...Maple Farms, Inc. v. City School District of the City of Elmira, New York Supreme Court of New York, Special Term, Chemung County, 76 Misc. 2d 1080; 352 N.Y.S.2d 784 (1974) FACTS Maple Farms, Inc. signed a contract with City School District of the City of Elmira, New York to supply milk at a specified price. The United States Department of Agriculture controls the price of raw milk at the farm. The contract gave responsibility of an increased milk price the responsibility of the milk dealer. The supplier, Maple Farms was aware that the price of raw milk fluctuated but did not include a clause to excuse it. The supplier has entered into similar contracts with the plaintiff for the last ten years. ISSUE Maple Farms sought to terminate the contract to supply milk at a set price to the school. The grounds for termination were based on legal impossibility and the school district could cancel the contract without violating N.Y. Const. art. VIII. § 1. DECISION Plaintiff’s motion was denied and defendant was granted summary judgment which dismissed the complaint. REASON Plaintiff argued impossibility and impracticability due to extreme and unreasonable difficulty, expense, injury or loss involved. Impracticability exists when it can only be done at an excessive and unreasonable cost. [HN3] states “where economic hardship alone is involved performance will not be excused.” [HN5] U.C.C. § 2-615 states “that increased cost alone does not excuse performance...
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...Co. v. U.S. Golf and Tennis Centers, Inc. 1. What is the perfect tender rule? The perfect tender rule is under the common law, the seller is obligated to deliver goods that conformed to the terms of the contract in every detail. 2. According to the UCC, what are a buyer’s options if the goods do not conform to the contract? Does a buyer have those same options if the goods conform in every respect? Explain. The buyer’s options if the goods do not conform to the contract, the buyer or lessee may accept the goods, reject the entire shipment, or accept part and reject part. If the goods conform in every respect the buyer or lessee does not have a right to reject the goods because the buyer or lessee is obligated to accept and pay for the goods according to the terms of the contract (UCC 2-507). 3. In this case, what provision in the parties’ contract was at the heart of their dispute? The provision in the contract that was at the heart of their dispute was “that the price charged be the lowest available price.” 4. What did the court rule on the dispute between these parties? Why? The court ruled that the seller (Wilson) fully performed, but the buyer, the company, failed to make any payments. The agreed contract terms, including purchase price were clear. Therefore, the court ruled that the defendant (US Golf and Tennis Centers, Inc.) were liable for the goods they received and upheld the contract. Case 18.2 Maple Farms, Inc. v City School District of Elmira ...
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...Chapter 19 Performance and breach of Sales and Lease Contracts Case 19.1 352 N.Y.S.2d 784 76 Misc.2d 1080 MAPLE FARMS INC., Plaintiff, v. CITY SCHOOL DISTRICT OF the CITY OF ELMIRA, New York, Defendant. Supreme Court, Special Term, Chemung County. Feb. 1, 1974. CHARLES B. SWARTWOOD, Justice. This is a motion for summary judgment in an action for declaratory judgment whereby the plaintiff seeks, first, a determination that the contract wherein the plaintiff agreed to supply milk to the defendant school district at an agreed price be terminated without further liability on the grounds of legal "impossibility' or "impracticality' because of the occurrence of events not contemplated by the parties which makes performance impracticable and, second, a determination that the defendant school district has authority to unilaterally relieve the plaintiff of its contract without violating Article 8, Section 1 of the New York State Constitution. We commend counsel on the quality of their briefs. The background of this dispute is that the price of raw milk at the farm site is and has been controlled for many years in this area by the United States Department of Agriculture through the New York-New Jersey Market Administrator. The president of the plaintiff milk dealer has for at least ten years bid on contracts to supply milk for the defendant school district and is thoroughly conversant with prices and costs. Though the plaintiff avers that the defendant was aware of the...
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...Sl. No. Sol Id Branch Name Branch Address City District State / UT 1 1898 Bathu Basti Ground and first floor, Opposite Hotel Karpagam, Garacharma. Port Bathu Basti Blair, Dist. South Andamans, Andaman And Nicobar, Pin 744105 South Andaman Andaman & Nicobar UT 2 1560 Diglipur Subhas Gram, Opp. Govt Secondary School, PS.: Diglipur, Dist. North Diglipur & Middle Andaman, Andaman & Nicobar, Pin 744202 North & Middle Andaman Andaman & Nicobar UT 3 157 Port Blair 5, Middle Point, Port Blair 744 101, Andaman & Nicobar Islands Port Blair South Andaman Andaman & Nicobar UT 4 727 Adilabad Adilabad, Andhra Pradesh,H/No/ 4-3-60/10, 11,Opp/ Bus Stand, N H Adilabad No/ 7,Adilabad 504001, Andhra Pradesh Adilabad Andhra Pradesh 5 1512 Adoni D.No.21/170/1, 170/2, 21/170, 170/3, 170/4, 170/5, 170/6, Adoni, Dist. Adoni Kurnool , Andhra Pradesh, Pin 518301 Kurnool Andhra Pradesh 6 353 Alamuru Alamuru, Andhra Pradesh,S/ No/ 232/1,Mandapeta To Alamuru Road, Alamuru 533 233,East Godavari District, Andhra Pradesh Alamuru East Godavari Andhra Pradesh 7 1378 Alwal No.1-16-108/G2, J J Nagar, R K Gill Plaza, Alwal, Secunderabad, Dist. Alwal Ranga Reddy, Andhra Pradesh, Pin 500015 Rangareddy Andhra Pradesh 8 1730 Anakapalle Door No. 12-4-54, Boddeda Apparao Complex, RTC complex Road, Anakapalle Anakapalle, Dist.Visakhapatnam, Andhra Pradesh, Pin 531001 ...
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...Part 1 PA R T The Strategic Human Resource Management Model A human resource department helps organizations and their employees attain their goals. But it faces many challenges along the way. This chapter explores some of these challenges and outlines a strategic human resource management model upon which the rest of this book builds. The Strategic Human Resource Management Model Environmental Analysis Organizational Mission and Goals Analysis Analysis of Organizational Strengths and Culture Analysis of Organizational Strategies Choice and Implementation of Human Resource Strategies Planning Human Resources Attracting Human Resources Human Resource Tactical Plans Placing, Developing, and Evaluating Human Resources Maintaining High Performance Motivating and Rewarding Human Resources Human Resource Systems and Procedures Review and Evaluation of Human Resource Strategies CHAPTER ONE Strategic Importance of Human Resource Management The successful 21st-century organization will not take the loyalty of talented people for granted. It will constantly try to recruit and keep them. … The mutual commitment of an employer and an employee will be one of the most important factors for a 21st-century organization. Subhir Chowdhury1 One CHAPTER OBJECTIVES After studying this chapter, you should be able to: • List challenges facing Canadian organizations in the context of managing their workforce. • Discuss the objectives of human resource...
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...Part 1 PA R T The Strategic Human Resource Management Model A human resource department helps organizations and their employees attain their goals. But it faces many challenges along the way. This chapter explores some of these challenges and outlines a strategic human resource management model upon which the rest of this book builds. The Strategic Human Resource Management Model Environmental Analysis Organizational Mission and Goals Analysis Analysis of Organizational Strengths and Culture Analysis of Organizational Strategies Choice and Implementation of Human Resource Strategies Planning Human Resources Attracting Human Resources Human Resource Tactical Plans Placing, Developing, and Evaluating Human Resources Maintaining High Performance Motivating and Rewarding Human Resources Human Resource Systems and Procedures Review and Evaluation of Human Resource Strategies CHAPTER ONE Strategic Importance of Human Resource Management The successful 21st-century organization will not take the loyalty of talented people for granted. It will constantly try to recruit and keep them. … The mutual commitment of an employer and an employee will be one of the most important factors for a 21st-century organization. Subhir Chowdhury1 One CHAPTER OBJECTIVES After studying this chapter, you should be able to: • List challenges facing Canadian organizations in the context of managing their workforce. • Discuss the objectives of human resource...
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...representative of company, the same may be kindly brought to the notice of ministry for rectification. LIST OF SECTION25 COMPANIES S.No. CIN COMPANY NAME GUJARAT URBAN HOUSING COMPANY K K PATEL FOUNDATION ENAR FOUNDATION RESEARCH CENTRE PARYAVARAN EDUTECH HAZIRA AREA INDUSTRIES ASSOCIATION 1 U99999GJ1966NPL001408 2 U74999GJ1986NPL009017 3 U73100GJ1992NPL017317 4 U80903GJ1993NPL020139 5 U91110GJ1993NPL020141 DATE OF REGISTERED OFFICE ADDRESS INCORPORATION 8/17/1966 BHAILAL AMIN MARG VADODARA Gujarat 390003 9/26/1986 BARODA Gujarat 3/17/1992 GYAN MANDIR NH NO 8DHARAGIRI KABILPORE NAVSARI Gujarat 9/7/1993 CENTRE FOR ENVIRONMENT-EDUCATION NFD CAMPUS THALTEJ TEKRA AHMEDABAD- Gujarat 380054 9/7/1993 801,SURYAKIRAN APARTMENT,NEAR SANT XAVIAR SCHOOL, GHOD DOD ROAD,SURAT SURAT Gujarat 395007 11/24/1993 H.N-1099, GROUND FLOOR SECTOR-27. GANDHINAGAR Gujarat 382027 1/25/1994 AVDESH HOUSE , 3RD FLOOR PRITAM NAGAR , ELLISBRIDGE AHMEDABAD Gujarat 380006 8/2/1994 14-A, PUNIT PARK, SHAHIBAUG AHMEDABAD Gujarat 380004 10/19/1995 512 / 515 G I D CPHASE I NARODA AHMEDABAD Gujarat 382330 1/31/1996 CORE HOUSE OFF C G ROADPARIMAL GARDEN ELLISBRIDGE AHMEDABAD Gujarat 380006 12/9/1996 "PARITOSH" USMANPURA AHMEDABAD Gujarat 380013 6/10/1998 GUJARAT AGRICULTURAL UNIVERSITY CAMPUS ANAND DIST KHEDA Gujarat 4/23/1999 402 SHIKHAR BUILDINGNR MOUNT CARMEL RLY NAVRANGPURA AHMEDABAD Gujarat 380009 5/4/1999 B/2 KRISHNA APARTMENTSNR LAD SOCIETY VASTRAPUR AHMEDABAD Gujarat 380015 7/21/1999 PLOT NO. 201, VERAVAL INDUSTRIES...
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...Danbro Crescent Mississauga ON L5N 8C6 Phone: 905-789-4213 Fax: 905-789-4279 E-mail: Stephen Aikman Sr. Manager, Client Strategy RBC Royal Bank 320 Front Street West, 4th Floor Toronto ON M5V 3B6 Phone: Fax: E-mail: Thomas Aldred General Manager Schenker Logistics Inc. 1920 Albion Road Rexdale ON M9W 5T2 Phone: 416-798-8070 x235 Fax: 416-798-4416 E-mail: Desmond Ali Warehouse Manager USANA, Canada Co. 1 & 2 - 361 Rowntree Dairy Road Woodbridge ON L4L 8H1 Phone: 905-264-7549 Fax: 905-264-9873 E-mail: Sabina Ali Customs & Traffic Manager Conair Consumer Products, Inc. 100 Conair Parkway Woodbridge ON L4H 0L2 Phone: 905-265-4533 Fax: 905-265-4595 E-mail: Anthony Allwood President Systems Logic 4 - 62 Plant Farm Blvd. Brantford ON N3S 7W3 Phone: 519-758-5426 Fax: E-mail: Jay Amer VP, Business Development OEEDC - Greater Peterborough 210 Wolfe Street Peterborough ON K9J 2K9 Phone: 705-743-0777 x2125 Fax: 705-743-3093 E-mail: Jill Anderson Senior Managing Consultant IBM Canada 127 Wimbleton Road Etobicoke ON M9A 3S4 Phone: 416-567-2046 Fax: E-mail: Sandy Andrews Logistics Manager Tilley Endurables, Inc. 900 Don Mills Road North York ON M3C 1V6 Phone: 416-441-6141 Fax: 416-444-3860 E-mail: Robert Antenucci Director PowerStream Inc. 161 Cityview Blvd. Vaughan ON L4H 0A9 Phone: 905-532-4558 Fax: E-mail: Arthur Aparicio Senior Planning Manager Wal-Mart Canada Corp 1940 Argentia Road Mississauga...
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...6 Build Your Vocabulary ■ ■ ■ ■ The SAT High-Frequency Word List The SAT Hot Prospects Word List The 3,500 Basic Word List Basic Word Parts be facing on the test. First, look over the words on our SAT High-Frequency Word List, which you’ll find on the following pages. Each of these words has appeared (as answer choices or as question words) from eight to forty times on SATs published in the past two decades. Next, look over the words on our Hot Prospects List, which appears immediately after the High-Frequency List. Though these words don’t appear as often as the high-frequency words do, when they do appear, the odds are that they’re key words in questions. As such, they deserve your special attention. Now you’re ready to master the words on the High-Frequency and Hot Prospects Word Lists. First, check off those words you think you know. Then, look up all the words and their definitions in our 3,500 Basic Word List. Pay particular attention to the words you thought you knew. See whether any of them are defined in an unexpected way. If they are, make a special note of them. As you know from the preceding chapters, SAT often stumps students with questions based on unfamiliar meanings of familiar-looking words. Use the flash cards in the back of this book and create others for the words you want to master. Work up memory tricks to help yourself remember them. Try using them on your parents and friends. Not only will going over these high-frequency words reassure you that you...
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...UNIVERSAL PICTURES and EMMETT / FURLA FILMS Present A MARC PLATT Production In Association with OASIS VENTURES ENTERTAINMENT LTD / ENVISION ENTERTAINMENT / HERRICK ENTERTAINMENT / BOOM! STUDIOS A BALTASAR KORMÁKUR Film PAULA PATTON BILL PAXTON JAMES MARSDEN FRED WARD and EDWARD JAMES OLMOS Executive Producers BRANDT ANDERSEN JEFFREY STOTT MOTAZ M. NABULSI JOSHUA SKURLA MARK DAMON Produced by MARC PLATT RANDALL EMMETT NORTON HERRICK ADAM SIEGEL GEORGE FURLA ROSS RICHIE ANDREW COSBY Based on the BOOM! Studios Graphic Novels by STEVEN GRANT Screenplay by BLAKE MASTERS Directed by BALTASAR KORMÁKUR –1– CAST Waitress Margie . . . . . . . . . . . . . . . . . . . . . LINDSEY GORT Roughneck #2 . . . . . . . . . . . . . . . . . HILLEL M. SHARMAN Robert “Bobby” Trench . . . . . . . . . DENZEL WASHINGTON Roughneck #3 . . . . . . . . . . . . . . . . . . . . . . . . AARON ZELL Marcus “Stig” Stigman . . . . . . . . . . . . MARK WAHLBERG Roughneck #4 . . . . . . . . . . . . . . . . . . . . . . . HENRY PENZI Deb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAULA PATTON CREW Earl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BILL PAXTON Admiral Tuwey . . . . . . . . . . . . . . . . . . . . . . . FRED J. WARD Quince . . . . . . . . . . . . . . . . . . . . . . . . . . JAMES MARSDEN Directed by . . . . . . . . . . . . . . . . . BALTASAR KORMÁKUR Papi Greco . . . . . . . . . . . . . . . . . EDWARD JAMES OLMOS Screenplay by . . . . . . . . . . . ...
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...COLLAPSE HOW S O C I E T I E S CHOOSE TO FAIL OR S U C C E E D JARED DIAMOND VIK ING VIKING Published by the Penguin Group Penguin Group (USA) Inc., 375 Hudson Street, New York, New York 10014, U.S.A. Penguin Group (Canada), 10 Alcorn Avenue, Toronto, Ontario, Canada M4V 3B2 (a division of Pearson Penguin Canada Inc.) Penguin Books Ltd, 80 Strand, London WC2R ORL, England Penguin Ireland, 25 St. Stephen's Green, Dublin 2, Ireland (a division of Penguin Books Ltd) Penguin Books Australia Ltd, 250 Camberwell Road, Camberwell, Victoria 3124, Australia (a division of Pearson Australia Group Pty Ltd) Penguin Books India Pvt Ltd, 11 Community Centre, Panchsheel Park, New Delhi—110 017, India Penguin Group (NZ), Cnr Airborne and Rosedale Roads, Albany, Auckland 1310, New Zealand (a division of Pearson New Zealand Ltd) Penguin Books (South Africa) (Pty) Ltd, 24 Sturdee Avenue, Rosebank, Johannesburg 2196, South Africa Penguin Books Ltd, Registered Offices: 80 Strand, London WC2R ORL, England First published in 2005 by Viking Penguin, a member of Penguin Group (USA) Inc. 13579 10 8642 Copyright © Jared Diamond, 2005 All rights reserved Maps by Jeffrey L. Ward LIBRARY OF CONGRESS CATALOGING IN PUBLICATION DATA Diamond, Jared M. Collapse: how societies choose to fail or succeed/Jared Diamond. p. cm. Includes index. ISBN 0-670-03337-5 1. Social history—Case studies. 2. Social change—Case studies. 3. Environmental policy— Case studies. I. Title. HN13. D5 2005 304.2'8—dc22...
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...challenging logic and reasoning problems. III. Series. BC108.A15 2006 160'.76—dc22 2005057953 Printed in the United States of America 9 8 7 6 5 4 3 2 1 Second Edition ISBN 1-57685-534-1 For information or to place an order, contact LearningExpress at: 55 Broadway 8th Floor New York, NY 10006 Or visit us at: www.learnatest.com Contents INTRODUCTION QUESTIONS ANSWERS vii 1 99 v Introduction his book—which can be used alone, with other logic and reasoning texts of your choice, or in combination with LearningExpress’s Reasoning Skills Success in 20 Minutes a Day—will give you practice dealing with the types of multiple-choice questions that appear on standardized tests assessing logic, reasoning, judgment, and critical thinking. It is designed to be used by individuals working on their own and by teachers or tutors helping students learn, review, or practice basic logic and reasoning skills. Practice on 501 logic and reasoning questions will go a long way in alleviating test anxiety, too! Maybe you’re one of the millions of people who, as students in elementary or high school, never understood the necessity of having to read opinion essays and draw conclusions from the...
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...ADRA AC&H AC&H H&S ADRA HA HA H&S OI REC NAT NAT OI VOC VOC SGO&H REC SGO&H pathfinder honor book 2014 revision general conference youth ministries department -1- ADRA AC&H H&S NAT HA OI SGO&H REC VOC pathfinder honor book 2014 revision general conference youth ministries department -3- General Conference Youth Ministries Department Director: Gilbert Cangy General Conference Associate Youth Director/Pathfinder World Director: Jonatan Tejel General Conference Honors Committee: Jonatan Tejel, Chairman Vanessa Correa, Secretary Gennady Kasap: ESD Youth Director Busi Khumalo: SID Youth Director Mark O’Ffill: NAD representative John Sommerfeld: SPD representative Paul Tompkins: TED Youth Director Jobbie Yabut: SSD Youth Director Udolcy Zukowski: SAD Pathfinder Director Copyright © 2014 by the Youth Ministries Department of the Seventh-day Adventist® Church All rights reserved. Published 2014 First edition published 1998. Second edition 2011. Third edition 2014 Rights for publishing this book outside the U.S.A. or in non-English languages are administered by the Youth Ministries Department of the Seventh-day Adventist® Church. For additional information, please visit our website, www.gcyouthministries. org, email youthinfo@gc.adventist.org, or write to Youth Ministries Department, General Conference of Seventh-day Adventists® Church, 12501 Old Columbia Pike, Silver Spring, MD 20904, U.S.A. Cover and inside design by Jonatan Tejel Printed in the United...
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...The Story of the Fourth of July The Declaration of Independence We celebrate American Independence Day on the Fourth of July every year. We think of July 4, 1776, as a day that represents the Declaration of Independence and the birth of the United States of America as an independent nation. But July 4, 1776 wasn't the day that the Continental Congress decided to declare independence (they did that on July 2, 1776). It wasn’t the day we started the American Revolution either (that had happened back in April 1775). And it wasn't the day Thomas Jefferson wrote the first draft of the Declaration of Independence (that was in June 1776). Or the date on which the Declaration was delivered to Great Britain (that didn't happen until November 1776). Or the date it was signed (that was August 2, 1776). So what did happen on July 4, 1776? The Continental Congress approved the final wording of the Declaration of Independence on July 4, 1776. They'd been working on it for a couple of days after the draft was submitted on July 2nd and finally agreed on all of the edits and changes. July 4, 1776, became the date that was included on the Declaration of Independence, and the fancy handwritten copy that was signed in August (the copy now displayed at the National Archives in Washington, D.C.) It’s also the date that was printed on the Dunlap Broadsides, the original printed copies of the Declaration that were circulated throughout the new nation. So when people thought of the Declaration of Independence...
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...stoAnnual Report 2010 2010 year ended august 29, 2010 THE COMPANY Costco Wholesale Corporation and its subsidiaries (“Costco” or the “Company”) began operations in 1983 in Seattle, Washington. In October 1993, Costco merged with The Price Company, which had pioneered the membership warehouse concept, to form Price/Costco, Inc., a Delaware corporation. In January 1997, after the spin-off of most of its non-warehouse assets to Price Enterprises, Inc., the Company changed its name to Costco Companies, Inc. On August 30, 1999, the Company reincorporated from Delaware to Washington and changed its name to Costco Wholesale Corporation, which trades on the NASDAQ under the symbol “COST.” As of December 2010, the Company operated a chain of 582 warehouses in 40 states and Puerto Rico (425 locations), nine Canadian provinces (80 locations), the United Kingdom (22 locations), Korea (seven locations), Taiwan (six locations, through a 55%-owned subsidiary), Japan (nine locations) and Australia (one location), as well as 32 warehouses in Mexico through a 50%-owned joint venture. CONTENTS Financial Highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Letter to Shareholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Map of Warehouse Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
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