Friday, November 30, 2012

Mental Health - Science Proves Itching and Yawning are ...

Science Proves Itching and Yawning are Legitimately Contagious 3 5 2

itching and yawning found by science to be legitimately contagious Auremar/PhotoSpin

I remember being in a psychology class in college and being warned (quite seriously) by the professor to never yawn in his class.

He found it insulting, irritating and said it caused others to start it too -- that it was actually contagious.

I sat high up in the auditorium (my usual spot in college anyway) to make sure if I did yawn, I didn't get called out. He certainly called out the students he saw yawning.

His classes were interesting but didn't end until 10 p.m. when most students were finishing out four hours of classes, after a long work day that generally started at 8 a.m. Yawns happen after a 14-hour day.

He was right about contagion, though. Ever watch someone yawn and find yourself yawning a few seconds later? Are you yawning now, just reading this?

Something else that has a scientific basis is the fact that itching is also contagious. When hearing stories of hives, we often end up scratching our own skin. When we see someone itching, it causes us to mimic the actions.

Do you have an itch somewhere and then end up itching a large part of your body because everything ends up feeling like it desperately needs a scratch? That's the contagious part of itching !

A psychologist named Henning Holle from the University of Hull in England asked 51 adults to watch a video of people scratching themselves and another of them tapping themselves on various body parts. The researcher, Henning Holle, asked these adults to watch a series of images that tested the following personality traits: openness, conscientiousness, extroversion, agreeableness and neuroticism.

An imaging system was used to see how the brain reacted, by monitoring blood flow to the brain. Two-thirds started scratching themselves upon watching the scratching video.

Holle wanted to know why this was happening. According to the NBC article that wrote about this story, "...watching an itch sparks activity in the anterior insular, primary somatosensory area, and the prefrontal and premotor cortices.

We value and respect the experiences of all of our HERWriters, but everyone is different. Many of our writers are speaking from personal experience, and what's worked for them may not work for you. Their articles are not a substitute for medical advice although we hope you can gain knowledge from their insight.

Source: http://www.empowher.com/mental-health/content/science-proves-itching-and-yawning-are-legitimately-contagious

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Thursday, November 29, 2012

Call Of Duty: Black Ops 2 Easter Eggs Guide | Video Game Blog ...

In true Call Of Duty tradition, Call Of Duty: Black Ops 2 has got a good share of easter eggs: some are easy to miss, others don?t serve a real purpose while others activate a special music track or even let you play some arcade classics from the 80s.

Thor?s Hammer

There?s no real reason in including the hammer for the Norse Thunder God Thor in a game like Black Ops 2, except to show gamers the love developers have for that god, or probably just of the Marvel Comics character based on the ancient god.? The Mjolnir can be seen during the Celerium mission in single player campaign: after
the wingsuits are used for the first time, you?ll have to clear the area near the elevator. Once you?re done, go back to the ridge and there should be a small ravine: get down and enter the cave: the hammer is inside. As I said, there?s no real purpose in discovering this easter egg since the hammer can?t be used or moved, it?s just stuck there.

Basketball

This is one of those easter eggs that are hard to miss: during the Raid multiplayer map, there?s a large basketball court behind one of the houses and you can play basketball by shooting the three balls lined up across the hoop; you can even use the knife to play, making it even harder. Is there a reward in doing this? No, but hey, it?s basketball so it?s gotta be fun, right?

Zombies in Standoff

This one is quite a nice joke: in one of the second floor rooms in one of the houses in the Standoff map there?s a note stating that ?Zombies are coming?. Just a joke or an interesting way to say that more Zombie mode content may be coming? Either way the note is not too much out of place in this map, given its somewhat creepy atmosphere.

Retrogaming

Fancy playing some arcade classics? You?ll be able to do it while playing on the Nuketown 2025 multiplayer map: you need to shoot every mannequin head during the map. Once you?re done, go back to the screen in the center of the town with the kill count and you?ll get a chance to play Pitfall, H.E.R.O., Kaboom and River Raidm with your weapon getting replaced by a joystick. Controlling isn?t as precise as it originally was but still, it?s a nice trip back in time.

Musical Teddy Bears

This Easter Egg is found in both the Nuketown Zombie and in TranZit mode: you?ll have to activate three teddy bears scattered all over the place and once you?ll do, you?ll be able to keep killing zombies
while listening to a Skrillex song called Try It Out. In TranZit mode finding all the teddy bears may be more difficult so here are the precise locations: the first one can be found on the bench in the Bus Station, close to the starting point: the second is in the Farm, on the second floor; the third one is in Town, located near a pool table inside one of the buildings.

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Article from Gamersyndrome.com

Related posts:

  1. Call of Duty: Black Ops 2 Nuketown Zombie Map Guide
  2. Call of Duty: Black Ops 2: Marvel Superhero Easter Egg
  3. Call Of Duty: Black Ops 2 Zombie Mode Bus Depot Map Guide
  4. Call Of Duty: Black Ops 2 Zombie Mode Strategy Guide
  5. Call Of Duty: Black Ops 2 Zombie Mode Enemies Guide

Source: http://gamersyndrome.com/2012/guides-2/call-of-duty-black-ops-2-easter-eggs-guide/

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Video: Protests return to Tahrir Square

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Source: http://video.msnbc.msn.com/nightly-news/49998522/

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Chuck Hagel Being Vetted for State, Defense

Former Sen. Chuck Hagel, a Republican from Nebraska, is being considered for either Secretary of Defense or State, Foreign Policy reports.

Hagel currently co-chairs President Obama?s Intelligence Advisory Board, an independent group that advises the president on the intelligence community. If nominated, Hagel would be the lone Republican in the Obama administration, as Transportation Secretary Ray LaHood is expected leave.

The White House and Hagel?s office declined to comment to FP.

Hagel has been critical of the current Republican Party since leaving office in 2008, even backing Democratic Senate candidate Bob Kerrey in this cycle. In 2008, Hagel traveled to Iraq with then-Sen. Obama during the presidential election.

?Now the Republican Party is in the hands of the right, I would say the extreme right, more than ever before,? Hagel told?FP in a previous interview. ?You've got a Republican Party that is having difficulty facing up to the fact that if you look at what happened during the first 8 years of the century, it was under Republican direction.?

Hagel is currently a professor at Georgetown University, teaching at the Walsh School of Foreign Relations.

U.N. Ambassador Susan Rice and Senate Foreign Relations Chairman John Kerry, D-Mass., have also been named as possible successors to Secretary of State Hillary Rodham Clinton. However, Rice has been under attack by Republicans in recent weeks for her role in the administration's response to the Sept. 11 terrorist attack in Libya that killed four Americans.

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Source: http://news.yahoo.com/chuck-hagel-being-vetted-state-defense-071304673--politics.html

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Wednesday, November 28, 2012

Sub-Ice Antarctic Lake Vida Abounds With Life

A great adventure game idea has been bugging me for some years, related to this. Antarctica is actually a huge ice plateau, at least 1km thick. I imagined a game in which the player discovers that Atlantis is hidden beneath that 1km thick ice. The people there live assuming that the outer world is post-apocalyptic, destroyed by a massive meteor.

Well, if someday I develop this game, you know the spoilers already.

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/emLjAwkzuLg/story01.htm

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Bondir's tiny kitchen welcomes its first sous-chef - Food Features

Rachel Miller and Jason Bond are standing side by side ? as they do for roughly 13 hours a day, every day but Tuesday ? in Bondir's subterranean prep space. Their heads are just shy of grazing the low ceilings, and both have to duck to squeeze into the tiny walk-in. She's systematically vacuum-packing vegetables and breaking down blue Hubbard squash for a dish on the night's menu; he's rolling long, floury ribbons of pasta dough, folding it over and over in his hands. The dough, one batch egg-yolk yellow and the other chartreuse green, will be transformed, piece by piece, with a quick flick of Bond's thumb, into hand-rolled cavatelli for the same dish as the squash. One blazingly orange dried chili hangs from a rack between them.

When Jason Bond first opened Bondir's heavy barn doors in November of 2010, his contemplative, cozy, daily-changing dishes made him an instant rock star with the food community. The 28-seat Cambridge dining room is perfectly intimate (so intimate that I always feel like I should help with the dishes after our meals there, and then share cinnamon-spiked port by the fire with the staff into the night), but in many ways, that first year was defined by solitude behind the scenes. Bond was the Lone Ranger of the kitchen range, and he came to realize he needed someone to share his vision for the little farmhouse-style spot on Broadway, across from the bodega and the body shops.

So now Miller, at 24 years old, finds herself sharing the helm of one of the Boston area's most in-demand restaurants, in a position that many young chefs would kill for.

"Culinary schools are bullshit to me," she says. "I worked so hard to get to this point, and when I see someone walk out of school with a piece of paper that says they passed some textbook class, it drives me nuts. Plus, they always have a tattoo of a fucking radish." At 14, Miller earned the right to wear a foot-tall Mohawk by getting straight A's; at "15 or 16," she says, she dropped out of high school to work the line full-time. She has steadily pulled her way up the ranks, manning the fryer in her father's donut shop, sweating it out as a line cook for a handful of restaurants along the Bible Belt, training in butchery at the South End's bygone Lionette's, and winding up at Beacon Hill Bistro.

That's where she met Bond in 2009 ? and where the electric current between mentor and mentee sparked to life. Then, after a year and a half working beside Bond at the bistro, Miller decided to learn about sustainable farming firsthand; she and her girlfriend moved to Smithfield, Texas, where they bought a plot of land, growing their own food and raising chickens. Meanwhile, Bond broke out on his own with Bondir. When he eventually admitted his need for a sous-chef, they teamed up again. Miller officially assumed the role this fall, after just under a year at Bondir.

Source: http://thephoenix.com/Boston/food/148154-bondirs-tiny-kitchen-welcomes-its-first-sous-chef/

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Federal Lending Push Swells Student Debt (WSJ)

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Tuesday, November 27, 2012

Should I tap my retirement savings? - The Help Desk - CNN.com

I have a $325,000 home, a $250,000 mortgage and a student loan. I have been taking money out of my IRA since getting laid off, and paying a 10% penalty with each withdrawal. It could be several months before I land a full-time job. Am I better off continuing to tap my IRA, or should I take out an equity loan on my house, rent out my home and move in with family, or sell my home? ? Cheri S.

Your retirement accounts should be your option of last resort. "The first thing to do is to use your liquid savings, if you haven't already," says Brent Lince of Hillsboro, Ore.-based Lince Financial Planning. This could mean using cash savings, CDs and money market accounts before tapping into an IRA.

If you've used up your liquid savings, however, your best choice may be to sell your home. Not only would it free up the equity you have in the house, but it would mean saving on the costs of property ownership, such as insurance, maintenance, and property taxes. By comparison, a home equity loan would mean taking on more debt. And Lince says that may not be a wise move when you're looking for a source of income.

In the meantime, look for other ways to reduce your cost of living. For example, contact your lender and see if you qualify for a student loan deferral. If you have a federal loan, you can find out if you qualify for deferral at the U.S. Department of education site (studentaid.ed.gov). That would allow you to focus your limited funds on covering your other costs.

??Austin Kilham

Got a question for the Help Desk? Send it to?helpdesk@cnnmoney.com.

Source: http://helpdesk.blogs.money.cnn.com/2012/11/26/tap-retirement-savings/

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Heating and Air Conditioning Maintenance | Bantry Pylon Protest

uv germicidal provo utah If you need to install a new heating or AC system in your house, the most critical things to consider are purchasing high quality products and professional service. There are many types of furnaces that all have distinct parts and functions. Depending on your home and location, your utility bill and home temperature can improve dramatically if you select an appropriate furnace. Cooling systems are also quite different and it is essential to install one that is the most effective. When you meet with a heating and cooling specialist, they will evaluate your situation and help choose the system that best meets your needs. They are also experienced in completing all kinds of repairs on these systems. Experience a large change in your year-round comfort with professional heating and cooling technicians on your side.

This entry was posted in Home and Garden. Bookmark the permalink.

Source: http://www.bantrypylonprotest.com/heating-and-air-conditioning-maintenance-5/

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Jefferson Parish Sheriff's Office West Bank crime report, Nov. 23 ...

This information reflects initial calls for service reported by the Jefferson Parish Sheriff's Office for the west bank of Jefferson Parish. Locations are approximate due to automated location methods and address inconsistencies, the Sheriff's Office says. Burglar alarm calls are excluded.
100 block of 12th Street - Nov. 23, 12:09 a.m., disturbing the peace.
2nd Avenue and Ames Boulevard - Nov. 23, 1:53 p.m., suspicious person.
5th Street and Allo Avenue - Nov. 23, 7:37 p.m., suspicious person.
7th Street and Industry Street - Nov. 23, 9:50 p.m., suspicious person.
1500 block of Ames Boulevard - Nov. 23, 10:18 p.m., suspicious person.
1500 block of Ames Boulevard - Nov. 23, 10:18 p.m., disturbing the peace.
Ames Boulevard and 7th Avenue - Nov. 23, 4:54 a.m., suspicious person.
Ames Boulevard and Caillou Drive - Nov. 23, 11:52 a.m., vehicle wreck.
Ames Boulevard and Rue Louis Phillipe - Nov. 23, 4:26 a.m., suspicious person.
Ames Boulevard and Westbank Exp - Nov. 23, 7:48 p.m., vehicle wreck.
Avenue D and 5th Street - Nov. 23, 2:54 p.m., suspicious person.
1200 block of Avenue F - Nov. 23, 2:04 a.m., disturbing the peace.
1700 block of Barataria Boulevard - Nov. 23, 2:15 p.m., vehicle wreck.
1800 block of Barataria Boulevard - Nov. 23, 3:51 p.m., vehicle wreck.
Barataria Boulevard and Lapalco Boulevard - Nov. 23, 12:04 p.m., vehicle wreck.
2000 block of Bayou Oaks Drive - Nov. 23, 11:33 p.m., battery.
Belle Terre Playground - Nov. 23, 11:19 a.m., suspicious person.
1100 block of Blk Aberdeen Drive - Nov. 23, 5:37 a.m., illegal discharge of weapon.
400 block of Blk Robinson Avenue - Nov. 23, 6:03 p.m., suspicious person.
1000 block of Blk Tallow Tree Lane - Nov. 23, 8:20 p.m., suspicious person.
1100 block of Blk Tallow Tree Lane - Nov. 23, 6:51 a.m., suspicious person.
2000 block of Blk Woodmere Boulevard - Nov. 23, 7:26 p.m., suspicious person.
Bluebell Lane and Buttercup Drive - Nov. 23, 9:32 p.m., suspicious person.
Bonnie Ann Drive and Jeffery Street - Nov. 23, 12:40 p.m., suspicious person.
Brown Avenue and Westbank Exp - Nov. 23, 6:29 p.m., suspicious person.
3700 block of Burntwood Drive - Nov. 23, 1:20 a.m., criminal damage.
800 block of Carmadelle Street - Nov. 23, 4:37 a.m., disturbing the peace.
300 block of Circle West Drive - Nov. 23, 4:20 a.m., residence burglary.
600 block of Cohen Avenue - Nov. 23, 12:40 a.m., suspicious person.
Dolly Street and Wayne Avenue - Nov. 23, 9:47 p.m., suspicious person.
Eb Harry Lee Exp and Manhattan Boulevard - Nov. 23, 9:15 p.m., suspicious person.
1000 block of Eli Court - Nov. 23, 3:41 p.m., battery.
1900 block of Estalote Avenue - Nov. 23, 4:57 p.m., battery.
Estalote Avenue and 16th Street - Nov. 23, 8:31 a.m., suspicious person.
800 block of Garden Road - Nov. 23, 10:34 p.m., disturbing the peace.
200 block of Holmes Boulevard - Nov. 23, 11:50 a.m., vehicle wreck.
200 block of Holmes Boulevard - Nov. 23, 11:50 a.m., vehicle wreck.
King Drive and Luther Drive - Nov. 23, 9:04 p.m., suspicious person.
1000 block of East Kingsway Drive - Nov. 23, 1:31 a.m., disturbing the peace.
4200 block of Lac Du Bay Drive - Nov. 23, 1:13 p.m., vehicle wreck.
1500 block of Lancaster Drive - Nov. 23, 4:54 a.m., battery.
800 block of Lander Street - Nov. 23, 6:58 p.m., residence burglary.
1500 block of Lapalco Boulevard - Nov. 23, 8:57 a.m., criminal damage.
2900 block of Lapalco Boulevard - Nov. 23, 2:15 a.m., vehicle wreck.
3400 block of Lapalco Boulevard - Nov. 23, 5:26 p.m., disturbing the peace.
600 block of Lapalco Boulevard - Nov. 23, 3:31 p.m., vehicle wreck.
6300 block of Lapalco Boulevard - Nov. 23, 5:18 p.m., suspicious person.
Lapalco Boulevard and Barataria Boulevard - Nov. 23, 6:13 a.m., suspicious person.
Lapalco Boulevard and Destrehan Avenue - Nov. 23, 2:12 a.m., vehicle wreck.
2900 block of Laurie Lane - Nov. 23, 12:16 p.m., vehicle wreck.
1500 block of Manhattan Boulevard - Nov. 23, 4:27 a.m., suspicious person.
400 block of Maple Avenue - Nov. 23, 9:40 p.m., disturbing the peace.
700 block of Marlene Drive - Nov. 23, 2:40 a.m., disturbing the peace.
2000 block of Mather Drive - Nov. 23, 6:27 p.m., theft.
2600 block of Max Drive - Nov. 23, 3:43 a.m., battery.
2900 block of Max Drive - Nov. 23, 10:15 a.m., theft.
3300 block of Normandy Court - Nov. 23, 10:56 p.m., suspicious person.
Petsmart - Nov. 23, 2:27 p.m., vehicle wreck.
200 block of Pine Drive - Nov. 23, 4:19 a.m., vehicle burglary.
Richelle Street and James Street - Nov. 23, 9:23 p.m., suspicious person.
3200 block of River Road - Nov. 23, 11:52 a.m., battery.
River Road and Ferry Road - Nov. 23, 9:04 p.m., suspicious person.
River Road and Ferry Road - Nov. 23, 9:19 p.m., suspicious person.
River Road and Ferry Road - Nov. 23, 11:49 p.m., suspicious person.
1100 block of Robinson Avenue - Nov. 23, 4:57 p.m., vehicle wreck.
3700 block of Sandy Lane - Nov. 23, 3:04 p.m., residence burglary.
Scotsdale Drive and Loch Lomand Drive - Nov. 23, 6:11 p.m., disturbing the peace.
20 Seven Oaks Road - Nov. 23, 10:55 a.m., suspicious person.
100 block of Southwood Drive - Nov. 23, 8:17 p.m., disturbing the peace.
2300 block of Stall Drive - Nov. 23, 7:15 p.m., battery.
Staten Avenue and Lapalco Boulevard - Nov. 23, 9:42 a.m., vehicle wreck.
1200 block of Street Michael Drive - Nov. 23, 9:41 p.m., disturbing the peace.
Stumpf Boulevard and Terry Parkway - Nov. 23, 7:54 p.m., suspicious person.
Stumpf Boulevard and Wright Avenue - Nov. 23, 6:33 p.m., vehicle wreck.
Terry Parkway and Westbank Exp - Nov. 23, 9:34 p.m., suspicious person.
100 block of Third Emanuel Street - Nov. 23, 4:57 a.m., criminal damage.
1400 block of Utah Beach Drive - Nov. 23, 10:26 a.m., robbery.
3300 block of Wall Boulevard - Nov. 23, 12:04 p.m., vehicle wreck.
100 block of Westbank Exp - Nov. 23, 12:56 p.m., theft.
100 block of Westbank Exp - Nov. 23, 1:19 p.m., vehicle wreck.
100 block of Westbank Exp - Nov. 23, 2:22 p.m., disturbing the peace.
100 block of Westbank Exp - Nov. 23, 2:24 p.m., auto theft.
100 block of Westbank Exp - Nov. 23, 5:25 p.m., theft.
100 block of Westbank Exp - Nov. 23, 9:20 p.m., suspicious person.
1600 block of Westbank Exp - Nov. 23, 4:17 p.m., vehicle wreck.
5300 block of Westbank Exp - Nov. 23, 5:44 a.m., suspicious person.
Westbank Exp and Ames Boulevard - Nov. 23, 8:32 p.m., vehicle wreck.
Westbank Exp and Street Ann Street - Nov. 23, 5:50 p.m., vehicle wreck.
Westwood Drive and Lapalco Boulevard - Nov. 23, 2:42 p.m., vehicle wreck.

Source: http://www.nola.com/crime/index.ssf/2012/11/jefferson_parish_sheriffs_offi_1169.html

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Fiscal cliff looms as Congress, and lobbyists, return to work (cbsnews)

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Monday, November 26, 2012

Rihanna Shares Photo of Chris Brown in Bed on Twitter

It was a Twitter-heavy weekend for are they or aren't they a couple Rihanna and Chris Brown. First Rihanna shared a photo of a shirtless Brown on his bed and then a day later, Brown got into a public Twitter feud that led to him deleting his entire Team Breezy account!

Source: http://www.ivillage.com/rihanna-shares-photo-chris-brown-bed-hours-he-leaves-twitter/1-a-504237?dst=iv%3AiVillage%3Arihanna-shares-photo-chris-brown-bed-hours-he-leaves-twitter-504237

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Why So Much Confusion About Holdover Tenants? ? Retail Real ...

There really is such a thing as a ?holdover? tenancy, but our experience has taught us that not a lot of us know what it is. So, today, we?ll either be clearing this area up or adding to the confusion. We?re sure our loyal followers will let us know either way.

Last week, Ruminations overstayed its welcome with a very lengthy piece about landlord lien waivers. If you haven?t finished digesting it, press on because it was very, very well received. This week, our goal is to get in and out, hoping to average, over the two weeks, a reasonable size blog posting.

To know what characterizes a holdover tenancy, you?ve got to know what it isn?t. It?s not a ?Term of Years? (?Tenancy for Years?); it?s not a ?Periodic Tenancy?; and, especially, it is not a ?Tenancy at Sufferance.?

When you hear or see ?Term of Years,? focus on the word ?Term,? not on the word ?Years? because, to qualify as one, it just needs to have a fixed term. It needs a starting date and an ending date. Basically, it?s the kind of lease we are all accustomed to seeing. The starting date can be explicitly stated or can be implied based on the date of execution or delivery. The ending date can be a fixed date or can be ?X? days, months or years after the starting date. One way or the other, you will know when the term begins and when it ends. The end of the lease term happens without any need for one party to give the other any notice and without any need for something to fall out of the sky. It?s over when it?s over (Ain?t it baby, Ain?t it. Rips ya like a dagger, Can it baby, Can it. Wish we could do it over. Damn it baby, Damn it. We had it in the air, we just ?) [Cowboy lyrics by Eric Church]. What happens if a tenant overstays its welcome depends on what the lease says and the particular facts in play. For today, to keep it short, we?re going to assume that readers of Ruminations are dealing with ?overstaying? in their written leases.

In contrast, a ?Periodic Tenancy? ain?t ?over when it?s over? because a ?Periodic Tenancy? has no defined ending date, the ?term? just keeps rolling over and over. Think month-to-month or year-to year. Without going over the detailed rules, suffice it to say that if neither landlord nor tenant gives the other a sufficient notice (with the time requirements for such varying from jurisdiction to jurisdiction), the tenancy repeats week by week, month by month or year by year, depending on what its initial periodicity might have been. The periodicity might be stated in the lease; otherwise, it generally matches the rent interval ? e.g., monthly rent means a month-to-month tenancy. That?s not a complete statement because what appears to be a monthly rent might actually be an annual rent payable, as a privilege, in monthly installments. A Periodic Tenancy commonly follows the end of a Term of Years. To put an end to a periodic tenancy, one party must give the other notice. The length of notice generally matches the ?period,? e.g., a month?s notice for a month-to-month lease. Often, a state?s law will set six months as the notice period for a year-to-year lease. And, the measuring date for notices is almost always based as if each period starts on the first day of a month. That?s often misunderstood with the result being that a lot of defective ?one month? notices are sent. For example, termination notices for month-to-month leases almost always need to be sent a ?calendar month? in advance. That means a notice sent on November 15 would be effective on December 31, not December 15. Worse than that, some courts will ?toss out? an entire notice sent on November 15 if it states that the month-to-month tenancy is terminated as of ?December 15,? making a whole new notice mandatory. The lesson is that you have to know ?how it works? in the jurisdiction where the property is located.

?Periodic Tenancies? are not common ways to start a landlord-tenant relationship. Nonetheless, the rules for them are important because many leases for a fixed term (a ?Term for Years?) are written such that they will continue as month-to-month arrangements after the stated term has ended, with all of the other lease?s provisions remaining intact. Keep that in mind as we crawl toward our discussion of the true ?holdover? tenancy.

Next, we get to the ?Tenancy at Will.? Although this is mainly relegated to non-commercial situations ? social situations such as ?stay as long as you like,? commercial arrangements of this sort do exist. At common law, these could be ended at the ?will? of the landlord or tenant. Today, for the rare commercial Tenancy at Will, statutes commonly set forth a one (calendar) month termination notice requirement. A Tenancy at Will is not a ?holdover? tenancy, though from reading a lot of leases, it seems that many parties think it is.

That leaves us with the ?Tenancy at Sufferance,? a ?wrongful? tenancy. Yes, if a tenant overstays its welcome (meaning it stays in possession after one of the previous three tenancies ends), it is a trespasser ? it shouldn?t be there; it is wrongfully ?holding over.? In our trade, the leasing trade, this is what we (should) mean when we speak of a ?holdover? tenancy. Basically, it is the landlord?s choice or the terms of the lease that determine whether you have a ?Tenancy at Sufferance.? If the lease is silent, the landlord can ?permit? its tenant to stay in possession, thereby creating a Periodic Tenancy, or it can deny its (now former) tenant the right to lawfully remain in possession. If the lease sets forth different ?rules,? the lease ?trumps? the landlord?s free will choice.

Here is where the text of a lease is critical. If a lease says that if the tenant hangs on after the term, the tenant becomes a month-to-month tenant (a ?Periodic Tenancy?), then the tenant isn?t a ?holdover? tenant. Similarly, if a lease says that staying beyond the term creates a Tenancy at Will, the tenant isn?t a ?holdover? tenant. That?s because, in each case, the tenant remains at the premises with the permission of the landlord and has the right to be there. And, that ?permission? remains in force until one party gives the other proper notice and the notice time has run. Go read your lease form. What does it say? If your lease form provides for a Tenancy at Will or a Periodic Tenancy, then the lease?s provisions continue in force and the rent is whatever your lease says it is.

What makes a ?holdover? tenancy special? Basically, because it is wrongful. That means that, as a trespass, a landlord may be entitled to tort damages. For a refresher on ?damages,? click HERE. Holdover tenancies are so common that many states provide for a statutory ?rent,? often double the last rent or double the ?fair market rent.? Some states require that a landlord first make a demand for possession, but that?s not a universal rule. Court decisions teach that trivial retention of possession (like leaving some easily movable or removable furniture behind) does not create a Tenancy at Sufferance. A tenant forced to remain in possession, such as by reason of a broken elevator or a utility blackout, is generally not treated by courts as a ?holdover? tenant under ?holdover? statutes.

We?d be remiss if we bailed out for today without telling readers that parties can vary a statutory ?double? rent remedy by providing otherwise in their lease, not only by reducing the ?holdover? rent, but also by going ?bigger? than double. In the ?less than double? class, figures like 125% or 150% are quite common (when negotiated), as are step approaches ? 110% for the first 60 days, 150% thereafter, being examples of such. In the ?go even deeper? approach, we?ve seen aNew ? Jerseycourt approve an agreed-upon ?tripling.? Logically, there must be some limit. Look to your state?s court cases. Also, it isn?t uncommon to state that the holdover rent is to be paid for an entire month, even if the holdover doesn?t last that long. There may be some case law as to whether that is an unenforceable penalty or as to whether you?ve created a new tenancy, but we haven?t seen any, nor have we done any research. Perhaps one of our readers has done so and is willing to ?share? by posting her or his comment.

There?s a practical side to what has preceded this point. It is that landlords and tenants need to figure out just how they want to handle ?what happens when the scheduled lease term is over.? If there is no bargaining power at the table for one party or the other, then it will be a Hobson?s choice. [?Take it or leave it ? you remember our October 14 posting?] If there is bargaining power all around, then the two sides can duke it out when writing the lease. Perhaps, the lease term should be extended on a month-to-month basis unless one party notifies the other at least six months before the end of the stated term that the term will not be extended. After all, without a notice period, once one party has affirmatively told the other that ?this is really the end,? what is really happening is that the landlord or the tenant, as the case may be, is jockeying for a negotiating advantage.

What do we mean? Well, in our experience (and from reading a lot of cases), a common scenario goes like this. (1) The end is near. (2) The parties begin discussing a lease extension, say for 5 or 10 years. (3) The lease term ends. (4) The parties are still discussing a lease extension. (5) The landlord gets impatient. (6) The landlord threatens to evict its tenant. (7) The tenant leaves. (8) The landlord claims double ?holdover? rent. (9) The landlord loses because it really didn?t know that permissive possession by a tenant isn?t a trespass; isn?t a ?holdover.? (10) Both parties are unhappy.

Maybe the ?tale of woes? just related suggests that sophisticated parties should negotiate for a three to six month notice period so that the tenant can leave graciously and its landlord will have time to start looking for the next tenant.

The subject of ?damages? for causing loss of the ?next? tenant is beyond the scope we set out for today?s posting. So, we?ll stop here.

Source: http://www.retailrealestatelaw.com/2012/11/why-so-much-confusion-about-holdover-tenants/?utm_source=rss&utm_medium=rss&utm_campaign=why-so-much-confusion-about-holdover-tenants

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Sunday, November 25, 2012

Top 10 Worries for the Real Estate Industry in 2013 | Commercial ...

balanced rock garden of gods 300x225 Top 10 Worries for the Real Estate Industry in 2013

Based on the 2013 Emerging Trends in Real Estate survey, conducted and published by ULI and PriceWaterhouseCoopers, here?s a list of the Top 10 Worries for the Real Estate Industry in 2013:

10. European financial instability

9. Federal fiscal deficits/imbalances

8. Construction costs

7. Refinancing

6. Tax policies?

5. Global economic growth

4. Income and wage change

3. Vacancy Rates

2. Interest Rates

1. Job Growth

Also, be sure to check out our previous Top 10 based on this ULI survey, Top 10 CRE Trends in 2013.

This ranking comes from a survey of U.S. real estate professionals?investors, developers, operators, and so on?asking respondents to name their greatest concerns in three different categories: Economic/Financial, Social/Political, and Real Estate/Development.?Each of the issues in these three categories received a score between 1 and 5. The most popular choices appear above.

Interesting side note: Social/Political issues like terrorism/war, social inequality, and global warming received far lower scores than such issues as interest rates and tax policies. ?I don?t have a joke or glib remark to follow that; it?s just an observation.

Of course, there?s a lot of overlap among these issues. Job growth goes hand-in-hand with numerous other concerns, whether general economic matters or specific real estate concerns.

In light of these issues, it isn?t too difficult to guess how the real estate industry will proceed next year. We can expect further demand and high activity in the core markets, and certain core neighborhoods that are supported by drivers like a transit hub, large university, or popular commercial district. As far as core markets go, the ULI suggests, it will be far more profitable to develop (or, in most cases, renovate/repurpose) properties than acquire existing product at super-low cap rates.

Unfortunately, these concerns also suggest further sluggish activity in secondary and tertiary markets, but even these markets offer some opportunities in existing properties, as well as industrial and multifamily. As always, the advantage will go to CRE markets with a high volume of technology and energy industry companies.

?


Source: http://llenrock.com/blog/top-10-issues-affecting-the-real-estate-industry-in-2013/

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Raven Feathers and Spider Webs

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If it's your wish, I will follow you everywhere, even if your throne crumbles, and your shiny crown turns to rust, even if the bodies pile up endlessly, above the bottomless pile corpses. Beside you as you lie softly down, I will be until I hear the words "Checkmate".
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Queens Park Rangers fires manager Hughes

By STEVE DOUGLAS

AP Sports Writer

Associated Press Sports

updated 2:29 a.m. ET Nov. 24, 2012

LONDON (AP) -Former Tottenham coach Harry Redknapp said Friday he expects to take over as manager of struggling Queens Park Rangers, just hours after the club fired his predecessor Mark Hughes.

Having sacked Hughes earlier in the day, QPR opened discussions with Redknapp about him taking over a side which is in last place in the Premier League and without a win this season, having earned only four points from 12 games.

Late Friday night, Redknapp told British television channel Sky Sports News that he was keen to become QPR's new manager and that "hopefully we can get it done tonight. There shouldn't be any problems.

"If everything gets sorted, and I'm sure it will, I'll be in Sunday morning, will have the team in training on Monday, then fly up to Sunderland." QPR faces Sunderland on Tuesday in what would be his first match in charge.

Redknapp said he planned to go to watch QPR's match at Manchester United on Saturday. He also said he hoped to bring his two longstanding coaching assistants - Kevin Bond and Joe Jordan - with him to the west London club.

"I'm looking forward to it. It's a big challenge and a tough job to take on - but I'm up for the challenge," said the 65-year-old Redknapp.

Though widely acknowledged as a shrewd mover in the transfer market, he ruled out any major splashes when the transfer window opens in January, despite the very real threat of relegation.

"I don't think too much will happen in January," he said. "There is a big staff there and you can't keep bringing players in. The players have got to start performing. If they do that we've got a chance."

He said the team had to "find a way to pick up points, be hard to beat and win some matches. It's all about the players."

Redknapp took charge of Tottenham in 2008 when the team was last in the Premier League with only two points from eight games. He turned their fortunes around, guiding them into the Champions League for the first time in 2010.

He was fired in June despite Tottenham finishing in fourth place last season, and has since taken on a non-paid advisory role at third-tier Bournemouth and become a television pundit with the BBC.

Hughes was dismissed after failing to turn around a dismal run of results.

"Mark has shown integrity and professionalism throughout his time here, but ultimately the circumstances we find ourselves in have left the board of directors with very little choice but to make a change," QPR said in a statement.

Fans turned on Hughes - and the QPR players - after the loss to Southampton, which left the team five points from safety with nearly a third of the season gone.

"Maybe it's a watershed moment because we can't get any lower," said a despondent Hughes, who had 1 1/2 years left on his contract.

Tellingly, QPR owner Tony Fernandes refused to defend Hughes last weekend, as he has done in recent weeks. Only last Friday, Fernandes posted a Twitter message responding to calls for Hughes' departure, saying: "Won't be happening. For the one millionth time. Hahaha. Stability."

That changed this Friday.

"This decision has been taken after careful consideration by the board of directors, following numerous meetings over the last few days," QPR said.

Assistant coaches Mark Bowen and Eddie Niedzwiecki will take charge of QPR's match at United.

Hughes managed to keep QPR in England's lucrative top league thanks to a strong finish last season and attempted to revitalize the squad by signing 11 players in the offseason, including Park Ji-sung from Manchester United, Jose Bosingwa from Chelsea and Julio Cesar from Inter Milan.

Getting so many new players to gel has been his major problem, while the team has struggled to score and also has one of its leakiest defenses.

? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Beckham and Donovan, a love story

PST: It was a disastrous first few years, but the relationship between David Beckham and Landon Donovan improved dramatically over the seasons.

Source: http://nbcsports.msnbc.com/id/49937782/ns/sports-soccer/

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Saturday, November 24, 2012

Wal-Mart suspends India staff in corruption probe

MUMBAI, India (AP) ? Wal-Mart's Indian joint venture said Friday it has suspended several employees as part of an internal corruption investigation, another blow to the U.S. company's plans for aggressive expansion in a giant market that is largely untapped by foreign retailers.

Bharti Walmart, Wal-Mart's joint venture with India's Bharti Enterprises, said it had suspended "a few associates" and was "committed to conducting a complete and thorough investigation." India's Economic Times newspaper reported that the company's chief financial officer was among the five employees suspended, a claim the company declined to verify.

The news comes at a sensitive time for foreign retailers in India, where corruption scandals in everything from telecommunications to coal mining have badly damaged the ruling Congress Party. Eager to rekindle foreign investment, the Congress Party eased foreign investment rules in September, paving the way for Wal-Mart and others ? which had been limited to wholesaling ? to run retail shops with a local partner.

When parliament reconvened this week, opposition politicians quickly shut down proceedings to protest the move, which has already cost the Congress Party a key coalition partner.

In a Nov. 15 filing to the U.S. Securities and Exchange Commission, Wal-Mart said it was investigating potential violations of the U.S. Foreign Corrupt Practices Act in Brazil, China and India, among other markets. Wal-Mart's Mexico subsidiary is already embroiled in a public scandal over alleged payments to middlemen to speed up the store-opening process, possibly through payments to local officials.

Wal-Mart told the SEC it had spent $99 million in the nine months to October on corruption investigations and related lawsuits and said that it is cooperating with ongoing Department of Justice and SEC investigations.

Indian authorities are also reportedly investigating Wal-Mart for possible violations of foreign investment rules, relating to a $100 million investment in a company owned by its wholesale joint-venture partner, Bharti Enterprises.

Bharti Walmart said Friday that it was in compliance with all Indian foreign investment laws.

"All procedures and processes have been duly followed and details filed with relevant Indian government authorities, including the Reserve Bank of India. The central government has sought certain information and clarification which has been provided by us," the company said in a statement.

Wal-Mart operates 18 wholesale shops in India through its joint venture, according to its website. Wal-Mart said in September that it planned to open retail stores in India over the next 18 months, but the corruption investigation may slow its aggressive expansion strategy.

Spokeswoman Arti Singh said Wal-Mart remains "committed to the Indian market."

"We remain excited about the opportunity to grow our business in one of the world's most vibrant economies, expand opportunities for farmers and help lower the cost of living for families in India," she said by email.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2012-11-23-AS-India-Wal-Mart-Corruption/id-782bd324a0bb423faf27c2014224e376

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avowal merline: Daily Tips for Business: Industrial-Mechanical ...

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23 November, 2012 at 6:43 pm in Services

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Friday, November 23, 2012

M23 rebels press forward after east Congo gains

GOMA, Congo (AP) ? A rebel group seeking to overthrow the Congolese government focused its aim Thursday on seizing the strategic eastern town of Bukavu, which would mark the biggest gain in rebel territory in nearly a decade if it were to fall.

The fighters believed to be backed by neighboring Rwanda already have seized the provincial capital of Goma this week and later took the nearby town of Sake on Wednesday.

The violence has forced more than 100,000 people to flee, more than half of whom are children, according to the U.N. children's agency.

While they have vowed to overthrow President Joseph Kabila's government, they remain some 1,000 miles (1,600 kilometers) from the capital of Kinshasa in a country of dense jungle with few paved roads.

Meanwhile, hundreds of Congolese soldiers who had retreated from Goma days earlier were holed up in Minova, a lakeside city on the road to Bukavu.

"We are waiting for orders, but they haven't come yet. We're hungry and have spent five days sleeping in the bush under the rain," said a Congolese army major who spoke on condition of anonymity because of the sensitivity of the matter.

The rebels are believed to be backed by Rwanda, and to a smaller extent by Uganda, which are accused of equipping them with sophisticated arms, including night vision goggles and 120 mm mortars.

A report released Wednesday by the U.N. Group of Experts said both Rwanda and Uganda have "cooperated to support the creation and expansion of the political branch of M23 and have consistently advocated on behalf of the rebels."

The report's release, just one day after the violent takeover of Goma, is sure to increase pressure on the international community to confront the two eastern African countries over their role in neighboring Congo's conflict.

Both Rwanda and Uganda have repeatedly denied supporting the M23 movement and have faced little international criticism over the allegations.

Goma was last threatened by rebels in 2008 when fighters from the now-defunct National Congress for the Defense of the People, or CNDP, stopped just short of the city.

Their backs to the wall, the Congolese government agreed to enter into talks with the CNDP and a year later, on March 23, 2009, a peace deal was negotiated calling for the CNDP to put down their arms in return for being integrated into the national army.

The peace deal fell apart this April, when up to 700 soldiers, most of them ex-CNDP members, defected from the army, claiming that the Congolese government had failed to uphold their end of the deal. Like in 2008, they again advanced toward Goma. This time, the city fell and the disastrous consequences for the population were already on display.

Source: http://news.yahoo.com/m23-rebels-press-forward-east-congo-gains-103204781.html

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Iran criticizes Turkish request for Patriots

In this Saturday, Nov. 17, 2012 photo, Syrian rebel fighters prepare to fire a homemade rocket as they carry out a coordinated attack by hundreds of rebel fighters on a Syrian air force compound during heavy clashes on the outskirts of Aleppo, Syria. There is a struggle for power among rebel factions in Syria with Islamists rejecting the country's new Western-backed opposition coalition and unilaterally declaring an Islamic state in the key battleground of Aleppo though all of the groups are fighting to topple President Bashar Assad. (AP Photo/Narciso Contreras)

In this Saturday, Nov. 17, 2012 photo, Syrian rebel fighters prepare to fire a homemade rocket as they carry out a coordinated attack by hundreds of rebel fighters on a Syrian air force compound during heavy clashes on the outskirts of Aleppo, Syria. There is a struggle for power among rebel factions in Syria with Islamists rejecting the country's new Western-backed opposition coalition and unilaterally declaring an Islamic state in the key battleground of Aleppo though all of the groups are fighting to topple President Bashar Assad. (AP Photo/Narciso Contreras)

In this image taken from video obtained from the Shaam News Network, which has been authenticated based on its contents and other AP reporting, smoke rises from buildings due to government shelling in the Damascus suburb of Zabadani, Syria, on Friday, Nov. 23, 2012. At the same time, Syrian forces are raiding another neighborhood showing how fighting is spreading in Damascus, once a stronghold of President Bashar Assad. (AP Photo/Shaam News Network via AP video)

In this photo released by the Syrian official news agency SANA, Syria President Bashar Assad, right, meets with the speaker of the Iranian parliament, Ali Larijani, left, in Damascus, Syria, Friday Nov. 23, 2012. Larijani was in Damascus where he held talks Friday with Assad and other officials before flying on to neighboring Lebanon. (AP Photo/SANA)

This citizen journalist image made from video provided by Shaam News Network which has been authenticated based on its contents and other AP reporting, shows Syrian rebels celebrating the takeover of Mayadeen military base near Deir el-Zour, Thursday, Nov. 22, 2012. Syrian rebels strengthened their hold in an oil-rich strategic province bordering Iraq, capturing a key military base that was considered the last bastion for regime forces in the area. (AP Photo/Shaam News Network via AP video)

Turkey's Foreign Minister Ahmet Davutoglu, right, and head of the new Syrian National Coalition for Opposition and Revolutionary Forces Mouaz al-Khatib shake hands before a meeting in Ankara, Turkey, Friday, Nov. 23, 2012. (AP Photo/Burhan Ozbilici)

(AP) ? Iran lashed out Friday at Turkey for requesting NATO to supply it with Patriot surface-to-air missiles to deploy along the border with Syria, denouncing the step by Ankara as counterproductive.

Iranian parliamentary speaker Ali Larijani made the remarks after a visit to Damascus, a show of support by Tehran to its increasingly diplomatically isolated ally.

"The internal crisis in Syria cannot be solved through the deployment of such weapons," Larijani, who is close to the Islamic Republic's supreme leader, said at a news conference in Beirut where he went after leaving Syria.

Turkey's request earlier this week follows several incidents in which violence has spilled across the border from the civil war in Syria, frequently mortar rounds falling a short distance inside. Patriots would be useful in intercepting ballistic missiles ? a much more serious but still hypothetical threat.

NATO said Wednesday it will consider the request "without delay."

The Syrian Foreign Ministry also criticized the Turkish move, calling it "a new provocative step."

Larijani, who met Syrian President Bashar Assad in Damascus earlier Friday, said Iran was seeking a peaceful solution to the war in Syria.

"The difference between us and the others when it comes to Syria is that the others want to impose democracy through weapons," he said. "Iran cannot accept or support such a way."

"I don't think democracy can be achieved through rocket propelled grenades," he added.

Iran is Assad's strongest ally in the region, and anti-government activists accuse Tehran of sending both weapons and fighters to Syria.

Syria's conflict erupted in March 2011 with an uprising against Assad's regime, inspired by other Arab Spring revolts, but quickly morphed into a civil war that has since killed more than 40,000 people, according to activists.

In violence around Syria Friday, Islamic extremists, including members of the al-Qaida-inspired Jabhat al-Nusra group, battled with pro-government Kurdish gunmen in the northern town of Ras al-Ayan near the border with Turkey, activists said.

Kurdish activist Mustafa Osso and the British-based Syrian Observatory for Human Rights had no reports of casualties

The Islamic militants entered the town earlier this month and have since clashed almost daily with the Kurdish gunmen. Both factions add to the complexity of Syria's conflict.

When government forces withdrew from Kurdish areas in northeastern Syria in July, they were quickly replaced by Kurdish fighters from the Kurdish Democratic Union Party, or PYD, who would then battle rebels when they pushed their way into predominantly Kurdish areas. The Kurdish group is affiliated with the PKK, rebels fighting for autonomy in the Kurdish-dominated southeast region of Turkey.

The Islamic militants, who are fighting on the side of the rebels, have played a bigger role in the Syrian conflict in recent months and many openly say they want to set up an Islamic state. The opposition is split, with some groups strongly opposed to the influence of extremists.

In Damascus, regime forces shelled the neighborhoods of Tadamon and Hajar Aswad, where rebels and government troops have clashed for weeks, and also raided the central Damascus neighborhood of Bab Sreijeh, arresting several people there, said the Observatory.

In the nearby Palestinian refugee camp of Yarmouk, activists said a bomb blast killed four people and seriously wounded a member of a faction that has backed Assad in the country's bitter civil war.

The explosion late Thursday was a bomb placed under the car of a member of the Popular Front for the Liberation of Palestine-General Command, the Palestinian group said. It blamed the rebel Free Syrian Army for the attack.

Yarmouk has been pulled into Syria's fighting before, most recently earlier this month when clashes in and around the camp killed and wounded dozens.

When the unrest began, the country's half million Palestinians struggled to stay on the sidelines. But in recent months, many have started supporting the uprising although they insisted the opposition to the regime should be peaceful. Others, like the PFLP-GC, stood by Assad. Earlier this month, the PFLP-GC clashed with anti-government Palestinian gunmen in Yarmouk.

Before meeting with Assad, Larijani met with leaders of the PFLP-GC and other pro-Assad Palestinian groups and discussed the latest Israeli-Hamas spasm of violence in Gaza that ended with an Egyptian-brokered truce on Wednesday. He pledged more Iranian assistance to Palestinians there, said Khaled Abdul-Majid, a Damascus-based Palestinian official who attended the meeting.

Speaking in Lebanon a few hours later, Larijani congratulated the Palestinian people for their "victory" in Gaza which he described as a "tsunami" against Israel.

Elsewhere, the Observatory said the body of Syrian novelist Mohammed Rashid Roweily was found late Thursday in the eastern city of Deir el-Zour, nearly two months after he was kidnapped.

State TV said Roweily was "liquidated by terrorists" ? a term the government uses for the rebels. Syrian authorities deny there is a popular uprising in the country and say the rebels are backed by foreign powers that seek to destroy the country.

Ruwiely, 65, was once the representative of Arab Writers' Union in Deir el-Zour and had written several novels. The Observatory said his decomposed body was found along with those of four others, including a retired army officer. All were kidnapped around the same time.

Journalist Bassil Toufic Youssef, who worked for state TV, was shot dead outside his house in the capital on Thursday, the state SANA news agency said.

In other developments, Qatar, which has backed Syria's rebels in the conflict, invited a newly formed opposition coalition to appoint an ambassador to the Gulf state, the Qatari news agency reported.

The broad coalition ? called the National Coalition of the Syrian Revolutionary and Opposition Forces ? was formed Nov. 11 in Qatar under pressure from the United States for a stronger, more united opposition body to serve as a counterweight to the more extremist forces fighting Assad's regime.

The six-national oil-rich Gulf Cooperation Council and the European Union's 27 foreign ministers recognized the Syrian coalition. Last week, France became the first Western nation to officially recognize the council. President Barack Obama said the U.S. isn't ready to recognize the group as a "government in exile" or to arm it.

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Associated Press writer Zeina Karam in Beirut and Albert Aji in Damascus contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2012-11-23-Syria/id-c108fa3b918d422392b35e50723190c1

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