree U.S. High Dividend Fund \| 48.83 \| \| FDL \| First Trust Morningstar Dividend Leaders Index Fund \| 49.37 \| \| SPDV \| AAM S&P 500 High Dividend Value ETF \| 50.25 \| \| WBIY \| WBI Power Factor High Dividend ETF \| 50.45 \| \| RPV \| Invesco S&P 500 Pure Value ETF \| 50.68 \| Size & Style Most Overbought \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| ACSI \| American Customer Satisfaction ETF \| 78.76 \| \| GUSA \| Goldman Sachs MarketBeta U.S. 1000 Equity ETF \| 77.30 \| \| USNZ \| Xtrackers Net Zero Pathway Paris Aligned US Equity ETF \| 74.50 \| \| NZUS \| SPDR MSCI USA Climate Paris Aligned ETF \| 73.74 \| \| ALTL \| Pacer Lunt Large Cap Alternator ETF \| 72.54 \| \| QQXT \| First Trust Nasdaq-100 Ex-Technology Sector Index Fund \| 72.00 \| \| RYJ \| Invesco Raymond James SB-1 Equity ETF \| 70.72 \| \| BIBL \| Inspire 100 ESG ETF \| 70.70 \| \| ETHO \| Etho Climate Leadership U.S. ETF \| 70.67 \| \| FYC \| First Trust Small Cap Growth AlphaDEX Fund \| 70.49 \| Size & Style Most Oversold ETF Landscape represented using the ETF Action classification systemLeaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify ### U.S. Size & Style Flows August 4, 2022 #### Large-Cap 30-Day Rolling Flows ![Large-Cap 30-Day Rolling Flows Graph] #### Mid-Cap 30-Day Rolling Flows ![Mid-Cap 30-Day Rolling Flows Graph] #### Small-Cap 30-Day Rolling Flows ![Small-Cap 30-Day Rolling Flows Graph] ### U.S. Size & Style Landscape Flows \| Category \| Funds \| AUM \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| \|-----------------------------------\|-------\|---------\|----------\|----------\|----------\|----------\| \| Large Cap, Beta Growth, Beta \| 25 \| $1,263B \| ($1.20B) \| $35.98B \| $31.82B \| $124.39B \| \| Large Cap, Beta Growth, Beta: Growth \| 10 \| $240B \| $1.10B \| $9.14B \| $12.86B \| $16.76B \| \| Large Cap, Beta Growth, Beta: Value \| 11 \| $217B \| ($0.87B) \| $3.01B \| $12.13B \| $25.36B \| \| Mid Cap, Beta, Beta \| 10 \| $180B \| $0.55B \| $3.27B \| $5.39B \| $13.50B \| \| Mid Cap, Beta, Beta: Growth \| 6 \| $34B \| $0.45B \| $1.04B \| $0.82B \| $1.06B \| \| Mid Cap, Beta, Beta: Value \| 6 \| $40B \| ($0.28B) \| $0.24B \| ($0.54B) \| $0.93B \| \| Small Cap, Beta, Beta \| 13 \| $196B \| $1.33B \| ($0.64B) \| ($1.80B) \| $9.42B \| \| Small Cap, Beta, Beta: Growth \| 7 \| $33B \| $0.06B \| $0.87B \| $1.18B \| $1.86B \| \| Small Cap, Beta, Beta: Value \| 7 \| $50B \| $0.01B \| ($0.83B) \| ($4.59B) \| ($2.34B) \| ### U.S. Size & Style Flow Leaders \| Ticker \| Fund \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| AUM \| \|--------\|-------------------------------------\|----------\|----------\|----------\|----------\|---------\| \| VOO \| Vanguard S&P 500 ETF \| $1.00B \| $15.35B \| $14.80B \| $44.45B \| $273.98B\| \| IWM \| iShares Russell 2000 ETF \| $0.89B \| ($0.44B) \| ($2.13B) \| ($1.00B) \| $55.14B \| \| IVV \| iShares Core S&P 500 ETF \| $0.73B \| $14.47B \| $11.42B \| $31.55B \| $308.89B\| \| OMFL \| Invesco Russell 1000 Dynamic Multifactor ETF \| $0.42B \| $0.42B \| $0.60B \| $0.99B \| $2.40B \| \| MDYG \| SPDR S&P 400 Mid Cap Growth ETF \| $0.39B \| $0.32B \| $0.31B \| $0.35B \| $1.82B \| \| SPYG \| SPDR Portfolio S&P 500 Growth ETF \| $0.38B \| $1.86B \| $2.36B \| $2.57B \| $14.96B \| \| VTI \| Vanguard Total Stock Market ETF \| $0.34B \| $4.08B \| $10.04B \| $34.98B \| $271.80B\| \| QQQM \| Invesco NASDAQ 100 ETF \| $0.34B \| $1.00B \| $1.94B \| $4.41B \| $5.30B \| \| SPLV \| Invesco S&P 500 Low Volatility ETF \| $0.30B \| $1.43B \| $1.90B \| $3.08B \| $11.18B \| \| SCHD \| Schwab US Dividend Equity ETF \| $0.29B \| $3.39B \| $6.51B \| $11.26B \| $37.13B \| ### U.S. Size & Style Flow Laggards \| Ticker \| Fund \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| AUM \| \|--------\|-------------------------------------\|----------\|----------\|----------\|----------\|---------\| \| SPY \| SPDR S&P 500 ETF Trust \| ($1.85B) \| $0.10B \| ($5.01B) \| $15.88B \| $373.54B\| \| QQQ \| Invesco QQQ Trust \| ($1.59B) \| $1.68B \| $4.62B \| $17.83B \| $176.81B\| \| SPYD \| SPDR Portfolio S&P 500 High Dividend ETF \| ($1.48B) \| $1.60B \| $2.68B \| $3.21B \| $7.96B \| \| SDY \| SPDR S&P Dividend ETF \| ($1.38B) \| $0.82B \| $1.56B \| $2.04B \| $22.17B \| \| SPHD \| Invesco S&P 500 High Dividend Low Volatility ETF \| ($0.78B) \| $0.37B \| $0.82B \| $0.86B \| $3.92B \| \| IVE \| iShares S&P 500 Value ETF \| ($0.28B) \| $0.11B \| $1.22B \| $2.62B \| $24.33B \| \| USMV \| iShares MSCI USA Min Vol Factor ETF \| ($0.28B) \| $0.90B \| $0.85B \| $0.86B \| $28.39B \| \| IJJ \| iShares S&P Mid-Cap 400 Value ETF \| ($0.27B) \| ($0.14B) \| ($0.83B) \| ($1.02B) \| $7.39B \| \| IWD \| iShares Russell 1000 Value ETF \| ($0.26B) \| $0.16B \| ($0.94B) \| $0.99B \| $53.28B \| \| ITOT \| iShares Core S&P Total U.S. Stock Market ETF \| ($0.24B) \| $2.41B \| $2.40B \| $5.02B \| $43.57B \| ETF Landscape represented using the ETF Action classification systemLeaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify *Flows delayed one day © ETF Action, Inc. 2022 ### S&P Sector & Industry 1 Day Performance \| Ticker \| Fund Name \| % From 52W High \| % From 52W Low \| % Abv/Below 50 SMA \| % Abv/Below 200 SMA \| RSI (14D) \| \|----------\|------------------------------------------------\|-----------------\|----------------\|--------------------\|---------------------\|-----------\| \| XLU \| Utilities Select Sector SPDR Fund \| -3.20% \| 17.21% \| 5.50% \| 6.03% \| 70.49 \| \| XLP \| Consumer Staples Select Sector SPDR Fund \| -7.15% \| 8.74% \| 2.83% \| 0.31% \| 58.98 \| \| XLV \| Health Care Select Sector SPDR Fund \| -7.93% \| 9.68% \| 2.24% \| -0.54% \| 54.99 \| \| XLI \| Industrial Select Sector SPDR Fund \| -10.41% \| 12.25% \| 6.28% \| -2.54% \| 69.37 \| \| SPY \| SPDR S&P 500 ETF Trust \| -13.30% \| 13.20% \| 5.60% \| -4.12% \| 66.05 \| \| XLB \| Materials Select Sector SPDR Fund \| -15.20% \| 8.33% \| -0.68% \| -8.55% \| 55.15 \| \| XLRE \| Real Estate Select Sector SPDR Fund \| -15.88% \| 12.18% \| 4.10% \| -5.28% \| 61.60 \| \| XLK \| Technology Select Sector SPDR Fund \| -16.58% \| 19.33% \| 9.79% \| -2.66% \| 69.28 \| \| XLF \| Financial Select Sector SPDR Fund \| -19.24% \| 8.82% \| 2.36% \| -9.20% \| 57.80 \| \| XLY \| Consumer Discretionary Select Sector SPDR Fund\| -20.93% \| 24.16% \| 12.92% \| -4.85% \| 71.04 \| \| XLE \| Energy Select Sector SPDR Fund \| -22.35% \| 56.50% \| -6.87% \| 2.08% \| 44.29 \| \| XLC \| Communication Services Select Sector SPDR Fund\| -32.83% \| 8.89% \| 2.40% \| -13.94% \| 57.26 \| ### Sector & Industry 1 Day Performance Leaders \| Ticker \| Fund \| % Change \| \|----------\|-------------------------------------------\|----------\| \| XBI \| SPDR S&P BIOTECH ETF \| 5.53% \| \| PBE \| Invesco Dynamic Biotechnology & Genome ETF\| 4.43% \| \| FBT \| First Trust NYSE Arca Biotechnology Index Fund \| 2.61% \| \| ITB \| iShares U.S. Home Construction ETF \| 2.26% \| \| IBB \| iShares Biotechnology ETF \| 2.24% \| \| XHB \| SPDR S&P Homebuilders ETF \| 1.73% \| \| PTH \| Invesco DWA Healthcare Momentum ETF \| 1.39% \| \| PKB \| Invesco Dynamic Building & Construction ETF\| 1.37% \| \| XNTK \| SPDR NYSE Technology ETF \| 1.22% \| \| SOXQ \| Invesco PHLX Semiconductor ETF \| 1.08% \| ### Sector & Industry 1 Day Performance Laggards \| Ticker \| Fund \| % Change \| \|----------\|-------------------------------------------\|----------\| \| XES \| SPDR S&P Oil & Gas Equipment & Services ETF\| -5.63% \| \| PSCE \| Invesco S&P SmallCap Energy ETF \| -5.44% \| \| PXI \| Invesco DWA Energy Momentum ETF \| -5.35% \| \| FTXN \| First Trust Nasdaq Oil & Gas ETF \| -4.96% \| \| FCG \| First Trust Natural Gas ETF \| -4.94% \| \| PXE \| Invesco Dynamic Energy Exploration & Production ETF \| -4.84% \| \| XOP \| SPDR S&P Oil & Gas Exploration & Production ETF \| -4.66% \| \| AMZA \| InfraCap MLP ETF \| -4.59% \| \| RYE \| Invesco S&P 500 Equal Weight Energy ETF \| -4.26% \| \| FXN \| First Trust Energy AlphaDEX Fund \| -3.92% \| ### Sector & Industry Most Overbought \| Ticker \| Fund \| RSI (14D) \| \|----------\|-------------------------------------------\|-----------\| \| IGN \| iShares North American Tech-Multimedia Networking ETF \| 77.82 \| \| PTF \| Invesco DWA Technology Momentum ETF \| 73.03 \| \| RYT \| Invesco S&P 500 Equal Weight Technology ETF \| 71.94 \| \| IDU \| iShares U.S. Utilities ETF \| 71.85 \| \| FIDU \| Fidelity MSCI Industrial Index ETF \| 71.48 \| \| PAVE \| Global X U.S. Infrastructure Development ETF \| 71.31 \| \| VIS \| Vanguard Industrials ETF \| 71.10 \| \| XSD \| SPDR S&P Semiconductor ETF \| 71.08 \| \| XLY \| Consumer Discretionary Select Sector SPDR Fund \| 71.04 \| \| XTL \| SPDR S&P Telecom ETF \| 71.00 \| ### Sector & Industry Most Oversold \| Ticker \| Fund \| RSI (14D) \| \|----------\|-------------------------------------------\|-----------\| \| KBWP \| Invesco KBW Property & Casualty Insurance ETF \| 31.84 \| \| RYE \| Invesco S&P 500 Equal Weight Energy ETF \| 42.24 \| \| XLE \| Energy Select Sector SPDR Fund \| 44.29 \| \| FCG \| First Trust Natural Gas ETF \| 44.44 \| \| PXI \| Invesco DWA Energy Momentum ETF \| 44.55 \| \| FTXN \| First Trust Nasdaq Oil & Gas ETF \| 44.57 \| \| IHE \| iShares U.S. Pharmaceuticals ETF \| 44.61 \| \| IEO \| iShares U.S. Oil & Gas Exploration & Production ETF \| 45.17 \| \| PXE \| Invesco Dynamic Energy Exploration & Production ETF \| 45.27 \| \| VDE \| Vanguard Energy ETF \| 45.33 \| ETF Landscape represented using the ETF Action classification system*Leaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify ### U.S. Sector Landscape \| Sector \| Funds \| AUM \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| \|-------------------------------\|-------\|-------\|------------\|------------\|------------\|------------\| \| Communication Services \| 9 \| $14B \| ($115M) \| ($150M) \| ($467M) \| ($580M) \| \| Consumer Discretionary \| 13 \| $25B \| $698M \| ($1,528M) \| ($3,187M) \| ($4,427M) \| \| Consumer Staples \| 12 \| $28B \| $172M \| $104M \| $3,216M \| $5,183M \| \| Energy \| 34 \| $71B \| ($613M) \| ($4,184M) \| ($3,840M) \| $1,019M \| \| Financials \| 28 \| $58B \| $219M \| ($8,620M) \| ($18,098M) \| ($7,417M) \| \| Health Care \| 26 \| $94B \| $242M \| $3,776M \| $7,876M \| $12,660M \| \| Industrial \| 14 \| $29B \| $488M \| ($2,329M) \| ($2,052M) \| ($5,162M) \| \| Materials \| 10 \| $14B \| $7M \| ($2,315M) \| ($456M) \| ($1,399M) \| \| Multi-Sector \| 19 \| $15B \| ($110M) \| ($513M) \| ($4,290M) \| ($3,736M) \| \| Real Estate \| 25 \| $69B \| ($7M) \| ($2,515M) \| ($5,131M) \| $2,160M \| \| Technology \| 24 \| $130B \| $711M \| $574M \| $288M \| $4,732M \| \| Utilities \| 10 \| $27B \| $135M \| $1,189M \| $3,697M \| $4,525M \| ### U.S. Sector & Industry Flow Leaders \| Ticker \| Fund \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| AUM \| \|--------\|-------------------------------------------\|----------\|-----------\|-----------\|-----------\|-----------\| \| XLK \| Technology Select Sector SPDR Fund \| $608M \| $522M \| $1,277M \| $2,220M \| $44,704M \| \| XLY \| Consumer Discretionary Select Sector SPDR Fund \| $573M \| ($985M) \| ($1,308M) \| ($962M) \| $16,672M \| \| XLI \| Industrial Select Sector SPDR Fund \| $456M \| ($1,061M) \| ($2,515M) \| ($4,525M) \| $13,511M \| \| XLV \| Health Care Select Sector SPDR Fund \| $184M \| $2,708M \| $5,748M \| $7,723M \| $40,049M \| \| SOXX \| iShares Semiconductor ETF \| $145M \| ($102M) \| ($14M) \| $1,125M \| $7,526M \| \| XRT \| SPDR S&P Retail ETF \| $134M \| $101M \| $349M \| ($361M) \| $518M \| \| XLP \| Consumer Staples Select Sector SPDR Fund \| $120M \| ($418M) \| $630M \| $1,793M \| $15,749M \| \| XLC \| Communication Services Select Sector SPDR Fund \| $102M \| $379M \| ($160M) \| ($86M) \| $10,019M \| \| XLF \| Financial Select Sector SPDR Fund \| $75M \| ($5,146M) \| ($11,002M)\| ($4,584M) \| $30,134M \| \| VPU \| Vanguard Utilities ETF \| $61M \| ($366M) \| $2M \| $430M \| $5,972M \| ### U.S. Sector & Industry Flow Laggards \| Ticker \| Fund \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| AUM \| \|--------\|-------------------------------------------\|----------\|-----------\|-----------\|-----------\|-----------\| \| XLE \| Energy Select Sector SPDR Fund \| ($531M) \| ($982M) \| ($2,989M) \| ($311M) \| $34,691M \| \| IGV \| iShares Expanded Tech-Software Sector ETF \| ($60M) \| $66M \| ($227M) \| $1,181M \| $4,607M \| \| XBI \| SPDR S&P BIOTECH ETF \| ($58M) \| $1,038M \| $1,684M \| $3,360M \| $7,810M \| \| XME \| SPDR S&P Metals & Mining ETF \| ($53M) \| ($660M) \| ($166M) \| ($42M) \| $1,911M \| \| FDN \| First Trust Dow Jones Internet Index Fund \| ($50M) \| ($209M) \| ($1,953M) \| ($2,512M) \| $4,575M \| \| VNQ \| Vanguard Real Estate ETF \| ($50M) \| ($1,871M) \| ($2,294M) \| $639M \| $40,251M \| \| ITB \| iShares U.S. Home Construction ETF \| ($44M) \| $2M \| ($544M) \| ($576M) \| $1,469M \| \| FTEC \| Fidelity MSCI Information Technology Index ETF \| ($38M) \| ($124M) \| ($140M) \| $180M \| $5,825M \| \| XOP \| SPDR S&P Oil & Gas Exploration & Production ETF \| ($21M) \| ($782M) \| ($876M) \| ($1,022M) \| $4,355M \| \| AMLP \| Alerian MLP ETF \| ($19M) \| ($42M) \| $266M \| $447M \| $6,499M \| * ETF Landscape represented using the ETF Action classification system Leaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify *** Flows delayed one day © ETF Action, Inc. 2022 U.S. Sector Rolling 30-Day Flows ETF Landscape represented using the ETF Action classification systemLeaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify *Flows delayed one day © ETF Action, Inc. 2022 Global Thematic Segment 1-Day Performance - Biotech (BIOT) 5.54% - Clean Energy: Solar (TAN) 2.07% - Clean Energy (PBW) 2.04% - Clean Energy: Wind (FAN) 1.87% - Genomics (ARKG) 1.69% - eSports & Video Games (ESPO) 1.41% - Disruptive Tech (ARKW) 1.38% - Evolving Consumer (SOCL) 1.24% - Big Data (AIQ) 0.96% - Multi-Theme (ARKK) 0.82% - Advanced Materials (REMX) 0.82% - Digital Payments (IPAY) 0.72% - Water (PHO) 0.71% - Casinos & Gaming (BETZ) 0.68% - 3D Printing (PRNT) 0.46% - Robotics & AI (ROBO) 0.45% - Connectivity (FIVG) 0.42% - Industrial Revolution (ARKQ) 0.31% - Cloud Computing (SKYY) 0.24% - FinTech (FINX) 0.23% - Online Retail (IBUY) 0.06% - NextGen Transportation (DRI) 0.04% - Digital Infrastructure (SRVR) 0.03% - Cannabis (MJ) 0.00% - Space (UFO) -0.05% - Smart Infrastructure (GRID) -0.07% - Blockchain (BLOK) -0.22% - Cyber Security (HACK) -1.41% Global Thematic 1-Day Performance Landscape Global Thematic 1-Day Performance Leaders \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| SBIO \| ALPS Medical Breakthroughs ETF \| 5.54% \| \| CNRG \| SPDR S&P Kensho Clean Power ETF \| 2.82% \| \| BTEC \| Principal Healthcare Innovators ETF \| 2.54% \| \| GNOM \| Global X Genomics & Biotechnology ETF \| 2.47% \| \| EMQQ \| EMQQ The Emerging Markets Internet & Ecommerce ETF \| 2.40% \| \| ARKF \| ARK Fintech Innovation ETF \| 2.34% \| \| TAN \| Invesco Solar ETF \| 2.07% \| \| PBW \| Invesco WilderHill Clean Energy ETF \| 2.04% \| \| CTEC \| Global X CleanTech ETF \| 1.94% \| \| ICLN \| iShares Global Clean Energy ETF \| 1.92% \| Thematic Most Overbought \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| EVX \| VanEck Environmental Services ETF \| 75.66 \| \| CGW \| Invesco S&P Global Water Index ETF \| 74.68 \| \| FIW \| First Trust Water ETF \| 74.54 \| \| ACES \| ALPS Clean Energy ETF \| 73.72 \| \| PHO \| Invesco Water Resources ETF \| 73.59 \| \| CNRG \| SPDR S&P Kensho Clean Power ETF \| 71.99 \| \| GRID \| First Trust Nasdaq Clean Edge Smart GRID Infrastructure ETF \| 71.79 \| \| ARKK \| ARK Space Exploration & Innovation ETF \| 71.41 \| \| SNSR \| Global X Internet of Things ETF \| 71.40 \| \| IPAY \| ETFMG Prime Mobile Payments ETF \| 71.40 \| Global Thematic 1-Day Performance Laggards \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| MSOS \| AdvisorShares Pure US Cannabis ETF \| -3.57% \| \| BUG \| Global X Cybersecurity ETF \| -2.30% \| \| YOLO \| AdvisorShares Pure Cannabis ETF \| -1.89% \| \| CIBR \| First Trust NASDAQ Cybersecurity ETF \| -1.57% \| \| HACK \| ETFMG Prime Cyber Security ETF \| -1.41% \| \| IHAK \| iShares Cybersecurity & Tech ETF \| -1.39% \| \| SAMT \| Strategas Macro Thematic Opportunities ETF \| -1.21% \| \| IDRV \| iShares Self-driving EV & Tech ETF \| -0.41% \| \| POTX \| Global X Cannabis ETF \| -0.27% \| \| BLOK \| Amplify Transformational Data Sharing ETF \| -0.22% \| Thematic Most Oversold \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| KGRN \| KraneShares MSCI China Clean Technology Index ETF \| 40.36 \| \| MSOS \| AdvisorShares Pure US Cannabis ETF \| 43.61 \| \| KWEB \| KraneShares CSI China Internet ETF \| 45.87 \| \| YOLO \| AdvisorShares Pure Cannabis ETF \| 48.64 \| \| MJ \| ETFMG Alternative Harvest ETF \| 51.21 \| \| SOCL \| Global X Social Media ETF \| 53.37 \| \| EMQQ \| EMQQ The Emerging Markets Internet & Ecommerce ETF \| 54.50 \| \| SAMT \| Strategas Macro Thematic Opportunities ETF \| 55.36 \| \| POTX \| Global X Cannabis ETF \| 55.88 \| \| AGNG \| Global X Aging Population ETF \| 57.23 \| ETF Landscape represented using the ETF Action classification system*Leaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify ### Thematic 1 Week Flow Leaders \| Ticker \| Fund \| Flow \| \|--------\|-------------------------------------------\|--------\| \| TAN \| Invesco Solar ETF \| $269M \| \| ICLN \| iShares Global Clean Energy ETF \| $22M \| \| ONLN \| ProShares Online Retail ETF \| $17M \| \| WCLD \| WisdomTree Cloud Computing Fund \| $14M \| \| DRIV \| Global X Autonomous & Electric Vehicles ETF \| $10M \| \| IDRIV \| iShares Self-driving EV & Tech ETF \| $8M \| \| FIW \| First Trust Water ETF \| $8M \| \| LIT \| Global X Lithium & Battery Tech ETF \| $7M \| \| CIBR \| First Trust NASDAQ Cybersecurity ETF \| $6M \| \| PHO \| Invesco Water Resources ETF \| $5M \| ### Thematic 1 Week Flow Laggards \| Ticker \| Fund \| Flow \| \|--------\|-------------------------------------------\|--------\| \| KWEB \| KraneShares CSI China Internet ETF \| ($307M)\| \| ARKK \| ARK Innovation ETF \| ($89M) \| \| FINX \| Global X FinTech ETF \| ($29M) \| \| ARKG \| ARK Genomic Revolution ETF \| ($23M) \| \| SRVR \| Pacer Benchmark Data & Infrastructure Real Estate SCTR ETF \| ($11M) \| \| EMQQ \| EMQQ The Emerging Markets Internet & Ecommerce ETF \| ($9M) \| \| PBW \| Pacer WilderHill Clean Energy ETF \| ($6M) \| \| TARK \| AXS 2X Innovation ETF \| ($6M) \| \| ARKF \| ARK Fintech Innovation ETF \| ($5M) \| \| REMX \| VanEck Rare Earth/Strategic Metals ETF \| ($5M) \| ### Thematic Landscape Assets & Flows \| Segment \| Funds \| AUM \| 1 Week \| 3 Month \| 6 Month \| 1 Year \| \|--------------------------\|-------\|-------\|--------\|---------\|---------\|---------\| \| Disruptive Tech \| 35 \| $20B \| $4M \| ($1,134M)\| ($313M) \| ($1,255M) \| \| Evolving Consumer \| 48 \| $11B \| ($288M)\| $706M \| $762M \| $4,756M \| \| FinTech \| 24 \| $4B \| ($36M) \| ($162M) \| ($20M) \| ($291M) \| \| Health Innovation \| 19 \| $4B \| $8M \| ($25M) \| ($241M) \| ($1,928M) \| \| Industrial Revolution \| 32 \| $13B \| $25M \| ($636M) \| ($1,050M)\| ($209M) \| \| Multi \| 42 \| $18B \| ($83M) \| $329M \| $2,008M \| $1,441M \| \| Sustainability \| 42 \| $20B \| $248M \| ($221M) \| ($264M) \| ($111M) \| \| Grand Total \| 242 \| $88B \| ($122M)\| ($1,143M)\| $882M \| $2,404M \| ### Thematic Monthly Flows - Disruptive Tech - Evolving Consumer - FinTech - Health Innovation - Industrial Revolution - Multi - Sustainability ETF Landscape represented using the ETF Action classification system* Leaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify **Flows delayed one day Developed Markets ex-U.S. Performance August 4, 2022 Developed ex-U.S. (EFA) - Closing Price - 50 Day Moving Average - 200 Day Moving Average Developed ex-U.S. 1-Day Performance Top 10 Countries \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| FKU \| First Trust United Kingdom AlphaDEX Fund \| 1.14% \| \| EDEN \| iShares MSCI Denmark ETF \| 1.10% \| \| CIL \| VictoryShares International Volatility Wtd ETF \| 0.96% \| \| EWG \| iShares MSCI Germany ETF \| 0.81% \| \| EWS \| iShares MSCI Singapore ETF \| 0.63% \| \| EFA \| Dev ex-U.S. (EFA) \| 0.51% \| \| EWY \| South Korea (EWY) \| 0.45% \| \| EWJ \| U.K. (EWJ) \| 0.00% \| \| EWA \| Japan (EWA) \| -0.04% \| \| EWC \| Australia (EWA) \| -0.04% \| \| EWC \| Canada (EWC) \| -0.09% \| Developed ex-U.S. 1-Day Performance Leaders \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| FKU \| First Trust United Kingdom AlphaDEX Fund \| 5.23% \| \| EDEN \| iShares MSCI Denmark ETF \| 2.47% \| \| CIL \| VictoryShares International Volatility Wtd ETF \| 2.09% \| \| EIRL \| iShares MSCI Ireland ETF \| 1.61% \| \| EWS \| iShares MSCI Singapore ETF \| 1.52% \| \| IQDG \| WisdomTree International Quality Dividend Growth Fund \| 1.36% \| \| EWD \| iShares MSCI Sweden ETF \| 1.35% \| \| EWG \| iShares MSCI Germany ETF \| 1.14% \| \| EWQ \| iShares MSCI France ETF \| 1.10% \| \| ISRA \| VanEck Israel ETF \| 1.03% \| Developed ex-U.S. Most Overbought \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| EWS \| iShares MSCI Singapore ETF \| 72.58 \| \| ENZL \| iShares MSCI New Zealand ETF \| 70.58 \| \| ISRA \| VanEck Israel ETF \| 66.14 \| \| EIS \| iShares MSCI Israel ETF \| 66.10 \| \| TOK \| iShares MSCI Kokusai ETF \| 65.45 \| \| EFG \| iShares MSCI EAFE Growth ETF \| 64.81 \| \| EFAD \| ProShares MSCI EAFE Dividend Growers ETF \| 64.05 \| \| IHDG \| WisdomTree International Hedged Quality Dividend Growth ETF \| 63.18 \| \| EWN \| iShares MSCI Netherlands ETF \| 63.07 \| \| HEDJ \| WisdomTree Europe Hedged Equity Fund \| 62.66 \| Developed ex-U.S. Monthly Flows - Aug 21 - Sep 21 - Oct 21 - Nov 21 - Dec 21 - Jan 22 - Feb 22 - Mar 22 - Apr 22 - May 22 - Jun 22 - Jul 22 - Aug 22 Developed ex-U.S. 1-Day Performance Laggards \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| GREK \| Global X MSCI Greece ETF \| -1.25% \| \| DJX \| WisdomTree Japan Hedged Equity Fund \| -1.15% \| \| HEWJ \| iShares Currency Hedged MSCI Japan ETF \| -1.01% \| \| NORW \| Global X MSCI Norway ETF \| -0.97% \| \| DBJP \| Xtrackers MSCI Japan Hedged Equity ETF \| -0.92% \| \| EWJV \| iShares MSCI Japan Value ETF \| -0.70% \| \| LVHI \| Franklin International Low Volatility High Dividend Index ETF \| -0.39% \| \| FDT \| First Trust Developed Markets ex-US AlphaDEX Fund \| -0.24% \| \| IVLU \| iShares MSCI Intl Value Factor ETF \| -0.22% \| \| FLCA \| Franklin FTSE Canada ETF \| -0.18% \| Developed ex-U.S. Most Oversold \| Ticker \| Fund \| Performance \| \|--------\|-------------------------------------------\|-------------\| \| EWH \| iShares MSCI Hong Kong ETF \| 42.58 \| \| DJX \| WisdomTree Japan Hedged Equity Fund \| 47.04 \| \| AIA \| iShares Asia SO ETF \| 47.20 \| \| IDOG \| ALPS International Sector Dividend Dogs ETF \| 49.02 \| \| FIDI \| Fidelity International High Dividend ETF \| 50.27 \| \| AAXJ \| iShares MSCI All Country Asia ex Japan ETF \| 51.05 \| \| HEWJ \| iShares Currency Hedged MSCI Japan ETF \| 51.08 \| \| LVHI \| Franklin International Low Volatility High Dividend Index ETF \| 51.09 \| \| DTH \| WisdomTree International High Dividend Fund \| 51.12 \| \| FYLD \| Cambria Foreign Shareholder Yield ETF \| 51.15 \| ETF Landscape represented using the ETF Action classification systemLeaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify *Flows delayed one day Emerging Markets Performance August 4, 2022 Emerging (EEM) Emerging 1-Day Performance Top 10 Countries - Brazil (EWZ) 2.84% - China (MCHI) 1.52% - Thailand (TLD) 1.24% - Malaysia (EWJ) 0.84% - Mexico (EWX) 0.73% - Emerging Markets (EEM) 0.70% - South Africa (EZA) 0.60% - Indonesia (EIDO) 0.38% - Taiwan (EWT) 0.14% - India (INDA) -0.46% Emerging 30-Day Rolling Flows Emerging 1-Day Performance Leaders \| Ticker \| Fund \| % Change \| \|--------\|-------------------------------------------\|----------\| \| EWZS \| iShares MSCI Brazil Small-Cap ETF \| 5.34% \| \| FLBR \| Franklin FTSE Brazil ETF \| 3.18% \| \| EWZ \| iShares MSCI Brazil ETF \| 2.84% \| \| FILLA \| Franklin FTSE Latin America ETF \| 2.41% \| \| PGJ \| Invesco Golden Dragon China ETF \| 2.18% \| \| ILF \| iShares Latin America 40 ETF \| 2.00% \| \| TUR \| iShares MSCI Turkey ETF \| 1.72% \| \| NFTY \| First Trust India NIFTY 50 Equal Weight ETF \| 1.71% \| \| FXI \| iShares China Large-Cap ETF \| 1.57% \| \| MCHI \| iShares MSCI China ETF \| 1.52% \| Emerging Most Overbought \| Ticker \| Fund \| % Change \| \|--------\|-------------------------------------------\|----------\| \| PIN \| iShares India ETF \| 71.27 \| \| FLIN \| Franklin FTSE India ETF \| 70.33 \| \| INDA \| iShares MSCI India ETF \| 68.11 \| \| EIDO \| iShares MSCI Indonesia ETF \| 67.56 \| \| QAT \| iShares MSCI Qatar ETF \| 66.81 \| \| EWZS \| iShares MSCI Brazil Small-Cap ETF \| 66.54 \| \| INDY \| iShares India 50 ETF \| 66.32 \| \| TUR \| iShares MSCI Turkey ETF \| 65.72 \| \| SMIN \| iShares MSCI India Small Cap ETF \| 65.71 \| Emerging Monthly Flows Emerging 1-Day Performance Laggards \| Ticker \| Fund \| % Change \| \|--------\|-------------------------------------------\|----------\| \| EPOL \| iShares MSCI Poland ETF \| -0.84% \| \| INDY \| iShares India 50 ETF \| -0.83% \| \| INDA \| iShares MSCI India ETF \| -0.46% \| \| EPI \| WisdomTree China Earnings Fund \| -0.34% \| \| FLIN \| Franklin FTSE India ETF \| -0.23% \| \| QAT \| iShares MSCI Qatar ETF \| -0.13% \| \| SMIN \| iShares MSCI India Small Cap ETF \| -0.13% \| \| PIN \| Invesco India ETF \| -0.10% \| \| KSA \| iShares MSCI Saudi Arabia ETF \| -0.02% \| \| PIE \| Invesco DWA Emerging Markets Momentum ETF \| 0.10% \| Emerging Most Oversold \| Ticker \| Fund \| % Change \| \|--------\|-------------------------------------------\|----------\| \| ECNS \| iShares MSCI China Small-Cap ETF \| 34.98 \| \| KBA \| KraneShares Bosera MSCI China A 50 Connect Index ETF \| 35.18 \| \| RAYC \| Rayliant Quantamental China Equity ETF \| 36.30 \| \| ASHR \| Xtrackers Harvest CSI 300 China A-Shares ETF \| 36.73 \| \| CNYA \| iShares MSCI China A ETF \| 36.80 \| \| GXC \| SPDR S&P China ETF \| 38.39 \| \| SDEM \| Global XMSCI SuperDividend Emerging Markets ETF \| 38.81 \| \| FLCH \| Franklin FTSE China ETF \| 39.30 \| \| CXSE \| WisdomTree China ex-State-Owned Enterprises Fund \| 39.93 \| \| MCHI \| iShares MSCI China ETF \| 40.24 \| ETF Landscape represented using the ETF Action classification systemLeaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify Flows delayed one day ## Fixed Income, Commodities & Currencies ### Fixed Income (AGG) - 200 Day Moving Average - 50 Day Moving Average - Closing Price** \| Ticker \| Name \| 1 Day \| 1 Month \| YTD \| \|--------\|-----------------------\|-------\|---------\|-------\| \| AGG \| U.S. Aggregate \| 0.24% \| 1.69% \| -7.88%\| \| SHY \| 1-3 Year Treasury Bonds \| 0.13% \| -0.07% \| -2.77%\| \| IEF \| 7-10 Year Treasury Bonds \| 0.51% \| 1.98% \| -7.81%\| \| TLT \| 20+ Year Treasury Bonds \| -0.03%\| 3.20% \| -18.56%\| \| TIP \| TIPS Bonds \| -0.02%\| 2.01% \| -5.72%\| \| FLOT \| Floating Rate Bonds \| 0.08% \| 0.62% \| -0.63%\| \| LQD \| Investment Grade Corporate \| 0.16% \| 3.35% \| -12.17%\| \| HYG \| High Yield Corporate \| 0.27% \| 6.44% \| -7.34%\| \| BKLN \| Senior Loan \| 0.52% \| 4.13% \| -2.11%\| \| PFF \| Preferred & Income Securities \| 0.00% \| 7.56% \| -7.92%\| \| MUB \| Municipal Bonds \| 0.02% \| 2.05% \| -5.58%\| \| MBB \| MBS \| 0.10% \| 1.92% \| -6.18%\| \| EMB \| Dollar Denominated EM Bonds \| 0.21% \| 3.31% \| -16.50%\| \| LEMB \| Local Currency EM Bond \| 0.64% \| 0.79% \| -12.37%\| ### Commodities (DJP) \| Ticker \| Name \| 1 Day \| 1 Month \| YTD \| \|--------\|-----------------------\|-------\|---------\|-------\| \| DJP \| Broad Commodities \| -0.06%\| 0.89% \| 21.92%\| \| DBE \| Energy \| -2.53%\| -10.04% \| 40.11%\| \| USO \| WTI Crude Oil \| -2.72%\| -12.42% \| 31.59%\| \| BNO \| Brent Crude Oil \| -3.01%\| -11.94% \| 40.41%\| \| UNG \| Natural Gas \| -1.26%\| 45.88% \| 125.54%\| \| UGA \| Gasoline \| -4.90%\| -20.39% \| 36.56%\| \| DBP \| Precious Metals \| 1.40% \| -0.47% \| -5.43%\| \| GLD \| Gold \| 1.65% \| -0.68% \| -2.22%\| \| SLV \| Silver \| 0.81% \| 1.80% \| -13.34%\| \| PPLT \| abrdn Physical Platin.\| 3.39% \| 4.60% \| -3.89%\| \| PALL \| abrdn Physical Pall. \| 2.58% \| 6.13% \| 9.10%\| \| DBB \| Base Metals \| 1.78% \| 1.04% \| -12.44%\| \| CPER \| Copper \| 0.33% \| -3.30% \| -22.46%\| \| LD \| Lead \| 5.38% \| 5.78% \| -10.73%\| \| JJN \| Nickel \| -1.44%\| 1.04% \| 8.03%\| \| JJU \| Aluminum \| 0.90% \| -4.03% \| -14.61%\| \| JJT \| Tin \| 0.44% \| -7.13% \| -35.99%\| \| DBA \| Agriculture \| 1.52% \| 0.40% \| 1.57%\| \| CORN \| Corn \| 1.53% \| -0.33% \| 13.88%\| \| SOYB \| Soybeans \| 3.35% \| 2.07% \| 16.79%\| \| WEAT \| Wheat \| 1.99% \| -4.87% \| 11.10%\| \| CANE \| Sugar \| -1.35%\| -4.17% \| -5.00%\| \| BAL \| Cotton \| 0.22% \| -2.14% \| 1.38%\| \| NIB \| Cocoa \| 3.44% \| 1.60% \| -13.79%\| \| JO \| Coffee \| 2.18% \| -2.12% \| -2.11%\| ### Currencies (UUP) \| Ticker \| Name \| 1 Day \| 1 Month \| YTD \| \|--------\|-----------------------\|-------\|---------\|-------\| \| UUP \| Long Dollar \| -0.63%\| 0.75% \| 10.26%\| \| UDN \| Short Dollar \| 0.66% \| -0.61% \| -9.89%\| \| FXE \| Euro \| 0.74% \| -1.86% \| -10.49%\| \| FXB \| British Pound Sterling\| 0.24% \| 0.65% \| -10.11%\| \| FXF \| Swiss Franc \| 0.59% \| 0.43% \| -5.14%\| \| FXY \| Japanese Yen \| 0.81% \| 1.75% \| -13.60%\| \| FXC \| Canadian Dollar \| -0.11%\| 0.28% \| -1.86%\| \| FXA \| Australian Dollar \| 0.33% \| 2.21% \| -4.23%\| * ETF Landscape represented using the ETF Action classification system*Leaders/Laggards/Overbought/Oversold ETFs must have $50 million to qualify Disclaimer of Warranties Except for the express warranties set forth in the terms of service, all services, including all ETF Action materials, are provided on an “as is,” “where is” basis, and ETF Action and its licensors disclaim all representations or warranties, express or implied as to the services. 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AMENDMENT TO THE 2016 THIRD ROUND HOUSING ELEMENT AND FAIR SHARE PLAN TOWNSHIP OF HARRISON \| GLOUCESTER COUNTY, NEW JERSEY MARCH 4, 2022 AMENDMENT TO THE 2016 THIRD ROUND HOUSING ELEMENT AND FAIR SHARE PLAN ADOPTED BY THE JOINT LAND USE BOARD ________________ ENDORSED BY THE TOWNSHIP COMMITTEE ________________ PREPARED BY: ELIZABETH McMANUS, PP, AICP, LEED AP NEW JERSEY PROFESSIONAL PLANNER LICENSE 5915 KYLE + McMANUS ASSOCIATES A SIGNED AND SEALED ORIGINAL IS ON FILE WITH THE CITY CLERK BRETT L HARRIS, AICP KYLE + McMANUS ASSOCIATES JOINT LAND USE BOARD Walter Bright, Chair Anthony DiFabio, Vice Chair Mayor Louis Manzo Committeewoman Julie DeLaurentis Dennis Chambers Steve Dickson Joseph Schwab Marissa Straccialini Constantine Benas Bill Madara, Alternate No. 1 Dennis Bonanni, Alternate No. 2 Mathew Cardile, Alternate No. 3 Robert Schumann, Alternate No. 4 Solicitor: Kevin A. Van Hise, Esq. Engineer: Hugh Dougherty, P.E., Pennoni Associates Planner: Robert Melvin, P.P., Pennoni Associates TOWNSHIP COMMITTEE Lou Manzo, Mayor Julie DeLaurentis John Williams Michelle Powell Adam Wingate Solicitor: Brian J. Duffield, Esq. # TABLE OF CONTENTS Introduction & Executive Summary ........................................................................................................... 3 Amended Satisfaction of the Prior Round Obligation .................................................................................. 4 Amended Satisfaction of the Third Round Obligation .................................................................................. 6 ## APPENDICES 2021 Settlement Agreement between Harrison Township and Fair Share Housing Center 2022 Updated Affirmative Marketing Plan 2021 Updated Affordable Housing Regulating Ordinance INTRODUCTION & EXECUTIVE SUMMARY The following amends the 2016 Third Round Housing Element and Fair Share Plan (hereinafter the “2016 Housing Plan”). As discussed therein, the 2016 Housing Plan was prepared as part of a 2016 Settlement Agreement between Harrison Township and Fair Share Housing Center (hereinafter “FSHC”). Prior to the Settlement Agreement being approved by Superior Court at a Fairness Hearing, or the 2016 Housing Plan being approved by Superior Court at a Compliance Hearing, it was determined that the 2016 Settlement Agreement was in need of amendment to reflect an improperly calculated third round obligation. To rectify an error in the obligation, the Township entered into a new Settlement Agreement with FSHC on November 18, 2019 (hereinafter the “2019 Settlement Agreement”). A 2020 Amendment to the Housing Element and Fair Share Plan (hereinafter the “2020 Housing Plan”) was prepared and was adopted by the Joint Land Use Board on December 03, 2020, which addressed the change in the Third Round Obligation from 546 units identified in the 2016 Housing Plan to 625 units set forth in the 2019 Settlement Agreement and addressed herein. The Township entered into a new Settlement Agreement (hereinafter the “2021 Settlement Agreement”) with FSHC because of the anticipated sale of certain parcels in the Richwood Village by Madison Marquette, LLC to MOTUS, and the changed development plans that resulted. This 2022 Amendment addresses the change in plans and the updated affordable housing strategies that will satisfy the Prior Round and Third Round Obligations. This 2021 Amendment supersedes and replaces the 2020 Housing Plan. The Rehabilitation Obligation remains at 0 units. While no rehabilitation program is required, the Township will continue participation in the Gloucester County Home Improvement Loan Program as stated in the 2016 Housing Plan. The Prior Round Obligation remains at 198 units. The Township will satisfy this obligation as set forth in the 2016 Housing Plan, with the exception of the Visalli Tract, which is now proposed to be developed at a higher density. Further details regarding the changes to the Visalli Tract project can be found in the following section. The Third Round Obligation is 625 units. The Township will satisfy this obligation using some of the strategies outlined in the 2016 Housing Plan, specifically Mullica West Apartments, Mullica West Expansion, and Visalli Tract. Additional strategies have been identified, and include Mullica West Senior Development, Project Freedom/Richwood, and Circle Haven. Further details regarding the newly proposed strategies can be found in the following Third Round Obligation Section. AMENDED SATISFACTION OF THE PRIOR ROUND OBLIGATION The Township’s Prior Round Obligation, pursuant to the 2021 Settlement Agreement, is 198 units. The following table summarizes the affordable housing strategies to meet this obligation. \| Program \| Units \| Bonus Credits \| Total Credits \| \|------------------------------------------------------------------------\|---------\|---------------\|---------------\| \| Regional Contribution Agreement w/ City of Woodbury (2004) \| 22 \| 0 \| 22 \| \| Walnut Glen/Spring Mill (Block 57, Lot 22.03) Non-Inclusionary Family Rentals \| 93 \| 50 \| 143 \| \| Visalli Tract (Block 45, Lot 16) Inclusionary Family Rentals/For-Sale (30 of 102 to the Prior Round) \| 30 \| 0 \| 30 \| \| Newpoint Group Home (244 Tomlin Station Road) \| 3 \| 0 \| 3 \| \| Total \| 148 \| 50 \| 198 \| Regional Contribution Agreement The 22-units remain as set forth in the 2016 Housing Plan. Walnut Glen/Spring Mill The 93-units and 50-bonus credits remain as set forth in the 2016 Housing Plan. Visalli Tract The Visalli tract, Block 45 Lot 16, is a 63.5-acre tract located on Swedesboro Road and is located adjacent to farmland to the north, an elementary school and commercial uses to the east, and an existing single-family home development to the west. Across Swedesboro Road, to the south, are existing single-family homes. The site was subject to a 2010 settlement agreement and received preliminary major subdivision approval for a 205-unit age restricted development, which included 24 affordable units. The site remains suitable for the production of affordable housing, as required by N.J.A.C. 5:93-5.3. The property owner/developer provided correspondence dated December 17, 2021, stating they no longer intend to pursue an age-restricted development and that the prior approvals have been abandoned. As depicted in the 2021 Settlement Agreement, the Township shall rezone the tract for approximately eight units an acre, to permit a non-age-restricted family development of at least 508 total units. An affordable housing set aside of 20% shall be applied, resulting in at least 102 affordable family units. The residential units are permitted as townhomes and multifamily buildings. The affordable housing project will meet the applicable requirements for inclusionary housing in the substantive rules, as well as the Uniform Housing Affordability Control rules (UHAC) (N.J.A.C. 5:80-26.1 et seq.). See below as well as supplementary documentation in support of this site in the Appendices. - Administrative Entity. The Township anticipates that the affordable housing developer will administer and affirmatively market the units at the site, income qualify applicants, place minimum 30-year affordability controls on the units and provide long term administration of the units in accordance with COAH’s rules at N.J.A.C. 5:93 et seq. and UHAC per N.J.A.C. 5:80-26. - Low/Moderate Income Split. The site shall comply with the required split of low and moderate income units, which shall include not less than 50% of the units being reserved for low income households. Additionally, at least 13% of all affordable units shall be reserved for very low income households. If the actual number of affordable units constructed is an odd number, the units will always be split in favor of the low-income unit share per N.J.A.C. 5:93-7.2 and the UHAC at N.J.A.C. 5:80-26. - Affirmative Marketing. The affordable units will be affirmatively marketed in accordance with COAH’s rules at N.J.A.C. 5:93 et seq. and N.J.A.C. 5:80-26. - Controls on Affordability. The affordable units will have minimum 30-year affordability controls in accordance with COAH’s rules and UHAC regulations. - Bedroom Distribution. The developer will follow the UHAC requirements regarding bedroom distribution for the affordable housing development on the site. - Phasing. The developer shall follow the phasing schedule set forth in N.J.A.C. 5:93-5.6(d). The Visalli tract units are split between the Prior and Third Round Obligation, with 30 units counting towards the Prior Round Obligation. Newpoint Group Home The 3-units remain as set forth in the 2016 Housing Plan. Additional Prior Round Obligations In addition to meeting the total 198 Prior Round Obligation, the Township must also meet a rental obligation and maximum senior units. Minimum Rental = 157 units \[ .25 \text{ (prior obligation)} = 50 \text{ units} \quad \| \quad .25 \times 198 = 49.5, \text{ rounded up to 50} \] This obligation is satisfied with the Walnut Glen/Spring Mill development. Maximum Senior = 156 units \[ .25 \text{ (prior obligation)} = 50 \text{ units} \quad \| \quad .25 \times 198 = 49.5, \text{ rounded up to 50} \] The Township does not use senior housing to meet the obligation. AMENDED SATISFACTION OF THE THIRD ROUND OBLIGATION The Township’s Third Round Obligation is established in the 2021 Settlement Agreement is 625 units. The following table summarizes the affordable housing strategies to meet this obligation. \| Program \| Units \| Bonus Credits \| Total Credits \| \|------------------------------------------------------------------------\|---------\|---------------\|---------------\| \| Mullica West Apartments (Block 52 Lot 8) \| 168 \| 46 \| 214 \| \| 100% Affordable Family Rentals \| \| \| \| \| Mullica West Expansion (Block 52, Lot 9) \| 48 \| 48 \| 96 \| \| 100% Affordable Family Rentals \| \| \| \| \| Visalli Tract (Block 45 Lot 16) \| 72 \| 0 \| 72 \| \| Inclusionary Family Rentals/For-Sale \| \| \| \| \| (72 of 102 to the Third Round) \| \| \| \| ### Satisfaction of the 625-unit Third Round Obligation \| Program \| Units \| Bonus Credits \| Total Credits \| \|------------------------------------------------------------------------\|---------\|---------------\|---------------\| \| Mullica West Senior Development (Block 52 Lots 8 & 9) 100% Affordable Senior Rentals \| 96 \| 0 \| 96 \| \| Project Freedom/Richwood (Block 2 Lot 1) 100% Affordable Special Needs/Family Rentals \| 84 \| 63 \| 147 \| \| Circle Haven (Block 38 Lot 6) Supportive/Special Needs \| 30 \| 0 \| 30 \| \| Total \| 498 \| 157 \| 655 \| #### Mullica West Apartments The 168-units remain as set forth in the 2016 Housing Plan. These apartments, which are proposed as extensions of affordability, remain as set forth in the 2016 Housing Plan – with one exception. Eighteen (18) of the units are restricted in a way that would allow a household earning greater than 80% of median income to reside. In an effort to rectify this, the Township has worked with the owner to record a deed restriction limiting occupancy of those units to households at or below 80% of median income. #### Mullica West Expansion The 48-units remain as set forth in the 2016 Housing Plan. #### Visalli Tract The Visalli tract units are split between the Prior and Third Round Obligation, with 72 units counting towards the Third Round Obligation. The project description can be found in the Prior Round Obligation section herein. Mullica West Senior Development The Mullica West Senior Development is a new 96-unit 100% affordable senior development, located to the north of the Mullica West Apartments, near the intersection of Mt Cavalry Lane and High Street. The site is composed of Block 52 Lots 8 and 9. To the north, across High Street are existing single-family homes and the Mt Calvary Baptist Church. Wooded areas, farmland, and single-family homes exist to the east, south, and west of the site. As stated in the 2021 Settlement Agreement, the developer, Ron Rukenstein Associates will pursue 4% or 9% Low Income Housing Tax Credits in the 2022 and, if necessary, in the 2023 application cycle. The Township has indicated it shall support and facilitate all tax credit applications and will provide $650,000 to assist with pre-development costs. Additionally, the Township has agreed and that it shall be obligated to bond for the cost of construction if sufficient outside funding is not secured. This site is suitable for production of low- and moderate-income housing, as described below. - “Available site” means a site with clear title, free of encumbrances which preclude development for low- and moderate-income housing. The Township and Ron Rukenstein Associates represent that the site has a clear title and has no encumbrances which would preclude its development with affordable housing in accordance with the Agreement. - “Suitable site” means a site that is adjacent to compatible land uses, has access to appropriate streets and is consistent with the environmental policies delineated in N.J.A.C. 5:93-4. As detailed above, the site is adjacent to compatible land uses, and appears to have access to High Street and Woodstown Road. Additionally, there are minimal environmental constraints associated with the site that do not preclude development of 96 housing units in accordance with the agreement. - “Developable site” means a site that has access to appropriate water and sewer infrastructure, and is consistent with the applicable areawide water quality management plan (including the wastewater management plan) or is included in an amendment to the areawide water quality management plan submitted to and under review by DEP. The site is located in the Mullica Hill sewer service area with sewer service provided by Harrison Township, and the water service area served by New Jersey American Water. - “Approvable site” means a site that may be developed for low and moderate income housing in a manner consistent with the rules or regulations of all agencies with jurisdiction over the site. A site may be approvable although not currently zoned for low and moderate income housing. The site appears to be developable consistent with the Residential Site Improvement Standards, N.J.A.C. 5:21. The site does not contain any historic or architecturally important structures and is not within an historic district. In addition to determining whether the site and proposed development is suitable pursuant to the above definitions, COAH’s rules, in N.J.A.C. 5:93-5.4, provide guidance as to where in the state inclusionary housing in encouraged. COAH’s rules rely on the 2001 State Development and Redevelopment Plan (SDRP) for this guidance and state inclusionary housing in Planning Areas 1, 2, and Centers is encouraged. The majority of land in Harrison Township is designated as Planning Area 3, the Fringe Planning Area. An eastern portion of the Township is designated as designated as Planning Area 2 the Suburban Planning Area, and a western portion of the Township has lands in Planning Area 4, the Rural Planning Area. The site is in Planning Area 3, the Fringe Planning Area. Notwithstanding, the site is in proximity to public schools, as well as residential uses on the same site, ensuring it is suitable for the production of affordable housing. Project Freedom/Richwood The Project Freedom/Ridgewood project is a new 84-unit 100% affordable special needs and family rental development. Of the 84 units, 21 will be special needs units and at least 63 will be affordable family rentals. The site is located on the southernly portion of Block 2 Lot 1, in the eastern portion of the Township, on Richwood Aura Road. Adjacent land uses include single-family homes, farmland, and wooded areas. State Route 55 is located directly adjacent to the east. The developer, MOTUS, intends to pursue the development of a soccer/multi-sport complex with commercial uses on the remainder of the lands in the Richwood Redevelopment Area. The Township has indicated it will partner with the developer, MOTUS, on the 84-unit development. As depicted in the 2021 Settlement Agreement, the developer will pursue 4% or 9% Low Income Housing Tax Credits in the 2022 and, if necessary, in the 2023 application cycle. The Township has indicated it shall support and facilitate all tax credit applications and will a subsidy to assist with pre-development costs. It is anticipated the subsidy will be in the same range as the Mullica West Senior project, $650,000. Additionally, the Township has agreed and that it shall be obligated to bond for the cost of construction if sufficient outside funding is not secured. The proposed development shall comply with all affordable housing requirements. This site is suitable for production of low- and moderate-income housing, as described below. - “Available site” means a site with clear title, free of encumbrances which preclude development for low and moderate income housing. The Township and MOTUS represent that the site has a clear title and has no encumbrances which would preclude its development with market rate and affordable housing in accordance with the Agreement. “Suitable site” means a site that is adjacent to compatible land uses, has access to appropriate streets and is consistent with the environmental policies delineated in N.J.A.C. 5:93-4. As detailed above, the site is adjacent to compatible land uses and access will be provided to Richwood Aura Road. There are no environmental constraints associated with the site. “Developable site” means a site that has access to appropriate water and sewer infrastructure, and is consistent with the applicable areawide water quality management plan (including the wastewater management plan) or is included in an amendment to the areawide water quality management plan submitted to and under review by DEP. The site does not currently have sewer/water infrastructure. As set forth in the Township’s 2021 settlement agreement, it is anticipated that sewer service will be obtained through the Gloucester County Utilities Authority and water service through New Jersey American Water. The Township has confirmed the utilities have adequate capacity to service the Project Freedom development. MOTUS has committed to bear full responsibility for extending sewer and water infrastructure lines within five feet of Block 2, Lot 1. “Approvable site” means a site that may be developed for low and moderate income housing in a manner consistent with the rules or regulations of all agencies with jurisdiction over the site. A site may be approvable although not currently zoned for low and moderate income housing. The site appears to be developable consistent with the Residential Site Improvement Standards, N.J.A.C. 5:21. The site does not contain any historic or architecturally important structures and is not within an historic district. In addition to determining whether the site and proposed development is suitable pursuant to the above definitions, COAH’s rules, in N.J.A.C. 5:93-5.4, provide guidance as to where in the state inclusionary housing in encouraged. COAH’s rules rely on the 2001 State Development and Redevelopment Plan (SDRP) for this guidance and state inclusionary housing in Planning Areas 1, 2, and Centers is encouraged. The site is in Planning Area 2, the Suburban Planning Area, in accordance with where affordable housing is encouraged. In addition to site suitability, the affordable housing project will meet the applicable requirements for 100% affordable housing projects in the substantive rules, as well as the Uniform Housing Affordability Control rules (UHAC) (N.J.A.C. 5:80-26.1 et seq.). See below as well as supplementary documentation in support of this site in the Appendices. - Developer Selection. The Township has partnered with an experienced affordable housing developer – Project Freedom - who will construct, own and manage the site. - Administrative Entity. The affordable housing developer will administer and affirmatively market the units at the site, income qualify applicants, place minimum 30-year affordability controls on the units and provide long term administration of the units in accordance with COAH’s rules at N.J.A.C. 5:93 et seq. and UHAC per N.J.A.C. 5:80-26. Low/Moderate Income Split. The site shall comply with the required split of low and moderate income units, which shall include not less than 50% of the units being reserved for low income households. Additionally, at least 13% of all affordable units shall be reserved for very low income households. If the actual number of affordable units constructed is an odd number, the units will always be split in favor of the low-income unit share per N.J.A.C. 5:93-7.2 and the UHAC at N.J.A.C. 5:80-26. Affirmative Marketing. The affordable units will be affirmatively marketed in accordance with COAH’s rules at N.J.A.C. 5:93 et seq. and N.J.A.C. 5:80-26. Controls on Affordability. The affordable units will have minimum 30-year affordability controls in accordance with COAH’s rules and UHAC regulations. Bedroom Distribution. The Township’s affordable housing developer will follow the UHAC requirements regarding bedroom distribution for the affordable housing development on the site. Funding. The Township anticipates that the developer will apply for various funding sources, including Federal Low-income Housing Tax Credits. A shortfall of funds will be addressed through the use of outside funding sources, including the municipal Affordable Housing Trust fund and other sources of municipal revenues to the extent necessary. Construction Schedule. A construction schedule has been developed for the site that notes each step in the development process, including preparation of the site plan, receiving municipal approvals, submission of funding applications and beginning construction. The Township’s affordable housing developer will be responsible for monitoring the construction and development activity. Circle Haven The Circle Haven project is a 30-unit 100% affordable special needs development that the Township is proposing to sponsor. Based on the 2021 Settlement Agreement, the site is currently municipally owned, and will be conveyed to Acenda Integrated Health. In the 2016 Housing Plan, the Township identified the site as a potential site for future affordable housing, referring to it as the Cedar-Breakneck Road site. The site was not proposed to satisfy the Third Round Obligation, but now is. The site is Block 38 Lot 6, with frontage on Colson Lane and Cedar Road. The Harrison Township Public Works facility currently occupies the southern portion of the site with access on Colson Lane. Adjacent uses include single-family homes, wooded areas, farmland, and schools. The Pleasant Valley Elementary School is directly adjacent to the east, and the Clearview Regional High School is located to the north. As depicted in the 2021 Settlement Agreement, Acenda will pursue funding through the NJ Department of Human Services as well as other outside funding, such as 4% Low Income Housing Tax Credits, to finance the construction of the project. The Township shall be responsible for covering any gap financing necessary to start construction. Additionally, the Township has agreed and that it shall be obligated to bond for the cost of construction, deducting only firmly committed funding from outside sources at that time from the bond amount for the total cost necessary to complete the project. This site is suitable for production of low and moderate income housing, subject to the terms of the durational adjustment, as described below. - “Available site” means a site with clear title, free of encumbrances which preclude development for low and moderate income housing. The Township and Acenda represent that the site has a clear title and has no encumbrances which would preclude its development with market rate and affordable housing in accordance with the Agreement. - “Suitable site” means a site that is adjacent to compatible land uses, has access to appropriate streets and is consistent with the environmental policies delineated in N.J.A.C. 5:93-4. As detailed above, the site is adjacent to compatible land uses with potential access to Colson Lane and Cedar Road. Additionally, while environmental constraints are present on the site, they do not preclude development of 30 units in accordance with the agreement. - “Developable site” means a site that has access to appropriate water and sewer infrastructure, and is consistent with the applicable areawide water quality management plan (including the wastewater management plan) or is included in an amendment to the areawide water quality management plan submitted to and under review by DEP. The site is located in the Mullica Hill sewer service area with service provided by the Township, and the water service area served by New Jersey American Water. - “Approvable site” means a site that may be developed for low and moderate income housing in a manner consistent with the rules or regulations of all agencies with jurisdiction over the site. A site may be approvable although not currently zoned for low and moderate income housing. The site appears to be developable consistent with the Residential Site Improvement Standards, N.J.A.C. 5:21. The site does not contain any historic or architecturally important structures and is not within an historic district. - In addition to determining whether the site and proposed development is suitable pursuant to the above definitions, COAH’s rules, in N.J.A.C. 5:93-5.4, provide guidance as to where in the state inclusionary housing in encouraged. COAH’s rules rely on the 2001 State Development and Redevelopment Plan (SDRP) for this guidance and state inclusionary housing in Planning Areas 1, 2, and Centers is encouraged. The majority of land in Harrison Township is designated as Planning Area 3, the Fringe Planning Area. An eastern portion of the Township is designated as designated as Planning Area 2 the Suburban Planning Area, and a western portion of the Township has lands in Planning Area 4, the Rural Planning Area. The site is in Planning Area 3, the Fringe Planning Area. Notwithstanding, the site is in proximity to public schools, as well as residential uses, ensuring it is suitable for the production of affordable housing. In addition to site suitability, the affordable housing project will meet the applicable requirements for 100% affordable housing projects in the substantive rules, as well as the Uniform Housing Affordability Control rules (UHAC) (N.J.A.C. 5:80-26.1 et seq.). See below as well as supplementary documentation in support of this site in the Appendices. - Developer Selection. The Township has partnered with an experienced affordable housing developer – Project Freedom - who will construct, own and manage the site. - Administrative Entity. The affordable housing developer will administer and affirmatively market the units at the site, income qualify applicants, place minimum 30-year affordability controls on the units and provide long term administration of the units in accordance with COAH’s rules at N.J.A.C. 5:93 et seq. and UHAC per N.J.A.C. 5:80-26. - Low/Moderate Income Split. The site shall comply with the required split of low and moderate income units, which shall include not less than 50% of the units being reserved for low income households. Additionally, at least 13% of all affordable units shall be reserved for very low income households. If the actual number of affordable units constructed is an odd number, the units will always be split in favor of the low-income unit share per N.J.A.C. 5:93-7.2 and the UHAC at N.J.A.C. 5:80-26. - Affirmative Marketing. The affordable units will be affirmatively marketed in accordance with COAH’s rules at N.J.A.C. 5:93 et seq. and N.J.A.C. 5:80-26. - Controls on Affordability. The affordable units will have minimum 30-year affordability controls in accordance with COAH’s rules and UHAC regulations. - Bedroom Distribution. The Township’s affordable housing developer will follow the UHAC requirements regarding bedroom distribution for the affordable housing development on the site. - Funding. The Township anticipates that the developer will apply for various funding sources, including Federal Low-income Housing Tax Credits. A shortfall of funds will be addressed through the use of outside funding sources, including the municipal Affordable Housing Trust fund and other sources of municipal revenues to the extent necessary. - Construction Schedule. A construction schedule has been developed for the site that notes each step in the development process, including preparation of the site plan, receiving municipal approvals, submission of funding applications and beginning construction. The Township’s affordable housing developer will be responsible for monitoring the construction and development activity. Additional Third Round Obligations In addition to meeting the total 625 Third Round Obligation, the Township must also meet a rental obligation, maximum senior units, family obligation, and the very low income obligation. Minimum Rental = 157 units \[ 0.25 \text{ (third round obligation)} = 157 \text{ units} \quad \| \quad 0.25 \times 625 = 156.25, \text{ rounded up to 157} \] This obligation is satisfied with the Mullica West Apartments, Mullica West Expansion, and Project Freedom / Richwood Village. Maximum Senior = 156 units \[ 0.25 \text{ (third round obligation)} = 156 \text{ units} \quad \| \quad 0.25 \times 625 = 156.25, \text{ rounded down to 156} \] The Township uses 96 senior rentals at the Mullica West Senior Development. Minimum Family = 328 units \[ 0.50 \text{ (third round obligation)} = 328 \text{ units} \quad \| \quad 0.50 \times 655 = 327.5, \text{ rounded up to 328} \] This obligation is satisfied with Mullica West Apartments, Mullica West Expansion, the Visalli Tract and Project Freedom / Richwood Village (63 units). Minimum Family Rental: 79 units \[ 0.50 \text{ (rental obligation)} = 79 \text{ units} \quad \| \quad 0.50 \times 157 = 78.5, \text{ rounded up to 79} \] This obligation is satisfied with Mullica West Apartments, Mullica West Expansion, and Project Freedom / Richwood Village (63 units). Minimum Very Low Income = 43 units \[ 0.13 \text{ (units created or approved on or after July 1, 2008)} = 43 \text{ units} \quad \| \quad 0.13 \times 330 = 42.9, \text{ rounded up to 43 units} \] This obligation is created by the Visalli Tract (72 Third Round units), Mullica West Expansion (48 family rental units), Mullica West Senior Development (96 family rental units), Project Freedom / Richwood Village (84 family and special needs units), and Circle Haven (30 special needs rental units). This obligation is satisfied with the Visalli Tract (14 family units), Mullica West Senior Development (13 family rental units), Project Freedom / Richwood Village (11 units, including 9 family rental units), and Circle Haven (5 special needs rental units). AFFORDABLE HOUSING SITES HARRISON TOWNSHIP, GLOUCESTER COUNTY, NJ LEGEND - Municipal Boundary - 100 Year Floodplain - Water - Affordable Housing Sites - 500 Year Floodplain - Wetlands - 15% Slopes & Above VISALLI TRACT BLOCK 45 LOT 16 HARRISON TOWNSHIP, GLOUCESTER COUNTY, NJ LEGEND - Municipal Boundary - Affordable Housing Site - 100 Year Floodplain - 500 Year Floodplain - Water - Wetlands - 15% Slopes & Above DATA SOURCES: Aerial Imagery - Google Earth (2017); NJDEP Gloucester County Parcel Data; NJDEP Flood Hazard Data; NJDEP 2012 Wetlands; 2015 NJDEP Land Use; GWNJ Navigable Boundaries; NJDOT Roadway Network This image is distributed using ESRI ArcGIS Desktop 10.3.1 and ESRI ArcMap 10.3.1. All data sources are copyrighted by their respective owners and their names are authorized. CIRCLE HAVEN BLOCK 38 LOT 6 HARRISON TOWNSHIP, GLOUCESTER COUNTY, NJ LEGEND - Municipal Boundary - Affordable Housing Site - 15% Slopes & Above - 100 Year Floodplain - 500 Year Floodplain - Water - Wetlands MULLICA WEST BLOCK 52 LOTS 8 & 9 HARRISON TOWNSHIP, GLOUCESTER COUNTY, NJ LEGEND - Municipal Boundary - Affordable Housing Site - 100 Year Floodplain - 500 Year Floodplain - Water - Wetlands - 15% Slopes & Above PROJECT FREEDOM/RICHWOOD BLOCK 2 LOT 1 HARRISON TOWNSHIP, GLOUCESTER COUNTY, NJ LEGEND - Municipal Boundary - Affordable Housing Site - 100 Year Floodplain - 500 Year Floodplain - Water - Wetlands - 15% Slopes & Above DATA SOURCE: Aerial Imagery; Google Earth Elevation (7/18/2020); NJDEP Glouster County Parcel; 2017 FEMA Flood Hazard Data; NJDEP 2012 Wetlands; 2019 NJDEP Forest Use Survey; NGS/NJ Municipal Boundaries; NJDEP Roadway Network This map was developed using NJDEP data. This secondary product has not been UDEP certified and is not State authorized. KMA POLICY PLANNING DESIGN WALNUT GLEN/SPRING MILL BLOCK 57 LOT 22.03 HARRISON TOWNSHIP, GLOUCESTER COUNTY, NJ LEGEND - Municipal Boundary - Affordable Housing Site - 15% Slopes & Above - 100 Year Floodplain - 500 Year Floodplain - Water - Wetlands DATA SOURCE: Digital Imagery: Google Earth; County Data: 2020 NJDEP Real Estate Data; NPSN 2012 Wetlands; 2012 NJDEP Land Use Code; NPSN; Municipal Boundary: NJDEP Township Network. The map is developed by NJDEP & NPSN. The map is for reference purposes only and does not constitute a legal survey. APPENDICES December 20, 2021 Kevin A. Van Hise, Esq. Mason, Griffin & Pierson, PC 101 Poor Farm Road Princeton, New Jersey 08540 Re: In the Matter of the Application of the Township of Harrison, Docket No. GLO-L-908-15 Dear Mr. Van Hise: This letter memorializes the terms of an amended Settlement Agreement reached between the Township of Harrison (the “Township” or “Harrison”), the declaratory judgment plaintiff, and Fair Share Housing Center (“FSHC”), a Supreme Court-designated interested party in accordance with In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1, 30 (2015) (Mount Laurel IV), and, through settlement, a defendant-intervenor in this matter. This Settlement Agreement is subject to review and approval by the Court following a duly-noticed fairness hearing and, if approved, shall supersede and replace in its entirety the November 14, 2019 Settlement Agreement between Harrison and FSHC, which is attached hereto as Exhibit A, and was previously approved by the Court following a duly-noticed fairness hearing. Background In accordance with Mount Laurel IV, Harrison is seeking a declaration of its compliance with the Mount Laurel doctrine and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq. Through the declaratory judgment process, the Township and FSHC agreed in November 2019 to settle the litigation and to present an agreement to the trial court with jurisdiction over this matter to review, recognizing that the settlement of Mount Laurel litigation is favored because it ends delays and the expense of trial and results more quickly in the construction of homes for very-low-, low- and moderate-income households. This amended Settlement Agreement was necessitated by the anticipated sale of certain parcels in Richwood Village by Madison Marquette, LLC, to MOTUS, and the changed plans that will result. This Settlement Agreement supersedes all prior writings between the parties and, once implemented, will create a realistic opportunity for the construction of a substantial number of new affordable homes for very-low-, low-, and moderate-income households. Settlement Agreement Terms The Township and FSHC hereby agree to the following terms: 1. The Township, through the adoption of a Housing Element and Fair Share Plan (“fair share plan” or “HEFSP”) conforming with the terms of this Agreement, and through the expeditious implementation of the fair share plan and this Agreement, will satisfy its obligations under the Mount Laurel doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., for the Prior Round (1987-1999) and Third Round (1999-2025). 2. At this time and at this particular point in the process, resulting from the Supreme Court's Mount Laurel IV decision, when Third Round fair share obligations have yet to be definitively determined, it is appropriate for the parties to arrive at a settlement regarding a municipality's Third Round present and prospective need instead of doing so through plenary adjudication of the present and prospective need. 3. Harrison hereby agrees that its fair share obligations are as follows: \| Development/Compliance Mechanism \| Details/Status \| Units \| Bonuses \| \|----------------------------------\|----------------\|-------\|---------\| \| Rehabilitation/Present Need Obligation (per Kinsey Report) \| 0 \| \| \| \| Prior Round Prospective Need Obligation (pursuant to N.J.A.C. 5:93) \| 198 \| \| \| \| Third Round (1999-2025) Prospective Need (per Kinsey Report, as adjusted in this Agreement) \| 625 \| \| \| 4. For purposes of this Agreement, the Third Round Prospective Need shall be deemed to include the Gap Period Present Need, which is a measure of households formed from 1999-2015 that need affordable housing, which was established by the New Jersey Supreme Court in In re Declaratory Judgment Actions Filed By Various Municipalities, 227 N.J. 508 (2017). 5. Rehabilitation/Present Need. The Township does not have a present need obligation, and thus no action is required to address it. 6. Prior Round. As noted above, the Township has a Prior Round Prospective Need Obligation of 198 units, which is met through the following compliance mechanisms: \| Developments/Compliance Mechanisms \| Details/Status \| Units \| Bonuses \| \|------------------------------------\|----------------\|-------\|---------\| \| Regional Contribution Agreement w/City of Woodbury (2004) \| Completed (Funds Transferred) \| 22 \| 0 \| \| Walnut Glen/Spring Mill (Block 57, Lot 22.03) Non-Inclusionary Family Rentals \| Completed \| 93 \| 50 \| \| Visalli Tract (Block 45, Lot 16) Inclusionary Family Rentals/For-Sale (30 of 102 to the Prior Round) \| Proposed \| 30 \| 0 \| \| Newpoint Group Home (244 Tomlin Station Road) \| Completed \| 3 \| 0 \| \| Total: \| \| 148 \| 50 \| \| \| \| 198 credits \| \| --- 1 David N. Kinsey, PhD, P.P., F.A.I.C.P., "New Jersey Low and Moderate Income Housing Obligations for 1999-2025 Calculated Using the NJ COAH Prior Round (1987-1999) Methodology," dated May 2016. 7. Third Round. As noted above, the Township has a Third Round Prospective Need Obligation of 625 units, which is met through the following compliance mechanisms: \| Developments/Compliance Mechanisms \| Details/Status \| Units \| Bonuses \| \|-----------------------------------\|----------------\|-------\|---------\| \| Mullica West Apartments \| Completed \| 168* \| 46 \| \| (Block 52, Lot 8) \| \| \| \| \| 100% Affordable Family Rentals \| \| \| \| \| Mullica West Expansion \| Completed \| 48 \| 48 \| \| (Block 52, Lot 9) \| \| \| \| \| 100% Affordable Family Rentals \| \| \| \| \| Visalli Tract \| Proposed \| 72 \| 0 \| \| (Block 45, Lot 16) \| \| \| \| \| Inclusionary Family Rentals/For-Sale \| \| \| \| \| (72 of 102 to the Third Round) \| \| \| \| \| Mullica West Senior Development \| Proposed \| 96 \| 0 \| \| (Block 52, Lots 8 & 9) \| \| \| \| \| 100% Affordable Senior Rentals \| \| \| \| \| Project Freedom/Richwood \| Proposed \| 84 \| 63 \| \| (Block 2, Lot 1) \| \| \| \| \| 100% Affordable Special Needs/Family Rentals \| \| \| \| \| Circle Haven \| Proposed \| 30 \| 0 \| \| (Block 38, Lot 6) \| \| \| \| \| Supportive/Special Needs \| \| \| \| Total: 498 157 Eighteen (18) of the units at Mullica West Apartments are restricted in a way that would permit a household earning greater than eighty percent (80%) of area median income to occupy the unit, which is above the maximum permitted by the Fair Housing Act and the Uniform Housing Affordability Controls. On or before March 1, 2022, the Township shall provide a recorded deed restriction that limits occupancy of these eighteen (18) units to households at or below eighty percent (80%) of area median income adjusted for household size. Any affordable units constructed above Harrison’s Third Round Prospective Need may be credited to future rounds in accordance with then-applicable law but shall not be a reason to reduce any Third Round mechanisms or the affordable housing set-aside on any project. 8. The Township has committed to provide a realistic opportunity for the development of affordable housing through inclusionary zoning on the following sites: a. The Visalli tract (Block 45, Lot 16) is a 63.5-acre tract located on Swedesboro Road. The site was subject to a 2010 settlement agreement and received preliminary major subdivision approval in March 2010 (Resolution No. 9-2010) for a 205-unit age-restricted development, including 24 affordable units. The Township has provided correspondence dated December 17, 2021, attached hereto as Exhibit B, which indicates that the prior approvals have been abandoned and that the property owner/developer no longer intends to pursue an age-restricted development. On or before March 1, 2022, the Township shall rezone the Visalli tract at approximately eight (8) units per acre to permit a non-age-restricted family development of no fewer than 508 total units with a mandatory twenty percent (20%) affordable housing set-aside of any units approved/constructed on the site, which shall create a realistic opportunity for no fewer than 102 affordable family units. The residential units will be permitted in townhomes and multifamily buildings that may be up to three-stories and 48 feet and concentrated on the developable acreage of the site. The rezoning shall ensure that the family affordable units shall comply with all of the affordable housing requirements (including income/bedroom distribution, deed restrictions, integration, affirmative marketing, and phasing) listed below in Paragraph 15. 9. Harrison has committed to provide a realistic opportunity for the development of affordable housing through means other than inclusionary zoning as follows: a. The Township shall sponsor a 96-unit 100% affordable senior development at Block 52, Lots 8 and 9, known as the Mullica West Senior Development. At least thirteen (13) of the units shall be very low income units (priced to be affordable at or below 30 percent of median income), at least thirty-five (35) of the units shall be low income units (priced to be affordable at or below 50 percent of median income), and the remaining units may be moderate income units (priced to be affordable at or below 60 percent of median income). The Township shall partner with Ron Rukenstein Associates on this 96-unit development that shall be adjacent to the existing Mullica West Apartments. The Township represents that there is sufficient land area on the site to accommodate the proposed development, and the site is in the sewer service area and is suitable for the development. To help finance construction of the development, Rukenstein shall pursue 9% Low Income Housing Tax Credits from the New Jersey Housing Mortgage Finance Agency in the 2022 and, if necessary, 2023 application cycles. The Township shall support and facilitate all applications by Rukenstein for tax credits, including adopting the conventional "Resolution of Need" necessary to apply for 9% tax credits and adopting a Payment in Lieu of Taxes at whatever percentage is encouraged by NJHMFA to maximize points under the then-applicable Qualified Allocation Plan. The Township shall also provide at least $650,000.00 to Rukenstein initially to assist with pre-development costs and to assist in securing financing. The start of construction must occur on or before April 1, 2024. If the Township and/or Rukenstein do not secure sufficient outside funding support prior to April 1, 2024, the Township agrees and commits that it shall be obligated to bond for the cost of construction necessary to construct the project, deducting only firmly committed funding from outside sources at that time from the bond amount for the total cost necessary to complete the project. The Township may utilize New Jersey Housing and Mortgage Financing Agency 4% tax credits as part of its obligation to commence construction of the project no later than April 1, 2024. On or before March 1, 2022, Harrison shall rezone the property to permit the 96-unit development and provide FSHC, the Court, and Court Master with an executed developer's agreement between Rukenstein and the Township that conforms with all of the terms of this Agreement, a proposed construction schedule, and pro forma. The proposed construction schedule shall include ensuring that a site plan application is submitted and approved in time for Rukenstein to apply for 9% tax credits in the 2022 application cycle. b. The Township shall sponsor an 84-unit 100% affordable special needs/family rental development at the southerly portion of Block 2, Lot 1, known as the Project Freedom/Richwood Development. The 84 units shall consist of twenty-one (21) special needs units and at least sixty-three (63) affordable family rental units. The 63 affordable family rental units shall comply, among other terms, with the income/bedroom distribution in Paragraph 15 below. This means that there shall be at least thirteen (13) 3-bedroom units (inclusive of at least 2 very-low-income units), and no more than twelve (12) efficiency/1-bedroom units. The Township shall partner with Project Freedom on this 84-unit development that shall be in Richwood Village on land to be conveyed to Project Freedom by MOTUS. The Township represents that there is sufficient land area on the site to accommodate the proposed development, and the site is in the sewer service area and is suitable for the development. The site does not currently have sewer/water infrastructure, but the Township has represented that MOTUS, which shall be pursuing a soccer/multi-sport complex with commercial uses on the remainder of the lands in the Richwood Redevelopment Area understands and has agreed to be responsible for extending sewer and water infrastructure lines within five (5) feet of Block 2, Lot 1. The Township has also represented that it has confirmed that available sewer capacity from the Gloucester County Utilities Authority and water capacity from New Jersey American exceeds MOTUS’s needs and is adequate to service the Project Freedom development. Harrison has agreed and committed to provide to FSHC, the Court, and Court Master an agreement between the Township and MOTUS that conveys the property to Project Freedom and wherein MOTUS commits to bear full responsibility for extending sewer and water infrastructure lines within five (5) feet of Block 2, Lot 1, which shall be completed by MOTUS no later than June 1, 2023. The agreement shall detail the actions that shall be required to be taken in order to complete the extension of the lines, with written updates provided to the Township, FSHC, and Project Freedom every six (6) months as to the progress. To help finance construction of the development, Project Freedom shall pursue 9% Low Income Housing Tax Credits from the New Jersey Housing Mortgage Finance Agency in the 2022 and, if necessary, 2023 application cycles. The Township shall support and facilitate all applications by Project Freedom for tax credits, including adopting the conventional “Resolution of Need” necessary to apply for 9% tax credits and adopting a Payment in Lieu of Taxes at whatever percentage is encouraged by NJHMFA to maximize points under the then-applicable Qualified Allocation Plan. The Township shall also provide a subsidy to Project Freedom, if Project Freedom represents it is necessary for a competitive 9% tax credit application, to assist with pre-development costs and to assist in securing financing. The amount of this subsidy has not yet been confirmed between the Township and Project Freedom, but it is anticipated that it could be in the same range as the $650,000.00 being provided to Rukenstein for the Mullica West Senior Development and shall be confirmed as part of the Spending Plan prior to entry of final judgment in this matter. The start of construction must occur on or before April 1, 2024. If the Township and/or Project Freedom do not secure sufficient outside funding support prior to April 1, 2024, the Township agrees and commits that it shall be obligated to bond for the cost of construction necessary to construct the project, deducting only firmly committed funding from outside sources at that time from the bond amount for the total cost necessary to complete the project. The Township may utilize New Jersey Housing and Mortgage Financing Agency 4% tax credits as part of its obligation to commence construction of the project no later than April 1, 2024. On or before March 1, 2022, Harrison shall provide a copy of the executed agreement referenced above with MOTUS that conforms with all of the terms of this Agreement, shall rezone the property to permit the 84-unit development and provide FSHC, the Court, and Court Master with an executed developer’s agreement between Project Freedom and the Township that confirms with all of the terms of this Agreement, a proposed construction schedule, and pro forma. The proposed construction schedule shall include ensuring that a site plan application is submitted and approved in time for Project Freedom to apply for 9% tax credits in the 2022 application cycle. c. The Township shall sponsor a 30-unit 100% affordable special needs development at Block 38, Lot 6, known as the Circle Haven Development. The project shall serve adults with intellectual and developmental disabilities. The site is currently municipally-owned, and it shall be conveyed to Acenda Integrated Health. The Township represents that there is sufficient land area on the site to accommodate the proposed development, and the site is in the sewer service area and is suitable for the development. Acenda shall not pursue 9% Low Income Housing Tax Credits for this project. Instead, Acenda shall pursue 4% Low Income Housing Tax Credits from the New Jersey Housing Mortgage Finance Agency as well as other outside funding to help finance construction of the project. The Township shall be responsible for covering any gap in financing necessary to start construction. The start of construction must occur on or before April 1, 2024. The Township agrees and commits that it shall be obligated to bond for the cost of construction necessary to construct the project, deducting only firmly committed funding from outside sources at that time from the bond amount for the total cost necessary to complete the project. On or before March 1, 2022, Harrison shall rezone the property to permit the 30-unit development and provide FSHC, the Court, and Court Master with an executed developer's agreement between Acenda and the Township that conforms with all of the terms of this Agreement, a proposed construction schedule, and pro forma. d. In accordance with N.J.A.C. 5:93-5.5, the Township recognizes that it must provide evidence that the municipality has adequate and stable funding for any non-inclusionary affordable housing developments and compliance mechanisms. i. The municipality is required to provide a pro forma of both total development costs and sources of funds and documentation of the funding available to the municipality and/or project sponsor, and any applications still pending. ii. In the case where an application for outside funding is still pending, the municipality shall provide a stable alternative source, which shall be in the form of a commitment to municipally bond for a shortfall, in the event that there is a funding shortfall. iii. The Township shall provide the above prior to the entry of a final judgment of compliance and repose. e. In accordance with N.J.A.C. 5:93-5.5, for non-inclusionary developments and compliance mechanisms, a construction or implementation schedule, or timetable, shall be submitted for each step in the development process. iv. The construction/implementation schedule shall include preparation of a site plan, granting of municipal approvals, applications for State and Federal permits, selection of a contractor, and the commencement and completion of construction. The schedule shall provide for construction to begin within two years of Court approval of this Agreement. v. The Township shall indicate the entity responsible for undertaking and monitoring the construction and overall development activity, and it shall designate and enter into a developer's agreement with the entity responsible for constructing any non-inclusionary development. vi. The Township shall provide the above prior to the entry of a final judgment of compliance and repose. 10. Harrison acknowledges and agrees that the sites of each development listed above are available, suitable, developable, and approvable for the construction of affordable housing, including the number of units contemplated by this Agreement. 11. Harrison commits to work cooperatively, expeditiously, and with all continuity of purpose with the developers to ensure all necessary land use approvals and to issue all construction and building permits in a timely manner. The Township will comply with N.J.A.C. 5:93-10 and shall not impose development standards and/or requirements that are cost-generative features and that are not essential to protect the public welfare. 12. As an essential element of this Agreement, Harrison has represented that there is adequate sewer/water infrastructure and capacity for each of the affordable housing projects committed to in this Agreement. On or before March 1, 2022, Harrison shall provide to FSHC, the Court, and Court Master documentation from the relevant utilities authority and water franchisor confirming that there is adequate sewer/water infrastructure and capacity for each affordable housing project. Harrison shall prioritize and protect sewer/water capacity for each of its affordable housing projects, and it shall take no action to eliminate the capacity available for each project. 13. The following minimum number of very-low-income units (as defined in 15.a. below) shall be produced by each proposed development/compliance mechanism: \| Development \| Minimum Number of Very Low Income Units \| \|--------------------------------------------------\|----------------------------------------\| \| Visalli Tract (Block 45, Lot 16) \| 14 \| \| Mullica West Senior Development (Block 52, Lots 8 & 9) \| 13 \| \| Project Freedom/Richwood (Block 2, Lot 1) \| 11 (at least 9 very-low-income family rental units) \| \| Circle Haven (Block 38, Lot 6) \| 4 \| 14. The Township agrees that it shall meet its Third Round Prospective Need in accordance with the following standards: a. Third Round bonuses will be applied in accordance with N.J.A.C. 5:93-5.15(d). b. At least fifty percent (50%) of the units addressing the Third Round Prospective Need shall be affordable to very-low-income and low-income households with the remainder affordable to moderate-income households. c. At least twenty-five percent (25%) of the Third Round Prospective Need shall be met through rental units, including at least half in non-age-restricted rental units available to families. d. At least half of the units (50%) addressing the Third Round Prospective Need must be non-age-restricted affordable units available to families. e. The Township agrees to comply with an age-restricted cap of twenty-five percent (25%) and to not request a waiver of that requirement. This shall be understood to mean that in no circumstance may the municipality claim credit toward its fair share obligation for age-restricted units that exceed twenty-five percent (25%) of all units developed or planned to meet its cumulative prior round and third round fair share obligation. f. Thirteen percent (13%) of all affordable units referenced in this Agreement, excepting those units that were constructed or granted preliminary or final site plan approval prior to July 1, 2008, shall be very-low-income units for households earning thirty percent (30%) or less of the median income pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301, et seq. ("FHA"), with half of the very low income units being available to families. g. All new construction units shall be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a and -311b and all other applicable law. 15. In all developments that produce affordable housing, the Township agrees that the following terms shall apply: a. All of the affordable units shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), including but not limited to the required bedroom and income distribution, with the sole exception that thirteen percent (13%) of the affordable units within each bedroom distribution shall be required to be for very low income households earning thirty percent (30%) or less of median income pursuant to the Fair Housing Act. b. All of the affordable units shall be subject to affordability controls of at least thirty (30) years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very low income shall be defined as at or below thirty percent (30%) of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Township, in its sole discretion, takes action to extend or release the unit from such controls after at least thirty (30) years. If the Township acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due to the voluntary departure of the income-eligible occupant household in accordance with N.J.A.C. 5:80-26.11(b). c. In any inclusionary development, the affordable units shall be integrated to the extent feasible with the market-rate units. Where the affordable and market-rate units are of the same tenure, there shall be a strong presumption that it is feasible for the affordable and market-rate units to be fully integrated. In buildings with multiple dwelling units, the affordable units shall be generally distributed within each building with market units and the affordable units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. The residents of the affordable units shall have full and equal access to all of the entryways, amenities, common areas, and recreation areas and facilities as the residents of the market-rate units. d. Construction of the affordable units in inclusionary developments shall be phased in compliance with N.J.A.C. 5:93-5.6(d). e. The affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The affirmative marketing shall include the community and regional organizations identified in this agreement, and it shall also include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law. 16. The Township and/or its Administrative Agent shall add the following entities to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5): a. Fair Share Housing Center, Inc. (510 Park Boulevard, Cherry Hill, New Jersey 08002); Fair Share Housing Development (1 Ethel Lawrence Boulevard, Mount Laurel, New Jersey 08054); Gloucester County NAACP (P. O. Box 545, Williamstown, New Jersey 08094); Camden County NAACP (1123 1/2 Kaighn Avenue, Camden, New Jersey 08103); The Latino Action Network (P. O. Box 943, Freehold, New Jersey 07728); Willingboro NAACP (P. O. Box 207, Roebling, New Jersey 08554); and The Supportive Housing Association (15 Alden Street #14, Cranford, New Jersey 07016); and other appropriate non-profits and Civil Rights organizations that request to be notified of available units, and shall, as part of its regional affirmative marketing strategies during its implementation of any affirmative marketing plan, provide direct notice to those organizations of all available affordable housing units, along with copies of application forms. The Township also agrees to require any other entities, including developers, persons or companies retained to do affirmative marketing, to comply with these notice requirements. b. As part of its regional affirmative marketing strategies during implementation of its fair share plan, the Township and/or its Administrative Agent shall also provide notice of all available affordable housing units to the above-referenced organizations and shall ensure all affordable units are posted on the New Jersey Housing Resource Center website in accordance with applicable law. 17. Income limits for all affordable units shall be updated by the Township annually within thirty (30) days of the publication of determinations of median income by the United States Department of Housing and Urban Development ("HUD") as follows: a. Regional income limits shall be established for the Housing Region in which the Township is located (in this case, Housing Region 5) based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated number of households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total number of households from the most recent decennial Census in the Township's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80 percent of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50 percent of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very low income unit for a household of four shall be 30 percent of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year. b. The income limits attached hereto as Exhibit C are the result of applying the percentages set forth in paragraph (a) above to HUD's determination of median income for FY 2021, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year. c. The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to paragraph (a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year. d. The parties agree to request the Court prior to or at the fairness hearing in this matter to enter an order implementing this paragraph of this Agreement, the terms of which shall also be reflected in the Township's affordable housing ordinance. 18. Upon full execution of this Agreement, Harrison shall notify the Court so that a Fairness Hearing can be scheduled to approve the Agreement. The parties shall request that the Fairness Hearing be scheduled on or before February 15, 2022. 19. Harrison shall place this Agreement on file in the Township's municipal building, post it on the municipal website, and file a copy with the Court at least thirty (30) days prior to the Fairness Hearing, at which the Township will seek judicial approval the terms of this Agreement pursuant to the legal standards set forth in Morris Cty. Fair Hous. Council v. Boonton Twp., 197 N.J. Super. 359 (Law Div. 1984), aff'd o.b., 209 N.J. Super. 108 (App. Div. 1986), and East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311 (App. Div. 1996). Notice of the Fairness Hearing shall be published at least thirty (30) days in advance of the hearing. The Township's planner shall appear as a witness at the hearing. 20. Following the Fairness Hearing, the parties shall request that a Final Compliance Hearing be scheduled on or before April 15, 2022. 21. At least thirty (30) days before the Final Compliance Hearing, Harrison shall adopt an amendment to its Housing Element and Fair Share Plan, the necessary zoning ordinances, spending plan amendment, intent to fund shortfall resolution(s), and adopt all other resolutions and ordinances required to be adopted as part of this Amended Agreement. The HEFSP amendment shall include all documentation to demonstrate the creditworthiness of existing affordable units for which the municipality is seeking credit. At least fourteen (14) days prior to introduction, the Township shall submit a draft of the above-listed documents to the Court Master and FSHC for review. The adopted version of the above-listed documents as well as a compliant affordable housing ordinance, development fee ordinance, and affirmative marketing plan shall be provided to the Court, Court Master, and FSHC at least thirty (30) days before the Final Compliance Hearing. 22. The Township shall prepare and submit an Amended Spending Plan for review and approval by the Special Master, FSHC, and the Court. Upon approval, the Township and FSHC agree that the expenditures of funds contemplated in the Township's Spending Plan shall constitute the "commitment" for expenditure required pursuant to N.J.S.A. 52:27D-329.2 and -329.3, with the four-year time period contemplated therein commencing in accordance with the provisions of In re Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd, 442 N.J. Super. 563). 23. The Township shall comply with the following annual monitoring and reporting requirements: a. Starting on January 1, 2023, and every anniversary thereafter, the Township shall provide an annual Mount Laurel Trust Fund accounting report to the New Jersey Department of Community Affairs, Council on Affordable Housing, Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to FSHC and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services. The annual report shall detail all expenditures from and deposits into the Township's Affordable Housing Trust Fund. b. Starting on January 1, 2023, and every anniversary thereafter, the Township shall provide an annual report on the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to FSHC, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the FSHC. In addition to the foregoing, the Township shall also post such activity on the CTM system and/or file a copy of its report with the Council on Affordable Housing or its successor agency at the State level. The annual report shall detail the status of all affordable units in the Township's HEFSP. The Township shall promptly respond to any requests from the Court or FSHC for additional information. 24. The Fair Housing Act includes two provisions regarding actions to be taken by the Township during the ten-year period of protection provided in this agreement. The Township agrees to comply with those provisions as follows: a. For the midpoint realistic opportunity review required pursuant to N.J.S.A. 52:270-313, the Township was obligated to post, by July 1, 2020, on its municipal website, a status report as to its implementation of its HEFSP and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether the mechanisms should be revised or supplemented. Recognizing that July 1, 2020, has passed prior to the amended settlement in this matter, the Township shall, by July 1, 2023, post, on its municipal website, with a copy provided to Fair Share Housing Center, its midpoint realistic opportunity review report. The status report will provide an update of the Township’s implementation of its HEFSP and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether the mechanisms should be revised or supplemented. b. For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of January 1, 2023, and every third year thereafter, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Township and Fair Share Housing Center on the issue of whether the Township has complied with its very-low-income housing obligation under the terms of the settlement agreement with FSHC. 25. As part of the November 14, 2019 Settlement Agreement, the Township of Harrison agreed to pay FSHC’s fees and costs up to that point in the amount of $15,000.00. In light of the additional time and resources expended since then by FSHC, including to negotiate and enter into this amended Settlement Agreement, the Township agrees to pay FSHC’s additional attorney’s fees and costs in the amount of $25,000.00 within ten (10) days of the Court’s approval of this Agreement following the Fairness Hearing for a total of $40,000.00. 26. This Agreement may be enforced by the Township or FSHC through a motion to enforce litigant’s rights or a separate action filed in Superior Court, Gloucester County. If it prevails on a motion to enforce, that party shall be entitled to reasonable fees and costs in accordance with Rule 1:10-3. 27. Harrison and FSHC shall have an obligation to fulfill the intent and purpose of this Agreement. If an appeal of the Court’s approval or rejection of the Settlement Agreement is filed by a third party, the Parties agree to defend the Agreement on appeal, including in proceedings before the Superior Court, Appellate Division, and New Jersey Supreme Court, and to continue to implement the terms of the Settlement Agreement if the Agreement is approved by the trial court unless and until an appeal of the trial court’s approval is successful, at which point the Parties reserve their right to return to the status quo ante. In this regard, the Township and FSHC acknowledge that the parties have entered into this Agreement to settle the litigation and that each is free to take such position as it deems appropriate should the matter return to the status quo ante. 28. The parties agree that if a decision of a court of competent jurisdiction in Gloucester County, or a determination by an administrative agency responsible for implementing the Fair Housing Act, or an action by the New Jersey Legislature, would result in a calculation of a Third Round Prospective Need Obligation of the Township for the period 1999-2025 that would be lower by more than ten percent (10%) than the obligation established in this Agreement, and if that calculation is memorialized in an unappealable final judgment, the Township may seek to amend the judgment in this matter to reduce its fair share obligation accordingly. Notwithstanding any such reduction, the Township shall be obligated to adopt a Housing Element and Fair Share Plan that conforms to the terms of this Agreement and to implement all compliance mechanisms included in this Agreement, including by adopting or leaving in place any site specific zoning adopted or relied upon in connection with the fair share plan adopted pursuant to this Agreement; taking all steps necessary to support and fund the development of any 100% affordable developments referenced in this Agreement; and otherwise fulfilling fully the fair share obligations as established herein. The reduction of the Township's obligation below that established in this Agreement does not provide a basis for seeking leave to amend this Agreement or seeking leave to amend an order or judgment pursuant to Rule 4:50-1. If the Township prevails in reducing its prospective need for the Third Round, the Township may carry over any resulting extra credits to future rounds in conformance with the then-applicable law. 29. Unless otherwise specified, it is intended that the provisions of this Agreement are to be severable. The validity of any article, section, clause or provision of this Agreement shall not affect the validity of the remaining articles, sections, clauses or provisions hereof. If any section of this Agreement shall be adjudged by a court to be invalid, illegal, or unenforceable in any respect, such determination shall not affect the remaining sections. 30. This Agreement shall be governed by and construed by the laws of the State of New Jersey. 31. This Agreement may not be modified, amended or altered in any way except by a writing signed by both the Township and FSHC. 32. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same Agreement. 33. The Township and FSHC acknowledge that each has entered into this Agreement on its own volition without coercion or duress after consulting with its counsel, that each person to sign this Agreement is the proper person and possesses the authority to sign the Agreement, that this Agreement contains the entire understanding of the Township and FSHC and that there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 34. The Township and FSHC acknowledge that this Agreement was not drafted by the Township or FSHC, but was drafted, negotiated and reviewed by representatives of the Township and FSHC and, therefore, the presumption of resolving ambiguities against the drafter shall not apply. The Township and FSHC expressly represent that: (i) it has been represented by counsel in connection with negotiating the terms of this Agreement; and (ii) it has conferred due authority for execution of this Agreement upon the persons executing. 35. Any and all Exhibits and Schedules annexed to this Agreement are hereby made a part of this Agreement by this reference thereto. Any and all Exhibits and Schedules now and/or in the future are hereby made or will be made a part of this Agreement with prior written approval of both the Township and FSHC. 36. This Agreement constitutes the entire Agreement between the Township and FSHC hereto and supersedes all prior oral and written agreements between the Township and FSHC with respect to the subject matter hereof except as otherwise provided herein. 37. No member, official or employee of the Township shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law, absent the need to invoke the rule of necessity. 38. Anything herein contained to the contrary notwithstanding, the effective date of this Agreement shall be the date upon which representatives of the Township and FSHC have executed and delivered this Agreement. 39. All notices required under this Agreement ("Notice[s]") shall be written and shall be served upon the Township and FSHC by certified mail, return receipt requested, or by a recognized overnight or by a personal carrier. In addition, where feasible (for example, transmittals of less than fifty pages) shall be served by facsimile or e-mail. All Notices shall be deemed received upon the date of delivery. Delivery shall be affected as follows, subject to change as to the person(s) to be notified and/or their respective addresses upon ten (10) days' notice as provided herein: TO FSHC: Adam M. Gordon, Esq. Fair Share Housing Center 510 Park Boulevard Cherry Hill, New Jersey 08002 Phone: (856) 424-1808 Telecopier: (856) 663-8182 Email: [email protected] TO THE TOWNSHIP: Kevin A. Van Hise, Esq. Mason, Griffin & Pierson, PC 101 Poor Farm Road Princeton, New Jersey 08540 Phone: (609) 436-1209 Telecopier: (609) 683-7978 Email: [email protected] WITH A COPY TO THE MUNICIPAL CLERK: Diane L. Malloy, RMC, CMR, Municipal Clerk Harrison Township 114 Bridgeton Pike Mullica Hill, New Jersey 08062 Phone: (856) 478-4111 Telecopier: (856) 478-2498 IN WITNESS WHEREOF, the Parties hereto have caused this Settlement Agreement to be properly executed, their corporate seals affixed and attested and this Settlement Agreement to be effective as of the Effective Date. Sincerely, Adam M. Gordon, Esq. Executive Director of Fair Share Housing Center Witness: [Signature] Dated: 11/4/2022 On behalf of the Township of Harrison, with the authorization of the governing body: Witness/ Attest: Diane L. Malloy, Municipal Clerk Dated: 12/20/21 TOWNSHIP OF HARRISON Louis Manzo, Mayor Exhibit A: November 14, 2019 Settlement Agreement Between Harrison Township and Fair Share Housing Center November 14, 2019 Kevin A. Van Hise, Esq. Mason, Griffin & Pierson, PC 101 Poor Farm Road Princeton, NJ 08540 Re: In the Matter of the Application of the Township of Harrison, County of Gloucester, Docket No. GLO-L-908-15 Dear Mr. Van Hise: This letter memorializes the terms of an agreement reached between the Township of Harrison (the "Township" or "Harrison"), the declaratory judgment plaintiff, and Fair Share Housing Center (FSHC), a Supreme Court-designated interested party in this matter in accordance with In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1, 30 (2015) (Mount Laurel IV) and, through this settlement, a defendant in this proceeding. Background Harrison filed the above-captioned matter on July 8, 2015 seeking a declaration of its compliance with the Mount Laurel doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq. in accordance with In re N.J.A.C. 5:96 and 5:97, supra. Through the declaratory judgment process, the Township and FSHC agreed to settle the litigation and to present that settlement to the trial court with jurisdiction over this matter to review, recognizing that the settlement of Mount Laurel litigation is favored because it avoids delays and the expense of trial and results more quickly in the construction of homes for lower-income households. Settlement terms The Township and FSHC hereby agree to the following terms: 1. FSHC agrees that the Township, through the adoption of a Housing Element and Fair Share Plan conforming with the terms of this Agreement (hereafter “the Plan”) and through the implementation of the Plan and this Agreement, satisfies its obligations under the Mount Laurel doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., for the Prior Round (1987-1999) and Third Round (1999-2025). 2. At this time and at this particular point in the process resulting from the Supreme Court's Mount Laurel IV decision, when Third Round fair share obligations have yet to be definitively determined, it is appropriate for the parties to arrive at a settlement regarding a municipality's Third Round present and prospective need instead of doing so through plenary adjudication of the present and prospective need. 3. FSHC and Harrison hereby agree that Harrison's affordable housing obligations are as follows: \| Rehabilitation Share (per Kinsey Report) \| 0 \| \|-----------------------------------------\|---\| \| Prior Round Obligation (pursuant to N.J.A.C. 5:93) \| 198 \| \| Third Round (1999-2025) Prospective Need (per Kinsey Report, as adjusted through this Agreement) \| 625 \| 4. For purposes of this Agreement, the Third Round Prospective Need shall be deemed to include the Gap Period Present Need, which is a measure of households formed from 1999-2015 that need affordable housing, that was recognized by the Supreme Court in In re Declaratory Judgment Actions Filed By Various Municipalities, 227 N.J. 508 (2017). 5. The Township does not have a present need obligation. 6. As noted above, the Township has a Prior Round prospective need of 198 units, which is met through the following compliance mechanisms: \| Prior Round Compliance Mechanism \| Credits \| Bonus \| Total \| \|----------------------------------\|---------\|-------\|-------\| \| Regional Contribution Agreements (funds transf.) \| 22 \| --- \| 22 \| \| Family Rentals \| \| \| \| \| Walnut Glen / Spring Mill (Munic. Sponsored) \| 93 \| 50 \| 143 \| \| Richwood Village (Redevelopment Plan – inclusionary development) \| 6 \| 0 \| 6 \| \| For Sale Units \| \| \| \| \| Vasalli (Age-restricted) \| 24 \| 0 \| 24 \| \| Other Compliance Mechanisms \| \| \| \| \| Newpoint Group Home \| 3 \| 0 \| 3 \| \| Total \| 148 \| 50 \| 198 \| \| Surplus (Credits) \| --- \| --- \| 0 \| 7. The Township has implemented or will implement the following mechanisms to address its Third Round prospective need of 625 units: \| Township’s Third Round Compliance Mechanisms \| Credits \| Bonus \| Total \| \|---------------------------------------------\|---------\|-------\|-------\| \| Prior Round Surplus \| 0 \| --- \| 0 \| \| Family Rentals \| \| \| \| \| Richwood Village (Redevelopment Plan – inclusionary development) \| 184 \| 70 \| 254 \| \| Richwood Village (Redevelopment Plan – 100% Affordable) \| 70 \| 70 \| 140 \| --- 1 David N. Kinsey, PhD, PP, FAICP, NEW JERSEY LOW AND MODERATE INCOME HOUSING OBLIGATIONS FOR 1999-2025 CALCULATED USING THE NJ COAH PRIOR ROUND (1987-1999) METHODOLOGY, May 2016. \| Mullica West Apartments \| 168 \| 0 \| 168* \| \|-------------------------\|-----\|---\|------\| \| Mullica West Expansion \| 48 \| 17\| 65 \| \| Total \| 470 \| 157\| 627 \| 18 of the units at Mullica West Apartments are restricted in a way that would allow someone earning greater than 80% of median income to live there. During the compliance phase in this matter, the Township will work with the owner of Mullica West Apartments to record a deed restriction limiting occupancy of these units to households at or below 80% of median income adjusted for household size. 8. The Township will provide a realistic opportunity for the development of affordable housing on the Richwood Village site through the adoption of an amended redevelopment plan no later than February 4, 2020, which plan shall require that the 190 affordable units required herein are phased in accordance with N.J.A.C. 5:93-5.6(d) along with up to 1,255 market rate units to be developed as part of the redevelopment plan. Neither the affordable units to be developed in accordance with the 100% affordable development further discussed in paragraph 9 of this Agreement nor the market-rate units that may be developed on “Parcel J” of the Redevelopment Plan shall be considered as a part of this phasing schedule. At least 70 affordable units shall be family rental units and the Township shall provide a letter from the intervenor-developer providing a firm commitment for the development of those units as family rental units prior to the fairness hearing in this matter. Up to 36 of the affordable units may be provided as age-restricted units including assisted living units, provided that required Medicaid beds included in a market-rate assisted living complex shall qualify as surplus units beyond the 190 required units because assisted living units do not count as residential units for the purposes of the redevelopment plan; the Township reserves the right to apply any such surplus credits to future rounds in conformance with then-applicable law. The remaining 84 affordable units may be provided as family rental or for-sale units. The Township shall maintain the existing inclusionary zoning on the Vasalli site through the term of this Agreement. 9. The Township will provide a realistic opportunity for the development of additional affordable housing that will be developed or created through means other than inclusionary zoning in the following ways: In accordance with N.J.A.C. 5:93-5.5, the Township recognizes that it must provide evidence that the municipality has adequate and stable funding for any non-inclusionary affordable housing developments. The municipality is required to provide a pro forma of both total development costs and sources of funds and documentation of the funding available to the municipality and/or project sponsor, and any applications still pending. In the case where an application for outside funding is still pending, the municipality shall provide a stable alternative source, such as municipal bonding, in the event that the funding request is not approved. The Township will provide a pro forma and documentation for the Richwood Village 100% affordable site as part of its Housing Element and Fair Share Plan and pass a resolution of intent to bond in case of a shortfall in accordance with N.J.A.C. 5:93-5.5. In accordance with N.J.A.C. 5:93-5.5, for non-inclusionary developments, a construction or implementation schedule, or timetable, shall be submitted for each step in the development process: including preparation of a site plan, granting of municipal approvals, applications for State and Federal permits, selection of a contractor and construction. The schedule shall provide for construction to begin within two years of the final judgment entered by the court after a compliance hearing. The municipality shall indicate the entity responsible for undertaking and monitoring the construction and overall development activity. The Township will provide this information for the Richwood Village 100% affordable site as part of its Housing Element and Fair Share Plan. 10. The Township agrees to require 13% of all affordable units referenced in this Agreement, excepting those units that were constructed or granted preliminary or final site plan approval prior to July 1, 2008, to be very low income units, with half of the very low income units being available to families. The municipality will comply with those requirements as follows: 25 of the 190 inclusionary affordable units in Richwood Village shall be very low income units including at least 20 family very low income units. At least 9 of the 100% affordable Richwood Village units shall be very low income units. 5 of the Mullica West Expansion units are very low income units. 17 of the Mullica West Apartments units are project based voucher very low income units. 3 of the Vasalli units will be required to be very low income units. 11. The Township shall meet its Third Round Prospective Need in accordance with the following standards as agreed to by the Parties and reflected in the table in paragraph 6 above: a. Third Round bonuses will be applied in accordance with N.J.A.C. 5:93-5.15(d). b. At least 50 percent of the units addressing the Third Round Prospective Need shall be affordable to very-low-income and low-income households with the remainder affordable to moderate-income households. c. At least twenty-five percent of the Third Round Prospective Need shall be met through rental units, including at least half in rental units available to families. d. At least half of the units addressing the Third Round Prospective Need in total must be available to families. e. The Township agrees to comply with an age-restricted cap of 25% and to not request a waiver of that requirement. This shall be understood to mean that in no circumstance may the municipality claim credit toward its fair share obligation for age-restricted units that exceed 25% of all units developed or planned to meet its cumulative prior round and third round fair share obligation. 12. The Township shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002), the New Jersey State Conference of the NAACP, Gloucester County NAACP, Senior Citizens United Community Services, STEPS, Supportive Housing Association, and the Latino Action Network (P.O. Box 943, Freehold, NJ 07728), and shall, as part of its regional affirmative marketing strategies during its implementation of the affirmative marketing plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this paragraph. 13. All units shall include the required bedroom distribution, be governed by controls on affordability and affirmatively marketed in conformance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et. seq. or any successor regulation, with the exception that in lieu of 10 percent of affordable units in rental projects being required to be at 35 percent of median income, 13 percent of affordable units in such projects shall be required to be at 30 percent of median income, and all other applicable law. The Township as part of its HEFSP shall adopt and/or update appropriate implementing ordinances in conformance with standard ordinances and guidelines developed by COAH to ensure that this provision is satisfied. Income limits for all units that are part of the Plan required by this Agreement and for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows: a. Regional income limits shall be established for the region that the Township is located within (i.e. Region 5) based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in the Township's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80 percent of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50 percent of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very low income unit for a household of four shall be 30 percent of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year. b. The income limits attached hereto as Exhibit A are the result of applying the percentages set forth in paragraph (a) above to HUD's determination of median income for FY 2019, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year. c. The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to paragraph (a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year. d. The parties agree to request the Court prior to or at the fairness hearing in this matter to enter an order implementing this paragraph of this Agreement. 14. All new construction units shall be adaptable in conformance with P.L.2005, c.350/N.J.S.A. 52:27D-311a and -311b and all other applicable law. 15. As an essential term of this Agreement, within one hundred and twenty (120) days of Court's approval of this Agreement, the Township shall introduce and adopt an ordinance or ordinances providing for the amendment of the Township's Affordable Housing Ordinance and Zoning Ordinance to implement the terms of this Agreement and the zoning contemplated herein and adopt a Housing Element and Fair Share Plan and Spending Plan in conformance with the terms of this Agreement. 16. The parties agree that if a decision of a court of competent jurisdiction in Gloucester County, or a determination by an administrative agency responsible for implementing the Fair Housing Act, or an action by the New Jersey Legislature, would result in a calculation of an obligation for the Township for the period 1999-2025 that would be lower by more than ten (10%) percent than the total prospective Third Round need obligation established in this Agreement, and if that calculation is memorialized in an unappealable final judgment, the Township may seek to amend the judgment in this matter to reduce its fair share obligation accordingly. Notwithstanding any such reduction, the Township shall be obligated to adopt a Housing Element and Fair Share Plan that conforms to the terms of this Agreement and to implement all compliance mechanisms included in this Agreement, including by adopting or leaving in place any site specific zoning adopted or relied upon in connection with the Plan adopted pursuant to this Agreement; taking all steps necessary to support the development of any 100% affordable developments referenced herein; maintaining all mechanisms to address unmet need; and otherwise fulfilling fully the fair share obligations as established herein. The reduction of the Township's obligation below that established in this Agreement does not provide a basis for seeking leave to amend this Agreement or seeking leave to amend an order or judgment pursuant to R. 4:50-1. If the Township prevails in reducing its prospective need for the Third Round, the Township may carry over any resulting extra credits to future rounds in conformance with the then-applicable law. 17. The Township shall prepare a Spending Plan within the period referenced above, subject to the review of FSHC and approval of the Court, and reserves the right to seek approval from the Court that the expenditures of funds contemplated under the Spending Plan constitute "commitment" for expenditure pursuant to N.J.S.A. 52:27D-329.2 and -329.3, with the four-year time period for expenditure designated pursuant to those provisions beginning to run with the entry of a final judgment approving this settlement in accordance with the provisions of In re Tp. Of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563). On the first anniversary of the execution of this Agreement, which shall be established by the date on which it is executed by a representative of the Township, and on every anniversary of that date thereafter through the end of the period of protection from litigation referenced in this Agreement, the Township agrees to provide annual reporting of trust fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services. The reporting shall include an accounting of all housing trust fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended. 18. On the first anniversary of the execution of this Agreement, and every anniversary thereafter through the end of this Agreement, the Township agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC. 19. The Fair Housing Act includes two provisions regarding action to be taken by the Township during the ten-year period of protection provided in this Agreement. The Township agrees to comply with those provisions as follows: a. For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of the Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether any mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the municipality, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues. b. For the review of very low income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of this Agreement, and every third year thereafter, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very low income requirements, including the family very low income requirements referenced herein. Such posting shall invite any interested party to submit comments to the municipality and Fair Share Housing Center on the issue of whether the municipality has complied with its very low income housing obligation under the terms of this settlement. 20. FSHC is hereby deemed to have party status in this matter and to have intervened in this matter as a defendant without the need to file a motion to intervene or an answer or other pleading. The parties to this Agreement agree to request the Court to enter an order declaring FSHC is an intervenor, but the absence of such an order shall not impact FSHC's rights. 21. This Agreement must be approved by the Court following a fairness hearing as required by Morris Cty. Fair Hous. Council v. Boonton Twp., 197 N.J. Super. 359, 367-69 (Law Div. 1984), aff'd o.b., 209 N.J. Super. 108 (App. Div. 1986); East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311, 328-29 (App. Div. 1996). The Township shall present its planner as a witness at this hearing. FSHC agrees to support this Agreement at the fairness hearing. In the event the Court approves this proposed settlement, the parties contemplate the municipality will receive "the judicial equivalent of substantive certification and accompanying protection as provided under the FHA," as addressed in the Supreme Court's decision in In re N.J.A.C. 5:96 & 5:97, 221 N.J. 1, 36 (2015), which shall be determined by the trial judge. The "accompanying protection" shall remain in effect through July 7, 2025, if this Agreement is rejected by the Court at a fairness hearing it shall be null and void. 22. The Township agrees to pay, or cause to be paid, FSHC's attorneys fees and costs in the amount of $15,000 within ten (10) days of the Court's approval of this Agreement pursuant to a duly-noticed fairness hearing. 23. If an appeal is filed of the Court's approval or rejection of this Agreement, the Parties agree to defend the Agreement on appeal, including in proceedings before the Superior Court, Appellate Division and New Jersey Supreme Court, and to continue to implement the terms of this Agreement if the Agreement is approved before the trial court unless and until an appeal of the trial court's approval is successful, at which point the Parties reserve their right to rescind any action taken in anticipation of the trial court's approval. All Parties shall have an obligation to fulfill the intent and purpose of this Agreement. 24. This Agreement may be enforced through a motion to enforce litigant's rights or a separate action filed in Superior Court, Gloucester County. 25. Unless otherwise specified, it is intended that the provisions of this Agreement are to be severable. The validity of any article, section, clause or provision of this Agreement shall not affect the validity of the remaining articles, sections, clauses or provisions hereof. If any section of this Agreement shall be adjudged by a court to be invalid, illegal, or unenforceable in any respect, such determination shall not affect the remaining sections. 26. This Agreement shall be governed by and construed by the laws of the State of New Jersey. 27. This Agreement may not be modified, amended or altered in any way except by a writing signed by each of the Parties. 28. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same Agreement. 29. The Parties acknowledge that each has entered into this Agreement on its own volition without coercion or duress after consulting with its counsel, that each party is the proper person and possess the authority to sign the Agreement, that this Agreement contains the entire understanding of the Parties and that there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 30. Each of the Parties hereto acknowledges that this Agreement was not drafted by any one of the Parties, but was drafted, negotiated and reviewed by all Parties and, therefore, the presumption of resolving ambiguities against the drafter shall not apply. Each of the Parties expressly represents to the other Parties that: (i) it has been represented by counsel in connection with negotiating the terms of this Agreement; and (ii) it has conferred due authority for execution of this Agreement upon the persons executing it. 31. Any and all Exhibits and Schedules annexed to this Agreement are hereby made a part of this Agreement by this reference thereto. Any and all Exhibits and Schedules now and/or in the future are hereby made or will be made a part of this Agreement with prior written approval of both Parties. 32. This Agreement constitutes the entire Agreement between the Parties hereto and supersedes all prior oral and written agreements between the Parties with respect to the subject matter hereof except as otherwise provided herein. 33. No member, official or employee of the Township shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law, absent the need to invoke the rule of necessity. 34. Anything herein contained to the contrary notwithstanding, the effective date of this Agreement shall be the date upon which all of the Parties hereto have executed and delivered this Agreement. 35. All notices required under this Agreement ("Notice[s]") shall be written and shall be served upon the respective Parties by certified mail, return receipt requested, or by a recognized overnight or by a personal carrier. In addition, where feasible (for example, transmittals of less than fifty pages) shall be served by facsimile or e-mail. All Notices shall be deemed received upon the date of delivery. Delivery shall be affected as follows, subject to change as to the person(s) to be notified and/or their respective addresses upon ten (10) days notice as provided herein: TO FSHC: Adam M. Gordon, Esq. Fair Share Housing Center 510 Park Boulevard Cherry Hill, NJ 08002 Phone: (856) 665-5444 Telecopier: (856) 663-8182 E-mail: [email protected] TO THE TOWNSHIP: Kevin A. Van Hise, Esq. Mason, Griffin & Pierson, PC 101 Poor Farm Road Princeton, NJ 08540 Phone: (609) 436-1209 Facsimile: (609) 683-7978 Email: [email protected] WITH A COPY TO THE MUNICIPAL CLERK: Diane L. Malloy, RMC, CMR, Municipal Clerk Township of Harrison 114 Bridgeton Pike Mullica Hill, NJ 08062 Phone: (856) 478-4111 Telecopier: (856) 478-2498 Email: [email protected] Please sign below if these terms are acceptable. Sincerely, Adam M. Gordon, Esq. Counsel for Intervenor/Interested Party Fair Share Housing Center On behalf of the Township of Harrison, with the authorization of the governing body: Luis Manzo, Mayor Dated: Nov 18, 2019 ## 2019 AFFORDABLE HOUSING REGIONAL INCOME LIMITS BY HOUSEHOLD SIZE Income limits not officially adopted by the State of New Jersey. Contact your municipality to see if applicable in your jurisdiction. Additional information about AHPIJU income limits is posted on AHPIJU.org. \| Region 1 \| 1 Person \| 1.5 Person \| 2 Person \| 3 Person \| 4 Person \| 5 Person \| 6 Person \| 7 Person \| 8+ Person \| Rents \| Sales* \| Max Increase \| Regional Asset Limit \| \|----------\|----------\|-------------\|----------\|-----------\|----------\|----------\|----------\|----------\|-----------\|--------\|----------\|----------------\|-------------------------\| \| Median \| $66,607 \| $71,365 \| $76,122 \| $85,657 \| $95,153 \| $98,959 \| $102,777 \| $117,989 \| $125,602 \| \| \| \| \| \| Moderate \| $53,286 \| $57,092 \| $60,898 \| $69,510 \| $76,122 \| $79,167 \| $82,212 \| $88,302 \| $94,394 \| $100,481 \| \| \| 2.6% \| 4.73% \| \| Low \| $33,303 \| $35,682 \| $38,061 \| $42,819 \| $47,576 \| $49,479 \| $51,352 \| $55,159 \| $59,995 \| $62,801 \| \| \| $183,994 \| \| \| Very Low** \| $19,982 \| $21,409 \| $22,837 \| $25,691 \| $29,546 \| $29,688 \| $30,829 \| $32,113 \| $35,397 \| $37,680 \| \| \| \| \| \| Region 2 \| 1 Person \| 1.5 Person \| 2 Person \| 3 Person \| 4 Person \| 5 Person \| 6 Person \| 7 Person \| 8+ Person \| Rents* \| Sales* \| Max Increase \| Regional Asset Limit \| \|----------\|----------\|-------------\|----------\|-----------\|----------\|----------\|----------\|----------\|-----------\|--------\|----------\|----------------\|-------------------------\| \| Median \| $70,537 \| $75,576 \| $80,614 \| $90,691 \| $100,767 \| $104,798 \| $108,798 \| $116,890 \| $124,952 \| $133,013 \| \| \| 2.5% \| 5.67% \| \| Moderate \| $56,430 \| $60,460 \| $64,491 \| $72,553 \| $80,614 \| $83,638 \| $87,063 \| $93,512 \| $99,961 \| $106,410 \| \| \| $193,321 \| \| \| Low \| $35,269 \| $37,788 \| $40,307 \| $45,245 \| $50,384 \| $52,299 \| $54,414 \| $58,445 \| $62,476 \| $66,506 \| \| \| \| \| \| Very Low** \| $21,161 \| $22,673 \| $24,184 \| $27,207 \| $30,230 \| $31,439 \| $32,649 \| $35,067 \| $37,228 \| $39,485 \| \| \| $193,919 \| \| \| Region 3 \| 1 Person \| 1.5 Person \| 2 Person \| 3 Person \| 4 Person \| 5 Person \| 6 Person \| 7 Person \| 8+ Person \| Rents* \| Sales* \| Max Increase \| Regional Asset Limit \| \|----------\|----------\|-------------\|----------\|-----------\|----------\|----------\|----------\|----------\|-----------\|--------\|----------\|----------------\|-------------------------\| \| Median \| $62,810 \| $68,725 \| $74,640 \| $85,470 \| $118,300 \| $129,032 \| $127,764 \| $137,228 \| $146,892 \| $156,156 \| \| \| 2.6% \| 9.64% \| \| Moderate \| $56,248 \| $70,980 \| $75,716 \| $85,220 \| $94,640 \| $98,426 \| $102,711 \| $109,782 \| $117,354 \| $124,925 \| \| \| $225,261 \| \| \| Low \| $41,405 \| $44,363 \| $47,320 \| $53,235 \| $59,150 \| $60,516 \| $63,882 \| $68,614 \| $73,346 \| $78,078 \| \| \| \| \| \| Very Low** \| $20,843 \| $25,618 \| $28,392 \| $34,941 \| $55,490 \| $59,910 \| $63,329 \| $64,168 \| $64,008 \| $66,847 \| \| \| \| \| \| Region 4 \| 1 Person \| 1.5 Person \| 2 Person \| 3 Person \| 4 Person \| 5 Person \| 6 Person \| 7 Person \| 8+ Person \| Rents* \| Sales* \| Max Increase \| Regional Asset Limit \| \|----------\|----------\|-------------\|----------\|-----------\|----------\|----------\|----------\|----------\|-----------\|--------\|----------\|----------------\|-------------------------\| \| Median \| $72,165 \| $77,319 \| $82,474 \| $92,783 \| $103,062 \| $107,216 \| $111,340 \| $119,597 \| $127,884 \| $136,082 \| \| \| 2.6% \| 3.03% \| \| Moderate \| $57,732 \| $61,855 \| $65,979 \| $74,226 \| $82,474 \| $85,773 \| $89,072 \| $95,670 \| $102,288 \| $108,865 \| \| \| $193,919 \| \| \| Low \| $36,602 \| $38,660 \| $41,237 \| $47,742 \| $57,835 \| $59,545 \| $63,608 \| $65,670 \| $69,794 \| $73,917 \| \| \| $166,981 \| \| \| Very Low** \| $21,649 \| $23,196 \| $24,742 \| $27,835 \| $30,928 \| $32,165 \| $33,402 \| $35,676 \| $38,530 \| $40,825 \| \| \| \| \| \| Region 5 \| 1 Person \| 1.5 Person \| 2 Person \| 3 Person \| 4 Person \| 5 Person \| 6 Person \| 7 Person \| 8+ Person \| Rents* \| Sales* \| Max Increase \| Regional Asset Limit \| \|----------\|----------\|-------------\|----------\|-----------\|----------\|----------\|----------\|----------\|-----------\|--------\|----------\|----------------\|-------------------------\| \| Median \| $63,070 \| $67,575 \| $72,080 \| $81,090 \| $90,100 \| $95,704 \| $97,138 \| $104,516 \| $111,724 \| $118,992 \| \| \| 2.6% \| 3.91% \| \| Moderate \| $50,456 \| $54,060 \| $57,664 \| $65,872 \| $77,086 \| $74,963 \| $77,846 \| $83,615 \| $89,379 \| $95,145 \| \| \| $166,981 \| \| \| Low \| $31,335 \| $33,788 \| $39,640 \| $40,545 \| $45,050 \| $48,654 \| $49,852 \| $52,258 \| $55,882 \| $59,465 \| \| \| \| \| \| Very Low** \| $15,921 \| $20,273 \| $21,624 \| $24,327 \| $27,030 \| $29,111 \| $29,192 \| $31,355 \| $33,517 \| $35,880 \| \| \| \| \| \| Region 6 \| 1 Person \| 1.5 Person \| 2 Person \| 3 Person \| 4 Person \| 5 Person \| 6 Person \| 7 Person \| 8+ Person \| Rents* \| Sales* \| Max Increase \| Regional Asset Limit \| \|----------\|----------\|-------------\|----------\|-----------\|----------\|----------\|----------\|----------\|-----------\|--------\|----------\|----------------\|-------------------------\| \| Median \| $53,734 \| $57,550 \| $59,337 \| $69,061 \| $76,734 \| $79,003 \| $82,873 \| $93,540 \| $101,289 \| \| \| 2.6% \| 5.15% \| \| Atlantic, Cape May, Cumberland, and Salem \| $42,971 \| $45,040 \| $49,110 \| $55,248 \| $61,387 \| $63,843 \| $66,298 \| $71,209 \| $76,520 \| $81,031 \| \| \| $43,713 \| \| \| Moderate \| $28,857 \| $28,775 \| $30,634 \| $34,530 \| $38,367 \| $39,902 \| $41,436 \| $44,506 \| $47,575 \| $50,544 \| \| \| \| \| \| Low** \| $16,134 \| $17,265 \| $19,415 \| $20,718 \| $23,020 \| $23,941 \| $24,862 \| $26,782 \| $28,545 \| $30,587 \| \| \| \| \| * Moderate Income is between 80 and 150 percent of the median income. Low Income is 50 percent or less of median income. This column is used for calculating the pricing for rent increases for units (as previously calculated under N.J.A.C. 5:80-26.4(a)). * This column is used for calculating the pricing for resale increases for units (as previously calculated under N.J.A.C. 5:57-9.3). The increase for 2015 was 2.5%, the increase for 2016 was 1.1%, the increase for 2017 was 1.7%, and the increase for 2018 was 2.2%. The increase for 2019 is 2.6% Consumer price Index for All Urban Consumers (CPI-U): Regions by expenditure category and commodity and service group). Landlords who did not increase rents in 2015, 2016, 2017, or 2018 may increase rent up to the applicable combined percentages including 2019 or 5.0% whichever is less in accordance with N.J.A.C. 5:57-9.3(c). In no case can rent for any particular apartment be increased more than one time per year. ** The Regional Asset Limit is used in determining an applicant’s eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.15(d). Low income tax credit developments may increase based on the low income tax credit regulations. Exhibit B: December 17, 2021 Letter from Visalli Tract December 17, 2021 Via Email & Regular Mail Mayor & Township Committee Harrison Township Municipal Building 114 Bridgeton Pike Mullica Hill, New Jersey 08062 Attn: Diane Malloy, RMC RE: Mullica Hill Subdivision LLC Land Use Approvals for 140 Swedesboro Road / Block 45, Lot 16 Township of Harrison, Gloucester County, New Jersey File No.: KIN.131.001 Dear Mayor & Township Committee: On behalf of my client, Mullica Hill Subdivision LLC, I provide this correspondence in connection with the above-captioned matter. Mullica Hill Subdivision LLC is the contract purchaser of the property located at 140 Swedesboro Road in the Township of Harrison that is more particularly known as Block 45, Lot 16 on the Official Harrison Township Tax Map (the “Property”). In the course of its due diligence on the Property, my client is aware that, by Resolution No. 9-2010, adopted February 24, 2010, the Harrison Township Zoning Board of Adjustment granted to Robert J. Pacilli Homes, LLC an Amended Preliminary and Final Major Subdivision Approval, and, on February 24, 2010, adopted Resolution No. 9-2010 to memorialize those Approvals to allow for an age-restricted development consisting of 181 single-family detached homes, 24 affordable housing units in 12 duplex (twin) structures, and four open space lots, along with a clubhouse, pool and other recreational amenities on the Property. Those Approvals were the result of a settlement agreement dated May 5, 2009 by and between Robert J. Pacilli Homes, LLC and Tunlaw, Inc. and the Township of Harrison and the Harrison Township Zoning Board of Adjustment. Since that time, Robert J. Pacilli Homes, LLC did not perfect the subdivision of the Property pursuant to Resolution 9-2010, did not proceed with development of the property pursuant to Resolution 9-2010, did not seek an extension of the approvals, and subsequently relinquished its interest in the Property. In light of changed residential market trends and housing product demands, my client is not considering the development the Property in a manner consistent with the Approvals memorialized by Resolution 9-2010. Rather, my client intends to continue working with the Township of Harrison on a suitable development plan that will take advantage of the anticipated new Zoning Ordinance provisions for the Property. My client looks forward to working with the Township of Harrison and its Joint Land Use Board in connection with the development of the Property. Very truly yours, Clint B. Allen CLINT B. ALLEN cc: Caroline King (via email) Brian Duffield, Esquire (via email) Kevin Van Hise, Esquire (via email) Exhibit C: FY2021 Regional Income Limits TOWNSHIP OF HARRISON RESOLUTION NO. ______ RESOLUTION OF THE COMMITTEE OF THE TOWNSHIP OF HARRISON ADOPTING AN “AFFIRMATIVE MARKETING PLAN” FOR THE TOWNSHIP OF HARRISON WHEREAS, in accordance with applicable Council on Affordable Housing (“COAH”) regulations, the New Jersey Uniform Housing Affordability Controls (“UHAC”) (N.J.A.C. 5:80-26., et seq.), and the terms of a Settlement Agreement between the Township of Harrison and Fair Share Housing Center (“FSHC”), which was entered into as part of the Township’s Declaratory Judgment action entitled In the Matter of the Application of the Township of Harrison, County of Gloucester, Docket No. ESX-L-2778-18, which was filed in response to Supreme Court decision In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1, 30 (2015) (“Mount Laurel IV”), the Township of Harrison is required to adopt an Affirmative Marketing Plan to ensure that all affordable housing units created are affirmatively marketed to low and moderate income households, particularly those living and/or working within Housing Region 5, the COAH Housing Region encompassing the Township of Harrison. NOW, THEREFORE, BE IT RESOLVED, that Township Committee of the Township of Harrison, County of Gloucester, State of New Jersey, do hereby adopt the following Affirmative Marketing Plan: Affirmative Marketing Plan A. The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH Housing Region in which the municipality is located and covers the entire period of the deed restriction for each restricted housing unit. The Township of Harrison is located in COAH Housing Region 5, consisting of Gloucester, Burlington, and Camden Counties. B. The Township of Harrison has a plan to address both its Prior Round Obligation (1987-1999) and its Third Round Obligation (1999-2025). This Affirmative Marketing Plan shall apply to all developments that contain or will contain very low, low and moderate income units, including those that are part of the Township’s Housing Element and Fair Share Plan, and those that may be constructed in future developments not yet anticipated by the Housing Element and Fair Share Plan. C. The Affirmative Marketing Plan shall be implemented by the Administrative Agent under contract to the Township of Harrison, or the Administrative Agent of any specific developer approved by the Township. D. All of the costs of advertising and affirmatively marketing affordable housing units shall be borne by the developers/sellers/owners of affordable unit(s), and all such advertising and affirmative marketing shall be subject to approval and oversight by the designated Township Administrative Agent. E. The implementation of the Affirmative Marketing Plan for a development that includes affordable housing shall commence at least 120 days before the issuance of either a temporary or permanent certificate of occupancy. The implementation of the Affirmative Marketing Plan shall continue until all very low, low and moderate income housing units are initially occupied and for as long as the affordable units remain deed restricted such that qualifying new tenants and/or purchasers continues to be necessary. F. The Affirmative Marketing Plan is a continuing program that shall be followed throughout the entire period of affordability restrictions. In implementing the Affirmative Marketing Plan, the Administrative Agent, whether acting on behalf of the Township of Harrison or on behalf of a specific developer, shall meet the following requirements and shall undertake, at the minimum, all of the following strategies: 1. The primary marketing shall take the form of at least one press release and a paid display advertisement in the below newspapers the first week of the marketing program and each month thereafter until all units are leased or sold. Additional advertising and publicity shall be on an “as needed” basis. The developer/owner shall disseminate all public service announcements and pay for display advertisements. The developer/owner shall provide proof of all publications to the Administrative Agent. All press releases and advertisements shall be approved in advance by the Administrative Agent. 2. The advertisement shall, at a minimum, include a description of the: a. Location of the units; b. Directions to the units; c. Range of prices for the units; d. Size, as measured in bedrooms, of units; e. Maximum income permitted to qualify for the units; f. Location of applications; g. Business hours when interested households may obtain an application; h. Application fees. 3. All newspaper articles, announcements, and requests for applications for very low, low- and moderate-income units shall appear in the South Jersey Times, a daily newspaper, and may also use the Courier Post, a daily newspaper. 4. Publication of the advertisement or application on the New Jersey Housing Resource Center’s website (www.njhrc.gov). 5. One or more of the regional cable television stations or regional radio stations shall be used. The developer must provide satisfactory proof of public dissemination on at least one station that covers entire region. 6. Applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program shall provide for posting in the following locations: a. Harrison Municipal Building b. Harrison Township Web Site c. Harrison Library d. Developer’s Sales/Rental Offices e. Gloucester County Administration Building f. Burlington County Administration Building g. Camden County Administration Building h. Gloucester County Library (all branches) i. Burlington County Library (all branches) j. Camden County Library (all branches). 7. The Township’s Administrative Agent, or the Administrative Agent of a specific developer, shall comply with all requirements set forth in N.J.S.A. 52:27D-321.3 et seq. with regard to the affirmative marketing of affordable housing units. G. Applications shall be mailed by the Township’s Administrative Agent and Municipal Housing Liaison, or by the Administrative Agent of any specific developer, to prospective applicants upon request. Also, applications shall be available at the developer’s sales/rental office and application forms shall be mailed to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the Gloucester County NAACP (P. O. Box 545, Williamstown, New Jersey 08094); Camden County NAACP (1123 1/2 Kaighn Avenue, Camden, New Jersey 08103); The Latino Action Network (P. O. Box 943, Freehold, New Jersey 07728); Willingboro NAACP (P. O. Box 207, Roebling, New Jersey 08554); and The Supportive Housing Association (15 Alden Street #14, Cranford, New Jersey 07016); and other appropriate non-profits and Civil Rights organizations. H. The Township’s Administrative Agent shall develop, maintain and update a list of community contact person(s) and/or organization(s) in Gloucester, Burlington, and Camden Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region, including major regional employers. I. The Township’s Administrative Agent shall develop, maintain and update a list of major employers in Gloucester, Burlington, and Camden Counties that will aid in the affirmative marketing program. J. A random selection method to select occupants of very low, low- and moderate-income housing will be used by the Township’s Administrative Agent, or the Administrative Agent of any specific developer, in conformance with N.J.A.C. 5:80-26.16 (l). This Affirmative Marketing Plan provides a regional preference for very low, low and moderate income households that live and/or work in COAH Housing Region 5, which is comprised of Gloucester, Burlington, and Camden Counties. Pursuant to the New Jersey Fair Housing Act (C.52:27D-311), a preference for very low, low and moderate income veterans duly qualified under N.J.A.C. 54:4-8.10 may also be exercised, provided an agreement to this effect has been executed between the developer or landlord and the Township prior to the affirmative marketing of the units. K. The Township’s Administrative Agent, or the Administrative Agent of any specific developer, shall administer the Affirmative Marketing Plan. The Administrative Agent has the responsibility to income qualify very low, low and moderate income households; to place income eligible households in very low, low and moderate income units upon initial occupancy; to provide for the initial occupancy of very low, low and moderate income units with income qualified households; to continue to qualify households for re-occupancy of units as they become vacant during the period of affordability controls; to assist with outreach to very low, low and moderate income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:80-26-1, et seq. L. The Township’s Administrative Agent, or the Administrative Agent of any specific developer, shall provide or direct qualified very low, low and moderate income applicants to counseling services on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law and shall develop, maintain and update a list of entities and lenders willing and able to perform such services. M. All developers/owners of very low, low and moderate income housing units shall be required to undertake and pay the costs of the marketing of the affordable units in their respective developments, subject to the direction and supervision of the Township’s Administrative Agent. N. The Township’s Administrative Agent shall provide the Affordable Housing Liaison with the information required to comply with monitoring and reporting requirements pursuant to N.J.A.C. 5:80-26-1, et seq. BE IT FURTHER RESOLVED that the appropriate Township officials and professionals are authorized to take all actions required to implement the terms of this Resolution. BE IT FURTHER RESOLVED that this Resolution shall take effect pursuant to law. __________________________________________ Mayor, Township of Harrison I, ________________________, Township Clerk of the Township of Harrison, do hereby certify that the above is a true copy of a resolution adopted by the Township Committee at a meeting held on _______________, 2022. __________________________________________ Township Clerk, Township of Harrison Chapter 67. Affordable Housing § 67-1. Affordable housing obligation: general program purposes, procedures. A. This section of the Township Code sets forth regulations regarding the low and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c.46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a settlement agreement between the Township and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low and moderate-income households. B. This chapter is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This chapter shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law. C. The Harrison Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Mayor and Council of the Township of Harrison. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element. D. This chapter implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented. E. The Township shall file monitoring and status reports with Fair Share Housing Center ("FSHC") and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring evaluation report prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Harrison Municipal Building. F. On or about June 1 of each year through the end of the period of Third Round Judgment of Repose, the Township will provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to all parties to the Township's Court-approved settlement agreements, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC. G. The Fair Housing Act includes two provisions regarding action to be taken by the Township during the ten-year period of protection provided in the Township's Court-approved agreement with FSHC. The Township agrees to comply with those provisions as follows: (1) By July 1, 2020, the Township must prepare a midpoint realistic opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues. In the event the Court determines that a site or mechanism no longer presents a realistic opportunity and should be replaced or supplemented, then the municipality shall have the opportunity to supplement or revise its plan to correct any deficiency. (2) Within 30 days of June 1, 2021 and June 1, 2024 the Township shall prepare a review of compliance with the very-low-income housing requirements required by N.J.S.A. 52:27D-329.1 and its Court-approved settlement agreement with FSHC. The Township will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very-low-income requirements, including the family very-low income requirements referenced herein and in the Township's settlement agreement with FSHC. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income housing obligation. § 67-2. Definitions. As used herein the following terms shall have the following meanings: ACT The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.). ADAPTABLE Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. ADMINISTRATIVE AGENT The entity responsible for the administration of affordable units in accordance with this ordinance, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq. AFFIRMATIVE MARKETING A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15. AFFORDABILITY AVERAGE The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households. AFFORDABLE A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented. AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development. AFFORDABLE HOUSING DEVELOPMENT A housing development of which all or a portion of which consists of restricted units. AFFORDABLE HOUSING PROGRAM(S) Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation. AFFORDABLE UNIT A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund. AGE-RESTRICTED UNIT A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that all the residents of the development where the unit is situated are 62 years or older; or at least 80% of the units are occupied by one person that is 55 years or older; or the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607. AGENCY The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.). ALTERNATIVE LIVING ARRANGEMENT A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements. ASSISTED LIVING RESIDENCE A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. CERTIFIED HOUSEHOLD A household that has been certified by an Administrative Agent as a low-income household or moderate-income household. COAH The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). DCA The State of New Jersey Department of Community Affairs. DEVELOPER Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land. The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. DEVELOPMENT FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8. EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c). FAIR SHARE PLAN The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5. HOUSING ELEMENT The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation. INCLUSIONARY DEVELOPMENT A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure. LOW-INCOME HOUSEHOLD A household with a total gross annual household income equal to 50% or less of the median household income. LOW-INCOME UNIT A restricted unit that is affordable to a low-income household. MARKET-RATE UNITS Housing not restricted to low- and moderate-income households that may sell or rent at any price. MEDIAN INCOME The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court. MODERATE-INCOME HOUSEHOLD A household with a total gross annual household income in excess of 50% but less than 80% of the median household income. MODERATE-INCOME UNIT A restricted unit that is affordable to a moderate-income household. NONEXEMPT SALE** Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order. RANDOM SELECTION PROCESS A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery). REGIONAL ASSET LIMIT The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved regional income limits. REHABILITATION The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6. RENT The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services. RESTRICTED UNIT A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI. SPECIAL MASTER An expert appointed by a judge to make sure that judicial orders are followed. A master’s function is essentially investigative, compiling evidence or documents to inform some future action by the court. UHAC Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq. VERY-LOW-INCOME HOUSEHOLD A household with a total gross annual household income equal to 30% or less of the median household income. VERY-LOW-INCOME UNIT A restricted unit that is affordable to a very-low-income household. § 67-3. Administration of affordable units. The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units. A. Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low and moderate-income units whether developed in a single phase development, or in a multi-phase development: \| Maximum Percentage of Low-Market-Rate Units Completed \| Minimum Percentage of and Moderate-Income Units Completed \| \|--------------------------------------------------------\|----------------------------------------------------------\| \| 25% \| 0% \| \| 25% + 1 unit \| 10% \| \| 50% \| 50% \| \| 75% \| 75% \| \| Maximum Percentage of Low-Market-Rate Units Completed \| Minimum Percentage of and Moderate-Income Units Completed \| \|-----------------------------------------------------\|----------------------------------------------------------\| \| 90% \| 100% \| \| 100% \| \| B. Design. In inclusionary developments, low- and moderate-income units shall be integrated with the market units. C. Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development. D. Low/moderate split and bedroom distribution of affordable housing units. (1) The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. (2) In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units. (3) Within rental developments, of the total number of affordable rental units, at least 13% of the restricted units within each bedroom distribution shall be affordable to very-low-income households. (4) At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households. (5) Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that: (a) The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units; (b) At least 30% of all low- and moderate-income units shall be two-bedroom units; (c) At least 20% of all low- and moderate-income units shall be three-bedroom units; and (d) The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer. (6) Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. E. Accessibility requirements. (1) The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. (2) All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features: (a) An adaptable toilet and bathing facility on the first floor; (b) An adaptable kitchen on the first floor; (c) An interior accessible route of travel on the first floor; [1] An interior accessible route of travel shall not be required between stories within an individual unit; (d) An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and (e) An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible: [1] Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed. [2] To this end, the builder of restricted units shall deposit funds within the Township of Harrison's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances. [3] The funds deposited under Subsection E(2)(e)[2] herein, shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance. [4] The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Harrison. [5] Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Harrison's affordable housing trust fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked. [6] Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7. F. Maximum rents and sales prices. (1) In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established. (2) The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income. (3) The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units. (a) At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. (4) The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type. (5) In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met: (a) A studio or efficiency unit shall be affordable to a one-person household; (b) A one-bedroom unit shall be affordable to a 1 1/2 person household; (c) A two-bedroom unit shall be affordable to a three-person household; (d) A three-bedroom unit shall be affordable to a 4 1/2 person household; and (e) A four-bedroom unit shall be affordable to a six-person household. (6) In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met: (a) A studio or efficiency unit shall be affordable to a one-person household; (b) A one-bedroom unit shall be affordable to a 1 1/2 person household; and (c) A two-bedroom unit shall be affordable to a two-person household or to two one-person households. (7) The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented. (8) The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented. (9) The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price. Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows: (a) Regional income limits shall be established for the Region 5 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 5. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year. (b) The income limits calculated each year shall be the result of applying the percentages set forth in Subsection F(9)(a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year. (c) The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection F(9)(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year. (10) The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits. (11) Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program. G. Condominium and homeowners' association fees. For any affordable housing unit that is part of a condominium association and/or homeowner's association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee. H. Affordable unit controls and requirements. The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units. I. Affirmative marketing. (1) The Township shall adopt by resolution an affirmative marketing plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented. (2) The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 5 and covers the period of deed restriction. (3) The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 5, comprised of Gloucester, Burlington, Camden and Gloucester. (4) The Administrative Agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality. (5) The Township shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, Gloucester County NAACP, Gloucester County Urban League, and Gloucester County Housing Coalition, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this subsection. (6) In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law. (7) The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy. (8) The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Harrison. J. Occupancy standards. (1) In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to: (a) Provide an occupant for each bedroom; (b) Provide separate bedrooms for parents and children; (c) Provide children of different sexes with separate bedrooms; and (d) Prevent more than two persons from occupying a single bedroom. (2) Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual. K. Selection of occupants of affordable housing units. (1) The Administrative Agent shall use a random selection process to select occupants of low-and moderate-income housing. (2) A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq. L. Control periods for restricted ownership units and enforcement mechanisms. (1) Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability. (2) Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years. (3) The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. (4) The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units. (5) A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented. M. Price restrictions for restricted ownership units, homeowner association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including: (1) The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent. (2) The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards. (3) The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners. (4) The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. N. Buyer income eligibility. (1) Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income. (2) The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income. O. Limitations on indebtedness secured by ownership unit; subordination. (1) Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section. (2) With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b). P. Control periods for restricted rental units. (1) Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability. (a) Restricted rental units created as part of developments receiving 9% Low Income Housing Tax Credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period. (2) Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years. (3) Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Gloucester. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy. (4) A restricted rental unit shall remain subject to the affordability controls of this chapter, despite the occurrence of any of the following events: (a) Sublease or assignment of the lease of the unit; (b) Sale or other voluntary transfer of the ownership of the unit; or (c) The entry and enforcement of any judgment of foreclosure. Q. Price restrictions for rental units; leases. (1) A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent. (2) No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent. (3) Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this chapter. R. Tenant income eligibility. (1) Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows: (a) Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income. (b) Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income. (c) Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income. (2) The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists: (a) The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs; (b) The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay; (c) The household is currently in substandard or overcrowded living conditions; (d) The household documents the existence of assets with which the household proposes to supplement the rent payments; or (e) The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit. (3) The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection R(2)(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting. S. Conversions. Each affordable housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit. T. Alternative living arrangements. (1) The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions: (a) Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court; (b) Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3). (2) With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court. (3) The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement. § 67-4. Municipal Housing Liaison. A. The position of Municipal Housing Liaison for the Township of Harrison is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Mayor and Council and be subject to the approval by the Superior Court. B. The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Harrison. C. The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93. D. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Harrison, including the following responsibilities which may not be contracted out to the Administrative Agent: (1) Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households; (2) The implementation of the Affirmative Marketing Plan and affordability controls. (3) When applicable, supervising any contracting Administrative Agent. (4) Monitoring the status of all restricted units in the Township of Harrison's Fair Share Plan; (5) Compiling, verifying and submitting annual reports as required by the Superior Court; (6) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and (7) Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court. § 67-5. Administrative Agent. A. The Township shall designate by resolution of the Township Mayor and Council, subject to the approval of the Superior Court, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC. B. An operating manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The operating manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s). C. The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes: (1) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court; (2) Affirmative marketing; (3) Household certification; (4) Affordability controls; (5) Records retention; (6) Resale and rerental; (7) Processing requests from unit owners; and (8) Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality. (9) The Administrative Agent shall, as delegated by the Township Mayor and Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder. § 67-6. Enforcement of affordable housing regulations. A. Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance. B. After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice: (1) The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court: (a) A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense; (b) In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Harrison Affordable Housing Trust Fund of the gross amount of rent illegally collected; (c) In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court. (2) The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the low-and moderate-income unit. C. Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale. D. The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality. E. Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption. F. If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described. G. Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units. H. The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner. § 67-7. Appeals. Appeals from all decisions of an Administrative Agent designated pursuant to this chapter shall be filed in writing with the Township.	fd3b7d69-fcb2-4be5-9368-663c8126b5c5	CC-MAIN-2024-18	https://harrisontwp.us/wp-content/uploads/2022/11/220304-Draft-Housing-Plan-.pdf	2024-04-20T06:42:30+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-18/subset=warc/part-00190-29538f81-5664-4df2-acb6-7d8ba3d2a1aa.c000.gz.parquet	256,797,681	38,575	eng_Latn	eng_Latn	0.906477	eng_Latn	0.99092	[ "wes_Latn", "eng_Latn", "eng_Latn", "pol_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "eng_Latn", "eng_Latn", "unknown", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	true	docling	[ 138, 546, 1167, 1799, 4512, 6251, 8937, 10923, 12583, 15518, 18330, 21464, 24514, 27581, 30210, 32338, 32545, 33137, 33346, 33560, 34157, 34682, 34694, 37050, 39888, 42413, 45467, 48417, 51368, 53955, 57000, 60039, 63160, 66628, 70159, 73520, 77114, 79422, 79955, 80062, 82390, 84488, 87844, 90768, 94535, 98314, 101784, 105234, 107561, 107836, 116001, 116057, 117667, 118698, 118740, 120980, 123801, 126108, 129219, 129837, 133244, 136480, 139405, 142415, 145363, 148508, 152096, 155954, 159823, 163126, 166754, 169903, 173021, 176176, 180722, 181515 ]
Prayer 48. Please see the insert. The Electoral Roll is currently being updated in preparation for the APCM in April. Please check the draft on the noticeboard, or if you have started coming to St James' in the last year, and would like to be on the roll, pick up a form from the table in the entrance foyer. Please put completed forms in the Electoral Roll Officer's pigeonhole by (Easter Day). Nominations for PCC members. At the APCM on 24 April we need to fill 3 vacancies on the PCC. Please think about whether you could take on this role and speak to any member of the PCC if you want to find out more. Nomination forms are with the sign-up sheet on the noticeboard. Will gardeners please think about growing some plants in the coming weeks/months so we have some items for the Plant Stall June. Thank you. Grass cutting . Volunteers are needed please to help with the grass cutting; please sign the sheet on the noticeboard if you can help. Sign up sheets for Holy Week. We need readers for the various services in Holy Week. There is also the sign-up sheet for the vigil on Maundy will cost £3 this year. Please sign the list on the noticeboard and pay Julie Turner or Maureen Gibbs before Easter please. Good Friday Workshop, Friday 25 March. Anne Streather is grateful for offers of help—there is a sign-up sheet on the noticeboard. Please get in Edward and Joanne Westrip, Saskia, Christian Stan and Susan Wilson, Catherine, Nicola & Amy Grae and Jacqui Worster, Susannah, Lizzie, Katherine and Caroline Sally and Robert Young, George and Peter and Theo 363113 [email protected] Pam Butler, 07745 591235 [email protected] Edward Westrip, (01223) 240596 [email protected] Mary Calladine, (01223) 246742 Rosemary Monk, (01223) 246421 246419 (Mondays, Wednesdays & Thursdays Meditation Group	<urn:uuid:0bdc4fae-a5df-4efa-8c4b-43c927509aa3>	CC-MAIN-2018-05	http://stjamescambridge.org.uk/wp-content/uploads/2016/03/13-March-2016-5th-Sunday-of-Lent-Passiontide-begins.pdf	2018-01-23T03:51:41Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-05/segments/1516084891706.88/warc/CC-MAIN-20180123032443-20180123052443-00394.warc.gz	328,848,865	454	eng_Latn	eng_Latn	0.737263	eng_Latn	0.996151	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1366, 1840 ]
Jack Nicholson All the words are hidden vertically, horizontally or diagonally—in both directions. The letters that remain unused form a sentence from left to right. ETCDOOWYLLOHJSAMHRNCKHNNLICNRHIEYEOSTNLASOOEOTSBWAAUUNBOISDICHAYFCOBATMANIRAIBOFCYLREAALRAENYROEDATKRYRYNHIKKHSCEBSIOSESESNIRGSTRRANBAACCGLEOTOEERBEWOESFYLHKKMCOLONELSMEGEAAMERICANNGMRWLEJIRATIONTWOOGETRHERWITHITFMNRUBTRAEHROTBDEEWORIERTDECNINROANDALPACHINGOLDENGLOBEO EASY RIDER GOFER GOLDEN GLOBE GRIN HEARTBURN HOFFA HOLLYWOOD IRONWEED JAKE LAKERS MARINE MARS NEW YORK OSCAR SCENARIO SUCCESS THE SHINING TIME TOMMY WITCH WOMEN YOUTH AMERICAN BASKETBALL BATMAN BRIMMER BUNNY CARTOONS COLONEL COWBOY CRY BABY KILLER SYMBOL SUMS Can you work out these number sums using three of these four symbols? + - ÷ × (No fractions or minus numbers are involved in the sum as you progress from left to right.) 15 □ 4 □ 4 □ 11 = 51	dffd5b30-9556-41d5-a6e5-a18cb091a9c0	CC-MAIN-2022-49	https://www.rd.com/wp-content/uploads/2020/04/jacknicholson_wordsearch.pdf	2022-12-03T08:36:33+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2022-49/subset=warc/part-00049-a0906200-461b-4808-9b94-6c53daf73f61.c000.gz.parquet	1,008,480,477	346	eng_Latn	eng_Latn	0.755966	eng_Latn	0.755966	[ "eng_Latn" ]	true	docling	[ 892 ]
Several cascading issues: - rabbitmq-server was not running - celeryd processes lurking in the background and not dying properly - celery memory leak causing the tests to restart (resulting in endless loop) - reference reconstruction data sets appear to be out-of-spec So I restarted rabbitmq-server and killed the lurking celeryd processes. This fixes the first issues, at least for now. At r1021 I reduced the size of the test job to prevent the memory leak in celery from forcing a restart of the test. Now on my local machines tests are failing on KS test out-of-bounds. Attached the failing KS tests, running on my local machine. Note all test failures in Ckov. Test output below: ``` Printing output to /home/cr67/MAUS/maus_merge_online/tmp/test_analyze_data_online/test_data.cat_histos/end_of_run/4235/imageReducePyTOFPlot_compared.root ht01 KolmogorovTest 7.0 7.0 1.0 Pass spx0 KolmogorovTest 89.0 89.0 1.0 Pass spx1 KolmogorovTest 89.0 89.0 1.0 Pass spx2 KolmogorovTest 89.0 89.0 1.0 Pass spy0 KolmogorovTest 69.2 69.2 1.0 Pass spy1 KolmogorovTest 69.2 69.2 1.0 Pass spy2 KolmogorovTest 69.2 69.2 1.0 Pass hnsp_0 KolmogorovTest 498.0 498.0 1.0 Pass hnsp_1 KolmogorovTest 393.0 393.0 1.0 Pass hnsp_2 KolmogorovTest 602.0 602.0 1.0 Pass hpmthits000 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits001 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits010 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits011 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits100 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits101 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits110 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits111 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits200 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits201 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits210 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits211 KolmogorovTest 105.5 105.5 1.0 Pass hslabhits00 KolmogorovTest 130.8 130.8 1.0 Pass hslabhits01 KolmogorovTest 105.5 105.5 1.0 Pass hslabhits10 KolmogorovTest 130.8 130.8 1.0 Pass hslabhits11 KolmogorovTest 105.5 105.5 1.0 Pass hslabhits20 KolmogorovTest 130.8 130.8 1.0 Pass hslabhits21 KolmogorovTest 105.5 105.5 1.0 Pass hspxy_0 KolmogorovTest 8.0 8.0 1.0 Pass hspxy_1 KolmogorovTest 24.0 24.0 1.0 Pass Printing output to /home/cr67/MAUS/maus_merge_online/tmp/test_analyze_data_online/test_data.cat_histos/end_of_run/4235/imageReducePyCkovPlot_compared.root ``` #3 - 09 January 2014 10:54 - Rogers, Chris - Assignee changed from Rogers, Chris to Rajaram, Durga Just looking at the plots - it looks like a lot more PMT hits are coming out with "0" charge. I don't know why this might be - Durga, I think you need to check this one as you are closest to the Ckov development. #4 - 10 January 2014 09:11 - Rogers, Chris This now fails on the KS tests in Ckov, even on the test server (#51) http://test.mice.rl.ac.uk/job/MAUS_online/51/changes ============================== FAIL: Check that analyze_data_online makes good histos for full run =============================== Traceback (most recent call last): File "/home/jenkins/workspace/MAUS_online/tests/integration/test_analyze_data_online/test_analyze_data_online.py", line 163, in test_root_histos self.assertEqual(test_pass, True) AssertionError: False != True Linking /home/jenkins/workspace/MAUS_online/third_party/install/share/test_data/test_data.cat to /home/jenkins/workspace/MAUS_online/tmp/test_analyze_data_online/test_data.cat /home/jenkins/workspace/MAUS_online/tmp/test_analyze_data_online//test_data.cat_histos//raw False /home/jenkins/workspace/MAUS_online/tmp/test_analyze_data_online//test_data.cat_histos/ True Running analyze online Point your browser at http://localhost:9000/maus/ Printing output to /home/jenkins/workspace/MAUS_online/tmp/test_analyze_data_online/test_data.cat_histos/end_of_run/4235/imageReducePyTOFPlot_compared.root ht01 KolmogorovTest 7.0 7.0 1.0 Pass spx0 KolmogorovTest 89.0 89.0 1.0 Pass spx1 KolmogorovTest 89.0 89.0 1.0 Pass spx2 KolmogorovTest 89.0 89.0 1.0 Pass spy0 KolmogorovTest 69.2 69.2 1.0 Pass spy1 KolmogorovTest 69.2 69.2 1.0 Pass spy2 KolmogorovTest 69.2 69.2 1.0 Pass hnsp_0 KolmogorovTest 489.0 498.0 1.0 Pass hnsp_1 KolmogorovTest 384.0 393.0 1.0 Pass hnsp_2 KolmogorovTest 593.0 602.0 1.0 Pass hpmthits000 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits001 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits010 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits011 KolmogorovTest 105.5 105.5 1.0 Pass hpmthits100 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits101 KolmogorovTest 130.8 130.8 1.0 Pass hpmthits110 KolmogorovTest 105.5 105.5 1.0 Pass #5 - 10 January 2014 10:31 - Rajaram, Durga It turns out that some changes to the unpacker [ change to the pedestal data type from int to double ] changed the charge calculation, and hence the pmt plots. I have updated the ckov reference root file and it passes on my machine. Will have to see how it goes on the test server #6 - 14 January 2014 10:55 - Rogers, Chris - Status changed from Open to Closed - % Done changed from 0 to 100 Fixed in r1023 (though there were a few more revisions round then that may have fixed some "incorrect commit" type issues #7 - 05 February 2014 07:28 - Rajaram, Durga - Target version changed from Future MAUS release to MAUS-v0.7.7 Files imageReducePyCkovPlot_compared.root 153 KB 09 January 2014	<urn:uuid:a301b364-47a0-4373-93a0-2bf167cd6f35>	CC-MAIN-2021-49	https://micewww.pp.rl.ac.uk/issues/1395.pdf	2021-12-04T23:19:47+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-49/subset=warc/part-00065-eb7089cf-762b-4a3e-8cab-20b677c0d246.c000.gz.parquet	470,085,595	1,938	eng_Latn	eng_Latn	0.541078	eng_Latn	0.568671	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	docling	[ 2353, 4555, 5300 ]
Australian Capital Territory Information Privacy Act 2014 A2014-24 Republication No 8 Effective: 1 January 2018 Republication date: 1 January 2018 Last amendment made by A2017-14 (republication for amendments by A2016-55 as amended by A2017-14) About this republication The republished law This is a republication of the Information Privacy Act 2014 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2018. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2018. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): - authorised republications to which the Legislation Act 2001 applies - unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Information Privacy Act 2014 Contents Effective: 01/01/18 01/01/18 Effective: 01/01/18 Contents Effective: 01/01/18 01/01/18 Contents Page 69 Information Privacy Act 2014 contents 5 5 Earlier republications Australian Capital Territory Information Privacy Act 2014 Information Privacy Act 2014 page 1 An Act to regulate the handling of personal information by public sector agencies and contracted service providers, and for other purposes Part 1 Part 1 Preliminary 1 Name of Act This Act is the Information Privacy Act 2014. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition 'territory record, for schedule 1 (Territory privacy principles)—see the Territory Records Act 2002, section 9 (3).' means that the term 'territory record' is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Penalty units Note 2 The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Relationship with other laws This Act does not affect the operation of any other territory law, including— (a) the Freedom of Information Act 2016; and (b) the Health Records (Privacy and Access) Act 1997; and (c) the Residential Tenancies Act 1997, part 7 (Residential tenancy databases); and. (d) the Territory Records Act 2002 Part 2 Part 2 Objects and important concepts 7 Objects of Act The objects of this Act are to— (a) promote the protection of the privacy of individuals; and (b) recognise that the protection of the privacy of individuals is balanced with the interests of public sector agencies in carrying out their functions or activities; and (c) promote responsible and transparent handling of personal information by public sector agencies and contracted service providers; and (d) provide a way for individuals to complain about an alleged interference with their privacy. 8 Meaning of personal information (1) For this Act, personal information— (a) means information or an opinion about an identified individual, or an individual who is reasonably identifiable— (i) whether the information or opinion is true or not; and (ii) whether the information or opinion is recorded in a material form or not; but (b) does not include personal health information about the individual. (2) In this section: personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary. 9 Meaning of public sector agency For this Act, a public sector agency means— (a) a Minister; or (b) an administrative unit; or (c) a statutory office-holder and the staff assisting the statutory office-holder; or (d) a territory authority; or (e) a territory instrumentality; or (f) ACTTAB Limited; or (g) an ACT court; or (h) an entity prescribed by regulation. 10 Reference to act or practice of a public sector agency etc (1) A reference in this Act to an act or practice— (a) of a public sector agency—is a reference to an act done, or a practice engaged in, by the agency; and (b) of a contracted service provider under a government contract— is a reference to an act done, or a practice engaged in, by the provider for the purpose of performing its obligations under the contract. Note A reference to an act done, or a practice engaged in, by a public sector agency or contracted service provider includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise (see Legislation Act, s 184A). (2) A reference in this Act to doing an act includes a reference to— (a) doing an act in accordance with a practice; or (b) failing to do an act. Note Fail includes refuse (see Legislation Act, dict, pt 1). 11 Meaning of interference with individual's privacy (1) For this Act, an act or practice of a public sector agency is an interference with an individual's privacy if the act or practice breaches— (a) a TPP in relation to personal information about the individual; or (b) a TPP code that binds the agency in relation to personal information about the individual. (2) For this Act, an act or practice of a contracted service provider under a government contract is an interference with an individual's privacy if the act or practice would be an interference with an individual's privacy if the act or practice was done or engaged in by the relevant public sector agency for the contract. (3) In this section: relevant public sector agency, for a government contract, means— (a) if the Territory is a party to the contract—the public sector agency that entered into the contract on behalf of the Territory; or (b) if the Territory is not a party to the contract—the public sector agency that is a party to the contract. 12 Meaning of breach a TPP etc (1) For this Act, an act or practice breaches a TPP only if it is contrary to, or inconsistent with, the TPP. (2) However, an act or practice does not breach a TPP if— (a) the act is done, or the practice is engaged in, outside the ACT; and (b) the act or practice is required by a law of another jurisdiction or a foreign country. Part 2 Section 12 (3) In this section: TPP includes a TPP code. Part 3 Territory privacy principles Division 3.1 Important concepts—Territory privacy principles Section 13 Part 3 Territory privacy principles Division 3.1 Important concepts—Territory privacy principles 13 Territory privacy principles (1) The Territory privacy principles (the TPPs) are set out in schedule 1. Note The TPPs differ from the Commonwealth APPs (see sch 1, note 3). (2) If a provision of this Act refers to a TPP by a number, the reference is a reference to the provision of schedule 1 having that number. 14 Definitions—sch 1 In schedule 1: Australian law— (a) means a Territory, Commonwealth or State law; and (b) includes the common law. Note State includes the Northern Territory (see Legislation Act collects, personal information—see section 15. court or tribunal order— (a) means an order, direction or other instrument made by an ACT court; and (b) includes an order, direction or other instrument of an interim or interlocutory nature. de-identified, personal information—see section 18. , dict, pt 1). enforcement body means any of the following: (a) the Australian Federal Police; (b) a State police force or service; Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (c) the DPP or similar body established under a Commonwealth or State law; (d) a body established under a territory, Commonwealth or State law to the extent that it is responsible for administering, or exercising a function under— (i) a law that imposes a penalty or sanction; or (ii) a law prescribed by regulation; (e) a body established under a territory, Commonwealth or State law to conduct criminal investigations or inquiries; (f) a body established under a territory, Commonwealth or State law to the extent that it is responsible for administering a law relating to the protection of public revenue; (g) a body prescribed by regulation. enforcement-related activity means— (a) the prevention, detection, investigation, prosecution or punishment of— (i) criminal offences; or (ii) breaches of a law imposing a penalty or sanction; or (b) the conduct of surveillance activities, intelligence gathering activities or monitoring activities; or (c) the conduct of protective or custodial activities; or Part 3 Division 3.1 (d) the enforcement of law relating to the confiscation of the proceeds of crime; or (e) the protection of public revenue; or (f) the prevention, detection, investigation or remedying of misconduct of a serious nature, or other conduct prescribed by regulation; or (g) the preparation for, or conduct of, a proceeding before a court or tribunal; or (h) the implementation of a court or tribunal order. holds, personal information—see section 16. permitted general situation, in relation to the collection, use or disclosure of personal information—see section 19. related body corporate—see the Corporations Act, section 9. sensitive information, in relation to an individual, means personal information that is— (a) about the individual's— (i) racial or ethnic origin; or (ii) political opinions; or (iii) membership of a political association; or (iv) religious beliefs or affiliations; or (v) philosophical beliefs; or (vi) membership of a professional or trade association; or (vii) membership of a trade union; or (viii) sexual orientation or practices; or (ix) criminal record; or (b) genetic information about the individual; or (c) biometric information about the individual that is to be used for the purpose of automated biometric verification or biometric identification; or (d) a biometric template that relates to the individual. Note Sensitive information does not include personal health information (see s 8). solicits, personal information—see section 17. territory record—see the Territory Records Act 2002, section 9 (3). TPP privacy policy—see TPP 1.3. 15 Meaning of collects personal information—sch 1 For schedule 1, a public sector agency collects personal information only if the agency collects the personal information for inclusion in a record or generally available publication. 16 Meaning of holds personal information—sch 1 For schedule 1, a public sector agency holds personal information if the agency has possession or control of a record that contains the personal information. 17 Meaning of solicits personal information—sch 1 For schedule 1, a public sector agency solicits personal information if the agency requests another entity to provide— (a) the personal information; or (b) a kind of information in which the personal information is included. Part 3 Division 3.1 18 Meaning of de-identified personal information—sch 1 For schedule 1, personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable. 19 Meaning of permitted general situation in relation to the collection, use or disclosure of personal information— sch 1 (1) For schedule 1, a permitted general situation exists in relation to the collection, use or disclosure by a public sector agency of personal information about an individual if— (a) both of the following apply: (i) it is unreasonable or impracticable to obtain the individual's consent to the collection, use or disclosure; (ii) the agency reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual, or to public health or safety; or (b) both of the following apply: (i) the agency has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the agency's functions or activities has been, is being or may be engaged in; (ii) the agency reasonably believes that the collection, use or disclosure is necessary in order for the agency to take appropriate action in relation to the matter; or (c) both of the following apply: (i) the agency reasonably believes that the collection, use or disclosure is reasonably necessary to assist an entity to locate a person who has been reported as missing; Note Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1). (ii) the collection, use or disclosure complies with the rules made under subsection (2); or (d) the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or (e) the collection, use or disclosure is reasonably necessary for the purposes of a confidential alternative dispute resolution process. (2) For subsection (1) (c) (ii), the information privacy commissioner may make rules relating to the collection, use or disclosure of personal information. Note See s 56 (Instruments made under this Act). (3) A rule is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. Division 3.2 Compliance with TPPs 20 Public sector agencies must comply with TPPs A public sector agency must not do an act, or engage in a practice, that breaches a TPP. Effective: 01/01/18 Part 3 Territory privacy principles Division 3.2 Compliance with TPPs 21 Privacy protection requirements for government contracts (1) A public sector agency must not enter into a government contract unless the contract contains appropriate contractual provisions requiring the contracted service provider, and any subcontractor for the contract, to comply with— (a) the TPPs; or (b) a TPP code that binds the agency; or (c) a corresponding privacy law. (2) Also, a public sector agency must not enter into a government contract that authorises the contracted service provider, or any subcontractor for the contract, to do an act, or engage in a practice, that breaches a TPP, TPP Code or corresponding law that applies to the contract under the contractual provisions mentioned in subsection (1). (3) Failure by a public sector agency to comply with this section does not affect any obligation the agency, or the contracted service provider, has under this Act or the government contract in relation to compliance with the TPPs, or a TPP code that binds the agency. (4) In this section: corresponding privacy law means— (a) the Privacy Act 1988 (Cwlth); or (b) a law of a State, external territory or foreign country prescribed by regulation. subcontractor, in relation to a government contract— (a) means a person engaged by the contracted service provider under the government contract to provide the services the subject of the government contract; and (b) includes any other person engaged under a subcontracting arrangement to provide the services the subject of the government contract. Division 3.3 Other privacy compliance matters 22 Deemed breach in relation to acts and practices of overseas recipients of personal information (1) This section applies if— (a) a public sector agency discloses personal information about an individual to an overseas recipient; and (b) TPP 8.1 applies to the disclosure of the information; and (c) the TPPs do not apply, under this Act, to an act done, or a practice engaged in, by the overseas recipient in relation to the information; and (d) the overseas recipient does an act, or engages in a practice, in relation to the information that would be a breach of a TPP (other than TPP 1) if the TPP applied to the act or practice. (2) The act done, or the practice engaged in, by the overseas recipient is taken, for this Act— (a) to have been done, or engaged in, by the public sector agency; and (b) to be a breach of the TPP by the agency. Part 3 Territory privacy principles Division 3.3 Other privacy compliance matters 23 Commonwealth APPs apply to certain public sector agencies engaged in commercial activities (1) This section applies to the acts and practices of a public sector agency if— (a) the agency is prescribed by regulation; and (b) the acts and practices relate to the agency's commercial activities. (2) The Commonwealth APPs apply to the acts and practices of the public sector agency as if the agency were an organisation within the meaning of the Commonwealth Act. Exemptions from application of Part 4 Act 24 Exempt public sector agencies This Act does not apply to the following public sector agencies: (a) a board of inquiry under the Inquiries Act 1991; (b) a judicial commission under the Judicial Commissions Act 1994; (c) the judicial council established under the Judicial Commissions Act 1994, section 5A; (d) a royal commission under the Royal Commissions Act 1991; (e) Icon Water Limited, Icon Distribution Investments Limited or Icon Retail Investments Limited; (f) an agency prescribed by regulation. 25 Exempt acts or practices (1) This Act does not apply to the following acts and practices: (a) for a Minister—an act done, or a practice engaged in, by the Minister other than an act done, or a practice engaged in, by the Minister in relation to the affairs of a public sector agency administered by the Minister; (b) for an ACT court—an act done, or a practice engaged in, by the ACT court other than an act done, or a practice engaged in, by the ACT court in relation to a matter of an administrative nature; (c) for the Office of the Legislative Assembly—an act done, or a practice engaged in, by the Office in exercising a function in relation to a proceeding of the Legislative Assembly; (d) for officers of the Assembly—an act done, or a practice engaged in, by the officer of the Assembly other than an act done, or a practice engaged in, by the officer in relation to a matter of an administrative nature; (e) an act done, or a practice engaged in, by a public sector agency in relation to information that is taken to be contrary to the public interest to disclose under the FOI Act, schedule 1; (f) an act done, or a practice engaged in, by a public sector agency in relation to a record that has originated with, or has been received from, a Commonwealth enforcement or intelligence body; (g) an act done, or a practice engaged in, by a public sector agency that involves the disclosure of personal information to a Commonwealth intelligence body if the body, in connection with its functions, requests that the agency disclose the personal information and— (i) the disclosure is made to an officer or employee of the Commonwealth intelligence body authorised in writing by the head (however described) of the body to receive the disclosure; and (ii) the officer or employee certifies in writing that the disclosure is connected with the performance of the body's functions; (h) for an agency prescribed by regulation—an act done, or a practice engaged in, by the agency in relation to a matter prescribed by regulation. Note A reference to an act done, or a practice engaged in, by a public sector agency includes a reference to a person exercising a function of the agency, whether under a delegation, subdelegation or otherwise (see Legislation Act, s 184A). (2) In this section: Commonwealth enforcement or intelligence body means the following: (a) a Commonwealth intelligence body; (b) the Office of National Assessments established under the Office of National Assessments Act 1977 (Cwlth), section 4; (c) that part of the Defence Department known as the Defence Intelligence Organisation; (d) that part of the Defence Department known as the Defence Imagery and Geospatial Organisation; (e) the Integrity Commissioner appointed under the Law Enforcement Integrity Commissioner Act 2006 (Cwlth), section 175; (f) a staff member of the Australian Commission for Law Enforcement Integrity (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 (Cwlth)); (g) the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7; (h) the board of the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7B. Commonwealth intelligence body means the following: (a) the Australian Security Intelligence Organisation continued in existence under the Australian Security Intelligence Organisation Act 1979 (Cwlth), section 6; (b) the Australian Secret Intelligence Service continued in existence under the Intelligence Services Act 2001 (Cwlth), section 16; (c) the Defence Signals Directorate of the Defence Department. Effective: 01/01/18 Defence Department means the Commonwealth department that deals with defence and that is administered by the Commonwealth Minister administering the Defence Act 1903 (Cwlth). FOI Act means the Freedom of Information Act 2016. Information privacy Part 5 commissioner 26 Appointment of information privacy commissioner The Executive may appoint a person as Information Privacy Commissioner. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). 27 Term and conditions of appointment (1) The information privacy commissioner must not be appointed for longer than 7 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (2) The information privacy commissioner is appointed on the conditions agreed between the Executive and the commissioner, subject to this part and any determination under the Remuneration Tribunal Act 1995. 28 Arrangements for privacy commissioner of another jurisdiction to exercise functions If an appointment is not made under section 26, the Minister may make arrangements for the commissioner (however described) responsible for exercising functions under a Commonwealth or State law that substantially correspond to this Act to exercise 1 or more of the functions of the information privacy commissioner. Part 5 29 Information privacy commissioner's functions The information privacy commissioner's functions are to— (a) promote an understanding of the TPPs and the objects of the TPPs; and (b) provide information and educational programs to promote the protection of the privacy of individuals; and (c) help public sector agencies to comply with the TPPs and TPP codes; and (d) investigate privacy complaints made under this Act; and (e) exercise any other functions given to the commissioner under this Act or another territory law. 30 Disclosure of interests The information privacy commissioner must give written notice to the Executive of all financial and other interests that the commissioner has or acquires that conflict or could conflict with the proper exercise of the commissioner's functions. 31 Delegation of information privacy commissioner's functions The information privacy commissioner may delegate the commissioner's functions under this Act or another territory law to a person. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. 32 Ending of information privacy commissioner's appointment (1) If an appointment is made under section 26, the Executive may end the appointment— (a) if the information privacy commissioner contravenes a territory law or law of another jurisdiction; or (b) for misbehaviour; or (c) if the commissioner becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (d) if the commissioner is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period. (2) The Executive must end the information privacy commissioner's appointment— (a) for physical or mental incapacity, if the incapacity substantially affects the exercise of the commissioner's functions; or (b) if the commissioner fails to comply, without reasonable excuse, with section 30 (Disclosure of interests). Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). Part 6 Privacy complaints Division 6.1 Important concepts Part 6 Privacy complaints Division 6.1 Important concepts 33 What is a privacy complaint etc? In this Act: complainant, in relation to a privacy complaint, means the individual who made the complaint. privacy complaint means a complaint about an act or practice of a public sector agency or contracted service provider that may be an interference with an individual's privacy. respondent, in relation to a privacy complaint, means the public sector agency or contracted service provider to which the complaint relates. Division 6.2 Making privacy complaints 34 Who may make a privacy complaint? (1) An individual may make a privacy complaint to the information privacy commissioner. (2) For an act or practice of a public sector agency or contracted service provider that may be an interference with the privacy of 2 or more individuals, any 1 of those individuals may make a privacy complaint on behalf of all of the individuals. Section 35 (3) The information privacy commissioner must give help to the individual to make the privacy complaint, as the commissioner considers appropriate. Examples—help 1 advising the individual about the complaint process 2 helping the individual to put a privacy complaint in writing Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). 35 How may a privacy complaint be made? (1) A privacy complaint must— (a) be in writing; and (b) include the complainant's name, address and telephone number; and (c) identify the respondent and include details about the act or practice the subject of the complaint. Note If a form is approved under s 57 for this provision, the form must be used. (2) Despite subsection (1) (a), a privacy complaint may be made orally to the information privacy commissioner if the commissioner is reasonably satisfied that exceptional circumstances justify the commissioner dealing with the complaint without it being in writing. Example—exceptional circumstances waiting until the privacy complaint is put in writing would make dealing with the complaint impossible or impractical Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). Part 6 Division 6.2 36 Privacy complaint may be referred to commissioner (1) A privacy complaint may be referred to the information privacy commissioner by any of the following: (a) the ombudsman; (b) the human rights commission; (c) an entity having functions, under a State or Commonwealth law that corresponds to this Act, that correspond to the functions of the information privacy commissioner; (d) an entity prescribed by regulation. (2) If an entity mentioned in subsection (1) refers a privacy complaint to the information privacy commissioner, the entity must— (a) give the commissioner any information the entity has in relation to the complaint; and (b) tell the complainant about the referral. 37 Commissioner must tell respondent about complaint After receiving a privacy complaint, the information privacy commissioner must give a copy of the complaint to the respondent. Note 1 The information privacy commissioner must comply with this section as soon as possible after receiving a privacy complaint (see Legislation Act, s 151B). Note 2 If the respondent is a contracted service provider under a government contract, the information privacy commissioner must also give a copy of the privacy complaint to the public sector agency to which the contract relates (see s 48). Division 6.3 Dealing with privacy complaints 38 Commissioner may make preliminary inquiries The information privacy commissioner may make inquiries of the respondent for a privacy complaint, or any other person, for the purpose of deciding whether to deal with the complaint. 39 Commissioner may decide not to deal with privacy complaint The information privacy commissioner may decide not to deal with a privacy complaint if the commissioner is reasonably satisfied— (a) the act or practice the subject of the complaint is not an interference with an individual's privacy; or (b) the complaint was made more than 12 months after the complainant became aware of the act or practice; or (c) the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; or (d) the act or practice is the subject of an application under another territory law, or a State or Commonwealth law, and the substance of the complaint has been, or is being, dealt with adequately under that law; or (e) the complaint would be better dealt with under another territory law, or a State or Commonwealth law; or (f) dealing, or further dealing, with the act or practice is not warranted having regard to all the circumstances; or (g) the complainant has complained to the respondent about the act or practice and— (i) the respondent has dealt, or is dealing, adequately with the complaint; or Privacy complaints (ii) the respondent has not yet had an adequate opportunity to deal with the complaint. 40 Dealing with privacy complaints (1) If the information privacy commissioner decides to deal with a privacy complaint, the commissioner may make inquiries and investigations in relation to the complaint, as the commissioner thinks appropriate. (2) The information privacy commissioner may decide not to continue dealing with the privacy complaint, or part of the complaint, if— (a) the complainant does not comply with a reasonable request made by the commissioner in dealing with the complaint, or part of the complaint; or (b) the commissioner is reasonably satisfied that the complainant, without reasonable excuse, has not cooperated in the commissioner's dealing with the complaint, or part of the complaint; or (c) the commissioner has not been able to contact the complainant for a reasonable period of time using the contact details stated in the privacy complaint. 41 Commissioner must tell parties about decision to not deal with privacy complaint If the information privacy commissioner decides not to deal with a privacy complaint, or to stop dealing with a privacy complaint, the commissioner must tell the complainant and respondent about the decision, including the reasons for the decision. 42 Commissioner may refer privacy complaint to other entity (1) If the information privacy commissioner, after considering a privacy complaint, is reasonably satisfied that the complaint would be better dealt with by an investigative entity with power to investigate the complaint, the commissioner may refer the privacy complaint to the entity. (2) If the information privacy commissioner refers the privacy complaint to an investigative entity, the commissioner must— (a) give the entity any information the commissioner has in relation to the complaint; and (b) tell the complainant and respondent about the referral. (3) In this section: investigative entity means— (a) the ombudsman; or (b) the human rights commission; or (c) an entity having functions, under a State or Commonwealth law that corresponds to this Act, that correspond to the functions of the information privacy commissioner; or (d) an entity prescribed by regulation. 43 Commissioner may report serious or repeated interferences to Minister (1) If the information privacy commissioner, after dealing with a privacy complaint, is reasonably satisfied that the act or practice the subject of the complaint is a serious or repeated interference with the complainant's privacy, the commissioner may give the Minister a written report about the complaint. (2) If the commissioner gives the Minister a report mentioned in subsection (1), the Minister must present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report. 44 Commissioner may obtain information (1) The information privacy commissioner may ask anyone to give the commissioner information so that the commissioner may deal with a privacy complaint. (2) A public sector agency or public official for the agency must comply with a request made to the agency or official. (3) In this section: public official, for a public sector agency, means a person who is or has been— (a) an employee of the public sector agency; or (b) a contractor, employee of a contractor or volunteer exercising a function of the public sector agency. Division 6.4 Application to court 45 Commissioner must tell parties application may be made to court If the information privacy commissioner after dealing with a privacy complaint is reasonably satisfied that the act or practice the subject of the complaint is an interference with the complainant's privacy, the commissioner must give written notice to the complainant and the respondent for the complaint telling them— (a) that the commissioner is reasonably satisfied that the act or practice the subject of the complaint is an interference with the complainant's privacy; and (b) that the complainant may apply to a court for an order. 46 Complainant may apply for court order A complainant may, within 6 months after the day the complainant is notified under section 45, apply to a court for an order mentioned in section 47. 47 What orders may a court make? On application by a complainant in relation to a privacy complaint, the court may make 1 or more of the following orders: (a) an order that the complaint, or a part of the complaint, has been substantiated, together with, if considered appropriate, 1 or more of the following orders: (i) that an act or practice of the respondent is an interference with the privacy of the complainant and that the respondent must not repeat or continue the act or practice; (ii) that the respondent must engage in a stated reasonable act or practice to compensate for loss or damage suffered by the complainant; (iii) that the respondent must make a stated amendment of a record it holds; (iv) that the complainant is entitled to a stated amount, of not more than $100 000, to compensate the complainant for economic loss or damage suffered by the complainant because of the act or practice complained of; (b) an order that the complaint, or a part of the complaint, has been substantiated together with an order that no further action is required to be taken; (c) an order that the complaint, or a part of the complaint, has not been substantiated, together with an order that the complaint or part is dismissed; (d) an order that the complainant be reimbursed for expenses reasonably incurred in relation to making the complaint. Division 6.5 Contracted service providers 48 Private sector agency must be kept informed about privacy complaint involving contracted service provider (1) This section applies if— (a) the respondent in relation to a privacy complaint is a contracted service provider under a government contract; and (b) the information privacy commissioner is required under this part to tell, or give, something to the respondent. (2) The information privacy commissioner must also tell, or give, the thing to the public sector agency to which the government contract relates. Part 7 TPP codes 49 Meaning of TPP code (1) For this Act, a TPP code is a code of practice about information privacy. (2) A TPP code must— (a) set out how 1 or more of the TPPs are to be applied or complied with; and (b) state the public sector agencies that are bound by the code, or a way of working out which public sector agencies are bound by the code; and (c) set out when the code is in force. (3) A TPP code may do 1 or more of the following: (a) impose additional requirements to those imposed by 1 or more TPPs that are not contrary to, or inconsistent with, the TPPs; (b) deal with the internal handling of privacy complaints; (c) provide for the reporting to the information privacy commissioner about privacy complaints; (d) deal with any other relevant matters. 50 Development of TPP codes and proposed amendment of TPP codes (1) A public sector agency may develop a draft TPP code or draft amendment of a TPP code. (2) Before adopting a TPP code, the public sector agency must— (a) publish the draft TPP code or draft amendment on the agency's website or in a daily newspaper; and (b) invite the public to make submissions to the agency about the draft or amendment within a stated period of at least 28 days; and (c) consider any submissions made within the stated period. (3) A TPP code adopted by a public sector agency is a notifiable instrument. Note 1 A notifiable instrument must be notified under the Legislation Act. Note 2 See s 56 (Instruments made under this Act). 51 Public sector agencies must comply with TPP codes A public sector agency must not do an act, or engage in a practice, that breaches a TPP code notified under section 50 (3). Part 8 Miscellaneous 52 Protection of officials from liability (1) An official is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory. (3) In this section: official means— (a) the information privacy commissioner; or (b) a person authorised under this Act to do or not to do a thing. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 53 Offence—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply— (a) if the information is used or divulged— (i) under this Act or another territory law; or (ii) in relation to the exercise of a function by a person to whom this section applies under this Act or another territory law; or (iii) in a court proceeding; or (b) to the using or divulging of protected information about a person with the person's consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law in force in the ACT. (5) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish. person to whom this section applies means a person who exercises, or has exercised, a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. use, in relation to information, includes make a record of the information. 54 Report by information privacy commissioner (1) The information privacy commissioner must, for each financial year, give a report to the Minister about— (a) the total number of privacy complaints made or referred to the commissioner; and (b) the total number of privacy complaints dealt with by the commissioner; and (c) the total number of privacy complaints in relation to which the commissioner has given a notice under section 45 (Commissioner must tell parties application may be made to court); and (d) anything else prescribed by regulation. Part 8 (2) The report— (a) must identify the respondent in relation to each privacy complaint reported on under subsection (1); but (b) must not include the complainant's personal information. (3) The Minister must present the report to the Legislative Assembly within 15 sitting days after the day the report is given to the Minister. 55 Information privacy commissioner may make guidelines (1) The information privacy commissioner may make guidelines about the following: (a) to help public sector agencies bound by TPP codes to apply or comply with the codes; (b) matters the public sector agency must consider when developing a TPP code under section 50; (c) the conduct of disclosure of personal information about an individual by a public sector agency for TPP 6.3 (d). (2) A guideline is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 56 Instruments made under this Act An instrument made under this Act may apply, adopt or incorporate another instrument as in force from time to time. Note 1 The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. 57 Approved forms (1) The information privacy commissioner may approve forms for this Act. (2) If the information privacy commissioner approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 58 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. Effective: 01/01/18 Schedule 1 Territory privacy principles (see s 13) Note 1 Note 2 This schedule sets out the TPPs. - Pt 1.1 sets out principles that require public sector agencies to consider the privacy of personal information, including ensuring that public sector agencies manage personal information in an open and transparent way. - Pt 1.2 sets out principles that deal with the collection of personal information, including unsolicited personal information. - Pt 1.3 sets out principles about how public sector agencies deal with personal information. The part includes principles about the use and disclosure of personal information. - Pt 1.4 sets out principles about the integrity of personal information. The part includes principles about the quality and security of personal information. - Pt 1.5 sets out principles that deal with requests for access to, and the correction of, personal information. The TPPs are: - TPP 1—open and transparent management of personal information - TPP 2—anonymity and pseudonymity - TPP 3—collection of solicited personal information - TPP 4—dealing with unsolicited personal information - TPP 5—notification of the collection of personal information - TPP 6—use or disclosure of personal information - TPP 8—cross-border disclosure of personal information - TPP 10—quality of personal information - TPP 11—security of personal information - TPP 12—access to personal information - TPP 13—correction of personal information. Part 1.1 Note 3 The TPPs do not include provisions equivalent to the Commonwealth APPs relating to certain private sector and other entities. To maintain consistent numbering between the TPPs and the Commonwealth APPs— - if the Commonwealth APPs contain a provision that is not included in this Act—the relevant TPP in this schedule is numbered to maintain consistency in numbering between provisions common to both Acts; and - a note appears under the relevant TPP in this schedule describing the omitted provision of the Commonwealth APPs. The TPPs also contain minor textual and formatting differences to the Commonwealth APPs. Part 1.1 Consideration of personal information privacy 1 TPP 1—open and transparent management of personal information 1.1 The object of this TPP is to ensure that public sector agencies manage personal information in an open and transparent way. Compliance with the TPPs etc 1.2 A public sector agency must take reasonable steps to implement practices, procedures and systems relating to the agency's functions or activities that— (a) will ensure that the agency complies with the TPPs and any TPP code that binds the agency; and (b) will enable the agency to deal with inquiries or complaints from individuals about the agency's compliance with the TPPs or a code. TPP privacy policy 1.3 A public sector agency must have a clearly expressed and up-to-date policy (the TPP privacy policy) about the management of personal information by the agency. 1.4 Without limiting TPP 1.3, the TPP privacy policy of the public sector agency must contain the following information: (a) the kinds of personal information that the agency collects and holds; (b) how the agency collects and holds personal information; (c) the purposes for which the agency collects, holds, uses and discloses personal information; (d) how an individual may access personal information about the individual that is held by the agency and seek the correction of the information; (e) how an individual may complain about a breach of the TPPs, or any TPP code that binds the agency, and how the agency will deal with the complaint; (f) whether the agency is likely to disclose personal information to overseas recipients; (g) if the agency is likely to disclose personal information to overseas recipients—the countries in which the recipients are likely to be located if it is practicable to state those countries in the policy. Availability of TPP privacy policy etc 1.5 A public sector agency must take reasonable steps to make its TPP privacy policy available— (a) free of charge; and (b) in an appropriate form. Example on the agency's website Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). 1.6 If a person requests a copy of the TPP privacy policy of a public sector agency in a particular form, the agency must take reasonable steps to give the person a copy in that form. Note Person includes a reference to a corporation as well as an individual (see Legislation Act, s 160). 2 TPP 2—anonymity and pseudonymity 2.1 Individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with a public sector agency in relation to a particular matter. 2.2 TPP 2.1 does not apply if, in relation to the matter— (a) the public sector agency is required or authorised by or under an Australian law, or a court or tribunal order, to deal with individuals who have identified themselves; or (b) it is impracticable for the public sector agency to deal with individuals who have not identified themselves or who have used a pseudonym. Schedule 1 Territory privacy principles Part 1.2 Collection of personal information Collection of personal Part 1.2 information 3 TPP 3—collection of solicited personal information Personal information other than sensitive information 3.1 A public sector agency must not collect personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, 1 or more of the agency's functions or activities. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 3, s 3.2). Sensitive information 3.3 A public sector agency must not collect sensitive information about an individual unless— (a) the individual consents to the collection of the information and the information is reasonably necessary for, or directly related to, 1 or more of the agency's functions or activities; or (b) TPP 3.4 applies in relation to the information. Note The equivalent provision in the Commonwealth APPs also applies to certain private sector entities (see Commonwealth APP 3, s 3.3 (a) (ii)). Schedule 1 3.4 This subsection applies in relation to sensitive information about an individual if— (a) the collection of the information is required or authorised by or under an Australian law or a court or tribunal order; or (b) a permitted general situation exists in relation to the collection of the information by the public sector agency; or Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 3, s 3.4 (c)). (d) the public sector agency is an enforcement body and the agency reasonably believes that the collection of the information is reasonably necessary for, or directly related to, 1 or more of the agency's functions or activities. Note The equivalent provision in the Commonwealth APPs includes a provision applying to— - the Commonwealth Immigration Department (see Commonwealth APP 3, s 3.4 (d) (i)); and - non-profit organisations (see Commonwealth APP 3, s 3.4 (e)). Means of collection 3.5 A public sector agency must collect personal information only by lawful and fair means. 3.6 A public sector agency must collect personal information about an individual only from the individual unless— (a) either— (i) the individual consents to the collection of the information from someone other than the individual; or (ii) the agency is required or authorised by or under an Australian law, or a court or tribunal order, to collect the information from someone other than the individual; or Territory privacy principles Collection of personal information (b) it is unreasonable or impracticable to do so. Note The equivalent provision in the Commonwealth APPs applies, in part, to certain private sector entities. Solicited personal information 3.7 TPP 3 applies to the collection of personal information that is solicited by a public sector agency. 4 TPP 4—dealing with unsolicited personal information 4.1 If— (a) a public sector agency receives personal information; and (b) the agency did not solicit the information; the agency must, within a reasonable period after receiving the information, decide whether or not the agency could have collected the information under TPP 3 if the agency had solicited the information. 4.2 The public sector agency may use or disclose the personal information for the purposes of making the decision under TPP 4.1. 4.3 If— (a) the public sector agency decides that the agency could not have collected the personal information; and (b) the information is not contained in a territory record; the agency must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified. 4.4 If TPP 4.3 does not apply in relation to the personal information, TPPs 5 to 13 apply in relation to the information as if the agency had collected the information under TPP 3. Part 1.2 5 TPP 5—notification of the collection of personal information 5.1 At or before the time or, if that is not practicable, as soon as practicable after, a public sector agency collects personal information about an individual, the agency must take reasonable steps— (a) to notify the individual of the matters mentioned in TPP 5.2 that are reasonable in the circumstances; or (b) to otherwise ensure that the individual is aware of those matters. 5.2 The matters for TPP 5.1 are as follows: (a) the identity and contact details of the public sector agency; (b) if— (i) the public sector agency collects the personal information from someone other than the individual; or (ii) the individual may not be aware that the public sector agency has collected the personal information; the fact that the agency collects, or has collected, the information and the circumstances of that collection; (c) if the collection of the personal information is required or authorised by or under an Australian law, or a court or tribunal order—the fact that the collection is required or authorised (including the name of the Australian law, or details of the court or tribunal order, that requires or authorises the collection); (d) the purposes for which the public sector agency collects the personal information; (e) the main consequences (if any) for the individual if all or some of the personal information is not collected by the public sector agency; (f) any other public sector agency or entity, or the kinds of any other public sector agencies or entities, to which the public sector agency usually discloses personal information of the kind collected by the agency; (g) that the TPP privacy policy of the public sector agency contains information about how the individual may access the personal information about the individual that is held by the agency and seek the correction of the information; (h) that the TPP privacy policy of the public sector agency contains information about how the individual may complain about a breach of the TPPs, or any TPP code that binds the agency, and how the agency will deal with the complaint; (i) whether the public sector agency is likely to disclose the personal information to overseas recipients; (j) if the public sector agency is likely to disclose the personal information to overseas recipients—the countries in which the recipients are likely to be located if it is practicable to state those countries in the notification or to otherwise make the individual aware of them. Part 1.3 Dealing with personal information 6 TPP 6—use or disclosure of personal information Use or disclosure 6.1 If a public sector agency holds personal information about an individual that was collected for a particular purpose (the primary purpose), the agency must not use or disclose the information for another purpose (the secondary purpose) unless— (a) the individual has consented to the use or disclosure of the information; or (b) TPP 6.2 or TPP 6.3 applies in relation to the use or disclosure of the information. Note TPP 8 sets out requirements for the disclosure of personal information to a person who is not in Australia or an external territory. 6.2 This subsection applies in relation to the use or disclosure of personal information about an individual if— (a) the individual would reasonably expect the public sector agency to use or disclose the information for the secondary purpose and the secondary purpose is— (i) if the information is sensitive information—directly related to the primary purpose; or (ii) if the information is not sensitive information—related to the primary purpose; or (b) the use or disclosure of the information is required or authorised by or under an Australian law or a court or tribunal order; or Schedule 1 Part 1.3 Territory privacy principles (c) a permitted general situation exists in relation to the use or disclosure of the information by the public sector agency; or Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 6, s 6.2 (d)). (e) the public sector agency reasonably believes that the use or disclosure of the information is reasonably necessary for 1 or more enforcement-related activities conducted by, or on behalf of, an enforcement body. 6.3 This subsection applies in relation to the disclosure of personal information about an individual by a public sector agency if— (a) the agency is not an enforcement body; and (b) the information is biometric information or biometric templates; and (c) the recipient of the information is an enforcement body; and (d) the disclosure is conducted in accordance with the guidelines made by the information privacy commissioner for this subsection. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 6, s 6.4). Written note of use or disclosure 6.5 If a public sector agency uses or discloses personal information in accordance with TPP 6.2 (e), the agency must make a written note of the use or disclosure. Related bodies corporate 6.6 If— (a) a public sector agency is a corporation; and 7 8 Part 1.3 (b) the agency collects personal information from a related body corporate; this TPP applies as if the agency's primary purpose for the collection of the information were the primary purpose for which the related body corporate collected the information. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 6, s 6.7). Direct marketing Note 1 The Commonwealth Act includes a privacy principle prohibiting direct marketing by certain private sector entities (see Commonwealth APP 7). Note 2 However, Commonwealth APP 7 applies to an act or practice of a public sector agency if the agency engages in commercial activities (see s 23). TPP 8—cross-border disclosure of personal information 8.1 Before a public sector agency discloses personal information about an individual to a person (an overseas recipient)— (a) who is not in Australia or an external territory; and (b) who is not the agency or the individual; the agency must take reasonable steps to ensure that the overseas recipient does not breach the TPPs (other than TPP 1) in relation to the information. Note In certain circumstances, an act done, or a practice engaged in, by an overseas recipient is taken, under s 22, to have been done, or engaged in, by the public sector agency and to be a breach of the TPPs. 8.2 TPP 8.1 does not apply to the disclosure of personal information about an individual by a public sector agency to the overseas recipient if— (a) the agency reasonably believes that— (i) the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the TPPs protect the information; and (ii) there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or (b) both of the following apply: (i) the agency expressly informs the individual that if the individual consents to the disclosure of the information, TPP 8.1 will not apply to the disclosure; (ii) after being informed, the individual consents to the disclosure; or (c) the disclosure of the information is required or authorised by or under an Australian law, or a court or tribunal order; or (d) a permitted general situation (other than the situation mentioned in section 19 (1) (d) or (e)) exists in relation to the disclosure of the information by the agency; or (e) the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia or the Territory is a party; or (f) both of the following apply: (i) the agency reasonably believes that the disclosure of the information is reasonably necessary for 1 or more enforcement-related activities conducted by, or on behalf of, an enforcement body; (ii) the recipient is a body that exercises functions that are similar to those exercised by an enforcement body. 9 Adoption, use or disclosure of government-related identifiers Note 1 The Commonwealth Act includes a privacy principle regulating the adoption, use or disclosure of government-related identifiers by certain private sector entities (see Commonwealth APP 9). Note 2 However, Commonwealth APP 9 applies to an act or practice of a public sector agency if the agency engages in commercial activities (see s 23). Part 1.4 Integrity of personal information 10 TPP 10—quality of personal information 10.1 A public sector agency must take reasonable steps to ensure that the personal information that the agency collects is accurate, up-to-date and complete. 10.2 A public sector agency must take reasonable steps to ensure that the personal information that the agency uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant. 11 TPP 11—security of personal information 11.1 If a public sector agency holds personal information, the agency must take reasonable steps to protect the information— (a) from misuse, interference or loss; and (b) from unauthorised access, modification or disclosure. 11.2 If— (a) a public sector agency holds personal information about an individual; and (b) the agency no longer needs the information for a purpose for which the information may be used or disclosed by the agency under the TPPs; and (c) the information is not contained in a territory record; and (d) the agency is not required by or under an Australian law, or a court or tribunal order, to retain the information; the agency must take reasonable steps to destroy the information or to ensure that the information is de-identified. Part 1.5 Access to, and correction of, personal information 12 TPP 12—access to personal information Access 12.1 If a public sector agency holds personal information about an individual, the agency must, on request by the individual, give the individual access to the information. Exception to access—agency 12.2 If the public sector agency is required or authorised to refuse to give the individual access to the personal information by or under— (a) the Freedom of Information Act 2016; or (b) another law in force in the ACT that provides for access by people to documents; then, despite TPP 12.1, the agency is not required to give access to the extent that the agency is required or authorised to refuse to give access. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.3). Dealing with requests for access 12.4 The public sector agency must— (a) respond to the request for access to the personal information within 30 days after the day the request is made; and (b) give access to the information in the way requested by the individual, if it is reasonable and practicable to do so. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.4 (a) (ii)). Other means of access 12.5 If the public sector agency refuses— (a) to give access to the personal information because of TPP 12.2; or (b) to give access in the way requested by the individual; the agency must take reasonable steps to give access in a way that meets the needs of the agency and the individual. 12.6 Without limiting TPP 12.5, access may be given through the use of a mutually agreed intermediary. Access charges 12.7 The public sector agency must not charge the individual for the making of the request or for giving access to the personal information. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.8). Refusal to give access 12.9 If the public sector agency refuses to give access to the personal information because of TPP 12.2, or to give access in the way requested by the individual, the agency must give the individual a written notice that sets out— (a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and (b) the mechanisms available to complain about the refusal; and (c) any other matter prescribed by regulation. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 12, s 12.10). 13 TPP 13—correction of personal information Correction 13.1 If— (a) a public sector agency holds personal information about an individual; and (b) either— (i) the agency is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; or (ii) the individual requests the agency to correct the information; the agency must take reasonable steps to correct the information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. Notification of correction to third parties 13.2 If— (a) the public sector agency corrects personal information about an individual that the agency previously disclosed to another public sector agency; and (b) the individual requests the agency to notify the other public sector agency of the correction; the agency must take reasonable steps to give the notification unless it is impracticable or unlawful to do so. Refusal to correct information 13.3 If the public sector agency refuses to correct the personal information as requested by the individual, the agency must give the individual a written notice that sets out— (a) the reasons for the refusal except to the extent that it would be unreasonable to do so; and (b) the mechanisms available to complain about the refusal; and (c) any other matter prescribed by regulation. Request to associate a statement 13.4 If— (a) the public sector agency refuses to correct the personal information as requested by the individual; and (b) the individual requests the agency to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; the agency must take reasonable steps to associate the statement in a way that will make the statement apparent to users of the information. Dealing with requests 13.5 If a request is made under TPP 13.1 or TPP 13.4, the public sector agency— (a) must respond to the request within 30 days after the day the request is made; and Schedule 1 Part 1.5 (b) must not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information. Note The equivalent provision in the Commonwealth APPs includes a provision applying to certain private sector entities (see Commonwealth APP 13, s 13.5 (a) (ii)). Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: - ACT - administrative unit - Coroner's Court - corporation - Corporations Act - document - DPP - exercise (a function) - external territory - function - human rights commission - individual - judge - magistrate - Magistrates Court - Minister (see s 162) - Office of the Legislative Assembly - officer of the Assembly - State - statutory office-holder - Supreme Court - territory authority - territory instrumentality - tribunal - working day. act—see section 10. ACT court— (a) means the Supreme Court, Magistrates Court, Coroner's Court or a tribunal; and (b) includes a judge, magistrate, tribunal member and any other person exercising a function of the court or tribunal in relation to the hearing or determination of a matter before it. Australian law, for schedule 1 (Territory privacy principles)—see section 14. breach, a TPP—see section 12. collects, personal information, for schedule 1 (Territory privacy principles)—see section 15. Commonwealth Act means the Privacy Act 1988 (Cwlth). Commonwealth APPs means the Australian privacy principles set out in the Commonwealth Act, schedule 1. complainant, in relation to a privacy complaint—see section 33. consent means express or implied consent. contracted service provider— (a) means a person engaged under a government contract to provide services to the Territory or a public sector agency; and (b) includes a subcontractor in relation to the contract. court or tribunal order, for schedule 1 (Territory privacy principles)—see section 14. de-identified, personal information, for schedule 1 (Territory privacy principles)—see section 18. doing, an act—see section 10 (2). enforcement body, for schedule 1 (Territory privacy principles)— see section 14. enforcement-related activity, for schedule 1 (Territory privacy principles)—see section 14. generally available publication means a magazine, book, article, newspaper or other publication that is, or will be, generally available to members of the public— (a) whether or not it is published in print, electronically or in any other form; and (b) whether or not it is available on the payment of a fee. government contract means a contract, to which the Territory or a public sector agency is a party, under which services are to be provided to— (a) the Territory or agency; or (b) another entity in relation to the exercise of the agency's functions. holds, personal information, for schedule 1 (Territory privacy principles)—see section 16. information privacy commissioner means— (a) the Information Privacy Commissioner appointed under section 26; or (b) if an appointment is not made under section 26, the person exercising 1 or more functions under an arrangement mentioned in section 28. interference, with an individual's privacy—see section 11. misconduct, of a person includes fraud, negligence, default, breach of trust, breach of duty, breach of discipline by or any other misconduct of the person in the exercise of the person's functions as a public official. overseas recipient, in relation to personal information—see TPP 8.1. permitted general situation, in relation to the collection, use or disclosure of personal information, for schedule 1 (Territory privacy principles)—see section 19. personal information—see section 8. practice—see section 10. privacy complaint—see section 33. public sector agency—see section 9. record— (a) includes— (i) a document; or (ii) an electronic or other device; and (b) does not include— (i) a generally available publication; or (ii) anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or (iii) a record open to public access under the Territory Records Act 2002, part 3; or (iv) a letter or other item in the course of being sent by post. Note Document—see the Legislation Act, dictionary, pt 1. related body corporate, for schedule 1 (Territory privacy principles)—see the Corporations Act, section 9. respondent, in relation to a privacy complaint—see section 33. sensitive information, for schedule 1 (Territory privacy principles)—see section 14. solicits, personal information, for schedule 1 (Territory privacy principles)—see section 17. subcontractor, in relation to a government contract—see section 21 (4) (Privacy protection requirements for government contracts). territory record, for schedule 1 (Territory privacy principles)—see the Territory Records Act 2002, section 9 (3). TPP code—see section 49. TPP privacy policy, for schedule 1 (Territory privacy principles)— see TPP 1.3. TPPs—see section 13 (Territory privacy principles). Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act AF = Approved form am = amended amdt = amendment AR = Assembly resolution ch = chapter CN = Commencement notice def = definition DI = Disallowable instrument dict = dictionary disallowed = disallowed by the Legislative Assembly div = division exp = expires/expired Gaz = gazette hdg = heading IA = Interpretation Act 1967 ins = inserted/added LA = Legislation Act 2001 LR = legislation register LRA = Legislation (Republication) Act 1996 mod = modified/modification NI = Notifiable instrument o = order om = omitted/repealed ord = ordinance orig = original par = paragraph/subparagraph pres = present prev = previous (prev...) = previously pt = part r = rule/subrule reloc = relocated renum = renumbered R[X] = Republication No RI = reissue s = section/subsection sch = schedule sdiv = subdivision SL = Subordinate law sub = substituted underlining = whole or part not commenced or to be expired 3 Legislation history ``` Information Privacy Act 2014 A2014-24 notified LR 11 June 2014 s 1, s 2 commenced 11 June 2014 (LA s 75 (1)) remainder commenced 1 September 2014 (s 2 and CN2014-10) as amended by Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.10 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.10 commenced 17 November 2014 (s 2) Judicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.4 (as am by A2015-52 s 28) notified LR 25 February 2015 s 1, s 2 commenced 25 February 2015 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28)) Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.8 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 3 pt 3.8 commenced 10 June 2015 (s 2) Courts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10 notified LR 26 November 2015 s 1, s 2 commenced 26 November 2015 (LA s 75 (1)) pt 10 (s 28) commenced 10 December 2015 (s 2 (2)) Note Pt 10 (s 28) only amends the Judicial Commissions Amendment Act 2015 A2015-1 Freedom of Information Act 2016 A2016-55 sch 4 pt 4.18 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.18 commenced 1 January 2018 (s 2 as am by A2017-14 s 19) ``` Justice and Community Safety Legislation Amendment Act 2017 ``` A2017-5 sch 1 pt 1.6 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 1 pt 1.6 commenced 2 March 2017 (s 2 (3)) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) Note This Act only amends the Freedom of Information Act 2016 A2016-55. ``` 4 Amendment history 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. 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TABLE OF CONTENTS. PAGE LIST OF PLATES IK VOLUME XVI. XXVI. Henry Clifton Sorby 247 LIV. Map of Neighbourhood of Seamer, near Stokesley LV. LVI. LVII. LVTII. Effects of the Storm on Burnsall Fell... New Channel on Burnsall Fell and LoburnGill,Embs Fell Millholme Mill and Spindle Mill on Embsay Beck Weir in Moor Beck...	<urn:uuid:c27389da-c8ec-428d-bbab-be8d7c105e2c>	CC-MAIN-2019-09	http://pygs.lyellcollection.org/content/pygs/16/2.toc.pdf	2019-02-19T15:28:18Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-09/segments/1550247490225.49/warc/CC-MAIN-20190219142524-20190219164524-00543.warc.gz	221,171,333	102	eng_Latn	eng_Latn	0.855923	eng_Latn	0.769027	[ "unknown", "unknown", "eng_Latn" ]	false	rolmOCR	[ 24, 87, 334 ]
Water Bodies and DFG Stocking Water Bodies and DFG Stocking Table J‐1 lists California water bodies that were scheduled to be stocked in 2009 and how the Interim Order applied. Those waters stocked met the criteria in the order to be stocked, and those that did not meet the criteria were not stocked. The information is arranged by county and region. Table J‐1. Water Bodies Stocked vs. Not Stocked by California Department of Fish and Game County Water Bodies Stocked by DFG Water Bodies Not Stocked by DFG County Water Bodies Stocked by DFG Water Bodies Not Stocked by DFG Northern Central Region Impact Report/Environmental Impact Statement County Water Bodies Stocked by DFG Water Bodies Not Stocked by DFG County Water Bodies Stocked by DFG Water Bodies Not Stocked by DFG County Water Bodies Stocked by DFG Water Bodies Not Stocked by DFG Source: Starr pers. comm. References Cited Personal Communications Starr, James. Senior Environmental Scientist. Fisheries Branch, California Department of Fish and Game. August 24, 2009—Email containing tables of stocked and non‐stocked water bodies in California.	<urn:uuid:e86d3668-41dd-4283-97e2-bc94d918e35d>	CC-MAIN-2016-50	https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=15318	2016-12-08T14:18:26Z	s3://commoncrawl/crawl-data/CC-MAIN-2016-50/segments/1480698541529.0/warc/CC-MAIN-20161202170901-00281-ip-10-31-129-80.ec2.internal.warc.gz	865,835,307	381	eng_Latn	eng_Latn	0.861997	eng_Latn	0.976566	[ "unknown", "eng_Latn", "eng_Latn", "eng_Latn", "pol_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "unknown", "eng_Latn" ]	false	rolmOCR	[ 29, 444, 521, 598, 672, 749, 826, 899, 926, 1169 ]
Research Article Drug resistance of cancer cells is crucially affected by expression levels of ABC-transporters Petr Mlejnek , Petr Dolezel , Eliska Ruzickova ‡ ‡ ‡ ‡ Palacky University Olomouc, Olomouc, Czech Republic Corresponding author: Petr Mlejnek ([email protected]) Academic editor: Nikolai Zhelev Received: 15 Nov 2016 \| Accepted: 24 Jan 2017 \| Published: 08 Feb 2017 Citation: Mlejnek P, Dolezel P, Ruzickova E (2017) Drug resistance of cancer cells is crucially aﬀected by expression levels of ABC-transporters. BioDiscovery 20: e11211. https://doi.org/10.3897/biodiscovery.20.e11211 Abstract Dasatinib (DAS), a second generation of tyrosine kinase inhibitor (TKI), represents excellent choice for the treatment of chronic myeloid leukemia resistant to imatinib. Unfortunately, recent laboratory studies suggested that antiproliferative eﬀect of DAS might be signiﬁcantly reduced due to the overexpression of the ATP-binding cassette (ABC) transporters, ABCB1 and ABCG2. However, whether these drug transporters might compromise therapeutic eﬀect of DAS in clinic is unclear. We believe that the drug transporter expression level is a crucial factor that aﬀects the results and its consideration may help to explain the existing controversy. In addition, clinically relevant concentrations of drug must be used. In our study, human leukemia K562 cells with high and low expression levels of ABCB1 or ABCG2 were used. DAS was applied at nanomolar concentrations. We observed that K562 cells expressing high levels of ABCB1 and ABCG2 contained signiﬁcantly reduced intracellular levels of DAS and these cells exhibited signiﬁcantly increased resistance to this drug. Importantly, cells with the low expression of ABCB1 or ABCG2 eﬄuxed DAS less eﬃciently, however, still signiﬁcantly. Accordingly, the observed resistance was lower but signiﬁcant. Conclusions: The antiproliferative eﬀects of DAS might be reduced by ABCB1 or ABCG2. However, the actual eﬀect of these ABC transporters on DAS eﬃciency depends on their expression levels. The lower expression levels of ABC transporters mediate lower resistance. Considering the fact that expression levels of ABCB1 and ABCG2 transporters are usually low in clinical samples, their contribution to the overall resistance to DAS is probably low but signiﬁcant. Keywords Dasatinib, ABCB1, ABCG2, transporter expression level, drug resistance Introduction A detailed understanding of the molecular cause of cancer enabled "targeted" treatment: an eﬀective treatment with a minimal damage for healthy cells. Targeted therapy utilises rationally designed drugs that interfere with speciﬁc molecules (molecular targets) essential for proliferation and survival of malignant cells. Targeted therapy brought about a revolution in cancer treatment in the last decades (Dy and Adjei 2008). Tyrosine kinases are especially important target because they play a crucial role in the modulation of number speciﬁc signal transduction pathways including cell proliferation and diﬀerentiation and therefore if mutated they have the potential to induce oncogenic transformation. Tyrosine kinase inhibitors (TKIs), low molecular weight inhibitors that compete with the ATP binding site of the catalytic domain of oncogenic tyrosine kinases, exhibit eﬀective antitumor activity both in vitro and in vivo. They represent an example of successful targeted therapy (Dy and Adjei 2008, Kantarjian et al. 2007). Despite the promising results of TKIs in clinical trials and clinical practise, recent in vitro studies suggested that their eﬃciency might be compromised due to the overexpression of the ATP-binding cassette (ABC) transporters, namely ABCB1 (P-glycoprotein, MDR1) and ABCG2 (breast cancer resistance protein, BCRP). However, the possible involvement of ABC transporters in clinical multidrug resistance is diﬃcult to establish. Indeed, the data obtained from in vitro experiments convincingly suggest that particular members of ABC transporter family can mediate multidrug resistance (MDR) in cancer cells. Based on the laboratory ﬁndings it was suggested that inhibition of the ABC drug transporter could sensitize drug-resistant tumours. Although this hypothesis is rational, the clinical trials evaluating this strategy mostly have failed to reach a positive endpoint (Tamaki et al. 2011, Amiri-Kordestani et al. 2012). Explanation of the existing controversy between laboratory and clinical results is diﬃcult as many factors may have an impact on the results. We believe that the drug transporter expression level is a crucial but often overlooked factor that aﬀects the results and thus may help to explain existing controversy. Here, we addressed the question how expression levels of ABCB1 and/or ABCG2 aﬀect the cell resistance to DAS. We observed that the expression level of the studied ABCtransporter is an important factor that aﬀects the cell resistance. While cells expressing high levels of drug transporters, which are often used in laboratory experiments, exhibit a high degree of resistance to DAS, cells with low expression levels of drug transporters, which can occur in clinical samples, exhibit much lower but signiﬁcant degree of resistance to DAS. Results Isolation and characterization of cells expressing ABCB1 and ABCG2 In our study, human leukemia cells with high and low expression levels of ABCB1 or ABCG2 were used. Expression levels of the ABCB1 transporter in K562/Dox and K562/ DoxDR1 cells are given in Fig. 1a, b. Cells overexpressing ABCG2, K562/ABCGCL10 and K562/ABCGCL1, are characterized in Fig. 1c, d. Parental K562 cells, which do not express either of the transporters, were used as a control. Analysis of ABCB1 and ABCG2 function was done using the calcein accumulation assay (Holló et al. 1994) and pheophorbide A accumulation assay, respectively (data not shown; Robey et al. 2004). Detailed characterization of these cells is given elsewhere (Kosztyu et al. 2014). The effect of ABCB1 and ABCG2 expression on intracellular levels of dasatinib The reduction of intracellular drug concentrations which prevents accessibility of drugs to their sites of action is a generally accepted mechanism of resistance mediated by ABC transporters (Gottesman 1993, Ambudkar et al. 2003). Therefore, we measured the eﬀect of ABCB1 and ABCG2 expression on DAS intracellular levels. Experiments were conducted for 300nM DAS, a concentration which is relevant to that used in clinics (Eadie et al. 2014). We observed that K562/Dox and K562/ABCGCL10 cells with high expression of ABCB1 and ABCG2, respectively, contained signiﬁcantly reduced intracellular levels of DAS (Fig. 2). Importantly, K562/DoxDR1 and K562/ABCGCL1 cells with the low expression of ABCB1 and ABCG2, respectively, eﬄuxed DAS with lower eﬃciency than cells with high transporter expression levels (Fig. 2). However, even cells with the low expression of ABCB1 or ABCG2 reduced intracellular level of DAS signiﬁcantly (Fig. 2). The effect of dasatinib on cell viability and apoptosis induction in cells expressing ABCB1 or ABCG2 Owing to the fact that DAS inhibits cell proliferation and induces apoptosis (Nam et al. 2007), cell sensitivity to this drug was measured using the standard MTT assay and by analysis of morphological and biochemical apoptotic hallmarks. In agreement with the previous results, K562/Dox and K562/ABCGCL10 cells with high expression of ABCB1 and ABCG2, respectively, exhibited an increased resistance to DAS (Fig. 3a, b and Table 1). Accordingly, K562/DoxDR1 and K562/ABCGCL1 cells with the low expression of ABCB1 and ABCG2, respectively, exhibited decreased but signiﬁcant resistance to DAS (Fig. 3c and Table 1). The observed resistance was counteracted by ZSQ, a speciﬁc inhibitor of ABCB1, and by Ko143, a speciﬁc inhibitor of ABCG2 (Fig. 3, Table 1). Exactly the same cell sensitivity pattern in cells expressing high and low levels of ABCB1 or ABCG2 was obtained using ﬂow cytometric analysis of hypodiploid (apoptotic) cells (not shown). a: Flow cytometric analysis of ABCB1 expression. Isotype control (grey histogram); K562 parental cell line (solid line); K562/Dox cells (dash-dot line); K562/DoxDR1 cells (dot line). c: Flow cytometric analysis of ABCG2 expression. Isotype control (grey histogram); K562 parental cell line (solid line); K562/ABCG2CL10 cells (dash-dot line); K562/ABCGCL1 cells (dot line). b: Quantitative analysis of ABCB1 expression. ABCB1 expression was quantiﬁed as the mean ﬂuorescence intensity (MFI) shift (ratio of MFI of UIC2-PE antibody and isotype control). The experimental points represent mean values from three replicate experiments, with standard deviations. * denotes signiﬁcant change in ABCB1 expression (P<0.05) between K562 cells and cells expressing various levels of ABCB1 (K562/Dox, K562/DoxDR1). d: Quantitative analysis of ABCG2 expression. ABCG2 expression was quantiﬁed as the mean ﬂuorescence intensity (MFI) shift (ratio of MFI of CD338-PE antibody and isotype control). The experimental points represent mean values from three replicate experiments, with standard deviations. * denotes signiﬁcant change in ABCG2 expression (P<0.05) between K562 cells and cells expressing various levels of ABCG2 (K562/ABCGCL10, K562/ABCGCL1). Intracellular levels of DAS in cells expressing ABCB1 or ABCG2. Parental cell line K562, which does not express any of transporter was used as a control. Cells were incubated with 300nM DAS or with 300nM DAS + appropriate inhibitor (100nM ZSQ or 300nM Ko143), as indicated. Intracellular level of DAS was determined after 3h incubation at 37°C. The experimental points represent mean values from three replicate experiments, with standard deviations. a: A relative intracellular levels of DAS in cells overexpressing ABCB1 transporter. * denotes signiﬁcant change in intracellular level of DAS (P<0.05) between K562 cells and cells expressing various levels of ABCB1, K562/Dox and K562/DoxDR1. b: A relative intracellular levels of DAS in cells overexpressing ABCG2 transporter. * denotes signiﬁcant change in intracellular level of DAS (P<0.05) between K562 cells and cells expressing various levels of ABCG2, K562/ABCG2CL10 and K562/ABCG2CL1. Table 1. Eﬀect of DAS on cell survival and viability in cells with high and low expression levels of ABCB1 and ABCG2. Cells were treated with DAS for 48h prior to MTT assay. Figure 3. \| Cell line \| IC50 for DAS \| IC50 for DAS+Inhibitor \| \|---\|---\|---\| \| K562 \| 0,38±0,13 (nM) \| 0,43±0,15 (nM) \| \| K562/Dox \| 7,66±0,84 (nM) \| 0,41±0,21 (nM) \| \| K562/DoxDR1 \| 0,82±0,17 (nM) \| 0,45±0,14 (nM) \| \| K562/ABCG2CL10 \| 5,34±0,71 (nM) \| 0,54±0,23 (nM) \| \| K562/ABCG2CL1 \| 0,89±0,18 (nM) \| 0,52±0,14 (nM) \| Pro-apoptotic eﬀects of DAS in cells expressing ABCB1 or ABCG2. Cells were treated with DAS or with DAS + appropriate inhibitor, as indicated. After 48h the number of apoptotic cells was determined using ﬂuorescence microscopy. The experimental points represent mean values from three replicate experiments, with standard deviations. a: Induction of apoptosis by DAS treatment in parental cell line K562, which does not express any of transporters. c: Induction of apoptosis by DAS treatment in cells overexpressing ABCG2 transporter. * denotes signiﬁcant change in the number of apoptotic cells (P<0.05) between resistant ABCG2CL10 and ABCG2CL1 cells treated with DAS and DAS+Ko143. b: Induction of apoptosis by DAS treatment in cells overexpressing ABCB1 transporter. * denotes signiﬁcant change in the number of apoptotic cells (P<0.05) between resistant K562/ Dox and K562/DoxDR1 cells treated with DAS and DAS+ZSQ. Discussion MDR to chemotherapy is a serious obstacle in the treatment of cancer patients. Cancer MDR is deﬁned as the cross-resistance or insensitivity of cancer cells to the cytostatic or cytotoxic actions of various anticancer drugs which are structurally or functionally unrelated and have diﬀerent molecular targets (Gottesman 1993). Numerous mechanisms have been suggested to mediate MDR in cancer cells. In the last decades, a considerable attention has been paid to the role of ABC transporters, and in particular to ABCB1, ABCC1, and ABCG2. In vitro studies on cultures of cancer cells usually consistently show a clear association between ABCB1, ABCC1, or ABCG2 expression and resistance to chemotherapy. However, the correlation between the above mentioned ABC transporters and clinical drug resistance is diﬃcult to establish (Tamaki et al. 2011, Amiri-Kordestani et al. 2012). Controversy in results is a common feature of studies evaluating the expression and prognostic role of these proteins and is mostly attributed to methodical factors, largely caused by an insuﬃcient reliability and accuracy of methods used for the assessment of the ABC transporters expression and function (Beck et al. 1996, Chevillard et al. 1997). Indeed, there is no doubt that assay methods for evaluation of ABC transporters expression and function are important and may fundamentally aﬀect the results. In addition, not always the assessment of ABCB1 expression can predict its function even in well-deﬁned in vitro experiments (Kosztyu et al. 2015). We believe that contradictory results might be due to oversimpliﬁcation of evaluation of the MDR phenotype in cancer cells. The approach to this issue must be more complex. Therefore, if we want to evaluate a contribution of a particular ABC transporter to the drug resistance, a clear quantitative relationship among intracellular drug level, particular ABC transporter expression level, and cell sensitivity to this drug must be established. Importantly, the transporter expression level must be relevant to that found in clinical samples (Ambudkar et al. 2003). The later requirement is crucial as the transporter expression level signiﬁcantly aﬀects the results. The higher transporter expression level eﬄuxes drugs with increased eﬃciency and thus mediates higher resistance. While some drugs are eﬄuxed eﬀectively even in cells with low transporter expression levels, others are eﬄuxed only poorly or their transport is below detection limits (Kosztyu et al. 2013, Kosztyu et al. 2014). Similarly here, observed resistance to DAS depends on ABCB1 and ABCG2 expression levels (Figs 1, 2, 3, Table 1). Not surprisingly, K562/Dox and K562/ABCGCL10 cells expressing high levels of drug transporters, which are often used in laboratory experiments, exhibit a high degree of resistance to DAS (Figs 1, 2, 3, Table 1). However, K562/DoxDR1 and K562/ABCGCL1 cells with low expression levels of drug transporters, which likely can occur in clinical samples, exhibited much lower but signiﬁcant degree of resistance to DAS (Figs 1, 2, 3, Table 1). In the context of our results, DAS appears to belong to the drugs which are eﬄuxed eﬀectively even in cells with low expression levels of ABCB1 and ABCG2. On the other hand, there may exist even lower expression levels of these drug transporters which will mediate lower degree of resistance to DAS. Alternatively, resistance may decrease below detection limits or may be lost. Our results correspond to the ﬁnding of other authors who demonstrated that DAS is a substrate of both eﬄux proteins, ABCB1 and ABCG2 and that these transporters could mediate resistance to this drug (Hegedűs et al. 2009, Hiwase et al. 2008, Dohse et al. 2010). However, these authors used cell lines with high expression levels of ABCB1 or ABCG2. These authors did not consider transporter expression level as important factor aﬀecting results (Hegedűs et al. 2009, Hiwase et al. 2008, Dohse et al. 2010). There is one report by Hiwase and co-workers who demonstrated that neither ABCB1 nor ABCG2 aﬀected intracellular levels of DAS in chronic myeloid leukemia-CD34+ (CML-CD34+) progenitors (Hiwase et al. 2013). Importantly, expression levels of drug transporters in CML-CD34+ was very low (Hiwase et al. 2013). These results indicate crucial importance of drug transporter expression levels for results interpretation. We think that contradictory results that exist between in vitro experiments and clinics are mostly due to the diﬀerent expression levels of drug transporters. Indeed, laboratory experiments usually relay on drug selected cell lines or transfected cells with enhanced expression of a studied transporter. Such cells always exhibit huge expression levels of the drug transporter which hardy occur in clinical samples. Data mined from The Cancer Genome Atlas (TCGA) indicates much higher expression levels of ABCB1 and ABCG2 in the normal tissue than in cancer counterpart pairs (Reinhold et al. 2015). We believe that our approach has a high potential to estimate real contribution of a particular ABC transporter to the clinical drug resistance. In this work we also address another important issue, namely the concentration of the studied drug in the experimental system used. Recent reports suggested that the interaction between TKIs and ABC transporters is more complex. Indeed, some TKIs, including DAS, may serve as substrates of ABCB1 or ABCG2 at low concentrations, and as their inhibitors at high concentrations (Dohse et al. 2010, Eadie et al. 2014). For clinically relevant results it is necessary to use clinically relevant concentrations of TKIs. Concentrations of DAS in plasma were reported to be around 200nM (Eadie et al. 2014). Therefore, we used submicromolar concentrations of DAS in our study, 300nM DAS at the most (Figs 2, 3 and Table 1). In conclusion, the antiproliferative and pro-apoptotic eﬀects of DAS might be reduced by ABCB1 or ABCG2 overexpression at clinically relevant concentration. However, the actual eﬀect of the studied ABC transporters on DAS eﬃciency depends on their expression levels. The lower expression levels of ABC transporters mediate lower resistance. Considering the fact that expression levels of ABCB1 and ABCG2 transporters are hardly high in clinical samples, their contribution to the overall resistance to DAS is probably low but signiﬁcant. Materials and methods Chemicals Dasatinib monohydrate (DAS, Spyracel, BMS-354825), IUPAC name N-(2-chloro-6methylphenyl)-2-(6-(4-(2-hydroxyethyl)piperazin-1-yl)-2-methylpyrimidin-4ylamino)thiazole-5-carboxamide, was obtained from Selleckchem (Munich, Germany). Zosuquidar trihydrochloride (ZSQ; LY335979), IUPAC name (αR)-4-[(1aα,6α,10bα)-1,1diﬂuoro-1,1a,6,10b-tetrahydrodibenzo[a,e]cyclopropa[c]cyclohepten-6-yl]-α-[(5quinolinyloxy)methyl]-1-piperazineethanol trihydrochloride, was purchased from Selleckchem (Huston, TX, USA). Ko143 (3S,6S,12aS)-1,2,3,4,6,7,12,12a-Octahydro-9methoxy-6-(2-methylpropyl)-1,4-dioxopyrazino-[1',2':1,6] pyrido [3,4-b]indole-3-propanoic acid 1,1-dimethylethyl ester were obtained from Enzo Life Sciences AG (Lausen, Switzerland). Cell Culture Human chronic myelogenous leukemia K562 cells, obtained from ECACC, were cultured in the RPMI-1640 medium supplemented with a 10% calf foetal serum and antibiotics in 5% CO atmosphere at 37°C. K562/Dox cells, which overexpress P-gp (ABCB1, MDR1), were kindly provided by Prof J.P. Marie (University of Paris 6, France). K562/Dox cells were cultured under the same conditions. More detailed characterisation of K562/Dox cell line is given elsewhere (Tang et al. 2008). 2 K562/DoxDR1 cells with down-regulated expression of P-gp were established by stable transfection of K562/Dox cells with a plasmid vector expressing shRNA targeting the ABCB1 gene (Mlejnek et al. 2012, Kosztyu et al. 2013). K562/ABCG2 cells, which overexpress wild type ABCG2 (BCRP1), were kindly provided by Prof B. Sarkadi (National Blood Center and Semmelweis University, Budapest, Hungary). K562/ABCG2 cells were cultured under the same conditions. Detailed characterisation of K562/ABCG2 cell line is given elsewhere (Elkind 2005, Hegedűs et al. 2009). Cells expressing diﬀerent levels of ABCG2 were established by a single cell cloning by limiting dilution of K562/ABCG2 cells (Kosztyu et al. 2014). In this study we used two subclones, K562/ABCG2CL10 and K562/ABCG2CL1, with high and low expression level of ABCG2, respectively. The detailed characteristics of the obtained subclones are given elsewhere (Kosztyu et al. 2014). ABCB1 and ABCG2 expression analysis using flow cytometry ABCB1 expression was studied by using UIC2 (Beckman Coulter, USA) monoclonal antibody conjugated with phycoerythrin (UIC2-PE) according to the manufacturer's instruction. Phycoerythrin conjugated isotype IgG2a was used as a control. ABCG2 expression was studied by using mouse anti-human CD 338 (BD Biosciences, USA) monoclonal antibody conjugated with phycoerythrin (CD338-PE) according to the manufacturer's instruction. Phycoerythrin conjugated isotype IgG2b was used as a control. The ﬂuorescence of the cells was analysed by ﬂow cytometry (Cytomics FC500, Beckman Coulter, USA). ABCB1 expression was determined by the ratio of the mean ﬂuorescence intensity (MFI) shift of UIC2-PE antibody to isotype control (UIC2-PE/IgG2a-PE). Similarly, ABCG2 expression was determined by the ratio of the MFI shift of CD338-PE antibody to isotype control (CD338- PE/IgG2b-PE). For each sample 10 000 events were collected. All the experiments were performed in triplicate. Determination of cell survival and proliferation The MTT assay was used for estimation of cell viability and growth as originally described by Mosmann (Mosmann 1983). Brieﬂy, cells were seeded at concentration 7-8x10 cells/ml and treated with DAS (or with DAS in combination with appropriate inhibitor) for 48h under standard conditions at 37°C. Untreated cells were used as control. Afterwards 0.5mg/ml of MTT (ﬁnal concentration) was added and incubation proceeded for 1h at 37°C. Cell pellets were extracted by isopropanol acidiﬁed with 0.01MHCl. Absorbance was read at 570nm in extracts clariﬁed by centrifugation. The amount of formazane produced is proportional to the number of live and metabolically active cells. 4 Morphological analysis of apoptosis Cells were ﬁxed and stained with Hoechst 33342 (Fluka), as described previously (Mlejnek and Kuglik 2000 ). Nuclear morphology was examined by using an Olympus BX60 (Olympus, Hamburg, Germany) ﬂuorescence microscope. Preparation of cell extracts The method is based on an optimised extraction of cells with formic acid after their separation from the growth medium by centrifugation through a layer of silicone oil (Mlejnek et al. 2011) with a slight modiﬁcation. Brieﬂy, cells at the density of 5x10 /ml were incubated in the growth medium with 0,3 µM DAS for 3h in 5% CO atmosphere at 37°C. The cells were then centrifuged through silicone oil and cell pellets were extracted using ice cold 1% (w/v) formic acid + 50% (v/v) methanol in water. Cell extracts were clariﬁed by centrifugation (40 000 g x 10min at 4°C), diluted with extraction solution and analysed by liquid chromatography coupled with a low-energy collision tandem mass spectrometer (LC/ MS/MS). 5 2 Assay for determination of intracellular DAS levels The HPLC system consisted of UltiMate 3000 RS pump, degasser, autosampler and column compartment (Dionex, Germering, Germany). Separations were performed at ambient temperature on a Polaris C18-A 150 x 2.0mm (i.d.), 5µm particle size column (Varian Inc., Lake Forest, CA, USA) connected with a guard C18 4.0 x 2.0mm (i.d.) precolumn (Phenomenex, Torrance, CA, USA). Solvents used for separation were A (95% methanol in 0.25% FA, v/v) and B (0.5% FA, v/v). The ﬂow rate was 250 μl/min with linear gradient elution from 0 to 3 min (60 to 95% of solvent A), from 3 to 4 min (95% of solvent A), from 4 to 5 min (95 to 60% of solvent A) and from 5 to 8 min (60% of solvent A). Sample injection volume was set at 10 µl. The eﬄuent was introduced into the API 3200 triple quadrupole mass spectrometer (MDS SCIEX, Ontario, Canada) and electrospray ionization in positive ion mode was used for detection. The mass spectrometer was operated in the multiple-reaction monitoring (MRM) mode. DAS was monitored by MRM transition 488 > 401 (dwell-time = 150 miliseconds). Ion spray probe parameters were set to the following values: needle voltage 5500 V, temperature 400ºC, curtain gas (nitrogen) 1.38bar, nebulizer gas (zero air quality) 3.45 bar, turbo V-gas (zero air quality) 3.45 bar. The nitrogen pressure in the second quadrupole was measured at 4.0 x10 bar. The declustering potential, the collision energy and the entrance potential were set at 61 V, 33 V and 7.5 V, respectively. The instrument was operated in unit resolution. Data were collected and processed using Analyst® software (version 1.5.1). -8 Statistical analysis Data are reported as the mean ± S.D. Statistical signiﬁcance of diﬀerences was determined by Student's t-test. Only the P values less than 0.05 were considered signiﬁcant. Acknowledgements This work was supported by grant No: IGA_LF_2016_035 (Internal grant of Palacky University). Conflicts of interest Authors declare that they are not in any conﬂict of interest. References * Ambudkar SV, Kimchi-Sarfaty C, Sauna ZE, Gottesman MM (2003) P-glycoprotein: from genomics to mechanism. 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Staff Code of Conduct This policy applies to all staff in school, including EYFS. It covers safeguarding standards as well as professional behaviour guidelines. 1 OVERVIEW The Proprietors are required to set out a Code of Conduct for all school employees. By creating this policy, we aim to ensure our school is an environment where everyone is safe, happy and treated with respect. Many of the principles in this code of conduct are based on the Teachers' Standards 2012, and, in particular, Part 2 of the Teachers' Standards – Personal and Professional Conduct. School staff have an influential position in the school, and must act as role models for pupils by consistently demonstrating high standards of behaviour. We expect that all teachers will act in accordance with the personal and professional behaviours set out in the Teachers' Standards. We expect all support staff, proprietors and volunteers to also act with personal and professional integrity, respecting the safety and wellbeing of others. Failure to follow the code of conduct may result in disciplinary action being taken, as set out in our staff disciplinary procedures. Employees must not put themselves in a position where duty to the school and private interests conflict and they must not make use of their employment to further private interests. Please note that this code of conduct is not exhaustive. If situations arise that are not covered by this code, staff will use their professional judgement and act in the best interests of the school and its pupils. This Code exists alongside mandatory school policies – Child Protection and Safeguarding; Physical Restraint; Children Missing in Education; E-Safety; Behaviour and Discipline; Anti- Bullying Policies; Complaints and Whistle Blowing. These policies and the Staff Handbook of Gidea Park Prep operate together with this Code of Conduct – all must be adhered to. Legislation and guidance We are required to set out a staff code of conduct under regulation 7 of The School Staffing (England) Regulations October 2018. In line with the statutory safeguarding guidance 'Keeping Children Safe in Education' (Sep 2023), we should have a staff code of conduct, which should cover acceptable use of technologies, staff/pupil relationships and communications, including the use of social media. This policy should be read in conjunction with the following and related policies and procedures: * Child Protection and Safeguarding Policy; * Acceptable Use Policy * Equal Opportunities Policy; * E-Safety Policy; * Behaviour and Discipline Policy; * Health and Safety Policy; * Whistleblowing Policy. * Staff disciplinary procedures, which will be used if staff breach this code of conduct. It also sets out examples of what we will deem as misconduct and gross misconduct * Staff grievance procedures * Staff Handbook Staff should ensure that they have read and are familiar with these policies and procedures. Staff are also required to read and understand Part One of the Department for Education's statutory guidance on safeguarding children and safer recruitment in education, Keeping Children Safe in Education. All senior members of Staff and those Staff working directly with children will also be required to read Annex A of Keeping Children Safe in Education in addition to Part One. 1. GENERAL PRINCIPLES All members of staff at Gidea Park Prep are expected to carry out duties in accordance with the School's policies and procedures. School staff are role models, and are in a unique position of influence. They must therefore adhere to behaviour which sets a good example to all the children in the school and ensures that neither pupils nor staff are placed at risk of harm or of allegations of harm. As a member of a school community, each employee has an individual responsibility to maintain their reputation and the reputation of the school, whether inside or outside of working hours. Staff are expected to uphold the following principles: - Selflessness: - decisions must be taken in terms of the values and mission of the school and not in order to gain financial or other material benefits; - Integrity: - staff must not place themselves in a situation where their position is compromised; - Objectivity: - all decisions must be made on merit alone; - Accountability: - staff must accept accountability for decisions and actions; - Openness: - staff should be as open as possible about all decisions and actions; - Honesty: - staff should declare any private interests relating to duties and take lawful steps to resolve any conflicts to ensure that public interest is protected; - Leadership: - staff must support and promote these principles by example; - Conduct: - staff must avoid bringing the school into disrepute (e.g. by the use of social networks or the internet); - Respect: - all staff must treat others with respect. This code of Conduct applies to: * All staff who are employed by the school, including the Head. This Code of Conduct does not apply to: * Peripatetic staff who are self-employed; * School catering staff employed by an external contractor; * Employees of external contractors and providers of services (e.g. contract cleaners). (Such staff are covered by the relevant Code of Conduct of their employing body but whilst in school would be expected to meet our standards). 2. SETTING EXPECTATIONS Application and Intent Staff will be expected to act in accordance with the Code. The Code has been designed so that they are not left in any doubt as to what is acceptable or unacceptable behaviour. - The Code of Conduct places rules and regulations on certain activities, and any breach of these prohibitions may lead to disciplinary action. - This Code helps all staff to understand what behaviour is and is not acceptable. Setting an Example - All staff who work in a school set examples of behaviour and conduct which can be copied by the children. Staff must therefore avoid using inappropriate or offensive language at all times; - All staff must, therefore, demonstrate high standards of conduct in order to encourage the pupils to do the same; - All staff must also avoid putting themselves at risk of allegations of abusive or unprofessional conduct (e.g. ensuring that doors are open when teaching on a one-to-one basis). 3 3. SAFEGUARDING STANDARDS a. Safeguarding pupils Staff have a duty to safeguard children and to report any concerns they have. This includes: * Physical abuse * Sexual abuse * Emotional abuse * Neglect Staff will familiarise themselves with our Safeguarding Policy and procedures and the Prevent initiative, and ensure they are aware of the processes to follow if they have concerns about a child. Our safeguarding policy and procedures are available from the school office. New staff will be given copies during their induction. - The duty of safeguarding pupils/students includes the duty to report concerns about a pupil/student to the school's Designated Safeguarding Lead for Child Protection; - Staff should be aware that the school's DSL is Callum Douglas, and the Deputies are Lucy King and Theo Ward. Gabby Hadji is the DSL for EYFS; - Staff are provided with personal copies of the school's Safeguarding Policy and Whistle-blowing procedures, and staff must be familiar with these documents; - Staff must not demean or undermine pupils, their parents or carers, or colleagues; - Staff must take reasonable care of pupils under their supervision with the aim of ensuring their safety and welfare; - Staff must abide by all safeguarding policies including: * Physical Restraint * e-Safety * Anti-bullying * Children Missing in Education b. Physical contact with pupils There are occasions when it is entirely appropriate and proper for staff to have physical contact with pupils, but it is crucial that they only do so in ways appropriate to their professional role. Staff should, therefore, use their professional judgement at all times. Staff should not have unnecessary physical contact with pupils and should be alert to the fact that minor forms of friendly physical contact can be misconstrued by pupils or onlookers. Where exercises or procedures need to be demonstrated, extreme caution should be used if the demonstration involves contact with pupils and, wherever possible, contact should be avoided. It is acknowledged that some staff, for example, those who teach PE and games, or who offer music tuition will, on occasions, have to initiate physical contact with pupils in order to support a pupil so they can perform a task safely, to demonstrate the use of a particular piece of equipment/instrument or assist them with an exercise. This should be done with the pupil's agreement. Contact under these circumstances should be for the minimum time necessary to complete the activity and take place in an open environment. Staff should remain sensitive to any discomfort expressed verbally or non-verbally by the child. A member of staff can never take the place of a parent in providing physical comfort and should be cautious of any demonstration of affection 4 Physical contact should never be secretive, or of the gratification of the adult, or represent a misuse of authority. If a member of staff believes that an action could be misinterpreted, the incident and circumstances should be recorded as soon as possible, the DSL informed and, if appropriate, a copy placed on the pupil's file. Transporting pupils: It is inadvisable for a member of staff to give a lift in a car to a pupil alone. Wherever transport in private vehicles is necessary, staff must ensure there is at least one adult additional to the driver acting as an escort. If there are exceptional circumstances that make unaccompanied transportation of pupils unavoidable, the journey should be made known to a senior member of staff. c. Physical Restraint Any physical restraint is only permissible when a child is in imminent danger of inflicting an injury on himself/herself or on another, and then only as a last resort when all efforts to diffuse the situation have failed. Another member of staff should, if possible, be present to act as a witness. All incidents of the use of physical restraint should be recorded in writing and reported immediately to the DSL/Head who will decide what to do next. Where this relates to EYFS pupils, parents will be informed of any physical restraint used on their child the same day or as soon as reasonably practicable. d. Communication with parents Form teachers are expected to be the first point of contact between parents and the School, although enquiries will also come through the School Office. Staff can contact parents by telephone, email or letter. Staff should not contact pupils, parents or conduct any school business using personal email addresses. Where a member of Staff receives an email from a parent, a reply should normally be made within one working day. If a full reply cannot be made within that time, the member of Staff should send a brief acknowledgment e-mail and let the parent know when a fuller reply can be expected. Staff sending emails to parents/carers are advised to send a copy (cc or bcc) to the Head Staff must inform the Head or a Deputy Head if they receive an offensive email. e. Communication with pupils It is essential for Staff to understand the need for professional boundaries and clear guidance regarding acceptable use of mobiles/the internet in the context of communicating with pupils. Staff must avoid compromising situations which could be misinterpreted or could lead to possible allegations. Staff should not give their personal mobile phone numbers or email addresses to pupils, nor should they communicate with them by text message or personal email. If they need to speak to a pupil by telephone, they should use one of the school's telephones and email using the school system. Please see the e-Safety Policy and the Staff Handbook for staff's obligations in relation to electronic communications with pupils. Staff will undertake regular training on the internet and safety online. f. Contact with pupils out of school Staff should not: * arrange meetings with pupils off the School premises without the prior approval of the Head; * arrange private tuition of any of the School's pupils in school or outside of school whether in termtime or outside of term-time without the prior written approval of the Head; and * give pupils their home address or any of their personal contact details. g. Communication and social media Staff should be aware that it is not appropriate to use social media to communicate with pupils. School staff's social media profiles should not be available to pupils. If they have a personal profile on social media sites, they should not use their full name, as pupils may be able to find them. Staff should consider using a first and middle name instead, and set public profiles to private. Staff should not attempt to contact pupils or their parents via social media, or any other means outside school, in order to develop any sort of relationship. They will not make any efforts to find pupils' or parents' social media profiles. Staff will ensure that they do not post any images online that identify children who are pupils at the school without their consent. Staff should be aware of the school's e-Safety and Acceptable policies. h. Photographs of Pupils (including mobile phones and cameras) Photographs will only be taken of children with their parents' permission (provided in writing via the school's acceptance paperwork). Photographs will only be taken by a designated staff member/s on school equipment. Where photographs are taken by staff to give evidence of children's progress, photos can only be taken on school devices. Staff are not permitted to take images of children on their personal phones unless in exceptional circumstances and with the agreement of the Head. Pictures must then be downloaded onto school computers, where they will be monitored. Photos cannot be used or passed on outside the school. Staff may not use their own mobile phones to take photographs within our EYFS setting. i. Confidentiality (Raising Concerns) Staff members should never give absolute guarantees of confidentiality to pupils or adults wishing to tell them about something serious. They should guarantee only that they will pass on information to the minimum number of people who must be told in order to ensure that the proper action is taken to sort out the problem and that they will not tell anyone who does not have a clear need to know. They will also take whatever steps they can to protect the informing pupil or adult from any retaliation or unnecessary stress that might be feared after a disclosure has been made. However, confidentiality should be respected on all appropriate issues; no children or parents should be the subject of idle conversation between colleagues. j. Action if a pupil is missing N.B Please refer also to the School's missing child policy and procedures when a child is not collected on time. During the working day: * first check with the pupil's friends * check with front office who will check the signing out/in book and if necessary inform the senior member of staff on duty who will then follow up this information. A record is kept by the school of any instances in which a pupil is missing from school without satisfactory permission and documentation, including the action taken and the pupil's explanation. k. Bullying Bullying, harassment and victimisation and discrimination will not be tolerated. We treat all our pupils, staff, and their parents fairly and with consideration and we expect them to reciprocate towards each other, the staff and the school. Any kind of bullying including cyber bullying is unacceptable and the school keeps a record of any incidents. Please see our school policy on anti-bullying for further details. l. Whistleblowing The School wishes to foster a culture of openness and safety and the school's Whistleblowing Procedure reflects this. Should any member of staff have any concerns about the behaviour of another member of staff towards a pupil, he or she should report it at once to the Head (or to the Owners where the concern relates to the Head). Any concern that falls under the definition of Whistleblowing according to the School's policy will be thoroughly investigated under the school's whistle-blowing procedures. Such reporting will be without prejudice to the member of staff's position in the school. Where there are allegations of criminal activity, the LADO will always be informed, and advice taken, before the school undertakes any investigation of its own. Wherever possible, and subject to the rights of the pupil, the member of staff will be informed of the outcome of the investigation. No one who reports a genuine concern in good faith needs to fear retribution. Under the Public Interest Disclosure Act 1998 the member of staff may be entitled to raise a concern directly with an external body where the circumstances justify it. 4. PROFESSIONAL STANDARDS a. Attendance The contract of employment contains the main terms and conditions of employment with the school. It is expected that staff are available for work during these hours and take an unpaid lunch break. Staff must record their attendance in accordance with their workplace time recording system. Should a staff member need to be absent or expect to be late for any reason, he/she should ask the Head in advance. If this is not possible, he/she is asked to contact the Head at the earliest opportunity. b. Fitness for work We accept that alcohol is legally and freely available. Staff must: - Ensure that the use of alcohol, or the evidence of alcohol consumption, out of work does not adversely affect their work performance, the health, safety or welfare of themselves or others and does not damage the school's image and reputation; - The Head or a Senior Leader will consider the options available for managing employees in the above situation and refer to alcohol guidance; - Not consume or be under the influence of alcohol, use illicit drugs or other illegal substances while at work; - If taking medication, staff must seek the advice of their doctor to ensure that such medication will not impede their ability to do their job (e.g. duty of care to children); - Inform the Head of any situations where a risk to themselves or others may arise because of this. c. Smoking The School is a non-smoking organisation. Staff are not permitted to smoke in any of the School buildings, or any other building or grounds owned or occupied by the School at any time. They should not smoke within sight of the building or in view of parents or pupils. Smoking whilst on the School's premises may be subject to disciplinary action. d. Dress Code There is a general expectation that dress will be appropriate to the nature of the duties and responsibilities of the job. The School values and welcomes the ethnic diversity of its workforce and therefore dress codes will take account of ethnic and religious dress requirements with sensitivity ensuring that employees are free to observe them. Where there is a clear business case or a health and safety reason then the School may introduce appropriate dress codes to suit the services provided and expectation of the School. e. Security Employees issued with identity badges should wear them at all times. This is particularly important if they visit families in their homes or are in public such as on school trips. Should the Head decide that it is not practical to wear identity badges at any time then staff should have them available for inspection at all times. Staff must not remove any school documents from the site nor take any photographs without due permission. Where staff access the school intranet whilst outside school, this must be done in compliance with the school E-Safety and mobile policies. Any such access must occur in a secure and private environment to protect the confidentiality and security of the information being accessed. (Refer to e-Safety Policy). The school reserves the right to search the outer clothing, bags, lockers and vehicles etc. of staff members whilst on site. The staff member may have a colleague in attendance on such (rare) occasions. f. Following Instructions Staff are expected to follow all reasonable and lawful instructions by a person with the authority to issue such instructions unless: - There is a danger to a person's health and safety; - A conflict of interest may exist; - It does not comply with School policy and practice. The Head and Senior Leadership Team must be able to justify their instructions and decisions in line with their delegations, authority, and School policy and procedures, and be open and respond promptly to constructive questions. g. Acceptable use of technology Staff will follow guidance laid out in the School's Acceptable Use Policy Staff will not use technology in school to view material that is illegal, inappropriate or likely to be deemed offensive. This includes, but is not limited to, sending obscene emails, gambling and viewing pornography or other inappropriate content. Staff will not use school equipment for personal use during school hours or in front of pupils. The school has the right to monitor emails and internet use on the school IT system. Internet Users must not display, access, use, extract, store, distribute, print, reveal or otherwise process any kind of image, document or other material which is sexually explicit or offensive in any other way, on any school system. This activity would be a violation of the school's policies, particularly those relating to conduct and discrimination. Security settings should be maintained at the highest level in order to prevent members of the public seeing any personal information. Staff must not post any comments, photographs, images or conversations on social networking websites which may bring them or the school into disrepute. Staff should also follow the school policy on the use of social networking websites. h. The use of mobile phones Staff will not use personal mobile phones for personal use during any teaching time, or in front of pupils at any time. The code of conduct for mobile phones is designed to ensure that all staff: - have a clear understanding of what constitutes misuse; - know how to minimise risk; - avoid putting themselves into compromising situations which could be misinterpreted and lead to possible allegations; - understand the need for professional boundaries and clear guidance regarding acceptable use; - are responsible for self-moderation of their own behaviours. - are aware of the importance of reporting concerns promptly. The School operates an 'agreement of trust' regarding the carrying and use of mobile phones within the school. Personal Mobiles - Employees are not permitted to make/receive calls/texts/emails during work time where children are present. - Staff should ensure that mobiles are silent and out of sight at all times whilst in classrooms with children. - Staff are not permitted to use recording equipment on their mobile phones. (Please read photographic images of children policy.) - Staff should not give their personal mobile phone numbers or email addresses to pupils, nor 10 should they communicate with them by text message or personal email. If they need to speak to a pupil by telephone, they should use one of the school's telephones and email using the school system. i. Conduct outside work Staff must not engage in conduct outside work which could seriously damage the reputation and standing of the school, the employee's own reputation or the reputation of other members of the school community. In particular: - Criminal offences which involve violence or possession or use of illegal drugs or sexual misconduct are likely to be regarded as unacceptable; - Staff must exercise caution when using information technology and be aware of the risks to themselves and others; - Staff may undertake work outside school, either paid or voluntary, provided that it does not conflict with the interests of the school nor be to a level which may contravene the working time regulations or affect an individual's work performance. Staff should write to the Head outlining proposed work activity and get the Head's agreement. - Staff must not engage in inappropriate use of social network sites which may bring themselves, the school, school community or employer into disrepute. Staff should not accept friend requests from pupils, carers or parents. j. General Confidentiality Staff will likely, in the course of duties, obtain information which is confidential. They must not: - Pass on any information received or obtained through their employment to anyone who is not entitled to have that information; - Discuss any sensitive information (such as about fees owing) about pupils or parents with anyone who is not entitled to access that information; - Share information that is confidential, such as pupil information; personnel data or salary details with anyone who is not entitled to access that information - Use information for personal advantage. Staff must: -Work within the requirements of Data Protection Act 1998 (and enactment of 2018) and the Freedom of Information Act 2000; -Observe the school's procedures for the release of personal information held about other employees or members of the public; -Not misuse their position by seeking information which they do not need to know to carry out duties. Examples of abuse of confidence would include: - Ill-considered gossip whether with colleagues or outsiders which may be misconstrued and re-quoted; - Exploitation of confidential information for personal gain; - Premature and/or unauthorised disclosure to other parties of policy proposals, with the object of 11 generating adverse publicity e.g. to the press, interest groups. k) Personal Interest Staff must not in their official capacity: - Allow personal interests to conflict with the school's requirements; - Use their position improperly to confer an advantage or disadvantage on any person; - Disclose information given in confidence, or information acquired which is of a confidential nature, without the consent of a person authorised to give it. Staff must: - Not prevent another person from gaining access to information to which that person is entitled by law; - Ensure that relationships with Pupils, Parents, Proprietors, Staff and any other people with whom they may come into contact with in the course of duties are professional at all times. l) Honesty and Integrity: Gifts and Hospitality The School seeks to maintain the highest standards of conduct and probity in its business. This includes the handling and claiming of money, the use of school property and its facilities. The acceptance of gifts and/or hospitality by staff must be treated with extreme caution. No offer of a gift or inducement, whether made at specific occasions (e.g. at Christmas) or casually, should be accepted when the gift is made by, or indirectly by, a person, firm or organisation which seeks to influence or do business of any kind with the school. The receipt of minor 'one-off' tokens from children, parents or trade 'giveaways' (e.g. diaries, calendars, etc.), which are customarily distributed at Christmas and, occasionally, at other times, are acceptable. If in any doubt, staff should seek guidance from the Head before accepting any gifts or hospitality offered. Employees should also refrain from making any gifts to external organisations or to the employees of organisations which provide (or potentially provide) services to the school. m) Sponsorship Where the School sponsors an event or service staff, or any partner, spouse or relative must not benefit from the sponsorship. Staff must seek guidance from the Head if they are involved with any event or service that the school proposes to sponsor. n) Dealing with the School's Money Staff must: - Ensure that school funds are used in a responsible and lawful manner; - Strive to ensure value for money to the School and to avoid legal challenge to the School; - Ensure compliance with the School's financial guidelines. o) Criminal Charges and Convictions In accordance with the Independent School Standards Regulations, the school requires all applicants to disclose criminal convictions, whether committed in the UK or elsewhere. 12 Staff must: - Notify the school in writing if charged with any criminal offence or if convicted of any criminal offence; this includes cautions; - If charged with an offence, advise the Head immediately after they are charged (i.e. the next working day). It should be noted that the term 'conviction' includes a finding of guilt, regardless of whether or not a conviction is recorded. Failure to notify the School in either case will constitute grounds for disciplinary action. p) Other Employment In some instances, the contract of employment may: - Prevent staff from undertaking other employment without the written permission of the Head/Proprietors. This will be stated within individual contracts; - It is important that staff ensure that any additional employment does not conflict with the interests of the school or affect ability and credibility to do his/her job; - Where staff have more than one job, both the school and the other employer(s) are responsible for ensuring that the 48-hour week is complied with. Staff should therefore ensure that they inform the Head about any work undertaken for other employer(s). (Staff may opt to work more than 48 hours per week and should they wish to do so, they will need to complete the form 'Working Time Regulations Opt Out Agreement' under Supporting Documents and submit it to the Head); - Staff must ensure that school time and equipment are not utilised in connection with any other employment; - If in doubt, the best thing to do is to discuss the circumstances with the Head. q) Intellectual Property and Copyrights All intellectual property rights, (that is copyright, design rights and the right to patent inventions) relating to anything created or invented in the course of duties belongs automatically to the school. Unless otherwise agreed, staff cannot exploit the rights to any such thing without written permission from the Proprietors. r) Equipment and Materials Staff must: - Not use the equipment and premises of the school or of other places where they work during their contract of employment for unauthorised purposes; - Only make personal telephone calls and emails when necessary and within reason; - Only use the internet for personal use in their own time; - Follow the Acceptable Use policy. s) Political Restrictions and Neutrality There are a number of posts which are politically restricted. These fall into two broad categories: - Specified posts - Sensitive posts If staff are in a politically restricted post, then this will be indicated in the contract of employment and they are restricted in certain political activities. 13 Political Neutrality The school will not concern itself with the political beliefs of individuals; however, staff must not allow their own political beliefs to interfere with the work at the School. Staff may not display party political posters, including election material, in any place of work. t) Pupil/Staff development Staff must comply with school policies and procedures which support the well-being and development of children at the School; Staff must co-operate and collaborate with colleagues and with external agencies where necessary to support the development of pupils; Staff must follow reasonable instructions which support the development of pupils. u) Publications and Dealing with the Press Staff must not: - Publish any material which comments on the activities, policies etc. of the school without the consent of the Head; - Make comments to the press or media unless specifically authorised to do so; - Where requests for comments are received they should be passed on to the Head; - Where staff wish to publish an article unconnected with the school then the article must not link them to the School. 5. OTHER IMPORTANT POLICIES a) Equal Opportunities We are committed to the promotion and implementation of equal opportunities both internally and externally. The school aims to ensure that everyone who comes into contact with it is treated equally and not in any way disadvantaged by factors which could prevent the implementation of fair policies and operations. The School will recognise the differences which exist and will seek to understand the needs of people within the groups which are afforded protection or assistance through this policy. The School expects all its employees to uphold its Equal Opportunity in Employment Policy and to accept the duty not to discriminate, either in employment practices or in the provision of facilities and services by reference to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. b) Discrimination, Harassment, and Victimisation Staff must treat all other employees, pupils, parents, and people with whom they come into contact with courtesy and respect, and must not make any remarks or gestures relating to the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation which may cause offence. Any complaint of discrimination, harassment, or victimisation or complaints made on the grounds of any of 14 the protected characteristics listed above, will be taken seriously and will be the subject of a thorough investigation. c) Safer Recruitment If staff are involved in making appointments, they must: - Ensure such appointments are made on the basis of the candidate's ability to do the job; - Ensure that personal preferences should not influence judgements made; - Declare their interest if they are related to an applicant or have a close personal relationship outside work with him/her. - At least one member of the interviewing panel will be trained in safer recruitment procedures and best practice. d) Health and Safety Staff have a duty to take reasonable care of themselves and to co-operate with management under the Health and Safety at Work Act 1974. These responsibilities are identified in the School's Health and Safety policy. Staff are required to act at all times in accordance with this policy and generally to act in such a way to ensure their own safety and that of others. Fire and evacuation procedures must be adhered to at all times and Staff are required to familiarise themselves with the procedures and their responsibilities set out in the Health and Safety Policy. Any action which potentially puts at risk the health and/or safety of themselves or others will be viewed seriously and may result in disciplinary action being taken. e) Disciplinary Rules The School has a disciplinary procedure which deals with instances of alleged misconduct, either ordinary or gross. It is anticipated that the vast majority of breaches will be of a minor nature and that they can be resolved without recourse to a formal procedure. Some breaches will be more serious or there may be circumstances where there is repetition of a minor breach. In such circumstances the matter will be formally investigated and progressed under the formal procedure. The School also has a separate capability procedure which provides a framework for managers and staff to cope with any issues of poor performance. The underlying intention of the Procedure is to give the employees who are falling below the established acceptable standards the opportunity to improve. f) Concerns or Complaints The School aims to create an atmosphere in which a diverse range of people can work together openly in the spirit of mutual respect and trust towards a common purpose. Nevertheless, we recognise that it is possible for misunderstandings and disagreements to arise or for mistakes to occur. Staff Complaints Complaints should be dealt with immediately and openly and Staff should try to resolve issues informally in the first instance. If this approach is impractical or unsuccessful, Staff may wish to raise their concerns 15 more formally in accordance with the School's Grievance Procedure or Whistleblowing Procedure, depending upon the nature of the concern. Parental Complaints Staff must ensure that parental complaints are dealt with in accordance with the School's Complaints Policy. LEGAL FRAMEWORK 1) Contract of Employment The contract of employment is an agreement between the School and staff which sets out employment rights, responsibilities and duties and this includes the Code of Conduct. 2) Commentary on the Regulatory Requirements September 2020 www.isi.net 3) Keeping Children Safe in Education September 2022 4) 'Working Together to Safeguard Children', 2023 5) Teachers Standards 2012 6) School staffing regulations 2018 7) Health and Safety at Work Act 1974 8) Data Protection Act 1998 and enactment 2018 9) Freedom of Information Act 2000 10) 'The Early Years Foundation Stage' 2024 11) Bribery Act 2010 12) Working Time Directive All staff need to recognise that failure to meet these standards of behaviour and conduct may result in disciplinary action, including dismissal.	<urn:uuid:f53d9380-ec06-4162-9b17-6466e0377b64>	CC-MAIN-2024-30	https://gideaparkprep.co.uk/images/site/uploads/general/staffPhotos/Code-of-Conduct-March-24.pdf	2024-07-16T13:09:20+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2024-30/subset=warc/part-00069-65338ae2-db7f-48fa-a620-71777c40d854.c000.gz.parquet	244,708,657	7,256	eng_Latn	eng_Latn	0.994732	eng_Latn	0.998344	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 165, 3339, 6343, 9145, 12495, 15393, 18596, 21007, 23509, 26081, 28691, 31324, 33939, 36674, 37763 ]
MEMORANDUM TO: Ann A. Straut-Esden, CT-DEEP FROM: Paul A. Dombrowski, PE BCCEE, David R. Prickett, PE DATE: August 31, 2012 RE: Executive Summary, Initial I/I Summary (Tasks 4 and 12) Wastewater Facilities Plan, Woodridge Lake Sewer District – Goshen, CT INTRODUCTION Following is the Executive Summary for our Infiltration and Inflow (I/I) Investigations for the Wastewater Facilities Plan for the Woodridge Lake Sewer District (WLSD) in Goshen, Connecticut. This memorandum includes tasks completed to date, including flow monitoring, I/I field work, and our opinion of probable cost for initial I/I mitigation recommendations. The I/I recommendations will be updated following completion of the remaining I/I tasks, and will be integrated with the recommendations for the other Facilities Plan tasks as part of a single consolidated Report at the completion of the Project. WASTEWATER FACILITIES PLANNING The WLSD is actively engaged in the Wastewater Facilities Planning process with Woodard & Curran. The goals of the project include: (1) improving collection, treatment and disposal systems; (2) removing infiltration and inflow from the collection system to preserve wastewater treatment and disposal capacity; (3) evaluating infrastructure needs to provide sewer service to additional users in the existing WLSD service area; and (4) improving treatment and disposal performance to meet current and anticipated future permit requirements. At the completion of the Wastewater Facilities Plan, the WLSD will be equipped with an integrated recommended plan that provides strong environmental protection of the surrounding environment, as well as a cohesive, cost-effective and sustainable recommended plan to maintain and upgrade its wastewater systems for the next 20 years. EXISTING COLLECTION SYSTEM The WLSD, established in the 1970s, owns and maintains its collection system, water pollution control facility and groundwater disposal system. The WLSD collection system, shown in Figure EX-1, was privately installed more than 30 years ago and, until recently, has received limited preventative maintenance. The majority of the sewer pipes are plastic. The WLSD collection system consists of 16.2 miles (85,500 feet) of gravity sewer, 1.9 miles of force main piping, and 8 wastewater pump stations. Approximately 677 of the 835 current District parcels are developed and sewered, of which 115 low-lying homes around the Lake are served by individual grinder pumps that discharge to mainline gravity sewers. The system is spread out over a large area and encircles the lake. For the number of users, the system has an unusually large amount of pipe, which allows for greater I/I potential. For the purpose of identifying and isolating I/I, the service area was divided into subareas, based on the locations of the pump stations. Table EX-1 summarizes the total length of pipe and inch-diameter-miles of pipe in each subarea. The unit of inch-diameter-mile of pipe is used to provide a level comparison of I/I flows in pipes of varying diameters. For example, a larger pipe size has more surface area to leak, so a larger pipe of lesser length (miles) may have the same potential as a smaller pipe with more length. LEGEND DISTRICT BOUNDARY PUMP REQUIRED FOR LOT GRAVITY SEWER LINE FORCE MAIN SEWAGE PUMP STATION SANITARY MANHOLE CONNECTED LOTS AS OF JANUARY 2007 WOODRIDGE LAKE SEWER DISTRICT GOSHEN, CT. ELFWI INSPECTION LOCATIONS CCTV INSPECTION AREAS JOB NO: 22-5614.01 DATE: APRIL 2011 SCALE AS NOTED SHEET OF C-103 Table EX-1: Sewer & Force Main Piping Lengths \| Subarea \| Diameter (inches) \| Length (miles) \| Unit Length (in-diam-mi) \| Force Main (miles) \| \|---------\|------------------\|----------------\|--------------------------\|--------------------\| \| 1 \| 8 \| 0.78 \| 6.2 \| 0.34 \| \| 2 \| 8 \| 0.93 \| 7.4 \| 0.11 \| \| 3 \| 8 \| 1.69 \| 13.6 \| 0.14 \| \| 5 \| 15 \| 7.17 \| 108 \| 0.27 \| \| 6 \| 12/15 \| 3.27 \| 44 \| 0.45 \| \| 7 \| 8 \| 1.53 \| 12 \| 0.22 \| \| 8 \| 8 \| 0.81 \| 6.5 \| 0.35 \| \| Total \| \| 16.2 \| 198 \| 1.89 \| 1. Pump Stations are located at each subarea, with an additional Plant Pump Station located upstream of the treatment plant (a total of 8 pump stations). WASTEWATER FLOW COMPOSITION Wastewater is comprised of sanitary and I/I flow components. The average daily wastewater flow to the WLSD Water Pollution Control Facility (WPCF) was approximately 105,000 gallons per day (gpd) from January 2010 through December 2011. During this same period, total daily flows ranged from a minimum of 43,000 gpd to a maximum of 402,000 gpd. Accurate water consumption data is not available since WLSD properties are served by individual wells. Based on observations of flow values during low groundwater periods (Summer 2010), Woodard & Curran estimates that the average annual sanitary flow is 50,000 gpd, or 74 gpd for each of the 677 current sewer users. This estimate is based on the projection that the existing properties served in the District are near full occupancy for 4 months per year (June-August, plus December) and are at 75% occupancy for the remaining 8 months each year. The remaining 55,000 gpd is the average annual I/I and is more than 50% of the annual wastewater flow. Figure EX-2 illustrates the variability of monthly sanitary and I/I flow components in the WLSD for 2010 and 2011. The red bars in the graph indicate I/I and show that the average I/I from month to month can range from near zero in the summer of 2010 to 148,000 gpd in March of 2011. We estimated base sanitary flows of 60,000 gpd over the summer and in December, and 45,000 gpd the remainder of the year (annual average of 50,000 gpd). I/I REMOVAL GOALS I/I consists of infiltration, inflow and rainfall-induced infiltration. In general, the goals for a typical I/I removal program generally include: (1) removal of direct inflow sources, including roof leaders and catch basins; (2) removal of infiltration sources with unit flows greater than 4,000 gallons per day per inch-diameter-mile (gpd/idm); and (3) elimination of other I/I sources that can be cost effectively removed, rather than continue to transport and treat these flows. Based on the composition of wastewater in the WLSD, the ratio of average annual I/I to average annual sanitary flow is 1:1:1 (based on 2010 to 2011 flow data). This is moderate based solely on flows. However, WLSD has an expansive collection system as compared to the number of sewer users. Therefore, although the quantity of I/I is moderate, the density of I/I within the collection system is low. The WLSD also includes potential future connections within the existing sewer service area. Since the WPCF utilizes groundwater disposal, it is important that I/I be removed to both improve treatment capabilities and meet groundwater discharge permit requirements. Based on the above, the WLSD I/I removal program goals are more aggressive than most communities: (1) remove I/I to minimize the size of treatment plant and/or groundwater disposal system requirements; (2) implement an annual preventative maintenance and I/I removal program to minimize future I/I flow contributions; and (3) annually monitor and adjust I/I removal effectiveness and goals based on seasonal flow, groundwater and precipitation factors, and the rate at which new sewer users are connected to the system. In order to combat excessive I/I, the Wastewater Facilities Plan includes two tasks related to I/I: Task 4 – Collection System Capacity Management (Infiltration and Inflow Evaluation); and Task 12 – Additional Inflow and Infiltration Investigations. The work associated with Tasks 4 and 12 includes: (1) preliminary flow monitoring; (2) infiltration field work; (3) inflow field work; (4) data evaluation; (5) capacity, management, operations and maintenance planning; and (6) integrated wastewater management recommendations. SUMMARY OF I/I INVESTIGATIONS In order to: (1) determine the composition of I/I; and (2) locate specific I/I sources within the collection system, Woodard & Curran and WLSD staff conducted the following I/I field work tasks, which are also summarized on Table EX-1: - Preliminary Flow Analysis: The collection system was subdivided into eight subareas, and total daily flow data was collected from each pump station from May 2010 through March 2011. Pump station flows were calculated by utilizing pump run time data, together with estimated pumping rates. For March 2011, the estimated system-wide peak monthly I/I and peak daily I/I were 148,400 gpd and 357,000 gpd, respectively. • Physical Site Inspection: A District-wide physical site inspection was conducted by Woodard & Curran staff during Spring 2011 to observe lot-by-lot surface features that may contribute to excessive I/I. The physical site inspection targeted low-lying areas, steep slopes, saturated areas, and other surface features that often result in the location of I/I sources. The qualitative results of the physical site inspection were used to narrow the focus of the follow-up building inspection program. • Manhole Inspections: Approximately 364 manhole inspections were completed by WLSD staff in 2011 and 2012 to locate potential infiltration and inflow sources, inventory system attributes, physical defects, and identify operation and maintenance needs. Most of the manhole inspections were performed in summer months when visible infiltration sources were minimal and the potential rate of infiltration was projected based primarily on qualitative criteria. The results of the manhole inspection program recommended: (1) repairs and cleaning for 55 manholes, or 15% of those manholes inspected; and (2) monolithic lining and exterior grouting of 46 manholes, equal to 13% of inspected manholes. Based on the inspection reports and a projection of flow based on qualitative criteria, the proposed manhole work is estimated to remove between 13,000 and 53,000 gpd of peak month I/I (for a peak flow event similar to March 2011). Given that the manhole inspections were performed during low groundwater conditions when active infiltration was less likely, we compared the estimates of manhole I/I from these inspections to the manhole I/I observed during the flow isolation work completed in 2011 when groundwater levels were higher. This comparison of data shows a high variability between the source information and illustrates the limitations of using qualitative observations to project flow. Because most of the manholes identified as exhibiting I/I are in areas that are planned for flow isolation and CCTV work in 2013 (Subareas 1, 2, 3 and 5), substantial manhole rehabilitation work should be performed after the 2013 flow isolation work confirms priority of manholes to be rehabilitated. • Flow Isolation: Woodard & Curran, through its sub-consultant Pereira Engineering/ADS, conducted a flow isolation program in Spring 2011 and Spring 2012. Flow isolation is performed in dry-weather nighttime hours during high groundwater periods to locate infiltration sources (on a manhole-to-manhole basis). Approximately 22,000 feet and 55,000 feet of gravity sewers were flow isolated in 2011 and 2012, respectively. A total of 21,000 gpd of pipeline infiltration and nearly 28,000 gpd of overall infiltration (pipeline, manhole and service lateral) was observed during the flow isolation work in May 2011, when groundwater levels were at very high levels following record snowfall and a series of significant spring precipitation events. A more modest 7,500 gpd of infiltration was observed in 2012, where abnormally low groundwater levels and few spring-time precipitation events occurred. The results of the 2011 flow isolation program were used to prioritize follow-up CCTV work. For perspective, we estimate that the average infiltration in the area of the Spring 2011 flow isolation work, that included 22,000 feet of pipe (26% of gravity pipe in the system), was approximately 30,700 gpd, and that 2011 flow isolation located approximately 90% of the infiltration present at that time. For comparison, average system wide I/I flow during the 2011 flow isolation work was 79,800 gpd or 53% of the peak month I/I (March 2011 basis). • CCTV Inspection: CCTV inspection was conducted (by NEPPCO for our MBE Subcontractor) on approximately 13,000 feet of gravity sewers to locate specific infiltration sources. The CCTV work reviewed 57 pipe segments, with cracks, breaks, obstructions and leaks present in 25 pipe segments (44% of those segments inspected). CCTV work was not conducted in 2012, due to the limited results of the Spring 2012 flow isolation work and low groundwater conditions. The intent of the CCTV work is not to quantify infiltration sources already observed during the flow isolation program. Instead, the CCTV work determines the location and type(s) of infiltration sources to dictate the capital improvement needs. The CCTV work resulted in a recommendation to perform approximately 1,800 feet of pipe lining work in addition to 3,900 feet of clean, inspect, test and seal (CITS) of pipe joints. If we assume a typical range of I/I removal (10-50% of identified sources), the pipeline remediation work has the potential to remove from 10,000 to 20,000 gpd of peak month I/I. • Building Inspections: Woodard & Curran staff targeted 193 homes for interior and exterior building inspections during Summer 2011. The intent of the building inspections was to locate potential sump pump, roof drain and drain connections to the WLSD collection system. Interior inspections were conducted in 104 of the homes (54% rate of entry). Although drainage systems were located, no interior connections were observed. Several potential exterior sources were recommended for follow-up smoke and dye testing. • Smoke and Dye Testing: Based on the results of the physical site inspection and building inspections, smoke testing (22,500 feet) and dye testing (15 locations) were also conducted by ADS, Woodard & Curran’s sub-consultant, in October 2011. No drainage connections illicitly connected to the sewer system were observed in those areas tested. INITIAL REHABILITATION EFFORTS During the May 2011 CCTV work, a significant I/I source, estimated at 7,200 gpd at that time, was located on Paxton Court. The WLSD subsequently installed a short liner to repair the damaged pipe section at a cost of approximately $21,000. A noticeable decrease in system flow was apparent at the WPCF following completion of this work, indicating that the initial rehabilitation efforts were effective. PRELIMINARY I/I REMOVAL RECOMMENDATIONS Based on the preliminary flow monitoring and 2011/2012 field work, Woodard & Curran developed a set of preliminary recommendations to: (1) reduce I/I through rehabilitation of the collection system; and (2) additional I/I evaluation tasks. In addition to the findings and recommendations presented above, following are additional I/I recommendations: • Investigations: Repeat flow isolation in subareas 1, 2, 3 and 5 in Spring 2013 (or next high groundwater period), together with concurrent infiltration-based manhole inspections, followed by prioritized CCTV work; Complete remaining I/I planning work (Tasks 4 and 12), including cost effectiveness analysis and CMOM tasks. • System Improvements: (1) Build on the District’s initial pipe lining efforts by continuing I/I removal improvements, including pipe lining (1,800 feet), clean, test and seal pipe joints (3,900 feet) and repair of capped service connections; (2) complete manhole repair (55) and lining (46) after completion of 2013 flow isolation work; and (3) continue with parallel recommendations to implement permanent flow monitoring capabilities at the eight pump stations to continually monitor the progress of on-going I/I removal efforts. In conjunction with CT-DEEP’s review of these recommendations, we plan to submit our proposed scope of services and request funding under the CWF I/I set-aside loan program. The WLSD WPCA plans to appropriate funds for this work, pending receipt of the CT-DEEP pre-approval letter, in October 2012. The intent is to complete design phase work later this Fall 2012, with bidding in early 2013, and construction following in Summer 2013. \| Recommended Improvement \| Capital Cost of Improvements \| Expected Range of Peak Month I/I Removed (gpd) \| \|-------------------------\|------------------------------\|-----------------------------------------------\| \| Pipe Lining, CITS Pipe Joints \| $272,000 \| 10,000 – 20,000 \| \| Manhole Repair & Lining \| $257,000 \| 13,000 – 53,000 \| \| Total: \| $529,000 \| 23,000 – 73,000 \| Notes: (1) Preliminary based on results of 2011 investigation work (2) Includes design and construction engineering and 15% contingency (3) Peak Month I/I based on March 2011 WPCF data	743c231e-380f-4fb0-b714-2a1337076865	CC-MAIN-2021-49	https://wlsd-goshen.org/Documents/Initial%20Summary_Tasks%204%20&%2012_CT-DEEP_2012.08.31%20(1).pdf	2021-11-28T23:40:02+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-49/subset=warc/part-00143-eb7089cf-762b-4a3e-8cab-20b677c0d246.c000.gz.parquet	674,282,573	3,877	eng_Latn	eng_Latn	0.86723	eng_Latn	0.993718	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	true	docling	[ 3230, 3541, 7339, 9082, 13802, 16815, 17389 ]
2743 Variation in the FACE vowel across West Yorkshire: Implications for forensic speaker comparisons Kate Earnshaw, Erica Gold Department of Linguistics and Modern Languages, University of Huddersfield, United Kingdom [email protected] Abstract In the field of sociophonetics, research is largely focused on the documentation of regional variability. However, the majority of literature in the United Kingdom often reports on variation at a macro-level (e.g. Northern, Yorkshire, West Yorkshire) rather than at a more local level (e.g. West Yorkshire: Bradford, Calderdale, Kirklees, Leeds, Wakefield). Traditionally, for sociophoneticians, examining regional variation at a broader level is adequate for answering research questions related to language change or more general variation. For practical applications (e.g. forensic, speech technology), however, more fine-grained regional analysis is necessary. This paper analyses over 2000 FACE tokens from three metropolitan boroughs (Bradford, Kirklees and Wakefield) within West Yorkshire, in order to determine the extent to which F1~F3 vary across the region. Results suggest that for FACE, these three boroughs within West Yorkshire are more regionally stratified than previously acknowledged. These findings are of particular importance to the forensic speech science community, as experts rely on these regional nuances in order to make important judgments related to strength of the speech evidence in a case. Should decisions be made without the greater understanding of local-level variation, the strength of evidence risks being over- or under-estimated. Index Terms: forensic speech science, sociophonetics, regional variation, vowels, FACE, West Yorkshire 1. Introduction It is widely acknowledged that the United Kingdom has relatively high levels of regional variability when considering its size (for example, in comparison to the United States). Numerous textbooks provide detailed descriptions of the ways in which accent and dialect vary between geographical regions throughout the UK [1,2,3,4]. However, at present, the extent to which speech production varies on a local-level is not fully understood. While there are of course studies which focus on single speech communities in very small and specific areas, most of these do not tend to consider how the speech patterns of speakers from neighbouring communities might vary. This paper defines "local" to mean a narrower view on the typical regional stratification. For example, considering Westminster, Camden and Hackney as separate entities rather than taking a holistic view of London. This study does just that by taking a detailed look at three relatively small boroughs within West Yorkshire, in order to examine how much linguistic diversity exists in a seemingly homogeneous population. It is hypothesised that the UK is perhaps even more linguistically diverse than is currently recognised, in contrast to the mainstream media's popular narrative that regional accents are dying out. The following subsections look at the current state of regional variation in West Yorkshire, while also demonstrating the importance of this research for forensic speech science. 1.1. FACE in West Yorkshire English West Yorkshire is situated in the North of England and has received relatively little attention from the sociophonetic community in recent years. Most research which has involved speech communities from within the region has also included other areas of Yorkshire and findings have been reported more generally as examples of "Yorkshire English" [1,2,3,4]. However, there are a few studies which have focussed on some areas within West Yorkshire, although these are largely outdated and auditory only analyses [1,5,6]. After consulting these studies, the vowel in words of the FACE lexical set, as defined by [1], became of particular interest as it is hypothesised to have high levels of variation in West Yorkshire English speech. Existing phonetic literature has reported [ɛɪ] and [eː] as common variants of FACE in Bradford and Kirklees accents [6]. Although, Bradford English has also been said to typically contain an open-mid monophthong [ɛː] [4]. Short monophthongs have been reported for the words make and take, with [ɛ] in Bradford and [a] in Kirklees [4,5]. In Wakefield, FACE has been found to be most commonly realised as [eː] [7]. All of the above studies have presented auditory representations of FACE. However, there is no current literature substantiating these representations with acoustic measurements or even considering the traditionally diphthongal nature of this vowel in General British English. This study investigates the present situation in the region and examines whether production of FACE varies across metropolitan boroughs and if so, to what extent. 1.2. Forensic relevance In addition to documenting regional variation in Bradford, Kirklees and Wakefield, this study has practical implications for forensic speaker comparison (FSC) casework. FSC involves the analysis of two or more speech samples, including a sample of a known suspect and an unknown criminal's speech, to assess the probability of obtaining the evidence under the hypothesis that the samples came from the same speaker versus the hypothesis that they came from different speakers. It is the role of the forensic expert to consider how similar (or different) the samples are and also to consider how typical any similar features are within a given population. When considering typicality, it is extremely important that a relevant reference population is selected. For example, if a particular feature found to be similar in the suspect and criminal recordings is extremely unusual in the selected reference population (typically the population that the criminal is thought to be from) this would provide strong support for the same speaker hypothesis. 10.21437/Interspeech.2018-1944 However, if an inappropriate population is selected it may under- or overestimate the strength of evidence. For this reason, an important area of research in this field is to understand how narrowly/broadly reference populations need to be defined. For instance, if a reference population is made up of speakers from Kirklees, but the criminal is in fact from Wakefield, it would be useful to know what impact this would have on the typicality estimation and the strength of evidence. This study looks to see how much speech varies between the boroughs of Bradford, Kirklees and Wakefield in order to better understand how to delimit the reference population. 2. Data This study analyses data from the West Yorkshire Regional English Database (WYRED) [8]. WYRED is the largest forensically-relevant database of British English speech, containing recordings from 60 speakers from each of three metropolitan boroughs of West Yorkshire: Bradford, Kirklees and Wakefield. In total, 180 participants were recorded undertaking four style-controlled tasks. 2.1. Participants The first 30 participants from WYRED were selected (10 each from Bradford, Kirklees and Wakefield) for this study. Participants are all male, aged 18-30 (mean=21.8, range=1929), have English as their first and only language and were raised in an English-only speaking household. Participants were classified as being from one of the three boroughs based on the postcode of where they grew up and went to school. All of the participants were enrolled on undergraduate or postgraduate degrees at university or had already completed a university qualification at the time of recording. 2.2. Tasks The present study considers three of the four tasks from WYRED. All tasks elicited spontaneous speech and were designed to mirror the contexts that may occur in evidential recordings. The studio recordings used in this study are presented in Table 1 below. Table 1: WYRED tasks used for this analysis. The experimental design for Task 1 involved a mock police interview in which participants had to provide certain information whilst denying anything incriminating. Using a map on an iPad as visual stimuli, certain target words were elicited which included a range of phonetic variables. Task 3 consisted of a casual conversation between pairs of participants from the same borough. Participants were provided with topic cards as prompts, however they were instructed that they could discuss any topics they like. Finally, Task 4 related to the crime scenario from Task 1 and involved participants leaving an answerphone message in a time-pressured situation. Participants were instructed to contact their fictional brother 2744 and ask him to hide or dispose of any incriminating evidence. They were provided with some brief examples of evidence to mention but were encouraged to talk about additional unprompted information. 3. Methodology This section outlines the methods that were used to conduct this study. It describes how the FACE tokens were selected, segmented and measured, as well as how statistical analysis was performed. 3.1. Token selection For each participant, a maximum of 35 tokens were manually segmented from the sound files of Tasks 1, 3 and 4. Due to the length of the Task 4 recordings, significantly less tokens were available than in Tasks 1 and 3. The average number of tokens selected from Tasks 1, 3 and 4 were 33, 29 and 9 respectively. In total, 2113 tokens were segmented and analysed acoustically. Tokens of FACE were selected from clearly articulated speech where there was no uncertainty as to what the intended target was. Any tokens produced in overlap or when the participant was laughing were disregarded. Tokens were only selected from mono- or bi-syllabic content words that contained FACE in the stressed syllable position. As a result of the experimental design of Tasks 1 and 4, a range of specific keywords occurred frequently in almost all of the participants' recordings, such as steak, make and Rachel. As tokens of FACE occurred in a range of phonetic environments, care was taken to group tokens accordingly in case the phonetic context influenced the acoustic properties under examination. Tokens which occurred before or after a liquid were treated separately as liquids often cause lowering of F2 for front vowels [9,10]. It was also recorded when tokens occurred next to either a glide or a nasal as these segments are acoustically similar to vowels. The distribution of tokens across the aforementioned phonetic environments is presented in Table 2. Table 2: Phonetic environments of FACE tokens 3.2. FACE segmentation and extraction Tokens were manually segmented in Praat [11] and the word from which the vowel token was extracted was labelled in a TextGrid. For each token, the beginning of the first complete cycle and the end of the last complete cycle of the vowel were marked at zero crossings. All tokens were visually inspected in the spectrogram to determine the most appropriate number of formants required for the Linear Predictive Coding algorithm to take suitable measures. A modified version of a Praat script [12] was used to automatically extract measurements of the first three formants at 25%, 50% and 75% across the vowel. The data was subsequently exported to Microsoft Excel to be organised before statistical analysis was conducted in R [13]. The distances between the vowel onsets and offsets (measured at 25% and 75%, respectively) for F1~F3, were measured to capture how much movement there was across each token. 3.3. Statistical analysis R [13] and lme4 [14] were used to perform a linear mixed effects analysis of the relationship between the quality of the vowel (midpoint formant values) and location. A further analysis was also conducted which considered the relationship between the movement of the vowel (offset formant values minus onset formant values) and location. In both cases, borough was entered into the model as a fixed effect and as random effects, there were intercepts for subjects, phonetic environments and tasks. Visual inspection of residual plots did not reveal any obvious deviations from homoscedasticity or normality. P-values were obtained by likelihood ratio tests of the full model with the fixed effect of borough against the model without the effect in question. 4. Results The acoustic analysis of the formant data shows that there is relatively little movement from vowel onset to vowel offset, particularly in terms of F1. Figure 1 presents the average trajectories from vowel onset to offset, for all 30 participants. Each participant's trajectory is colour coded according to the borough that they are from. In terms of the direction of the trajectory, F2 consistently increases across the vowel and, for the majority of participants, F1 decreases across the vowel. Slight separation can be seen across boroughs both in terms of F1 and F2; however, the regional differences on the F2 dimension appear to be strongest, indicating that vowel front/backness is perhaps most regionally marked. FACE in West Yorkshire is generally monophthongal. Impressionistically, FACE in Kirklees is close to [e] but slightly backed, Bradford is between [ɛ] and [e], while Wakefield is closer to [ɛ] and slightly fronted. The boxplot in Figure 2 visualises the midpoint formant data for each of the three boroughs. It can be seen that the distribution of FACE formant values varies across Bradford, Kirklees and Wakefield. 4.1. Linear mixed effects analysis results The results of the linear mixed effects analysis described in §3.3 reveal that there are significant differences in terms of F1 and F2 midpoint values; corresponding to vowel height as well as vowel front/backness, respectively. Taking Bradford as the intercept in the model, the ANOVA results are as follows: - Borough affected F1 (χ2(2)=8.60, p=0.0135), lowering it by about 38.78 Hz ± 13 (standard errors) for Kirklees and lowering it by about 13.99 Hz ± 12.98 (standard errors) for Wakefield. - Borough affected F2 (χ2(2)=9.0765, p=0.0107), lowering it by about 31.18 Hz ± 35.87 (standard errors) for Kirklees and increasing it by about 77.92 Hz ± 35.83 (standard errors) for Wakefield. Significant differences were not found across boroughs in terns of F3 (χ2(2)=3.0102, p=0.222). In terms of distance measures for F1~F3, the results of the linear mixed effects analysis showed that there were no significant differences across boroughs. This means that, when taking into account all tokens rather than comparing averages (as in Figure 1), the movement in the FACE trajectories, did not significantly vary as a result of which borough the participant was from. 5. Discussion This section discusses the results of this study in more detail and highlights the implications of the findings for researchers in the fields of forensic speech science, automatic speech recognition and sociophonetics more generally. 5.1. General findings The existing literature on West Yorkshire English had previously indicated that the production of FACE varied across the region. This study illustrates that this is still the case by using both auditory and acoustic analyses to substantiate these findings. Although the auditory analysis did not reveal any clear distinctions in the way FACE was pronounced between Bradford, Kirklees and Wakefield, the acoustic data shows that there is variation across boroughs in terms of F1~F3. The linear mixed effects and ANOVA results illustrated that F1 and F2 are more regionally influenced than F3. One explanation for why F3 may vary the least across boroughs is that this parameter is generally considered to be more idiosyncratic [15,16,17] and therefore less likely to be dependent on external factors, such as the place the speaker is from. 2745 Figure 2: Midpoint formant data across West Yorkshire boroughs It is important to note that even though the participants formed a fairly homogeneous group insofar as their social characteristics (such as sex, age group and influence of other languages), significant differences in F1 and F2 were observed across boroughs. If we were to take a random sample of the male population of West Yorkshire, it is likely that the extent to which FACE varies across the region would be even greater than this. Furthermore, anecdotal evidence observed during the data collection process suggests that regional variation could be even more fine-grained than at the local-level. Participants have claimed to be able to tell the difference between accents within the same borough (e.g. Pontefract and Hemsworth); however, further analyses on an even more "microscopic" level is required to examine whether this can be corroborated with acoustic information. 5.2 Implications The findings of this study highlight that there is regional variation present on a more local-level than one might expect. The following sections address the potential implications this could have on practical applications. 5.2.1 Forensic speech science A vital part of FSC casework involves making an assessment of how typical a particular speech parameter is in a given population. This study informs caseworkers of how FACE is realised across West Yorkshire by providing new reference population data for an area for which no acoustic data was previously available. Furthermore, this study addresses the broader question of how narrowly a reference population needs to be delimited. The results of this study indicate that, for FACE at least, significant acoustic differences exist at a local-level even within a fairly homogeneous community. For this reason, it is advised that attention must be paid to local-level variation when assessing the strength of evidence in order to avoid overor under-estimations. 5.2.2 Speech Technology A greater understanding of regional variation at a local-level could assist engineers in designing automatic speech recognition (ASR) systems. ASR systems are typically trained using many hours of speech and the more closely the training data matches the test data, the higher the expected recognition performance. As this study has shown that there are finegrained acoustic differences across relatively small, neighbouring communities, it may be the case that using more local-level datasets would help to improve recognition performance. For example, if an ASR system were to be trained using speech from across all of West Yorkshire, as opposed to from one specific part of the region, it is likely that the system would more accurately recognise West Yorkshire English speech. 5.2.3 Sociophonetics As well as providing a description of an area which has seldom been analysed from a sociophonetics perspective, the findings of this study can be compared to previous studies in order to investigate language change in West Yorkshire. The evidence of regional variation in this study suggests that speakers from West Yorkshire may have a particularly strong sense of local identity even at the level of their metropolitan borough. 6. Conclusions This paper has shown that FACE realisations are significantly different in terms of F1 and F2 across Bradford, Kirklees and Wakefield. These results suggest that West Yorkshire, or Yorkshire generally, is more regionally stratified than previously recognised. This provides motivation for further investigation into other phonetic variables and how they vary at a local-level. This is especially important for the field of forensic speech science when an expert is delimiting the reference population in a criminal investigation. 7. Acknowledgements We would like to thank Sula Ross, our colleague on the WYRED Project, our team of undergraduate transcribers at the University of Huddersfield and all of the people from West Yorkshire who participated in the study. We would also like to thank the anonymous reviewers for their valuable feedback and suggestions. 2746 8. References [1] J. C. Wells, Accents of English (Vol. 1). Cambridge: Cambridge University Press, 1982. [2] J. C. Wells, "English accents in England," in P. Trudgill (Ed.) Language in the British Isles. Cambridge: Cambridge University Press, 1984, pp. 55-69. [3] P. Foulkes and G. Docherty (Eds.), Urban voices: accent studies in the British Isles. London: Arnold, 1999. [4] A. Hughes, P. Trudgill and D. Watt, English accents and dialects: An introduction to social and regional varieties of English in the British Isles, 5 th edition. London: Arnold, 2012. [5] A. Easther, A glossary of the dialect of Almondbury and Huddersfield. Vaduz: Kraus, 1883 (1965 reprint of original). [6] K. M. Petyt, Dialect and Accent in Industrial West Yorkshire Amsterdam: John Benjamins, 1985. . [7] K. Burland, "Where the Black Country Meets 'Black Barnsley': Dialect Variation and Identity in an Ex-Mining Community of Barnsley," in C. Montgomery and E. Moore (Eds.) Language and a Sense of Place: Studies in Language and Region. Cambridge: Cambridge University Press, 2016, pp. 234-257. [8] E. Gold, K. Earnshaw, and S. Ross, "An Introduction to the West Yorkshire Regional English Database (WYRED)," in K. Burland and C. Upton (Eds.), Transactions of the Yorkshire Dialect Society, 2016, pp. 1-8. [9] P. Ladefoged, and I. Maddieson, The Sounds of the World's Languages. Oxford: Blackwell, 1996. [10] P. Ladefoged, A Course in Phonetics, 4 th edition. Fort Worth: Harcourt, 2001. [11] P. Boersma, and D. Weenink, Praat: doing phonetics by computer [Computer program]. Version 6.0.29, retrieved November 2017 from http://www.praat.org/. [12] M. Lennes, SpeCT - Speech Corpus Toolkit for Praat (v1.0.0). First release on GitHub (Version 1.0.0). Zenodo, retrieved March 2017 from http://doi.org/10.5281/zenodo.375923. [13] R Core Team, "R: A language and environment for statistical computing," R Foundation for Statistical Computing, Vienna, Austria, 2017, URL https://www.R-project.org/. [14] D, Bates, M. Maechler, B. Bolker, and S Walker, "Fitting Linear Mixed-Effects Models Using lme4," Journal of Statistical Software, vol. 67, no. 1, pp. 1-48, 2015. [15] K. McDougall, "Speaker-specific formant dynamics: an experiment on Australian English /aɪ/," International Journal of Speech, Language and the Law, vol. 11 no.1, pp. 103-130, 2004. [16] V. Hughes, K. McDougall, and P. Foulkes, "Diphthong dynamics in unscripted speech," in International Association of Forensic Phonetics and Acoustics Conference, August 2-5, Cambridge, UK, 2009. [17] E. Gold, J. P. French, and P. Harrison, "Examining long-term formant distributions as a discriminant in forensic speaker comparisons under a likelihood ratio framework," Proceedings of Meetings on Acoustics (POMA), vol. 19, no.1, pp. 060041060041, 2013. 2747	<urn:uuid:f15391d3-2fbd-463f-8beb-a3c1b6149262>	CC-MAIN-2021-10	https://www.isca-speech.org/archive/Interspeech_2018/pdfs/1944.pdf	2021-03-02T17:58:30+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-10/subset=warc/part-00248-dbb5a216-bcb2-4bff-b117-e812a7981d21.c000.gz.parquet	809,731,110	4,852	eng_Latn	eng_Latn	0.91231	eng_Latn	0.996762	[ "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 5948, 11419, 15799, 19929, 22726 ]
Abstract Submitted for the DAMOP16 Meeting of The American Physical Society Classical and quantum reﬂection of bright matter-wave solitons ANNA MARCHANT, THOMAS BILLAM, MANFRED YU, ANA RAKONJAC, JOHN HELM, CHRISTOPH WEISS, Durham University, JUAN POLO, Universitat Autonoma de Barcelona, SIMON GARDINER, SIMON CORNISH, Durham University — We report the controlled formation of a bright matter-wave soliton 1 from a Bose–Einstein condensate of 85 Rb 2 . We demonstrate the reﬂection of the soliton from a broad repulsive Gaussian barrier and contrast this to the case of a repulsive condensate, in both cases ﬁnding excellent agreement with theoretical simulations using the 3D Gross-Pitaevskii equation. Using a tightly focussed reddetuned light sheet, we create a narrow attractive potential well, comparable in the narrow direction to the size of the soliton. Using a low incident velocity, we observe a splitting of the atomic wavepacket when it reaches the well, resulting in quantum reﬂection of ∼25% of the atoms 3 . In addition, a smaller fraction of atoms (∼10%) become trapped at the well. These results pave the way for new experimental studies of bright matter-wave soliton dynamics to elucidate the wealth of existing theoretical work and to explore an array of potential applications such as the study of short-range atom-surface potentials 4 . 1 A. L. Marchant et al., Nat. Commun. 4, 1865 (2013) 2 A. L. Marchant et al., Phys. Rev. A. 85, 053647 (2012) 3 A. L. Marchant et al., arXiv 1507.04639 (2015) 4 S. L. Cornish et al., Physica D 238, 1299 (2009) Date submitted: 27 Jan 2016 Anna Marchant Rice University Electronic form version 1.4	<urn:uuid:4a0d04b5-7fda-431d-b8fb-e0d6b40ebb24>	CC-MAIN-2021-39	https://absimage.aps.org:443/image/DAMOP16/MWS_DAMOP16-2016-000204.pdf	2021-09-22T23:49:33+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-39/subset=warc/part-00293-f465d820-0362-4c4c-a396-c69f5fd24cc4.c000.gz.parquet	121,342,353	440	eng_Latn	eng_Latn	0.941657	eng_Latn	0.941657	[ "eng_Latn" ]	false	rolmOCR	[ 1658 ]
The Easingwold Singers & Cundall Chamber Choir present A Concert for the Season of Advent a programme of Advent and Christmas Music which will include congregational carols Conducted by Sarah Reece & Wendy Ford Saturday 13 th December 2014 at 7.00 pm Easingwold Methodist Church, Chapel Lane, Easingwold, YO61 3AE Tickets £8 {Students & Children £5} To include pies and warm or soft drink Available from Tempo, Choir Members, White Rose Book Shop Thirsk, at the door, by telephone 01347 822258 or via website: www.easingwold-singers.co.uk	<urn:uuid:ae0387c6-3bee-4c08-ab1a-efb87fc15eef>	CC-MAIN-2018-43	http://easingwold-singers.co.uk/20141213.pdf	2018-10-21T17:55:48Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-43/segments/1539583514162.67/warc/CC-MAIN-20181021161035-20181021182535-00039.warc.gz	109,562,314	146	eng_Latn	eng_Latn	0.98156	eng_Latn	0.98156	[ "eng_Latn" ]	false	rolmOCR	[ 546 ]
December 10, 1971 Arlen I. Erdahl Secretary of State State of Minnesota Dear Mr. Erdahl: This is to inform you that I am rescinding the appointment of Vince Kubiak to the Advisory Committee on Workmen's Compensation. The appointment was in error and Mr. Kubiak never received official notification. Sincerely, Wendell R. Anderson WRA/smm WENDELL R. ANDERSON GOVERNOR STATE OF MINNESOTA To Vince Kubiak, 966 Hawthorne Avenue East, Saint Paul, Minnesota Of Ramsey County, Reposing especial trust and confidence in your prudence, integrity and ability I have appointed and commissioned you TO HAVE AND TO HOLD the said office of Member of the Governor's Advisory Commission on Workman's Compensation for a term effective January 4, 1971, and which expires the first Monday in January, 1975. together with all the rights, powers and emoluments to the said office belonging, or by law in anywise appertaining, until this commission shall be by me or other lawful authority, superseded or annulled, or expire by force or reason of any law of this State. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the Capitol, in the City of Saint Paul, this ninth day of March in the year of our Lord one thousand nine hundred seventy-one, and of the State the one hundred thirteenth. Wendell R. Anderson GOVERNOR Arlen J. Erdahl Secretary of State	<urn:uuid:bb0ffd16-e085-4663-a38f-8969ff4473da>	CC-MAIN-2025-05	https://www.lrl.mn.gov/archive/sos/film/pdf/22349.pdf	2025-01-19T09:00:41+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2025-05/subset=warc/part-00174-88b30a59-3c73-48ba-a167-077611bfd245.c000.gz.parquet	937,485,310	343	eng_Latn	eng_Latn	0.99102	eng_Latn	0.993949	[ "eng_Latn", "eng_Latn" ]	false	docling	[ 349, 1421 ]
SECTION 149100 - FACILITY CHUTES PART 1 - GENERAL 1.1 SUMMARY A. Section includes waste chutes. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For chutes. Include plans, elevations, sections, details, weights, operational clearances, and attachments to other work. Indicate method of field assembly. 1. Wiring Diagrams: Power, signal and control wiring. 1.3 INFORMATIONAL SUBMITTALS A. Product certificates. 1.4 CLOSEOUT SUBMITTALS A. Operation and maintenance data. 1.5 QUALITY ASSURANCE A. Fire-Rated Door Assemblies: Assemblies complying with NFPA 80 that are listed and labeled by a testing and inspecting agency acceptable to authorities having jurisdiction, for fire ratings indicated. 1. Test Pressure: Test at atmospheric (neutral) pressure according to NFPA 252 or UL 10B. 2. Intake Door: Class B labeled; 2-hour fire rated. 3. Discharge Door: Class B labeled; 2-hour fire rated. 4. Access Door: Class B labeled; 2-hour fire rated. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Standard: Provide chutes complying with NFPA 82. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. American Chute Systems, Inc. 2. Chutes International. 3. Midland Chutes. 4. Valiant Products, Inc. 5. Western Chutes; Div. of Buchanan Company, Inc. 6. Wilkinson Hi-Rise, LLC. 2.2 CHUTES Chute Metal: Aluminum-coated, cold-rolled, commercial steel sheet; ASTM A 463/A 463M, Type 1 with A. not less than T1-40 coating. 1. Thickness: 0.075 inch. B. Size: 36" diameter unless otherwise indicated on Drawings. 2.3 DOORS A. Intake Door Assemblies: ASTM A 240/A 240M, Type 304 stainless-steel, self-closing units with positive latch and latch handle; as required to provide fire-protection ratings indicated; and with frame suitable for enclosing chase construction. 1. Door Type: Hopper, limited access. 2. Size: Manufacturer's standard size for door type, chute type, and diameter indicated. 3. Finish: Manufacturer's standard satin or No. 3 directional polish. 4. Baffles: Rubber-back draft baffles at each intake. 5. Accessible Automatic Door Operating System: Manufacturer's standard system complying with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADAABA Accessibility Guidelines. 6. Mechanical Interlocks: Interlock system operated from discharge door to automatically lock intake doors. 7. Electrical Interlocks: Interlock system that is energized by opening one intake door; remaining doors automatically lock when system is energized. 8. Provide electric connections and components to interface with waste diverter system. 9. Provide bottom-hinged, 90 minute rated 18 in. x 18 in. intake door. B. Discharge-Door Assemblies: Aluminum-coated-steel doors as required to provide fire-protection ratings indicated; equipped with fusible links that cause doors to close in the event of fire. 1. Provide discharge door assembly to interface with waste diverter system. C. Heat- and Smoke-Detector System: Interlock system with temperature-rise elements that locks chute doors when temperature in chute reaches a predetermined, adjustable temperature. 1. Locate smoke detector outside discharge door with solenoid to close discharge door. D. Access Door Assemblies: Manufacturer's standard ASTM A 240/A 240M, Type 302/304 stainless-steel doors; as required to provide fire-protection ratings indicated; with frame suitable for enclosing chase construction; and in satin or No. 3 directional polish finish. E. Manual Control System: Control system with manual switches that lock doors of chute during shutdown hours and service operations. 2.4 ACCESSORIES A. Fire Sprinklers: Manufacturer's standard NPS 1/2 fire sprinklers ready for piping connections. B. Flushing Spray Unit: NPS 3/4 spray head unit located in chute above highest intake door, ready for hotwater piping connection, and with access for head and piping maintenance. C. Sanitizing Unit: NPS 3/4 disinfecting and sanitizing spray head unit located in chute above highest intake door, including 1-gal. tank and adjustable proportioning valve with bypass for manual control of sanitizing and flushing operation, ready for hot-water piping connection, and with access for head and piping maintenance. D. Intake Door Baffles: Rubber baffles, 1/8 inch thick. E. Sound Dampening: Manufacturer's standard sound deadening coating on exterior of chute and sound and vibration isolator pads at floor supporting frames. 2.5 FABRICATION A. General: Factory assemble chutes to greatest extent practical with continuously welded or lock-seamed joints without bolts, rivets, or clips projecting on chute interior. Include intake door assemblies and metal supporting framing at each floor, and chute expansion joints between each support point. B. Roof Vent: Fabricate vent unit to extend 48 inches above roof with full-diameter, screened vent and metal safety cap or glass explosion-release cap. Fabricate with roof-deck flange, counterflashing, and clamping ring of nonferrous metal compatible with chute metal. C. Fire Sprinklers: Comply with NFPA 13. Locate fire sprinklers at or above the top service opening of chutes, within the chute at alternate floor levels in buildings more than two stories tall, and at the lowest service level. D. Equipment Access: Fabricate chutes with access for maintaining equipment located within the chute, such as flushing and sanitizing units, fire sprinklers, and plumbing and electrical connections. PART 3 - EXECUTION 3.1 INSTALLATION A. General: Comply with NFPA 82 requirements and with chute manufacturer's written instructions. Assemble components with tight, nonleaking joints. Anchor securely to supporting structure to withstand impact and stresses on vent units. Install chute and components to maintain fire-resistive construction of chute and enclosing chase. B. Install chutes plumb, without offsets or obstructions that might prevent materials from free falling within chutes. C. Anchor roof flanges of chute vents before installing roofing and flashing. Install chute-vent counterflashing after roofing and roof-penetration flashing are installed. D. Intake and Discharge Doors: Interface door units with throat sections of chutes for safe, snag-resistant, sanitary depositing of materials in chutes by users. 1. Coordinate installation of foot-pedal door operator with installation of door and enclosing chase. 2. Interconnect sanitizer control with door interlock system. E. Electrical Interlock System: Comply with applicable NECA 1 recommendations. F. Test chute components after installation. Operate doors, locks, and interlock systems to demonstrate that hardware is adjusted and electrical wiring is connected correctly. Complete test operations before installing chase enclosures. G. Test heat- and smoke-sensing devices for proper operation. H. Operate sanitizing unit through one complete cycle of chute use and cleanup, and replenish chemicals or cleaning fluids in unit containers. I. After completing chase enclosure, clean exposed surfaces of chute system's components. Do not remove labels of independent testing and inspecting agencies. 3.2 DEMONSTRATION A. Demonstrate use of chute and equipment to Owner's personnel. B. Demonstrate replenishment of sanitizing-unit chemicals or cleaning fluids. END OF SECTION 149100	<urn:uuid:24e076c6-a655-4a3a-8c41-a6a05038d878>	CC-MAIN-2021-39	http://hcaac.com/wp1/wp-content/uploads/2021/06/149100-sf-facility-chutes_Pinewood-Village.pdf	2021-09-21T17:04:30+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2021-39/subset=warc/part-00102-f465d820-0362-4c4c-a396-c69f5fd24cc4.c000.gz.parquet	28,142,320	1,722	eng_Latn	eng_Latn	0.967217	eng_Latn	0.982325	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1880, 5138, 7706 ]
ORDINANCE NO. 1736 AN ORDINANCE OF THE MUNICIPALITY OF MONROEVILLE, ALLEGHENY COUNTY, PENNSYLVANIA, AMENDING ORDINANCE NO. 848 OF THE MUNICIPALITY OF MONROEVILLE PROHIBITING A LEFT TURN FOR VEHICULAR TRAFFIC FROM RACQUET LANE ONTO MONROEVILLE BOULEVARD AND NOW, on this 8th day of January, 1991, it is ORDAINED AND ENACTED by the Municipal Council of the Municipality of Monroeville as follows: SECTION 1. Ordinance No. 848 of the Municipality of Monroeville is hereby amended to read as follows: All vehicular traffic is hereby prohibited from making a left turn from Racquet Lane to the east bound lanes of Monroeville Boulevard in the Municipality of Monroeville, Allegheny County, Pennsylvania. SECTION 2. Any Ordinance or Resolution or part of an Ordinance or Resolution in conflict herewith is hereby repealed. ATTEST: MUNICIPALITY OF MONROEVILLE Robert N. Decker Thomas R. Schuerger Management Consultant Mayor ENTERED INTO LEGAL BOOK ON: January 18, 1991	<urn:uuid:abe227eb-9ce9-49fc-85ef-a2b13ebc1d39>	CC-MAIN-2018-09	http://www2.monroeville.pa.us/ordinances/ORD1736.pdf	2018-02-25T21:28:22Z	s3://commoncrawl/crawl-data/CC-MAIN-2018-09/segments/1518891817437.99/warc/CC-MAIN-20180225205820-20180225225820-00427.warc.gz	583,867,263	289	eng_Latn	eng_Latn	0.931568	eng_Latn	0.931568	[ "eng_Latn" ]	false	docling	[ 970 ]
Float Specifications All Cellofoam Floats are made to the exacting standards listed on this document. All units are made from virgin Linear Low Density Polyethylene resin. This resin contains UV inhibitors and Carbon black to protect from deterioration caused by U.V. light. The resin offers a balance of toughness, rigidity environmental stress crack resistance and low temperature impact performance. Cellofoam floats meet the Corps of Engineers Regulation #36 CFR part 327. (See page 3). 1 Impact Strength Test of material is at the lower -40oC temperature as recommended by the Association of Rotomolders and not the less stringent -20 o F as used by some other manufacturers All floats are rotationally molded for a seamless one piece construction. The encasement is resistant to damage by animals and will not sink nor contaminate the waters if punctured. Content of the encasement is Expanded Polystyrene foam (see sheet 2 for specifications) with a nominal density of 1 Lb/Cu.Ft. The nominal wall thickness of the encasement is 0.150" with a minimum wall thickness of 0.125". Custom thicknesses can be manufactured to specific requirements. The resin used in the encasement exhibits resilience against ice, bumping by watercraft and degradation caused by petroleum products. The encasement is recyclable. All Cellofoam's floats are filled with virgin expanded Polystyrene beads and then fused using steam. This increases the strength of the float as well as providing a back up flotation system in the unlikely event of catastrophic damage to the encasement. The flotation material used meets the higher UL94H and ASTM E84 requirement for flammability. Inner Core All Testing including the Water absorption testing is carried out in accordance with the American Society of Testing and Materials, (ASTM) the recognized accredited standard within the USA and in other countries around the world. Testing to other standards can be accommodated if required. Testing through an independent test house can be arranged at additional cost. Certified Tank Testing: All floats are tank tested for buoyancy results, and both the equipment and the tank testing procedure is 3 rd party validated (see attachment). All tank test figures are +0/-5% Army Corps of Engineers The following is an abstract from the Corps of Engineers Regulation #36 CFR part 327, the full document can be found at the following link http://www.access.gpo.gov/nara/cfr/waisidx_04/36cfrv3_04.html Corps of Engineers Regulation #36 CFR part 327. 30 appendix C sect. 14 14. Floats and the flotation material for all docks and boat mooring buoys shall be fabricated of materials manufactured for marine use. The float and its flotation material shall be 100% warranted for a minimum of 8 years against sinking, becoming waterlogged, cracking, peeling, fragmenting, or losing beads. All floats shall resist puncture and penetration and shall not be subject to damage by animals under normal conditions for the area. All floats and the flotation material used in them shall be fire resistant. Any float which is within 40 feet of a line carrying fuel shall be 100% impervious to water and fuel. The use of new or recycled plastic or metal drums or noncompartmentalized air containers for encasement or floats is prohibited. Existing floats are authorized until it or its flotation material is no longer serviceable, at which time it shall be replaced with a float that meets the conditions listed above. For any floats installed after the effective date of this specification, repair or replacement shall be required when it or its flotation material no longer performs its designated function or it fails to meet the specifications for which it was originally warranted.	<urn:uuid:12ed25a6-d056-40a4-9a7e-b7ef2e93879c>	CC-MAIN-2017-13	http://www.cellofoam.com/_literature_29161/Permafloat_Specifications	2017-03-26T13:03:26Z	s3://commoncrawl/crawl-data/CC-MAIN-2017-13/segments/1490218189239.16/warc/CC-MAIN-20170322212949-00511-ip-10-233-31-227.ec2.internal.warc.gz	468,132,698	777	eng_Latn	eng_Latn	0.99375	eng_Latn	0.993841	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1315, 2250, 3749 ]
Across the Wire: Deals and Cases in CEE On the Move: New Firms and Practices The Buzz in CEE Chasing Czech Traces in Foreign Places: JSK Partner Roman Kramarik Flies Around the World Inside Insight Marketing Law Firm Marketing: The Biggest Difference Market Spotlight: Poland Saving the Snitch: Increasing Whistle-Blower Protection in Poland Experts Review: Competition Expat on the Market: Andrew Kozlowski of CMS Inside Out: The Acquisition of PESA Bydgoszcs Readiness is All: Schoenherr Romania Helps Companies Comply with Competition Authority Guidelines A ground-breaking partner for an ever-changing market MUȘAT & ASOCIAȚII Attorneys at Law Mușat & Asociații is at the forefront of Romania’s legal and business development, anticipating the evolving needs of its clients, thus acting as a pioneer in the field. www.musat.ro EDITORIAL: A SMALL SHARE OF THE WORLD I am blessed to be a 50-50 co-owner in a business with a partner who, for all his quirks, is one of the less than 1% of this world’s population who is capable of putting up with my ample set of idiosyncrasies. I say blessed – and I recognize that I am – because twice in this last week I had conversations with friends in other lines of work who own minority stakes in small- or mid-sized businesses that they are struggling to get out of. In the most unfortunate of the two scenarios, my friend’s decision was prompted by his exclusion from any real decision-making as a minority shareholder and, now that his decision to exit has been made, he is facing real difficulties in agreeing with the other partners on an exit strategy (or even having the semblance of a semi-civilized conversation in the process of finding one). These micro-level instances might seem like small problems to have. In fact, holding shares in a company that you are looking to sell quickly would not seem like a real challenge to many. Just in the last couple of weeks CEELM has reported on Blackstone’s EUR 1 billion acquisition by a consortium of private equity funds it manages of a 60% stake in Luminor from Nordea bank AB and DNB Bank ASA – reportedly, the deal is the largest M&A transaction in Baltic history. In fact, a quick scan of our reporting over the last 12 months shows just under 50 deals that were either the largest transaction in that jurisdiction’s history, or in that sector in the country, or the largest since 2007-2008. Selling off shares seems to be good business these days, in a climate of intense buyer appetite. Indeed, a recent article in the Financial Times pointed to a study according to which “globally, about half of private equity deals last year were priced at over 11 times the target company’s earnings before interest, taxes, depreciation and amortization.” Of course, I am not comparing apples and oranges; I am not claiming straight parallels between the types of whale-sized deals we tend to cover on the CEELM website and the sale of a minority share in, say, a local pub. But you’d assume market conditions should be, at least broadly speaking, indicative of whether one is looking to exit at a loss or a gain from his/her initial investment into a company that’s generally doing the same now as it did when it was bought into a few years ago. The difference? The partners. Neither of the two friends I mentioned are looking to exit their shares as a result of an economic calculus. Heck, for them, even advice along the lines of “just sit on your shares until you find a real buyer” generates visceral negative reactions. Being tied to the wrong person(s) in a business and seeing your livelihood tied, at least in part, to decisions you have no control over, and to someone you can’t seem to have a functioning working relationship with is probably one of the more toxic working situations out there – even more so than having a job you hate, or working for a manager you loathe, as in both those instances it is easier, generally, to “exit” without serious financial repercussions. At CEE Legal Matters we both write about and work in a world of partnerships in the legal sector, and I do not intend to offer clichéd advice along the lines of “choose your partner carefully” (nor would I really be able to offer advice on how to identify the right partners – I was lucky enough more or less to stumble upon mine). But the conversations I had recently with the two friends trying to exit their circumstances made me realize that it can be all too easy not to appreciate those partners that we have a healthy working relationship with (negative observation bias, I guess) … and a mistake not, occasionally, to acknowledge our good fortune out loud. So allow me to take this opportunity to take the literary walk up to my business partner and simply say: “Thanks for being a good partner, partner.” I recommend you do the same. Radu Cotarcea Erratum: In the article on the growth of the Act Legal alliance that appeared in the August 2018 issue of the CEE Legal Matters magazine the the alliance was incorrectly credited with having 13 members. In fact, Act Legal currently has 8 member law firms, with 13 offices in total. In addition, we misidentified Sven Tischendorf as working for “Frankfurt’s act AC Tischendorf Rechtsanwälte.” The firm has informed us that the proper formulation is “act legal Germany, AC Tischendorf Rechtsanwälte.” We regret the errors. Ever since “legal tech” became a thing, lawyers have been dreadfully anticipating the time when technology will disrupt the legal profession. The media has been fuelling lawyer worries, and attention-grabbing headlines like “The robot lawyers are here – and they are winning” or “Lawyers could be replaced by artificial intelligence” have kept lawyers awake at night. Artificial intelligence (AI) and machine learning in law has become the talk of the town, and for good reason, as the use of legal technology helps lawyers to get things done more efficiently and cost-effectively. Thus, it does not come as a surprise that legal tech start-ups are becoming the Starbucks of the legal profession – they are popping up on every corner. It is estimated that there are over 1000 legal tech start-ups worldwide and that the legal tech industry is worth USD 15.9 billion globally. There is no doubt that legal tech is here to stay. Is there a reason for lawyers to be concerned that legal tech will entirely automate the legal profession in the future? I don’t think so. The future is now. Lawyers face increasing pressure from clients to deliver more value at a reduced cost, and legal tech is the key ingredient of the solution to this problem. Many law firms are already using legal tech to drive efficiencies and productivity by automating routine tasks on due diligence, legal research, transaction management, and document management. Legal tech is indeed transforming the legal profession. However, it does not pose a threat to law firms that are embracing technology to provide technology-assisted services to become more efficient and effective. They will be the preferred choice of increasingly sophisticated clients who will appreciate the efficiency gains of technology-enhanced services. In contrast, law firms that are slow to adopt legal tech in their organizations will most likely face a competitive disadvantage in the long run as they will be unable to provide services as cost-effectively as those law firms which have embraced legal tech. The above is also true for law firms operating in CEE. The CEE legal market is becoming increasingly competitive due to the influx of new competitors and increased price competition. However, at the same time, conventional CEE law firms are generally inefficient in providing services. Although international law firms develop and use legal tech tools in more developed markets, it appears that the implementation of such tools is lagging in their CEE offices. Language barriers (because AI and machine learnings are primarily developed for use in English-speaking jurisdictions), the size of the markets, and local lawyers’ reluctance to use legal tech tools when providing legal advice seem to be the main reasons for this situation. The reluctance of lawyers to embrace legal tech tools when providing legal services (to be fair, lawyers seem to be curious about the prospects) and the general resistance of conventional CEE law firms to innovate proactively has already opened room for alternative service providers to enter the legal market. Clients want conventional law firms to be more tech-savvy and to be able to provide cross-border advice on the basis of alternative fee arrangements. It seems that the Big Four have recognized this and are muscling in on CEE’s legal markets by embracing technology to provide cost-effective legal services by offering packages that bundle accounting, audit, and legal services for a cut cost. They are using technology to gain a competitive advantage over conventional CEE law firms, and it seems that they are winning. Now, this is a genuine reason for CEE lawyers to be concerned about the future of the legal profession. The Big Four have the financial power, motivation, and presence to make an impact on the CEE legal market. To compete with the Big Four, conventional CEE law firms will have to build a culture that embraces the use of legal tech to be able to deliver faster, better, and cheaper legal services to clients. Conventional CEE law firms and legal departments who adopt legal technology will be well-positioned to deliver services to clients more efficiently and effectively. The improvement of AI will likely decrease the need for human intervention on routine legal work in the future. However, lawyers’ perspective, creative-thinking, and judgment on complex legal work cannot be replicated by technology. Therefore, lawyers will continue to do their job quicker, more accurately, and better by using technology. Gjorgji Georgievski, Managing Partner, ODI Law Macedonia ## Preliminary Matters - 2 Editorial: A Small Share of The World - 4 Guest Editorial: The Future is Now ## Across the Wire - 6 Across The Wire: Featured Deals - 10 Across The Wire: Summary of Deals and Cases - 16 On the Move: New Homes and Friends ## Legal Matters - 20 Legal Matters: The Buzz - 28 Readiness is All: Schoenherr Romania Helps Companies Comply with Competition Authority Guidelines - 30 Marketing Law Firm Marketing: The Biggest Difference - 32 Inside Insight: Interview with Maxim Nikitin, Chief Legal Officer of Atol Group in Russia ## Market Spotlight: Poland - 35 Guest Editorial: What A Wonderful Profession - 36 Saving the Snitch: Increasing Whistle-Blower Protection in Poland - 40 Market Snapshot - 42 Inside Out: The Polish Development Fund’s Acquisition of PESA Bydgoszcs - 46 Expat on the Market: Andrew Kozlowski of CMS ## Experts Review: Competition/Antitrust ## The Lighter Side - 64 Chasing Czech Traces in Foreign Places: JSK Partner Roman Kramarik Makes Solo Flight Around the Globe Sarhegyi and Partners Advise on MKB Bank NPL Portfolio Sale Sarhegyi and Partners advised MKK Zrt. on the acquisition of a non-performing retail mortgage loan portfolio, secured mostly by residential mortgages, from MKB Bank. The face value exceeded EUR 300 million. The transaction consisted of a two-phase auction sale bidding process organized among international and Hungarian institutional players on the NPL market, including banks, investment banks, and loan management firms. HBK Partners advised MKB Bank. Avellum Advises EBRD on Senior Secured Loan to Kyiv Cardboard and Paper Mill Avellum acted as Ukrainian legal counsel to the EBRD in connection with a senior secured loan of up to EUR 10 million, made with the option to increase the loan up to EUR 25 million, to Private Joint-Stock Company Kyiv Cardboard and Paper Mill. According to Avellum, the loan will be partially financed by the Global Environment Facility and will be used by KCPM to boost energy efficiency and reduce CO2 emissions. The project will be one of the first project financing deals to comply with Industrial Emissions Directive 2010/75/EU, Integrated Pollution Prevention and Control. It will essentially create the first production cycle in the country that implements the EU principles of using fewer resources and increases energy efficiency. Overall, the project will reduce KCPM’s annual CO2 emissions by up to 11,000 tonnes. KCPM is part of the Austrian Pulp Mill Holding. In terms of total output, the facility is responsible for approximately 30% of all paper products manufactured in Ukraine. The Avellum team was led by Senior Partner Glib Bondar and included Counsel Maria Tsabal and Associates Orest Franchuk and Anna Mykhalova. Dedeman was founded by entrepreneurs Dragos and Adrian Paval, and PNSA describes it as “the biggest Romanian entrepreneurial company, with a turnover above EUR 1 billion.” The seller was advised by PeliFilip. Wolf Theiss Advises AEW on Sale of Warsaw’s Atrium Tower Wolf Theiss advised AEW on the sale of the Atrium Tower office building in downtown Warsaw to the Vienna Insurance Group. “I’m proud that our firm could play a role in the sale of this building, which contributed so much to Warsaw’s emergence as a business and financial hub during the past two decades. This deal shows that, thanks to its central location, elegant design and quality workmanship, Atrium Tower remains attractive to tenants and investors two decades after its completion.” — Tomasz Stasiak, Partner, Wolf Theiss The Atrium Tower, which was completed in 1998, is part of the Atrium complex in Warsaw’s financial district, one of the first Western-standard office developments in the Polish capital. Atrium was the first PPP project between the City of Warsaw and a private investor, with Skanska acting as both the investor and the general contractor. The complex played a key role in the transformation of the Polish capital’s working-class Wola borough into an office district during Poland’s post-communist economic transformation. The Wolf Theiss team was led by Partner Tomasz Stasiak and included Lawyers Iwona Huryn and Ewa Parczewska. Schoenherr advised the Vienna Insurance Group on the deal. Maravela & Asociatii Advises on Romanian Petfood Producer Sale Maravela & Asociatii assisted a majority shareholder of Romanian petfood producer Nordic Petfood, on the sale of the entire business to United Petfood. The share purchase agreement was signed in mid-August. Nordic Petfood is a Romanian producer and supplier of private labels for modern and specialized retail partners in Romania, with over 40,000 tons of dry food for cats and dogs produced and delivered annually. “It was a pleasure to be in this transaction alongside Nordic Petfood, part of the Nordic Group, the leading Romanian producer of pet food, in terms of both sales and quality. Besides the broad experience of all lawyers involved, the clear objectives of the sellers and decisiveness of the buyer were key factors in making this a smooth and successful transaction.” — Dana Radulescu, Partner, Maravela & Asociatii Belgian group United Petfood, a family business, began operations in 1994. It operates eight factories in Belgium, France, the Netherlands, Spain, and Poland, and it sells in over 40 countries across Europe, as well as in China, Japan, and the US. The Maravela & Asociatii team consisted of Founding Partners Alina Popescu and Gelu Maravela and Partners Dana Radulescu and Razvan Pele. Schoenherr advised United Petfood on the acquisition. Schoenherr Advises Societe Generale on Sale of Bulgarian and Albania Subsidiaries Schoenherr’s Sofia office advised Societe Generale on the sale of subsidiaries SG Expressbank Group, Sogelife Insurance Company, and SG Banka Albania, for over EUR 600 million, to the OTP Bank Group. The deals are expected to complete next year due to regulatory and merger clearance filings in five jurisdictions, with the possibility of an additional Phase II filing. “This major deal takes place in the heavily regulated financial services industry. This requires the intensive involvement and coordination from the regulatory teams on both sides of the table.” — Ilko Stoyanov, Partner, Schoenherr Sofia The Schoenherr team was led by Sofia-based Partner Ilko Stoyanov. Kalo & Associates advised Societe Generale on Albanian elements of the deal. CMS and Jones Day advised the OTP Bank Group. Karanovic & Partners Advises Zijin Mining on RTB Bor Privatization Karanovic & Partners advised Zijin Mining on its successful participation in a privatization procedure that resulted in the company becoming a strategic partner in Serbia’s sole copper complex, RTB Bor. As a result, Zijin Mining pledged to invest USD 1.46 billion in return for a 63% stake. Zijin Mining is a Chinese gold, copper, and non-ferrous metals producer and refiner. “The privatization of RTB Bor is a significant transaction in the Balkan mining sector, and we are delighted to see it move towards completion. We are seeing increasing levels of Chinese investment into Serbia and this emphasizes the trend.” – Milos Vuckovic, Senior Partner, Karanovic & Nikolic RTB Bor is a copper mining and smelting complex located in Bor, Serbia. Copper ore has been excavated and melted for more than 100 years in RTB Bor, and the company contributes 0.8% of Serbia’s GDP. The Karanovic & Partners team was led by Senior Partner Milos Vuckovic and Partner Ivan Nonkovic. \| November 8 \| Istanbul \| \| Marmara Taksim Hotel \| 1st Annual Turkey GC Summit The agenda will include sessions on four broad topics: compliance and corporate governance, data privacy, outsourcing legal services, and career opportunities for GCs. The agenda topics have been developed in close cooperation with in-house counsel to make sure we address the pressing matters of the market. Contact us now for details www.2018turkey-gcsummit.com \| Date covered \| Firms Involved \| Deal/Litigation \| Value \| Country \| \|--------------\|-----------------------------------------------------\|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------\|---------\|------------------\| \| 29-Aug \| CMS; Jones Day; Kalo & Associates; Schoenherr \| CMS acted with lead counsel Jones Day in advising the OTP Bank Group on its acquisition of Societe Generale subsidiaries SG Expressbank Group, Sogelife Insurance Company, and SG Banka Albania, for over EUR 600 million. Schoenherr and Kalo & Associates in Tirana advised Societe Generale on the sale. \| EUR 600 million \| Albania; Bulgaria; Hungary \| \| 27-Aug \| Brandl & Talos; Clifford Chance; Heuking Kuhn Luer Wojtek; Willkie Farr & Gallagher \| Brandl & Talos, Willkie Farr & Gallagher, and Heuking Kuhn Luer Wojtek advised Ring International Holding AG on its acquisition of the BOA Group, a global manufacturers of flexible metal components. Clifford Chance advised the BOA Group on the sale. \| N/A \| Austria \| \| 3-Sep \| Arnold Rechtsanwälte; Eisenberger & Herzog; Fellner Wratzfeld & Partner; Gleiss Lutz; Hadley & McCloy; Milbank, Tweed; Preslmayr; Schoenherr; Urbanek Lind Schmied Reisch; Wolf Theiss \| Eisenberger & Herzog, in cooperation with the London office of Milbank, Tweed, Hadley & McCloy, advised a group of creditors of Steinhoff Holdings’ subsidiary Hemisphere Properties on its sale of Kika/Leiner property assets in Austria and several other CEE countries to the Sigma Group. Steinhoff was counseled by Fellner Wratzfeld & Partner and Gleiss Lutz, and Hemisphere was advised by Clifford Chance and Wolf Theiss. The Sigma Group was advised by Arnold, while Kika/Leiner was represented by Schoenherr, Urbanek Lind Schmied Reisch, and Preslmayr. \| N/A \| Austria \| \| Date covered \| Firms Involved \| Deal/Litigation \| Value \| Country \| \|--------------\|--------------------------------------\|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------\|----------------\|-----------------------\| \| 6-Sep \| Schoenherr \| Schoenherr advised crowdinvesting company CONDA AG on digitalizing the shares and enabled registered shares to be managed via blockchain technology. \| N/A \| Austria \| \| 14-Sep \| Saxinger, Chalupsky & Partners; Vavrovsky Heine Marth \| Vavrovsky Heine Marth advised the Buwog Group on its entrance into a partnership with WIK/IES Immobilien Group to develop the Marina Tower residential building in Vienna. Saxinger, Chalupsky & Partner advised WIK/IES Immobilien Group on the deal. \| N/A \| Austria \| \| 22-Aug \| Sorainen \| Sorainen advised Zubr Capital and the EBRD in their equity investment in the Targetprocess company group, a Belarusian developer of Agile-based project portfolio management systems. \| N/A \| Belarus \| \| \| Sorainen \| Sorainen acted as Belarusian and Lithuanian counsel for the EBRD on its USD 15 million loan to the Modus Group. \| USD 15 million \| Belarus; Lithuania \| \| 28-Aug \| Baker McKenzie; Cobalt; Sorainen \| Sorainen and Baker McKenzie advised Hewlett Packard Enterprise on its agreement to have Swiss-based ALSO Holding run its sales and services business in Lithuania, Ukraine, and Belarus. ALSO was represented by Cobalt. \| N/A \| Belarus; Lithuania; Ukraine \| \| 30-Aug \| DME Law; Kambourov & Partners \| Kambourov & Partners advised PREEMZ on Bulgarian IP law and the U.S.’s DME Law advised PREEMZ on US law regarding ROW8, a consumer premium video on-demand platform. \| N/A \| Bulgaria \| \| 30-Aug \| Weinhold Legal \| Weinhold Legal advised LEEL Electricals on the sale of Janka Engineering s.r.o. to the Ostrava-based Multicraft Group. \| N/A \| Czech Republic \| \| 3-Sep \| KSD Legal; Weinhold Legal \| Weinhold Legal advised Austrian building contractor PORR on its acquisition of all shares in Alpine Bau CZ from PSJ Holding. The seller was represented by KSD Legal. \| N/A \| Czech Republic \| \| 4-Sep \| CEE Attorneys \| CEE Attorneys assisted the founders of the Vnimave Hracky/Toyeto toy stores on a joint venture with an unidentified new investor. \| N/A \| Czech Republic \| \| 31-Aug \| Clifford Chance \| Clifford Chance lawyers from Prague and Warsaw were on the multi-jurisdictional team advising FlaktGroup, a portfolio company of Triton, on the sale of DELBAG, a specialist for air filtration, to Hengst SE. \| N/A \| Czech Republic; Poland \| \| 21-Aug \| Allen & Overy; Kinstellar \| Allen & Overy advised Aegon on the EUR 155 million divestment of its insurance businesses in the Czech Republic and Slovakia to the NN Group. The buyer was advised by Kinstellar. \| EUR 155 million \| Czech Republic; Slovakia \| \| 29-Aug \| Ellex (Raidla); Eversheds Sutherland \| Ellex Raidla advised GrECo JLT, a risk and insurance manager in Central and Eastern Europe, on the acquisition of a stake of over 57% in IIZI Group AS. \| N/A \| Estonia \| \| 31-Aug \| TGS Baltic \| TGS Baltic advised Estonian electricity and gas system operator Elering on agreements worth approximately EUR 60 million for the construction of the Paldiski compressor station, which will serve the Estonia-Finland Balticcrossover gas link, and for the Puiatu compressor station, which will serve the Estonia-Latvia connection. \| EUR 60 million \| Estonia \| \| 6-Sep \| Sorainen \| Sorainen advised the Baltic Horizon Fund on listing its 5-year unsecured bonds on the Nasdaq Baltic Bond List. \| EUR 30 million \| Estonia \| \| 11-Sep \| Ellex (Raidla) \| Ellex Raidla advised AS Infortar, the majority owner of Estonian shipper Tallink Grupp, on the sale of Pirita Spa Hotel to Purje Vara OU. \| N/A \| Estonia \| \| 12-Sep \| Cobalt \| Cobalt Estonia advised Alexela Kuumasinkitys Oy, a subsidiary of Alexela Group, on the acquisition of Finland’s Helon Kuumasinkitys Oy. \| N/A \| Estonia \| \| 13-Sep \| Sorainen \| Sorainen advised the Kaamos Group on the sale of its majority stake in Estonian veneer producer Valmos to Poland’s Paged Group. \| N/A \| Estonia \| \| 24-Aug \| Sorainen \| Sorainen Partner Eva Berlauš was appointed one of the four liquidators of ABLV Bank, following the European Central Bank’s February, 23, 2017 determination that ABLV was failing or likely to fail in accordance with the Single Resolution Mechanism Regulation. \| N/A \| Latvia \| \| 4-Sep \| Ellex (Klavins) \| Ellex Klavins advised Baltic Retail Properties Latvia on its merger with its three subsidiaries, on related reorganizational matters, and on the registration of the resulting changes in relevant public registers. \| N/A \| Latvia \| \| 10-Sep \| Cobalt; Sorainen \| Sorainen advised Medilink, a medicine and laboratory product supplier in Latvia, on the sale of its product distribution businesses – Roche diagnostics solutions and Sysmex haematology solutions – to Roche Latvija. Cobalt advised the buyers. \| N/A \| Latvia \| \| 12-Sep \| Primus \| Primus successfully represented the interests of Latvia’s “I support sports!” sports federation initiative at the meeting of the Sports Sub-Committee of the Parliamentary Commission for Education, Culture, and Science. \| N/A \| Latvia \| \| 14-Sep \| Primus \| Primus represented Novira Capital, an Estonian real estate financing and development company, on its financing of a real estate and company share acquisition in relation to undeveloped property in the central part of Riga. \| N/A \| Latvia \| \| 23-Aug \| Sorainen \| Sorainen advised Mobilieji Mokejimai, a company founded by three competitors in the Lithuanian telecommunications sector – Telia Lietuva, Tele2, and Bite Lietuva – on launching and managing MoQ, the first mobile payment platform in the Baltics. \| N/A \| Lithuania \| \| Date covered \| Firms Involved \| Deal/Litigation \| Value \| Country \| \|--------------\|--------------------------------------\|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------\|-------------\|-------------\| \| 27-Aug \| Tvincs \| Tvincs assisted Domestique Asset Management UAB with its successful application for an asset management company license under the Law on Collective Investment Schemes Designed for Qualified Investors of the Republic of Lithuania. \| N/A \| Lithuania \| \| 29-Aug \| Cobalt \| Cobalt advised the Stemma Group on the sale of 100% of shares in private limited liability companies Vejo Vatas and Vejo Gusis, which operate three wind farms, to Lietuvos Energija. \| N/A \| Lithuania \| \| 31-Aug \| Sorainen \| Sorainen assisted retail footwear chain Batu Kalnas in a case involving the company’s claim that its trademark had been fraudulently used on Instagram to set up a fake Batu Kalnas profile and invite people to become influencers for the footwear brand. \| N/A \| Lithuania \| \| 6-Sep \| Roedl & Partner; Sorainen \| Sorainen advised travel planning tools provider Kayak on the acquisition of a business unit from software development company NFQ Technologies in Lithuania. The seller was represented by Roedl and Partner. \| N/A \| Lithuania \| \| 10-Sep \| Ellex (Valiunas); Schoenherr; Sorainen \| Sorainen and Schoenherr helped the Vienna Insurance Group obtain Lithuanian Competition Council approval for its acquisition of 100% of Seesam Insurance shares from Finnish financial services company OP Financial Group. Ellex Valiunas advised the OP Financial Group on the underlying sale. \| N/A \| Lithuania \| \| 12-Sep \| Cobalt; Deloitte Legal \| Cobalt advised Furniture1, UAB, a company operating in Lithuania under the Balda1.lt trademark, on the sale of 30% of its shares to the Bygghemma Group. The buyers were advised by Deloitte Legal. \| N/A \| Lithuania \| \| 31-Aug \| Dentons; TGS Baltic \| TGS Baltic and Dentons Warsaw advised AUGA group AB and shareholder Baltic Champs Group UAB on implementing a secondary public offering of shares in the company in Lithuania. \| N/A \| Lithuania; Poland \| \| 21-Aug \| Eversheds Sutherland \| Wierzbowski Eversheds Sutherland successfully represented the Polish Association of Construction Employers before Poland’s National Appeal Chamber in a challenge to the award of a public contract by the PKP PLK SA railway company. \| N/A \| Poland \| \| 22-Aug \| Schoenherr; Wolf Theiss \| Wolf Theiss advised AEW on the sale of the Atrium Tower office building in downtown Warsaw to the Vienna Insurance Group. Schoenherr advised the buyers. \| N/A \| Poland \| \| 24-Aug \| Act (BSWW) \| Act BSWW advised Europart International GmbH on its acquisition of the remaining 49% of the shares of Europart Polska S.A. from Vesta Fundusz Inwestycyjny Zamkniety Aktywowy Niepublicznych and Protyl-Serwis 44. \| N/A \| Poland \| \| 24-Aug \| Greenberg Traurig \| Greenberg Traurig advised IREEF on the sale of Crown Square Warsaw PropCosp. z o.o., the owner of Warsaw’s Crown Square office building, to M&A Capital. \| N/A \| Poland \| \| 24-Aug \| Dentons; Linklaters \| Linklaters advised Echo Investment on the forward sale of the Sagittarius Business House building in Wrocław, Poland, to Warburg-HIH Invest Real Estate GmbH. The buyer was represented by Dentons. \| N/A \| Poland \| \| 27-Aug \| Linklaters \| Linklaters advised real estate developer Panattoni on its agreement to build a warehouse project in the build-to-own formula for Intersnack, the German-based owner of brands such as Felix, Crispers, and Przysnacki. \| N/A \| Poland \| \| 28-Aug \| Kwasnicki, Wrobel & Partners; SWW Pragmatic Solutions \| RKKW – Kwasnicki, Wrobel & Partners advised Vippo sp. o.o. on its issuance of bonds on the private debt market. SWW Pragmatic Solutions advised an unidentified investment bank on the deal. \| N/A \| Poland \| \| 3-Sep \| Soltynski Kawecki & Szlezak \| Soltynski Kawecki Szlezaksuccessfully represented Stowarzyszenie Twoja Sprawa in a case brought against the producer of Devil Energy Drink. \| N/A \| Poland \| \| 5-Sep \| Clifford Chance \| Clifford Chance advised CBRE Global Investors on the sale of the Wars Sawa Junior Shopping Center in Warsaw to Atrium Real Estate on behalf of the Property Fund Central and Eastern Europe. \| EUR 300 million \| Poland \| \| 11-Sep \| CMS; Freshfields; PwC Legal \| Freshfields Bruckhaus Deringer advised the XIO Group on the sale of 100% of the shares of Compo Expert GmbH to Grupa Azoty S.A. The buyers were advised by PwC Poland and CMS Germany. \| N/A \| Poland \| \| 13-Sep \| Clifford Chance; Greenberg Traurig \| Greenberg Traurig advised the HB Reavis Group on the sale of two A class office buildings that are part of the Gdanski Business Center complex in the center of Warsaw to Savills Investment Management, acting on behalf of Malaysia’s Employees Provident Fund. \| EUR 200 million \| Poland \| \| 17-Aug \| Popovici Nitu Stoica & Asociatiil \| PNSA advised private healthcare chain Midcover on its acquisition of the Phoenix Medical Center, which has a network of eight medical centers in Southwest Romania. \| N/A \| Romania \| \| 24-Aug \| Tuca Zbarcea & Asociatiil \| Tuca Zbarcea & Asociatiil advised Erste Bank Group on its acquisition of an additional 6.29% shareholding in Banca Comerciala Romana from investment company SIF Oltenia, giving it a 99.88% stake. \| N/A \| Romania \| \| 27-Aug \| Maravela & Asociatiil; Schoenherr \| Maravela & Asociatiil assisted a majority shareholder of Romanian petfood producer Nordic Petfood on the sale of the entire business to United Petfood. Schoenherr advised United Petfood on the acquisition. \| N/A \| Romania \| \| 4-Sep \| Biris Goran \| Biris Goran advised CloudTreats Inc., on the sale of its food delivery platform, hipMenu.ro, to online food-delivery group Delivery Hero. \| N/A \| Romania \| \| Date covered \| Firms Involved \| Deal/Litigation \| Value \| Country \| \|--------------\|-----------------------------------------------------\|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------\|------------------------\|-----------\| \| 22-Aug \| Egorov Puginsky Afanasiev & Partners \| Egorov Puginsky Afanasiev & Partners advised Solntse Mexico and Mission Foods Stupino, the Russian divisions of the Gruma Group, on their restructuring and on obtaining special economic zone resident status with the Ministry of Economic Development of the Russian Federation and other governmental bodies in connection with its investment in a factory in the Moscow Region of Russia. \| N/A \| Russia \| \| 23-Aug \| DLA Piper \| DLA Piper advised Transmashholding, Russia’s largest manufacturer of locomotives and rail equipment, on its joint venture with Japanese industrial conglomerate Hitachi to produce traction inverters for passenger trains in Russia. \| N/A \| Russia \| \| 27-Aug \| DLA Piper \| DLA Piper advised Sberbank on the sale of a 19.99% stake in Verkhnekamsk Potash Company, the operator of the Talitsky Potash Project, to Acron Group, with a simultaneous sale of the same stake back to Sberbank Investments, as VPC equity financing investor. \| N/A \| Russia \| \| 28-Aug \| Baker Botts; DLA Piper \| DLA Piper advised Baring Vostok, a private equity fund investing in Russia/CIS, on its acquisition of a minority stake in Itransition, a Belarusian software solutions developer and IT services provider. The seller, Firestrong Ltd., was represented by Baker Botts. \| N/A \| Russia \| \| 30-Aug \| Egorov Puginsky Afanasiev & Partners; Roschier \| Egorov Puginsky Afanasiev & Partners advised FAM AB on its USD 580 million plus acquisition of the business subdivision of Sandvik Process Systems. Nordic law firm Roschier acted as global counsel for Sandvik. \| USD 580 million \| Russia \| \| 30-Aug \| DLA Piper \| DLA Piper advised Doc+, a Russian digital e-health startup, on a USD 9 million financing from Vostok New Ventures. \| USD 9 million \| Russia \| \| 4-Sep \| Capital Legal Services \| Capital Legal Services advised the Siberian Concession Company on its agreement to build a bridge across the Ob River in Novosibirsk, Russia, for the Government of the Novosibirsk Region and Gazprom. \| N/A \| Russia \| \| 11-Sep \| DLA Piper \| DLA Piper advised Russia’s largest bank, Sberbank, on its joint venture with Rambler Group and several other investors to create Foodplex, a united digital platform for the restaurant market. The stake of Sberbank in the JV will be 35% and Rambler Group will own 30%. Another 35% will be owned by GHP Partners and investors Grigoriy Gurevich and Evgeniy Malakhov. \| N/A \| Russia \| \| 5-Sep \| Karanovic & Partners \| Karanovic & Partners advised Zijin Mining on its successful participation in a privatization procedure that resulted in the company becoming a strategic partner in Serbia’s sole copper complex, RTB Bor. Zijin Mining pledged to invest USD 1.46 billion in return for a 63% stake. \| USD 1.46 billion \| Serbia \| \| 28-Aug \| Allen & Overy; Kinstellar \| Kinstellar advised E.ON on its sale of the Malzenice power plant to Zapadoslovenska Energetika. Allen & Overy advised ZSE on the acquisition. \| N/A \| Slovakia \| \| 24-Aug \| The Esin Attorney Partnership; Gide Loyrette Nouel \| The Esin Attorney Partnership advised Altinyag Kombinalari A.S. and Gurtas Tarim Enerji Yatirimlari San. ve Tic. A.S. in connection with the sale of its production facilities to Sodrujestvo Group S.A. The buyer was advised by Gide Loyrette Nouel. \| N/A \| Turkey \| \| 6-Sep \| Paksoy \| Paksoy advised Migros Ticaret A.S., on its August 31, 2018 merger with Kipa Ticaret A.S. following the July 19, 2018 approval of Turkey’s Capital Markets Board. The resulting company will operate under the Migros brand. \| N/A \| Turkey \| \| 12-Sep \| Cooley; Hogan Lovells; Paksoy \| Paksoy and Hogan Lovells advised Atlassian on its USD 295 million acquisition of Boston-based OpsGenie, a company making technology which enables companies to better plan for and respond to IT service disruptions. Cooley advised OpsGenie CEO and co-founder Berkay Mollamustafaoglu on the sale. \| USD 295 million \| Turkey \| \| 10-Sep \| Delphi; Goktas Attorneys; Karanovic & Partners; Pekin & Bayar \| Karanovic & Partners, Pekin & Bayar, and Sweden’s Delphi law firm advised NIBE Industrier AB on its acquisition of 51% of the EMIN Group. Goktas Attorneys advised Emin Group on the sale. \| N/A \| Turkey; Serbia \| \| 17-Aug \| Asters \| Asters advised the EBRD in connection with its up to USD 3.86 million financing to Energoresurs-Invest Corporation, a provider of insulated steel pipe solutions and manufacturer of wastewater plastic pipes and drainage systems. \| USD 3.86 million \| Ukraine \| \| 20-Aug \| Vasil Kisil & Partners \| Vasil Kisil & Partners successfully represented Rost Agro, one of the largest seed producers and exporters in Ukraine, in a tax dispute. \| UAH 63 million \| Ukraine \| \| 28-Aug \| ANK Law \| ANK Law advised Delta-Wilmar CIS on its agreement to cooperate with the Ukrainian Sea Ports Administration on the construction of a soybean recycling plant and a new terminal for the accumulation and storage of grain cargo and protein meal at the port of Yuzhny. \| N/A \| Ukraine \| \| 3-Sep \| DLA Piper; Engarde; Integrites; Pavlenko Legal Group \| DLA Piper advised Atlantic Agro Holdings and DU1 Holding on the sale of the Kyiv Atlantic Group – a grain, oil seed, and vegetable protein processing agro-holding consisting of Kyiv Atlantic Ukraine, Atlantic Farms, and Atlantic Farms II – to Agrolife and Eridon. Integrites acted as lead legal counsel to one of the sellers. The Pavlenko Legal Group advised both sellers on their acquisition of Atlantic Farms and Atlantic Farms II. Engarde also advised Agrolife on the acquisition of Kyiv Atlantic Ukraine. \| N/A \| Ukraine \| \| 4-Sep \| Kinstellar \| Kinstellar advised the Investment Fund for Developing Countries, an agency of the Government of Denmark, in connection with a secured EUR 5.75 million loan facility to the Kness Group, a Ukrainian engineering, procurement, and construction group of companies. \| EUR 5.75 million \| Ukraine \| \| Date covered \| Firms Involved \| Deal/Litigation \| Value \| Country \| \|--------------\|---------------------------------\|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------\|---------------\|---------\| \| 4-Sep \| Eterna Law \| Eterna Law advised the Modus Group on its investment in the construction of a solar station in Zhytomyr region of Ukraine. \| N/A \| Ukraine \| \| 6-Sep \| Ilyashev & Partners \| Ilyashev & Partners represented PJSC Podilskiy Cement, PJSC Dyckerhoff Cement Ukraine, PJSC Heidelbergcement Ukraine, and PJSC Ivano-Frankivscement in an anti-dumping investigation on imports to Ukraine of Portland cement clinker originating from the Russian Federation, the Republic of Belarus, and the Republic of Moldova. \| N/A \| Ukraine \| \| 7-Sep \| Baker McKenzie \| Baker McKenzie helped a consortium of German banks led by Bayerische Landesbank and DTEK Renewables complete an ECA-backed finance transaction in the Ukrainian renewable energy sector aimed at financing the construction of the first stage of the Primorska wind electric plant in Ukraine. \| N/A \| Ukraine \| \| 11-Sep \| Asters \| Asters advised the EBRD on a USD 15 million loan to the Modern-Expo Group, one of the largest manufacturers and suppliers of fixtures and equipment for retail stores and warehouses in Central and Eastern Europe. \| USD 15 million \| Ukraine \| \| 11-Sep \| Eterna Law \| Eterna Law advised Gamma Solar holding on an investment into the development of a solar power station project in the Vinnytsia Region of Ukraine. \| N/A \| Ukraine \| \| 12-Sep \| Sayenko Kharenko \| Sayenko Kharenko’s international arbitration team helped Safege-Suez Consulting reach an agreement with Ukraine’s National Commission for State Regulation of Energy and Public Utilities regarding the completion of payment for consultancy services provided within the framework of the district heating regulatory reform support program funded by the World Bank. \| EUR 1.2 million \| Ukraine \| \| 12-Sep \| Ilyashev & Partners \| Ilyashev & Partners successfully represented Ukrinterenergo in a dispute with the Russian state-owned CJSC Inter RAO UES regarding the supply of Russian electricity to Ukraine’s Luhansk and Donetsk territories. \| N/A \| Ukraine \| \| 14-Sep \| Dentons; K&L Gates; Sunshine Law; Volkov & Partners \| The London office of K&L Gates advised NBT AS and its Ukrainian subsidiary SyvashEnergoProm LLC on the Syvash Wind Power Project in Ukraine. Nordex Energy GmbH, advised by Dentons, will act as a turbine supplier for the project. Sunshine Law and Volkov & Partners advised engineering, procurement, and construction contractors Power Construction Corporation of China, Ltd. and POWERCHINA Fujian Engineering Co. Ltd. \| N/A \| Ukraine \| \| 14-Sep \| Dentons \| Dentons advised Chris Iacovides and Andri Antoniou, the joint liquidators of Ukraine’s Mriya Agro Holding Public Limited, which is in liquidation in Cyprus, in relation to the company’s successful debt restructuring. \| USD 1.1 billion \| Ukraine \| Full information available at: www.ceelgallegals.com Period Covered: August 17, 2018 - September 14, 2018 DID WE MISS SOMETHING? We’re not perfect; we admit it. If something slipped past us, and if your firm has a deal, hire, promotion, or other piece of news you think we should cover, let us know. Write to us at: [email protected] What do you expect from your law firm? wolftheiss.com Ukraine’s Axon Partners Expands to Kharkiv with Merger Axon Partners, which had existing offices in Kyiv and Lviv, has merged with Kharkiv’s Oksana Kobzar Law Office. Following the merger, Axon Partners has offices in all three Ukrainian cities. According to Dima Gadomsky, CEO of Axon Partners, “our merger has an efficient goal beyond increasing our number of lawyers up to 30 … First, we want to get rid of the boutique style: now we have comprehensive practices of litigation, international taxation, and customs. Second, we are going beyond serving technology and media companies, but keeping our focus on innovation.” He continued: “Tax and litigation practices are red oceans of the legal services market. We had not put them into separate practices earlier for two reasons. The first is that we were not ready to compete with the leaders: the Big-4 and Ukrainian Big Law. Now we are powerful enough to compete with Ukrainian Big Law both externally (rankings) and internally (processes and level of expertise). Therefore, we can add new practices to our strong expertise in tech. The second reason is that usually tax and litigation lawyers get used to the role of a lawyer instead of being broad spectrum business consultants for the client. It’s great luck that we met and teamed up with Oksana.” Finally, Gadomsky said, “it was more our dream than our strategy to have offices in the three largest tech centers of Ukraine. Large IT companies with development offices all over Ukraine will feel more secure with our lawyers nearby.” In addition, he concluded, “even though now we are focusing on big businesses, we will continue helping startups. Just because we’re bigger doesn’t mean we’re not still cool.” By David Stuckey Big Move in Budapest: Squire Patton Boggs Managing Partner Takes Team to Wolf Theiss Former Squire Patton Boggs Hungary Managing Partner Akos Eros has moved to Wolf Theiss Budapest, bringing with him former Squire Patton Boggs Senior Associates Judit Nador and Artur Tamasi and Associate Agnes Budai. According to Squire Patton Boggs Partner Akos Mester, London-based Partner Andrew Wilkinson, who, according to Mester, had been sharing leadership of the Budapest office with Eros since 2015, will take over as sole Managing Partner, with Mester and fellow Budapest-based Partner Judit Kelemen sharing the responsibility for day-to-day administration of the office. Eros, who joined Squire Patton Boggs in 2000 after spending one and a half years at Coopers & Lybrand (now PriceWaterhouse Coopers) and then four years as a National Partner at Arent Fox, specializes in mergers and acquisitions and private equity, MBOs, and other corporate matters. Wolf Theiss reports that, “over the years, he has also advised on some of the most important capital market transactions in Hungary,” and says that “as the former Managing Partner of Squire Patton Boggs in Budapest, his experience, commitment to this profession, existing clientele and business approach will be a perfect complement to the Wolf Theiss team not only in Hungary but also regionally.” The team moving with Eros consists of Judit Nador, who focuses on corporate and employment law, Artur Tamasi, who specializes in commercial litigation, Hungarian and international commercial arbitration, enforcement proceedings, administrative proceedings, and litigious matters involving public law and criminal law, and Agnes Budai, who specializes in corporate/M&A. “It’s a great pleasure for us to join a leading law firm in the CEE/SEE region and to be part of Wolf Theiss’ eminent team,” Akos Eros said. “Working together, we can continue to serve our clients on the highest level and further expand our services and workforce not only in Hungary but also in the region.” Zoltan Faludi, Managing Partner of Wolf Theiss Budapest, expressed similar enthusiasm. “We are looking forward to the new opportunities that the expansion will bring us. We are happy to add the talents of Akos, Judit, Agnes, and Artur to our team in Hungary. They will be a great addition to our highly regarded corporate and dispute resolution practice and their market knowledge will be a great asset for our clients.” “We are delighted to welcome Akos and his team to the firm,” said Erik Steger, Chair and Managing Partner of Wolf Theiss, from his office in Vienna. “Hungary is a key market with exciting opportunities in our regional platform and we have a top-notch team in Hungary. The arrival of this group will be a perfect complement to our existing practice.” At Squire Patton Boggs, Akos Mester insisted that Eros’s departure had caused little disruption. “We all know that Akos’s name had been associated with Squire Sanders and then Squire Patton Boggs in this market for almost twenty years,” he said. “But things change, and over the years he developed a different vision for his future and career goals.” Eros’s departure, Mester reported, “doesn’t affect Squire Patton Boggs or our demonstrated commitment to the Hungarian market. We continue to operate and serve our clients as before.” By David Stuckey Former DLA Piper Poland Managing Partner Opens NGL Legal in Warsaw Former DLA Piper Poland Country Managing Partner Krzysztof Wiater, who left DLA in July of this year, has opened a new law firm in Warsaw: NGL Legal. Wiater, who had been Country Managing Partner at DLA Piper Poland since the firm opened its doors in the country in 2007, will lead the NGL Legal office. He is joined by Partners Magdalena Zwolinska, Grzegorz Godlewski, Maciej Wesołowski, Filip Opoka, and Bartosz Sankiewicz. According to an NGL Legal press release, the firm has “an ambition to become a center of legal services of the new generation in CEE/Baltics and globally, through a network of trusted partners. NGL Legal supports clients with legal and tax advisory combined with substantive knowledge and deep understanding of business consulting as well as selected sectors of the economy. NGL Legal is an open partnership with a team of new generation of experienced lawyers, who actively build expertise matching their individual interests. Idea behind is to develop experts with knowledge beyond legal, ensure lawyers are driven by passion and deliver spot on advice to clients.” According to the NGL Legal press release, the firm’s independence is an asset: “CEE is diversified and quality of service varies, depending on exposure to experiences and breadth of practice. In each of the CEE countries top lawyers from sectors and practices may work with different law firms. Understanding this specific was key to creating our hybrid cooperation model with partners in CEE/Baltics and with global law firms. The idea behind was to offer clients an easy, independent access to top law practitioners, verified in their expertise, which ensures that top lawyers in their fields are working on the case, without limitation of operating under one brand. Cooperation with global partners allows us to support projects with international reach. All our partners operate independently, under their own brand and with direct contact with your team and NGL Legal is an integrator and your single point of contact.” By David Stuckey BGP Litigation Announces New Antimonopoly Practice BGP Litigation has announced the creation of an Antimonopoly law practice, headed by Counsel Irina Akimova. According to BGP Litigation, “establishment of the new department is connected with an increase in relevant business requests due to growing risks related to antimonopoly regulation, and the tendency for growth of Federal Anti-Monopoly Service powers, as well as significant liability for violations.” BGP Litigation reports that the firm’s new department will provide clients with legal support on all key issues of antimonopoly regulation, including the protection of interests during antitrust proceedings and transactions of economic concentration. It will also assist clients with antimonopoly compliance matters and in representing client interests on issues related to unfair competition. “Companies develop when new products are introduced to the market,” said BGP Litigation Partner Dmitry Bazarov. “We constantly follow customer needs and are always ready to change to satisfy their interests better.” Akimova, brought on board to head the new department, has 15 years of experience in the field. According to BGP, she is experienced “in implementing projects involving antimonopoly audits, setting up antimonopoly compliance systems, dealer and distributor relationships, anti-competition agreements, economic concentration, as well as the legislation on trade, advertising, unfair competition, procurement and state defense purchases.” Before joining BGP, Akimova headed Antimonopoly practices at the Art De Lex and Capital Legal Services law firms. Before going into private practice, she worked for the Federal Antimonopoly Service for eight years. By Mayya Kelova Stentors Opens Its Doors in Bratislava Vladimir Kordos, Michal Hulena, and Peter Nestepny have founded a new law firm in Bratislava under the brand name Stentors. According to a Stentors press release, the firm’s “core principles are to maintain a healthy ratio of senior and junior lawyers in each team, to extend existing ties made with international law offices in Europe, USA, and the Middle East, and to draw from previous enriching experiences.” “We are aware of the challenges we face in this competitive market full of exceptionally good law firms,” Kordos said. “However, we at Stentors have only the highest expectations and we want to do law in a more modern style, business friendly, while ensuring the utmost level of professionalism, quality and innovative approach.” Kordos’ areas of expertise are real estate law and M&A. He focuses on construction, corporate, public procurement, compliance, and arbitration. Prior to establishing Stentors, Kordos worked at the Konecna Zacha Law Firm, bnt, and Squire Patton Boggs, as well as in-house with Philips, Lomtee, and Foundation Zrnko. Michal Hulena specializes in corporate/M&A and banking & finance. He is experienced in acquisition projects, represented banks in syndicated financing deals, projects involving leveraged financing and other M&A, real estate, and loan restructuring transactions. He worked at Konecna & Zacha, Ruzicka Csekes in association with CMS, and Konecna & Safar. Peter Nestepny advises on greenfield projects and business ventures, supplier-customer relationships, including public procurement or internal corporate governance in relation to foreign parent companies and their employees. “We highly appreciate our strong ties made with [our] clients,” Nestepny said. “Even though our capacities are growing, the size of our company still allows us to maintain close and personal relations with our clients.” In addition, Nestepny said, “the personal approach is one of our biggest assets. Clients are guaranteed to receive a tailor-made legal service provided to them by well-established lawyers.” By Mayya Kelova ## PARTNER APPOINTMENTS \| Date Covered \| Name \| Practice(s) \| Firm \| Country \| \|--------------\|-----------------\|------------------------------\|-----------------------------\|-----------\| \| 6-Sep \| Michael Froner \| IP/Real Estate \| Fellner Wratzfeld & Partner \| Austria \| \| 5-Sep \| Maris Brizgo \| Corporate/M&A \| Ellex Klavins \| Latvia \| \| 5-Sep \| Valters Diure \| Banking & Finance \| Ellex Klavins \| Latvia \| \| 5-Sep \| Martins Gailis \| Intellectual Property/Competition Law \| Ellex Klavins \| Latvia \| \| 5-Sep \| Irina Kostina \| Dispute Resolution & Employment \| Ellex Klavins \| Latvia \| \| 5-Sep \| Sarmis Spilbergs\| Life Sciences/IT/IP/Communications \| Ellex Klavins \| Latvia \| \| 4-Sep \| Vilius Bernatonis \| Banking & Finance/Energy practice \| TGS Baltic \| Lithuania \| \| 4-Sep \| Marius Matonis \| M&A \| TGS Baltic \| Lithuania \| \| 5-Sep \| Magomed Gasanov \| Dispute Resolution \| Alrud \| Russia \| \| 31-Aug \| Katja Sumah \| Commercial, Civil & Statutory Law \| Miro Senica & Attorneys \| Slovenia \| ## PARTNER MOVES \| Date Covered \| Name \| Practice(s) \| Firm \| Moving From \| Country \| \|--------------\|-----------------\|------------------------------\|-----------------------------\|----------------------\|-----------\| \| 14-Sep \| Sarah Wared \| Corporate/M&A \| Wolf Theiss \| CHSH \| Austria \| \| 11-Sep \| Akos Eros \| Corporate/M&A \| Wolf Theiss \| Squire Patton Boggs \| Hungary \| \| 6-Sep \| Adam Kowalczky \| Dispute Resolution \| Bird & Bird \| PwC Legal \| Poland \| \| 14-Sep \| Irina Akimova \| Competition \| BGP Litigation \| Art De Lex \| Russia \| \| 6-Sep \| Oksana Kobzar \| Tax/Litigation \| Axon Partners \| Oksana Kobzar Law Office \| Ukraine \| ## IN-HOUSE MOVES AND APPOINTMENTS \| Date Covered \| Name \| Company/Firm \| Moving From \| Country \| \|--------------\|-----------------\|----------------------\|------------------------------\|-----------------------\| \| 30-Aug \| Anna Tanova \| CMS \| Bulgarian Broadcasters Association \| Bulgaria \| \| 31-Aug \| Mikhail Dikopolskiy \| Capital Legal Services \| Dentons \| Russia \| \| 11-Sep \| Josef Holzschuster \| Phillips (Country Manager for Hungary) \| Phillips (Head of Legal Affairs for CEE) \| Hungary \| \| 13-Sep \| Nerijus Zaleckas \| Skycop \| Cobalt \| Lithuania \| \| 13-Sep \| Leda Irzikeviciene \| Sorainen \| Nordea Baltics \| Estonia; Latvia; Lithuania \| ## OTHER APPOINTMENTS \| Date Covered \| Name \| Company/Firm \| Appointed To \| Country \| \|--------------\|-----------------\|----------------------\|-----------------------------\|-----------\| \| 6-Sep \| Adela Krbcova \| Peterka & Partners \| Director \| Czech Republic \| \| 6-Sep \| Barbora Urbancova \| Peterka & Partners \| Director \| Czech Republic \| \| 7-Sep \| Bartlomiej Wajda \| CMS \| Head of Transfer Pricing \| Poland \| \| 11-Sep \| Vuk Draskovic \| Bojovic Draskovic Popovic & Partners \| Named Partner \| Serbia \| \| 11-Sep \| Uros Popovic \| Bojovic Draskovic Popovic & Partners \| Named Partner \| Serbia \| Full information available at: www.ceelegalmatters.com Period Covered: August 30, 2018 - September 14, 2018 In “The Buzz” we check in on experts on the legal industry across the 24 jurisdictions of Central and Eastern Europe for updates about professional, political, and legislative developments of significance. Because the interviews are carried out and published on the CEE Legal Matters website on a rolling basis, we’ve marked the dates on which the interviews were originally published. SLOVENIA: AUGUST 28, 2018 Interview with Uros Ilic of ODI The Slovenian business sector and Slovenian law firms are still waiting for the newly-elected parliamentarians to form a government, says Uros Ilic, the Managing Partner of ODI Law in Ljubljana. “In the long run the final form of the government could affect business life,” he says. “Not just because of the different approaches towards the tax system, but also because of the possible approaches towards privatization processes.” “The truth is, I do not expect major changes legislation-wise in either direction for the moment,” Ilic sights. “I just hope they won’t freeze privatization processes, as privatization is perhaps even more connected to the legal part of the business market, because it always brings a lot of work to our tables.” He notes that at the moment it is business opportunities connected to the state that are on hold, with completely private deals less affected. “I haven’t seen any decline in those deals lately,” he says. “Foreign investors are doing business as usual, and they probably don’t even know that we don’t have a government.” Thus, he says, “Slovenian law firms still have some M&A deals, and a couple of NPL attempts, but the large infrastructure and privatization processes are all on hold.” Ultimately, Ilic says, the country’s health system is likely to be the number one priority of the new government. “Right now we have a public-owned system, and obviously the left wing and central powers would like to keep this, so they are trying to inject couple of hundred million euros into the system and keep it as it is,” he explains. “If a right wing party would come up, they would probably put more pressure towards building an alternative health system in Slovenia, which would create more business opportunities.” Ilic calls it “likely” that the new government will be announced in September, but says it’s ultimately difficult to be sure. By Hilda Fleischer LITHUANIA: AUGUST 31, 2018 Interview with Ramunas Audzevicius of Motieka & Audzevicius Ramunas Audzevicius, Partner at Motieka & Audzevicius in Vilnius, claims that things are calm in Lithuania, though he admits there are still issues in various areas affecting business. One such issue Audzevicius highlights is the tax reform approved by the Lithuanian parliament and signed by President Dalia Grybauskaite at the end of June. “The personal tax has changed dramatically in a negative way,” he sighs. “People will be taxed more than they expected.” The reform also involves changes in the employment income tax, raising two personal income tax rates to 20% and 27%. This means income up to 120 times the national average wage – so approximately EUR 107,500 per year – will be taxed at 20%. Income exceeding this threshold will be taxed at 27%, which is the highest rate in Eastern Europe. According to Audzevicius, the change in Lithuania’s personal income tax, which will come into force in January, 2019, was not unexpected, as it had been proposed by the ruling party in the campaign leading up to the October 2016 election. “They promised to implement a progressive tax in the future,” he says. “So they’re fulfilling that promise.” Still, despite its campaign promises, Audzevicius believes the government has failed to provide sufficient justification for making such drastic changes to the tax law. The stated purpose of the new law was to reach a balance between wealthy people and the rest, but he believes the real purpose is simply to collect more revenue, which he describes as: “the easiest way to support the government budget.” In practice, he says, the new tax rate means that, “it will be more difficult to compete for attractive foreign direct investments for Lithuania, which has been the goal of each Lithuanian government after my homeland restored its independence in 1990.” And he’s not alone in his frustration, he says. “There are many debates, commentaries, and a lot of criticism from the opposition parties and the business community regarding this. However, we have what we have.” Although Lithuania is among the most aggressive countries in Eastern Europe on personal taxation rates, it is among the most progressive in the world in blockchain technology regulations. Audzevicius says, “Lithuania is moving to be the leader in FinTech, as suggested by our financial authorities.” And recently the country has made a number of changes to improve its financial technology market, including the issuance by the country’s Ministry of Finance of guidelines for cryptocurrency and initial coin offerings (ICOs). These guidelines provide information about applicable regulations, taxes, accounting, Anti-Money Laundering, and Combating the Financing of Terrorism issues. “This was important for businesses dealing with ICO projects,” he explains, “as the new framework established clearance and a more secure environment for FinTech and blockchain business.” Audzevicius reports that Lithuania’s ICO regulations, which came into force on June 7, 2018, are among the first such in the world. He says, with excitement, “it provides legal certainty for law firms which have never advised on ICOs,” and he believes that the new regulations will help increase the number of ICO deals in the country, thus bringing in more business. Despite the changes in Lithuania’s law and economy, the legal market itself has not changed much recently, Audzevicius says, and he describes himself as positive about its status and growth. By Mayya Kelova BULGARIA: SEPTEMBER 4, 2018 Interview with Stefana Tsekova of Schoenherr “It’s never boring in Bulgaria – we always have some hot topics to handle,” says Stefana Tsekova, Partner at Schoenherr Bulgaria, who reports that on August 10 the country’s trade registry collapsed and remained unavailable for 18 days, causing a “total nightmare for the business sector.” The crash involved the online registry of all Bulgarian companies and Bulgarian branches of foreign companies, and all non-profit legal entities acting in the country. “This site is basically the single source that provides reliable information on companies’ current status, whether they are active, in liquidation, or in insolvency,” Tsekova says. “This platform also tells us the legal representation of a company and provides information on the representative powers.” She explains that any change that happens within a company must be immediately uploaded onto the registry. “If you change the ownership structure, the management, or if there are any changes in companies’ articles of associations, everything must be there.” Because of its vital role in day-to-day business activities, Tsekova says that the crash “created a kind of mass panic in the business and legal sectors,” with representatives of both unable to use the system for basic research, nor use it to register new information or deals. “If someone wants to sign a deal, usually you check who the representative of the counter-party is, and you do that in the online trade register, in order to know if they actually have the power to buy or sign. During the outage, this was also impossible,” she explains. “It was so severe that the Bulgarian Minister of Justice, the Bulgarian National Security Agency, and the prosecutor’s office had to launch an emergency action-plan in order to recover the data from the registry,” Tsekova says. “It truly was a nightmare, especially because in the first days of the collapse, the reasons were unknown to the government as well. Later on, they officially stated that the reason was the burnout of some system discs, but some of the specialists still suspect that it might have been a cyber-attack and there might be some data leakages.” Either way, she reports, the crash has raised a lot of questions about the reliability of the system, and whether all the data was properly recovered. The system was finally reinstalled on Monday, August 27. Still, even now not all functions are back, and Tsekova reports that users are continuing to have problems filing online applications. “Also, while before applications required just three days to be registered, now everything is delayed, and applications are being registered only after one month.” “So what all companies and our clients are doing now, with our help, is checking if the recovered data matches the actual data which we initially submitted in the system,” Tsekova says. “You can imagine that some data in the register is historical, and it is almost impossible to track and check the entire history. It will require huge resources to go over it.” Besides checking and confirming the data of the newly reinstalled registry, Bulgarian law firms are also busy with new regulations coming for the energy sector, she says. “The government just adopted a new law regulating oil-related economical activities in Bulgaria. It was promulgated at the end of July, 2018, and it will become effective as of January 28, 2019.” She explains that the previous regulatory regime for oil-related activities was repealed in Bulgaria almost 30 years ago, with the fall of Communism, and is now being reintroduced to deal Consistent with our mission to be the source of on-the-go news and legal analysis for lawyers across Central and Eastern Europe, CEE Legal Matters has hosted the regional General Counsel Summit every year since 2015. We introduced our first market-specific General Counsel Summit last year in Budapest, which generated overwhelmingly enthusiastic response from the Hungarian market. This year’s Summit will be even better! The Summit consists of series of presentations and panel discussions on subjects of common interest to senior in-house counsel from the region, and serves as a platform for sharing best practices regarding the retaining and management of external counsel, the creation and oversight of efficient and productive in-house legal departments, and staying abreast of current legislative developments, as well as providing a valuable opportunity for networking with peers. Contact us now for details www.2018hugcsummit.ceelegalmatters.com with the so-called “grey sector.” “All oil and oil product companies which are involved in wholesale, retail, storage, transportation, bottling, and distribution-related businesses must be entered into a special publicly-accessible registry maintained by the Ministry of Economy,” she says. “There are smaller companies – shelf companies – that are making some transactions and then liquidating the companies, sometimes avoiding tax and the obligation of the compulsory stock maintenance,” says the Schoenherr Partner, who adds that in Bulgaria all oil companies have to maintain a certain level of compulsory stock in case of a crisis. “Generally, I think it is a positive initiative,” Tsekova says. “The only negative impact could be on small enterprises; the new obligations and restrictions will affect them mostly, as among the requirements is that a minimum threshold of registered capital must be maintained and they must also provide certain guaranties for their businesses to cover taxes and other duties.” She adds that because of these regulations, there were some arguments against the adoption of the law. “Anyway, the law is adopted,” she says, “and it also provides for some serious sanctions. If you do not register, fines could reach up to 125,000 euros, and for repeated violations, the fines will double.” By Hilda Fleischer BOSNIA AND HERZEGOVINA: SEPTEMBER 6, 2018 Interview with Naida Custovic of Law Office Custovic in Cooperation with Wolf Theiss Among the biggest challenges in Bosnia and Herzegovina is attracting foreign investment, says Naida Custovic, Partner at Law Office Custovic in Cooperation with Wolf Theiss. “Our economy relies heavily on foreign investments,” she says. “Unfortunately, our legal system and overall investment climate is not yet satisfactory.” Custovic explains that while the government, most political parties, and the business community identify foreign investment as an important tool for economic growth and as a source of employment and competition in the market, “there is a significant lack of political will to focus on this kind of legislation.” Still, she notes that local associations and agencies that promote foreign investments, such as the Foreign Investor Council, continue to push for legislative changes. In addition, Custovic reports, Bosnia & Herzegovina is continuing to harmonize its legislation with EU requirements, though the legal framework in the country, at the moment, remains unpredictable. In addition, burdensome bureaucracy, problems in debt collection and the judicial system, and problematic tax collection and customs procedures continue to complicate the environment for investors. The lead-up to the country’s upcoming October 7, 2018 general elections is not promising either, Custovic reports. “I think we are leaning towards a more pessimistic view, so there will not be many changes,” she says, though she concedes that, “it is very difficult to predict.” Indeed, she notes that despite the negative outlook, according to statistics the vast majority of investors intend to continue investing in the country. “So it is kind of a paradox,” she smiles. Of course, Custovic reports, Bosnia & Herzegovina is undergoing some positive changes as well – including changes to the banking laws in both the Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS) that came into force in 2017 and 2018 and more recent changes in implementation bylaws that have been adopted by the FBiH Banking Agency and the RS Banking Agency – the competent regulatory bodies. “I think this is one of the most important reforms to legislation that we have had in the last few years,” she says. The new regulations improved the overall banking sector, she reports, particularly by introducing a legal framework for the sale of non-performing loans. “This is something that we did not have before, so this was a completely unregulated kind of market,” she explains. “And now for the first time we have a substantially-regulated NPL market in the country.” She says that the new banking legislation also vastly improved the legal framework for restructuring and rescue of banks in distress. The Bosnian legal market is also about to change, she reports, as a new Advocacy Law has been drafted and circulated among members of the BiH Bar association for improvements. “We hope that many comments will be taken into consideration,” she says, emphasizing the importance of the amended law for law firm operations, and specifically for foreign firms, which currently face various restrictions in their ability to operate in the country. “This is kind of an issue in Bosnia,” she says. “I am hoping that the entire community of attorneys will loosen up and embrace competition that comes locally or from abroad, because anything that raises competition is good.” By Mayya Kelova MOLDOVA: SEPTEMBER 7, 2018 Interview with Vladimir Iurkovski of Schoenherr “This fall Moldova is facing parliamentary elections and so, for the moment, we are just coping with the current political reality and trying to keep a record of all the new legislation – which the Parliament is passing at quite a fast pace,” reports Vladimir Iurkovski, Managing Attorney at Law at Schoenherr Moldova. In Iurkovski’s opinion, this accelerated rhythm may rise from parliamentarians’ fear of not getting reelected in November. “Some laws are actually negative for the existing investor community,” Iurkovski says. “One example that I could give you is connected to the recent changes to the Customs Code. The state basically wants to create special zones on the borders, in addition to the already-existing duty free shops, where operators can retail their products without being subject to taxes. The list of such products will likely be very broad.” He adds that this is likely going to be detrimental to the companies already operating inside the country. “Petroleum companies, for example, will face competition from new operators appearing now in such zones, as petroleum products retailed there will be exempted from VAT and excise tax. It will be like a bigger duty-free area, but besides alcohol and sweets, now you will find petroleum products and other stuff as well.” “Another good example would be the recent changes to our insolvency legislation,” Iurkovski continues. “Until recently the Courts of Appeal was the competent body to examine matters relating to companies’ insolvency. But they have now shifted down the competence to first instance courts, even though the judges there, professionally speaking, are not sufficiently prepared and don’t have the required experience to make these kinds of decisions in an expedited and professional manner.” As a result, he says, “insolvency cases are lasting longer and are more often resulting in deadlock.” However, Iurkovski insists, not all is bleak. “I must also emphasize that some of the recent legislative initiatives are doing good things for the business market and are serving the country’s EU commitments,” he says. Recent changes to the country’s Code of Civil Procedure serve as an example. “The main goal is to expedite the civil processes and to bring the parties to an agreement or judgment in a shorter time,” he says. “They implemented the changes to make sure that there are fewer delaying possibilities from the parties, especially those acting in bad faith.” “The government has also made voluntary dissolution processes easier,” he continues. “If someone wants to close down a business, they can do it in a more transparent and much easier way than one year ago. Back then the tax audit could prolong the process, but now there are clear deadlines in the Tax Code as to when the audit has to be performed, and in absence of such, the dissolution process can continue,” he explains, going on to describe these amendments as definite pro-business changes which will significantly help the activity of local companies. Finally, Iurkovski notes that, this being an election year, the country is seeing the inevitable decrease in the number of deals, as investors are waiting for the new parliament to be elected. As a result, firms are trying to find new clients in this period of stagnation. “Still, from what I see, there are plenty of M&A deals on the market and quite a lot of assistance projects to get the country in line with EU’s acquis.” By Hilda Fleischer RUSSIA: SEPTEMBER 17, 2018 Interview with Stefan Weber of Noerr The announcement that the retirement age in Russia for both men (from 60 to 65) and women (from 55 to 60) will increase by 2028 have led to quite an outcry, says Stefan Weber, Head of Noerr’s Moscow Office, who points to recent demonstrations by protesters across the country. The draft bill, which is expected to be adopted next year, was initially introduced during the 21st FIFA World Cup hosted by Russia this past June. The timing, Weber notes, “may have been intended to minimize the negative focus and energy.” Regardless, he describes the proposed change, in light of the age structure of the population, as ultimately a necessary measure that should have a positive impact on economic growth. Turning from politics to the law, Weber reports that amendments to Russia’s Administrative Offenses Code introduced in the middle of August include a leniency provision on self-reporting for companies with respect to anti-corruption compliance, which never existed before. Just as the country’s antitrust law allows parties who self-report violations to avoid liability, the new Administrative Offenses Code, Weber explains, allows companies to avoid liability for bribery if they self-report to the appropriate law enforcement agency. “This basically encourages companies to report cases of bribery that they discover among their employees,” he explains. “Russia continues to fight corruption in different ways,” he says, and notes that “there are many other examples that illustrate the ongoing efforts to improve the Russian legal and compliance environment.” In this respect he also mentions the enforcement practice of the Russian antitrust authorities, focusing to a large extent on fighting manipulations in tender procedures. According to Weber, this new focus is evidenced by the August 2, 2018 report of the Russian Federal Antimonopoly Service on its activities on anti-competitive agreements in 2017 and the first half of 2018. In the meantime, Weber says, the situation in Russia’s legal market is more-or-less stable, though he refers to possible changes to the country’s bar admission process, including the creation of special exams for qualification, which – at the moment – are not required for the majority of lawyers. Weber notes that, “if the law goes through, lawyers and large law firms, which are mostly not advocates, will have to pass an exam to become licensed advocates.” By Mayya Kelova POLAND: SEPTEMBER 20, 2018 Interview with Karolina Stawowska of Wolf Theiss Among the most acute challenges that Poland is facing at the moment are the well-publicized changes to the country’s court system, says Karolina Stawowska, Partner at Wolf Theiss. The changes include new laws affecting the country’s Supreme Court, such as the replacement of 27 out of 74 judges and a rule requiring judges to retire at 65, which would, among other things, force current Chief Justice Malgorzata Gersdorf to resign. This, combined with the expansion of the Supreme Court to 120 judges, gives the current government the power to appoint almost two-thirds of the judges. However, Stawowska believes the new laws violate the Polish Constitution. “The law says that the position of the Chief Justice is held for six years,” she says, referring to Gersdorf, “and this time has not yet concluded for her.” Indeed, Gersdorf has, so far, refused to step down. Unsurprisingly, certain provisions of the new law are being appealed to the European Court of Justice. In the meantime, the ruling Law and Justice party is pushing the changes forward. According to Stawowska, the situation may result in a lowering of the public’s trust in the country’s judicial system, particularly with regard to rulings made during this period. “If the current government replaces judges and the EU tribunal finds that the changes are illegal,” she says, “it means those court rulings by the new judges might not be binding.” She notes that certainty and consistency in the judicial system are critical for both individuals and businesses. The Law and Justice party has also introduced a new “disciplinary chamber” into the system to initiate disciplinary proceedings against judges, with members of the disciplinary chamber linked to the country’s Ministry of Justice, even though, Stawowska says, “from a legal perspective they are supposed to be selected by an independent body.” “All of the changes have planted fears that judges will lose their independence,” Stawowska says, “because government officials will have the power of the disciplinary chamber.” The Law and Justice party is continuing to reform the country’s Tax Code as well, with a draft law expected to come into effect in January 2019. “While the vast majority of the planned changes are unfortunately painful for taxpayers,” Stawowska says, “I have to admit some of them are favorable.” One such change is the reduction of the corporate income tax rate for small companies to 9%, and another involves an increased regulation of trade in bitcoins. The changes “are currently under discussion and we still don’t know exactly what direction the law will go,” she says, though she notes that “at the same time, the new draft of the personal income tax and corporate income tax laws provide quite a lot of new restrictions and new ways that would eventually lead to an increase of effective tax rates.” By Mayya Kelova Two decades of excellence Tsvetkova Bebov Komarevski is one of the largest Bulgarian full service business law firms with more than 20 years of experience of the key partners. The firm has been continuously ranked as a Top Tier Bulgarian law practice by independent observers such as Chambers & Partners, Legal 500, IFLR 1000. - Commercial transactions - Competition & antitrust - Consumer regulations & retail - Employment - Energy law - Financial services law - capital markets, banking, insurance - Intellectual property - Investment incentives - Life sciences (pharma & food regulations) - M&A / Corporate - Public procurement & concession regulations - Real estate & construction law - Technology, media and telecommunications (TMT) www.tbk.bg 9-11 Maria Louisa Blvd., 1000 Sofia, Bulgaria Romania’s Competition Council is one of the country’s most active and demanding regulatory authorities, with hundreds of sector inquiries and investigations conducted in two decades of activity and significant fines being levied against offenders each year. The powers of the RCC have increased in recent years, as a result of efforts to encourage and protect whistleblowers, new developments in forensic procedures, and cross-border cooperation and action. In addition, the European Commission’s March 22, 2017 proposal to empower national competition authorities is expected to increase the RCC’s reach and efficiency. In this context, companies need to take more care than ever to ensure compliance with Romania’s competition legislation. To help companies do so, in 2017 the RCC published a Guide on Compliance with Competition Rules. To find out what such compliance programs should look like, what the RCC recommends, and how following the RCC’s guidelines can help a company, we reached out to Schoenherr Bucharest Partner Georgiana Badescu, a widely-acknowledged expert in the field, with some questions. CEELM: First, Georgiana, let’s start by reviewing the RCC’s efforts and success rate. How active is the authority, and how often are its challenges to its fines successful? G.B.: Competition challenges in Romania are governed by two levels of jurisdiction: the Bucharest Court of Appeals and the High Court of Justice. Most years there are well over 100 cases pending before the competent courts of jurisdiction. Last year there were 185 cases, in fact – up from 118 in 2010. Statistics show a high success rate in favor of the Romanian authority: its average success rate at the first level of jurisdiction was 90% from 2010-2016, with a drop to 78% in 2017; and an average of 92% at the second level of jurisdiction during the same period, with a drop to 90% in 2017. In 2017, the High Court of Justice upheld sanctioning decisions in full in 55% of the cases; in others, it mostly reduced fines applied through the RCC’s sanctioning decision. Only in rare cases – approximately 10% of the time – did it actually annul the fine. CEELM: What sorts of problems get companies in trouble most often? G.B.: Agreements between competitors (so-called cartels) consisting of price fixing, bid rigging/market sharing, limitations of trade, including those set up via exchanges of commercially sensitive information either directly or through trade associations, for example, are the most problematic and are typically investigated and sanctioned by the RCC. Abuses of dominant position have also been on the authority’s radar for some years now. Recent statistics show that out of 19 new investigations opened by the RCC in 2017, 11 concern potential cartels and five involved abuses of dominant position. CEELM: What do the compliance programs you design and help implement G.B.: I would generally say that an antitrust lawyer’s know-how is an extremely valuable resource in prevention activities, especially in devising or upgrading compliance programs. We have had requests to review existing compliance programs, especially after the publication of the RCC’s Guide. When handling these instructions, we first define the relevant business areas and have discussions with key employees on daily working streams or information exchanges. After that, we can put forward specific and dedicated recommendations, including templates to be safely used in correspondence. By the nature of our job, we are constantly updated with the latest developments in the field, and therefore we can flag very specific areas of concern that are usually overlooked or seen as less important by companies. CEELM: Have any of the companies you’ve worked with experienced dawn raids since? What were the results? G.B.: Yes, we have had a couple of companies that were raided by the RCC, one of them only a few days after a dawn-raid refresher training. I was very impressed by their internal organization, as they followed internal policies by the book: they called us immediately and everyone was alert and aware of the inspectors’ rights during the raid. The process went very smoothly. CEELM: Does improving a compliance program in alignment with the RCC guidelines help a company in any way beyond protecting it from potential RCC penalties or sanctions? G.B.: Since the RCC’s sanctioning regime is gradually becoming more severe, I strongly believe companies should focus on investing in adequate compliance programs that could ideally result in bullet-proof behavior. The recent practice of the RCC shows that a company may be held accountable and fined with a percentage of its entire turnover, even for misdeeds of one or two employees. Beyond this goal, there is also a direct reward for companies: in the event of an investigation, an adequate compliance program can lead to a fine being reduced by up to 10%. It is reasonable to expect that the standards used by the RCC to assess the adequacy of such programs will increase and rely on the RCC’s Guide. Regular trainings are truly important, and mere paperwork ticking all boxes required by the RCC will presumably not be sufficient to secure the highest penalty reduction. CEELM: How long does a typical mandate work in these cases? How long from initial contact to Schoenherr until the primary work is completed? G.B.: This very much depends on the scope of work defined with each client. On average, a typical mandate involving a basic audit of one or two lines of business followed by devising the compliance policy takes between one and a half to three months, as during this time we may exchange several iterations with the client. We have had more extensive mandates of up to six months, but in these cases the audit phase was longer due to the existence of several group companies or lines of business that needed to be assessed. MARKETING LAW FIRM MARKETING: THE BIGGEST DIFFERENCE The news that many of the legal markets in CEE impose stricter rules on law firm advertising and marketing than many of their Western counterparts comes as no surprise. Still, to explore this concept just a bit, for this issue, we asked law firm marketing and BD experts around CEE: “What, in your opinion, is the biggest difference between law firm marketing in your market and law firm marketing in London or New York? The city economies in London and New York are way more competitive and volatile than country economies in the Balkans. This affects the type and quality of our marketing material. While London and NY law firms claim boutique-like qualities and agility, CEE law firms promote their one-stop-shop capacities and stability. Our London colleagues will produce a lot of shorter pieces of writing on a specific topic within a certain sector, while your typical CEE product will include a comprehensive overview of the entire practice area or a sector group. For SEE law firms, Bar-imposed limitation on advertising define our focus on in-bound marketing options and the educational, even scientific, character of our non-client material. Jelena Bosnjak, Business Development & Marketing Manager, CMS Croatia As throughout the world, bigger and more mature law firms with sizeable client portfolios focus more on BD and client technics seeking to both maintain existing and develop new relationships. The Russian business is fairly pragmatic. To qualify for a tender, track record and rankings are often crucial, so we need to demonstrate relevant experience and a client list. For example, here in Russia, it is a must to publish the firm’s client list on its website, with the clients’ consent, of course. In other markets, such disclosure might be inappropriate or prohibited, or even subject to specific laws or rules of the Bar. In an actively evolving and highly competitive market environment, those that demonstrate the greatest creativity and innovation come out on top. So we endeavor to merge the classical marketing and PR tools used by global ILFs with new and unconventional marketing solutions tailored to the local market and focusing on our specific client segments. New technologies, Internet marketing, and social media are all available and used widely here in Russia. We have a dynamic young market and a young client base, where today’s law students might soon be working in-house and choosing a legal counsel. Svetlana Kleimenicheva, Director of Operations and Marketing, Bryan Cave Leighton Paisner (Russia) The US and UK legal markets have over a hundred years of history, whereas the Russian market is, after only 25 years, still relatively young. Its pioneers emerged in the early 1990s and we – Andrey Goltsblat’s team – were among them. We are still operating on the Russian market, now as part of Bryan Cave Leighton Paisner. This is a relatively young and dynamic market, where rigidity has not yet had time to set in. Every year brings change. First of all, many new players are emerging, mostly spin-offs, which is peculiar to the Russian market. In contrast, ILFs are developing through M&A. So the market is very quick-moving, with three to five law firms (including us) invariably top ranked, while the lower leagues change dynamically from year to year. These many small spin-offs grow quite quickly. They tend to have one or two major clients, so need to expand their client base and position themselves on the market. To this end, they focus on building brand awareness using a diverse range of PR and communications tools and investing in sponsorship and advertising. Mate Bende, Managing Partner, Pro/Lawyer Consulting The main difference was the highly regulated legal marketing in CEE. The US and UK markets are way more liberal. The regulations are softening but it’s hard for the partners to implement the business and marketing driven mindset immediately. Also, these conservative markets are not ready for the US type of lawyer-ads as well. In Hungary, almost all of the special prohibitions have been lifted, but only a small group of law firms are using the marketing opportunities in their full potential – probably because the rest did not become used to it in previous decades. The particularly-challenging nature of CEE law firm marketing becomes especially relevant as we bid adieu to a good friend in Bulgaria, who, after more than four years doing law firm marketing and business development with several of Bulgaria’s leading law firms, is leaving the profession altogether. We asked her some final questions on her last day, honoring her request for anonymity in the process. CEELM: First, tell us a bit about your background and how you got into the law firm world. A: I was a project manager at a venture equity company, but I had an applied legal background; I was not a lawyer but I had a great focus on law in my education, and I had prepared many legal documents as a project manager. I was looking for diversity – for something new, for new challenges. I thought at that time the legal industry was very interesting. I thought it would provide a very dynamic environment, working with a lot of people, and a lot of projects. And it was very dynamic. Indeed, I was quickly quite overwhelmed with work. I was the only person in the business development departments at both firms I worked with, which meant all work went through me. Which is very difficult. It was very interesting, of course, and very challenging, because I participated in proposing new working procedures, new challenges, new networking challenges, and new marketing opportunities for the companies. But in terms of the unending submissions, and the frustration of trying to overcome Bulgaria’s bar restrictions, it was very frustrating, and very consuming. CEELM: So why have you decided to move on? A: It was just high time to leave the industry. I became very frustrated. Working with the lawyers was difficult, while trying to maintain my dignity. Of course, I value many of the relationships I was fortunate enough to develop, but whether it’s because of the stress they face, or the particular incentives, or simply the kind of characters that are attracted to the profession, I’m afraid I discovered that many of them are simply not very nice persons. And I’m afraid that non-fee earners are not persons that are much loved at law firms. CEELM: Did you not feel that you were getting enough support? A: With more support I would have been happier, obviously. CEELM: It sounds like you don’t feel that you were given enough respect, ultimately. A: Yes, exactly. That’s the right word. I didn’t feel I was receiving any real respect for the amount of work I was putting in. Still, I don’t want to be too negative. There were many parts of the job I enjoyed a great deal, including online marketing projects, helping develop and implement content strategies, participating in negotiations with clients, and creating/hosting client events. CEELM: So what’s next for you? A: I’ve accepted a position in a whole new industry: telecom. I will be managing telecom infrastructure projects. We wish you the best and the CEE law firm marketing world is the worse for your departure! Maxim Nikitin is the Chief Legal Officer of Atol Group in Russia. He started his career in law in 1998 at Debevoise & Plimpton. In 2001 he moved in-house before returning to private practice in 2011. In 2013 he moved back in-house as Chief Legal Officer with Virgin Connect, before moving to Atol in March of this year. CEELM: When and why did you decide to become a lawyer? M.N.: I am from a lawyer’s family. My parents are both lawyers and apparently I was inspired to continue the family tradition from a young age. As I recall it, choosing my future career path was not a hard decision for me. CEELM: You started your career in law in 1998. How has the market changed since that time? M.N.: The market in Russia has changed dramatically since 1998. In the nineties the law was still in transition from the Soviet regulation to the current one. A lot of new areas of business were appearing, and the legal part was constantly lagging behind the requirements of the market. It was challenging to make a decision amid the lack of regulations because the results could not be predicted from the legal perspective. However, I would say it was an interesting time – and not only for lawyers. CEELM: Who is the one person you learned the most from? M.N.: Wherever I’ve worked so far, I have always found colleagues from whom I could learn. And this is still true. I was perhaps also fortunate to meet and to work with strong professionals. We face new challenges every single day and each one is more difficult than the previous. CEELM: What kind of legal and personal skills are most valuable in your role at Atol Group? M.N.: Risk assessment is the most required competence. Zero-risk solutions simply do not work. A lawyer has to understand business requirements and suggest solutions which prevent negative consequences and allow business to grow. In order to provide the right advice, lawyers must have strong management skills, be attentive to detail, and – at the same time – have a full view of the problem. CEELM: How big is your team? Did you put it together or did it exist before you arrived? M.N.: Before I joined Atol, the company had only one lawyer on board, and that was obviously not sufficient for the business. Now my team consists of four lawyers, plus myself. First, I examined the ongoing business processes in order to find out what bottlenecks were in the processes and what was still needed. After that I defined the areas that needed improvement and decided how big the team should be. Now each team member is assigned to a particular area. I think it is very important to find a balance between people’s specialization in order to better exploit their expertise and ensure some generality of skills to prevent disruptions if a designated lawyer is absent or cannot respond timely by any reason. CEELM: What was the biggest challenge you faced in the last two years? How did you respond to it? M.N.: As a matter of fact, the biggest challenge in my profession is the legislator. The law in Russia is still changing quite rapidly. What I studied twenty years ago at the university became irrelevant quite a long time ago and even what I learned two years ago has lost its relevance. You cannot rely on your own experience and you always have to check what the current legal regulations are. At least, basic legal principles have not changed dramatically and this helps sometimes. CEELM: If you could change one thing about the service you’ve received from external counsel, what would it be? M.N.: The price. But it is utopia, of course, to expect legal advice for no cost. I understand why costs cannot be lower, because the quality cannot be compromised. What I expect from the external counsel is deep involvement in my business, which allows us to receive more professional and relevant advice. CEELM: What’s your favorite tourist destination? Why? M.N.: Usually I prefer active vacations. Lying on a beach with a glass of beer is definitely not my style. I love mountains, so usually, in the summer, we go hiking, in the winter, we go skiing. Fortunately, there are plenty of places to visit on this planet. If not the mountains, then it can be travelling without any exact destination – we just rent a car and go around the country, find nice rural places and observe life as it is. Something that you probably miss if you just visit capitals with their fancy life. Hilda Fleischer In this section: - Guest Editorial: What A Wonderful Profession Page 35 - Saving the Snitch: Increasing Whistle-Blower Protection in Poland Page 36 - Market Snapshot Page 40 - Inside Out: The Polish Development Fund’s Acquisition of PESA Bydgoszcs Page 42 - Expat on the Market: Andrew Kozlowski of CMS Page 46 I love my profession. It has given me the privilege of being a witness to and an active participant in the significant changes which have unfolded in Poland over the last 30 years. I graduated in 1985 when the Polish economy was socialist. Nothing at that time could lead one to realistically expect that the socialist regime would fall in a few years, with Poland becoming a free country. When I went to study in Oxford in 1988, I left a socialist Poland, only to return to a Poland already on its path to a free market economy. Socialist Poland had no corporations, only state-owned enterprises; it had no concept of shares or shareholders. My Oxford studies on company law and employee share ownership proved helpful when I became an expert for the Ownership Transformation Board advising the Prime Minister. I believe that a lawyer needs to develop a thorough understanding of lawyering by taking up various roles and learning the ins and outs of the profession. After graduating, I completed formal judge training, although I never became a judge. I was admitted to practice as a legal counsel. The fifteen years I spent as a faculty member in the Department of Civil and Commercial Law at the Poznan University, including my time working on my PhD dissertation, let me build a toolbox for in-depth legal analysis that is now so important in providing advice. Since the early 1990s, I have advised various corporations or served on their supervisory boards and, in this way, I have developed a good understanding of business and corporate realities. My involvement in numerous governmental projects and work for parliamentary committees has given me insight into the law-making process, which is also of great value. In addition, I appreciate the several years I worked in a law office affiliated with one of the Big Four firms, which was when the word “partner” first appeared on my business card. This deepened my realization that lawyering is a service, and that it is the quality of your business advice that matters, and not how many footnotes or Latin maxims your legal advice contains. Crucially, I recognized that to provide top-quality legal services the lawyer is required to understand the client’s business. That was also when the idea struck me to create a team of energy lawyers, which is the sort of advisory work I have been doing for over 20 years now, and successfully so, if you go by Chambers and Legal500 rankings. More often than not, a good understanding of my clients’ business and the applicable regulatory environments has given me a competitive advantage. For example, it allows me to bring them various opportunities – and, if I am convincing enough, the client usually retains us for implementation. In contrast, increasingly, when a client on its own identifies a need for legal assistance, it can be expected to launch a beauty contest and request proposals from several firms. The last 30 years did not just involve a quantum leap from socialism to capitalism, but also the milestone of Poland’s 2004 accession to the European Union, resulting in wide-ranging changes in all areas of law. Recent times have seen a fundamental change in the relationship between law firms and in-house counsel. In the 1990s and early 2000s, an academic background, a good command of English, and knowledge of EU legislation usually gave law firm partners an edge over in-house lawyers. This is rare now. Corporate legal directors of today typically have an excellent education, speak foreign languages, know EU law, and, importantly, have significant business experience. As a result, General Counsel are increasingly-demanding business partners, especially after the last global financial crisis. Unlike before, they now expect law firms to accept fee budgets or caps and to take risks they previously did not incur. The challenge for law firms is to rise to such increased expectations. As the Managing Partner of a leading Polish law firm, I think the key job for me and my partners is to create opportunities for the best young lawyers who want to work for us and join us in facing the new challenges. My generation knew we had to work very hard to close the gap between the old and the new system as quickly as possible. Today’s legal graduates are millennials with a different view of the work-life balance than we once had. Reason and good will are usually enough to work out any differences. The environment and technological setting for legal services are changing. But, more importantly, the job continues to offer plenty of joy and satisfaction. Jerzy Baehr, Managing Partner, Wiercinski, Kwiecinski, Baehr Against the backdrop of the many significant and at times highly controversial changes being made to Polish law at the moment, the country is close to enacting its first ever serious whistleblower protection laws. What will this protection look like, and what does its passage mean for Poland? THE EUROPEAN BACKGROUND The European Commission defines whistle-blowers as “persons who report (within the organization concerned or to an outside authority) or disclose (to the public) information on a wrongdoing obtained in a work-related context, help prevent damage and detect threat or harm to the public interest that may otherwise remain hidden.” According to the Commission, because “they are often discouraged from reporting their concerns for fear of retaliation … the importance of providing effective whistle-blower protection for safeguarding the public interest is increasingly acknowledged both at the European and international level.” The fear of negative repercussions is not simply theoretical. According to the 2017 Special Eurobarometer 470 Report on Corruption that was requested by the European Commission, Directorate-General for Migration and Home Affairs and coordinated by the Directorate-General for Communication, 81% of European respondents indicated they would not report corruption they experienced or witnessed due to the potential risk of reprisal. Accordingly, and following the recent and highly-publicized Dieselgate, Luxleaks, Panama Papers, and Cambridge Analytica scandals, on April 23, 2018, the European Commission issued a proposal for a new Directive on the Protection of Persons Reporting on Breaches of Union Law, which would establish a comprehensive legal framework for whistle-blower protection. In the meantime, however, and until that framework is officially enacted, the protection of whistle-blowers on a national level in Europe is uneven. Indeed, only ten EU countries – France, Hungary, Ireland, Italy, Lithuania, Malta, Netherlands, Slovakia, Sweden, and the United Kingdom – ensure the full protection of whistle-blowers, with the rest granting only partial protection, usually only in particular sectors such as financial services, transport safety, and environmental protection. Poland is one of these countries. THE UNSATISFACTORY CURRENT SITUATION Currently, provisions in Poland’s Labor Code, Criminal Code, and Code of Criminal Procedure loosely protect the right of whistle-blowers. Under the Polish Labor Code employees are protected from unfair dismissals, and the Code of Criminal Procedure requires witnesses to a crime to notify law enforcement authorities. Nevertheless, although complaints can be filed to the country’s Labor Inspectorate or Human Rights Ombudsman, ultimately Polish law provides little protection for the identity of whistle-blower, and – in the context of unfair dismissals – puts the burden of proof on them to prove that their dismissal was tied to their reporting. In addition, the relevant provisions in the Labor Code and the Code of Criminal Procedure are subject to judicial interpretation, allowing each judge to interpret the rules differently. According to Transparency International’s 2013 Whistleblowing in Europe report, “since the [Polish] provisions are subject to judicial interpretation, it is difficult to predict how a particular judge will apply these general rules to a particular whistle-blower case. This adds yet more subjectivity into an already incomplete whistle-blower framework. Further, judges’ hands are tied by Supreme Court rulings that often do not allow the underlying reasons for an employee’s dismissal to be examined. This means that judges may not consider a whistle-blower’s public interest disclosure.” And part of the problem may be an overall lack of governmental enthusiasm for pursuing corporate crime in the first place. According to Grzegorz Makowski, a Transparency International Partner in Poland and expert at the pro bono IdeaForum think tank of the George Soros-founded Stefan Batory Foundation, statistics on corporate liability law indicate that from 2006 to 2016 there were around 200 cases related to corruption, with only 60 convictions, leading generally to what Makowski calls “ridiculous” fines. Ultimately, the current whistle-blower protection provisions in Poland are widely criticized as being ineffective and badly designed to tackle the real issues whistle-blowers face, even though Poland ratified the United Nations Convention against Corruption in September 15, 2006 and in November 22, 1996 ratified the Convention on the Organization for Economic Co-operation and Development. Whistle-blower rights are also potentially protected under Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights. “The problem is real, because we are not complying with international standards,” Makowski says. Thus, although according to Blueprint for Speech (an NGO that provides research and analysis in support of freedom of expression), public support for whistle-blowers is high, the level of protection they are afforded in Poland, currently, is not. This may soon change. EITHER/OR: TWO DRAFT LAWS CIRCULATE IN PARLIAMENT In recent years, Poland has made several attempts to introduce provisions into legislation addressing whistle-blower protection. Two draft laws currently under consideration by the Polish Parliament reflect different strategies to do so. The first of these, the Transparency in Public Life law, was drafted by the Polish intelligence agencies as a combination of four pieces of legislation (involving lobbying, access to public information, declaration of assets, and whistleblower protection), and includes a provision that guarantees protection against retaliatory actions, such as terminating employment contracts. Although it was initially expected to be enacted in February of this year, push-back has put it on hold for the moment. The second draft law providing whistle-blower protection that is under consideration is the new draft Corporate Liability bill put forward by Poland’s Ministry of Justice in May of this year (with an updated version released in August). Although both the draft Transparency in Public Life law and draft Corporate Liability law address the protection of whistle-blowers, they do so in different ways. The Transparency in Public Life law only applies to crimes involving bribery and/or tax evasion, and ensures protection only for those whistle-blowers whose status is officially acknowledged by a prosecutor. By contrast, the Corporate Liability law would protect whistle-blowers irrespective of public prosecutor involvement, and is not limited to specific offenses. Unlike the Transparency in Public Life law, it also requires that companies address any issues revealed by a whistle-blower, with sanctions levied on those that fail to do so. As both draft bills are still in process, it is not clear which law (if either) will be enacted first. “I can sense an internal competition between these two public officials,” CMS Partner Arkadiusz Korzeniewski says, referring to the sponsors – the Polish Intelligence Agencies and the Ministry of Justice – of both bills. “We will see who is going to win the struggle.” WEIGHING THE PROS AND CONS Many in the Polish legal community are concerned about the provision in the Transparency in Public Life law providing prosecutors with exclusive responsibility for determining who qualifies as a whistle-blower and who does not for purposes of obtaining the law’s protection. “The Transparency rules are very strange, to put it mildly,” Wolf Theiss Partner Jacek Michalski says. “It does not make any sense to define a whistle-blower only when a prosecutor accepts his or her arguments and information.” In addition, the provisions in the Transparency in Public Life law limiting its applicability to specific criminal acts has also drawn some criticism. “The purpose of the whistle-blower provision is to provide tools to protect against offenses or wrongdoings within organizations,” Michalski says, “and these are not always necessarily connected to tax evasion or bribes. There might be other issues that a whistle-blower could report in a given form and format.” But the Corporate Liability law, which grants power to the courts instead of the prosecutor to determine who is and who is not entitled to whistleblower protection, does not escape criticism either. The downside of the draft Corporate Liability law, Grzegorz Makowski claims, is the absence of any protection for whistleblowers who are still employed and seeking ways to use internal mechanisms to report irregularities without getting fired. Makowski says, “It seems they [the lawmakers] would like to create incentives for employees to report on their employers without offering them any protection.” Baker McKenzie Partner Radoslaw Nozykowski is more optimistic. Speaking about both bills, he notes, “to a certain extent, it is a step in a good direction, because the previous law was not very effective, and certain changes were needed.” And he describes the draft Corporate Liability law in particular as “kind of an umbrella legislation, because it covers reporting on any kind of crime.” Still, Nozykowski says, “I do believe that this draft needs serious work. It is a good start, but it definitely needs to be drafted much more carefully.” Ultimately, many believe that both of the attempts to address the issue are insufficient, and that a full and separate act is needed, providing real protection to whistle-blowers in all appropriate situations. To this end, Makowski reports, two years ago the Polish Ministry of Justice initiated consultation on the possibility of combining all whistle-blower protections into one act. The proposal received a positive response at the time, he says, but the idea was dropped at a later stage for undefined reasons. Subsequently, his organization – the Batory Foundation – working alongside Poland’s Labor Union and Trade Union, drafted a new law on whistle-blower protection at the end of 2017. Although Makowski reports that the Batory Foundation’s umbrella proposal was supported by Poland’s Central Anticorruption Bureau, at the moment it appears the draft bill on Transparency in Public Life is receiving more support in the government. Makowski insists that he and his colleagues are not discouraged. “We think this is a window of opportunity. It will be difficult to ignore our proposed law totally,” he says, “and we will advocate for this bill until next year’s parliamentary election.” CMS’s Arkadiusz Korzeniewski agrees that umbrella protection is needed, and that merely protecting whistle-blowers from having their employment terminated is not enough, as whistle-blowers to significant violations are rarely interested in continuing their employment with notorious employers anyway. “The current EU system leaves a lot of space for domestic legislation, and thus, when it comes to general principals, both [of Poland’s draft] laws are definitely steps in the right direction. But the mere fact that this person blew the whistle means his or her professional career is over, because this person will not be able to get any job in her or his profession, because no one wants to have a person like this. So no matter what is written in legislation prohibiting discrimination and retaliation, this will not be enough.” Korzeniewski concedes that he is unimpressed with the current proposals circulating in the Polish parliament. “I doubt this very rudimentary measure of protection would be sufficient for making whistle-blowing a more effective measure of combating corruption fraud or other law violations done in companies.” Ultimately, he says with a sigh, some aspects of the problem may be beyond the reach of legislation anyway, making a full protection of whistle-blowers impossible. CONCLUSION Few would challenge the notion that protecting those who report on crime and ethical violations in the workplace deserve from retribution will encourage them to step forward, providing valuable assistance to authorities in their ongoing attempts to identify and prosecute bad actors. The best way to do so, however, remains a subject of great debate. Poland is attempting to solve this riddle. Mayya Kelova The commercial real estate market in Poland continues to be on a growth path. In 2017, the market recorded high demand in all major asset classes, breaking records in the hotel and warehouse sectors. The total value of transactions is growing consistently, and in 2017 it reached EUR 5.1 billion – the highest level in the history of the Polish market. This figure can be attributed to several factors. The relatively high absorption of this market and the relatively high rates of return on investments in commercial real estate in Poland seem to be the most important. Analysis shows that in most cases there is an increase in demand calculated on a year-on-year basis. This provides a significant incentive for developer activity. Indeed, the rate of return yielded from investments in commercial real estate in Poland is higher than in Western Europe, making it especially attractive to international investors. In addition, investments in real estate are still an attractive way of investing capital in macroeconomic terms, in light of the stable and relatively high growth rate of the Polish economy. Poland seems to be perceived as a recognized real estate market, gradually reaching the status of a mature market, due to the increasing liquidity and diversity of investment products and the growing number of investors. In terms of sectors, the greatest activity is happening in the office and warehouse markets. Currently, there are over 1.8 million square meters of modern office space under construction in Poland. Most projects are being implemented in Warsaw, and among regional cities, the construction boom is most visible in Krakow and Wrocław. At the end of December last year, over 1.3 million square meters of warehouse space were under construction in Poland, providing a record supply of 2.3 million square meters of modern warehouse space. In both the office and warehouse markets, 2017 was also record-breaking in terms of space leased. As a result, the vacancy rate fell to an almost unnoticeable level. This trend is also visible in the hotel market. Developers are not slowing down, which leads to record-breaking demand for land in Warsaw and regional cities. Some developers have secured land banks that allow them to take advantage of the market boom, but others are facing a significant increase in land prices, especially in relation to land intended for housing development. Available land which is well-prepared in technical and legal terms and is in a good location is rare. In the office market, the alternative is to look for land in places typical of B class office buildings, as well as investments in dynamically growing regional markets, even in such promising new locations as Łódź and Szczecin. The role of the BPO/SSC external services market should be noted as an important factor stimulating office investments, and the BPO/SSC sector will continue to be one of the key sectors affecting the situation in the office real estate market in Poland. Attention should also be drawn to the growing importance of the co-working services sector. It seems that the market is confident that such offers are an attractive and developing product for entities from other sectors of the economy. As such, the providers of co-working services fill the gap between the expectations of the traditional commercial real estate market and the pressure on flexibility on other lines of business. Significantly, among the factors stimulating growth on the commercial real estate market, the legal environment is not mentioned. On the contrary, the instability of the law on business practices and the increase of new regulations operate as a brake on the development of this market, as business expects durable solutions in the field of spatial planning and the construction process. As persistent ills, there are also ownership issues resulting from the lack of uniform rules for the re-privatization of land. Thus, there are many challenges for the legislator and for legal practitioners seeking to contribute to the development of the commercial real estate sector in Poland. By Mateusz Grabiec, Partner, Baker McKenzie AMENDMENTS TO POLISH TRANSFER PRICING REGULATIONS IN 2017 AND 2018 Significant changes have been made to Polish transfer pricing regulations in recent years. New legislation, adopted in 2017, introduced a three-tiered approach to transfer pricing documentation consisting of: (1) local file, (2) master file, and (3) country-by-country reporting. Poland was one of the first countries to introduce the changes recommended by the OECD in BEPS (Action 13). Furthermore, beginning in 2018, a limitation on intra-group services (such as advisory, market research, marketing, management and supervision, data processing, insurance, guarantees, etc.) and licences between related parties that could be treated as tax-deductible was introduced in Poland. New regulations allow taxpayers to deduct up to 5% EBITDA above an annual threshold of PLN 3 million. However, the Polish Ministry of Finance plans to raise the limit up to 10% of EBITDA in 2019. More expenses on intra-group services might be recognized as tax-deductible costs only if confirmed by the Advance Pricing Agreement negotiated with the Polish authorities. New Draft Rules on Transfer Pricing In August 2018, and before taxpayers even had time to get used to the new regulations, the Polish Ministry of Finance published draft rules representing revolutionary changes in the area of transfer pricing. The main goal of the draft rules is to ease the compliance burden for taxpayers and ensure greater consistency of local transfer pricing documentation regulations with OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. However, some of the proposed regulations, such as one allowing the tax authorities to re-characterize or not recognize transactions between related parties, may pose some risk for taxpayers. Moreover, the new bill does not change some elements which have been problematic for taxpayers. For example, benchmarking studies are still required to contain Polish comparables (however, this requirement is expected to be changed by decrees attached to the new bill). In addition, there are no plans to extend the seven-day deadline for taxpayers to submit tax documentation after receiving the tax authorities’ request. Tax Authorities’ Approach to Transfer Pricing Tax authorities have, it seems, become particularly interested in transfer pricing in recent years during their discussions with taxpayers. At the same time, they have become more open to dialogue with taxpayers and to pursuing positive initiatives in respect of transfer pricing regulations. For instance, they have created the Transfer Pricing Forum – a discussion platform between the tax administration and business. In terms of tax audits, Polish tax authorities have increased the effectiveness of their efforts by doing more preparatory analysis in advance, using statistical tools (like the Quick Analytics TP and Orbis databases, CIT-TP declaration, and SAF-T), and implementing data mining processes before initiating formal audits. These analyses may be triggered by, for instance, a decrease in profits or low profitability, deviations from the profitability level in the industry, or low income in relation to the capital employed. According to statistics, in 2017 the Ministry of Finance initiated over 150 audits and proceedings in the field of transfer pricing and aggressive tax optimization, involving the understatement of tax liabilities amounting to PLN 635 million and a PLN 1.3 billion tax loss reduction. Transactions of special concern for the Polish tax authorities include: (i) intangible services and licences; (ii) loans and guarantees; (iii) business restructuring; and (iv) profit allocation to permanent establishment. To sum up, transfer pricing is becoming an increasingly important area of tax law in Poland. This trend is clearly highlighted by the fact that despite a major amendment to the transfer pricing rules in 2017, the Ministry of Finance is already preparing more significant changes for 2019. By Andrzej Posniak, Partner, and Bartlomiej Wajda, Counsel, CMS The Deal: In July 2018, CEE Legal Matters reported that the Warsaw office of Linklaters had advised Polish rolling stock manufacturer PESA Bydgoszcz and its shareholders on the sale of 100% of the company to the Polish Development Fund. Weil, Gotshal & Manges advised the Polish Development Fund on the acquisition. We reached out to both firms for more information. The Players: - Counsel for PESA Bydgoszcz: Marcin Schulz, Partner, Linklaters - Counsel for the Polish Development Fund (PFR): Pawel Zdort, Partner, and Jakub Zagrajek, Senior Associate, Weil Gotshal & Manges CEELM: Marcin, how did you and Linklaters become involved with PESA Bydgoszcz in this matter? How were you selected as external counsel initially, and when was that? M.S.: We became the advisor to PESA Bydgoszcz and its shareholders back in October 2017. Initially our relationship began with our involvement in a litigation matter, followed by refinancing discussions, which eventually morphed into Linklaters becoming the exclusive advisor on all matters relating to the refinancing of PESA Bydgoszcz’s loan facilities and the sale process to PFR. CEELM: What about you, Pawel? How did you and Weil become involved with Polish Development Fund in this matter? P.Z.: We have known certain members of the Polish Development Fund investment team for quite some time – they are esteemed professionals with an established presence in the Warsaw investment community. Jakub and I first encountered PFR’s team while working for UniCredit in connection with the disposal of its stake in Bank Pekao – the largest M&A transaction in the Polish market signed in 2016, when we sat on opposite sides of the negotiating table. PFR subsequently retained us in connection with the PESA transaction (in October 2017) and certain other deals. This type of business generation is the most satisfying for us as lawyers since it proves to us that our performance and dedication are noted and appreciated by all of the parties to a transaction, particularly as PFR always selects its legal counsel in an auction process where several law firms compete with each other for a mandate. CEELM: And what was your initial mandate when you were first retained for this particular project? P.Z.: Our initial mandate encompassed all key aspects of the potential transaction, including structuring, due diligence, and antitrust issues, as well as negotiations of the transaction documents. CEELM: Who were the members of your teams, and what were their individual responsibilities? M.S.: It was a true team effort. Jarek Miller, Head of our Banking & Finance Practice, supported by Agata Brzozek, advised PESA on all refinancing-related matters in the process. I and Szymon Renkiewicz, supported by Klaudia Krolak, Jakub Wozniak, and Ewa Szmigiel ska took the lead on the sale process itself. We also engaged Malgorzata Szwaj, Head of our Competition/Antitrust Practice, and Wojciech Podlasin, in relation to advising the client on merger control and related issues. The financial advisor was Deloitte (Zbigniew Majtyka and Wojciech Labus). P.Z.: I was the relationship partner on the deal and Jakub was responsible for the day-to-day work on the transaction, with the support of Michal Milewski, an Our aim was to help the company and its shareholders both to overcome these problems and to secure the engagement of a stable investor who could build on the incredible potential offered by the company, built over many years. From a structural point of view, this transaction combined refinancing with the sale to PFR as the investor of 100% of shares in PESA Holding, which in turn controls PESA Bydgoszcz. The transaction is conditional and we expect closing to take place in September. J.Z.: In accordance with the investment agreement signed on July 16, 2018, PFR’s investment in PESA encompasses two elements: the acquisition by an investment fund managed by PFR of all of the shares in PESA Holding (a limited liability company holding approximately 99% of the shares in PESA) from the current shareholders (i.e. the founders and certain former management board members of PESA); and a PLN 300 million investment in PESA by that PFR-managed investment fund. The structure of the transaction changed during the course of the negotiations. The initial discussions envisaged that the sellers would retain a certain stake in PESA Holding and that a shareholders’ agreement would set out the principles of governance, exit, etc. However, the deal structure that was finally agreed was an outright sale of the entire stake in the target company, with the sellers being entitled to certain earn-out payments if particular conditions are met in the future. CEELM: What would you describe as the most challenging or frustrating part of the process? Why? M.S.: The key challenge in the transaction was its complexity and the need to align the interests of different parties involved in the process. J.Z.: The final stages of the negotiations overlapped with the 2018 World Cup in Russia, which meant that aligning the availability of all of the parties involved was extremely difficult, this despite the fact that not all legal advisors are all that interested in football. P.Z.: In all seriousness, I believe that the most challenging aspect of the transaction was aligning the results of the discussions of the financial team (involved in the discussions with the financing banks and insurance companies) and the transactional team. CEELM: Was there any part of the process that was unusually or unexpectedly smooth/easy? M.S.: Let me say that we enjoy getting involved in complicated transactions with plenty of challenges. This has certainly been one of those transactions. P.Z.: Our antitrust team managed to ensure that the antitrust clearance from Poland’s Office of Competition and Consumer Protection was obtained prior to the execution of the investment agreement – in fact very soon after the filing of the relevant application. This allowed us to slightly simplify the transaction structure just before signing the deal. CEELM: Did the final result match your initial mandate, or did it change/transform somehow from what was initially anticipated? M.S.: Speaking from experience, I don’t think there has been any transaction where the final result fully matched the initial mandate, so obviously there were certain changes as we went down the transaction road map. For a number of valid reasons, the structure of the transaction had to be re-shaped more than once but we are quite happy with the final result. P.Z.: Our final mandate was extended so as to also cover the provision of assistance to PFR in connection with the discussions with the financing banks as well as transactional tax advice. CEELM: What individuals at PESA Bydgoszcz directed you, and how would you describe your working relationship with them? M.S.: Our roles were multiple and we had to consider the interests of PESA Bydgoszcz and its shareholders alike. We worked with all of the seven shareholders controlling PESA Bydgoszcz as well as with the Management and the Legal Team at PESA Bydgoszcz. The longer the project took, the closer the co-operation became, and I am confident when I say we won the trust of our clients. CEELM: What about you, Pawel and Jakub? Which individuals at PFR directed you, and how would you describe your working relationship with them? J.Z.: The PFR team was led by Marcin Piasecki, the Vice-President of PFR. The investment team of PFR consisted of Adam Brulinski, Grzegorz Stepinski, and Sebastian Marchel. The legal aspects of the deal were managed by Joanna Blaszczyk, head of PFR’s legal team responsible for investments. PFR is a demanding client and the members of its team come from various backgrounds and have strong transactional experience. PFR did not even retain a financial advisor in connection with the transaction and handled the transaction internally. The PFR team members worked very closely with their legal advisor and are just as familiar with every bit and piece of the investment agreement as we are. CEELM: How would you describe the working relationship with your counterparts at Weil on the deal? M.S.: The complexity of the transaction was a challenge to all advisors alike. To properly respond to the challenge, we had to build a solid, collegial working relationship with our peers across the table. I enjoyed working with colleagues from Weil and strongly believe that together, we helped to advance the deal and avoid a number of pitfalls. I trust that Pawel, Jakub, and Michal would co-sign my assessment. CEELM: Is that right, Jakub? What was your relationship with your counterparts at Linklaters like? J.Z.: I would describe it as very smooth. Linklaters’ team was led by Marcin Schulz, a pragmatic and experienced M&A lawyer. It was very important for us that PESA retain an established legal advisor with sufficient experience to handle such a complex transaction. Based on our experience with sellers of a business who are individuals – in particular company founders or former management – Marcin needed to participate in long and demanding discussions with PESA’s sellers in order to ensure that their respective positions were aligned. CEELM: How would you each describe the significance of the deal? M.S.: The Polish Development Fund is a strategic company belonging to Poland’s State Treasury, serving the long-term development of Poland’s investment and economic potential. In March 2018, it was reported that the PFR would be directly involved in PESA. The financial problems of the Bydgoszcz producer, stemming from delays in the implementation of contracts towards the tail-end of the EU funding period (2007-2013), as well as a lack of new orders after the end of the EU funding period, were already widely known at that time. Following this transaction, the PFR Group became the largest player on the domestic rail market and is key to the greater strategy of transforming PESA into the biggest rolling stock producer in Poland. The investment in PESA Bydgoszcz entails a change in the company’s market strategy. Thanks to this transaction, PESA will obtain the necessary funds needed to finance and implement its strategic objectives. P.Z.: As PFR stated in its press release, the investment in PESA Bydgoszcz entails a change in the company’s market strategy. PESA plans to optimize production by improving management and quality control standards, as well as producing longer series. It will selectively choose new contracts. The new strategy assumes the intensification of development in foreign markets such as Italy, Germany, the Czech Republic, and Romania. We take great pride, both collectively as Weil and as individuals, in having advised PFR in connection with this unique business opportunity. We hope that the final result of the transaction will be that in a couple of years it will become quite standard to jump on a PESA train or tram not only in Poland, but in other European countries. #lawyers #realestate #expertise XLNC FOUNDING MEMBER Szécsényi és Társai Ügyvédi Társulás H-1024 Budapest, Buday László u. 12. Phone: & 36 I 345 45 35 Fax: & 36 I 345 45 43 Email: [email protected] For more information on our practice and services please visit us at: www.szeesenyi.com. Andrew Kozlowski is Counsel (and former Managing Partner) at CMS in Warsaw, where he specializes in energy and project finance, corporate/M&A, privatizations, and international capital markets. He has been involved in numerous infrastructure projects in Poland and across CEE and various project finance transactions in the energy and transportation sectors, from motorways, railways, and waste, to energy utilities. CEELM: Run us through your background, and how you ended up in your current role with CMS. A.K.: I am a graduate of the University of San Diego Schools of Business and School of Law and a member of the California Bar. Prior to moving to Poland in March 1992 I practiced law in a San Diego-based law firm focusing on cross-border M&A and real estate transactions. In 1990 and 1991 I made numerous business trips to Poland advising clients on cross-border transactions between the US and Poland. During one of my stays in Poland I was asked by the Polish Minister of Finance to move to Poland and become one of his foreign legal advisers thru a program financed by the World Bank. In that capacity I advised Ministry officials on numerous international transactions. I joined the Warsaw office of CMS in January 1995 as its managing partner with the mission to quickly expand the office – which at that time consisted of one Polish lawyer. By the end of 1995 the office had ten Polish lawyers and a fee income of 2 million euros. In 1996 I convinced Stephen Shone and Pawel Debowski and their real estate team to join CMS. As a result, the office doubled to 20 lawyers. In 1998 I convinced Dariusz Mioduski, Andrzej Blach, and Tomasz Minkiewicz and their entire energy and infrastructure team to join us from White & Case. By the end of 1998 the Warsaw office had over 40 lawyers and was one of the largest law firms in Poland. Over the next 20 years we organically grew to over 140 lawyers in Warsaw and Poznan. In 2009 the firm asked me to become the practice group manager for the entire CEE region in addition to continuing to be the managing partner of the Polish practice. As a consequence, I virtually had no time to perform legal work, which was my true passion. In Spring 2016 I transferred all my management responsibilities to younger partners. This allowed me to focus full time on developing transactions for CMS clients resulting in new legal instructions for our partners. CEELM: Was it always your goal to work abroad? A.K.: It was never my goal to work and live abroad, although most of my work related to cross-border transactions. It was really my work at the Polish Ministry of Finance in 1992 which convinced me that CEE offered a tremendous opportunity to a then-young lawyer with international transactional expertise. My fluency in the Polish language was also a big factor. CEELM: Tell us briefly about your practice, and how you built it up over the years. A.K.: My practice currently concentrates on infrastructure finance, which is quickly spilling over to real estate development as the boundaries between the two are becoming less defined. In 2009, when I became the practice group manager for the CEE region I transferred most of my client responsibilities to younger partners, as I had to devote most of my time to managing the Warsaw office and the CEE region – which at that time totalled During the past two years, having relinquished all my management responsibilities, I have been concentrating on developing infrastructure and real estate development projects for CMS clients. My focus is to help clients structure transactions at a very early stage leading up to signing the term sheet. At that point my Polish colleagues take the lead in drafting documents. During the document negotiation phase I assist on a more high-level basis, concentrating on developing legal solutions to major deal-breakers. I feel that my present role is the high point of my career as I am confident that I am adding real value to clients in helping them develop new projects and overcome obstacles leading to their successful completion. CEELM: How would clients describe your style? A.K.: Deal maker vs. deal breaker. Our role as lawyers is to advise clients on the legal risks in a certain transaction and to minimize the chance of later disputes leading to litigation. Many lawyers have a tendency to provide clients with a litany of risks resulting in the transaction not completing. Since every business transaction is riddled with risks it is our job to provide our clients with a commercial perspective on their impact to the them so that they can take a view on whether or not to assume the risks. CEELM: There are obviously many differences between the Polish and American judicial systems and legal markets. What idiosyncrasies or differences stand out the most? A.K.: The main difference is in the litigation context. In the US once a dispute goes to trial there is a resolution within a matter of weeks. In Poland courts schedule one-day trials in three to six month intervals, resulting in court proceedings lasting up to seven years. This provides a lot of uncertainty to clients and is inefficient from the judges’ perspective, as they are required to read files multiple times. The overhaul of the entire court system which is currently being attempted by the current Polish Government is long overdue. CEELM: How about the cultures? What differences strike you as most resonant and significant? A.K.: I think the biggest difference is that in Poland families are much more close-knit. Parents tend to help their children even after they graduate from college. Children tend to take a more active role in tending to elder parents. Also, the role of the Church is much more prominent than in the US. CEELM: What particular value do you think a senior expatriate lawyer in your role adds – both to a firm and to its clients? A.K.: I think our experience in structuring transactions in different legal systems enables us to develop creative solutions to legal obstacles. Many times, my role is to be the strategic adviser to the client, which goes beyond pure legal advice. Furthermore, because of our network of contacts we are able to affect introductions to clients who can provide sources of financing or other types of expertise. CEELM: Outside of Poland, which CEE country do you enjoy visiting the most, and why? A.K.: The Czech Republic, because of its capital Prague, which I think is the most beautiful city in Europe, full of history and beautiful architecture. CEELM: What’s your favorite place to take visitors in Warsaw? A.K.: Lazienki Palace and Park, the former palace of Polish kings. The park is in the middle of Warsaw and is breathtaking for its size and natural beauty. The Experts Review spotlight descends on Competition/Antitrust this time around. And the articles are ranked, as suggested by CEELM Staff Writer Mayya Kelova, in order of national alcohol consumption (from 2010 data). Why? We don’t ask. And, in a development that will shock approximately none of our readers, it turns out we have found a ranking in which not just European, but Central and Eastern European countries, dominate. Thus, the article from Belarus comes first not simply because Belarussians drink more than anyone else in CEE, but because, at 17.6 liters per capita per year, they drink more than anyone else in the world. There are no articles from the countries ranked second and third in the world (Moldova and Lithuania), but Russia picks up the baton at number four (admit it: you thought they’d be first, didn’t you?) (Unsurprisingly, Bosnia & Herzegovina, where inhabitants drink only 7.1 liters per year, is the driest country in CEE). In This Section: - Belarus (1st overall): 17.6 - Russia (4th): 15.1 - Romania (5th): 14.4 - Ukraine (6th): 13.9 - Hungary (8th): 13.3 - Czech Republic (9th): 13 - Slovakia (10th): 13 - Serbia (12th): 12.6 - Poland (13th): 12.5 - Croatia (20th): 12.2 - Slovenia (24th): 11.6 - Bulgaria (27th): 11.4 - Austria (35th): 10.3 - Montenegro (55th): 8.7 New Law on Competition: What Has Changed for Foreign Companies in the Belarusian Market? As part of comprehensive change in the Belarusian legal sphere, a new edition of the country’s “On Contradiction of Monopolistic Activity and Development of Competition” law (the “Competition Law”) entered into force on August 3, 2018. The Competition Law sets out new rules designed to ensure conditions for fair competition and to create new markets and enable their development apply to Belarusian and foreign companies doing business in Belarus. What are the most significant changes and opportunities companies should be aware of? Extended Definition of Economic Concentration and Criteria for Obtaining a Permit Earlier, Belarusian legislation stipulated a limited number of cases when the prior approval of the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus (MART) was required (primarily matters regarding share and stock transactions, mergers and acquisitions, the founding of companies in certain cases, and the registration of holding companies). This approach, however, failed to correspond to foreign practice and contradicted the regulations of many other jurisdictions. Under the Competition Law the rules for merger clearance (where the relevant threshold criteria have been exceeded) have been amended relating to: (1) the acquisition of property located in Belarus which is related to main assets and/or intangible assets valued at more than 20 percent of the book value of all main assets and intangible assets of the company which owns them; (2) the acquisition of the right to give mandatory directions to companies and individual entrepreneurs (for instance when a trust agreement regarding majority of voting shares is concluded); (3) partnership agreements between companies or individual entrepreneurs which are competitors in Belarus; and (4) the acquisition of the right to discharge the office of an executive body of a company (for example, hiring a management company instead of appointing a director). We focus on another change, which has the most significant impact on business: the increase in the threshold criteria for deals recognized as economic concentration. These criteria have been doubled as follows: 1) the book value of assets and 2) the volume of proceeds from sales (following the result of the preceding year), from USD 1 million and USD 2 million to USD 2 million and USD 4 million, respectively. In practice, this means a reduction in the number of corporate deals subject to prior approval from MART, as under the previous legislation relatively small companies which had a small market share were also obliged to fulfill formal requirements and meet the lower threshold criteria. Agreements Restricting Competition and Concerted Actions Agreements between competitors (cartels) regardless of their impact on competition is now prohibited if these agreements can result in setting, maintaining, increasing, or reducing prices, dividing the commodity market, reducing and terminating the production of goods, or one or more parties to the agreement refusing to (at its/their own discretion, not under the law) enter into contracts with certain sellers and consumers. The legal regulations regarding vertical agreements have also changed. Currently vertical agreements which can result in the setting of resale prices (with the exception of the maximum resale price) and prohibiting buyers from selling goods of competitors (with the exception of trading under a certain means of individualization of the seller) are forbidden. This prohibition does not apply to permissible vertical agreements. Other innovations in the Competition Law include an increase in the level of permissibility to 20 percent (from 15 percent) and the right of an interested party to provide evidence of permissibility to MART if the party disagrees with the decision of the authority. Simplifying the Fight Against Unfair Competitors New restrictions and bans on unfair competition have been introduced, such as the use of specific comparisons to competitors and their products (including the words “best,” “first,” “most,” and “only”), which is forbidden unless those terms can be confirmed, the unlawful receipt, use, and disclosure of information which is a commercial, official, or other legally-protected secret, and the imitation of competitors’ corporate style or other elements individualizing products. The Competition Law introduces many other progressive and significant norms, such as stricter control over procurement, the conception of the “monopsony,” the limitation period of actions for violations, new powers of MART, and so on. In general, we may state that the Competition Law conforms with international regulations and is more oriented to real business practices. Natalia Anoshka, Partner, Peterka & Partners Belarus Foreign sanctions are forcing international companies to carefully evaluate their contractual relationships with Russian counterparties. In this respect Russian competition law provides obstacles that may be difficult to overcome. Among other things, the sanctions prohibit international companies from entering into or continuing business relationships with specific individuals and from conducting business in Crimea. International companies may also try to ensure that their Russian counterparties do not resell goods to those specific individuals, and they may try to prepare for the possibility that their Russian counterparties will be qualified in the future as someone they are prohibited from doing business with. The resulting changes in the interaction with Russian counterparties may cause issues under Russian competition law. For example, restricting the resale of supplied goods is, as a rule, prohibited under Russian competition law. Further, companies with a dominant market position may refuse to enter into a contract or treat counter-parties equally only for economic, technical, or other justified reasons. When assessing market dominance, the relevant goods market can sometimes be defined very narrowly, such as a single medicine, specific consumables, or spare parts. Russian competition law also contains a catch-all clause that generally prohibits any agreements that result or may result in the limitation of competition. Last, but not least, the coordination by one entity of market behavior of two or more other entities that are active on another market may be regarded as a prohibited coordination, such as a manufacturer coordinating the prices offered for its products by dealers. These restrictions may become relevant in certain sanctions-related scenarios. For example, the refusal by a market-dominant company to supply or to continue to supply its product to specific individuals identified by the international sanctions or to customers in Crimea may violate Russian competition law. The contractual covenant imposed on a counterparty not to resell goods to those individuals or to customers in Crimea may violate Russian competition law with respect to resale restrictions and the general prohibition of restrictions to competition, and may also lead to antitrust violations by the Russian counterparty where it has a dominant market position. It is possible that an international company may be regarded as a market coordinator by imposing identical sanctions-related restrictions on all of its dealers in Russia. Solutions to the resulting conflict between foreign sanctions and Russian competition law must be assessed on an individual basis. In certain cases exemptions from Russian competition law may apply, particularly in case of low market shares. However, uncertainties usually remain, as the relevant market is often difficult to determine exactly. One may also argue that the threat of significant fines under foreign law in case of violation of sanctions provides sufficient economic justification for deviation from general antitrust restrictions, in particular for dominant market players. However, previous Russian administrative and court practice on a similar conflict between Russian competition law and foreign anti-corruption regimes, as well as the recognition by the Russian Supreme Court of foreign sanctions contradicting Russian ordre public, render it unlikely that foreign sanctions can be used as justification of anti-competitive behavior under Russian competition law. This puts international companies in an uncomfortable position, as the potential liability under Russian competition law is not low. Violations of Russian competition law may result in fines that are mostly turnover-based and can amount to up to 15% of the annual turnover on the relevant market. Personal fines and other implications may also be imposed on key employees. There are apparently no cases in which the Russian competition authority has, so far, pursued violations of Russian competition law that were triggered by compliance with foreign sanctions. In 2014, the Head of the Russian Federal Antimonopoly Service stated in an interview that the authority was not using its tools, at least at that stage, in order not to worsen relations. For instance, the controversial (and widely-reported) decision by Google not to make Google Play available in Crimea resulted in no measures by the Russian antitrust authority. As regards Russian countermeasures to foreign sanctions in general, an initially proposed strict approach of imposing criminal liability on compliance with foreign sanctions has been abandoned and only the less severe form of administrative liability is still under consideration. It remains to be seen which position the Russian competition authority will pursue in the future with respect to sanctions-related measures taken by international companies. Stefan Weber, Head of Moscow Office, and Hannes Lubitzsch, Associated Partner, Noerr The Romanian Competition Council’s Improved Investigation Tool: Forensic Examinations Over the past years, Romania has excelled in antitrust law enforcement as the Romanian Competition Council boasts stellar appraisals both inside the country and at the EU level. The RCC has established an increased presence in the daily lives of businesses and in the business-wise jargon of CEOs and corporate pundits. This is mainly due to the boost in the RCC’s activity after 2010, as it began vigorously to inspect and assess various industries and to offer recommendations to both businesses and Government initiatives. As early as 2012 the RCC implemented a new electronic method of undertaking dawn-raids. Enthusiasm was high because this new method meant a reduction in the printing of selected elements of proof and in inspection hours. However, no one anticipated that the actual workload would grow. The accessing of the electronic storage means and the examination piece by piece of all collected data meant a true challenge for businesses and lawyers. It also meant an upper hand for the RCC since it was allowed enough time to examine the immense volumes of information that it collected in depth. The RCC’s position was further consolidated since courts are consistent in issuing authorizations for forensic examinations for periods of up to three months and to prolong them without much consideration, since authorizations are inevitably non-contentious. What businesses need to know is that during a dawn-raid the RCC (like the European Commission) has access to all their hardware and software infrastructure. Specifically, RCC inspectors must be allowed access and given the passwords, pass codes, or encrypting keys to all programs or applications used on site. Storage facilities – including both physical servers and cloud storage – must be made available. Most importantly, no documents must be tampered with by the company under investigation. First, any such tampering may be noticed on the spot, as the RCC inspectors use machines and software to make identical copies of HDDs, local storage space, cloud storage, mobile phones, PDAs, tablets, and so on, and any tampering with electronic data may be either recorded or indicated outright. Second, the RCC has spared no expense in investing in its IT facilities; it has and uses state-of-the-art computer programs which can detect with millimetric precision whether a document has been tempered with which, if duly established, may negatively affect a company’s position in an investigation (in terms of amount of fine increased via the ascertainment of aggravating circumstances). In the tranquility afforded by the RCC’s forensic laboratories its inspectors may undertake the actual examination with the required degree of attention to detail. Under current enactments, they may do so with or without the owner of the data or its lawyer being present. They must only be allowed to be present when a working copy of the HDD produced during the dawn-raid is made and when the minutes containing the actual documents selected and retained are being drafted. Of course, the law does not require such presence, but any diligent business will undoubtedly hire a lawyer to represent its rights and interest and will delegate one of its employees to participate in the actual examination. Indeed, both employee and lawyer are essential during the actual examination process. The employee is best placed to acknowledge whether a piece of information is in any way related to the scope of the investigation. The lawyer is also necessary, as he is best placed to identify documents and correspondence falling within the attorney-client privilege and fight to have them removed from the investigation dossier, and he is best placed to moderate interventions by the employee. Since forensic examination are undertaken piece-by-piece, the presence of a lawyer in this process is also critical since personal information may be accessed or revealed contrary to the rules on data protection. Moreover, participating in the actual examination affords the investigated business the advantage of anticipating the course of action likely to be taken by the authority and it may begin to prepare its lines of defense based on the types of data and information sought by the inspectors. Given the intrusive nature of forensic examination, dedicated compliance programs, applied trainings, and 24-hour responsiveness on part of a competition professional are key for a company wishing to avoid feeling threatened by an inspection and forensic examination of its dealings. Razvan Pele, Partner, Maravela & Asociatii The Ukrainian competition authority focuses on investigating the status of competition in different markets in Ukraine. They are empowered to do this either by sending written requests to companies or by performing onsite inspections (e.g., dawn raids). In practice, Ukraine’s competition authority more often sends written requests, allowing the parties time to prepare their answers. Onsite inspections, including dawn raids, are more commonly reserved for potential cartel investigations. However, the authority can also perform onsite inspections, including dawn-rafts, especially with respect to investigating such violations as cartels. This kind of inspection is much more stressful for the company and for its employees. In those stressful situations, employees often do not know how to behave and can perform certain actions or provide information that can lead to fines for violations of competition regulations and result in substantial losses for the company. Under Ukrainian competition regulations, the maximum fine can be as much as 10 percent of the annual turnover of the particular group of entities. Therefore, a lot of companies are very careful to train their employees on how to behave during potential dawn raids by competition authorities. However, they may face a problem with employee turnover, especially with reception staff and low-level managers. Given this, we would like to suggest some basic tips that can be easily shared with different categories of employees, and some basic rules about how to behave during a dawn raid. Basic tips for the reception staff: 1. Note that a dawn raid inspection by the competition authority may come at any time (most likely at 9 am), and you are obliged to allow them to enter, even if the company’s management is absent. 2. Politely ask for the documents identifying the inspectors and lead them to a separate and fully isolated room. 3. Contact the appropriate responsible individuals in your company to arrange for their presence during the inspection. 4. Do not discuss ANY matters with the inspectors except for technical arrangements such as checking identification documents, arranging for the presence of company employees, leading the inspectors to the meeting room, offering refreshments, and so on. 5. Make sure that the arrangements listed above do not take longer than 30 minutes. Basic tips for business employees: 1. Politely check whether the documents and information requested by the inspectors correspond to the scope of the inspection. 2. Do not delete any documents or files from your computer or other devices which are provided to you for work, as this will be checked by the inspectors. 3. Do not speak to the inspectors off-record (including by messengers), because such communication will be recorded and used as evidence; speak only with respect to your own scope of responsibility, and do not provide any information regarding other employees. 4. If you have any questions, ask for legal advice from your legal team before giving any answers to the inspectors. 5. If you disagree with any statements made by the inspectors in the minutes of your interview, contact your lawyers for advice, as you have the right either to provide explanations and comments regarding the contents of the minutes, or to refuse to sign the minutes providing explanation of the reasons of your refusal. Basic tips for the legal team: 1. Ensure that the reception staff has updated details of persons who they must contact as a first priority when an inspection occurs. 2. Check whether inspectors have all the documents authorizing them to perform inspection as required by law (it is advisable to have a check-list of the required documents). 3. Contact external lawyers, if necessary. 4. Ensure that all inspectors are accompanied and monitored by at least one lawyer; don’t leave inspectors alone. 5. Make notes on what the inspectors review and with whom they communicate. 6. Ensure that inspectors do not request information outside the scope of their inspection. 7. Ensure that legally privileged documents are duly marked, and remember that the company may refuse to submit them even if the inspectors request that they do so. 8. Check the contents of the minutes of inspection, provide explanations and comments to them if necessary, or refuse to sign them providing an explanation for your refusal. 9. Contact the competition authority after the inspection to receive information about the outcome of the inspection. Volodymyr Monastyrskyi, Partner, and Oksana Franko, Associate, Dentons Ukraine The Hungarian Competition Authority has launched the public consultation process about the draft of its updated and amended communication concerning commitment decisions in Hungarian competition cases. In general, a “commitment decision” is available from the competition watchdog to infringers of competition laws (both antitrust rules and laws prohibiting unfair business-to-consumer practices), who are prepared to offer legally binding commitments in order to remedy the competition concerns the regulatory investigation has identified. Unlike a normal prohibition decision, the acceptance by the Competition Authority (GVH) of a voluntary commitment makes the resulting decision binding on the infringing company without establishing any infringement or pursuing the investigation any further. Another difference is that in a prohibition decision the GVH imposes sanctions on the infringer, whereas a commitment decision essentially rests only on the voluntary commitments offered. The GVH sees this procedural alternative, which has been available under Hungarian law since 2014, as an effective tool to address competition law concerns via a procedure that allows for a quicker restoration of undistorted conditions of competition on the relevant market than stretching out a full-blown investigation to its end (or even further if the infringer appeals the prohibition decision). Nonetheless, there has admittedly not been a clear legal path in Hungary for wrongdoers hoping to secure a commitment decision from the GVH against their compromise offer. Therefore, the GVH now proposes to update and substantially amend its former communication in order to fill that procedural gap. The new communication proposes to define milestones and introduce deadlines for the process and to set explicit requirements in terms of preparing the offered commitments by the infringer and then having them evaluated by the regulator. These are intended to confer increased transparency and predictability on the process. The new communication makes it clear that it remains binding on the GVH only where the infringer follows the preferred procedures. Wrongdoers are encouraged to proactively indicate their interest in discussing any possible commitment at the earliest possible stage. Unless they do so, the GVH’s preliminary assessment of the case and the resulting draft statement of objections will also mention the GVH’s preparedness to consider commitments from the wrongdoers to the extent the underlying case allows the competition concerns to be effectively addressed by those commitments. A review of Hungarian competition cases shows that one fourth of infringers in antitrust cases and half of all infringers in unfair business-to-consumer practices cases had a genuine willingness to propose commitments even at the outset of their cases. One of the most important new features of the draft new communication is that it introduces a well-defined set of six criteria the proposed commitment package needs to comply with in order to open the door for further alignment with the GVH. In particular, the GVH expects that the commitments infringers offer be relevant, credible (i.e., raise no concerns regarding their implementation), timely (i.e., can take effect soon after the GVH’s decision and extend for a period sufficient to remedy the problem), unambiguous, accountable (i.e., a subsequent inspection of compliance will be reasonably possible for the GVH), and fit for putting out for market testing (i.e., not so dominated by business secrets and other confidential details that the GVH would be unable to make them available to third parties). Although it remains in the GVH’s discretion to assess whether the commitments offered are appropriate and sufficient to address its competition concerns, the explicit listing of these criteria in the new communication significantly increases the transparency and predictability of the GVH’s decisions. Otherwise the new communication leaves infringers completely free to offer commitments that are “behavioral” (i.e., a commitment by the infringer to actively do something on the market, such as provide certain services or goods under specified conditions, or refrain from certain former practices) and/or “structural” (e.g., a commitment to divest certain assets to other market players). The new communication makes it apparent, however, that commitment decisions are not appropriate for severe infringements of competition law (e.g., secret cartels), which the GVH prefers to investigate in full and where sanctions are considered necessary. Once the new communication has been finally adopted by the GVH the expectation is that it will further increase the recognition of commitment decisions in Hungary and hence contribute to more efficient investigations by the GVH. Janos Toth, Partner, Wolf Theiss Budapest Current Trends in the Prosecution of Bid Rigging in the Czech Republic In its most recent annual report, the Czech Competition Authority stated that the investigation of bid-rigging cartels would be its highest priority. The issue of bid rigging is a hot topic that has attracted the attention not only of the CCA, but also that of the Czech police and public prosecutors, who have been very active in investigating bid-rigging cartels in recent years. With this increased level of scrutiny, companies should be aware that potential antitrust behavior brings not only the risk of high fines from the CCA, but more importantly criminal sanctions, which may be catastrophic for both the company and its management. Criminal Law Implications of Bid Rigging Under Czech law, companies can be held liable for certain crimes. However, unlike individuals, corporate entities cannot be held criminally liable for breaches of antitrust law. Thus, formally, only the CCA and/or the European Commission can investigate and punish cartels for bid rigging. However, recently we have observed a growing trend whereby the police and public prosecutors are actively going after bid-rigging cartels and pursuing companies in such cases through different means. Specifically, they are prosecuting them for “manipulating public procurement and public tenders” - a crime for which companies can be held criminally liable. This practice has material implications for companies operating in the Czech Republic. In practice, if a company is convicted for bid rigging, it faces, among other things, the following negative consequences: (i) substantial fines; (ii) a non-discretionary ban from participation in public tenders for at least five years; and (iii) significant reputational damage, given that criminal records are publicly available and cannot be deleted for at least five years, and in certain cases even longer. Such penalties can strike a deathblow to companies - especially those which depend on public tenders for their business. Limited Legal Tools for Defense Czech criminal law does not provide companies with sufficient tools to mitigate the negative effects of criminal convictions, such as leniency or settlement programs, which are commonly used by individuals in antitrust infringement cases. For instance, if an individual files a successful application for leniency before the CCA in antitrust infringement cases, he/she can obtain a reduction or removal of fines and, in some cases, avoid being blacklisted from public tenders. Moreover, Czech criminal law recognizes the successful application for leniency before the CCA as a way of exculpating an individual from subsequent criminal liability. However, companies accused of bid rigging and prosecuted for these crimes do not have this option. In general, they cannot even settle with the public prosecutor or judge since most bid-rigging cases are too serious to qualify for this. The negative consequences of a criminal conviction for bid rigging occur automatically, and judges do not have any discretion to decide otherwise. We see this as a potential problem, in particular for the large corporations that are vital for the Czech economy, and which may face criminal sanctions even for quite negligible cases involving their employees. Is There a Fix? The existing Czech criminal law requires, in our view, substantive amendment in order to protect the rights of companies accused of bid rigging. First, it should be clear whether bid rigging should fall within the jurisdiction of criminal prosecution, and if so, what types of cases can be prosecuted. It should also be clear what type of offences should be left exclusively to the CCA’s competence. Secondly, companies that are criminally accused of involvement in bid rigging should be provided with alternatives such as settlement or leniency in order to give them a reasonable chance of surviving a criminal conviction. As an alternative, there is an argument that the prosecution of all bid-rigging cases should be left to the exclusive jurisdiction of the CCA and/or the European Commission due to their longstanding expertise in detecting and addressing these types of antitrust behavior. Obviously, given the severe nature of the sanction, companies in sectors sensitive to bid rigging should implement solid compliance programs to educate their employees and protect themselves from both administrative and criminal sanctions. If the company detects any anti-competitive behavior, it should consider applying to the CCA for leniency. If a leniency application is done in time, the CCA’s binding decision on a bid-rigging case would create a legal obstacle, preventing the police and public prosecutor from prosecuting the company for the same acts covered by the CCA’s decision. Petr Zakoucky, Partner, and Adam Prorovsky, Associate, Dentons The Dusk of (Illegal) Dawn Raids in Slovakia? The competence of the Slovak Antimonopoly Office to conduct dawn raids is governed by Article 22a of Slovakia’s Act No 136/2001 Coll. on Protection of Competition. While Act No 136/2001 (the “Act”) sets a general framework for the conduct of dawn raids, its interpretation has in previous years been subject to judicial review – with some interesting outcomes. Authorization to Conduct Dawn Raids Must Be Specific Besides setting out certain formal requirements, the Act generally requires that dawn raids be based on authorization issued by the Antimonopoly Office (PMU), outlining its subject and purpose. Adhering to the decision-making practice of the Court of Justice of the European Union, the Supreme Court of the Slovak Republic addressed the issue of the subject-matter content of the authorization in its landmark 2015 decisions in relation to the bid-rigging case brought against the Datalan company. In those decisions, and in order to limit “fishing expeditions,” the Court presented a more detailed list of the requirements necessary for authorization. The authorization must contain a description of basic characteristic features of the alleged delict, designation of the affected market, nature of the alleged restrictions and explanations from which the serious indications as to the delict assessed have arisen (along with a general description of their type and nature), as well as serious material indications on which the suspicion against the relevant undertaking is based. The authorization should also contain a description of the manner in which the delict was allegedly perpetrated and, to the extent possible, a specific designation of what the dawn raid seeks to discover. The PMU is also asked to prove that carrying out the dawn raid is necessary for the collection of evidence attesting to the perpetration of the delict. The Rights of Undertakings (and Their Employees) During a Dawn Raid In its Datalan saga, the Court also touched upon the requirements for the PMU during the execution of a dawn raid. First, the PMU is obliged to exercise maximum effort to use the legal time period provided for the conduct of the dawn raid in order to separate any irrelevant (personal) data and to collect and process only the data necessary for the conduct of the inspection. Since, in the Datalan case, the PMU decided to end the dawn raid four days before the deadline set out in the authorization, it could not invoke time pressure as an excuse to separate unnecessary data later on in its premises (as was the usual practice before the decision). Second, the Court also ruled, regarding the PMU’s entitlement to inspect private devices of employees of the inspected undertaking used for professional purposes, that this inspection has to be performed within the limits of proportionality. In effect, the PMU must be able to clearly identify and communicate (both to the undertaking and to the affected employees) the necessity of inspection. The Datalan case wasn’t the only opportunity for the Court to consider dawn raids – it also dealt with a number of other questions relevant for the proper conduct of dawn raids in the case of AT Computer. First, while the Court in that case did not find a specific obligation of the PMU to inform the undertakings about their right to have their legal counsels present, it seemed to implicitly confirm that obligation’s existence. Second, the Court ruled that while the PMU is entitled to ask employees of the inspected undertaking for explanations, these questions have to be limited to the purpose of the inspections itself (e.g., how and where to find certain documents, etc.) and cannot relate to the (as yet un-initiated) administrative proceedings on the merits (e.g., questions about different business strategies). Moreover, the employees may not be interviewed at the same time as their personal computers are being inspected, which would effectively deprive them of the opportunity to object to the private or irrelevant content of the communication being reviewed. The Future of Dawn Raids in Slovakia While we have seen a considerable improvement in delineating the boundaries of the PMU’s competence during the last decade, the legal terrain establishing its rights to conduct dawn raids is far from stable. For instance, we still lack compelling judicial authority on the PMU’s common practice of prohibiting an inspected undertaking from contacting its external legal counsels based on a fear of thwarting the inspection. Nonetheless, recent developments in the case law on dawn raids provide undertakings with more lines of defense and bring some legal certainty into the (still) young and vibrant practice. Jakub Jost, Leader of Antitrust and Competition, Peterka & Partners Slovakia Designing a Competition Enforcement System: The Imperative of Credibility “If people are good only because they fear punishment, and hope for reward, then we are a sorry lot indeed.” — Albert Einstein It is not uncommon for post-communist societies to wrestle with the idea of competition enforcement. Executives of a more old-school bent are often confounded by having something which once was common market practice, sometimes even mandated by the state, now scrutinized and considered a serious infringement of law. This is why competition advocacy is a crucial tool for relatively inexperienced competition authorities – it would hardly be fair to beat upon market players legitimately unaware of changes to the modus operandi. But advocacy can only get you so far. For less scrupulous actors, or when the market has had sufficient opportunity to become acquainted with the legal framework, strong enforcement is necessary. It is small wonder that, when considering the setup of an enforcement system, policy-makers usually focus on the amount of fines. Having a high-profile company under investigation and facing multimillion euro penalties does tend to grab headlines. However, credibility represents an important issue that tends to be neglected in discussions about effective deterrence. There needs to be a credible threat of consequences for those who would be willing to commit an infringement. The more practice the authority has, and the more serious the actual risk of punishment is, the more common antitrust awareness becomes, making infringements taboo. This phenomenon is quite evident among some jurisdictions in the Western Balkans. In our experience, the business community struggled to take competition law seriously when facing authorities hesitant to take on difficult cases or imposing predominantly cautionary fines. In contrast, authorities which initiated high-profile investigations against major market players and imposed significant fines contributed much more effectively to an overall compliant culture. They may have made mistakes along the way and suffered failure in some of these cases, but the end result tended to be greater awareness of the legal framework and a significant reduction in the most serious infringements. Therefore, it is not enough to have competition fines on the books – there needs to be a reasonable chance that an infringer would actually suffer them in case of a breach. An authority reluctant to use the tools at its disposal tends to erode respect for the legal framework in place. “Sure, the rules are there,” a crafty manager might think, “but my bonus depends on this arrangement, we will never get caught – and even if we are caught, they’re going to let us off with a warning.” Another important aspect involves efforts by the authority: a constantly developing practice as well as presence and visibility on the market, are critical. The authorities have a wide array of tools, such as leniency or dawn raids, to establish credible deterrence and make the companies aware that non-compliance carries a significant risk of sanction. Credibility also implies efficiency: if proceedings last a good many years and can be manipulated, short-term thinking kicks in and people stop caring about what will, most likely, turn out to be the next CEO’s problem. Another question concerns the predictability and equality of outcomes. Competition rules are often broad, allowing enforcers significant discretion and requiring undertakings to closely follow the evolving practice. The authorities need to commit to a consistent application of the rules, so that companies are able to adapt their business accordingly. This is also a safeguard for the equal treatment of parties to the proceedings and directly depends on the overall state of the rule of law in a given jurisdiction. Discriminatory or selective enforcement can be devastating for an authority’s credibility. If it is possible to bend the rules or decide differently without clear reasoning or explanation, this incentivizes companies to focus not on compliance, but on regulatory capture and establishing a relationship with the authority when a problem arises. This is also why competition enforcers need to be aware of the wider legal framework, instead of focusing on their relatively narrow scope of authority: often enough, would-be infringers are simply trying to adapt to governmental policies drafted with scant regard for market competition. Furthermore, efficiency should never come at the expense of due process, as integrity demands procedural fairness. Stakeholders would do well to bear in mind the importance of credibility in institutional design. Without it, enforcement can be twisted into harming competition, instead of fostering it. Great power must be accompanied by great responsibility. Bojan Vuckovic, Partner, and Veljko Smiljanic, Senior Associate, Independent Attorneys at Law in coop. with Karanovic & Nikolic The Polish Competition Authority has been increasingly active as the market watchdog. In assuming his position as President of the Competition Authority in 2016, Marek Niechcial announced his commitment to strengthening competition law enforcement via a stricter approach, more investigations, and higher fines for wrongdoers. The last two years demonstrate that the Authority is working towards delivering on this promise. Dawn Raids The Polish Competition Authority (UOKiK) is increasingly active in investigating both entire market sectors and particular business entities. Between January and June 2018, the Authority conducted six dawn raids in more than ten locations (the raids affected distributors of musical instruments and accessories, sportswear and sports equipment, motor vehicles, photo equipment, and marketing agencies). This is a lot compared to previous years, especially when taking into account that each dawn raid involves considerable resources. Higher Fines The current President of the UOKiK, when assuming his position, was very clear that in his view there should be more fines, and the fines should be higher. He criticized the concept of soft measures (such as contacting market participants, highlighting questionable behaviors, and providing an opportunity to have them adjusted before formal proceedings are initiated and fines imposed). He explained that in case of serious anti-trust infringements, administrative proceedings and fines are necessary, as they “bring order to the market.” Finally, he emphasized that the penalties are far too low. The law allows fines of up to 10% of the annual turnover, but the base amounts are in practice much lower – usually around 0.1–1% and never higher than 3%. According to the current President of the UOKiK, this is too low, and a base amount of 6% is more appropriate. Two years into his term, it can be seen that the UOKiK is implementing his suggestions. The total amount of penalties imposed in 2017 was PLN 222 million – the highest in the last six years. To compare, the total amount of penalties in 2016 was PLN 107 million, in 2015 it was PLN 47 million, in 2014 it was PLN 86 million, and in 2013 it was PLN 135 million. Also, the Authority announced that it will propose changes to its guidelines regarding the calculation of fines, so as to increase the percentages. Liability of Managers In July 2018, and although it has had the power to do so since 2015, the UOKiK announced that for the first time it is considering imposing fines for competition law infringement not only on the companies involved, but also on the individuals responsible. A penalty can be imposed on a manager (a member of the management body or other person holding a managerial position) who intentionally allows a business entity to enter into an anticompetitive agreement. The maximum penalty is PLN 2 million (approximately EUR 460,000). Until now, this power has not been used. Recently, however, the UOKiK has initiated proceedings against 17 fitness services businesses (fitness clubs and an operator of sports and recreation packages), citing potential market division. In a public statement, the UOKiK noted that the evidence it has collected may indicate collusion between seven managers of the fitness companies and initiated proceedings against these individuals. The proceedings – both in relation to the business entities and the managers – are pending and whether the individuals concerned will ultimately be fined remains to be seen. However, this shows that the UOKiK is heading towards a stricter approach towards individuals. Promotion of Whistleblowing Finally, the Authority is committed to introducing and promoting the concept of whistleblowing. Last year it introduced a pilot program in this respect. A whistleblower is a person, often an individual (such as a past or present employee, client, even a competitor; but not someone responsible for an infringement, as such people should rather make use of leniency programs), who is in possession of useful information and/or evidence regarding a cartel or other anticompetitive conduct. The UOKiK has made a special telephone number and e-mail address available for whistleblowers wishing to deliver such information while keeping their identity secret if they wish to. The Authority is also in favor of some form of legal protection for whistleblowers to secure them from potential negative consequences. It is worth noting that this is not a purely Polish concept, but is based on solutions already used in other countries. Whistleblowing in general is becoming increasingly popular with competition authorities around the world as yet another effective tool to uncover secret cartels. Malgorzata Urbanska, Partner, CMS [For more on the subject of Poland’s attempt to enact sophisticated whistle-blower protections, see the article on page 36] Unfair Trading Practices in the Food Supply Chain – New Competence of the Croatian Competition Agency At the EU level, long-term discussions on unfair trading practices in the food supply chain have resulted in the Proposal for a Directive that is currently in process. The Republic of Croatia has already adopted a law with a similar subject matter – the Act on Tackling Unfair Trading Practices in the Food Supply Chain (the “Act”) – which entered into force at the end of 2017. The Act concerns business-to-business relations and aims to protect suppliers (including primary producers) in their relations with resellers, buyers, and processors with significant negotiating power. The authority in charge of implementing the Act is the Croatian Competition Agency (the “Agency”), which the legislator considers the most competent to handle these matters due to its experience in abuse of dominance cases in competition law. Whether someone has significant negotiating power or not is determined on the basis of the aggregate turnover realized by the respective undertaking (turnovers of affiliated companies are included in the calculation) in the Republic of Croatia. For resellers, the aggregate turnover has to exceed HRK 100 million (approximately EUR 13.4 million), while the threshold is set at HRK 50 million (approximately EUR 6.7 million) for buyers and processors. According to the legislative preparatory acts, these thresholds should cover approximately 95% of traders in Croatia. The Act aims to prevent and penalize the exploitation of significant negotiation power, i.e., the imposition of unfair trading practices (UTPs). It lists different examples of UTPs, such as contracts and general terms which are not in accordance with the Act; payments which are not clearly indicated on the invoice (including the specification of discounts or rebates); possibility of unilateral termination of contract without justified reason; obligations imposed on suppliers which go beyond the contracted ones; disproportionate contractual penalties; imposing various payment obligations which should not be the burden of suppliers (e.g., listing fees, fees payable for the purpose of stocking of products after delivery, fees payable due to reseller’s decreased sales); etc. Undertakings were obligated to ensure compliance with Act’s provisions – i.e., revise their contracts, invoices, and business practices as necessary – by the end of March 2018, as contracts made before the entry of the Act ceased to be valid as of April 1, 2018. Apart from facing the potential nullification of contracts in certain cases (e.g., if the contract is not made in a written form or if it does not contain mandatory provisions prescribed by the Act), undertakings are exposed to high fines for breaches (as high as HRK 3.5 million (approximately EUR 0.4 million) – or even HRK 5 million (approximately EUR 0.7 million) for the most severe breaches). A few months after the Act became fully applicable (i.e., after April 1, 2018), the Agency conducted market research by requesting that more than 30 undertakings deliver more than 100 contracts made with national and international undertakings in the food supply chain. According to publicly available information, more than 20 proceedings were initiated on the basis of this market research, including several against bigger retail chains. It will be important to keep track of further developments and of the decisions of the Agency, which have yet to be adopted, especially because initial interpretations of the Act (provided in the form of “frequently asked questions” (FAQ)) were subject to significant changes (e.g., it was stated first that the assortment rebate approved by the supplier to the reseller always constitutes a UTP, while the subsequent amendments to the FAQ stated that such rebates are permissible under certain conditions). A line will have to be drawn in practice as to what is and what is not a UTP. If the related EU Directive is adopted, the situation might become even more complex, as the provisions and interpretations of the Act will have to comply with the EU Directive, and current practices might need to be further adjusted. Hrvoje Bardek, Partner, and Marija Zrno, Attorney-at-Law, CMS Zagreb The well-formed regulation of competition is a precondition for a healthy and effective market. Thus, countries have to not only adopt appropriate legislation, but also ensure that the relevant authorities will enforce that legislation in a way that allows all participants in the market to carry out their activities in a fair environment. Protection of fair competition in Slovenia is ensured by the Slovenian Competition Protection Agency (the “Agency”). The Agency is responsible for implementing the Slovenian Prevention of Restriction of Competition Act (ZPomK-1) and Article 101-102 of the Treaty on the Functioning of the European Union. The Agency may carry out two types of procedures – one concerning restrictive practices and one in respect of concentrations – and it may impose sanctions on those undertakings which violate the rules of fair competition. In this article, we will consider some issues which may arise in the procedure concerning restrictive practices, and focus especially on the procedural rights of an intervener. The procedure for restrictive practices starts when the Agency learns about circumstances that could constitute a restrictive agreement between undertakings or the abuse of a dominant position by one or more undertakings. Upon the discovery of such circumstances, the Agency will issue an order that an investigation is commencing. The company targeted by the procedure (the “Infringer”), has the status of a party in the procedure. The Agency may also allow another person to participate in the procedure (the “Intervener”) if that other person can prove that the participation is necessary to protect his or her interests. Thus, an Infringer’s competitors will usually participate in the procedure as Interveners, especially if the Infringer’s restrictive acts resulted in damages for which the Interveners plan to seek compensation. Such Interveners usually have great deal of interest in the outcome of the procedure in front of the Agency, since Article 62.g of ZPomK-1 provides that the civil courts which will hear these lawsuits are bound by the final decision of the Agency regarding the infringement. Despite the fact that both Infringer and the Intervener may participate in the procedure, their procedural rights substantively differ. Both have the right to review documentation relevant to the case (under Article 18 of ZPomK-1), but when it comes to basic procedural rights such as the right to an adversarial procedure, the status of the Infringer and the Intervener is not the same. The Slovenian Supreme Court has explicitly stated that the Agency has to ensure the full right to an adversarial procedure only to the Infringer, whereas the Intervener enjoys this right only in exceptional cases: i.e., if ZPomK-1 explicitly grants it or if it is necessary for the protection of the Intervener’s interests. The Agency thus has a certain margin of discretion as to if and to what extent it will allow the Intervener to exercise its right to an adversarial procedure. With this regard, the Supreme Court has stated that the Agency has to review any Intervener’s claims and evidence that is essential for the outcome of the procedure. However, the Agency is still the entity empowered to determine the significance of those claims and that evidence. Participation in the procedure before the Agency is of great importance for the Intervener, since the Agency’s decision could have significant impact on the participant’s market position and profitability. Moreover, as explained above, the outcome of the procedure before the Agency will also effect the Intervener’s position in its case in court to obtain compensation of damages. Therefore, it is important that the Agency not use its discretion arbitrarily, and, when deciding on whether to grant the right to an adversarial procedure to the Intervener or not, it should consider the consequences of the outcome of its decision for the Intervener. Furthermore, if the Agency declines to provide an adversarial procedure to the Intervener, it should provide a thorough explanation as to why a specific claim or evidence was insufficient so that the Intervener is able to understand its decision and (if necessary) to challenge it to the Administrative Court. Katja Sumah, Partner, and Luka Rzek, Legal Clerk, Law Firm Miro Senica and Attorneys First Decisions Prohibiting Concentrations Issued in Bulgaria Two concentrations recently prohibited by the Bulgarian Commission for the Protection of Competition with limited analysis have been widely criticized for their lack of valid economic arguments. Because both decisions were highly publicized and concern the politically sensitive sectors of media and energy, they are worth special attention. On July 19, 2018 the CPC prohibited: (1) The sale of Nova Broadcasting Group AD, the second largest media conglomerate in Bulgaria, to PPF (owned by Czech businessman Petr Kellner); and (2) the sale of CEZ’s assets in Bulgaria, including its energy distribution and trade businesses and some small renewable energy parks, to Bulgaria’s Inercom, which maintains three solar power stations in the country. In both decisions, the commission’s legal arguments were expressed in a few paragraphs and it remains unclear why it classified the acquisition of companies which are not major competitors as potential strengthening of the acquirer’s dominant positions. In both prohibited concentrations the overlap on the horizontal and vertical market/s is none or almost non-existent. Also, both concentrations concern acquisitions of large undertakings in Bulgaria (with market share in certain relevant markets close to or exceeding 40%) while the market share of the acquirer is insignificant (below 5%). Thus, for instance, in the prohibited concentration of Nova Broadcasting, the parties’ activities overlap only in the market of e-commerce, where both the acquirer and the target hold a market share of less than 5%. Indeed, the Nova Broadcasting Group holds a market share of approximately 40% on the markets of TV distribution and TV advertising. In these two markets, however, the acquirer is not active in Bulgaria, and there is no overlap. Despite the lack of actual threatening horizontal or vertical overlapping, the CPC considered that the “significant amount of mass information resources, which would be accumulated by the concentrated group, would lead to its significant advantage over the other participants in the media market. Thus, the participants in the concentration would have the incentive and actual possibility to change their trade policy (e.g., by limiting the access, price increases or changes in the terms of the concluded agreements).” In the decision prohibiting the sale of CEZ’s assets in Bulgaria, the CPC found that there was a horizontal overlap between the participants’ activities on the market for the production and wholesale supply of electricity from photovoltaic power plants. The CPC also stated that the concentration generates vertical effects on downstream markets, namely the markets for electricity distribution, and supply and trade with electricity. However, the CPC did not assess the market shares of the participants on these markets. The CPC only referred to a potential threat for the competition by analyzing the legislative changes in Bulgaria, which concern the buy-out of electric energy produced by small electricity plants with a capacity exceeding 4 megawatts. The analysis of the CPC failed to explain why the concentration would be detrimental for the concentration under the new legal regime considering that no substantial actual change would occur as a result of the concentration. Next, in the CEZ decision, the CPC directly prohibited the concentration after a Phase I proceeding, without initiating a Phase II proceeding. As a general principle under the Competition Protection Act (CPA), when, during a Phase I proceeding, the CPC establishes that the concentration poses serious threats to effective competition on the market, it starts an in-depth investigation and analysis of the merger’s effects on competition. The CPC, however, directly prohibited the CEZ concentration based on the Phase I investigation alone. In the Nova TV decision, the CPC formally opened a Phase II proceeding. However, the results of those proceedings were not clear. In particular, the conclusions the CPC drew from the Phase II proceedings were identical to the conclusions it drew which led to its opening of the Phase II proceedings in the first place. Next, the CPC did not discuss the positive effects of the concentrations in either of the two decisions. While the CPC examined the stable and substantial financial resources of the acquirers and the experience of the targets, it seems that these factors were considered as negative per se in the context of the two transactions. It also remains largely unclear as to why recent concentrations with almost identical factual backgrounds concerning markets as those under the prohibited decisions were approved without conditions, while these concentrations were directly prohibited by the CPC. The decisions of the CPC can be appealed to the Supreme Administrative Court in the second instance. It remains to be seen what will happen. Iliko Stoyanov, Partner, and Galina Petkova, Attorney at Law, Schoenherr Sofia New Guidance on Transaction Value Threshold On July 9, 2018, the German and Austrian competition authorities published joint guidelines regarding the transaction value thresholds of their respective merger regimes. In Austria, the new threshold (Section 9 paragraph 4 of the Austrian Cartel Act) has applied since November 1, 2017. Accordingly, a merger has to be reported to the competition authority, even if the “traditional” turnover thresholds are not met, if: (a) the value of consideration exceeds EUR 200 million, (b) the combined worldwide turnover of the concerned undertakings exceeds EUR 300 million, (c) the combined domestic turnover of the concerned undertakings exceeds EUR 15 million, and (d) the target has significant activities in Austria. Background The rationale of the new threshold is to capture transactions where the target’s turnover does not adequately reflect its market position. A disproportionately high purchase price compared to the size of the target and its actual revenues may indicate that this is the case. The 2014 Facebook/WhatsApp merger is a commonly-cited example. The new threshold, however, does not only apply to digital markets (where products or services are monetized differently than in conventional markets), but also to “new” markets or markets characterized by innovation. Indeed, in practice, so far (as reported by the competition authorities), the rule’s application has not been limited to the digital sector, and often concerns other sectors (e.g., the pharmaceutical industry). The New Guidelines The new thresholds raise a number of questions, including, among others: “How is the consideration calculated?”, “What is the relevant date to determine transaction value?”, “What constitutes significant domestic activities?” The new guidelines address these questions and provide guidance based on the experience of the authorities. Significant Activities in Austria: Any (Turnover) Safe Harbor? The local nexus requirement in Austria can be a particularly critical issue when assessing a potential filing obligation. It should be noted that the guidelines state that the local nexus criterion included in the transaction value threshold has to be clearly distinguished from the local nexus criterion which applies (according to established case law) with regard to the traditional turnover thresholds under the effects doctrine. Having thus two different sets of local nexus criteria within the same jurisdiction already creates real confusion. The guidelines stress that the domestic turnover is of limited relevance when assessing local nexus in the context of the transaction value threshold. This approach makes perfect sense considering the rationale of this threshold, which is to cover cases where the target’s turnover is not an adequate parameter. It follows that the turnover is only relevant where it “adequately reflects the undertaking’s market position and its competitive potential.” In this case, the guidelines specify that the Austrian competition authority will generally not assume that an undertaking has significant activities in Austria where domestic turnover does not exceed EUR 500,000. This threshold does thus not create an absolute “safe harbor,” but rather one in relative terms, as it still requires diligent analysis of the market, the activities, and the potential of the target. It will mostly be relevant in mature “conventional markets” and markets where competition is not mainly driven by innovation. Other Reference Points for Local Nexus If turnover is not an adequate measure, what is? The guidelines emphasize that this will largely depend on the industry at issue. Frequently cited examples for the digital sector are the number of “clicks” (access frequency), downloads, or registered users. The guidelines state that there is also a presumption of significant domestic activity if the target has a location in Austria. According to the guidelines, research and development may also qualify as a relevant activity. Whether such R&D activity is significant in Austria depends on a number of circumstances (e.g., location, activities relating to entry into the domestic market). The guidelines provide specific guidance for some industries (e.g., the pharma sector). Conclusion The competition authorities’ paper offers valuable guidance on the most relevant aspects of the new thresholds and illustrates them with a number of practical examples. By their very nature and due to the fact that the relevant regulation has been in place for less than a year, the guidelines do not claim to provide an exhaustive set of answers. However, the very detailed guidelines are certainly helpful in order to assess a potential filing obligation under the new transaction value test. In addition, parties may approach the Austrian authority to seek individual guidance in order to clarify open issues. Andreas Traugott, Partner, and Anita Lukaschek, Associate, Baker McKenzie Vienna Article 2 of the Montenegrin Law on the Protection of Competition limits the law’s application to acts undertaken within the territory of Montenegro and acts undertaken outside of Montenegro which have as their object or effect the distortion of competition in Montenegro. In practice, however, the Law on the Protection of Competition (the “Law”) seems sometimes to be applied beyond its territorial scope. Maybe the best example of this is the merger control regime. It appears that transactions that have no obvious and immediate ties to Montenegro – typically called foreign-to-foreign transactions – are still reviewed and cleared by the Montenegrin Commission for Protection of Competition (the “Commission”). In other words, the Commission apparently accepts jurisdiction in such cases, even though it seems unlikely that the subject transaction would have any effect in Montenegro. The reason for this could lie in the jurisdictional thresholds of the Montenegrin merger control regime set out in article 50 of the Law. The thresholds are set very low and structured in a way that allows situations in which only one party to the concentration can exceed them. This leads to the absurd situation in which, judging based only on jurisdictional thresholds, an undertaking with any Montenegrin turnover above EUR 1 million has to notify the Commission in Montenegro of each and every transaction in the world (for example, a transaction resulting in control of a company located and exclusively operating in Cambodia). Yet, it is doubtful that this was the legislator’s aim when it drafted the Law and established the Montenegrin merger control regime. In other words, it is unlikely that the ex ante review of foreign-to-foreign transactions was necessary for the protection of competition in Montenegro. One possible explanation is that the legislator was being overly cautious. Another is that it was unaware of the volume of transactions that would be caught under the jurisdictional thresholds. Neither explanation seems likely, not just because of globally accepted principles in competition law and merger control, but also because of the wording of the Law and the interplay between the provisions on the territorial scope of the Law and its jurisdictional thresholds. One of the most commonly accepted competition law principles – especially in EU competition law and the national competition laws of many EU member states – is the domestic effects doctrine. According to this principle, domestic competition law may only be applied to acts carried out by (foreign) entities undertaken abroad if the acts have effects in the domestic territory. Only in such extraterritorial situations is the application of domestic law proportionate and permissible. The wording of Article 2 of the Law, Territorial Scope, resembles the domestic effects doctrine, at least on paper. Nevertheless, as one of the guiding principles of the Law, the territorial scope of the Law should be interpreted as prevailing. Jurisdictional thresholds are typically set to limit the scope of the merger control to important transactions only – i.e., a transaction large enough to potentially affect competition. However, this particular purpose of the jurisdictional thresholds cannot override the basic principle of the territorial scope of the Law itself. For these reasons, it appears that the Law should not be applicable to typical foreign-to-foreign transactions. The same should also hold true for agreements – for example those concerning the export of goods outside of Montenegro – as long as they do not contain restrictions that could affect competition in Montenegro. Rasko Radovanovic, Partner, CMS Belgrade 45 days. That’s how long it took Roman Kramarik, Partner at JSK in the Czech Republic who recently became the first-ever Czechoslovakian pilot to fly around the world, to complete his 36,863-kilometer mission. After crossing three oceans, surviving monsoon rains, facing the cold of Alaska and the warmth of the Far East, all behind the controls of his Cessna P210N Centurion airplane named the “Winged Lion,” Kramarik returned to his office at the Prague law firm, rightly proud – and more than a little exhausted. STEPPING IN BATA’S SHOES The inspiration for Kramarik’s journey came from an unexpected source. “Three years ago I was given a book by my grandmother about the travels of the famous Czech industrialist Jan Antonín Bata, who did a similar around-the-world trip – though not solo – for business purposes, long before globalization was invented,” Kramarik explains. “He was a visionary man, so I decided to retrace his journey and search for possible Czech traces abroad – not only traces of the work of the Bata family, but also those of other emigrants who left their indelible marks around the world.” Bata was a successful Czech shoe manufacturer who fled the Nazis before World War II and eventually settled in Brazil, where he founded several towns and communities. “He and his brother set up companies all around the world,” Kramarik says. “In 1937 he took a long trip and he wrote a lovely, inspirational book, entitled Za Obchodem Kolem Svetu [“Around the World for Business”] – it only exists in Czech – which I read in one breath.” But Bata wasn’t the only inspiration, and Kramarik also cites the 100th anniversary of Czechoslovakia, that was celebrated this year. “Another reason for I flew now and not in ten years’ time, when I would probably be a more experienced pilot,” he says, “was to pay special respect to the establishment of Czechoslovakia in 1918 following the end of World War I.” The commemoration also played an important part in the choice of name for the aircraft. Czech aircraft are allocated the “OK” country code, but pilots are allowed to select the three letters that follow it. “You can use three letters that are available and do not mean any international codes in aviation terminology. We decided that the aircraft of our club, the Aeroklub Praha-Letnany, where I learned to fly in 1989, will carry the initials of our first president, Tomas Garrigue Masaryk.” The Winged Lion thus flew as OK-TGM. THE PRE-FLIGHT CHECKLIST A team of ten people helped Kramarik prepare for his historic flight, including representatives from ABS Jets – a business jet operator at Prague’s Vaclav Havel Airport – who planned the itinerary and ensured that all necessary permits were obtained. “Planning the route presented a great deal of work that was initiated a couple of weeks before the departure,” said Michal Pazourek, Director of Ground Operations at ABS Jets. “It all started with discussions and analyzing different options of how the flight should be executed with regard to weather and prevailing winds, as well as legislative requirements. This was followed by intense communication with the airports and double-checking the availability of services and fuel.” Finally, and to make sure he was prepared for any complication that might arise, Kramarik spent hours in the swimming pool at the Czech Agricultural University to learn how to board a life raft and how to swim in a dry suit with a life jacket on. LIFTOFF AND FLIGHT On the morning of July 25, 2018, the Winged Lion took off from the Czech village of Tocna, accompanied by a group of aircraft – including the restored Lockheed Electra once used by Jan Antonín Bata. Kramaric made 30 stops on his passage around the world, including one unexpected diversion to Nagpur, India, caused by heavier-than-expected monsoon weather. The longest stop-overs were in New Delhi, where he waited for an audience with the Dalai Lama, and in Thailand, where he repaired a dent in the propeller. “There were no passengers on any part of the flight, because I had removed all seats from the aircraft (except the captain’s seat) for safety reasons: to reduce weight and give way to fuel, oil, supplies, and spare parts,” Kramaric remembers. “And those came in handy: in India, I had to replace a defective servo of the autopilot and in Thailand, I had to perform extensive maintenance on the aircraft.” At one point he also had to carry a hand-operated fuel pump, because in remote airports, fuel was delivered in large 200 liter drums and it was his responsibility to pump it into the tanks. “I became an expert in opening fuel drums with only pliers and a screwdriver,” he laughs. The longest leg that Kramaric flew was 3,313 km from Halifax, Canada, to Santa Maria in the Azores, which took him just The Balkan General Counsel Summit is a peer-to-peer full-day conference serving as a platform for sharing best practices and staying abreast of current legislative developments, critical for GCs in the Balkan region, as well as providing a valuable opportunity for networking with peers. Contact us now for details www.2018balkan-gcsummit.ceelegalmatters.com over ten hours in the air. “However, the long flights themselves, which I expected to be tiring, eventually were like a refreshing breeze,” he says, though he concedes that maintaining the necessary focus for six weeks straight was extremely challenging. “I managed – I did not collapse – but I don’t think I could have sustained something like this for 12 weeks.” Boredom, it appears, was not a problem. “I always had something to do,” he recalls. “I took some books with me, but I did not read a single page. When you fly long legs over ocean, desert, or inhospitable remote areas such as Russia’s Far East, even when there are no urgent duties, you keep re-counting everything as you go, checking the instruments and fine-tuning the fuel mixture and engine temperature every five minutes.” THE RETURN OF THE HERO Finally, on September 8, 2018, Kramarik completed his flight. “If I had to summarize it in one word, it would be: ‘exhausting’,” he reflects. “Not necessarily a short period of time, and you are facing ever-shortening days as you fly east, it can be really exhausting. A lot more than I expected it would be.” “Nonetheless it was definitely worth all the pain,” he smiles. “I saw some amazing places and met a lot of special people. I had the pleasure of finally meeting the Dalai Lama, which was a very moving experience. We talked about Vaclav Havel, who is a major Czech footprint in contemporary history. His Holiness told me how much and why he respected him, and he said that they were good friends, and how much good he could have done if he had not died so early. At another stop, in the United States, in Cedar Rapids, Iowa – which is considered one of the meccas of Czechs and Slovaks in America – the center of the city is called New Bohemia, there is another part called the Czech village, there is a Czech and Slovak museum, etc.” Kramarik is asked whether he has any similarly grand plans for the future. “One planet was enough for a circumnavigation,” he answers, “but a man without a dream is a dead man. I have plans, but rather than talking about them, I will see to have them turned into reality. However, now I will definitely focus entirely on work and our clients for some considerable time before I take any more time off to embark on another mission.” Hilda Fleischer Thank You To Our Country Knowledge Partners For Their Invaluable Input and Support Bulgaria: Schönherr Czech Republic: JSK Greece: Drakopoulos Hungary: Wolf Theiss Poland: Wolf Theiss Montenegro: Radonjic Associates Romania: Maravela Asociații Slovenia: ODILaw Turkey: Turunç Ukraine: Avellum Internationally Ukrainian Excellence in CEE — Only firm to be top ranked by Chambers Global for every CEE category — More M&A deals successfully completed than any other firm — 600+ lawyers across 17 CEE offices — Advising clients in CEE for over 25 years — More UK and US lawyers on the ground than any other firm — German, English and local language advice from every office CMS is an international law firm that helps clients to thrive through technical rigour, strategic expertise and a deep focus on partnerships. 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*REVISED* NOTICE OF RESULTS PHOENIX WOMEN'S COMMISSION AFFORDABLE CHILDCARE AND EDUCATION SUBCOMMITTEE Pursuant to A.R.S. Section 38-431.02, notice is hereby given to the members of the PHOENIX WOMEN'S COMMISSION - AFFORDABLE CHILDCARE AND EDUCATION SUBCOMMITTEE held a VIRTUAL meeting open to the public on Wednesday, January 8, 2025, at 12:00 p.m. The Phoenix Women's Commission Affordable Childcare and Education Subcommittee meeting held a virtual meeting, the public was able to listen to the live meeting via video conference. For more information of the meeting format please contact Shanna Archie at 602-534-1279 or [email protected]. The results for the meeting were as follows: Adjourn at 12:14 pm Adjournment Christina Spicer, Subcommittee Chair Est.: 1 minute For more information on the meeting format, additional information, or to request reasonable accommodation, please contact Equal Opportunity Specialist/Commission Liaison, Shanna Archie in the Equal Opportunity Department at 602-534-1279 or TTY/602-534-1557 (or use 7-1-1). Persons paid to lobby on behalf of persons or organizations other than themselves shall register with the City Clerk prior to lobbying or within five business days thereafter and must register annually to continue lobbying. If you have any questions about registration or if you must register, please contact the City Clerk's Office at 602-262-6811. REVISED 1/14/2025	<urn:uuid:e273dc15-a033-44b8-ac44-d71bf6c2db10>	CC-MAIN-2025-08	https://www.phoenix.gov/cityclerksite/PublicMeetings/250108005R.pdf	2025-02-17T07:26:20+00:00	s3://commoncrawl/cc-index/table/cc-main/warc/crawl=CC-MAIN-2025-08/subset=warc/part-00276-b184e832-acd1-425a-bab7-895830f2748a.c000.gz.parquet	848,336,024	344	eng_Latn	eng_Latn	0.972869	eng_Latn	0.97421	[ "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 704, 1437 ]
'Cultivating Good Water' with the Earth Charter Itaipu Hydroelectric Power Plant, BRAZIL Background been involved in Itaipu's educational work with the Earth Charter. The Itaipu Hydroelectric Power Plant, one of the largest power generators in the world, is a bi-national public-sector enterprise jointly developed by the governments of Brazil and Paraguay. Itaipu is committed to a high level of social engagement in the Cuenca of Paraná region, where it operates. Itaipu has used the Earth Charter as a valuable ethical framework, an educational tool, and as the common thread linking the 70 or more individual projects that are part of its s o c i o - e n v i ronmental pro g r a m m e C u l t i v a n d o Agua Buena (Cultivating Good Water), which began in 2003, under the leadership of Nelton Friedrich. ITAIPU's production of the year 2000 was responsible for the supply of 95% of the electric power consumed in Paraguay and 24% of the total demand in the Brazilian market. Source: ITAIPU website Aim The aim of the Cultivating Good Wa t e r programme is to help establish conditions to guide socio-environmental action related to the preservation of natural resources in the Cuenca of Paraná, and thereby to improve the quality of people's lives in the region. Participants To date, 29 municipalities, 200 NGOs and 370 schools representing over 88,000 students have Timeframe The project, Cultivating Good Water, began in 2003 and was ongoing at the time the case was written in 2005. Description The foundation for all actions and projects of the programme is based upon three documents: the Millennium Development Goals, Agenda 21, and especially the Earth Charter. Itaipu is using the Earth Charter as an ethical framework for all of its individual projects and as an educational instrument for selected ones. Cultivating good water publication Living SECTION 1: THE EARTH CHARTER IN EDUCAT I O N Specifically, the Earth Charter is presented in: Funding * C o n f e rences of the Cultivating Good Water P ro g r a m m e * Informative and educational materials * Environmental education actions * Newspaper articles and media communications * Discussions and actions to improve socioeconomic conditions in the region In September 2004, the Earth Chart e r received honourable mention during the 2nd Cultivating Good Water Encounter. The event had the participation of more than 2,200 people from the area: politicians, educators, fishermen, small agriculturists, and Indians among others. The ceremony became news in the Cultivating Good Water newspaper, January edition, with 20,000 copies including the E a rth Chart e r contents in full. Itaipu holds numerous training projects with local governments, schools and in communities. To facilitate that, Itaipu has printed over 6,000 copies of the Earth Charter in Portuguese in its efforts to disseminate the document. It has also included the Charter in a number of other publications, including its newsletter. Itaipu sponsored the production of 1,500 videos, 1,000 posters, and 25,000 brochures; it is also helping diffuse the Earth Charter via its web-page. The projects are staffed by more that 150 people from Itaipu and account for a budget of US$ 7.5 million annually. "Just as we cultivate earth to have the good fruits of our labour, it is necessary to cultivate water, so that it maintains its quality and quantity for everyone, since everyone depends on her." Jorge Samek, Direction General of ITAIPU, Brazil Results Some results directly related with the actions of the programme include: * Enhanced awareness in the region of the values on principles for sustainable development * The formation of an Enviro n m e n t a l Educational Network involving 29 municipal districts and 370 schools * The establishment of a faculty discussion g roup on the Earth Charter in the Universidade Estadual do Oeste do Parana (West Paraná State University) * In early 2004, Itaipu published an E n v i ronmental Education guide, titled: EARTH CHARTER – Values and Principles for a Sustainable Future. Conclusion Itaipu presents a unique example of a public bi-national enterprise investing heavily in socioenvironmental actions in its region of operation. Given the diversity in the scope of its projects, the Earth Charter allows Itaipu to have a strong philosophical foundation for its work. According to Friedrich, "The ethical framework of the Earth Living SECTION 1: THE EARTH CHARTER IN EDUCAT I O N Cha rter provides a counterbalance to the utilitarian culture that is becoming more prevalent over time." This case was directly drawn from the following sources: - http://www.itaipu.gov.br/ consulted September 29, 2005 - Earth Charter Award application by Nelton Freidrich, Programme Director. - Earth Charter Annual Report 2004 Living	<urn:uuid:8a26fc8e-b0db-4e4e-89f1-b7fcc92cecf9>	CC-MAIN-2019-39	https://earthcharter.org/virtual-library2/images/uploads/VII-%20Cultivating%20Good%20Water%20with%20the%20Earth%20Charter.pdf	2019-09-19T21:20:58Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-39/segments/1568514573735.34/warc/CC-MAIN-20190919204548-20190919230548-00040.warc.gz	435,235,673	1,092	eng_Latn	eng_Latn	0.977172	eng_Latn	0.984976	[ "eng_Latn", "eng_Latn", "eng_Latn" ]	false	rolmOCR	[ 1878, 4450, 4837 ]
Traffic Mitigation Fees Traffic Mitigation Fees are collected in the Napa Valley Business Park Specific Plan Area for all new development. Fees are collected as an additional funding source for new roads and improvements to existing roads. Napa Valley Business Park Specific Plan Area Map Parcels located in the shaded area shown above are subject to Traffic Mitigation fees. Contact the Department of Public Works at (707) 253-4351 for further information. Why is there a fee and where does the money go? The Napa Valley Business Park Specific Plan Area, previously known as the Airport Industrial Area Specific Plan was adopted by the Napa County Board of Supervisors on July 29, 1986 to provide for the orderly development of the area around Napa County Airport. The Road Improvement Program and Development Fee Schedule was adopted by Resolution in December 1990 to fund the Specific Plan area’s share of road improvements to accommodate the additional traffic generated by new development. The fees collected are used to fund the development of new roads or extend existing roads, roadway widening, and traffic signals. The fees are not used for road maintenance. Who must pay the fee? All new development or improvements to existing development that generate additional traffic in the AIASP are subject to the fee. How is the fee determined? When building plans for new development or improvements to existing development located in the Napa Valley Business Park Area are submitted, the plans are reviewed by the Department of Public Works. Fees are determined based on land use information found in the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). The most common land uses in the AIASP are General Light Industrial and Business Park. Land uses that do not fall under the definitions for General Light Industrial or Business Park are determined based on other information from the Trip Generation Manual, or a site-specific trip generation study. Fees are calculated based on zoning and gross square footage. Fees on Existing Structures If building plans are for remodeling existing space or building replacement, a credit will be given for the level of traffic associated with this previously-permitted space. When Must the Fee be Paid? The fee must be paid in full before any building permits for the development are issued. Traffic Mitigation Rates per Zoning Area \| ZONE \| RATE \| \|---------------\|------\| \| General Industrial \| .97 \| \| Business Park \| .85 \| \| Shell/Warehouse \| .32 \| For more information, please contact the Department of Public Works at (707) 253-4351.	<urn:uuid:4cfc1425-4e46-4e5f-8a67-2ed0bb447854>	CC-MAIN-2019-39	https://www.countyofnapa.org/DocumentCenter/View/2513/Traffic-Mitigation-Fee-Brochure-PDF	2019-09-18T00:51:19Z	s3://commoncrawl/crawl-data/CC-MAIN-2019-39/segments/1568514573173.68/warc/CC-MAIN-20190918003832-20190918025832-00044.warc.gz	807,860,050	511	eng_Latn	eng_Latn	0.991419	eng_Latn	0.996411	[ "eng_Latn", "eng_Latn" ]	false	docling	[ 460, 2653 ]
Partial Times Delay in Elastic Electron Scattering by Rectangular Potential Well with Arising Discrete Levels M. Ya. Amusia\textsuperscript{1,2}, A. S. Baltenkov\textsuperscript{3} and I. Woiciechowski\textsuperscript{4} \textsuperscript{1}Racah Institute of Physics, the Hebrew University, Jerusalem 91904, Israel \textsuperscript{2}Ioffe Physical-Technical Institute, St. Petersburg 194021, Russia \textsuperscript{3}Arifov Institute of Ion-Plasma and Laser Technologies, 100125, Tashkent, Uzbekistan \textsuperscript{4}Alderson Broaddus University, WV 26416, Philippi, USA Abstract We have studied the times delay of slow electrons scattered by a spherically symmetric rectangular potential well as functions of the well parameters. We have shown that the electron interaction with the scattering center qualitatively depends on the presence of discrete levels in the well. While electron retention dominates for the potential well with no discrete levels, the appearance of a level leads to the opposite situation where the incident electron hardly enters the scatterer. Such a behavior of the time delay is universal since we found it not only for the first $s$-level but also for the following arising $s$-, $p$-, and $d$-levels. 1. Introduction The earlier experiments with atomic and molecular photoionization under attosecond laser pulses have resulted in the first observation of the time delay in photoemission [1-4]. Nowadays, the attosecond chronoscopy is a rapidly developing field of research (see, for example, [5-7] and references therein). Photoionization appeared to be not an instantaneous process, contrary to the initial believe. Departure of the photoelectron wave packet delays relatively to the arrival of the photon pulse. The typical time delay is a few attoseconds. This physical effect bears the name “time delay in half-scattering process” in contrast to the time delay originally introduced by Eisenbud, Wigner and Smith [8-10]. Their time delay, referred to as the EWS-time delay, is due to the particle capture and retain for some time by a short-range potential in the resonance elastic scattering process. In the half-scattering process, the photoelectron moves from the center of the ionized system to its border, while in the elastic scattering process, the classical trajectory of particle crosses the system from the border to border, passing through the center. For this reason, the time delay in the half-scattering process is as twice as less than the EWS-time delay. In the special case of scattering by potential of spherical symmetry, the EWS-time delay $\tau_i(E)$ is simply the derivative of the particle scattering phase shift $\delta_i(E)$ with respect to the particle kinetic energy $E$ [6] $$\tau_i(E) = 2\hbar \frac{d\delta_i(E)}{dE}$$ \hspace{1cm} (1) The experimental observations of the times delay in the half-scattering photoionization process [11] show that the electron travel times through the scattering region are significantly different for the partial electron wave packets with different orbital momenta $l$. We should expect similar situation in the particle elastic scattering processes. There is, therefore, a necessity of a comparative study of the partial components of the classical EWS-times delay. Such a study is the goal of the present paper. In our recent paper [12], we investigate the partial EWS-times delay in the process of slow elastic electron scattering by the Dirac bubble potential [13]. This potential is a good model for the fullerene C$_{60}$ shell. We found that the sign of the partial time delay depends upon presence of a discrete level with the corresponding orbital moment $l$ in the potential well. Namely, the $n^{th}$ time delay is positive when there is no discrete $l$-level in the well, and it becomes negative when such a level appears. One can expect similar behavior of the time delay if not only the first, but also the second-, third-, and so on discrete levels appear. This hypothesis cannot be verified for the Dirac bubble potential since it has only one discrete level in the potential well with the given orbital moment $l$. To overcome this limitation, we have investigated the EWS-time delay behavior in the case of slow electron elastic $s$-scattering by the spherically symmetric square-potential well $V(r)$ [14]. Such a potential, in contrast to the Dirac bubble potential is capable to support any numbers of $s$-discrete levels. Specifically, we studied the EWS-times delay as functions of the well parameters, such as the potential well radius $R$, and depth $U$. We showed that the duration of electron interaction with the scattering center qualitatively depends on presence of discrete levels in the well. While electron retention dominates for the potential well with no discrete levels, the appearance of a level leads to the opposite situation where the incident electron hardly enters the scatterer. Such a behavior of the time delay is universal since it takes place not only for the first $s$-level but also for the following $s$-levels appearing in the potential well. The goal of the present paper is twofold. First, we generalize the results of paper [14] to the case of nonzero orbital moment $l$ of the electron partial wave. Second, we compare the $p$- and $d$-EWS-times delay with the $s$-times delay. The dependence of the scattering phase shifts $\delta_l(k)$ and, therefore, the dependence of the EWS-times delay $\tau_l(k)$ upon the type of function $V(r)$ can be in either hidden or explicit forms. Choosing $V(r)$ as the spherically symmetric square well potential with radius $R$ and depth $U$, we acquire the possibility to derive the desired dependences in an explicit form, complementing the analytic approach by some numerical calculations. The organization of the paper is as follows. Sections 2 contains the main general formulas for the derivatives of the $s$- and $p$-phase shifts in the rectangular potential well. Section 3 presents the general equations for the potential well parameters, for which the $s$-, $p$- and $d$-discrete levels appear. Section 4 presents numerical calculations of the derivatives of the phase shifts and the corresponding EWS-times delay. Subsection 4.1, includes calculations of the phase shifts and times delay as functions of the potential well depth $U$. Subsection 4.2 gives these quantities as functions of the electron momentum $k$. Subsection 4.3 presents the $R$-dependence of derivatives of the phase shifts and the corresponding EWS-time delays. Conclusions are given in Section 5. Appendix collects the details of our consideration for $d$-partial electron wave. 2. Main formulas Let an electron with the wave vector $k$ move in continuum above the attractive potential well $$V(r) = \begin{cases} -U, & r < R, \\ 0, & r \geq R. \end{cases}$$ \hspace{1cm} (2) The following formula connects the electron wave vectors inside the potential well $q$ and outside the well $k$: $$\frac{k^2}{2} + U = \frac{q^2}{2}$$ \hspace{1cm} (3) Here and throughout the paper, we employ the atomic system of units. Inside the potential well, the radial part of the electron wave function is the regular spherical Bessel function [15] $$R_{kl}(r) = Aj_l(qr), \quad r < R$$ \hspace{1cm} (4) where $A$ is a constant. Beyond the range of $V(r)$, we always take $R_{kl}(r)$ to be in the form of a linear combination of the regular and irregular spherical Bessel functions, $j_l(x)$ and $n_l(x)$, respectively $$R_{kl}(r) = j_l(kr)\cos\delta_l - n_l(kr)\sin\delta_l \text{ at } r \geq R,$$ \hspace{1cm} (5) with the following asymptotic behavior $$j_l(x \to \infty) = \sin(x - \pi l / 2) / x; \quad n_l(x \to \infty) = -\cos(x - \pi l / 2) / x.$$ \hspace{1cm} (6) The phase shifts $\delta_l(k)$ in Eq. (5) are calculated by matching the logarithmic derivatives of the electron wave functions inside and outside the potential well (Eq. (4) and Eq. (5)) at the point $r = R$. The matching condition from the outside results in the expression [16] $$k \frac{j'_l(kR)\cos\delta_l - n'_l(kR)\sin\delta_l}{j_l(kR)\cos\delta_l - n_l(kR)\sin\delta_l} = \gamma_l,$$ \hspace{1cm} (7) while the logarithmic derivative of the “inner” wave function is as follows $$\gamma_l = q \frac{j'_l(qR)}{j_l(qR)}.$$ \hspace{1cm} (8) Prime symbol at the functions $j'_l(\rho)$ and $n'_l(\rho)$ in Eqs. (7) and (8) denotes differentiation with respect to $\rho$. Solving Eq. (7) for $\delta_l(k)$ we obtain the formula for tangent of the phase shift [16] $$\tan \delta_l = \frac{k j'_l(kR) - \gamma_l j_l(kR)}{k n'_l(kR) - \gamma_l n_l(kR)}. \tag{9}$$ For $s$- and $p$-states, the matching conditions Eqs. (7) and (8) can be written in the following explicit forms: $$k \cot(kR + \delta_0) = q \cot qR \tag{10}$$ for the $s$-wave, and $$\frac{1}{k^2} [1 - kR \cot(kR + \delta_1)] = \frac{1}{q^2} [1 - qR \cot qR] \tag{11}$$ for the $p$-partial electron wave. In Eqs. (10) and (11), the $s$- and $p$-phase shifts $\delta_0(k)$ and $\delta_1(k)$ calculated with Eq. (9), are given in the explicit form in Appendix (see Eq. (A15)). Applying operator $\partial / \partial k$ (denoted by a dot) to both sides of Eqs. (10) and (11) we obtain the following expressions for derivatives of the phase shifts with respect to the wave vector $k$ $$\dot{\delta}_0 = \frac{\partial \delta_0}{\partial k} = -R + \frac{\sin 2(kR + \delta_0)}{2k} + W_0(x, y) \tag{12}$$ $$\dot{\delta}_1 = \frac{\partial \delta_1}{\partial k} = -R - \frac{\sin 2(kR + \delta_1)}{2k} + \frac{2 \sin^2(kR + \delta_1)}{k^2 R} + W_1(x, y) \tag{13}$$ where the functions $W_0(x, y)$ and $W_1(x, y)$ are as follows $$W_0(x, y) = R \left[ 1 - \frac{\sin 2x}{2x} \right] \left[ \frac{\sin(y + \delta_0)}{\sin x} \right]^2, \tag{14}$$ $$W_1(x, y) = R \left[ x^2 + \left( \frac{x}{2} - \tan x \right) \sin 2x \right] \left[ \frac{\sin(y + \delta_1) - y \cos(y + \delta_1)}{y (\sin x - x \cos x)} \right]^2 \tag{15}$$ Here, the dimensionless variables $x = qR$ and $y = kR$. Comparing Eqs. (12) and (13) with the lower limits of the phase shift derivatives given in paper [9] \[ \dot{\delta}_0 > -R + \frac{\sin 2(kR + \delta_1)}{2k}, \] (16) \[ \dot{\delta}_1 > -R - \frac{\sin 2(kR + \delta_1)}{2k} + \frac{2\sin^2(kR + \delta_1)}{k^2R}, \] (17) we conclude that the functions $ W_0(x, y) $ and $ W_1(x, y) $ are always positive. Eqs. (16) and (17) determine the asymptotic behavior of the derivatives when $ k \to 0 $. According to these inequalities, there are general restriction on the phase shift derivatives with any orbital momenta $ l $ that follows from the principle of causality. The principle states, “The scattered wave cannot leave the scatterer before the incident wave has reached it” [9]. Below we will use the Wigner’s formulas (16) and (17) in the numerical calculations. For higher orbital momenta $ l \geq 2 $, the matching condition leads to expressions that are too complicated to calculate the derivative directly. For $ l \geq 2 $, it is better to use another method for $ \dot{\delta}_l(k) $ calculation. We present the details of the method in Appendix along with its application to the $ d $-phase shifts. The following relations connect the partial EWS-times delays with $ \dot{\delta}_0 $ and $ \dot{\delta}_1 $ \[ \tau_l(k, U, R) = 2 \frac{d\delta_l}{dE} = 2 \frac{d\delta_l}{dk} \frac{dk}{dE} = \frac{2}{k} \dot{\delta}_l(k, U, R), \] (18) where both the scattering phase derivatives and EWS-times delay are functions of three variables $ k $, $ U $, and $ R $. For small electron energies $ E = k^2/2 $, according to the Wigner threshold law [17], the phase shifts obey to the condition $ \delta_l(k \to 0) \sim k^{2l+1} $. The EWS-times delay near the threshold, therefore, have the asymptotic behavior \[ \tau_l(k, U, R)_{k \to 0} \propto \pm k^{2l-1}. \] (19) The $ s $-partial EWS-time delay in this limit goes to infinity as $ \tau_s(k, U, R)_{k \to 0} \propto \pm 1/k $. Below, we consider the function $ \tau_s(k, U, R) $ for small but finite values of the electron momentum $ k $. For higher orbital moments $ l > 0 $, the partial EWS-time delay at the threshold equals to zero. 3. The discrete level arising in the rectangular potential well Paper [14] demonstrates that the partial EWS-times delay have specific peculiarities when new discrete levels in the potential well arise. Let us determine the parameters of the potential well with new arising levels. For discrete states with the binding energy $ I = -\kappa^2/2 $ arising in the rectangular potential well given by Eq. (2), the electron wave vectors inside and beyond the well ($ q $ and $ \kappa $, respectively) are related as \[ U - \frac{\kappa^2}{2} = \frac{q^2}{2} \] (20) The solutions of wave equation that decrease for large values of $r$ as $e^{-r}$ are the spherical Hankel functions of the first kind [15] $$R_{kl}(r) = B_i h_l^{(1)}(i\kappa r) = B_i \left[ j_l(i\kappa r) + i n_l(i\kappa r) \right], \quad r > R.$$ \hspace{1cm} (21) Both the condition of matching the logarithmic derivatives of the wave functions Eq. (4) and Eq. (21) at the point $r = R$ and the asymptotic behavior of the wave function at $\kappa \to 0$ result in the equation for the potential well parameters when the discrete $s$-level with zero binding energy $\kappa^2 / 2 = 0$ appears in the well $$\cot qR = 0.$$ \hspace{1cm} (22) The potential well depths $U_s^{(n)}$ are related with the potential well radius when the $n^{th}$ consecutive level of $s$-symmetry just appears in the well. The following equation gives this relation $$U_s^{(n)} = \frac{(2n - 1)^2 \pi^2}{8R^2}.$$ \hspace{1cm} (23) Performing the same calculations for $p$-levels, we obtain $$j_0(qR) = 0$$ \hspace{1cm} (24) For the parameters of the potential well when $n^{th}$ consecutive level of $p$-symmetry just appears in the well, we obtain $$U_p^{(n)} = \frac{n^2 \pi^2}{2R^2}.$$ \hspace{1cm} (25) It is straightforward to generalize Eqs. (22) and (24) for states with higher orbital moments $l \geq 2$. The general condition for the level with the $l$-symmetry arising in the well reads [16] $$j_{l-1}(qR) = 0.$$ \hspace{1cm} (26) 4. Numerical calculations In this section, we first numerically investigate the behavior of the $s$- and $p$-partial EWS-times delay $\tau_r(U)$. Then, we study the behavior of the $s$- and $p$-phase shift derivatives $\delta_j(k)$ and the partial EWS-times delay $\tau_j(k)$ as functions of the electron wave vector $k$. Finally, we investigate the behavior of the $s$- and $p$-partial EWS-times delay $\tau_r(R)$ versus the potential well radius $R$. 4.1. $U$-dependence In the computations performed, we assume that the potential well depth $U$ in Eqs (12) and (13) is a variable while the radius of the potential $R$ is a constant equal for certainty to 2 at. un. Figure 1 presents the EWS-times delay $\tau_s(U)$ and $\tau_p(U)$ as functions of $U$ for several fixed values of the electron wave vectors $k$. The case of extremely small electron energies $k=0.1$ and $k=0.2$ is represented in two upper panels. For the potential wells with no bound states (the intervals $0 < U < U_s^{(1)}$ or $0 < U < U_p^{(1)}$), the time delay is positive and it switches its sign after the first discrete $s$- or $p$-level appears in the well when $U$ is increasing. As a result, small changes in $U$ in the vicinities of the first critical values $U_s^{(1)}$ and $U_p^{(1)}$ lead to sudden jumps of the functions $\tau_s(U)$ and $\tau_p(U)$. This specific feature in the behavior of the EWS-time delay for small electron energies is universal since it exists for all other critical values of the variable $U$. Note that the amplitudes of the peaks of the curves presented in two upper panels of Figure 1 decrease when the $k$ values increase. For example, when the wave number $k$ increases by a factor of two, from $k = 0.1$ to $k = 0.2$, the peak value for the $s$-wave at the first calculated point after the critical value $U_s^{(1)}$ decreases by about a factor of nine. For $p$-wave, the difference between the same peaks is only about twice as large. The relatively simple resonance behavior of the functions $\tau_s(U)$ and $\tau_p(U)$ for very small wave numbers $k$ changes for larger $k$ values. It is illustrated by four lower panels in Figure 1, which present the calculated functions for the EWS-times delay at $k = 0.5$, 0.6, 0.7, 0.8. We observe here a much more complex picture. The positions of the peaks shifts from the values given by Eqs. (23) and (25). Table 1 gives the shifts of the three zero positions on the $U$ axes. Table 1. The positions of the first three resonances in a) $s$-EWS-time delays $\tau_s(U)$ \| $k$ \| Eq. (23) \| 0.1 \| 0.2 \| 0.5 \| 0.6 \| 0.7 \| 0.8 \| \|-----\|----------\|-----\|-----\|-----\|-----\|-----\|-----\| \| \| \| \| \| \| \| \| \| \| $U_s^{(1)}$ \| 0.308 \| 0.307 \| 0.285 \| 0.195 \| 0.135 \| 0.075 \| 0.015 \| \| $U_s^{(2)}$ \| 2.776 \| 2.775 \| 2.745 \| 2.655 \| 2.595 \| 2.535 \| 2.445 \| \| $U_s^{(3)}$ \| 7.711 \| 7.695 \| 7.695 \| 7.575 \| 7.545 \| 7.455 \| 7.395 \| b) $p$-EWS-time delays $\tau_p(U)$ \| $k$ \| Eq. (25) \| 0.1 \| 0.2 \| 0.5 \| 0.6 \| 0.7 \| 0.8 \| \|-----\|----------\|-----\|-----\|-----\|-----\|-----\|-----\| \| $U_p^{(1)}$ \| 1.234 \| 1.225 \| 1.220 \| 1.105 \| 1.045 \| 0.985 \| 0.925 \| \| $U_p^{(2)}$ \| 4.935 \| 4.915 \| 4.910 \| 4.795 \| 4.765 \| 4.675 \| 4.615 \| \| $U_p^{(3)}$ \| 11.103 \| 11.095 \| 11.090 \| 10.975 \| 10.915 \| 10.855 \| 10.795 \| Note the very different scales of oscillations of the EWS-times delay in Figure 1. In the first and second panels, the range of the time variations is from about $-100$ to $+100$ at. un., while in the lower right panel this range is only between $-6$ and $+6$ at. un. This is an illustration of the following general behavior of the phase shift derivative [18] $$\dot{\delta}_l(k \to \infty) \to 0.$$ 4.2. $k$-dependence In the computations performed, we assume that both the potential well depth $U$ and the potential well radius $R=2$ at. un. are constants, while the wave vector $k$ is a variable. Let us begin from the phase shift derivatives. In Figure 2, the left panel presents the $s$-phase shift derivatives $\dot{\delta}_0(k)$ as functions of $k$. The right panel presents the functions $\dot{\delta}_l(k)$. In the upper left graph, we have two pairs of curves calculated using Eq. (12) and two pairs of curves obtained using Eq. (16). We choose two specific values of potential well depth $U$: one is $U = 0.2$ at. un. that is below $U_s^{(1)} = 0.308$ at. un. and the other one, $U = 0.4$ at. un., that is above $U_s^{(1)}$. The fist value corresponds to the case with no discrete levels in the well. The second value is for the case when the potential well has the first $s$-level. The pairwise consideration of these well depths allows us to illustrate the principally different behavior of the $s$-phase shift derivative before and after the $s$-discrete level appearance. In the limit of $k \to 0$, the functions $\dot{\delta}_0(k)$ are approaching constant values, but the constants are of opposite signs. For the potential well with no $s$-level, the constant is positive, while it is negative when the discrete level appears. We therefore can conclude that the derivative of the phase shift switches the sign when the first discrete level arises in the well. With increasing $k$, the derivative follows the asymptotic behavior given by Eq. (27). The $k$-dependencies calculated with the Wigner formula Eq. (16) for small electron momenta $k \to 0$ coincide with the $k$-dependencies calculated with Eq. (12), but with one difference. When $k$ is increasing the derivative approach a different limit, $\dot{\delta}_0(k) \to -R = -2$. One can see in the Figure the violation of the general restriction $\dot{\delta}_0(k) + R > 0$ (see text after Eq. (17)) at small electron energies. According to Wigner, this violation is the manifestation of the scattering particle wave nature. The restriction $\dot{\delta}_0(k) + R > 0$ for large $k$ is essentially preserved [9]. We can observe the same picture in the vicinities of the second and third discrete levels (second and third graphs in the left panel). The right panel of Figure 2 presents the derivatives $\dot{\delta}_1(k)$ calculated with Eqs. (13) and (17). Similar to the $s$-scattering, we have two families of the curves. They correspond to the potential well without bound states and the potential well with the first $p$-bound state arisen (upper right graph). The second and third right graphs, respectively, present the results of the calculations of the phase shift derivatives for the well depths around the second and third $p$-states arisen in the well. In contrast to the functions $\dot{\delta}_0(k)$, one has $\dot{\delta}_1(k \to 0) = 0$ that increases with electron momentum $k$ growth as $k^2$. The positions of the $\dot{\delta}_1(k)$ peaks slightly shift to larger $k$ with the number of the $p$-level increase. The general behavior of the curves in the left and right panels is similar. Appearance of the discrete $p$-levels in the well leads to changing the sign of the function $\dot{\delta}_1(k)$. Since the $s$-EWS-times delay near the threshold approaches infinity as $\tau_0(k) \propto \pm 1/k$ (see Eq. (19)), we can compare the times delay for very small but finite values of the electron momentum ($k=0.01$ at. un. was chosen for certainty). For the first pair of the curves (upper left graph in Figure 2), the jump of the EWS-time delay in the vicinity of $U_s^{(1)}$ is $\Delta \tau_0 \approx 2 \cdot 10^3$ at. un. (from $+0.6 \cdot 10^3$ at. un. to $-1.4 \cdot 10^3$ at. un.). For the second pair of the curves (middle left graph), the jump of the time delay is also $\Delta \tau_0 \approx 2 \cdot 10^3$ at. un. For the last pair of derivatives in the lower left graph, we obtain again the same value of the jump (from $+0.5 \cdot 10^3$ at. un. to $-1.5 \cdot 10^3$ at. un.). The $k$-range, where those jumps are observable, is a very narrow interval of electron momenta near the zero $k$ value. For this reason, the graphical representation of the function $\tau_0(k)$ is not enough informative. The situation is different for $p$-electron waves. Figure 3 presents the $p$-EWS-times delay as functions of $k$ calculated using Eq. (18) with the $p$-phase shift derivatives $\dot{\delta}_1(k)$ evaluated at the previous step (right panel of Fig. 2). In all the cases, $\tau_1(k)$ is positive before the level arising, switching to negative values when the level appears. The peaks of the curves in Figure 3 slightly shift to larger $k$ with the consecutive number $n$ of the $p$-level while the maxima of the curves $\tau_1(k)$ decrease with the growth of $n$. 4.3. $R$-dependence In the calculations performed here, we assume that the potential well radius $R$ is a variable while the potential well depth $U$ is a constant value. The relationships for the critical radii, for which $s$- and $p$-discrete levels in the potential well appear, read (see Eqs. (22) and (24)): $$R_s^{(n)} = \frac{(2n - 1)\pi}{2\sqrt{2U}}; \quad R_p^{(n)} = \frac{\pi n}{\sqrt{2U}}.$$ (28) Here $n$, just as above, denotes the consecutive numbers of the $s$- or $p$-level in the well. Figure 4 depicts the derivatives of the phase shifts $\delta_0(R)$ and $\delta_1(R)$ and the EWS-time delays $\tau_0(R)$ and $\tau_1(R)$ as functions of $R$ for fixed both electron wave numbers $k$ and potential depths $U$. The left panel of this figure presents the results for $s$-partial waves, while the right panel presents the results for $p$-waves. Upper graphs depict the sums $\delta_j(R) + R$. Causality principle dictates general restriction $\delta_j(R) + R > 0$ (see Eq. (2) in [9]). Therefore, the curves in this graph should not cross the $R$ axis since the scattering center $V(r)$ has a finite radius. Thus, the causality principle is applicable. On the other hand, according to Eq. (9) the wave nature of particles does permit some infringement of this restriction. Indeed, we can locate the small negative segment in the interval of $R$ approximately between 6 and 9 at. un. The values become all positive for larger $R$. According to the lower graphs of Figure 4, times delay $\tau_0(R)$ and $\tau_1(R)$ are alternating functions of $R$. The zeroes of these functions are close to the critical values of the potential well radii. Table 2 where the corresponding values are collected illustrates this fact. Using Eq. (28), we calculate the critical values of the first three ($n = 1, 2, 3$) radii $R_s^{(n)}$ and $R_p^{(n)}$ for three values of the potential well depth. In parentheses, we give the positions of zeroes of the functions $\tau_0(R)$ and $\tau_1(R)$ in Figure 4. All quantities in Table 2 are in atomic units. As it is seen, correlation between the zero positions of the curves on the $R$-axis and the values of $R^{(n)}$ is undoubted. Note that while for the functions $\tau_0(U)$ and $\tau_1(U)$ at small electron energies, the critical values of the potential well depths $U^{(i)}$ coincide with zeroes of the functions (Figure 1), for the functions $\tau_0(R)$ and $\tau_1(R)$ we see closeness, but not coincidence between their zeroes and the critical values of $R^{(i)}$ (see Figure 3) Table 2. Positions of the EWS-time delay zeroes at the $R$ axes S-wave \| $U$ \| $R_s^{(1)}$ \| $R_s^{(2)}$ \| $R_s^{(3)}$ \| \|-----\|-------------\|-------------\|-------------\| \| 0.05\| 4.967 (4.72)\| 14.902 (14.22) \| 24.836 (-) \| \| 0.1 \| 3.512 (3.42)\| 10.537 (10.27) \| 17.562 (17.15) \| \| 0.15\| 2.868 (2.82)\| 8.604 (8.45) \| 14.339 (14.10) \| P-wave \| $U$ \| $R_p^{(1)}$ \| $R_p^{(2)}$ \| $R_p^{(3)}$ \| \|-----\|-------------\|-------------\|-------------\| \| 0.05\| 9.935 (9.48)\| 19.869 (18.96) \| 29.804 (-) \| \| 0.1 \| 7.025 (6.84)\| 14.050 (13.72) \| 21.074 (-) \| \| 0.15\| 5.736 (5.64)\| 11.471 (11.28) \| 17.207 (16.92) \| ![Graphs showing EWS-times delay](image) Figure 4. The EWS-times delay $\tau_0(R)$ and $\tau_1(R)$ as functions of $R$ for the fixed electron wave numbers $k$ and the fixed potential depths $U$. The left graphs are for the s-partial wave; the right graphs are for the p-partial wave. Upper graphs preset the sums $\delta(R) + R$. ### 5. Conclusions We have investigated the partial EWS-times delay for slow electrons scattered by rectangular attractive potentials as functions of the potential parameters, such as the potential well depth and the potential radius. We have focused our consideration on the vicinities of the potential parameters that are close to their critical values. The critical values are those, at which bound states with zero binding energy appear in the potential well. Specifically, we have considered potential depths $U$ and potential radii $R$, at which the potential supports some number of discrete $s$-, $p$- and $d$-levels. In spite of the potential simplicity, the presented analysis makes it possible to find some specific features in the time delay behavior that have general character. They are the following: 1) The EWS-times delay of slow electron scattered by a shallow potential well with no bound discrete levels are always positive. They switch the sign when the first discrete level appears regardless of whether this level appears due to changes in the depth of the well $U$ or its radius $R$ (see Figures 1 and 4). 2) Small changes of the potential well parameters in the vicinities of the first and any other discrete levels arising lead to sudden jumps of the EWS-times delay from a positive value to a negative one. The amplitudes of these jumps increase with decrease of the electron wave number $k$ (see Figure 1). With increasing electron momentum $k$ (see panels in the second and third rows in figure 1) zeroes of the function $\tau_i(U)$ are slightly shifted from their positions at $k=0$ (see Table 1). 3) The derivatives of the phase shifts of the electron wave functions $\dot{\delta}_l(k)$ are characterized by different asymptotic behavior when $k \to 0$ (see Figure 2). In the case of $s$-wave, the derivative $\dot{\delta}_0(k)$ approaches finite values different from zero, whereas for waves with $l > 0$ one has $\dot{\delta}_{l>0}(k \to 0) = 0$. When $s$- and $p$-bound states appear in the well the corresponding partial EWS-times delay $\tau_0(k)$ and $\tau_1(k)$ abruptly change their sign (Figure 3). 4) The partial EWS-times delay as functions of the potential well radius depicted in Figure 4 demonstrated the following. With $R$ increase and passing the critical values, the electron retention by the potential well (positive EWS-times delay) alters into a mode, at which the incident electron hardly enters the scatterer (negative EWS-times). This behavior of the EWS-times delay is universal since it takes place not only for the first but also for following arising discrete levels. Let us emphasize that although the investigated features of the EWS-times delay we obtained using a simple square well potential, it is easy to demonstrate the existence of the same features for any short-range potential. Indeed, the general formulas in Appendix including Eq. (A4) do not have any limitations on using different shapes of potentials. Of interest would be to measure the times delay in electron scattering processes. Currently, the experimental activity in this area concentrates on investigation of the temporal picture of photoionization of atoms and molecules using high intensity attosecond pulses. In this case, the shortness of the light pulse leads to a big spread in the incoming photon energy due to the uncertainty principle. Note, that the results presented in this paper require high energy resolution for the incident electrons, thus imposing strong limitation on the accuracy of time delay measurements. Acknowledgments ASB is grateful for the support to the Uzbek Foundation Award OT-Ф2-46. Appendix A The starting point for calculation of the derivatives of the $s$- and $p$-phase shifts in Section 2 is the equality for the logarithmic derivatives of the electronic wave functions at the border of the potential well. Such an approach, being very efficient and simple for $l=0$ and $l=1$, becomes cumbersome for $d$-phase shifts. Below we present another method for the same task. The radial part of the electron continuum wave function $R_{kl}(r)$ Eqs. (4) and (5) obeys to the following wave equation $$P''_{kl} - 2V(r)P_{kl} - \frac{l(l+1)}{r^2} P_{kl} + k^2 P_{kl} = 0,$$ (A1) where $P_{kl}(r) = r R_{kl}(r)$. We assume here, as before, a finite range $R$ of the potential $V(r)$, and we assume the function $V(r)$ to be finite everywhere. Applying the operator $\partial / \partial k$ to the wave equation (A1), we obtain $$\dot{P}_{kl}'' - 2V(r)\dot{P}_{kl} + k^2 \dot{P}_{kl} + 2kP_{kl} - \frac{l(l+1)}{r^2} \dot{P}_{kl} = 0.$$ (A2) Multiplying Eqs. (A1) and (A2) by $\dot{P}_{kl}$ and $P_{kl}$, respectively, and subtracting them, we obtain $$(\dot{P}_{kl}P'_{kl} - P_{kl}\dot{P}'_{kl})' - 2kP_{kl}^2 = 0.$$ (A3) Integrating Eq. (A3) between the radius values 0 and $r$, and using the boundary conditions $P_{kl}(r=0)=0$, we obtain $$(\dot{P}_{kl}P'_{kl} - P_{kl}\dot{P}'_{kl}) - 2k \int_0^r P_{kl}^2(\rho)d\rho = 0$$ (A4) This equation does not imply any specific shape of the potential function $V(r)$. Indeed, the first term in this equation refers to the region beyond the potential well ($r \geq R$), and does not depend on the shape of the potential well. For this reason, the first term is the same for any short-range potential function. The specific type of particle interaction with the scattering potential $V(r)$ is totally confined by the integral in Eq. (A4). Thus, we have two types of terms in (A4). The first of them depends on $k$ and $r$ only while the integral in (A4) is a function of the well parameters. Let us apply Eq. (A4) to the rectangular potential well Eq. (2). For simplicity, we restrict ourselves by using the s-partial wave. In this case for $r \geq R$, we have $$P_{k0}(r) = \sin(kr + \delta_0)$$ (A5) For distances $r \geq R$, we substitute Eq. (A5) into the first term of Eq. (A4). The result is as follows $$\dot{\delta}_0 = -r + \frac{1}{2k} \sin 2(kr + \delta_0) + 2 \int_0^r P_{k0}^2(\rho)d\rho, \quad (r \geq R).$$ (A6) Note, that this general formula for the $s$-wave was derived in [18]. The wave function $P_{k0}(r)$ in Eq. (A6) has the form $$P_{k0}(r) = A_0 \sin qr$$ \hspace{1cm} (A7) inside the potential well ($r < R$). For $r > R$, the wave function becomes Eq. (A5). Matching the wave functions Eq. (A5) and Eq. (A7) at $r = R$ gives the amplitude $A_0$ in Eq. (A7) $$A_0 = \frac{\sin(kR + \delta_0)}{\sin qR}. \hspace{1cm} (A8)$$ In the spherical rectangular potential well, the integral in Eq. (A6) is the sum of two following integrals $$\int_0^R \sin^2 qr' dr' = \frac{R}{2} \left(1 - \frac{\sin 2qR}{2qR}\right), \hspace{1cm} (A9)$$ and $$\int_R^r \sin^2 (kr' + \delta_0) dr' = \frac{1}{4k} \left[2(kr + \delta_0) - \sin 2(kr + \delta_0) - 2(kR + \delta_0) + \sin 2(kR + \delta_0)\right]. \hspace{1cm} (A10)$$ Substituting both Eq. (A9) and Eq. (A10) into Eq. (A6), we obtain for the derivative $\dot{\delta}_0$ $$\dot{\delta}_0 = -R + \frac{\sin 2(kR + \delta_0)}{2k} + A_0^2 R \left(1 - \frac{\sin 2qR}{2qR}\right). \hspace{1cm} (A11)$$ As expected, the derived formula (A11) is identical to that of Eq. (12) obtained by differentiation of the boundary condition Eq. (10). Applying the general formula (A4) to the $d$-partial wave and dropping down rather cumbersome intermediate computations, we obtain the following expression for the derivative $\dot{\delta}_2(k)$ $$\dot{\delta}_2 = -R + \left(1 - \frac{12}{k^2 R^2}\right) \frac{\sin 2(kR + \delta_2)}{2k} + \frac{6 \sin^2(kR + \delta_2)}{k^4 R^3} + \frac{6 \cos^2(kR + \delta_2)}{k^2 R} + W_2(x, y) \hspace{1cm} (A12)$$ where the function $W_2(x, y)$ has the form $$W_2(x, y) = A_2^2 R \left[1 - \frac{3}{x^2} - \frac{3}{x^3} + \left(\frac{6}{x^3} - \frac{1}{2x}\right) \sin 2x + 3 \left(\frac{1}{x^4} - \frac{1}{x^2}\right) \cos 2x\right]. \hspace{1cm} (A13)$$ Here \[ A_2 = \frac{(3 - y^2) \sin(y + \delta_2) - 3y \cos(y + \delta_2)}{y^2 [(3 - x^2) \sin x - 3x \cos x]}, \] (A14) where the dimensionless variables are $ x = qR $ and $ y = kR $, as before. The numerical calculations indicated that the qualitative behavior of the function (A12) versus variables $ k, R $ and $ U $ is similar to that discussed above for $ s $- and $ p $-waves. The critical values of the first three $ d $-levels in the well with $ R=2 $ are: $ U_d^{(n)}=2.533, 7.508, $ and 14.857 from Eq. (26). The following explicit expressions derived from the general formula Eq. (9) determine the $ s $-, $ p $- and $ d $-phase shifts referred to in the text of the paper and in Appendix \[ \tan(y + \delta_0) = \frac{y}{x} \tan x, \] \[ \tan(y + \delta_1) = \frac{x^2 y \tan x}{xy^2 + (x^2 - y^2) \tan x}, \] \[ \tan(y + \delta_2) = \frac{3xy(y^2 - x^2) + [3x^2 + y^2(x^2 - 3)]y \tan x}{[y^2(3 + y^2) - 3x^2]x + 3(x^2 - y^2) \tan x}. \] (A15) References 1. M. J. Rosker, M. Dantus, and A. H. Zewail, J. Chem. Phys. 89, 6113 (1988). 2. A. H. Zewail., Science 242, 1645 (1988). 3. A. H. Zewail, Angew. Chem. Int. Ed. Engl. 39, 2586 (2000). 4. A. H. Zewail, Pure Appl. Chem. 72, 2219 (2000). 5. A. S. Kheifets, Phys. Rev. A 87, 063404 (2013). 6. R. Pazourek, S. Nagele, and J. Burgdörfer, Rev. Mod. Phys. 87, 765 (2015). 7. P. Hockett, E. Frumker, D. M. Villeneuve and P. B. Corkum, J. Phys. B 49, 095602 (2016). 8. L. E. Eisenbud, Ph. D. thesis. Princeton University (1948). 9. E. P. Wigner, Phys. Rev. 98, 145 (1955). 10. F. T. Smith, Phys. Rev. 118, 349 (1960). 11. U. Heinzmann, in Attosecond Physics, Springer Series in Optical Sciences, Vol. 177, edited by L. Plaja, R. Torres, and A. Zaïr (Springer, Berlin/Heidelberg), pp. 231–253 (2013). 12. M. Ya. Amusia and A. S. Baltenkov, J. Phys. B 52, 015101 (2019). 13. L. L. Lohr and S. M. Blinder, Chem. Phys. Letters 198, 100 (1992). 14. M. Ya. Amusia and A. S. Baltenkov, JETP Letters 109, 507 (2019). 15. M. Abramowitz and I. A. Stegun, Handbook of Mathematical Functions (Dover, New York, 1965). 16. L. I. Schiff, Quantum Mechanics (McGraw-Hill; 3Rev Ed edition, 1968). 17. E. P. Wigner, Phys. Rev. 73, 1002 (1948). 18. M. Wellner, American Journal of Physics 32, 787 (1964). Figure 1. Partial EWS-times delay versus the potential well depths $U$ for different electron momenta $k$. Black solid lines are for the $s$-partial wave; dashed red lines are for the $p$-wave. Figure 2. The $s$- and $p$-phase shift derivatives as functions of the electron wave vector $k$. Left panel is the $s$-phase shift; right one is the $p$-phase shift. Solid black and solid red lines are for the phase shifts for potential wells with depths before and after level arising, respectively. The critical values of the first three levels in the wells are: $U_s^{(n)}=0.308$, 2.776, and 7.711 from Eq. (23) for the $s$-state and $U_p^{(n)}=1.234$, 4.935, and 11.103 from Eq. (25) for the $p$-state. Dashed blue and magenta lines present the calculations with the Wigner formulas Eqs. (16) and (17), correspondingly. Figure 3. The EWS-times delay $\tau_1(k)$ as functions of the electron wave vector $k$ in the vicinities of the first three $p$-levels arising in the potential well. Solid black lines are for the depth before level arising; dashed red lines are for the depth after $p$-level arising. Figure 4. The EWS-times delay $\tau_0(R)$ and $\tau_1(R)$ as functions of $R$ for the fixed electron wave numbers $k$ and the fixed potential depths $U$. The left graphs are for the $s$-partial wave; the right graphs are for the $p$-partial wave. 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