#ive logged out multiple times and it continues to have errors

[kheprriverse]

Been needing to give this guy a ref so here he is!! You'll meet him eventually.

Tumblr hasn't been letting me post for some reason, so I've just been doing my thing quietly in hopes I can post again. So hopefully this works :'D

[siva3155]

300+ TOP MANUAL TESTING Objective Questions and Answers

Manual Testing Multiple Choice Questions :-

1. Methodologies adopted while performing Maintenance Testing:- A. Breadth Test and Depth Test B. Retesting C. Confirmation Testing D. Sanity Testing Ans:  ‘A’ 2. Which of the following is true about Formal Review or Inspection:- i. Led by Trained Moderator (not the author). ii. No Pre Meeting Preparations iii. Formal Follow up process. iv. Main Objective is to find defects A. ii is true and i,iii,iv are false B. i,iii,iv are true and ii is false C. i,iii,iv are false and ii is true D. iii is true and i,ii,iv are false Ans:  ‘B’ 3. The Phases of formal review process is mentioned below arrange them in the correct order. i. Planning ii. Review Meeting iii. Rework iv. Individual Preparations v. Kick Off vi. Follow Up A. i,ii,iii,iv,v,vi B. vi,i,ii,iii,iv,v C. i,v,iv,ii,iii,vi D. i,ii,iii,v,iv,vi Ans:  ’C’ 4. Splitting project into tasks and estimate time and resources required to complete each task called as Project Scheduling A. True B. False Ans:  A 5. White Box Techniques are also called as :- A. Structural Testing B. Design Based Testing C. Error Guessing Technique D. Experience Based Technique Ans:  ‘A’ 6. What is an equivalence partition (also known as an equivalence class.? A. A set of test cases for testing classes of objects B. An input or output range of values such that only one value in the range becomes a test case C. An input or output range of values such that each value in the range becomes a test case D. An input or output range of values such that every tenth value in the range becomes a test case. Ans:  ‘B’ 7. The Test Cases Derived from use cases A. Are most useful in uncovering defects in the process flows during real world use of the system B. Are most useful in uncovering defects in the process flows during the testing use of the system C. Are most useful in covering the defects in the process flows during real world use of the system D. Are most useful in covering the defects at the Integration Level Ans:  ‘A’ 8. Exhaustive Testing is A. Is impractical but possible B. Is practically possible C. Is impractical and impossible D. Is always possible Ans:  ‘A’ 9. Which of the following is not a part of the Test Implementation and Execution Phase A. Creating test suites from the test cases B. Executing test cases either manually or by using test execution tools C. Comparing actual results D. Designing the Tests Ans:  ‘D’ 10. Which of the following techniques is NOT a White box technique? A. Statement Testing and coverage B. Decision Testing and coverage C. Condition Coverage D. Boundary value analysis Ans:  ‘D’

MANUAL TESTING MCQs 11. A Project risk includes which of the following A. Organizational Factors B. Poor Software characteristics C. Error Prone software delivered. D. Software that does not perform its intended functions Ans:  ‘A’ 12. In a risk-based approach the risks identified may be used to : i. Determine the test technique to be employed ii. Determine the extent of testing to be carried out iii. Prioritize testing in an attempt to find critical defects as early as possible. iv. Determine the cost of the project A. ii is True; i, iii, iv & v are False B. i,ii,iii are true and iv is false C. ii & iii are True; i, iv are False D. ii, iii & iv are True; i is false Ans:  ‘B’ 13. Which of the following is the task of a Tester? i. Interaction with the Test Tool Vendor to identify best ways to leverage test tool on the project. ii. Prepare and acquire Test Data iii. Implement Tests on all test levels, execute and log the tests. iv. Create the Test Specifications A. i, ii, iii is true and iv is false B. ii,iii,iv is true and i is false C. i is true and ii,iii,iv are false D. iii and iv is correct and i and ii are incorrect Ans:  ‘B’ 14. The Planning phase of a formal review includes the following :- A. Explaining the objectives B. Selecting the personnel, allocating roles. C. Follow up D. Individual Meeting preparations Ans:  ‘B’ 15. A Person who documents all the issues, problems and open points that were identified during a formal review. A. Moderator. B. Scribe C. Author D. Manager Ans:  ‘B’ 16. Who are the persons involved in a Formal Review :- i. Manager ii. Moderator iii. Scribe / Recorder iv. Assistant Manager A. i,ii,iii,iv are true B. i,ii,iii are true and iv is false. C. ii,iii,iv are true and i is false. D. i,iv are true and ii, iii are false. Ans:  ‘B’ 17. Which of the following is a Key Characteristics of Walk Through A. Scenario , Dry Run , Peer Group B. Pre Meeting Preparations C. Formal Follow Up Process D. Includes Metrics Ans:  ‘A’ 18. What can static analysis NOT find? A. the use of a variable before it has been defined B. unreachable (“dead”) code C. memory leaks D. array bound violations Ans:  ‘C’ 19. Incidents would not be raised against: A. requirements B. documentation C. test cases D. improvements suggested by users Ans:  ‘D’ 20. A Type of functional Testing, which investigates the functions relating to detection of threats, such as virus from malicious outsiders. A. Security Testing B. Recovery Testing C. Performance Testing D. Functionality Testing Ans:  ‘A’ 21. Which of the following is not a major task of Exit criteria? A. Checking test logs against the exit criteria specified in test planning. B. Logging the outcome of test execution. C. Assessing if more tests are needed. D. Writing a test summary report for stakeholders. Ans:  ‘B’ 22. Testing where in we subject the target of the test , to varying workloads to measure and evaluate the performance behaviors and ability of the target and of the test to continue to function properly under these different workloads. A. Load Testing B. Integration Testing C. System Testing D. Usability Testing Ans:  ‘A’ 23. Testing activity which is performed to expose defects in the interfaces and in the interaction between integrated components is :- A. System Level Testing B. Integration Level Testing C. Unit Level Testing D. Component Testing Ans:  ‘B’ 24. Static analysis is best described as: A. The analysis of batch programs. B. The reviewing of test plans. C. The analysis of program code. D. The use of black box testing. Ans:  ‘C’ 25. One of the fields on a form contains a text box which accepts alpha numeric values. Identify the Valid Equivalence class A. BOOK B. Book C. Boo01k D. book Ans:  ‘C’ 26. Reviewing the test Basis is a part of which phase A. Test Analysis and Design B. Test Implementation and execution C. Test Closure Activities D. Evaluating exit criteria and reporting Ans:  ‘A’ 27. Reporting Discrepancies as incidents is a part of which phase :- A. Test Analysis and Design B. Test Implementation and execution C. Test Closure Activities D. Evaluating exit criteria and reporting Ans:  ‘B’ 28. Which of the following items would not come under Configuration Management? A. operating systems B. test documentation C. live data D. user requirement document Ans:  ‘C’ 29. Handover of Test-ware is a part of which Phase A. Test Analysis and Design B. Test Planning and control C. Test Closure Activities D. Evaluating exit criteria and reporting Ans:  ‘C’ 30. The Switch is switched off once the temperature falls below 18 and then it is turned on when the temperature is more than 21. Identify the Equivalence values which belong to the same class. A. 12,16,22 B. 24,27,17 C. 22,23,24 D. 14,15,19 Ans:  ‘C’ 31. The approach/document used to make sure all the requirements are covered when writing test cases A. Test Matrix B. Checklist C. Test bed D. Traceability Matrix Ans:  D 32. Executing the same test case by giving the number of inputs on same build called as A. Regression Testing B. ReTesting C. Ad hoc Testing D. Sanity Testing Ans:  B 33. Control Charts is a statistical technique to assess, monitor, and maintain the stability of a process. A. True B. False Ans:  A 34. To check whether we are developing the right product according to the customer requirements are not. It is a static process A. Validation B. Verification C. Quality Assurance D. Quality Control Ans: B 35. To check whether we have developed the product according to the customer requirements r not. It is a Dynamic process. A. Validation B. Verification C. Quality Assurance D. Quality Control Ans:  A 36. Staff development plan describes how the skills and experience of the project team members will be developed. A. True B. False Ans:  A 37. It is a set of levels that defines a testing maturity hierarchy A. TIM (Testing Improving Model) B. TMM (Testing Maturity Model) C. TQM(Total Quality Management) Ans:  B 38. A Non-Functional Software testing done to check if the user interface is easy to use and understand A. Usability Testing B. Security Testing C. Unit testing D. Block Box Testing Ans:  A 39. The review and approved document (i.e. Test plan, System Requirement Specification’s) is called as A. Delivery Document B. Baseline Document C. Checklist Ans:  B 40. What are the Testing Levels? A. Unit Testing B. Integration Testing C. System Testing and Acceptance Testing. D. All the above Ans:  D 41. Cost of quality = Prevention Cost + Appraisal cost + Failure cost A. True B. False Ans:  A 42. A useful tool to visualize, clarify, link, identify, and classify possible cause of a problem. This is also called as “fishbone diagram” what is this? A. Pareto Analysis B. Cause-and-Effect Diagram Ans:  B 43. It measures the quality of processes used to create a quality product. It is a system of management activities, It is a preventive process, It applies for entire life cycle & Deals with Process. A. Validation B. Verification C. Quality Assurance D. Quality Control Ans:  C 44. Variance from product specifications is called? A. Report B. Requirement C. Defect Ans:  C 45. Verification is A. Process based B. Product based Ans:  A 46. White box testing is not called as___________ A. Glass box testing B. Closed box testing C. OPen box testing D. Clear box testing Ans:  B 47. Name the events that will be analyzed, Count the named incidents, Rank the count by frequency using a bar chart & Validate reasonableness of the analysis is called as A. Pareto Analysis B. Cause and Effect Diagram C. SWOT Analysis D. Pie Charts Ans:  A 48. Retesting of a single program or component after a change has been made? A. Full Regression Testing B. Unit Regression C. Regional Regression D. Retesting Ans:  B 49. Requirement and Analysis, Design, Development or Coding, Testing and Maintenance is called as Software Development Life Cycle (SDLC) A. True B. False Ans:  A 50. The testing which is done by going thro' the code is known as, A. Unit Testing B. Blackbox testing C. White box Testing D. Regression testing Ans:  C MANUAL TESTING Objective type Questions with Answers 51. Configuration Management Plan describes the Configuration Management procedures and structures to be used. A. True B. False Ans:  A 52.This type of testing method attempts to find incorrect or missing functions, errors in data structures or external database access, interface errors, Performance errors and initialization and Termination errors. It is called as A. White Box Testing B. Grey Box Testing C. Black Box Testing D. Open Box Testing Ans:  C 53. Phase Definition. It will come under A. CMM Level 1 B. CMM Level 2 C. None Ans:  B 54. Software testing which is done without planning and Documentation is known as A. adHoc Testing B. Unit Testing C. Regression testing D. Functional testing. Ans:  A 55. Acceptance testing is known as A. Beta Testing B. Greybox testing C. Test Automation D. White box testing Ans:  A 56. Retesting the entire application after a change has been made called as? A. Full Regression Testing B. Unit Regression C. Regional Regression D. Retesting Ans:  A 57. Boundary value analysis belongs to which testing method? A. Black Box testing B. White Box testing Ans:  A 58. It measures the quality of a product It is a specific part of the QA procedure, It is a corrective process, It applies for particular product & Deals with the product. A. Validation B. Verification C. Quality Assurance D. Quality Control Ans:  D 59. What are the Types of Integration Testing? A. Big Bang Testing B. Bottom Up Testing C. Top Down Testing D. All the above Ans:  D 60. Product Risk affects The quality or performance of the software. A. True B. False Ans:  A 61. A metric used to measure the characteristic of documentation and code called as A. Process metric B. Product Metric C. Test metrics Ans:  B 62. Which is non-functional software testing? A. Unit Testing B. Block box testing C. Performance Testing D. Regression testing Ans:  C 63. The process that deals with the technical and management issues of software development called as? A. Delivery Process B. Testing Process C. Software Process Ans:  C 64. Executing the same test case on a modified build called as A. Regression Testing B. Retesting C. Ad hoc Testing D. Sanity Testing Ans:  A 65. Which is Black-Box Testing method? A. equivalence partitioning B. code coverage C. fault injection Ans:  A 66. Business Risk affects The Organization developing or Procuring the software. A. True B. False Ans:  A 67. Stratification is a Technique used to analyze/divide a universe of data into homogeneous groups(stratA.. A. True B. False Ans:  A 68. Automation Testing should be done before starting Manual testing. Is the above statement correct? A. Yes B. No Ans:  B 69. Earlier a defect is found the cheaper it is to fix it. Is the above statement correct? A. Yes B. No Ans:  A 70. Informing to the developer which bug to be fix first is called as A. Severity B. Priority C. Fix ability D. Traceability Ans:  B 71. Software Testing is a process of evaluating a system by manual or automatic means and verify that it satisfies specified requirements or identity differences between expected and actual results. A. True B. False Ans:  A 72. Retesting modules connected to the program or component after a change has been made? A. Full Regression Testing B. Unit Regression C. Regional Regression D. Retesting. Ans:  C 73. An Important metric is the number of defects found in internal testing compared to the defects found in customer tests, Status of test activities against the plan, Test coverage achieved so far, comes under A. Process Metric B. Product Metric C. Test Metric Ans:  C 74. Alpha testing will be done at, A. User's site B. Developers' site Ans:  B 75. SPICE Means A. Software Process Improvement and Capability Determination B. Software Process Improvement and Compatibility Determination. C. Software Process Invention and Compatibility Determination. D. Software Process Improvement and Control Determination Ans:  A 76. Requirements Specification, Planning, Test case Design, Execution, Bug Reporting & Maintenance This Life Cycle comes Under A. SDLC B. STLC C. SQLC D. BLC Ans:  B 77. It provides a set of levels and an assessment model, and presents a set of recommended practices that allow organizations to improve their testing processes. A. TIM (Testing Improving Model) B. TMM (Testing Maturity Model) C. TQM(Total Quality Management) Ans:  A 78. Standards and procedures for managing changes in an evolving software product is called? A. Confirmation Management B. Confederation Mangement C. Configuration Management D. Compartability Management Ans:  C 79. Path Tested = Number of Path Tested / Total Number of Paths A. True B. False Ans:  A 80. This Testing Technique examines the basic program structure and it derives the test data from the program logic; Ensuring that all statements and conditions executed at least once. It is called as A. Block box Testing B. White box Testing C. Grey Box Testing D. Closed Box Testing Ans:  B 81. This type of test include, how well the user will be able to understand and interact with the system? A. Usability Testing B. User Acceptance Testing C. Alpha Testing D. Beta Testing. Ans:  A 82. Defects generally fall into the following categories? A. WRONG B. MISSING C. EXTRA D. All the above Ans:  D 83. What is correct Software Process Cycle? A. Plan(P)------>Check(C)------>Act(A)----->Do(D) B. Plan(P)------>Do(D)------>Check(C)----->Act(A) C. Plan(P)------>Do(D)------>Act(A)----->Check(C) Ans:  B 84. Conducted to validate that the application, database, and network they may be running on can handle projected volumes of users and data effectively. The test is conducted jointly by developers, testers, DBA’s and network associates after the system Testing called as A. Functional Testing B. Stress/Load Testing C. Recovery Testing D. Integration Testing Ans:  B 85. Maintenance Plan predicts the maintenance requirements of the system, maintenance costs and effort required A. True B. False Ans:  A 86. Beta testing will be done by A. Developer B. User C. Tester Ans:  B 87. Validation plan describes the approach ,resources and schedule used for system validation A. True B. False Ans:  A 88. Integration, It will come under A. CMM Level 1 B. CMM Level 3 C. CMM Level 2 D. None Ans:  B 89. Types of quality tools are Problem Identification Tools and Problem Analysis Tools. A. True B. False Ans:  A 90. Which Software Development Life cycle model will require to start Testing Activities when starting development activities itself A. Water falls model B. Spiral Model C. V-model D. Linear model Ans:  C 91. A metric used to measure the characteristic of the methods, Techniques and tools employed in developing, implementing and maintaining the software system called as A. Process metric B. Product Metric C. Test metrics Ans:  A 92. Check Sheet(Checklist. is considered a simple , but powerful statistical tool because it differentiates between two extremes. A. True B. False Ans:  A 93. Application should be stable. Clear Design and Flow of the application is needed for Automation testing. A. False B. True Ans:  B 94. Quality plan describes the quality procedures and standards that will be used in a project. A. False B. True Ans:  B 95. How severely the bug is effecting the application is called as A. Severity B. Priority C. Fix ability D. Traceability Ans:  A 96. Project Risk affects The Schedule or Resources. A. True B. False Ans:  A 97. The name of the testing which is done to make sure the existing features are not affected by new changes A. Recursive testing B. Whitebox testing C. Unit testing D. Regression testing Ans:  D 98. Management and Measurement, It will come under A. CMM Level 1 B. CMM Level 3 C. CMM Level 4 D. CMM Level 2 Ans:  C 99. AdHoc testing is a part of A. Unit Testing B. Regression Tesing C. Exploratory Testing D. Performance Testing Ans:  C 100. Cost of Production = Right The First time cost(RTF. + Cost of Quality. A. True B. False Ans:  A MANUAL TESTING Questions and Answers pdf Download Read the full article

[smokewizard992-blog]

Its not done but this is my longest story so far please excuse any grammical errors.

Title: Kurokus revelation Another bright and sunny day in the leaf. kuroku returning from a short and simple misson he took to alive his usual boredom. "Now that im home i wonder what to do now" said kuroku as his coat fluttered in the wind. He stops with a face of uneasy wonder as he places his hand on his chest "the ticks are uneasy" kuroku pondered "something isnt right i probably forgot to clean something in the cafinic.." kuroku said with an uneasy grin. And in an instand several explosions can be heard through out the village. "WHAT THE HELL!" said kuroku as he unwravels the hive. "For once things wont be boring!" Said kuroku confidently as he takes off to go meet the challenge. Moving quickly through the village he notices several large centipede creatures thrashing around the village. One of these large beasts turns its attention twards kuroku and lunges towards him kuroku jumps landing on a near by building. "Have a taste of this then!" With a few flicks of his finger tips the hive takes off into the sky above the centipede. A series whirling and click of gears from the hive is heard as several compartments open in the hive revealing ticks fit to burst. The ticks quickly detach and begin to plummet twards the beast eventually exploding in rapid succession "special move: aburame light show" said kuroku with a large toothy grin on his face as the smoke cleared revealing the beast in multiple pieces but kurokus victory is short lived when he senses another presence close to him but before he can turn and retaliate he takes a hard right hook to the cheek sending him across the rooftop. Kuroku now bleeding from the corner of his mouth he looks up and becomes stricken with suprise "i...its you! Theres no way my ticks blew you to pieces!!!" A deep voice radiates the air "you didnt honestly think those little flys of yours would be enough did you?" Chapter 2: Brains vrs brawn "Ok first off meat head they arent flys they are ticks" said kuroku in a irritated groan as he slowly stands up to his foe "Akui kosodoro this time ill make sure i do more than just give u a parting gift on your face" kuroku muttered wiping blood from his lip. Loud cracks echo through the strangely still air as akui cracks his knuckles. "Speakin of which i need to return the favor bug boy" with out a seconds hesitation akui charges across the roof top chakra collecting in his drawn back fist to deliver a more powerful blow as he lashes out his blow once again connects to kurokus face but before he flys off kuroku bursts into a puff of smoke revealing a log "A Substitution?!" Said akui with a shocked tone of voice. Akui quickly notices a patch of paper on the log showing a crude drawing of kuroku giving the finger saying "catch me if u can boxer breifs" the log then opening two side doors revealing 4 ticks. Akui quickly launches back knowing what those bugs mean. Narrowly escaping the blast akui is forced off the roof top and onto the city streets. "Where did that snail slip off too" said akui angrily quickly throwing up hand signs for a jutsu. Boar,dragon,rat his eyes intensify and chakra forms infront of them in an almost binocular fashion and through his eyes all the scources of concentrated chakra are highlighted in his vision. Akui knotices theres chakra strings all over the street attached to random objects and sputtering off into what seemed to be random dicrections. "Tsk youll have to do better than that" akui then focuses even harder revealing the chakra in each string one in particular glowing brighter than the rest "there u are!" Said akui as he runs following the string leading him to a pottery shop. "This again...WHY DONT U COME OUT AND FIGHT ME LIKE A MAN!" Akui shouted into the building. frothing with anger akui hesitantly walks into the shop following the string up to a gourd in the back of the shop "ive seen this trick of yours hide by disguising yourself as the gourd your puppet rolls up into while that damn doll attacks from the shadows well not this time i have you now!" Akui said excitedly as he smashes the gourd with his fist busting off the top half only to reveal theres no kuroku but more ticks ready to blow akui quickly backing up in a panic he knocks over some other pots which have even more ticks inside "SHI-" akui intterupted as the entire shop bursts into a torrent of smoke and flame. Across the street kuroku hops out from behind a tree "first off i dont fight like a man i fight like a shinobi. Second off. Special move: Basket Bomb" said kuroku as he adjusts his shades and reels the hive back into its gourd shape. (End of chapter 2) Chapter 3: we all know pain As kuroku wraps up everything from he previous encounter which included making sure the shop keep and any civilians were unharmed. A roaring voice echoes throughout the village "ALL MIGHTY PUSH" says the voice as the village begins to shake and rumble and a large crater begins forming during this a large gust of wind and dust blows up sending kuroku flying. Hitting his head upon his landing rendering him unconscious. Moments of kurokus life past by in an instant and yet he experiences every moment like they just happend. Most of these moments included hinata in every moment she appeared kuroku felt a warm joyous feeling overwhelm him but as they went on that feeling faded and shifted into a red hot jealousy because he realized hinata wasnt looking at him but rather naruto instead the memories became blurry as they went by faster faster eventually kuroku saw his own face with a scowl and furrowed brow he opens his mouth and says "its not ment to be". Suddenly kuroku jerks awake realising hes buried under a pile of rubble blood running from the top of his head to his chin on the right side of his face. a small chip in the left lense of his shades. His throat dry his body sore. "I have to find her" kuroku grumbled as he began to shift and move to get out from under the rubble. Upon finally digging out his upper torso he saw something that crushed him not physically but this hurt more than any broken bone down at the bottom of the crater he saw her.. hinata standing in front of what kuroku first thought was the fourth hokage but looking more closely it was naruto trying to protect the village and she was protecting him. Kuroku couldnt hear most of what hinata was saying but the message to kuroku was vividly clear. Kuroku heard these words as if he was right next to them "i love you naruto" and just as kuroku heard these words he felt his body become 100 times heavier and his heart drop into 1000 pieces his ticks became restless as one lonely tear fell down his cheek kuroku didn't fully understand how he felt . he was hurting but there was something else a tiny something a small glimmer of somthing deep down past all the pain....it was peace kuroku felt at peace with what he saw and then he realized why kuroku felt happy so long as hinata was happy and if konohas hyperactive knuckle head ninja was the one who made her happy. Kuroku began to try and pull himself outt of the rubble but he was to exhausted to continue eventually collapsing once more. (End of chapter 3) Chapter 4: recovery Kuroku opens his eyes to realize he was napping in the woods and needed to get back to the village so he stands up and begins walking kuroku eventually reaches behind him to grab something and starts to panic "HEY WHERES MY uhhhh..." he said forgetfully he begins patting all over himself for he couldnt shake the feeling of something thats very symbolic of his character is missing as he pats his coat pocket and finds his shades "ah here they are" kuroku said as the feeling mostly dissapated kuroku eventually stops and kneels at a small creek and leans over to see his reflection and he quickly knotices the one black tuft of hair that sticks up no matter what he does "in my dream it was red...i may do that it looked pretty good" kuroku said to his reflection "that way youll look far cooler when your older" he said with a playful childlike chuckle. Kuroku eventually looks up and sees a man in white cloth staring down at him from atop the hill. Kuroku being the agravatable child he is began to march up to the man to tell him its rude to stare but as he got to the top the man turned and walked away only to reveal to kuroku that theres a small log cabin at the top of the hill but hes sure that he shoulda been able to see the cabin from where he was but ever determined kuroku marched on into the cabin only for him to see rows upon rows of large doll like items of all shapes and sizes kuroku is filled with wonderment he sees the man at a small work desk at the other side of the cabin so kuroku wanders up "what are these things.." kuroku said curiously "Puppets" said the man in a kind but stern voice "i build them to keep from being home sick" said the man again kuroku astonished his mind began to scribble all the possible aplications for these tools "TEACH ME HOW" shouted kuroku as a grin makes its way across the mans face as everything fades away once more with a quick glimpse of kuroku learning building and training eventually completeing the hive as once more he wakes up only in a room he did not recognise on a bed that wasnt his as he felt around he knoticed his legs are in braces and he bumps into a book accidentally "HEY watch it will ya im trying to study here" said a voice as the page gets turned kuroku quickly looks up quickly being a loose term since hes very sore and he knotices hanabi hyuga reading her book at his bedside as she looks up and realizes that hes awake and she stands up and runs out the door kuroku is very confused but remains calm as neji and shino walk in "about time u woke up natsu has been working tirelessly treating you and taking care of hanabi" said neji in his usual stern voice "im actually astonished this isnt a result of more of your breeding projects" said shino as a way to mock kuroku "honestly it kinda is" kurokus face suddenly went strawberry red as natsu walked in and and lit up "oh im so releived your awake" said natsu gently. "Y-your a woman?!" Said kuroku with embarrased suprise in his voice "does my name not give it away?" Said natsu "to be honest its not at all what i imagined" a flash of a pink haired pyromaniac appeared in kurokus head. Natsu looks down and says "sorry i didnt meet your expectations kuro-san " kuroku quickly retorts 'NO no u exeeded them greatly ! Uhh how long was i out anyways? Natsu looks up "about a week." She says reluctantly "A WEEK?!" said kuroku with a shock "that means at somepoint youve......" his face turning even more red natsu walks up and starts removing the braces "it wasnt bad" said natsu very quietly kuroku looks to be on the verge of a heart attack as he falls out of bed from celebrating (End of chapter 4)

[rolandfontana]

Private Health Provider Endangered Arizona Inmates: Whistleblower

The sound of coworkers crying. Sprinting to stabbings and hangings. The hiss of an empty oxygen tank. The inevitable loss of life. These are the memories of Jose Vallejo from his time in an Arizona prison.

Vallejo worked for Corizon Health in the Arizona Department of Corrections for two years from December 2016 to December 2018. He alleges the company is violating state regulations, purposefully misleading state auditors, and putting patient lives at risk.

U.S. District Judge Roslyn Silver, overseeing the Parsons v. Ryan prison health care settlement, recently appointed an independent expert to review the entire Arizona prison health care system after similar allegations were made by previous whistleblowers.

Vallejo read their accounts and came to KJZZ with his own story, after he says his concerns fell on deaf ears at Corizon and the Department of Corrections.

MORE: On The Inside: The Chaos Of Arizona Prison Health Care

Vallejo is no stranger to the correctional world. He has worked as a correctional officer and a police officer, as well as a correctional nurse. For the past two years, he was employed as a licensed vocational nurse at the Arizona State Prison Complex – Eyman in Florence.

Much of his time was spent working in the SMU-1 unit, where some of the most seriously mentally ill patients in the state prison system are housed.

Vallejo worked as an hourly employee for Corizon Health, logging 12-hour shifts, four or five days a week. His duties included distributing medicine and providing health care to thousands of patients. He estimates he was putting in between 120 and 150 hours every two weeks at the prison.

“It’s mentally exhausting — emotionally — physically,” he recalled in a recent interview at his home. “We have to stop what we’re doing to respond to emergencies. We have inmate stabbings, inmate hangings. It takes a toll. It really does.”

Lack Of Staffing, Training

When Vallejo first started at Eyman, he said he was forced to hit the ground running. Instead of the two weeks of training he was promised, “I literally got two days of training, and I was thrown into working nights by myself.”

He says his previous work experience helped steel him against the pressure, but other nurses were simply not prepared.

“There’s RNs there that don’t even know how to start an IV,” Vallejo said. “There are nurses that can’t operate an oxygen tank. A lot of them have no type of training. They’re book-smart, but when it comes to a hands-on situation, they have no idea what’s going on.”

Vallejo says the lack of training provided by Corizon sets nurses up for failure.

An independent expert hired by Magistrate Judge David Duncan in 2018 to review Corizon’s staffing woes found that “recruitment and retention are an ongoing issue, resulting in staff being stretched too thin to provide coverage.”

Vallejo said not much has changed. He says he and his colleagues were run ragged.

“You have nurses crying in the middle of their shift — it’s horrible,” he said.

Despite Corizon’s contract with the state guaranteeing 90 percent staffing fulfillment, Vallejo claims his unit was usually only 50 percent staffed with health care personnel.

He says the turnover was like nothing he has ever seen.

“Corizon is just hiring bodies, trying to get their numbers up,” he said.

Vallejo kept internal employee logs that he claims show several units at the Eyman prison were continually understaffed.

Editor’s Note: KJZZ reports that the Arizona Department of Corrections (ADC) did not respond to multiple requests for comment regarding the accusations contained in this article. Corizon Health spokesperson Martha Harbin said Jose Vallejo was “terminated from his position for failure to perform required duties” but provided no other response to his allegations.

‘Dangerous Situations’

Vallejo says a registered nurse should have been at the prison complex at all times, but often there was no one working with that level of certification. Many times, he says, licensed vocational nurses were forced to make decisions that should have been handled by someone with more experience.

“We’re making a call that someone else should be making,” Vallejo said. “We’re making calls that someone with more education should be doing.”

Vallejo says this led to many dangerous situations.

*“We’re putting people’s lives on the line,” he said. “When we’re passing medications to so many inmates, it creates room for medication errors.”

Vallejo says this included inadvertently giving inmates the wrong medication, “which can ultimately kill them, depending on what you’re giving them. I mean you have blood pressure medications, heart medications – critical stuff.”

Vallejo says inmates with chronic illnesses suffered the most.

“There was a lot of times, due to lack of staff, that diabetic inmates weren’t getting their insulin until 9 or 10 o’clock in the morning,” Vallejo said. “That’s pretty dangerous considering we turn around and give it to them again at 3 p.m.

“So they’re not even hitting their peak when we’re turning around and giving them more.”

In addition to serving thousands of patients’ daily needs, Vallejo says there were constant emergencies.

He claims during one shift he worked in early November, there were 28 Incident Command System (ICS) responses. An ICS is an emergency situation at the prison requiring an all-hands-on-deck type of response from health care providers and Department of Corrections staff.

“It was everything from inmates cutting themselves to cell extractions to chest pains,” he said.

Vallejo said the health care staff wasn’t alone in dealing with staffing shortages.

“The Department of Corrections staff is hurting just as much as we are,” he said.

“There [are] times when you have one correctional officer running an entire wing of several hundred inmates. So you don’t even have eyes on you like you’re supposed to 24/7.”

Vallejo says one night at SMU-1, the inmates set the building on fire.

“We had fire trucks out there, ambulances sending people to the hospital.”

He claims several patients and Department of Corrections staff were injured. He says the inmates were rebelling because they had not been receiving their medication.

“They warned us that they were going to go off,” Vallejo said. “But nobody listened, and they ended up setting the unit on fire.”

Nurses were expected to perform the work required of a full roster of employees.

Vallejo says despite the short staffing, nurses were expected to perform the work required of a full roster of employees. He claims Corizon supervisors repeatedly ordered him and his colleagues to improperly distribute medicine to patients.

“She wanted one of us to pop ’em, while the other two went and handed them out,” he said.

Vallejo says instructing one nurse to “pop” pills from their blister packs while directing another nurse to distribute them is against guidelines established by the state board of nursing.

“We told her we weren’t going to do it. It’s illegal. We can’t pass medicines that somebody else has poured. But they didn’t care.”

Empty Oxygen Tanks, Broken EKG Machines

Vallejo alleges a lack of resources contributed to a dangerously deficient level of care.

“We have cancer patients not getting cancer treatment like they should be,” he said. “There are follow-ups by providers that aren’t happening. They’re just being overlooked.”

Dr. Jan Watson, who also formerly worked for Corizon as a health care provider at the Eyman prison, made similar accusations about poor access to specialty care to KJZZ in December 2017.

Watson ended up testifying in federal court along with another Corizon whistleblower, Dr. Angela Fischer, who expressed similar concerns.

“I had one male patient that was so bloated he looked like he was nine months’ pregnant,” Vallejo said. “He was jaundiced so badly, he had pretty much yellowish skin.”

Vallejo says he fought with administrators for three months before they agreed to send the patient to another facility that could provide proper care.

“He should have had a lot better care,” Vallejo said. “He needed dialysis. He needed different types of CAT scans and we just weren’t equipped to handle that.”

Vallejo says he treated another patient whose blood platelet levels were dropping rapidly. He says he asked administrators for help with the patient for a year before it was discovered he had developed cancer.

“There was a time when we had an emergency and we didn’t even have working oxygen tanks that were full — they were all empty,” he said. “Other times, we’re having to run to another unit on the other side of the complex to get an EKG machine because ours isn’t working.”

Vallejo says “man down” situations were a constant occurrence. But a specific bag, reserved for such emergencies, was never properly maintained.

“People would break the secure tags on ‘man down bags’ to get supplies in an emergency and then wouldn’t replace them,” he said. “You have things in there that are expired and don’t even belong in there.”

DOC Monitoring Bureau

The Arizona Department of Corrections created a monitoring bureau “to follow the medical care and treatment of inmates” after the state privatized prison health care in 2012. The bureau performs audits on the health care facilities at state-run prisons, currently operated by Corizon Health.

Vallejo claims he witnessed and took part in numerous practices, directed by Corizon Health administrators, that were conducted to deceive the state monitoring bureau and avoid potential fines.

“When it’s time for audits, Corizon administrators will ask us to make sure all the books are signed and tell us to ‘fill in the blanks,’” Vallejo said. He says there are several logs maintained by Corizon for monitoring things like narcotics inventories and temperatures in the inmates’ cells.

“Our narcotic books are supposed to be signed every shift,” he said. “All the temperatures are supposed to be within normal limits.” But these books, he said, were often left blank.

“I’ve been asked to fill in the blanks on multiple occasions,” Vallejo said. “Narcotics are supposed to be counted and signed for at the beginning of the shift and at the end of the shift. But there’s a lot of times where they aren’t. So two or three months later, they’ll ask whoever is around to sign off on the books, so they’re not getting dinged for it.”

Vallejo says there was a specific room at his unit where his supervisors would pile up the books full of empty blanks and a Corizon administrator would order Vallejo and his colleagues to fill them in.

“If a state auditor shows up, they’ll call every unit and let them know they’re there and instruct the nurses to make sure everything is signed out, make sure everything is out of sight, and make sure everything is ‘tidy,’” Vallejo said.

Vallejo: I was ordered to improperly sign narcotics books.

Vallejo admits to improperly signing several of the narcotic books under order from his supervisors.

“It sucks because they’re putting us in a predicament where either we sign it — or if we don’t — we’d end up getting some sort of retaliation.”

Vallejo says he is certain that Corizon administrators knew when the audits were coming, and prepared for them. “They know before they show up. So they try to start fixing everything and hide what they can,” he said.

“Every nurse that works there has been told at one point or another to fill in a blank, or sign something off, or back-date something, or chart on something that they might not even have been there to chart on,” Vallejo said. “It’s common practice.”

Vallejo claims that in addition to falsely signing forms and backdating patient visits that didn’t occur, Corizon administrators ordered nurses to hide expired medicines from the state auditors.

Expired Meds Hidden From Auditors

“We were asked to make sure expired medications were out of sight so the auditor doesn’t see them,” he said.

“We had medications in the med room that should have been discontinued,” he said.

“When they find out the auditors are coming, they’ll go and stick the expired meds in the pharmacy room and pretty much just lock them up until the auditors are gone. And once they leave, they’ll bring them back out.”

Vallejo says when clinics at the prison would run out of medications, which he says occurred frequently, Corizon administrators would instruct nurses to give patients the expired medications.

Vallejo said he expressed his concerns about all of these allegations to the Corizon Health facility administrator, assistant administrator, assistant directors of nursing and the regional director of nursing. He claims nothing happened in response.

Vallejo saved emails from his superiors that show they were aware of the staffing shortages and the impact it was having on patient care.

Vallejo says he asked Arizona Department of Corrections officials for help as well, to no avail.

“Anytime we try to go to ADC, they have us go up our chain of command at Corizon,” he said. “It got the the point where I started telling inmates to write grievances because we weren’t getting anywhere with management.”

In November 2018, Vallejo and his colleagues sent emails to Corizon Health administrators describing how dire the staffing situation had become.

Vallejo says two weeks after the November email to supervisors stating the nurses would no longer distribute medicines without proper staffing, he was told by his supervisors they were going to report him for abandoning his patients. Vallejo says on Dec. 3, 2018, ADC officers escorted him from the property at Eyman.

‘I Hope Somebody Opens Their Eyes’

Days later, Vallejo contacted KJZZ to tell his story.

“I just hope somebody opens their eyes,” Vallejo said. “I hope something is done about it, because there is a lot of potential there. You have a lot of great nurses there, but we don’t have the resources or the help that we need.”

“Nothing is being done,” Vallejo said, “and nothing will be done unless it’s brought to the light. The only route that anyone can take now is bringing it out to where people can read about it and taxpayers can know what they’re paying for.”

Vallejo believes if Corizon would fill the contracted health care positions and provide better training for new employees, turnover would decrease and the quality of patient care would improve dramatically.

He says he’s heard from former coworkers since his departure who were told by Corizon administrators that if they took a stand like Vallejo did, they would face the same fate.

Vallejo says he continues to worry about the patients he left behind at Eyman.

“They are not asking for anything out of the norm,” he said. “They’re just asking for the medications they need. They’re asking to be seen when they’re supposed to be seen. They’re asking for simple stuff. It’s not anything drastic, just basic necessities that we don’t have the resources for.”

“Somebody needs to do something,” Vallejo said, “or else more patients are going to die.”

The Arizona Department of Corrections recently announced it has selected a new health care vendor, Centurion Managed Care, to take over the state prison health care contract from Corizon Health on July 1, 2019.

Additional Reading:

Corizon Health Loses Arizona Prison Health Care Contract

Scabies Outbreaks Confirmed At 2 Arizona Prisons In 4 Months

Jimmy Jenkins, a staff reporter for KJZZ, Arizona Public Radio, is a 2018 John Jay Justice Reporting Fellow. A fuller version of his reporting, as well as links to his broadcasts, are available here.

Private Health Provider Endangered Arizona Inmates: Whistleblower syndicated from https://immigrationattorneyto.wordpress.com/

[part-3-architect-blog]

Contract Administration for Dummies

Contract Administrator’s Role[i]

·         RIBA role specification begins with the Architect inviting tenders and then assisting the Employer in assessing the tenders returns and contractor selection.

·         Preparing the building contract (all contract documents) and arranging for signatures.

·         Administration of the terms and mechanics of the building contract

o    Change control, Employer Instructions, considering claims, chairing progress meetings and issuing reports, coordinating inspections, issuing of certificates

·         Liaising with other consultants to gather information sufficient to enable the contract to be properly administered.

·         In holding the balance between the employer and contractor’s interest, Architect’s duty to act independently, honestly, fairly and impartially.

 Information Release Schedule

·         If information listed is provided later than said date then it will be a relevant event in the case of extension of time claim.

 Contractor’s Master Programme

·         (cl 2.9.1.2) SBC16 requires the contractor to produce a master programme – it is not a contract document and does not impose any additional obligations on either party (e.g it would not oblige the contractor to carry out the work in any particular sequence).

·         Programme is useful to the CA to monitor progress and assessing extensions of time. Should show critical paths

 Delays[ii]

·         (cl 2.27.1) Where progress is likely to be delayed contractor must give written notice as soon as a potential problem becomes apparent – “forthwith”.

·         Contractor has to give notice to CA ANY delays including contractor culpable delays.

·         (cl 2.27.2) Contractor should set out causes of the delay and identify any relevant events and an estimate of their effects on completion.

·         CA to assess whether delay was caused by Relevant Event.

·         (cl 2.27.3) Contractor to provide any further information that CA may require.

·         Delay which impacts on completion date is caused by contractor, he is liable to pay LADs to Employer

·         Concurrent delay – some form of apportionment required, keep good records for investigation

 Extension of Time[iii]

·         Allow the construction period to be extended where there is a delay that is not the contractor’s fault.

·         (cl 2.28.2) CA should notify contractor of decision in any event as soon as he can and within 12 weeks.

·         IF CA accepts the delay was caused by Relevant Event then they may grant an EOT and the completion date is adjusted.Use reasonable skill and care.

·         (cl 2.9.1.2) Contractor to provide an updated master programme within 14 days of decision.

·         (cl 2.28.4) CA may reduce previous EOT by fixing an earlier completion date – Relevant Omissions (where work has been omitted through a variation instruction) – contractor must be notified of reduction attributed to each relevant omission (cl 2.28.3.2).

·         (cl 2.20) no EOT where delays caused by defaults set out in cl 2.20 ie errors in CDP or delay in submission of contractor’s design documents.

·         Contractor’s obligation to always mitigate its loss – able to show it has taken such reasonable steps

 Relevant Events[iv]

·         (cl 2.29) A delay which impacts completion date is not caused by the Contractor – for which the Contractor may be entitled to an EOT and to claim loss and expense.

1.       Variations

2.       CA instructions: Discrepancies in contract docs, postponement of work, opening up & inspection, issues with Named Specialist works

3.       Delay in giving contractor possession of site

4.       Discovery of fossils, antiquities on site

5.       Approximate Quantity estimated very incorrectly

6.       Suspension of work by contractor in case of Employer’s non-payment

7.       Acts of prevention, impediment by Employer, or Employer’s Person

8.       Statutory undertaker’s work

9.       Exceptionally adverse weather

10.    Specified Peril (fire, lightning, earthquakes, flood, escape of water from tank/pipe)

11.    Civil commotion or terrorism

12.    Strikes and workman protests

13.    Changes in statutory requirements

14.    Named Specialist insolvency

15.    Force Majeure

 Practical Completion[v]

·         (cl 2.30.1) CA certifies PC when all the works described in the contract have been carried out.

·         PC is where:

o    Exchange of site possession occurs, insurances switched, insurers need to be informed of outstanding works programme

o    Half of the retention fund is released to the contractor (cl 4.19.2)

o    Defects rectification period begins

o    Contractor’s liability for LADs ends (cl 2.32.2)

·         CA should bear in mind:

o    All the construction work that has to be done has been completed

o    Works can’t be practically complete where there are patent (known) defects

o    Works can be practically complete where there are latent (unknown) defects

o    CA can certify PC where there are very minor items of work left incomplete

o    Contractor must have complied with their obligation to provide as-built drawings and information requested for the Health & Safety file

·         Documentation that should be issued to the client upon certification of PC

o    Draft building owner’s manual (O&M manual) – operation, maintenance. Contractor

o    Building user’s guide – operating heating, lighting, cooling, access, security, safety systems

o    Health and Safety file – CDM. Principal designer

o    Building log book (building regs Part L)

o    Construction stage report – CA

  Sectional Completion[vi]

·         Provision/an express term within contract allowing different completion dates for different sections of the Works.

o    Multiple completion dates

o    Extent of each section clearly defined

o    Liquidated damages for each section

o    Release of retention specified per section

o    Clarification on how EOT provisions will be applied (knock on effects)

·         Common on large projects – allowing client to take possession of the completed parts whilst work continues on others.

·         Different from Partial Possession in that it is pre-planned and defined in contract documents.

·         Follows usual handover procedures (except some which cross all sections eg commissioning, O&M manuals, as built dwgs, MEP services)

·         Separate PC certificates and certificates of making good required for each section, one final certificate

·         Considerations/difficulties:

o    Complex logistics on site when different parties possess different sections

o    Protection of completed sections from ongoing work

o    Provision of appropriate insurance at all times for all sections

o    Appropriate H&S measures to deal with risks resulting from occupation of areas adjacent to or only accessible through ongoing construction works

o    Provision of appropriate security measures

 Non-Completion[vii]

·         (cl 2.31) CA required to certify failure to complete a section/the Works by the relevant date with a Non-Completion Certificate.

·         Once issued contractor is in culpable delay.

·         (cl 2.32.1.1) Required before any deduction of liquidated damages – may be deducted from next interim certificate, or reclaim sum as a debt.

·         If EOT granted following issue of nc certificate – certificate is cancelled. New nc certificate must be issued if contractor fails to meet new completion date

 Liquidated Damages[viii]

·         Pre-determined damages, reflecting the employer’s likely losses and expressed as a specific sum per week of delay to be compensated by the contractor in the event of failure to complete works by completion date.

·         LADs are entered for each section/for the works in contract particulars

·         Preconditions to be met:

o    Contractor failed to complete the works by completion date

o    CA must have fulfilled all duties with regards to granting EOT

o    CA must have issued non-completion certificate (cl 2.32.1.1)

o    Employer must have informed contractor before date of final certificate of the payment of LADs or the deduction from monies due (cl 2.32.1.2)

·         2 notices:

o    General notice of intention

o    Notice at the time payment is required/deduction to be made (must be no later than 5 days before final payment date). Must state that “for period between the Completion Date and the date of PC”

  Partial Possession[ix]

·         (cl 2.33-2.37) Possession by employer of completed part of works ahead of PC

·         (cl 2.33 + 1.11) Requires agreement of contractor, which cannot be unreasonably withheld, but not obliged to if it causes too many problems.

·         CA must issue notice to contractor identifying precisely extent (dwg) of ‘Relevant Part’ and ‘Relevant Date’ (date of possession). To be issued immediately after part possession occurs.

·         Effects of Partial Possession:

o    (cl 2.34) PC “deemed to have occurred” for ‘Relevant Part’ on ‘Relevant Date’.

o    (cl 2.35) Certificate of making good defects issued for that part separately. Defects Rectification period begins for that part.

o    (cl 2.36) Notify insurers. Client is responsible for that part and should insure it

o    (cl. 2.37) LADs are reduced proportionally

o    Half the retention for that part must be released

·         Considerations/difficulties:

o    Site logistics, operations, access

o    Protection of completed parts of the works

o    Provision of appropriate insurance

o    Appropriate H&S measures to deal with risks resulting from occupation of areas adjacent to or only accessible through ongoing construction works

Defective Work[x]

·         Where standard of goods/materials/workmanship is a matter of approval of CA under cl 2.3, dissatisfaction should be expressed within reasonable time cl 3.20, and reasons stated.

·         Achieving contractual standard of work is responsibility of the contractor.

 Defects Rectification Period[xi]

·         A contractual window during which the contractor has a right to return to site to remedy identified defects. Intended to allow for the rectification of defects that are not apparent at the date of PC. Default under SBC it is 6 months but employers often expect 12 months

·         (cl 2.38.1) CA may issue instructions/schedule of defects to the contractor requiring the making good of any defect at any time up until 14 days after the expiry of the rectification period. Contractor is required to rectify defects within reasonable time.

·         Alternatively, CA could instruct employer to accept the defects, whereby an appropriate deduction is made from the contract sum – viable option for very minor defects. Be careful as employer cannot claim for consequential problems or remedial work.

 Certificate of Making Good[xii]

·         (cl 2.39) When in opinion of CA the contractor has made good all the defects notified to them, CA must issue Certificate of Making Good.

·         Final certificate cannot be issued without the CA issuing the Certificate of Making Good first.

 Non-compliance by Contractor[xiii]

·         (cl 3.11) CA may issue notice requiring compliance with instructions, where if the contractor has not complied within 7 days, allows the employer to bring in another contractor to do the work and deduct the resulting costs from the contract sum.

  Valuation[xiv]

·         Assessing the value of the works carried out.

·         CA to instruct QS to calculate gross valuation of work carried out to date, usually prior to due date to determine whether the contractor’s interim application is accurate – their valuations should exclude value of incomplete or defective work.

 Interim Certificate[xv]

·         CA’s duty to issue interim certificates for payment at monthly intervals, after the work carried out to that date has been valued. The issue of the CA’s certificate is a precondition to the contractor’s entitlement to payment.

·         (cl 4.10.1) Contractor may submit an interim application before stating what the interim certificate to cover – but valuation is a CA’s responsibility.

·         Interim Valuation Date (date stated in contract particulars – contractor serves on or before) > Due date is 7 days from IVD(cl 4.8) > Interim Certificate (CA must issue within 5 days of each due date (cl 4.9.1)) > Pay Less Notice (issued by employer not more than 9 days after due date (cl 4.11.5)) > Final Date of payment (made within 14 days of Due Date (cl 4.11.1))

·         (cl 4.17.3) CA must issue statement specifying amount of the retention to employer and contractorwith each interim certificate.

 Retention[xvi]

·         Percentage (often 5%, default 3% if not stated) from each interim payment due to the contractor, that is deducted and retained by the client to create a fund which employer may use to remedy any defects that emerge.

·         Employer required to hold retention fund in a trust for the contractor, to protect the retention money against the employer’s potential insolvency. (at contractor’s request)

 Consequences of Non-payment[xvii]

·         (4.11.6) If Employer fails to pay a sum due to contractor on or before Final date for payment and fails to serve an appropriate Pay Less Notice, the outstanding sum plus interest may be recovered by contractor as debt – usually through adjudication.

·         (cl 4.13) Contractor, may subject to service of appropriate notice, exercise his right to suspend performance of all its obligations under the contract – work and insurance.

  Loss and or Expense[xviii]

·         Enable the contractor to be reimbursed for direct loss &/ direct expense suffered as a result of delay or disruption and for which he is not reimbursed under provision in the contract.

·         Contractor entitled to reimbursement for loss &/expense incurred as a result of deferment of possession or any occurrence of a Relevant Matter

·         (cl 4.21.1,2) Required to notify CA promptly, notice to be accompanied by an assessment of losses incurred/likely to be incurred

·         CA to ascertain loss and expense – CA must determine what has actually been suffered. (increased prelims, overheads, loss of profits, uneconomic working, inflation, interest, finance charges)

·         CA required to notify contractor of the ascertained amount of loss in 28 days.

·         Contractor’s obligation to always mitigate its loss – able to show it has taken such reasonable steps

 Relevant Matters[xix]

·         (cl 4.22) A matter which effects progress of the works and is not caused by the Contractor, Employer responsible – for which the Contractor may be entitled to claim loss and expense.

1.       Variations

2.       CA instructions:delays in receiving instructions, postponement of works, opening up & inspection, discrepancies in contract information, arbitration

3.       Delay in giving contractor possession of site

4.       Discovery of fossils, antiquities on site

5.       Approximate Quantity estimated very incorrectly

6.       Acts of prevention, impediment by Employer, or Employer’s Person

7.       Failure by client to supply goods or materials

8.       Issues relating to CDM

 Final Certificate[xx]

·         Certification by the CA that a construction contract has been fully completed.

·         Certificates that should have been issued by this stage:

o    Interim certificates monthly intervals with full retention percentage applied (cl 4.8, cl 4.19.1)

o    Practical completion certificate (cl 2.30)

o    Certificates at monthly intervals during the rectification period, with half the retention percentage applied (cl 4.8, cl 4.19.2)

o    Certificate of Making Good (cl 2.39)

·         CA to issue Final Certificate within the specific time periods set out in contract (cl 4.26.1) not later than 2 months of

o    End of Rectifications Period

o    Date of issue of the Certificate of Making Good

o    Date where statement of Final adjustment was sent

·         Process for calculating the final adjusted contract sum to be included in the final certificate begins with contractor – he must provide all necessary info to CA not later than 6 months after PC certificate/last Section Completion certificate.

·         Final date for payment of the Final Certificate is 28 days from date issued

·         CA’s role in Final Certificate: must be certain they have properly & fully discharged their duties as CA prior to issuing the certificate, and must ensure that Final Certificate is unambiguous and complies with the req. of the contract.

·         Final Certificate’s importance:

o    Conclusive where matters (including quality of materials, goods, standards of workmanship) have been expressly stated to be for the CA’s approval have been approved

o    Proper adjustment has been made to the contract sum

o    All and only such EOT, if any, as are due have been given

o    Reimbursement of all direct loss and/expense has been made in final settlement of any claims the contractor may have had

·         Either Employer or Contractor may challenge the Final Certificate by issuing proceedings within 28 days of its issue – certificate ceases to be conclusive.

  Breach of Contract[xxi]

·         If one of the parties to a contract fails to perform as required by the contract.

·         Specified defaults which may give rise to termination are if the contractor

o    Refusal to carry out work/suspend works (cl 8.4.1.1)

o    Failure to proceed regularly and diligently (cl 8.4.1.2)

o    Refusal/neglects to comply with written notice or instruction requiring removal/rectification of defective work (cl 8.4.1.3)

o    Failure to comply to CDM Regulations (cl 8.4.1.5)

o    Abandoning the site

o    Removing plant from the site

o    Failure to make payments

o    Employing others to carry out the work

o    Failure to allow access to site

o    Failure to remove or rectify defective works

·         Contracts usually have express provisions to deal with certain foreseeable situations which might otherwise be breaches – through EOTs etc

·         For more serious breaches contract contains provisions allowing termination of the employment of contractor.

 Termination[xxii]

·         Termination is of the employment and is NOT the termination of the contract itself – parties continue to be bound by it and liable under it after termination.

·         Termination procedures must be followed with great caution – if they are not administered strictly in accordance with the terms of the contract it could amount to a repudiation, allowing the other party the right to bring the contract to an end and claim damages.

·         Termination of the contractor’s employment by the employer:

o    SBC allows employer to terminate after the occurrence, before PC of works, of specified breaches of contract set out in the contract such as: suspending the works (cl 8.4), failing to comply with CDM Regulations (cl 8.4), or the insolvency of the contractor (cl 8.5), or cases of corruption (cl 8.6). If default occurs, procedure must be taken:

§  CA should issue a warning notice to the contractor specifying the particular default (cl 8.4.1)

§  If the contractor continues the specified default for 14 days from receipt of notice, the employer may then, on/within 21 days from the expiry of the initial 14 day period give further notice to terminate the employment of contractor (cl 8.4.2)

§  If contractor ends default or if employer does not give this notice and the contractor repeats the default, the employer may terminate within a reasonable time of the repeated default (cl 8.4.3) – employer must give notice of termination but no further warning is required from CA.

o    CA’s role and advice in relation to the procedures:

§  Before issuing any notice, CA should check that all EOT’s have been dealt with in accordance with contract

§  Identify that cause for termination is reasonable and not vexatious – be wary in taking part in such termination

§  Check if in event of suspension of work is with/without reasonable cause

§  Warning notice must clearly express the default forming the potential grounds for termination.

§  Following termination, a notional final account must be set out stating what is owed or owing – can be prepared by employer or CA’s certificate.

o    Termination by the contractor, or by either party:

§  Contractor has right to terminate its own employment under cl 8.9 in the event of specified defaults of the employer such as: failure to pay amount due to contractor (cl 8.9.1.1), obstruction of the issue of a certificate (cl 8.9.1.2), failure to comply with the contractual provisions relating to CDM obligations (cl 8.9.1.4), specified suspension events (cl 8.9.2), or insolvency of the employer (cl 8.10)

§  Contractor can follow same notice procedure as above, only difference is employer cannot do anything without CA’s initial warning notice. – contractor may give initial 14 day notice then a termination notice after a further 21 days if the default continues.

o    CA’s role and advice in applying principles to facts

§  Exercise good judgement

§  Required to advise along with employer’s legal advisers on the correct course of action – is the specified default continuing or remedied? Is issuing a termination notice an option? Is termination the right option?

o    Consequences:

§  Takes time for contractor to withdraw from site

§  Takes time for employer to establish amounts outstanding before final payment

§  Decision to employ others (cl 8.7.1) must be handled with care as completion of building started by another contractor is always difficult – exact state of completeness at time of termination and defective work to be recorded

 Insolvency of the Contractor[xxiii]

·         (cl 8.5.2) Contractor must notify the employer in writing in the event of liquidation or insolvency.

·         (cl 8.5.1) Employer is given an option to terminate or consider a more constructive approach.

·         During this period contract states that cl 8.73- 75 and (if relevant) cl 8.8 shall apply as if such notice had been given – meaning that even if no notice of termination is given, the employer is not obliged to make further payment except as provided under those clauses.

·         (cl 8.5.3.2) Contractor’s obligation to carry out and complete the works and design of CDP is suspended, and (cl 8.5.3.3) the employer may take reasonable measures to see that the site and works are protected.

·         Employer can then either make an agreement to arrange for the work to continue or terminate the employment of the contractor

  [i]Law in Practice: The RIBA Legal Handbook (Section 7) pages 171

[ii] Guide to JCT SBC 2016 (Section 4) pages 46-47

[iii] JCT SBC 2016 pages 35, 40

[iv] JCT SBC 2016 pages 41-42

[v]Law in Practice: The RIBA Legal Handbook (Section 8) pages 205-206

[vi]Designbuildings.co.uk (Sectional completion in construction contracts)

[vii]JCT SBC 2016 pages 42

[viii]Guide to JCT SBC 2016 (Section 4) pages 61-62

[ix]Guide to JCT SBC 2016 (Section 4) pages 61-62

[x]Guide to JCT SBC 2016 (Section 4) pages 81-82

[xi]Law in Practice: The RIBA Legal Handbook (Section 8) pages 200

[xii]Law in Practice: The RIBA Legal Handbook (Section 8) pages 202

[xiii]Law in Practice: The RIBA Legal Handbook (Section 8) pages 203

[xiv]Law in Practice: The RIBA Legal Handbook (Section 8) pages 204

[xv]Law in Practice: The RIBA Legal Handbook (Section 8) pages 206

[xvi]Law in Practice: The RIBA Legal Handbook (Section 8) pages 208

[xvii]Law in Practice: The RIBA Legal Handbook (Section 8) pages 210

[xviii]Guide to JCT SBC 2016 (Section 4) pages 99

[xix]Guide to JCT SBC 2016 (Section 4) pages 110

[xx]Guide to JCT SBC 2016 (Section 4) pages 120

[xxi]Guide to JCT SBC 2016 (Section 4) pages 133

[xxii]Law in Practice: The RIBA Legal Handbook (Section 8) pages 211

[xxiii]Guide to JCT SBC 2016 (Section 4) pages 137

[the-fitsquad]

Custom Workstation Computer systems By Digital Storm

Fujitsu Global

Silicon Mechanics GPU optimized workstations are particularly created for the most demanding parallel processing intensive applications. An error occurred in processing the dynamic disks involved in the operation. Getting multiple cores will let these applications to run without pulling sources from the devoted core that is operating the application. The DL380z supports the Nvidia GRID K2, K4000, K5000, and K6000 graphics cards. Motherboard MSI Z370I Gaming Pro Carbon AC memiliki desain yang mirip seperti pendahulunya yang dibangun berbasis keluarga Chipset Intel Z270 Express Memang terdapat beberapa perubahan seperti cover heatsink baru. The dual GPU configuration will assistance up to eight users per workstation. Employees of the cellular service organization who owned tower have been present and have been also there at the time of the incident. The program failed to flush data to the transaction log. I ultimately went to the Gigabyte assistance page and downloaded all drivers required (except for SATA and VGA) and burned them to a DVD – along with the Microsoft Hotfix required for MVMe drives.

But offered the patch panels on the back of the server rack are in continuous flux depending on what time of day it is and on which events I need to have to monitor or archive, a ready supply of organized patch cables is necessary. However, in an workplace this is specifically what you have – lots of men and women that could be connected up to energy all sorts of office gear such as the office laptop computers. The ground-breaking style ramps up simultaneous or parallel workflows, enabling skilled customers to innovate more quickly and reduces the time among an idea and a item. Now let us come to specific characteristics that you need to have to keep in mind even though getting office desks and laptop workstations on the web. An eighth-generation “Coffee Lake” Intel Core i7-8550U processor keeps items humming along smoothly, and up to 16GB of RAM ensures you can energy through something you want to accomplish.

You can not use gaming cards, it’ll unravel space-time, and possibly dissolve your kidney. Our suggestions under are exclusively Nvidia as they feature CUDA support, which is a GPU acceleration technologies that a lot of 3D modeling and video editing applications support. The Z Workstation range is made from the inside out to fulfil your demands. A report displaying every group in the hotel, the number of rooms occupied by every group, the quantity of guests for each group, and the revenue generated by every single group is widespread. But what most men and women have discovered over time is that working on PCs for numerous hours a day can lead to injuries that can be fairly severe. Developed with genuine leather power seat, built-in seat warmer and cooler, and lumbar assistance, the Droian is the future of ergonomic pc workstations.

But when you want to sit and operate, the keyboard tray of the WorkFit-TL rests on prime of the desktop, raising your elbows and shoulders to a position that is not relaxed. Public pedagogy becomes part of a vital practice developed to understand the social context of everyday life as lived in relation to power. The NVIDIA Tesla cards perform in conjunction of the Quadro as computing processors. The Athlon MP has a comparable performance level with the Xeon, and many mobo makers have currently announced assistance of the dual Athlons and are establishing AMD-760MPX primarily based boards but currently the market can offer you only Tyan’s boards. It has Xeon mainstays like error-correcting memory and remote management, but it also rolls in help for brand new functions that any self-respecting techie would like, such as the new Thunderbolt 3 connector.

As workplace furnishings specialists, we strive to merge functionality with style – creating spaces that are really inspiring. NVIDIA’s variety of QUADRO graphics cards are purpose-constructed especially for CAD (Computer-aided Design) and used in conjunction with well recognized items from CAD software program makers Autodesk, Solidworks & Adobe. Overall performance, innovation, reliability from mobile to the datacenter: your job produced less complicated with HP Z Workstations. They are also built to be future-proof so they can help the fast expanding fields of virtual reality, machine studying and sophisticated design. Center the monitor directly in front of you above your keyboard. Meanwhile, laptop monitors, printers, keyboards and other accessories are protected from rigorous industrial environments.

Don’t forget that we are creating our workstation about NVIDIA’S Quadro M5000 graphics card, so our hardware alternatives will be made with this card in mind. With 1 CPU the program supports up to 1 Terabytes of memory with speed dependent on the speed of the slowest rated processor or DIMM and memory configuration. The Application Licensing Service reported that the Shop upgrade license does not match the existing active item key. Based on the belief that the far more people connect, the much better they function, Public transforms every component of the office—including person desks—into areas for collaboration. Keuntungan menggunakan dual core adalah bahwa hal itu menghasilkan panas lebih sedikit dibandingkan chip inti tunggal dengan dua tingkat frekuensi.

In accordance with the Microsoft Silicon Assistance Policy, HP does not support or supply drivers for Windows eight or Windows 7 on products configured with Intel or AMD 7th generation and forward processors. Now with up to 24 cores, the HP Z620 powerhouse supports a complete range of processors to help you get a lot more accomplished each and every minute. Solusi quad core Intel ini menggunakan cara yang menyerupai Pentium D. Bila Pentium D menggabungkan dua buah Pentium IV, maka Core two Quad menggabungkan 2 buah Core 2 Duo. The Application Licensing Service reported that the license is not activated. Functions like HP Positive Begin Gen three (a self-healing, self-checking BIOS), TPM two., Secure Authentication using up to 4 authentication tools (including intelligent cards and biometrics like fingerprints), and HP Safe Erase are developed to make certain that the information on a workstation will not fall into unauthorized hands.

The NVIDIA Quadro K620 provides impressive energy-efficient 3D application performance and capability. Basically what Intel does is that hey charge a premium for the really fastest processor in a variety. In contrast to CPUs, you are cost-free to pick whichever graphics card(s) you would like installed in your workstation, with the table below highlighting the crucial attributes of the market place top NVIDIA Quadro graphics cards. I want to use Registered-ECC memory because ECC(Error-correcting code) memory is mainly utilised for servers and other mission-critical applications that require extra security and stability and this ASUS Z10PE-D8 WS motherboard do help it. So, I choose the RAM from the ASUS Z10PE-D8 WS motherboard QVL (qualified vendor list). HP’ s latest workstation household, the xw4600, is exciting in that the systems within can be configured with a choice of Intel processors that come from a strong desktop heritage (e.g., we’ re far more utilized to seeing workstations with Xeon or Opteron processors).

To completely stand up to the activity of recording and editing digital audio, a Pc for music production wants 3 elements: a quick processor, plenty of RAM, and ample storage space. Our delivery personnel will bring your furniture into your residence and location it in the empty area you have designated. But for other workstation tasks, like digital content material creation and daily quantity crunching, the HP Z210 is truly faster—its second-generation Intel Core processor and SSD boot disk make a massive distinction. Todays best antivirus application sources are extremely effectively developed with automatic updates and also dont even slow down your computer technique. After 4 years with Arch Linux in my workstation laptop, I switched back to Ubuntu desktop (for a single much more time).

At the identical time, computers running BitTorrent are consistently searching for new peers that can upload data more quickly and dropping peers whose transmissions have turn into sluggish. Manufacturers use Workstation Series printers for applications throughout their product lines and storage facilities. USB Disk Safety is practically up Shnayst software, as the name suggests is to shield your personal computer against all sorts of usb memory. CADplace tested CPU and graphics benchmarks and applications in order to see when dual Xeon CPUs and the Quadro skilled GPUs dish out the efficiency, and when they lean back and idle. Engineers, architects, designers, and other professions that depend on CAD drawings and animations have a choice when it comes to machines: CAD workstations or an ordinary desktop Pc. As you will see, there are some distinct differences between the two, and certain circumstances when only one or the other will do.

These cores and enhanced memory allow you to render with iRay (which comes with 3DS Max Design and style) and also operate with V-Ray RT. iRay claims to render perfect lighting employing the GPU in a reasonable quantity of time. Final but not least is HP’s revolutionary Remote Graphics Software program (RGS), which permits customers to remotely access their higher-efficiency 2D, 3D, video and media-rich applications on-the-go. 18 Intel® HD graphics 530 is configurable as a standalone graphics selection Intel® HD graphics P530 Intel® Iris Pro Graphics P580 are only employed when NVIDIA Optimus Technology is enabled. The HP ZBook x2 also undergoes dozens of tests for certification and optimized efficiency with the industry’s top software providers like Adobe and Autodesk.

(65) Forward completed disposal application kind to the Assets Officer, Economic Operations, who will total the equipment’s monetary and acquire information and submit the application to Tender Board. This even contains the HP Z1, an ‘all-in-one’ desktop workstation that can be upgraded and serviced without ever obtaining to reach for a screwdriver. Share and collaborate with multiple customers simultaneously from any remote Pc, Mac®9, or Windows tablet whilst harnessing workstation class energy. A coach-built program with an Intel Core two Quad Q9550 quad-core CPU running at three.0GHz, 8GB of RAM, and an AMD FirePro V8800 graphics card. The base model comes with a effective Intel Core i7-6700HQ Quad-Core processor, 16GB of RAM and a 512GB PCIe SSD.

Right now, many creative pros use numerous devices such as a MacBook Pro plus an iPad to accomplish the exact same tasks that can be done on the HP ZBook x2. Being aware of that ultimate mobility is essential, HP developed a single device that delivers the same performance capabilities from inking to docked mode. It offers an simply accessible location to retailer and organise your loose pens, pencils, markers, scissors and other stationery products. Not only is the Razer Blade 1 of the very best gaming laptops cash can purchase, it is also an superb desktop replacement and mobile workstation for non-gamers, thanks to its exceptional array of characteristics and effective components. Fitted with an ergonomic chair to make certain the player is comfortable beneath the most intense gaming conditions, the Battle-Rig Pro gaming station looks like a sophisticated compact office with a nifty desk and storage space.

Featuring the most current technologies, our compact computer desks provide a easy however successful way of saving space, maintaining your laptop systems safe and enabling your students, pupils and personnel to function effectively at all times whether they want the Computer method or not. Adapun Core 2 Duo sendiri sudah merupakan prosesor dual core. Well-known alternatives to Microsoft’s Windows operating systems contain Apple’s OS X and the free open-supply Linux and BSD operating systems. The video card is accountable for displaying your 3D models on the screen and right after the processor it is deemed the second most essential piece of hardware. We got a dose of details on Dell’s new Precision M4600 and M6600 workstations yesterday, and even though impressed by their specs, we had been left without answers to two very crucial concerns: when can we get them, and how much will they cost?

But do you need a workstation with 32GB of RAM and 16 CPU cores capable of executing 32 threads simultaneously? Each SLI and CrossfireX architectures perform flawlessly on the new Z10PE-D16 WS motherboard, with PCI Express slots created to accommodate the power of multi graphics cards. Desks, hutches, writing tables and a lot more perform together to make your space functional and comfortable. You can configure it with more rapidly CPUs, greater overall performance graphic cards as effectively as up to 2TB of storage. Workstations are organization desktops typically bigger than standard desktops, with a single instance becoming Apple’s Mac Pro. The adjustment may be achieved by means of decreased perform rates, or provision of alternative duties with a gradual reintroduction to keyboard operate.

Workplace 365 ProPlus contains rights to download and set up copies of the newest Office desktop applications on up to 5 Windows PCs or Macs owned by the student, as nicely as rights to run the iPhone or Android editions of Office Mobile. For larger demanding applications, this workstation gives allowance for upgrading to the ATI Radeon HD 4870 and 512MB of GDDR5 memory. Dell Mobile Precision M4700 Laptop Workstation- Intel Core i5-3340M (Dual Core 2.70GHz, three.4GHz Turbo, 3M cache, 35W) has worked wonders for me and I think it will do wonders on you as well. CAD, or pc-aided style and drafting (CADD), is technologies for style and technical documentation, which replaces manual drafting with an automated procedure. The number of cores in your CPU can let your operating system to run two or more applications simultaneously, with every program using a different core.

We have identified out that the driver that works the very best for most of our clients if you are utilizing eBay or Paypal, , Dymo and numerous other shipping services as well as most POS systems. My workaround was to install all Windows 7 64 bit drivers by way of the above described technique, and they function perfectly. Reduce boot up, file transfers and application load instances by revolutionizing how your HP ZBook handles massive files with 4 TB storage,4 such as the optional dual HP Z Turbo Drives. Complete efficiency is obtained only when employing PCIe slots connected to the CPU. Or Platinum processors and 24 DIMM slots permitting for up to 1.5TB of six-channel DDR4-2666 ECC SDRAM. The requested operation can not be performed on a file with a user-mapped section open.

Massive, open configurations house two to 4 staff and function for workplace places with wide spaces. Also, computer graphics has nothing at all at all to do with CAD, except as the servant of style, simulation, or presentation. High-performance workstations are developed for computationally intense applications that demand far more graphics capability, processing power, and multi-tasking capacity than a standard Computer or notebook Pc. It consists of a energy cord and runs using a 200W external power supply that is 89% efficient and operates making use of 100-240 VAC at 50-60 Hz. Whilst the installed operating program is Windows 7 Specialist (64-bit), a Windows ten Professional (64-bit) license and media is integrated. This is the newest version on which alternatively of acquiring the effective i7-6700HQ Quad-Core CPU, you get a newer and even a lot more strong i7-7820HK Quad-Core CPU.

“We are consistently improving the way customers access Prysm options, so there are no barriers to collaboration. My thanks to Lenovo and NVIDIA for providing the workstation and card (and the inspiration). Mobile desks additionally provide combinations of CPU holders, keyboard trays, mouse holders, writing surfaces and far more. If there’s a comparatively realistic wild card, it might be the pro iMacs that Apple confirmed back in April. Supporting the latest skilled graphics, 384 GB of program memory, and dual M.two slots for HP Z Turbo Drive PCIe SSDs customers can knowledge seamless overall performance in visual effects and design and style visualization workloads. Our leading line is created for furnishing, storing, organizing and placing order into the most diversified sorts of workplaces, offices and academic environments, MG offers a vast variety of merchandise and options, each modular and integrated, which are capable of satisfying each type of demand, from straightforward hobbies to the most expert and sophisticated types of requirement.

Inside a limited space location, the desk and racks of the workstation is designed to fit in PCs, monitors, DVDs, pc speakers and far more. These settings will block unsolicitied targeted traffic while nevertheless allowing bidirectional communication on connections initiated from the PAW, avoid customers with local administrative access from producing nearby firewall rules that would override the GPO settings and make sure that visitors in and out of the PAW is logged. We describe interaction strategies and applications illustrating how actuated desktop workstations can boost ergonomics, foster collaboration, leverage context and reinforce physicality. The answer is simple: demand for these processors is not massive (or at least it wasn’t), but late final year, the supply became massive when thousands of processors hit the industry as prior-gen servers from Facebook and other massive Web businesses have been decommissioned by employed equipment recyclers.

As a member of the world’s most safe and manageable mobile workstation household 1 , the HP ZBook x2 functions HP Positive Start Gen3 11 for BIOS protection, TPM two. for hardware-primarily based encryption to secure credentials, safe authentication techniques via the Wise Card Reader and HP’s Client Safety Suite Gen3 12 to defend data, device and identity, including facial recognition and fingerprint reader. 3D wireframe is essentially an extension of 2D drafting (not usually employed today). So with xeon and especially dual xeon, you are going to want a ton of memory and the expense of that memory from hp can be extremely costly. When you happen to be dealing with just 2D characteristics such as 2D Drafting and Annotation in AutoCAD, then you may not need more than two cores or a 3 GHZ processor.

To my thoughts, only Apple and Sun have delivered related levels of serviceability to those provided in HP’s new Z series, which is fully tool-much less in style. The E7505 supports a program bus of up to 533MHz, matching the single or dual Xeon 533MHz FSB and 512KB L2 cache processors it supports it also supports the HT Technology included in these processors. Effectively, there is excellent news, because workplace supply manufacturer Quartet has a line of workspace privacy screens that provide review solutions for today’s busy office. A enormous range of octa-core Sandy Bridge-EP” processors were released in 2012, the cheapest of which came at $1100 – even far more pricey than the 5960X. At any price, you can uncover a much more thorough discussion of 3D design and rendering software program in section 4, straight below.

We can also provide hardware design and content distribution for digital signage. The requested operation could not be performed due to the fact the directory service is not the master for that variety of operation. No matter what circumstance you discover yourself in, we’ve identified the very best gaming desks in each size category. Maintaining your desk organized is an important portion of permitting oneself to appreciate the lovely new piece of furniture you’ve chosen for your workplace. Workstation systems, as with all workplace and organization furnishings, should consist of components that can be reconfigured and reused with no requiring numerous trades to disconnect and reconnect services. This space primarily shared among the nutrition and apparel, textiles and style programs, but is available for other FCS applications as well.

Filed under: General Tagged: best workstation pc build, office workstation price in chennai, workstation computer from KelsusIT.com – Refurbished laptops, desktop computers , servers http://bit.ly/2BJgJ20 via IFTTT

[marcosplavsczyk]

On April 27, 2016, the European Parliament and the council of the European Union adopted a new standard, the General Data Protection Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The GDPR takes effect on May 25, 2018 and introduces numerous security and compliance regulations and obligations to all organizations worldwide, that handle, process, collect or store personal information of EU citizens. This means that organizations, both the data processors and data controllers, will have to elevate security measures and auditing mechanisms when handling personal identifiable information (PII) of EU citizens and be able to demonstrate compliance with GDPR standard at all time, not only on regular basis (monthly, yearly), but also on demand.

To better understand personal data and the process of handling it, GDPR defines the following:

“‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

“‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law; “

Source: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

As per GDPR, organizations will have to ensure that only people which should have access to the personal information of EU citizens will have the access, and in case of unauthorized access, organizations must have mechanisms to detect and be alerted on any such event which will enable them to act swiftly and resolve any possible issues. Furthermore, in case of any data breach, organizations must provide full information on these events to their local data protection authority (DPA) and all customers concerned with the data breach in no more than 72 hours so they can act accordingly as needed.

In case of GDPR violations and failing to comply with the standard, heavy fines are imposed on organizations, resulting in fines for up to 4% of their global revenue, or up to €20 million, whichever is greater. With this in mind, it is important for all organizations that will be required to comply with GDPR to immediately take action and prepare for May 25, 2018 when non-compliant organizations will immediately face fines and penalties defined by the standard.

In general, GDPR requires access control, information integrity, control of auditing and more, similar to other compliance regulations. Per GDPR, it is necessary to utilize various methods, as well as hardware and software mechanisms that provide auditing, monitoring and capturing of user activities that use PII as well as to ensure against any unauthorized access and achieve maximum data integrity.

To Meet GDPR, it is necessary to achieve uninterrupted, continuous auditing of data flow and access and be able to report and investigate all access attempts, including unauthorized and failed access attempts. In addition, it is mandatory to audit all changes on PII and to be able to report and be alerted on any events or efforts to change or access PII.

GDPR and SQL Server

When organizations regulated by GDPR compliance standards use SQL Server to handle, process, collect and store personal identifiable information of EU citizens, it is important to ensure that all access to the sensitive data is fully transparent, that all access attempt can be detected, to ensure that auditors can always forensically investigate who saw what when and where, and that any changes to the data can be thoroughly inspected or caught.

ApexSQL Audit is a SQL Server auditing tool which allows live auditing of unlimited number of databases located on multiple SQL Server instances within domain or local area network. ApexSQL Audit allows users to audit almost 200 SQL Server events, including data (DML) and structure (DDL) changes, security events on both server and database levels, queries, backup/restore tasks, warnings, errors and more.

All audited data is stored in the central repository database which is tamper-evident and can store audited data indefinitely which allows auditing on demand via variety of out-of-the-box or fully customizable reports. Furthermore, ApexSQL Audit has built-in alert mechanisms which can alert users immediately on specific auditing events such are unauthorized access attempts, malicious changes and more. These alerts can be triggered inside the application, written to the windows event log or send via SMTP to multiple email recipients.

Achieving compliance with GDPR will not be an easy task for both small and big organizations across the globe, and they will need all the help they can get to achieve compliance before the deadline on May 25, 2018. ApexSQL Audit can help!

Here is the list of regulative that can be easily achieved with ApexSQL Audit:

Article 5 – Principles relating to processing of personal data (Chapter II Principles)

“Personal data shall be:

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”

Source: Article 5 EU GDPR “Principles relating to processing of personal data”

As mentioned above, ApexSQL Audit can audit all DDL and DML changes to structure and data as well as any access attempts to the data in SQL Server databases. Additionally, the tool allows users to create on-demand reports (both out-of-the-box or custom) at any given time so controllers and auditors can demonstrate compliance on any occasion.

Article 24 – Responsibility of the controller (Chapter IV Controller and processor)

“1. Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organizational measures to ensure and to be able to demonstrate that processing is performed in accordance with this Regulation. Those measures shall be reviewed and updated where necessary.

2. Where proportionate in relation to processing activities, the measures referred to in paragraph 1 shall include the implementation of appropriate data protection policies by the controller.

3. Adherence to approved codes of conduct as referred to in Article 40 or approved certification mechanisms as referred to in Article 42 may be used as an element by which to demonstrate compliance with the obligations of the controller. “

Source: Article 24 EU GDPR “Responsibility of the controller”

Since Article 24 enforces controllers to achieve transparency of access and any processing of PII, it is necessary to perform full auditing on the data and to be able to demonstrate that the processing is performed in accordance with GDPR.

ApexSQL Audit allows users to achieve compliance with this article by providing mechanisms for users to audit all access and changes made to the SQL Server database, and also allows controllers to swiftly and timely react in case of any compliance breach, such is unauthorized access or any unauthorized processing with its alerting mechanisms which can alert controller or other relevant personnel on any even which is in breach of the compliance regulative.

Article 25 – Data protection by design and by default (Chapter IV Controller and processor)

“1. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organizational measures, such as pseudonymizing, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.

2. The controller shall implement appropriate technical and organizational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons. “

Source: Article 25 EU GDPR “Data protection by design and by default”

Again, ApexSQL Audit can help users to achieve compliance with article 25. While ApexSQL Audit can be configured to audit before-after changes and capture exact values as a special feature, auditing of SQL Server events is achieved without reading the actual values in both changes or queries – instead, these are parametrized which allows full data-protection and allows ApexSQL Audit to safely audit all SQL Server events without exposing or endangering safety of sensitive/critical data in any way. This allows maximum security and allows compliance with article 25 of GDPR.

Article 32 – Security of processing (Chapter IV Controller and processor)

“1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:

(b) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;

(c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;

(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

2. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed.

4. The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data does not process them except on instructions from the controller unless he or she is required to do so by Union or Member State law.”

Source: Article 32 EU GDPR “Security of processing”

With similar mechanisms mentioned above, ApexSQL Audit can help both processors and controllers achieve compliance with this article by allowing them to audit not only access attempts and changes, but also providing full information on who, when, from where, how has accessed sensitive data, if the data was changed in any way or if integrity has been compromised – both for the personal information, as well as for audited data.

Article 33 – Notification of a personal data breach to the supervisory authority (Chapter IV Controller and processor)

“1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.”

Source: Article 33 EU GDPR “Notification of a personal data breach to the supervisory authority”

Article 33 enforces a swift and actionable reaction of controller is any critical event of data breach or integrity compromise. It is of crucial to be able to react immediately and to arm controllers with all relevant data on any potential breach of personal data, and ApexSQL Audit provides such a solution. Due to its comprehensive review and alerting mechanisms, ApexSQL Audit can be configured to raise an alert which can be immediately emailed or written to windows event log on any potentially critical event that can endanger personal data safety. Furthermore, alerts triggered by ApexSQL Audit can be fully customized to include variety of information on the event which will allow full details on who, when, and how compromised the data safety, or even allow users to create their own SQL Scripts that will trigger specific alerts if a defined threshold has been reached.

With the advent of GDPR, it is critical for all organizations that in any way handle personal information of EU citizens, whether the organizations are in the European Union or anywhere else in the world, to make immediate preparations to achieve GDPR compliance, or suffer heavy penalties in case of a failure to do so. ApexSQL Audit can greatly help anyone using SQL Server databases to store/handle PII and check out several critical regulations included in GDPR.

Useful links:

General Data Protection Regulation

Microsoft SQL Server and GDPR compliance

GDPR Assessment: Are you ready for the GDPR?

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