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Vertase F.L.I. Ltd v Squibb Group Ltd
As with Lidl, this was an application for summary judgment to enforce the second adjudication decision. We reported on the first adjudication in the previous issue of Adjudication watch. The central questions in this case were:
- What exactly had the adjudicator decided in the first adjudication?
- Had the adjudicator been asked to decide the same issue again in the second adjudication?
The starting point is that once a dispute has been determined by adjudication, there cannot be another about that same dispute. Therefore, where an adjudicator has considered the same issue previously, he lacks jurisdiction and therefore his second decision is invalid. The principle encompasses the situation where a dispute in an earlier adjudication is materially different from the dispute referred in a second adjudication but the reasoning of the adjudicator in his first decision effectively establishes a proposition which impinges on the dispute in the second adjudication.
Adjudication one
To recap, Vertase employed Squibb to undertake asbestos removal and demolition work. The works completed three months late and the parties disputed responsibility for that delay. The adjudicator decided that Squibb was entitled to an EOT of six weeks and £167,501 by way of additional costs due to the six week delay. The adjudicator considered Vertase's entitlement to LADs. He decided that:
- There was no withholding notice from Vertase in respect of any cross-claim for LADs for the unextended period;
- Vertase had no entitlement to take LADs from any amount that the adjudicator might decide was due to be paid to Squibb; and
- Squibb was not required to pay Vertase the sum of £180,000 (12 weeks delay at £15,000 per week LADs) or any amount in respect of LADs.
Vertase refused to pay the awarded sum of £167,501 but purported to serve a withholding notice in the sum of £276,613.67 (broadly divided into £105,000 (seven weeks) for the LADs for the unextended period of the sub-contract and approximately £171,000 for other items). Squibb applied successfully to the court to have the decision enforced.
Adjudication two
In the second adjudication, the adjudicator ordered Squibb to pay Vertase the sum of £184,813 and to pay the adjudicator's fees and expenses in the sum of £5,512.50. Squibb had paid or agreed to pay these sums less £105,000 awarded in respect of liquidated damages (and the court was given an undertaking to this effect).
Question for the court?
The court was asked by Vertase to enforce the second decision in relation to the £105,000 awarded in respect of LADs, only. Edwards-Stuart J carried out a detailed review of the first and second adjudication decisions in order to identify exactly what had been decided by the adjudicator so as to establish whether the issue relating to LADs had in effect already been decided.
The first adjudication and the sub-contract link with the main contract
The first issue for consideration was the link between the main contract and the subcontract as regards LADs. In the first adjudication Squibb had asserted that Vertase had no entitlement to LADs because no LADs had been withheld or claimed against Vertase under the main contract. The adjudicator had said that:
"Although no link exists between the sub-contract and the main contract, other than the premise that the conditions of main contract are incorporated into the sub-contract, Vertase do not have the right to claim liquidated damages under the sub-contract unless they can demonstrate an equivalent loss under the main contract."
Vertase argued that the adjudicator's statement was a continuation of Squibb's argument that Vertase had not served a withholding notice.
Squibb, in contrast, argued that the adjudicator's conclusion that Vertase was not entitled to LADs was based on two grounds - that there was no withholding notice and its failure to demonstrate any equivalent loss under the main contract.
The second issue was whether if Vertase was correct in its analysis of the first issue, the adjudicator nevertheless based his findings on both grounds.
The parties' different views on what the adjudicator actually decided on this issue had a direct impact on the second adjudication decision.
The second adjudication - "What reason, if any, would absolve Squibb from liability for liquidated damages as asserted by Vertase?"
In his first adjudication the adjudicator said that Squibb should not be liable for LADs because Vertase had not issued a valid withholding notice. He said that Squibb had no payment due under the contract from which Vertase could withhold and that no LADs had been taken from Vertase under the main contract. Vertase asserted that it had a right under the sub-contract to be paid LADs whether or not a similar loss had been suffered under the main contract. The adjudicator said that no loss had been demonstrated by Vertase but that he was sufficiently persuaded by Vertase's arguments on the legal position to change the view that he had taken in the first adjudication (i.e. that Vertase did not have a right to claim LADs under the sub-contract unless it could demonstrate an equivalent loss under the main contract). Consequently, Vertase was entitled to LADs from Squibb.
Vertase argued that the adjudicator had changed his mind about the no loss issue but that the issue did not form part of his actual decision. Alternatively, the adjudicator was simply mistaken when he said he had changed his view. The judge rejected this argument immediately.
Squibb argued that the adjudicator had changed his reasoning and that the adjudicator's original finding that there was no entitlement to LADs was not limited to the withholding notice point but was based also on the no loss point.
The decision
The judge agreed with Squibb that the adjudicator had changed his mind. In the second adjudication he had found that Vertase was not entitled to LADs because it had not demonstrated any loss under the main contract.
Was the adjudicator entitled to change his mind?
Yes - Vertase argued the two adjudications involved different disputes and so the adjudicator was entitled to reach apparently conflicting conclusions. The first conclusion was about Squibb's entitlement to an EOT and associated loss and expense. The second was about Vertase's entitlement to a sum of money for breach of contract and/or delay with LADs being merely one of a number of heads of claim.
No - Squibb argued that adjudication one decided that Vertase had no entitlement to LADs and that should have been the end of the matter. The second adjudication was also about Vertase's entitlement to LADs. There had been no change in circumstances in relation to the no loss point, in contrast to the withholding notice point where Vertase had served a compliant withholding notice before the second adjudication. In essence, Vertase had been able to persuade the adjudicator in the second adjudication to alter a conclusion that he had reached in the first adjudication and that conclusion formed part of the reasoning that led to his rejection of Vertase's claim for LADs.
The judge agreed with Squibb and dismissed Vertase's application to enforce the decision in the second adjudication insofar as it related to the £105,000. He found that:
"in Adjudication No 2 he [the adjudicator] purported to change his mind about a finding made in his first decision. Since that initial finding was final and binding on the parties until finally determined by litigation or arbitration, it was not open to the adjudicator to change it. To put it another way, since the parties are bound by his decision in Adjudication No 1 that the absence of any loss in respect of delay precluded Vertase from claiming liquidated damages, that conclusion, until finally determined by litigation or arbitration, remains one with which the parties are bound to comply. It matters not whether it is right or wrong."
In a nutshell, the adjudicator purported in the second adjudication to decide the same issue he had decided in the first (i.e. that Vertase was not entitled to claim or deduct LADs if it did not sustain any similar loss under the main contract) as well as being disentitled because of the lack of a withholding notice.
The case law in this area is well settled. You cannot adjudicate the same issue (or substantially the same issue) twice, but it can be difficult to identify what was "decided" and that it actually formed part of the adjudicator's reasoning. Here the judge was required to establish whether the adjudicator was adopting a party's submissions or reaching his own conclusions. Although not an easy task, the judge decided it was the latter based on the adjudicator's own statement that he was "persuaded by Vertase's arguments on the legal position sufficiently to change the view that I took in my Decision in the first adjudication". It is also important to remember that even if the adjudicator got his reasoning correct second time around, it was irrelevant and it was too late. The issue was already decided and binding until resolved by litigation or arbitration or agreement.


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« AnteriorContinuar »
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ALLEN, Ph. D., Professor of Classical Philology in Harvard University. Retail price, $1.75.
Greek Lessons. Prepared to accompany the grammar of Hadley and Allen. By
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Harkness's First Greek BookDesigned especially to accompany Allen-Hadley's
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Three Months' Preparation for Reading Xenophon. By JAMES MORRIS
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The First Four Books of Xenophon's Anabasis : with Explanatory Notes with
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Selections from Herodotus: By HERMAN M. Johnson, D. D. Retail price, $1.25.
The Edipus Tyrannus of Sophocles; with English Notes. By Howard Crosby
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Space. By F. A. Adams, Ph. D. Retail price, 75 cents.
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subset: commoncrawl


text:
BFF Spring Fashion Show 2018
"BFF Spring Fashion Show 2018" will begin after the advertisement.
Briefly explain your problem
BFF Spring Fashion Show 2018
Select one of the 3 princesses for your journey of the 2018 Fashion Show. Do her makeup, put on her lipstick and click on the eye shadow palette to apply glitters onto her eyelid. Apply the right amount of blush on her cheeks. Why not change her eye color to make her look eye catching? Move onto the next stage where you can change her clothes. You can choose from 6 different outfits! Don't forget to change her hairstyle according to her dress and pick the right shoes to match her style. But, what about her bag? Will it fit the dress code? Good luck in front of to the jury!


text:
By Riley.
Aside from our 5 Things We Talked About This Week post, I figured it was time to expose the humiliating reality that is our browsing history with 3 Things We Googled This Week. The internet is a black hole of information for better or for worse and let's be honest — we look up weird shit. Sometimes we're looking for answers to life's biggest questions, sometimes we're looking for inspiration… sometimes we're just looking for advice on whether the three-day old pakora we've reheated is about to kill us.
Does translucent powder work as dry shampoo?
I'm not ashamed to say that dry shampoo has become an emotional aid in recent months. When you've got a lot of shit going on, the thought of having to wash and dry thick hair is enough to pull a Britney '07 (Disclaimer: Just googled 'When did Britney shave her head' to fact check). Needless to say as soon as I have the week from hell, I run out of dry shampoo and life as I know it crumbles around me. Panicked, I google.
Answer: Yes, it bloody does! Takes a bit more grafting to get rid of the powdery residue, and stings a little to rub £30-a-tub powder into your scalp just to avoid the £3-a-bottle shampoo, but works a treat if you're a mess like me.
Why is there mould in my plant soil?
OK, I'm curious. How and when do people just suddenly know how to live in harmony alongside plants? If there's one thing that screams functioning adult, it's maintaining house plants — and judging by my recent search, I'm obviously still in a transitional period.
Answer: Too much water or too little sunlight. I'm basically over-compensating and neglecting, simultaneously. STORY OF MY LIFE. Apparently you can scrape off the top layer of decay and act like nothing ever happened (STORY OF MY LIFE, PART 2).
Can you get period pains when you're pregnant?
Having recently broken up with ingesting unnecessary hormones, we've binned the pill — and as a thank you, our body has hurled every symptom imaginable at us with force.
Answer: Scrolling four pages deep on mumsnet to a thread from 2008, we can confirm that while you could suffer an array of symptoms likened to the menstrual joys we feel each month, it's highly unlikely we'd be pregnant while we have a period. Yes, it took us the best part of two hours to be absolutely sure of basic biology. Yes, we'll check again next month.


text:
Favorite tee is an understatement. Made from our signature burnout jersey, this tee is complete with a curved v-neckline and a slouchy raw edge pocket. Because of its soft feel and chic fit, you will want to stock up in every color.
Typically ships within 1-3 business days via USPS or UPS from our E-Commerce Fulfillment Center located in Rockwall, Texas. Contact us at email@example.com or (972)623-8077.
Groovy's store locations:
211 S. Bois D' Arc
Forney, TX 75126
110 E. Rusk St.
Rockwall, TX 75087


text:
Real-Time Operations Data
The oxygen of successful operations management
The oxygen of successful operations management
With so many transformation options to pursue (RPA, AI, Workforce Optimization, etc.)
But where do you start?
How does it all work?
Click to watch how ControliQ works in just three minutes…
Forester Prediction 2019 – The Year Transformation become Pragmatic
With just a short phone call from one of our experts in our world-wide offices we will be able to identify the areas in which ActiveOps can help.
The next step could either be a demonstration, operations health check or a customer reference call whichever suits you to take the next step toward digital operations management.


text:
Sep 25, 2016
When life goes badly, stop your computer and go see Beyonce. We have crazy stories of the things we go through when we listen to our kids!
Swanny's twitter https://twitter.com/aneurysmnv
Courtney's twitter https://twitter.com/quadfathermft
QuadCast App links
iTunes App
Google Play
Sep 10, 2016
Swanny has to go where no man should have to go and Courtney's son may be forced to pee in a bucket. Plus so many Gene Wilder clips that you didn't hear anywhere else, you have to hear this show.
QuadCast PodCast Twitter handles
Sep 4, 2016
Match the podcast stars in this star studded Big Money Match Game
I ran out of time I'll fix the rest later


text:
SALT Report 2267 – On March 13, 2013 the California State Board of Equalization agreed to sponsor a legislative proposal that will eliminate sales tax on purchases of medical marijuana by patients in hospice care. BOE Chairman Jerome Horton said that, "The proposed measure is consistent with similar laws that exempt the purchase of most medications from sales and use taxes."
Under current law, hospice care patients who suffer from cancer, HIV, and other illnesses are required to pay sales tax on their purchases of medical marijuana. However, if the legislation is enacted, a sales and use tax exemption will be provided for medical marijuana purchased by hospice care patients or their caregivers.
The legislation will require patients to apply for and obtain an exemption certificate from the BOE. The certificate will remain in effect for the duration of the patient's California Department of Public Health issued Medical Marijuana Program identification card.
The BOE estimates that the total sales of medical marijuana are between $700 million and $1.3 billion annually, which results in approximately $58 million to $105 million in sales and use tax revenues.
For Further Information
California State Board of Equalization – News Release 28-13-H


text:
United Airlines Cancellation Policy and Fee
United Airlines Cancellation Policy & Fee: Know About 24 Hours Cancellation of United
If the vacation to a certain destination is decided by you but unfortunately there is a plan change, you need to cancel your trip. In this case, you may or may not be paid for the cancellation. The factors that are responsible to decide whether you have to pay or not totally depends on the reason for canceling, the time you want to cancel your trip and the sort of ticket bought by you.
Some Important Rules of United Airlines Cancellation Policy:
Therefore, reading the United Airlines Cancellation Policy is the answer to all your problems. The cancellation policy of United Airlines is:
- The rules for the cancellation of flight and the refund may differ on the starting point of place of purchase.
- The "cancellation of flight tickets within 24 hours of booking can be done and you will not be charged the cancellation fee". The cancellation fees will not be charged if you have done the booking at least one week prior to the departure of the flight
- If you are canceling your ticket beyond 24 hours of your booking date, then you will be charged the penalty for the cancellation.
- Once the cancellation of flight on United Airlines is done, the passenger can request for refund of their ticket within the time limit that is given for requesting. You can raise the request for the refund of your amount for the cancellation of your international flight ticket in 30 days.
- If you are canceling your flight after 24 hours, then the passengers have to pay the service tax along with other government taxes but the seat amount will be refunded.
- If you are canceling your flight within 24 hours of your date of purchase, then you don't have to pay a single penny but if 24 hours have been passed, then the change fee of $200 will be charged for the domestic flight and $400 for the international flights.
If you want to re-book the ticket in United Airlines, then you have to provide the contact information during check-in and you will receive the text message or email regarding that or your updated itinerary.
Also, the itinerary can be checked by you at the website or the app. You can also do this by talking to the customer service representative.
You also have an option to call on the United Airlines Cancellation phone number. By calling this, you will be assisted by the experts and they will give you proper guidance.or if you are looking for the flight change instead of flight cancellation go through the united airlines flight change policy for that.
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text:
How to Check Tickets by a License Plateby Kelly Reese
Paying a parking ticket has become easier because you can now pay them over the Internet. You can also check unpaid tickets and paid tickets across any state over the Internet. The only information you need is either your license number, your license plate number or your ticket number. Searching by the license plate number is easier if you need to check on the status of a ticket for another person.
Step 1
Navigate to the official state website of your choice and click on the "Police" link. As an example, go to the City of Chicago website (see Resources).
Step 2
Scroll down to the "Search by" section. Click "License Plate."
Step 3
Type the license plate number in the "Plate Number" field. Click the "State" drop-down box. Choose the State of the license plate.
Step 4
Click the drop-down box in the "Plate Type" field. Choose the type of vehicle the license plate belongs to.
Click inside the "Owner last name or company name" field. Type the owner's name the plate belongs to. Click "Search by Plate."
- Jupiterimages/Photos.com/Getty Images


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Tampax Teams Up With Amy Schumer to Bluntly Talk About Periods
The tampon brand aims to educate through humor
It's difficult to know something well if that thing is deemed too taboo to discuss openly.
That's the concept behind Tampax's latest ad campaign starring comedian and actor Amy Schumer, who has a track record of exploring uncomfortable topics in her films and stand-up specials.
In a series of videos that feel more like comedy sketches than commercials—all directed by Kathy Fusco of Hungry Man—Schumer confronts misconceptions about menstruation with those around her, whether it's in a drugstore, public restroom, doctor's office or shopping mall. The spots, which were co-written by Schumer and her team, are scheduled to air on TV, digital and social media.
In one clip, Schumer coyly asks a woman next to her in a restroom if she can borrow a tampon, only to learn that tampons come in a variety of sizes to manage a variety of flows. Minutes later, Schumer shares her newfound knowledge with another woman in need of a tampon.
Plenty of people, it seems, still have questions about periods.
Four in 10 women, for instance, aren't fully confident they know the correct way to insert a tampon. A small, yet not insignificant percentage of the American population—7%—believe a tampon can take a woman's virginity. And almost everyone—94%—isn't sure how long the average menstrual cycle lasts.
That's according to a mid-March survey involving over 2,000 U.S. adults conducted by the Harris Poll on behalf of the Procter & Gamble-owned tampon brand.
"When I started working with Tampax, it made my heart hurt to hear about the discomfort people are putting up with because they don't understand periods or even how to use a tampon properly, and I want to do everything I can to change that," said Schumer in a statement. "My hope is that through this partnership, we'll educate ourselves and each other and take the senseless shame out of getting your period."
The aim of the campaign, titled "It's Time to Tampax" and created with Publicis Groupe, is to help address the ignorance surrounding periods by weakening the stigma that prevents people from learning. The best way to get people into a mindset to learn, Tampax found through research, was through laughter.
"Humor was by far the most effective way to do that," said Melissa Suk, vice president of North America for P&G's Tampax and Always brands. "So we really landed on humor was the strategy, and then Amy became the vehicle to deliver that strategy."
While Suk knew the campaign needed a known spokesperson capable of handling the subject matter, the process of finding one willing to do it wasn't easy.
"Not a lot of celebrities want to talk about periods, and they certainly don't want to talk about helping people insert tampons," said Suk.
Only after stumbling upon Schumer's 2019 Netflix special Amy Schumer: Growing the weekend it debuted did Suk find her match. During her routine, Schumer jokes about the shame surrounding periods and having to ask someone in a gym locker room if she could borrow a tampon.
Schumer and Tampax have agreed to work together for the next 18 months, meaning more content is yet to come.
"This is not a three-month campaign for us," said Suk, who intends to make conversations about tampons and periods as normal as, well, periods. "This is the beginning of a much larger education movement."


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It's now a couple of weeks since we finished the C2C route from Workington to Tynemouth. It was a great week and although it was a lot of hard work it was great fun.
Since then I've found myself sitting at work wishing that I could just go out on my bicycle for a ride rather than catch up with all the tasks that were waiting for my return from annual leave. I pulled together the numbers for our ride, both the daily ride and the totals for ascent and descent.
I've noted the alternatives that we opted for and the detours that we were forced to make due to the damage to a number of bridges during flooding.
|Ascent (feet)
|Descent (feet)
|Extra notes
|Workington to Keswick
|Longer than expected due to a substantial detour after floods washed out bridges on the main route. After Cockermouth it took us across to Low Lorton where we hooked up with the Whitehaven to Keswick route. The detour added around 6 miles to the journey.
|Keswick to Penrith
|A small detour on this one. We were taking the longer but less steep route—not the Old Coach Road—coming out of Keswick we weren't able to join the railpath out of town but had to detour down towards Castlerigg Stone Circle (on the Old Coach Road route) and then turn back shortly after the circle onto our route. It probably only added a couple of miles to the journey. At Scales we took the shorter unsigned short cut that the book recommended.
|Penrith to Nenthead
|We took the Alston alternative on this route rather than the Garrigill-off road option.
|Nenthead to Consett
|We took the on rather than off-road option out of Nenthead. We took the Stanhope alternative route.
|Consett to Tynemouth
|We took the route along the north bank of the Tyne (the Newcastle-side) rather than the Gateshead option.
|142.02 miles
|15,107 feet
|15,129 feet
The Sustrans book—C2C Guide—and the road map were invaluable for the journey. In most places the road signs were pretty good but towns were a little harder.
We stayed in some nice hotels along the way. Our first night was in Keswick where we stayed in the first of several pubs, the Twa Dogs a few minutes walk out of the centre of town. Our bikes were stowed away securely in the cellar. The room was large and the hotel quiet. We had a pleasant dinner in town (Lakes Bar and Bistro) and breakfast in the hotel. We also popped into the newish Wetherspoons (The Chief Justice of the Common Pleas) to see the converted court/police station.
In Penrith we stayed in a bed and breakfast, the Blue Swallow Guest House. Our bicycles were kept securely under cover. The room was pretty but also quite small. We did have a nice breakfast here. We ate at The Lounge in Penrith which was a little noisy with a young crowd but offered nice food. It had a blue plaque out front announcing that a trooper who had charged with the Light Brigade at Balaklava in 1854 had lived there. I suspect he wouldn't have recognised the place.
Our favourite place that we stayed in was the Miners Arms in Nenthead. Another pub with accommodation and a secure place for the bicycles in the coal shed! This hotel provided the nicest room, large, quiet and modern with a great shower. We had a great dinner and breakfast too in the pub. It also had a bicycle shop next door. What isn't there to love about that!
In Consett we stayed at Shotley Bridge in another pub, the Crown and Crossed Swords. Our bicycles spent the night locked away night in their attached stables (no horses were present!). The hotel was a little dated and the bed rather lumpy but it wasn't such a problem as we were pretty tired. Breakfast was fine. We had dinner over the road at an Italian restaurant, Sale Pepe.
Our final night was in Tynemouth at the art deco Park Hotel overlooking the sea. In a somewhat makeshift arrangement, our bicycles were brought inside and left in one of the offices so again really secure. A slightly tired hotel with wi fi that only really worked in the corridors but hey you can't have everything!
Kyla & Erik


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Saturday 11-3-2012
Today's Schedule: 8:00 members only. 9:00 FREE! Come in and try us out!! 9-11:00 Members Open Gym8:00 Class: The Jerk: Push Jerk 3-3-3 Split Jerk 3-3-3 Behind the neck Jerk 3-3-3 9:00 Class: Partner workout: A team of two completes the following: 150 Sit ups 125 Air Squats 100 Calories on Rower 75 Burpees 50 Box Jumps Thin Mints anyone??? (yes, she brought a full box of Thin Mints!!)


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We had a blast at the Trucks by the Tracks even in Birmingham on September 20, serving more than 700 people our delicious Italian Ice and Gelato.
Monthly Archives: September 2015
Food Truck Franchising Success Begins With Great Relationships
The success of Repicci's food truck franchising is based in our great relationships with outstanding local organizations. We were invited to serve Italian Ice and Gelato at the Lawson State College Carnival.


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The X4MIS Change Library contains Activities, processes and Procedures to enable change across the various stages of the X4MIS Framework. Where a document is provided a link is provided to the Knowledge Base.
Do you have a document or article you would like to share. Click the button below to contribute to the Knowledge Base or email firstname.lastname@example.com


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Autism blogs
Actually Autistic blog list of other writers on this important topic since these personal accounts are the force driving the current evolution of understanding beyond "text book" definitions and diagnoses.
(I have limited this growing list to those books I have actually read or am poised ready to read and will keep adding to it as I go. For my reviews, visit my Goodreads profile.)
Asperger's from the Inside – Michelle Vines
I Am Aspien Woman – Tania Marshall
Nerdy, Shy & Socially Inappropriate – Cynthia Kim
Pretending to be Normal – Liane Holliday Willey
Women and Girls with Asperger Syndrome Disorder: Understanding Life Experiences from Early Childhood to Old Age – Sarah Hendrickx
NeuoTribes: The Legacy of Autism and How to Think Smarter and People Who Think Differently – Steve Silberman
Odd Girl Out: An Autistic Woman in a Neurotypical World – Laura James
Thinking in Pictures – Temple Grandin
Autism and the God Connections: redefining the Autistic Experience Through Extraordinary Accounts of Spiritual Giftedness– William Stillman.
Women from Another Planet? Our Lives in the Universe of Autism – Jean Kearns Miller
In the mind's eye: Visual thinkers, gifted people with dyslexia and other learning difficulties, computer images and the ironies of creativity – T G West
The Autistic Brain – Temple Grandin and Richard Panek
Living in a Bubble: A Guide to Being Diagnosed with High Functioning Autism – Anthony King
Spectrum Women: Walking to the Beat of Autism – Barb Cook and Dr Michelle Garnett
The Electricity of Every Living Thing: One Woman's Walk with Asperger's – Katherine May
Songs of the Gorilla Nation: My Journey Through Autism – Dawn Prince Hughes
Online Resources
Professor Tony Attwood and Dr Michelle Garnett
Tania Marshall's List of Women's Asperger's Traits (examples given are anecdotal, meant as a guide not a diagnosis and in an effort to steer female diagnosis away from rather limited criteria formulated from longstanding observations of Asperger's males)
The Neurodiversity Academy – YouTube channel by award winning author Tania Marshall


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Information for people with disability, their families and carers about services, support, funding and more.
Information for disability sector organisations about contracts, reporting, policies and more.
Information for business and government about employing people with disability, Disability Access and Inclusion Plans and more.
Information about the NDIS and the impact on WA clients.
Information about career options, current job vacancies and more.
Corporate information, newsletters, initiatives, guiding principles and more.
Information about disability, accessibility and inclusion, communication tips and more.
Date: 21/03/2016
Time:10 AM - 2 PM
Venue: Cockburn Health and Community Centre, 11 Wentworth Parade, Success
Come and join in a day of fun activities for the whole family at the Cockburn Health and Community Centre with international food tasting, arts, crafts, Zumba, laughter yoga, and free health screening and chair massages.
The WA NDIS My Way engagement team will also be at the event to answer questions, provide information and talk about eligibility.
For more information, email Gilly Street on email@example.com.
Page last updated:


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I'm off to Kenya this evening to pick up on the birding/banding project I started there last year. I will try to blog about my experiences while I'm there….if not, when I get back. (Please remember to send your Snow Bunting news and pictures to Jeff MacLeod so we can keep in touch across the country. Jeff's email: email@example.com
In the meantime we had some VERY interesting news: two of Bruce Murphy's birds banded in Timiskaming in northern Ontario were retrapped by Yvan Rochepault along the north shore of the St. Lawrence. Bruce had banded them a couple of months before and then Yvan got them. It would be interesting to know what route these birds are taking! Do they do a big circle coming down from the Arctic through northern Quebec/Ontario and then returning via the St. Lawrence and Labrador coast?
Here's the scoop from Yvan and you can see that they were quite a long way east along the river:
These two birds were captured along the St Laurent Gulf (Québec – Minganie)
2571-18430 captured the 22 – 04 – 2013 in Rivière-au-Tonnerre
2571-18183 captured the 19 – 04 – 2013 in Magpie
Yann Rochepault
i'm waiting in some anticpation to see how Bill Maciejko is making out in Gimli Manitoba. He gets a LOT of Snow Buntings to his farm/area – probably because he feeds them so well but so far has not been able to trap them. Here's his letter. YOu can sense his excitement:Hi Rick,
Yes indeed, the Camp Morton flock is holding firm. The wind is up and its just beginning to snow (0930h, Jan.15) as another storm arrives. This morning`s feed saw at least 500 SNBU at a time stocking up on calories before the storm really builds up. Although, I have seen these folks flying and feeding in all but the strongest winds and fiercest of snows.
Our first banding day (Jan.11) turned out to be another dry run. BUT WE HAVE PLANS!! Today is a building day. I`m going to copy the round design used by the young folks at Kern School–theft being easier than invention. Josh is also building traps and we`ll try again this weekend.
If on Facebook, I posted a 2 minute video of the Camp Morton Snow Buntings taken January 10th on the Feederwatch Canada page. They are attracting quite a bit of attention, so I included a link to your blog. One participant uploaded pictures taken in Mirabel, some clearly showing bands.
Last week I set out a mesh tunnel, hoping to get some of the birds conditioned to entering an enclosed space to secure food.
I`m including a couple of stills, also taken on the 10th. By this morning, they were marching into the tunnel with no hesitation.
All the best,
Bill Maciejko


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Podcast: Download (Duration: 11:02 — 7.8MB)
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Lent, 3rd Sunday (A) The woman at the well is practicing "social distancing." While she may have distanced herself from others, Jesus is not distant from her. He comes to meet her in her daily life. She has found no satisfaction in her daily habits or her relationships. She finds satisfaction in Jesus.
His Love is waiting for you in your everyday life. You may find yourself practicing a little "social distancing" this week. If you binge, you will find yourself dis-satisfied. If you pray, you will find yourself surprisingly satisfied. Even if we are distant from other people, Jesus is not distant from you. Turn to Jesus and be satisfied.
(15 Mar 20)
Going Deeper: Make time to pray and connect with Jesus this week, especially if you aren't connecting with others right now.


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There are so many hands you might get dealt which you certainly should not play. Those containing two different low cards are obviously weak – unless the flop hits them perfectly. It is the mid-range hands that lure players into indiscretions and every mistake you make will likely cost you money. Here are two examples of hands you should not play in any position:
Ace with a low kicker, such as A3 or A6
If the flop comes with an ace and a bet is made by an opponent, or if you make a bet and it is called – you won't know whether you are winning or not. You could easily be outkickered. Almost certainly, you will have to fold, and now you have lost money, and you will be wondering whether you should have folded your Pair of aces.
Picture (or Honour) card with low card, such as K3 or Q6 orJ7
Again, you may hit top Pair and then not know whether an opponent has you out-kickered.
The problem with these hands is that they rarely win you big pots but they can lead you into losing big money when you are beaten. Since better poker involves better judgment, and that is a quality which, quite understandably, as a beginner you are lacking, you want to avoid those confidence-draining situations.


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If you have any questions about this product by Turkey Creek Essentials, contact us by completing and submitting the form below. If you are looking for a specif part number, please include it with your message.


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This includes info about cleaning, sanitizing, social distancing, and usage of personal protective equipment. Learn more.
Le Yaca - Virginia Beach
Top Tags:
Safety precautions
- Surfaces sanitized between seatings
- Common areas deep cleaned daily
- Digital, disposable or sanitized menu provided
- Sanitizer or wipes provided for customers
- Contactless payment available
- Limited number of seated diners
- Distancing maintained in common areas
- Extra space between tables
- Sick staff prohibited in the workplace
- Waitstaff wear masks
- Diners must wear masks unless eating or drinking
Featured specials
Thanksgiving Dinner Special Menus & Offers
We will be open from 12pm to 8pm and we will be serving a $60 special Thanksgiving 3 course menu only. Please call 757-500-4773 for reservation availability.
Food was wonderful. Service was great. We plan to go back again.
We enjoyed everything so much at lunch today. It was some of our first times not only to this restaurant but to a classy, fine dining establishment. We are restaurant workers and understand what goes into creating a wonderful, well rounded experience and the staff nailed it. Can't wait to go back. Jonelle and Gabriel did incredibly!!
Great food. Flounder cooked to perfection. Server Jonell provided oustanding service, every course was spaced perfectly.
My wife and I had one of the best meals we have had in ages! We went to celebrate our anniversary, and are so happy we chose this place. The staff was wonderful and the environment was great.
Our food was amazing. Our beef tenderloin with peppercorn sauce could be cut with a butter knife, as it was so tender. My crab cake was wonderful, and being from Maryland, my expectations are high!
If I could give this place more than five stars in every category, I certainly would!
The food was excellent! Our meal was prepared perfectly and they brought out something special for us knowing it was our anniversary. Our waitress did a great job explaining the menu and serving us. We will definitely go back.
The food is outstanding at this restaurant and so is the service! The crab cake was so delicious as was everything, steak, salmon, and the evening special. Love the ambience as well.
My husband and I ate at Le Yaca early January 2020 for the first time since moving to the area. We thoroughly enjoyed our first experience at the restaurant and had plans to go back much sooner than October 2020, but we all know what transpired and prevented us from going!
Our second visit was equally as good as our first. Cecile, the owner I believe, is incredibly attentive, without being intrusive. She obviously loves what she does and she is superb at it! In addition, Terry, our waitress was outstanding. Again, attentive at the appropriate times and we never had an empty water glass.
The French cuisine is exceptional and the presentation is exquisite. I felt like I was on a Crystal Cruise with the attention to detail.
For those who are fearful of eating indoors at present, I can assure you that masks were worn from the front door to the tables which were appropriately spaced apart. In addition, the place is spotless. It was such a nice experience to see other patrons sitting at their tables, enjoying a great meal and interacting with their dinner partners.
5-Star experience all around.
I never get tired of complimenting Le Yaca for providing an awesome dining experience...My husband and I are frequent guests at this great restaurant and that alone speaks for the fact that Le Yaca spells perfection...We have introduced many friends and family to this restaurant and they all share our opinion that Le Yaca is "the place" to dine...The atmosphere and ambiance are a delight...The menu is varied, and every choice we make never fails to please...The presentation and the service add to the guarantee that you will return...We already have reservations for the next two weeks and that should say something about our love for this charming piece of France in Virginia Beach...
On different occasions we have dined in the main dining room, as well as on the bar side. Both experiences have been exceptional in every way. The service is outstanding, and the food is amazing. Highly recommend!
We went for my son Richard's 40th Birthday. The good is amazing and the service was impeccable!
Eating at Le Yaca is a pure stress reliever where you can take deep breaths. Thank you.
Le Yaca has always been special whether the many times we dined in Williamsburg or the immediate gratification we can get in Virginia Beach. Always lovely, welcoming and delicious.
Again this year we celebrated our anniversary with dinner at Le Yaca. We've been celebrating birthdays, anniversaries, Christmas get-togethers, etc., for many years (Williamsburg) and now in Virginia Beach. I can honestly say we have never had a bad meal or bad service in all that time. It's our favorite restaurant for good reason. Thanks for another memorable meal last Friday.
This is an excellent special occasion restaurant. The service is excellent and the food quality is the best you will find in the area. We have eaten here several times and the experience is consistently outstanding.
Always wonderful.. they have done a.nice job of making the restaurant Covid friendly while maintaining an inviting atmosphere. We always get the special filet .. it was delicious and the cream of leek and potatoes soup with truffle oil was delicious. Our waitress was very attentive and pleasant as well as the young man serving bread etc!! We love ❤ it!'
food was outstanding service was first class owner came to table twice to check with us we will be returning soon
Service was slow but server was nice. Food was good. Flounder special was delicious!!
Dining at Le Yaca is truly a perfect experience...It is our first choice of restaurants...The ambiance, the food, the wines and the service all add up to a first class event...We cannot heap enough praise on this restaurant...When the virus closed our country down, one of the things we missed most of all was not being able to reserve a table at Le Yaca...We invite anyone who has not enjoyed this awesome restaurant to absolutely make a reservation...There is no way you will be disappointed...So. for lunch or dinner, Le Yaca is the perfect choice...Looking forward to our next Le Yaca experience and thanks again to Gabriel our wonderful server. See you all very soon...
As a frequent patron of Le Yaca, I can attest to the consistency in food preparation. Every effort is made to offer gourmet dishes that delight the eye and palate. Additionally, I am always cordially greeted, while service is kind, consistent and knowledgeable. The wine offerings are diverse, with emphasis on proper pairings to suit the occasion. Do treat yourself to the Le Yaca experience, SVP!
We celebrated our anniversary there. We loved the ambiance and the food was outstanding. The wait staff was very attentive. Highly reccomend!
So glad to enjoy our favorite and delicious escargot and lunch. Thank you Cecile and staff for always making us feel safe during this crazy covid time.
Le Yaca was an unexpected treat. Wonderful food in a sophisticated setting, we went for brunch, which was delightful. The lobster tail was delicious, but the soufflé stole the show. A beautiful way to celebrate our anniversary.
We selected from brunch menu, as we have done before for brunch. Both tenderloin with poached eggs and Hollandaise sauce and lobster with shallot beurre blanc were superb.
My Wife and I had brunch, from the front reception employees to our servers , And our food the La Yaca team absolutely exceeded our expectations, we will be dining here again many times. It is nice to go out to a restaurant and truly enjoy a five star experience thank you
Food and service was excellent. Will definitely return.
Awesome. Would return if I'm in the area.
Le Yaca never ceases to please. From the warm and spot-on service to the impeccable meals served. This was one of our few dining out experiences since COVID precautions have been rolled back and it was just perfect. We felt very comfortable and safe from the Pandemic perspective. Our dinner and dining experience was as good if not better than ever. We feel so fortunate to have such a wonderful place to dine in our "neighborhood". We'll be back again and again.
Always great food and service
Le Yaca Virginia Beach and Williamsburg qualify as two of the finest French restaurants in the region. I am always delighted with the food preparation, decor, ambiance and service.
Excellent food and service
Fantastic food and service
Best restaurant in Virginia Beach! Staff is really friendly and good, management is very friendly and the food is always great. a family favorite for many years in Williamsburg and now in VB!
Always an extraordinary meal and best price for gourmet meal in all of Virginia Beach.
The service and food were exceptional as always. All COVID precautions were maintained. We had a very enjoyable brunch. We opted for the four course menu which provided a host of options for food or drink. We were never hurried through the courses. Our food was of the finest quality and presented very well. The service was courteous, friendly and professional. Everyone at La Yaca treated us as if we were their special guests.
Love love everything about this restaurant!
Awesome service and food
The food was enjoyable. Very good place to get together with a group of 6 or 8 friends. Large tables, quiet enough to talk, social distancing well done. Good service.
Alway elegant, quiet, very professional, and food better than in France!
Reasonable prices for lunch with two or three course menu 💜
AS usual, spectacular in all respects. This was our 3rd consecutive Anniversary dinner with Le Yaca and it has become a welcome tradition that we look to continue in future years. Our best to all concerned.---George Raiss
Perfect from beginning to exit greeting!
Le Yaca - Virginia Beach is rated 4.9 stars by 1529 OpenTable diners.
Le Yaca - Virginia Beach does offer gift cards which you can purchase here https://www.toasttab.com/le-yaca-virginia-beach-741-first-colonial-road-suite-107/giftcards.
Yes, you can generally book this restaurant by choosing the date, time and party size on OpenTable. Due to local restrictions, this restaurant may not be accepting reservations at the moment.


text: Created by Rob Liefeld, Bloodstrike is an elite strike force of super-humans. It consists of Fourplay, a four-armed avenger; Tag, a lithe martial artist whose touch causes people to freeze in their tracks; Shogun, a heavily armored walking arsenal; and Deadlock, a Wolverine-like fighter with deadly claws. Their leader is Col. Cabbot, a perfect combination of firepower and strategic thinking. Cabbot is also the brother of the leader of Brigade, another Liefeld-created team.


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Garden Village Hub is a children's hub for the community of Garden Village and surrounding areas. The centre provides a space for youth groups to to carry out youth led projects.
In time for the Christmas fayre, a local decorator Danny Mac painted the community centre and covered the lettering and dark purple wall with a brighter coat of blue and magnolia.
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Match Preview – Match Facts – Predicted Lineup
Napoli vs Arsenal
UEFA Champions League
Stadio San Paolo
Kick off: December 11, 2013 7:45 PM GMT
It is an odd predicament for Arsene Wenger to be in knowing that a draw is enough to top Group F and only a heavy three goal defeat coupled with a Borussia Dortmund victory will prevent Arsenal from progression. Some saw this as an opportunity for Wenger to employ some rotation ahead of the big clash against Manchester City, but Wenger played down that possibility saying that progression is more important than a couple of games in the marathon that is the Premier League.
In terms of team news, Bacary Sagna remains sidelined as he still recovers from a hamstring problem meaning Carl Jenkinson will retain his position in the starting line-up. The youngster put in a good performance against Everton and will hope to continue his good form in front of Napoli's intimidating fans. German Lukas Podolski also misses the trip despite returning to full training, obviously due to being very short on match fitness.
Although Arsenal have been in a rich vein of form, Benetiz's Napoli have looked wobbly in their recent matches with the Italian side only registering a solitary win in their past five matches. Of particular note is their shortcomings in defence conceding twelve goals in those last five matches, with eight being conceded in the last three. Arsenal will no doubt look to pounce with Koscielny saying Arsenal will play to win in Italy.
As well as defence, in attack Napoli find themselves short with the absence of influential figure Marek Hamsik. Granted his replacement Goran Pandev did score a brace at the weekend, but you still feel Hamsik's absence will be felt in a team that needs to win by a three goal margin to progress. One player that won't miss this fixture though is Argentine Gonzalo Higuain. The striker missed the match in the reverse fixture and will be keen to show Arsenal what they missed out on. I am hopeful however that Bosscielny will be all over the Argentine, much like he dominated him in pre-season.
Yes, Arsenal must go into this match with no complacency, but I do find myself relaxed ahead of the match. Arsene has hinted that he will play a full strength side and I feel confident that the chances of Napoli scoring at least three against what has been an outstanding Arsenal defence is slim-to-none. As usual with these kinds of away matches, the first 15-20 minutes of match will be testing time with Napoli's imposing crowd likely to be in full voice, but if Arsenal can silence them early with a goal it should be smooth sailing. However if the reverse happens it could be a nervy match. COYG!!
Don't Miss:
- Agent of exiled Mesut Ozil warns Arsenal that the truth will be revealed
- Arsenal overtaken by new frontrunners to sign Houssem Aouar in January
- Ex-Arsenal star favouring a move to America's MLS to restart career
Team Injuries
Arsenal: Sagna (hamstring), Oxlade-Chamberlain (knee), Sanogo (back), Diaby (knee)
Napoli: Hamsik (foot), Zuniga (knee), Mesto (knee)
Previous Form
|Arsenal 1 – Everton 1
|Napoli 3 – Udinese 3
|Arsenal 2 – Hull 0
|Lazio 2 – Napoli 4
|Cardiff City 0 – Arsenal 3
|Borussia Dortmund 3 – Napoli 1
|Arsenal 2 – Olympique de Marseille 0
|Napoli 0 – Parma 1
|Arsenal 2 – Southampton 0
|Juventus 3 – Napoli 0
Predicted Lineup
Jenkinson Koscielny Mertesacker Gibbs
Arteta (c) Ramsey
Wilshere Cazorla
Predicted score
Napoli 1 Arsenal 1


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As those of you who are followers and visitors know, I am new to Tablescaping blogging. My family knows that this long time passion has finally found a means of expression. For Christmas, each one selected a gift that expressed their support. I don't know yet if they secretly planned it this way, but the result was awesome!
Today I am posting four "of my favorite things" - you'll see why! I made a cup of tea, and sat in the only quiet spot in the house to savor my treats - Oh and some homemade cookies too!
The Lenox Teapot, the first of my favs can be seen to the right is from my dear patient Hubby.


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text: I'm talking about Carsten Bock, one the brightest minds behind the development of opensource VOIP projects. He came to Paraguay for business reasons and me and the guys here at Conexion had the pleasure of learning from him for almost two weeks. Not always we have the opportunity to hang out with such a great VOIP eminence around this part of the world so this situation deserves a blog post :D.


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My enthusiastic personality makes me a better starter of projects than a finisher! I get all jacked up and excited. Starting is easy for me. Completing (anything), on the other hand, has been hard in the past for me. How about you?
I am happy to report that 30 women and I just completed the first book in 2019 for Ignite Your Life Nation. It was a fabulous book with many take-home's about habits, our choices, and all the influences and distractions of life. Truly a book that I want to read every year or so.
One reason I am excited to share this fact with you, is that sometimes I don't finish books that I start. 😲 Gasp! There's so many good ones out in the world and I may have a slight addiction to purchasing books on Amazon…but we finished this one! Do you finish what you start?
One of the things that has really helped me in the last few years to grow a successful life and business is getting in completion energy! Meaning I finish what I start. It's amazing what you get accomplished.
Ever have those days where you start a zillion things and finish absolutely nothing? I used to all the time, too. Now I stay committed to finishing at least one thing every day! Even if I have a lot of things on my to do list, I make sure that I am committed to finishing one to three things every day.
So, I am doing the happy dance that I completed this book and helped so many women in Ignite Your Life Nation complete it too! How are you at completing things? What do you need to do in order be a finisher?
Email me at email@example.com and rate yourself on being a starter or finisher and why. I'd love to hear from you!


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FC Boulder Claims Two Wins in Double Header
Written by Contributing Guest Columnist Kevin Schulte
FC Boulder hosted a double header that featured a UPSL matchup and the first exhibition game of its new Women's United Premier Soccer League (WUPSL) side.
The WUPSL is preparing for its inaugural season in the fall as the UPSL extension provides aspiring women soccer players with the opportunity to remain on the pitch following their collegiate career.
UPSL Soccer News: The United Premier Soccer League (UPSL) is proving to provide competitive women's soccer and the FC Boulder is coming off a 2-0 victory over the Colorado Rush to claim a vital three points in the league.
It is an exciting season for FC Boulder who unbeaten at home with goalkeeper Joey Vella recording the clean sheet.
"Staying disciplined and organized was a big part of our success this week," said Don Harmon General Manager and associate head coach.
WUPSL FC Boulder vs Colorado Rush Game Recap:
FC Boulder edged Colorado Rush 5-0 as the club continues its preparation for its Los Angeles tour in June.
John Ingham scored in the first half for the hosts, while Michael Jordahl added a second by heading home a cross in the second half.
"Rush can attack from any position and communicating their movement off the ball helped us earn 3 vital points," said Harmon. "We finish our chances and earning a victory against the AP national power rankings number 5 team is a big momentum boost for us going into the second half of our season."
"We have assembled an amazing group of players who are competing at very high level." said head coach Caleb Dickinson. "It's such a pleasure to watch them train and play with so much enthusiasm for the game"
The second leg will be played at Colorado Rush in the coming weeks.
The WUPSL is a newly formed sister league of the UPSL directed by FC Boulder's Don Harmon who has worked hard to advance Colorado's competitive soccer programs — and was one of the key members who introduced the UPSL to the state of Colorado.
"All of this amazing soccer is in preparation for the upcoming WUPSL Fall season," said Dickinson. "We're looking forward to expanding with the addition of several teams."
"There are literally hundreds of amazing female soccer players who are reaching the pinnacle of their abilities in their mid 20s — and looking for an opportunity to continue to play the game that they love."
"I'm proud to be a part of that opportunity and look forward to the growth of the league," said Harmon.
Header Photo Credit: Kyrna Wheeler Harmon


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Ever wondered what to give to that horse crazy person in your life? Well, wonder no more! We all know horse lovers are a unique breed, so with only a little further adieu, here is a list of 21 gifts any horse lover or equestrian will adore.
How do I know? I am one.Read more


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So we are having fun talking to various cities here in the UK. A common discussion point is how these cities and regions will become more sustainable and smarter places to live and work. However, a consistent question raised is: " This being smarter is all well and good, but can you prove it?".
The answer is of course I can prove that taking information from a sensor and doing something useful will work. After all, it is just a bit of data, some soggy string connecting it all and something of interest entertaining your eyeballs. The killer question is. So What?
So What is key, because if it cannot be answered then it does beg the question... why bother with the hassle of enabling information streams, then analysing this information, coming up with something new and then acting on it? Simply creating a stream of data to tell you what you probably know (e.g. in traffic jam) is not good enough. What is required is a suitable action to take advantage of intelligent insight. Therefore, a transformation in process & approach is also part of this move to sustainability.
Therefore, to maximise the value of a smarter initiative or outcome, it is necessary to change approach and delivery too. This then maximes the return on investment made in obtaining the 'Intelligent Information' in the first place.
However, because this planet of ours is still in the starting blocks of its smarter journey, what is not fully codified or understood is how for a specific outcome that is desired or a challenge to be overcome, what is it exaclty is made smarter. Who is the beneficiary of being smart and why the RoI for one entitiy is not the same for others.
NOTE: I do not see this as a weakness by the way. This is because in comparitive scenarios - e.g. healthcare - health professionals still do not have a cure for cancer, yet we still treat this disease successfully!
So for 2013, I think we have to start building on known facts. This is my focus for this year. It will be interesting to see how this unravels....