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Song hums in 200m, 800m; Gabrielle upsets Tiana in 800m
By Mark Rabago
Ken Song momentarily traded his tennis racquet for running shoes and proceeded to run the fastest 200m and 800m in Northern Marianas Athletics' Track and Field Open Meet held last Saturday at the Oleai Sports Complex.
The Pacific Games gold medalist was the fleetest afoot in the 200m, crossing the finish line in 26.47 to beat out Orrin Pharmin (26.47) and Beouch Ngirchongor (28.98) in the men's open.
"Yeah I've never ran the 200 and I've never been a short distance runner so I was pretty shocked," Song told Saipan Tribune.
Theo Rodgers won the men's 18-and-under 200m with a time of 26.54 to nearly beat out Charles McDonald at 26.78. Third place in the division went to youngster Leon Dela Cruz at 27.66. In the masters 50-and-over, Kosuke Sato submitted a time of 28.02.
Song also topped the men's open 800m with a time of 2:19.10, followed by Edward Dela Cruz and Jalen Lucido who clocked in at 2:29.96 and 2:38.69, respectively.
Sildrey Veloria beat Theo Rodgers in the 18-and-under, 2:33.35-2:35.15. In the men's 50-and-over, Sato continued to defy Father Time with a second overall best of 2:22.37. Dr. Ron Snyder topped the men's 55-59 with a time of 3:18.17.
"I'm honestly more surprised I was able to win the 800 because I haven't been training running for about a year," said Song.
When asked if he will be giving up tennis for track in next year's Pacific Mini Games the CNMI will be hosting for the very first time, Song said he will try to do both.
"I'm not gonna switch but I will actually train track for the Mini Games," he said.
Gabrielle Race, meanwhile, was true to her last name and celebrated a triumphant return to the track by winning the 800m in an upset of rising star Tiana Cabrera.
The daughter of CNMI Sports Hall of Famer Jeff Race topped the women's open 800m after crossing the finish line in 2:41.66. Cabrera came in second overall and first in the women's 18-and-under in 2:45.59, while Anika Snyder was third overall at 3:02.57 and second in the open.
Race said winning the 800m came as a shock to her. "I was actually surprised. I haven't ran an 800m in five years or so since high school. I kind of just got out to have fun and see where I'm at thinking about the Mini Games next year. I'm thinking about it and I would like to run the 800m, 1,500m, 3,000, 5,000 whatever I can and who knows."
In the 200m, incoming Marianas High School senior Liani DLG Acosta continued to turn heads with a time of 29.42 to top all comers. She was followed in the women's 18-and-under by Cabrera at 32.36 and Maria Quitugua at 33.1.
She said topping the 200m was also a pleasant surprise considering she only started training for the event a few weeks ago. "I just pushed myself," she said.
Aside from the Friday's 800m and 200m, NMA also held events in the 3,000m last Friday and 100m, javelin, and discus last Saturday. Results of the latter three events will be published in the next issues of the Saipan Tribune.
Mark Rabago | Associate Editor
Mark Rabago is the Associate Editor of Saipan Tribune. Contact him at Mark_Rabago@saipantribune.com
Isaiah, Aoi top 1,500m open water swim
Training camp to gauge NMI U18's progress
LaHunn, Hannah named to Pacific Oceania Team
MHS 2 leads Bracket 1 of HS co-ed badminton
'Budweiser BASA had exceptional year'
Vandals strike anew at Cowtown Race Track
Tania breaks own 5,000m record
KobES, Tinian, Sinapalo, lead co-ed grass v-ball

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Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate
Daniel Mikhail Sigman, R. Robinson, A. N. Knapp, A. Van Geen, D. C. McCorkle, J. A. Brandes, R. C. Thunell
[1] Below its sill depth, the Santa Barbara Basin (SBB) is commonly suboxic ([O2] ̃ 3 μM), with only brief periods of ventilation. Associated with development of suboxia, the concentration of nitrate decreases with depth into the basin without an associated decrease in phosphate, indicating that a substantial fraction of the nitrate supplied to the basin is removed by denitrification. Coincident with the decrease in nitrate concentration across the "redoxcline" (the interface between oxic and suboxic waters) within the SBB, there is an increase in the 15N/ 14N of that nitrate, as would be anticipated from the isotopic fractionation associated with denitrification. However, the increase in 15N/14N of nitrate is much smaller than occurs in the open eastern tropical North Pacific (ETNP) for a comparable amount of nitrate loss. Both the concentrations of N species within the basin and measurements of nitrate 18O/16O suggest that the lowerthan-expected 15N enrichment in the suboxic SBB involves denitrification, rather than being due to some unknown source of low-15N/14N N to the deep SBB. Calculations with a range of models of nitrate supply and consumption indicate that the degree of nitrate consumption in the basin is too small for differences in water circulation to explain the isotopic differences between the Santa Barbara Basin and the open ETNP. Previous studies indicate that the isotope effect of sedimentary denitrification is negligible due to nitrate diffusion in sediment pore waters. Thus we infer that the small magnitude of the isotopic enrichment of SBB water column nitrate is due to the importance of sedimentary denitrification within the basin. Assuming that water column and sedimentary denitrification have isotope effects of 25 and 1.5 per mil, respectively, our results suggest that sedimentary denitrification accounts for more than 75% of the nitrate loss within the suboxic SBB.
Geochemistry, Geophysics, Geosystems
https://doi.org/10.1029/2002GC000384
Nitrogen cycle
North Pacific
Santa Barbara basin
10.1029/2002GC000384
Dive into the research topics of 'Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate'. Together they form a unique fingerprint.
Denitrification Chemical Compounds 100%
nitrates Physics & Astronomy 85%
Stable Isotope Chemical Compounds 84%
denitrification Earth & Environmental Sciences 68%
isotopes Physics & Astronomy 66%
stable isotope Earth & Environmental Sciences 65%
water column Earth & Environmental Sciences 62%
Nitrate Chemical Compounds 57%
Sigman, D. M., Robinson, R., Knapp, A. N., Van Geen, A., McCorkle, D. C., Brandes, J. A., & Thunell, R. C. (2003). Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate. Geochemistry, Geophysics, Geosystems, 4(5), [1040]. https://doi.org/10.1029/2002GC000384
Sigman, Daniel Mikhail ; Robinson, R. ; Knapp, A. N. ; Van Geen, A. ; McCorkle, D. C. ; Brandes, J. A. ; Thunell, R. C. / Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate. In: Geochemistry, Geophysics, Geosystems. 2003 ; Vol. 4, No. 5.
@article{6262fa5abc724096a5fe8c66267ad415,
title = "Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate",
abstract = "[1] Below its sill depth, the Santa Barbara Basin (SBB) is commonly suboxic ([O2]{\~ } 3 μM), with only brief periods of ventilation. Associated with development of suboxia, the concentration of nitrate decreases with depth into the basin without an associated decrease in phosphate, indicating that a substantial fraction of the nitrate supplied to the basin is removed by denitrification. Coincident with the decrease in nitrate concentration across the {"}redoxcline{"} (the interface between oxic and suboxic waters) within the SBB, there is an increase in the 15N/ 14N of that nitrate, as would be anticipated from the isotopic fractionation associated with denitrification. However, the increase in 15N/14N of nitrate is much smaller than occurs in the open eastern tropical North Pacific (ETNP) for a comparable amount of nitrate loss. Both the concentrations of N species within the basin and measurements of nitrate 18O/16O suggest that the lowerthan-expected 15N enrichment in the suboxic SBB involves denitrification, rather than being due to some unknown source of low-15N/14N N to the deep SBB. Calculations with a range of models of nitrate supply and consumption indicate that the degree of nitrate consumption in the basin is too small for differences in water circulation to explain the isotopic differences between the Santa Barbara Basin and the open ETNP. Previous studies indicate that the isotope effect of sedimentary denitrification is negligible due to nitrate diffusion in sediment pore waters. Thus we infer that the small magnitude of the isotopic enrichment of SBB water column nitrate is due to the importance of sedimentary denitrification within the basin. Assuming that water column and sedimentary denitrification have isotope effects of 25 and 1.5 per mil, respectively, our results suggest that sedimentary denitrification accounts for more than 75% of the nitrate loss within the suboxic SBB.",
keywords = "Denitrification, Nitrate, Nitrogen cycle, North Pacific, Santa Barbara basin, Stable isotopes",
author = "Sigman, {Daniel Mikhail} and R. Robinson and Knapp, {A. N.} and {Van Geen}, A. and McCorkle, {D. C.} and Brandes, {J. A.} and Thunell, {R. C.}",
doi = "10.1029/2002GC000384",
journal = "Geochemistry, Geophysics, Geosystems",
publisher = "American Geophysical Union",
Sigman, DM, Robinson, R, Knapp, AN, Van Geen, A, McCorkle, DC, Brandes, JA & Thunell, RC 2003, 'Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate', Geochemistry, Geophysics, Geosystems, vol. 4, no. 5, 1040. https://doi.org/10.1029/2002GC000384
Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate. / Sigman, Daniel Mikhail; Robinson, R.; Knapp, A. N.; Van Geen, A.; McCorkle, D. C.; Brandes, J. A.; Thunell, R. C.
In: Geochemistry, Geophysics, Geosystems, Vol. 4, No. 5, 1040, 05.2003.
T1 - Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate
AU - Sigman, Daniel Mikhail
AU - Robinson, R.
AU - Knapp, A. N.
AU - Van Geen, A.
AU - McCorkle, D. C.
AU - Brandes, J. A.
AU - Thunell, R. C.
N2 - [1] Below its sill depth, the Santa Barbara Basin (SBB) is commonly suboxic ([O2] ̃ 3 μM), with only brief periods of ventilation. Associated with development of suboxia, the concentration of nitrate decreases with depth into the basin without an associated decrease in phosphate, indicating that a substantial fraction of the nitrate supplied to the basin is removed by denitrification. Coincident with the decrease in nitrate concentration across the "redoxcline" (the interface between oxic and suboxic waters) within the SBB, there is an increase in the 15N/ 14N of that nitrate, as would be anticipated from the isotopic fractionation associated with denitrification. However, the increase in 15N/14N of nitrate is much smaller than occurs in the open eastern tropical North Pacific (ETNP) for a comparable amount of nitrate loss. Both the concentrations of N species within the basin and measurements of nitrate 18O/16O suggest that the lowerthan-expected 15N enrichment in the suboxic SBB involves denitrification, rather than being due to some unknown source of low-15N/14N N to the deep SBB. Calculations with a range of models of nitrate supply and consumption indicate that the degree of nitrate consumption in the basin is too small for differences in water circulation to explain the isotopic differences between the Santa Barbara Basin and the open ETNP. Previous studies indicate that the isotope effect of sedimentary denitrification is negligible due to nitrate diffusion in sediment pore waters. Thus we infer that the small magnitude of the isotopic enrichment of SBB water column nitrate is due to the importance of sedimentary denitrification within the basin. Assuming that water column and sedimentary denitrification have isotope effects of 25 and 1.5 per mil, respectively, our results suggest that sedimentary denitrification accounts for more than 75% of the nitrate loss within the suboxic SBB.
AB - [1] Below its sill depth, the Santa Barbara Basin (SBB) is commonly suboxic ([O2] ̃ 3 μM), with only brief periods of ventilation. Associated with development of suboxia, the concentration of nitrate decreases with depth into the basin without an associated decrease in phosphate, indicating that a substantial fraction of the nitrate supplied to the basin is removed by denitrification. Coincident with the decrease in nitrate concentration across the "redoxcline" (the interface between oxic and suboxic waters) within the SBB, there is an increase in the 15N/ 14N of that nitrate, as would be anticipated from the isotopic fractionation associated with denitrification. However, the increase in 15N/14N of nitrate is much smaller than occurs in the open eastern tropical North Pacific (ETNP) for a comparable amount of nitrate loss. Both the concentrations of N species within the basin and measurements of nitrate 18O/16O suggest that the lowerthan-expected 15N enrichment in the suboxic SBB involves denitrification, rather than being due to some unknown source of low-15N/14N N to the deep SBB. Calculations with a range of models of nitrate supply and consumption indicate that the degree of nitrate consumption in the basin is too small for differences in water circulation to explain the isotopic differences between the Santa Barbara Basin and the open ETNP. Previous studies indicate that the isotope effect of sedimentary denitrification is negligible due to nitrate diffusion in sediment pore waters. Thus we infer that the small magnitude of the isotopic enrichment of SBB water column nitrate is due to the importance of sedimentary denitrification within the basin. Assuming that water column and sedimentary denitrification have isotope effects of 25 and 1.5 per mil, respectively, our results suggest that sedimentary denitrification accounts for more than 75% of the nitrate loss within the suboxic SBB.
KW - Denitrification
KW - Nitrate
KW - Nitrogen cycle
KW - North Pacific
KW - Santa Barbara basin
KW - Stable isotopes
U2 - 10.1029/2002GC000384
DO - 10.1029/2002GC000384
JO - Geochemistry, Geophysics, Geosystems
JF - Geochemistry, Geophysics, Geosystems
Sigman DM, Robinson R, Knapp AN, Van Geen A, McCorkle DC, Brandes JA et al. Distinguishing between water column and sedimentary denitrification in the Santa Barbara Basin using the stable isotopes of nitrate. Geochemistry, Geophysics, Geosystems. 2003 May;4(5). 1040. https://doi.org/10.1029/2002GC000384


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Tag Archives: alt-country
Music, The Features, We Love Music
By Mickey 3:03 pm26 Jun 2014
We Love Music: Firefly Music Festival Pt. 3 (Dover, DE–6/21/14)
Sean Scanlon, vocalist of Smallpools (photo courtesy Firefly Music Festival)
Day three of the Firefly Music Festival on Saturday, June 21, focused mostly on new bands for me — finding such new bands always is the strength of well-organized festivals.
My day began with Smallpools, a quartet from Los Angeles, and their catchy pop songs on the Firefly backyard stage. Smallpools have not yet released a full-length album, but their most popular single, Dreaming (from a self-titled EP) is a very neo-psychedelic dance number that smacks of Foster the People and Passion Pit, as many others have observed. Vocalist Sean Scanlon demonstrated a good sense of humor when recounting a protest email the band once received about its name. Apparently, someone was unhappy that Smallpools would celebrate "small pools," which are not healthy for killer whales. In response, the band named a new song "Killer Whale."
Smallpools open for Neon Trees in a show at the 9:30 Club on July 13, but it's already sold out sadly!
Tags: alt-country, arena rock, beck, dreampop, firefly music festival, imagine dragons, lucius, ms mr, neo-pscyhedelia, Smallpools
By Mickey 12:22 pm13 Jan 2014
We Love Music: Camper Van Beethoven & Cracker @ 9:30 Club — 1/11/14
175 CamperVanBeethoven SXSW2013 Jester Jay Music
David Lowery brought both of his bands, Camper Van Beethoven and Cracker, to the 9:30 Club Saturday night for a mellow night of clever wordplay and occasional social jabs that form the crux of the music in the two outfits.
Billed as the "Come Down the Coast" tour, Lowery's double bill came very close to selling out the 9:30 Club, which was comfortably full of high-spirited concert-goers, nodding their heads along to very full sets of alt-country ruminations and reflections. Camper Van Beethoven played 18 songs, beginning with the oddly titled instrumental "ZZ Top Goes to Egypt." It was a good way to set the tone actually, introducing the audience to quirky titles and various musical textures that go into Camper Van Beethoven compositions
As Lowery sang and strummed along softly, drummer Frank Funaro added some punk-flavored kick, and violinist Jonathan Segel filled out many of the songs with classical flourishes. Funaro, who also is in Cracker, was the only person in the five-member Camper Van Beethoven who was not in the original lineup. Nevertheless, Camper Van Beethoven classics like "Take the Skinheads Bowling" now have less of a jangly sound to them when performed live these days and more layers and sophistication instrumentally.
Tags: 9:30 Club, alt-country, camper van beethoven, cracker
By Mickey 9:00 am09 Jan 2014
Hot Ticket: Cracker w/ Camper Van Beethoven @ 9:30 Club, 1/11/14
When I was an undergrad, "Low" by Cracker was absolutely inescapable on college radio. As a concert newbie, I ended up seeing one of my first shows off-campus during a visit to Salisbury, Md., where some friends and I caught a bill that included Cracker, Gin Blossoms and Spin Doctors (hey, I was young).
But my musical tastes always have run to being a bit more subversive in general. And so I was surprised to learn lately that Cracker's lead singer founded another, perhaps more subversive, band–Camper Van Beethoven. Vocalist and guitarist David Lowery (who also is a mathematician!) fronts Camper Van Beethoven, as he did before, after and now while also singing in Cracker. And this Saturday at the 9:30 Club, he has the luxury of opening for himself as Camper Van Beethoven takes the stage before Cracker!
In 2013, Camper van Beethoven released a new album, La Costa Perdida, and they are sure to perform new songs like the title track or "Northern California Girls"–an allusion to Cracker's home as well as the Beach Boys–and some of their classics, like "Take the Skinheads Bowling." Cracker released their last album, Sunrise in the Land of Milk and Honey, in 2009, but the band also has been working on new songs. Join me and hear it all in one spot!
w/ Camper Van Beethoven
Doors @6pm
Tags: 9:30 Club, alt-country, camper van beethoven, cracker, Ska


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Home > Article Review > The Power of Graur to Explode ENCODE Using Incision and Derision
The Power of Graur to Explode ENCODE Using Incision and Derision
by Neil Greenspan | Mar 30, 2013 | Article Review | 1 comment
The consortium of investigators known as ENCODE (ENCyclopedia Of DNA Elements) published, with much publicity, a series of about thirty papers last fall purporting to "identify all functional elements in the human genome sequence" (https://www.genome.gov/ENCODE/). Dan Graur, an evolutionary geneticist at the University of Houston, and his associates have published a paper in Genome Biology and Evolution (2013; online) challenging the assertion by the ENCODE investigators that 80.4% of the human genome can be considered functional (Nature, 2012). Graur's critique of the ENCODE claim is grounded in evolutionary principles.
The crux of Graur's argument hinges on the definition of "function" as this term is applied to elements of the human genome. He and his colleagues distinguish between what they term "selected-effect" function and "causal-role" function. Paraphrasing the authors, who cite a paper of Ruth Millikan's (1989) for this distinction, a selected-effect function can be associated with a particular genetic sequence if selection has maintained that sequence through generations so as to preserve the function, or a similar one, under consideration. A causal-role function, again paraphrasing, can be attributed to a genetic sequence if that sequence mediates or participates in an effect or interaction that can be experimentally observed, such as binding to a transcription factor. These concepts of function are similar to two concepts of function (termed "biochemical" and "genetic" function) I proposed previously (Greenspan, 1998) and (Greenspan, 2011).
Graur et al. argue forcefully that the ENCODE authors use the "causal-role" concept of function to arrive at their high estimate, 80.4%, for the proportion of the genome that is functional. They (the group from the University of Houston) suggest, for example, that the mere binding of a transcription factor to a portion of genomic DNA does not suffice to call that bit of the genetic material functional in a biologically meaningful way unless the transcription factor binding is accompanied by transcription and additional consequential effects on the cellular or organismal phenotype. In numerous cases, examples of genomic elements labeled as functional by the ENCODE authors do not meet such a standard.
In addition, the University of Houston group offer several additional criticisms of other aspects of the case built by the ENCODE authors. For the full explanation of these alleged errors by the ENCODE participants, the reader should consult Graur et al., but below I provide brief summary statements of a sampling of the criticisms offered by the geneticists from Houston.
1. Not only do the ENCODE authors use a flawed concept of function (i.e. the "causal-role" concept of function) they use it incorrectly and inconsistently.
2. There are a number of inconsistent statements by ENCODE authors in different publications pertaining to the precise estimate for the proportion of the human genome that is "functional."
3. The ENCODE Project Consortium makes claims for functional sequences corresponding to introns and transposons that correspond to frequencies of functionality that are not consistent with the estimates derived from earlier, independent analyses of these types of sequences.
4. The numbers and sizes of transcription factor binding sites are substantially overestimated.
5. Transcription is in part a stochastic process and some transcripts may be inconsequential, or nearly so, so that the mere fact of being transcribed does not justify an attribution of biological functionality.
6. Sites of methylation, histone modification, or open chromatin are not necessarily worthy of being labeled functional solely on the basis of those biochemical criteria.
I find the arguments of Graur et al. compelling overall, but it will be of interest to follow the response, if any, from the members of the ENCODE Consortium. In the meantime, I have to note that the complexities of biology are such that even the rigorous approach of Graur et al. needs to be questioned in certain respects. As an illustration of this point, I describe a few functions of DNA sequences that the geneticists from Houston may not have considered in advocating for the "selected effect" criterion for function and the associated non-permissiveness to mutation.
The first example is related to immunoglobulin variable (V) region gene diversification for both heavy (H) and light (L) chains. In humans and the favorite experimental animal of immunologists, mice, V gene diversity arises from multiple functional V genes, and other gene segments (D and J segments for H chains and J segments for L chains) rearrangements of genomic DNA that generate diverse nucleotide sequences through variation in the precise locations of the junctions, a process that randomly adds non-templated nucleotides at the junctions, and combinatorial pairing of H and L chains. However, in rabbits and chickens, there is only one V gene that can be transcribed and that V gene sequence is diversified in different B cells by gene conversion events involving different V pseudogenes (i.e., V genes that are not transcribed) that may tolerate more mutation than the V genes of mice and men (Kurosawa and Ohta, 2011).
A plausible mechanism, for which I have no documented examples, involves a DNA sequence that binds one or more transcription factors without leading to transcription. Such a sequence might truly be non-functional, but an alternative is that a function exists for this stretch of nucleotides by virtue of the ability of the sequence to compete for transcription factor binding with a second sequence from which transcription does proceed, thereby potentially regulating the extent of transcription from the second sequence. Of course, such a sequence that binds transcription factors without inducing transcription should be subject to selection in some degree.
Finally, a possible role for much DNA devoid of any obvious genetic or molecular biological function has been described in the context of host defense mediated by polymorphonuclear cells, also known as neutrophils. These leukocytes have been revealed (Brinkmann et al., 2004) to release into the extracellular space a complex material consisting of chromatin and granule proteins (Neutrophil Extracellular Traps or NETs) that immobilizes and kills bacteria and inactivates virulence-associated molecules. Thus, even otherwise nominally useless genomic sequences may contribute to fitness through this mechanism, once again illustrating the impressively opportunistic 'imagination' of the evolutionary process.
https://www.genome.gov/ENCODE/. Accessed on 3/16/13.
Graur D, Zheng Y, Price N, Azevedo RB, Zufall RA, Elhaik E. On the immortality of television sets: "function" in the human genome according to the evolution-free gospel of ENCODE. Genome Biol Evol. 2013 Feb 20. [Epub ahead of print] PubMed PMID: 23431001.
The ENCODE Project Consortium. An integrated encyclopedia of DNA elements in the human genome. Nature 2012; 489: 57-74.
Millikan RG 1989. In defense of proper functions. Philos. Sci. 56: 288-302.
Greenspan, N.S. Genomic logic, allelic inference, and the functional classification of genes. Perspectives Biol. Med. 1998; 41:409-416.
Greenspan, N.S. Attributing functions to genes and gene products. Trends Biochem Sci., 2011 36(6):293-297. Jan 24. [Epub ahead of print] doi:10.1016/j.tibs.2010.12.005. PubMed PMID: 21269834.
Kurosawa K and Ohta K. Genetic diversification by somatic gene conversion. Genes 2011, 2(1), 48-58; doi:10.3390/genes2010048.
Brinkmann V, Reichard U, Goosmann C, Fauler B, Uhlemann Y, Weiss DS, Weinrauch Y, Zychlinsky A. Neutrophil extracellular traps kill bacteria. Science. 2004 Mar 5;303(5663):1532-5. PubMed PMID: 15001782.
Dr Gordon Burton	on April 5, 2013 at 3:28 am
I am a simple physician and do not have the understanding of the finer details of how to identify functionality from the human genome. I find this fascinating and difficult to get my head around. I do have a few questions if anyone can answer:
It appears that instructions for specific areas of the chromosome eg genes, come from somewhere that is specific for a particular species of life form. It does not appear to be from a master plan for all life forms. Although there must have been an original simpler set of instructions for all the very early life forms.
Is there an area in the newly formed cell at the outset of development ie just after the final stage of mitosis, where the order or sequence of events to form a specific cell for a specific species originates ? If so is this within the chromosome compliment of the nucleus of the cell or outside the nucleus ? (ie there must have been an instruction to form the initial gene from the sequence of A T G & C which could not have come from the chromosome becuase chromosomes had not developed yet.)
Another question is – at what stage is the sequence of instructions started ?
Perhaps we should be looking for a specific substance that is unique to a species that initiates the whole process by switching on a gene that has the sequenced instructions to access other genes already on the genome in a specific way for each species. This may explain why alleles are switched on for specific species, but lie dormant in different species .
In my simple understanding I would equate this to a catalyst such as an enzyme that would be specific for each species.
Can anyone help ?


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2021 Oscar Nominations Revealed: See the Full List
Netflix dominates with Mank, Ma Rainey's Black Bottom, The Trial of the Chicago 7, and Hillbilly Elegy
Mank / Minari / Nomadland
Michael Roffman
March 15, 2021 | 8:00am ET
This morning, the Academy of Motion Picture Arts and Sciences (AMPAS) revealed the nominees for the 2021 Academy Awards. Priyanka Chopra and Nick Jonas announced the nominees virtually in a live telecast. Now in its 93rd year, the annual awards show honors cinematic achievements in the film industry.
Following its epic showing at last month's Golden Globes Awards, Netflix came out strong yet again, dominating the slate with top-tier nominations for Mank, Ma Rainey's Black Bottom, The Trial of the Chicago 7, and Hillbilly Elegy. In fact, David Fincher's historical drama leads the way with 10 nominations that include Best Picture, Best Director, Best Actor, and Best Supporting Actress.
Other favorites include Chloe Zhao's Nomadland, Shaka King's Judas and the Black Messiah, Darius Marder's Sound of Metal, Florian Zeller's The Father, Emerald Fennell's Promising Young Woman, and, yes, Lee Isaac Chung's Minari. After being relegated to solely International Film at the Golden Globes, Minari was vindicated by the Academy, nabbing nominations for Best Picture, Best Director, Best Actor for Steven Yeun, Best Supporting Actress for Yuh-Jung Youn, Best Original Screenplay, and Best Score.
Elsewhere, Chadwick Boseman was posthumously nominated for Ma Rainey's Black Bottom, Maria Bakalova secured a Best Supporting Actress nom for Borat Subsequent Moviefilm, Trent Reznor and Atticus Ross received two Best Original Score nominations for Soul and Mank, and Thomas Vinterberg snuck into the Best Director field for Another Round.
Minari's Steven Yeun on His Performance of the Year: "I Just Want to Keep Playing My Part"
Altogether, it's a noticeably progressive shift from the mostly white field of nominees in 2020 with plenty of diversity across the board. The fact that two female filmmakers are nominated for Best Director (Zhao, Fennell) — not to mention, the many nominations for female writers in both Screenplay categories — is admittedly a step up for the Academy. Historically speaking, Zhao is the first Chinese-American woman to be nominated for Best Director, while Fennell marks the first female filmmaker to be nominated for a feature directorial debut.
In terms of snubs, Jack Fincher's screenplay for Mank was curiously left out of its sweep, Regina King was passed over for Best Director for One Night in Miami…, and Spike Lee's Da 5 Bloods was virtually ignored save for Original Score. Those who campaigned hard for Delroy Lindo will no doubt be very disappointed this morning for the veteran actor.
Composers of the Year Trent Reznor and Atticus Ross: "It's Been an Intimidating Journey"
The full list of nominees can be found below as they are announced. Winners will be unveiled during a live gala at the Dolby Theatre in Hollywood, California on Sunday, April 25th, 2021, two months later than originally planned due to the COVID pandemic. Stay tuned to Consequence in the month ahead for more coverage.
Best Picture:
Best Director:
Thomas Vinterberg, Another Round
Chloé Zhao, Nomadland
Emerald Fennell, Promising Young Woman
Best Actor:
Steven Yeun, Minari
Best Actress:
Viola Davis, Ma Rainey's Black Bottom
Andra Day, The United States vs. Billie Holiday
Vanessa Kirby, Pieces of a Woman
Best Supporting Actor:
Sacha Baron Cohen, The Trial of the Chicago 7
Leslie Odom Jr., One Night in Miami …
Lakeith Stanfield, Judas and the Black Messiah
Best Supporting Actress:
Maria Bakalova, Borat Subsequent Moviefilm
Glenn Close, Hillbilly Elegy
Olivia Colman, The Father
Yuh-Jung Youn, Minari
Best Original Screenplay:
Judas and the Black Messiah, Will Berson and Shaka King
Minari, Lee Isaac Chung
Promising Young Woman, Emerald Fennell
Sound of Metal, Darius Marder, Abraham Marder
The Trial of the Chicago 7, Aaron Sorkin
Best Adapted Screenplay:
Borat Subsequent Moviefilm, Sacha Baron Cohen, Anthony Hines, Dan Swimer, Peter Baynham, Erica Rivinoja, Dan Mazer, Jena Friedman, Lee Kern & Nina Pedrad
The Father, Florian Zeller and Christopher Hampton
Nomadland, Chloé Zhao
One Night in Miami …, Kemp Powers
The White Tiger, Ramin Bahrani
Best International Feature Film:
Best Documentary Feature Film:
My Octupus Teacher
Best Documentary Short:
A Concerto Is a Conversation
Do Not Split
Hunger Ward
A Love Song for Natasha
Best Animated Feature Film:
Best Animated Short Film:
If Anything Happens I Love You
Yes-People
Best Live Action Short Film:
Feeling Through
The Letter Room
Two Distant Strangers
White Eye
Best Original Score:
Best Original Song:
"Fight For You" by H.E.R., Judas and the Black Messiah
"Hear My Voice" by Celeste, The Trail of the Chicago 7
"Husavik" by Molly Sandén and Will Ferrell, Eurovision Song Contest: The Story of Fire Saga
"Io Si (Seen)" by Diane Warren, Laura Pausini, and Niccolò Agliardi, The Life Ahead
"Speak Now" by Leslie Odom Jr., One Night in Miami
Best Production Design:
Ma Rainey's Black Bottom
Best Cinematography:
Judas and the Black Messiah, Sean Bobbitt
Mank, Erik Messerschmidt
News of the World, Dariusz Wolski
Nomadland, Joshua James Richards
The Trial of the Chicago 7, Phedon Papamichael
Best Costume Design:
Best Film Editing:
The Father, Yorgos Lamprinos
Promising Young Woman, Frédéric Thoraval
Sound of Metal, Mikkel E. G. Nielsen
The Trial of the Chicago 7, Alan Baumgarten
Best Sound:
Best Visual Effects:
Best Makeup and Hairstyling:
Atticus Ross
2021 Academy Awards
Chloe Zhao
Netflix Shares Full Trailer for Zack Snyder's Army of the Dead: Watch
Ryan Reynolds, Samuel L. Jackson and Salma Hayek Reunite in First Trailer for Hitman's Wife's Bodyguard: Watch
ArcLight Cinemas and Pacific Theatres To Close Permanently
Live-Action Gundam Movie Suiting Up at Netflix


Published April 4, 2018 at 902 × 694 in God Coloring Pages.
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This is the last day for optometrists and other providers to attest to meaningful use of certified electronic health record (EHR) technology, submit their data and qualify for a 2013 incentive payment, while avoiding a payment adjustment in 2015. U.S. Centers for Medicare & Medicaid Services (CMS) had previously extended the deadline from Feb. 28 to March 31.
As of this date, Microsoft will no longer provide the free security updates for Windows XP that protect your computer from malicious software (malware). If your practice accesses sensitive electronic Protected Health Information (e-PHI) on computers running Windows XP after the support end-date, that information could be at risk of being compromised and therefore might not be in compliance with HIPAA.
Windows XP operating computers will still function after the end of support date, though Microsoft advises users that these computers should not be considered protected. Optometry practices using Windows XP must perform a risk analysis and evaluate the potential for cyber-attacks that could access or corrupt e-PHI.


Mackinac Island, named by Native Americans for its shape as a turtle, is a northern Michigan island made famous by the Christopher Reeve and Jane Seymour movie, "Somewhere in Time". Just as the Victorian-period movie reflected, Mackinac Island has maintained its old world charm. Many of the buildings reflect Victorian architecture and there are only two ways to travel around the 9 mile island–by bicycle or horse drawn carriage. Join World Footprints as wel explore the island by horse drawn carriage today.
There are only two ways to travel to the island from the mainland–small plane or ferry. World Footprints had the pleasure of meeting Chris Shepler of Shepler's Ferry on one such journey between the island and the lower peninsula of Michigan. Chris shared the imporance of his family's legacy and Shepler Ferry's philanthropic mission. Chris also gave Tonya and opportunity to play Captain as she navigated the waters of Lake Huron at the helm.
Finally, World Footprints had a chance to meet representatives from a number of East Coast destinations at a Society of American Travel Writers (SATW) conference. We did a bit of speed dating with each travel destination to discover the special things that each offers to travelers. Pack your bags and stay tuned to see what adventures await.


text:
Q: Tenacious/Unsung Hero: does "zero score" mean "zero score EVER"? (There are some other questions here about these badges, but none I could find answered this question.)

Tenacious: Zero score accepted answers: more than 5 and 20% of total
Unsung Hero: Zero score accepted answers: more than 10 and 25% of total

Are the answers considered for the Tenacious and Unsung Hero badges required to have maintained a zero score, or only have a zero score at the time they were accepted (or some time period thereafter)?

A: A couple of points that I've got to make on achieving these badges.
You need to get 6 zero score accepted answers and less than 30 accepted answers in total to achieve 'tenacious' - and then you need to maintain them at that level for 7-10 days for the badge to be awarded.  I didn't get the badge after 5 accepted zeros.
I currently have 10 zero score accepted answers (out of a total of 36 accepted answers), and won the tenth in June - so you definitely need 11 zero accepted answers for 'unsung hero'; and then I'd guess that you wait for a week or so for some batch sql agent job to run round the more rarely awarded badges.
EDIT Just got 'Unsung Hero' for the 11th accepted answer with zero upvotes (out of a total of 38 accepted answers).  Took just over a week for the award after I became eligible.

A: No, it means "Zero score at the time the job runs that awards the badges".
I guess this is how it works, sometimes timing is important:
Suppose you've got 30 Answers, 5 with 0 votes and 25 with upvotes. You don't get a Tenacious badge due to the "more than 5" rule.
Scenario 1:

*

*One of the 25 upvoted answers gets downvoted to zero score (at this point you qualify)

*The job that awards the badge runs: Badge awarded

*Your answer is upvoted again (or downvoted further), now you don't qualify anymore, but you keep the badge.

Scenario 2:

*

*One of the 25 upvoted answers gets downvoted to zero score (at this point you qualify)

*Your answer is upvoted again (or downvoted further), so you don't qualify anymore.

*The job that awards the badge runs. You don't get the badge awarded, even though you were elegible to get it somewhere inbetween.

Of course, the usual scenario would be to gain the badge for a newly accepted zero score answer instead of a downvoted one, but this kept the scenario of getting/not getting simpler I thought. The timing issue may or may not arise, this depends on how often the badge awarding jobs run. Since I've had badges that took a day to appear, this may come into play in some cases.

A: No ... we do not take away these badges, if you happen to get votes on the question after you get the badge, you will retain the badge.

redpajama_set_name: RedPajamaStackExchange


Photo credit: EsotericSapience. Richard McFarthing, a homeless vet living on the streets of Hollywood Boulevard.
This entry was posted in Home Matters and tagged Home Matters, Homelessness, Raphael Bostic, Veterans. Bookmark the permalink.


text:
130 West 86th Street, Apt. 5C, Sales Price, Co-op, Broadway Corridor, NYC
CityRealty > New York City > Upper West Side > Broadway Corridor > 130 West 86th Street >
Apt. 5C
130 West 86th Street, #5C
Last Sold on Jan 8, 2020 for $1,270,000 This was 1.9% less than the last listed price of $1,295,000
About 130 West 86th Street
130 West 86th Street has received a CityRealty Rating of 50, based on:
Allowed and Present 0 out of 2 points
Attractive / Pleasant 3 out of 5 points
Impressive 3 out of 4 points
Quite Stylish 3 out of 5 points
Minimal 1 out of 2 points
Pre War
Open for Immediate Occupancy: 1-4 bedroom fully automated smart home condominiums priced from $1.25M. View Property
Front & York
At York Street corner of Front Street
Manhattan views and Brooklyn character, 1 - 4-bed condos from $965K, 150,000-sf of indoor and outdoor amenities.
Studios starting at $0
1 beds starting at $955,000


This is fabulous Sassy. I love the cool image and the colours are brilliant.
I hope you have a good weekend and a fabulous week off work with plenty of rest.
Wow fabolous fun boys card Sassy!!
Brilliant card Sassy, I like the image the stars the paper and the ribbon.
Perfect card for a teenager.
This is a fab card love the glittery numbers and always a stunning card.
A fantastic card. I like the paper. Enjoy your time off.
A fabulous card for a teenager, great colours and image!
I find male cards really tough! Your 16 card is amazing! What a great theme. You did this challenge proud!
fantastic card Sassy, love the colours!


text:
Kanye West painted silver for latest opera
WENN.com
Kanye West was covered head-to-toe in silver for his latest opera, Mary.
The rapper's most recent venture took place on Sunday (December 8, 2019) at the Miami Marine Stadium and was accessible only via motorboat.
As was the case with Kanye's previous opera last month, which received mixed reviews for its late start time and rough acoustics, the performance began after a one-hour delay at 4pm.
Staged on a floating barge at the Key Biscayne waterfront, the chorus stood between sand-colored mounds and reenacted excerpts from the biblical books of Matthew and Luke.
However, while the Gold Digger hitmaker only narrated his last opera, Nebuchadnezzar, he was painted in silver body paint and wearing a matching tunic for this week's performance, as he read gospel passages aloud and appeared as part of the physical interpretation.
The chorus of performers were similarly dressed, and delivered new arrangements of older Kanye songs, including Devil in a New Dress, Love Lockdown, Power, I Thought About Killing You, and Can't Tell Me Nothing. Christmas classics including O Holy Night and Gloria in Excelsis Deo were also performed.
Mary ran for approximately one hour and, as the performers left the stage, they were whisked away via a motorboat, according to Variety.
The opera is the latest project in which West has embraced his Christianity, as he has staged his Sunday Service gospel performances across the U.S., and is reportedly planning to team up with preacher Joel Osteen to stage a huge sermon at New York's Yankee Stadium in the coming months.
#Can'tTellMeNothing.ChristmasclassicsincludingOHolyNight
#DevilinaNewDress
#GloriainExcelsisDeo
#IThoughtAboutKillingYou
#KanyeWest
#LoveLockdown
#Mary
#Nebuchadnezzar


I am a happily married, Catholic, artist & photographer who loves to honour our Lord and Lady with my works! If you see a design in the "Designs Not for Sale" section that you want to buy, please drop me a line and I will make it available ASAP.
Sunflower Orange Solid Color. This lovely solid color was "picked" from a photo of an actual Sunflower.


It's no news that the internet has become vital to the most common needs of people. Whether they're searching for information or a specific service and product, it's easier to find out more about what they're looking for with the use of the internet tools and devices currently being offered. It's also something that commercial markets understand. Hence, you can see that there's a steady rise in the number of websites currently being used. Because of this, it's easier to look for the services needed.
If you're in need of an effective plumbing service, you only need to search for it. Of course, traditional means for search can also work. But it's more beneficial to consider the presence of the internet and use the websites for plumbing.
A business aiming to provide better services will seek out new means on how to offer the right options for their clients. This specific shift in the commercial industry is one of the most noticeable and useful steps.
The company that is aware of what the market needs is also observant of what type of services is expected of them. The consumer can expect a lot from their performance since they spend a serious amount of time studying the current trends and keeping up with the new things that their clients require.
As many people want to use the internet for their common needs, it's more convenient if they have a website that their clients can refer to. Having a website means that they can easily search for the basic information regarding the company. This would include the information about the list of services they provide, their current rates, what other clients say about their services, and many more. The consumers don't have to spend too much effort in physical research.
Internet access means easy contact. Emergencies can occur. Other households aren't exactly fond of having a telephone or a mobile phone. It's best to offer the clients different means of contact. This isn't just going to benefit the company but the consumers as well.
Simply put, doing this allows you to evaluate the capacity of the company as a whole.
Not sure where to start? By clicking this https://www.plumbers4realatl.com/service-areas/marietta/, you'll be redirected to one of the best plumbing service providers in Metro Atlanta. It's quite difficult when you're not aware of where to begin your search. At least with this, you'll have the required reference needed.


Theoritical investigations have been made to calculate the nucleatiion thermodynamical parameters like interfacial energy,critical energy barriers and nucleation rate of L-Arginine tetrafluroborate using the solubility data and applying the classical nucleation theory . in the present study both classical nucleation theory and modified classical nucleation theory have been employed to study the nucleation parameters of L-AFB crystal using various solvents water, acetone & ethanol. A comparative study has been made with respect to the solvents and the results are analyzed the successful growth of large size crystals of good quality L-AFBby gradual temperature lowering technique using suitable solvent, requires knowledghe of fundamental nucleation parameters that influence the growth in super saturation. In other words optimum crystallization processes can only be accomplished if proper super saturation level and suitable solvent chosen during the growth technique is decided by the theoretical estimation of nucleation parameters based on the classical and present theory. Results are dissussed to understand the growth kinetics of L-AFB crystals from low temperature solution growth .
L-AFB, nucleation parameters, NLO materials, interfacial energy, solubility data, low temperature growth.
Recent research has concentrated on semi organic materials due to their large nonlinearity high resistance to laser induced damage ,low angular sensitivity and good mechanical hardness .L-AFB is an organic –inorganic NLO material which not only possess the high optical non-linearity of a purely organic compound but also the favorable thermal and mechanical properties of an inorganic compound. L-AFB crystallizes in orthorhombic space group P212121 with Z=4. The molecular formula of L-AFB is C6H13N4O2BF4. The unit cell lattice parameter a=13.728,b=16.447,c=5.062,c=5.062 and 􀟙 = 90􀬴,􀟚 = 90􀬴, 􀟛 = 90􀬴 and cell volume 1143. Th ebulk single crystal of L-AFBis one of the potential material through out the visilble and UV spectral region. The dipolar nature exhibits peculiar physical and chemicl p0roperties in amino acids, thus making it ideal candidate for NLO applications. LAFB is a new semi organic NLO material grown from solution by temperature lowering method. The solubility curve of L-AFB has been determined using different solvents to study the nucleation kinetics of this semiorganic material. The two kinetics steps, nucleation and crystal growth dominate the production process of crystalline material. With regards to characteristics of the material , nucleation is the first of the two kinetic steps usually has a strongly predetermined influence on the second step crystal growth .in the present study, the interfacial energy of the crystal –solution system has been calculated based on the regular solution theory. The nucleation is assumed to occur well within the mother phase and therefore the theory of homogeneous nucleation is applied in which the nuclei of the condensed phase in solution are considered to have spherical shape. The classical nucleation theory makes use of capillarity approximation in which the physical properties such as interfacial energy density chemical potential etc., are assumed to be constant throughout the process from micro to macro level.
Where d is the interionic distance(6􀟛⁄􀟨)􀬵 􀵗􀬷, 􀟛 is specific volume,􀝔􀯠 is the mole fraction of the solute, T is the absolute temperature in Kelvin and k is the Boltzmann constant. The above expression is used in the present study to calculate the value of interfacial energy from the knowledge of the existing solubility data.
The nucleation is assumed to occur well within the mother phase and therefore the theory of homogeneous nucleation is applied in which the nuclei of the condensed phase in solution are considered to have spherical shape. The classical nucleation theory makes use of capillarity approximation in which the physical properties such as interfacial energy density chemical potential etc., are assumed to be constant throughout the process from micro to macro level.
1. M.H.Jiang, D. Xu, G.C.Xing , Z.S.Zhao, Synth. Cryst.3-4(1985)I.
2. W.B.Hoi, M.H. Jiang, D.R.Yuan, D. Xu,N,Zhang, M.G.Liu, X.T. Tau, Mater.Res Bull.28(1993)645.
3. S.G.Bhat, S.M.Dharmaprakash, J.Crystal Growth 81(1997)390.
5. G.R.Meredith,in:D.J. Williams Ed,Nonlinear optical properties of organic and polymeric materials,ACS Symposium Series 233,Wasington D.C.,1982,P.27.
6. D.Jayaraman, C.subramanian, P.Ramaswamy, J.Mater.Sci.Lett.8(1989)1399.


I'm pretty sure I once read an interview with Rick Valentin of rock bands Poster Children and Salaryman in which he talks about another interview he did which inquired about the song naming process for Salaryman. Salaryman songs have no lyrics, so where does a name come from?
I prefer instrumental music. Usually. A good instrumental song is more interesting than a good song with lyrics. Listening to instrumentation is better than listening to a story. Or so I keep telling myself, perhaps because I can neither sing nor write words.
But names. After four hours of listen to music, if three were all instrumentals and one was music with lyrics, chances are I'd be able to list the names of more songs with lyrics than without. I tend to never look beyond the typographic characteristics of track listing on album art and without lyrics (often even with) I never learn them – "Number five on this album is awesome!" And that's the best I know.
That quote I swear I read, perhaps I heard it on the Radio Zero podcast he co-hosts. Another reason for text equivalents of all content.


Services – Insolar Window Treatments, Inc.
too large or too unique.
Manual or motorized roller shades? Shade cloth; 1% opening; 3% opening? Fascia or pockets? Does this room require blackouts with side and sill channels or just room darkening shades? What's the difference? Where will this fit in my budget?
These are just some of the question Insolar Window Treatments can help you with when determining the scope of your project. Our team will meet with you to discuss all aspects of Window Treatments to make your project a success!
Our experienced estimating department will provide accurate and competitive proposals in a timely fashion. If alternates are allowed, Insolar can provide multiple options to meet project budgets.
When time allows, our estimators will attend prebid/walkthrough meetings to assess the complexity of the project to give you the best possible solution.
Our estimators attend our vendor partner's training sessions on a yearly basis to be up to date on the ever changing landscape of window treatments.
On time, on budget and done right the first time. This is what our team of Project Managers strives for on all projects, large or small. From the initial kick off meeting to field measurements to installation Insolar will take your put your mind to ease.
When problems arise, our Project Managers will assess the problem, notify you and give you solutions.
When a project is awarded, Insolar's in-house CAD department can provide shop drawings, head details and wiring diagrams customized to your project.
Submittals are provided in a timely manner.
All projects installed by Insolar come with a 1 year warranty on the installation. Any problems or issues that arise within the first year, Insolar will respond in a timely manner.
Many times manufacturer warranties on fabric and components last longer than a year. Upon project completion Insolar will be happy to discuss options on maintenance programs or repairs on an occurrence basis which occur after the first year.
When required, Insolar Window Treatments can provide bid bonds along with payment and performance bonds with top rated carriers.
Our insurance coverage levels are more than adequate for Division 12 projects. Our carriers are top rated and have the ability to provide certificate of liability insurance with the proper named / additional insureds and endorsements.
Final and partial waivers of liens will be provided upon request.
With Insolar's extensive installer network we can provide both Union and Non-Union labor for your project.


New updated Salt Talks! Our experinece has shown that our Smoked Sea Salt flavor is one of our best sellers of all time, so we are transforming Salt Salks into a trio of dark, milk and white shells all filled with this fantastic flavor. To create a burst of salt, we sprinkle coarse crystals of sea salt smoked over Welsh oak into the shells. Now you can have a box of all dark chocolate shells.
New updated Salt Talks! Our experinece has shown that our Smoked Sea Salt flavor is one of our best sellers of all time, so we are transforming Salt Salks into a trio of dark, milk and white shells all filled with this fantastic flavor. To create a burst of salt, we sprinkle coarse crystals of sea salt smoked over Welsh oak into the shells. Now you can have a box of all milk chocolate shells.
New updated Salt Talks! Our experinece has shown that our Smoked Sea Salt flavor is one of our best sellers of all time, so we are transforming Salt Salks into a trio of dark, milk and white shells all filled with this fantastic flavor. To create a burst of salt, we sprinkle coarse crystals of sea salt smoked over Welsh oak into the shells. Now you can have a box of all white chocolate sheels.
New updated Salt Talks! Our experinece has shown that our Smoked Sea Salt flavor is one of our best sellers of all time, so we are transforming Salt Salks into a trio of dark, milk and white shells all filled with this fantastic flavor. To create a burst of salt, we sprinkle coarse crystals of sea salt smoked over Welsh oak into the shells. Now the 6-piece box is avaialbe in all dark chocolate shells.
New updated Salt Talks! Our experinece has shown that our Smoked Sea Salt flavor is one of our best sellers of all time, so we are transforming Salt Salks into a trio of dark, milk and white shells all filled with this fantastic flavor. To create a burst of salt, we sprinkle coarse crystals of sea salt smoked over Welsh oak into the shells. Now available as an all milk chocolate box.
New updated Salt Talks! Our experinece has shown that our Smoked Sea Salt flavor is one of our best sellers of all time, so we are transforming Salt Salks into a trio of dark, milk and white shells all filled with this fantastic flavor. To create a burst of salt, we sprinkle coarse crystals of sea salt smoked over Welsh oak into the shells. Now available as an all white shell box.


Now that the headlines are filled with doom and gloom about housing and the U.S. economy, I am a stock market Bull. What?! Does that mean I really think the economy is healthy and all the negatives will magically vanish? No, it just means I respect trends and countertrends.
Here's the key illusion to get past: that any market cares about fundamentals. Housing did not double and triple in a decade based on fundamentals of supply and demand-- it tripled on speculative fever. Ditto for every bubble in every era. Demand for petroleum did not suddenly exceed supply in the past 3 months, causing oil to shoot from $70/barrel to $98/barrel--it was driven up by speculators/managers buying oil futures.
Markets respond to sentiment, not fundamentals. And whether we like it or not, the human mind prefers habits of thought. One habit is a desire for change and novelty and a distaste for calm. Thus markets tend to swing from negative sentiment (fear/anxiety) to positive (greed/euphoria).
Like our brethren species the rat, we habituate quickly to what works. The rat soon learns the blue button issues a food pellet and the red one triggers an electric shock. In a similar manner, with the exception of a brief period in 2001-2002, investors and speculators have been amply rewarded for "buying on the dips." Betting against the market can be rewarding during brief countertrends/reversals, but since the emergence of the Great Bull Market in 1982, 25 years ago, buying on the dips as been rewarded as regularly as hitting the blue button for a food pellet.
Along with many others, I have been posting for several years now about the structural problems in the U.S. and global economies, focusing on the inevitable crumbling of the global housing bubble. All of this remains true, but the markets march to different drummers-- other traders and the mad swirl of sentiment.
As soon as everyone everywhere is spouting doom and gloom, the market will surge up. And just as predictably, when everyone is singing the everlasting praises of the economy, then the market is poised for a vicious decline. It's called contrarian investing, and it simply mirrors human psychology.
Isn't the economy sliding into a prolonged recession? Yes. Won't that eventually effect the stock market? Yes. But the long-rewarded habit of buying on the dips will take a few years to be behaviorally modified; only after several years of repeated losses will speculators/investors hesitate from buying on the dips. 25 years is a long time; most traders/investors cannot recall what a Bear Market feels like because they weren't trading 30 years ago.
Interestingly, the long-term Fibonacci 38.2% extension on the NDX lies around 2,300-- meaning that there are purely technical reasons for suspecting that level will act as an attractor, drawing the NDX up to a new high at 2,300, regardless of the lousy fundamentals of the U.S. and global economies.
This kind of analysis tends to keep us honest as investors by calling our assumptions into question. Is there a guarantee than the NASDAQ 100 will shoot up to a new high at 2,300? Of course not, but the possibility should be considered.
Thank you, Richard S., ($10), for your kind contribution to this humble site. I am greatly honored by your readership and support. All contributors are listed below in acknowledgement of my gratitude.


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NGO Registry
Proposal Repository
Donation Aggregator
The Global NGO Registry
The Global NGO Registry was started by Sudesh Kumar Foundation (SKF), London in 2009. It has been maintained by Ozg with the support from SKF. The Global NGO Registry maintains an extensive database of NGO / Nonprofits and Social Businesses for the interest of funding agencies / corporate donors / grant making organizations / consultants / investors / researchers / international development research centre and government's planning department.
Can all NGO apply for Registration into The Global NGO registry?
No, only established* NGOs (Trust, Society, Charity, Nonprofits and Social-Business Companies / Institutions) are eligible to apply for registration into The Global NGO Registry.
*Established NGO - who have completed at least three financial years with good functional record since, the date of registration into local government's NGO registry.
Why to apply for Registration into The Global NGO registry?
=> By getting registered into The Global NGO Registry an NGO increase the chances of being funded or supported by funding agencies / grant making organizations / CSR / corporate donors for its projects / program.
=> By completing registration at The Global NGO Registry, your NGO supports to the entire grant making process to be easy. It does save the time and money invested by funding organization into pre-funding process.
=> Also, registration into The Global NGO Registry makes every NGO entitled for any FREE services or subscriptions provided by SKF and value added services by its partner organizations or companies.
Fees and charges for Registration -
There are no fees or charges for registration into The Global NGO Registry. Registration and updating data cost has been covered by Sudesh Kumar Foundation, London.
How long does it take to register into The Global NGO Registry?
80 percent of registration has been completed between one to two weeks.
Who can access the complete details of Registered NGOs?
International or National Funding agencies / corporate donors / grant making organizations / funding consultants / social-investors / researchers / international development research centre and government's planning department.
Application for Registration –
There are two steps in order to complete the registration into The Global NGO Registry.
STEP – 1
Add (+) 1 > Gmail / Gtalk: registration@ngoregistry.com
Add (+) 2 > facebook.com/ngo.registry
Please, email the following documents (Total 7 Files in ATTACHMENTS) only to: registration@ngoregistry.com
ONE WORD FILE -
(1) Word file of the complete profile of NGO including details of all kinds of registrations / licenses / approvals.
(2) Word file of brief details (Full Name + Date of Birth as DD/MM/YYYY + education + work experiences) of all paid staffs whether full-time or part-time (Provided details should be checkable whenever needed).
ONE+ONE=TWO PDF FILES -
(3) PDF copy of Auditing reports of last two financial years. (Note: scanned copy of Auditing reports from paper copy can only be acceptable if it is clearly readable).
ONE+ONE=TWO WORD FILES -
(4) PDF or Word file of Annual reports of last two financial years (Provided contents should be checkable whenever needed).
(5) Please, copy & paste following form in WORD file, complete it then send it with above documents.
==> Name & Brief Details of Board / NGO Management Members.
..................................................................................................................
==> NGO - Full Name and Postal Address including post code.
...........................................................................................................
==> 4-Names in Management team - designation & contact details.
==> NGO's Official Email Address (s) & Website.
....................................................................................
==> NGO's Official Mobile Number (s) and main landline no.
........................................................................................................
==> Total foreign funds RECEIVED in last 3 years.
==> Balance Sheet Figures (in local currency) for last 3 years.
==> Income Tax Registration (PAN) # and Year of Registration.
==> Foreign Contribution Registration (FCRA) # and Year of Registration.
==> No. of full-time paid Staffs / locations.
==> Local Bank A/c No., Signatory and Bank Address & Phone no.
...................................................................................................................
www.ngoregistry.com
Get in touch with S.K.F Regional Cohort to empower your organization
FCRA Registration Online for Sirmaur NGO
As per amended Foreign Contribution Regulation Rules (FCRR), 2015, all applications for FCRA registration, FCRA prior permiss...
Donation Aggregator in Sirmaur NGO
By using DonationAggregator you can make (or receive) donation for a cause of your choice in any of registered NGO / Nonprofit / Charity...
Inter-NGO Donation in India
Inter-NGO Donations DONATION TO ANOTHER NGO 01 => It has been held in various cases that donation made ...
NGO Registry in Sirmaur, Himachal
Proposal Repository proposalrepository.com What is the proposal repository? The Proposal Repository is a searchable on...
Cancellation of FCRA Registration, if NGO could not get foreign fund
If NGO would not find foreign funding agency for any projects / activity, in old FCRA - 1976 , an NGO needed to fill NIL FC-3 ret...
FCRA RETURN - PENALTY FOR LATE FILING
Ozg FCRA Consulting Delhi | Mumbai | Kolkata | Bangalore | Chennai Email: ask@fcra.in To book an appointment, please visit to: o...
NGO for CSR Projects - Company Act, 2013, India
Ozg CSR Experts Delhi | Mumbai | Bangalore | Chennai Phone # 098-735-09314, 098-735-23276, 098-715-62842 The gov of India...
Proposal Repository in Sirmaur, Himachal
The Global NGO Registry The Global NGO Registry was started by Sudesh Kumar Foundation (SKF), London in 2009. It has been maintaine...
FCRA Compounding Lawyer for Sirmaur NGO
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text:
Customer Spotlight- Mr. B's Necessities
by Melanie Neff
Born from a collection of baby jars
Sometimes, a big milestone in life lends itself to the beginning of a new venture. Just ask Shem and Lara Gott, the duo behind Mr. B's Necessities.
Shem and Lara started Mr. B's by turning used baby food jars into a business.
Back in 2012, the couple was going through so many jars of baby food after their son Abraham was born, they decided to start using them to make candles for their friends instead of throwing them away. Those small gifts became a big hit. And with encouragement and a lot of help from friends, a business was born.
They got a storefront and started building wholesale and online retail featuring their 100% plant-based candles. Now today, Mr. B's is flourishing. Their small-batch, all-natural handmade product line has grown to include everything from shampoos, deodorants, and charcoal soaps to lip balms and aromatherapy roll-ons.
Simple, clean & warm
While Shem has big plans for Mr. B's, he gravitates toward a small business look and feel. The company is 100% family-operated. The company name is his son Abraham's nickname. And he wants his customers to know that. He wants them to know where their products are coming from and who is making them.
"I make every single product, " Shem said. "But, I kind of like that—literally touching every product we make in order to make sure that it's really high quality."
So, it comes as no surprise that Mr. B's brand image is simple, clean, and warm.
"We wanted our tagline, 'Scented by Nature,' to look hand-drawn, almost like calligraphy," Shem said. "It's a feminine brand, but the label draws a little bit from masculine roots, my son and myself."
The evolution of packaging
Simple and sleek, Mr. B's packaging has come a long way since the beginning. The company started by using small tags attached to apothecary jars. To get a cleaner, simpler look they moved to placing labels directly on the containers.
Mr. B's candles use rectangle labels with a clear film finish for a fresh, no-label look.
As for his full product line, he attributes a large part of his success to presentation.
"I think the psychology of a shopper is [such] that they simply need to see the product and have an immediate, emotional response to it," he said. "That first initial pop, which comes from the label, is 90 percent of the emotional attachment."
Finding the perfect fit
Presentation isn't the only reason Shem likes WePrint labels—especially those with white and clear film finishes. The moisture-resistant material is a huge plus, especially for items like aromatherapy roll-ons that can have oil run down the side of the container. With film labels, there is no smearing of ink like with some other labels.
Along with durability, the wide variety of shapes and sizes available is also important to Shem.
"I don't have a ton of items, but I have a small army of containers," he said. "Can I get a clear label? How about matte or gloss? Sometimes, I need a round label, other times rectangular. It's all about versatility."
When asked if he had any words of wisdom for those new entrepreneurs, Shem spoke of starting small.
"In the beginning, I would buy big," he said. "I'd buy 10,000 labels, spend a whole lot of money, and then I'd end up throwing half the labels away if I rebranded or changed a sentence."
Now, Shem operates with a greater degree of foresight. He uses sheet labels so he can order lower quantities and make changes when needed, and roll labels for larger orders.
"I save my templates directly to Avery, then have [them] printed and shipped to me."
Shem has his eye on the prize including accounts with Sprouts or Whole Foods and the ability to fill large-scale orders.
"That sort of has to be the direction for any craft-based business in order to be sustainable," Shem said.
But true to Mr. B's roots, Shem has other smaller aspirations, too.
"It's so important to maintain that heart, that life, that smallness," he said, "which is really at the core of good quality."
To learn more about Mr. B's Necessities check out mrbsnecessities.com.
Author: Melanie Neff
Melanie has an extensive writing background built on an impressive journalism foundation. As a journalist for USA Today and The Los Angeles Times for almost 20 years, she covered everything from the Los Angeles riots, fires and floods to LA Lakers and Clippers games and movie premieres. She followed her newspaper career with a long tenure covering commercial real estate financing and development. Melanie has currently been writing about small business marketing and labeling needs for the past 10 years. She thrives on reading, researching and expanding her knowledge of everything going on in today's business world and looks to provide the most valuable information she can to her readers.	View all posts by Melanie Neff
eight − three =
How To Design a Website for a Great User Experience
Best Online Marketplaces to Sell Products
How To Make Your Own Product Labels
Label Materials


Are these Bad Plugs And Wires?
Any thoughts on Champion Copper Plus spark plugs and BWD Select SUPERMAG wires for my 2005 N/A 2.4L with 90K miles on it?
I was at O'Reiley yesterday morning and I had them look up plugs and wires for my car, and the manager (who was helping me) said to use the Champion plugs instead of Bosch because, "You should never put a foreign plug in a domestic car."
Since I hadn't had my morning coffee first before going to O'Rilley, my B.S. detector wasn't up to speed. Now, several cups of coffee later, I have the sneaking suspicion that he had been talking out his hind.
Oh, and while you are here, what should the gap be for the sparkplugs? I live in Northern California and the climate is very mild (rarely below 50, rarely above 80). I mostly do town / city driving, if that matters. Most trips are under 5 miles.
Last edited by myjeephatesme; 24 Jun 2014 at 03:44 pm.
Re: Are these Bad Plugs And Wires?
Sooooo did t stores manager realize that a PT Cruiser is manufactured in Mexico?
I recommend Champions myself. I stock them as well install them in customers PT Cruisers.
BWD spark plug wires are just fine!
Your gap to adjust them is either leave them as (Champion Copper single ground electrode plugs) they come out of the box simply compare them to make sure they are all the same gap . Or adjust them .035-.042. Anything less or more than this if later you have problems you listened to DIYrs and not a "Auto Technician" !
Make sure to use a tad bit of anti-seize on the plugs threads but don't get carried away with it. And on the wire boots and coil pack terminal end boots a smedge of dielectric grease.
Do NOT lean on other engine parts while you are doing this simple task. This will save you the problem to find later you broke a connector to something important.
DO NOT over tighten the spark plugs. Read and follow EXACTLY what is on the Champion box.
While the spark plug wires and spark plugs are out if you have a compression gauge now is a perfect time to see of your engine is mechanically speaking. Also take and look down in the spark plug tube for oil or any debri.
Last edited by NitroPT; 24 Jun 2014 at 04:03 pm.
yes, he did recommend to use only a TINY bit of anti-seize and dielectric grease. And he did say that people usually put on WAY to much.
"While the spark plug wires and spark plugs are out if you have a compression gauge now is a perfect time to see of your engine is mechanically speaking. Also take and look down in the spark plug tube for oil or any debri."
many kits all the time on ebay for under 22 free shipping.
Also pretty much all the time at HF.
It is always a good idea to know the condition of your engine. The next time you do plugs with some baseline info you may be able to correct a problem before it worsens?
I always love the idiotic things I hear from parts guys. A Bosch will work fine, as a matter of fact, they will work great. I have used them for years in my PT, I use the Platinum Plus 4s. The Champion is a good plug too, nothing wrong with them or the wires. The idea that you cannot put a "foreign" plug in a domestic car is ridiculous, it isn't like the spark is in a different language and it isn't like video where it is in a different format, it is a spark, period.
cruserdad1976 and myjeephatesme like this.
"The idea that you cannot put a "foreign" plug in a domestic car is ridiculous, it isn't like the spark is in a different language and it isn't like video where it is in a different format, it is a spark, period. "
Oh, he had a PERFECTLY LOGICAL reason not to put a foreign plug in a domestic auto: "They just don't SEEM to work well together."
You just can't argue with "gut feeling." And even if you could, would you really want to?


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After yet another frustrating series against the Braves, New York Mets fans were reminded yet again how an organization is built. When will the gang in Flushing finally realize how to sustain success? They only need to look south.
On Tuesday night the Braves once again completed a late-inning rally against the New York Mets beleaguered bullpen. Going back to the early 1990s, it seems the good times never end for the fans in Atlanta against the boys from Queens. Why does this keep happening? In a season where the Mets were supposed to contend and the Braves continuing to rebuild, the opposite is happening.
At one time the Atlanta Braves were the laughing stock on the National League. After a shocking division title in 1982 that produced a three-game sweep by the Cardinals in the NLCS, the Braves averaged 94 losses a season from 1984-90. However, since then the Braves organization has been one of the best in professional sports.
Since going from worst to first in 1991, the Braves have only suffered six losing seasons and reached the postseason 17 times. Entering this season Atlanta was in one of their worst tailspins since the 1980s, suffering four straight of those six losing seasons. However, like they did after suffering a minor set back from 2006-08, the Braves are back with a vengeance this season, erasing late-inning deficit after late-inning deficit with their primary target being their old whipping boy the New York Mets.
This Braves team has a bevy of young prospects that each day learns how to beat the Mets like their predecessors did. On Tuesday it was Johan Camargo. They joined the ranks of Braves of the past who love to inflict damage on the Mets. Camargo is part of the "new" Braves. All everyday players under 24 that include Ozzie Albies, Dansby Swanson, Ronald Acuna and soon to come, Austin Riley. Where are these players on the Mets?
Watching the Braves beat up on the Mets the last few days just reminds Mets fans of the failures of this franchise. Sandy Alderson was supposed to be the savior when he was hired after the 2010 season. However, his draft picks and trades have failed to produce any consistent success from a farm system that now ranks as one of MLB's worst. Minorleaguebaseball.com ranked the Mets system 28th for 2018, quoting "if you like C+ prospects, you will like the Mets". By the way, who is first on that list? Yes, the Atlanta Braves.
Even after the embarrassment of Braves former GM John Coppolella being banned from MLB for violations in signing international players and being stripped of 13 prospects, the Braves farm system is still ranked as one of the best because of trades and drafts.
Alderson's history of hideous drafting has been written about time and time again. When is he going to be held responsible? The Mets failures this season are the same exact failures we have seen every year in the Alderson regime.
The pitching prospects that were supposed to dominate the National League have once again disappeared. Noah Syndergaard and Steven Matz are now both out with finger injuries, just like last season. Different injuries, but same missed results. Matt Harvey is gone. Zack Wheeler is inconsistent. Only Jacob deGrom is producing, but as usual in his career, the bullpen can't close out his games.
Every day prospects are nowhere to be found. Outside of Amed Rosario, who can the Mets look to in the next few years to provide assistance to help this franchise every day? Dominic Smith is currently sitting in Las Vegas with just 2 HR and 21 RBI so far this season. The rest of the players you can find scouring through the minor leagues are all decent players, not guys you build a franchise around.
Once again, injuries have had a major part in the Mets inability to achieve success this season. In what seems to be Deja-vu, Yoenis Cespedes has been unable to be relied on. Major offseason signing Todd Frazier is also out. Despite that, good organizations are able to provide help from their farm system when their regulars have to be placed on the DL. For the Mets, those players are not there.
Bobby Cox started the rebuilding of the Braves as their GM in 1986. In 1990 he was replaced by John Schuerholz as Cox returned to the dugout to manage. Soon after homegrown players like Tom Glavine, John Smoltz and Chipper Jones (all three are Hall of Famers) came along. While Glavine and Jones were drafted, Smoltz was acquired from Detroit for Doyle Alexander late in the 1987 season. Other homegrown talents like Ron Gant, David Justice, Andruw Jones, Steve Avery, Kevin Millwood, Jermaine Dye, Javy Lopez and Ryan Klesko sustained success for the Braves. Later drafts produced Adam LaRoche, Marcus Giles, Brian McCann, Jeff Francouer and current Met killer Freddie Freeman.
The current Braves are continuing their long-term success with superior drafts and trades. When will the Mets follow suit?


Elliot is starting up a small buying and selling business. He intends to use the Internet for his transactions and needs to buy a more powerful computer than his rather old model. He visits PC Planet and describes his requirements to one of the assistants, who recommends the new Macrofirm X2.
The assistant further recommends a particular software package, Macrofirm Doorways which PC Planet would install if Elliot could wait for half an hour.
Elliot agrees to the installation and the computer for the price of £800.
At the cash desk, Elliot is given a form to sign, which he does, without reading the contents.
The software package is installed by Jack, an employee of PC Planet and a delighted Elliot takes his new computer home.
Three weeks of perfect service from the computer, end in misery two weeks ago, just as Elliot is about to clinch a purchase on E-Bay. The computer crashes and fails to start again, despite repeated attempts.
PC Planet now report to Elliot that the Macrofirm Doorways software which they had installed into the computer has rendered the computer irreparable.
2.1. PC Planet accept no liability for the quality of their computers or software, or for any other losses, howsoever arising.
Advise Elliot of any claims he might make against PC Planet or their employees.
The construction of the contract is vital. Clause 2.1 was therefore incorporated as a result of Elliot signing the contract1 (regardless of whether or not he read the document2) as the exclusion clause was present at the time the contract was made3. Elliot had discussed his requirements with the assistant and agreed to the installation of software but signed the form before the latter occurred.
The next step is therefore to consider whether this exclusion clause covers the situation that occurred.
Did Elliot contract with PC Planet as a business or as a consumer? In either event, what, if any, provisions of the Unfair Contract Terms Act 1977 ('UCTA') and/or the Unfair Terms in Consumer Contracts Regulations 1999 ('UTCCRs') apply? What if any protection is afforded by the Sale of Goods Act 1979? Does the common law assist Elliot?
Did Elliot contract in the course of business or as a consumer?
Elliot is buying the computer for his new online buying and selling business. UCTA s12 defines 'dealing as a consumer' as the relevant party not making the contract in the course of a business whilst the other party does so, and the goods being purchased being 'of a type ordinarily supplied for private use'. To be 'in the course of business', the transaction must be 'an integral part of the business carried on …. or of a type regularly entered into'4.
From the information available, Elliot is not trading in computers but will simply need a computer to access the internet in the course of his business. The above definitions enable Elliot to argue that he is entitled to the consumer protection of UCTA in relation to (a) negligence (section 2), and (b) implied terms as to quality (section 6) and other liabilities arising under a contract (section 3).
For Elliot's purposes, s2 of UCTA deals with clauses that try to exclude or restrict business liability for both the negligent performance of a contract5 and common law negligence arising from a failure to take reasonable care or exercise reasonable skill6.
PC Planet's exclusion clause does not specifically mention negligence, but does refer to 'any other losses, howsoever arising'. This amounts to a clear attempt to exclude, not even limit, liability, and any such clause is subject to a requirement of reasonableness7.
(i) Elliot can comfortably establish that the parties were not equally matched in their bargaining power10. He as a natural person sought a new computer from a company which specialises in the selling of computer hardware and software. He also sought advice from an assistant and was recommended both a computer model and a software package.
(ii) Clause 2.1 seeks to exclude all liability for any action, even when as here, it covers the company's core business of selling new products to customers. Elliot will satisfy a court that this 'task' is hardly one which is suitable to be covered by any exclusion clause.
(iii) Elliot could have obtained his advice from elsewhere, but it was not reasonably practicable to have done so. The obvious rationale is that he went to PC Planet because of the company's assumed expertise.
(iv) The practical consequence of allowing the clause to stand would be the complete protection of PC Planet from a claim for negligence brought by a consumer. Elliot will succeed in establishing that such a wide clause is unreasonable.
If the clause is not reasonable, then Elliot can bring a claim for negligence against PC Planet. This should incorporate negligent performance of the contract and a separate head of claim for negligence of the two employees arising from the giving of the advice relied upon by him and the installation of the software package into the Macrofirm x2.
Elliot might also consider a claim for breach of contract on the basis that he relied on the assistant's skill and knowledge in accepting his recommendations for both the computer and software11. These 'preliminary stipulations'12 were taken by him to be statements of fact, and therefore formed part of the contract.
As a consumer, Elliot enjoys the benefit of s6 of UCTA which provides that liability cannot be excluded for the implied terms as to quality set out in s14 of the Sale of Goods Act 1979 ('SGA'). Goods must be of satisfactory quality and fit for all purposes for which goods of the kind in question are commonly supplied.
On the face of it, given that he got only 3 weeks of use from them, Elliot's computer and software were neither of those things. However, PC Planet will successfully argue that it was the combining of the Macrofirm X2 computer with the Macrofirm Doorways software which caused the mischief not an inherent fault with the goods. Elliot's damage was caused by human error in pairing the two together, resulting from the initial assistant's advice and Jack's installation of the software in the store. Human error, or negligence, is outside the scope of s6 of UCTA and Elliot will not establish liability under s6 against PC Planet.
Section 3 of UCTA covers other forms of liability arising under a contract, including liability for breaches of express terms, providing that one party deals as a consumer – as Elliot did – or on the other's written standard terms of business.
The same reasonableness test as for s2 (above) applies.
Elliot's argument is that PC Planet provided substantially different performance to that reasonably expected. However, it must be expected that PC Planet will employ the same arguments as above on the relevance of the quality of the goods so that Elliot will not succeed under s3 of UCTA.
What if Elliot is considered a 'business'?
The court might possibly find that Elliot contracted with PC Planet as a business on the basis that his purchase of the computer was a transaction of the type that formed a regular part of his business13. However, it is for PC Planet to claim and to prove that Elliot was not dealing as a consumer14.
Even if Elliot cannot persuade the court that he was a consumer, he will still be able to take advantage of the same provisions in UCTA. Section 2 applies regardless of status, as the test is one of reasonableness in all the circumstances.
For s3, Elliot contracts with PC Planet on its written standard terms of business and so again falls within the reasonableness test. Regarding s6, if Elliot is a business, then rather than the blanket ban on the statutorily implied terms being excluded, the test again reverts to one of reasonableness.
Given the conclusions reached above, Elliot's position will be substantially unchanged if he is regarded as a business.
The principle of damages is to put Elliot into the position he would have been in had the contract been performed. For his claim under s2 UCTA, Elliot's losses should include both the £800 cost of the computer and software and his consequential losses, e.g the value of the lost purchase on Ebay.
Elliot is unable to make use of any of the wide provisions of the UTCCRs as the definition of consumer derives from the European definition of any 'natural person …. acting for purposes which are outside his business, trade or profession'15. As Tandy16 notes, the courts have interpreted this as any business purpose being negligible or insignificant17. It is fortunate for Elliot that the relevant provisions of the Consumer Rights Act 2015 are not yet in force as that Act substantially revises UCTA and the UTCCRs and utilises the latter's definition of consumer, which would be to Elliot's detriment.
Independent of the statutory controls above, does Elliot have any redress under common law? In practice, the statutory controls above have generally superceded this, but Elliot could choose alternatively to sue PC Planet under common law.
The courts have firmly applied the contra proferentem rule, where an exclusion clause is interpreted against the party seeking to rely upon it. An ambiguous phrase will generally be construed in the claimant's favour18, which will benefit Elliot in any claim against PC Planet.
If (2) holds, the court must also consider whether there is another head of damage aside from negligence.
Clause 2.1 is very widely drafted without specifically mentioning negligence so only (ii) or (iii) above would apply. If there is more than one possible basis for liability, the drafting party will need to use language that covers negligence to avoid liability. If only negligence exists as a basis for liability, more general language will probably suffice20.
As above, Elliot will not succeed in establishing that the computer and software were not fit for purpose or of satisfactory quality as it was the fateful combination by Jack that resulted in the damage. Accordingly, negligence will be the only ground for a claim. The courts will still examine the intentions and reasonable expectations of the parties. Elliot's reasonable expectation was not that PC Planet could avoid all liability for its employees' negligence in providing him with mutually incompatible products. Construing the exclusion clause against PC Planet, it is unlikely to be upheld despite its (deliberately) wide wording.
Elliot should succeed in establishing that the exclusion clause does not apply to his situation and he will have a claim against PC Planet for breach of contract.
Has there been a breach of contract so serious that it effectively negated the whole purpose of the contract? PC Planet supplied hardware and software so totally incompatible as to result in complete failure.
The doctrine of 'fundamental breach of contract' refers to some breaches of contract being so serious that no exclusion clause could cover them, either because certain terms in a contract are so fundamental21 or because the overall effects of the breach destroyed the contract22.
This doctrine has been comprehensively removed from the ambit of commercial contracts23 but for contracts between businesses and consumers, the courts continue to consider the wording of the exclusion clause used and the intentions of the parties. The more serious the breach, the more weight will be required to persuade the court that an exclusion clause was intended to cover it.
Elliot will need to persuade the court that he did not anticipate that PC Planet could exclude liability for its defeat of the main object of the contract. Given the circumstances he should be able to prove this on the balance of probabilities and establish a claim for breach of contract.
In either case, the test of reasonableness to be employed by the court results in findings of negligence against PC Planet under s6 UCTA both for performance of the contract and as a result of the negligence of the two employees.
Elliot will be less successful in establishing a claim for breach of contract regarding either implied or express terms as it was not the quality of the goods which resulted in the breach.
Under common law, Elliot may have an alternative claim under the contra proferentem rule or because PC Planet have so seriously breached the contract as to destroy it.
3 Unlike in e.g. Olley v Marlborough Court Hotel 1949 1 KB 532 where the exclusion clause was contained in a notice in the claimant's room and seen only after the contract had been made at the reception desk.
10 See particularly the judgment of Lord Diplock in Photo Production Ltd v Securicor Transport Ltd 1980 AC 827 at 850-851 for a review of the courts' approach to construction of exclusion clauses where parties are unevenly matched.
"Problem Question on Contracts & Sale of Goods." Parallelewelten.net. 11 2013. All Answers Ltd. 04 2019 <http://parallelewelten.info/problem-question-examples/problem-question-sale-of-goods.php?vref=1>.
"Problem Question on Contracts & Sale of Goods." Parallelewelten. Parallelewelten.net, November 2013. Web. 19 April 2019. <http://parallelewelten.info/problem-question-examples/problem-question-sale-of-goods.php?vref=1>.
Parallelewelten. November 2013. Problem Question on Contracts & Sale of Goods. [online]. Available from: http://parallelewelten.info/problem-question-examples/problem-question-sale-of-goods.php?vref=1 [Accessed 19 April 2019].
Parallelewelten. Problem Question on Contracts & Sale of Goods [Internet]. November 2013. [Accessed 19 April 2019]; Available from: http://parallelewelten.info/problem-question-examples/problem-question-sale-of-goods.php?vref=1.