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A Force Majeure Event?
COVID-19: A FORCE MAJEURE EVENT? Following the outbreak of the novel coronavirus and the consequential surveillance and controls introduced by a number of governments including the Luxembourg government, it may become essential to determine whether these events may be considered as force majeure events under Luxembourg law. Following the outbreak of the novel coronavirus, one question arising with regard to contracts is whether this outbreak and its consequences, especially also taking into account the measures taken by different governments, including amongst others confinement measures, closure of the borders, possible closure of companies, etc. - may be considered as a force majeure event. This may be envisaged from two perspectives. Firstly, there may be a force majeure clause in a given agreement. Such a clause is normally used to describe a contractual term by which one or both of the parties is entitled to suspend performance of its affected obligations or to claim an extension of time for performance, following a specified event or events beyond its control. It may also entitle termination of the contract, usually if it exceeds a specified duration. Whether or not the outbreak of the novel coronavirus will constitute force majeure in a contract is very much a case of interpretation of the relevant wording in the contract, and such clauses would need to be analysed in detail. Secondly, according to general Luxembourg civil law principles, a force majeure event may be raised by a party responsible of having breached its contractual obligations in order to be discharged from its liability. According to Luxembourg case law, a force majeure event has to be (i) external to the liable party, (ii) unpredictable and (iii) irresistible. -
The Heart of Rock and Soul by Dave Marsh
The Heart of Rock and Soul by Dave Marsh 61 MAKING LOVE [AT THE DARK END OF THE STREET), Clarence Carter Produced by Rick Hall; written by Chips Moman, Dan Penn, and Clarence Carter Atlantic 2605 1969 Did not make pop chart In Southern soul the goal is to mingle the sexual into the spiritual so thoroughly that they can no longer be distinguished. No one has ever essayed the task more outrageously than Carter does in these four minutes of preaching and thirty seconds of singing. He begins at the beginning: With the birds and the bees, hilariously contrasting the sexual behavior of animals with the less straightforward procreative habits of human beings. "We like to get ourselves 'bout fifty cent worth of gas. And we like to drive waaay down a country road somewhere. Awww, and we like to make love in a car, children " says Carter, his voice rising to shout and then subsiding into one of his patented leering chuckles: "Heh, heh, heh." The music (orchestrated Muscle Shoals soul) swells; clown-time is over. Carter describes the deceptive habits of folks, male and female, who like to "slip around." Piano, horns, and drums practically sob with the resonance of his voice as he intones the final lines of his homily. I have heard Carter's spiel perhaps two hundred times and every time he reaches the climax, the hair on the back of my neck begins to tickle and goose bumps break out. It's not what he says so much as how. "Well, I tell ya, it makes no difference if you came from the city. -
Force Majeure and Climate Change: What Is the New Normal?
Force majeure and Climate Change: What is the new normal? Jocelyn L. Knoll and Shannon L. Bjorklund1 INTRODUCTION ...........................................................................................................................2 I. THE SCIENCE OF CLIMATE CHANGE ..................................................................................4 II. FORCE MAJEURE: HISTORY AND DEVELOPMENT .........................................................8 III. FORCE MAJEURE IN CONTRACTS ...................................................................................11 A. Defining the Force Majeure Event. ..............................................................................12 B. Additional Contractual Requirements: External Causation, Unavoidability and Notice 15 C. Judicially-Imposed Requirements. ...............................................................................18 1. Foreseeability. .................................................................................................18 2. Ultimate (or external) causation.....................................................................21 D. The Effect of Successfully Invoking a Contractual Force Majeure Provision ............25 E. Force Majeure in the Absence of a Specific Contractual Provision. ...........................25 IV. FORCE MAJEURE PROVISIONS IN STANDARD FORM CONTRACTS AND MANDATORY PROVISIONS FOR GOVERNMENT CONTRACTS ......................................28 A. Standard Form Contracts .............................................................................................28 -
Zest Group Plc, Whose Names Appear on Page 5 of This Document, Accept Responsibility, Individually and Collectively, for the Information Contained in This Document
THIS DOCUMENT IS IMPORTANT AND REQUIRES YOUR IMMEDIATE ATTENTION. If you are in any doubt about the contents of this document and what action you should take you are recommended immediately to seek your own financial advice from an independent financial adviser who specialises in advising on the acquisition of shares and other securities and is authorised under the Financial Services and Markets Act 2000. Application will be made for the Ordinary Shares to be admitted to trading on AIM. AIM is a market designed primarily for emerging or smaller companies to which a higher investment risk tends to be attached than to larger or more established companies. AIM securities are not admitted to the official list of the United Kingdom Listing Authority. A prospective investor should be aware of the risks of investing in such companies and should make the decision to invest only after careful consideration and, if appropriate, consultation with an independent financial adviser. Neither the London Stock Exchange nor the UK Listing Authority has examined or approved the contents of this document. The directors of Zest Group plc, whose names appear on page 5 of this document, accept responsibility, individually and collectively, for the information contained in this document. To the best of the knowledge and belief of the Directors (who have taken all reasonable care to ensure that such is the case), the information contained in this document is in accordance with the facts and does not omit anything likely to affect the import of such information. Notwithstanding that this document is an admission document drawn up in accordance with the AIM Rules, this document does not comprise a prospectus and has not been delivered to the Registrar of Companies in England and Wales. -
“It's Just a Matter of Time”: African American Musicians and The
“It’s just a matter of time”: African American Musicians and the Cultural Boycott in South Africa, 1968-1983 by Ashrudeen Waggie Thesis presented in fulfilment of the requirements for the degree of Master of Arts (History) in the Faculty of Arts and Social Sciences at Stellenbosch University Supervisor: Dr. L. Lambrechts Co-supervisor: Dr. C. J. P. Fransch March 2020 Stellenbosch University https://scholar.sun.ac.za Declaration By submitting this thesis electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the sole author thereof (save to the extent explicitly otherwise stated), that reproduction and publication thereof by Stellenbosch University will not infringe any third-party rights and that I have not previously in its entirety or in part submitted it for obtaining any qualification. Ashrudeen Waggie March 2020 Copyright © 2020 Stellenbosch University All rights reserved i Stellenbosch University https://scholar.sun.ac.za Abstract In 1968 the United Nations General Assembly instituted a cultural boycott against apartheid South Africa. The cultural boycott prevented South Africa from having cultural, educational and sporting ties with the rest of the world, and it was an attempt by the international community to sever ties with South Africa. A culmination of this strategy was the publication of an annual registry by the United Nations of all international entertainers, actors, and others who performed in South Africa from 1983. Based on this registry a number of academic studies have been conducted, but very few studies have investigated those who came to perform in South Africa before the publication of the registry even though renowned artists such as Percy Sledge (1970), Brook Benton (1971 & 1982), Jimmy Smith (1978 & 1982) and Isaac Hayes (1978) performed in South Africa during this time. -
Wavelength (June 1983)
University of New Orleans ScholarWorks@UNO Wavelength Midlo Center for New Orleans Studies 6-1983 Wavelength (June 1983) Connie Atkinson University of New Orleans Follow this and additional works at: https://scholarworks.uno.edu/wavelength Recommended Citation Wavelength (June 1983) 32 https://scholarworks.uno.edu/wavelength/32 This Book is brought to you for free and open access by the Midlo Center for New Orleans Studies at ScholarWorks@UNO. It has been accepted for inclusion in Wavelength by an authorized administrator of ScholarWorks@UNO. For more information, please contact [email protected]. DEVELOPING THE NEW LEADERSHIP IN NEW ORLEANS MUSIC A Symposium on New Orlea Music Business Sponsored by the University of New Orleans Music Department and the Division of Continuing Education and wavelength Magazine. Moderator John Berthelot, UNO Continuing Education Coordinator/Instructor in the non-credit music business program. PROGRAM SCHEDULE How To Get A Job In A New Orleans Music Club 2 p.m.-panel discussion on the New Orleans club scene. Panelists include: Sonny Schneidau, Talent Manager. Tipitina's, John Parsons, owner and booking manager, Maple Leaf Bar. personal manager of • James Booker. one of the prcx:lucers of the new recording by James Booker. Classified. Jason Patterson. music manager of the Snug Harbor. associate prcx:lucer/consultant for the Faubourg Jazz Club, prcx:lucer for the first public showing of One Mo· Time, active with ABBA. foundation and concerts in the Park. Toulouse Theatre and legal proceedings to allow street music in the French Quarter. Steve Monistere, independent booking and co-owner of First Take Studio. -
Muscle Shoals Sound Records
WHO'S WHO AT MUSCLE SHOALS SOUND RECORDS 1000 Alabama Avenue, P.O. Box 915, Sheffield, Ala. 35660 (205) 381-9200 Muscle Shoals Sound Records was more or less the natural extension of what had become one of the most successful production organizations in the business. The four principals of the production company, Jimmy Johnson, Barry Beckett, David Hood and Roger Hawkins made up what became the legendary "Muscle Shoals Rhythm Section". Jimmy and Roger met while playing in local bands at school dances and clubs along the state line. They were later members of an early 60's group called the Delrays. At the same time David Hood was playing in a group called the Mystics. Johnson was the first to move into studio work when he began working with producer Rick Hall as an engineer and their session guitarist. By 1964 Jimmy and Roger were working regularly at Fame Studios with the occasional assistance of David Hood, when Hood could get away from his father's tire store a block and a half away from the studio. In 1966 Hawkins and Johnson played on their first million seller, "When A Man Loves A Woman" by Percy Sledge. In 1967 Barry Beckett came to Muscle Shoals to cut "I'm Your Puppet" by James and Bobby Purify. It was about that time that Spooner Oldham, the Muscle Shoals keyboard player, decided to move to Mem- phis. Shortly thereafter, Barry Becket and his family came to Muscle Shoals and the Rhythm Section was formed. By the late 1960's there were 3 studios in Muscle Shoals and the Rhythm Section was working at all of them. -
COVID-19: Force Majeure and Contract Considerations for Buyers and Sellers
COVID-19: Force Majeure and Contract Considerations for Buyers and Sellers On March 18, 2020, Robinson+Cole’s Taylor Shea and Jeff White participated in the Coronavirus Special Topics Conference Call hosted by the U.S. Department of Commerce. An overview of their presentation is below. FREQUENTLY ASKED QUESTIONS CHECKLIST What is a force majeure provision? If you are making a force majeure claim: + A force majeure provision is a clause in a contract that generally + Confirm that you have the right to claim a excuses a party for non-performance under a contract if the non- force majeure event has occurred under your performance is caused by an event that is outside the reasonable contract. control of the affected party. + Carefully consider what force majeure event What if my contract does not contain a force majeure provision? you will declare and how it is framed. + Typically, force majeure provisions are not read into contracts; + Be mindful of your mitigation obligations, and they must be expressly stated in a contract for an affected party document all of them. to be able to invoke. If your contract is silent, there may be other remedies an affected party can pursue (e.g., under the Uniform + Make sure you deliver notices in compliance Commercial Code or the common law). with your contract. Where is a force majeure provision found in a contract? + Do not favor one customer over another. + It can be anywhere, but will typically be found in the “boilerplate” If you receive a force majeure notice claim: language of a contract – which is basically the legal jargon at the + Confirm that the other party has a right to claim end of agreement. -
Wavelength (January 1985)
University of New Orleans ScholarWorks@UNO Wavelength Midlo Center for New Orleans Studies 1-1985 Wavelength (January 1985) Connie Atkinson University of New Orleans Follow this and additional works at: https://scholarworks.uno.edu/wavelength Recommended Citation Wavelength (January 1985) 51 https://scholarworks.uno.edu/wavelength/51 This Book is brought to you for free and open access by the Midlo Center for New Orleans Studies at ScholarWorks@UNO. It has been accepted for inclusion in Wavelength by an authorized administrator of ScholarWorks@UNO. For more information, please contact [email protected]. NEW ORLEANS MUSIC MAGAZ, " ISSUE NO. 51 JANUARY • 1985 $1.50 S . s DrPT. IULK RATE US POSTAGE JAH ' · 5 PAID Hew Orleans. LA EARL K.LC~G Perm1t No. 532 UBRf\RYu C0550 EARL K LONG LIBRARY UNIV OF N. O. ACQUISITIONS DEPT N. O. I HNNY T L)e GO 1ST B T GOSP RO P E .NIE • THE C T ES • T 0 S & T ALTER MOUTON, , 0 T & BOUR E (C JU S) • OBER " UNI " 0 KWO • E ·Y AY • PLEASA T JOSE H AL BL ES N GHT) 1 Music Pfogramming M A ~ -----leans, 2120 Canal, New Orleans, LA-70112 WAVELENGTH ISSUE NO. 51 e JANUARY 1985 "I'm not sure, but I'm almost positive, that all music came from New Orleans." Ernie K-Doe, 1979 FEATURES Remembering the Beaconette ...... 14 The Line ........................ 22 An American Mother . ............. 24 1984 Band Guide ................. 27 DEPARTMENTS January News .................. ... 4 It's Music . 8 Radio ........................... 14 New Bands ...................... 13 Rhythmics. 10 January Listings . ................. 3 3 C/assijieds ...................... -
The Top 7000+ Pop Songs of All-Time 1900-2017
The Top 7000+ Pop Songs of All-Time 1900-2017 Researched, compiled, and calculated by Lance Mangham Contents • Sources • The Top 100 of All-Time • The Top 100 of Each Year (2017-1956) • The Top 50 of 1955 • The Top 40 of 1954 • The Top 20 of Each Year (1953-1930) • The Top 10 of Each Year (1929-1900) SOURCES FOR YEARLY RANKINGS iHeart Radio Top 50 2018 AT 40 (Vince revision) 1989-1970 Billboard AC 2018 Record World/Music Vendor Billboard Adult Pop Songs 2018 (Barry Kowal) 1981-1955 AT 40 (Barry Kowal) 2018-2009 WABC 1981-1961 Hits 1 2018-2017 Randy Price (Billboard/Cashbox) 1979-1970 Billboard Pop Songs 2018-2008 Ranking the 70s 1979-1970 Billboard Radio Songs 2018-2006 Record World 1979-1970 Mediabase Hot AC 2018-2006 Billboard Top 40 (Barry Kowal) 1969-1955 Mediabase AC 2018-2006 Ranking the 60s 1969-1960 Pop Radio Top 20 HAC 2018-2005 Great American Songbook 1969-1968, Mediabase Top 40 2018-2000 1961-1940 American Top 40 2018-1998 The Elvis Era 1963-1956 Rock On The Net 2018-1980 Gilbert & Theroux 1963-1956 Pop Radio Top 20 2018-1941 Hit Parade 1955-1954 Mediabase Powerplay 2017-2016 Billboard Disc Jockey 1953-1950, Apple Top Selling Songs 2017-2016 1948-1947 Mediabase Big Picture 2017-2015 Billboard Jukebox 1953-1949 Radio & Records (Barry Kowal) 2008-1974 Billboard Sales 1953-1946 TSort 2008-1900 Cashbox (Barry Kowal) 1953-1945 Radio & Records CHR/T40/Pop 2007-2001, Hit Parade (Barry Kowal) 1953-1935 1995-1974 Billboard Disc Jockey (BK) 1949, Radio & Records Hot AC 2005-1996 1946-1945 Radio & Records AC 2005-1996 Billboard Jukebox -
The Last Days of John Lennon
Copyright © 2020 by James Patterson Hachette Book Group supports the right to free expression and the value of copyright. The purpose of copyright is to encourage writers and artists to produce creative works that enrich our culture. The scanning, uploading, and distribution of this book without permission is a theft of the author’s intellectual property. If you would like permission to use material from the book (other than for review purposes), please contact [email protected]. Thank you for your support of the author’s rights. Little, Brown and Company Hachette Book Group 1290 Avenue of the Americas, New York, NY 10104 littlebrown.com twitter.com/littlebrown facebook.com/littlebrownandcompany First ebook edition: December 2020 Little, Brown and Company is a division of Hachette Book Group, Inc. The Little, Brown name and logo are trademarks of Hachette Book Group, Inc. The publisher is not responsible for websites (or their content) that are not owned by the publisher. The Hachette Speakers Bureau provides a wide range of authors for speaking events. To find out more, go to hachettespeakersbureau.com or call (866) 376-6591. ISBN 978-0-316-42907-8 Library of Congress Control Number: 2020945289 E3-111020-DA-ORI Table of Contents Cover Title Page Copyright Dedication Prologue Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 — Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18 — Chapter 19 Chapter 20 Chapter 21 Chapter 22 Chapter 23 Chapter 24 -
Rishi Malhotra
TCNJ JOURNAL OF STUDENT SCHOLARSHIP VOLUME XIV APRIL 2012 HETEROSEXUAL ANDROGYNY, QUEER HYPERMASCULINITY, AND HETERONORMATIVE INFLUENCE IN THE MUSIC OF FREDDIE MERCURY AND QUEEN Author: Rishi Malhotra Faculty Sponsor: Wayne Heisler, Department of Music ABSTRACT AND INTRODUCTION In a musical career that spanned two decades, Freddie Mercury served as lead vocalist and chief songwriter for the rock band, Queen. Initially regarded as a glam-metal outfit, they later experimented with more eclectic musical styles, notably the rock-opera fusion that characterized Mercury‟s widely successful composition, “Bohemian Rhapsody.” Mercury‟s use of imagery in live performances and music videos helped to shape responses to his lyrics and music. His change in appearance from androgynous, heterosexual rock star to “gay macho clone” led many to speculate that he was homosexual, although he never disclosed his orientation until shortly before his death. His protean appearance contrasted with his lyrical and musical consistency and provided alternative avenues for interpreting his music beyond the scope of heteronormativity. Many songs that were initially construed as reflecting his assumed heterosexuality were later interpreted as expressions of his homosexuality. Mercury has retained a legacy amongst admirers of differing sexual orientations, from members of the gay community during the early years of the AIDS epidemic to sports fans in stadiums around the world. Heteronormativity, according to Judith Butler, assumes heterosexuality as the norm, and deviation from heterosexuality as unnatural or abnormal. The apparent tendency to avoid decentralization of sexual identities and to default to heteronormative viewpoints is evident in the rock and pop music of Freddie Mercury and Queen.