Conclusions. 1. There is no basis for finding that the agreement discriminates against any telecommunications carrier not a party to the agreement.
Conclusions. Strategic implications In this final section we share some thoughts on the broader implications of the CCA on the sector. In this report we have explained how the CCA scheme works and how targets are set for the data centre sector. We have set out the performance of the sector against its first target under the scheme and are very pleased that the sector exceeded this preliminary target by a comfortable margin, which sets us up well for our more ambitious second milestone. Whilst interpretation of the results is inevitably limited by the fact that the reporting period was abnormally short, some very useful insights have emerged. We have explored the effect the scheme has had on energy stewardship, but more importantly have gained a much better understanding of the barriers that are preventing the implementation of efficiency measures. We have also explored how the CCA is likely to influence the evolution of the sector as a whole. We have also shared our thoughts on recent policy developments likely to impact this sector. We have reviewed the CCA as a policy tool and explained why the UK data centre sector remains in critical need of this kind of support. In this final section we sum up some of the more strategic implications of the scheme including greater investor confidence, an enhanced understanding of how the sector uses energy, also, with data centres now firmly on the policy radar, a conduit for constructive policy dialogue going forward. Energy stewardship: As documented in the previous sections, initial feedback on the impact of the scheme on energy stewardship is very encouraging and we are also learning invaluable lessons about the barriers to implementing improvements. We will continue to monitor the sector very closely on the ways that the CCA is driving behaviour change. Investor confidence: Data centres are unusual in that the sector has seen more significant growth than perhaps any other CCA sector over the last few years and is also one of the most location agnostic sectors: unlike manufacturing where products need to be transported physically to their markets, data is the most mobile commodity on earth and can be transported at almost negligible cost and with almost negligible delay. Although some data centre services are location sensitive, many are not, especially those where there is greatest growth potential, such as cloud. So the sector is perhaps the best placed of any CCA sector to act as a barometer for the effectiveness of the pol...
Conclusions. Stanxxx xxxcluded that, based upon and subject to its analysis, assumptions, limitations and qualifications cited in its opinion, and as of the date of the fairness opinion, the merger value to be paid in cash for the limited partner interests in connection with the mergers is fair from a financial point of view to the limited partner of each respective partnership. Compensation and Material Relationships. Stanxxx xxx been paid a fee of $200,000 in connection with the rendering of the fairness opinion. Such fee was not conditioned on Stanxxx'x xxxdings and is payable whether or not the mergers are consummated. In addition, Stanxxx xxxl be reimbursed for all reasonable out-of-pocket expenses, including legal fees, and will be indemnified against certain liabilities including certain liabilities under the securities laws. During the past two years, the partnerships had engaged Stanxxx xx render financial advisory services in connection with proposed transactions which were withdrawn and never consummated. In connection with such assignments Stanxxx xxx paid fees aggregating $125,000. ALTERNATIVE TRANSACTIONS TO THE MERGERS We considered the following alternative types of transactions before selecting the merger transaction described in this document. As discussed below, we believe that the mergers are the best available alternative for the partnerships to maximize the value of the partnerships' property interests.
Conclusions. Rights management within large scale digitisation plans of li- brary collections suffers from the well known phenomenon of high transaction costs. The traditional solution of collective management is still an effective way to approach the problem, but requires re- shaping in comparison to the past. My proposal is to go back to the principles that characterised the collective management of rights, and abandon the individual elements of previous solutions, which instead can be misleading. In my view, in a changing world, models for managing rights based on stakeholders consensus, like the VSAs, are preferable, because (i) they are more flexible and thus easier to change when the context changes, and (ii) any top-down solution, like an ad hoc copyright exception, is very difficult to define in such a challenging field. The difficulty comes from a peculiar feature of collective management of rights in this context. Digital libraries re- quire licenses for very primary exploitation of the works, including making the content available online. Being aware of this, the defini- tion of the scope of any agreement is very delicate, and can not be done without direct involvement of stakeholders concerned. Recent experiences show that when stakeholders started a negotiation with open mind, they have found solutions, most of the times based on the distinction between categories of books, and in particular on the distinction between in print and out of print works. It is worth recalling the nature of the transaction cost problem implied in a large scale digitisation programme. Significant costs are related to ”search”: there may be little incentive for buyers and sellers to look for each other to finalise a deal, when this deal has little financial value for both of them. There may be many mechanisms making such a situation undesirable. Varian (“Copyright term extension and orphan works”) provides a comprehensive analysis of the prob- lem and proposes a simple formalisation that helps very much in understanding the points I discuss here. When a work is still ac- tively commercialised, the transaction cost issue simply does not exist for a primary use such as full making available online. The value of the deal fully justifies dedicating some efforts in searching and negotiating. Furthermore, search costs are very small, since publishers actively promote the book, and there are very good in- formation resources (primary the ”books in print” databases) that allow to reach t...
Conclusions. The decision-taking processes within the WTO are framed by various endogenous and exogenous factors. In this article, the elements that affect education liberalization decisions have been ordered in a pluri-scalar analytical model. The final model (see Figure 2) distinguishes the structures from the events, and emphasizes the explanatory power of intermediate elements. These elements refer to interests, ideas and mechanisms activated by human agency within the politics of the services negotiations. Since the 1990s, the WTO has joined the group of trade and finance-driven international organizations with ‘education’ in its framework. The fact that education regulation is being altered by the decisions that are taken in an international trade forum is a clear example of how economic globalization affects transformations in current education systems. Indeed, the WTO system of rules, far from being neutral, tries to drive member countries to apply free trade policies in education and all other service and commodity sectors. The WTO rules are powerful, but not absolute and their effects on national education policies are not always direct. In fact, in the current round, the Doha Round, the WTO rules are clearly mediated by the mercantilist ideology that predominates in the negotiation process. After penetrating the black-box of the negotiations, it can be observed that member countries are basically pushing to maximize the interests of their national export industry. Consequently, most countries will liberalize education if doing so permits them to achieve their general trade objectives within the negotiation process. This bargaining chip mechanism is another clear sign that extra-education factors and rationales can affect the content of national educational policies and regulations. It also shows that, although the “demands of global Capital” help explain the existence of GATS, the specific demands of nation- based capitalist factions explain better whether or not countries decide to apply the GATS disciplines to the education sector. Nevertheless, the WTO services negotiations do not only reflect the conflicting interests of the member countries and their export industries. On occasion, the negotiation procedure, which requires new pluri-scalar patterns of political coordination, generates tensions and conflict of interests within the State itself. This reinforces the idea that the State, rather than being a ‘rational subject’ or a ‘static unit’, is a field ...
Conclusions. Public participation is recognized as a key element in the context of environment and health issues. The success of the landmark 1998 Aarhus Convention in providing a mechanism for holding gov- ernments to account through its twin protections of environmental and human rights served as a model for other regions of the world, such as Latin America and the Caribbean. The adoption of the Escazú Agreement affirms the value of the regional dimension of multilateralism for sustainable development, and the importance of the involvement of civil society and the wider public in the negotiations. Once an international agreement comes into force, the tasks of implementation still lie ahead. Im- plementation to bring national laws in compliance with the sometimes abstract provisions of the Agreement will be a great challenge for the Parties. Ultimately, the effective implementation of the Agreement depends on the willingness of the Parties to implement its provisions fully and in a progressive manner. While any practical implementation of the provisions of the Agreement as well as any future regulatory developments in this field will need to be based on national and local specifics, government agencies and other stakeholders in the ECLAC region can learn from the relevant experience in other regions, such as UNECE. Hopefully, the most vulnerable persons and groups will be the true beneficiaries of the Agreement: indigenous peoples, Afro-descendant populations, women and children. The protection of persons and groups in vulnerable situations is a concept that runs throughout the Escazú Agreement.72 Fur- thermore, by fostering access rights, the Agreement can support the safeguarding of the rights of the public in the context of climate change. While the impacts of climate change and vulnerability of the poorest communities may vary, on the whole climate change will aggravate existing vul- nerabilities. Climate change is a threat multiplier, disproportionately accentuating its impacts on countries and those segments of the population that are already at a disadvantage. The poor tend to be worst affected by disasters and may also find it particularly hard to respond to the effects of 70 Report of the fourteenth session of the regional conference of women in Latin America and the Caribbean, LC/ CRM.14/7, 3 August 2020, p. 25. xxxxx://xxxxxxxxxxx.xxxxx.xxx/bitstream/handle/11362/45870/S2000518_en.pdf?se- quence=1&isAllowed=y (14 March 2021). 71 See Escazú Agreement, Art. 9...
Conclusions. Demographic changes and the capacity to make labour markets more inclusive vis-a-vis the progressive ageing of the workforce represent shared areas of interest and challenges or concerns for all Member States. There is a general consensus on the need for actions to make sure that these changes and their impacts on the labour market are accompanied in a successful way. Social partners, public institutions and different stakeholders are aware that these phenomena are impacting the labour market, especially, if coupled with increasing digitalisation and skills-related needs. Fostering healthy active ageing and undertaking an intergenerational approach to address these challenges in all possible dimensions – including the European one – represents a priority across Member States. The overall aim of the EU social partners has been to design effective tools to support initiatives at all appropriate levels (national/sectoral/company) as well as using the Autonomous Framework Agreement on Active Ageing and an Inter-generational Approach (AFA-AAIA) as a basis to raise awareness and devise actions with other stakeholders and governments to deal with the challenges in a proactive way. The agreement identifies a wide range of areas and proposes directions for interventions to accompany demographic change and address the related challenges on the labour market. The selection of tools designed by national social partners to implement the framework agreement reflects the huge variety of national realities and industrial relations systems: the full range of adopted instruments include legislation, agreements between national social partners, bipartite or tripartite actions at different levels, diverse country-wide policy tools, complementary actions and transnational activities. A relevant number of tripartite agreements have been signed, showing the value of joint, far-reaching and integrated measures to ensure comprehensive interventions to address the issues at stake in the agreement. The number of bipartite and unilateral actions is also significant proof that social partners made efforts to implement the agreement in a meaningful way. The implementation process was particularly rich in activities that present their own value with respect to social partners’ agreements, tripartite agreements, and the adoption of legislative initiatives. The phase of coordinated actions across the EU to implement the AFA-AAIA has been impacted by the Covid-19 pandemic, as expected. Alt...
Conclusions. Based upon the Internal Revenue Code of 1986, as amended (the "Code"), applicable Treasury Department regulations in effect as of the date hereof, current published administrative positions of the Internal Revenue Service contained in revenue rulings and procedures, and judicial decisions, and upon the assumptions and representations referred to herein and the documents provided to us by you (including the Proxy Statement and the Reorganization Agreement), it is our opinion for Federal income tax purposes that:
Conclusions. Actigraphy and diary may be interchange- ably used for the assessment of sleep start, sleep end, and assumed sleep but not for nocturnal wake times. The xx- xxx is a cost-effective and valid source of information about children’s sleep-schedule times, while actigraphy may pro- vide additional information about nocturnal wake times or may be used if parents are unable to report in detail. It is insufficient to collect information by a question- naire or an interview asking about children’s normal sleep patterns. Arch Pediatr Adolesc Med. 2008;162(4):350-358 Author Affiliations: Child Development Center, University Children’s Hospital, Zurich, Switzerland. HE EVALUATION OF CHIL- T xxxx’s sleep-wake patterns is essential for the identifi- cation and management of sleep problems, which affect 20% to 30% of children 1 or more times during childhood.1 The assessment of sleep-wake patterns in children is also an important procedure in basic and clini- cal pediatric sleep research. A frequent approach to assess the child’s sleep-wake patterns is simply to ask the par- ents as part of the interview. Additional data may be collected either by questionnaires or sleep diaries, which visualize sleep pat- terns over time. Other methods include actigraphy, providing a reliable and objec- tive estimation of sleep times and interrup- tions over multiple days,2,3 and polysom- nography, tracking the microstructure of sleep in the laboratory over 1 or 2 nights. These most commonly used methods are different in terms of duration, effort, cost, and source of information. Interview pro- cedures, questionnaires, and diaries are based on parental reports (subjective in- formation), whereas actigraphy records ob- jective measures of the child’s sleep-wake patterns derived from movements. The source of information (subjective vs objec- tive) in the evaluation of sleep-wake pat- terns has been a topic in several studies with different populations (adults vs children, normal vs clinical samples) and different devices.4-8 It has been repeatedly demon- strated that subjective, compared with ob- jective, reports are limited by the re- stricted and biased knowledge that parents have about children’s sleep.7 However, pa- rental reports remain a time- and cost- effective way of collecting data in research and clinical settings. We note that previous investigations have primarily focused on infants9,10 and adolescents11 while attention has been less strong on school-aged children. In fact, t...
Conclusions. Based upon the Internal Revenue Code of 1986, as amended (the “Code”), applicable Treasury Department regulations currently in effect, current published administrative positions of the Internal Revenue Service, and judicial decisions, and upon the assumptions and representations referred to herein and the documents provided to us by you (including the Combined Proxy Statement and Prospectus dated [DATE] (the “Proxy-Prospectus”), and the Reorganization Agreement), and subject to the limitations set forth below, it is our opinion that, for Federal income tax purposes: